Florida Juvenile Procedure Rule 8.075
RULE 8.075. PLEAS
No written answer to the petition nor any other pleading need
be filed. No child, whether represented by counsel or otherwise,
shall be called upon to plead until he or she has had a reasonable
time within which to deliberate thereon.
(a) Acceptance of Plea. In delinquency cases the child may
plead guilty, nolo contendere, or not guilty. The court may refuse to
accept a plea of guilty or nolo contendere, and shall not accept
either plea without first determining that the plea is made
voluntarily and with a full understanding of the nature of the
allegations and the possible consequences of such plea and that
there is a factual basis for such plea.
(b) Plan of Proposed Treatment, Training, or Conduct.
After the filing of a petition and prior to the adjudicatory hearing, a
plan of proposed treatment, training, or conduct may be submitted
on behalf of the child in lieu of a plea. The appropriate agencies of
the Department of Juvenile Justice or other agency as designated
by the court shall be the supervising agencies for said plan and the
terms and conditions of all such plans shall be formulated in
conjunction with the supervising agency involved. The submission
of a plan is not an admission of the allegations of the petition of
delinquency.
If such a plan is submitted the procedure shall be as follows:
(1) The plan must be in writing, agreed to and signed in
all cases by the state attorney, the child, and, when represented, by
the child’s counsel, and, unless excused by the court, by the
parents or custodian. An authorized agent of the supervising agency
involved shall indicate whether the agency recommends the
acceptance of the plan.
(2) The plan shall contain a stipulation that the speedy
trial rule is waived and shall include the state attorney’s consent to
defer the prosecution of the petition.
(3) After hearing, which may be waived by stipulation of
the parties and the supervising agency, the court may accept the
plan and order compliance therewith, or may reject it. If the plan is
rejected by the court, the court shall state on the record the reasons
for rejection.
(4) Violations of the conditions of the plan shall be
presented to the court by motion by the supervising agency or by
any party. If the court, after hearing, finds a violation has occurred,
it may take such action as is appropriate to enforce the plan,
modify the plan by supplemental agreement, or set the case for
hearing on the original petition.
(5) The plan shall be effective for an indeterminate
period, for such period as is stated therein, or until the petition is
dismissed.
(6) Unless otherwise dismissed, the petition may be
dismissed on the motion of the person submitting the plan or the
supervising agency, after notice of hearing and a finding of
substantial compliance with the provisions and intent of the plan.
(c) Written Answer. A written answer admitting or denying
the allegations of the petition may be filed by the child joined by a
parent, custodian, or the child’s counsel. If the answer admits the
allegations of the petition it must acknowledge that the child has
been advised of the right to counsel, the right to remain silent, and
the possible dispositions available to the court and shall include a
consent to a predispositional study. Upon the filing of such an
answer, a hearing for adjudication or adjudication and disposition
shall be set at the earliest practicable time.
(d) Entry of Plea by Court. If a child stands mute or pleads
evasively, a plea of not guilty shall be entered by the court.
(e) Withdrawal of Plea Before Disposition. The court may
in its discretion for good cause shown at any time prior to the
beginning of a disposition hearing permit a plea of guilty or nolo
contendere to be withdrawn, and if a finding that the child
committed a delinquent act has been entered thereon, set aside
such finding and allow another plea to be substituted for the plea of
guilty or nolo contendere. In the subsequent adjudicatory hearing
the court shall not consider the plea which was withdrawn as an
admission.
(f) Withdrawal of Plea After Disposition. A child who
pleads guilty or nolo contendere without expressly reserving the
right to appeal a legally dispositive issue may file a motion to
withdraw the plea within 30 days after rendition of the disposition,
but only on the grounds that
(1) the lower tribunal lacked subject matter
jurisdiction;
(2) there has been a violation of the plea agreement;
(3) the plea was involuntary;
(4) there has been a sentencing error; or
(5) as otherwise provided by law.
(g) Withdrawal of Plea After Drug Court Transfer. A child
who pleads guilty or nolo contendere to a charge for the purpose of
transferring the case, as provided by law, may file a motion to
withdraw the plea upon successful completion of the juvenile drug
court treatment program.
