| 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 may |
| 4 | not be taken in a case in which the defendant is charged |
| 5 | only with a felony of the third degree, a misdemeanor, or |
| 6 | a criminal traffic offense when all other discovery |
| 7 | provided by law has been completed; providing for an |
| 8 | exception for good cause; requiring the trial court to |
| 9 | consider certain factors before allowing the discovery |
| 10 | deposition; providing that the prohibition against taking |
| 11 | a discovery deposition does not apply under a specified |
| 12 | circumstance; repealing Rule 3.220(h)(1)(D), Florida Rules |
| 13 | of Criminal Procedure, relating to discovery depositions |
| 14 | for misdemeanors; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 914.29, Florida Statutes, is created to |
| 19 | read: |
| 20 | 914.29 Discovery depositions; limitations.-- |
| 21 | (1) A discovery deposition may not be taken in a case in |
| 22 | which the defendant is charged only with a felony of the third |
| 23 | degree, a misdemeanor, or a criminal traffic offense when all |
| 24 | other discovery provided by law has been complied with unless |
| 25 | good cause can be shown to the trial court. |
| 26 | (2) In determining whether to allow a discovery |
| 27 | deposition, the court must consider the consequences to the |
| 28 | defendant, the complexity of the issues involved, the complexity |
| 29 | of the witness' testimony, and the other opportunities available |
| 30 | to the defendant to discover the information sought by the |
| 31 | discovery deposition. |
| 32 | (3) The prohibition against taking a discovery deposition |
| 33 | does not apply if, following the furnishing of discovery by the |
| 34 | defendant, the state takes the statement of a listed defense |
| 35 | witness under s. 27.04. |
| 36 | Section 2. Rule 3.220(h)(1)(D), Florida Rules of Criminal |
| 37 | Procedure, is repealed to the extent that it is inconsistent |
| 38 | with this act. |
| 39 | Section 3. This act shall take effect October 1, 2008, |
| 40 | except that section 2 of this act shall take effect only if this |
| 41 | act is enacted by a two-thirds vote of the membership of each |
| 42 | house of the Legislature. |