| 1 | A bill to be entitled |
| 2 | An act relating to criminal trials; amending s. 918.015, |
| 3 | F.S.; providing legislative findings and intent concerning |
| 4 | speedy trial requirements; specifying periods for |
| 5 | commencement of a trial absent a request for application |
| 6 | of the speedy trial time periods; specifying periods for |
| 7 | commencement of a trial when a request for application of |
| 8 | speedy trial periods is made; providing grounds for denial |
| 9 | of such a motion; providing for vacation of such a motion |
| 10 | upon good cause; providing for extensions of time; |
| 11 | providing for waiver of speedy trial periods; providing |
| 12 | requirements for a speedy trial motion; providing for |
| 13 | dismissal of charges if a defendant is not brought to |
| 14 | trial within the time period prescribed by the court; |
| 15 | providing requirements for motions for dismissal; |
| 16 | providing limitations on refiling of charges following a |
| 17 | dismissal without prejudice; providing for determination |
| 18 | of whether a defendant is available for trial for purposes |
| 19 | of speedy trial provisions; providing for application of |
| 20 | provisions to prisoners outside the jurisdiction; |
| 21 | providing for applicability when multiple counts are |
| 22 | charged; providing for applicability when a defendant is |
| 23 | charged with more than one felony; providing for the |
| 24 | effect of appeals; providing for retrial after declaration |
| 25 | of a mistrial; providing for application to new or refiled |
| 26 | charges after entry of certain entries; deleting reference |
| 27 | to a rule of the Supreme Court concerning speedy trials; |
| 28 | amending s. 985.35, F.S.; providing that adjudicatory |
| 29 | hearings for juveniles must be held in accordance with a |
| 30 | specified statute relating to speedy trials rather than |
| 31 | according to specified court rules; creating s. 985.36, |
| 32 | F.S.; providing a time period for juvenile adjudicatory |
| 33 | hearings; providing for extensions of time; providing for |
| 34 | waiver of speedy trial period; providing for motions for |
| 35 | speedy trial; providing for motions for dismissal; |
| 36 | providing for dismissal of charges if a juvenile is not |
| 37 | brought to trial within the time period prescribed by the |
| 38 | court; providing requirements for motions for dismissal; |
| 39 | providing limitations on refiling of charges following a |
| 40 | dismissal without prejudice; providing requirements for |
| 41 | orders dismissing charges with prejudice; providing |
| 42 | factors to be considered in determining whether charges |
| 43 | should be dismissed with prejudice; providing for |
| 44 | determination of whether a juvenile is available for trial |
| 45 | for purposes of speedy trial provisions; providing of |
| 46 | tolling of speedy trial period during the determination of |
| 47 | a juvenile's competency; providing for the effect of a |
| 48 | declaration of a mistrial, an appeal, or an order for a |
| 49 | new trial; providing for application to new or refiled |
| 50 | charges after timely nolle prosequi; repealing Rule 3.191, |
| 51 | Florida Rules of Criminal Procedure, relating to speedy |
| 52 | trials; repealing Rule 8.090, Florida Rules of Juvenile |
| 53 | Procedure, relating to speedy trials in juvenile |
| 54 | proceedings; providing a contingent effective date. |
| 55 |
|
| 56 | Be It Enacted by the Legislature of the State of Florida: |
| 57 |
|
| 58 | Section 1. Section 918.015, Florida Statutes, is amended |
| 59 | to read: |
| 60 | 918.015 Right to speedy trial.- |
| 61 | (1) RIGHT.-In all criminal prosecutions the state and the |
| 62 | defendant shall each have the right to a speedy trial. |
| 63 | (2) FINDINGS; INTENT.-The Legislature finds that Rule |
| 64 | 3.191, Florida Rules of Criminal Procedure, is substantive in |
| 65 | character in every respect where it compels strict enforcement |
| 66 | of time periods for prosecutions of persons accused of crimes, |
| 67 | where it grants the benefits of its provisions to persons upon |
| 68 | arrest or service of a notice to appear, regardless of whether |
| 69 | formal charges are filed, where it continues application of the |
| 70 | time limitations where the state enters a nolle prosequi of the |
| 71 | charge, and where it operates to circumvent and preclude the |
| 72 | filing for formal charges within the statute of limitations |
| 73 | periods for appropriate offenses. To the extent that these and |
| 74 | all other substantive effects of rules of court regarding the |
| 75 | speedy trial of persons charged with crimes expand, alter, or |
| 76 | enlarge the constitutional right to speedy trial, the |
| 77 | Legislature adopts the provisions of this section to govern a |
