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38 Procedure, is repealed to the extent that it is inconsistent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.