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 Rule 3.220(h)(1)(D), Florida Rules of Criminal 38 Procedure, is repealed to the extent that it is inconsistent 39 with this act. 40 Section 3.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.