Florida Rule of Criminal Procedure 3.993
RULE 3.993. FORMS RELATED TO CAPITAL POSTCONVICTION
RECORDS PRODUCTION
(a) Notice to State Attorney of Affirmance of Death
Penalty.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE TO STATE ATTORNEY OF
AFFIRMANCE OF DEATH PENALTY
TO:
[name of state attorney and circuit]
The Attorney General of the State of Florida, under Florida
Rule of Criminal Procedure 3.852(d)(1), gives notice that on
....(date)...., the Florida Supreme Court issued its mandate affirming
the death sentence in this case.
Within 15 days after receipt of this notice, you should provide
written notice to each law enforcement agency involved in this case.
Within 90 days after receipt of this notice, you and each law
enforcement agency involved in this case, should copy, index, and
deliver to the records repository of the Secretary of State all public
records that were produced in the investigation or prosecution of
this case, except those previously filed in the trial court.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on .....(name of trial court)....., .....(name
of state attorney)....., and .....(name of trial counsel for
defendant)..... on .....(date)......
[name, address, and e-mail
address of
attorney general]
(b) Notice to Secretary of Department of Corrections of
Affirmance of Death Penalty.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE TO SECRETARY OF DEPARTMENT OF CORRECTIONS
OF AFFIRMANCE OF DEATH PENALTY
TO:
[name of Secretary of Department of Corrections]
The Attorney General of the State of Florida, under Florida
Rule of Criminal Procedure 3.852(d)(1), gives notice that on
.....(date)....., the Florida Supreme Court issued its mandate
affirming the death sentence in this case.
Within 90 days after receipt of this notice, you should copy,
index, and deliver to the records repository of the Secretary of State
all public records determined by your department to be relevant to
the subject matter of a proceeding under Florida Rule of Criminal
Procedure 3.850 or 3.851 unless the production of these records
would be unduly burdensome.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of Secretary of Department of Corrections)….., and …..(name of trial
counsel for defendant)….. on .....(date)......
[name, address, and e-mail
address of attorney general]
(c) Notice by State Attorney to Law Enforcement Agency.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE OF AFFIRMANCE OF DEATH PENALTY
AND TO PRODUCE PUBLIC RECORDS
TO:
[name of chief law enforcement officer]
The State Attorney of the Judicial Circuit of the State of
Florida, under Florida Rule of Criminal Procedure 3.852(e)(1),
hereby gives notice to …..(name of chief law enforcement officer and
agency)….., that was involved in this case by investigation, arrest,
prosecution or incarceration, that on .....(date)....., the Florida
Supreme Court issued its mandate affirming the death sentence in
this case.
Within 90 days after receipt of this notice, you and each law
enforcement agency involved in this case should copy, index, and
deliver to the records repository of the Secretary of State all public
records that were produced in the investigation, arrest, prosecution,
or incarceration of this case, except those filed in the trial court.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)……, …..(name
of chief law enforcement officer)….., …..(name of attorney
general)….., and …..(name of collateral counsel)….., on .....(date)......
[name, address, and e-mail
address of state attorney]
(d) Notice of Compliance by State Attorney.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE OF COMPLIANCE BY STATE ATTORNEY
TO:
[name, address, and e-mail address of attorney general]
The State Attorney for the _____________ Judicial Circuit gives
notice to the Attorney General of compliance by delivery of public
records involving this case to the records repository of the Secretary
of State. To the best of my knowledge and belief, all public records
in my possession that were produced in the investigation or
prosecution of the case, except those previously filed in the trial
court, have been copied, indexed, and delivered to the records
repository of the Secretary of State as required by Florida Rule of
Criminal Procedure 3.852(e)(2).
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of attorney general)….., and …..(name of collateral counsel)….. on
.....(date)......
