RULE 8.135. CORRECTION OF DISPOSITION OR
COMMITMENT ORDERS

(a) Correction. A court at any time may correct an illegal
disposition or commitment order imposed by it. However, a party
may not file a motion to correct under this subdivision during the
time allowed for the filing of a motion under subdivision (b)(1) or
during the pendency of a direct appeal.
(b) Motion to Correct Disposition or Commitment Error.
A motion to correct any disposition or commitment order error,
including an illegal disposition or commitment, may be filed as
allowed by this subdivision. The motion must identify the error with
specificity and provide a proposed correction. A response to the
motion may be filed within 15 days either admitting or contesting
the alleged error. Motions may be filed by the state under this
subdivision only if the correction of the error would benefit the child
or to correct a scrivener’s error.

(1) Motion Before Appeal. During the time allowed for
the filing of a notice of appeal, a child, the state, or the department
may file a motion to correct a disposition or commitment order
error.

(A) This motion stays rendition under Florida Rule
of Appellate Procedure 9.020(i).

(B) Unless the trial court determines that the
motion can be resolved as a matter of law without a hearing, it shall
hold an initial hearing no later than 10 days from the filing of the
motion, with notice to all parties, for the express purpose of either
ruling on the motion or determining the need for an evidentiary
hearing. If an evidentiary hearing is needed, it shall be set no more
than 10 days from the date of the initial hearing. Within 30 days
from the filing of the motion, the trial court shall file an order ruling
on the motion. If no order is filed within 30 days, the motion shall
be deemed denied.

(2) Motion Pending Appeal. If an appeal is pending, a
child or the state may file in the trial court a motion to correct a
disposition or commitment order error. The motion may be filed by
appellate counsel and must be served before the party’s first brief is
served. A notice of pending motion to correct disposition or
commitment error shall be filed in the appellate court, which notice
shall automatically extend the time for the filing of the brief, until
10 days after the clerk of the circuit court transmits the
supplemental record under Florida Rule of Appellate Procedure
9.140(f)(6).
(A) The motion shall be served on the trial court
and on all trial and appellate counsel of record. Unless the motion
expressly states that appellate counsel will represent the movant in
the trial court, trial counsel will represent the movant on the motion
under Florida Rule of Appellate Procedure 9.140(d). If the state is
the movant, trial counsel will represent the child unless appellate
counsel for the child notifies trial counsel and the trial court that
appellate counsel will represent the child on the state’s motion.

(B) The trial court shall resolve this motion in
accordance with subdivision (b)(1)(B) of this rule.

(C) Under Florida Rule of Appellate Procedure
9.140(f)(6), the clerk of the circuit court shall supplement the
appellate record with the motion, the order, any amended
disposition, and, if designated, a transcript of any additional portion
of the proceedings.