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
Page 1
• 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
Page 3
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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JCRC Agenda January 2021
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;
Page 6
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
JCRC Agenda January 2021
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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JCRC Agenda January 2021
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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JCRC Agenda January 2021
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)
Page 10
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.
Page 12
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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JCRC Agenda January 2021
(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
1 Page 15
________________________________
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
JCRC Agenda January 2021
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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JCRC Agenda January 2021
(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.
Page 19
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
JCRC Agenda January 2021
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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JCRC Agenda January 2021
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.
Page 22
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,
Page 23
JCRC Agenda January 2021
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.
Page 24
(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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JCRC Agenda January 2021
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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JCRC Agenda January 2021
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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JCRC Agenda January 2021
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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JCRC Agenda January 2021
(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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JCRC Agenda January 2021
(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
JCRC Agenda January 2021
(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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JCRC Agenda January 2021
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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JCRC Agenda January 2021
(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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JCRC Agenda January 2021
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.