HB 1517

1
A bill to be entitled
2An act relating to criminal trials; amending s. 918.015,
3F.S.; providing legislative findings and intent concerning
4speedy trial requirements; specifying periods for
5commencement of a trial absent a demand for a speedy
6trial; specifying periods for commencement of a trial when
7a demand for a speedy trial is made; providing grounds for
8denial of such a motion; providing for vacation of such a
9motion upon good cause; providing for extensions of time;
10providing requirements for a speedy trial motion;
11providing for dismissal of charges if a defendant is not
12brought to trial within the time period prescribed by the
13court; providing requirements for motions for dismissal;
14providing limitations on refiling of charges following a
15dismissal without prejudice; providing requirements for
16orders dismissing charges with prejudice; providing
17factors to be considered in determining whether charges
18should be dismissed with prejudice; providing for
19determination of whether a defendant is available for
20trial for purposes of speedy trial provisions; providing
21for application of provisions to prisoners outside the
22jurisdiction; providing for applicability when a defendant
23is charged with both felony and misdemeanor offenses;
24providing for the effect of appeals; providing for retrial
25after declaration of a mistrial; providing for application
26to new or refiled charges after timely nolle prosequi;
27deleting reference to a rule of the Supreme Court
28concerning speedy trials; amending s. 985.35, F.S.;
29providing that adjudicatory hearings for juveniles must be
30held in accordance with a specified statute relating to
31speedy trials rather than according to specified court
32rules; creating s. 985.36, F.S.; providing a time period
33for juvenile adjudicatory hearings; providing for
34extensions of time; providing for waiver of speedy trial
35period; providing for motions for speedy trial; providing
36for motions for dismissal; providing for dismissal of
37charges if a juvenile is not brought to trial within the
38time period prescribed by the court; providing
39requirements for motions for dismissal; providing
40limitations on refiling of charges following a dismissal
41without prejudice; providing requirements for orders
42dismissing charges with prejudice; providing factors to be
43considered in determining whether charges should be
44dismissed with prejudice; providing for determination of
45whether a juvenile is available for trial for purposes of
46speedy trial provisions; providing of tolling of speedy
47trial period during the determination of a juvenile's
48competency; providing for the effect of a declaration of a
49mistrial, an appeal, or an order for a new trial;
50providing for application to new or refiled charges after
51timely nolle prosequi; repealing Rule 3.191, Florida Rules
52of Criminal Procedure, relating to speedy trials;
53providing a contingent effective date.
54
55     WHEREAS, Section 16, Article I of the State Constitution
56and the Sixth Amendment to the United States Constitution
57provide persons accused of crimes a right to speedy trial, and
58     WHEREAS, the United States Supreme Court has explicitly
59stated that there is "no constitutional basis for holding that
60the speedy trial right can be quantified into a specified number
61of days or months." (Barker v. Wingo, 407 U.S. 514, 523 (1972)),
62and
63     WHEREAS, the Legislature finds that there is no basis in
64the State Constitution or the United States Constitution to
65permanently and forever discharge a defendant for a crime based
66solely upon the expiration of strict time limits for criminal
67prosecutions when no substantive violation of the constitutional
68right to speedy trial has occurred, and
69     WHEREAS, the Legislature finds that Rule 3.191, Florida
70Rules of Criminal Procedure, creates time periods for a speedy
71trial far stricter than necessary and that require courts to
72dismiss prosecutions against accused criminals who have suffered
73neither a violation of a constitutional right nor an unfair
74trial, and
75     WHEREAS, the Legislature finds that Rule 3.191, Florida
76Rules of Criminal Procedure, is substantive in character by
77expanding a criminal defendant's right to speedy trial to a
78right to be forever discharged from his or her crime if not
79tried within a specific number of days and to attach that right
80upon a person's arrest even where the state attorney declines to
81file formal charges pending further investigation, NOW,
82THEREFORE,
83
84Be It Enacted by the Legislature of the State of Florida:
85
86     Section 1.  Section 918.015, Florida Statutes, is amended
87to read:
88     918.015  Right to speedy trial.-
89     (1)  RIGHT.-In all criminal prosecutions the state and the
90defendant shall each have the right to a speedy trial.
91     (2)  FINDINGS; INTENT.-The Legislature finds that Rule
923.191, Florida Rules of Criminal Procedure, is substantive in
93character in every respect where it compels strict enforcement
94of time periods for prosecutions of persons accused of crimes,
95where it grants the benefits of its provisions to persons upon
96arrest or service of a notice to appear, regardless of whether
97formal charges are filed, where it continues application of the
98time limitations where the state enters a nolle prosequi of the
99charge, and where it operates to circumvent and preclude the
100filing for formal charges within the statute of limitations
101periods for appropriate offenses. To the extent that these and
102all other substantive effects of rules of court regarding the
103speedy trial of persons charged with crimes expand, alter, or
104enlarge the substantive right to speedy trial, the Legislature
105adopts the provisions of this section to govern a defendant's
106right to speedy trial. This section shall govern unless the
107Supreme Court declares this section or a provision thereof to be
108procedural. In the event the Supreme Court adopts a rule of
109procedure to replace this section, or any portion of this
110section, such rule shall neither abridge, enlarge, or modify the
111constitutional right to a speedy trial nor require a dismissal
112of the charge with prejudice where no substantive violation of
113the constitutional right to a speedy trial has occurred. It is
114the intent of the Legislature that the principles and findings
115described in this subsection similarly apply with respect to
116juveniles charged with delinquent acts and to the provisions of
117s. 985.36.
118     (3)  SPEEDY TRIAL WITHOUT DEMAND.-Except as otherwise
119provided, and subject to the limitations imposed under
120subsections (10) and (11), a person charged with a felony by
121indictment or information, or in the case of a misdemeanor by
122whatever document constitutes a formal charge, shall be brought
123to trial within the following time periods:
124     (a)  Ninety days after the filing of a misdemeanor;
125     (b)  One hundred eighty days after the filing of a first,
126second, or third degree felony;
127     (c)  Two hundred seventy five days after the filing of a
128first degree felony punishable by imprisonment for a term of
129years not exceeding life; or
130     (d)  Three hundred sixty five days if the crime charged is
131a capital felony.
132
133This subsection ceases to apply whenever a motion for demand for
134speedy trial has been granted under subsection (4) or when the
135state files a no information indicating its intent not to file
136formal charges.
137     (4)  SPEEDY TRIAL UPON DEMAND.-Except as otherwise provided
138in this section, and subject to the limitations imposed under
139subsections (10) and (11), a person charged with a felony by
140indictment or information, or in the case of a misdemeanor by
141whatever document constitutes a formal charge, may file a motion
142with the trial court for demand for speedy trial.
143     (a)  An order granting a motion for demand for speedy trial
144requires the defendant to be brought to trial within the
145following time periods:
146     1.  Sixty days after the filing of a misdemeanor;
147     2.  One hundred twenty days after the filing of a first,
148second or third degree felony;
149     3.  One hundred ninety days after the filing of a first
150degree felony punishable by imprisonment for a term of years not
151exceeding life; or
152     4.  Two hundred seventy five days if the crime charged is a
153capital felony.
154     (b)  A motion for demand for speedy trial shall be
155considered a pleading that the defendant is available for trial,
156has diligently investigated the case, and is prepared or will be
157prepared for trial within 20 days after filing the motion. If
158granted, a motion for demand for speedy trial binds the
159defendant and the state. No motion for demand for speedy trial
160shall be filed or served unless the defendant has a bona fide
161desire to obtain a trial sooner than otherwise might be
162provided.
163     (c)  A motion for demand shall be granted by the court
164unless the court determines:
165     1.  No document constituting a formal charge has been filed
166with the court;
167     2.  The defendant is not or will not be prepared for trial
168within 20 days after filing the motion; or
169     3.  The factual circumstances, seriousness, or complexity
170of the case are such that the applicable time period provided
171under this paragraph is insufficient to allow the state or
172defense adequate time to prepare the case for trial.
173     (d)  A motion for demand for speedy trial may be refiled
174after 30 days after a denial of a previous motion for demand for
175speedy trial.
176     (e)  An order granting a motion for a demand for speedy
177trial may only be vacated with consent of the state or for good
178cause shown. Good cause for vacating a demand order and granting
179subsequent requests for continuances on behalf of the defendant
180thereafter shall not include nonreadiness for trial, except as
181to matters that may arise after the motion for demand for speedy
182trial was filed and that reasonably could not have been
183anticipated by the defendant or counsel for the defendant.
