JUVENILE COURT RULES COMMITTEE VIRTUAL MEETING AGENDA

January 14, 2021 JCRC AgendaJUVENILE COURT RULES COMMITTEE VIRTUAL MEETING AGENDA
Thursday, January 14, 2021 9:00 a.m. to 1:00 p.m. Meeting will be on Zoom. Follow this link.
COMMITTEE MEMBERS ARE HEREBY NOTIFIED THAT ALL RULE CHANGE PROPOSALS THAT ARE INCLUDED IN THE SUBCOMMITTEE AGENDAS BELOW MAY BE CONSIDERED ON FIRST READING BY THE FULL JUVENILE COURT RULES COMMITTEE
I. CALL TO ORDER
A. Approval of Agenda
C. Announcements-Welcome members and guests!
II. SUBCOMMITTEE MEETINGS
A. Delinquency Subcommittee
• Proposed Rule 8.040 (Charles Davis and Brain Coughlin) Page 18
• Speedy Trial: In case SC20-1101 comments are due March 8, 2021.
B. Dependency Subcommittee
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• Rule 8.250(Silverstein/Nazli) Page 58
III. RULES ON SECOND READING
A. Depositions for children under 18 (Candice Bower/Stephanie Zimmerman ) Page 60
Rules 8.060, 8.104, 8.245, & 8.255 approved by vote of 23-2-0 on first reading
IV. REPORTS
A. Status of filings with Supreme Court: (Chair: Matthew Wilson)
Electronic Documents. SC19-2163
2020 Legislation Report SC20-1153
Submitted to the Court without oral argument on January 4, 2021.
2020 Termination of Pregnancy Report SC20-873
Response to Comment submitted on November 2, 2020.
B. Rules of Judicial Administration Committee (Matthew Wilson)
C. Best Practices Remote Testimony (Stephanie Zimmerman) Page 87
D. Remote Testimony (Matthew Wilson) Page 100
E. Delinquency CLE’s (Joel Silvershein)
V. NEW BUSINESS
A. Open Discussion
Fall Meeting- October 13-16, 2021 Tampa, FL
VIII. ADJOURNMENT
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JUVENILE COURT RULES COMMITTEE VIRTUAL MEETING MINUTES
Thursday, October 8, 2020, 9:00 a.m. to 1:00 p.m. Meeting was via Zoom.
I. CALL TO ORDER
A. Sign-in attendance
Present: Matt Wilson, Candice Brower, Stephanie Zimmerman, Charles Davis, Don Royston, Tamara Gray, Tesha Ballou Jessica Zissimopulos, Brian Coughlin, Fallon Zirpoli, Joel Silvershein, John Milla, Heather Ross, Cheo Reid, Judge R. Goodman, Marjorie Alexis, Nazli Matt, Denise Kistner, Dennis Moore, Deanne Jackson, Jodi Cason, Kathleen Savor, Pilar Harris, General Magistrate Kimber Strawbridge, Judge Lieberman, Donald Frenette, De’Anne Jackson, Rebecca Gayoso, Kelley Schaeffer, Eden Martin, Alicia Castillo, Dennis Moore, and Kelly Swartz.
Minute Taker: David Silverstein.
B. Approval of Agenda
Joel Silvershein moved to approve the Agenda. Candice Brower seconded the Motion. The Committee approved the Agenda by acclamation.
C. Approval of June 2020 minutes
Stephanie Zimmerman moved to approve the June 2020 Minutes so long as the members present would be added to the Minutes. Joel Silvershein seconded the Motion. The Committee approved the Minutes by acclamation.
D. Announcements-Welcome new members and guests!
Matt Wilson indicated that the meeting would be recorded, and no one objected to the recording of the meeting.
Michael Tanner, President-Elect of The Florida Bar, addressed the Committee and advised that the Bar is considering guidelines or recommendations to keep the changes to the court process resulting from the pandemic.
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JCRC Agenda January 2021
Dori Foster-Morales, President of The Florida Bar, thanked the Committee for its work. She noted that remote attendance at Bar meetings has made it easier for people to appear and participate with the Bar. She stated that there have been many changes in the past six months and that she hoped some good comes out of the challenges. She noted that Michael Tanner was running a pandemic task force for the Bar.
Steven Davis, from the 11th Circuit who is running for President-Elect of The Florida Bar, addressed the Committee. He stated that he was the former chair of Dade County Bar Association and that he serves on the Board of Governors’ Executive Committee. He thanked the Committee for its work. His theme is for members to get connected to the Bar. His focus is whether the Bar supports practice and provides resources for attorneys to connect to the Bar. He noted that the major issues the Bar faces are inclusion and professionalism.
Gary Lesser, who is running for President-Elect of the Florida Bar, addressed the Committee. He stated that he was the former president of Broward Bar Association and that he is on the Executive and Legislative Committee of the Florida Bar. He noted that only 18% of the Bar membership voted for the President-Elect of the Florida Bar. He said that his focus would be on small firms, gender bias, and diversity issues. He noted that changes in practice from the pandemic may not go away.
New members – orientation.
Matt Wilson explained that most of the Committee’s work is with the subcommittees. He stated that the Committee responds to legislative changes and that the subcommittees have ongoing projects. He indicated that the Dependency Subcommittee has been working on a full review of the dependency rules. He noted that the Committee may interact with other rule committees and that referrals for rule proposals may come from the Florida Supreme Court, Committee members, or any member of the public. Mr. Wilson encouraged members to provide input on proposals. He stated that the Delinquency Subcommittee has considered whether the delinquency rules should follow the criminal rules. He noted that once rule proposals are approved, The Florida Bar Board of Governors considers the proposals, then
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the proposals are published, and then the Florida Supreme Court considers the proposals.
II. SUBCOMMITTEE MEETINGS
A. Delinquency Subcommittee
Present: Don Royston, Tamara Gray, Jessica Z, Brian Coughlin, Fallon Zirpoli, Joel Silvershein, Candice Brewer, John Milla, Heather Ross, Cheo Reid, Judge R. Goodman, Marjorie Alexis.
• Subcommittee held a discussion on a subcommittee website as a repository of work that the subcommittee has done or is doing. Mikalla is going to be working on the website.
• Subcommittee held a discussion on full review of juvenile delinquency rules. Mikalla emailed to the subcommittee a group listing of the rules.
Members volunteered to review the rules as follows:
Set 1 – Jessica Z, Candice Brower, Cheo Reid, Fallon Zirpoli, Dawn;
Set 2 - Jessica Z, Candice Brower, Cheo Reid, Fallon Zirpoli, Dawn;
Set 3 – Charles Davis, Brian Coughlin;
Set 4 - Charles Davis, Brian Coughlin;
Set 5 – Joel Silvershein, Judge R. Goodman, Tamara Gray;
Set 6 - Joel Silvershein, Judge R. Goodman, Tamara Gray;
Set 7 – Joel Silvershein, Candice Brower, Don Royston, Cheo Reid, John Milla, Heather Ross;
Set 8 - Joel Silvershein, Candice Brower, Don Royston, Cheo Reid, John Milla, Heather Ross;
Set 9 – Heather Ross, Marjorie Alexis, John Milla;
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Set 11 – Candice Brower, Charles Davis;
Adjourned @ 10:55a.m.
Present: Nazli Matt, Denise Kistner, Dennis Moore, Eden Martin, Jodi Cason, Kaleen Savor, Pilar Harris, Stephanie Zimmerman, General Magistrate Kimber Strawbridge, Donald Frenette, De’Anne Jackson, Rebecca Gayoso, Kelley Schaeffer, Eden Martin, Alicia Castillo, Dennis Moore, Kelly Swartz, and Matt Wilson.
Minute Taker: David Silverstein.
Response to Comment 2020 legislation report regarding Rules 8.805, 8.810, 8.815, 8.820, 8.830, and 8.835, and Forms 8.987, 8.990, 8.991. Due Date: October 21, 2020. (See the court’s docket for comments)
Stephanie Zimmerman explained that the Florida Supreme Court accepted the Committee’s Fast-Track proposals for rule and form changes based on new legislation regarding the judicial waiver for notice and consent for termination of pregnancy. She indicated that the Committee received Comments regarding the changes requesting that the forms should be as straightforward as possible for children to complete. Other Comments requested that the language in the rules and forms refer to the waiver of parental “notice and consent” and not “consent or notice and consent” because a child would always want the court to waive both parental notice and consent. She indicated that the Committee believed there were situations where a parent could be notified of the termination of pregnancy but would not consent.
