Senate Bill sb0288c2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 288
By the Committees on Judiciary; Criminal Justice; and Senator
Lynn
308-2507-04
1 A bill to be entitled
2 An act relating to the right to a speedy trial;
3 creating s. 918.0151, F.S.; creating time
4 limits within which a person charged with a
5 crime by information or indictment must be
6 brought to trial; permitting state attorneys to
7 file a demand for a speedy trial; providing
8 conditions that must be met in order to do so;
9 requiring that the trial judge schedule a
10 calendar call upon the filing of a demand for a
11 speedy trial in order to schedule a trial;
12 prescribing conditions under which the trial
13 court may extend a trial date; providing an
14 effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Section 918.0151, Florida Statutes, is
19 created to read:
20 918.0151 Victim's right to speedy trial; speedy trial
21 demand by state.--After the court grants a third continuance
22 requested by the defendant and objected to by the state in any
23 felony or misdemeanor case, the state attorney may file a
24 demand for a speedy trial if the state has met its obligations
25 under the rules of discovery. Alternatively, in any felony
26 case not resolved within 125 days after the filing of formal
27 charges and the arrest of the defendant or service of a notice
28 to appear in lieu of arrest, or in any misdemeanor case not
29 resolved within 45 days after the filing of charges and the
30 arrest of the defendant or service of notice to appear in lieu
31 of arrest, the state attorney may file a demand for speedy
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Florida Senate - 2004 CS for CS for SB 288
308-2507-04
1 trial if the state has met its obligations under the rules of
2 discovery. Upon filing of the demand, the trial court shall
3 schedule a calendar call within 5 days, at which time the
4 trial shall be scheduled to commence within not less than 5
5 days or more than 45 days following the date of the calendar
6 call. The trial court may extend the trial date for up to 30
7 additional days upon a showing by the defendant that a
8 necessary witness or witnesses were properly served but failed
9 to attend a scheduled deposition and that, despite a
10 subsequent court order to appear, they failed to do so. The
11 trial court may also extend the time limit for trial outlined
12 in this section by not less than 30 days but not more than 70
13 days due to the appointment or substitution of counsel due to
14 conflict of interest or other good legal cause for new counsel
15 shown by the defendant.
16 Section 2. This act shall take effect July 1, 2004.
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Florida Senate - 2004 CS for CS for SB 288
308-2507-04
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS Senate Bill 288
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4 This CS limits the state's authority to file a demand for
speedy trial in the following manner:
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- Requires the state to object to the defense continuances;
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- Requires the state to have met its obligations under
7 discovery rules; and,
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- Regarding the specified time limits, requires that they
9 start from the date of the filing of formal charges and
the arrest of the defendant or service of a notice to
10 appear in lieu of arrest.
11 Grants the court discretion to extend the trial date in the
following instances:
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- The trial court can extend for up to 30 additional days
13 upon a showing by the defendant that a necessary witness
or witnesses were properly served but failed to attend a
14 scheduled deposition, even after a subsequent court
order.
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- The trial court can extend by not less than 30 days or
16 more than 70 days due to the appointment or substitution
of counsel due to a conflict of interest or other good
17 legal cause for new counsel shown by the defendant.
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