| 78 | defendant's right to speedy trial. This section shall govern |
| 79 | unless the Supreme Court declares this section or a provision |
| 80 | thereof to be procedural. To the extent any provision of this |
| 81 | section is found procedural, all remaining provisions shall |
| 82 | supersede any court rule in conflict with such remaining |
| 83 | substantive provisions. If the Supreme Court adopts a rule of |
| 84 | procedure to replace this section, or any portion of this |
| 85 | section, such rule shall neither abridge, enlarge, or modify the |
| 86 | constitutional right to a speedy trial nor require a dismissal |
| 87 | of the charge with prejudice where no substantive violation of |
| 88 | the constitutional right to a speedy trial has occurred. It is |
| 89 | the intent of the Legislature that the principles and findings |
| 90 | described in this subsection similarly apply with respect to |
| 91 | juveniles charged with delinquent acts and to the provisions of |
| 92 | s. 985.36. The Supreme Court shall, by rule of said court, |
| 93 | provide procedures through which the right to a speedy trial as |
| 94 | guaranteed by subsection (1) and by s. 16, Art. I of the State |
| 95 | Constitution, shall be realized. |
| 96 | (3) SPEEDY TRIAL GENERAL PROVISIONS.-Except as otherwise |
| 97 | provided, and subject to the limitations imposed under |
| 98 | subsections (10) and (11), a person charged with a felony by |
| 99 | indictment or information, or in the case of a misdemeanor by |
| 100 | whatever document constitutes a formal charge, shall be brought |
| 101 | to trial within the following time periods: |
| 102 | (a) Ninety days after the filing of a misdemeanor; |
| 103 | (b) One hundred eighty days after the filing of a felony |
| 104 | of the first, second, or third degree; |
| 105 | (c) Two hundred seventy-five days after the filing of a |
| 106 | felony of the first degree punishable by imprisonment for a term |
| 107 | of years not exceeding life or a life felony; or |
| 108 | (d) Three hundred sixty-five days after the filing of a |
| 109 | capital felony. |
| 110 |
|
| 111 | This subsection does not apply whenever a motion requesting |
| 112 | application of the speedy trial time periods has been granted |
| 113 | under subsection (4) or when the state files a no information |
| 114 | indicating its intent not to file formal charges. |
| 115 | (4) REQUEST FOR SPEEDY TRIAL TIME PERIODS.-Except as |
| 116 | otherwise provided in this section, and subject to the |
| 117 | limitations imposed under subsections (10) and (11), a person |
| 118 | charged with a felony by indictment or information, or in the |
| 119 | case of a misdemeanor by whatever document constitutes a formal |
| 120 | charge, may file a motion with the trial court requesting |
| 121 | application of the speedy trial time periods under this |
| 122 | subsection. |
| 123 | (a) An order granting a motion under this subsection |
| 124 | requires the defendant to be brought to trial within the |
| 125 | following time periods: |
| 126 | 1. Sixty days after the date of an order granting the |
| 127 | motion for a misdemeanor; |
| 128 | 2. One hundred twenty days after the date of an order |
| 129 | granting the motion for a felony of the first, second, or third |
| 130 | degree; |
| 131 | 3. One hundred ninety days after the date of an order |
| 132 | granting the motion for a felony of the first degree punishable |
| 133 | by imprisonment for a term of years not exceeding life or a life |
| 134 | felony; or |
| 135 | 4. Two hundred seventy-five days after the date of an |
| 136 | order granting the motion for a capital felony. |
| 137 | (b) A motion requesting application of the speedy trial |
| 138 | time periods shall be considered a pleading that the defendant |
| 139 | is available for trial, has diligently investigated the case, |
| 140 | and is prepared or will be prepared for trial within 20 days |
| 141 | after filing the motion. If granted, the motion binds the |
| 142 | defendant and the state. No motion requesting application of the |
| 143 | speedy trial time periods shall be filed or served unless the |
| 144 | defendant has a bona fide desire to obtain a trial sooner than |
| 145 | otherwise might be provided. |
| 146 | (c) A motion requesting application of the speedy trial |
| 147 | time periods shall be granted by the court unless the court |
| 148 | determines: |
| 149 | 1. No document constituting a formal charge has been filed |
| 150 | with the court; |
| 151 | 2. The defendant is not or will not be prepared for trial |
| 152 | within 20 days after filing the motion; or |
| 153 | 3. The factual circumstances, seriousness, or complexity |
| 154 | of the case is such that the applicable time period provided |
| 155 | under this subsection is insufficient to allow the state or |
