RULE 3.400. MATERIALS TO THE JURY ROOM

(a) Discretionary Materials. The court may permit the jury,
upon retiring for deliberation, to take to the jury room:

(1) a copy of the charges against the defendant;

(2) forms of verdict approved by the court, after being
first submitted to counsel;

(3) all things received in evidence other than
depositions. If the thing received in evidence is a public record or a
private document which, in the opinion of the court, ought not to be
taken from the person having it in custody, a copy shall be taken or
sent instead of the original.

(b) Mandatory Materials. The court must provide the jury,
upon retiring for deliberation, with a written copy of the
instructions given to take to the jury room.

Committee Notes
1968 Adoption. (1) and (2) same as section 919.04(1) and (2),
Florida Statutes.

Section (3) was changed from the existing section 919.04(3) by
adding to the things which should not be taken with or sent to the
jury, written or recorded statements or confessions. It was felt by
the committee that the present practice of allowing such things to
be taken with the jury is unfair and emphasizes such statements or
confessions to the jury. Since they are always read to the jury they
should receive no additional emphasis than the testimony of any
witness from the stand. [Court did not approve this change; the
proposal was not adopted; and F.S.A. § 919.04(3) was transferred
unchanged to Rule 1.400(c).]

1972 Amendment. (a) permits a copy of the indictment or
information to be taken to the jury room. The committee deliberated
at length about this provision but finally approved same. (b), (c),
and (d) are same as former rule 3.400(a), (b), and (c) [but some
terminology has been changed].