Florida law provides criminal defendants with both constitutional and procedural protections for the right to a speedy trial. Historically, these protections worked together to ensure that criminal cases progressed without undue delay. Recent amendments to Florida’s criminal procedure rules, however, significantly change how speedy trial rights operate, and may dramatically affect defendants facing criminal charges.
Understanding how these changes work and how they interact with long-standing constitutional protections is critical.
The Constitutional Right to a Speedy Trial in Florida
The Florida Constitution guarantees criminal defendants the right to proceedings free from unreasonable delay.
- Florida Constitution, Article I, Section 16 protects the accused from prolonged prosecutions that cause unfair prejudice.
- Constitutional speedy trial claims are evaluated using a reasonableness and prejudice analysis, not fixed deadlines.
- Courts consider factors such as:
- Length of delay
- Reason for the delay
- Whether the defendant asserted the right
- Prejudice to the defense
A violation of the constitutional right to a speedy trial can result in dismissal with prejudice, meaning charges cannot be refiled.
Statutory Protections for Speedy Trial Rights
Florida statutes reinforce the constitutional guarantee by recognizing speedy trial rights and directing courts to implement procedures to protect them.
- Fla. Stat. § 918.015 confirms that both the state and the accused have a right to a speedy trial and requires procedural safeguards to enforce that right.
- Fla. Stat. § 960.0015 outlines scheduling procedures following a demand for speedy trial, including:
- Calendar call requirements
- Trial commencement timelines
- Permissible extensions to protect due process
- Grounds for postponement, such as witness unavailability or withdrawal of counsel
These statutes historically worked alongside procedural rules to create predictable trial timelines.
Florida Rule of Criminal Procedure 3.191 (Before the Amendments)
Prior to the recent amendments, Fla. R. Crim. P. 3.191 established firm deadlines:
- 90 days for misdemeanors
- 180 days for felonies
- Speedy trial periods began at arrest
- Upon a demand for a speedy trial:
- Calendar call within 5 days
- Trial set within 5–45 days
- The State had a 10-day recapture period if the speedy trial period expired
These rules provided defendants with clear procedural leverage to enforce their rights.
Major Changes to Florida’s Speedy Trial Rules
The Florida Supreme Court has adopted amendments to Rule 3.191 that significantly alter decades of established practice.
Key Changes Defendants Should Understand
- Speedy trial periods now begin when formal charges are filed, not at arrest
- This means speedy trial deadlines may remain open until:
- Charges are filed, which could occur near the end of the statute of limitations
- In serious cases, potentially years later
- The trial-setting window after a speedy trial demand is now 5 to 60 days, expanded from the prior 45-day limit
- The recapture period for the State has increased from 10 days to 30 days
- Dismissals are now without prejudice unless the defendant proves a constitutional speedy trial violation
In practical terms, procedural speedy trial protections are weaker, placing greater emphasis on constitutional arguments.
Why These Changes Matter for Criminal Defendants
These amendments shift the balance between procedural efficiency and prosecutorial discretion. While procedural deadlines once forced cases forward quickly, defendants may now face extended periods of uncertainty before charges are even filed.
As a result:
- Constitutional speedy trial claims will play a more critical role
- Prejudice caused by delay must be carefully documented
- Strategic decisions about asserting speedy trial rights are more complex
Why Experienced Legal Guidance Is More Important Than Ever
Florida’s speedy trial landscape is changing, and the consequences of delay can be severe. Navigating the interaction between constitutional rights and revised procedural rules requires careful legal strategy.
Our attorneys at Haworth Legal, PLLC work closely with clients to evaluate speedy trial issues, challenge unreasonable delays, and protect their rights at every stage of a criminal case.
If you are facing criminal charges and have concerns about delays or speedy trial rights, experienced legal counsel can help you understand your options and pursue the strongest possible outcome.