HB 285

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


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