CS/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 request for application
6of the speedy trial time periods; specifying periods for
7commencement of a trial when a request for application of
8speedy trial periods is made; providing grounds for denial
9of such a motion; providing for vacation of such a motion
10upon good cause; providing for extensions of time;
11providing for waiver of speedy trial periods; providing
12requirements for a speedy trial motion; providing for
13dismissal of charges if a defendant is not brought to
14trial within the time period prescribed by the court;
15providing requirements for motions for dismissal;
16providing limitations on refiling of charges following a
17dismissal without prejudice; providing for determination
18of whether a defendant is available for trial for purposes
19of speedy trial provisions; providing for application of
20provisions to prisoners outside the jurisdiction;
21providing for applicability when multiple counts are
22charged; providing for applicability when a defendant is
23charged with more than one felony; providing for the
24effect of appeals; providing for retrial after declaration
25of a mistrial; providing for application to new or refiled
26charges after entry of certain entries; deleting reference
27to a rule of the Supreme Court concerning speedy trials;
28amending s. 985.35, F.S.; providing that adjudicatory
29hearings for juveniles must be held in accordance with a
30specified statute relating to speedy trials rather than
31according to specified court rules; creating s. 985.36,
32F.S.; providing a time period for juvenile adjudicatory
33hearings; providing for extensions of time; providing for
34waiver of speedy trial period; providing for motions for
35speedy trial; providing for motions for dismissal;
36providing for dismissal of charges if a juvenile is not
37brought to trial within the time period prescribed by the
38court; providing requirements for motions for dismissal;
39providing limitations on refiling of charges following a
40dismissal without prejudice; providing requirements for
41orders dismissing charges with prejudice; providing
42factors to be considered in determining whether charges
43should be dismissed with prejudice; providing for
44determination of whether a juvenile is available for trial
45for purposes of speedy trial provisions; providing of
46tolling of speedy trial period during the determination of
47a juvenile's competency; providing for the effect of a
48declaration of a mistrial, an appeal, or an order for a
49new trial; providing for application to new or refiled
50charges after timely nolle prosequi; repealing Rule 3.191,
51Florida Rules of Criminal Procedure, relating to speedy
52trials; repealing Rule 8.090, Florida Rules of Juvenile
53Procedure, relating to speedy trials in juvenile
54proceedings; providing a contingent effective date.
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  Section 918.015, Florida Statutes, is amended
59to read:
60     918.015  Right to speedy trial.-
61     (1)  RIGHT.-In all criminal prosecutions the state and the
62defendant shall each have the right to a speedy trial.
63     (2)  FINDINGS; INTENT.-The Legislature finds that Rule
643.191, Florida Rules of Criminal Procedure, is substantive in
65character in every respect where it compels strict enforcement
66of time periods for prosecutions of persons accused of crimes,
67where it grants the benefits of its provisions to persons upon
68arrest or service of a notice to appear, regardless of whether
69formal charges are filed, where it continues application of the
70time limitations where the state enters a nolle prosequi of the
71charge, and where it operates to circumvent and preclude the
72filing for formal charges within the statute of limitations
73periods for appropriate offenses. To the extent that these and
74all other substantive effects of rules of court regarding the
75speedy trial of persons charged with crimes expand, alter, or
76enlarge the constitutional right to speedy trial, the
77Legislature adopts the provisions of this section to govern a
78defendant's right to speedy trial. This section shall govern
79unless the Supreme Court declares this section or a provision
80thereof to be procedural. To the extent any provision of this
81section is found procedural, all remaining provisions shall
82supersede any court rule in conflict with such remaining
83substantive provisions. If the Supreme Court adopts a rule of
84procedure to replace this section, or any portion of this
85section, such rule shall neither abridge, enlarge, or modify the
86constitutional right to a speedy trial nor require a dismissal
87of the charge with prejudice where no substantive violation of
88the constitutional right to a speedy trial has occurred. It is
89the intent of the Legislature that the principles and findings
90described in this subsection similarly apply with respect to
91juveniles charged with delinquent acts and to the provisions of
92s. 985.36. The Supreme Court shall, by rule of said court,
93provide procedures through which the right to a speedy trial as
94guaranteed by subsection (1) and by s. 16, Art. I of the State
95Constitution, shall be realized.
