In Re: Amendments to Florida Rules of Juvenile Procedure

Supreme Court of Florida
____________

No. SC2025-0237
____________

IN RE: AMENDMENTS TO FLORIDA RULES OF JUVENILE
PROCEDURE.

October 16, 2025

PER CURIAM.

The Florida Bar’s Juvenile Court Rules Committee filed a

report proposing amendments to Florida Rules of Juvenile

Procedure 8.040 (Process); 8.060 (Discovery); 8.085 (Prehearing

Motions and Service); 8.104 (Testimony by Closed-Circuit Television

or Audio-Video Communication Technology); 8.105 (Waiver of

Jurisdiction); 8.110 (Adjudicatory Hearings); 8.145 (Supersedeas on

Appeal); and 8.225 (Process, Diligent Searches, and Service of

Pleadings and Papers). 1 The Florida Bar’s Board of Governors voted

unanimously to recommend approval of the amendments. After the

Committee filed its report, the Court published the proposed

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).
amendments for comment. One comment was received from the

Florida Public Defender Association. In response to the comment,

the Committee withdrew its proposal to amend rule 8.104.

After considering the proposals, we amend the Florida Rules of

Juvenile Procedure as proposed by the Committee. We discuss

some of the more specific rule amendments below.

The amendment to rule 8.040 clarifies who must be served

with a summons for petitions for delinquency proceedings,

specifically identifying “the child, the parents of the child, and any

legal custodians.”

The amendment to rule 8.060 moves the procedures for

motions to take depositions to perpetuate testimony from

subdivision (e) of the discovery rule to a new prehearing motions

subdivision in rule 8.085(a). This change will provide better

alignment with the procedural stages of litigation.

Additionally, rule 8.085 is amended to delete the procedures

for service of pleadings and papers, and to instead generally

reference the Florida Rules of General Practice and Judicial

Administration. Also, the amendment requires that the attorney

signing the pleading be “duly licensed to practice law in Florida.”

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The amendment to rule 8.105 clarifies that subdivision (c)

does not apply to non-bondable offenses by including language

expressly limiting the provision to where the right to bail exists,

thus aligning with Florida Rule of Criminal Procedure 3.121(a)(7).

Rule 8.110, as amended, clarifies that if a child offers no

testimony other than his or her own, the child is entitled to both the

first and last closing arguments.

Rule 8.145, as amended, removes subdivision (b), titled

“Preeminence of Rule,” which states that this rule takes precedence

over other court rules regarding supersedeas on appeal. This

revision is necessary because, in the event of a conflict, the Florida

Rules of Appellate Procedure govern, according to rule 2.130.

Lastly, rule 8.225 as amended clarifies in subdivision (a)(4)(B)

that a notice for a hearing conducted remotely only requires 72

hours’ notice. This change aligns with the 72-hour notice

requirement under subdivision (a)(1) for participants located in

Florida.

Accordingly, we amend the Florida Rules of Juvenile Procedure

as reflected in the appendix to this opinion. New language is

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underscored; deleted language is stricken through. The

amendments become effective on January 1, 2026, at 12:01 a.m.

It is so ordered.

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

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Juvenile Procedure

Hon. Angélica D. Zayas, Chair, Juvenile Court Rules Committee,
Miami, Florida, Sarah J. Rumph, Past Chair, Juvenile Court Rules
Committee, Tallahassee, Florida, Joshua E. Doyle, Executive
Director, The Florida Bar, Tallahassee, Florida, and Heather S.
Telfer, Staff Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

Carlos J. Martinez, Public Defender, Eleventh Judicial Circuit of
Florida, Miami, Florida, and John Eddy Morrison, Assistant Public
Defender, Eleventh Judicial Circuit of Florida, Miami, Florida, on
behalf of Florida Public Defender Association, Inc., Tallahassee,
Florida,

Responding with comments

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APPENDIX

RULE 8.040. PROCESS

(a) Summons.