Ms. Zimmerman stated that the Committee’s response to the Comments will say that the Committee appreciates the Comments, but the rules and forms must be as accurate as possible considering the statutory language. She noted that Nazli Matt made some additions regarding the appointment of counsel. Nazli Matt explained the statute requires the court to inform the child of right to an attorney at no cost and that the attorney must be
appointed at least 24 hours before the hearing. Ms. Matt wanted to make sure that the statutory intent was followed in the rules and forms. She also stated that she added in the rule that the hearing could be continued so the child could speak with her attorney. Kathleen Savor questioned whether the hearing could be scheduled before the child met with the attorney. Ms. Savor indicated that this requirement may cause the child to go to court two times. Matt Wilson suggested that Ms. Matt’s changes may have a substantive effect. Denise Kistner was also concerned about substantive delay in the hearing. Kathleen Savor stated that the child’s attorney could always ask for a continuance if necessary. Ms. Matt stated that she was fine with withdrawing the language regarding the continuance of the hearing. Matt Wilson suggested that the Committee should just follow the statute. He noted that these issues could be revisited at another time and not in a Fast- Track context.
Stephanie Zimmerman then reviewed the following proposals:
Proposal #1—amendments making substantive changes in response to comments to change the language to parental waiver of “notice and consent” throughout the rules and forms.
Proposal #2—amendments to streamline language changing the language to “notice and consent or consent only.”
Nazli Matt mentioned that Appellate Rules Committee proposed the “notice and consent” (Proposal #1).
Matt Wilson stated that he was concerned that the “notice and consent” version is a substantive issue. Dennis Moore agreed and mentioned that statutes separate notice and consent and have standards for each. Mr. Wilson indicated that the Florida Supreme Court’s approval of this structure was intentional. Stephanie Zimmerman mentioned that the structure of the statute is challenging. Nazli Matt stated that as a practical matter, the petition for waiver is for both notice and consent. Ms. Matt felt that the “notice and consent or consent only” version may be confusing. Eden Martin said she had one case where a parent was notified but could not consent. Dennis Moore mentioned that the rule should not be used to clean up the statute. Matt Wilson said that the Comments asked to change the rule to how the commenters want the statute to read. General Magistrate Cason questioned
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which version tracks the statutes. Stephanie Zimmerman clarified that the “notice and consent or consent only” version tracked the statutes. De’Anne Jackson mentioned that there needed to be consistency with the language and should read “notice to and consent from.” Denise Kistner noted that one could read statute to waive both notice and consent.
Mikalla Davis conducted a poll vote and the Subcommittee voted 10 in favor of Proposal #1 and 5 voted in favor of Proposal #2.
Shelter petition and order/Service Member Relief Act. - Tabled.
Continue full review of dependency rules. - Tabled.
III. RULES ON FIRST READING
A. Rules 8.245(i), 8.255(d)(2), and 8.060(d)(9) - Depositions for children under 18 (Candice Bower/Stephanie Zimmerman)
Rules passed unanimously by dependency and delinquency subcommittees.
Stephanie Zimmerman said there was a referral to look at discovery rule 8.245(i) due to conform with the statutory change of the age for deposition protections for children from 16 years of age to 18 years of age. Ms. Zimmerman noted that the Dependency Subcommittee went beyond the referral. She stated that the Subcommittee added language to Rules 8.345 and 8.255 to be consistent with the statute.
Candice Brower mentioned that Rule 8.060(d)(9) was changed in similar manner to Rule 8.104. Tamara Gray thought there was a lot of debate about who was a sensitive witness. Ms. Brower said that the changes were consistent with the statute. Matt Wilson noted that that the sensitive witness changes were already approved by the Committee and that the language in highlighted in yellow was at issue. Charles Davis called the question.
The Committee approved the proposed changes to Rules 8.245(i), 8.255(d)(2), and 8.060(d)(9) with 23 in favor, 2 oppose, and 0 abstain.
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B. Response to comment 2020 Legislation Report Regarding Rules 8.805, 8.810, 8.815, 8.820, 8.830, and 8.835, and Forms 8.987, 8.990, 8.991, and 8.992
Stephanie Zimmerman advised that the Committee made Fast-Track proposals to rules and forms regarding the parental waiver of notification and consent to termination of pregnancy which the Florida Supreme Court accepted. She stated that the Committee received Comments and that the Dependency Subcommittee believed the rules and forms should be streamlined to help children understand the process. She noted that some members contemplated that children would always request the waiver of parental notice and consent, but others felt that changing the language to “notice and consent,” would be a substantive law change. Ms. Zimmerman advised that the Response to the Comments would indicate that the Comments were well-taken but would explain that the Committee tried to track the statutory changes because there may be cases where youth is seeking to waive. She mentioned that the continuance language was withdrawn by Nazli Matt. Matt Wilson stated that changing the language to “notice and consent” would constitute a substantive change. Joel Silvershein questioned whether there needed to be two readings. Joel asked to call the question.
The Committee approved the proposed Response to the Comments and the proposed rule and form changes with 18 in favor, 3 oppose, 5 abstain.
Joel Silvershein moved to wave second reading, and Fallon Zirpoli seconded the motion.
The Committee approved to waive second reading with 23 in favor, 1 oppose, and 2 abstain.
The Committee approved the proposed Response to the Comments and the proposed rule and form changes with 19 in favor, 3 oppose, 4 abstain.
IV. REPORTS
A. Status of filings with Supreme Court: (Chair: Matthew Wilson)
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Response to Comment by RJA due November 2, 2020.
Matt Wilson explained that there was an ad hoc subcommittee responding to the Rules of Judicial Administration on proposed rule changes regarding electronic documents. He advised that the RJA made its proposals, and there were numerous comments. He noted that the Committee made suggestions on amending the Juvenile Rules to be consistent with the RJA proposed changes.
Several Juvenile Court Rules Committee Reports will be filed soon.
Mr. Wilson advised that the Florida Supreme Court has done away with 3- year cycle reports from rules committees. He stated that the first set of dependency rules review and the delinquency competency rules will be submitted. He noted that there was a change to one of the forms regarding the parental waiver of notice/consent of termination of pregnancy. Mr. Wilson will ensure that there will be a link to drafts of the Committee’s reports to Florida Supreme Court before they are filed. Stephanie Zimmerman mentioned that the Committee has a robust website and suggested that all proposals at different stages in the process be posted on the website. Joel Silvershein indicated that the Committee has great institutional memory.
B. IOP Subcommittee (Kelley Schaeffer)
Kelley Schaeffer advised that the latest version of the internal operating procedures is on the Committee’s website. She thanked the IOP Subcommittee for their great work. Matt Wilson thanked Ms. Schaeffer and the Subcommittee members.
C. Rules of Judicial Administration Committee (Matthew Wilson)
Matt Wilson advised that the RJA has submitted its cycle report and is awaiting a ruling from the Florida Supreme Court. He indicated that the RJA was working on Marsy’s law and is still waiting on submitting the remote testimony rules. He noted that the Criminal Rules Committee still needs to finalize its remote testimony rule.
D. Delinquency CLE’s (Joel Silvershein)
Joel Silvershein advised that there will be a short training on October 16, 2020, regarding the ABCs of Juvenile Law.
VI. NEW BUSINESS
Open Discussion Stephanie Zimmerman mentioned that the Committee may be interested in providing input to the Florida Bar regarding changes in practice resulting from the pandemic. She stated that DCF is putting together data on the number of Zoom hearings. Stephanie offered to lead a subcommittee to address this issue. Joel Silvershein, Denise Kistner, Candice Brower, Nazli Matt, General Magistrate Strawbridge, and John Milla volunteered to work on this subcommittee.
VII. ANNOUCEMENTS
Winter Meeting-January 13-16, 2021 Rosen Shingle Creek Orlando . Not sure whether meeting will be in person.
Annual Meeting-June 23-26, 2021 Boca Raton Resort &Club
VIII. ADJOURNMENT
Joel Silvershein moved to adjourn, and Dennis Moore seconded the motion.
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RULE 8.013. DETENTION PETITION AND ORDER
(a) Time Limitation. No child taken into custody shall 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) Petition. The detention petition shall:
(1) be in writing and be filed with the court;
(2) state the name and address of the child or, if unknown, designate the child by any name or description by which he or she can be identified with reasonable certainty;
(3) state the age and sex of the child or, if the age is unknown, that the child is believed to be of an age which will make him or her subject to the procedures covered by these rules;
(4) state the reasons why the child is in custody and needs to be detained;
(5) recommend the place where the child is to be detained or the agency to be responsible for the detention; and
(6) be signed by an authorized agent of the Department of Juvenile Justice or by the state attorney or assistant state attorney.
(c) Order. The detention order shall:
(1) be in writing;
(2) state the name and address of the child or, if unknown, designate the child by any name or description by which he or she can be identified with reasonable certainty;
(3) state the age and sex of the child or, if the age is unknown, that the child is believed to be of an age which will make him or her subject to the procedures covered by these rules;
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(4) order that the child shall be held in detention and state the reasons therefor, or, if appropriate, order that the child be released from detention and returned to his or her nonresidential commitment program;
(5) make a finding that probable cause exists that the child is delinquent or that such a finding cannot be made at this time and that the case is continued for such a determination to a time certain within 72 hours from the time the child is taken into custody unless this time is extended by the court for good cause shown for not longer than an additional 24 hours;
(6)If the child is charged with committing an offense that is classified as an act of domestic violence as defined by statute and whose risk assessment instrument indicates secure detention is not appropriate, the child may not be held in secure detention unless the court makes specific written findings that (i) Respite care for the child is not available. AND (ii) It is necessary to place the child in secure detention in order to protect the victim from
injury. The child may then only be held for 48 hours without further hearing as provided by law. (Cross reference to s. 741.28 for dv definition, 985.255) (Check form too)
(6) 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;
(7) 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;
(8) 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
(9) be signed by the court with the title of office.