| 156 | defense adequate time to prepare the case for trial. |
| 157 | (d) A motion requesting application of the speedy trial |
| 158 | time periods may be refiled not less than 30 days after a denial |
| 159 | of a previous motion requesting application of the speedy trial |
| 160 | time periods. |
| 161 | (e) An order granting a motion requesting application of |
| 162 | the speedy trial time periods may only be vacated with consent |
| 163 | of the state or for good cause shown. Good cause for vacating an |
| 164 | order granted under this subsection and granting subsequent |
| 165 | requests for continuances on behalf of the defendant thereafter |
| 166 | shall not include nonreadiness for trial, except as to matters |
| 167 | that may arise after the motion requesting application of the |
| 168 | speedy trial time periods was filed and that reasonably could |
| 169 | not have been anticipated by the defendant or counsel for the |
| 170 | defendant. |
| 171 | (5) EXTENSIONS OF TIME.-Extension of the time periods |
| 172 | under subsections (3) and (4) may be granted under the following |
| 173 | circumstances: |
| 174 | (a) Unexpected illness, unexpected incapacity, or |
| 175 | unforeseeable and unavoidable absence of a person whose presence |
| 176 | or testimony is uniquely necessary for a full and adequate |
| 177 | trial; |
| 178 | (b) A showing by the state that the case is so unusual and |
| 179 | so complex, because of the number of defendants or the nature of |
| 180 | the prosecution or otherwise, that it is unreasonable to expect |
| 181 | adequate investigation or preparation within the prescribed time |
| 182 | periods; |
| 183 | (c) A showing by the state that specific evidence or |
| 184 | testimony is not available despite diligent efforts to secure |
| 185 | it, but will become available within a reasonable time; |
| 186 | (d) A showing by the defendant or the state of necessity |
| 187 | for delay grounded on developments that could not have been |
| 188 | anticipated and that will materially affect the trial; |
| 189 | (e) A showing that a delay is necessary to accommodate a |
| 190 | codefendant, when there is reason not to sever the cases to |
| 191 | proceed promptly with trial of the defendant; |
| 192 | (f) A showing by the state that the defendant has caused |
| 193 | major delay or disruption of preparation of proceedings, such as |
| 194 | preventing the attendance of witnesses or otherwise; |
| 195 | (g) Other exceptional circumstances exist which, as a |
| 196 | matter of substantial justice to the defendant or the state or |
| 197 | both, require an extension; |
| 198 | (h) The state and defense have signed a stipulation for an |
| 199 | extension; |
| 200 | (i) The defendant establishes good cause to grant an |
| 201 | extension without waiving his or her right to speedy trial; or |
| 202 | (j) The court determines there exists a reasonable and |
| 203 | necessary period of delay resulting from proceedings including, |
| 204 | but not limited to: |
| 205 | 1. An examination and hearing to determine the mental |
| 206 | competency or physical ability of the defendant to stand trial. |
| 207 | 2. Hearings on pretrial motions. |
| 208 | 3. Appeals by the state. |
| 209 | 4. Review by the state under extraordinary writ. |
| 210 | 5. DNA testing ordered on the defendant's behalf upon |
| 211 | defendant's motion specifying the physical evidence to be tested |
| 212 | under s. 925.12(2). |
| 213 | 6. Trial of other pending criminal charges against the |
| 214 | defendant. |
| 215 | (6) WAIVER OF SPEEDY TRIAL PERIODS.-The time periods of |
| 216 | this section shall be deemed waived by the defendant when any of |
| 217 | the following occurs: |
| 218 | (a) A defendant who has not filed a motion requesting |
| 219 | application of the speedy trial time periods under subsection |
| 220 | (4) moves for a continuance. |
| 221 | (b) A defendant who has filed a motion requesting |
| 222 | application of the speedy trial time periods under subsection |
| 223 | (4) moves for a continuance and the motion is granted. |
| 224 | (c) The defendant is unavailable for trial. |
| 225 | (d) The defendant agrees to provide substantial assistance |
| 226 | to the state or law enforcement while his or her case is |
| 227 | pending. |
| 228 | (e) The state proves by clear and convincing evidence that |
| 229 | the defendant has caused major delay or disruption of |
| 230 | preparation of proceedings, such as preventing the attendance of |
| 231 | witnesses or otherwise. |
| 232 | (7) MOTION FOR SPEEDY TRIAL.- |
| 233 | (a) A motion for speedy trial may be filed after the |
| 234 | applicable time period under subsection (3) or subsection (4), |
| 235 | or any period of extension granted by the court, has expired. |
| 236 | (b) For purposes of calculating the time periods of this |