(1) UponOn the filing of a petition upon a child who is
not detained by order of the court, the clerk shallmust issue a
summons to the child, the parents of the child, and any legal
custodians. The summons shallmust require the person on whom it
is served to appear for a hearing at a time and place specified, or if
appearance is via audio-video communication technology then the
summons shallmust provide instructions as to how to attend the
hearing. The time of the hearing shallmust not be less than 24
hours after service of the summons. The summons shallmust
require the custodian to produce the child at the said time and
place. A copy of the delinquency petition shallmust be attached to
the summons.

(2) [No Change]

(3) If the child is being detained by order of the court,
process shallmust be in accordance with the rule pertaining to the
arraignment of a detained child.

(b) Service.

(1) Generally. The summons and other process
shallmust be served upon such persons and in such manner as
required by law. If the parents or custodian are out of the state and
their address is known the clerk shallmust give them notice of the
proceedings by mail. Service of process may be waived.

(2) [No Change]

Committee Notes
[No Change]

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RULE 8.060. DISCOVERY

(a) Notice of Discovery.

(1) After the filing of the petition, a child may elect to
utilize the discovery process provided by these rules, including the
taking of discovery depositions, by filing with the court and serving
upon the petitioner a “notice of discovery” which shall binds both
the petitioner and the child to all discovery procedures contained in
these rules. Participation by a child in the discovery process,
including the taking of any deposition by a child, shall beis an
election to participate in discovery. If any child knowingly or
purposely shares in discovery obtained by a codefendant, the child
shall beis deemed to have elected to participate in discovery.

(2) Within 5 days of service of the child’s notice of
discovery, the petitioner shallmust serve a written discovery exhibit
which shallmust disclose to the child or the child’s counsel and
permit the child or the child’s counsel to inspect, copy, test, and
photograph the following information and material within the
petitioner’s possession or control:

(A) A list of the names and addresses of all
persons known to the petitioner to have information that may be
relevant to the allegations, to any defense with respect thereto, or to
any similar fact evidence to be presented at trial under section
90.402(2), Florida Statutes. The names and addresses of persons
listed shallmust be clearly designated in the following categories:

(i) Category A. These witnesses shall
include:

a.-b. [No Change]

c. witnesses who were present when a
recorded or unrecorded statement was taken from or made by the
child or codefendant, which shallmust be separately identified
within this category;

d.-h. [No Change]

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(ii)-(iii) [No Change]

(B) The statement of any person whose name is
furnished in compliance with the preceding paragraph. The term
“statement” as used herein means a written statement made by said
person and signed or otherwise adopted by him or her and also
includes any statement of any kind or manner made by such
person and written or recorded or summarized in any writing or
recording. The term “statement” is specifically intended to include
all police and investigative reports of any kind prepared for or in
connection with the case, but shalldoes not include the notes from
which such reports are compiled.

(C)-(L) [No Change]

(3) As soon as practicable after the filing of the petition,
the petitioner shallmust disclose to the child any material
information within the state’s possession or control which tends to
negate the guilt of the child as to the petition’s allegations.

(4) The petitioner shallmust perform the foregoing
obligations in any manner mutually agreeable to the petitioner and
the child or as ordered by the court.

(5) UponOn a showing of materiality to the preparation
of the defense, the court may require such other discovery to the
child as justice may require.

(b) Required Disclosure to Petitioner.

(1) If a child elects to participate in discovery, within 5
days after receipt by the child of the discovery exhibit furnished by
the petitioner under this rule, the following disclosures shallmust
be made:

(A) The child shallmust furnish to the petitioner a
written list of names and addresses of all persons whom the child
expects to call as witnesses at the hearing. When the petitioner
subpoenas a witness whose name has been furnished by the child,
except for hearing subpoenas, reasonable notice shallmust be given

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to the child as to the time and location of examination pursuant to
the subpoena. At such examination, the child through counsel shall
havehas the right to be present and to examine the witness. The
physical presence of the child shall beis governed by rule
8.060(d)(6).

(B) The child shallmust serve a written discovery
exhibit which shallmust disclose to the petitioner and permit the
petitioner to inspect, copy, test, and photograph the following
information and material which is in the child’s possession or
control:

(i)-(iii) [No Change]

(2) The child shallmust perform the foregoing
obligations in any manner mutually agreeable to the child and the
petitioner or as ordered by the court.

