Florida Supreme Court Revises Speedy Trial Rule — But Does It Still Protect Defendants?

Effective July 1, 2025, the Florida Supreme Court implemented major changes to the state’s speedy trial rules that could seriously affect the rights of individuals facing criminal charges. While these revisions are being presented as procedural updates, many attorneys, ourselves included, argue they significantly dilute the protections the speedy trial rule was designed to provide.

Tw0 Key Changes with Serious Implications

1. The Clock Starts Later

Under the new version of Rule 3.191, the speedy trial timeline no longer begins at the time of arrest. Instead, the clock starts only when formal charges are filed. This is a major departure from prior rules and gives law enforcement and prosecutors more time and flexibility before they are subject to any deadlines, potentially leaving defendants in legal limbo for extended periods while charges are pending or investigations drag on.

This change delays when defendants are entitled to the protections of a speedy trial, weakening their ability to challenge undue delay early in the process.

2. Dismissal Now Has No Real Consequences

Even if a speedy trial deadline is violated, the revised rule now mandates that the case be dismissed without prejudice, meaning the State is free to refile charges at any time. The only way a defendant can secure a dismissal with prejudice (which would bar re-prosecution) is by proving a constitutional violation, which is a much higher legal standard and a rare outcome in practice.

This shift effectively removes the incentive for prosecutors to comply strictly with speedy trial rules. Dismissal no longer acts as a deterrent; it becomes a minor procedural reset rather than a true protection.

Other Notable Changes

• The recapture period (time for the State to bring the case to trial after a speedy trial violation) has been extended from 10 to 30 days.

• The timeframe to set a trial after a speedy trial demand is now between 5 and 60 days, increased from the previous 5–45 day window.

• Under Rule 3.134, prosecutors must file charges against a defendant on pretrial release within 60 days, or the defendant must be released on their own recognizance—unless the State can show good cause.

What This Means for Defendants

These changes reduce both the urgency and consequence for the State to act swiftly in bringing a case to trial. The delayed start of the speedy trial clock and the lack of meaningful consequences for missing deadlines mean that defendants may now wait longer for resolution and face greater uncertainty throughout the process.

Stay Protected

If you or someone you know is facing criminal charges in Florida, these changes make it more critical than ever to work with a defense attorney who understands how to navigate the new rules and protect your rights under the revised system. Contact Vitola & Card today for your free consultation.

David M. Vitola, Esq.

Vitola & Card, P.A.

Offices Brooksville, Winter Garden