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8.075 Pleas
No written answer to the petition nor any other
pleading need be filed.
(a) Acceptance of Plea. In delinquency cases the
child may plead guilty, nolo contendere, or not guilty.
The court may refuse to accept a plea of guilty or nolo
contendere, and shall not accept either plea without
first determining that the plea is made voluntarily and
with a full understanding of the nature of the allegations
and the possible consequences
of such plea and
that there is a factual basis for such plea.
(b) Plan of Proposed Treatment, Training, or
Conduct.
After the filing of a petition and prior to the
adjudicatory hearing, a plan of proposed treatment,
training, or conduct may be submitted on behalf of
the child in lieu of a plea. The appropriate
agencies of
the Department of Juvenile Justice or other agency as
designated
by the court shall be the supervising agencies
for said plan and the terms and conditions of all
such plans shall be formulated in conjunction with the
supervising
agency involved. The submission of a plan
is not an admission of the allegations of the petition of
delinquency.
If such a plan is submitted the procedure shall be as
follows:
(1) The plan must be in writing, agreed to and
signed in all cases by the state attorney, the child, and,
when represented, by the child’s counsel, and, unless
excused by the court, by the parents or custodian.
An
authorized agent of the supervising agency involved
shall indicate whether the agency recommends
the acceptance
of the plan.
(2) The plan shall contain a stipulation that the
speedy trial rule is waived and shall include the state
attorney’s consent to defer the prosecution of the
petition.
(3) After hearing, which may be waived by
stipulation of the parties and the supervising agency,
the court may accept the plan and order compliance
therewith, or may reject it. If the plan is rejected by the
court, the court shall state on the record the reasons for
rejection.
(4) Violations of the conditions of the plan shall
be presented to the court by motion by the supervising
agency or by any party. If the court, after hearing,
finds a violation has occurred, it may take such action
as is appropriate to enforce the plan, modify the plan
by supplemental agreement, or set the case for hearing
on the original petition.
(5) The plan shall be effective for an indeterminate
period, for such period as is stated therein, or
until the petition is dismissed.
(6) Unless otherwise dismissed, the petition may
be dismissed on the motion of the person submitting
the plan or the supervising agency, after notice of
hearing and a finding of substantial compliance with
the provisions and intent of the plan.
(c) Written Answer. A written answer admitting or
denying the allegations of the petition may be filed by
the child joined by a parent, custodian, or the child’s
counsel. If the answer admits the allegations
of the
petition it must acknowledge that the child has been
advised of the right to counsel, the right to remain
silent, and the possible dispositions available to the
court and shall include a consent to a predispositional
study. Upon the filing of such an answer a hearing for
adjudication or adjudication and disposition shall be
set at the earliest practicable time.
(d) Entry of Plea by Court. If a child stands mute
or pleads evasively, a plea of not guilty shall be entered
by the court.
(e) Withdrawal of Plea. The court may for good
cause shown at any time prior to the beginning of
a disposition hearing permit a plea of guilty to be
withdrawn, and if a finding that the child committed
a delinquent act has been entered thereon, set aside
such finding and allow another plea to be substituted
for the plea of guilty. In the subsequent adjudicatory
hearing the court shall not consider the plea which was
withdrawn as an admission.
(f) Withdrawal of Plea After Drug Court Transfer.
A child who pleads guilty or nolo contendere to a
charge for the purpose of transferring the case, under
section 910.035, Florida Statutes, may file a motion to
withdraw the plea upon successful completion of the
juvenile drug court treatment program.
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