Sent: Tue day, December 01, 2020 7:03 PM
To: Brower, Candice
Cc: Davi , Mikalla; Roy ton,Donald; Alexi , Marjorie C ; Coughlin, Brian; Well -Brown, Beatrice
R; Gray, Tamara I; Goodman, Ro M; Milla, John; Reid, Cheo; Ro , Heather; Savor,
Kathleen M; Silver hein, Joel M; Turkel, Kenneth; Wil on, Matthew C; Zirpoli,Fallon;
Zi imopulo , Je ica; Lori Hardy
Subject: Re: JCRC D elinquency Zoom M eeting
Candic ,
It s ms to m th n w subs ction r garding th dom stic viol nc xc ption would b b tt r plac d und r part (a)
Tim Limitation, or som wh r oth r than (c).
Part (c) is a list of what th ord r must do: Th ord r shall: b ...; stat ...; ord r...; mak ...; and so on. To nt r an it m
within that typ of list, th "g n ral rul s of parall lism" would r quir ith r r wording (c) compl t ly as s parat
s nt nc s, or som how r wording th n w part to provid "agr m nt" with th languag of th list (not
r comm nd d). S th Guid lin s (a)(5)(B)&(E).
That b ing said...
R sp ctfully, aft r looking for th b st plac to put th propos d rul , I must submit that I do not think th r is an
appropriat plac for it (without xpanding th rul s unn c ssarily). Th law r garding who is and is not to b d tain d
is compl x to say th l ast, and ls wh r in th rul s it is simply r f rr d to in t rms such as " th statutory n ds of
d t ntion," or "d t ntion according to th crit ria provid d by law." To singl out and sp cifically "fl sh out" on such
rul (and an xc ption at that), is hard to r concil with th body of th rul s as a whol .
Form 8.929 provid s th court with a mod l d t ntion ord r that includ s consid ration of th xc ption and spac s for
th writt n findings.
Thank you, Candic , for all that you ar doing and sp cially for pushing us to do what n ds doing (and for th last 15
y ars I hav h ard many oth rs say w n d to do).
Sinc r ly,
Charl s H. Davis, B.C.S.
2d aging off in th Spring (in mor ways than on )
On Tu , D c 1, 2020 at 12:04 PM Candic Brow r <Candic .Brow [email protected]> wrot :
H r is th draft with th chang s from todays m ting (In r d Rul 8.015)
For th n xt m ting on th 5th of January, w will vot on th wording of th addition. Jo l will b pr par d to giv
any updat s on sp dy trial, and any oth r chang s from th rul r vi w groups will b discuss d. Finally, FPAA will
propos a rul on r mot d t ntion h arings b yond COVID.
Thanks again v ryon for a gr at m ting and talk to you soon.
Candic
From: Lori Hardy <[email protected]> On B half Of Davis, Mikalla
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________________________________
S nt: Tu sday, D c mb r 1, 2020 9:09 AM
To: Candic Brow r
Subj ct: FW: JCRC D linqu ncy Zoom M ting
Wh n: Tu sday, D c mb r 1, 2020 12:00 PM-1:00 PM Am rica/N w_York.
Wh r : https://zoom.us/j/94884051111?pwd=VUxwMXErK0lZQW5mb1NqWXdTbUZjUT09
S nt: Monday, July 6, 2020 2:53 PM
To: Davis, Mikalla; Royston,Donald; Al xis, Marjori C; Coughlin, Brian; Brow r, Candic ; W lls-Brown, B atric R;
Davis, Charl s; Gray, Tamara I; Goodman, Ross M; Milla, John; R id, Ch o; Ross, H ath r; Savor, Kathl n M;
Silv rsh in, Jo l M; Turk l, K nn th; Wilson, Matth w C; Zirpoli,Fallon; Zissimopulos, J ssica
Subj ct: JCRC D linqu ncy Zoom M ting
Wh n: Tu sday, D c mb r 1, 2020 12:00 PM-1:00 PM Am rica/N w_York.
Wh r : https://zoom.us/j/94884051111?pwd=VUxwMXErK0lZQW5mb1NqWXdTbUZjUT09
Mikalla Davis is inviting you to a sch dul d Zoom m ting.
Join Zoom M ting
Password: 804663
+13126266799,,94884051111#,,,,0#,,804663# US (Chicago)
Dial by your location
+1 312 626 6799 US (Chicago)
+1 929 436 2866 US (N w York)
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 669 900 6833 US (San Jos )
M ting ID: 948 8405 1111
Password: 804663
Find your local numb r: https://zoom.us/u/adqTK77hO7
Pl as not : Florida has v ry broad public r cords laws. Many writt n communications to or from Th Florida Bar
r garding Bar busin ss may b consid r d public r cords, which must b mad availabl to anyon upon r qu st. Your
-mail communications may th r for b subj ct to public disclosur .
Offic of Criminal Conflict and Civil R gional Couns l - First District, Florida
Confid ntiality Notic : This m ssag and any attachm nts ar for th sol us of th int nd d r cipi nt(s) and may
contain confid ntial and privil g d information. Any unauthoriz d r vi w, us , disclosur , or distribution is prohibit d
2 Page 16
and you should imm diat ly contact th s nd r if you hav r c iv d this in rror. Any non-privil g d corr spond nc
to or from m via mail may b subj ct to public disclosur und r Florida’s public r cords laws.
3 Page 17
(a) Summons.
(1) Upon the request of the State Attorney and the filing of a petition for delinquency on
upon a child who is not detained by order of the court, the clerk shall must issue a
summons. The summons shall must have a copy of the petition attached and must require
the person child, the parents, and any custodian on whom it is served to appear and to
produce the child for a hearing at a time and place specified in the summons. The time of
the hearing shall must be more than 24 hours after service of the summons. The summons
shall require the custodian to produce the child at the said time and place. A copy of the
delinquency petition shall be attached to the summons.
(2) Using the criteria of s. 985.255, the judge may, by endorsement upon the summons and
after the entry of an order in which valid reasons are specified, order the child to be taken
into custody immediately by the person serving the summons.
(3) If the child is being detained by order of the court, process shall Process for a detained
child must be in accordance with the rule for pertaining to the arraignment of a detained
child.
(b) Service.
(1) Generally. The summons and other process shall must be served on the persons and in
the manner upon such persons and in such manner as required by law.
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(2) Personal appearance of any person in a hearing before the court obviates the necessity
of serving process on that person.
(3) If the parents or custodians are out of the state and their address is known, the clerk
shall give them must provide notice of the proceedings hearing by mail. Service of
process may be waived. If the identity or residence of the parents or guardians is
unknown after certifying a diligent search and inquiry, or they avoid service, or they live
in another state, the court must appoint a guardian ad litem for the child if appropriate.
(2)(4) Petition for Parental Sanctions. A petition for parental sanctions must be served on
the child’s parent or legal guardian at least 72 hours before a hearing at which an order of
parental sanctions is being sought against the parent or guardian. The petition may be
served on the child’s parents or legal guardians in open court at any hearing concerning
the child, or but must be served at least 72 hours before the hearing at which parental
sanctions are being sought. The petition for parental sanctions also may be served in
accordance with chapter 48, Florida Statutes.
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FULL REVIEW OF DEPENDENCY RULES
Focus: Are the rules/forms and their subsections: Consistent with the statutes and case law; Relevant and needed; Functional in practice; and Accurate?
