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Juvenile Court Rules Committee three-year cycle amendments.

The Juvenile Court Rules Committee invites comment on proposed
three-year cycle amendments to the Florida Rules of Juvenile Procedure
shown below. The full text of the proposals can be found on The
Florida Bar's Web site at www.FloridaBar.org. Interested persons
have until August 1, 2008, to submit comments electronically to
David Silverstein, Chair, at David.Silverstein@myfl oridalegal.com.

 RULE/FORM       VOTE     EXPLANATION

Ineffective     18-2-3    Committee voted not to submit a rule to
Assistance of             the Court because the issue is substantive
  Counsel                 rather than procedural.

                          NOTE: Some amendments to Rules 8.010,
                          8.070, 8.080, 8.100, and 8.115 are in
                          response to the National Juvenile Defender
                          Center's (NJDC) Assessment

   8.010        22-0-1    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        19-1-2    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        21-0-1;   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.
                          New subdivision (b)(9) adds a requirement
                          that the child be advised of the effect of
                          a nolo contendere or guilty plea on
                          immigration status, conforming to
                          Fla.R.Crim.P. 3.172(c)(8).

                17-11-1   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        12-11-1   Amended to conform to the NJDC report by
                          providing that restraints, such as
                          handcuffs, chains, irons, or strait-
                          jackets, 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        23-0-0;   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.

                28-0-0    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        27-5-2    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        17-4-3    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        33-0-1    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        16-7-1    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

   8.265        27-5-2    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        33-0-1    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        30-0-2    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        30-0-2    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        20-0-0    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)      24-0-0    Creates a new form order concerning a
                          for a tuition and fee waiver for
                          post-secondary education.

   8.982        20-0-0    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:1USA
Date:Jun 15, 2008
Words:917
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