Florida Juvenile Procedure Rule 8.090
RULE 8.090. SPEEDY TRIAL
(a) Time. If a petition has been filed alleging a child to have
committed a delinquent act, the child shall be brought to an
adjudicatory hearing without demand within 90 days of the earlier
of the following:
(1) the date the child was taken into custody; or
(2) the date of service of the summons that is issued
when the petition is filed.
(b) Motion to Discharge. If an adjudicatory hearing has not
commenced within 90 days, upon motion timely filed with the court
and served upon the prosecuting attorney, the child shall be
entitled to the appropriate remedy as set forth in subdivision (m).
Before granting such motion, the court shall make the required
inquiry under subdivision (d).
(c) Commencement. A child shall be considered to have
been brought to trial if the adjudicatory hearing begins within the
time provided. The adjudicatory hearing is considered to have
commenced when the first witness is sworn before the judge.
(d) Discharge Exceptions. If the adjudicatory hearing is not
commenced within the periods of time established, the child shall
be entitled to the appropriate remedy as set forth in subdivision (m)
unless any of the following situations exist:
(1) The child has voluntarily waived the right to speedy
trial.
(2) An extension of time has been ordered under
subdivision (f).
(3) The failure to hold an adjudicatory hearing is
attributable to the child, or his or her counsel, or to accommodate a
co-defendant when the state shows the necessity of trying the cases
together.
(4) The child was unavailable for the adjudicatory
hearing. A child is unavailable if:
(A) the child or the child’s counsel fails to attend a
proceeding when their presence is required; or
(B) the child or the child’s counsel is not ready for
the adjudicatory hearing on the date it is scheduled.
No presumption of nonavailability attaches, but if the state
objects to discharge and presents evidence of nonavailability, the
child must, by competent proof, establish availability during the
term.
(5) The demand referred to in subdivision (g) is invalid.
(6) If the court finds discharge is not appropriate, the
pending motion to discharge shall be denied, and an adjudicatory
hearing shall commence within 90 days of a written or recorded
order of denial.
(e) Incompetency of Child. Upon the filing of a motion
suggesting that the child may be incompetent, the speedy trial
period shall be tolled until a subsequent finding of the court that
the child is competent to proceed.
(f) Extension of Time. The period of time established by
subdivision (a) may be extended as follows:
(1) Upon stipulation, announced to the court or signed
by the child or the child’s counsel and the state.
(2) By written or recorded order of the court on the
court’s own motion or motion by either party in exceptional
circumstances. The order extending the period shall recite the
reasons for the extension and the length of the extension.
Exceptional circumstances are those which require an extension as
a matter of substantial justice to the child or the state or both.
Such circumstances include:
(A) unexpected illness or unexpected incapacity or
unforeseeable and unavoidable absence of a person whose presence
or testimony is uniquely necessary for a full and adequate trial;
(B) a showing by the state that the case is so
unusual and so complex, due to the number of child co-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;
(C) 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;
(D) a showing by the child or the state of necessity
for delay grounded on developments which could not have been
anticipated and which will materially affect the trial;
(E) a showing that a delay is necessary to
accommodate a co-defendant, when there is a reason not to sever
the cases in order to proceed promptly with the trial of the child; or
(F) a showing by the state that the child has
caused major delay or disruption of preparation or proceedings,
such as by preventing the attendance of witnesses or otherwise.
Exceptional circumstances shall not include general
congestion of the court’s docket, lack of diligent preparation or
failure to obtain available witnesses, or other avoidable or
foreseeable delays.
(3) By 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 child to stand trial for hearings or pretrial motions, for appeals
by the state, and for adjudicatory hearings of other pending charges
against the child.
(g) Speedy Trial Upon Demand. Except as otherwise
provided by this rule and subject to the limitations imposed by
subdivision (h), the child shall have the right to demand a trial
within 60 days, by filing a pleading titled “Demand for Speedy Trial”
with the court and serving it upon the prosecuting attorney.
(1) No later than 5 days from the filing of a demand for
speedy trial, the court shall set the matter for report, 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 report 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 report.
(3) The failure of the court to hold such a report date
on a demand which has been properly filed shall not interrupt the
running of any time periods under this subdivision (g).
(4) In the event that the child shall not have been
brought to trial within 50 days of the filing of the demand, the child
shall have the right to the appropriate remedy as set forth in
subdivision (m).
(h) Demand for Speedy Trial; Effect. A demand for speedy
trial shall be deemed a pleading by the child that he or she is
available for the adjudicatory hearing, has diligently investigated
the case, and is prepared or will be prepared for the adjudicatory
hearing within 5 days. A demand may not be withdrawn by the
child except on order of the court, with consent of the state, or on
good cause shown. Good cause for continuance or delay on behalf
of the child shall not thereafter include nonreadiness for the
adjudicatory hearing, except as to matters that may arise after the
demand for the adjudicatory hearing is filed and that could not
reasonably have been anticipated by the child or defense counsel.
