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FLORIDAChristopher E. Knight, Esq.Michael J. Drahos, Esq.FOWLER WHITE BURNETT, P.A.Espirito Santo Plaza1395 Brickell Avenue, 14th FloorMiami, FL 33131Phone (305) 789-9200www.fowler-white.comcknight@fowler-white.com1. Does your state recognize an exemption from discovery (or a privilege) forpre-suit investigation materials? Is there a key to preserving thisexemption/privilege (i.e. involvement of counsel)?Investigative materials and internal investigative reports of a party, when prepared inanticipation of litigation, constitute work product and are not generally subject todiscovery in Florida. See Southern Bell Tel. & Tel. Co. v. Deason, 632 So. 2d 1377,1384 (Fla. 1994). Seaboard Air Line R. Co. v. Timmons, 61 So. 2d 426, 427–28 (Fla.1952); Federal Exp. Corp. v. Cantway, 778 So. 2d 1052, 1053 (Fla. 4th DCA 2001);Karch v. MacKay, 453 So. 2d 452, 453 (Fla. 4th DCA 1984); New Life Acres, Inc. v.Strickland, 436 So. 2d 391 (Fla. 5th DCA 1983); Winn–Dixie Stores, Inc. v. Nakutis, 435So. 2d 307, 308 (Fla. 5th DCA 1983). Such reports need not be ordered by an attorneyin order to be considered work product, see Metric Engineering, Inc. v. Small, 861 So.2d 1248, 1250 (Fla. 1st DCA 2003) (“The material does not need to actually begathered by the attorney to be work product, but must be gathered in anticipation oflitigation.”); Snyder v. Value Rent–A–Car, 736 So. 2d 780 (Fla. 4th DCA 1999), and theycan constitute work product even if they are prepared before a claim is filed. See DistrictBd. of Trs. of Miami–Dade Cnty. Coll. v. Chao, 739 So. 2d 105 (Fla. 3d DCA 1999); Cityof Sarasota v. Colbert, 97 So. 2d 872 (Fla. 2d DCA 1957).2. What is your state’s rule with regard to the discoverability of written orrecorded statements taken during investigation of an incident?Pursuant to Florida Rule of Civil Procedure 1.280(b)(3), written or recorded statementstaken during an accident investigation are discoverable upon a showing that the partyseeking discovery “has need of the materials in the preparation of the case and isunable without undue hardship to obtain the substantial equivalent of the materials byother means.” See Genovese v. Provident Life and Accident Ins. Co., 74 So. 3d 1064,1067-1068 (Fla. 2011); Publix Super Markets, Inc. v. Anderson, 92 So. 3d 922, 923(Fla. 4th DCA 2012); Heartland Express, Inc., of Iowa v. Torres, 90 So .3d 365, 367(Fla. 1st DCA 2012)3. Does your state recognize a "critical self analysis" privilege?