Furthermore, Mr. Diaz has made numerous demands for additional public records pursuant to Fla. R. Crim. P. 3.852 (i) and (h)(3). The lower court here abused its discretion in denying public records requests. The court ignored Fla. R. Crim. P. 3.852(h)(3) which provides ten days from the signing of a death warrant for collateral counsel to file demands for additional public records. Rather, the court imposed its own
arbitrary and unreasonable rule, allowing Mr. Diaz only two days to request records. Second, the court sustained the State’s "global" objection on behalf of every served agency to Mr. Diaz’s demands without the opportunity to respond specifically to each agency’s objections, relying on factual findings that are demonstrably false. No reasonable person would take the view adopted by the lower court. Mr. Diaz’s rights to access to the courts, equal protection and effective legal representation are being denied because the circuit court has denied access to public records to which he is entitled. Because this Court should remand this case to the circuit court for full public records disclosure, a stay of execution is necessary.