Public defenders oppose proposed speedy trial rule changes

The Florida Public Defender Association, Inc. (FPDA) has submitted comments to the Florida Supreme Court opposing significant proposed amendments to the state's speedy trial rules. The association argues that the changes, which represent the most substantial overhaul since 1984, would lead to unfair treatment of criminal defendants, particularly indigent clients, and would make the justice system less efficient.

In their filing on March 8, 2021, the FPDA stated that the proposed amendments could introduce confusion and potential for abuse into an area of law that has functioned without major issues for decades. The association believes the current rules are consistent with the Florida Supreme Court's rulemaking authority and the Legislature's intent.

The FPDA specifically takes issue with proposed changes to Rule 3.191, which they argue aim to overturn several Florida Supreme Court decisions. These decisions, including Born-Suniaga v. State (2018), Genden v. Fuller (1994), and State v. Agee (1993), collectively hold that a defendant is entitled to discharge if speedy trial time periods expire without formal charges being filed, or if the prosecution misleads the defendant.

The proposed