Supreme Court of Florida

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No. SC21-585

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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 
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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 struckthrough type. The amendments shall become effective on January 

1, 2022, at 12:01 a.m.

It is so ordered.
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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
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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 waive my right to a lawyer and 

elect to proceed in this case without benefit of a lawyer.

I GIVE UP MY RIGHT TO HAVE A LAWYER

1. I understand that a lawyer is a professional person who is 

trained in the law and whose job it is to help people who have legal 

problems.

2. I understand that if I have a lawyer, that person will do 

several things to help me, such as:

a. Explaining the charges which have been filed against me in 

the petition for delinquency.

b. Giving me advice on my rights and responsibilities in this 

case.

c. Advising me as to what legal defenses may be available to 

me.

d. Advising me as to whether or not I should challenge the 

charges.
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e. Helping me prepare my case for hearing if I decide to 

challenge the charges.

f. Helping me get the proper witnesses to court.

g. Giving me advice and direction on what I should do 

regarding my case.

3. I understand that I have a right to be represented by a 

lawyer at any time and that if I cannot pay to hire a lawyer, the 

judge will give one to me. In signing this paper, I understand that I 

choose not to have a lawyer represent me at this time.

4. I understand that I keep the right to have a lawyer. I can 

ask the judge at any time to give me a lawyer even if I have not 

asked for one before.

5. A lawyer has explained to me my right to be represented in 

this case, the results of not having a lawyer and other factors that 

would help me to decide whether or not to have a lawyer in this 

matter. I have had time to ask questions and have my questions 

answered to my satisfaction, including questions about immigration 

and other consequences. 

6. I understand all of the above statements regarding my 

rights to a lawyer but, I give up my right to be represented by a 

lawyer at this time.

Date: ....................

Child Age

This waiver of counsel was signed in the presence of the 

undersigned witnesses who, by their signature, attest to its 

voluntary execution by this child.

Witness:

Witness:
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STATEMENT OF PARENT OR RESPONSIBLE ADULT

This waiver of counsel was read by me and explained fully to 

this child in my presence. I understand the right of this child to an 

attorney and as the .......... of this child I consent to a waiver of this 

right.

Date:..........

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ORDER ASSESSING ATTORNEY’S FEE

The child herein, having been represented by the Public 

Defender in this cause pursuant to section 27.52, Florida Statutes, 

it is

ORDERED AND ADJUDGED that a reasonable attorney’s fee 

for services rendered by the Public Defender to the child in this 

cause is $.......... and that said fee is hereby assessed against 

...................., the father, and ...................., the mother, in favor of 

the State of Florida.

DONE AND ORDERED at ...................., Florida, on 

.....(date)......

Circuit Judge

STATEMENT OF ATTORNEY ASSIGNED TO DISCUSS THE WAIVER 

WITH THE CHILD

I have read this waiver to the child. I have explained the 

waiver fully to the child and believe that the child has waived 

counsel knowingly, intelligently, and voluntarily. 

Date:..........

Attorney