Fla. R. Juv. P. 8.135

(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.