Fla. R. Juv. P. 8.060

(a) Notice of Discovery.

(1) After the filing of the petition, a child may elect to

utilize the discovery process provided by these rules, including the

taking of discovery depositions, by filing with the court and serving

on the petitioner a “notice of discovery” which binds both the

petitioner and the child to all discovery procedures contained in

these rules. Participation by a child in the discovery process,

including the taking of any deposition by a child, is an election to

participate in discovery. If any child knowingly or purposely shares

in discovery obtained by a codefendant, the child is deemed to have

elected to participate in discovery.

(2) Within 5 days of service of the child’s notice of

discovery, the petitioner must serve a written discovery exhibit

which must disclose to the child or the child’s counsel and permit

the child or the child’s counsel to inspect, copy, test, and

photograph the following information and material within the

petitioner’s possession or control:

(A) A list of the names and addresses of all

persons known to the petitioner to have information that may be

relevant to the allegations, to any defense with respect thereto, or to

any similar fact evidence to be presented at trial under section

90.402(2), Florida Statutes. The names and addresses of persons

listed must be clearly designated in the following categories:

(i) Category A. These witnesses include:

a. eye witnesses;

b. alibi witnesses and rebuttal to alibi

witnesses;

c. witnesses who were present when a

recorded or unrecorded statement was taken from or made by the

child or codefendant, which must be separately identified within

this category;

d. investigating officers;

e. witnesses known by the petitioner to

have any material information that tends to negate the guilt of the

child as to the petition’s allegations;

f. child hearsay witnesses;

g. expert witnesses who have not

provided a written report and a curriculum vitae or who are going to

testify; and

h. informant witnesses who will offer

testimony concerning the statements of a child charged with a

delinquent act about the issues for which the child is being tried.

(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 petitioner does not intend to

call at the hearing and whose involvement with and knowledge of

the case is fully set out in a police report or other statement

furnished to the defense.

(B) The statement of any person whose name is

furnished in compliance with the preceding paragraph. The term

“statement” as used herein means a written statement made by said

person and signed or otherwise adopted by him or her and also

includes any statement of any kind or manner made by such

person and written or recorded or summarized in any writing or

recording. The term “statement” is specifically intended to include

all police and investigative reports of any kind prepared for or in

connection with the case, but does not include the notes from

which such reports are compiled.

(C) Any written or recorded statements and the

substance of any oral statements made by the child and known to

the petitioner, including a copy of any statements contained in

police reports or 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 if the

hearing is to be a joint one.

(E) Those portions of recorded grand jury minutes

that contain testimony of the child.

(F) Any tangible papers or objects that were

obtained from or belonged to the child.

(G) Whether the petitioner 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 child, or

of conversations to which the child was a party, and any documents

relating thereto.

(I) Whether there has been any search or seizure

and any document 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.

(K) Any tangible papers or objects that the

petitioner intends to use in the hearing and that were not obtained

from or belonged to the child.

(L) Whether the state has any material or

information that has been provided by an informant witness,

including:

(i) the substance of any statement allegedly

made by the child about which the informant may testify;

(ii) a summary of the criminal record of the

informant witness;

(iii) a summary of the delinquency record of

the informant witness, if court ordered;

(iv) the time and place under which the

child’s alleged statement was made;

(v) whether the informant witness has

received, or expects to receive, anything in exchange for his or her

testimony; and

(vi) the informant witness’s prior history of

cooperation, in return for any benefit, as known to the state.

(3) As soon as practicable after the filing of the petition,

the petitioner must disclose to the child any material information

within the state’s possession or control which tends to negate the

guilt of the child as to the petition’s allegations.

(4) The petitioner must perform the foregoing

obligations in any manner mutually agreeable to the petitioner and

the child or as ordered by the court.

(5) On a showing of materiality to the preparation of

the defense, the court may require such other discovery to the child

as justice may require.

(b) Required Disclosure to Petitioner.

