Florida Juvenile Procedure Rule 8.080
RULE 8.080. ACCEPTANCE OF GUILTY OR NOLO
CONTENDERE PLEA
(a) Voluntariness. Before accepting a plea of guilty or nolo
contendere, the court shall determine that the plea is knowingly
and voluntarily entered and that there is a factual basis for it.
Counsel for the prosecution and the defense shall assist the court
in this determination.
(b) Open Court. All pleas shall be taken in open court,
except the hearing may be closed as provided by law.
(c) Determination by Court. The court, when making this
determination, should place the child under oath and shall address
the child personally. The court shall determine that the child
understands each of the following rights and consequences of
entering a guilty or nolo contendre plea:
(1) Nature of the Charge. The nature of the charge to
which the plea is offered and the possible dispositions available to
the court.
(2) Right to Representation. If the child is not
represented by an attorney, that the child has the right to be
represented by an attorney at every stage of the proceedings and, if
necessary, one will be appointed. Counsel shall be appointed if the
child qualifies for such appointment and does not waive counsel in
writing subject to the requirements of rule 8.165.
(3) Right to an Adjudicatory Hearing and Attendant
Rights. That the child has the right to plead not guilty, or to persist
in that plea if it had already been made, and that the child has the
right to an adjudicatory hearing and at that hearing has the right to
the assistance of counsel, the right to compel the attendance of
witnesses on his or her behalf, the right to confront and cross-
examine witnesses against him or her, and the right not to be
compelled to incriminate himself or herself.
(4) Effect of Plea. That, if the child pleads guilty or nolo
contendere, without express reservation of the right to appeal, the
right to appeal all matters relating to the judgment, including the
issue of guilt or innocence, is relinquished, but the right to review
by appropriate collateral attack is not impaired.
(5) Waiving Right to an Adjudicatory Hearing. That, if
the child pleads guilty or nolo contendere, there will not be a
further adjudicatory hearing of any kind, so that by pleading so the
right to an adjudicatory hearing is waived.
(6) Questioning by Judge. That, if the child pleads guilty
or nolo contendere, the court may ask the child questions about the
offense to which the child has pleaded, and, if those questions are
answered under oath, on the record, the answers may later be used
against the child in a prosecution for perjury.
(7) Terms of Plea Agreement. The complete terms of any
plea agreement including specifically all obligations the child will
incur as a result.
(8) Sexual Offender Registration. That, if the child
pleads guilty or nolo contendere to certain sexual offenses, the child
may be required to register as a sexual offender.
(9) Sexually Violent or Sexually Motivated Offenses.
That, if the child pleads guilty or nolo contendere, and the offense
to which the child is pleading is a sexually violent offense or a
sexually motivated offense, or if the child has been previously
adjudicated for such an offense, the plea may subject the child to
involuntary civil commitment as a sexually violent predator on
completion of his or her sentence. It shall not be necessary for the
trial judge to determine whether the present or prior offenses were
sexually motivated, as this admonition shall be given to all children
in all cases.
(10) Deportation Consequences.
(A) If the child is not a citizen of the United States,
the facts underlying the child’s plea and the court’s acceptance of
the plea of guilty or nolo contendere, regardless of whether
adjudication of guilt has been withheld, may have the additional
consequences of changing his or her immigration status, including
deportation or removal from the United States, pursuant to the laws
of the United States.
(B) The court should advise the child to consult
with counsel if he or she needs additional information concerning
the potential deportation consequences of the plea.
(C) If the child has not discussed the potential
deportation consequences with his or her counsel, prior to
accepting the child’s plea, the court is required, upon request, to
allow a reasonable amount of time to permit the child to consider
the appropriateness of the plea in light of the advisement described
in this subdivision.
(D) This admonition should be given to all children
in all cases, and the trial court must not require at the time of
entering a plea that the child disclose his or her legal status in the
United States.
(d) Acknowledgment by Child. Before the court accepts a
guilty or nolo contendere plea, the court must determine that the
child either:
(1) acknowledges guilt; or
(2) acknowledges that the plea is in the child’s best
interest, while maintaining innocence.
(e) Of Record. These proceedings shall be of record.
(f) When Binding. Prior to the court’s acceptance of a plea,
the parties must notify the court of any plea agreement and may
notify the court of the reasons for the plea agreement. Thereafter,
the court must advise the parties whether the court accepts or
rejects the plea agreement and may state its reasons for a rejection
of the plea agreement. No plea offer or negotiation is binding until it
is accepted by the court after making all the inquiries, advisements,
and determinations required by this rule. Until that time, it may be
withdrawn by either party without any necessary justification.
(g) Withdrawal of Plea When Judge Does Not Concur. If
the trial judge does not concur in a tendered plea of guilty or nolo
contendere arising from negotiations, the plea may be withdrawn.
(h) Failure to Follow Procedures. Failure to follow any of
the procedures in this rule shall not render a plea void, absent a
showing of prejudice.
Committee 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 written pleadings are required.
(e) and (g) The language from (e) was moved to create this new
subdivision. The current rule applies only to attorneys. These
requirements also should apply to nonattorneys who sign and file
papers. This rule conforms with proposed revisions to rules 8.230
and 8.640.
