Florida Florida Statutes
§ 39.502 — Notice, process, and service
FS § 39.502Ch. 39
Statute text
View on source(1)Unless parental rights have been terminated, all parents must be notified of all proceedings or hearings involving the child. Notice in cases involving shelter hearings and hearings resulting from medical emergencies must be provided in the manner most likely to result in actual notice to the parents. A party may consent to service or notice by e-mail by providing a primary e-mail address to the clerk of the court. In all other dependency proceedings, notice must be provided in accordance with subsections (4)-(9), except when a relative requests notification pursuant to s. 39.301(14)(b), in which case notice shall be provided pursuant to subsection (19).
(2)Personal appearance of any person in a hearing before the court obviates the necessity of serving process on that person.
(3)Upon the filing of a petition containing allegations of facts which, if true, would establish that the child is a dependent child, and upon the request of the petitioner, the clerk or deputy clerk shall issue a summons.
(4)The summons must require the person on whom it is served to appear for a hearing at a time and place specified, not less than 72 hours after service of the summons. If applicable, the summons must also include instructions for appearing at the hearing through audio or audio-video communication technology. A copy of the petition shall be attached to the summons.
(5)The summons must be directed to, and served upon, all parties other than the petitioner. A party may consent to service by e-mail by providing a primary e-mail address to the clerk of the court.
(6)It is the duty of the petitioner or moving party to notify all participants and parties known to the petitioner or moving party of all hearings subsequent to the initial hearing unless notice is contained in prior court orders and these orders were provided to the participant or party. Proof of notice or provision of orders may be provided by certified mail with a signed return receipt.
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Legislative history
s. 20, ch. 78-414; s. 2, ch. 83-255; s. 6, ch. 92-170; s. 9, ch. 94-164; s. 4, ch. 97-276; s. 63, ch. 98-403; s. 26, ch. 99-193; s. 20, ch. 2000-139; s. 1, ch. 2002-65; s. 9, ch. 2008-245; s. 8, ch. 2009-43; s. 17, ch. 2012-178; s. 1, ch. 2013-162; s. 4, ch. 2023-302; s. 18, ch. 2024-70.