RULE 3.191. SPEEDY TRIAL

(a) Speedy Trial without Demand. Except as otherwise
provided by this rule, and subject to the limitations imposed under
subdivisions (e) and (f), every person charged with a crime shall be
brought to trial within 90 days of arrest if the crime charged is a
misdemeanor, or within 175 days of arrest if the crime charged is a
felony. If trial is not commenced within these time periods, the
defendant shall be entitled to the appropriate remedy as set forth in
subdivision (p). The time periods established by this subdivision
shall commence when the person is taken into custody as defined
under subdivision (d). A person charged with a crime is entitled to
the benefits of this rule whether the person is in custody in a jail or
correctional institution of this state or a political subdivision thereof
or is at liberty on bail or recognizance or other pretrial release
condition. This subdivision shall cease to apply whenever a person
files a valid demand for speedy trial under subdivision (b).

(b) Speedy Trial upon Demand. Except as otherwise
provided by this rule, and subject to the limitations imposed under
subdivisions (e) and (g), every person charged with a crime by
indictment or information shall have the right to demand a trial
within 60 days, by filing with the court a separate pleading entitled
“Demand for Speedy Trial,” and serving a copy on the prosecuting
authority.

(1) No later than 5 days from the filing of a demand for
speedy trial, the court shall hold a calendar call, with notice to all
parties, for the express purposes of announcing in open court
receipt of the demand and of setting the case for trial.

(2) At the calendar call the court shall set the case for
trial to commence at a date no less than 5 days nor more than 45
days from the date of the calendar call.

(3) The failure of the court to hold a calendar call on a
demand that has been properly filed and served shall not interrupt
the running of any time periods under this subdivision.
(4) If the defendant has not been brought to trial within
50 days of the filing of the demand, the defendant shall have the
right to the appropriate remedy as set forth in subdivision (p).

(c) Commencement of Trial. A person shall be considered
to have been brought to trial if the trial commences within the time
herein provided. The trial is considered to have commenced when
the trial jury panel for that specific trial is sworn for voir dire
examination or, on waiver of a jury trial, when the trial proceedings
begin before the judge.

(d) Custody. For purposes of this rule, a person is taken
into custody:

(1) when the person is arrested as a result of the
conduct or criminal episode that gave rise to the crime charged; or

(2) when the person is served with a notice to appear in
lieu of physical arrest.

(e) Prisoners outside Jurisdiction. A person who is in
federal custody or incarcerated in a jail or correctional institution
outside the jurisdiction of this state or a subdivision thereof, and
who is charged with a crime by indictment or information issued or
filed under the laws of this state, is not entitled to the benefit of this
rule until that person returns or is returned to the jurisdiction of
the court within which the Florida charge is pending and until
written notice of the person’s return is filed with the court and
served on the prosecutor. For these persons, the time period under
subdivision (a) commences on the date the last act required under
this subdivision occurs. For these persons the time period under
subdivision (b) commences when the demand is filed so long as the
acts required under this subdivision occur before the filing of the
demand. If the acts required under this subdivision do not precede
the filing of the demand, the demand is invalid and shall be
stricken upon motion of the prosecuting attorney. Nothing in this
rule shall affect a prisoner’s right to speedy trial under law.

(f) Consolidation of Felony and Misdemeanor. When a
felony and a misdemeanor are consolidated for disposition in circuit
court, the misdemeanor shall be governed by the same time period
applicable to the felony.

(g) Demand for Speedy Trial; Accused Is Bound. A
demand for speedy trial binds the accused and the state. No
demand for speedy trial shall be filed or served unless the accused
has a bona fide desire to obtain a trial sooner than otherwise might
be provided. A demand for speedy trial shall be considered a
pleading that the accused is available for trial, has diligently
investigated the case, and is prepared or will be prepared for trial
within 5 days. A demand filed by an accused who has not diligently
investigated the case or who is not timely prepared for trial shall be
stricken as invalid on motion of the prosecuting attorney. A demand
may not be withdrawn by the accused except on order of the court,
with consent of the state or on good cause shown. Good cause for
continuances or delay on behalf of the accused thereafter shall not
include nonreadiness for trial, except as to matters that may arise
after the demand for trial is filed and that reasonably could not
have been anticipated by the accused or counsel for the accused. A
person who has demanded speedy trial, who thereafter is not
prepared for trial, is not entitled to continuance or delay except as
provided in this rule.

