In Re: Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation

CourtSupreme Court of Florida
DecidedFebruary 13, 2025
DocketSC2025-0016
StatusPublished

This text of In Re: Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation (In Re: Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re: Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation, (Fla. 2025).

Opinion

Supreme Court of Florida ____________

No. SC2025-0016 ____________

IN RE: AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE – 2024 LEGISLATION.

February 13, 2025

PER CURIAM.

The Florida Bar’s Juvenile Court Rules Committee has filed a

“fast-track” report proposing amendments to Florida Rule of

Juvenile Procedure 8.013 (Detention Petition and Order) and to

Florida Rules of Juvenile Procedure Forms 8.929 (Detention Order)

and 8.947 (Disposition Order—Delinquency). 1 The amendments are

in response to recent legislation. See ch. 2024-130, Laws of Fla.

The Florida Bar’s Board of Governors unanimously approved the

proposed amendments.

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e). Having considered the Committee’s proposal and the relevant

legislation, we hereby amend the Florida Rules of Juvenile

Procedure as proposed by the Committee, with a few minor

modifications. The significant amendments are discussed below.

First, a new subdivision (d) is added to rule 8.013. This new

subdivision articulates procedures relating to subsections (g) and

(h) of section 985.255(1), Florida Statutes (2024), which were

enacted by chapter 2024-130, § 10, Laws of Florida. Specifically,

new subdivision (d) states the procedure for filing a motion to

release a juvenile for whom probable cause was found for one or

more of the offenses listed in section 985.255, Florida Statutes, and

it articulates the required contents of an order releasing a child

from secure detention. Rule 8.013 is further amended to require

that reasonable notice must be given to the opposing party

whenever a party files a motion to extend detention.

We make one modification to the Committee’s proposed

language for rule 8.013(d)(3). Under the Committee’s proposed

language, on releasing a child from secure detention, the court

“must state in writing the reasons that the child is not a present

risk to public safety or a danger to the community.” To align with

-2- the language of section 985.255(1)(h), we modify this language to

instead provide that the court “must state in writing the reasons

why the child does not present a risk to public safety or a danger to

the community.”

Next, we amend form 8.929 to incorporate the recent

legislative changes to chapter 985, Florida Statutes. See ch. 2024-

130, Laws of Fla. The amendments to form 8.929 add several

entries to the form, including entries reflecting that sections

985.25, 985.255, and 985.439 now specify mandatory punishments

for certain offenses (including firearm offenses), allow electronic

monitoring to be imposed for probation violations, and require that

youths arrested for certain electronic monitoring violations be

placed in secure detention until a detention hearing.

Finally, we amend form 8.947, also to align with the recent

legislative changes—primarily changes made to chapter 985, Florida

Statutes. The amendments to form 8.947 address new statutory

provisions that eliminate minimum-risk nonresidential commitment

programs, replace non-secure residential commitment programs

with moderate-risk residential commitment programs, allow courts

to commit children to moderate-risk residential commitment

-3- programs in cases that involve possession of firearm charges,

remove references to post-commitment probation, specify conditions

of release from commitment programs, increase the number of days

children can serve in secure detention, permit credit for time

served, and specify additional punishments and conditions relevant

to releasing children from secure detention in cases involving

firearm offenses.

Accordingly, the Florida Rules of Juvenile Procedure are

hereby amended, as reflected in the appendix to this opinion. New

language is indicated with underscoring; deletions are indicated

with struck-through text. The amendments become effective

immediately. Because the amendments were not previously

published for comment, interested persons shall have 75 days from

the date of this opinion to file comments with the Court. 2

2. All comments must be filed with the Court on or before April 29, 2025, with a certificate of service verifying that a copy has been served on Committee Chair Sarah J. Rumph, 325 John Knox Rd., Building South, Tallahassee, Florida 32303, sarah.rumph@myflfamilies.com, and on the Bar Staff Liaison to the Committee, Michael Hodges, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, rules@floridabar.org, 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 May 20, 2025, to file a response to

-4- It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Juvenile Procedure

Sarah J. Rumph, Chair, Juvenile Court Rules Committee, Tallahassee, Florida, Joshua E. Doyle, Executive Director, The Florida Bar, Tallahassee, Florida, and Michael Hodges, Staff Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

any comments filed with the Court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal (Portal). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment may be, but is not required to be, filed via the Portal. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927.

-5- APPENDIX

RULE 8.013. DETENTION PETITION AND ORDER

(a) - (b) [No Change]

(c) Additional Requirements for Secure Detention.

(1) All motions to extend detention as provided by law must be in writing and filed with the court. Reasonable notice must be provided to the opposing party.

(2) [No Change]

(d) Additional Requirement for Designated Offenses.

(1) All motions to release a juvenile for whom probable cause was found for one or more of the offenses listed in section 985.255, Florida Statutes, if made after the initial detention hearing, must be in writing and filed with the court. Reasonable notice must be provided to the opposing party.

(2) The moving party must present evidence supporting their position and the opposing party may offer rebuttal evidence.

(3) On making findings as provided by law, if the court releases the child from secure detention, the court must state in writing the reasons that the child does not present a risk to public safety or a danger to the community. The order must list the child’s prior adjudications, dispositions, and prior violations of pretrial release orders.

(4) The court must provide a copy of the release order to the victim, the law enforcement agency that arrested the child, and the law enforcement agency with primary jurisdiction over the child’s primary residence.

(e) Petition. The detention petition must:

(1) – (7) [No Change]

-6- (e)(f) Order. The detention order must:

(1) – (10) [No Change]

FORM 8.929. DETENTION ORDER

DETENTION HEARING ORDER

Pick up order for absconding from: ..... home detentionsupervised release ..... probation .....

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