Supreme Court of Florida

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No. SC2022-1462

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IN RE: AMENDMENTS TO FLORIDA RULE OF JUVENILE 

PROCEDURE 8.013.

May 4, 2023

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).
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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-
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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 

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Juvenile Procedure

Stephanie C. Zimmerman, Chair, Juvenile Court Rules Committee, 

Bradenton, Florida, Joshua E. Doyle, Executive Director, The 

Florida Bar, Tallahassee, Florida, and Michael Hodges, Staff 

Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

Patricia Gladson, on behalf of the Honorable Scott M. Bernstein, 

Miami, Florida,

Responding with comments
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APPENDIX

RULE 8.013. DETENTION PETITION AND ORDER

(a) Time Limitation. No child taken into custody shallmay

be detained, as a result of the incident for which taken into 

custody, longer than as provided by law unless a detention order so 

directing is made by the court following a detention hearing.

(b)-(c) [No changes]

(d) Petition. The detention petition shallmust:

(1)-(7) [No changes]

(e) Order. The detention order shallmust:

(1)-(3) [No changes]

(4) order that the child shallmust be held in detention 

and state the reasons therefore, or, if appropriate, order that the 

child be released from detention and returned to his or her 

nonresidential commitment program;

(5) [No changes]

(6) If the 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:

(A) respite care for the child is not available; and

(B) it is necessary to place the child in secure 

detention in order to protect the victim from injury;

(67) designate the place where the child is to be 

detained or the person or agency that will be responsible for the 

detention and state any special conditions found to be necessary;
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(78) state the date and time when issued and the 

county and court where issued, together with the date and time the 

child was taken into custody;

(89) direct that the child be released no later than 5:00 

p.m. on the last day of the specified statutory detention period, 

unless a continuance has been granted to the state or the child for 

cause; and

(910) be signed by the court with the title of office.