Fla. R. Juv. P. 8.530

(a) Duty of the Court to Advise. At the conclusion of the

termination of parental rights adjudicatory hearing, the court must

orally inform the parents who are represented by an attorney of the

right to appeal an order terminating parental rights to the district

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

claiming that an attorney provided ineffective assistance if the court

enters an order terminating parental rights. In addition, the written

order terminating parental rights must include a brief statement

informing the parents of the right to file a motion claiming

ineffective assistance of counsel and a brief explanation of the

procedure for filing the motion.

(b) Duty of Attorney to Advise. After entry of an order

terminating parental rights, an attorney must discuss appellate

remedies with the parent and determine whether the parent elects

to appeal the order terminating parental rights. The attorney must

also inquire whether the parent intends to file a motion claiming

ineffective assistance of counsel. If the parent states an intention to

file a motion claiming ineffective assistance of counsel, then the

attorney must immediately seek withdrawal pursuant to these

rules.

(c) Motion and Jurisdiction. After the court has entered a

written order terminating parental rights, a parent may file a

motion in the circuit court claiming that the parent’s attorney

provided ineffective assistance. If a notice of appeal of the order

terminating parental rights is filed, the trial court continues to have

jurisdiction to consider a motion claiming ineffective assistance of

counsel.

(d) Court-Appointed Attorney.

(1) An indigent parent is not entitled to a court-appointed attorney to assist the parent in preparing, filing, or

litigating a motion claiming ineffective assistance of counsel.

However, the parent may independently obtain an attorney to

represent the parent in pursuing the motion.

(2) An indigent parent is otherwise entitled to a court-appointed attorney as provided by law in both the trial and

appellate court in a termination of parental rights proceeding, and

is entitled to a court-appointed attorney concerning appellate review

of the trial court’s order on the motion for ineffective assistance of

counsel.

(e) Time Limitations. A motion claiming ineffective

assistance of counsel must be filed within 20 days of the date the

court entered the written order terminating parental rights.

(f) Toll of Time for Appeal. The timely filing of a motion

claiming ineffective assistance of counsel tolls rendition of the order

terminating parental rights for purposes of appeal until the circuit

court enters an order on the motion or for 50 days from the date the

court entered the written order terminating parental rights,

whichever occurs first.

(g) Contents of Motion.

(1) The motion must be in writing and under oath

stating that all of the facts stated are true and correct.

(2) The motion must contain the case name and

number and identify the date the written order terminating parental

rights was entered.

(3) The motion must contain the current mailing

address and e-mail address, if any, and the phone number(s) of the

parent filing the motion for the purpose of receiving notices and

orders.

(4) The motion must identify specific acts or omissions

in the attorney’s representation of the parent during the

termination of parental rights proceedings that constituted a failure

to provide reasonable, professional assistance and explain how the

acts or omissions prejudiced the parent’s case to such an extent

that but for counsel’s deficient performance the parent’s rights

would not have been terminated.

(h) Amendments to Motion. If the motion claiming

ineffective assistance of counsel is timely filed, the parent may file

amended motions without permission of the court within 20 days

from the date the court entered the written order terminating

parental rights. The court may order the moving parent to file an

amended motion as provided in this rule.

(i) Delivery of Motion to Judge. On filing of the motion,

the clerk of court must immediately provide the motion and court

file to the judge who entered the order terminating parental rights.

(j) Response to Motion. No answer or responsive pleading

is required from any other party to the termination of parental

rights proceeding.

(k) Service of the Motion. The parent claiming ineffective

assistance of counsel must serve the motion on all parties to the

termination of parental rights proceeding and to the attorney the

parent claims provided ineffective assistance.

(l) Summary Denial of Motion.

(1) Untimely Motion. The court must enter an order

within 5 days from the date the motion or amended motion was

filed summarily denying with prejudice any motion filed after the

20-day limitation for filing. The order shall be considered the final

order for purposes of appeal.

