In Re: Amendments to the Florida Rules of Juvenile Procedure – Form 8.933


Supreme Court of Florida ____________ No. SC21-585 ____________ IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE—FORM 8.933. November 4, 2021 PER CURIAM. Before the Court is the report of The Florida Bar’s Juvenile Court Rules Committee (Committee) proposing amendments to the Florida Rules of Juvenile Procedure. See Fla. R. Gen. Prac. & Jud. Admin. 2.140(b). We have jurisdiction. See art. V, § 2(a), Fla. Const. The Committee proposes amending form 8.933 (Waiver of Counsel). The amendments were unanimously approved by the Board of Governors of The Florida Bar, and the Court published the Committee’s proposal for comment in The Florida Bar News. One comment was received from the Florida Public Defender Association (FPDA). The Committee filed a response to the comment, as well as an amended proposal incorporating many of FPDA’s suggested changes. Having considered the Committee’s report, FPDA’s comment, and the Committee’s response, the Court hereby adopts the amendments to form 8.933 contained in the Committee’s amended proposal. To make form 8.933 more accessible and easily understood by juveniles, the form’s existing language is replaced with age-appropriate language that more fully explains the right to counsel in delinquency proceedings. A section titled “Statement of Attorney Assigned to Discuss the Waiver with the Child” is added to the end of the form that requires a lawyer to acknowledge that he or she has read the waiver to the juvenile, explained it fully, and is of the belief that the juvenile has knowingly, intelligently, and voluntarily waived the right to counsel. Accordingly, the Florida Rules of Juvenile Procedure are amended as set forth in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck- through type. The amendments shall become effective on January 1, 2022, at 12:01 a.m. It is so ordered. -2- CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, 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 Candice K. Brower, Chair, Juvenile Court Rules Committee, Gainesville, Florida, Matthew Charles Wilson, Past Chair, Juvenile Court Rules Committee, Tallahassee, Florida, Joshua E. Doyle, Executive Director, and Mikalla Andies Davis, Staff Liaison, The Florida Bar, Tallahassee, Florida, for Petitioner Hon. Jessica J. Yeary, on behalf of the Florida Public Defender Association, Inc., Tallahassee, Florida, Responding with comments -3- Appendix FORM 8.933. WAIVER OF COUNSEL WAIVER OF COUNSEL I, the undersigned child, ..... years of age, understand: (1) That a complaint of delinquency alleging that I did: .................... has been made against me; (2) That I have a right to a lawyer and that if I am unable to pay a lawyer and wish to have one appointed, a lawyer will be provided immediately. I understand this right to and offer of a lawyer and, being aware of the effect of this waiver, I knowingly, intelligently, understandingly and of my own free will now choose to and, by the signing of this waiver, do hereby …

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