Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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General provisions for hearingsRule 8.100

Part II · Delinquency Proceedings — F. Hearings · Rules of Juvenile Procedure (October 1, 2026 ed.)

18 opinions cite Rule 8.100

  1. R.R. v. Portesy 629 So. 2d 1059 · 1D93-2869 · 1st DCA 1994

    This opinion cites Rule 8.100 4 times: (a), and the section generally

    · cited by 9 in all courts

    …is illegal because he was not afforded the opportunity to be physically present at the detention hearing. Specifically, he points out that Florida Rule of Juvenile Procedure 8.100 requires his presence at the detention hearing and argues that it means that he be physically present before the judge with his counsel. [2] He relies by way…

  2. Lewis v. Florida Parole Commission 112 So. 3d 534 · 1D12-2806 · 1st DCA 2013

    This opinion cites Rule 8.100 1 time: (a)

    …supreme court has, at times: deferred to the expertise of the legislature in implementing its rules of procedure. See, e.g., Amendment to Florida Rule of Juvenile Procedure 8.100(a), 667 So.2d 195, 195 (Fla.1996) (noting that the need for juvenile detention shall be made “according to the criteria provided *536 by law” and…

  3. In re Certification for Add'l Judges 755 So. 2d 79 · SC00-372 · Florida Supreme Court 2000

    This opinion cites Rule 8.100 1 time: (a)

    · cited by 6 in all courts

    …but it is no substitute for an allocation of resources that meets the needs of society's most precious resource—its children. Amendment to Florida Rule of Juvenile Procedure 8.100(a), 753 So.2d 541, 545 (Fla.1999) (footnotes omitted). It should be understood that the time study did not incorporate all judicial work that was…

  4. Kalway v. Singletary 708 So. 2d 267 · SC89724 · Florida Supreme Court 1998

    This opinion cites Rule 8.100 1 time: (a)

    · cited by 8 in all courts

    …the Court on occasion has deferred to the expertise of the legislature in implementing its rules of procedure. See, e.g., Amendment to Florida Rule of Juvenile Procedure 8.100(a), 667 So.2d 195, 195 (Fla.1996) (noting that the need for juvenile detention shall be made "according to the criteria provided by law" and explaining that…

  5. In re Amendments to the Florida Rules of Juvenile Procedure 26 So. 3d 552 · SC09-141 · Florida Supreme Court 2009

    Rule amendment This opinion cites Rule 8.100 18 times, the section generally

    · cited by 7 in all courts

    …were warranted in response to several of the NJDC's recommendations. In its report, the Committee proposes various amendments to rules 8.010, 8.070, 8.080, 8.100, and 8.115 in response to the NJDC's recommendations. Several other amendments addressing other matters are also proposed. The proposed amendments were…

  6. Amendment to Florida Rule of Juvenile Procedure 8.100(a) 753 So. 2d 541 · SC84 · Florida Supreme Court 1999

    Rule amendment This opinion cites Rule 8.100 5 times: (a), and the section generally

    · cited by 8 in all courts

    …amendment on an interim basis as explained below. The facts are set out fully in our initial opinion in this case. See Amendment to Florida Rule of Juvenile Procedure 8.100(a), 667 So.2d 195 (Fla.1996). Florida Rule of Juvenile Procedure 8.010 provides that no child may be placed in detention without a hearing where probable…

  7. In re Amendments to Fla. Rules of Juv. Pro. 649 So. 2d 1370 · SC83165 · Florida Supreme Court 1995

    Rule amendment This opinion cites Rule 8.100 4 times: (c), and the section generally

    · cited by 2 in all courts

    …(2) rule 8.095 (procedure when child believed to be incompetent or insane), to provide guidance in delinquency cases involving incompetency or insanity; (3) rule 8.100(c) (general provisions for hearings), to conform to section 960.001(1)(d)3, Florida Statutes (Supp. 1992); (4) rule 8.104 (testimony by closed-circuit…

