Amendments to Florida Rules of Criminal Procedure—Rule 3.852 (Capital Postconviction Public Records Production) & Rule 3.993 (Related Forms)

723 So. 2d 163, 23 Fla. L. Weekly Supp. 478, 1998 Fla. LEXIS 1813, 1998 WL 681305
CourtSupreme Court of Florida
DecidedSeptember 18, 1998
DocketNo. 93,845
StatusPublished
Cited by7 cases

This text of 723 So. 2d 163 (Amendments to Florida Rules of Criminal Procedure—Rule 3.852 (Capital Postconviction Public Records Production) & Rule 3.993 (Related Forms)) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amendments to Florida Rules of Criminal Procedure—Rule 3.852 (Capital Postconviction Public Records Production) & Rule 3.993 (Related Forms), 723 So. 2d 163, 23 Fla. L. Weekly Supp. 478, 1998 Fla. LEXIS 1813, 1998 WL 681305 (Fla. 1998).

Opinion

PER CURIAM.

In 1996, this Court, on its own motion, promulgated new Florida Rule of Criminal Procedure 3.852 to govern public records requests in capital postconviction proceedings. In re Amendment to Florida Rules of Criminal Procedure—Capital Postconviction Public Records Production, 683 So.2d 475 (Fla.1996). This Court established a Special Committee on Florida Rule of Criminal Procedure 3.852, which was charged with the responsibility of creating proposed forms and amendments to the rule concerning the public records process for capital postconviction defendants. See Amendments to Florida Rules of Criminal Procedure, 23 Fla. L. Weekly S363, 719 So.2d 869 (Fla.1998). Because of the 1998 Legislature’s repeal of rule 3.852, this Court expanded the Committee’s charge to include making recommendations as to procedures concerning chapter 98-198, section 1, Laws of Florida, which enacted a new section of the Public Records Law, to be codified as section 119.19, Florida Statutes (Supp.1998), which concerns public records production for capital postconviction defendants. 23 Fla. L. Weekly at S363, 719 So.2d at 869. We have. reviewed the Committee’s recommendations on an expedited basis to accommodate the October 1, 1998, effective date of the repeal of rule 3.852.

We hereby adopt on an emergency basis the Committee’s proposed rule 3.852 and the accompanying forms set forth in the attached appendix. These changes are effective October 1, 1998, at 12:01 a.m. Interested persons may file comments by December 1,1998. By this adoption of the rule, we express no opinion on the substance of the rule or chapter 98-198, § 1, Laws of Florida, or the merits of any matter concerning the rule or statute.

It is so ordered.

HARDING, C.J., and OVERTON, SHAW, KOGAN, WELLS, ANSTEAD and PARIENTE, JJ., concur.

APPENDIX

Rule 3.852 Capital Postconviction Public Records Production.

(a) Applicability and Scope.

(1) This rule is applicable only to the production of public records for capital postcon-viction defendants and does not change or alter the time periods specified in Florida Rules of Criminal Procedure 3.850 and 3.851. Furthermore, this rule does not affect, expand, or limit the production of public records for any purposes other than use in a proceeding held pursuant to rule 3.850 or rule 3.851.

(2) This rule shall not be a basis for renewing requests that have been initiated previously or for relitigating issues pertaining to production of public records upon which a court has ruled prior to October 1, 1998.

(3) This rule is to be used in conjunction with the forms found at rule 3.993.

[164]*164(b) Definitions.

(1) “Public records” has the meaning set forth in chapter 119, Florida Statutes.

(2) “Trial court” means:

(A) the judge who imposed the sentence of death; or

(B) the judge assigned by the chief judge.

(3) “Records repository” means the location designated by the Secretary of State pursuant to section 119.19, Florida Statutes (Supp.1998), for archiving capital postconviction public records.

(4) “Collateral counsel” means a capital collateral regional counsel from one of the three regions in Florida; a private attorney who has been appointed to represent a capital defendant for posteonviction litigation; or a private attorney who has been hired by the capital defendant or who has agreed to work pro bono for a capital defendant for postcon-viction litigation.

(5) “Agency” and “person” mean an entity or individual as defined in section 119.011(2), Florida Statutes, that is subject to the requirements of producing public records for inspection under section 119.07(l)(a), Florida Statutes.

(6) “Index” means a list of the public records included in each box of public records sent to the records repository.

(c) Filing and Service.

(1) The original of all notices, requests, or objections filed under this rule must be filed with the clerk of the trial court. Copies must be served on the trial court, the attorney general, the state attorney, collateral counsel, and any affected person or agency, unless otherwise required by this rule.

(2) Service shall be made pursuant to rule 3.030(b).

(d) Action Upon Issuance of Mandate.

(1) Within 15 days after the Supreme Court of Florida issues a mandate affirming the sentence of death, the attorney general shall file with the trial court a written notice of the mandate and serve a copy of it upon the state attorney, the Department of Corrections, and the defendant’s trial counsel. The notice to the state attorney shall direct the state attorney to submit public records to the records repository within ninety days and to notify each law enforcement agency involved in the case to submit public records to the records repository within 90 days. The notice to the Department of Corrections shall direct the department to submit public records to the records repository within 90 days.

(2) Within 90 days after issuance of the Supreme Court of Florida’s mandate affirming a death sentence, the state attorney shall provide written notification to the attorney general of the name and address of any additional person or agency that has public records pertinent to the case.

(3) Within 90 days after issuance of the Supreme Court of Florida’s mandate affirming a death sentence, the defendant’s trial counsel shall provide written notification to the attorney general of the name and address of any person or agency with information pertinent to the case which has not previously been provided to collateral counsel.

(4) Within 15 days after receiving notification of any additional person or agency pursuant to subdivisions (d)(2) or (d)(3), the attorney general shall request all public records in the possession of each additional person or agency which pertain to the case be copied, sealed, indexed, and delivered to the records repository.

(e)Action Upon Receipt of Notice of Mandate

(1) Within 15 days after receipt of a written notice from the attorney general of the mandate, the state attorney shall provide written notification to each law enforcement agency involved in the specific case to submit public records to the records repository within 90 days. A copy of the notice shall be served upon the defendant’s trial counsel.

(2) Within 90 days after receipt of a written notice from the attorney general, the state attorney shall copy, seal, index, and deliver to the records repository all public records that were produced in the investigation or prosecution of the case except for those filed in the trial court. The state [165]*165attorney shall also provide written notification to the attorney general of compliance with this section, including certifying that, to the best of the state attorney’s knowledge or belief, all public records in the state attorney’s possession have been copied, sealed, indexed, and delivered to the records repository as required by this rule.

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In Re AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.852
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452 F. Supp. 2d 1203 (M.D. Florida, 2006)
Muhammad v. State
782 So. 2d 343 (Supreme Court of Florida, 2001)
Amendments to Florida Rules of Criminal Procedure 3.851, 3.852 & 3.993
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Allen v. Butterworth
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Bluebook (online)
723 So. 2d 163, 23 Fla. L. Weekly Supp. 478, 1998 Fla. LEXIS 1813, 1998 WL 681305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amendments-to-florida-rules-of-criminal-procedurerule-3852-capital-fla-1998.