E. MOTIONS AND SERVICE OF PLEADINGS
CONTENDERE PLEA
(a) Voluntariness. Before accepting a plea of guilty or nolo
contendere, the court shall determine that the plea is knowingly
and voluntarily entered and that there is a factual basis for it.
Counsel for the prosecution and the defense shall assist the court
in this determination.
(b) Open Court. All pleas shall be taken in open court,
except the hearing may be closed as provided by law.
(c) Determination by Court. The court, when making this
determination, should place the child under oath and shall address
the child personally. The court shall determine that the child
understands each of the following rights and consequences of
entering a guilty or nolo contendre plea:
(1) Nature of the Charge. The nature of the charge to
which the plea is offered and the possible dispositions available to
the court.
(2) Right to Representation. If the child is not
represented by an attorney, that the child has the right to be
represented by an attorney at every stage of the proceedings and, if
necessary, one will be appointed. Counsel shall be appointed if the
child qualifies for such appointment and does not waive counsel in
writing subject to the requirements of rule 8.165.
(3) Right to an Adjudicatory Hearing and Attendant
Rights. That the child has the right to plead not guilty, or to persist
in that plea if it had already been made, and that the child has the
right to an adjudicatory hearing and at that hearing has the right to
the assistance of counsel, the right to compel the attendance of
witnesses on his or her behalf, the right to confront and cross-
examine witnesses against him or her, and the right not to be
compelled to incriminate himself or herself.
(4) Effect of Plea. That, if the child pleads guilty or nolo
contendere, without express reservation of the right to appeal, the
right to appeal all matters relating to the judgment, including the
issue of guilt or innocence, is relinquished, but the right to review
by appropriate collateral attack is not impaired.
(5) Waiving Right to an Adjudicatory Hearing. That, if
the child pleads guilty or nolo contendere, there will not be a
further adjudicatory hearing of any kind, so that by pleading so the
right to an adjudicatory hearing is waived.
(6) Questioning by Judge. That, if the child pleads guilty
or nolo contendere, the court may ask the child questions about the
offense to which the child has pleaded, and, if those questions are
answered under oath, on the record, the answers may later be used
against the child in a prosecution for perjury.
(7) Terms of Plea Agreement. The complete terms of any
plea agreement including specifically all obligations the child will
incur as a result.
(8) Sexual Offender Registration. That, if the child
pleads guilty or nolo contendere to certain sexual offenses, the child
may be required to register as a sexual offender.
(9) Sexually Violent or Sexually Motivated Offenses.
That, if the child pleads guilty or nolo contendere, and the offense
to which the child is pleading is a sexually violent offense or a
sexually motivated offense, or if the child has been previously
adjudicated for such an offense, the plea may subject the child to
involuntary civil commitment as a sexually violent predator on
completion of his or her sentence. It shall not be necessary for the
trial judge to determine whether the present or prior offenses were
sexually motivated, as this admonition shall be given to all children
in all cases.
(10) Deportation Consequences.
(A) If the child is not a citizen of the United States,
the facts underlying the child’s plea and the court’s acceptance of
the plea of guilty or nolo contendere, regardless of whether
adjudication of guilt has been withheld, may have the additional
consequences of changing his or her immigration status, including
deportation or removal from the United States, pursuant to the laws
of the United States.
(B) The court should advise the child to consult
with counsel if he or she needs additional information concerning
the potential deportation consequences of the plea.
(C) If the child has not discussed the potential
deportation consequences with his or her counsel, prior to
accepting the child’s plea, the court is required, upon request, to
allow a reasonable amount of time to permit the child to consider
the appropriateness of the plea in light of the advisement described
in this subdivision.
(D) This admonition should be given to all children
in all cases, and the trial court must not require at the time of
entering a plea that the child disclose his or her legal status in the
United States.
(d) Acknowledgment by Child. Before the court accepts a
guilty or nolo contendere plea, the court must determine that the
child either:
(1) acknowledges guilt; or
(2) acknowledges that the plea is in the child’s best
interest, while maintaining innocence.
(e) Of Record. These proceedings shall be of record.
(f) When Binding. Prior to the court’s acceptance of a plea,
the parties must notify the court of any plea agreement and may
notify the court of the reasons for the plea agreement. Thereafter,
the court must advise the parties whether the court accepts or
rejects the plea agreement and may state its reasons for a rejection
of the plea agreement. No plea offer or negotiation is binding until it
is accepted by the court after making all the inquiries, advisements,
and determinations required by this rule. Until that time, it may be
withdrawn by either party without any necessary justification.
(g) Withdrawal of Plea When Judge Does Not Concur. If
the trial judge does not concur in a tendered plea of guilty or nolo
contendere arising from negotiations, the plea may be withdrawn.
(h) Failure to Follow Procedures. Failure to follow any of
the procedures in this rule shall not render a plea void, absent a
showing of prejudice.
Committee 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 written pleadings are required.
(e) and (g) The language from (e) was moved to create this new
subdivision. The current rule applies only to attorneys. These
requirements also should apply to nonattorneys who sign and file
papers. This rule conforms with proposed revisions to rules 8.230
and 8.640.
E. MOTIONS AND SERVICE OF PLEADINGS