RULE 9.145. APPEAL PROCEEDINGS IN JUVENILE
DELINQUENCY CASES

(a) Applicability. Appeal proceedings in juvenile
delinquency cases will be as in rule 9.140 except as modified by
this rule.

(b) Appeals by Child. To the extent adversely affected, a
child or any parent, legal guardian, or custodian of a child may
appeal:
(1) an order of adjudication of delinquency or
withholding adjudication of delinquency, or any disposition order
entered thereon;

(2) orders entered after adjudication or withholding of
adjudication of delinquency, including orders revoking or modifying
the community control;

(3) an illegal disposition; or

(4) any other final order as provided by law.

(c) Appeals by the State.

(1) Appeals Permitted. The state may appeal an order:

(A) dismissing a petition for delinquency or any
part of it, if the order is entered before the commencement of an
adjudicatory hearing;

(B) suppressing confessions, admissions, or
evidence obtained by search or seizure before the adjudicatory
hearing;

(C) granting a new adjudicatory hearing;

(D) arresting judgment;

(E) discharging a child under Florida Rule of
Juvenile Procedure 8.090;

(F) ruling on a question of law if a child appeals
an order of disposition;

(G) constituting an illegal disposition;

(H) discharging a child on habeas corpus; or

(I) finding a child incompetent pursuant to the
Florida Rules of Juvenile Procedure.
(2) Nonfinal State Appeals. If the state appeals a pre-
adjudicatory hearing order of the trial court, the notice of appeal
must be filed within 15 days of rendition of the order to be reviewed
and before commencement of the adjudicatory hearing.

(A) A child in detention whose case is stayed
pending a state appeal must be released from detention pending the
appeal if the child is charged with an offense that would be bailable
if the child were charged as an adult, unless the lower tribunal for
good cause stated in an order determines otherwise. The lower
tribunal retains discretion to release from detention any child who
is not otherwise entitled to release under the provisions of this rule.

(B) If a child has been found incompetent to
proceed, any order staying the proceedings on a state appeal will
have no effect on any order entered for the purpose of treatment.

(d) References to Child. The appeal must be entitled and
docketed with the initials, but not the name, of the child and the
court case number. All references to the child in briefs, other
documents, and the decision of the court must be by initials. This
subdivision does not apply to transcripts.

(e) Confidentiality. Filings will not be open to inspection
except by the parties and their counsel, or as otherwise ordered,
pursuant to Florida Rule of General Practice and Judicial
Administration 2.420.

Committee Notes

1996 Adoption. Subdivision (c)(2) is intended to make clear
that in non-final state appeals, the notice of appeal must be filed
before commencement of the adjudicatory hearing. However, the
notice of appeal must still be filed within 15 days of rendition of the
order to be reviewed as provided by rule 9.140(c)(3). These two rules
together provide that when an adjudicatory hearing occurs within
15 days or less of rendition of an order to be reviewed, the notice of
appeal must be filed before commencement of the adjudicatory
hearing. This rule is not intended to extend the 15 days allowed for
filing the notice of appeal as provided by rule 9.140(c)(3).

Subdivision (d) requires the parties to use initials in all
references to the child in all briefs and other papers filed in the
court in furtherance of the appeal. It does not require the deletion of
the name of the child from pleadings or other papers transmitted to
the court from the lower tribunal.