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. In addition, if no information or indictment, or in
126the case of a misdemeanor by whatever document constitutes a
127formal charging document, has been filed within 175 days from
128arrest on a felony offense or within 90 days from arrest on a
129misdemeanor offense, the accused may file a motion under this
130subsection. For purposes of this subsection, the term "arrest"
131means physical arrest of the accused or the issuance of a notice
132to appear in lieu of physical arrest.
133     (a)  An order granting a motion under this subsection
134requires the defendant to be brought to trial within the
135following time periods:
136     1.  Sixty days after the date of an order granting the
137motion for a misdemeanor;
138     2.  One hundred twenty days after the date of an order
139granting the motion for a felony of the first, second, or third
140degree; or
141     3.  One hundred eighty days after the date of an order
142granting the motion for a felony of the first degree punishable
143by imprisonment for a term of years not exceeding life, a life
144felony, or a capital felony.
145     (b)  A motion requesting application of the speedy trial
146time periods shall be considered a pleading that the defendant
147is available for trial, has diligently investigated the case,
148and is prepared or will be prepared for trial within 20 days
149after filing the motion. If granted, the motion binds the
150defendant and the state. No motion requesting application of the
151speedy trial time periods shall be filed or served unless the
152defendant has a bona fide desire to obtain a trial sooner than
153otherwise might be provided.
154     (c)  A motion requesting application of the speedy trial
155time periods shall be granted by the court unless the court
156determines:
157     1.  No document constituting a formal charge has been filed
158with the court;
159     2.  The defendant is not or will not be prepared for trial
160within 20 days after filing the motion; or
161     3.  The factual circumstances, seriousness, or complexity
162of the case is such that the applicable time period provided
163under this subsection is insufficient to allow the state or
164defense adequate time to prepare the case for trial.
165     (d)  A motion requesting application of the speedy trial
166time periods may be refiled not less than 30 days after a denial
167of a previous motion requesting application of the speedy trial
168time periods.
169     (e)  An order granting a motion requesting application of
170the speedy trial time periods may only be vacated with consent
171of the state or for good cause shown. Good cause for vacating an
172order granted under this subsection and granting subsequent
173requests for continuances on behalf of the defendant thereafter
174shall not include nonreadiness for trial, except as to matters
175that may arise after the motion requesting application of the
176speedy trial time periods was filed and that reasonably could
177not have been anticipated by the defendant or counsel for the
178defendant.
179     (5)  EXTENSIONS OF TIME.-Extension of the time periods
180under subsections (3) and (4) may be granted under the following
181circumstances:
182     (a)  Unexpected illness, unexpected incapacity, or
183unforeseeable and unavoidable absence of a person whose presence
184or testimony is uniquely necessary for a full and adequate
185trial;
186     (b)  A showing by the state that the case is so unusual and
187so complex, because of the number of defendants or the nature of
188the prosecution or otherwise, that it is unreasonable to expect
189adequate investigation or preparation within the prescribed time
190periods;
191     (c)  A showing by the state that specific evidence or
192testimony is not available despite diligent efforts to secure
193it, but will become available within a reasonable time;
194     (d)  A showing by the defendant or the state of necessity
195for delay grounded on developments that could not have been
196anticipated and that will materially affect the trial;
197     (e)  A showing that a delay is necessary to accommodate a
198codefendant, when there is reason not to sever the cases to
199proceed promptly with trial of the defendant;
200     (f)  A showing by the state that the defendant has caused
201major delay or disruption of preparation of proceedings, such as
202preventing the attendance of witnesses or otherwise;
203     (g)  Other exceptional circumstances exist which, as a
204matter of substantial justice to the defendant or the state or
205both, require an extension;
206     (h)  The state and defense have signed a stipulation for an
207extension;
208     (i)  The defendant establishes good cause to grant an
209extension without waiving his or her right to speedy trial; or
210     (j)  The court determines there exists a reasonable and
211necessary period of delay resulting from proceedings including,
212but not limited to:
213     1.  An examination and hearing to determine the mental
214competency or physical ability of the defendant to stand trial.
