Fl. R. Juv. P. 8.013

As amended through November 4, 2024
Rule 8.013 - DETENTION PETITION AND ORDER
(a)Time Limitation. No child taken into custody shall 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)Additional Requirements for Supervised Release Detention.
(1) All motions to extend detention as provided by law must be in writing and filed with the court.
(2) For a child who is placed on supervised release detention care prior to an adjudicatory hearing the court must conduct a hearing within 15 days after the 60th day. Upon written findings as provided by law, the court may order the child to continue on supervised release detention until the adjudicatory hearing is completed.
(c)Additional Requirements for Secure Detention.
(1) All motions to extend detention as provided by law must be in writing and filed with the court.
(2) A written motion to extend secure detention must be heard before the expiration of the current period to determine the need for continued secure detention care. If the child meets the criteria for continued secure detention as provided by law, the court may order the child to continue secure detention upon the required written findings. The court must order that the adjudicatory hearing commence as soon as reasonably possible.
(d)Petition. The detention petition shall:
(1) be in writing and be filed with the court;
(2) state the name and address of the child or, if unknown, designate the child by any name or description by which he or she can be identified with reasonable certainty;
(3) state the age and sex of the child or, if the age is unknown, that the child is believed to be of an age which will make him or her subject to the procedures covered by these rules;
(4) state the reasons why the child is in custody and needs to be detained;
(5) recommend the place where the child is to be detained or the agency to be responsible for the detention; and
(6) be signed by an authorized agent of the Department of Juvenile Justice or by the state attorney or assistant state attorney; and
(7) state the conditions, if any, being requested that are necessary to preserve public safety or to ensure the child's safety or appearance in court.
(e)Order. The detention order shall:
(1) be in writing;
(2) state the name and address of the child or, if unknown, designate the child by any name or description by which he or she can be identified with reasonable certainty;
(3) state the age and sex of the child or, if the age is unknown, that the child is believed to be of an age which will make him or her subject to the procedures covered by these rules;
(4) order that the child shall be held in detention and state the reasons therefor, or, if appropriate, order that the child be released from detention and returned to his or her nonresidential commitment program;
(5) make a finding that probable cause exists that the child is delinquent or that such a finding cannot be made at this time and that the case is continued for such a determination to a time certain within 72 hours from the time the child is taken into custody unless this time is extended by the court for good cause shown for not longer than an additional 24 hours;
(6) 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;
(7) 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;
(8) 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
(9) be signed by the court with the title of office.

Fl. R. Juv. P. 8.013

Amended effective 7/1/2023; amended by SC22-1674, effective 1/5/2023; amended by 915 So.2d 592, effective 11/17/2005; amended by 783 So.2d 138, effective 1/1/2001; amended by 684 So.2d 756, effective 1/1/1997; amended by 589 So.2d 818, effective 7/1/1991; amended by 393 So.2d 1077, effective 1/1/1981.