(3) [No Change]

(c) Limitations on Disclosure.

(1) UponOn application, the court may deny or partially
restrict disclosure authorized by this rule if it finds there is a
substantial risk to any person of physical harm, intimidation,
bribery, economic reprisals, or unnecessary annoyance or
embarrassment resulting from such disclosure, which outweighs
any usefulness of the disclosure to the party requesting it.

(2) The following matters shall not beare not subject to
disclosure:

(A) Disclosure shall not beis not required of legal
research or of records, correspondence, or memoranda, to the
extent that they contain the opinion, theories, or conclusions of the
prosecuting or defense attorney or members of their legal staff.

(B) Disclosure of a confidential informant shall not
beis not required unless the confidential informant is to be

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produced at a hearing or a failure to disclose the informant’s
identity will infringe upon the constitutional rights of the child.

(d) Depositions.

(1) [No Change]

(2) Procedure.

(A) The party taking the deposition shallmust give
reasonable written notice to each other party and shall make a good
faith effort to coordinate the date, time, and location of the
deposition to accommodate the schedules of other parties and the
witness to be deposed. The notice shallmust state the time and the
location of the deposition and the name of each person to be
examined, and include a certificate of counsel that a good faith
effort was made to coordinate the deposition schedule.

(B) UponOn application, the court or the clerk of
the court may issue subpoenas for the persons whose depositions
are to be taken.

(C) To protect deponents and the rights of the
parties and to ensure compliance with statutes, the court may enter
orders, including but not limited to the orders allowed by rule
8.060(c), (j)(i), (k)(j), and (l)(k), upon motion of a party, the deponent,
or on its own motion, for good cause shown.

(D) In any case, no person shallmay be deposed
more than once except by consent of the parties or by order of the
court issued on good cause shown.

(E) Unless a provision of this rule conflicts with
the Florida Rules of Civil Procedure, the procedure for taking the
deposition, including the scope of the examination, and the
issuance of a subpoena (except for a subpoena duces tecum) for
deposition by an attorney of record in the action, shallmust be the
same as that provided in the Florida Rules of Civil Procedure.

(F)-(G) [No Change]

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(H) A witness listed by the petitioner as a Category
C witness shall not beis not subject to deposition unless the court
determines that the witness should be listed in another category.

(I) No deposition shallmay be taken in a case in
which a petition has been filed alleging that the child committed
only a misdemeanor or a criminal traffic offense when all other
discovery provided by this rule has been complied with unless good
cause can be shown to the trial court. In determining whether to
allow a deposition, the court should consider the consequences to
the child, the complexity of the issues involved, the complexity of
the witness’s testimony (e.g., experts), and the other opportunities
available to the child to discover the information sought by
deposition. However, this prohibition against the taking of
depositions shall not be applicabledoes not apply if following the
furnishing of discovery by the child the petitioner then takes the
statement of a listed defense witness pursuant to section 27.04,
Florida Statutes.

(3) Use of Deposition. Any deposition taken pursuant
tounder this rule may be used at any hearing covered by these rules
by any party for the purpose of impeaching the testimony of the
deponent as a witness.

(4)-(5) [No Change]

(6) Physical Presence of Child. The child shallmust not
be physically present at a deposition except upon stipulation of the
parties or as provided by this rule.

The court may order the physical presence of the child upon a
showing of good cause. In ruling, the court may consider:

(A)-(D) [No Change]

(7) Depositions of Law Enforcement Officers. Subject to
the general provisions of this rule, law enforcement officers
shallmust appear for deposition, without subpoena, upon written
notice of taking deposition delivered at the address designated by
the law enforcement agency or department or, if no address has

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been designated, to the address of the law enforcement agency or
department, 5 days prior tobefore the date of the deposition. Law
enforcement officers who fail to appear for deposition after being
served notice are subject to contempt proceedings.

(8) Telephonic Statements. On stipulation of the parties
and the consent of the witness, the statement of any witness may
be taken by telephone in lieu of the deposition of the witness. In
such case, the witness need not be under oath. The statement,
however, shallmust be recorded and may be used for impeachment
at trial and as a prior inconsistent statement pursuant tounder the
Florida Evidence Code.

