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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

RULE/FORM     EXPLANATION

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
              8.165.

              Subdivision (d)(2) has been amended to require that
              the disposition order specifically list any credit
              for time served in secure detention before
              disposition.

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
              Rule 8.130.

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
              post-secondary education.

8.982         Creates a new form for a Notice of Action for
              Advisory Hearing in a termination of parental rights
              case.
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Title Annotation:Notice
Publication:Florida Bar News
Geographic Code:1U5FL
Date:Mar 1, 2009
Words:954
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