184     (5)  EXTENSIONS OF TIME.-Extension of the time periods
185under subsections (3) and (4) may be granted under the following
186circumstances:
187     (a)  Unexpected illness, unexpected incapacity, or
188unforeseeable and unavoidable absence of a person whose presence
189or testimony is uniquely necessary for a full and adequate
190trial;
191     (b)  A showing by the state that the case is so unusual and
192so complex, because of the number of defendants or the nature of
193the prosecution or otherwise, that it is unreasonable to expect
194adequate investigation or preparation within the prescribed time
195periods;
196     (c)  A showing by the state that specific evidence or
197testimony is not available despite diligent efforts to secure
198it, but will become available at a later time;
199     (d)  A showing by the defendant or the state of necessity
200for delay grounded on developments that could not have been
201anticipated and that materially will affect the trial;
202     (e)  A showing that a delay is necessary to accommodate a
203codefendant, when there is reason not to sever the cases to
204proceed promptly with trial of the defendant;
205     (f)  A showing by the state that the defendant has caused
206major delay or disruption of preparation of proceedings, such as
207by preventing the attendance of witnesses or otherwise;
208     (g)  Other exceptional circumstances exist which, as a
209matter of substantial justice to the defendant or the state or
210both, require an extension;
211     (h)  The state and defense have signed a stipulation for an
212extension;
213     (i)  The defendant establishes good cause to grant an
214extension without waiving his or her right to speedy trial; or
215     (j)  The court determines there exists a reasonable and
216necessary period of delay resulting from proceedings including
217but not limited to an examination and hearing to determine the
218mental competency or physical ability of the defendant to stand
219trial, for hearings on pretrial motions, for appeals by the
220state, for DNA testing ordered on the defendant's behalf upon
221defendant's motion specifying the physical evidence to be tested
222under s. 925.12(2), and for trial of other pending criminal
223charges against the defendant.
224     (6)  WAIVER OF SPEEDY TRIAL PERIODS.-The time periods of
225this section shall be deemed waived by the defendant when any of
226the following occurs:
227     (a)  A defendant who has not filed a motion for a demand
228for speedy trial moves for a continuance.
229     (b)  A defendant who has filed a motion for demand for
230speedy trial moves for a continuance and the motion is granted.
231     (c)  The defendant is unavailable for trial.
232     (d)  The defendant agrees to provide substantial assistance
233to the state or law enforcement while his or her case is
234pending.
235     (e)  The state proves by clear and convincing evidence that
236the defendant has caused major delay or disruption of
237preparation of proceedings, such as by preventing the attendance
238of witnesses or otherwise.
239     (7)  MOTION FOR SPEEDY TRIAL.-
240     (a)  A motion for speedy trial may be filed after the time
241periods under subsections (3) or (4), or any period of extension
242granted by the court, have expired.
243     (b)  For purposes of calculating the time periods of this
244section, the filing date of the initial formal charging document
245shall be the only event which commences the running of speedy
246trial periods except as provided in subsection (10). No later
247than 5 days after the date of filing the motion for speedy
248trial, the court shall hold a hearing on the motion.
249     (c)  A motion for speedy trial shall be granted unless it
250is shown that:
251     1.  The failure to hold the trial is attributable to the
252defendant, a codefendant in the same trial, or their counsel;
253     2.  The defendant was unavailable for trial;
254     3.  The applicable time period or extension granted by the
255court has not expired; or
256     4.  The defendant is not prepared to proceed to trial
257within 10 days after the hearing on the motion for speedy trial.
258
259If the court finds that none of the reasons set forth in this
260paragraph exist, it shall grant the motion and order the
261defendant brought to trial within 10 days unless the court in
262its discretion authorizes a longer time period of up to 30 days.
263     (d)  A defendant not brought to trial within the 10-day
264period or other time period prescribed by the court, through no
265fault of the defendant or the defendant's counsel, may file a
266motion for dismissal under subsection (8). A person will be
267considered to have been brought to trial if the trial commences
268within the required time period. For purposes of this paragraph,
269a trial is considered commenced when the jury panel for that
270specific trial has been sworn after voir dire examination and
271selection or, on waiver of a jury trial, when the proceedings
272begin before the judge.
