CS/HB 1517

1
A bill to be entitled
2An act relating to criminal trials; providing a short
3title; amending s. 918.015, F.S.; providing legislative
4findings and intent concerning speedy trial requirements;
5specifying periods for commencement of a trial absent a
6request for application of the speedy trial time periods;
7specifying periods for commencement of a trial when a
8request for application of speedy trial periods is made;
9providing grounds for denial of such a motion; providing
10for vacation of such a motion upon good cause; providing
11for extensions of time; providing for waiver of speedy
12trial periods; providing requirements for a speedy trial
13motion; providing for dismissal of charges if a defendant
14is not brought to trial within the time period prescribed
15by the court; providing requirements for motions for
16dismissal; providing limitations on refiling of charges
17following a dismissal without prejudice; providing for
18determination of whether a defendant is available for
19trial for purposes of speedy trial provisions; providing
20for application of provisions to prisoners outside the
21jurisdiction; providing for applicability when multiple
22counts are charged; providing for applicability when a
23defendant is charged with more than one felony; providing
24for the effect of appeals; providing for retrial after
25declaration of a mistrial; providing for application to
26new or refiled charges after entry of certain entries;
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;
53repealing Rule 8.090, Florida Rules of Juvenile Procedure,
54relating to speedy trials in juvenile proceedings;
55providing a contingent effective date.
56
57Be It Enacted by the Legislature of the State of Florida:
58
59     Section 1.  This act may be cited as the "Raymond L. Marky
60Speedy Trial Reform Act."
61     Section 2.  Section 918.015, Florida Statutes, is amended
62to read:
63     918.015  Right to speedy trial.-
64     (1)  RIGHT.-In all criminal prosecutions the state and the
65defendant shall each have the right to a speedy trial.
66     (2)  FINDINGS; INTENT.-The Legislature finds that Rule
673.191, Florida Rules of Criminal Procedure, is substantive in
68character in every respect where it compels strict enforcement
69of time periods for prosecutions of persons accused of crimes,
70where it grants the benefits of its provisions to persons upon
71arrest or service of a notice to appear, regardless of whether
72formal charges are filed, where it continues application of the
73time limitations where the state enters a nolle prosequi of the
74charge, and where it operates to circumvent and preclude the
75filing for formal charges within the statute of limitations
76periods for appropriate offenses. To the extent that these and
77all other substantive effects of rules of court regarding the
78speedy trial of persons charged with crimes expand, alter, or
79enlarge the constitutional right to speedy trial, the
80Legislature adopts the provisions of this section to govern a
81defendant's right to speedy trial. This section shall govern
82unless the Supreme Court declares this section or a provision
83thereof to be procedural. To the extent any provision of this
84section is found procedural, all remaining provisions shall
85supersede any court rule in conflict with such remaining
86substantive provisions. If the Supreme Court adopts a rule of
87procedure to replace this section, or any portion of this
88section, such rule shall neither abridge, enlarge, or modify the
89constitutional right to a speedy trial nor require a dismissal
90of the charge with prejudice where no substantive violation of
91the constitutional right to a speedy trial has occurred. It is
92the intent of the Legislature that the principles and findings
93described in this subsection similarly apply with respect to
94juveniles charged with delinquent acts and to the provisions of
95s. 985.36. The Supreme Court shall, by rule of said court,
96provide procedures through which the right to a speedy trial as
97guaranteed by subsection (1) and by s. 16, Art. I of the State
98Constitution, shall be realized.
99     (3)  SPEEDY TRIAL GENERAL PROVISIONS.-Except as otherwise
100provided, and subject to the limitations imposed under
101subsections (10) and (11), a person charged with a felony by
102indictment or information, or in the case of a misdemeanor by
103whatever document constitutes a formal charge, shall be brought
104to trial within the following time periods:
105     (a)  Ninety days after the filing of a misdemeanor;
106     (b)  One hundred eighty days after the filing of a felony
107of the first, second, or third degree;
108     (c)  Two hundred seventy-five days after the filing of a
109felony of the first degree punishable by imprisonment for a term
110of years not exceeding life or a life felony; or
111     (d)  Three hundred sixty-five days after the filing of a
112capital felony.
113
114This subsection does not apply whenever a motion requesting
115application of the speedy trial time periods has been granted
116under subsection (4) or when the state files a no information
117indicating its intent not to file formal charges.