96     (3)  SPEEDY TRIAL GENERAL PROVISIONS.-Except as otherwise
97provided, and subject to the limitations imposed under
98subsections (10) and (11), a person charged with a felony by
99indictment or information, or in the case of a misdemeanor by
100whatever document constitutes a formal charge, shall be brought
101to 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
104of the first, second, or third degree;
105     (c)  Two hundred seventy-five days after the filing of a
106felony of the first degree punishable by imprisonment for a term
107of years not exceeding life or a life felony; or
108     (d)  Three hundred sixty-five days after the filing of a
109capital felony.
110
111This subsection does not apply whenever a motion requesting
112application of the speedy trial time periods has been granted
113under subsection (4) or when the state files a no information
114indicating its intent not to file formal charges.
115     (4)  REQUEST FOR SPEEDY TRIAL TIME PERIODS.-Except as
116otherwise provided in this section, and subject to the
117limitations imposed under subsections (10) and (11), a person
118charged with a felony by indictment or information, or in the
119case of a misdemeanor by whatever document constitutes a formal
120charge, may file a motion with the trial court requesting
121application of the speedy trial time periods under this
122subsection.
123     (a)  An order granting a motion under this subsection
124requires the defendant to be brought to trial within the
125following time periods:
126     1.  Sixty days after the date of an order granting the
127motion for a misdemeanor;
128     2.  One hundred twenty days after the date of an order
129granting the motion for a felony of the first, second, or third
130degree;
131     3.  One hundred ninety days after the date of an order
132granting the motion for a felony of the first degree punishable
133by imprisonment for a term of years not exceeding life or a life
134felony; or
135     4.  Two hundred seventy-five days after the date of an
136order granting the motion for a capital felony.
137     (b)  A motion requesting application of the speedy trial
138time periods shall be considered a pleading that the defendant
139is available for trial, has diligently investigated the case,
140and is prepared or will be prepared for trial within 20 days
141after filing the motion. If granted, the motion binds the
142defendant and the state. No motion requesting application of the
143speedy trial time periods shall be filed or served unless the
144defendant has a bona fide desire to obtain a trial sooner than
145otherwise might be provided.
146     (c)  A motion requesting application of the speedy trial
147time periods shall be granted by the court unless the court
148determines:
149     1.  No document constituting a formal charge has been filed
150with the court;
151     2.  The defendant is not or will not be prepared for trial
152within 20 days after filing the motion; or
153     3.  The factual circumstances, seriousness, or complexity
154of the case is such that the applicable time period provided
155under this subsection is insufficient to allow the state or
156defense adequate time to prepare the case for trial.
157     (d)  A motion requesting application of the speedy trial
158time periods may be refiled not less than 30 days after a denial
159of a previous motion requesting application of the speedy trial
160time periods.
161     (e)  An order granting a motion requesting application of
162the speedy trial time periods may only be vacated with consent
163of the state or for good cause shown. Good cause for vacating an
164order granted under this subsection and granting subsequent
165requests for continuances on behalf of the defendant thereafter
166shall not include nonreadiness for trial, except as to matters
167that may arise after the motion requesting application of the
168speedy trial time periods was filed and that reasonably could
169not have been anticipated by the defendant or counsel for the
170defendant.