(9) Videotaped Depositions of Sensitive Witnesses.

(A) Depositions of children under the age of 18
shallmust be videotaped upon demand of any party unless
otherwise ordered by the court.

(B)-(C) [No Change]

(e) Perpetuating Testimony.

(1) After the filing of the petition and upon reasonable
notice, any party may apply for an order to perpetuate testimony of
a witness. The application shall be verified or supported by the
affidavits of credible persons, and shall state that the prospective
witness resides beyond the territorial jurisdiction of the court or
may be unable to attend or be prevented from attending the
subsequent court proceedings, or that grounds exist to believe that
the witness will absent himself or herself from the jurisdiction of the
court, that the testimony is material, and that it is necessary to
take the deposition to prevent a failure of justice.

(2) If the application is well founded and timely made,
the court shall order a commission to be issued to take the
deposition of the witness to be used in subsequent court
proceedings and that any designated books, papers, documents, or
tangible objects, not privileged, be produced at the same time and
place. The commission may be issued to any official court reporter,

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whether the witness be within or without the state, transcribed by
the reporter, and filed in the court. The commission shall state the
time and place of the deposition and be served on all parties.

(3) No deposition shall be used or read in evidence
when the attendance of the witness can be procured. If it shall
appear to the court that any person whose deposition has been
taken has absented himself or herself by procurement,
inducements, or threats by or on behalf of any party, the deposition
shall not be read in evidence on behalf of that party.

(fe) Nontestimonial Discovery. After the filing of the
petition, upon application, and subject to constitutional limitations,
the court may with directions as to time, place, and method, and
upon conditions that are just, require:

(1)-(2) [No Change]

(gf) Court May Alter Times. The court may alter the times
for compliance with any discovery under these rules on good cause
shown.

(hg) Supplemental Discovery. If, subsequent to compliance
with these rules, a party discovers additional witnesses, evidence,
or material that the party would have been under a duty to disclose
or produce at the time of such previous compliance, the party shall
promptly disclose or produce such witnesses, evidence, or material
in the same manner as required under these rules for initial
discovery.

(ih) Investigations Not to Be Impeded. Except as otherwise
provided for matters not subject to disclosure or restricted by
protective orders, neither the counsel for the parties nor other
prosecution or defense personnel shallmay advise persons having
relevant material or information, except for the child, to refrain from
discussing the case with opposing counsel or showing opposing
counsel any relevant material, nor shallmay they otherwise impede
opposing counsel’s investigation of the case.

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(ji) Protective Orders. UponOn a showing of good cause, the
court shallmay at any time order that specified disclosures be
restricted, deferred, or exempted from discovery, that certain
matters are not to be inquired into or that the scope of the
deposition be limited to certain matters, that a deposition be sealed
and after being sealed be opened only by order of the court, or make
such other order as is appropriate to protect a witness from
harassment, unnecessary inconvenience, or invasion of privacy,
including prohibiting the taking of a deposition. All material and
information to which a party is entitled, however, must be disclosed
in time to permit such party to make beneficial use of it.

(kj) Motion to Terminate or Limit Examination. At any
time during the taking of a deposition, on motion of a party or of the
deponent, and upon a showing that the examination is being
conducted in bad faith or in such manner as to unreasonably
annoy, embarrass, or oppress the deponent or party, the court in
which the action is pending or the circuit court where the
deposition is being taken may:

(1)-(6) [No Change]

If the order terminates the deposition, it shallmay be
resumed thereafter only upon the order of the court in which the
action is pending. UponOn demand of any party or deponent, the
taking of the deposition shallmust be suspended for the time
necessary to make a motion for an order.

(lk) In Camera and Ex Parte Proceedings.

(1) [No Change]

(2) UponOn request, the court shallmust allow the
child to make an ex parte showing of good cause for taking the
deposition of a Category B witness.