118     (4)  REQUEST FOR SPEEDY TRIAL TIME PERIODS.-Except as
119otherwise provided in this section, and subject to the
120limitations imposed under subsections (10) and (11), a person
121charged with a felony by indictment or information, or in the
122case of a misdemeanor by whatever document constitutes a formal
123charge, may file a motion with the trial court requesting
124application of the speedy trial time periods under this
125subsection.
126     (a)  An order granting a motion under this subsection
127requires the defendant to be brought to trial within the
128following time periods:
129     1.  Sixty days after the date of an order granting the
130motion for a misdemeanor;
131     2.  One hundred twenty days after the date of an order
132granting the motion for a felony of the first, second, or third
133degree; or
134     3.  One hundred eighty days after the date of an order
135granting the motion for a felony of the first degree punishable
136by imprisonment for a term of years not exceeding life, a life
137felony, or a capital felony.
138     (b)  A motion requesting application of the speedy trial
139time periods shall be considered a pleading that the defendant
140is available for trial, has diligently investigated the case,
141and is prepared or will be prepared for trial within 20 days
142after filing the motion. If granted, the motion binds the
143defendant and the state. No motion requesting application of the
144speedy trial time periods shall be filed or served unless the
145defendant has a bona fide desire to obtain a trial sooner than
146otherwise might be provided.
147     (c)  A motion requesting application of the speedy trial
148time periods shall be granted by the court unless the court
149determines:
150     1.  No document constituting a formal charge has been filed
151with the court;
152     2.  The defendant is not or will not be prepared for trial
153within 20 days after filing the motion; or
154     3.  The factual circumstances, seriousness, or complexity
155of the case is such that the applicable time period provided
156under this subsection is insufficient to allow the state or
157defense adequate time to prepare the case for trial.
158     (d)  A motion requesting application of the speedy trial
159time periods may be refiled not less than 30 days after a denial
160of a previous motion requesting application of the speedy trial
161time periods.
162     (e)  An order granting a motion requesting application of
163the speedy trial time periods may only be vacated with consent
164of the state or for good cause shown. Good cause for vacating an
165order granted under this subsection and granting subsequent
166requests for continuances on behalf of the defendant thereafter
167shall not include nonreadiness for trial, except as to matters
168that may arise after the motion requesting application of the
169speedy trial time periods was filed and that reasonably could
170not have been anticipated by the defendant or counsel for the
171defendant.
172     (5)  EXTENSIONS OF TIME.-Extension of the time periods
173under subsections (3) and (4) may be granted under the following
174circumstances:
175     (a)  Unexpected illness, unexpected incapacity, or
176unforeseeable and unavoidable absence of a person whose presence
177or testimony is uniquely necessary for a full and adequate
178trial;
179     (b)  A showing by the state that the case is so unusual and
180so complex, because of the number of defendants or the nature of
181the prosecution or otherwise, that it is unreasonable to expect
182adequate investigation or preparation within the prescribed time
183periods;
184     (c)  A showing by the state that specific evidence or
185testimony is not available despite diligent efforts to secure
186it, but will become available within a reasonable time;
187     (d)  A showing by the defendant or the state of necessity
188for delay grounded on developments that could not have been
189anticipated and that will materially affect the trial;
190     (e)  A showing that a delay is necessary to accommodate a
191codefendant, when there is reason not to sever the cases to
192proceed promptly with trial of the defendant;
193     (f)  A showing by the state that the defendant has caused
194major delay or disruption of preparation of proceedings, such as
195preventing the attendance of witnesses or otherwise;
196     (g)  Other exceptional circumstances exist which, as a
197matter of substantial justice to the defendant or the state or
198both, require an extension;
199     (h)  The state and defense have signed a stipulation for an
200extension;
201     (i)  The defendant establishes good cause to grant an
202extension without waiving his or her right to speedy trial; or
203     (j)  The court determines there exists a reasonable and
204necessary period of delay resulting from proceedings including,
205but not limited to:
206     1.  An examination and hearing to determine the mental
207competency or physical ability of the defendant to stand trial.
208     2.  Hearings on pretrial motions.
209     3.  Appeals by the state.
210     4.  Review by the state under extraordinary writ.
211     5.  DNA testing ordered on the defendant's behalf upon
212defendant's motion specifying the physical evidence to be tested
213under s. 925.12(2).