215     2.  Hearings on pretrial motions.
216     3.  Appeals by the state.
217     4.  Review by the state under extraordinary writ.
218     5.  DNA testing ordered on the defendant's behalf upon
219defendant's motion specifying the physical evidence to be tested
220under s. 925.12(2).
221     6.  Trial of other pending criminal charges against the
222defendant.
223     (6)  WAIVER OF SPEEDY TRIAL PERIODS.-The time periods of
224this section shall be deemed waived by the defendant when any of
225the following occurs:
226     (a)  A defendant who has not filed a motion requesting
227application of the speedy trial time periods under subsection
228(4) moves for a continuance.
229     (b)  A defendant who has filed a motion requesting
230application of the speedy trial time periods under subsection
231(4) moves for a continuance and the motion is granted.
232     (c)  The defendant is unavailable for trial.
233     (d)  The defendant agrees to provide substantial assistance
234to the state or law enforcement while his or her case is
235pending.
236     (e)  The state proves by clear and convincing evidence that
237the defendant has caused major delay or disruption of
238preparation of proceedings, such as preventing the attendance of
239witnesses or otherwise.
240     (7)  MOTION FOR SPEEDY TRIAL.-
241     (a)  A motion for speedy trial may be filed after the
242applicable time period under subsection (3) or subsection (4),
243or any period of extension granted by the court, has expired.
244     (b)  For purposes of calculating the time periods of this
245section, the filing date of the initial formal charging document
246shall be the only event which commences the running of speedy
247trial periods except as provided in subsections (4) and (10). If
248an information or indictment is filed in lieu of charges
249initially brought by citation, notice to appear, or any other
250document that serves as a charging document, the time period
251shall commence from the date of filing of the citation, notice
252to appear, or other document serving as a charging document, but
253the applicable time period shall be the period that adheres to
254the charge as filed by information or indictment. No later than
2555 days after the date of filing the motion for speedy trial, the
256court shall hold a hearing on the motion.
257     (c)  A motion for speedy trial shall be granted unless it
258is shown that:
259     1.  The failure to hold the trial is attributable to the
260defendant, a codefendant in the same trial, or the counsel of
261either;
262     2.  The defendant was unavailable for trial;
263     3.  The applicable time period or extension granted by the
264court has not expired; or
265     4.  The defendant is not prepared to proceed to trial
266within 10 days after the hearing on the motion for speedy trial.
267
268If the court finds that none of the reasons set forth in this
269paragraph exist, it shall grant the motion and order the
270defendant brought to trial within 10 days unless the court in
271its discretion authorizes a longer time period of up to 30 days.
272     (d)  A defendant not brought to trial within the 10-day
273period or other time period prescribed by the court, through no
274fault of the defendant or the defendant's counsel, may file a
275motion for dismissal under subsection (8). A person shall be
276considered to have been brought to trial if the trial commences
277within the required time period. For purposes of this paragraph,
278a trial is considered commenced when the jury panel for that
279specific trial has been sworn after voir dire examination and
280selection or, on waiver of a jury trial, when the proceedings
281begin before the judge.
282     (8)  MOTION FOR DISMISSAL.-
283     (a)  A defendant whose motion for speedy trial has been
284granted and who has not been brought to trial pursuant to
285subsection (7) may file a motion for dismissal of all charges
286and of any uncharged crime arising out the same criminal
287episode. A dismissal granted solely due to the failure to bring
288the defendant to trial before the expiration of the applicable
289time periods shall be without prejudice. A motion for dismissal
290with prejudice may be ordered if the defendant filed a motion
291requesting application of the speedy trial time periods under
292subsection (4) and such motion was granted, and:
293     1.  The length of delay was substantially beyond the
294applicable time periods and has materially prejudiced the
295defendant in his or her defense. Prejudice may be established
296where the defendant can show by clear and convincing evidence
297that while outside applicable time period, or during any
298extended period authorized by the court, an essential witness
299has died or has become unavailable through no fault of the
300defendant, the defendant's counsel, or anyone acting on behalf
301of the defendant or his or her counsel. An essential witness
302means a witness possessing exculpatory information that cannot
303be provided by another witness of comparable credibility, or a
304witness who is essential to explain, identify, or introduce
305admissible evidence the defendant intended to introduce at
306trial. Prejudice may also be established where the defendant can
307show by clear and convincing evidence that exculpatory evidence
308known to the defense during the applicable time periods has been
309destroyed, substantially degraded, lost, or become unavailable
310through no fault of the defendant, the defendant's counsel, or
311anyone acting on behalf of the defendant or his or her counsel;
312or
313     2.  The delay has otherwise constituted a substantive
314violation of the defendant's constitutional right to a speedy
315trial.
