Fl. R. Juv. P. 8.120

As amended through November 4, 2024
Rule 8.120 - POST-DISPOSITION HEARING
(a)Revocation of Juvenile Probation.
(1) A child who has been placed on juvenile probation may be brought before the court upon allegations of violation(s).
(2) Any proceeding alleging a violation shall be initiated by the filing of a sworn affidavit of the material facts supporting the allegation(s). The affidavit shall be executed by the child's juvenile probation officer or other person having actual knowledge of the facts. Copies of the affidavit shall be provided to the court, the state attorney, and the Department of Juvenile Justice.
(3) When revocation proceedings are sought by the state attorney or the Department of Juvenile Justice, the proceedings shall be initiated by the filing of a petition alleging violation of juvenile probation. The petition shall incorporate and reference the affidavit described in subdivision (a)(2). All such petitions must be signed and filed by legal counsel.
(4) The court may initiate revocation proceedings by the entry of an order initiating revocation proceedings. The order must incorporate and reference the affidavit described in subdivision (a)(2).
(5) All interested persons, including the child, shall have an opportunity to be heard. After such hearing, the court shall enter an order revoking, modifying, terminating, or continuing juvenile probation. Upon the revocation of juvenile probation, the court shall, when the child has been placed on juvenile probation and adjudication has been withheld, adjudicate the child delinquent. In all cases after a revocation of juvenile probation, the court shall enter a new disposition order.
(b)Retention of Authority over Discharge. When the court has retained authority over discharge of a delinquent child from placement or commitment as provided by law, prior to any discharge from placement or commitment, the Department of Juvenile Justice shall notify the court, the state attorney, the victim of the offense or offenses for which the child was placed under supervision of the department, and the child of its intention to discharge the child. Thereafter, any interested party may request a hearing, within the time prescribed by law, to address the discharge.

Fl. R. Juv. P. 8.120

Amended effective 7/1/2023; amended by 783 So.2d 138, effective 1/1/2001; amended by 684 So.2d 756, effective 1/1/1997; amended by 649 So.2d 1370, effective 1/26/1995; amended by 589 So.2d 818, effective 7/1/1991; amended by 530 So.2d 920, effective 1/1/1989; amended by 462 So.2d 399, effective 1/1/1985; amended by 393 So.2d 1077, effective 1/1/1981.