214     6.  Trial of other pending criminal charges against the
215defendant.
216     (6)  WAIVER OF SPEEDY TRIAL PERIODS.-The time periods of
217this section shall be deemed waived by the defendant when any of
218the following occurs:
219     (a)  A defendant who has not filed a motion requesting
220application of the speedy trial time periods under subsection
221(4) moves for a continuance.
222     (b)  A defendant who has filed a motion requesting
223application of the speedy trial time periods under subsection
224(4) moves for a continuance and the motion is granted.
225     (c)  The defendant is unavailable for trial.
226     (d)  The defendant agrees to provide substantial assistance
227to the state or law enforcement while his or her case is
228pending.
229     (e)  The state proves by clear and convincing evidence that
230the defendant has caused major delay or disruption of
231preparation of proceedings, such as preventing the attendance of
232witnesses or otherwise.
233     (7)  MOTION FOR SPEEDY TRIAL.-
234     (a)  A motion for speedy trial may be filed after the
235applicable time period under subsection (3) or subsection (4),
236or any period of extension granted by the court, has expired.
237     (b)  For purposes of calculating the time periods of this
238section, the filing date of the initial formal charging document
239shall be the only event which commences the running of speedy
240trial periods except as provided in subsections (4) and (10). If
241an information or indictment is filed in lieu of charges
242initially brought by citation, notice to appear, or any other
243document that serves as a charging document, the time period
244shall commence from the date of filing of the citation, notice
245to appear, or other document serving as a charging document, but
246the applicable time period shall be the period that adheres to
247the charge as filed by information or indictment. No later than
2485 days after the date of filing the motion for speedy trial, the
249court shall hold a hearing on the motion.
250     (c)  A motion for speedy trial shall be granted unless it
251is shown that:
252     1.  The failure to hold the trial is attributable to the
253defendant, a codefendant in the same trial, or the counsel of
254either;
255     2.  The defendant was unavailable for trial;
256     3.  The applicable time period or extension granted by the
257court has not expired; or
258     4.  The defendant is not prepared to proceed to trial
259within 10 days after the hearing on the motion for speedy trial.
260
261If the court finds that none of the reasons set forth in this
262paragraph exist, it shall grant the motion and order the
263defendant brought to trial within 10 days unless the court in
264its discretion authorizes a longer time period of up to 30 days.
265     (d)  A defendant not brought to trial within the 10-day
266period or other time period prescribed by the court, through no
267fault of the defendant or the defendant's counsel, may file a
268motion for dismissal under subsection (8). A person shall be
269considered to have been brought to trial if the trial commences
270within the required time period. For purposes of this paragraph,
271a trial is considered commenced when the jury panel for that
272specific trial has been sworn after voir dire examination and
273selection or, on waiver of a jury trial, when the proceedings
274begin before the judge.
275     (8)  MOTION FOR DISMISSAL.-
276     (a)  A defendant whose motion for speedy trial has been
277granted and who has not been brought to trial pursuant to
278subsection (7) may file a motion for dismissal of all charges
279and of any uncharged crime arising out the same criminal
280episode. A dismissal granted solely due to the failure to bring
281the defendant to trial before the expiration of the applicable
282time periods shall be without prejudice. A motion for dismissal
283with prejudice may be ordered if the defendant filed a motion
284requesting application of the speedy trial time periods under
285subsection (4) and such motion was granted, and:
286     1.  The length of delay was substantially beyond the
287applicable time periods and has materially prejudiced the
288defendant in his or her defense. Prejudice may be established
289where the defendant can show by clear and convincing evidence
290that while outside applicable time period, or during any
291extended period authorized by the court, an essential witness
292has died or has become unavailable through no fault of the
293defendant, the defendant's counsel, or anyone acting on behalf
294of the defendant or his or her counsel. An essential witness
295means a witness possessing exculpatory information that cannot
296be provided by another witness of comparable credibility, or a
297witness who is essential to explain, identify, or introduce
298admissible evidence the defendant intended to introduce at
299trial. Prejudice may also be established where the defendant can
300show by clear and convincing evidence that exculpatory evidence
301known to the defense during the applicable time periods has been
302destroyed, substantially degraded, lost, or become unavailable
303through no fault of the defendant, the defendant's counsel, or
304anyone acting on behalf of the defendant or his or her counsel;
305or
306     2.  The delay has otherwise constituted a substantive
307violation of the defendant's constitutional right to a speedy
308trial.
