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FL · rules

Fla. R. Juv. P. 8.110

Adjudicatory Hearings

activein force · 2026-01-01 – presentact-effective-date

(a) Appearances; Pleas. The child must appear before the

court at the times set and, unless a written plea has been filed,

enter a plea of guilty, not guilty, or, with the consent of the court,

nolo contendere.

(b) Preparation of Case. If the child pleads not guilty the

court may proceed at once to an adjudicatory hearing, or may

continue the case to allow sufficient time on the court calendar for a

hearing or to give the state or the child a reasonable time for the

preparation of the case.

(c) Trial by Court. The adjudicatory hearing must be

conducted by the judge without a jury. At this hearing, the court

determines whether the allegations of the petition have been

sustained.

(d) Joint and Separate Trials. When 2 or more children are

alleged to have committed a delinquent act or violation of law, they

must be tried jointly unless the court in its discretion orders

separate trials.

(e) Testimony. The child may choose to be sworn as a

witness and testify in his or her own behalf. The child may be cross-examined as other witnesses. No child can be compelled to give

testimony against himself or herself, nor any prosecuting attorney

be permitted to comment on the failure of the child to testify in his

or her own behalf. A child offering no testimony on his or her own

behalf except his or her own is entitled to an initial closing

argument and a rebuttal closing argument following the closing

argument of the State.

(f) Motion for Judgment of Dismissal. If, at the close of

the evidence for the petitioner or at the close of all the evidence in

the cause, the court is of the opinion that the evidence is

insufficient to establish a prima facie case of guilt against the child,

it may, or on the motion of the state attorney or the child must,

enter an order dismissing the petition for insufficiency of the

evidence. A motion for judgment of dismissal is not waived by

subsequent introduction of evidence on behalf of the child. The

motion must fully set forth the grounds on which it is based.

(g) Dismissal. If the court finds that the allegations in the

petition are not proven beyond a reasonable doubt, it must enter an

order dismissing the case.

(h) Degree of Offense. If in a petition there is alleged an

offense which is divided into degrees, the court may find the child

committed an offense of the degree alleged or of any lesser degree

supported by the evidence.

(i) Specifying Offense Committed. If in a petition more

than one offense is alleged the court must state in its order which

offense or offenses it finds the child committed.

(j) Lesser Included Offenses. On a petition on which the

child is to be tried for any offense, the court may find the child

committed:

(1) an attempt to commit the offense, if such attempt is

an offense and is supported by the evidence; or

(2) any offense that as a matter of law is a necessarily

included offense or a lesser included offense of the offense charged

in the petition and is supported by the evidence.

(k) Dispositional Alternatives. If the court finds that the

evidence proved the allegations of the petition beyond a reasonable

doubt, it may enter an order of adjudication or withhold

adjudication as provided by law. If the pre-disposition report

required by law is available, the court may proceed immediately to

disposition or continue the case for a disposition hearing. If the

report is not available, the court will continue the case for a

disposition hearing and refer it to the appropriate agency or

agencies for a study and recommendation. If the case is continued

the court may order the child detained.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
2caaac0060d0747eebbebcc41719e3f82e31d437b524f3cd9a727603f92d52a5
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Fla. R. Juv. P. 8.110 — Adjudicatory Hearings · binding.law