Assignments & Status Current Matters Pending Matters 2021 Cycle Report
# Assigned Rule Title Status 1 Harris/Castillo 8.201 Commencement of Proceedings 6/2018 – Approved – 11-0-0
8.203 Application of Uniform Child Custody Jurisdiction and Enforcement Act
6/2018 – Approved – 11-0-0
8.205 Transfer of Cases 6/2018 – Approved – 11-1-0 8.210 Parties and Participants 6/2018 – Tabled
2 Koves/Swartz 8.215 Guardian ad Litem 1/2018 – No Changes 8.217 Attorney ad Litem 11/2019 – Approved – 15-0-0 8.220 Style of Pleading and Orders 1/2018 – No Changes 8.224 Permanent Mailing Address 11/2019 – Approved – 15-0-0
3 Savor 8.225 Process, Diligent Searches, and Service of Pleadings and Papers
11/2018 – To be considered by the Electronic Documents Ad Hoc Subcommittee
4 Gayoso 8.226 Determination of Parenthood 9/2018 – Approved – 15-0-0 8.230 Pleadings to Be Signed 9/2018 – Tabled
5 Koves/Swartz 8.231 Providing Counsel to Dependent Children with Special Needs Who Have a Statutory Right to Counsel
2/2018 – Approved – 13-0-0
Enlargement of Time 7/2019 – Approved – 16-0-0
6 Savor/Strawbridge 8.245 Discovery 12/2020 – For discussion 7 Silverstein/Nazli 8.250 Examinations, Evaluation, and Treatment 4/2019 – For discussion
8.255 General Provisions for Hearings 7/2019 – Tabled 8 Silverstein 8.257 General Magistrates 4/2019 – Approved – 12-0-0
(*also note pending proposal regarding remote testimony)
9 Schaeffer/Wilson 8.260 Orders 1/2018 – Tabled 8/2019 – Approved – 12-0-0
8.265 Motion for Rehearing 1/2018 – Tabled 8/2019 – Approved – 12-0-0
8.270 Relief from Judgments or Orders 1/2018 – No Changes 8.276 Appeal Procedures 1/2018 – No Changes
10 Jackson 8.285 Criminal Contempt 5/2019 – Approved – 10-0-0 (*minor changes approved 6/2019 – X-X-X)
8.286 Civil Contempt 5/2019 – Approved – 10-0-0 (*minor changes approved 6/2019 – X-X-X)
8.290 Dependency Mediation 5/2019 – Approved – 10-0-0 (*minor changes approved 6/2019 – X-X-X)
8.292 Appointment and Discharge of Surrogate Parent
5/2019 – No Changes
Kathleen/GM Strawbridge 8.245 Discovery 4/2020 – Tabled
1/2019 Rules Review: reached the discussion of 8.245, (page 85). Kathleen’s proposal is on page 90 of the
agenda. Kathleen discussed her changes. Specifically, updating the rule to include electronically stored information. (page 90). Matt asked if it’s appropriate for this area of law? Stephanie Zimmerman discussed that most of discovery is paper-based, not electronic based, and she doesn’t think it’s a problem right now. She thinks this is trying to solve a problem that we don’t have right now. Kathleen stated that we can’t ignore it, as we move forward.
Candice Brower discusses the problem of trying to track Civil Rules is problematic, because you have to be mindful of the rights of parties to be protected, which is not an issue in civil rules. This may affect the rights of the party seeking the discovery. There shouldn’t be a burden on the parents with this rule.
Ward discusses the confidentiality issues. Dennis Moore discusses the differences between Civil practice and electronic discovery and Juvenile practice. He states if there is a hole, lets discuss where the hole actually is.
Stephanie Zimmerman discusses that the language has a good intent when it discusses emails etc. . . . her point is DCF is doing that already, producing relevant discovery…and it would cause a burden on DCF to produce more than necessary.
Kathleen stated that when she first looked at this, it literally mirrors the rule of civil procedure, before she touched it. She discussed that when she went in and wanted to add to match the rules. She says she’s taken aback by the complaints. She says to ignore electronic information and taking it all out doesn’t make sense as we go into the future, because every party has the right to discovery.
Matt and Kathleen and Stephanie discusses making changes to meet the specific needs of Dependency practice.
Candice discusses maybe tracking the criminal rules regarding electronic discovery versus civil rules. Deanne discusses issue of good cause. Based on the discussion from today, Matt suggested to table the proposal and asked that anyone who
wishes to assist Kathleen in addressing the issues raised to please get with her and if necessary, a sub- subcommittee can be formed to review the proposal
4/2020 Kathleen Savor presented on the work she and Magistrate Strawbridge having been completing on Rule
8.245. She noted that during their revision, they removed some of language with the focus of the changes being on adding provisions regarding electronically stored information (ESI).
Nazli asked about the use of the phrase “undue burden” in the proposal and Kathleen responded that their proposal is not trying to change the existing concept for that, which exists in the current rule.
Kathleen discussed some of why ESI may need to be produced such as metadata on a report. Candice indicated that she would look further at whether such changes place burdens on the parents.
Dennis expressed concern on how drilling into metadata may affect the process – i.e. how much time is that going to take, is providing all such information necessary to conform to the requisites of due process, how would such information be provided, etc. Kathleen responded that they sought to amend the rule to make provisions for a party to be able to ask for the ESI/metadata. Dennis suggested that it may be better to give the judge the ability to order that such be provided rather than include it as a standard form of discovery to produce. Matt asked whether the provisions in the proposal could be tailored to account for Dennis’ suggestion. Kelly asked whether the information being provided from FSFN was sufficient and Kathleen said yes but some circumstances may require more to be produced. Dennis indicated that given such circumstances, then it may be better to require a finding of good cause before such would be
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produced. Prior to ending the call, David asked about the change regarding taking depositions of inmates, and
Kathleen said she was attempting to make the rule uniform but agreed that change could be taken out of the proposal.
Kathleen indicated she and Magistrate Strawbridge would continue their work and would aim to present further work at the June meeting.
David/Nazli 8.250 Examinations, Evaluation, and Treatment 4/2019 – Tabled
Rule 8.250: David presented changes, which he indicated were to ensure the rule is consistent with the statute. Alicia asked whether the additional language suggested by David could also reference TPR petitions, to which David agreed. Stephanie inquired whether Ch. 39 Injunction petitions should be included in the rule, however, after discussion, it appears that including that such a provision in a new injunction rule may allow the matter to be fleshed out further. As the Rule was being discussed, David pointed out that more work needs to be done to ensure consistency with the statutes regarding when and how the “in controversy” requirement applies in the rule. Dennis pointed out the importance of ensuring that interpretations of the current statutory provisions are harmonious so as to avoid reading the statute as contradictory. He also mentioned the need to ensure that any added language, which goes beyond the statute is only procedural in nature. After hearing everyone’s comments, David asked to pull back the Rule to make further adjustments to account for the concerns raised.
David presented his latest work on updating Rule 8.250 changes. Much of the discussion centered on the rationales for different requirements that may be necessary in specific types of evaluations and how that affects the rule’s language. David commented on how the rule is implemented in practice appears to vary across the state where evidentiary hearings are often required to have evaluations covered by the rule in his area whereas Matt noted they occurred less in his area where evaluations are often litigated as part of approval of the case plan itself rather than through separate evidentiary hearings (with some exceptions). Additional discussion centered on the statutory changes made in the past couple years, which have streamlined the court ordering substance abuse evaluations. Dennis and Matt also commented on the apparent differences in the criteria for pre-adjudication evaluations versus post- adjudication evaluations. After hearing everyone’s comments, David asked to pull back the rule to make further adjustments to account for the concerns raised.
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Alicia/Pilar 8.210 Parties and Participants 6/2018 – Tabled
Alicia Castillo noted that the proposed change to 8.210 was consistent with the language in the statutes. David Silverstein questioned whether the specific rights of participants should be included in the rule. Ward Metzger mentioned whether participants can obtain discovery. Dennis Moore mentioned that dependency courts view the proceeding as a court of equity. Kelley Schaeffer indicated that there were problems with giving participants standing the proceeding but not in any appellate proceeding. Kathleen Savor and Phillipa Hitchins suggested that there be standards to provide limitations on what participants may do in the proceedings. De’Anne said that there are questions whether participants have access to the court file.
Matt Wilson suggested to table Rule 8.210 for further discussion on standing. Kelly Swartz moved to table Rule 8.210 and Matt Wilson seconded the motion. The Subcommittee approved to table Rule 8.210 by acclamation.
Rebecca 8.230 Pleadings to Be Signed 9/2018 – Tabled
Rule 8.230 – The latest version of this rule, with the proposed changes of “shall” to “must”, was reviewed. However, Matt mentioned RJA is proposing changes to Rule 2.515, which may or may not create issues when compared to Rule 8.230. Based on that, David suggested tabling the proposed changes, to which no objections were raised.
David/Nazli 8.255 General Provisions for Hearings 7/2019 – Tabled
Rule 8.255: There were a few issues that David and Nazli raised regarding this rule: David inquired whether there needs to be a provision in the rule regarding therapy dogs. Matt relayed
that one of the RJA subcommittees is working a global rule for this and suggested that this matter be tabled to see what they produce and then our subcommittee can re-examine whether a juvenile rule should be drafted on the issue.
David inquired regarding whether the rule should be amended to address the issue of ensuring a case manager who works for an agency contracted by DCF can remain in the courtroom when the rule of sequestration is invoked. Matt suggested that the matter is already covered by the Evidence Code in that it gives courts some ability to permit specific persons in the courtroom if such a person is essential to the presentation of the parties’ cause. David relayed how even if that was the case, having the argument each time may not be an efficient use of court resources when the matter can be addressed by rule. Further discussion occurred regarding whether such a change may be substantive in nature. David agreed to research the matter further and to provide proposed language for the subcommittee’s review at a later date.