309
310An order granting a dismissal with prejudice under this
311paragraph must specify factual findings in support of its
312conclusion.
313     (b)1.  Charges filed by the state after a dismissal without
314prejudice arising out the same criminal episode that was the
315subject of dismissal may not include a new charge or any charge
316of a higher degree that was not previously dismissed. This
317subparagraph does not prohibit amendment of the charging
318document as necessary to correct errors or deficiencies which do
319not add a new charge or increase the degree of severity of a
320charged offense.
321     2.  If a nolle prosequi is filed after the expiration of
322the applicable time period under subsection (3) or subsection
323(4) or provided in any court-prescribed extension, charges based
324on the same criminal episode filed after such nolle prosequi may
325not include any new charge or any charge of a higher degree that
326was not previously the subject of the nolle prosequi. This
327subparagraph does not prohibit amendment of the charging
328document as necessary to correct errors or deficiencies which do
329not add a new charge or increase the degree of severity of a
330charged offense.
331     3.  A trial on refiled charges arising out of the same
332criminal episode filed after a dismissal without prejudice or
333after a nolle prosequi entered as described in subparagraph 2.
334must be commenced within 60 days for a misdemeanor offense and
335120 days for a felony offense. If the state fails to bring the
336defendant to trial on such refiled charges as required under
337this subparagraph through no fault of the defendant, the
338defendant's counsel, or anyone acting on behalf of the defendant
339or his or her counsel, the court shall dismiss the charges with
340prejudice.
341     (c)  The state may appeal a dismissal with prejudice.
342     (9)  AVAILABILITY FOR TRIAL.-A defendant is unavailable for
343trial if the defendant or his or her counsel fails to attend any
344proceeding at which either's presence is required or the
345defendant or his or her counsel is not ready for trial on the
346date trial is scheduled. No presumption of unavailability
347attaches, but if the state objects to a motion for speedy trial
348and presents any evidence tending to show the defendant's
349unavailability, the defendant must establish, by competent
350proof, availability during the applicable time period.
351     (10)  PRISONERS OUTSIDE JURISDICTION.-A person who is in
352federal custody or incarcerated in a jail or correctional
353institution outside the jurisdiction of this state or a
354subdivision thereof is not entitled to the benefit of this
355section until that person is returned to the jurisdiction of the
356court in this state within which a charge is pending or within
357which a charge is to be filed upon such person's return and
358until written notice of the person's return is filed with the
359court and served on the prosecutor. For such a person, the time
360period under subsection (3) commences on the date the last act
361required under this subsection occurs and the time period under
362subsection (4) commences on the date an order granting a motion
363requesting application of the speedy trial time periods is
364entered following the completion of all acts required under this
365subsection. If the acts required under this subsection do not
366precede the issuance of an order granting a motion requesting
367application of the speedy trial time periods, the order granting
368the motion is a nullity.
369     (11)  APPLICABILITY OF TIME PERIODS.-When multiple counts
370are charged, the applicable time period is the period applicable
371to the highest degree of offense.
372     (12)  EFFECT OF MISTRIAL; APPEAL; ORDER OF NEW TRIAL.-A
373person who is to be tried again or whose trial has been delayed
374by an appeal by the state or the defendant shall be brought to
375trial within 60 days in the case of a misdemeanor and within 120
376days in the case of a felony after the date of declaration of a
377mistrial by the trial court, the date of an order by the trial
378court granting a new trial, the date of an order by the trial
379court granting a motion in arrest of judgment, or the date of
380receipt by the trial court of a mandate, order, or notice of
381whatever form from a reviewing court that makes possible a new
382trial for the defendant, whichever is last in time. If a
383defendant is not brought to trial within the prescribed time
384period, the defendant may file a motion for speedy trial under
385subsection (7).