171     (5)  EXTENSIONS OF TIME.-Extension of the time periods
172under subsections (3) and (4) may be granted under the following
173circumstances:
174     (a)  Unexpected illness, unexpected incapacity, or
175unforeseeable and unavoidable absence of a person whose presence
176or testimony is uniquely necessary for a full and adequate
177trial;
178     (b)  A showing by the state that the case is so unusual and
179so complex, because of the number of defendants or the nature of
180the prosecution or otherwise, that it is unreasonable to expect
181adequate investigation or preparation within the prescribed time
182periods;
183     (c)  A showing by the state that specific evidence or
184testimony is not available despite diligent efforts to secure
185it, but will become available within a reasonable time;
186     (d)  A showing by the defendant or the state of necessity
187for delay grounded on developments that could not have been
188anticipated and that will materially affect the trial;
189     (e)  A showing that a delay is necessary to accommodate a
190codefendant, when there is reason not to sever the cases to
191proceed promptly with trial of the defendant;
192     (f)  A showing by the state that the defendant has caused
193major delay or disruption of preparation of proceedings, such as
194preventing the attendance of witnesses or otherwise;
195     (g)  Other exceptional circumstances exist which, as a
196matter of substantial justice to the defendant or the state or
197both, require an extension;
198     (h)  The state and defense have signed a stipulation for an
199extension;
200     (i)  The defendant establishes good cause to grant an
201extension without waiving his or her right to speedy trial; or
202     (j)  The court determines there exists a reasonable and
203necessary period of delay resulting from proceedings including,
204but not limited to:
205     1.  An examination and hearing to determine the mental
206competency 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
211defendant's motion specifying the physical evidence to be tested
212under s. 925.12(2).
213     6.  Trial of other pending criminal charges against the
214defendant.
215     (6)  WAIVER OF SPEEDY TRIAL PERIODS.-The time periods of
216this section shall be deemed waived by the defendant when any of
217the following occurs:
218     (a)  A defendant who has not filed a motion requesting
219application of the speedy trial time periods under subsection
220(4) moves for a continuance.
221     (b)  A defendant who has filed a motion requesting
222application 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
226to the state or law enforcement while his or her case is
227pending.
228     (e)  The state proves by clear and convincing evidence that
229the defendant has caused major delay or disruption of
230preparation of proceedings, such as preventing the attendance of
231witnesses or otherwise.
232     (7)  MOTION FOR SPEEDY TRIAL.-
233     (a)  A motion for speedy trial may be filed after the
234applicable time period under subsection (3) or subsection (4),
235or any period of extension granted by the court, has expired.
236     (b)  For purposes of calculating the time periods of this
237section, the filing date of the initial formal charging document
238shall be the only event which commences the running of speedy
239trial periods except as provided in subsections (4) and (10). If
240an information or indictment is filed in lieu of charges
241initially brought by citation, notice to appear, or any other
242document that serves as a charging document, the time period
243shall commence from the date of filing of the citation, notice
244to appear, or other document serving as a charging document, but
245the applicable time period shall be the period that adheres to
246the charge as filed by information or indictment. No later than
2475 days after the date of filing the motion for speedy trial, the
248court 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 the counsel of
253either;
254     2.  The defendant was unavailable for trial;
255     3.  The applicable time period or extension granted by the
256court has not expired; or
257     4.  The defendant is not prepared to proceed to trial
258within 10 days after the hearing on the motion for speedy trial.
259
260If the court finds that none of the reasons set forth in this
261paragraph exist, it shall grant the motion and order the
262defendant brought to trial within 10 days unless the court in
263its discretion authorizes a longer time period of up to 30 days.
264     (d)  A defendant not brought to trial within the 10-day
265period or other time period prescribed by the court, through no
266fault of the defendant or the defendant's counsel, may file a
267motion for dismissal under subsection (8). A person shall be
268considered to have been brought to trial if the trial commences
269within the required time period. For purposes of this paragraph,
270a trial is considered commenced when the jury panel for that
271specific trial has been sworn after voir dire examination and
272selection or, on waiver of a jury trial, when the proceedings
273begin before the judge.
