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Proposed Editorial Amendments to Juvenile Dependency Rules

The Juvenile Court Rules Committee invites comments on the proposed editorial rule amendments of juvenile dependency rules anticipated to be included in a report to the Court. The full text of the proposals can be found here.

Interested persons have until May 1, 2020, to submit any comments, electronically, to Linda Berman, chair of the Juvenile Court Rules Committee Law Rules Committee, and Bar staff liaison Mikalla Davis.

Rule 8.201 (Commencement of Proceedings) 25-0-0 In subdivision (b), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).
Rule 8.203 (Application of Uniform Child Custody Jurisdiction and Enforcement Act) 25-0-0 Replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).
Rule 8.205 (Transfer of Cases) 25-0-0 In subdivision (b), adds “at any point during the proceeding” for greater clarity.

Also, in that subdivision, replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

Rule 8.217 (Attorney Ad Litem) 25-0-0 In subdivision (c), replaces “shall” with “must” and “shall have” with “has” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (d), replaces “shall be” with “is” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

Rule 8.224 (Permanent Mailing Address) 25-0-0 In subdivision (a), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (b), adds “within 10 calendar days” to the end of the subdivision to add a reasonable timeframe to file the address change.

Rule 8.226 (Determination of Parenthood) 25-0-0 In subdivision (b)(1), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (b)(2), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (b)(3), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (b)(5), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

Rule 8.231 (Providing Counsel to Dependent Children with Special Needs Who Have a Statutory Right to Counsel) 25-0-0 In subdivision (b), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (c), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

 

 

Rule 8.235 (Motions) 25-0-0 In subdivision (a), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (c), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

Also, in the third sentence of this subdivision, replaces “it” with “the motion” and “the” with “an opposing” for greater clarity for the reader.  Also, to the end of that sentence, adds “in a written transverse or demurrer” for clarity for the reader. In the fourth sentence of this subdivision, replaces “the” with “an opposing” for greater clarity for the reader. To the end of the subdivision, adds a sentence regarding when the transverse or demurrer should be filed for greater clarity for the reader.

Rule 8.240 (Computation, Continuance, Extension, and Enlargement of Time) 25-0-0 In subdivision (a), rephrases the sentence to eliminate “shall” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (b), rephrases the last sentence to eliminate “shall” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (c), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (d), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

Rule 8.257 (General Magistrates) 25-0-0 In subdivision (a), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (b)(3)(B), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (c), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (d), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (e), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (f), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (g), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (h), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

Rule 8.260 (Orders) 25-0-0 In subdivision (a), adds “as possible” after “as soon” and a comma after “entered” for greater clarity for the reader. Also, in this subdivision deletes “as is” “must” and “,and must be” for greater clarity for the reader.

In subdivision (b), adds “to all parties either” to the beginning of the sentence and deletes “to all parties” in the middle of the sentence for greater clarity for the reader. Also in this sentence, replaces “entry with “the rendition” for greater clarity.

In subdivision (c), adds colon after “require” for grammar.

In subdivisions (c)(1) and (c)(2), deletes “that” for grammar.

In subdivision (d), replaces “Orders of the circuit court hearing dependency matters” with “Dependency orders” for greater clarity. At the end of the first sentence and to the third sentence, adds “or children” for greater specification for the reader. In the third sentence, adds “the” before “jurisdiction” and “of the dependency court” after “jurisdiction” for greater specification for the reader.

Rule 8.265 (Motion for Rehearing) 25-0-0 In subdivisions (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), and (a)(6), deletes “That” for grammar. Also, in (a)(1), (a)(2), (a)(3), (a)(4), and (a)(5), replaces the period with a comma at the end of each subdivision.

In subdivision (b)(1), replaces “entry” with “rendition” for greater clarity.

In subdivision (c)(1), adds “and provide for a date and time for rehearing” for greater clarity for the reader.

Rule 8.285 (Criminal Contempt) 25-0-0 In subdivision (a), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (b), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006). In subdivision (b)(3), replaces “shall be” with “is” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

Rule 8.286 (Civil Contempt) 25-0-0 In subdivision (c)(1), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (c)(2), replaces the comma with a colon at the end of the subdivision.

Rule 8.290 (Dependency Mediation) 25-0-0 In subdivision (c), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (d), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006). In the second sentence of this subdivision, deletes “shall” prior to “advise” and “set.” Also, in this subdivision, replaces “the Florida Rules of Juvenile Procedure” with “these rules” for greater clarity for the reader.

In subdivision (e), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (f), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (g), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (h), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (i), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (j), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (k), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (l), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (l)(2), replaces “shall be” with “is” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (n), replaces “shall be” with “is” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (o), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

In subdivision (p), replaces “shall” with “must” in compliance with In re: Guidelines for Rules Submission, AOSC06-14 (Fla. 2006).

8.332 (Order Finding Dependency) 22-0-0 In paragraph (b)(2), replaces “findings” with allegations to correct scrivener’s error.

Full Text of the Proposal

The full text of the proposals can be found here