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Florida Statute 92.561 - Full Text and Legal Analysis
Florida Statute 92.561 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 92.561 Case Law from Google Scholar Google Search for Amendments to 92.561

The 2025 Florida Statutes

Title VII
EVIDENCE
Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS
View Entire Chapter
92.561 Prohibition on reproduction of child pornography.
(1) In a criminal proceeding, any property or material that portrays sexual performance by a child as defined in s. 827.071, constitutes generated child pornography as defined in s. 827.072, or constitutes child pornography as defined in s. 847.001, must remain secured or locked in the care, custody, and control of a law enforcement agency, the state attorney, or the court.
(2) Notwithstanding any law or rule of court, a court shall deny, in a criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that portrays sexual performance by a child, constitutes generated child pornography, or constitutes child pornography so long as the state attorney makes the property or material reasonably available to the defendant.
(3) For purposes of this section, property or material is deemed to be reasonably available to the defendant if the state attorney provides ample opportunity at a designated facility for the inspection, viewing, and examination of the property or material that portrays sexual performance by a child, constitutes generated child pornography, or constitutes child pornography by the defendant, his or her attorney, or any individual whom the defendant uses as an expert during the discovery process or at a court proceeding.
History.s. 4, ch. 2011-220; s. 3, ch. 2024-118.

F.S. 92.561 on Google Scholar

F.S. 92.561 on CourtListener

Amendments to 92.561


Annotations, Discussions, Cases:

Cases Citing Statute 92.561

Total Results: 4  |  Sort by: Relevance  |  Newest First

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In re Amendments to Florida Rule of Crim. Procedure 3.220, 115 So. 3d 207 (Fla. 2013).

Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 338, 2013 Fla. LEXIS 1933, 2013 WL 2248265

...In the December 20, 2012, opinion in this case, the Court adopted an out-of-cyele amendment to Florida Rule of Criminal Procedure 3.220(b) (Prosecutor’s Discovery Obligation). The amendment was proposed by the Criminal Procedure Rules Committee (Committee) in order to conform the rule to section 92.561, Florida Statutes (2012), 1 which prohibits the reproduction of child pornography in a criminal case....
...of Discovery, the prosecutor shall ... permit the defendant to inspect, copy, test, and photograph” specified information and material in the state’s possession or control, which could include property or material that cannot be reproduced under section 92.561....
...otographed, duplicated, or otherwise reproduced[.]” M at 1276. The Court allowed interested persons sixty days from the date of the opinion to comment on the amendment. Id. After considering the one comment filed, and reviewing the requirements of section 92.561, we further amend subdivision (b)(1) to add language providing “so long as the state attorney makes the property or material reasonably available to the defendant or the defendant’s attorney” after the previously added language prohibiting the reproduction of child pornography....
...t agency, the state attorney, or the court and requires the court to deny a request by the defendant to reproduce such property or material “so long as the state attorney makes the property or material reasonably available to the defendant.” See § 92.561(1), (2), Fla....
...or material reasonably available to the defendant or the defendant’s attorney: (A)-(L) [No Change] (2) — (4) [No Change] (c)-(o)[No Change] Committee Notes [No Change] Court Commentary [No Change] . See Ch.2011-220, § 4, Laws of Fla. (creating § 92.561, Fla....
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Kevin Watkins v. State of Florida, 159 So. 3d 323 (Fla. 1st DCA 2015).

Published | Florida 1st District Court of Appeal

...defense at trial should not be provided to an indigent defendant as part of the record he or she is entitled to once his or her counsel’s representation has concluded. We note, however, that certain information, such as child pornography, may not be provided to a defendant. See § 92.561(2), Fla....
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In re Amendments to Florida Rule of Crim. Procedure 3.220, 105 So. 3d 1275 (Fla. 2012).

Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 784, 2012 Fla. LEXIS 2672, 2012 WL 6619341

...Rule of Criminal Procedure 3.220(b) (Prosecutor’s Discovery Obligation) in response to 2011 legislation. 1 We have jurisdiction. See art. V, § 2(a), Fla. Const. The Committee proposes an amendment to rule 3.220(b) in order to conform the rule to section 92.561, Florida Statutes (2012), which prohibits the reproduction of child pornography in a criminal case. Section 92.561 was created by chapter 2011-220, section 4, Laws of Florida, which became effective July 1, 2011....
...of Discovery, the prosecutor shall ... permit the defendant to inspect, copy, test, and photograph” specified information and material in the state’s possession or control, which could include property or material that cannot be reproduced under section 92.561....
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In Re: Amendments to Florida Rules of Crim. Procedure - 2024 Legislation (Fla. 2024).

Published | Supreme Court of Florida

...raphy” to the list of discovery materials that cannot “be copied, photographed, duplicated, or otherwise reproduced.” This change is consistent with the recent adoption of section 827.072, Florida Statutes (2024), and related amendments to section 92.561, Florida Statutes (2023), both of which went into effect July 1, 2024....

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