Supreme Court of Florida ____________ No. SC18-174 ____________ IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE - 2018 REGULAR-CYCLE REPORT. December 6, 2018 PER CURIAM. We have for consideration The Florida Bar’s Juvenile Court Rules Committee’s (JCR Committee) regular-cycle report of proposed amendments to the Florida Rules of Juvenile Procedure. See Fla. R. Jud. Admin. 2.140(b)(4).1 We adopt the majority of the unopposed proposals and either modify or decline to adopt, at this time, the two opposed proposals as well as several of the other proposed amendments. BACKGROUND The JCR Committee proposes amendments to Florida Rules of Juvenile Procedure 8.005 (Ordering Children into Custody); 8.045 (Notice to Appear); 1. We have jurisdiction. See art. V, § 2(a), Fla. Const. 8.060 (Discovery); 8.080 (Acceptance of Guilty or Nolo Contendere Plea); 8.085 (Prehearing Motions and Service); 8.090 (Speedy Trial); 8.100 (General Provisions for Hearings); 8.110 (Adjudicatory Hearings); 8.255 (General Provisions for Hearings); 8.257 (General Magistrates); 8.320 (Providing Counsel to Parties); 8.425 (Permanency Hearings); and 8.435 (Reinstatement of Jurisdiction for Young Adult); and forms 8.947 (Disposition Order—Delinquency); 8.964 (Dependency Petition); 8.965 (Arraignment Order); and 8.991 (Final Order Dismissing Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy). The Committee also proposes adding new form 8.953 (Waiver of Rights), and deleting form 8.974 (Petition to Extend or Reinstate Court’s Jurisdiction). Consistent with rule 2.140(b)(2), the JCR Committee published its proposals for comment prior to filing them with the Court. The JCR Committee received one comment addressing a proposal not included in the Committee’s report. The Board of Governors of The Florida Bar unanimously approved all the proposals. The Court published the proposals for comment after they were filed. The Civil Procedure Rules Committee (CivPR Committee) filed a comment with the Court raising concerns about proposed new rule 8.255(e) (Taking Testimony), which addresses the use of communication equipment, suggesting that the JCR Committee should coordinate its proposal with amendments to Florida Rule of Judicial Administration 2.530 (Communication Equipment) and the civil rules -2- currently being developed by the CivPR Committee and the Rules of Judicial Administration Committee (RJA Committee). The JCR Committee filed a response declining to follow that suggestion. After the comment period ended, the JCR Committee filed a notice of filing providing the Court with a comment by Robert Blaise Trettis, the Public Defender for the Eighteenth Judicial Circuit, addressing the proposed amendments to juvenile rule 8.080 (Acceptance of Guilty or Nolo Contendere Plea) that would title subdivision (c)(10) of that rule “Immigration Consequences” and require the court, when accepting a plea to a delinquency charge, to ensure that the child understands the potential immigration consequences of entering the plea. Mr. Trettis pointed out that the Court had previously rejected substantially the same amendments to Florida Criminal Rule of Procedure 3.172 (Acceptance of Guilty or Nolo Contendere Plea) in In re Amendments to the Florida Rules of Criminal Procedure, 188 So. 3d 764, 766 (Fla. 2015). He therefore urged the JCR Committee to withdraw its proposed amendments to the ...
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