Dependency Law Finder

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

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Computation, continuance, extension, and enlargement of timeRule 8.240

Part III · Dependency and Termination of Parental Rights Proceedings — A. General Provisions · Rules of Juvenile Procedure (October 1, 2026 ed.)

Related statutes: § 39.0136 Time limitations; continuances. · § 39.402

17 opinions cite Rule 8.240

  1. A.M. v. Department of Children & Families 223 So. 3d 312 · 4D17-0699 · 4th DCA 2017

    Affirmed This opinion cites Rule 8.240 2 times: (d)(5), and the section generally

    · cited by 13 in all courts

    Termination affirmed; due process did not require delaying trial until the mother, found incompetent in an unrelated criminal case, regained competence, and the continuance was properly denied.

    …months before trial. The mother also argues that the trial court erred in denying her a continuance and that the trial court misconstrued Florida Rule of Juvenile Procedure 8.240. “[A] trial court has broad discretion in granting or denying a continuance.” In re D.S., 849 So. 2d 411, 413 (Fla. 2d DCA 2003). Rule 8.240(d)(5) states: …

  2. In re Amendments to Florida Rules of Juvenile Procedure SC2024-0572 · Florida Supreme Court 2024

    Rule amendment This opinion cites Rule 8.240 4 times: (b), and the section generally

    … October 2, 2024 PER CURIAM. The Florida Bar’s Juvenile Court Rules Committee (Committee) has filed a report proposing amendments to Florida Rules of Juvenile Procedure 8.240 (Computation, Continuance, Extension, and Enlargement of Time), 8.315 (Arraignments and Prehearing Conferences), and 8.510 (Advisory Hearing and Pretrial…

  3. In re Amendments to Rules of Juvenile Proc. 951 So. 2d 804 · SC06-2151 · Florida Supreme Court 2007

    Rule amendment This opinion cites Rule 8.240 3 times, the section generally

    · cited by 4 in all courts

    …See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(e). The Committee proposes amending the following eight existing rules and seven existing forms: rule 8.240 (Computation, Continuance, Extension, and Enlargement of Time); rule 8.250 (Examinations, Evaluations, and Treatment); rule 8.257 (General Magistrates); rule…

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

    Rule amendment This opinion cites Rule 8.240 3 times, the section generally

    · cited by 1 in all courts

    …as opposed to reunification of the child with the parents. IV. RULE AMENDMENTS NECESSARY TO BRING THE RULES INTO CONFORMANCE WITH THE FLORIDA STATUTES . Rule 8.240, Computation and Enlargement of Time, is amended to add new subdivision (d), Continuances and Extensions of Time, to create a procedure for filing a motion…

  5. In re Amendments to the Florida Rules of Judicial Administration - Parental Leave SC18-1554-2 · Florida Supreme Court 2020

    Rule amendment This opinion cites Rule 8.240 2 times: (d)

    …that in juvenile dependency and termination of parental rights proceedings, a motion for a parental-leave continuance is governed by Florida Rule of Juvenile Procedure 8.240(d) (Continuances and Extensions of -4- Time). Finally, in light of the modifications to the RJA Committee’s revised…

  6. In re Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report SC19-1818 · Florida Supreme Court 2020

    Rule amendment This opinion cites Rule 8.240 2 times, the section generally

    …Admin. 2.140(e)(1). We have jurisdiction 1 and adopt the amendments as proposed. The Committee proposes amendments to the following rules and forms: rules 8.240 (Computation, Continuance, Extension, and Enlargement of Time); 8.305 (Shelter Petition, Hearing, and Order); 8.332 (Order Finding Dependency); 8.345…

  7. In re Amendments to the Florida Rules of Judicial Administration - Parental Leave SC18-1554 · Florida Supreme Court 2019

    Rule amendment This opinion cites Rule 8.240 2 times: (d)

    …that in juvenile dependency and termination of parental rights proceedings, a motion for a parental-leave continuance is governed by Florida Rule of Juvenile Procedure 8.240(d) (Continuances and Extensions of -4- Time). Finally, in light of the modifications to the RJA Committee’s revised…

  8. Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000

    Rule amendment This opinion cites Rule 8.240 2 times: (c)(2), and the section generally

