In re Amendments to Florida Rule of Criminal Procedure 3.220

Summary

The Supreme Court of Florida amended Florida Rule of Criminal Procedure 3.220 to require disclosure of informant witnesses and specified information obtained from them. The amendments address informant testimony, including the substance of alleged defendant statements, criminal history, circumstances of the statements, benefits offered or expected, and prior cooperation. The amendments became effective July 1, 2014.

Holdings

1. Florida Rule of Criminal Procedure 3.220 should be amended to require the prosecution to identify informant witnesses, whether in custody or not, who offer testimony concerning statements of the defendant about the issues for which the defendant is being tried.
2. The State must disclose whether it has material or information provided by an informant witness, including the substance of the defendant's allegedly made statement, a summary of the informant's criminal history, the time and place of the alleged statement, whether the informant has received or expects anything in exchange for testimony, and the informant's known prior history of cooperation in return for a benefit.
3. For purposes of Rule 3.220(b)(1)(M)(iv), the term "anything" includes, but is not limited to, any deal, promise, inducement, pay, leniency, immunity, personal advantage, vindication, or other benefit knowingly made or potentially to be made by the prosecution or a person acting on its behalf.

Questions Presented

1. Whether Florida Rule of Criminal Procedure 3.220 should be amended to require the prosecution to disclose informant witnesses who may testify about statements by the defendant.
2. Whether the rule should require disclosure of specified material and information concerning informant witnesses, including alleged defendant statements, informant criminal history, the circumstances of the alleged statements, benefits offered or expected, and prior cooperation.

Disposition

approved