3.2 Speedy Trial Rules and Pre-Trial Motions

Florida's speedy trial rules, governed by Florida Rule of Criminal Procedure 3.191, establish strict deadlines running from the moment of arrest (custody or notice to appear), rather than using the flexible balancing tests found under federal law. The right to a speedy trial is a fundamental constitutional guarantee that is strictly enforced through detailed procedural mechanisms.

General Speedy Trial Limits (Without Demand)

If a defendant does not make a formal demand for a speedy trial, the State must bring the defendant to trial within the following time frames:

• Misdemeanors: Within 90 days of the defendant's arrest.
• Felonies: Within 175 days of the defendant's arrest.
• Retrials: If a trial ends in a mistrial, or if a new trial is ordered by an appellate court, the trial must commence within 90 days of the order granting the new trial or the declaration of mistrial.

These time limits apply even if the State's delay is unintentional. If the defendant is charged with both a misdemeanor and a felony arising out of the same conduct, the entire case is governed by the 175-day felony speedy trial window.

Demand for Speedy Trial

A defendant has the right to accelerate the trial timeline by filing a "Demand for Speedy Trial" at any time after the formal charges (indictment or information) have been filed. Filing a demand is a significant tactical decision because it acts as a representation to the court that the defendant is prepared for trial within 5 days and has investigated the case. Once a demand is filed, the defense cannot obtain a continuance unless there are exceptional circumstances.

Upon the filing of a Demand for Speedy Trial, the procedural clock runs as follows:

1. The court must hold a calendar call within 5 days of the filing of the demand.
2. The court must set the case for trial to commence between 5 and 45 days from the date of the calendar call.
3. Therefore, the trial must commence within 50 days of the date the demand was filed.

The Remedy: Notice of Expiration and the Recapture Window

The failure of the State to try a defendant within the 90-day, 175-day, or 50-day limits does not result in an automatic dismissal or discharge. Instead, the defendant must take action by filing a document titled Notice of Expiration of Speedy Trial Time.

Filing the Notice triggers a 15-day "Recapture Period" under Rule 3.191(p). The recapture process consists of the following steps:

1. The Hearing: The court must hold a hearing within 5 days of the filing of the Notice. At this hearing, the court determines whether any of the statutory reasons for denying discharge apply. Under Rule 3.191(j), discharge will be denied if: a time extension has been ordered by the court; the delay is attributable to the defendant, defense counsel, or a co-defendant; the defendant or counsel failed to attend a required proceeding; or the demand was invalid.
2. The Trial Set: If no valid exception applies, the court must order that the trial commence within 10 days of the hearing.
3. Discharge: If the trial does not commence within this 10-day period (through no fault of the defendant), the defendant is entitled to a formal discharge. Upon motion, the court must enter an order of discharge, which forever bars the State from prosecuting the defendant for that offense. The total recapture window is thus 15 days (5 days to hold the hearing, and 10 days from that hearing to start the trial).

Extensions and Waivers

Speedy trial limits can be extended only by written stipulation of the parties or by court order under specific circumstances. The court may order an extension for "exceptional circumstances" (Rule 3.191(l)), which include: unexpected illness or incapacity of a key party or witness; extreme complexity of the case; the need to secure physical evidence; or a natural disaster. Importantly, general court congestion, administrative delays, or prosecutor caseloads do not constitute exceptional circumstances. A defendant waives their speedy trial rights if defense counsel requests a continuance at any point before the speedy trial time expires.

Pre-Trial Motions

• Motion to Suppress (Rule 3.190(g) & (h)): A defendant may file a motion to suppress illegally obtained evidence or statements. The motion must be in writing, state the specific evidence to be suppressed, and set forth the particular grounds and facts supporting the motion. Pre-trial motions to suppress must be filed before the trial begins. The court may entertain a motion during trial only if the defendant had no prior opportunity to file it or was unaware of the grounds.
• Motion to Dismiss (Rule 3.190(c)): A motion to dismiss charges must generally be filed at or before arraignment. However, there are four exceptions that can be raised at any time during the proceedings: (1) Double jeopardy, (2) Pardon, (3) Immunity, or (4) the undisputed facts do not establish a prima facie case of guilt (known as a (c)(4) motion).
• The (c)(4) Motion Procedure: Under Rule 3.190(c)(4), a motion to dismiss alleging that there are no disputed material facts and the undisputed facts do not show a prima facie case must be signed under oath by the defendant. The State can defeat this motion by filing a traverse specifically denying the material facts under oath. If the State files a traverse, the court must deny the motion, as factual disputes are reserved for the jury.