(i) Discharge After Demand. If an adjudicatory hearing has
not commenced within 50 days after a demand for speedy trial,
upon motion timely filed with the court having jurisdiction and
served upon the prosecuting attorney, the child shall have the right
to the appropriate remedy as set forth in subdivision (m), provided
the court has made the required inquiry under subdivision (d).
(j) Effect of Mistrial, Appeal, or Order of New
Adjudicatory Hearing. A child who is to be tried again or whose
adjudicatory hearing has been delayed by an appeal by the state or
the child 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 adjudicatory hearing, or the date of
receipt by the trial court of a mandate, order, or notice of whatever
form from an appellate or other reviewing court which makes
possible a new adjudicatory hearing for the child, whichever is last.
If the child is not brought to an adjudicatory hearing within the
prescribed time periods, the child shall be entitled to the
appropriate remedy as set forth in subdivision (m).
(k) Discharge From Delinquent Act or Violation of Law;
Effect. Discharge from a delinquent act or violation of law under
this rule shall operate to bar prosecution of the delinquent act or
violation of law charged and all other offenses on which an
adjudicatory hearing has not begun or adjudication obtained or
withheld and that were, or might have been, charged as a lesser
degree or lesser included offense.
(l) Nolle Prosequi; Effect. The intent and effect of this rule
shall not be avoided by the state entering a nolle prosequi to a
delinquent act or violation of law charged and by prosecuting a new
delinquent act or violation of law grounded on the same conduct or
episode or otherwise by prosecuting new and different charges
based on the same delinquent conduct or episode, whether or not
the pending charge is suspended, continued, or the subject of the
entry of a nolle prosequi.
(m) Remedy for Failure to Try Child Within the Specified
Time.
(1) No remedy shall be granted to any child under this
rule until the court shall have made the required inquiry under
subdivision (d).
(2) The child may, at any time after the expiration of
the prescribed time period, file a motion for discharge. Upon filing
the motion the child shall simultaneously file a notice of hearing.
The motion for discharge and its notice of hearing shall be served
upon the prosecuting attorney.
(3) No later than 5 days from the date of the filing of a
motion for discharge, the court shall hold a hearing on the motion
and, unless the court finds that one of the reasons set forth in
subdivision (d) exists, shall order that the child be brought to trial
within 10 days. If the child is not brought to trial within the 10-day
period through no fault of the child, the child shall be forever
discharged from the delinquent act or violation of law.
Committee Notes
1991 Amendment. (m)(2) This rule requires a notice of
hearing at the time of filing the motion for discharge to ensure that
the child’s motion is heard in a timely manner. A dissenting opinion
in the committee was that this change does not protect the child’s
rights but merely ensures that the case is not dismissed because of
clerical error.
(a) Time. If a petition has been filed alleging a child to have
committed a delinquent act, the child shall be brought to an
adjudicatory hearing without demand within 90 days of the earlier
of the following:
(1) the date the child was taken into custody; or
(2) the date of service of the summons that is issued
when the petition is filed.
(b) Motion to Discharge. If an adjudicatory hearing has not
commenced within 90 days, upon motion timely filed with the court
and served upon the prosecuting attorney, the child shall be
entitled to the appropriate remedy as set forth in subdivision (m).
Before granting such motion, the court shall make the required
inquiry under subdivision (d).
(c) Commencement. A child shall be considered to have
been brought to trial if the adjudicatory hearing begins within the
time provided. The adjudicatory hearing is considered to have
commenced when the first witness is sworn before the judge.
(d) Discharge Exceptions. If the adjudicatory hearing is not
commenced within the periods of time established, the child shall
be entitled to the appropriate remedy as set forth in subdivision (m)
unless any of the following situations exist:
(1) The child has voluntarily waived the right to speedy
trial.
(2) An extension of time has been ordered under
subdivision (f).
(3) The failure to hold an adjudicatory hearing is
attributable to the child, or his or her counsel, or to accommodate a
co-defendant when the state shows the necessity of trying the cases
together.
(4) The child was unavailable for the adjudicatory
hearing. A child is unavailable if:
(A) the child or the child’s counsel fails to attend a
proceeding when their presence is required; or
(B) the child or the child’s counsel is not ready for
the adjudicatory hearing on the date it is scheduled.
No presumption of nonavailability attaches, but if the state
objects to discharge and presents evidence of nonavailability, the
child must, by competent proof, establish availability during the
term.
(5) The demand referred to in subdivision (g) is invalid.
(6) If the court finds discharge is not appropriate, the
pending motion to discharge shall be denied, and an adjudicatory
hearing shall commence within 90 days of a written or recorded
order of denial.
(e) Incompetency of Child. Upon the filing of a motion
suggesting that the child may be incompetent, the speedy trial
period shall be tolled until a subsequent finding of the court that
the child is competent to proceed.
(f) Extension of Time. The period of time established by
subdivision (a) may be extended as follows:
(1) Upon stipulation, announced to the court or signed
by the child or the child’s counsel and the state.
(2) By written or recorded order of the court on the
court’s own motion or motion by either party in exceptional
circumstances. The order extending the period shall recite the
reasons for the extension and the length of the extension.
