In Re: Amendments to Florida Rule of Juvenile Procedure 8.013 ( 2023 )

Supreme Court of Florida
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No. SC2022-1462
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IN RE: AMENDMENTS TO FLORIDA RULE OF JUVENILE
PROCEDURE 8.013.
May 4, 2023
PER CURIAM.
The Florida Bar’s Juvenile Court Rules Committee (Committee)
has filed a report proposing amendments to Florida Rule of Juvenile
Procedure 8.013 (Detention Petition and Order). 1 The Committee
proposes amending rule 8.013 to include the requirements in
section 985.255(2), Florida Statutes (2022), and to improve clarity
in accord with In re Guidelines for Rules Submissions, Florida
Administrative Order No. AOSC22-78 (Oct. 24, 2022). The Board of
Governors of The Florida Bar unanimously approved the proposed
amendments.
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R.
Gen. Prac. & Jud. Admin. 2.140(b).
After the Committee filed its report, the Court published the
proposal and received one comment. In response to the comment,
the Committee amended its proposal. Having considered the
Committee’s proposal, the comment received, and the Committee’s
response, the Court hereby amends the Florida Rules of Juvenile
Procedure as proposed and revised by the Committee.
First, rule 8.013 is amended by replacing “shall” with “must”
throughout the rule, except in subdivision (a), where “shall” is
replaced with “may” because it is more appropriate in the context of
the sentence.
In addition, new subdivision (e)(6) is added to clarify the
requirement that pursuant to section 985.255(2), if a child is being
detained on an offense that is classified as an act of domestic
violence for 48 hours as provided by law, the detention order must
include specific written findings that respite care for the child is not
available, and that it is necessary to place the child in secure
detention in order to protect the victim from injury.
Accordingly, Florida Rule of Juvenile Procedure 8.013 is
amended as set forth in the appendix to this opinion. New language
is indicated by underscoring; deletions are indicated by struck-
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through type. The amendments shall become effective on July 1,
2023, at 12:01 a.m.
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
and FRANCIS, 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
Stephanie C. Zimmerman, Chair, Juvenile Court Rules Committee,
Bradenton, Florida, Joshua E. Doyle, Executive Director, The
Florida Bar, Tallahassee, Florida, and Michael Hodges, Staff
Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
Patricia Gladson, on behalf of the Honorable Scott M. Bernstein,
Miami, Florida,
Responding with comments
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APPENDIX
RULE 8.013. DETENTION PETITION AND ORDER
(a) Time Limitation. No child taken into custody shallmay
be detained, as a result of the incident for which taken into
custody, longer than as provided by law unless a detention order so
directing is made by the court following a detention hearing.
(b)-(c) [No changes]
(d) Petition. The detention petition shallmust:
(1)-(7) [No changes]
(e) Order. The detention order shallmust:
(1)-(3) [No changes]
(4) order that the child shallmust be held in detention
and state the reasons therefore, or, if appropriate, order that the
child be released from detention and returned to his or her
nonresidential commitment program;
(5) [No changes]
(6) If the child is being detained on an offense that is
classified as an act of domestic violence for 48 hours as provided by
law, the detention order must include specific written findings that:
(A) respite care for the child is not available; and
(B) it is necessary to place the child in secure
detention in order to protect the victim from injury;
(67) designate the place where the child is to be
detained or the person or agency that will be responsible for the
detention and state any special conditions found to be necessary;
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(78) state the date and time when issued and the
county and court where issued, together with the date and time the
child was taken into custody;
(89) direct that the child be released no later than 5:00
p.m. on the last day of the specified statutory detention period,
unless a continuance has been granted to the state or the child for
cause; and
(910) be signed by the court with the title of office.
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