[name, address, and e-mail
address of attorney general]
(e) Notice of Compliance by the Secretary of the
Department of Corrections.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE OF COMPLIANCE BY THE SECRETARY
OF THE DEPARTMENT OF CORRECTIONS
TO:
[name, address, and e-mail address of attorney general]
The Secretary of the Department of Corrections, having
received notice of the affirmance of the death penalty in this case
from the Attorney General on .....(date)....., hereby gives notice and
certifies that, to the best of my knowledge and belief, all public
records determined by the Department to be relevant to the subject
matter of a proceeding under Florida Rule of Criminal Procedure
3.850 or 3.851, except those previously filed in the trial court, have
been copied, indexed, and delivered to the records repository of the
Secretary of State.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of attorney general)….., …..(name of state attorney)….., and
…..(name of collateral counsel)….., on .....(date)......
[name, address, and e-mail
address of
Secretary of Department of
Corrections]
(f) Notice of Compliance by Law Enforcement Agency.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE OF COMPLIANCE BY LAW ENFORCEMENT AGENCY
TO:
[name, address, and e-mail address of attorney general]
…..(name of chief law enforcement officer and agency)….. that
was involved in this case by an investigation, arrest, prosecution, or
incarceration, hereby gives notice to the Attorney General of
compliance by delivery of public records involving this case to the
records repository of the Secretary of State. I further certify that, to
the best of my knowledge and belief, all public records in
possession of this agency or in the possession of any employee of
this agency that were produced in the investigation or prosecution
of the case, except those previously filed in the trial court, have
been copied, indexed, and delivered to the records repository of the
Secretary of State.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of attorney general)….., …..(name of state attorney)….., and
…..(name of collateral counsel)….., on .....(date)......
[name, address, and e-mail
address of
chief law enforcement officer]
(g) Notice to Attorney General of Pertinent Information.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
STATE ATTORNEY’S NOTICE TO ATTORNEY GENERAL
OF PERTINENT INFORMATION
TO:
[name, address, and e-mail address of attorney general]
The undersigned …..(name of state attorney)….. hereby gives
notice to the Attorney General of the following name(s) and
address(es) of any person or agency having information pertinent to
this case in addition to those persons and agencies who previously
furnished public records to the records repository of the Secretary
of State:
[list names and addresses of persons or agencies]
Please provide prompt written notification to each identified
person or agency of the duty to deliver to the records repository of
the Secretary of State all public records pertaining to this case,
except those previously filed in the trial court.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of attorney general)….., and …..(name of public defender or defense
counsel)…., on .....(date)......
[name, address, and e-mail
address of
attorney general]
(h) Notice to Attorney General of Pertinent Information.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
TRIAL COUNSEL’S NOTICE TO ATTORNEY
GENERAL OF PERTINENT INFORMATION
TO:
[name, address, and e-mail address of attorney general]
The undersigned …..(name of public defender or other
counsel)….., for …..(name of defendant)….. hereby gives notice to
the Attorney General of the following name(s) and address(es) of
persons or agencies that may have information pertinent to this
case, in addition to those previously furnished to collateral counsel.
[list names and addresses of persons or agencies]
Please provide prompt written notification to each identified
person or agency of the duty to deliver to the records repository of
the Secretary of State all public records pertaining to this case,
except those previously filed in the trial court.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of attorney general)….., and …..(name of state attorney)….., on
.....(date)......
[name, address, and e-mail
address of
trial counsel]
(i) Notice by Attorney General to Person or Agency
Having Pertinent Information.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE BY ATTORNEY GENERAL TO PERSON
OR AGENCY HAVING PERTINENT INFORMATION
TO:
[name, address, and e-mail address of person or agency]
Pursuant to Florida Rule of Criminal Procedure 3.852(d)(2),
the undersigned has been notified by …..(name of trial counsel or
state attorney)….., that you have public records pertinent to this
case.
Under the provisions of rule 3.852(e)(5), you must:
1. Within 90 days of receipt of this notice, copy, index, and
deliver to the records repository of the Secretary of State all public
records in your possession pertinent to this case, except those
previously filed in the trial court; and
2. Provide written notice to me that you have complied with
these provisions.
I HEREBY CERTIFY that a true and correct copy of the
pleading has been served on …..(name of person or agency)…... and
…...(name of trial court)….., on .....(date)......