David suggested that there needs to be more specificity and/or a process in place in the rule for the court to determine when a child may not be available to testify. He relayed circumstances where children have had to wait for extended periods of time to see whether they would be needed to testify. He proposed a mechanism be added to address the timing of when this is determined (such as pre-trial rather than at the hearing in question) to Rule 8.255(d)(1) somewhat similar to the process in Rule 8.255(d)(2) regarding the use of in-camera examinations. Matt mentioned this may also run into matters of substantive law and suggested a comparison to the family law rule on this subject might be instructive regarding a process to use. Jodi voiced how something adapted from family law may not work given the vast differences in how the respective proceedings treat the issue of a child’s presence and testimony,
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which Nazli echoed given the party status of the child in dependency proceedings. After some more back and forth, David and Nazli agreed to work on whether the current process can be clarified to address the issues raise while still providing a way to address the need David raised.
David inquired whether protections like the ones listed in Rule 8.245(i) for depositions of children should be incorporated into Rule 8.255 beyond what exists for in-camera examinations. Dennis and Kelly mentioned that this may also run into matters of substantive law given the existing protections in the Evidence Code for child witnesses, but all recognized the importance of protecting children where possible.
Nazli presented on her proposal to modify Rule 8.255(b)(1) to address the issue of whether children must be physically present at hearings given how they have a right to attend all hearings. Kelly commented on how the additional language proposed regarding communication equipment may not need to be there. Nazli agreed and indicated her biggest concern was to ensure how children in various placements can participate in hearings. Matt mentioned while this is a very important issue, there is some concern that adding a physical presence requirement to the rule may run afoul of the statute, wherein section 39.01(58) speaks to the child’s presence as well. Dennis indicated care is needed to ensure the rule does not graft a requirement that the Legislature has not included as to an issue in an area in which the Legislature has already spoken via the statute. Matt suggested further research be done into the last time our Committee amended this rule on the child’s presence to see how the proposal avoided running afoul of the prohibition on creating substantive law. Nazli agreed to review that work and to draft a brief memo for a later meeting regarding whether her proposal is substantive in nature and thus, whether it’s appropriate for a procedural rule.
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(a) Commencement of Proceedings. Proceedings are commenced when:
(1) an initial shelter petition is filed;
(2) a petition alleging dependency is filed;
(3) a petition for termination of parental rights is filed;
(4) a petition for an injunction to prevent child abuse under chapter 39, Florida Statutes, is filed;
(5) a petition or affidavit for an order to take into custody is filed; or
(6) any other petition authorized by chapter 39, Florida Statutes, is filed.
(b) File to Be Opened. Upon commencement of any proceeding, the clerk shall must open a file and assign a case number.
RULE 8.203. APPLICATION OF UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
Any pleading filed commencing proceedings as set forth in rule 8.201 shall must be accompanied by an affidavit, to the extent of affiant’s personal knowledge, under the Uniform Child Custody Jurisdiction and Enforcement Act. Each party has a continuing duty to inform the court of any custody proceeding in this or any other state of which information is obtained during the proceeding.
RULE 8.205. TRANSFER OF CASES
(a) Transfer of Cases Within Circuit Court. If it should appear at any
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time in a proceeding initiated in a division other than the division of the circuit court assigned to handle dependency matters that facts are alleged that essentially constitute a dependency or the termination of parental rights, the court may upon consultation with the administrative judge assigned to dependency cases order the transfer of action and the transmittal of all relevant documents to the division assigned to handle dependency matters. The division assigned to handle dependency matters shall then assume jurisdiction only over matters pertaining to dependency, custody, visitation, and child support.
(b) Transfer of Cases Within the State of Florida. The court may transfer any case at any point during the proceeding after adjudication, when adjudication is withheld, or before adjudication where witnesses are available in another jurisdiction, to the circuit court for the county in which is located the domicile or usual residence of the child or such other circuit as the court may determine to be for the best interest of the child and to promote the efficient administration of justice. The transferring court must shall enter an order transferring its jurisdiction and certifying the case to the proper court, furnishing all parties, the clerk, and the attorney’s office handling dependency matters for the state in the receiving court a copy of the order of transfer within 5 days. The clerk shall must also transmit a certified copy of the file to the receiving court within 5 days.
(c) Transfer of Cases Among States. If it should appear at any time that an action is pending in another state, the court may transfer jurisdiction over the action to a more convenient forum state, may stay the proceedings, or may dismiss the action.
Committee Notes
1992 Amendment. Plans under rule 8.327 were deleted in the 1991 revision to the rules, but are being reinstated as “stipulations” in the 1992 revisions. This change corrects the cross-reference.
APPROVED SEPTEMBER 2018
RULE 8.226. DETERMINATION OF PARENTHOOD
(a) In General. The court must determine the identity of all parents and prospective parents at the initial hearing in proceedings under chapter 39, Florida
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Statutes, as provided by law. Nothing in this rule prevents a parent or prospective parent from pursuing remedies under chapter 742, Florida Statutes. The court having jurisdiction over the dependency matter may conduct proceedings under chapter 742, Florida Statutes, either as part of the chapter 39, Florida Statutes, proceeding or in a separate action under chapter 742, Florida Statutes.
(b) Appearance of Prospective Parent.
(1) If a prospective parent appears in the chapter 39, Florida Statutes, proceeding, the court shall must advise the prospective parent of the right to become a parent in the proceeding by completing a sworn affidavit of parenthood and filing the affidavit with the court or the department. This subdivision shall does not apply if the court has identified both parents of the child as defined by law.
(2) If the prospective parent seeks to become a parent in the chapter 39, Florida Statutes, proceeding, the prospective parent shall must complete a sworn affidavit of parenthood and file the affidavit with the court or the department. If a party objects to the entry of the finding that the prospective parent is a parent in the proceeding, or if the court on its own motion requires further proceedings to determine parenthood, the court shall must not enter an order finding parenthood until proceedings under chapter 742, Florida Statutes, have been concluded. The prospective parent shall must continue to receive notice of hearings as a participant pending the proceedings under chapter 742, Florida Statutes. If no other party objects and the court does not require further proceedings to determine parenthood, the court shall must enter an order finding that the prospective parent is a parent in the proceeding.
(3) If the prospective parent is uncertain about parenthood and requests further proof of parenthood, or if there is more than one prospective parent for the same child, the juvenile court may conduct proceedings under chapter 742, Florida Statutes, to determine parenthood. At the conclusion of the chapter 742, Florida Statutes, proceedings, the court shall must enter an order determining parenthood.
(4) Provided that paternity has not otherwise been established by operation of law or court order, at any time prior to the court entering a finding that the prospective parent is the parent in the proceeding, the prospective parent may complete and file with the court or the department a sworn affidavit of nonpaternity declaring that the prospective parent is not the parent of the child and
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waiving all potential rights to the child and rights to further notices of hearing and court filings in the proceeding.
(5) If the court has identified both parents of a child as defined by law, the court shall must not recognize an alleged biological parent as a parent in the proceeding until a court enters an order pursuant to law establishing the alleged biological parent as a parent in the proceeding.
APPROVED FEBRUARY 2018
RULE 8.231. PROVIDING COUNSEL TO DEPENDENT CHILDREN WITH SPECIAL NEEDS WHO HAVE A STATUTORY RIGHT TO COUNSEL
(a) Applicability. This rule applies to children for whom the court must appoint counsel under section 39.01305, Florida Statutes. This rule does not affect the court’s authority to appoint counsel for any other child.
(b) Duty of Court. The court shall must appoint an attorney to represent any child who has special needs as defined in section 39.01305, Florida Statutes, and who is subject to any proceeding under Chapter 39, Florida Statutes.
(c) Duties of Attorney. The attorney shall must provide the child the complete range of legal services, from the removal from the home or from the initial appointment through all available appellate proceedings. With permission of the court, the attorney may arrange for supplemental or separate counsel to represent the child in appellate proceedings.
APPROVED JULY 2019
RULE 8.240. COMPUTATION, CONTINUANCE, EXTENSION, AND ENLARGEMENT OF TIME
(a) Computation. Computation of time shall be is governed by Florida Rule of Judicial Administration 2.514, except for rules 8.300 and 8.305, to which rule 2.514(a)(2)(C) shall does not apply and the statutory time period shall governs.
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(b) Enlargement of Time. When by these rules, by a notice given under them, or by order of court an act is required or allowed to be done at or within a specified time, the court for good cause shown, within the limits established by law, and subject to the provisions of subdivision (d) of this rule, may, at any time, in its discretion (1) with or without notice, order the period enlarged if a request is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) on motion made and notice after the expiration of the specified period permit the act to be done when the failure to act was the result of excusable neglect. The court may not, except as provided by law or elsewhere in these rules, extend the time for making a motion for new trial, for rehearing, or vacation of judgment, or for taking an appeal. This rule shall does not be construed to apply to shelter hearings.
(c) Time for Service of Motions and Notice of Hearing. A copy of any written motion that may not be heard ex parte and a copy of the notice of hearing shall must be served a reasonable time before the time specified for the hearing.
(d) Continuances and Extensions of Time.
(1) A motion for continuance, extension, or waiver of the time standards provided by law and found in this rule shall must be in writing and signed by the requesting party. On a showing of good cause, the court shall must allow a motion for continuance or extension to be made ore tenus at any time during the proceedings.
