IN RE: AMENDMENTS TO FLORIDA RULE OF JUVENILE PROCEDURE 8.013
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The Florida Supreme Court approved amendments to Florida Rule of Juvenile Procedure 8.013 to clarify detention order requirements, including replacing mandatory language with more precise terminology and adding specific written findings requirements for detentions involving domestic violence offenses.
The Court approved the Committee's proposed amendments, which replace 'shall' with 'must' throughout the rule (except in subdivision (a) where 'shall' becomes 'may'), and add new subdivision (e)(6) requiring specific written findings when a child is detained for a domestic violence offense, including findings that respite care is unavailable and secure detention is necessary to protect the victim.
[1] The Florida Supreme Court has the authority to amend the Florida Rules of Juvenile Procedure.
[2] The Florida Rules of Juvenile Procedure are amended to incorporate statutory requirements and improve clarity.
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Join FLexlaw to unlock all legal intelligence“The Committee proposes amending rule 8.013 to include the requirements in section 985.255(2), Florida Statutes (2022), and to improve clarity in accord with In re Guidelines for Rules Submissions, Florida Administrative Order No. AOSC22-78 (Oct. 24, 2022).”
Establishes the dual purposes of the amendments: statutory alignment and clarity improvement.
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Juvenile Court Rules Committee proposed amendments to Rule 8.013 (Detention Petition and Order) to incorporate statutory requirement…
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PER CURIAM.
The Florida Bar’s Juvenile Court Rules Committee (Committee) has filed a report proposing amendments to Florida Rule of Juvenile Procedure 8.013 (Detention Petition and Order). 1 The Committee proposes amending rule 8.013 to include the requirements in section 985.255(2), Florida Statutes (2022), and to improve clarity in accord with In re Guidelines for Rules Submissions, Florida Administrative Order No. AOSC22-78 (Oct. 24, 2022). The Board of Governors of The Florida Bar unanimously approved the proposed amendments.
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).
After the Committee filed its report, the Court published the proposal and received one comment. In response to the comment, the Committee amended its proposal. Having considered the Committee’s proposal, the comment received, and the Committee’s response, the Court hereby amends the Florida Rules of Juvenile Procedure as proposed and revised by the Committee.
First, rule 8.013 is amended by replacing “shall” with “must” throughout the rule, except in subdivision (a), where “shall” is replaced with “may” because it is more appropriate in the context of the sentence.
In addition, new subdivision (e)(6) is added to clarify the requirement that pursuant to section 985.255(2), if a child is being detained on an offense that is classified as an act of domestic violence for 48 hours as provided by law, the detention order must include specific written findings that respite care for the child is not available, and that it is necessary to place the child in secure detention in order to protect the victim from injury.
Accordingly, Florida Rule of Juvenile Procedure 8.013 is amended as set forth in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck- -2-through type. The amendments shall become effective on July 1, 2023, at 12:01 a.m.
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, and FRANCIS, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER