Senate Bill sb0214

    Florida Senate - 2005                                   SB 214

    By Senator Lynn





    7-235-05

  1                      A bill to be entitled

  2         An act relating to the right to a speedy trial;

  3         creating time limits within which a person

  4         charged with a crime must be brought to trial;

  5         permitting state attorneys to file a demand for

  6         a speedy trial; providing conditions that must

  7         be met in order to do so; requiring that the

  8         trial judge schedule a calendar call upon the

  9         filing of a demand for a speedy trial in order

10         to schedule a trial; prescribing conditions

11         under which the trial court may postpone a

12         trial date; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Victim's right to a speedy trial; speedy

17  trial demand by the state attorney.--

18         (1)  The state attorney may file a demand for a speedy

19  trial if the state has met its obligations under the rules of

20  discovery, and if the charge is:

21         (a)  A felony or misdemeanor and the court has granted

22  at least three continuances upon the request of the defendant

23  and over the objection of the state attorney.

24         (b)  A felony and the case is not resolved within 125

25  days after the date that formal charges are filed and the

26  defendant is arrested or the date that notice to appear in

27  lieu of arrest is served upon the defendant.

28         (c)  A misdemeanor and the case is not resolved within

29  45 days after the date that formal charges are filed and the

30  defendant is arrested or the date that notice to appear in

31  lieu of arrest is served upon the defendant.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                   SB 214
    7-235-05




 1         (2)  Upon the filing of a demand for a speedy trial,

 2  the trial court shall schedule a calendar call within 5 days,

 3  at which time the court shall schedule the trial to commence

 4  no sooner than 5 days or later than 45 days following the date

 5  of the calendar call.

 6         (3)(a)  The trial court may postpone the trial date for

 7  up to 30 additional days upon a showing by the defendant that

 8  a necessary witness who was properly served failed to attend

 9  the deposition and also failed to attend a subsequently

10  scheduled deposition following a court order to appear.

11         (b)  The trial court may also postpone the trial date

12  for no fewer than 30 days but no more than 70 days if the

13  court grants a motion by counsel to withdraw due to a conflict

14  of interest, or for other good legal cause, and the court

15  appoints other counsel.

16         Section 2.  This act shall take effect July 1, 2005.

17  

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19                          SENATE SUMMARY

20    Creates time limits within which a person charged with a
      crime must be brought to trial. Permits state attorneys
21    to file a demand for a speedy trial. Provides conditions
      that must be met in order to file a demand for a speedy
22    trial. Requires that the trial judge schedule a calendar
      call upon the filing of a demand for a speedy trial in
23    order to schedule a trial. Prescribes conditions under
      which the trial court may extend a trial date.
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CODING: Words stricken are deletions; words underlined are additions.