(3) A record shallmust be made of proceedings
authorized under this subdivision. If the court enters an order
granting relief after an in camera inspection or ex parte showing,
the entire record of the proceeding shallmust be sealed and

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preserved in the records of the court, to be made available to the
appellate court in the event of an appeal.

(ml) Sanctions.

(1)-(2) [No Change]

Court Commentary
[No Change]

RULE 8.085. PREHEARING MOTIONS AND SERVICE

(a) Prehearing Motions.

(1) Motions in General. Every motion made before a
hearing and any pleading in response to the motion shallmust be in
writing and shall be signed by the party making the motion or if the
party is represented by an attorney, the party’s attorney. This
requirement may be waived by the court for good cause shown.

(2) Motion to Dismiss. All defenses not raised by a plea
of not guilty or denial of the allegations of the petition shallmust be
made by a motion to dismiss the petition. If a motion to dismiss is
granted, the child who is detained under an order entered under
rule 8.013 may be continued in detention under the said order
upon the representation that a new or amended petition will be
filed.

(3) Motion to Suppress. Any confession or admission
obtained illegally or any evidence obtained by an unlawful search
and seizure may be suppressed on motion by the child.

(A) Every motion to suppress shallmust clearly
state the particular evidence sought to be suppressed, the reason
for the suppression, and a general statement of the facts on which
the motion is based.

(B) Before hearing evidence, the court shallmust
determine if the motion is legally sufficient. If it is not, the motion
shallmust be denied. If the court hears the motion on its merits, the

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moving party shallmust present evidence in support thereofof the
motion and the state may offer rebuttal evidence.

(4) [No Change]

(5) Time for Filing. Any motion to suppress, sever, or
dismiss shallmust be made prior to the date of the adjudicatory
hearing unless an opportunity to make such motion previously did
not exist or the party making the motion was not aware of the
grounds for the motion.

(6) Sworn Motions to Dismiss. Before the adjudicatory
hearing the court may entertain a motion to dismiss on the ground
that there are no material disputed facts and the undisputed facts
do not establish a prima facie case of guilt against the child. The
facts on which suchthe motion is based shallmust be specifically
alleged and the motion sworn to by the child. The motion shallmust
be filed a reasonable time before the date of the adjudicatory
hearing. The state may traverse or demur to this motion. Factual
matters alleged in it shallmust be deemed admitted unless
specifically denied by the state in a traverse. The court, in its
discretion, may receive evidence on any issue of fact necessary to
decide the motion. The motion shallmust be dismissed if the state
files a written traverse that with specificity denies under oath the
material fact or facts alleged in the motion to dismiss. Any
demurrer or traverse shallmust be filed a reasonable time before the
hearing on the motion to dismiss.

(7) Motions to Take Deposition to Perpetuate Testimony.

(A) After the filing of the petition and upon
reasonable notice, any party may apply for an order to perpetuate
testimony of a witness. The application must be verified or
supported by the affidavits of credible persons, and must state that
the prospective witness resides beyond the territorial jurisdiction of
the court or may be unable to attend or be prevented from
attending the subsequent court proceedings, or that grounds exist
to believe that the witness will absent himself or herself from the
jurisdiction of the court, that the testimony is material, and that it
is necessary to take the deposition to prevent a failure of justice.

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(B) If the application is well founded and timely
made, the court must order a commission to be issued to take the
deposition of the witness to be used in subsequent court
proceedings and that any designated books, papers, documents, or
tangible objects, not privileged, be produced at the same time and
place. The commission may be issued to any official court reporter,
whether the witness be within or without the state, transcribed by
the reporter, and filed in the court. The commission must state the
time and place of the deposition and be served on all parties.

(C) No deposition may be used or read in evidence
when the attendance of the witness can be procured. If the court
finds that any person whose deposition has been taken has
absented himself or herself by procurement, inducements, or
threats by or on behalf of any party, the deposition may not be read
in evidence on behalf of that party.

(b) Service of Pleadings and Papers. The service and filing
of pleadings and papers is governed by the Florida Rules of General
Practice and Judicial Administration.

