Dependency Law Finder

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

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Providing counsel to partiesRule 8.165

Part II · Delinquency Proceedings — I. General Provisions · Rules of Juvenile Procedure (October 1, 2026 ed.)

13 opinions cite Rule 8.165

  1. State v. T.G. 800 So. 2d 204 · SC96081 · Florida Supreme Court 2001

    This opinion cites Rule 8.165 19 times, the section generally

    · cited by 59 in all courts

    …and intelligently made. Accordingly, the court reversed the adjudication of delinquency and disposition due to the court's noncompliance with Florida Rule of Juvenile Procedure 8.165. On motion for rehearing, the State contended that the appellate court lacked jurisdiction to consider the appeal because T.G. never moved the trial court to…

  2. A.G. v. State 737 So. 2d 1244 · 5D98-2393 · 5th DCA 1999

    This opinion cites Rule 8.165 3 times, the section generally

    · cited by 1 in all courts

    …this case. The court did not advise A.G. of his right to counsel or inquire if A.G. comprehended the nature of the rights he would be waiving as required by Rule 8.165. Instead the judge asked: Okay. [A.G.], the Department of Juvenile Justice has recommended a Level 6 commitment program for you. Would you like to have a…

  3. A.G. v. State 737 So. 2d 1244 · DCA98-2393 · District Court of Appeal 1999

    This opinion cites Rule 8.165 3 times, the section generally

    · cited by 61 in all courts

    …this case. The court did not advise A.G. of his right to counsel or inquire if A.G. comprehended the nature of the rights he would be waiving as required by Rule 8.165. Instead the judge asked: Okay. [A.G.], the Department of Juvenile Justice has recommended a Level 6 commitment program for you. Would you like to have a…

  4. T.G. v. State 741 So. 2d 517 · 5D98-1406 · 5th DCA 1999

    This opinion cites Rule 8.165 3 times: (a), (b)(2), and the section generally

    …of his right to counsel, and if he chooses to waive counsel, the court must query the defendant to determine if the waiver was freely and intelligently made. Rule 8.165(b)(2), Fla. R. Juv. P. Only after a thorough inquiry has been made as required by the rule, may a plea be taken. J.O. v. State, 717 So.2d 185 (Fla. 5th DCA…

  5. T.G. v. State 741 So. 2d 517 · DCA98-1406 · District Court of Appeal 1999

    This opinion cites Rule 8.165 3 times: (a), (b)(2), and the section generally

    · cited by 16 in all courts

    …of his right to counsel, and if he chooses to waive counsel, the court must query the defendant to determine if the waiver was freely and intelligently made. Rule 8.165(b)(2), Fla. R. Juv. P. Only after a thorough inquiry has been made as required by the rule, may a plea be taken. J.O. v. State, 717 So.2d 185 (Fla. 5th DCA…

  6. In re D.L.A. 667 So. 2d 330 · 1D95-2041 · 1st DCA 1995

    This opinion cites Rule 8.165 1 time, the section generally

    · cited by 4 in all courts

    …trial court's order adjudicating him a delinquent child and placing him on community control. Because the trial court failed to comply with Florida Rule of Juvenile Procedure 8.165, which requires that the trial court advise a child accused of having committed a delinquent act of the right to counsel at each stage of the proceeding and…

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

    Rule amendment This opinion cites Rule 8.165 27 times: (a), (b)(2), (b)(3), (b)(4), and the section generally

    · cited by 1 in all courts

    …Administration 2.130(c)(4). We have jurisdiction. See art. V, § 2(a), Fla. Const. BACKGROUND The Rules Committee proposes amendments to Florida Rules of Juvenile Procedure 8.165, Providing Counsel to Parties; 8.203, Application of Uniform Child Custody Jurisdiction Act; 8.240, Computation and Enlargement of Time; 8.245, Discovery;…

  8. In re Amendment to Rule of Juv. Proc. 8.165 (A) 981 So. 2d 463 · SC07-1162 · Florida Supreme Court 2008

    Rule amendment This opinion cites Rule 8.165 21 times: (a), (b)(3), and the section generally

