Florida Juvenile Procedure Rule 8.120
RULE 8.120. POST-DISPOSITION HEARING
(a) Revocation of Juvenile Probation.
(1) A child who has been placed on juvenile probation
may be brought before the court upon allegations of violation(s).
(2) Any proceeding alleging a violation shall be initiated
by the filing of a sworn affidavit of the material facts supporting the
allegation(s). The affidavit shall be executed by the child’s juvenile
probation officer or other person having actual knowledge of the
facts. Copies of the affidavit shall be provided to the court, the state
attorney, and the Department of Juvenile Justice.
(3) When revocation proceedings are sought by the
state attorney or the Department of Juvenile Justice, the
proceedings shall be initiated by the filing of a petition alleging
violation of juvenile probation. The petition shall incorporate and
reference the affidavit described in subdivision (a)(2). All such
petitions must be signed and filed by legal counsel.
(4) The court may initiate revocation proceedings by the
entry of an order initiating revocation proceedings. The order must
incorporate and reference the affidavit described in subdivision
(a)(2).
(5) All interested persons, including the child, shall
have an opportunity to be heard. After such hearing, the court shall
enter an order revoking, modifying, terminating, or continuing
juvenile probation. Upon the revocation of juvenile probation, the
court shall, when the child has been placed on juvenile probation
and adjudication has been withheld, adjudicate the child
delinquent. In all cases after a revocation of juvenile probation, the
court shall enter a new disposition order.
(b) Retention of Authority over Discharge. When the court
has retained authority over discharge of a delinquent child from
placement or commitment as provided by law, prior to any
discharge from placement or commitment, the Department of
Juvenile Justice shall notify the court, the state attorney, the victim
of the offense or offenses for which the child was placed under
supervision of the department, and the child of its intention to
discharge the child. Thereafter, any interested party may request a
hearing, within the time prescribed by law, to address the
discharge.
G. RELIEF FROM ORDERS AND JUDGMENTS
(a) Revocation of Juvenile Probation.
(1) A child who has been placed on juvenile probation
may be brought before the court upon allegations of violation(s).
(2) Any proceeding alleging a violation shall be initiated
by the filing of a sworn affidavit of the material facts supporting the
allegation(s). The affidavit shall be executed by the child’s juvenile
probation officer or other person having actual knowledge of the
facts. Copies of the affidavit shall be provided to the court, the state
attorney, and the Department of Juvenile Justice.
(3) When revocation proceedings are sought by the
state attorney or the Department of Juvenile Justice, the
proceedings shall be initiated by the filing of a petition alleging
violation of juvenile probation. The petition shall incorporate and
reference the affidavit described in subdivision (a)(2). All such
petitions must be signed and filed by legal counsel.
(4) The court may initiate revocation proceedings by the
entry of an order initiating revocation proceedings. The order must
incorporate and reference the affidavit described in subdivision
(a)(2).
(5) All interested persons, including the child, shall
have an opportunity to be heard. After such hearing, the court shall
enter an order revoking, modifying, terminating, or continuing
juvenile probation. Upon the revocation of juvenile probation, the
court shall, when the child has been placed on juvenile probation
and adjudication has been withheld, adjudicate the child
delinquent. In all cases after a revocation of juvenile probation, the
court shall enter a new disposition order.
(b) Retention of Authority over Discharge. When the court
has retained authority over discharge of a delinquent child from
placement or commitment as provided by law, prior to any
discharge from placement or commitment, the Department of
Juvenile Justice shall notify the court, the state attorney, the victim
of the offense or offenses for which the child was placed under
supervision of the department, and the child of its intention to
discharge the child. Thereafter, any interested party may request a
hearing, within the time prescribed by law, to address the
discharge.
G. RELIEF FROM ORDERS AND JUDGMENTS