RULE 8.013. DETENTION PETITION AND ORDER

(a) Time Limitation. No child taken into custody may be
detained, as a result of the incident for which taken into custody,
longer than as provided by law unless a detention order so directing
is made by the court following a detention hearing.

(b) Additional Requirements for Supervised Release
Detention.

(1) All motions to extend detention as provided by law must
be in writing and filed with the court.

(2) For a child who is placed on supervised release detention
care prior to an adjudicatory hearing the court must conduct a
hearing within 15 days after the 60th day. Upon written findings as
provided by law, the court may order the child to continue on
supervised release detention until the adjudicatory hearing is
completed.

(c) Additional Requirements for Secure Detention.

(1) All motions to extend detention as provided by law must
be in writing and filed with the court. Reasonable notice must be
provided to the opposing party.
(2) A written motion to extend secure detention must be
heard before the expiration of the current period to determine the
need for continued secure detention care. If the child meets the
criteria for continued secure detention as provided by law, the court
may order the child to continue secure detention upon the required
written findings. The court must order that the adjudicatory
hearing commence as soon as reasonably possible.

(d) Additional Requirement for Designated Offenses.

(1) All motions to release a juvenile for whom probable
cause was found for one or more of the offenses listed in section
985.255, Florida Statutes, if made after the initial detention
hearing, must be in writing and filed with the court. Reasonable
notice must be provided to the opposing party.

(2) The moving party must present evidence supporting
their position and the opposing party may offer rebuttal evidence.

(3) On making findings as provided by law, if the court
releases the child from secure detention, the court must state in
writing the reasons that the child does not present a risk to public
safety or a danger to the community. The order must list the child’s
prior adjudications, dispositions, and prior violations of pretrial
release orders.

(4) The court must provide a copy of the release order
to the victim, the law enforcement agency that arrested the child,
and the law enforcement agency with primary jurisdiction over the
child’s primary residence.

(e) Petition. The detention petition must:

(1) be in writing and be filed with the court;

(2) state the name and address of the child or, if
unknown, designate the child by any name or description by which
he or she can be identified with reasonable certainty;
(3) state the age and sex of the child or, if the age is
unknown, that the child is believed to be of an age which will make
him or her subject to the procedures covered by these rules;

(4) state the reasons why the child is in custody and
needs to be detained;

(5) recommend the place where the child is to be
detained or the agency to be responsible for the detention; and

(6) be signed by an authorized agent of the Department
of Juvenile Justice or by the state attorney or assistant state
attorney; and

(7) state the conditions, if any, being requested that are
necessary to preserve public safety or to ensure the child’s safety or
appearance in court.

(f) Order. The detention order must:

(1) be in writing;

(2) state the name and address of the child or, if
unknown, designate the child by any name or description by which
he or she can be identified with reasonable certainty;

(3) state the age and sex of the child or, if the age is
unknown, that the child is believed to be of an age which will make
him or her subject to the procedures covered by these rules;

(4) order that the child must be held in detention and
state the reasons therefor, or, if appropriate, order that the child be
released from detention and returned to his or her nonresidential
commitment program;

(5) make a finding that probable cause exists that the
child is delinquent or that such a finding cannot be made at this
time and that the case is continued for such a determination to a
time certain within 72 hours from the time the child is taken into
custody unless this time is extended by the court for good cause
shown for not longer than an additional 24 hours;

(6) If the child is being detained on an offense that is
classified as an act of domestic violence for 48 hours as provided by
law, the detention order must include specific written findings that:

(A) respite care for the child is not available; and

(B) it is necessary to place the child in secure
detention in order to protect the victim form injury;

(7) designate the place where the child is to be detained
or the person or agency that will be responsible for the detention
and state any special conditions found to be necessary;

(8) state the date and time when issued and the county
and court where issued, together with the date and time the child
was taken into custody;

(9) direct that the child be released no later than 5:00
p.m. on the last day of the specified statutory detention period,
unless a continuance has been granted to the state or the child for
cause; and

(10) be signed by the court with the title of office.