(2) A motion for continuance, extension, or waiver of the time standards provided by law shall must not be made in advance of the particular circumstance or need that would warrant delay of the proceedings.
(3) A motion for continuance, extension, or waiver of the time standards provided by law shall must state all of the facts that the movant contends entitle the movant to a continuance, extension, or waiver of time including:
(A) the task that must be completed by the movant to preserve the rights of a party or the best interests of the child who is the subject of the proceedings;
(B) the minimum number of days absolutely necessary to complete this task; and
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(C) the total number of days the proceedings have been continued at the request of any party within any 12-month period.
(4) These time limitations do not include the following:
(A) Periods of delay resulting from a continuance granted at the request of the child’s counsel or the child’s guardian ad litem or, if the child is of sufficient capacity to express reasonable consent, at the request of or with the consent of the child.
(B) Periods of delay because of unavailability of evidence that is material to the case if the requesting party has exercised due diligence to obtain the evidence and there are substantial grounds to believe that the evidence will be available within 30 days. However, if the requesting party is not prepared to proceed within 30 days, any other party may move for issuance of an order to show cause or the court on its own motion may impose appropriate sanctions, which may include dismissal of the petition.
(C) Periods of delay to allow the requesting party additional time to prepare the case and additional time is justified because of an exceptional circumstance.
(D) Reasonable periods of delay necessary to accomplish notice of the hearing to the parent or legal custodian.
(5) Notwithstanding subdivision (4), proceedings may not be continued or extended for more than a total of 60 days for all parties within any 12- month period. A continuance or extension of time standards beyond 60 days in any 12-month period may be granted only on a finding by the court of extraordinary circumstances and that the continuance or extension of time standards is necessary to preserve the constitutional rights of a party or that there is substantial evidence demonstrating that the child’s best interests will be affirmatively harmed without the granting of a continuance or extension of time.
APPROVED APRIL 2019
(a) Appointment. Judges of the circuit court may appoint as many general magistrates from among the members of The Florida Bar in the circuit as the judges find necessary, and the general magistrates shall continue in office until removed by the court. The order of appointment shall must be recorded. Every person appointed as a general magistrate shall must take the oath required of officers by the Constitution and the oath shall must be recorded before the magistrate discharges any duties of that office.
(b) Referral.
(1) Consent. No matter shall be heard by a general magistrate without an appropriate order of referral and the consent to the referral of all parties. Consent, as defined in this rule, to a specific referral, once given, cannot be withdrawn without good cause shown before the hearing on the merits of the matter referred. Consent may be express or implied in accordance with the requirements of this rule.
(2) Objection. A written objection to the referral to a general magistrate must be filed within 10 days of the service of the order of referral. If the time set for the hearing is less than 10 days after service of the order of referral, the objection must be filed before commencement of the hearing. Failure to file a written objection within the applicable time period is deemed to be consent to the order of referral.
(3) Order.
(A) The order of referral shall contain the following language in bold type:
A REFERRAL TO A GENERAL MAGISTRATE REQUIRES THE CONSENT OF ALL PARTIES. YOU ARE ENTITLED TO HAVE THIS MATTER HEARD BEFORE A JUDGE. IF YOU DO NOT WANT TO HAVE THIS MATTER HEARD BEFORE THE GENERAL MAGISTRATE, YOU MUST FILE A WRITTEN OBJECTION TO THE REFERRAL WITHIN 10 DAYS OF THE TIME OF SERVICE OF THIS ORDER. IF THE TIME SET FOR THE HEARING IS LESS THAN 10 DAYS AFTER THE SERVICE OF THIS ORDER, THE OBJECTION MUST BE MADE BEFORE THE HEARING. FAILURE TO FILE A WRITTEN OBJECTION WITHIN THE APPLICABLE
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TIME PERIOD IS DEEMED TO BE A CONSENT TO THE REFERRAL.
REVIEW OF THE REPORT AND RECOMMENDATIONS MADE BY THE GENERAL MAGISTRATE SHALL BE BY EXCEPTIONS AS PROVIDED IN FLORIDA RULE OF JUVENILE PROCEDURE 8.257(f). A RECORD, WHICH INCLUDES A TRANSCRIPT OF PROCEEDINGS, ELECTRONIC RECORDING OF PROCEEDINGS, OR STIPULATION BY THE PARTIES OF THE EVIDENCE CONSIDERED BY THE GENERAL MAGISTRATE AT THE PROCEEDINGS, WILL BE REQUIRED TO SUPPORT THE EXCEPTIONS.
(B) The order of referral shall must state with specificity the matter or matters being referred. The order of referral shall must also state whether electronic recording or a court reporter is provided by the court.
(4) Setting Hearing. When a referral is made to a general magistrate, any party or the general magistrate may set the action for hearing.
(c) General Powers and Duties. Every general magistrate shall must perform all of the duties that pertain to the office according to the practice in chancery and rules of court and under the direction of the court. A general magistrate shall be empowered to administer oaths and conduct hearings, which may include the taking of evidence. All grounds for disqualification of a judge shall apply to general magistrates.
(d) Hearings.
(1) The general magistrate shall must assign a time and place for proceedings as soon as reasonably possible after the referral is made and give notice to each of the parties either directly or by directing counsel to file and serve a notice of hearing. If any party fails to appear, the general magistrate may proceed ex parte or may adjourn the proceeding to a future day, giving notice of the adjournment to the absent party. The general magistrate shall must proceed with reasonable diligence in every referral and with the least delay practicable. Any party may apply to the court for an order to the general magistrate to speed the proceedings and to make the report and to certify to the court the reason for any delay.
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(2) The general magistrate shall must take testimony and establish a record which may be by electronic means as provided by Florida Rule of Judicial Administration 2.535(g)(3) or by a court reporter. The parties may not waive this requirement.
(3) The general magistrate shall have authority to examine under oath the parties and all witnesses on all matters contained in the referral, to require production of all books, papers, writings, vouchers, and other documents applicable to it, and to examine on oath orally all witnesses produced by the parties. The general magistrate may take all actions concerning evidence that can be taken by the circuit court and in the same manner. The general magistrate shall have the same powers as a circuit judge to use communications equipment as defined and regulated by Florida Rule of Judicial Administration 2.530.
(4) The notice or order setting a matter for hearing shall must state whether electronic recording or a court reporter is provided by the court. If the court provides electronic recording, the notice shall must also state that any party may provide a court reporter at that party’s expense, subject to the court’s approval.
(e) Report.
(1) The general magistrate shall must file a report that includes findings of fact, conclusions of law, and recommendations and serve copies on all parties. If a court reporter was present, the report shall must contain the name and address of the reporter.
(2) The report and recommendations shall must contain the following language in bold type:
SHOULD YOU WISH TO SEEK REVIEW OF THE REPORT AND RECOMMENDATIONS MADE BY THE GENERAL MAGISTRATE, YOU MUST FILE EXCEPTIONS WITHIN 10 DAYS OF SERVICE OF THE REPORT AND RECOMMENDATIONS IN ACCORDANCE WITH FLORIDA RULE OF JUVENILE PROCEDURE 8.257(f). YOU WILL BE REQUIRED TO PROVIDE THE COURT WITH A RECORD SUFFICIENT TO SUPPORT YOUR EXCEPTIONS WITHIN 10 DAYS OF SERVICE OF THE REPORT AND
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RECOMMENDATIONS OR YOUR EXCEPTIONS WILL BE DENIED. A RECORD ORDINARILY INCLUDES A TRANSCRIPT OF PROCEEDINGS, ELECTRONIC RECORDING OF PROCEEDINGS, OR STIPULATION BY THE PARTIES OF THE EVIDENCE CONSIDERED BY THE GENERAL MAGISTRATE AT THE PROCEEDINGS. THE PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT PREPARED FOR THE COURT’S REVIEW.
(f) Exceptions. The parties may file exceptions to the report within 10 days from the time it is served on them. Any party may file cross-exceptions within 5 days from the service of the exceptions. However, the filing of cross-exceptions shall must not delay the hearing on the exceptions unless good cause is shown. If no 120 exceptions are filed within that period, the court shall must take appropriate action on the report. If exceptions are filed, they shall must be heard on reasonable notice by either party or the court.
(g) Record.
(1) For the purpose of the hearing on exceptions, a record, substantially in conformity with this rule, shall must be provided to the court by the party seeking review. The record shall consist of
(A) the court file;
(B) all depositions and evidence presented to the general magistrate; and
(C) the transcript of the proceedings, electronic recording of the proceedings, or stipulation by the parties of the evidence considered by the general magistrate at the proceedings.
(2) The transcript of the proceedings, electronic recording of the proceedings, or stipulation by the parties of the evidence considered by the general magistrate at the proceedings, if any, shall must be delivered to the judge and provided to all other parties not less than 48 hours before the hearing on exceptions.
