Dependency Law Finder

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

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Adjudicatory hearingsRule 8.110

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

12 opinions cite Rule 8.110

  1. M.F. v. State 583 So. 2d 1383 · SC76371 · Florida Supreme Court 1991

    This opinion cites Rule 8.110 12 times: (c), (d), (e), and the section generally

    · cited by 14 in all courts

    …M.F.'s objection, the court allowed the amendment but granted M.F. a thirty-day continuance. M.F. subsequently moved to dismiss pursuant to Florida Rule of Juvenile Procedure 8.110(e), alleging that the state failed to satisfy the forty-five-day filing period required by section 39.05(6) of the Florida Statutes (1987). M.F. argued that the…

  2. In the Interest of B.T. v. State 594 So. 2d 299 · SC77353 · Florida Supreme Court 1992

    This opinion cites Rule 8.110 5 times, the section generally

    …Florida Statutes (1989). 1 The district court certified the following question as one of great public importance: UNDER THE CIRCUMSTANCES OF THIS CASE DOES RULE 8.110, F.R.J.P., PERMIT AMENDMENT OF AN ORIGINAL TIMELY PETITION FOR DELINQUENCY MORE THAN 45 DAYS AFTER ARREST TO CORRECT THE SPECIFIED SUBSECTION OF A SEXUAL…

  3. State v. S.P. 24 So. 3d 756 · 4D08-4731 · 4th DCA 2009

    This opinion cites Rule 8.110 3 times: (c), (d), and the section generally

    · cited by 1 in all courts

    …filed, the state may correct defects or variances by amending the petition prior to the adjudicatory hearing." Id. at 1385 (citing Florida Rule of Juvenile Procedure 8.110(c) and (d)). [1] It further held: [D]ue process of law requires the state to allege every essential element when charging a violation of law, either in adult…

  4. E.A.R. v. State 4 So. 3d 614 · SC08-506 · Florida Supreme Court 2009

    This opinion cites Rule 8.110 2 times: (c), and the section generally

    · cited by 1 in all courts

    … Delinquency "adjudication" represents the juvenile equivalent of the guilt phase of a criminal trial. See §§ 985.03(2), 985.35, Fla. Stat. (2007); Fla. R. Juv. P. 8.110. However, as mentioned above, the underlying aim or purpose of the juvenile justice system differs from the adult criminal justice system. Further, there is…

  5. E.A.R. v. State 4 So. 3d 614 · SC08-506-2 · Florida Supreme Court 2009

    This opinion cites Rule 8.110 2 times: (c), and the section generally

    · cited by 136 in all courts

    … . Delinquency "adjudication” represents the juvenile equivalent of the guilt phase of a criminal trial. See §§ 985.03(2), 985.35, Fla. Stat. (2007); Fla. R. Juv. P. 8.110. However, as mentioned above, the underlying aim or purpose of the juvenile justice system differs from the adult criminal justice system. Further, there is…

  6. A.W. v. State 928 So. 2d 1243 · 4D05-3110 · 4th DCA 2006

    This opinion cites Rule 8.110 2 times, the section generally

    · cited by 1 in all courts

    …matter, A.W. asks this court to consider his motion for judgment of acquittal to be a motion for dismissal, which is provided for by Florida Rule of Juvenile Procedure 8.110. See generally R.M. v. State, 763 So.2d 1060 (Fla. 4th DCA 1999) (holding that a dismissal pursuant to rule 8.110 is equivalent to a motion for judgment…

  7. R.W. v. Soud 639 So. 2d 25 · SC83137 · Florida Supreme Court 1994

    This opinion cites Rule 8.110 2 times: (g)

    · cited by 12 in all courts

    …a risk assessment instrument was ever completed in the first place, much less evidence of any rescoring by the judge. The State argues that Florida Rule of Juvenile Procedure 8.110(g) authorizes the procedure employed in this case. While we agree that the rule contemplates detention pending disposition, [2] the rule does not eliminate the…

  8. A.M. v. D.S. 1D19-1855 · 1st DCA 2021

    Reversed & remanded This opinion cites Rule 8.110 1 time, the section generally

    Termination and permanent guardianship reversed because a Chapter 63 adoption-related case was decided under Chapter 39 without notice, violating the father's due process.

    … 20 Trial; Waiver”), Fla. Fam. L. R. P. 12.431 (“Jury Trial”), and Fla. Fam. L. R. P. 12.440 (“Setting Action for Trial”), with Fla. R. Juv. P. 8.110 (providing for “adjudicatory hearing” for juvenile delinquency proceedings), § 39.809, Fla. Stat. (requiring that the trial court “consider the elements…

  9. T.A. v. Wimberly 660 So. 2d 1130 · DCA94-1361 · District Court of Appeal 1995

    This opinion cites Rule 8.110 1 time: (g)

    …and STEVENSON, JJ., concur. . See § 39.052(3)(a), Fla.Stat. (Supp.1994) (court shall hold disposition hearing at which it shall consider PDR); and Fla.R.Juv.P. 8.110(g) (PDR shall be prepared before disposition may be made and court shall continue disposition hearing until PDR at hand).

