Supreme Court of Florida
In Re: Amendments to Florida Rule of Criminal Procedure 3.852
April 30, 201540 Fla. L. Weekly Supp. 224
Summary
The Supreme Court of Florida further amended Florida Rule of Criminal Procedure 3.852 to govern disclosure of a capital postconviction defendant’s medical, psychological, psychiatric, and substance abuse records to counsel. The amendment requires the Department of Corrections to provide those records to counsel only upon the defendant’s express consent or authority from a court of competent jurisdiction, while retaining the requirement that relevant records be sent to the records repository. The amendment became effective immediately.