273     (8)  MOTION FOR DISMISSAL.-
274     (a)  A defendant whose motion for speedy trial has been
275granted and who has not been brought to trial pursuant to
276subsection (7) may file a motion for dismissal of all charges
277pending before the court and any uncharged crime arising out the
278same criminal episode as that before the court. A dismissal
279granted solely due to the failure to bring the defendant to
280trial before the expiration of the applicable time periods shall
281be without prejudice. A motion for dismissal with prejudice may
282be ordered if the defendant filed a motion for demand for speedy
283trial under subsection (4) and such motion was granted, and:
284     1.  The length of delay was substantially beyond the
285applicable time periods and has prejudiced the defendant in his
286or her defense. Prejudice may be established where the defendant
287can show by clear and convincing evidence that while outside
288applicable time period, or during any extended period authorized
289by the court, an essential witness has died or has become
290unavailable through no fault of the defendant, the defendant's
291counsel, or anyone acting on behalf of the defendant or his or
292her counsel. An essential witness means a witness possessing
293exculpatory information that cannot be provided by another
294witness of comparable credibility, or a witness who is essential
295to explain, identify, or introduce admissible evidence the
296defendant intended to introduce at trial. Prejudice may also be
297established where the defendant can show by clear and convincing
298evidence that exculpatory evidence known to the defense during
299the applicable time periods has been destroyed, substantially
300degraded, lost, or become unavailable through no fault of the
301defendant, the defendant's counsel, or anyone acting on behalf
302of the defendant or his or her counsel; or
303     2.  The delay has otherwise constituted a substantive
304violation of the defendant's constitutional right to a speedy
305trial.
306
307An order granting a dismissal with prejudice under this
308paragraph must specify factual findings in support of its
309conclusion.
310     (b)1.  Charges filed by the state subsequent to a dismissal
311without prejudice arising out the same criminal episode that was
312the subject of dismissal may not include a new or enhanced
313charge that was not previously dismissed. This subparagraph does
314not prohibit amendment of the charging document as necessary to
315correct errors or deficiencies which do not add a new charge or
316alter the severity or substance of the charged offense.
317     2.  If a nolle prosequi is filed after the expiration of
318the applicable time period under subsection (3) or subsection
319(4) or provided in any court-prescribed extension, charges based
320on the same criminal episode filed subsequent to such nolle
321prosequi may not include any new or enhanced charge that was not
322previously the subject of the nolle prosequi. This subparagraph
323does not prohibit amendment of the charging document as
324necessary to correct errors or deficiencies which do not add a
325new charge or alter the severity or substance of the charged
326offense.
327     3.  Refiled charges arising out of the same criminal
328episode filed subsequent to a dismissal without prejudice or
329subsequent to a nolle prosequi entered as described in
330subparagraph 2. must be commenced within 60 days for a
331misdemeanor offense and 120 days for a felony offense. If the
332state fails to bring the defendant to trial on such refiled
333charges as required under this subparagraph through no fault of
334the defendant, the defendant's counsel, or anyone acting on
335behalf of the defendant or his or her counsel, the court may in
336its discretion dismiss the charge without prejudice or with
337prejudice if the court finds good cause exists that warrants
338permanent dismissal of the charge based on consideration of the
339following factors:
340     a.  The length of the delay.
341     b.  The circumstances and reason for the delay.
342     c.  The seriousness of the charge.
343     d.  The degree of prejudice to the defense.
344
345An order dismissing a charge with prejudice under this
346subparagraph must be in writing and supported by facts which
347support findings that the length of the delay was unreasonable
348and the prejudice to the defendant diminished his or her defense
349in a material way.
350     (9)  AVAILABILITY FOR TRIAL.-A defendant is unavailable for
351trial if the defendant or his or her counsel fails to attend a
352proceeding at which either's presence is required by this
353section or the defendant or his or her counsel is not ready for
354trial on the date trial is scheduled. No presumption of
355unavailability attaches, but if the state objects to a motion
356for speedy trial and presents any evidence tending to show the
357defendant's unavailability, the defendant must establish, by
358competent proof, availability during the applicable time period.
