89-R-3RESOLUTION NO. 89-R-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 officers
to attend depositions and in loss of police time on the streets
for on duty officers, and
WHEREAS, the Florida Legislature passed a resolution recog-
nizing 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 organi-
zations, the judiciary, the Florida Bar, and the Legislature, to
consider 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 requested
by the Legislature,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA:
SECTION 1: That should the Commission on Discovery
Deposition fail to remedy the problems with the Criminal
Discovery Deposition Rule, the City Council will urge repeal
of the Criminal Discovery Deposition Rule by the 1989 Florida
Legislature,
SECTION 2: That all resolutions or parts of resolutions
in conflict herewith be and the same are hereby repealed.
SECTION 3: That this resolution shall take effect immedi-
ately upon its adoption by the City Council of the City of
Edgewater. Florida, at a Regular meeting of said Council held
on the 6thday of February 198 9 , and approved as provided
by law,
This resolution was introduced and sponsored by councilman
Fish and was read and passed by a vote of the City
Council at a Regular meeting held on the 6th day of February
198_, and authenticated as provided by law.