| 237 | section, the filing date of the initial formal charging document |
| 238 | shall be the only event which commences the running of speedy |
| 239 | trial periods except as provided in subsections (4) and (10). If |
| 240 | an information or indictment is filed in lieu of charges |
| 241 | initially brought by citation, notice to appear, or any other |
| 242 | document that serves as a charging document, the time period |
| 243 | shall commence from the date of filing of the citation, notice |
| 244 | to appear, or other document serving as a charging document, but |
| 245 | the applicable time period shall be the period that adheres to |
| 246 | the charge as filed by information or indictment. No later than |
| 247 | 5 days after the date of filing the motion for speedy trial, the |
| 248 | court shall hold a hearing on the motion. |
| 249 | (c) A motion for speedy trial shall be granted unless it |
| 250 | is shown that: |
| 251 | 1. The failure to hold the trial is attributable to the |
| 252 | defendant, a codefendant in the same trial, or the counsel of |
| 253 | either; |
| 254 | 2. The defendant was unavailable for trial; |
| 255 | 3. The applicable time period or extension granted by the |
| 256 | court has not expired; or |
| 257 | 4. The defendant is not prepared to proceed to trial |
| 258 | within 10 days after the hearing on the motion for speedy trial. |
| 259 |
|
| 260 | If the court finds that none of the reasons set forth in this |
| 261 | paragraph exist, it shall grant the motion and order the |
| 262 | defendant brought to trial within 10 days unless the court in |
| 263 | its discretion authorizes a longer time period of up to 30 days. |
| 264 | (d) A defendant not brought to trial within the 10-day |
| 265 | period or other time period prescribed by the court, through no |
| 266 | fault of the defendant or the defendant's counsel, may file a |
| 267 | motion for dismissal under subsection (8). A person shall be |
| 268 | considered to have been brought to trial if the trial commences |
| 269 | within the required time period. For purposes of this paragraph, |
| 270 | a trial is considered commenced when the jury panel for that |
| 271 | specific trial has been sworn after voir dire examination and |
| 272 | selection or, on waiver of a jury trial, when the proceedings |
| 273 | begin before the judge. |
| 274 | (8) MOTION FOR DISMISSAL.- |
| 275 | (a) A defendant whose motion for speedy trial has been |
| 276 | granted and who has not been brought to trial pursuant to |
| 277 | subsection (7) may file a motion for dismissal of all charges |
| 278 | and of any uncharged crime arising out the same criminal |
| 279 | episode. A dismissal granted solely due to the failure to bring |
| 280 | the defendant to trial before the expiration of the applicable |
| 281 | time periods shall be without prejudice. A motion for dismissal |
| 282 | with prejudice may be ordered if the defendant filed a motion |
| 283 | requesting application of the speedy trial time periods under |
| 284 | subsection (4) and such motion was granted, and: |
| 285 | 1. The length of delay was substantially beyond the |
| 286 | applicable time periods and has materially prejudiced the |
| 287 | defendant in his or her defense. Prejudice may be established |
| 288 | where the defendant can show by clear and convincing evidence |
| 289 | that while outside applicable time period, or during any |
| 290 | extended period authorized by the court, an essential witness |
| 291 | has died or has become unavailable through no fault of the |
| 292 | defendant, the defendant's counsel, or anyone acting on behalf |
| 293 | of the defendant or his or her counsel. An essential witness |
| 294 | means a witness possessing exculpatory information that cannot |
| 295 | be provided by another witness of comparable credibility, or a |
| 296 | witness who is essential to explain, identify, or introduce |
| 297 | admissible evidence the defendant intended to introduce at |
| 298 | trial. Prejudice may also be established where the defendant can |
| 299 | show by clear and convincing evidence that exculpatory evidence |
| 300 | known to the defense during the applicable time periods has been |
| 301 | destroyed, substantially degraded, lost, or become unavailable |
| 302 | through no fault of the defendant, the defendant's counsel, or |
| 303 | anyone acting on behalf of the defendant or his or her counsel; |
| 304 | or |
| 305 | 2. The delay has otherwise constituted a substantive |
| 306 | violation of the defendant's constitutional right to a speedy |
| 307 | trial. |
| 308 |
|
| 309 | An order granting a dismissal with prejudice under this |
| 310 | paragraph must specify factual findings in support of its |
| 311 | conclusion. |
| 312 | (b)1. Charges filed by the state after a dismissal without |