316
317An order granting a dismissal with prejudice under this
318paragraph must specify factual findings in support of its
319conclusion.
320     (b)1.  Charges filed by the state after a dismissal without
321prejudice arising out the same criminal episode that was the
322subject of dismissal may not include a new charge or any charge
323of a higher degree that was not previously dismissed. This
324subparagraph does not prohibit amendment of the charging
325document as necessary to correct errors or deficiencies which do
326not add a new charge or increase the degree of severity of a
327charged offense.
328     2.  If a nolle prosequi is filed after the expiration of
329the applicable time period under subsection (3) or subsection
330(4) or provided in any court-prescribed extension, charges based
331on the same criminal episode filed after such nolle prosequi may
332not include any new charge or any charge of a higher degree that
333was not previously the subject of the nolle prosequi. This
334subparagraph does not prohibit amendment of the charging
335document as necessary to correct errors or deficiencies which do
336not add a new charge or increase the degree of severity of a
337charged offense.
338     3.  A trial on refiled charges arising out of the same
339criminal episode filed after a dismissal without prejudice or
340after a nolle prosequi entered as described in subparagraph 2.
341must be commenced within 60 days for a misdemeanor offense and
342120 days for a felony offense. If the state fails to bring the
343defendant to trial on such refiled charges as required under
344this subparagraph through no fault of the defendant, the
345defendant's counsel, or anyone acting on behalf of the defendant
346or his or her counsel, the court shall dismiss the charges with
347prejudice.
348     (c)  The state may appeal a dismissal with prejudice.
349     (9)  AVAILABILITY FOR TRIAL.-A defendant is unavailable for
350trial if the defendant or his or her counsel fails to attend any
351proceeding at which either's presence is required or the
352defendant or his or her counsel is not ready for trial on the
353date trial is scheduled. No presumption of unavailability
354attaches, but if the state objects to a motion for speedy trial
355and presents any evidence tending to show the defendant's
356unavailability, the defendant must establish, by competent
357proof, availability during the applicable time period.
358     (10)  PRISONERS OUTSIDE JURISDICTION.-A person who is in
359federal custody or incarcerated in a jail or correctional
360institution outside the jurisdiction of this state or a
361subdivision thereof is not entitled to the benefit of this
362section until that person is returned to the jurisdiction of the
363court in this state within which a charge is pending or within
364which a charge is to be filed upon such person's return and
365until written notice of the person's return is filed with the
366court and served on the prosecutor. For such a person, the time
367period under subsection (3) commences on the date the last act
368required under this subsection occurs and the time period under
369subsection (4) commences on the date an order granting a motion
370requesting application of the speedy trial time periods is
371entered following the completion of all acts required under this
372subsection. If the acts required under this subsection do not
373precede the issuance of an order granting a motion requesting
374application of the speedy trial time periods, the order granting
375the motion is a nullity.
376     (11)  APPLICABILITY OF TIME PERIODS.-When multiple counts
377are charged, the applicable time period is the period applicable
378to the highest degree of offense.
