Fla. R. Juv. P. 8.525

(a) Hearing by Judge. The adjudicatory hearing must be

conducted by the judge without a jury using the rules of evidence

for civil cases. At this hearing the court must determine whether

the elements required by law for termination of parental rights have

been established by clear and convincing evidence.

(b) Time of Hearing. The adjudicatory hearing must be held

within 45 days after the advisory hearing, unless all necessary

parties stipulate to some other hearing date. Reasonable

continuances may be granted for purposes of investigation,

discovery, procuring counsel or witnesses, or for other good cause

shown.

(c) Examination of Witnesses. A party may call any person,

including a child, as a witness. A party has the right to examine or

cross-examine all witnesses.

(d) Presence of Parties. All parties have the right to be

present at all termination hearings. A party may appear in person

or, at the discretion of the court for good cause shown, by

communication technology. No party may be excluded from any

hearing unless so ordered by the court for disruptive behavior or as

provided by law. If a parent appears for the advisory hearing and

the court orders that parent to appear at the adjudicatory hearing

for the petition for termination of parental rights, stating the date,

time, and location of this hearing and, if the hearing will be held

through communication technology, instructions for appearing at

the hearing through communication technology, then failure of that

parent to appear at the adjudicatory hearing constitutes consent for

termination of parental rights.

(e) Examination of Child. The court may hear the

testimony of the child outside the physical presence of the parties

as provided by rule 8.255. Counsel for the parties must be present

during all examinations. The court may limit the manner in which

counsel examine the child.

(f) Previous Testimony Admissible. To avoid unnecessary

duplication of expenses, in-court testimony previously given at any

properly noticed hearing may be admitted, without regard to the

availability of the witnesses, if the recorded testimony itself is made

available. Consideration of previous testimony does not preclude

the parties from calling the witness to answer supplemental

questions.

(g) Joint and Separate Hearings. When 2 or more children

are the subject of a petition for termination of parental rights, the

hearings may be held simultaneously if the children are related to

each other or involved in the same case, unless the court orders

separate hearings.

(h) Motion for Judgment of Dismissal. In all termination of

parental rights proceedings, if at the close of the evidence for the

petitioner the parents move for a judgment of dismissal and the

court is of the opinion that the evidence is insufficient to sustain

the grounds for termination alleged in the petition, it must enter an

order denying the termination and proceed with dispositional

alternatives as provided by law.

(i) Advisement of Right to Appeal and File Ineffective

Assistance of Counsel Motion. At the conclusion of the

adjudicatory hearing, the court must orally inform the parents of

the right to appeal any order terminating parental rights to the

district court of appeal and the right to file a motion in the circuit

court claiming that counsel provided ineffective assistance.

(j) Order.

(1) Terminating Parental Rights.

(A) If the court finds after all of the evidence has

been presented that the elements and one of the grounds for

termination of parental rights have been established by clear and

convincing evidence, the court must enter a written order

terminating parental rights and proceed with dispositional

alternatives as provided by law within 30 days after conclusion of

the adjudicatory hearing.

(B) The order must contain the findings of fact and

conclusions of law on which the decision was based. The court

must include the dates of the adjudicatory hearing in the order.

(C) The order must include a brief statement

informing the parents of the right to appeal the order to the district

court of appeal and the right to file a motion in the circuit court

alleging that counsel provided ineffective assistance and a brief

explanation of the procedure for filing such a claim.

(D) The parties may stipulate, or the court may

order, that parents or relatives of the parent whose rights are

terminated be allowed to maintain some contact with the child. If

the court orders continued contact, the nature and frequency of

this contact must be stated in a written order. The visitation order

may be reviewed on motion of any party, including a prospective

adoptive parent, and must be reviewed by the court at the time the

child is placed for adoption.

(2) Denying Termination of Parental Rights. If the court

finds after all of the evidence has been presented that the grounds

for termination of parental rights have not been established by clear

and convincing evidence, but that the grounds for dependency have

been established by a preponderance of the evidence, the court

must adjudicate or readjudicate the child dependent and proceed

with dispositional alternatives as provided by law.

(3) Dismissing Petition. If the court finds after all of the

evidence has been presented that the allegations in the petition do

not establish grounds for dependency or termination of parental

rights, it must enter an order dismissing the petition.