(1) If a child elects to participate in discovery, within 5

days after receipt by the child of the discovery exhibit furnished by

the petitioner under this rule, the following disclosures must be

made:

(A) The child must furnish to the petitioner a

written list of names and addresses of all persons whom the child

expects to call as witnesses at the hearing. When the petitioner

subpoenas a witness whose name has been furnished by the child,

except for hearing subpoenas, reasonable notice must be given to

the child as to the time and location of examination pursuant to the

subpoena. At such examination, the child through counsel has the

right to be present and to examine the witness. The physical

presence of the child is governed by rule 8.060(d)(6).

(B) The child must serve a written discovery

exhibit which must disclose to the petitioner and permit the

petitioner to inspect, copy, test, and photograph the following

information and material which is in the child’s possession or

control:

(i) The statement of any person whom the

child expects to call as a trial witness other than that of the child.

(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.

(iii) Any tangible papers or objects which the

child intends to use in the hearing.

(2) The child must perform the foregoing obligations in

any manner mutually agreeable to the child and the petitioner or as

ordered by the court.

(3) The filing of a motion for protective order by the

petitioner will automatically stay the times provided for in this

subdivision. If a protective order is granted, the child may, within 2

days thereafter, or at any time before the petitioner furnishes the

information or material which is the subject of the motion for

protective order, withdraw the demand and not be required to

furnish reciprocal discovery.

(c) Limitations on Disclosure.

(1) On application, the court may deny or partially

restrict disclosure authorized by this rule if it finds there is a

substantial risk to any person of physical harm, intimidation,

bribery, economic reprisals, or unnecessary annoyance or

embarrassment resulting from such disclosure, which outweighs

any usefulness of the disclosure to the party requesting it.

(2) The following matters are not subject to disclosure:

(A) Disclosure is not required of legal research or

of records, correspondence, or memoranda, to the extent that they

contain the opinion, theories, or conclusions of the prosecuting or

defense attorney or members of their legal staff.

(B) Disclosure of a confidential informant is not

required unless the confidential informant is to be produced at a

hearing or a failure to disclose the informant’s identity will infringe

upon the constitutional rights of the child.

(d) Depositions.

(1) Time and Location.

(A) At any time after the filing of the petition

alleging a child to be delinquent, any party may take the deposition

upon oral examination of any person authorized by this rule.

(B) Unless the deposition will be taken by

communication technology, depositions of witnesses residing:

(i) in the county in which the adjudicatory

hearing is to take place must be taken in the building in which the

adjudicatory hearing will be held, another location agreed on by the

parties, or a location designated by the court; or

(ii) outside the county in which the

adjudicatory hearing is to take place must take place in a court

reporter’s office in the county and state in which the witness

resides, another location agreed to by the parties, or a location

designated by the court.

(2) Procedure.

(A) The party taking the deposition must give

reasonable written notice to each other party and make a good faith

effort to coordinate the date, time, and location of the deposition to

accommodate the schedules of other parties and the witness to be

deposed. The notice must state the time and the location of the

deposition and the name of each person to be examined, and

include a certificate of counsel that a good faith effort was made to

coordinate the deposition schedule.

(B) On application, the court or the clerk of the

court may issue subpoenas for the persons whose depositions are

to be taken.

(C) To protect deponents and the rights of the

parties and to ensure compliance with statutes, the court may enter

orders, including but not limited to the orders allowed by rule

8.060(c), (i), (j), and (k), on motion of a party, the deponent, or on its

own motion, for good cause shown.

(D) In any case, no person may be deposed more

than once except by consent of the parties or by order of the court

issued on good cause shown.

(E) Unless a provision of this rule conflicts with

the Florida Rules of Civil Procedure, the procedure for taking the

deposition, including the scope of the examination, and the

issuance of a subpoena (except for a subpoena duces tecum) for

deposition by an attorney of record in the action must be the same

as that provided in the Florida Rules of Civil Procedure.

