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 |
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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 |
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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 |
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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. |