943.33 State-operated criminal analysis laboratories. - Florida Statutes

943.33 State-operated criminal analysis laboratories.

The state-operated laboratories shall furnish laboratory service upon request to law enforcement officials in the state. The services of such laboratories shall also be available to any defendant in a criminal case upon showing of good cause and upon order of the court with jurisdiction in the case. When such service is to be made available to the defendant, the order shall be issued only after motion by the defendant and hearing held after notice with a copy of the motion being served upon the prosecutor and the state-operated laboratory from which the service is being sought. For purposes of this section, “good cause” means a finding by the court that the laboratory service being sought by the defendant is anticipated to produce evidence that is relevant and material to the defense, that the service sought is one which is reasonably within the capacity of the state-operated laboratory and will not be unduly burdensome upon the laboratory, and that the service cannot be obtained from any qualified private or nonstate operated laboratory within the state or otherwise reasonably available to the defense. The court shall assess the costs of such service ordered by the court to the defendant or local public defender’s office. The laboratory providing the service ordered shall include with the report of the analysis, comparison, or identification a statement of the costs of the service provided and shall provide a copy of all reports and analysis performed and cost statement being provided to the prosecutor in the case and the court.

History. s. 4, ch. 74-362; s. 16, ch. 98-251.