Petitions for delinquencyRule 8.035
9 opinions cite Rule 8.035
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State v. S.P. 24 So. 3d 756 · 4D08-4731 · 4th DCA 2009
· cited by 1 in all courts
…for further proceedings. DAMOORGIAN and CIKLIN, JJ., concur. NOTES [1] Florida Rule of Juvenile Procedure 8.110 was renumbered as Florida Rule of Juvenile Procedure 8.035 effective July 1, 1991. See In re Petition of the Fla. Bar to Amend Fla. Rules of Juvenile Procedure, 589 So.2d 818 (Fla.1991).
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E.A.R. v. State 4 So. 3d 614 · SC08-506 · Florida Supreme Court 2009
· cited by 1 in all courts
…supplied)). [14] A delinquency petition is the juvenile equivalent of a criminal information. See § 985.318, Fla. Stat. (2007); Fla. R. Juv. P. 8.030, 8.035. [15] See § 812.014(1), (2)(c)1., Fla. Stat. (2006). [16] There is no definitive evidence in the record that "the Cripps" is, or was alleged to be,…
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E.A.R. v. State 4 So. 3d 614 · SC08-506-2 · Florida Supreme Court 2009
· cited by 136 in all courts
…supplied)). . A delinquency petition is the juvenile equivalent of a criminal information. See § 985.318, Fla. Stat. (2007); Fla. R. Juv. P. 8.030, 8.035. . See § 812.014(1), (2)(c)l., Fla. Stat. (2006). .There is no definitive evidence in the record that "the Cripps” is, or was alleged to be,…
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In the Interest of F.P. v. State 615 So. 2d 279 · DCA92-396 · District Court of Appeal 1993
PER CURIAM. Affirmed. Fla.R.Juv.P. 8.035(d).
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In re Amendments to the Florida Rules of Juvenile Procedure 115 So. 3d 286 · SC12-188 · Florida Supreme Court 2013
· cited by 2 in all courts
…Florida Rule of Judicial Administration 2.140(b). We have jurisdiction. See art. V, § 2(a), Fla. Const. BACKGROUND The Committee proposes amendments to rules 8.035 (Petitions for Delinquency), 8.070 (Arraignments), 8.075 (Pleas), 8.080 (Acceptance of Guilty or Nolo Contendere Plea), 8.115 (Disposition Hearing), 8.201…
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Amendments to Florida Rules of Juvenile Procedure 827 So. 2d 219 · SC02-117 · Florida Supreme Court 2002
· cited by 1 in all courts
…a petition by a person authorized by law to do so. A uniform traffic complaint may be considered a petition, but shall not be subject to the requirements of rule 8.035. (b) Allegations as to Parents or Legal Guardians. In any delinquency proceeding in which the state is seeking payment of restitution or the performance of…
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Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000
· cited by 8 in all courts
…a petition by a person authorized by law to do so. A uniform traffic complaint may be considered a petition, but shall not be subject to the requirements of rule 8.035. (b) Allegations as to Parents or Legal Guardians. In any delinquency proceeding in which the state is seeking payment of restitution by the child’s parents…
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Amendments to the Florida Rules of Juvenile Procedure 684 So. 2d 756 · SC87656 · Florida Supreme Court 1996
· cited by 1 in all courts
…county and court where issued, together with the date and time the child was taken into custody; and (8) be signed by the court with the title of office. RULE 8.035. PETITIONS FOR DELINQUENCY (a) Contents of Petition. (1) Each petition shall be entitled a petition for delinquency and shall allege facts showing the…
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In re Amendments to the Florida Rules of Juvenile Procedure 608 So. 2d 478 · SC79591 · Florida Supreme Court 1992
· cited by 8 in all courts
…need to reference the Florida Rules of Civil Procedure. PART I. DELINQUENCY PROCEEDINGS BA. PRELIMINARY PROCEEDINGS GB. PLEADINGS, PROCESS, AND ORDERS RULE 8.035. PETITIONS FOR DELINQUENCY (a) Contents of Petition. (1) Each petition shall be entitled a petition for delinquency and shall allege facts showing the…
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(a) Contents of Petition.
(1) Each petition shall be entitled a petition for delinquency and shall allege facts showing the child to have committed a delinquent act. The petition must be a plain, concise, and definite written statement of the essential facts constituting the offense charged.
(2) The petition shall contain allegations as to the identity and residence of the parents or custodians, if known.
(3) In petitions alleging delinquency, each count shall recite the official or customary citations of the statute, ordinance, rule, regulation, or other provision of the law which the child is alleged to have violated, including the degree of each offense.
(4) Two or more allegations of the commission of delinquent acts may appear in the same petition, in separate counts.
(5) Two or more children may be the subject of the same petition if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. The children may be named in one or more counts together or separately and all of them need not be named in each count.
(6) Allegations made in one count shall not be incorporated by reference in another count.
(b) Verification. The petition shall be signed by the state attorney or assistant state attorney, stating under oath the petitioner’s good faith in filing the petition. No objection to a petition on the grounds that it was not signed or verified, as herein provided, shall be entertained after a plea to the merits.
(c) Child’s Right to Copy of Petition. Upon application to the clerk, a child must be furnished a copy of the petition and the endorsements on it at least 24 hours before being required to plead to the petition.
(d) Amendments. At any time prior to the adjudicatory hearing an amended petition may be filed or the petition may be amended on motion. Amendments shall be freely permitted in the interest of justice and the welfare of the child. A continuance may be granted upon motion and a showing that the amendment prejudices or materially affects any party.
(e) Statement of Particulars. The court, on motion, must order the prosecuting attorney to furnish a statement of particulars when the petition on which the child is to be tried fails to inform the child of the particulars of the offense sufficiently to enable the child to prepare a defense. The statement of particulars must specify as definitely as possible the place, date, and all other material facts of the crime charged that are specifically requested and are known to the prosecuting attorney. Reasonable doubts concerning the construction of this rule shall be resolved in favor of the child.
(f) Defects and Variances. No petition or any count thereof shall be dismissed, or any judgment vacated, on account of any defect in the form of the petition or of misjoinder of offenses or for any cause whatsoever.
Amendments since the 1991 renumbering
From the Florida Bar edition's table of amending opinions. Where it lists a range of rules ("8.400–8.410"), each rule in the range today is listed.
- Eff. 2013-07-01 Amended · 115 So.3d 286
- Eff. 1997-01-01 Amended · 684 So.2d 756
- Eff. 1991-07-01 Amended · 589 So.2d 818