| 313 | prejudice arising out the same criminal episode that was the |
| 314 | subject of dismissal may not include a new charge or any charge |
| 315 | of a higher degree that was not previously dismissed. This |
| 316 | subparagraph does not prohibit amendment of the charging |
| 317 | document as necessary to correct errors or deficiencies which do |
| 318 | not add a new charge or increase the degree of severity of a |
| 319 | charged offense. |
| 320 | 2. If a nolle prosequi is filed after the expiration of |
| 321 | the applicable time period under subsection (3) or subsection |
| 322 | (4) or provided in any court-prescribed extension, charges based |
| 323 | on the same criminal episode filed after such nolle prosequi may |
| 324 | not include any new charge or any charge of a higher degree that |
| 325 | was not previously the subject of the nolle prosequi. This |
| 326 | subparagraph does not prohibit amendment of the charging |
| 327 | document as necessary to correct errors or deficiencies which do |
| 328 | not add a new charge or increase the degree of severity of a |
| 329 | charged offense. |
| 330 | 3. A trial on refiled charges arising out of the same |
| 331 | criminal episode filed after a dismissal without prejudice or |
| 332 | after a nolle prosequi entered as described in subparagraph 2. |
| 333 | must be commenced within 60 days for a misdemeanor offense and |
| 334 | 120 days for a felony offense. If the state fails to bring the |
| 335 | defendant to trial on such refiled charges as required under |
| 336 | this subparagraph through no fault of the defendant, the |
| 337 | defendant's counsel, or anyone acting on behalf of the defendant |
| 338 | or his or her counsel, the court shall dismiss the charges with |
| 339 | prejudice. |
| 340 | (c) The state may appeal a dismissal with prejudice. |
| 341 | (9) AVAILABILITY FOR TRIAL.-A defendant is unavailable for |
| 342 | trial if the defendant or his or her counsel fails to attend a |
| 343 | proceeding at which either's presence is required by this |
| 344 | section or the defendant or his or her counsel is not ready for |
| 345 | trial on the date trial is scheduled. No presumption of |
| 346 | unavailability attaches, but if the state objects to a motion |
| 347 | for speedy trial and presents any evidence tending to show the |
| 348 | defendant's unavailability, the defendant must establish, by |
| 349 | competent proof, availability during the applicable time period. |
| 350 | (10) PRISONERS OUTSIDE JURISDICTION.-A person who is in |
| 351 | federal custody or incarcerated in a jail or correctional |
| 352 | institution outside the jurisdiction of this state or a |
| 353 | subdivision thereof is not entitled to the benefit of this |
| 354 | section until that person is returned to the jurisdiction of the |
| 355 | court in this state within which a charge is pending or within |
| 356 | which a charge is to be filed upon such person's return and |
| 357 | until written notice of the person's return is filed with the |
| 358 | court and served on the prosecutor. For such a person, the time |
| 359 | period under subsection (3) commences on the date the last act |
| 360 | required under this subsection occurs and the time period under |
| 361 | subsection (4) commences on the date an order granting a motion |
| 362 | requesting application of the speedy trial time periods is |
| 363 | entered following the completion of all acts required under this |
| 364 | subsection. If the acts required under this subsection do not |
| 365 | precede the issuance of an order granting a motion requesting |
| 366 | application of the speedy trial time periods, the order granting |
| 367 | the motion is a nullity. |
| 368 | (11) APPLICABILITY OF TIME PERIODS.-When multiple counts |
| 369 | are charged, the applicable time period is the period applicable |
| 370 | to the highest degree of offense. |
| 371 | (12) EFFECT OF MISTRIAL; APPEAL; ORDER OF NEW TRIAL.-A |
| 372 | person who is to be tried again or whose trial has been delayed |
| 373 | by an appeal by the state or the defendant shall be brought to |
| 374 | trial within 60 days in the case of a misdemeanor and within 120 |
| 375 | days in the case of a felony after the date of declaration of a |
| 376 | mistrial by the trial court, the date of an order by the trial |
| 377 | court granting a new trial, the date of an order by the trial |
| 378 | court granting a motion in arrest of judgment, or the date of |
| 379 | receipt by the trial court of a mandate, order, or notice of |
| 380 | whatever form from a reviewing court that makes possible a new |
| 381 | trial for the defendant, whichever is last in time. If a |
| 382 | defendant is not brought to trial within the prescribed time |
| 383 | period, the defendant may file a motion for speedy trial under |