(h) Notice of Expiration of Time for Speedy Trial; When
Timely. A notice of expiration of speedy trial time shall be timely if
filed and served after the expiration of the periods of time for trial
provided in this rule. However, a notice of expiration of speedy trial
time filed before expiration of the period of time for trial is invalid
and shall be stricken on motion of the prosecuting attorney.

(i) When Time May Be Extended. The periods of time
established by this rule may be extended, provided the period of
time sought to be extended has not expired at the time the
extension was procured. An extension may be procured by:

(1) stipulation, announced to the court or signed in
proper person or by counsel, by the party against whom the
stipulation is sought to be enforced;
(2) written or recorded order of the court on the court’s
own motion or motion by either party in exceptional circumstances
as hereafter defined in subdivision (l);

(3) written or recorded order of the court with good
cause shown by the accused;

(4) written or recorded order of the court for a period of
reasonable and necessary delay resulting from proceedings
including but not limited to an examination and hearing to
determine the mental competency or physical ability of the
defendant to stand trial, for hearings on pretrial motions, for
appeals by the state, for DNA testing ordered on the defendant’s
behalf upon defendant’s motion specifying the physical evidence to
be tested pursuant to section 925.12(2), Florida Statutes, and for
trial of other pending criminal charges against the accused; or

(5) administrative order issued by the chief justice,
under Florida Rule of General Practice and Judicial Administration
2.205(a)(2)(B)(iv) or (v), suspending the speedy trial procedures as
stated therein.

(j) Delay and Continuances; Effect on Motion. If trial of
the accused does not commence within the periods of time
established by this rule, a pending motion for discharge shall be
granted by the court unless it is shown that:

(1) a time extension has been ordered under
subdivision (i) and that extension has not expired;

(2) the failure to hold trial is attributable to the
accused, a codefendant in the same trial, or their counsel;

(3) the accused was unavailable for trial under
subdivision (k); or

(4) the demand referred to in subdivision (g) is invalid.

If the court finds that discharge is not appropriate for reasons
under subdivisions (j)(2), (j)(3), or (j)(4), the pending motion for
discharge shall be denied, provided, however, that trial shall be
scheduled and commence within 90 days of a written or recorded
order of denial.

(k) Availability for Trial. A person is unavailable for trial if
the person or the person’s counsel fails to attend a proceeding at
which either’s presence is required by these rules, or the person or
counsel is not ready for trial on the date trial is scheduled. A person
who has not been available for trial during the term provided for in
this rule is not entitled to be discharged. No presumption of
nonavailability attaches, but if the state objects to discharge and
presents any evidence tending to show nonavailability, the accused
must establish, by competent proof, availability during the term.

(l) Exceptional Circumstances. As permitted by
subdivision (i) of this rule, the court may order an extension of the
time periods provided under this rule when exceptional
circumstances are shown to exist. Exceptional circumstances may
not include general congestion of the court’s docket, lack of diligent
preparation, failure to obtain available witnesses, or other avoidable
or foreseeable delays. Exceptional circumstances are those that, as
a matter of substantial justice to the accused or the state or both,
require an order by the court. These circumstances include, but are
not limited to:

(1) unexpected illness, unexpected incapacity, or
unforeseeable and unavoidable absence of a person whose presence
or testimony is uniquely necessary for a full and adequate trial;

(2) a showing by the state that the case is so unusual
and so complex, because of the number of defendants or the nature
of the prosecution or otherwise, that it is unreasonable to expect
adequate investigation or preparation within the periods of time
established by this rule;

(3) a showing by the state that specific evidence or
testimony is not available despite diligent efforts to secure it, but
will become available at a later time;
(4) a showing by the accused or the state of necessity
for delay grounded on developments that could not have been
anticipated and that materially will affect the trial;

(5) a showing that a delay is necessary to accommodate
a codefendant, when there is reason not to sever the cases to
proceed promptly with trial of the defendant; or

(6) a showing by the state that the accused has caused
major delay or disruption of preparation of proceedings, as by
preventing the attendance of witnesses or otherwise.

