Saturday, 23 December 2006

To obtain public records in Florida - rule 3852 h 3

In order to obtain records under Rule 3.852(h)3),

a defendant must show that he has previously requested records

from the same agency, the records sought were not previously the

subject of an objection, and the records sought were not

received or produced since the previous request.

Florida Supreme Court has explained that “a public records request

under [Rule 3.852(h)(3)] is intended as an update of information

previously received or requested.” Sims v. State, 753 So. 2d 66,

70 (Fla. 2000).

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