    · cited by 8 in all courts

    …Notes 1991 Amendment, (a)(6) This creates a procedure for dismissal similar to Florida Rule of Criminal Procedure 3.190(c)(4). 1992 Amendments, (d) Rules 8.240(c)(2) and 8.630(c)(2) allow 5 days for service by mail. This change conforms this rule. (f) The current rule implies that a written pleading must be filed. No…

  9. In re Amendments to the Florida Rules of Juvenile Procedure 725 So. 2d 296 · SC93-3 · Florida Supreme Court 1998

    Rule amendment This opinion cites Rule 8.240 2 times: (b), and the section generally

    · cited by 1 in all courts

    …Committee’s proposed clarifying and corrective amendments, as reflected in the amended versions of rule 8.000; rule 8.225(a)(3), (a)(3)(C), and (a)(4)(A)(iv); rule 8.240(b); rule 8.245(b)(2), (e)(2)(D), and (c)(3)(B); rule 8.255(a) and (c); rule 8.305(d); rule 8.310(a)(5); rule 8.330(a), (c), and (g); rule 8.340(c); and rule…

  10. In re Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation SC2024-1093 · Florida Supreme Court 2024

    Rule amendment This opinion cites Rule 8.240 1 time, the section generally

    …confidentiality, and has theother responsibilities as provided by law. (d) [No Change] Committee Note [No Change] RULE 8.240. COMPUTATION, CONTINUANCE, EXTENSION, AND ENLARGEMENT OF TIME (a) [No Change] (b) Enlargement of Time. When by these rules,…

  11. In re Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure SC21-1049 · Florida Supreme Court 2021

    Rule amendment This opinion cites Rule 8.240 1 time, the section generally

    …2.514, except for rules 8.013 and 8.010, to which rule 2.514(a)(2)(C) shall not apply and the statutory time period shall govern. (b) [NO CHANGE] RULE 8.240. COMPUTATION, CONTINUANCE, EXTENSION, AND ENLARGEMENT OF TIME (a) Computation. Computation of time shall be governed by Florida Rule…

  12. In re Amendments to the Florida Rules of Juvenile Procedure SC21-627 · Florida Supreme Court 2021

    Rule amendment This opinion cites Rule 8.240 1 time, the section generally

    …time before the hearing on the motion to dismiss. (d) [No Change] Committee Notes [No Change] RULE 8.240. COMPUTATION, CONTINUANCE, EXTENSION, AND ENLARGEMENT OF TIME (a) Computation. Computation of time shall beis governed …

  13. Amendments to Rules of Juv. Procedure-Forms 934 So. 2d 438 · SC05-950-2 · Florida Supreme Court 2006

    Rule amendment This opinion cites Rule 8.240 1 time, the section generally

    · cited by 2 in all courts

    …to the waiver of parental notification case. Three amendments have been made to rule 8.820. First, subdivision (d)(1) is amended to clarify that rules 8.180 and 8.240, which govern computation of time periods in delinquency and dependency cases, respectively, do not apply to the 48-hour time period for disposition of…

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

    Rule amendment This opinion cites Rule 8.240 1 time: (c)(2)

    · cited by 1 in all courts

    …Notes 1991 Amendment, (a)(6) This creates a procedure for dismissal similar to Florida Rule of Criminal Procedure 3.190(c)(4). 1992 Amendments, (d) Rules 8.240(c)(2) and 8.630(c)(2) allow 5 days for service by mail. This change conforms this rule. (f) The current rule implies that a written pleading must be filed. No…

  15. Amendment to Rules of Juvenile Proc. 8.350 804 So. 2d 1206 · SC00-2044 · Florida Supreme Court 2001

    Rule amendment Other This opinion cites Rule 8.240 1 time: (a)(2000)

    · cited by 4 in all courts

    Supreme Court adopts rule 8.350 setting procedures, including hearings and guardian ad litem appointment, for placing a dependent child in residential mental health treatment.