379     (12)  EFFECT OF MISTRIAL; APPEAL; ORDER OF NEW TRIAL.-A
380person who is to be tried again or whose trial has been delayed
381by an appeal by the state or the defendant shall be brought to
382trial within 60 days in the case of a misdemeanor and within 120
383days in the case of a felony after the date of declaration of a
384mistrial by the trial court, the date of an order by the trial
385court granting a new trial, the date of an order by the trial
386court granting a motion in arrest of judgment, or the date of
387receipt by the trial court of a mandate, order, or notice of
388whatever form from a reviewing court that makes possible a new
389trial for the defendant, whichever is last in time. If a
390defendant is not brought to trial within the prescribed time
391period, the defendant may file a motion for speedy trial under
392subsection (7).
393     (13)  PERIOD FOR NEW OR REFILED CHARGES AFTER NO
394INFORMATION OR NO TRUE BILL OR AFTER A TIMELY NOLLE PROSEQUI.-
395This section does not prohibit the state from filing any
396criminal charge after the entry of a no information or no true
397bill at any time within the statute of limitations period for
398such offense. This section does not prohibit the refiling of any
399original charges or any new charges after the entry of a nolle
400prosequi when such charges are filed within the statute of
401limitations period for such offense, if the nolle prosequi was
402filed before the expiration of the applicable time period under
403subsection (3) or subsection (4) or, in the case of an extension
404granted by the court, before the expiration of the court's
405extended time period. The speedy trial period for new or refiled
406charges shall be the balance of days remaining on the speedy
407trial period of the charge or charges that were the subject of
408the nolle prosequi or 60 days for a misdemeanor offense or 120
409days for a felony offense, whichever is greater. If the state
410fails to bring the defendant to trial on such refiled charges
411within the time periods provided under this subsection through
412no fault of the defendant, the defendant's counsel, or anyone
413acting on behalf of the defendant or his or her counsel, the
414court shall dismiss the charges with prejudice.
415     Section 3.  Subsection (1) of section 985.35, Florida
416Statutes, is amended to read:
417     985.35  Adjudicatory hearings; withheld adjudications;
418orders of adjudication.-
419     (1)  The adjudicatory hearing must be held as soon as
420practicable after the petition alleging that a child has
421committed a delinquent act or violation of law is filed and in
422accordance with s. 985.36 the Florida Rules of Juvenile
423Procedure; but reasonable delay for the purpose of
424investigation, discovery, or procuring counsel or witnesses
425shall be granted. If the child is being detained, the time
426limitations in s. 985.26(2) and (3) apply.
427     Section 4.  Section 985.36, Florida Statutes, is created to
428read:
429     985.36  Juvenile right to speedy trial.-
430     (1)  TIME.-If a petition has been filed alleging a juvenile
431to have committed a delinquent act, the juvenile shall be
432brought to an adjudicatory hearing within 90 days after the
433earlier of the following:
434     (a)  The date the juvenile was taken into custody; or
435     (b)  The date of service of the summons that is issued
436when the petition is filed.
437     (2)  EXTENSIONS OF TIME.-Extension of the time period under
438subsection (1) may be granted under the following circumstances:
439     (a)  Unexpected illness, unexpected incapacity, or
440unforeseeable and unavoidable absence of a person whose presence
441or testimony is uniquely necessary for a full and adequate
442trial;
443     (b)  A showing by the state that the case is so unusual and
444so complex, because of the number of persons charged or the
445nature of the prosecution or otherwise, that it is unreasonable
446to expect adequate investigation or preparation within the
447prescribed time period;
448     (c)  A showing by the state that specific evidence or
449testimony is not available despite diligent efforts to secure
450it, but will become available within a reasonable time;
451     (d)  A showing by the defense or the state of necessity for
452delay grounded on developments that could not have been
453anticipated and that will materially affect the trial;
454     (e)  A showing that a delay is necessary to accommodate a
455codefendant, when there is reason not to sever the cases to
456proceed promptly with trial of the juvenile;
457     (f)  A showing by the state that the juvenile has caused
458major delay or disruption of preparation of proceedings, such as
459by preventing the attendance of witnesses or otherwise;
460     (g)  Other exceptional circumstances exist which, as a
461matter of substantial justice to the juvenile or the state or
462both, require an extension;
463     (h)  The state and defense have signed a stipulation for an
464extension;
465     (i)  The juvenile establishes good cause to grant an
466extension without waiving his or her right to speedy trial; or
467     (j)  The court determines there exists a reasonable and
468necessary period of delay resulting from proceedings including,
469but not limited to:
470     1.  An examination and hearing to determine the mental
471competency or physical ability of the juvenile to stand for the
472adjudicatory hearing.
