IN RE: AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE – 2024 LEGISLATION. (2025)

The Florida Bar's Juvenile Court Rules Committee has filed a “fast-track” report proposing amendments to Florida Rule of Juvenile Procedure 8.013 (Detention Petition and Order) and to Florida Rules of Juvenile Procedure Forms 8.929 (Detention Order) and 8.947 (Disposition Order—Delinquency).¹ The amendments are in response to recent legislation. See ch. 2024-130, Laws of Fla. The Florida Bar's Board of Governors unanimously approved the proposed amendments.

Having considered the Committee's proposal and the relevant legislation, we hereby amend the Florida Rules of Juvenile Procedure as proposed by the Committee, with a few minor modifications. The significant amendments are discussed below.

First, a new subdivision (d) is added to rule 8.013. This new subdivision articulates procedures relating to subsections (g) and (h) of section 985.255(1), Florida Statutes (2024), which were enacted by chapter 2024-130, § 10, Laws of Florida. Specifically, new subdivision (d) states the procedure for filing a motion to release a juvenile for whom probable cause was found for one or more of the offenses listed in section 985.255, Florida Statutes, and it articulates the required contents of an order releasing a child from secure detention. Rule 8.013 is further amended to require that reasonable notice must be given to the opposing party whenever a party files a motion to extend detention.

We make one modification to the Committee's proposed language for rule 8.013(d)(3). Under the Committee's proposed language, on releasing a child from secure detention, the court “must state in writing the reasons that the child is not a present risk to public safety or a danger to the community.” To align with the language of section 985.255(1)(h), we modify this language to instead provide that the court “must state in writing the reasons why the child does not present a risk to public safety or a danger to the community.”

Next, we amend form 8.929 to incorporate the recent legislative changes to chapter 985, Florida Statutes. See ch. 2024-130, Laws of Fla. The amendments to form 8.929 add several entries to the form, including entries reflecting that sections 985.25, 985.255, and 985.439 now specify mandatory punishments for certain offenses (including firearm offenses), allow electronic monitoring to be imposed for probation violations, and require that youths arrested for certain electronic monitoring violations be placed in secure detention until a detention hearing.

Finally, we amend form 8.947, also to align with the recent legislative changes—primarily changes made to chapter 985, Florida Statutes. The amendments to form 8.947 address new statutory provisions that eliminate minimum-risk nonresidential commitment programs, replace non-secure residential commitment programs with moderate-risk residential commitment programs, allow courts to commit children to moderate-risk residential commitment programs in cases that involve possession of firearm charges, remove references to post-commitment probation, specify conditions of release from commitment programs, increase the number of days children can serve in secure detention, permit credit for time served, and specify additional punishments and conditions relevant to releasing children from secure detention in cases involving firearm offenses.

Accordingly, the Florida Rules of Juvenile Procedure are hereby amended, as reflected in the appendix to this opinion. New language is indicated with underscoring; deletions are indicated with struck-through text. The amendments become effective immediately. Because the amendments were not previously published for comment, interested persons shall have 75 days from the date of this opinion to file comments with the Court.²

It is so ordered.

APPENDIX

RULE 8.013. DETENTION PETITION AND ORDER

(a) - (b) [No Change]

(c) Additional Requirements for Secure Detention.

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

(2) [No Change]

(d) Additional Requirement for Designated Offenses.

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

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

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

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

(e) Petition. The detention petition must:

(1) – (7) [No Change]

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

(1) – (10) [No Change]

FORM 8.929. DETENTION ORDER

FOOTNOTES

1.   We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e).

2.   All comments must be filed with the Court on or before April 29, 2025, with a certificate of service verifying that a copy has been served on Committee Chair Sarah J. Rumph, 325 John Knox Rd., Building South, Tallahassee, Florida 32303, sarah.rumph@myflfamilies.com, and on the Bar Staff Liaison to the Committee, Michael Hodges, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, rules@floridabar.org, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair has until May 20, 2025, to file a response to any comments filed with the Court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal (Portal). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment may be, but is not required to be, filed via the Portal. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927.

PER CURIAM.

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