(m) Effect of Mistrial; Appeal; Order of New Trial. A person
who is to be tried again or whose trial has been delayed by an
appeal by the state or the defendant shall be brought to trial within
90 days from the date of declaration of a mistrial by the trial court,
the date of an order by the trial court granting a new trial, the date
of an order by the trial court granting a motion in arrest of
judgment, or the date of receipt by the trial court of a mandate,
order, or notice of whatever form from a reviewing court that makes
possible a new trial for the defendant, whichever is last in time. If a
defendant is not brought to trial within the prescribed time periods,
the defendant shall be entitled to the appropriate remedy as set
forth in subdivision (p).

(n) Discharge from Crime; Effect. Discharge from a crime
under this rule shall operate to bar prosecution of the crime
charged and of all other crimes on which trial has not commenced
nor conviction obtained nor adjudication withheld and that were or
might have been charged as a result of the same conduct or
criminal episode as a lesser degree or lesser included offense.

(o) Nolle Prosequi; Effect. The intent and effect of this rule
shall not be avoided by the state by entering a nolle prosequi to a
crime charged and by prosecuting a new crime grounded on the
same conduct or criminal episode or otherwise by prosecuting new
and different charges based on the same conduct or criminal
episode, whether or not the pending charge is suspended,
continued, or is the subject of entry of a nolle prosequi.
(p) Remedy for Failure to Try Defendant within the
Specified Time.

(1) No remedy shall be granted to any defendant under
this rule until the court has made the required inquiry under
subdivision (j).

(2) At any time after the expiration of the prescribed
time period, the defendant may file a separate pleading entitled
“Notice of Expiration of Speedy Trial Time,” and serve a copy on the
prosecuting authority.

(3) No later than 5 days from the date of the filing of a
notice of expiration of speedy trial time, the court shall hold a
hearing on the notice and, unless the court finds that one of the
reasons set forth in subdivision (j) exists, shall order that the
defendant be brought to trial within 10 days. A defendant not
brought to trial within the 10-day period through no fault of the
defendant, on motion of the defendant or the court, shall be forever
discharged from the crime.

Committee Notes

1972 Amendment. Same as prior rule. The schedule is
omitted as being unnecessary.

1977 Amendment. An appeal by the state from an order
dismissing the case constitutes an interlocutory appeal and should
be treated as such. The additional phrase removes any ambiguities
in the existing rule.

1980 Amendment.

(a)(1). Speedy Trial without Demand.

1. Prisoners in Florida institutions are now treated like any
other defendant [formerly (b)(1)].

2. Federal prisoners and prisoners outside Florida may
claim the benefit of this subdivision once special prerequisites are
satisfied under (b)(1).
3. Before a court can discharge a defendant, the court must
make complete inquiry to ensure that discharge is appropriate.

(a)(2). Speedy Trial upon Demand.

1. Trial cannot be scheduled within 5 days of the filing of
the demand without the consent of both the state and the
defendant.

2. Before a court can discharge a defendant, the court must
make complete inquiry to ensure that discharge is appropriate.

3. Prisoners in Florida are now treated like any other
defendant [formerly (b)(2)].

4. Federal prisoners and prisoners outside Florida may
claim the benefit of this subdivision once special prerequisites are
satisfied under (b)(1).

(a)(3). Commencement of Trial.

1. Minor change in language to reflect case law.

(a)(4). Custody. [NEW]

1. Custody is defined in terms tantamount to arrest. This
definition was formerly contained in (a)(1).

2. Where a notice to appear is served in lieu of arrest,
custody results on the date the notice is served.

(b)(1). Prisoners outside Jurisdiction. [NEW]

1. Prisoners outside the jurisdiction of Florida may claim
benefit under (a)(1) and (a)(2) after the prisoner returns to the
jurisdiction of the court where the charge is pending and after the
prisoner files and serves a notice of this fact.

2. As an alternative, certain prisoners may claim the benefit
of sections 941.45–941.50, Florida Statutes (1979).

3. Former (b)(1) is repealed.
(b)(2). [NEW]

1. Where a misdemeanor and felony are consolidated for
purposes of trial in circuit court, the misdemeanor is governed by
the same time period applicable to the felony. To claim benefit
under this provision, the crimes must be consolidated before the
normal time period applicable to misdemeanors has expired.