(F) The child, without leave of court, may take the

deposition of any witness listed by the petitioner as a Category A

witness or listed by a codefendant as a witness to be called at a

joint hearing. After receipt by the child of the discovery exhibit, the

child, without leave of court, may take the deposition of any

unlisted witness who may have information relevant to the

petition’s allegations. The petitioner, without leave of court, may

take the deposition of any witness listed by the child to be called at

a hearing.

(G) No party may take the deposition of a witness

listed by the petitioner as a Category B witness except upon leave of

court with good cause shown. In determining whether to allow a

deposition, the court should consider the consequences to the child,

the complexities of the issues involved, the complexity of the

testimony of the witness (e.g., experts), and the other opportunities

available to the child to discover the information sought by

deposition.

(H) A witness listed by the petitioner as a Category

C witness is not subject to deposition unless the court determines

that the witness should be listed in another category.

(I) No deposition may be taken in a case in which

a petition has been filed alleging that the child committed only a

misdemeanor or a criminal traffic offense when all other discovery

provided by this rule has been complied with unless good cause can

be shown to the trial court. In determining whether to allow a

deposition, the court should consider the consequences to the child,

the complexity of the issues involved, the complexity of the

witness’s testimony (e.g., experts), and the other opportunities

available to the child to discover the information sought by

deposition. However, this prohibition against the taking of

depositions does not apply if following the furnishing of discovery by

the child the petitioner then takes the statement of a listed defense

witness pursuant to section 27.04, Florida Statutes.

(3) Use of Deposition. Any deposition taken under this

rule may be used at any hearing covered by these rules by any

party for the purpose of impeaching the testimony of the deponent

as a witness.

(4) Introduction of Part of Deposition. If only part of a

deposition is offered in evidence by a party, an adverse party may

require the introduction of any other part that in fairness ought to

be considered with the part introduced, and any party may

introduce any other parts.

(5) Sanctions. A witness who refuses to obey a duly

served subpoena for the taking of a deposition may be adjudged in

contempt of the court from which the subpoena issued.

(6) Physical Presence of Child. The child must not be

physically present at a deposition except on stipulation of the

parties or as provided by this rule.

The court may order the physical presence of the child on a

showing of good cause. In ruling, the court may consider:

(A) the need for the physical presence of the child

to obtain effective discovery;

(B) the intimidating effect of the child’s presence

on the witness, if any;

(C) any cost or inconvenience that may result; and

(D) any alternative electronic or audio-visual

means available to protect the child’s ability to participate in

discovery without the child’s physical presence.

(7) Depositions of Law Enforcement Officers. Subject to

the general provisions of this rule, law enforcement officers must

appear for deposition, without subpoena, on written notice of taking

deposition delivered at the address designated by the law

enforcement agency or department or, if no address has been

designated, to the address of the law enforcement agency or

department, 5 days before the date of the deposition. Law

enforcement officers who fail to appear for deposition after being

served notice are subject to contempt proceedings.

(8) Telephonic Statements. On stipulation of the parties

and the consent of the witness, the statement of any witness may

be taken by telephone in lieu of the deposition of the witness. In

such case, the witness need not be under oath. The statement,

however, must be recorded and may be used for impeachment at

trial and as a prior inconsistent statement under the Florida

Evidence Code.

(9) Videotaped Depositions of Sensitive Witnesses.

(A) Depositions of children under the age of 18

must be videotaped upon demand of any party unless otherwise

ordered by the court.

(B) The court may order videotaping of a

deposition of a witness with fragile emotional strength or an

intellectual disability as defined in section 393.063, Florida

Statutes.

(C) The court may order the taking of a deposition

of a witness with fragile emotional strength or an intellectual

disability as defined in section 393.063, Florida Statutes, to be in

the presence of the trial judge or a special magistrate.