359     (10)  PRISONERS OUTSIDE JURISDICTION.-A person who is in
360federal custody or incarcerated in a jail or correctional
361institution outside the jurisdiction of this state or a
362subdivision thereof and who is charged with a crime by
363indictment or information issued or filed under the laws of this
364state is not entitled to the benefit of this section until that
365person returns or is returned to the jurisdiction of the court
366within which the charge in this state is pending and until
367written notice of the person's return is filed with the court
368and served on the prosecutor. For these persons, the time period
369under subsection (3) commences on the date the last act required
370under this subsection occurs and the time period under
371subsection (4) commences on the date an order granting a motion
372for demand for speedy trial is entered following the completion
373of all acts required under this subsection. If the acts required
374under this subsection do not precede the issuance of an order
375granting a motion for demand for speedy trial, the order
376granting the motion for demand for speedy trial is a nullity.
377     (11)  CONSOLIDATION OF FELONY AND MISDEMEANOR.-When a
378felony and a misdemeanor are consolidated for disposition in
379circuit court, the misdemeanor shall be governed by the time
380period applicable to the felony.
381     (12)  EFFECT OF MISTRIAL; APPEAL; ORDER OF NEW TRIAL.-A
382person who is to be tried again or whose trial has been delayed
383by an appeal by the state or the defendant shall be brought to
384trial within 60 days in the case of a misdemeanor and within 120
385days in the case of a felony after the date of declaration of a
386mistrial by the trial court, the date of an order by the trial
387court granting a new trial, the date of an order by the trial
388court granting a motion in arrest of judgment, or the date of
389receipt by the trial court of a mandate, order, or notice of
390whatever form from a reviewing court that makes possible a new
391trial for the defendant, whichever is last in time. If a
392defendant is not brought to trial within the prescribed time
393period, the defendant may file a motion for speedy trial under
394subsection (7).
395     (13)  PERIOD FOR NEW OR REFILED CHARGES AFTER TIMELY NOLLE
396PROSEQUI.-This section does not prohibit the state from filing
397any criminal charge subsequent to the entry of a no information
398at any time within the statute of limitations period for such
399offense. This section does not prohibit the refiling of any
400original charges or any new charges subsequent to the entry of a
401nolle prosequi when such charges are filed within the statute of
402limitations period for such offense, if the nolle prosequi was
403filed prior to the expiration of the time periods provided in
404subsection (3) or subsection (4) or, in the case of an extension
405granted by the court, prior to the expiration of the court's
406extended time period. Filing or refiling of charges after a
407nolle prosequi prior to the expiration of the applicable time
408period on the previous charge shall restart the applicable
409speedy trial time period from the same day at which it ceased
410due to the filing of the nolle prosequi. The speedy trial period
411for such new or refiled charges shall be the balance of days
412remaining on the speedy trial period of the charge or charges
413that were the subject of the nolle prosequi The Supreme Court
414shall, by rule of said court, provide procedures through which
415the right to a speedy trial as guaranteed by subsection (1) and
416by s. 16, Art. I of the State Constitution, shall be realized.
417     Section 2.  Subsection (1) of section 985.35, Florida
418Statutes, is amended to read:
419     985.35  Adjudicatory hearings; withheld adjudications;
420orders of adjudication.-
421     (1)  The adjudicatory hearing must be held as soon as
422practicable after the petition alleging that a child has
423committed a delinquent act or violation of law is filed and in
424accordance with s. 985.36 the Florida Rules of Juvenile
425Procedure; but reasonable delay for the purpose of
426investigation, discovery, or procuring counsel or witnesses
427shall be granted. If the child is being detained, the time
428limitations in s. 985.26(2) and (3) apply.
429     Section 3.  Section 985.36, Florida Statutes, is created to
430read:
431     985.36  Juvenile right to speedy trial.-
432     (1)  TIME.-If a petition has been filed alleging a juvenile
433to have committed a delinquent act, the juvenile shall be
434brought to an adjudicatory hearing within 90 days after the
435earlier of the following:
436     (a)  The date the juvenile was taken into custody; or
437     (b)  The date of service of the summons that is issued
438when the petition is filed.
439     (2)  EXTENSIONS OF TIME.-Extension of the time period under
440subsection (1) may be granted under the following circumstances:
441     (a)  Unexpected illness, unexpected incapacity, or
442unforeseeable and unavoidable absence of a person whose presence
443or testimony is uniquely necessary for a full and adequate
444trial;
445     (b)  A showing by the state that the case is so unusual and
446so complex, because of the number of persons charged or the
447nature of the prosecution or otherwise, that it is unreasonable
448to expect adequate investigation or preparation within the
449prescribed time period;
450     (c)  A showing by the state that specific evidence or
451testimony is not available despite diligent efforts to secure
452it, but will become available at a later time;
453     (d)  A showing by the defense or the state of necessity for
454delay grounded on developments that could not have been
455anticipated and that materially will affect the trial;
456     (e)  A showing that a delay is necessary to accommodate a
457codefendant, when there is reason not to sever the cases to
458proceed promptly with trial of the juvenile;
459     (f)  A showing by the state that the juvenile has caused
460major delay or disruption of preparation of proceedings, such as
461by preventing the attendance of witnesses or otherwise.
