R. Regulating Fla. Bar 4-3.8 · 4-3. ADVOCATE
SPECIAL RESPONSIBILITIES OF A PROSECUTOR
Text — October 1, 2026 edition
The prosecutor in a criminal case must:
(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;
(b) not seek to obtain from an unrepresented accused a waiver of important pre-trial rights such as a right to a preliminary hearing; and
(c) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal.
Notes and commentary — not rule text
Comment
A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations such as making a reasonable effort to assure that the accused has been advised of the right to and the procedure for obtaining counsel and has been given a reasonable opportunity to obtain counsel so that guilt is decided upon the basis of sufficient evidence. Precisely how far the prosecutor is required to go in this direction is a matter of debate. See also rule 4-3.3(d) governing ex parte proceedings, among which grand jury proceedings are included. Applicable law may require other measures by the prosecutor and knowing disregard of these obligations or systematic abuse of prosecutorial discretion could constitute a violation of rule 4-8.4. Subdivision (b) does not apply to an accused appearing pro se with the approval of the tribunal, nor does it forbid the lawful questioning of a suspect who has knowingly waived the rights to counsel and silence. The exception in subdivision (c) recognizes that a prosecutor may seek an appropriate protective order from the tribunal if disclosure of information to the defense could result in substantial harm to an individual or to the public interest.
History
Amended July 23, 1992, effective January 1, 1993 (605 So.2d 252); amended March 16, 2023, effective May 15, 2023 (SC22-1292).
Source of truth
- Edition
- October 1, 2026 edition
- Official file
- https://www-media.floridabar.org/uploads/2026/10/2027_04-OCT-RRTFB-10-1-2026.pdf (PDF pages 336–337)
- Text hash
- sha256 e95b0420dd6fdc7b1bec7c5eaf3eca21b76aca7ef9085d3efb4343cbd0b79a29
- Composed by
- compose_bar.py 2026-10-04: the edition's printed headings as the inventory (reconciled to its bookmarks both ways), pypdfium2 primary, PyMuPDF check, every word of each span accounted for
- composed from the PDF edition; both extractors agree
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.