473     2.  Hearings on pretrial motions.
474     3.  Appeals by the state.
475     4.  Review by the state under extraordinary writ.
476     5.  Adjudicatory hearings of other pending charges against
477the juvenile.
478     (3)  WAIVER OF SPEEDY TRIAL PERIODS.-The time periods of
479this section shall be deemed waived by the juvenile when any of
480the following occurs:
481     (a)  The juvenile moves for a continuance.
482     (b)  The juvenile is unavailable for trial.
483     (c)  The juvenile agrees to provide substantial assistance
484to the state or law enforcement while his or her case is
485pending.
486     (d)  The state proves by clear and convincing evidence that
487the juvenile has caused major delay or disruption of preparation
488of proceedings, such as by preventing the attendance of
489witnesses or otherwise.
490     (4)  MOTION FOR SPEEDY TRIAL.-
491     (a)  A motion for speedy trial may be filed after the time
492period under subsection (1) or any period of extension granted
493by the court has expired.
494     (b)  No later than 5 days after the date of filing the
495motion for speedy trial, the court shall hold a hearing on the
496motion.
497     (c)  A motion for speedy trial shall be granted unless it
498is shown that:
499     1.  The failure to hold the adjudicatory hearing is
500attributable to the juvenile, a codefendant in the same case, or
501the counsel of either;
502     2.  The juvenile was unavailable for trial;
503     3.  The time period or extension granted by the court has
504not expired; or
505     4.  The juvenile is not prepared to proceed to trial within
50610 days after the hearing on the motion for speedy trial.
507
508If the court finds that none of the reasons set forth in this
509paragraph exist, it shall grant the motion and order the
510juvenile to be brought to an adjudicatory hearing within 10
511days.
512     (d)  A juvenile not brought to his or her adjudicatory
513hearing within the 10-day period, through no fault of the
514juvenile or the juvenile's counsel, may file a motion for
515dismissal under subsection (5). A juvenile shall be considered
516to have been brought to his or her adjudicatory hearing if the
517hearing commences within the required time period. For purposes
518of this paragraph, the adjudicatory hearing is considered
519commenced when the proceedings begin before the judge.
520     (5)  MOTION FOR DISMISSAL.-
521     (a)  A juvenile whose motion for speedy trial has been
522granted and who has not been brought to an adjudicatory hearing
523under subsection (4) may file a motion for dismissal of the
524petition and of any uncharged delinquent act arising out the
525same criminal episode. If the state failed to bring the juvenile
526to an adjudicatory hearing as required under subsection (4)
527through no fault of the juvenile or the juvenile's counsel, the
528court may, in its discretion, dismiss the charge without
529prejudice, or with prejudice if the court finds good cause
530exists which warrants permanent dismissal of the petition based
531on consideration of the following factors:
532     1.  The length of the delay.
533     2.  The circumstances and reason for the delay.
534     3.  The seriousness of the charge.
535     4.  The degree of prejudice to the defense.
536
537An order dismissing a petition with prejudice under this
538paragraph must be in writing and supported by facts which
539support a finding that the length of the delay was unreasonable
540and that the prejudice to the juvenile diminished his or her
541defense in a material way.
542     (b)1.  Charges filed by the state after a dismissal without
543prejudice arising out the same criminal episode that was the
544subject of dismissal may not include any new charge or any
545charge of a higher degree that was not previously dismissed.
546This subparagraph does not prohibit amendment of the petition as
547necessary to correct errors or deficiencies which do not add a
548new charge or increase the degree of severity of a charged
549offense.
