By Kathleen Haughney
The News Service of Florida
A measure that could overhaul the state’s laws on the right to a speedy trial won a committee vote Monday and will go directly to a vote before the entire Florida House.
The legislation, sponsored by Rep. Eric Eisnaugle (R-Orlando), would create a tiered system that would outline what qualifies as a speedy trial for different crimes. Currently, defendants facing criminal charges are guaranteed a trial in 175 days.
The current system has created some problems, Eisnaugle said, because it is inflexible. With cases that involve substantial DNA evidence or scientific research, the 175 days isn’t always enough, he said.
The bill would extend the time of a speedy trial in capital cases, including murder, from 175 days to a year. Other offenses would fall into a tier. Defendants would be guaranteed a trial within 90 days for a misdemeanor, 180 days for a first, second or third degree felony and 275 days for a first degree felony punishable by life in prison. It would also start the clock from the time the charges are filed instead of the date of arrest.
The bill was not without controversy though. It was only sent to one committee, and some lawmakers said that it still needed changes before it went before the entire chamber, particularly given that it would substantially alter a criminal’s right to a speedy trial.
Bob Dillinger, the Pinellas County Public Defender, lobbied against the bill in the Criminal and Civil Justice Policy Council, saying the changes would give state attorneys no motivation to move a case forward and defendants could end up simply sitting in prison.
“This is not just a minor change to the speedy trial rule,” Dillinger said. “This is a major change to the laws of Florida that have been around quite some time.”
Eisnaugle countered though that the Supreme Court language is relatively vague when it comes down to the exact time line.
“The Supreme Court has held there is no way to determine a number of days,” he said.
Several members of the committee tried to kill the bill by asking it be postponed for consideration and that it also not be immediately released from the committee’s purview, so that alterations could still be made. They failed each time.
Eisnaugle, backed by several other Republican committee members, argued that prosecutors needed the change to keep some criminals from going free. Staff analysis referred to six Florida cases where this occurred, which other members argued was not enough to show a substantial trend.
“This is another situation where we have a solution looking for a problem,” said Rep. Perry Thurston, (D-Plantation).
The bill, which passed the committee 13-3, has no other committee votes before it is heard by the full House. There is no Senate companion bill. If it makes it to a full vote, it requires two-thirds approval from both chambers.