  8. 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

    Rule amendment This opinion cites Rule 8.100 3 times, the section generally

    …or Appearance” to mean “[t]he presentation of oneself before the court in person or via communication technology.” And amendments to Florida Rules of Juvenile Procedure 8.100 (General Provisions for Hearings) and 8.255 (General Provisions for Hearings) provide for the remote and hybrid conduct of certain delinquency and…

  9. In re Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report 258 So. 3d 1254 · SC18-174 · Florida Supreme Court 2018

    Rule amendment This opinion cites Rule 8.100 2 times, the section generally

    …to specify the information that the child must include in the witness information provided to the petitioner. A number of amendments are made to rule 8.100 (General Provisions for Hearings) concerning the use of restraints on the child. The first sentence in subdivision (b) (Use of Restraints on the Child) is…

  10. Amendment to Florida Rule of Juvenile Procedure 8.100(a) 667 So. 2d 195 · SC84021 · Florida Supreme Court 1996

    Rule amendment This opinion cites Rule 8.100 2 times: (a), and the section generally

    · cited by 6 in all courts

    …(1995). 1 *196 Judges in the fifth, 2 ninth, thirteenth, seventeenth, and nineteenth circuits have petitioned this Court to amend Florida Rule of Juvenile Procedure 8.100(a) to allow juveniles to attend detention hearings via audiovideo device: RULE 8.100 GENERAL PROVISIONS FOR HEARINGS Unless otherwise provided, the following…

  11. In re Amendments to the Florida Rules of Civil Procedure 102 So. 3d 451 · SC11-399 · Florida Supreme Court 2012

    Rule amendment This opinion cites Rule 8.100 1 time, the section generally

    · cited by 12 in all courts

    … D.ARRAIGNMENTS AND PLEAS RULE 8.070.-RULE 8.080. [No Change] E.MOTIONS AND SERVICE OF PLEADINGS RULE 8.085.-RULE 8.095. [No Change] F.HEARINGS RULE 8.100.-RULE 8.120. [No Change] G.RELIEF FROM ORDERS AND JUDGMENTS RULE 8.130.-RULE 8.145. [No Change] H.CONTEMPT RULE 8.150. [No Change] I.GENERAL…

  12. In re Amendments to Rules of Jud. Admin. 915 So. 2d 157 · SC05-173 · Florida Supreme Court 2005

    Rule amendment This opinion cites Rule 8.100 1 time: (a)

    · cited by 4 in all courts

    …as inconsistent with the Court's prior rejection of the use of audiovisual equipment in delinquency detention hearings. See Amendment to Florida Rule of Juvenile Procedure 8.100(a), 796 So.2d 470 (Fla.2001). CONCLUSION Accordingly, we amend the Florida Rules of Judicial Administration as reflected in the appendix to this…

  13. Amendments to the Florida Rules of Juvenile Procedure 894 So. 2d 875 · SC04-97 · Florida Supreme Court 2005

    Rule amendment This opinion cites Rule 8.100 1 time: (a)

    · cited by 1 in all courts

    …troubled child if they must contend with staggering caseloads made worse by the maldistribution of judicial resources. See Amendment to Florida Rule of Juvenile Procedure 8.100(a), 753 So.2d 541, 545 (Fla.1999). We hesitate to take actions that could have a significant impact on the Florida judicial system’s ability to provide…

  14. Amendments to the Florida Rules of Judicial Administration 851 So. 2d 698 · SC08-105 · Florida Supreme Court 2003

    Rule amendment This opinion cites Rule 8.100 1 time: (a)

    · cited by 9 in all courts

    …this rule may be inconsistent with this Court’s prior rejection of the use of audiovisual equipment in detention hearings. See Amendment to Florida Rule of Juvenile Procedure 8.100(a), 796 So.2d 470 (Fla.2001). After hearing oral argument, we believe it would be preferable to adopt an amendment that more narrowly focuses on the…

  15. Amendments to Florida Rules of Juvenile Procedure 827 So. 2d 219 · SC02-117 · Florida Supreme Court 2002

    Rule amendment This opinion cites Rule 8.100 1 time: (a)