| 384 | subsection (7). |
| 385 | (13) PERIOD FOR NEW OR REFILED CHARGES AFTER NO |
| 386 | INFORMATION OR NO TRUE BILL OR AFTER A TIMELY NOLLE PROSEQUI.- |
| 387 | This section does not prohibit the state from filing any |
| 388 | criminal charge after the entry of a no information or no true |
| 389 | bill at any time within the statute of limitations period for |
| 390 | such offense. This section does not prohibit the refiling of any |
| 391 | original charges or any new charges after the entry of a nolle |
| 392 | prosequi when such charges are filed within the statute of |
| 393 | limitations period for such offense, if the nolle prosequi was |
| 394 | filed before the expiration of the applicable time period under |
| 395 | subsection (3) or subsection (4) or, in the case of an extension |
| 396 | granted by the court, before the expiration of the court's |
| 397 | extended time period. The speedy trial period for new or refiled |
| 398 | charges shall be the balance of days remaining on the speedy |
| 399 | trial period of the charge or charges that were the subject of |
| 400 | the nolle prosequi or 60 days for a misdemeanor offense or 120 |
| 401 | days for a felony offense, whichever is greater. If the state |
| 402 | fails to bring the defendant to trial on such refiled charges |
| 403 | within the time periods provided under this subsection through |
| 404 | no fault of the defendant, the defendant's counsel, or anyone |
| 405 | acting on behalf of the defendant or his or her counsel, the |
| 406 | court shall dismiss the charges with prejudice. |
| 407 | Section 2. Subsection (1) of section 985.35, Florida |
| 408 | Statutes, is amended to read: |
| 409 | 985.35 Adjudicatory hearings; withheld adjudications; |
| 410 | orders of adjudication.- |
| 411 | (1) The adjudicatory hearing must be held as soon as |
| 412 | practicable after the petition alleging that a child has |
| 413 | committed a delinquent act or violation of law is filed and in |
| 414 | accordance with s. 985.36 the Florida Rules of Juvenile |
| 415 | Procedure; but reasonable delay for the purpose of |
| 416 | investigation, discovery, or procuring counsel or witnesses |
| 417 | shall be granted. If the child is being detained, the time |
| 418 | limitations in s. 985.26(2) and (3) apply. |
| 419 | Section 3. Section 985.36, Florida Statutes, is created to |
| 420 | read: |
| 421 | 985.36 Juvenile right to speedy trial.- |
| 422 | (1) TIME.-If a petition has been filed alleging a juvenile |
| 423 | to have committed a delinquent act, the juvenile shall be |
| 424 | brought to an adjudicatory hearing within 90 days after the |
| 425 | earlier of the following: |
| 426 | (a) The date the juvenile was taken into custody; or |
| 427 | (b) The date of service of the summons that is issued |
| 428 | when the petition is filed. |
| 429 | (2) EXTENSIONS OF TIME.-Extension of the time period under |
| 430 | subsection (1) may be granted under the following circumstances: |
| 431 | (a) Unexpected illness, unexpected incapacity, or |
| 432 | unforeseeable and unavoidable absence of a person whose presence |
| 433 | or testimony is uniquely necessary for a full and adequate |
| 434 | trial; |
| 435 | (b) A showing by the state that the case is so unusual and |
| 436 | so complex, because of the number of persons charged or the |
| 437 | nature of the prosecution or otherwise, that it is unreasonable |
| 438 | to expect adequate investigation or preparation within the |
| 439 | prescribed time period; |
| 440 | (c) A showing by the state that specific evidence or |
| 441 | testimony is not available despite diligent efforts to secure |
| 442 | it, but will become available within a reasonable time; |
| 443 | (d) A showing by the defense or the state of necessity for |
| 444 | delay grounded on developments that could not have been |
| 445 | anticipated and that will materially affect the trial; |
| 446 | (e) A showing that a delay is necessary to accommodate a |
| 447 | codefendant, when there is reason not to sever the cases to |
| 448 | proceed promptly with trial of the juvenile; |
| 449 | (f) A showing by the state that the juvenile has caused |
| 450 | major delay or disruption of preparation of proceedings, such as |
| 451 | by preventing the attendance of witnesses or otherwise; |
| 452 | (g) Other exceptional circumstances exist which, as a |
| 453 | matter of substantial justice to the juvenile or the state or |
| 454 | both, require an extension; |
| 455 | (h) The state and defense have signed a stipulation for an |
| 456 | extension; |
| 457 | (i) The juvenile establishes good cause to grant an |
| 458 | extension without waiving his or her right to speedy trial; or |
| 459 | (j) The court determines there exists a reasonable and |
| 460 | necessary period of delay resulting from proceedings including, |