274     (8)  MOTION FOR DISMISSAL.-
275     (a)  A defendant whose motion for speedy trial has been
276granted and who has not been brought to trial pursuant to
277subsection (7) may file a motion for dismissal of all charges
278and of any uncharged crime arising out the same criminal
279episode. A dismissal granted solely due to the failure to bring
280the defendant to trial before the expiration of the applicable
281time periods shall be without prejudice. A motion for dismissal
282with prejudice may be ordered if the defendant filed a motion
283requesting application of the speedy trial time periods under
284subsection (4) and such motion was granted, and:
285     1.  The length of delay was substantially beyond the
286applicable time periods and has materially prejudiced the
287defendant in his or her defense. Prejudice may be established
288where the defendant can show by clear and convincing evidence
289that while outside applicable time period, or during any
290extended period authorized by the court, an essential witness
291has died or has become unavailable through no fault of the
292defendant, the defendant's counsel, or anyone acting on behalf
293of the defendant or his or her counsel. An essential witness
294means a witness possessing exculpatory information that cannot
295be provided by another witness of comparable credibility, or a
296witness who is essential to explain, identify, or introduce
297admissible evidence the defendant intended to introduce at
298trial. Prejudice may also be established where the defendant can
299show by clear and convincing evidence that exculpatory evidence
300known to the defense during the applicable time periods has been
301destroyed, substantially degraded, lost, or become unavailable
302through no fault of the defendant, the defendant's counsel, or
303anyone acting on behalf of the defendant or his or her counsel;
304or
305     2.  The delay has otherwise constituted a substantive
306violation of the defendant's constitutional right to a speedy
307trial.
308
309An order granting a dismissal with prejudice under this
310paragraph must specify factual findings in support of its
311conclusion.
312     (b)1.  Charges filed by the state after a dismissal without
313prejudice arising out the same criminal episode that was the
314subject of dismissal may not include a new charge or any charge
315of a higher degree that was not previously dismissed. This
316subparagraph does not prohibit amendment of the charging
317document as necessary to correct errors or deficiencies which do
318not add a new charge or increase the degree of severity of a
319charged offense.
320     2.  If a nolle prosequi is filed after the expiration of
321the applicable time period under subsection (3) or subsection
322(4) or provided in any court-prescribed extension, charges based
323on the same criminal episode filed after such nolle prosequi may
324not include any new charge or any charge of a higher degree that
325was not previously the subject of the nolle prosequi. This
326subparagraph does not prohibit amendment of the charging
327document as necessary to correct errors or deficiencies which do
328not add a new charge or increase the degree of severity of a
329charged offense.
330     3.  A trial on refiled charges arising out of the same
331criminal episode filed after a dismissal without prejudice or
332after a nolle prosequi entered as described in subparagraph 2.
333must be commenced within 60 days for a misdemeanor offense and
334120 days for a felony offense. If the state fails to bring the
335defendant to trial on such refiled charges as required under
336this subparagraph through no fault of the defendant, the
337defendant's counsel, or anyone acting on behalf of the defendant
338or his or her counsel, the court shall dismiss the charges with
339prejudice.
340     (c)  The state may appeal a dismissal with prejudice.
341     (9)  AVAILABILITY FOR TRIAL.-A defendant is unavailable for
342trial if the defendant or his or her counsel fails to attend a
343proceeding at which either's presence is required by this
344section or the defendant or his or her counsel is not ready for
345trial on the date trial is scheduled. No presumption of
346unavailability attaches, but if the state objects to a motion
347for speedy trial and presents any evidence tending to show the
348defendant's unavailability, the defendant must establish, by
349competent proof, availability during the applicable time period.
350     (10)  PRISONERS OUTSIDE JURISDICTION.-A person who is in
351federal custody or incarcerated in a jail or correctional
352institution outside the jurisdiction of this state or a
353subdivision thereof is not entitled to the benefit of this
354section until that person is returned to the jurisdiction of the
355court in this state within which a charge is pending or within
356which a charge is to be filed upon such person's return and
357until written notice of the person's return is filed with the
358court and served on the prosecutor. For such a person, the time
359period under subsection (3) commences on the date the last act
360required under this subsection occurs and the time period under
361subsection (4) commences on the date an order granting a motion
362requesting application of the speedy trial time periods is
363entered following the completion of all acts required under this
364subsection. If the acts required under this subsection do not
365precede the issuance of an order granting a motion requesting
366application of the speedy trial time periods, the order granting
367the motion is a nullity.