(e) Nontestimonial Discovery. After the filing of the

petition, upon application, and subject to constitutional limitations,

the court may with directions as to time, place, and method, and

upon conditions that are just, require:

(1) the child in all proceedings to:

(A) appear in a lineup;

(B) speak for identification by a witness to an

offense;

(C) be fingerprinted;

(D) pose for photographs not involving

reenactment of a scene;

(E) try on articles of clothing;

(F) permit the taking of specimens of material

under the fingernails;

(G) permit the taking of samples of blood, hair,

and other materials of the body which involve no unreasonable

intrusion thereof;

(H) provide specimens of handwriting; or

(I) submit to a reasonable physical or medical

inspection of his or her body; and

(2) such other discovery as justice may require upon a

showing that such would be relevant or material.

(f) Court May Alter Times. The court may alter the times

for compliance with any discovery under these rules on good cause

shown.

(g) Supplemental Discovery. If, subsequent to compliance

with these rules, a party discovers additional witnesses, evidence,

or material that the party would have been under a duty to disclose

or produce at the time of such previous compliance, the party shall

promptly disclose or produce such witnesses, evidence, or material

in the same manner as required under these rules for initial

discovery.

(h) Investigations Not to Be Impeded. Except as otherwise

provided for matters not subject to disclosure or restricted by

protective orders, neither the counsel for the parties nor other

prosecution or defense personnel may advise persons having

relevant material or information, except for the child, to refrain from

discussing the case with opposing counsel or showing opposing

counsel any relevant material, nor may they otherwise impede

opposing counsel’s investigation of the case.

(i) Protective Orders. On a showing of good cause, the

court may at any time order that specified disclosures be restricted,

deferred, or exempted from discovery, that certain matters are not

to be inquired into or that the scope of the deposition be limited to

certain matters, that a deposition be sealed and after being sealed

be opened only by order of the court, or make such other order as is

appropriate to protect a witness from harassment, unnecessary

inconvenience, or invasion of privacy, including prohibiting the

taking of a deposition. All material and information to which a party

is entitled, however, must be disclosed in time to permit such party

to make beneficial use of it.

(j) Motion to Terminate or Limit Examination. At any

time during the taking of a deposition, on motion of a party or of the

deponent, and on a showing that the examination is being

conducted in bad faith or in such manner as to unreasonably

annoy, embarrass, or oppress the deponent or party, the court in

which the action is pending or the circuit court where the

deposition is being taken may:

(1) terminate the deposition;

(2) limit the scope and manner of the taking of the

deposition;

(3) limit the time of the deposition;

(4) continue the deposition to a later time;

(5) order the deposition to be taken in open court and, in

addition;

(6) may impose any sanction authorized by this rule.

If the order terminates the deposition, it may be resumed only

on the order of the court in which the action is pending. On

demand of any party or deponent, the taking of the deposition must

be suspended for the time necessary to make a motion for an order.

(k) In Camera and Ex Parte Proceedings.

(1) Any person may move for an order denying or

regulating disclosure of sensitive matters. The court may consider

the matters contained in the motion in camera.

(2) On request, the court must allow the child to make

an ex parte showing of good cause for taking the deposition of a

Category B witness.

(3) A record must be made of proceedings authorized

under this subdivision. If the court enters an order granting relief

after an in camera inspection or ex parte showing, the entire record

of the proceeding must be sealed and preserved in the records of

the court, to be made available to the appellate court in the event of

an appeal.

(l) Sanctions.

(1) If at any time during the course of the proceedings

it is brought to the attention of the court that a party has failed to

comply with an applicable discovery rule or with an order issued

pursuant to an applicable discovery rule, the court may:

(A) order such party to comply with the discovery

or inspection of materials not previously disclosed or produced;

(B) grant a continuance;

(C) grant a mistrial;

(D) prohibit the party from calling a witness not

disclosed or introducing in evidence the material not disclosed; or

(E) enter such order as it deems just under the

circumstances.

(2) Willful violation by counsel or a party not

represented by counsel of an applicable discovery rule or an order

issued pursuant thereto may subject counsel or a party not

represented by counsel to appropriate sanction by the court. The

sanctions may include, but are not limited to, contempt proceedings

against the attorney or party not represented by counsel, as well as

the assessment of costs incurred by the opposing party, when

appropriate.