Amendments to the rules of criminal procedure.

The Florida Innocence Commission has recommended amending Florida Rule of Criminal Procedure 3.220(b), Prosecutor's Discovery Obligation, to provide for more detailed disclosure in the case of informant witnesses. See Florida Innocence Commission Final Report to the Supreme Court of Florida, June 25, 2012 (http://www.flcourts.org/gen_public/finalreport2012.rtf), at 49-92, 166-67, and Appendix G (http://www.flcourts.org/gen_public/FinalReportAppendicesCombined.pdf). Following a referral by the Florida Supreme Court, the Court's Criminal Court Steering Committee submitted a report recommending that the court not amend rule 3.220, as recommended by the commission. The court, on its own motion, is considering amending rule 3.220 based upon the recommendations of the commission. The proposed amendments pertain to the prosecutor's duty to disclose certain information concerning informant witnesses. The court is concerned about the commission's findings regarding the incidence of wrongful convictions involving "jailhouse informants." The proposed amendments under consideration are aimed at reducing the risks associated with "jailhouse informant" testimony. The court invites all interested persons to comment on the amendments under consideration, which are reproduced in full below, as well as online at www.floridasupremecourt.org/decisions/proposed.shtml. All comments must be filed with the court on or before January 14, 2014. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Portal in accordance with In re: Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb 18, 2013). If filed by a non-lawyer or a lawyer not licensed to practice in Florida, the comment must be electronically filed via e-mail in accordance with In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). Electronically filed documents must be submitted in Microsoft Word 97 or higher. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927; no additional copies are required or will be accepted.

IN THE SUPREME COURT OF FLORIDA

IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.220, CASE NO. SC13-1541

RULE 3.220. DISCOVERY

(a) [No...

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