(1) When Required. Unless the court orders otherwise,
every pleading subsequent to the initial petition, every order, every
written motion, unless it is one as to which hearing ex parte is
authorized, and every written notice filed in the case shall be served
on each party; however, nothing herein shall be construed to
require that a plea be in writing or that an application for witness
subpoena be served.

(2) How Made. When service is required or permitted to
be made upon a party represented by an attorney, service shall be
made upon the attorney unless service upon the party is ordered by
the court. Service upon the attorney or party shall be made by
electronic mail (e-mail) consistent with the requirements of Florida
Rule of General Practice and Judicial Administration 2.516, unless
the parties stipulate otherwise. Service on or by all parties who are
not represented by an attorney and who do not designate an e-mail
address, and on and by all attorneys excused from e-mail service,
must be made by delivering a copy or by mailing it to the attorney
or party’s last known address or, if no address is known, by leaving

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it with the clerk of the court. Service by mail shall be complete upon
mailing. Delivery of a copy within this rule shall mean:

(A) handing it to the attorney or the party;

(B) leaving it at the attorney’s office, with the
person in charge thereof;

(C) if there is no one in charge of the office, leaving
it in a conspicuous place therein;

(D) if the office is closed or the person to serve has
no office, leaving it at his or her usual place of abode with some
person of the family above 15 years of age and informing such
person of the contents thereof; or

(E) transmitting it by facsimile to the attorney’s or
party’s office with a cover sheet containing the sender’s name, firm,
address, telephone number, and facsimile number, the number of
pages transmitted, and the recipient’s facsimile number. When
service is made by facsimile, a copy shall also be served by any
other method permitted by this rule. Facsimile service occurs when
the transmission is complete.

(3) Filing. All documents must be filed with the court
either before service or immediately thereafter. If the document
required to be filed is to be an original and is not placed in the court
file or deposited with the clerk, a certified copy must be so placed
by the clerk.

(4) Filing with Court Defined. The filing of documents
with the court as required by these rules shall be made by filing
them with the clerk of the court in accordance with rule 8.004,
except that the judge may permit documents to be filed with the
judge, in which event the judge must note the filing date before him
or her on the documents and transmit them to the clerk. The date
of filing is that shown on the face of the document by the notation
of the judge or the time stamp of the clerk, whichever is earlier.

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(5) Certificate of Service. When any authorized person
shall in substance certify:

“I certify that a copy/copies has/have been furnished to (insert
name or names) by (e-mail) (delivery) (mail) (fax) on (date).
Title”
the certificate shall be taken as prima facie proof of such service in
compliance with all rules of court and law.

(6) People Who May Certify Service. Service of pleadings
and orders required to be served as provided by subdivision (2) may
be certified by an attorney of record, clerk or deputy clerk, court, or
authorized agent of the Department of Juvenile Justice in the form
provided in subdivision (b)(5).

(c) [No Change]

(d) Time for Service of Motions and Notice of Hearing.
Service by e-mail is complete on the date it is sent and must be
treated as service by mail for the computation of time. If the sender
learns that the e-mail did not reach the address of the person to be
served, the sender must immediately send another copy by e-mail,
or by means authorized by subdivision (b)(2). If e-mail service is
excused, a copy of any written motion which may not be heard ex
parte and a copy of the notice of the hearing thereof shallmust be
served a reasonable time before the time specified for the hearing. If
a document is served by more than one method of service, the
computation of time for any response to the served document
shallmust be based on the method of service that provides the
shortest response time.

(e) Pleading to Be Signed by Attorney. Every written paper
or pleading of a party represented by an attorney shallmust be
signed in the attorney’s individual name by such attorney, whose
who is duly licensed to practice law in Florida. The attorney’s
mailing address, primary e-mail address and telephone number,
including area code, and Florida Bar number shallmust be stated,
and who shall be duly licensed to practice law in Florida in the
pleading. Any document served by e-mail or filed electronically may

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be signed by any of the “/s/,” “/s,” or “s/” formats. The attorney
may be required by an order of court to vouch for the authority to
represent such party and to give the address of such party. Except
when otherwise specifically provided by these rules or applicable
statute, pleadings as such need not be verified or accompanied by
affidavit.