    · cited by 1 in all courts

    …troubled child if they must contend with staggering caseloads made worse by the maldistribution of judicial resources. See Amendment to Florida Rule of Juvenile Procedure 8.100(a), 753 So.2d 541, 545 (Fla.1999). We hesitate to take actions that could have a significant impact on the Florida judicial system’s ability to provide…

  16. Amendments to the Rules of Juvenile Procedure (8.330 & 8.525) 789 So. 2d 951 · SC00-1469 · Florida Supreme Court 2000

    Rule amendment Other This opinion cites Rule 8.100 1 time: (a)

    Supreme Court adopts juvenile rule amendments letting parties, such as out-of-state incarcerated parents, appear at dependency and termination adjudicatory hearings by audio or audiovisual device.

    …at adjudicatory hearings by audio or audiovisual devices in dependency and termination of parental rights proceedings. Compare Amendment to Florida Rule of Juvenile Procedure 8.100(a), 25 Fla.L. Weekly S516 (Fla. July 6, 2000) (rejecting proposed amendment which would allow juvenile detention hearings to be conducted through audiovisual…

  17. In re Proposed Amendment to Florida Rule of Judicial Administration 2.052(a) 770 So. 2d 152 · SC96265 · Florida Supreme Court 2000

    Rule amendment This opinion cites Rule 8.100 1 time: (a)

    · cited by 1 in all courts

    …Judges, 755 So.2d 79 (Fla.2000); In re Certification of Need for Additional Judges, 728 So.2d 730 (Fla.1999); Amendment to Florida Rule of Juvenile Procedure 8.100(a), 753 So.2d 541 (Fla.1999). This petition brings to the forefront the important question of whether termination of parental rights cases and other…

  18. In re Amendments to the Florida Rules of Juvenile Procedure 608 So. 2d 478 · SC79591 · Florida Supreme Court 1992

    Rule amendment This opinion cites Rule 8.100 1 time, the section generally

    · cited by 8 in all courts

    …was that this change does not protect the child’s rights but merely ensures that the case is not dismissed because of clerical error. OF. HEARINGS RULE 8.100. GENERAL PROVISIONS FOR HEARINGS Unless otherwise provided, the following provisions apply to all hearings: (a) Presence of the Child. The child shall be…

0 admin code rules cite Rule 8.100

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.

No admin code rule cites Rule 8.100.

0 CFOPs cite Rule 8.100

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Unless otherwise provided, the following provisions apply to all hearings:

(a) Presence of the Child. The child shall be present unless the court finds that the child’s mental or physical condition is such that a court appearance is not in the child’s best interests.

(b) Use of Restraints on the Child. Instruments of restraint, such as handcuffs, chains, irons, straitjackets, cloth and leather restraints, or other similar items, shall not be used on a child during a court proceeding except when ordered by the court prior to the child’s appearance in the courtroom in accordance with this rule. Instruments of restraint must be removed prior to the child’s appearance unless after an individualized assessment of the child the court finds that:

(1) The use of restraints is necessary due to one of the following factors:

(A) to prevent physical harm to the child or another person;

(B) the child’s history of disruptive courtroom behavior that has placed others in potentially harmful situations or that presents a substantial risk of inflicting physical harm or himself or herself or others as evidenced by recent behavior; or

(C) a founded belief that the child presents a substantial risk of flight from the courtroom; and

(2) There are no less restrictive alternatives to restraints that will prevent flight or physical harm to the child or another person, including, but not limited to, the presence of court personnel, law enforcement officers, or bailiffs.

(3) In making a determination that the use of instruments of restraint is necessary, pursuant to subdivision (b)(1), the court shall consider:

(A) any past escapes or attempted escapes by the child;

(B) evidence of a present plan of escape by the child;

(C) a credible threat by the child to harm himself or herself or another person during court;

(D) evidence of self-injurious behavior on part of the child; and

(E) any other factor that is relevant in determining whether the use of instruments of restraint are necessary pursuant to subdivision (b)(1).