368     (11)  APPLICABILITY OF TIME PERIODS.-When multiple counts
369are charged, the applicable time period is the period applicable
370to the highest degree of offense.
371     (12)  EFFECT OF MISTRIAL; APPEAL; ORDER OF NEW TRIAL.-A
372person who is to be tried again or whose trial has been delayed
373by an appeal by the state or the defendant shall be brought to
374trial within 60 days in the case of a misdemeanor and within 120
375days in the case of a felony after the date of declaration of a
376mistrial by the trial court, the date of an order by the trial
377court granting a new trial, the date of an order by the trial
378court granting a motion in arrest of judgment, or the date of
379receipt by the trial court of a mandate, order, or notice of
380whatever form from a reviewing court that makes possible a new
381trial for the defendant, whichever is last in time. If a
382defendant is not brought to trial within the prescribed time
383period, the defendant may file a motion for speedy trial under
384subsection (7).
385     (13)  PERIOD FOR NEW OR REFILED CHARGES AFTER NO
386INFORMATION OR NO TRUE BILL OR AFTER A TIMELY NOLLE PROSEQUI.-
387This section does not prohibit the state from filing any
388criminal charge after the entry of a no information or no true
389bill at any time within the statute of limitations period for
390such offense. This section does not prohibit the refiling of any
391original charges or any new charges after the entry of a nolle
392prosequi when such charges are filed within the statute of
393limitations period for such offense, if the nolle prosequi was
394filed before the expiration of the applicable time period under
395subsection (3) or subsection (4) or, in the case of an extension
396granted by the court, before the expiration of the court's
397extended time period. The speedy trial period for new or refiled
398charges shall be the balance of days remaining on the speedy
399trial period of the charge or charges that were the subject of
400the nolle prosequi or 60 days for a misdemeanor offense or 120
401days for a felony offense, whichever is greater. If the state
402fails to bring the defendant to trial on such refiled charges
403within the time periods provided under this subsection through
404no fault of the defendant, the defendant's counsel, or anyone
405acting on behalf of the defendant or his or her counsel, the
406court shall dismiss the charges with prejudice.
407     Section 2.  Subsection (1) of section 985.35, Florida
408Statutes, is amended to read:
409     985.35  Adjudicatory hearings; withheld adjudications;
410orders of adjudication.-
411     (1)  The adjudicatory hearing must be held as soon as
412practicable after the petition alleging that a child has
413committed a delinquent act or violation of law is filed and in
414accordance with s. 985.36 the Florida Rules of Juvenile
415Procedure; but reasonable delay for the purpose of
416investigation, discovery, or procuring counsel or witnesses
417shall be granted. If the child is being detained, the time
418limitations in s. 985.26(2) and (3) apply.
419     Section 3.  Section 985.36, Florida Statutes, is created to
420read:
421     985.36  Juvenile right to speedy trial.-
422     (1)  TIME.-If a petition has been filed alleging a juvenile
423to have committed a delinquent act, the juvenile shall be
424brought to an adjudicatory hearing within 90 days after the
425earlier 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
428when the petition is filed.
