Amendments to the rules of juvenile procedure.

 
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The Florida Supreme Court recently adopted amendments to the Florida Rules of Juvenile Procedure, as proposed by Florida Bar's Juvenile Court Rules Committee. See In re Amendments to the Florida Rules of Juvenile Procedure, No. SC13-1354 (Fla. Oct. 3, 2013). The amendments are in response to recent statutory amendments. See ch. 2012-81, [section] 1, Laws of Fla. (amending [section] 39.802(4)); ch. 2012-84, [section] 2, Laws of Fla. (amending [section] 20.19, Fla. Stat.); ch. 2013-21, [section] 3, Laws of Fla. (creating [section] 39.522(3), Fla. Stat.); ch. 2013107 (amending [section] 90.702, Fla. Stat.); ch. 2013-112, [section][section] 3, 4, Laws of Fla. (amending [section][section] 985.032, 985.455(1), Fla. Stat.); ch. 2013-162 (amending various statutes); [section] 790.22(9), Fla. Stat. The court invites all interested persons to comment on the amendments, which are reproduced in full below, as well as online at www. floridasupremecourt.org/decisions/opinions.shtml. All comments must be filed with the court on or before December 2, with a certificate of service verifying that a copy has been served on Committee Chair Whitney M. Untiedt, 35 North Main Street, Gainesville 32601-5323, untiedtw@pdo8.org, and on the Bar Staff Liaison to the committee, Ellen Sloyer, 651 E. Jefferson Street, Tallahassee 32399-2300, esloyer@flabar.org, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The chair has until December 23 to file a response to any comments filed with the court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Portal in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment must be electronically filed via e-mail in accordance with In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). Electronically filed documents must be submitted in Microsoft Word 97 or higher. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee 32399-1927; no additional copies are required or will be accepted.

IN THE SUPREME COURT OF FLORIDA

IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, CASE NO. SC13-1354

RULE 8.060. DISCOVERY

(a) Notice of Discovery.

(1) [No Change]

(2) Within 5 days of service of the child's notice of discovery, the petitioner shall serve a written discovery exhibit which shall disclose to the child or the child's counsel and permit the child or the child's counsel to inspect, copy, test, and photograph the following information and material within the petitioner's possession or control:

(A) A list of the names and addresses of all persons known to the petitioner to have information which may be relevant to the allegations, to any defense with respect thereto, or to any similar fact evidence to be presented at trial under section 90.402(2), Florida Statutes. The names and addresses of persons listed shall be clearly designated in the following categories:

(i) Category A. These witnesses shall include

(a)-(f) [No Change]

(g) expert witnesses who have not provided a written report and a curriculum vitae or who are going to testify [begin strikethrough]to test results or give opinions that will have to meet the test set forth in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923).[end strikethrough]

(ii) [No Change]

(B)-(K) [No Change]

(3)-(5) [No Change]

(b)-(m) [No Change]

Court Commentary

[No Change]

RULE 8.095. PROCEDURE WHEN CHILD BELIEVED TO BE INCOMPETENT OR INSANE

(a) Incompetency At Time of Adjudicatory Hearing or Hearing on Petition Alleging Violation of Juvenile Probation in Delinquency Cases.

(1)-(3) [No Change]

(4) Child Found Incompetent to Proceed. If at the hearing provided for in subdivision (a)(2) the child is found to be incompetent to proceed, the child must be adjudicated incompetent to proceed and may be involuntarily committed as provided by law to the Department of Children and Famil[begin strikethrough]y Services[end strikethrough]ies for treatment upon a finding of clear and convincing evidence that:

(A) The child is mentally ill or [begin strikethrough]mentally retarded[end strikethrough]intellectually disabled and because of the mental illness or [begin strikethrough]retardation[end strikethrough]intellectual disability of the child:

(i)-(ii) [No Change]

(B) [No Change]

(5) [No Change]

(6) Commitment. Each child who has been adjudicated incompetent to proceed and who meets the criteria for commitment in subdivision (a)(4) must be committed to the Department of Children and Famil[begin strikethrough]y Services[end strikethrough]ies. The department must train or treat the child in the least restrictive alternative consistent with public safety. Any commitment of a child to a secure residential program must be to a program separate from adult forensic programs. If the child attains competency, case management and supervision of the child will be transferred to the Department of Juvenile Justice to continue delinquency proceedings. The court retains authority, however, to order the Department of Children and Famil[begin strikethrough]y Services[end strikethrough]ies to provide continued treatment to maintain competency.

(A) A child adjudicated incompetent because of [begin strikethrough]mental retardation[end strikethrough] intellectual disablity may be ordered into a program designated by the Department of Children and Famil[begin strikethrough]y Services[end strikethrough]ies for [begin strikethrough]retarded[end strikethrough]intellectually disabled children.

(B) A child adjudicated incompetent because of mental illness may be ordered into a program designated by the Department of Children and Famil[begin strikethrough]y Services[end strikethrough]ies for mentally ill children.

(7) [No...

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