In re Amendments to the Florida Rules of Juvenile Procedure

115 So. 3d 286, 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756
CourtSupreme Court of Florida
DecidedMay 23, 2013
DocketNo. SC12-188
StatusPublished
Cited by2 cases

This text of 115 So. 3d 286 (In re Amendments to the Florida Rules of Juvenile Procedure) 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.

Bluebook
In re Amendments to the Florida Rules of Juvenile Procedure, 115 So. 3d 286, 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756 (Fla. 2013).

Opinion

PER CURIAM.

The Juvenile Court Rules Committee (Committee) has filed its regular-cycle report of proposed rules and forms amendments in accordance with Florida Rule of Judicial Administration 2.140(b). We have jurisdiction. See art. V, § 2(a), Fla. Const.

BACKGROUND

The Committee proposes amendments to rules 8.035 (Petitions for Delinquency), 8.070 (Arraignments), 8.075 (Pleas), 8.080 (Acceptance of Guilty or Nolo Contendere Plea), 8.115 (Disposition Hearing), 8.201 (Commencement of Proceedings), 8.225 (Process, Diligent Searches, and Service of Pleadings and Papers), 8.260 (Orders), 8.285 (Contempt), 8.340 (Disposition Hearings), 8.345 (Post-Disposition Relief), 8.350 (Placement of Child Into Residential Treatment Center After Adjudication of Dependency), and proposes new rules 8.286 (Civil Contempt), 8.347 (Motion to Supplement Order of Adjudication, Disposition Order, and Case Plan), and 8.517 (Withdrawal and Appointment of Counsel). The Committee also proposes amendments to a number of juvenile forms and proposes new form 8.952 (Findings for Juvenile Sexual Offender Registration). Consistent with rule 2.140(b)(2), the Committee published its proposals for comment prior to filing them with the Court. One comment was received. The Board of Governors of The Florida Bar unanimously approved the proposals. After the report was filed, the proposals were again published for comment. No comments were filed. Oral argument was heard on the proposals on June 6, 2012. After oral argument, the Court directed the Committee to file supplemental information pertaining to the proposed amendments to rules 8.080 (Acceptance of Guilty or Nolo Contendere Plea) and 8.225 (Process, Diligent [287]*287Searches, and Service of Pleadings and Papers).

AMENDMENTS

After considering the Committee’s report, its presentation at oral argument, and the supplemental information provided, we adopt a number of amendments to the Florida Rules of Juvenile Procedure, as described below.1

Rules 8.035 (Petitions for Delinquency), 8.070 (Arraignments), 8.075 (Pleas), and 8.115 (Disposition Hearing) are amended to conform the language of those rules more closely with their adult criminal rule counterparts.

Rule 8.080 (Acceptance of Guilty or Nolo Contendere Plea) is amended to: (1) add new subdivision (b) requiring that pleas be taken in open court, similar to Florida Rule of Criminal Procedure 8.172(b), but providing that “the hearing may be closed as provided by law;” (2) add new subdivision (c)(8) requiring that before entering a plea, the child must be advised that the plea may require the child to register as a sexual offender; (3) add new subdivision (c)(10) requiring that before entering a plea, the child must be advised that the plea may have deportation and immigration consequences, similar to criminal rule 3.172(c)(8); and (4) amend current subdivision (e) (now redesignated as (f)) to state that the parties must advise the court of any plea agreement and may advise the court of the reasons for it, and to state that the court must advise the parties whether it accepts or rejects the plea agreement and may state its reasons, similar to criminal rule 3.171.2

Subdivisions (a) and (b) of rule 8.201 (Commencement of Proceedings) are amended to add two new items constituting “commencement” of a dependency proceeding: (1) filing of a petition or affidavit or an order to take a child into custody; and (2) filing of any other petition authorized by Chapter 39, Florida Statutes, and to provide that upon commencement of any proceeding, the clerk shall open a file and assign a case number.3

Rule 8.260 (Orders) is amended to clarify that all orders must be signed by the judge, see section 39.0132(5), Florida Statutes (2012), and to list the types of orders over which a dependency order takes precedence, see section 39.013(4), Florida Statutes (2012).

The title of rule 8.285 (Contempt) is amended to reflect that the rule addresses only criminal contempt proceedings, and new rule 8.286 (Civil Contempt) is adopted to govern civil contempt proceedings in dependency and termination of parental rights matters.

Subdivision (c) of rule 8.340 (Disposition Hearings) is amended to more closely mirror the requirements for disposition orders, as set forth in section 39.521(l)(d), Florida Statutes (2012).

Subdivision (b) of rule 8.345 (Post-Disposition Relief) is amended to provide that jurisdiction does not terminate at age eighteen if the court has extended jurisdiction over the child, as provided under certain [288]*288circumstances in section 39.013(2), Florida Statutes (2012).

New rule 8.347 (Motion to Supplement Order of Adjudication, Disposition Order, and Case Plan) is adopted in order to provide a uniform process for a party to move the court to supplement a dependency adjudication order with findings that a parent or legal guardian contributed to the dependent status of the child. The rule addresses the requirements for the content of the motion, service of the motion, and procedures for a hearing on the motion.

Rule 8.350 (Placement of Child Into Residential Treatment Center After Adjudication of Dependency) is amended to delete the requirement in subdivision (a)(ll)(A)(iii) that the court consider “a case review committee recommendation, if there has been one,” as such is not required under section 39.407(6), Florida Statutes (2012).

New rule 8.517 (Withdrawal and Appointment of Counsel) is adopted to address withdrawal of counsel of record for a parent or custodian in a dependency or termination of parental rights proceeding and appointment of appellate counsel in such proceedings. The new rule provides that after an order of adjudication of dependency, an order of disposition, or an order terminating parental rights has been entered, counsel of record shall not be permitted to withdraw until counsel certifies that he or she has discussed appellate remedies with the parent or custodian and certifies that the parent or custodian does not wish to appeal or, if the parent or custodian wishes to appeal, certain appellate documents have been filed and appellate counsel has been appointed. If counsel is unable to contact the parent or custodian, counsel must certify the efforts made to contact the parent or custodian. Finally, the rule requires the court to serve a copy of the order appointing appellate counsel on the appointed counsel and the clerk of the appellate court.

Forms 8.908, 8.929, 8.959, 8.960, 8.961, 8.963, 8.964, 8.965, 8.966, 8.967, 8.970, 8.973, 8.975, 8.979, and 8.982 are amended to conform the ADA notice language in those forms to the requirements of Florida Rule of Judicial Administration 2.540(c)(1).4 Appropriate ADA notice language is added to forms 8.929 and 8.961.

Form 8.947 (Disposition Order — Delinquency) is amended to include the specific statutory authority for costs and fees imposed on the child by the court and to correct the reference to the statutory basis for collection of a DNA sample at disposition.5

[289]*289New form 8.952 (Findings for Juvenile Sexual Offender Registration) is adopted and provides the court with the necessary factual findings required under section 943.0435(l)(a)l.d., Florida Statutes (2012), in determining whether a juvenile is required to register as a sexual offender.

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Related

J.R-P. v. Department of Children & Families
228 So. 3d 628 (District Court of Appeal of Florida, 2017)
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127 So. 3d 720 (District Court of Appeal of Florida, 2013)

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Bluebook (online)
115 So. 3d 286, 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-the-florida-rules-of-juvenile-procedure-fla-2013.