[name, address, and e-mail
address of
attorney general]
(j) Notice of Compliance by Person or Agency.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE OF COMPLIANCE BY PERSON OR AGENCY
TO:
[name, address, and e-mail address of attorney general]
The undersigned having received notice under Florida Rule of
Criminal Procedure 3.852(e)(5) from the Attorney General on
.....(date)....., to copy, index, and deliver all public records in my
possession or in the possession of the undersigned agency to the
records repository of the Secretary of State, hereby gives notice to
the Attorney General and further certifies that, to the best of my
knowledge and belief, all of these public records in my possession
or in the possession of the undersigned agency pertaining to this
case, except those previously filed in the trial court, have been
copied, indexed, and delivered to the records repository of the
Secretary of State.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of attorney general)….., …..(name of state attorney)….., and
…..(name of collateral counsel)….., on .....(date)......
[name, address, and e-mail
address of
person or agency]
(k) Defendant’s Demand for Production of Additional
Public Records Pertaining to Defendant’s Case.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
DEFENDANT’S DEMAND FOR ADDITIONAL PUBLIC
RECORDS PERTAINING TO DEFENDANT’S CASE
TO:
[name, address, and e-mail address of person or agency]
The defendant, by and through undersigned counsel, hereby
makes demand of …..(name of person or agency submitting public
records)….., under Florida Rule of Criminal Procedure 3.852(i), for
additional public records pertinent to this case.
1. Undersigned counsel represents that, after a timely and
diligent search, the records specifically described below:
(a) are relevant to a pending proceeding under rule
3.850; or
(b) appear reasonably calculated to lead to the
discovery of admissible evidence; and
(c) have not been obtained previously in discovery or
from a prior public records request from either the above-named
person or agency or any other; and
(d) presently are not available from the public records
repository.
2. The public records requested are as follows:
[list public records requested]
3. Under rule 3.852, any objection to production, including
any claim of exemption, must be filed with the trial court and
served on all counsel of record within 60 days of receipt of this
demand, or that objection will be considered waived.
4. Under rule 3.852, you shall, within 90 days after receipt
of this demand:
(a) copy, index, and deliver to the records repository of
the Secretary of State any additional public records in the
possession of your agency that pertain to this case; and
(b) certify that, to the best of your knowledge and
belief, all additional public records have been delivered to the
records repository of the Secretary of State; and
(c) recertify that the public records previously delivered
are complete if no additional public records are found.
[name of attorney for
defendant]
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of person or agency)….., …..(name of attorney general)….., and
…..(name of state attorney)….., on .....(date)......
[name, address, and e-mail
address of
attorney for defendant]
(l) Objection to Defendant’s Request for Production of
Additional Public Records Pertaining to Defendant’s Case and
Motion for Hearing.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
OBJECTION TO DEFENDANT’S REQUEST FOR PRODUCTION
OF ADDITIONAL PUBLIC RECORDS PERTAINING TO
DEFENDANT’S CASE AND MOTION FOR HEARING
The undersigned person or agency, having received on
.....(date)..... defendant’s demand for production of additional public
records pertaining to defendant’s case, hereby files this objection
and respectfully moves the court to hold a hearing to determine if
the requirements of Florida Rule of Criminal Procedure 3.852[(g)(3)]
have been met. The grounds for this objection are:
[specify grounds and identify records]
Respectfully submitted,
[name of attorney]
Attorney for
[name of person or agency]
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of attorney for defendant)….., and …..(name of attorney general)…..,
on .....(date)......
[name, address, and e-mail
address of
attorney]
(m) Notice of Delivery of Exempt Public Records to
Records Repository.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE OF DELIVERY OF EXEMPT PUBLIC
RECORDS TO RECORDS REPOSITORY
TO: Records Repository
[address of records repository]
The undersigned, …..(name of person or agency)….., hereby
gives notice to the records repository of the Secretary of State that
certain delivered records are confidential or exempt from the
requirements of section 119.07(1), Florida Statutes. These public
records have been separately contained without being redacted,
sealed, and the nature of the public records and the legal basis
under which the public records are exempt has been identified.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of records repository)….., …..(name of attorney general)…..,
…..(name of state attorney)….., and …..(name of collateral
counsel)….., on .....(date)......