462     (g)  Other exceptional circumstances exist which, as a
463matter of substantial justice to the juvenile or the state or
464both, require an extension;
465     (h)  The state and defense have signed a stipulation for an
466extension;
467     (i)  The juvenile establishes good cause to grant an
468extension without waiving his or her right to speedy trial; or
469     (j)  The court determines there exists a reasonable and
470necessary period of delay resulting from proceedings including
471but not limited to an examination and hearing to determine the
472mental competency or physical ability of the juvenile to stand
473for the adjudicatory hearing, for hearings on pretrial motions,
474for appeals by the state, and for adjudicatory hearings of other
475pending charges against the juvenile.
476     (3)  WAIVER OF SPEEDY TRIAL PERIODS.-The time periods of
477this section shall be deemed waived by the juvenile when any of
478the following occurs:
479     (a)  The juvenile moves for a continuance.
480     (b)  The juvenile is unavailable for trial.
481     (c)  The juvenile agrees to provide substantial assistance
482to the state or law enforcement while his or her case is
483pending.
484     (d)  The state proves by clear and convincing evidence that
485the juvenile has caused major delay or disruption of preparation
486of proceedings, such as by preventing the attendance of
487witnesses or otherwise.
488     (4)  MOTION FOR SPEEDY TRIAL.-A motion for speedy trial may
489be filed after the time period under subsection (1) or any
490period of extension granted by the court has expired. No later
491than 5 days after the date of filing the motion for speedy
492trial, the court shall hold a hearing on the motion. A motion
493for speedy trial shall be granted unless it is shown that:
494     (a)  The failure to hold the adjudicatory hearing is
495attributable to the juvenile, a codefendant in the same case, or
496their counsel;
497     (b)  The juvenile was unavailable for trial;
498     (c)  The time period or extension granted by the court has
499not expired; or
500     (d)  The juvenile is not prepared to proceed to trial
501within 10 days after the hearing on the motion for speedy trial.
502
503If the court finds that none of the reasons set forth in this
504subsection exist, it shall grant the motion and order the
505juvenile to be brought to an adjudicatory hearing within 10
506days. A juvenile not brought to his or her adjudicatory hearing
507within the 10-day period, through no fault of the juvenile or
508the juvenile's counsel, may file a motion for dismissal under
509subsection (5). A juvenile will be considered to have been
510brought to his or her adjudicatory hearing if the hearing
511commences within the required time period. For purposes of this
512subsection, the adjudicatory hearing is considered commenced
513when the proceedings begin before the judge.
514     (5)  MOTION FOR DISMISSAL.-
515     (a)  A juvenile whose motion for speedy trial has been
516granted and who has not been brought to an adjudicatory hearing
517under subsection (4) may file a motion for dismissal of the
518petition pending before the court and any uncharged delinquent
519act arising out the same criminal episode as that before the
520court. If the state failed to bring the juvenile to an
521adjudicatory hearing as required under subsection (4) through no
522fault of the juvenile or the juvenile's counsel, the court may
523in its discretion dismiss the charge without prejudice or with
524prejudice if the court finds good cause exists which warrants
525permanent dismissal of the charge based on consideration of the
526following factors:
527     1.  The length of the delay.
528     2.  The circumstances and reason for the delay.
529     3.  The seriousness of the charge.
530     4.  The degree of prejudice to the defense.
531
532An order dismissing a charge with prejudice under this paragraph
533must be in writing and supported by facts which support findings
534that the length of the delay was unreasonable and the prejudice
535to the defendant diminished his or her defense in a material
536way.
537     (b)1.  Charges filed by the state subsequent to a dismissal
538without prejudice arising out the same criminal episode that was
539the subject of dismissal may not include any new or enhanced
540charge that was not previously dismissed. This subsection does
541not prohibit amendment of the petition as necessary to correct
542errors or deficiencies which do not add a new charge or alter
543the severity or substance of the charged offense.
