R. L. H. v. State

We are asked to decide which of two triggering events — one specified in Rule 8.110(e), Fla.R.Juv.P., and another set forth in Section 39.05(6), Florida Statutes (Supp. 1980) — should be used to compute the forty-five day time period for filing a delinquency petition. Because Section 39.05(6), Florida Statutes (Supp.1980), grants substantive rights, we hold that it supersedes Rule 8.110(e), Fla.R.Juv.P., to the extent that they conflict.1

*1106Both the statute and the rule establish a forty-five day period for filing a delinquency petition. The statute, however, utilizes the date a child is taken…