[name, address, and e–mail
address of
person or agency]
(n) Order to Deliver Exempt Public Records to the Clerk
of Circuit Court.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
ORDER TO DELIVER EXEMPT
PUBLIC RECORDS
TO: Records Repository
[address of records repository]
This court having received notice on .....(date)....., that certain
records for which a claim of confidentiality or exemption from
disclosure has been made have been copied, indexed, separately
contained without being redacted, sealed, identified as to their
nature and the legal basis for their confidentiality or exemption,
and delivered to the records repository of the Secretary of State, it is
ordered that said records be delivered to …..(name of clerk of circuit
court)….. for further proceedings consistent with Florida Rule of
Criminal Procedure 3.852(f). …..(name of moving party)….. shall
bear all costs associated with the transportation and inspection of
these records by the trial court.
DONE AND ORDERED in County, Florida, on
.....(date)......
Judge
Judge’s address and e-mail
address
(o) Notice of Delivery of Exempt Public Records to the
Clerk of Circuit Court.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE OF DELIVERY OF EXEMPT
PUBLIC RECORDS TO CLERK
OF CIRCUIT COURT
TO:
[name, address, and e-mail address of clerk of circuit court]
The Secretary of State, by and through the undersigned,
having received an appropriate court order under Florida Rule of
Criminal Procedure 3.852, hereby gives notice that the sealed
container(s) of exempt public records has/have been shipped to the
above-listed clerk of circuit court. Under the provisions of rule
3.852(f)(2), these public records may be opened only for an
inspection by the trial court in camera.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of clerk of circuit court)….., …..(name of attorney general)….., and
…..(name of collateral counsel)….., on .....(date)......
[name of secretary of state]
By:
[name of representative of
secretary
of state]
Address and e-mail address
RECORDS PRODUCTION
(a) Notice to State Attorney of Affirmance of Death
Penalty.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE TO STATE ATTORNEY OF
AFFIRMANCE OF DEATH PENALTY
TO:
[name of state attorney and circuit]
The Attorney General of the State of Florida, under Florida
Rule of Criminal Procedure 3.852(d)(1), gives notice that on
....(date)...., the Florida Supreme Court issued its mandate affirming
the death sentence in this case.
Within 15 days after receipt of this notice, you should provide
written notice to each law enforcement agency involved in this case.
Within 90 days after receipt of this notice, you and each law
enforcement agency involved in this case, should copy, index, and
deliver to the records repository of the Secretary of State all public
records that were produced in the investigation or prosecution of
this case, except those previously filed in the trial court.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on .....(name of trial court)....., .....(name
of state attorney)....., and .....(name of trial counsel for
defendant)..... on .....(date)......
[name, address, and e-mail
address of
attorney general]
(b) Notice to Secretary of Department of Corrections of
Affirmance of Death Penalty.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE TO SECRETARY OF DEPARTMENT OF CORRECTIONS
OF AFFIRMANCE OF DEATH PENALTY
TO:
[name of Secretary of Department of Corrections]
The Attorney General of the State of Florida, under Florida
Rule of Criminal Procedure 3.852(d)(1), gives notice that on
.....(date)....., the Florida Supreme Court issued its mandate
affirming the death sentence in this case.
Within 90 days after receipt of this notice, you should copy,
index, and deliver to the records repository of the Secretary of State
all public records determined by your department to be relevant to
the subject matter of a proceeding under Florida Rule of Criminal
Procedure 3.850 or 3.851 unless the production of these records
would be unduly burdensome.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of Secretary of Department of Corrections)….., and …..(name of trial
counsel for defendant)….. on .....(date)......