    …filed its regular-cycle report proposing amendments to the Florida Rules of Juvenile Procedure. Among the proposed amendments were several amendments to rule 8.165, Providing Counsel to Parties, applicable in juvenile delinquency proceedings. Specifically, the Committee proposed amending subdivision (a), Duty of the…

  9. 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 8.165 8 times, the section generally

    · cited by 7 in all courts

    …to be represented by counsel. Counsel shall be appointed if the child qualifies, unless the child waives counsel in writing subject to the requirements of rule 8.165. (ef) Advice of Rights. At the detention hearing the persons present shall be advised of the purpose of the hearing and the child shall be advised of: (1)…

  10. 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 8.165 2 times, the section generally

    …will be appointed. Counsel shall be appointed if the child qualifies for such appointment and does not waive counsel in writing subject to the requirements of rule 8.165. (3) Right to an Adjudicatory Hearing and Attendant Rights. That the child has the right to plead not guilty, or to persist in that plea if it…

  11. In re Amendments to the Florida Rules of Juvenile Procedure 175 So. 3d 263 · SC15-98 · Florida Supreme Court 2015

    Rule amendment This opinion cites Rule 8.165 2 times, the section generally

    · cited by 10 in all courts

    …rule to Florida -2- Rule of Criminal Procedure 3.170(l) (Motion to Withdraw the Plea after Sentencing). In rule 8.165 (Providing Counsel to Parties), subdivision (b)(3) (Waiver of Counsel) has been amended to clarify that the attorney assigned by the court to assist a child…

  12. Amendments to Fl. Rules of Juvenile Proc. 960 So. 2d 764 · SC07-1159 · Florida Supreme Court 2007

    Rule amendment This opinion cites Rule 8.165 2 times: (a), and the section generally

    …on .....(date). . . . _________________ Circuit Judge Copies to: NOTES [1] The Committee has also proposed an amendment to Florida Rule of Juvenile Procedure 8.165. This proposal has been severed from this case and is being addressed in a separate case, In re Amendment to Florida Rule of Juvenile Procedure 8.165(a), …

  13. In re Amendments to the Florida Rules of Juvenile Procedure 115 So. 3d 286 · SC12-188 · Florida Supreme Court 2013

    Rule amendment This opinion cites Rule 8.165 1 time, the section generally

    · cited by 2 in all courts

    …will be appointed. Counsel shall be appointed if the child qualifies for such appointment and does not waive counsel in writing subject to the requirements of rule 8.165. (3) That the child has the right to plead not guilty, or to persist in that plea if it had already been made, and that the child has the right to an…

0 admin code rules cite Rule 8.165

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

No admin code rule cites Rule 8.165.

0 CFOPs cite Rule 8.165

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

No CFOP cites Rule 8.165.

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

(a) Duty of the Court. The court shall advise the child of the child’s right to counsel. The court shall appoint counsel as provided by law unless waived by the child at each stage of the proceeding. Waiver of counsel can occur only after the child has had a meaningful opportunity to confer with counsel regarding the child’s right to counsel, the consequences of waiving counsel, and any other factors that would assist the child in making the decision to waive counsel. This waiver shall be in writing.

(b) Waiver of Counsel.

(1) The failure of a child to request appointment of counsel at a particular stage in the proceedings or the child’s announced intention to plead guilty shall not, in itself, constitute a waiver of counsel at any subsequent stage of the proceedings.

(2) A child shall not be deemed to have waived the assistance of counsel until the entire process of offering counsel has been completed and a thorough inquiry into the child’s comprehension of that offer and the capacity to make that choice intelligently and understandingly has been made.

(3) If the child is entering a plea to or being tried on an allegation of committing a delinquent act, the written waiver shall also be submitted to the court in the presence of a parent, legal custodian, responsible adult relative, or attorney assigned by the court to assist the child. The assigned attorney shall verify on the written waiver and on the record that the child’s decision to waive counsel has been discussed with the child and appears to be knowing and voluntary.

(4) No waiver shall be accepted if it appears that the party is unable to make an intelligent and understanding choice because of mental condition, age, education, experience, the nature or complexity of the case, or other factors.

(5) If a waiver is accepted at any stage of the proceedings, the offer of assistance of counsel shall be renewed by the court at each subsequent stage of the proceedings at which the party appears without counsel.

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.