In Re: Amendments to Florida Rules of Juvenile Procedure

Supreme Court of Florida
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No. SC2024-0572
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IN RE: AMENDMENTS TO FLORIDA RULES OF JUVENILE
PROCEDURE.

October 2, 2024

PER CURIAM.

The Florida Bar’s Juvenile Court Rules Committee (Committee)

has filed a report proposing amendments to Florida Rules of

Juvenile Procedure 8.240 (Computation, Continuance, Extension,

and Enlargement of Time), 8.315 (Arraignments and Prehearing

Conferences), and 8.510 (Advisory Hearing and Pretrial Status

Conferences).1 The Committee, by a vote of 26-0-0, approved the

amendments to rule 8.240, and by a vote of 25-0-2, approved the

amendments to rules 8.315 and 8.510. The Florida Bar’s Board of

Governors unanimously voted to recommend approval of the

amendments. Before filing its report with the Court, the Committee

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).
published its proposals for comment in The Florida Bar News. No

comments were received by the Committee. The Court published

the Committee’s proposals in the June 1, 2024, edition of The

Florida Bar News. No comments were received.

After considering the Committee’s proposals, we adopt the

amendments as proposed. In general, the amendments rephrase

the rules for clarity and the new language will help to make the

rules more easily understood. In addition, editorial changes are

made throughout the rules in accord with In re Guidelines for Rules

Submissions, Florida Administrative Order No. AOSC22-78 (Oct. 24,

2022).

Rule 8.240(b) (Enlargement of Time) is amended by

reorganizing the circumstances for enlarging a deadline into two

subdivisions rather than as provided in one paragraph.

Rules 8.315(c) and 8.510(b), because both govern pretrial

conferences—one for dependency and the other for involuntary

termination of parental rights, respectively—are amended to align

their structure and formatting and to provide that the same matters

to be determined are separately listed in both rules.

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Accordingly, we amend the Florida Rules of Juvenile Procedure

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

indicated by underscoring, while deleted language is indicated by

struck-through type. The amendments to the rules shall become

effective on January 1, 2025, 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

Sarah J. Rumph, Chair, Juvenile Court Rules Committee,
Tallahassee, Florida, Cheo A. Reid, Past Chair, Juvenile Court Rules
Committee, West Palm Beach, Florida, Joshua E. Doyle, Executive
Director, The Florida Bar, Tallahassee, Florida, and Michael
Hodges, Staff Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

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APPENDIX

RULE 8.240. COMPUTATION, CONTINUANCE, EXTENSION,
AND ENLARGEMENT OF TIME

(a) [No Change]

(b) Enlargement of Time. When by these rules, by a notice
given under them, or by order of a court order an act is required or
allowed an act to be done at or within a specified time, the court
has discretion to enlarge the time or excuse an otherwise untimely
act only 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 ifas follows:

(1) If a request for enlargement is made before the
expiration of the period originally prescribed or as extended by a
previous order, the court may grant the request with or without
notice.

(2) If the time has expired, the court may permit the act
to be done outside the specified time, if the movant gives 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
ofand demonstrates excusable neglect.

However, Tthe 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 does not apply to shelter hearings.

(c) [No Change]

(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 must be
in writing and signed by the requesting party. On a showing of good

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cause, the court must allow a motion for continuance or extension
to be made ore tenusorally at any time during the proceedings.

(2)-(5) [No Change]

RULE 8.315. ARRAIGNMENTS AND PREHEARINGPRETRIAL
STATUS CONFERENCES

(a) Arraignment.

(1) Before the adjudicatory hearing, the court must
conduct a hearing to determine whether an admission, consent, or
denial to the petition shallmust be entered, and whether the parties
are represented by counsel or are entitled to appointed counsel as
provided by law.

(2) If an admission or consent is entered and no denial
is entered by any other parent or legal custodian, the court must
enter a written order finding dependency based on the allegations of
the dependency petition by a preponderance of the evidence. The
court shallmust schedule a disposition hearing to be conducted
within 15 days. If a denial is entered, the court shallmust set an
adjudicatory hearing within the period of time provided by law and
appoint counsel when required.

(3) If one parent enters an admission or consent and
the other parent who is present enters a denial to the allegations of
the dependency petition, the court must enter a written order
finding dependency based on the allegations of the dependency
petition that pertain to the parent who enters an admission or
consent by a preponderance of the evidence. The court must then
reserve ruling on whether the parent who entered the denial
contributed to the dependency status of the child pursuant tounder
the statutory definition of a dependent child until the parent enters
an admission or consent to the dependency petition, the court
conducts an adjudicatory hearing, or the issue is otherwise
resolved.

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(4) If one parent enters an admission or consent and
the identity or location of the other parent is unknown, the court
must enter a written order finding dependency based on the
allegations of the dependency petition by a preponderance of the
evidence. The court must then reserve ruling on whether the parent
whose identity or location is unknown contributed to the
dependency status of the child pursuant tounder the statutory
definition of a dependent child until the parent enters an admission
or consent to the dependency petition, the court conducts an
adjudicatory hearing, or the court proceeds as provided by law
regarding a parent whose identity or location is unknown.

(5) [No Change]

(b) Withdrawal of Plea. The court may for good cause, at
any time before the beginning of a disposition hearing, permit an
admission of the allegations of the petition or a consent to
dependency to be withdrawn and, if an adjudication has been
entered, set aside the adjudication. In a subsequent adjudicatory
hearing the court shallmust disregard an admission or consent that
has been withdrawn.

(c) Prehearing Pretrial Status Conference. Before any
adjudicatory hearing, the court may set or the parties may request
that a prehearing pretrial status conference be held to determine:

(1) the order in which each party may present its case
witnesses or evidence, the order in which cross-examination and
argument shall occur,;

(2) which witnesses will be physically present testify in
person and which will appear testify via communication
technology,;

(3) how a remote witness’s identity will be confirmed,;

(4) any stipulations entered into by the parties; and

(5) any other matters that may aid in the conduct of the
adjudicatory hearing to prevent any undue delay in the
adjudicatory hearing. The court may also enter findings on the

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record of any stipulations entered into by the parties and consider
any other matters that may aid in the conduct of the adjudicatory
hearing.

(d) [No Change]

Committee Notes
[No Change]

RULE 8.510. ADVISORY HEARING AND PRETRIAL STATUS
CONFERENCES

(a) [No Change]

(b) Pretrial Status Conference. Not less than 10 days before
the adjudicatory hearing on a petition for involuntary termination of
parental rights, the court must conduct a pretrial status conference
to determine:

(1) the order in which each party may present its case
witnesses or evidence, the order in which cross-examination and
argument must occur,;

(2) which witnesses will be physically present testify in
person and which will appear testify via audio-video communication
technology,;

(3) how a remote witness’s identity will be confirmed;

(4) any stipulations entered into by the parties; and

(5) any other matters that may aid in the conduct of the
adjudicatory hearing.

(c) [No Change]

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