[name, address, and e-mail
address of attorney general]
(c) Notice by State Attorney to Law Enforcement Agency.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE OF AFFIRMANCE OF DEATH PENALTY
AND TO PRODUCE PUBLIC RECORDS
TO:
[name of chief law enforcement officer]
The State Attorney of the Judicial Circuit of the State of
Florida, under Florida Rule of Criminal Procedure 3.852(e)(1),
hereby gives notice to …..(name of chief law enforcement officer and
agency)….., that was involved in this case by investigation, arrest,
prosecution or incarceration, that on .....(date)....., the Florida
Supreme Court issued its mandate affirming the death sentence in
this case.
Within 90 days after receipt of this notice, you and each law
enforcement agency involved in this case should copy, index, and
deliver to the records repository of the Secretary of State all public
records that were produced in the investigation, arrest, prosecution,
or incarceration of this case, except those filed in the trial court.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)……, …..(name
of chief law enforcement officer)….., …..(name of attorney
general)….., and …..(name of collateral counsel)….., on .....(date)......
[name, address, and e-mail
address of state attorney]
(d) Notice of Compliance by State Attorney.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE OF COMPLIANCE BY STATE ATTORNEY
TO:
[name, address, and e-mail address of attorney general]
The State Attorney for the _____________ Judicial Circuit gives
notice to the Attorney General of compliance by delivery of public
records involving this case to the records repository of the Secretary
of State. To the best of my knowledge and belief, all public records
in my possession that were produced in the investigation or
prosecution of the case, except those previously filed in the trial
court, have been copied, indexed, and delivered to the records
repository of the Secretary of State as required by Florida Rule of
Criminal Procedure 3.852(e)(2).
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of attorney general)….., and …..(name of collateral counsel)….. on
.....(date)......
[name, address, and e-mail
address of attorney general]
(e) Notice of Compliance by the Secretary of the
Department of Corrections.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE OF COMPLIANCE BY THE SECRETARY
OF THE DEPARTMENT OF CORRECTIONS
TO:
[name, address, and e-mail address of attorney general]
The Secretary of the Department of Corrections, having
received notice of the affirmance of the death penalty in this case
from the Attorney General on .....(date)....., hereby gives notice and
certifies that, to the best of my knowledge and belief, all public
records determined by the Department to be relevant to the subject
matter of a proceeding under Florida Rule of Criminal Procedure
3.850 or 3.851, except those previously filed in the trial court, have
been copied, indexed, and delivered to the records repository of the
Secretary of State.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of attorney general)….., …..(name of state attorney)….., and
…..(name of collateral counsel)….., on .....(date)......
[name, address, and e-mail
address of
Secretary of Department of
Corrections]
(f) Notice of Compliance by Law Enforcement Agency.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE OF COMPLIANCE BY LAW ENFORCEMENT AGENCY
TO:
[name, address, and e-mail address of attorney general]
…..(name of chief law enforcement officer and agency)….. that
was involved in this case by an investigation, arrest, prosecution, or
incarceration, hereby gives notice to the Attorney General of
compliance by delivery of public records involving this case to the
records repository of the Secretary of State. I further certify that, to
the best of my knowledge and belief, all public records in
possession of this agency or in the possession of any employee of
this agency that were produced in the investigation or prosecution
of the case, except those previously filed in the trial court, have
been copied, indexed, and delivered to the records repository of the
Secretary of State.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of attorney general)….., …..(name of state attorney)….., and
…..(name of collateral counsel)….., on .....(date)......
[name, address, and e-mail
address of
chief law enforcement officer]
(g) Notice to Attorney General of Pertinent Information.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
STATE ATTORNEY’S NOTICE TO ATTORNEY GENERAL
OF PERTINENT INFORMATION
TO:
[name, address, and e-mail address of attorney general]
The undersigned …..(name of state attorney)….. hereby gives
notice to the Attorney General of the following name(s) and
address(es) of any person or agency having information pertinent to
this case in addition to those persons and agencies who previously
furnished public records to the records repository of the Secretary
of State:
[list names and addresses of persons or agencies]
Please provide prompt written notification to each identified
person or agency of the duty to deliver to the records repository of
the Secretary of State all public records pertaining to this case,
except those previously filed in the trial court.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of attorney general)….., and …..(name of public defender or defense
counsel)…., on .....(date)......