  10. In re Amendments to Florida Rules of Juvenile Procedure SC2025-0237 · Florida Supreme Court 2025

    Rule amendment This opinion cites Rule 8.110 2 times, the section generally

    …language expressly limiting the provision to where the right to bail exists, thus aligning with Florida Rule of Criminal Procedure 3.121(a)(7). Rule 8.110, as amended, clarifies that if a child offers no testimony other than his or her own, the child is entitled to both the first and last closing arguments. …

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

    Rule amendment This opinion cites Rule 8.110 2 times, the section generally

    · cited by 1 in all courts

    …approval, and the Board approved the changes unanimously. The Committee has proposed amendments to Florida Rules of Juvenile Procedure 8.030, 8.031, 8.085, 8.110, 8.185, 8.201, 8.210, 8.225, 8.245, 8.255, 8.265, 8.275, 8.345, 8.525, and 8.635, and Florida Rules of Juvenile Procedure Forms 8.959, 8.960, 8.967, and…

  12. 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 8.110 1 time, the section generally

    … (6) Under no circumstances should a child be restrained using fixed restraints to a wall, floor, or furniture. (c) – (g) [No Change] RULE 8.110. ADJUDICATORY HEARINGS (a) Appearances; Pleas. The child shall appear before the court at the times set and, unless a written plea has been…

Cited as rule 8.110 under earlier numbering (46)

These opinions cite a rule numbered 8.110 before that number meant this rule: before the rules were renumbered on July 1, 1991. They are about a different rule.

0 admin code rules cite Rule 8.110

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

No admin code rule cites Rule 8.110.

0 CFOPs cite Rule 8.110

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

No CFOP cites Rule 8.110.

Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.

(a) Appearances; Pleas. The child must appear before the court at the times set and, unless a written plea has been filed, enter a plea of guilty, not guilty, or, with the consent of the court, nolo contendere.

(b) Preparation of Case. If the child pleads not guilty the court may proceed at once to an adjudicatory hearing, or may continue the case to allow sufficient time on the court calendar for a hearing or to give the state or the child a reasonable time for the preparation of the case.

(c) Trial by Court. The adjudicatory hearing must be conducted by the judge without a jury. At this hearing, the court determines whether the allegations of the petition have been sustained.

(d) Joint and Separate Trials. When 2 or more children are alleged to have committed a delinquent act or violation of law, they must be tried jointly unless the court in its discretion orders separate trials.

(e) Testimony. The child may choose to be sworn as a witness and testify in his or her own behalf. The child may be cross- examined as other witnesses. No child can be compelled to give testimony against himself or herself, nor any prosecuting attorney be permitted to comment on the failure of the child to testify in his or her own behalf. A child offering no testimony on his or her own behalf except his or her own is entitled to an initial closing argument and a rebuttal closing argument following the closing argument of the State.

(f) Motion for Judgment of Dismissal. If, at the close of the evidence for the petitioner or at the close of all the evidence in the cause, the court is of the opinion that the evidence is insufficient to establish a prima facie case of guilt against the child, it may, or on the motion of the state attorney or the child must, enter an order dismissing the petition for insufficiency of the evidence. A motion for judgment of dismissal is not waived by subsequent introduction of evidence on behalf of the child. The motion must fully set forth the grounds on which it is based.

(g) Dismissal. If the court finds that the allegations in the petition are not proven beyond a reasonable doubt, it must enter an order dismissing the case.

(h) Degree of Offense. If in a petition there is alleged an offense which is divided into degrees, the court may find the child committed an offense of the degree alleged or of any lesser degree supported by the evidence.

(i) Specifying Offense Committed. If in a petition more than one offense is alleged the court must state in its order which offense or offenses it finds the child committed.

(j) Lesser Included Offenses. On a petition on which the child is to be tried for any offense, the court may find the child committed:

(1) an attempt to commit the offense, if such attempt is an offense and is supported by the evidence; or

(2) any offense that as a matter of law is a necessarily included offense or a lesser included offense of the offense charged in the petition and is supported by the evidence.

(k) Dispositional Alternatives. If the court finds that the evidence proved the allegations of the petition beyond a reasonable doubt, it may enter an order of adjudication or withhold adjudication as provided by law. If the pre-disposition report required by law is available, the court may proceed immediately to disposition or continue the case for a disposition hearing. If the report is not available, the court will continue the case for a disposition hearing and refer it to the appropriate agency or agencies for a study and recommendation. If the case is continued the court may order the child detained.

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.