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A bill to be entitled

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An act relating to discovery depositions; creating s.

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914.29, F.S.; providing that a discovery deposition may

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not be taken in a case in which the defendant is charged

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only with a felony of the third degree, a misdemeanor, or

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a criminal traffic offense when all other discovery

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provided by law has been completed; providing for an

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exception for good cause; requiring the trial court to

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consider certain conditions before allowing the discovery

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deposition; providing that the prohibition against taking

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a discovery deposition does not apply under a specified

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circumstance; repealing Rule 3.220(h)(1)(D), Florida Rules

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of Criminal Procedure, relating to discovery depositions

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for misdemeanors; providing an effective date.

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

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     Section 1.  Section 914.29, Florida Statutes, is created to

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read:

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     914.29 Discovery depositions; limitations.--

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     (1) A discovery deposition may not be taken in a case in

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which the defendant is charged only with a felony of the third

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degree, a misdemeanor, or a criminal traffic offense when all

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other discovery provided by law has been complied with unless

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good cause can be shown to the trial court.

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     (2) In determining whether to allow a discovery deposition,

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the court must consider the consequences to the defendant, the

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complexity of the issues involved, the complexity of the witness'

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testimony, and the other opportunities available to the defendant

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to discover the information sought by the discovery deposition.

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     (3) The prohibition against taking a discovery deposition

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does not apply if, following the furnishing of discovery by the

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defendant, the state takes the statement of a listed defense

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witness under s. 27.04.

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     Section 2. Rule 3.220(h)(1)(D), Florida Rules of Criminal

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Procedure, is repealed to the extent that it is inconsistent with

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this act.

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     Section 3.  This act shall take effect October 1, 2008,

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except that section 2 of this act shall take effect only if this

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act enacted by a two-thirds vote of the membership of each house

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of the Legislature.