Dependency Law Finder

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

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Correction of disposition or commitment ordersRule 8.135

Part II · Delinquency Proceedings — G. Relief from Orders and Judgments · Rules of Juvenile Procedure (October 1, 2026 ed.)

15 opinions cite Rule 8.135

  1. R.S.M. v. State 910 So. 2d 361 · 2D04-3867 · 2nd DCA 2005

    This opinion cites Rule 8.135 3 times: (b)(2)

    · cited by 8 in all courts

    …Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellee. WALLACE, Judge. In a motion filed pursuant to Florida Rule of Juvenile Procedure 8.135(b)(2), R.S.M. preserved two claims of error directed to the order requiring him to pay restitution. R.S.M. is entitled to relief on both claims. The trial court…

  2. V.B. v. State 944 So. 2d 1185 · 1D06-1905 · 1st DCA 2006

    This opinion cites Rule 8.135 2 times: (b), and the section generally

    …by Part I of the juvenile procedure rules—and does not authorize the state to seek the relief it sought and obtained here. Florida Rule of Juvenile Procedure 8.135 ("Correction of Disposition or Commitment Orders"), the rule that does apply in delinquency proceedings, contains a specific limitation that the order under…

  3. V.B. v. State 944 So. 2d 1185 · 1D06-1905-2 · 1st DCA 2006

    This opinion cites Rule 8.135 2 times: (b), and the section generally

    · cited by 6 in all courts

    …— governed by Part I of the juvenile procedure rules — and does not authorize the state to seek the relief it sought and obtained here. Florida Rule of Juvenile Procedure 8.135 (“Correction of Disposition or Commitment Orders”), the rule that does apply in delinquency proceedings, contains a specific limitation that the order under…

  4. T.L.S. v. State 949 So. 2d 290 · 5D06-55 · 5th DCA 2007

    This opinion cites Rule 8.135 1 time, the section generally

    …review. [1] At the outset, we observe that T.L.S. preserved the issue for review by filing a Motion to Correct Sentencing Error pursuant to Florida Rule of Juvenile Procedure 8.135 with the trial court. The court considered the motion without a hearing and denied it. Because we resolve a purely legal issue, our standard of review is de…

  5. T.L.S. v. State 949 So. 2d 290 · 5D06-55-2 · 5th DCA 2007

    This opinion cites Rule 8.135 1 time, the section generally

    · cited by 20 in all courts

    …review. 1 At the outset, we observe that T.L.S. preserved the issue for review by filing a Motion to Correct Sentencing Error pursuant to Florida Rule of Juvenile Procedure 8.135 with the trial court. The court considered the motion without a hearing and denied it. Because we resolve a purely legal issue, our standard of review is de…

  6. J.I.S. v. State 930 So. 2d 587 · SC05-1097 · Florida Supreme Court 2006

    This opinion cites Rule 8.135 1 time: (b)(2)

    …form is silent as to predisposition credit. J.I.S. appealed. His appellate counsel filed a motion to correct disposition error under Florida Rule of Juvenile Procedure 8.135(b)(2). The motion requested credit for the 107 days served in secure detention before disposition. Following a hearing, the trial court granted the motion "in…

  7. J.I.S. v. State 930 So. 2d 587 · SC05-1097-2 · Florida Supreme Court 2006

    This opinion cites Rule 8.135 1 time: (b)(2)

    · cited by 10 in all courts

    …form is silent as to predisposition credit. J.I.S. appealed. His appellate counsel filed a motion to correct disposition error under Florida Rule of Juvenile Procedure 8.135(b)(2). The motion requested credit for the 107 days served in secure detention before disposition. Following a hearing, the trial court granted the motion “in…

  8. T.G. v. State 717 So. 2d 128 · 4D97-3772 · 4th DCA 1998

    This opinion cites Rule 8.135 1 time, the section generally

    …the Rules of Juvenile Procedure. Rule 8.130(b)(1) provides for a motion for rehearing to be filed within 10 days of the entry of the order being challenged; Rule 8.135 allows for the correction of clerical mistakes in judgments, orders, or other parts of the record "at any time." No provision of the Juvenile Rules mirrors…

  9. T.G. v. State 717 So. 2d 128 · DCA97-3772 · District Court of Appeal 1998

    This opinion cites Rule 8.135 1 time, the section generally

    · cited by 5 in all courts

    …the Rules of Juvenile Procedure. Rule 8.130(b)(1) provides for a motion for rehearing to be filed within 10 days of the entry of the order being challenged; Rule 8.135 allows for the correction of clerical mistakes in judgments, orders, or other parts of the record “at any time.” No provision of the Juvenile Rules mirrors…

  10. Amendments to Florida Rules of Juvenile Procedure 8.135 & 8.510 816 So. 2d 536 · SC01-1937 · Florida Supreme Court 2002

    Rule amendment This opinion cites Rule 8.135 8 times: (c), and the section generally

    · cited by 3 in all courts

    …1 We have jurisdiction. See art. V, § 2(a), Fla. Const. The proposed amendments were published and no comments were received. The amendment to rule 8.135, “Correction of Disposition or Commitment Orders,” 2 is necessitated by the Legislature’s adoption of the Criminal Appeal Reform Act of 1996, chapter…

