Supreme Court of Florida
____________
No. SC17-2004
____________
IN RE: AMENDMENTS TO
FLORIDA RULE OF CRIMINAL PROCEDURE 3.220.
[May 10, 2018]
PER CURIAM.
This matter is before the Court for consideration of the out-of-cycle report of
The Florida Bar’s Criminal Procedure Rules Committee (Committee), proposing
an amendment to Florida Rule of Criminal Procedure 3.220 (Discovery). See Fla.
R. Jud. Admin. 2.140(e). We have jurisdiction. See art. V, § 2(a), Fla. Const.
Florida Rule of Criminal Procedure 3.220 pertains to discovery in criminal
cases. Subdivision (d) addresses a defendant’s obligation upon electing to
participate in reciprocal discovery. The Committee proposes amending
subdivision (d)(1)(B)(ii) of rule 3.220 to require that only reports or statements of
experts that the defendant intends to use at a hearing or at trial must be disclosed to
the prosecutor. The Committee explains that the amendment is necessary based on
the decision in Kidder v. State, 117 So. 3d 1166 (Fla. 2d DCA 2013), which held
that the plain language of the rule “requires a defendant to disclose and permit the
inspection and copying of ‘reports or statements of experts made in connection
with the particular case, including results of . . . scientific tests, experiments, or
comparisons.’ ” 117 So. 3d at 1169-70. Thus, Kidder was required to disclose the
results of a blood alcohol test, irrespective of the fact that she did not intend to use
the report at trial.
After considering the Committee’s proposal, we amend Florida Rule of
Criminal Procedure 3.220(d) as reflected in the appendix to this opinion. New
language is indicated by underscoring. The amendment shall become effective
immediately upon the release of this opinion.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON,
and LAWSON, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Rules of Criminal Procedure
Judge Jon Berkley Morgan, Chair, Criminal Procedure Rules Committee,
Kissimmee, Florida, Joshua E. Doyle, Executive Director, and Heather Savage
Telfer, Staff Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
-2-
APPENDIX
RULE 3.220. DISCOVERY
(a)-(c) [No Change]
(d) Defendant’s Obligation.
(1) If a defendant elects to participate in discovery, either through
filing the appropriate notice or by participating in any discovery process, including
the taking of a discovery deposition, the following disclosures shall be made:
(A) [No change]
(B) Within 15 days after receipt of the prosecutor’s Discovery
Exhibit the defendant shall serve a written Discovery Exhibit which shall disclose
to and permit the prosecutor to inspect, copy, test, and photograph the following
information and material that is in the defendant’s possession or control:
(i) the statement of any person listed in subdivision
(d)(1)(A), other than that of the defendant;
(ii) reports or statements of experts, that the defendant
intends to use as a witness at a trial or hearing, made in connection with the
particular case, including results of physical or mental examinations and of
scientific tests, experiments, or comparisons; and
(iii) any tangible papers or objects that the defendant intends
to use in the hearing or trial.
(2)-(3) [No changes]
(e)-(o) [No changes]
Committee Notes
[No changes]
Court Commentary
[No changes]
-3-