Florida Juvenile Procedure Rule 8.205
RULE 8.205. TRANSFER OF CASES
(a) Transfer of Cases Within Circuit Court. If it should
appear at any time in a proceeding initiated in a division other than
the division of the circuit court assigned to handle dependency
matters that facts are alleged that essentially constitute a
dependency or the termination of parental rights, the court may
upon consultation with the administrative judge assigned to
dependency cases order the transfer of action and the transmittal of
all relevant documents to the division assigned to handle
dependency matters. The division assigned to handle dependency
matters shall then assume jurisdiction only over matters pertaining
to dependency, custody, visitation, and child support.
(b) Transfer of Cases Within the State of Florida. The
court may transfer any case at any point during the proceeding
after adjudication, when adjudication is withheld, or before
adjudication where witnesses are available in another jurisdiction,
to the circuit court for the county in which is located the domicile or
usual residence of the child or such other circuit as the court may
determine to be for the best interest of the child and to promote the
efficient administration of justice. The transferring court must enter
an order transferring its jurisdiction and certifying the case to the
proper court, furnishing all parties, the clerk, and the attorney’s
office handling dependency matters for the state in the receiving
court a copy of the order of transfer within 5 days. The clerk must
also transmit a certified copy of the file to the receiving court within
5 days.
(c) Transfer of Cases Among States. If it should appear at
any time that an action is pending in another state, the court may
transfer jurisdiction over the action to a more convenient forum
state, may stay the proceedings, or may dismiss the action.
Committee Notes
1992 Amendment. Plans under rule 8.327 were deleted in the
1991 revision to the rules, but are being reinstated as “stipulations”
in the 1992 revisions. This change corrects the cross-reference.
Editor’s Note
On October 18, 2012, the Supreme Court of Florida issued a
revised opinion in case number SC11-399, which was originally
issued on June 21, 2012. See In re Amendments to the Florida Rules
of Judicial Administration, 102 So. 3d 451(Fla. 2012). The opinion
provides in relevant part:
“First, the new electronic filing requirements the Courts
adopts will become effective in the civil, probate, small claims, and
family law divisions of the trial courts, as well as for appeals to the
circuit courts in these categories of cases, on April 1, 2013, at
12:01 a.m., except as may be otherwise provided by administrative
order. Electronic filing will be mandatory in these divisions
pursuant to rule 2.525 on that date. However, until the new rules
take effect in these divisions, any clerk who is already accepting
documents filed by electronic transmission under the current rules
should continue to do so; attorneys in these counties are
encouraged to file documents electronically under the current rules.
“Next, the new electronic filing requirements the Court adopts
will become effective in the criminal, traffic, and juvenile divisions of
the trial courts, as well as for appeals to the circuit court in these
categories of cases, on October 1, 2013, at 12:01 a.m., except as
may be otherwise provided by administrative order. Electronic filing
will be mandatory in these divisions under rule 2.525 on that date.
The new e-filing requirements, as they apply in proceedings brought
pursuant to the Florida Mental Health Act (Baker Act), Chapter 394,
Part I, Florida Statutes, and the Involuntary Commitment of
Sexually Violent Predators Act (Jimmy Ryce), Chapter 394, Part V,
Florida Statutes, will also not be mandatory in these cases until
October 1, 2013. As stated above, until the new rules take effect in
these divisions and proceedings, any clerk who is already accepting
electronically filed documents under the current rules should
continue to do so; attorneys are again encouraged to utilize existing
electronic filing procedures under the current rules.
“However, until the new rules and procedures take effect in
the district courts, any clerk who is already accepting documents
filed by electronic transmission may continue to do so; attorneys in
these districts are encouraged to file documents electronically.
Clerks will not be required to electronically transmit the record on
appeal until July 1, 2013, at 12:01 a.m. Until July 1, we encourage
clerks, whenever possible, to electronically transmit the record
under the new rules and requirements.
“(W)e note that, in all types of cases, pursuant to amended
rule 2.525(d) self-represented parties and self-represented
nonparties, including nonparty governmental or public agencies,
and attorneys excused from e-mail service under Florida Rule of
Judicial Administration 2.516 will be permitted, but nor required,
to file documents electronically.
By order of November 28, 2012, in case number SC11-399,
the Court released a revised implementation schedule, which
provides, in pertinent part: “The e-filing rules adopted in the
October 2012 opinion will be mandatory in this (Supreme) Court on
February 27, 2013, at 12:01 a.m.; and effective earlier on a
voluntary basis as will be indicated by further administrative order
of the chief justice.
“Thereafter, the e-filing rules will be mandatory in the Second
District Court of Appeal on July 22, 2013, at 12:01 a.m.; in the
Third District Court of Appeal on September 27, 2013, at 12:01
a.m.; in the Fourth District Court of Appeal on October 31, 2013, at
12:01 a.m.; in the Fifth District Court of Appeal on November 27,
2013 at 12:01 a.m.; and in the First District Court of Appeal on
December 27, 2013, at 12:01 a.m., unless made mandatory earlier
by the chief judge of the applicable district court of appeal. The e-
filing rules will be effective earlier on a voluntary trial basis in the
district courts of appeal as will be indicated by further
administrative order by the chief judge of the applicable district
court.”
(a) Transfer of Cases Within Circuit Court. If it should
appear at any time in a proceeding initiated in a division other than
the division of the circuit court assigned to handle dependency
matters that facts are alleged that essentially constitute a
dependency or the termination of parental rights, the court may
upon consultation with the administrative judge assigned to
dependency cases order the transfer of action and the transmittal of
all relevant documents to the division assigned to handle
dependency matters. The division assigned to handle dependency
matters shall then assume jurisdiction only over matters pertaining
to dependency, custody, visitation, and child support.
(b) Transfer of Cases Within the State of Florida. The
court may transfer any case at any point during the proceeding
after adjudication, when adjudication is withheld, or before
adjudication where witnesses are available in another jurisdiction,
to the circuit court for the county in which is located the domicile or
usual residence of the child or such other circuit as the court may
determine to be for the best interest of the child and to promote the
efficient administration of justice. The transferring court must enter
an order transferring its jurisdiction and certifying the case to the
proper court, furnishing all parties, the clerk, and the attorney’s
office handling dependency matters for the state in the receiving
court a copy of the order of transfer within 5 days. The clerk must
also transmit a certified copy of the file to the receiving court within
5 days.
(c) Transfer of Cases Among States. If it should appear at
any time that an action is pending in another state, the court may
transfer jurisdiction over the action to a more convenient forum
state, may stay the proceedings, or may dismiss the action.
Committee Notes
1992 Amendment. Plans under rule 8.327 were deleted in the
1991 revision to the rules, but are being reinstated as “stipulations”
in the 1992 revisions. This change corrects the cross-reference.
Editor’s Note
On October 18, 2012, the Supreme Court of Florida issued a
revised opinion in case number SC11-399, which was originally
issued on June 21, 2012. See In re Amendments to the Florida Rules
of Judicial Administration, 102 So. 3d 451(Fla. 2012). The opinion
provides in relevant part:
“First, the new electronic filing requirements the Courts
adopts will become effective in the civil, probate, small claims, and
family law divisions of the trial courts, as well as for appeals to the
circuit courts in these categories of cases, on April 1, 2013, at
12:01 a.m., except as may be otherwise provided by administrative
order. Electronic filing will be mandatory in these divisions
pursuant to rule 2.525 on that date. However, until the new rules
take effect in these divisions, any clerk who is already accepting
documents filed by electronic transmission under the current rules
should continue to do so; attorneys in these counties are
encouraged to file documents electronically under the current rules.
“Next, the new electronic filing requirements the Court adopts
will become effective in the criminal, traffic, and juvenile divisions of
the trial courts, as well as for appeals to the circuit court in these
categories of cases, on October 1, 2013, at 12:01 a.m., except as
may be otherwise provided by administrative order. Electronic filing
will be mandatory in these divisions under rule 2.525 on that date.
The new e-filing requirements, as they apply in proceedings brought
pursuant to the Florida Mental Health Act (Baker Act), Chapter 394,
Part I, Florida Statutes, and the Involuntary Commitment of
Sexually Violent Predators Act (Jimmy Ryce), Chapter 394, Part V,
Florida Statutes, will also not be mandatory in these cases until
October 1, 2013. As stated above, until the new rules take effect in
these divisions and proceedings, any clerk who is already accepting
electronically filed documents under the current rules should
continue to do so; attorneys are again encouraged to utilize existing
electronic filing procedures under the current rules.
“However, until the new rules and procedures take effect in
the district courts, any clerk who is already accepting documents
filed by electronic transmission may continue to do so; attorneys in
these districts are encouraged to file documents electronically.
Clerks will not be required to electronically transmit the record on
appeal until July 1, 2013, at 12:01 a.m. Until July 1, we encourage
clerks, whenever possible, to electronically transmit the record
under the new rules and requirements.
“(W)e note that, in all types of cases, pursuant to amended
rule 2.525(d) self-represented parties and self-represented
nonparties, including nonparty governmental or public agencies,
and attorneys excused from e-mail service under Florida Rule of
Judicial Administration 2.516 will be permitted, but nor required,
to file documents electronically.
By order of November 28, 2012, in case number SC11-399,
the Court released a revised implementation schedule, which
provides, in pertinent part: “The e-filing rules adopted in the
October 2012 opinion will be mandatory in this (Supreme) Court on
February 27, 2013, at 12:01 a.m.; and effective earlier on a
voluntary basis as will be indicated by further administrative order
of the chief justice.
“Thereafter, the e-filing rules will be mandatory in the Second
District Court of Appeal on July 22, 2013, at 12:01 a.m.; in the
Third District Court of Appeal on September 27, 2013, at 12:01
a.m.; in the Fourth District Court of Appeal on October 31, 2013, at
12:01 a.m.; in the Fifth District Court of Appeal on November 27,
2013 at 12:01 a.m.; and in the First District Court of Appeal on
December 27, 2013, at 12:01 a.m., unless made mandatory earlier
by the chief judge of the applicable district court of appeal. The e-
filing rules will be effective earlier on a voluntary trial basis in the
district courts of appeal as will be indicated by further
administrative order by the chief judge of the applicable district
court.”