Fla. R. Crim. P. 3.993

(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