Senate Bill sb0214c1

    Florida Senate - 2005                            CS for SB 214

    By the Committee on Judiciary; and Senator Lynn





    590-2038-05

  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.

13  

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

15  

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, the charge is a felony or misdemeanor, the court

21  has granted at least three continuances upon the request of

22  the defendant over the objection of the state attorney, and:

23         (a)  If a felony case, it is not resolved within 125

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

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

26  lieu of arrest is served upon the defendant; or

27         (b)  If a misdemeanor case, it is not resolved within

28  45 days after the date that formal charges are filed and the

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

30  lieu of arrest is served upon the defendant.

31  

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






    Florida Senate - 2005                            CS for SB 214
    590-2038-05




 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. The court may, however, grant whatever

 6  further extension may be required to prevent deprivation of

 7  the defendant's right to due process.

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

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

10  a necessary witness who was properly served failed to attend

11  the deposition and also failed to attend a subsequently

12  scheduled deposition following a court order to appear. The

13  court may, however, grant whatever further extension may be

14  required to prevent deprivation of the defendant's right to

15  due process.

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

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

18  court grants a motion by counsel to withdraw and the court

19  appoints other counsel. The court may, however, grant whatever

20  further extension may be required to prevent deprivation of

21  the defendant's right to due process.

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

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                         Senate Bill 214

26                                 

27  This committee substitute authorizes the court to extend the
    date of trial as necessary to ensure that due process is
28  provided for the defendant.

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30  

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