Key Changes to Florida’s Speedy Trial Rule Effective July 1, 2025

The Florida Supreme Court has made significant changes to the state’s Speedy Trial Rule (Rule 3.191), impacting defendants facing criminal charges. These revisions, effective July 1, 2025, could affect how quickly a case moves through the court system and the remedies available if the state fails to prosecute within the required time limits.

If you’re facing criminal charges in Tampa, Hillsborough County, or surrounding areas, it’s crucial to understand these changes and how they may impact your rights. The Brancato Law Firm, P.A. stays ahead of legal developments to ensure our clients receive the strongest possible defense.

Why the Speedy Trial Rule Matters

The Speedy Trial Rule protects defendants from excessive delays in prosecution, ensuring they receive a fair trial within a reasonable timeframe. Without these protections, individuals could face prolonged legal uncertainty, extended incarceration, and unnecessary restrictions on their freedom. Understanding the recent changes is essential for anyone involved in Florida’s criminal justice system.

Key Changes to Florida’s Speedy Trial Rule

1. Speedy Trial Without Demand: When Does the Clock Start?

Previously, the speedy trial period began when a person was taken into custody. Under the new rule, the clock starts when formal charges are filed, not at the time of arrest (Fla. R. Crim. P. 3.191(a)).

• Misdemeanors: The trial must begin within 90 days of formal charges being filed (Fla. R. Crim. P. 3.191(a)(1)).
• Felonies: The trial must begin within 175 days of formal charges being filed (Fla. R. Crim. P. 3.191(a)(2)).

This change means that law enforcement can arrest an individual, but the speedy trial protections won’t apply until the prosecution formally charges them.

2. Speedy Trial Upon Demand: New Timeframes

Defendants can still demand a trial within 60 days by filing a Demand for Speedy Trial, but the timeline for the trial has been modified:

• The trial must now begin between 5 and 60 days (previously 5 and 45 days) after the demand is filed (Fla. R. Crim. P. 3.191(b)).
• If the trial does not occur within 60 days, the defendant is entitled to a remedy, including potential dismissal of charges (Fla. R. Crim. P. 3.191(p)).

3. Removal of Custody Definition

The revised rule removes the previous definition of when a person is considered in custody under the Speedy Trial Rule. As a result, the speedy trial clock now starts solely upon the filing of formal charges.

4. New Timeframes for Defendants Awaiting Charges

The state now faces stricter deadlines for filing formal charges:

• For defendants in custody:
  • The state must file charges within 30 days of arrest (Fla. R. Crim. P. 3.134).
  • If charges are not filed, the defendant must be released by the 33rd day, unless the state provides good cause for an extension.
  • The maximum extension is 40 days; beyond this, the defendant must be released (Fla. R. Crim. P. 3.134(d)).
• For defendants not in custody:
  • Charges must be filed within 60 days of arrest.
  • If not filed, the defendant must be released from all pretrial conditions by the 63rd day, unless the state provides good cause for an extension.
  • If the prosecution shows good cause for not filing charges within 60 days, the court may extend the pretrial release period by an additional 30 days.
  • If charges are still not filed after this extension, the defendant must be fully released from pretrial conditions (Fla. R. Crim. P 3.134(b)(2)).

5. New ‘Recapture’ Period for Speedy Trial Violations

If the state fails to bring a defendant to trial within the required timeframe:

• The defendant must file a Notice of Expiration of Speedy Trial Time (Fla. R. Crim. P. 3.191(p)).
• The court must schedule a hearing within 5 days.
• The prosecution then has 30 days (previously 10 days) to bring the defendant to trial.
• If the trial does not occur within those 30 days, the charges must be dismissed without prejudice, unless the court determines that the defendant’s constitutional right to a speedy trial has been violated, in which case the dismissal will be with prejudice (Fla. R. Crim. P. 3.191(p)(3)).

This change represents a major shift from the previous rule, where failure to bring a defendant to trial within the specified time led to the defendant being forever discharged from the crime. Now, unless there is a constitutional violation, the state may refile charges after a dismissal without prejudice. While this revision grants prosecutors more flexibility, it also raises concerns about the potential for repeated delays and re-filings. Skilled Tampa Attorneys will need to invoke the Right to Constitutional Speedy Trial (see our recent post on Constitutional Speedy Trial to learn more).

6. Removal of the Nolle Prosequi Provision

The revised rule eliminates the previous section (Fla. R. Crim. P. 3.191(o)) that addressed the effect of a nolle prosequi (voluntary dismissal of charges). This means that the rule no longer explicitly prevents the state from dismissing and re-filing charges to manipulate the speedy trial clock. As a result, defendants must be aware that a dismissal and re-filing by the prosecution may not be subject to the same restrictions as before.

7. Effective Date of the New Rule

The revised Speedy Trial Rule takes effect on July 1, 2025:

• Cases initiated before this date will follow the previous version of the rule.
• Cases initiated on or after July 1, 2025 will follow the new procedures.

What These Changes Mean for You

If you’re facing criminal charges in Tampa or any part of Hillsborough County, these rule changes could impact how your case progresses. Prosecutors now have stricter deadlines for filing charges for defendants who are out of custody, but the new rules allow for more lenient delays on their part.

At The Brancato Law Firm, P.A., we are committed to ensuring that your rights are protected under Florida’s legal system. If you or a loved one has been arrested, time is critical. The sooner you hire an experienced defense attorney, the better your chances of ensuring the state meets its obligations under the Speedy Trial Rule.

Call Rocky Brancato today at 813-592-8981 for a consultation.

Let us help you navigate these legal changes and fight for the best possible outcome in your case.