IN RE EMERGENCY AMENDMENT TO THE FLORIDA RULES OF JUVENILE PROCEDURE
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The Florida Supreme Court amended Rule of Juvenile Procedure 8.040(a) to align with a 1985 statutory amendment by restoring the exclusion of Sundays and legal holidays from the twenty-four-hour detention period for juveniles.
A child taken into custody may not be detained longer than twenty-four hours excluding Sundays and legal holidays without a court order following a detention hearing.
[1] The twenty-four-hour detention period for juveniles taken into custody excludes Sundays and legal holidays unless a detention order is issued following a hearing.
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Join FLexlaw to unlock all legal intelligenceChapter 85-206 repealed language in section 39.03(6)(a) that excluded Sundays and holidays from the twenty-four-hour detention period, creating a conf…
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PER CURIAM.
It has come to the Court's attention that a conflict exists between section 39.03(6)(a), Florida Statutes (1985), and Florida Rule of Juvenile Procedure 8.040(a). Prior to the enactment of chapter 85-206, both section 39.03 and rule 8.040(a) provided that no child shall be detained without court order for longer than twenty-four hours “excluding Sundays and holidays.” In the 1985 session the legislature repealed the quoted language, thus creating the conflict with rule 8.040(a). We have held that the requirement to hold a juvenile detention hearing within twenty-four hours is a substantive matter that is within the prerogative of the legislature. Department of Health and Rehabilitative Services v. Golden, 350 So. 2d 344 (Fla.1976). Therefore the statute must take precedence over rule 8.040(a), which we hereby amend to provide as follows:
(a) Time Limitation. No child taken into custody shall be detained, as a result of the incident for which he is taken into custody, longer than twenty-four hoursT excluding Sundays-and legal holidays, unless a detention order so directing is made by the judge upon a petition therefor and following a hearing.
This amendment is to be effective immediately.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, McDONALD and SHAW, JJ., concur.
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THE Florida BAR v. Germain, 957 So. 2d 613 (Fla. 2007)…03). A referee’s failure to find that an aggravating factor or mitigating factor applies is due the same deference. See Fla. Bar v. Morse, 784 So. 2d 414, 415-16 (Fla.2001); Fla. Bar v. Bustamante, 662 So. 2d 687, 687 (Fla.1995); Fla. Bar v. Hecker, 475 So. 2d 1240, 1242 (Fla.1985). Germain fails to meet his burden. Competent, substantial evidence supports the referee’s findings. As to the mitigating factor that other penalties already have been imposed, Germain paid Cardona $15,000 to settle an attorney’s fe…
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THE Florida BAR v. Stalnaker, 485 So. 2d 815 (Fla. 1986)…tation of the referee’s report. A referee’s findings of fact are presumed to be correct and should be upheld unless clearly erroneous or lacking in evidentiary support. The Florida Bar v. Price, 478 So. 2d 812 (Fla.1985); The Florida Bar v. Hecker, 475 So. 2d 1240 (Fla.1985). The evidence presented before the referee boils down to a credibility contest between Stalnaker and Jones. The referee listened to and observed both of them, and, as our fact finder, resolved the conflicts in the evidence. See The Florid…
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THE Florida BAR v. Arcia, 848 So. 2d 296 (Fla. 2003)…the record. See Florida Bar v. Summers, 728 So. 2d 789, 741 (Fla.1999). This standard applies in reviewing a referee’s findings of mitigation and aggravation. See, e.g., Florida Bar v. Wolis, 783 So. 2d 1057, 1059 (Fla.2001); Florida Bar v. Hecker, 475 So. 2d 1240, 1242 (Fla.1985). Having reviewed the record below, we conclude that the referee’s findings of aggravators and mitigators are supported by the record and are not clearly erroneous. Accordingly, we approve the referee’s findings. B. Recommended disc…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Golden, 350 So. 2d 344 (Fla. 1976)