No written answer to the petition nor any other pleading need
be filed. No child, whether represented by counsel or otherwise,
shall be called upon to plead until he or she has had a reasonable
time within which to deliberate thereon.
(a) Acceptance of Plea. In delinquency cases the child may
plead guilty, nolo contendere, or not guilty. The court may refuse to
accept a plea of guilty or nolo contendere, and shall not accept
either plea without first determining that the plea is made
voluntarily and with a full understanding of the nature of the
allegations and the possible consequences of such plea and that
there is a factual basis for such plea.
(b) Plan of Proposed Treatment, Training, or Conduct.
After the filing of a petition and prior to the adjudicatory hearing, a
plan of proposed treatment, training, or conduct may be submitted
on behalf of the child in lieu of a plea. The appropriate agencies of
the Department of Juvenile Justice or other agency as designated
by the court shall be the supervising agencies for said plan and the
terms and conditions of all such plans shall be formulated in
conjunction with the supervising agency involved. The submission
of a plan is not an admission of the allegations of the petition of
delinquency.
If such a plan is submitted the procedure shall be as follows:
(1) The plan must be in writing, agreed to and signed in
all cases by the state attorney, the child, and, when represented, by
the child’s counsel, and, unless excused by the court, by the
parents or custodian. An authorized agent of the supervising agency
involved shall indicate whether the agency recommends the
acceptance of the plan.
(2) The plan shall contain a stipulation that the speedy
trial rule is waived and shall include the state attorney’s consent to
defer the prosecution of the petition.
(3) After hearing, which may be waived by stipulation of
the parties and the supervising agency, the court may accept the
plan and order compliance therewith, or may reject it. If the plan is
rejected by the court, the court shall state on the record the reasons
for rejection.
(4) Violations of the conditions of the plan shall be
presented to the court by motion by the supervising agency or by
any party. If the court, after hearing, finds a violation has occurred,
it may take such action as is appropriate to enforce the plan,
modify the plan by supplemental agreement, or set the case for
hearing on the original petition.
(5) The plan shall be effective for an indeterminate
period, for such period as is stated therein, or until the petition is
dismissed.
(6) Unless otherwise dismissed, the petition may be
dismissed on the motion of the person submitting the plan or the
supervising agency, after notice of hearing and a finding of
substantial compliance with the provisions and intent of the plan.
(c) Written Answer. A written answer admitting or denying
the allegations of the petition may be filed by the child joined by a
parent, custodian, or the child’s counsel. If the answer admits the
allegations of the petition it must acknowledge that the child has
been advised of the right to counsel, the right to remain silent, and
the possible dispositions available to the court and shall include a
consent to a predispositional study. Upon the filing of such an
answer, a hearing for adjudication or adjudication and disposition
shall be set at the earliest practicable time.
(d) Entry of Plea by Court. If a child stands mute or pleads
evasively, a plea of not guilty shall be entered by the court.
(e) Withdrawal of Plea Before Disposition. The court may
in its discretion for good cause shown at any time prior to the
beginning of a disposition hearing permit a plea of guilty or nolo
contendere to be withdrawn, and if a finding that the child
committed a delinquent act has been entered thereon, set aside
such finding and allow another plea to be substituted for the plea of
guilty or nolo contendere. In the subsequent adjudicatory hearing
the court shall not consider the plea which was withdrawn as an
admission.
(f) Withdrawal of Plea After Disposition. A child who
pleads guilty or nolo contendere without expressly reserving the
right to appeal a legally dispositive issue may file a motion to
withdraw the plea within 30 days after rendition of the disposition,
but only on the grounds that
(1) the lower tribunal lacked subject matter
jurisdiction;
(2) there has been a violation of the plea agreement;
(3) the plea was involuntary;
(4) there has been a sentencing error; or
(5) as otherwise provided by law.
(g) Withdrawal of Plea After Drug Court Transfer. A child
who pleads guilty or nolo contendere to a charge for the purpose of
transferring the case, as provided by law, may file a motion to
withdraw the plea upon successful completion of the juvenile drug
court treatment program.