Amendments to the Juvenile Rules.
The Florida Bar's Juvenile Court Rules Committee has submitted
to the Florida Supreme Court a regular-cycle report proposing amendments
to the Florida Rules of Juvenile Procedure. The court invites all
interested persons to comment on the committee's proposed
amendments, which are summarized below and which are reproduced in full
online at www.floridasupremecourt. org/decisions/proposed.shtml. An
original and nine paper copies of all comments must be filed with the
Court on or before April 1, 2009, with a certificate of service
verifying that copy has been served on David N. Silverstein, Committee
Chair, 501 E. Kennedy Blvd, Suite 1100, Tampa 33602-5242, as well as a
separate request for oral argument if the person filing the comment
wishes to participate in oral argument which may be scheduled in this
case. The committee chair has until April 22, 2009, to file a response
to any comments filed with the Court. Electronic copies of all comments
also must be filed in accordance with the Court's administrative
order In re Mandatory Submission of Electronic Copies of Documents, Fla.
Admin. Order No. AOSC04-84 (Sept. 13, 2004).
IN THE SUPREME COURT OF FLORIDA
IN RE AMENDMENTS TO THE FLORIDA RULES
OF JUVENILE PROCEDURE, SC09-141
8.010 Adds sentence in subdivision (b), incorporating
requirements of [section] 985.255(3)(a), Fla. Stat.
In response to the NJDC Assessment, creates a new
subdivision (e) requiring that the child be advised
of the right to counsel at the detention hearing and
that counsel be appointed unless waived under Rule
8.165. Deletes current subdivision (e)(2) and
renumbers subsequent subdivisions.
8.070 In response to the NJDC recommendations, amends
subdivision (a) to require appointment of counsel at
the arraignment hearing if the child qualifies for
appointment and does not waive counsel under Rule
8.165. Amendments to new subdivision (b), Pleas,
conform to Fla.R.Crim.P. 3.160. New sentences have
been added regarding reading of the charges and the
filing of written plea agreements. A sentence has
also been added providing the child a "reasonable
time to prepare for trial."
8.080 In response to the NJDC recommendations, subdivision
(b) has been amended to require that the court
determine that the child understand the "rights and
consequences of entering a guilty or nolo contendere
plea." A requirement has been added to subdivision
(b)(2) that counsel be appointed for a child who
qualifies and has not waived counsel under Rule
8.165. Subdivision (b)(8) has been amended to conform
to Fla.R.Crim.P. 3.172(c)(9), by advising the child
that a plea may subject the child to possible
involuntary civil commitment as a sexual predator.
Subdivision (f) has been amended to conform to
Fla.R.Crim.P. 3.172(h), allowing a plea to be
withdrawn if the judge does not concur.
8.100 Amended to conform to the NJDC report by providing
that restraints, such as handcuffs, chains, irons, or
straitjackets, may not be used during a court
appearance unless the use is required by one of three
factors and there is no less restrictive means to
prevent physical harm to the child or others or
flight by the child.
8.115 In conformance with the NJDC recommendations,
subdivision (b) has been created to require that
counsel be appointed at a disposition hearing,
including hearings when the case has been transferred
for disposition, if the child qualifies for
appointment and has not waived counsel under Rule
Subdivision (d)(2) has been amended to require that
the disposition order specifically list any credit
for time served in secure detention before
8.130 Amends subdivision (b)(3) to state that a motion for
rehearing tolls the time for taking an appeal. See
also Rule 8.265.
8.225 Subdivisions (a)(4)(A)(iii), (a)(4)(B) and the last
sentence of (a)(4)(C) have been amended to eliminate
the use of mail to serve summons and other process on
persons outside the state. Conforms to requirements
for service in the state. Grammatical corrections.
8.235 Amends subdivision (b) to provide that a motion to
dismiss may be to dismiss the petition or the
allegations against a particular party. Amends
subdivision (c) to make the same change for a sworn
motion to dismiss.
8.257 Amends subdivisions (b)(3)(A), (e)(2), and (g) to
permit the movant to provide a transcript, an
electronic recording, or a stipulation by the parties
of the evidence considered by the general magistrate
when filing exceptions to the magistrate's report.
8.265 Amends subdivision (b)(3) to state that the court
must rule on a motion for rehearing within 10 days
after filing or it is considered denied. See also
8.310 Similarly to Rule 8.235, subdivision (e) has been
amended to provide for dismissal of the petition or
the allegations against only one party.
8.400 Subdivisions (d)(7), (d)(8), and (f) have been
amended to clarify that a case plan must be filed and
served 3 business days before the disposition or case
plan review hearing.
8.410 Subdivision (a) has been amended to require that the
court review the contents of the case plan at the
disposition or case plan review hearing.
8.505 Subdivision (c) has been amended to specify the
information that must be contained in a notice of
action for a termination of parental rights case. See
also Form 8.982.
8.978(a) Creates a new form order concerning a youth's
eligibility for a tuition and fee waiver for
8.982 Creates a new form for a Notice of Action for
Advisory Hearing in a termination of parental rights