    …which itself is due 14 days after placement. Although the proposed rule is silent as to whether these time periods include weekends and holidays, Rule of Juvenile Procedure 8.240(a)(2000) suggest that Saturdays, Sundays and holidays shall be excluded from the computation of time. Thus, the proposed rule contemplates between 5 and 5½ weeks would…

  16. Amendments to the Florida Rules of Juvenile Procedure 684 So. 2d 756 · SC87656 · Florida Supreme Court 1996

    Rule amendment This opinion cites Rule 8.240 1 time: (c)(2)

    · cited by 1 in all courts

    …Notes 1991 Amendment, (a)(6) This creates a procedure for dismissal similar to Florida Rule of Criminal Procedure 3.190(c)(4). . 1992 Amendments, (d) Rules 8.240(c)(2) and 8.630(e)(2) allow 5 days for service by mail. This change conforms this rule. (f) The current rule implies that a written pleading must be filed. No…

  17. 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 8.240 1 time: (c)(2)

    · cited by 8 in all courts

    …Notes 1991 Amendment, (a)(6) This creates a procedure for dismissal similar to Florida Rule of Criminal Procedure 3.190(c)(4). 1992 Amendments, (d) Rules 8.240(c)(2) and 8.630(c)(2) allow 5 days for service by mail. This change conforms this rule. (f) The current rule implies that a written pleading must be filed. No…

0 admin code rules cite Rule 8.240

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

No admin code rule cites Rule 8.240.

0 CFOPs cite Rule 8.240

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No CFOP cites Rule 8.240.

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(a) Computation. Computation of time is governed by Florida Rule of General Practice and Judicial Administration 2.514, except for rules 8.300 and 8.305, to which rule 2.514(a)(2)(C) does not apply and the statutory time period governs.

(b) Enlargement of Time. When these rules, a notice given under them, or a court order require or allow an act to be done at or within a specified time, the court has discretion to enlarge the time or excuse an otherwise untimely act only for good cause, within the limits established by law, and subject to subdivision (d) of this rule, as follows:

(1) If a request for enlargement is made before the expiration of the period originally prescribed or as extended by a previous order, the court may grant the request with or without notice.

(2) If the time has expired, the court may permit the act to be done outside the specified time, if the movant gives notice and demonstrates excusable neglect. However, the court may not, except as provided by law or elsewhere in these rules, extend the time for making a motion for new trial, for rehearing, or vacation of judgment, or for taking an appeal. This rule does not apply to shelter hearings.

(c) Time for Service of Motions and Notice of Hearing. A copy of any written motion that may not be heard ex parte and a copy of the notice of hearing must be served a reasonable time before the time specified for the hearing.

(d) Continuances and Extensions of Time.

(1) A motion for continuance, extension, or waiver of the time standards provided by law and found in this rule must be in writing and signed by the requesting party. On a showing of good cause, the court must allow a motion for continuance or extension to be made orally at any time during the proceedings.

(2) A motion for continuance, extension, or waiver of the time standards provided by law must not be made in advance of the particular circumstance or need that would warrant delay of the proceedings.

(3) A motion for continuance, extension, or waiver of the time standards provided by law must state all of the facts that the movant contends entitle the movant to a continuance, extension, or waiver of time including:

(A) the task that must be completed by the movant to preserve the rights of a party or the best interests of the child who is the subject of the proceedings;

(B) the minimum number of days absolutely necessary to complete this task; and

(C) the total number of days the proceedings have been continued at the request of any party within any 12-month period.

(4) These time limitations do not include the following:

(A) Periods of delay resulting from a continuance granted at the request of the child’s counsel, guardian ad litem, or attorney ad litem.

(B) Periods of delay because of unavailability of evidence that is material to the case if the requesting party has exercised due diligence to obtain the evidence and there are substantial grounds to believe that the evidence will be available within 30 days. However, if the requesting party is not prepared to proceed within 30 days, any other party may move for issuance of an order to show cause or the court on its own motion may impose appropriate sanctions, which may include dismissal of the petition.

(C) Periods of delay to allow the requesting party additional time to prepare the case and additional time is justified because of an exceptional circumstance.

(D) Reasonable periods of delay necessary to accomplish notice of the hearing to the parent or legal custodian.

(5) Notwithstanding subdivision (4), proceedings may not be continued or extended for more than a total of 60 days within any 12-month period. A continuance or extension of time standards beyond 60 days in any 12-month period may be granted only on a finding by the court of extraordinary circumstances and that the continuance or extension of time standards is necessary to preserve the constitutional rights of a party or that there is substantial evidence demonstrating that the child’s best interests will be affirmatively harmed without the granting of a continuance or extension of time.

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.