IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.220. (2018)

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.

PER CURIAM.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.