386     (13)  PERIOD FOR NEW OR REFILED CHARGES AFTER NO
387INFORMATION OR NO TRUE BILL OR AFTER A TIMELY NOLLE PROSEQUI.-
388This section does not prohibit the state from filing any
389criminal charge after the entry of a no information or no true
390bill at any time within the statute of limitations period for
391such offense. This section does not prohibit the refiling of any
392original charges or any new charges after the entry of a nolle
393prosequi when such charges are filed within the statute of
394limitations period for such offense, if the nolle prosequi was
395filed before the expiration of the applicable time period under
396subsection (3) or subsection (4) or, in the case of an extension
397granted by the court, before the expiration of the court's
398extended time period. The speedy trial period for new or refiled
399charges shall be the balance of days remaining on the speedy
400trial period of the charge or charges that were the subject of
401the nolle prosequi or 60 days for a misdemeanor offense or 120
402days for a felony offense, whichever is greater. If the state
403fails to bring the defendant to trial on such refiled charges
404within the time periods provided under this subsection through
405no fault of the defendant, the defendant's counsel, or anyone
406acting on behalf of the defendant or his or her counsel, the
407court shall dismiss the charges with prejudice.
408     Section 3.  Subsection (1) of section 985.35, Florida
409Statutes, is amended to read:
410     985.35  Adjudicatory hearings; withheld adjudications;
411orders of adjudication.-
412     (1)  The adjudicatory hearing must be held as soon as
413practicable after the petition alleging that a child has
414committed a delinquent act or violation of law is filed and in
415accordance with s. 985.36 the Florida Rules of Juvenile
416Procedure; but reasonable delay for the purpose of
417investigation, discovery, or procuring counsel or witnesses
418shall be granted. If the child is being detained, the time
419limitations in s. 985.26(2) and (3) apply.
420     Section 4.  Section 985.36, Florida Statutes, is created to
421read:
422     985.36  Juvenile right to speedy trial.-
423     (1)  TIME.-If a petition has been filed alleging a juvenile
424to have committed a delinquent act, the juvenile shall be
425brought to an adjudicatory hearing within 90 days after the
426earlier of the following:
427     (a)  The date the juvenile was taken into custody; or
428     (b)  The date of service of the summons that is issued
429when the petition is filed.
430     (2)  EXTENSIONS OF TIME.-Extension of the time period under
431subsection (1) may be granted under the following circumstances:
432     (a)  Unexpected illness, unexpected incapacity, or
433unforeseeable and unavoidable absence of a person whose presence
434or testimony is uniquely necessary for a full and adequate
435trial;
436     (b)  A showing by the state that the case is so unusual and
437so complex, because of the number of persons charged or the
438nature of the prosecution or otherwise, that it is unreasonable
439to expect adequate investigation or preparation within the
440prescribed time period;
441     (c)  A showing by the state that specific evidence or
442testimony is not available despite diligent efforts to secure
443it, but will become available within a reasonable time;
444     (d)  A showing by the defense or the state of necessity for
445delay grounded on developments that could not have been
446anticipated and that will materially affect the trial;
447     (e)  A showing that a delay is necessary to accommodate a
448codefendant, when there is reason not to sever the cases to
449proceed promptly with trial of the juvenile;
450     (f)  A showing by the state that the juvenile has caused
451major delay or disruption of preparation of proceedings, such as
452by preventing the attendance of witnesses or otherwise;
453     (g)  Other exceptional circumstances exist which, as a
454matter of substantial justice to the juvenile or the state or
455both, require an extension;
456     (h)  The state and defense have signed a stipulation for an
457extension;
458     (i)  The juvenile establishes good cause to grant an
459extension without waiving his or her right to speedy trial; or
460     (j)  The court determines there exists a reasonable and
461necessary period of delay resulting from proceedings including,
462but not limited to:
463     1.  An examination and hearing to determine the mental
464competency or physical ability of the juvenile to stand for the
465adjudicatory hearing.
466     2.  Hearings on pretrial motions.
467     3.  Appeals by the state.
468     4.  Review by the state under extraordinary writ.
469     5.  Adjudicatory hearings of other pending charges against
470the juvenile.
471     (3)  WAIVER OF SPEEDY TRIAL PERIODS.-The time periods of
472this section shall be deemed waived by the juvenile when any of
473the following occurs:
474     (a)  The juvenile moves for a continuance.
475     (b)  The juvenile is unavailable for trial.
476     (c)  The juvenile agrees to provide substantial assistance
477to the state or law enforcement while his or her case is
478pending.
479     (d)  The state proves by clear and convincing evidence that
480the juvenile has caused major delay or disruption of preparation
481of proceedings, such as by preventing the attendance of
482witnesses or otherwise.
