Amendments to prosecutor's discovery obligations.

The Florida Supreme Court recently adopted an amendment to Florida Rule of Criminal Procedure 3.220(b) (Prosecutor's Discovery Obligation). The amendment is intended to conform the rule to section 92.561, Florida Statutes (2012), which prohibits the reproduction of child pornography in a criminal case. The court invites all interested persons to comment on the amendment, which is reproduced in full below, as well as online at www.floridasupremecourt.org/decisions/opinions.shtml. An original and nine paper copies of all comments must be filed with the court on or before January 28, with a certificate of service verifying that a copy has been served on Mark Caliel, Committee Chair, 220 E. Bay Street, Jacksonville 32202-3429, mcaliel@coj.net, and on the Bar staff liaison to the committee, Heather Telfer, 651 E. Jefferson Street, Tallahassee 32399-2300, htelfer@flabar.org, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The committee chair has until February 18 to file a response to any comments filed with the court. Electronic copies of all comments also must be filed in accordance with the court's administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC0484 (Sept. 13, 2004).

IN THE SUPREME COURT OF FLORIDA IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.220, CASE NO. SC12-2235

RULE 3.220. DISCOVERY

(a) [No Change]

(b) Prosecutor's Discovery Obligation.

(1) Within 15 days after service of the Notice of Discovery, the prosecutor shall serve a written Discovery Exhibit which shall disclose to the defendant and permit the defendant to inspect, copy, test, and photograph the following information and material within the state's possession or control, except that any property or material that portrays sexual performance by a child or constitutes child pornography may not be copied, photographed, duplicated, or otherwise reproduced:

(A) a list of the names and addresses of all persons known to the prosecutor to have information that may be relevant to any offense charged or any defense thereto, or to any similar fact evidence to be presented at trial under section 90.404(2), Florida Statutes. The names and addresses of persons listed shall be clearly designated in the following categories:

(i) Category A. These witnesses shall include (1) eye witnesses, (2) alibi witnesses and...

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