In re Emergency Amendment to the Florida Rules of Juvenile Procedure

It has come to the Court's attention that a conflict exists between section 39.03(6)(a), Florida Statutes (1985), and Florida Rule of Juvenile Procedure 8.040(a). Prior to the enactment of chapter 85-206, both section 39.03 and rule 8.040(a) provided that no child shall be detained without court order for longer than twenty-four hours “excluding Sundays and holidays.” In the 1985 session the legislature repealed the quoted language, thus creating the conflict with rule 8.040(a). We have held that the requirement to hold a juvenile detention hearing within twenty-four hours is a substantive…