Florida Juvenile Rules Amendments
Since 2006 the release of the National Juvenile Defender Center Assessment’s Florida: An Assessment of Access to Counsel and Quality of Representation in Delinquency Proceedings, advocates in Florida have made the following changes to the Florida Rules Juvenile Rules in order to ameliorate impediments to effective juvenile defense. The changes outlined below can be found in the 2019 update of the Florida Juvenile Rules of Procedure. Florida’s full state profile can also be accessed by clicking here.
Passed and now law (fast-tracked separately)
- 8.165 Appointment of Counsel
Right to a meaningful opportunity to confer with counsel before waiving counsel
- 8.100 General Provisions for Hearings
Right to a court transcript by a party without requiring a court Order
- 8.010 General Provisions for Hearings
Mandates presence of prosecutor and public defender at all detention hearings
- 8.150 Contempt
Numerous procedural due process protections added, including the right to counsel, the right to disqualify a judge on indirect contempt if the alleged contempt involved criticism of the judge, and the right for the child to have the court consider alternative sanctions instead of detention. Additionally, procedural protections, including specifying that contempt on a juvenile party who has turned 18 must still be treated as a juvenile. Lastly, limitations as to detention prior to the contempt hearing have been added.
Passed and now law (three-year packet, effective January 2010)
- 8.010 Detention Hearing
Right to a detention hearing within 24 hours
Right to counsel subject to 8.165
- 8.070 Arraignments
Right to a reasonable time to prepare for trial
Right to counsel subject to 8.165
- 8.080 Acceptance of Plea
Right to withdraw plea if the court does not accept
Right to be warned of Jimmy Ryce (civil commitment for sexually motivated offenses) consequences during plea colloquy
Right to counsel subject to 8.165
- 8.100 General Provisions for Hearings
Right to an individualized determination whether a child is shackled for a court hearing
- 8.115 Disposition
Right to counsel subject to 8.165, including restitution hearings and out of county transfers
Right to credit for previous secured detention time (to be included on the disposition order)
Passed and now law (three-year packet, effective July 2013)
- 8.035 Petitions for Delinquency
Right to a copy of the petition at least 24 hours before being required to enter a plea
Right to a plain, concise, and definite written statement of the essential facts constituting the charge
Right to a detailed statement of particulars
- 8.070 Arraignment
Right to a reasonable time to deliberate before entering a plea
- 8.075 Pleas
Right to withdraw a no contest plea for good cause (previously the rule only allowed this for guilty pleas)
Right to a reasonable time to deliberate before entering a plea
- 8.080 Acceptance of Plea
Right to be warned of immigration/deportation consequences during plea colloquy
Right to be warned of possible sexual offender registration consequences during plea colloquy
Right for plea taken in open court, except hearing may be closed as provided by law
- 8.115 Disposition Hearing
Right to be sentenced by the judge who conducted the trial or accepted the plea
- 8.952 Findings For Juvenile Sexual Offender Registration (Form)
This form is a guide as to whether a child will be required to register as a juvenile sexual offender
Passed and now law (three-year packet, effective January 2016)
- 8.075 Pleas
Right to withdraw a plea after disposition
- 8.165 Appointment of Counsel
Requirement that an attorney verifies on the record that any waiver of counsel has been knowing and voluntary
Passed and now law (three-year packet, effective January 2019)
- 8.005 Custody Orders
Prohibits custody orders on failures to appear for children in the care or custody of the state unless the court has information that the child willfully failed to appear
- 8.045 Notice to Appear
Prohibits custody orders when a child fails to appear after signing a notice to appear for children in the care or custody of the state unless the court has information that the child willfully failed to appear
- 8.060 Discovery
Expands discovery as to an Informant Witness
- 8.085 Motions
Corrects an error that required both child and attorney to sign all motions. (fast-tracked and added to the packet.)
- 8.100 Shackling
Significant procedural protections added, including a court requirement that an individualized assessment and specific findings of fact must be made prior to the child’s appearance in the courtroom and that the child’s counsel has a right to be heard before the court orders the use of restraints.
- 8.110 Adjudicatory Hearings
Added minor procedural protections
- 8.947 Disposition Order
Updated the form
- 8.953 Waiver of Rights Form
New form (youth friendly waiver of rights)
Passed by the Juvenile Rules Committee and awaiting Board of Governors and Florida Supreme Court Approval
Passed by the Juvenile Rules Committee and awaiting Board of Governors and Florida Supreme Court Approval
- 8.100 General Provisions for Hearings
Allows the court to permit “remote testimony” via a video device upon stipulation of the parties or upon motion of a party if the court finds good cause.
- 8.120 General Provisions for Hearings
48-hour rule for VOP Hearings
Juvenile Rules Amendments Update
By Rob Mason
February 2019