Exceptional circumstances are those which require an extension as
a matter of substantial justice to the child or the state or both.
Such circumstances include:
(A) unexpected illness or unexpected incapacity or
unforeseeable and unavoidable absence of a person whose presence
or testimony is uniquely necessary for a full and adequate trial;
(B) a showing by the state that the case is so
unusual and so complex, due to the number of child co-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;
(C) 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;
(D) a showing by the child or the state of necessity
for delay grounded on developments which could not have been
anticipated and which will materially affect the trial;
(E) a showing that a delay is necessary to
accommodate a co-defendant, when there is a reason not to sever
the cases in order to proceed promptly with the trial of the child; or
(F) a showing by the state that the child has
caused major delay or disruption of preparation or proceedings,
such as by preventing the attendance of witnesses or otherwise.
Exceptional circumstances shall not include general
congestion of the court’s docket, lack of diligent preparation or
failure to obtain available witnesses, or other avoidable or
foreseeable delays.
(3) By 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 child to stand trial for hearings or pretrial motions, for appeals
by the state, and for adjudicatory hearings of other pending charges
against the child.
(g) Speedy Trial Upon Demand. Except as otherwise
provided by this rule and subject to the limitations imposed by
subdivision (h), the child shall have the right to demand a trial
within 60 days, by filing a pleading titled “Demand for Speedy Trial”
with the court and serving it upon the prosecuting attorney.
(1) No later than 5 days from the filing of a demand for
speedy trial, the court shall set the matter for report, 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 report 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 report.
(3) The failure of the court to hold such a report date
on a demand which has been properly filed shall not interrupt the
running of any time periods under this subdivision (g).
(4) In the event that the child shall not have been
brought to trial within 50 days of the filing of the demand, the child
shall have the right to the appropriate remedy as set forth in
subdivision (m).
(h) Demand for Speedy Trial; Effect. A demand for speedy
trial shall be deemed a pleading by the child that he or she is
available for the adjudicatory hearing, has diligently investigated
the case, and is prepared or will be prepared for the adjudicatory
hearing within 5 days. A demand may not be withdrawn by the
child except on order of the court, with consent of the state, or on
good cause shown. Good cause for continuance or delay on behalf
of the child shall not thereafter include nonreadiness for the
adjudicatory hearing, except as to matters that may arise after the
demand for the adjudicatory hearing is filed and that could not
reasonably have been anticipated by the child or defense counsel.
(i) Discharge After Demand. If an adjudicatory hearing has
not commenced within 50 days after a demand for speedy trial,
upon motion timely filed with the court having jurisdiction and
served upon the prosecuting attorney, the child shall have the right
to the appropriate remedy as set forth in subdivision (m), provided
the court has made the required inquiry under subdivision (d).
(j) Effect of Mistrial, Appeal, or Order of New
Adjudicatory Hearing. A child who is to be tried again or whose
adjudicatory hearing has been delayed by an appeal by the state or
the child 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 adjudicatory hearing, or the date of
receipt by the trial court of a mandate, order, or notice of whatever
form from an appellate or other reviewing court which makes
possible a new adjudicatory hearing for the child, whichever is last.
If the child is not brought to an adjudicatory hearing within the
prescribed time periods, the child shall be entitled to the
appropriate remedy as set forth in subdivision (m).
(k) Discharge From Delinquent Act or Violation of Law;
Effect. Discharge from a delinquent act or violation of law under
this rule shall operate to bar prosecution of the delinquent act or
violation of law charged and all other offenses on which an
adjudicatory hearing has not begun or adjudication obtained or
withheld and that were, or might have been, charged as a lesser
degree or lesser included offense.
(l) Nolle Prosequi; Effect. The intent and effect of this rule
shall not be avoided by the state entering a nolle prosequi to a
delinquent act or violation of law charged and by prosecuting a new
delinquent act or violation of law grounded on the same conduct or
episode or otherwise by prosecuting new and different charges
based on the same delinquent conduct or episode, whether or not
the pending charge is suspended, continued, or the subject of the
entry of a nolle prosequi.
(m) Remedy for Failure to Try Child Within the Specified
Time.
(1) No remedy shall be granted to any child under this
rule until the court shall have made the required inquiry under
subdivision (d).
(2) The child may, at any time after the expiration of
the prescribed time period, file a motion for discharge. Upon filing
the motion the child shall simultaneously file a notice of hearing.
The motion for discharge and its notice of hearing shall be served
upon the prosecuting attorney.
(3) No later than 5 days from the date of the filing of a
motion for discharge, the court shall hold a hearing on the motion
and, unless the court finds that one of the reasons set forth in
subdivision (d) exists, shall order that the child be brought to trial
within 10 days. If the child is not brought to trial within the 10-day
period through no fault of the child, the child shall be forever
discharged from the delinquent act or violation of law.
Committee Notes
1991 Amendment. (m)(2) This rule requires a notice of
hearing at the time of filing the motion for discharge to ensure that
the child’s motion is heard in a timely manner. A dissenting opinion
in the committee was that this change does not protect the child’s
rights but merely ensures that the case is not dismissed because of
clerical error.