429     (2)  EXTENSIONS OF TIME.-Extension of the time period under
430subsection (1) may be granted under the following circumstances:
431     (a)  Unexpected illness, unexpected incapacity, or
432unforeseeable and unavoidable absence of a person whose presence
433or testimony is uniquely necessary for a full and adequate
434trial;
435     (b)  A showing by the state that the case is so unusual and
436so complex, because of the number of persons charged or the
437nature of the prosecution or otherwise, that it is unreasonable
438to expect adequate investigation or preparation within the
439prescribed time period;
440     (c)  A showing by the state that specific evidence or
441testimony is not available despite diligent efforts to secure
442it, but will become available within a reasonable time;
443     (d)  A showing by the defense or the state of necessity for
444delay grounded on developments that could not have been
445anticipated and that will materially affect the trial;
446     (e)  A showing that a delay is necessary to accommodate a
447codefendant, when there is reason not to sever the cases to
448proceed promptly with trial of the juvenile;
449     (f)  A showing by the state that the juvenile has caused
450major delay or disruption of preparation of proceedings, such as
451by preventing the attendance of witnesses or otherwise;
452     (g)  Other exceptional circumstances exist which, as a
453matter of substantial justice to the juvenile or the state or
454both, require an extension;
455     (h)  The state and defense have signed a stipulation for an
456extension;
457     (i)  The juvenile establishes good cause to grant an
458extension without waiving his or her right to speedy trial; or
459     (j)  The court determines there exists a reasonable and
460necessary period of delay resulting from proceedings including,
461but not limited to:
462     1.  An examination and hearing to determine the mental
463competency or physical ability of the juvenile to stand for the
464adjudicatory 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
469the juvenile.
470     (3)  WAIVER OF SPEEDY TRIAL PERIODS.-The time periods of
471this section shall be deemed waived by the juvenile when any of
472the 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
476to the state or law enforcement while his or her case is
477pending.
478     (d)  The state proves by clear and convincing evidence that
479the juvenile has caused major delay or disruption of preparation
480of proceedings, such as by preventing the attendance of
481witnesses or otherwise.
482     (4)  MOTION FOR SPEEDY TRIAL.-
483     (a)  A motion for speedy trial may be filed after the time
484period under subsection (1) or any period of extension granted
485by the court has expired.
486     (b)  No later than 5 days after the date of filing the
487motion for speedy trial, the court shall hold a hearing on the
488motion.
489     (c)  A motion for speedy trial shall be granted unless it
490is shown that:
491     1.  The failure to hold the adjudicatory hearing is
492attributable to the juvenile, a codefendant in the same case, or
493the counsel of either;
494     2.  The juvenile was unavailable for trial;
495     3.  The time period or extension granted by the court has
496not expired; or
497     4.  The juvenile is not prepared to proceed to trial within
49810 days after the hearing on the motion for speedy trial.
499
500If the court finds that none of the reasons set forth in this
501paragraph exist, it shall grant the motion and order the
502juvenile to be brought to an adjudicatory hearing within 10
503days.
504     (d)  A juvenile not brought to his or her adjudicatory
505hearing within the 10-day period, through no fault of the
506juvenile or the juvenile's counsel, may file a motion for
507dismissal under subsection (5). A juvenile shall be considered
508to have been brought to his or her adjudicatory hearing if the
509hearing commences within the required time period. For purposes
510of this paragraph, the adjudicatory hearing is considered
511commenced when the proceedings begin before the judge.
512     (5)  MOTION FOR DISMISSAL.-
513     (a)  A juvenile whose motion for speedy trial has been
514granted and who has not been brought to an adjudicatory hearing
515under subsection (4) may file a motion for dismissal of the
516petition and of any uncharged delinquent act arising out the
517same criminal episode. If the state failed to bring the juvenile
518to an adjudicatory hearing as required under subsection (4)
519through no fault of the juvenile or the juvenile's counsel, the
520court may, in its discretion, dismiss the charge without
521prejudice, or with prejudice if the court finds good cause
522exists which warrants permanent dismissal of the petition based
523on 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
529An order dismissing a petition with prejudice under this
530paragraph must be in writing and supported by facts which
531support a finding that the length of the delay was unreasonable
532and that the prejudice to the juvenile diminished his or her
533defense in a material way.
534     (b)1.  Charges filed by the state after a dismissal without
535prejudice arising out the same criminal episode that was the
536subject of dismissal may not include any new charge or any
537charge of a higher degree that was not previously dismissed.
538This subparagraph does not prohibit amendment of the petition as
539necessary to correct errors or deficiencies which do not add a
540new charge or increase the degree of severity of a charged
541offense.