(2) Insufficient Motion. If the motion or amended motion

is legally insufficient as alleged, the court may enter an order

summarily denying the motion within 5 days from the date the

motion or amended motion was filed. A motion is legally insufficient

when the allegations of ineffective assistance of counsel during the

termination of parental rights proceedings, if taken as true, did not

prejudice the parent’s case to such an extent that but for counsel’s

deficient performance the parent’s rights would not have been

terminated. The order denying a motion as legally insufficient must

set forth the basis for the conclusion the motion is legally

insufficient. The court must not summarily deny a motion as

insufficient for reasons other than legally insufficient allegations

claiming ineffective assistance of counsel. If the court denies the

motion as legally insufficient and does not direct the filing of an

amended motion, then the order shall be considered the final order

for purposes of appeal.

(m) Order for Amended Motion. If the motion or amended

motion is legally insufficient as alleged, the court may enter an

order within 5 days from the date the motion, or amended motion,

was filed authorizing the moving parent to file an amended motion

within 10 days of the date of the written order permitting

amendment.

(n) Evidentiary Hearing on Motion.

(1) Scheduling of Hearing. If the motion is timely and, in

the court’s opinion, contains sufficient allegations, the court must

conduct an evidentiary hearing as expeditiously as possible in light

of the other time limitations in this rule.

(2) Notice of Hearing. The court must issue a notice of

the hearing on the motion to the parties and participants of the

termination of parental rights proceeding and to the attorney who

the parent claimed provided ineffective assistance. The notice must

state the issues to be determined and that the moving parent is

required to present evidence at the hearing on the motion.

(3) Record of Termination of Parental Rights

Adjudicatory Hearing. If necessary, the court may order an

expedited record for review, which may include an electronic

recording in lieu of a transcript, of the termination of parental

rights adjudicatory hearing. If the judge conducting the motion

hearing is different from the judge who presided at the termination

of parental rights adjudicatory hearing, the court must order an

expedited record for review, which may include an electronic

recording in lieu of a transcript, of the termination of parental

rights adjudicatory hearing.

(4) Burden to Present Evidence and Proof. At the

evidentiary hearing, the moving parent has the burden of

presenting evidence and the burden of proving specific acts or

omissions of an attorney’s representation of the parent during the

termination of parental rights proceedings that constituted a failure

to provide reasonable, professional assistance, and how the errors

or omissions prejudiced the parent’s case to such an extent that

but for counsel’s deficient performance the parent’s rights would

not have been terminated. All other parties may present evidence

regarding the claims raised.

(5) Order from Evidentiary Hearing. At the conclusion of

the hearing on the motion, the court must enter an order granting

or denying the motion within 5 days from the evidentiary hearing.

(A) Grant of Motion. If the court determines that

the attorney during the termination of parental rights proceedings

failed to provide reasonable, professional assistance and that the

errors or omissions prejudiced the parent’s case to such an extent

that but for counsel’s deficient performance the parent’s rights

would not have been terminated, the court must enter an order

granting the motion stating the reasons for granting the motion and

vacating the order terminating parental rights without prejudice. In

the order, the court must schedule an adjudicatory hearing on the

petition for termination of parental rights to take place no later than

45 days from the order granting the motion. The court must then

appoint an attorney to represent the parent in further proceedings,

as provided by law.

(B) Denial of Motion. If the court determines that

the attorney during the termination of parental rights proceedings

provided reasonable, professional assistance or determines that no

errors or omissions prejudiced the parent’s case in the termination

proceedings to such an extent that but for counsel’s deficient

performance the parent’s rights would not have been terminated,

the court must enter an order denying the motion, stating the

reasons for denial. The order resolves all the claims raised in the

motion and shall be considered the final order for purposes of

appeal.

(o) Failure to Enter Order. If the court does not enter an

order granting or denying the motion within 50 days from the date

the court entered the written order terminating parental rights, the

motion shall be deemed denied with prejudice.

(p) Service of Order. The clerk of the court must serve any

order entered under this rule on the parties, including to the

moving parent at the parent’s address on file with the clerk, within

48 hours from the rendition of the order indicating the date of

service by an appropriate certificate of service.

(q) Successive Motions. No second or successive motion

claiming ineffective assistance of counsel shall be allowed except as

provided in this rule. No motion for rehearing shall be allowed in

response to the court’s ruling on the motion claiming ineffective

assistance of counsel.

(r) Appeals. Florida Rule of Appellate Procedure 9.146

applies to the appeal of an order on a motion claiming ineffective

assistance of counsel in termination of parental rights proceedings.