544     2.  If a nolle prosequi is filed after the expiration of
545the time period specified in subsection (1), charges based on
546the same criminal episode filed subsequent to such nolle
547prosequi may not include any new or enhanced charge that was not
548previously the subject of the nolle prosequi. This subsection
549does not prohibit amendment of the petition as necessary to
550correct errors or deficiencies which do not add a new charge or
551alter the severity or substance of the charged offense.
552     3.  Refiled charges arising out the same criminal episode
553filed subsequent to a dismissal without prejudice or subsequent
554to a nolle prosequi entered as described in subparagraph 2. must
555be commenced within 60 days. If the state fails to bring the
556juvenile to trial on such refiled charges as required under this
557subparagraph through no fault of the juvenile or juvenile's
558counsel, the court may in its discretion dismiss the charge
559without prejudice or with prejudice if the court finds good
560cause exists that warrants permanent dismissal of the charge
561based on consideration of the following factors:
562     a.  The length of the delay.
563     b.  The circumstances and reason for the delay.
564     c.  The seriousness of the charge.
565     d.  The degree of prejudice to the defense.
566
567An order dismissing a petition with prejudice under this
568paragraph must be in writing and supported by facts which
569support findings that the length of the delay was unreasonable
570and the prejudice to the juvenile diminished his or her defense
571in a material way.
572     (6)  AVAILABILITY FOR TRIAL.-A juvenile is unavailable for
573trial if the juvenile or his or her counsel fails to attend a
574proceeding at which either's presence is required by this
575section, or the juvenile or his or her counsel is not ready for
576the adjudicatory hearing on the date it is scheduled. No
577presumption of unavailability attaches, but if the state objects
578to a motion for speedy trial and presents any evidence tending
579to show the juvenile's unavailability, the juvenile must
580establish, by competent proof, availability during the time
581period.
582     (7)  INCOMPETENCY OF JUVENILE.-Upon the filing of a motion
583to declare the juvenile incompetent, the speedy trial period
584shall be tolled until a subsequent finding of the court that the
585child is competent to proceed.
586     (8)  EFFECT OF MISTRIAL; APPEAL; ORDER OF NEW TRIAL.-A
587juvenile who is to have another adjudicatory hearing or whose
588adjudicatory hearing has been delayed by an appeal by the state
589or the defense shall be brought to an adjudicatory hearing
590within 60 days after the date of declaration of a mistrial by
591the trial court, the date of an order by the trial court
592granting a new trial, the date of an order by the trial court
593granting a motion in arrest of judgment, or the date of receipt
594by the trial court of a mandate, order, or notice of whatever
595form from a reviewing court that makes possible a new trial for
596the respondent, whichever is last in time. If a juvenile is not
597brought to an adjudicatory hearing within the prescribed time
598period, the juvenile may file a motion for speedy trial under
599subsection (5).
600     (9)  PERIOD FOR NEW OR REFILED CHARGES AFTER TIMELY NOLLE
601PROSEQUI.-This section does not prohibit the state from filing a
602petition subsequent to the entry of a no petition at any time
603within the statute of limitations period for such offense if the
604person who is the subject of the petition remains under the
605jurisdiction of the juvenile court the day a new petition is
606filed. This section does not prohibit the refiling of any
607original charges or any new charges subsequent to the entry of a
608nolle prosequi when such charges are filed within the statute of
609limitations period for such offense, if the nolle prosequi was
610filed prior to the expiration of the time period provided in
611subsection (1) and if the person who is the subject of the new
612charges in the petition remains under the jurisdiction of the
613juvenile court the day a new petition is filed. Filing or
614refiling of charges after a nolle prosequi prior to the
615expiration of the applicable time period on the previous charge
616shall restart the speedy trial time period from the same day at
617which it ceased due to the filing of the nolle prosequi. The
618speedy trial period for such new or refiled charges shall be the
619balance of days remaining on the speedy trial period of the
620charge or charges that were the subject of the nolle prosequi.
621     Section 4.  Rule 3.191, Florida Rules of Criminal
622Procedure, is repealed.
623     Section 5.  This act shall take effect October 1, 2010, but
624section 4 of this act shall take effect only if this act is
625enacted by a two-thirds vote of the membership of each house of
626the Legislature.


CODING: Words stricken are deletions; words underlined are additions.