(3) If less than a full transcript or electronic recording of the proceedings taken before the general magistrate is ordered prepared by the
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excepting party, that party shall must promptly file a notice setting forth the portions of the transcript or electronic recording that have been ordered. The responding party shall be permitted to designate any additional portions of the transcript or electronic recording necessary to the adjudication of the issues raised in the exceptions or cross-exceptions.
(4) The cost of the original and all copies of the transcript or electronic recording of the proceedings shall be borne initially by the party seeking review. Should any portion of the transcript or electronic recording be required as a result of a designation filed by the responding party, the party making the designation shall bear the initial cost of the additional transcript or electronic recording.
(h) Prohibition on Magistrate Presiding over Certain Hearings. Notwithstanding the provisions of this rule, a general magistrate shall must not preside over a shelter hearing under section 39.402, Florida Statutes, an adjudicatory hearing under section 39.507, Florida Statutes, or an adjudicatory
APPROVED AUGUST 2019
RULE 8.260. ORDERS
(a) General Requirements. All orders of the court must be reduced to writing as soon as possible after they are entered, as is consistent with orderly procedure, and must contain specific findings of fact and conclusions of law, and must be signed by the judge as provided by law.
(b) Transmittal to Parties. A copy of all orders must be transmitted to all parties either by the court or under its direction to all parties, at the time of the rendition entry of the order.
(c) Other Options. The court may require
(1) that orders be prepared by a party;
(2) that the party serve the order; and
(3) on a case-by-case basis, that proposed orders be furnished to all parties before entry of the order by the court.
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(d) Precedence of Orders. Orders of the circuit court hearing dependency matters Dependency orders must be filed in any dissolution or other custody action or proceeding involving the same child or children. These orders must take precedence over other orders affecting the placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the same minor child or children, unless the jurisdiction of the dependency court has been terminated. These orders may be filed under seal and need not be open to inspection by the public.
RULE 8.265. MOTION FOR REHEARING
(a) Basis. After the court has entered an order, any party may move for rehearing upon one or more of the following grounds:
(1) That the court erred in the decision of any matter of law arising during the hearing.
(2) That aA party did not receive a fair and impartial hearing.
(3) That aAny party required to be present at the hearing was not present.
(4) That there exists new and material evidence, which, if introduced at the hearing, would probably have changed the court’s decision and could not, with reasonable diligence, have been discovered before and produced at the hearing.
(5) That the court is without jurisdiction of the proceeding.
(6) That the judgment is contrary to the law and evidence.
(b) Time and Method.
(1) A motion for rehearing may be made and ruled upon immediately after the court announces its judgment but must be made within 10 days of the rendition entry of the order.
(2) If the motion is made in writing, it shall be served as provided
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in these rules for service of other pleadings.
(3) A motion for rehearing shall not toll the time for the taking of an appeal. The court shall rule on the motion for rehearing within 10 days of filing or it is deemed denied.
(c) Court Action.
(1) A rehearing may be granted to all or any of the parties on all or any part of the issues. All orders granting a rehearing shall state the specific issues to be reheard and provide for a date and time for the rehearing.
(2) If the motion for rehearing is granted, the court may vacate or modify the order or any part of it and allow additional proceedings as it deems just. It may enter a new judgment, and may order or continue the child in a shelter or out-of-home placement pending further proceedings.
(3) The court on its own initiative may vacate or modify any order within the time limitation provided in subdivision (b).
APPROVED MAY 2019, ADDITIONAL AMENDMENTS JUNE 2019
RULE 8.285. CRIMINAL CONTEMPT
(a) Direct Contempt. A contempt may be punished summarily if the court saw or heard the conduct constituting the contempt committed in the actual presence of the court. The judgment of guilt of contempt shall must include a recital of those facts upon which the adjudication of guilt is based. Prior to the adjudication of guilt the court shall must inform the person accused of the accusation and inquire as to whether there is any cause to show why he or she should not be adjudged guilty of contempt by the court and sentenced. The accused shall must be given the opportunity to present evidence of excusing or mitigating circumstances. The judgment shall must be signed by the court and entered of record. Sentence shall must be pronounced in open court.
(b) Indirect Contempt. An indirect contempt shall must be prosecuted in the following manner:
(1) Order to Show Cause. The court on its own motion or upon
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affidavit of any person having knowledge of the facts may issue and sign an order directed to the one accused of contempt, stating the essential facts constituting the contempt charged and requiring the accused to appear before the court to show cause why he or she should not be held in contempt of court. The order shall must specify the time and place of the hearing, with a reasonable time allowed for the preparation of a defense after service of the order on the one accused. It shall must be served in the same manner as a summons. Nothing herein shall be construed to prevent the one accused of contempt from waiving the service of process.
(2) Motions; Answer. The accused, personally or by counsel, may move to dismiss the order to show cause, move for a statement of particulars, or answer such order by way of explanation or defense. All motions and the answer shall must be in writing unless specified otherwise by the court. The accused’s omission to file a motion or answer shall not be deemed an admission of guilt of the contempt charged.
(3) Order of Arrest; Bail. The court may issue an order of arrest of the one accused of contempt if the court has reason to believe the accused will not appear in response to the order to show cause. The accused shall be is entitled to bail in the manner provided by law in criminal cases.
(4) Arraignment; Hearing. The accused may be arraigned at the hearing, or prior thereto upon request. A hearing to determine the guilt or innocence of the accused shall must follow a plea of not guilty. The court may conduct a hearing without assistance of counsel or may be assisted by the state attorney or by an attorney appointed for the purpose. The accused is entitled to be represented by counsel, have compulsory process for the attendance of witnesses, and may testify in his or her own defense. All issues of law and fact shall must be determined by the court.
(5) Disqualification of the Judge. If the contempt charged involves disrespect to or criticism of a judge, the judge shall must be disqualified by the chief judge of the circuit.
(6) Verdict; Judgment. At the conclusion of the hearing the court shall must sign and enter of record a judgment of guilty or not guilty. There should be included in a judgment of guilty a recital of the facts constituting the contempt of which the accused has been found and adjudicated guilty.
(7) Sentence. Prior to the pronouncement of sentence the court
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shall must inform the accused of the accusation and judgment against him or her and inquire as to whether there is any cause to show why sentence should not be pronounced. The accused shall must be afforded the opportunity to present evidence of mitigating circumstances. The sentence shall must be pronounced in open court and in the presence of the one found guilty of contempt.
RULE 8.286. CIVIL CONTEMPT
(a) Applicability. This rule governs indirect civil contempt proceedings in matters related to juvenile dependency. The use of civil contempt sanctions under this rule must be limited to those used to compel compliance with a court order or to compensate a movant for losses sustained as a result of a contemnor’s willful failure to comply with a court order. Contempt sanctions intended to punish an offender or to vindicate the authority of the court are criminal in nature and are governed by rule 8.285.
(b) Motion and Notice. Civil contempt may be initiated by motion. The motion must recite the essential facts constituting the acts alleged to be contemptuous. No civil contempt may be imposed without notice to the alleged contemnor and without providing the alleged contemnor with an opportunity to be heard. The civil contempt motion and notice of hearing may be served by mail provided notice by mail is reasonably calculated to apprise the alleged contemnor of the pendency of the proceedings. The notice must specify the time and place of the hearing and must contain the following language: “FAILURE TO APPEAR AT THE HEARING MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS HELD.”
(c) Hearing. In any civil contempt hearing, after the court makes an express finding that the alleged contemnor had notice of the motion and hearing:
(1) The court shall must determine whether the movant has established that a prior order was entered and that the alleged contemnor has failed to comply with all or part of the prior order.
(2) If the court finds the movant has established all of the requirements in subdivision (c)(1) of this rule, the court must,
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(A) if the alleged contemnor is present, determine whether the alleged contemnor had the present ability to comply with the prior court order; or
(B) if the alleged contemnor fails to appear, set a reasonable purge based on the circumstances of the parties.
The court may issue a writ of bodily attachment and direct that, upon execution of the writ of bodily attachment, the alleged contemnor be brought before the court within 48 hours for a hearing on whether the alleged contemnor has the present ability to comply with the prior court order and, if so, whether the failure to comply is willful.
(d) Order and Sanctions. After hearing the testimony and evidence presented, the court must enter a written order granting or denying the motion for contempt.
(1) An order finding the alleged contemnor to be in contempt must contain a finding that a prior order was entered, that the alleged contemnor has failed to comply with the prior court order, that the alleged contemnor had the present ability to comply, and that the alleged contemnor willfully failed to comply with the prior court order. The order must contain a recital of the facts on which these findings are based.
(2) If the court grants the motion for contempt, the court may impose appropriate sanctions to obtain compliance with the order including incarceration, attorneys’ fees and costs, compensatory or coercive fines, and any other coercive sanction or relief permitted by law provided the order includes a purge provision as set forth in subdivision (e) of this rule.
