| 1 | The Justice Appropriations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the right to a speedy trial; creating |
| 7 | time limits within which a person charged with a crime |
| 8 | must be brought to trial; permitting state attorneys to |
| 9 | file a demand for a speedy trial; providing conditions |
| 10 | that must be met in order to do so; requiring that the |
| 11 | trial judge schedule a calendar call upon the filing of a |
| 12 | demand for a speedy trial in order to schedule a trial; |
| 13 | prescribing conditions under which the trial court may |
| 14 | postpone a trial date; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Victim's right to a speedy trial; speedy trial |
| 19 | demand by the state attorney.-- |
| 20 | (1) The state attorney may file a demand for a speedy |
| 21 | trial if the state has met its obligations under the rules of |
| 22 | discovery, the charge is a felony or misdemeanor, the court has |
| 23 | granted at least three continuances upon the request of the |
| 24 | defendant over the objection of the state attorney, and: |
| 25 | (a) If a felony case, it is not resolved within 125 days |
| 26 | after the date that formal charges are filed and the defendant |
| 27 | is arrested or the date that notice to appear in lieu of arrest |
| 28 | is served upon the defendant; or |
| 29 | (b) If a misdemeanor case, it is not resolved within 45 |
| 30 | days after the date that formal charges are filed and the |
| 31 | defendant is arrested or the date that notice to appear in lieu |
| 32 | of arrest is served upon the defendant. |
| 33 | (2) Upon the filing of a demand for a speedy trial, the |
| 34 | trial court shall schedule a calendar call within 5 days, at |
| 35 | which time the court shall schedule the trial to commence no |
| 36 | sooner than 5 days or later than 45 days following the date of |
| 37 | the calendar call. The court may, however, grant whatever |
| 38 | further extension may be required to prevent deprivation of the |
| 39 | defendant's right to due process. |
| 40 | (3)(a) The trial court may postpone the trial date for up |
| 41 | to 30 additional days upon a showing by the defendant that a |
| 42 | necessary witness who was properly served failed to attend the |
| 43 | deposition and also failed to attend a subsequently scheduled |
| 44 | deposition following a court order to appear. The court may, |
| 45 | however, grant whatever further extension may be required to |
| 46 | prevent deprivation of the defendant's right to due process. |
| 47 | (b) The trial court may also postpone the trial date for |
| 48 | no fewer than 30 days but no more than 70 days if the court |
| 49 | grants a motion by counsel to withdraw and the court appoints |
| 50 | other counsel. The court may, however, grant whatever further |
| 51 | extension may be required to prevent deprivation of the |
| 52 | defendant's right to due process. |
| 53 | Section 2. This act shall take effect July 1, 2005. |