542     2.  If a nolle prosequi is filed after the expiration of
543the time period specified in subsection (1), charges based on
544the same criminal episode filed after such nolle prosequi may
545not include any new charge or any charge of a higher degree that
546was not previously the subject of the nolle prosequi. This
547subparagraph does not prohibit amendment of the petition as
548necessary to correct errors or deficiencies which do not add a
549new charge or increase the degree of severity of a charged
550offense.
551     3.  An adjudicatory hearing on refiled charges arising out
552the same criminal episode filed after a dismissal without
553prejudice or after a nolle prosequi entered as described in
554subparagraph 2. must be commenced within 60 days. If the state
555fails to bring the juvenile to an adjudicatory hearing on such
556refiled charges as required under this subparagraph through no
557fault of the juvenile or juvenile's counsel, the court shall
558dismiss the charges with prejudice.
559     (c)  The state may appeal a dismissal with prejudice.
560     (6)  AVAILABILITY FOR TRIAL.-A juvenile is unavailable for
561trial if the juvenile or his or her counsel fails to attend a
562proceeding at which either's presence is required by this
563section or the juvenile or his or her counsel is not ready for
564the adjudicatory hearing on the date it is scheduled. No
565presumption of unavailability attaches, but if the state objects
566to a motion for speedy trial and presents any evidence tending
567to show the juvenile's unavailability, the juvenile must
568establish, by competent proof, availability during the time
569period.
570     (7)  INCOMPETENCY OF JUVENILE.-Upon the filing of a motion
571to declare the juvenile incompetent, the speedy trial period
572shall be tolled until a subsequent finding of the court that the
573child is competent to proceed.
574     (8)  EFFECT OF MISTRIAL; APPEAL; ORDER OF NEW TRIAL.-A
575juvenile who is to have another adjudicatory hearing or whose
576adjudicatory hearing has been delayed by an appeal by the state
577or the defense shall be brought to an adjudicatory hearing
578within 60 days after the date of declaration of a mistrial by
579the trial court, the date of an order by the trial court
580granting a new trial, the date of an order by the trial court
581granting a motion in arrest of judgment, or the date of receipt
582by the trial court of a mandate, order, or notice of whatever
583form from a reviewing court that makes possible a new trial for
584the respondent, whichever is last in time. If a juvenile is not
585brought to an adjudicatory hearing within the prescribed time
586period, the juvenile may file a motion for speedy trial under
587subsection (5).
588     (9)  PERIOD FOR NEW OR REFILED CHARGES AFTER NO PETITION OR
589AFTER TIMELY NOLLE PROSEQUI.-This section does not prohibit the
590state from filing a petition after the entry of a no petition at
591any time within the statute of limitations period for such
592offense if the person who is the subject of the petition remains
593under the jurisdiction of the juvenile court the day a new
594petition is filed. This section does not prohibit the refiling
595of any original charges or any new charges after the entry of a
596nolle prosequi when such charges are filed within the statute of
597limitations period for such offense, if the nolle prosequi was
598filed before the expiration of the time period provided in
599subsection (1) and if the person who is the subject of the new
600charges in the petition remains under the jurisdiction of the
601juvenile court the day a new petition is filed. The speedy trial
602period for new or refiled charges shall be the balance of days
603remaining on the speedy trial period of the charge or charges
604that were the subject of the nolle prosequi or 60 days,
605whichever is greater. If the state fails to bring the juvenile
606to trial on such refiled charges as required under this
607subsection through no fault of the juvenile, the juvenile's
608counsel, or anyone acting on behalf of the juvenile or his or
609her counsel, the court shall dismiss the petition with
610prejudice.
611     Section 4.  Rule 3.191, Florida Rules of Criminal
612Procedure, is repealed.
613     Section 5.  Rule 8.090, Florida Rules of Juvenile Procedure
614is repealed.
615     Section 6.  This act shall take effect upon becoming law,
616but sections 4 and 5 of this act shall take effect only if this
617act is enacted by a two-thirds vote of the membership of each
618house of the Legislature.


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