| 461 | but not limited to: |
| 462 | 1. An examination and hearing to determine the mental |
| 463 | competency or physical ability of the juvenile to stand for the |
| 464 | adjudicatory hearing. |
| 465 | 2. Hearings on pretrial motions. |
| 466 | 3. Appeals by the state. |
| 467 | 4. Review by the state under extraordinary writ. |
| 468 | 5. Adjudicatory hearings of other pending charges against |
| 469 | the juvenile. |
| 470 | (3) WAIVER OF SPEEDY TRIAL PERIODS.-The time periods of |
| 471 | this section shall be deemed waived by the juvenile when any of |
| 472 | the following occurs: |
| 473 | (a) The juvenile moves for a continuance. |
| 474 | (b) The juvenile is unavailable for trial. |
| 475 | (c) The juvenile agrees to provide substantial assistance |
| 476 | to the state or law enforcement while his or her case is |
| 477 | pending. |
| 478 | (d) The state proves by clear and convincing evidence that |
| 479 | the juvenile has caused major delay or disruption of preparation |
| 480 | of proceedings, such as by preventing the attendance of |
| 481 | witnesses or otherwise. |
| 482 | (4) MOTION FOR SPEEDY TRIAL.- |
| 483 | (a) A motion for speedy trial may be filed after the time |
| 484 | period under subsection (1) or any period of extension granted |
| 485 | by the court has expired. |
| 486 | (b) No later than 5 days after the date of filing the |
| 487 | motion for speedy trial, the court shall hold a hearing on the |
| 488 | motion. |
| 489 | (c) A motion for speedy trial shall be granted unless it |
| 490 | is shown that: |
| 491 | 1. The failure to hold the adjudicatory hearing is |
| 492 | attributable to the juvenile, a codefendant in the same case, or |
| 493 | the counsel of either; |
| 494 | 2. The juvenile was unavailable for trial; |
| 495 | 3. The time period or extension granted by the court has |
| 496 | not expired; or |
| 497 | 4. The juvenile is not prepared to proceed to trial within |
| 498 | 10 days after the hearing on the motion for speedy trial. |
| 499 |
|
| 500 | If the court finds that none of the reasons set forth in this |
| 501 | paragraph exist, it shall grant the motion and order the |
| 502 | juvenile to be brought to an adjudicatory hearing within 10 |
| 503 | days. |
| 504 | (d) A juvenile not brought to his or her adjudicatory |
| 505 | hearing within the 10-day period, through no fault of the |
| 506 | juvenile or the juvenile's counsel, may file a motion for |
| 507 | dismissal under subsection (5). A juvenile shall be considered |
| 508 | to have been brought to his or her adjudicatory hearing if the |
| 509 | hearing commences within the required time period. For purposes |
| 510 | of this paragraph, the adjudicatory hearing is considered |
| 511 | commenced when the proceedings begin before the judge. |
| 512 | (5) MOTION FOR DISMISSAL.- |
| 513 | (a) A juvenile whose motion for speedy trial has been |
| 514 | granted and who has not been brought to an adjudicatory hearing |
| 515 | under subsection (4) may file a motion for dismissal of the |
| 516 | petition and of any uncharged delinquent act arising out the |
| 517 | same criminal episode. If the state failed to bring the juvenile |
| 518 | to an adjudicatory hearing as required under subsection (4) |
| 519 | through no fault of the juvenile or the juvenile's counsel, the |
| 520 | court may, in its discretion, dismiss the charge without |
| 521 | prejudice, or with prejudice if the court finds good cause |
| 522 | exists which warrants permanent dismissal of the petition based |
| 523 | on consideration of the following factors: |
| 524 | 1. The length of the delay. |
| 525 | 2. The circumstances and reason for the delay. |
| 526 | 3. The seriousness of the charge. |
| 527 | 4. The degree of prejudice to the defense. |
| 528 |
|
| 529 | An order dismissing a petition with prejudice under this |
| 530 | paragraph must be in writing and supported by facts which |
| 531 | support a finding that the length of the delay was unreasonable |
| 532 | and that the prejudice to the juvenile diminished his or her |
| 533 | defense in a material way. |
| 534 | (b)1. Charges filed by the state after a dismissal without |
| 535 | prejudice arising out the same criminal episode that was the |
| 536 | subject of dismissal may not include any new charge or any |
| 537 | charge of a higher degree that was not previously dismissed. |
| 538 | This subparagraph does not prohibit amendment of the petition as |
| 539 | necessary to correct errors or deficiencies which do not add a |
| 540 | new charge or increase the degree of severity of a charged |
| 541 | offense. |
| 542 | 2. If a nolle prosequi is filed after the expiration of |
| 543 | the time period specified in subsection (1), charges based on |
| 544 | the same criminal episode filed after such nolle prosequi may |