  11. In re Amendments to Florida Rules of Juvenile Procedure 939 So. 2d 74 · SC06-140 · Florida Supreme Court 2006

    Rule amendment This opinion cites Rule 8.135 2 times, the section generally

    · cited by 3 in all courts

    …DISCUSSION The great majority of the amendments proposed by the Committee received no comment. We adopt without change the proposed amendments to rules 8.045, 8.135, 8.210, 8.257, 8.350, 8.515, and 8.535 and forms 8.911, 8.930, 8.964, 8.966, 8.980, 8.981, 8.983. [1] We also adopt without change the proposed new form…

  12. In re Amendments to the Florida Rules of Appellate Procedure SC22-1784 · Florida Supreme Court 2023

    Rule amendment This opinion cites Rule 8.135 1 time: (b)(2)

    …order error, the court may strike the brief and allow for a motion pursuant tounder Florida Rule of Criminal Procedure 3.800(b)(2) or Florida Rule of Juvenile Procedure 8.135(b)(2) to be filed. The court’s order may contain deadlines for the cause to be resolved within a reasonable time. (h) Post-Trial Release. (1) …

  13. In re Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report SC20-216 · Florida Supreme Court 2021

    Rule amendment This opinion cites Rule 8.135 1 time: (b)

    …to Florida Rule of Criminal Procedure 3.170(l); or (J) to correct a disposition or commitment order pursuant to Florida Rule of Juvenile Procedure 8.135(b); (K) to claim ineffective assistance of counsel following an order terminating parental rights pursuant to Florida Rule of Juvenile…

  14. In re Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report SC20-216-2 · Florida Supreme Court 2020

    Rule amendment This opinion cites Rule 8.135 1 time: (b)

    …to Florida Rule of Criminal Procedure 3.170(l); or (J) to correct a disposition or commitment order pursuant to Florida Rule of Juvenile Procedure 8.135(b); (K) to claim ineffective assistance of counsel following an order terminating parental rights pursuant to Florida Rule of Juvenile…

  15. In re Amendments to the Florida Rules of Juvenile Procedure 123 So. 3d 1128 · SC13-1354 · Florida Supreme Court 2013

    Rule amendment This opinion cites Rule 8.135 1 time, the section generally

    · cited by 1 in all courts

    …the juvenile court to the Department of Children and Family Servicesies for immediate placement in a residential psychiatric facility. (B)-(G) [No Change] RULE 8.135. CORRECTION OF DISPOSITION OR COMMITMENT ORDERS (a) [No Change] (b) Motion to Correct Disposition or Commitment Error. A motion to correct any disposition…

0 admin code rules cite Rule 8.135

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

No admin code rule cites Rule 8.135.

0 CFOPs cite Rule 8.135

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No CFOP cites Rule 8.135.

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(a) Correction. A court at any time may correct an illegal disposition or commitment order imposed by it. However, a party may not file a motion to correct under this subdivision during the time allowed for the filing of a motion under subdivision (b)(1) or during the pendency of a direct appeal.

(b) Motion to Correct Disposition or Commitment Error. A motion to correct any disposition or commitment order error, including an illegal disposition or commitment, may be filed as allowed by this subdivision. The motion must identify the error with specificity and provide a proposed correction. A response to the motion may be filed within 15 days either admitting or contesting the alleged error. Motions may be filed by the state under this subdivision only if the correction of the error would benefit the child or to correct a scrivener’s error.

(1) Motion Before Appeal. During the time allowed for the filing of a notice of appeal, a child, the state, or the department may file a motion to correct a disposition or commitment order error.

(A) This motion stays rendition under Florida Rule of Appellate Procedure 9.020(i).

(B) Unless the trial court determines that the motion can be resolved as a matter of law without a hearing, it shall hold an initial hearing no later than 10 days from the filing of the motion, with notice to all parties, for the express purpose of either ruling on the motion or determining the need for an evidentiary hearing. If an evidentiary hearing is needed, it shall be set no more than 10 days from the date of the initial hearing. Within 30 days from the filing of the motion, the trial court shall file an order ruling on the motion. If no order is filed within 30 days, the motion shall be deemed denied.

(2) Motion Pending Appeal. If an appeal is pending, a child or the state may file in the trial court a motion to correct a disposition or commitment order error. The motion may be filed by appellate counsel and must be served before the party’s first brief is served. A notice of pending motion to correct disposition or commitment error shall be filed in the appellate court, which notice shall automatically extend the time for the filing of the brief, until 10 days after the clerk of the circuit court transmits the supplemental record under Florida Rule of Appellate Procedure 9.140(f)(6).

(A) The motion shall be served on the trial court and on all trial and appellate counsel of record. Unless the motion expressly states that appellate counsel will represent the movant in the trial court, trial counsel will represent the movant on the motion under Florida Rule of Appellate Procedure 9.140(d). If the state is the movant, trial counsel will represent the child unless appellate counsel for the child notifies trial counsel and the trial court that appellate counsel will represent the child on the state’s motion.

(B) The trial court shall resolve this motion in accordance with subdivision (b)(1)(B) of this rule.

(C) Under Florida Rule of Appellate Procedure 9.140(f)(6), the clerk of the circuit court shall supplement the appellate record with the motion, the order, any amended disposition, and, if designated, a transcript of any additional portion of the proceedings.

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.