550     2.  If a nolle prosequi is filed after the expiration of
551the time period specified in subsection (1), charges based on
552the same criminal episode filed after such nolle prosequi may
553not include any new charge or any charge of a higher degree that
554was not previously the subject of the nolle prosequi. This
555subparagraph does not prohibit amendment of the petition as
556necessary to correct errors or deficiencies which do not add a
557new charge or increase the degree of severity of a charged
558offense.
559     3.  An adjudicatory hearing on refiled charges arising out
560the same criminal episode filed after a dismissal without
561prejudice or after a nolle prosequi entered as described in
562subparagraph 2. must be commenced within 60 days. If the state
563fails to bring the juvenile to an adjudicatory hearing on such
564refiled charges as required under this subparagraph through no
565fault of the juvenile or juvenile's counsel, the court shall
566dismiss the charges with prejudice.
567     (c)  The state may appeal a dismissal with prejudice.
568     (6)  AVAILABILITY FOR TRIAL.-A juvenile is unavailable for
569trial if the juvenile or his or her counsel fails to attend any
570proceeding at which either's presence is required or the
571juvenile or his or her counsel is not ready for the adjudicatory
572hearing on the date it is scheduled. No presumption of
573unavailability attaches, but if the state objects to a motion
574for speedy trial and presents any evidence tending to show the
575juvenile's unavailability, the juvenile must establish, by
576competent proof, availability during the time period.
577     (7)  INCOMPETENCY OF JUVENILE.-Upon the filing of a motion
578to declare the juvenile incompetent, the speedy trial period
579shall be tolled until a subsequent finding of the court that the
580child is competent to proceed.
581     (8)  EFFECT OF MISTRIAL; APPEAL; ORDER OF NEW TRIAL.-A
582juvenile who is to have another adjudicatory hearing or whose
583adjudicatory hearing has been delayed by an appeal by the state
584or the defense shall be brought to an adjudicatory hearing
585within 60 days after the date of declaration of a mistrial by
586the trial court, the date of an order by the trial court
587granting a new trial, the date of an order by the trial court
588granting a motion in arrest of judgment, or the date of receipt
589by the trial court of a mandate, order, or notice of whatever
590form from a reviewing court that makes possible a new trial for
591the respondent, whichever is last in time. If a juvenile is not
592brought to an adjudicatory hearing within the prescribed time
593period, the juvenile may file a motion for speedy trial under
594subsection (5).
595     (9)  PERIOD FOR NEW OR REFILED CHARGES AFTER NO PETITION OR
596AFTER TIMELY NOLLE PROSEQUI.-This section does not prohibit the
597state from filing a petition after the entry of a no petition at
598any time within the statute of limitations period for such
599offense if the person who is the subject of the petition remains
600under the jurisdiction of the juvenile court the day a new
601petition is filed. This section does not prohibit the refiling
602of any original charges or any new charges after the entry of a
603nolle prosequi when such charges are filed within the statute of
604limitations period for such offense, if the nolle prosequi was
605filed before the expiration of the time period provided in
606subsection (1) and if the person who is the subject of the new
607charges in the petition remains under the jurisdiction of the
608juvenile court the day a new petition is filed. The speedy trial
609period for new or refiled charges shall be the balance of days
610remaining on the speedy trial period of the charge or charges
611that were the subject of the nolle prosequi or 60 days,
612whichever is greater. If the state fails to bring the juvenile
613to trial on such refiled charges as required under this
614subsection through no fault of the juvenile, the juvenile's
615counsel, or anyone acting on behalf of the juvenile or his or
616her counsel, the court shall dismiss the petition with
617prejudice.
618     Section 5.  Rule 3.191, Florida Rules of Criminal
619Procedure, is repealed.
620     Section 6.  Rule 8.090, Florida Rules of Juvenile Procedure
621is repealed.
622     Section 7.  This act shall take effect upon becoming law,
623but sections 5 and 6 of this act shall take effect only if this
624act is enacted by a two-thirds vote of the membership of each
625house of the Legislature.


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