IN RE: AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 104 So. 3d 304 (Fla. 2012): Subdivision (h) of rule 3.191 (Speedy Trial; Notice of Expiration of Time for Speedy Trial; When Timely) is amended to clarify when a notice of expiration of time for speedy trial is timely filed and served. By striking the phrase “on or” from the portion of the rule providing “on or after the expiration of the periods of time for trial provided in this rule,” the rule clarifies that only after the expiration of time for speedy trial is a notification of such an event timely filed.
COMMENTARY: Interesting amendment. There was a lot of case law that discussed the premature filing of a notice of expiration, that it was proper to sticks it as a nullity. I am happy to see amendments to clarify what I consider a poorly written rule. That notwithstanding, I am sure that pro se defendants, and “jail house” lawyers will still file their notices prematurely. As my old mentor Bob Attridge used to say, “read the statute, and comply.”