(e) Purge. If the court orders incarceration, a coercive fine, or any other coercive sanction for failure to comply with a prior order, the court must set conditions for purge of the contempt, based on the contemnor’s present ability to comply. The court must include in its order a separate affirmative finding that the contemnor has the present ability to comply with the purge and the factual basis for that finding. The court may grant the contemnor a reasonable time to comply with the purge conditions. If the court orders incarceration but defers incarceration for more than 48 hours to allow the contemnor a reasonable time to comply with the purge conditions, and the contemnor fails to comply within the time provided, the movant must file an affidavit of noncompliance with the court. The court then may
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(2) “Dependency mediation” means mediation of dependency
issue a writ of bodily attachment. Upon incarceration, the contemnor must be brought before the court within 48 hours for a determination of whether the contemnor continues to have the present ability to comply with the purge.
(f) Review after Incarceration. Notwithstanding the provisions of this rule, at any time after a contemnor is incarcerated, the court on its own motion or motion of any party may review the contemnor’s present ability to comply with the purge and the duration of incarceration and modify any prior orders.
(g) Other Relief. When there is a failure to comply with a court order but the failure is not willful, nothing in this rule shall be construed as precluding the court from granting such relief as may be appropriate under the circumstances.
RULE 8.290. DEPENDENCY MEDIATION
(1) “Dependency matters” means proceedings arising under Chapter 39, Florida Statutes.
matters.
(3) “Mediation” means a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem-solving, and exploring settlement alternatives.
(b) Applicability. This rule applies only to mediation of dependency matters.
(c) Compliance with Statutory Time Requirements. Dependency mediation shall must be conducted in compliance with the statutory time requirements for dependency matters.
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(d) Referral. Except as provided by this rule, all matters and issues described in subdivision (a)(1) may be referred to mediation. All referrals to mediation shall must be in written form, shall advise the parties of their right to counsel, and shall set a date for hearing before the court to review the progress of the mediation. The mediator or mediation program shall must be appointed by the court or stipulated to by the parties. If the court refers the matter to mediation, the mediation order shall must address all applicable provisions of this rule. The mediation order shall must be served on all parties and on counsel under the provisions of these rules the Florida Rules of Juvenile Procedure.
(e) Appointment of the Mediator.
(1) Court Appointment. The court, in the order of referral to mediation, shall must appoint a certified dependency mediator selected by rotation or by such other procedures as may be adopted by administrative order of the chief judge in the circuit in which the action is pending.
(2) Party Stipulation. Within 10 days of the filing of the order of referral to mediation, the parties may agree upon a stipulation with the court designating:
(A) another certified dependency mediator, other than a senior judge presiding as a judge in that circuit, to replace the one selected by the judge; or
(B) a mediator, other than a senior judge, who is not certified as a mediator but who, in the opinion of the parties and upon review by the presiding judge, is otherwise qualified by training or experience to mediate all or some of the issues in the particular case.
(f) Fees. Dependency mediation referrals may be made to a mediator or mediation program that charges a fee. Any order of referral to a mediator or mediation program charging a fee shall must advise the parties that they may timely object to mediation on grounds of financial hardship. On the objection of a party or the court’s own motion, the court may, after considering the objecting party’s ability to pay and any other pertinent information, reduce or eliminate the fee.
(g) Objection to Mediation. Within 10 days of the filing of the order of referral to mediation, any party or participant ordered to mediation may make a
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written objection to the court about the order of referral if good cause for such objection exists. If a party objects, mediation shall must not be conducted until the court rules on the objection.
(h) Scheduling. The mediation conference may be held at any stage of the proceedings. Unless otherwise scheduled by the court, the mediator or the mediation program shall must schedule the mediation conference.
(i) Disqualification of the Mediator. Any party may move to enter an order disqualifying a mediator for good cause. If the court rules that a mediator is disqualified from mediating a case, an order shall must be entered with the name of a qualified replacement. Nothing in this provision shall precludes mediators from disqualifying themselves or refusing any assignment.
(j) Substitute Mediator. If a mediator agreed upon by the parties or appointed by a court cannot serve, a substitute mediator can be agreed upon or appointed in the same manner as the original mediator. A mediator shall must not mediate a case assigned to another mediator without the agreement of the parties or approval of the court. A substitute mediator shall must have the same qualifications as the original mediator.
(k) Discovery. Unless stipulated by the parties or ordered by the court, the mediation process shall must not suspend discovery.
(l) Appearances.
(1) Order Naming or Prohibiting Attendance of Parties. The court shall must enter an order naming the parties and the participants who must appear at the mediation and any parties or participants who are prohibited from attending the mediation. Additional participants may be included by court order or by mutual agreement of all parties.
(2) Physical Presence of Adult Parties and Participants. Unless otherwise agreed to by the parties or ordered by the court, any party or participant ordered to mediation shall must be physically present at the mediation conference. Persons representing an agency, department, or program must have full authority to enter into an agreement that shall be is binding on that agency, department, or program. In the discretion of the mediator, and with the agreement of the attending parties, dependency mediation may proceed in the absence of any party or participant ordered to mediation.
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(3) Appearance of Counsel. In the discretion of the mediator, and with the agreement of the attending parties, dependency mediation may proceed in the absence of counsel unless otherwise ordered by the court.
(4) Appearance of Child. The court may prohibit the child from appearing at mediation upon determining that such appearance is not in the best interest of the child. No minor child shall be is required to appear at mediation unless the court has previously determined by written order that it is in the child’s best interest to be physically present. The court shall must specify in the written order of referral to mediation any special protections necessary for the child’s appearance.
(5) Sanctions for Failure to Appear. If a party or participant ordered to mediation fails to appear at a duly-noticed mediation conference without good cause, the court, on motion of any party or on its own motion, may impose sanctions. Sanctions against the party or participant failing to appear may include one or more of the following: contempt of court, an award of mediator fees, an award of attorney fees, an award of costs, or other remedies as deemed appropriate by the court.
(m) Caucus with Parties and Participants. During the mediation session, the mediator may meet and consult privately with any party, participant or counsel.
(n) Continuances. The mediator may end the mediation session at any time and may set new times for reconvening the mediation. No further notification shall be is required for parties or participants present at the mediation session.
(o) Report on Mediation.
(1) If agreement is reached on all or part of any matter or issue, including legal or factual issues to be determined by the court, the agreement shall must be immediately reduced to writing, signed by the attending parties, and promptly submitted to the court by the mediator with copies to all parties and counsel.
(2) If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall must report the lack of an agreement to the court without comment or recommendation.
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(p) Court Hearing and Order On Mediated Agreement. On receipt of a full or partial mediation agreement, the court shall must hold a hearing and enter an order accepting or rejecting the agreement consistent with the best interest of the child. The court may modify the terms of the agreement with the consent of all parties to the agreement.
(q) Imposition of Sanctions On Breach of Agreement. In the event of any breach or failure to perform under the court–approved agreement, the court, on a motion of any party or on its own motion, may impose sanctions. The sanctions may include contempt of court, vacating the agreement, imposition of costs and attorney fees, or any other remedy deemed appropriate by the court.
Committee Notes
1997 Adoption. In considering the provision regarding the appearance of the child found in subsection (l)(4), the Supreme Court Mediation and Arbitration Rules Committee considered issues concerning the child’s right to participate and be heard in mediation and the need to protect the child from participating in proceedings when such participation would not be in the best interest of the child. The Committee has addressed only the issue of mandating participation of the child in mediation. In circumstances where the court has not mandated that the child appear in mediation, the Committee believes that, in the absence of an order prohibiting the child from mediation, the participation of the child in mediation will be determined by the parties.
Whenever the court, pursuant to subdivision (p) determines whether to accept, reject, or modify the mediation agreement, the Committee believes that the court shall act in accordance with the confidentiality requirements of chapter 44, Florida Statutes.
APPROVED NOVEMBER 2019
RULE 8.217. ATTORNEY AD LITEM
(a) Request. At any stage of the proceedings, any party may request or the court may consider whether an attorney ad litem is necessary to represent any child alleged, or found, to be dependent, if one has not already been appointed.
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(b) Appointment. The court may appoint an attorney ad litem to represent the child in any proceeding as allowed by law.
(c) Duties and Responsibilities. The attorney ad litem shall must be an attorney who has completed any additional requirements as provided by law. The attorney ad litem shall have has the responsibilities provided by law.
(d) Service. An attorney ad litem shall be is entitled to receive and must provide service of pleadings and documents as provided by rule 8.225.
RULE 8.224. PERMANENT MAILING ADDRESS
(a) Designation. On the first appearance before the court, each party shall must provide a permanent mailing address to the court. The court shall must advise each party that this address will be used by the court, the petitioner, and other parties for notice unless and until the party notifies the court and the petitioner, in writing, of a new address.
(b) Effect of Filing. On the filing of a permanent address designation with the court, the party then has an affirmative duty to keep the court and the petitioner informed of any address change. Any address change must be filed with the court as an amendment to the permanent address designation within 10 calendar days.
(c) Service to Permanent Mailing Address. Service of any summons, notice, pleadings, subpoenas, or other papers to the permanent mailing address on file with the court will be presumed to be appropriate service.

JUVENILE COURT RULES COMMITTEE VIRTUAL MEETING AGENDA

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