Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 214
                        Barcode 393578
                            CHAMBER ACTION
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11  The Committee on Judiciary (Villalobos) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Victim's right to a speedy trial; speedy
19  trial demand by the state attorney.--
20         (1)  The state attorney may file a demand for a speedy
21  trial if the state has met its obligations under the rules of
22  discovery, the charge is a felony or misdemeanor, the court
23  has granted at least three continuances upon the request of
24  the defendant over the objection of the state attorney, and:
25         (a)  If a felony case, it is not resolved within 125
26  days after the date that formal charges are filed and the
27  defendant is arrested or the date that notice to appear in
28  lieu of arrest is served upon the defendant; or
29         (b)  If a misdemeanor case, it is not resolved within
30  45 days after the date that formal charges are filed and the
31  defendant is arrested or the date that notice to appear in
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    8:29 AM   04/08/05                             s0214d-ju38-k0a

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 214 Barcode 393578 1 lieu of arrest is served upon the defendant. 2 (2) Upon the filing of a demand for a speedy trial, 3 the trial court shall schedule a calendar call within 5 days, 4 at which time the court shall schedule the trial to commence 5 no sooner than 5 days or later than 45 days following the date 6 of the calendar call. The court may, however, grant whatever 7 further extension may be required to prevent deprivation of 8 the defendant's right to due process. 9 (3)(a) The trial court may postpone the trial date for 10 up to 30 additional days upon a showing by the defendant that 11 a necessary witness who was properly served failed to attend 12 the deposition and also failed to attend a subsequently 13 scheduled deposition following a court order to appear. The 14 court may, however, grant whatever further extension may be 15 required to prevent deprivation of the defendant's right to 16 due process. 17 (b) The trial court may also postpone the trial date 18 for no fewer than 30 days but no more than 70 days if the 19 court grants a motion by counsel to withdraw and the court 20 appoints other counsel. The court may, however, grant whatever 21 further extension may be required to prevent deprivation of 22 the defendant's right to due process. 23 Section 2. This act shall take effect July 1, 2005. 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 Delete everything before the enacting clause 29 30 and insert: 31 A bill to be entitled 2 8:29 AM 04/08/05 s0214d-ju38-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 214 Barcode 393578 1 An act relating to the right to a speedy trial; 2 creating time limits within which a person 3 charged with a crime must be brought to trial; 4 permitting state attorneys to file a demand for 5 a speedy trial; providing conditions that must 6 be met in order to do so; requiring that the 7 trial judge schedule a calendar call upon the 8 filing of a demand for a speedy trial in order 9 to schedule a trial; prescribing conditions 10 under which the trial court may postpone a 11 trial date; providing an effective date. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 8:29 AM 04/08/05 s0214d-ju38-k0a