89-03 v P I D ',Jur PA Ss
1110
RESOLUTION
89-3
WHEREAS , Rule 3 . 220(d) , Florida Rules of Criminal
Procedure authorizes the defendant in a criminal prosecution to
take the deposition of any person who has information relevant to
the offense charged, and,
WHEREAS , the use of discovery depositions is costly to
the city and state in terms of overtime paid for off duty offi-
cers to attend depositions and in loss of police time on the
streets for on duty officers , and,
• WHEREAS , the 1988 Florida Legislature passed a
Resolution recognizing the need to institute reform with respect
to the use of discovery depositions in criminal proceedings , and,
WHEREAS , the Florida Legislature requested that the
Florida Supreme Court appoint a commission on criminal discovery
with a balanced representation of law enforcement , prosecution,
public and private criminal defense counsel , victims rights
organizations , the judiciary, the Florida Bar , and the Legisla-
ture for the purpose of considering the various issues related to
the use of discovery depositions in criminal proceedings , and,
WHEREAS , the Commission appointed by the Florida
• Supreme Court does not consist of the balanced representation
of interests as requested by the Legislature ,
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NOW, THEREFORE , BE IT RESOLVED , by the City Commission
that should the Florida Supreme Court ' s Commission on Discovery
Depositions fail to remedy the problems with the criminal
discovery deposition rule , the City Commission will urge outright
repeal of Rule 3 . 220 (d) of the Florida Rules of Criminal
Procedure by the 1989 Florida Legislature .
Passed by the City Commission on January 11 , 1989
• r/ William I. Gulliford
Mayor-Commissioner
Approved as to form and correctness: Claude L. Mullis, City Attorney
Attest: Maureen King, City Clerk
•