(4) The court shall provide the child’s attorney an opportunity to be heard before the court orders the use of restraints. Counsel shall be appointed for this hearing if the child qualifies for such appointment and does not waive counsel in writing as required by rule 8.165.

(5) If restraints are ordered, the court shall make specific and individualized findings of fact in support of the order and the least restrictive restraints shall be used. Any restraints shall allow the child limited movement of his or her hands to read and handle documents and writings necessary to the hearing.

(6) Under no circumstances should a child be restrained using fixed restraints to a wall, floor, or furniture.

(c) Absence of the Child. If the child is present at the beginning of a hearing and during the progress of the hearing voluntarily absents himself or herself from the presence of the court without leave of the court, or is removed from the presence of the court because of disruptive conduct during the hearing, the hearing shall not be postponed or delayed, but shall proceed in all respects as if the child were present in court at all times.

(d) Invoking the Rule. Prior to the examination of any witness the court may, and on the request of any party in an adjudicatory hearing shall, exclude all other witnesses. The court may cause witnesses to be kept separate and to be prevented from communicating with each other until all are examined.

(e) Conducting Hearings. Except as otherwise provided in these rules, proceedings must be conducted as follows.

(1) Evidentiary proceedings must be conducted in person unless the parties agree that a proceeding should be conducted remotely or conducted in a hybrid format, or the court so orders upon good cause shown.

(2) All other proceedings may be conducted remotely or in a hybrid format upon agreement of the parties or by court order unless good cause is otherwise shown.

(3) The court may consider the following factors in determining whether good cause exists: the consent of the parties, the time-sensitivity of the matter, the nature of the relief sought, the resources of the parties, the anticipated duration of the testimony, the need and ability to review and identify documents during testimony, the probative value of the testimony, the geographic location of the witnesses, the cost and inconvenience in requiring the physical presence of the witnesses, the need for confrontation of the witnesses, the need to observe the demeanor of the witnesses, the potential for unfair surprise, and any other matter relevant to the request.

(4) A party who participates in a hearing conducted remotely or conducted in a hybrid format must be given the opportunity to privately and confidentially communicate with counsel during the proceedings.

(f) Taking Testimony.

(1) Testimony at a Hearing or Trial. When testifying at a hearing or trial, a witness must be physically present unless otherwise provided by law or these rules.

(2) Remote Testimony. Upon stipulation of the parties, or upon motion of a party for good cause shown, the court may permit a witness to testify at delinquency proceedings by contemporaneous audio-video communication technology that makes the witness visible during the testimony to all parties, the judge, and any other necessary persons. In determining good cause, the court must consider whether the child’s right to confrontation is preserved.

(3) Administration of the Oath. Before testimony may be presented through audio-video communication technology, the oath must be administered to the witness as provided in this subdivision.

(i) Person Administering the Oath is Physically Present with the Witness. An oath may be administered to a witness testifying through communication technology by a person who is physically present with the witness if the person is authorized to administer oaths in the witness’s jurisdiction and the oath is administered consistent with the laws of that jurisdiction.

(ii) Person Administering the Oath is not Physically Present with the Witness. An oath may be administered to a witness testifying through audio-video communication technology by a person who is not physically present with the witness if the person is authorized to administer oaths in the State of Florida and the oath is administered through audio-video communication technology in a manner consistent with the general laws of the State of Florida. If the witness is not located in the State of Florida, the witness must consent to be bound by an oath administered under the general laws of the State of Florida.

(g) Continuances. The court may grant a continuance before or during a hearing for good cause shown by any party.

(h) Record of Testimony. A record of the testimony in all hearings shall be made by an official court reporter, a court approved stenographer, or a recording device. The records shall be preserved for 5 years from the date of the hearing. Official records of testimony shall be provided only on request of a party or a party’s attorney or on a court order.

(i) Notice. When these rules do not require a specific notice, all parties will be given reasonable notice of any hearing.

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.