| 545 | not include any new charge or any charge of a higher degree that |
| 546 | was not previously the subject of the nolle prosequi. This |
| 547 | subparagraph does not prohibit amendment of the petition as |
| 548 | necessary to correct errors or deficiencies which do not add a |
| 549 | new charge or increase the degree of severity of a charged |
| 550 | offense. |
| 551 | 3. An adjudicatory hearing on refiled charges arising out |
| 552 | the same criminal episode filed after a dismissal without |
| 553 | prejudice or after a nolle prosequi entered as described in |
| 554 | subparagraph 2. must be commenced within 60 days. If the state |
| 555 | fails to bring the juvenile to an adjudicatory hearing on such |
| 556 | refiled charges as required under this subparagraph through no |
| 557 | fault of the juvenile or juvenile's counsel, the court shall |
| 558 | dismiss the charges with prejudice. |
| 559 | (c) The state may appeal a dismissal with prejudice. |
| 560 | (6) AVAILABILITY FOR TRIAL.-A juvenile is unavailable for |
| 561 | trial if the juvenile or his or her counsel fails to attend a |
| 562 | proceeding at which either's presence is required by this |
| 563 | section or the juvenile or his or her counsel is not ready for |
| 564 | the adjudicatory hearing on the date it is scheduled. No |
| 565 | presumption of unavailability attaches, but if the state objects |
| 566 | to a motion for speedy trial and presents any evidence tending |
| 567 | to show the juvenile's unavailability, the juvenile must |
| 568 | establish, by competent proof, availability during the time |
| 569 | period. |
| 570 | (7) INCOMPETENCY OF JUVENILE.-Upon the filing of a motion |
| 571 | to declare the juvenile incompetent, the speedy trial period |
| 572 | shall be tolled until a subsequent finding of the court that the |
| 573 | child is competent to proceed. |
| 574 | (8) EFFECT OF MISTRIAL; APPEAL; ORDER OF NEW TRIAL.-A |
| 575 | juvenile who is to have another adjudicatory hearing or whose |
| 576 | adjudicatory hearing has been delayed by an appeal by the state |
| 577 | or the defense shall be brought to an adjudicatory hearing |
| 578 | within 60 days after the date of declaration of a mistrial by |
| 579 | the trial court, the date of an order by the trial court |
| 580 | granting a new trial, the date of an order by the trial court |
| 581 | granting a motion in arrest of judgment, or the date of receipt |
| 582 | by the trial court of a mandate, order, or notice of whatever |
| 583 | form from a reviewing court that makes possible a new trial for |
| 584 | the respondent, whichever is last in time. If a juvenile is not |
| 585 | brought to an adjudicatory hearing within the prescribed time |
| 586 | period, the juvenile may file a motion for speedy trial under |
| 587 | subsection (5). |
| 588 | (9) PERIOD FOR NEW OR REFILED CHARGES AFTER NO PETITION OR |
| 589 | AFTER TIMELY NOLLE PROSEQUI.-This section does not prohibit the |
| 590 | state from filing a petition after the entry of a no petition at |
| 591 | any time within the statute of limitations period for such |
| 592 | offense if the person who is the subject of the petition remains |
| 593 | under the jurisdiction of the juvenile court the day a new |
| 594 | petition is filed. This section does not prohibit the refiling |
| 595 | of any original charges or any new charges after the entry of a |
| 596 | nolle prosequi when such charges are filed within the statute of |
| 597 | limitations period for such offense, if the nolle prosequi was |
| 598 | filed before the expiration of the time period provided in |
| 599 | subsection (1) and if the person who is the subject of the new |
| 600 | charges in the petition remains under the jurisdiction of the |
| 601 | juvenile court the day a new petition is filed. The speedy trial |
| 602 | period for new or refiled charges shall be the balance of days |
| 603 | remaining on the speedy trial period of the charge or charges |
| 604 | that were the subject of the nolle prosequi or 60 days, |
| 605 | whichever is greater. If the state fails to bring the juvenile |
| 606 | to trial on such refiled charges as required under this |
| 607 | subsection through no fault of the juvenile, the juvenile's |
| 608 | counsel, or anyone acting on behalf of the juvenile or his or |
| 609 | her counsel, the court shall dismiss the petition with |
| 610 | prejudice. |
| 611 | Section 4. Rule 3.191, Florida Rules of Criminal |
| 612 | Procedure, is repealed. |
| 613 | Section 5. Rule 8.090, Florida Rules of Juvenile Procedure |
| 614 | is repealed. |
| 615 | Section 6. This act shall take effect upon becoming law, |
| 616 | but sections 4 and 5 of this act shall take effect only if this |
| 617 | act is enacted by a two-thirds vote of the membership of each |
| 618 | house of the Legislature. |