Notice to appearRule 8.045
7 opinions cite Rule 8.045
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M.L.B. v. State 604 So. 2d 1257 · DCA92-146 · District Court of Appeal 1992
…the child for not appearing in court. The state appears to reason that the juvenile arraignment citation is the same as a Notice to Appear issued pursuant to Rule 8.045, Florida Rules of Juvenile Procedure. This rule, which generally authorizes the issuance of a notice to appear as an alternative to taking a child into…
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State v. S.C.W. 718 So. 2d 320 · 2D98-00540 · 2nd DCA 1998
…a child has been released from state custody before a petition for delinquency is filed and without receiving a notice to appear pursuant to Florida Rule of Juvenile Procedure 8.045, we conclude that proper notice for purposes of section 985.207(1)(c), Florida Statutes (1997), is not accomplished by first class mail. Cf. A.M.W. v.…
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State v. S.C.W. 718 So. 2d 320 · 2D98-00540-2 · 2nd DCA 1998
· cited by 3 in all courts
…a child has been released from state custody before a petition for delinquency is filed and without receiving a notice to appear pursuant to Florida Rule of Juvenile Procedure 8.045, we conclude that proper notice for purposes of section 985.207(l)(c), Florida Statutes (1997), is not accomplished by first class mail. Cf. A.M.W. v.…
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In re Amendments to Florida Rules of Juvenile Procedure 939 So. 2d 74 · SC06-140 · Florida Supreme Court 2006
· cited by 3 in all courts
…V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.130(c)(4). BACKGROUND The Committee, in its regular-cycle report, proposes amendments to Florida Rules of Juvenile Procedure 8.045 (Notice to Appear); 8.090 (Speedy Trial); 8.135 (Correction of Disposition or Commitment Orders); 8.210 (Parties and Participants); 8.257 (General…
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In re Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report 258 So. 3d 1254 · SC18-174 · Florida Supreme Court 2018
… -6- Subdivision (b) is added to rule 8.005 (Ordering Children Into Custody) and a sentence is added to rule 8.045(g) (Failure to Appear) to prohibit the court from issuing a custody order based on a child’s failing to appear unless there is evidence that the child…
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In re Amendments to Florida Rules of Juvenile Procedure, Florida Family Law Rules of Procedure, and Florida Supreme Court Approved Family Law Forms SC22-1 · Florida Supreme Court 2022
…to the arraignment of a detained child. (b) [No Change] Committee Notes [No Change] RULE 8.045. NOTICE TO APPEAR - 13 - (a) Definition. A notice to appear, unless indicated otherwise, means a written order…
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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
…shall be dismissed with prejudice if it was not filed within the time provided by law. However, the court may grant an extension of time as provided by law. RULE 8.045. NOTICE TO APPEAR (a) Definition. A notice to appear, unless indicated otherwise, means a written order issued by a law enforcement officer or authorized…
No opinion cites this provision by number.
Cited as rule 8.045 under earlier numbering (1)
These opinions cite a rule numbered 8.045 before that number meant this rule: before the rules were renumbered on July 1, 1991, or before this rule was adopted (effective 1991-07-01). They are about a different rule.
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(a) Definition. A notice to appear, unless indicated otherwise, means a written order issued by a law enforcement officer or authorized agent of the department, in lieu of taking a child into custody or detaining a child, which requires a child accused of violating the law to appear in a designated court or governmental office at a specified date and time. The notice must indicate whether appearance via communication technology is permitted.
(b) By Arresting Officer. If a child is taken into custody for a violation of law and the officer elects to release the child as provided by law to a parent, responsible adult relative, or legal guardian, a notice to appear may be issued to the child by the officer unless:
(1) the child fails or refuses to sufficiently identify himself or herself or supply the required information;
(2) the child refuses to sign the notice to appear;
(3) the officer has reason to believe that the continued liberty of the child constitutes an unreasonable risk of bodily injury to the child or others;
(4) the child has no ties with the jurisdiction reasonably sufficient to ensure an appearance or there is substantial risk that the child will refuse to respond to the notice;
(5) the officer has any suspicion that the child may be wanted in any jurisdiction; or
(6) it appears that the child has previously failed to respond to a notice or a summons or has violated the conditions of any pretrial release program.
(c) By Departmental Agent. If a child is taken into custody by an authorized agent of the department as provided by law, or if an authorized agent of the department takes custody of a child from a law enforcement officer and the child is not detained, the agent shall issue a notice to appear to the child upon the child’s release to a parent, responsible adult relative, or legal guardian.
(d) How and When Served. If a notice to appear is issued, 6 copies shall be prepared. One copy of the notice shall be delivered to the child and 1 copy shall be delivered to the person to whom the child is released. In order to secure the child’s release, the child and the person to whom the child is released shall give their written promise that the child will appear as directed in the notice by signing the remaining copies. One copy is to be retained by the issuer and 3 copies are to be filed with the clerk of the court.
(e) Distribution of Copies. The clerk shall deliver 1 copy of the notice to appear to the state attorney and 1 copy to the department and shall retain 1 copy in the court’s file.
(f) Contents. A notice to appear shall contain the following information:
(1) the name and address of the child and the person to whom the child was released;
(2) the date of the offense(s);
(3) the offense(s) charged by statute and municipal ordinance, if applicable;
(4) the counts of each offense;
(5) the time and place where the child is to appear;
(6) the name and address of the trial court having jurisdiction to try the offense(s) charged;
(7) the name of the arresting officer or authorized agent of the department; and
(8) the signatures of the child and the person to whom the child was released.
(g) Failure to Appear. When a child signs a written notice to appear and fails to respond to the notice, an order to take into custody shall be issued. The court shall not issue an order to take into custody for a child in the care or custody of the state unless the court has information that the child willfully failed to appear.
(h) Form of Notice. The notice to appear shall be substantially as found in form 8.930.
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. 2019-01-01 Amended · 258 So.3d 1254
- Eff. 2007-01-01 Amended · 939 So.2d 74
- Eff. 1993-01-01 Amended · 608 So.2d 478
- Eff. 1991-07-01 Added · 589 So.2d 818
Committee notes (2)
1991 Adoption. This rule allows juveniles to be released with definite notice as to when they must return to court. This should help decrease the number of juveniles held in detention centers awaiting a court date. It also should provide a mechanism to divert juveniles to programs more efficiently. The change also should decrease the number of summons issued by the clerk.
1992 Amendment. A summons is not sworn but the arrest affidavit that is filed with the notice to appear is sworn. The notice to appear, which is more like a summons, does not need to be sworn.