Florida Senate - 2009                                    SB 2154
       
       
       
       By Senator Bennett
       
       
       
       
       21-01611A-09                                          20092154__
    1                        A bill to be entitled                      
    2         An act relating to discovery depositions; creating s.
    3         914.29, F.S.; providing that a discovery deposition
    4         may not be taken in a case in which the defendant is
    5         charged only with a felony of the third degree, a
    6         misdemeanor, or a criminal traffic offense when all
    7         other discovery provided by law has been completed;
    8         providing for an exception for good cause; requiring
    9         the trial court to consider certain factors before
   10         allowing the discovery deposition; providing that the
   11         prohibition against taking a discovery deposition does
   12         not apply under a specified circumstance; repealing
   13         Rule 3.220(h)(1)(D), Florida Rules of Criminal
   14         Procedure, relating to discovery depositions for
   15         misdemeanors; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 914.29, Florida Statutes, is created to
   20  read:
   21         914.29 Discovery depositions; limitations.—
   22         (1) A discovery deposition may not be taken in a case in
   23  which the defendant is charged only with a felony of the third
   24  degree, a misdemeanor, or a criminal traffic offense when all
   25  other discovery provided by law has been complied with unless
   26  good cause can be shown to the trial court.
   27         (2) In determining whether to allow a discovery deposition,
   28  the court must consider the consequences to the defendant, the
   29  complexity of the issues involved, the complexity of the
   30  witness' testimony, and the other opportunities available to the
   31  defendant to discover the information sought by the discovery
   32  deposition.
   33         (3) The prohibition against taking a discovery deposition
   34  does not apply if, following the furnishing of discovery by the
   35  defendant, the state takes the statement of a listed defense
   36  witness under s. 27.04.
   37         Section 2. Rule 3.220(h)(1)(D), Florida Rules of Criminal
   38  Procedure, is repealed to the extent that it is inconsistent
   39  with this act.
   40         Section 3. This act shall take effect October 1, 2009,
   41  except that section 2 of this act shall take effect only if this
   42  act is enacted by a two-thirds vote of the membership of each
   43  house of the Legislature.