(f) Pleading to Be Signed by Unrepresented Party. A party
who has no attorney but represents himself or herself shallmust
sign the written pleading or other paper to be filed and state his or
her primary e-mail address, mailing address, and telephone
number, including area code.

(g) Effect of Signing Pleading. The signature of a person
shall constitutes a certificate that the paper or pleading has been
read; that to the best of the person’s knowledge, information, and
belief there is good ground to support it; and that it is not inter-
posed for delay. If a pleading or paper is not signed, or is signed
with intent to defeat the purpose of this rule, it may be stricken and
the action may proceed as though the pleading or paper had not
been served.

(h) [No Change]

Committee Notes
[No Change]

RULE 8.105. WAIVER OF JURISDICTION

(a) On Demand. On demand for waiver of jurisdiction, the
court shallmust enter a written order setting forth the demand,
waiving jurisdiction, and certifying the case for trial as if the child
were an adult. The demand shallmust be made in the formmanner
provided by law prior tobefore the commencement of an
adjudicatory hearing. A certified copy of the order shallmust be
furnishedprovided to the clerk of the court having jurisdiction to try
the child as an adult and to the prosecuting officerattorney of the
said child within 5 days of the demand being made. The court may

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order that the child be delivered to the sheriff of the county in
which the court that is to try the child is located.

(b) Involuntary Waiver; Hearing.

(1) As provided by law, the state attorney may, or if
required shallmust, file a motion requesting the court to waive its
jurisdiction and certify the case to the appropriate court for trial as
if the child were an adult.

(2) Following the filing of the motion of the state
attorney, summons shallmust be issued and served in conformity
with the provision ofunder rule 8.040. A copy of the motion and a
copy of the delinquency petition, if not already served, shallmust be
attached to each summons.

(3) No plea to a petition shallmay be accepted by the
court prior to the disposition of the motion to waive jurisdiction.

(4) After the filing of the report required by law, the
court shallmust conduct a hearing on the motion to determine the
existence of the criteria established by law for waiver of jurisdiction.

(5) After hearing as provided in this rule:

(A) The court may enter an order waiving
jurisdiction and certifying the case for trial as if the child were an
adult as provided by law. The order shallmust set forth the basis for
waiver of jurisdiction and certification to the appropriate court, with
copies provided to all parties and the department. A certified copy of
the order shallmust be furnished to the clerk of the court having
jurisdiction to try the child as an adult and to the prosecuting
officerattorney of the said court within 5 days of the date of the
order. The child shallmust be delivered immediately to the sheriff of
the county in which the court that is to try the child as an adult is
located.

(B) [No Change]

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(c) Bail. If the child is delivered to the sheriff under
subdivisions (a) or (b) for offenses where the right to bail exists, the
court shallmust fixset the amount of bail or other conditions of
release, and the return date. A certified copy of the order shallmust
be furnished to the sheriff.

RULE 8.110. ADJUDICATORY HEARINGS

(a) Appearances; Pleas. The child shallmust appear before
the court at the times set and, unless a written plea has been filed,
enter a plea of guilty, not guilty, or, with the consent of the court,
nolo contendere.

(b) [No Change]

(c) Trial by Court. The adjudicatory hearing shallmust be
conducted by the judge without a jury. At this hearing, the court
determines whether the allegations of the petition have been
sustained.

(d) Joint and Separate Trials. When 2 or more children are
alleged to have committed a delinquent act or violation of law, they
shallmust be tried jointly unless the court in its discretion orders
separate trials.

(e) Testimony. The child may choose to be sworn as a
witness and testify in his or her own behalf. The child may be cross-
examined as other witnesses. No child shallcan be compelled to give
testimony against himself or herself, nor shall any prosecuting
attorney be permitted to comment on the failure of the child to
testify in his or her own behalf. A child offering no testimony on his
or her own behalf except his or her own shall be entitled to the
concluding argumentis entitled to an initial closing argument and a
rebuttal closing argument following the closing argument of the
State.

