In 2014, the Florida Supreme Court enacted Florida Rule of Criminal Procedure 3.113 Minimum Standards for Attorneys in Felony Cases. The new rule reads, in its entirety, as follows:
Before an attorney may participate as counsel of record in the circuit court for any adult felony case, including postconviction proceedings before the trial court, the attorney must complete a course, approved by The Florida Bar for continuing legal education credits, of at least 100 minutes and covering the legal and ethical obligations of discovery in a criminal case, including the requirements of rule 3.220, and the principles established in Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972).
Added May 15, 2015, effective May 16, 2016 (139 So.3d 292).
The promulgation of Rule 3.113 was unanimously recommended to the Florida Supreme Court by the Florida Innocence Commission in its Final Report to the Supreme Court of Florida, June 25, 2012.
The Innocence Project of Florida reviews hundreds of cases of inmates in Florida every year searching for cases of wrongful conviction, primarily proven through DNA testing of evidence. The excellent work of the Innocence Project of Florida has resulted in the exoneration and freedom of 14 innocent prisoners who spent a total of 265 years of wrongful imprisonment. The Innocence Project of Florida was the first innocence organization in the United States to realize the need for and to hire a full-time social worker to assist exonerees to:
- Begin to work through the trauma of being imprisoned for crimes they did not commit;
- Prepare for the day they walk out of prison, from having something to wear and someplace to go, to being ready for questions from the press;
- Secure shelter, food, clothing, a cell phone, and other basic necessities of life;
- Get overdue dental or medical care;
- Obtain driver's license or make arrangements for other transportation, and make plans to re-enter the workforce;
- Utilize social programs and/or therapists that will assist the exonoree in his or her path to independence.
In order to provide assistance, IFP created the Exoneree Support Fund that provides exonerees with the money to pay for food, clothing, shelter, dental and medical care, transportation, and communication. The Fund relies on donations that are matched one-to-one annually by The Florida Bar Foundation Challenge.
The Florida Public Defender Association, Inc. (FPDA) has produced continuing legal education (CLE) courses approved by The Florida Bar that satisfy the requirements of Rule 3.113. As a public service to the attorneys of Florida, the FPDA has made this course available for free on its website.
The Florida Public Defender Association, Inc. fully supports the good work and mission of the Innocence Project of Florida. For viewing the CLE Brady v Maryland courses produced by the FPDA, it is respectfully requested that attorneys make a minimum $25 donation to the Florida Innocence Project or the Exoneree Support Fund of the Innocence Project of Florida.
Please visit www.FLORIDAINNOCENCE.ORG to make your donation on-line, or send a check to: the Innocence Project of Florida, 1100 East Park Avenue, Tallahassee, FL 32301. All contributions are tax deductible to the fullest extent of the law, as IPF is certified as a nonprofit organization under the Internal Revenue Service Act Section 501(c)(3); federal tax ID 20-0210812.
Brady Presentation: Discovery Brady and Giglio Rule 3.113 Compliance
Speaker: Denis de Vlaming, Esq.
CLE Course Number: 1802123N- CLE Credits: 2.0 - Course Approval Period: 04/07/2018 - 10/07/2019
Audio Recording Link Below: