RULE 8.240. COMPUTATION, CONTINUANCE, EXTENSION,
AND ENLARGEMENT OF TIME

(a) Computation. Computation of time is governed by
Florida Rule of General Practice and Judicial Administration 2.514,
except for rules 8.300 and 8.305, to which rule 2.514(a)(2)(C) does
not apply and the statutory time period governs.

(b) Enlargement of Time. When these rules, a notice given
under them, or a court order require or allow an act to be done at or
within a specified time, the court has discretion to enlarge the time
or excuse an otherwise untimely act only for good cause, within the
limits established by law, and subject to subdivision (d) of this rule,
as follows:

(1) If a request for enlargement is made before the
expiration of the period originally prescribed or as extended by a
previous order, the court may grant the request with or without
notice.

(2) If the time has expired, the court may permit the act
to be done outside the specified time, if the movant gives notice and
demonstrates excusable neglect.
However, the court may not, except as provided by law or elsewhere
in these rules, extend the time for making a motion for new trial, for
rehearing, or vacation of judgment, or for taking an appeal. This
rule does not apply to shelter hearings.

(c) Time for Service of Motions and Notice of Hearing. A
copy of any written motion that may not be heard ex parte and a
copy of the notice of hearing must be served a reasonable time
before the time specified for the hearing.

(d) Continuances and Extensions of Time.

(1) A motion for continuance, extension, or waiver of
the time standards provided by law and found in this rule must be
in writing and signed by the requesting party. On a showing of good
cause, the court must allow a motion for continuance or extension
to be made orally at any time during the proceedings.

(2) A motion for continuance, extension, or waiver of
the time standards provided by law must not be made in advance of
the particular circumstance or need that would warrant delay of the
proceedings.

(3) A motion for continuance, extension, or waiver of
the time standards provided by law must state all of the facts that
the movant contends entitle the movant to a continuance,
extension, or waiver of time including:

(A) the task that must be completed by the
movant to preserve the rights of a party or the best interests of the
child who is the subject of the proceedings;

(B) the minimum number of days absolutely
necessary to complete this task; and

(C) the total number of days the proceedings have
been continued at the request of any party within any 12-month
period.

(4) These time limitations do not include the following:
(A) Periods of delay resulting from a continuance
granted at the request of the child’s counsel, guardian ad litem, or
attorney ad litem.

(B) Periods of delay because of unavailability of
evidence that is material to the case if the requesting party has
exercised due diligence to obtain the evidence and there are
substantial grounds to believe that the evidence will be available
within 30 days. However, if the requesting party is not prepared to
proceed within 30 days, any other party may move for issuance of
an order to show cause or the court on its own motion may impose
appropriate sanctions, which may include dismissal of the petition.

(C) Periods of delay to allow the requesting party
additional time to prepare the case and additional time is justified
because of an exceptional circumstance.

(D) Reasonable periods of delay necessary to
accomplish notice of the hearing to the parent or legal custodian.

(5) Notwithstanding subdivision (4), proceedings may
not be continued or extended for more than a total of 60 days
within any 12-month period. A continuance or extension of time
standards beyond 60 days in any 12-month period may be granted
only on a finding by the court of extraordinary circumstances and
that the continuance or extension of time standards is necessary to
preserve the constitutional rights of a party or that there is
substantial evidence demonstrating that the child’s best interests
will be affirmatively harmed without the granting of a continuance
or extension of time.