483     (4)  MOTION FOR SPEEDY TRIAL.-
484     (a)  A motion for speedy trial may be filed after the time
485period under subsection (1) or any period of extension granted
486by the court has expired.
487     (b)  No later than 5 days after the date of filing the
488motion for speedy trial, the court shall hold a hearing on the
489motion.
490     (c)  A motion for speedy trial shall be granted unless it
491is shown that:
492     1.  The failure to hold the adjudicatory hearing is
493attributable to the juvenile, a codefendant in the same case, or
494the counsel of either;
495     2.  The juvenile was unavailable for trial;
496     3.  The time period or extension granted by the court has
497not expired; or
498     4.  The juvenile is not prepared to proceed to trial within
49910 days after the hearing on the motion for speedy trial.
500
501If the court finds that none of the reasons set forth in this
502paragraph exist, it shall grant the motion and order the
503juvenile to be brought to an adjudicatory hearing within 10
504days.
505     (d)  A juvenile not brought to his or her adjudicatory
506hearing within the 10-day period, through no fault of the
507juvenile or the juvenile's counsel, may file a motion for
508dismissal under subsection (5). A juvenile shall be considered
509to have been brought to his or her adjudicatory hearing if the
510hearing commences within the required time period. For purposes
511of this paragraph, the adjudicatory hearing is considered
512commenced when the proceedings begin before the judge.
513     (5)  MOTION FOR DISMISSAL.-
514     (a)  A juvenile whose motion for speedy trial has been
515granted and who has not been brought to an adjudicatory hearing
516under subsection (4) may file a motion for dismissal of the
517petition and of any uncharged delinquent act arising out the
518same criminal episode. If the state failed to bring the juvenile
519to an adjudicatory hearing as required under subsection (4)
520through no fault of the juvenile or the juvenile's counsel, the
521court may, in its discretion, dismiss the charge without
522prejudice, or with prejudice if the court finds good cause
523exists which warrants permanent dismissal of the petition based
524on consideration of the following factors:
525     1.  The length of the delay.
526     2.  The circumstances and reason for the delay.
527     3.  The seriousness of the charge.
528     4.  The degree of prejudice to the defense.
529
530An order dismissing a petition with prejudice under this
531paragraph must be in writing and supported by facts which
532support a finding that the length of the delay was unreasonable
533and that the prejudice to the juvenile diminished his or her
534defense in a material way.
535     (b)1.  Charges filed by the state after a dismissal without
536prejudice arising out the same criminal episode that was the
537subject of dismissal may not include any new charge or any
538charge of a higher degree that was not previously dismissed.
539This subparagraph does not prohibit amendment of the petition as
540necessary to correct errors or deficiencies which do not add a
541new charge or increase the degree of severity of a charged
542offense.
543     2.  If a nolle prosequi is filed after the expiration of
544the time period specified in subsection (1), charges based on
545the same criminal episode filed after such nolle prosequi may
546not include any new charge or any charge of a higher degree that
547was not previously the subject of the nolle prosequi. This
548subparagraph does not prohibit amendment of the petition as
549necessary to correct errors or deficiencies which do not add a
550new charge or increase the degree of severity of a charged
551offense.
552     3.  An adjudicatory hearing on refiled charges arising out
553the same criminal episode filed after a dismissal without
554prejudice or after a nolle prosequi entered as described in
555subparagraph 2. must be commenced within 60 days. If the state
556fails to bring the juvenile to an adjudicatory hearing on such
557refiled charges as required under this subparagraph through no
558fault of the juvenile or juvenile's counsel, the court shall
559dismiss the charges with prejudice.
560     (c)  The state may appeal a dismissal with prejudice.
561     (6)  AVAILABILITY FOR TRIAL.-A juvenile is unavailable for
562trial if the juvenile or his or her counsel fails to attend any
563proceeding at which either's presence is required or the
564juvenile or his or her counsel is not ready for the adjudicatory
565hearing on the date it is scheduled. No presumption of
566unavailability attaches, but if the state objects to a motion
567for speedy trial and presents any evidence tending to show the
568juvenile's unavailability, the juvenile must establish, by
569competent proof, availability during the time period.
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 5.  Rule 3.191, Florida Rules of Criminal
612Procedure, is repealed.
613     Section 6.  Rule 8.090, Florida Rules of Juvenile Procedure
614is repealed.
615     Section 7.  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.