[name, address, and e-mail
address of
attorney general]
(h) Notice to Attorney General of Pertinent Information.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
TRIAL COUNSEL’S NOTICE TO ATTORNEY
GENERAL OF PERTINENT INFORMATION
TO:
[name, address, and e-mail address of attorney general]
The undersigned …..(name of public defender or other
counsel)….., for …..(name of defendant)….. hereby gives notice to
the Attorney General of the following name(s) and address(es) of
persons or agencies that may have information pertinent to this
case, in addition to those previously furnished to collateral counsel.
[list names and addresses of persons or agencies]
Please provide prompt written notification to each identified
person or agency of the duty to deliver to the records repository of
the Secretary of State all public records pertaining to this case,
except those previously filed in the trial court.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of attorney general)….., and …..(name of state attorney)….., on
.....(date)......
[name, address, and e-mail
address of
trial counsel]
(i) Notice by Attorney General to Person or Agency
Having Pertinent Information.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE BY ATTORNEY GENERAL TO PERSON
OR AGENCY HAVING PERTINENT INFORMATION
TO:
[name, address, and e-mail address of person or agency]
Pursuant to Florida Rule of Criminal Procedure 3.852(d)(2),
the undersigned has been notified by …..(name of trial counsel or
state attorney)….., that you have public records pertinent to this
case.
Under the provisions of rule 3.852(e)(5), you must:
1. Within 90 days of receipt of this notice, copy, index, and
deliver to the records repository of the Secretary of State all public
records in your possession pertinent to this case, except those
previously filed in the trial court; and
2. Provide written notice to me that you have complied with
these provisions.
I HEREBY CERTIFY that a true and correct copy of the
pleading has been served on …..(name of person or agency)…... and
…...(name of trial court)….., on .....(date)......
[name, address, and e-mail
address of
attorney general]
(j) Notice of Compliance by Person or Agency.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE OF COMPLIANCE BY PERSON OR AGENCY
TO:
[name, address, and e-mail address of attorney general]
The undersigned having received notice under Florida Rule of
Criminal Procedure 3.852(e)(5) from the Attorney General on
.....(date)....., to copy, index, and deliver all public records in my
possession or in the possession of the undersigned agency to the
records repository of the Secretary of State, hereby gives notice to
the Attorney General and further certifies that, to the best of my
knowledge and belief, all of these public records in my possession
or in the possession of the undersigned agency pertaining to this
case, except those previously filed in the trial court, have been
copied, indexed, and delivered to the records repository of the
Secretary of State.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of attorney general)….., …..(name of state attorney)….., and
…..(name of collateral counsel)….., on .....(date)......
[name, address, and e-mail
address of
person or agency]
(k) Defendant’s Demand for Production of Additional
Public Records Pertaining to Defendant’s Case.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
DEFENDANT’S DEMAND FOR ADDITIONAL PUBLIC
RECORDS PERTAINING TO DEFENDANT’S CASE
TO:
[name, address, and e-mail address of person or agency]
The defendant, by and through undersigned counsel, hereby
makes demand of …..(name of person or agency submitting public
records)….., under Florida Rule of Criminal Procedure 3.852(i), for
additional public records pertinent to this case.
1. Undersigned counsel represents that, after a timely and
diligent search, the records specifically described below:
(a) are relevant to a pending proceeding under rule
3.850; or
(b) appear reasonably calculated to lead to the
discovery of admissible evidence; and
(c) have not been obtained previously in discovery or
from a prior public records request from either the above-named
person or agency or any other; and
(d) presently are not available from the public records
repository.
2. The public records requested are as follows:
[list public records requested]
3. Under rule 3.852, any objection to production, including
any claim of exemption, must be filed with the trial court and
served on all counsel of record within 60 days of receipt of this
demand, or that objection will be considered waived.
