HomeMy WebLinkAboutCity of Tamarac Resolution R-88-331Temp. Reso. #5253
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-88-
A RESOLUTION URGING REVISIONS IN THE
FLORIDA CRIMINAL DISCOVERY DEPOSITION
PROVISION, RULE 3.220(D), OF THE FLORIDA
RULES OF CRIMINAL PROCEDURE; AND PROVIDING
AN EFFECTIVE DATE.
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
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 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 COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That should the Commission on Discovery
Deposition fail to remedy the problems with the Criminal
Discovery Deposition Rule, the Tamarac City Council will urge
its outright repeal by the 1989 Legislature.
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Temp. Reso. #5253
SECTION 2: This Resolution shall become effective
immediately upon adoption. !A
PASSED, ADOPTED AND APPROVED this /`,T day of
1988.
ATTEST:
fl- NORMAN ABRAMOWITZ
MAYOR
--� - - - -
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CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
RICHARD DOODY U
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR
ABRAMOWITZ
DISTRICT 1:
C/M ROHR
DISTRICT 2:
V/M STELZER
DISTRICT 3:
C/M HOFFMAN,C
DISTRICT 4-
C/M BENDER
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