VI. DISCOVERY
RULE 3.220. DISCOVERY
(a) Notice of Discovery. After the filing of the charging document, a defendant may elect to participate in the discovery process provided by these rules, including the taking of discovery depositions, by filing with the court and serving on the prosecuting attorney a 'Notice of Discovery' which shall bind both the prosecution and defendant to all discovery procedures contained in these rules. Participation by a defendant in the discovery process, including the taking of any deposition by a defendant or the filing of a public records re-quest under chapter 119, Florida Statutes, for law enforcement records relating to the defendant's pending prosecution, which are nonexempt as a result of a codefendant's participation in discovery, shall be an elec-tion to participate in discovery and triggers a reciprocal discovery obligation for the defendant. If any defendant knowingly or purposely shares in discovery obtained by a codefendant, the defendant shall be deemed to have elected to participate in discovery. (b) Prosecutor's Discovery Obligation. (1) Within 15 days after service of the Notice of Discovery, the prosecutor shall serve a written Discovery Exhibit which shall disclose to the defendant and permit the defendant to inspect, copy, test, and photograph the following information and material within the state's possession or control: (A) a list of the names and addresses of all persons known to the prosecutor to have information that may be relevant to any offense charged or any defense thereto, or to any similar fact evidence to be presented at trial under section 90.404(2), Florida Statutes. The names and addresses of persons listed shall be clearly designated in the following categories: (i) Category A. These witnesses shall include (1) eye witnesses, (2) alibi witnesses and rebuttal to alibi witnesses, (3) witnesses who were present when a recorded or unrecorded statement was taken from or made by a defendant or codefendant, which shall be separately identified within this category, (4) investigating officers, (5) witnesses known by the prosecutor to have any material information that tends to negate the guilt of the defendant as to any offense charged, (6) child hearsay witnesses, and (7) expert witnesses who have not provided a written report and a curriculum vitae or who are going to testify. (ii) Category B. All witnesses not listed in either Category A or Category C. (iii) Category C. All witnesses who performed only ministerial functions or whom the prosecutor does not intend to call at trial and whose involvement with and knowledge of the case is fully set out in a police re-port or other statement furnished to the defense;
(B) the statement of any person whose name is furnished in compliance with the preceding subdivision. The term 'statement' as used herein includes a written statement made by the person and signed or otherwise adopted or approved by the person and also includes any statement of any kind or manner made by the person and written or recorded or summarized in any writing or recording. The term 'statement' is specifically in-
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tended to include all police and investigative reports of any kind prepared for or in connection with the case, but shall not include the notes from which those reports are compiled; (C) any written or recorded statements and the substance of any oral statements made by the defendant, including a copy of any statements contained in police reports or report summaries, together with the name and address of each witness to the statements; (D) any written or recorded statements and the substance of any oral statements made by a codefendant; (E) those portions of recorded grand jury minutes that contain testimony of the defendant; (F) any tangible papers or objects that were obtained from or belonged to the defendant; (G) whether the state has any material or information that has been provided by a confidential informant; (H) whether there has been any electronic surveillance, including wiretapping, of the premises of the de-fendant or of conversations to which the defendant was a party and any documents relating thereto; (I) whether there has been any search or seizure and any documents relating thereto; (J) reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons; and (K) any tangible papers or objects that the prosecuting attorney intends to use in the hearing or trial and that were not obtained from or that did not belong to the defendant. (L) any tangible paper, objects or substances in the possession of law enforcement that could be tested for DNA. (2) If the court determines, in camera, that any police or investigative report contains irrelevant, sensitive information or information interrelated with other crimes or criminal activities and the disclosure of the contents of the police report may seriously impair law enforcement or jeopardize the investigation of those other crimes or activities, the court may prohibit or partially restrict the disclosure. (3) The court may prohibit the state from introducing into evidence any of the foregoing material not dis-closed, so as to secure and maintain fairness in the just determination of the cause. (4) As soon as practicable after the filing of the charging document the prosecutor shall disclose to the de-fendant any material information within the state's possession or control that tends to negate the guilt of the defendant as to any offense charged, regardless of whether the defendant has incurred reciprocal discovery obligations.
(c) Disclosure to Prosecution.
(1) After the filing of the charging document and subject to constitutional limitations, the court may require a defendant to: (A) appear in a lineup; (B) speak for identification by witnesses to an offense; (C) be fingerprinted; (D) pose for photographs not involving re-enactment of a scene; (E) try on articles of clothing; (F) permit the taking of specimens of material under the defendant's fingernails; (G) permit the taking of samples of the defendant's blood, hair, and other materials of the defendant's body that involves no unreasonable intrusion thereof; (H) provide specimens of the defendant's handwriting; and (I) submit to a reasonable physical or medical inspection of the defendant's body. (2) If the personal appearance of a defendant is required for the foregoing purposes, reasonable notice of the time and location of the appearance shall be given by the prosecuting attorney to the defendant and his or her counsel. Provisions may be made for appearances for such purposes in an order admitting a defendant to bail or providing for pretrial release.
(d) Defendant's Obligation. (1) If a defendant elects to participate in discovery, either through filing the appropriate notice or by partic-ipating in any discovery process, including the taking of a discovery deposition, the following disclosures shall be made: (A) Within 15 days after receipt by the defendant of the Discovery Exhibit furnished by the prosecutor pursuant to subdivision (b)(1)(A) of this rule, the defendant shall furnish to the prosecutor a written list of the names and addresses of all witnesses whom the defendant expects to call as witnesses at the trial or hearing. When the prosecutor subpoenas a witness whose name has been furnished by the defendant, except for trial subpoenas, the rules applicable to the taking of depositions shall apply. (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 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) The prosecutor and the defendant shall perform their obligations under this rule in a manner mutually agreeable or as ordered by the court. (3) The filing of a motion for protective order by the prosecutor will automatically stay the times provided for in this subdivision. If a protective order is granted, the defendant may, within 2 days thereafter, or at any time before the prosecutor furnishes the information or material that is the subject of the motion for protective order, withdraw the defendant's notice of discovery and not be required to furnish reciprocal discovery. (e) Restricting Disclosure. The court on its own initiative or on motion of counsel shall deny or partially re-strict disclosures authorized by this rule if it finds there is a substantial risk to any person of physical harm, in-timidation, bribery, economic reprisals, or unnecessary annoyance or embarrassment resulting from the disclo-sure, that outweighs any usefulness of the disclosure to either party. (f) Additional Discovery. On a showing of materiality, the court may require such other discovery to the parties as justice may require.
(g) Matters Not Subject to Disclosure. (1) Work Product. Disclosure shall not be required of legal research or of records, correspondence, re-ports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the prosecuting or defense attorney or members of their legal staffs. (2) Informants. Disclosure of a confidential informant shall not be required unless the confidential infor-mant is to be produced at a hearing or trial or a failure to disclose the informant's identity will infringe the constitutional rights of the defendant.