(f) Motion for Judgment of Dismissal. If, at the close of
the evidence for the petitioner or at the close of all the evidence in
the cause, the court is of the opinion that the evidence is
insufficient to establish a prima facie case of guilt against the child,

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it may, or on the motion of the state attorney or the child
shallmust, enter an order dismissing the petition for insufficiency of
the evidence. A motion for judgment of dismissal is not waived by
subsequent introduction of evidence on behalf of the child. The
motion must fully set forth the grounds on which it is based.

(g) Dismissal. If the court finds that the allegations in the
petition have not beenare not proven beyond a reasonable doubt, it
shallmust enter an order so finding and dismissing the case.

(h) [No Change]

(i) Specifying Offense Committed. If in a petition more
than one offense is alleged the court shallmust state in its order
which offense or offenses it finds the child committed.

(j)-(k) [No Change]

RULE 8.145. SUPERSEDEAS ON APPEAL

(a) Granting of Supersedeas. The court in considering the
welfare and best interest of the child and the interest of the public
may grant a supersedeas in its discretion on such conditions as it
may determine are appropriate.

(b) Preeminence of Rule. This rule shall be to the exclusion
of any other court rule providing for supersedeas on appeal.

RULE 8.225. PROCESS, DILIGENT SEARCHES, AND SERVICE
OF PLEADINGS AND PAPERS

(a) Summons and Subpoenas.

(1)-(3) [No Change]

(4) Service of Summons and Other Process to Persons
Residing Outside of the State in Dependency Proceedings.

(A) [No Change]

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(B) If the hearing will be conducted in person,
Nnotice under this rule must be served, mailed, delivered, or last
published at least 20 days before any hearing in this state. If the
hearing will be conducted remotely or conducted in a hybrid format
where the person receiving the notice has been provided
instructions for appearing at the hearing through communication
technology, notice under this rule must be served, mailed,
delivered, or last published at least 72 hours before any hearing in
this state.

(C)-(D) [No Change]

(5) [No Change]

(b)-(e) [No Change]

(f) Notice and Service of Pleadings and Papers.

(1)-(4) [No Change]

(5) Method of Service. When service is required or
permitted to be made upon a party or participant represented by an
attorney, service must be made upon the attorney unless service
upon the party or participant is ordered by the court.

(A) [No Change]

(B) Service by Electronic Mail (“e-mail”). Service of
a document by e-mail is made by an e-mail sent to all addresses
designated by the attorney or party with either (a) a copy of the
document in PDF format attached or (b) a link to the document on a
website maintained by a clerk.

(i) Service on Attorneys. UponOn appearing
in a proceeding, an attorney must designate a primary e-mail
address and may designate no more than two secondary e-mail
addresses to which service must be directed in that proceeding.
Every document filed by an attorney thereafter must include the
primary e-mail address of that attorney and any secondary e-mail
addresses. If an attorney does not designate any e-mail address for

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service, documents may be served on that attorney at the e-mail
address on record with The Florida Bar.

(ii) Exception to E-mail Service on Attorneys.
Service by an attorney on another attorney must be made by e-mail
unless the parties stipulate otherwise. UponOn motion by an
attorney demonstrating that the attorney has no e-mail account
and lacks access to the Internet at the attorney’s office, the court
may excuse the attorney from the requirements of e-mail service.
Service on and by an attorney excused by the court from e-mail
service must be by the means provided in subdivision (c)(6) of this
rule.

(iii)-(vi) [No Change]

(6) Service by Other Means. In addition to, and not in
lieu of, service by e-mail, service may also be made upon attorneys
and parties not represented by an attorney by any of the means
specified in this subdivision. If a document is served by more than
one method of service, the computation of time for any response to
the served document must be based on the method of service that
provides the shortest response time. Service on and by all parties
and participants who are not represented by an attorney and who
are excused from e-mail service, and on and by all attorneys
excused from e-mail service, must be made by delivering a copy of
the document or by mailing it to the party or participant at their
permanent mailing address if one has been provided to the court or
to the party, participant, or attorney at their last known address or,
if no address is known, by leaving it with the clerk of the court.
Service by mail is complete upon mailing. Delivery of a copy within
this rule is complete upon:

(A)-(F) [No Change]

(7)-(11) [No Change]

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