2. Former (b)(2) is repealed.

(b)(3). Repealed and superseded by (b)(1).

(c). Demand for Speedy Trial.

1. The subdivision recognizes that an invalid (spurious)
demand must be stricken.

2. The subdivision now puts a 5-day limit on the time when
a defendant must be prepared.

(d)(1). Motion for Discharge.

1. Under the amended provision, a prematurely filed motion
is invalid and may be stricken.

(d)(2). When Time May Be Extended.

1. The terms “waiver,” “tolling,” or “suspension” have no
meaning within the context of the subdivision as amended. The
subdivision addresses extensions for a specified period of time.

2. Except for stipulations, all extensions require an order of
the court.

3. The term “recorded order” refers to stenographic
recording and not recording of a written order by the clerk.

(d)(3). Delay and Continuances.

1. Even though the normal time limit has expired under
(a)(1) or (a)(2), a trial court may not properly discharge a defendant
without making a complete inquiry of possible reasons to deny
discharge. If the court finds that the time period has been properly
extended and the extension has not expired, the court must simply
deny the motion. If the court finds that the delay is attributable to
the accused, that the accused was unavailable for trial, or that the
demand was invalid, the court must deny the motion and schedule
trial within 90 days. If the court has before it a valid motion for
discharge and none of the above circumstances are present, the
court must grant the motion.

(e). Availability for Trial.

1. Availability for trial is now defined solely in terms of
required attendance and readiness for trial.

(f). Exceptional Circumstances.

1. The 2 extension limit for unavailable evidence has been
discarded.

2. The new trial date paragraph was eliminated because it
simply was unnecessary.

(g). Effect of Mistrial; Appeal; Order of New Trial.

1. Makes uniform a 90-day period within which a defendant
must be brought to trial after a mistrial, order of new trial, or
appeal by the state or defendant.

(h)(1). Discharge from Crime.

1. No change.

(h)(2). Nolle Prosequi.

1. No change.

1984 Amendment.

(a)(1). Repeals the remedy of automatic discharge from the
crime and refers instead to the new subdivision on remedies.

(a)(2). Establishes the calendar call for the demand for
speedy trial when filed. This provision, especially sought by
prosecutors, brings the matter to the attention of both the court
and the prosecution. The subdivision again repeals the automatic
discharge for failure to meet the mandated time limit, referring to
the new subdivision on remedies for the appropriate remedy.

(I). The intent of (I)(4) is to provide the state attorney with 15
days within which to bring a defendant to trial from the date of the
filing of the motion for discharge. This time begins with the filing of
the motion and continues regardless of whether the judge hears the
motion.

This subdivision provides that, upon failure of the prosecution
to meet the mandated time periods, the defendant shall file a
motion for discharge, which will then be heard by the court within 5
days. The court sets trial of the defendant within 10 additional
days. The total 15-day period was chosen carefully by the
committee, the consensus being that the period was long enough
that the system could, in fact, bring to trial a defendant not yet
tried, but short enough that the pressure to try defendants within
the prescribed time period would remain. In other words, it gives
the system a chance to remedy a mistake; it does not permit the
system to forget about the time constraints. It was felt that a period
of 10 days was too short, giving the system insufficient time in
which to bring a defendant to trial; the period of 30 days was too
long, removing incentive to maintain strict docket control in order
to remain within the prescribed time periods.

The committee further felt that it was not appropriate to
extend the new remedy provisions to misdemeanors, but only to
more serious offenses.

1992 Amendment. The purpose of the amendments is to
gender neutralize the wording of the rule. In addition, the
committee recommends the rule be amended to differentiate
between 2 separate and distinct pleadings now referred to as
“motion for discharge.” The initial “motion for discharge” has been
renamed “notice of expiration of speedy trial time.”

2018 Amendment. In light of the ruling in Smart v. State, 179
So. 3d 477 (Fla. 4th DCA 2015), as well as the precedent cited
therein, the committee notes that the reference to the swearing in of
trial jury panel for voir dire examination contained in the Florida
Rule of Criminal Procedure 3.191(c) relates to the giving of the oath
contained in Florida Rule of Criminal Procedure 3.300(a). The oath
is not required to be given in any particular location or by any
particular official.