4. Under rule 3.852, you shall, within 90 days after receipt
of this demand:
(a) copy, index, and deliver to the records repository of
the Secretary of State any additional public records in the
possession of your agency that pertain to this case; and
(b) certify that, to the best of your knowledge and
belief, all additional public records have been delivered to the
records repository of the Secretary of State; and
(c) recertify that the public records previously delivered
are complete if no additional public records are found.
[name of attorney for
defendant]
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of person or agency)….., …..(name of attorney general)….., and
…..(name of state attorney)….., on .....(date)......
[name, address, and e-mail
address of
attorney for defendant]
(l) Objection to Defendant’s Request for Production of
Additional Public Records Pertaining to Defendant’s Case and
Motion for Hearing.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
OBJECTION TO DEFENDANT’S REQUEST FOR PRODUCTION
OF ADDITIONAL PUBLIC RECORDS PERTAINING TO
DEFENDANT’S CASE AND MOTION FOR HEARING
The undersigned person or agency, having received on
.....(date)..... defendant’s demand for production of additional public
records pertaining to defendant’s case, hereby files this objection
and respectfully moves the court to hold a hearing to determine if
the requirements of Florida Rule of Criminal Procedure 3.852[(g)(3)]
have been met. The grounds for this objection are:
[specify grounds and identify records]
Respectfully submitted,
[name of attorney]
Attorney for
[name of person or agency]
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of attorney for defendant)….., and …..(name of attorney general)…..,
on .....(date)......
[name, address, and e-mail
address of
attorney]
(m) Notice of Delivery of Exempt Public Records to
Records Repository.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE OF DELIVERY OF EXEMPT PUBLIC
RECORDS TO RECORDS REPOSITORY
TO: Records Repository
[address of records repository]
The undersigned, …..(name of person or agency)….., hereby
gives notice to the records repository of the Secretary of State that
certain delivered records are confidential or exempt from the
requirements of section 119.07(1), Florida Statutes. These public
records have been separately contained without being redacted,
sealed, and the nature of the public records and the legal basis
under which the public records are exempt has been identified.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of records repository)….., …..(name of attorney general)…..,
…..(name of state attorney)….., and …..(name of collateral
counsel)….., on .....(date)......
[name, address, and e–mail
address of
person or agency]
(n) Order to Deliver Exempt Public Records to the Clerk
of Circuit Court.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
ORDER TO DELIVER EXEMPT
PUBLIC RECORDS
TO: Records Repository
[address of records repository]
This court having received notice on .....(date)....., that certain
records for which a claim of confidentiality or exemption from
disclosure has been made have been copied, indexed, separately
contained without being redacted, sealed, identified as to their
nature and the legal basis for their confidentiality or exemption,
and delivered to the records repository of the Secretary of State, it is
ordered that said records be delivered to …..(name of clerk of circuit
court)….. for further proceedings consistent with Florida Rule of
Criminal Procedure 3.852(f). …..(name of moving party)….. shall
bear all costs associated with the transportation and inspection of
these records by the trial court.
DONE AND ORDERED in County, Florida, on
.....(date)......
Judge
Judge’s address and e-mail
address
(o) Notice of Delivery of Exempt Public Records to the
Clerk of Circuit Court.
In the Circuit Court of the
Judicial Circuit, in and for
County, Florida
Case No.
Division
State of Florida,
Plaintiff,
v.
,
Defendant.
NOTICE OF DELIVERY OF EXEMPT
PUBLIC RECORDS TO CLERK
OF CIRCUIT COURT
TO:
[name, address, and e-mail address of clerk of circuit court]
The Secretary of State, by and through the undersigned,
having received an appropriate court order under Florida Rule of
Criminal Procedure 3.852, hereby gives notice that the sealed
container(s) of exempt public records has/have been shipped to the
above-listed clerk of circuit court. Under the provisions of rule
3.852(f)(2), these public records may be opened only for an
inspection by the trial court in camera.
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served on …..(name of trial court)….., …..(name
of clerk of circuit court)….., …..(name of attorney general)….., and
…..(name of collateral counsel)….., on .....(date)......
[name of secretary of state]
By:
[name of representative of
secretary
of state]
Address and e-mail address