Florida Statute 39.502 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.502

39.502 Notice, process, and service.—

(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.

(7) Service of the summons and service of pleadings, papers, and notices subsequent to the summons on persons outside this state must be made pursuant to s. 61.509.

(8) It is not necessary to the validity of a proceeding covered by this part that the parents be present if their identity or residence is unknown after a diligent search has been made; however, the petitioner must file an affidavit of diligent search prepared by the person who made the search and inquiry, and the court must appoint a guardian ad litem for the child if a guardian ad litem has not previously been appointed.

(9) When an affidavit of diligent search has been filed under subsection (8), the petitioner shall continue to search for and attempt to serve the person sought until excused from further search by the court. The petitioner shall report on the results of the search at each court hearing until the person is identified or located or further search is excused by the court.

(10) Service by publication shall not be required for dependency hearings and the failure to serve a party or give notice to a participant shall not affect the validity of an order of adjudication or disposition if the court finds that the petitioner has completed a diligent search for that party.

(11) Upon the application of a party or the petitioner, the clerk or deputy clerk shall issue, and the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of records, documents, and other tangible objects at any hearing.

(12) All process and orders issued by the court shall be served or executed as other process and orders of the circuit court and, in addition, may be served or executed by authorized agents of the department or the guardian ad litem.

(13) Subpoenas may be served within the state by any person over 18 years of age who is not a party to the proceeding and, in addition, may be served by authorized agents of the department or the guardian ad litem.

(14) No fee shall be paid for service of any process or other papers by an agent of the department or the guardian ad litem. If any process, orders, or any other papers are served or executed by any sheriff, the sheriff’s fees shall be paid by the county.

(15) A party who is identified as a person who has a mental illness or a developmental disability must be informed by the court of the availability of advocacy services through the department, the Arc of Florida, or other appropriate mental health or developmental disability advocacy groups and encouraged to seek such services.

(16) If the party to whom an order is directed is present or represented at the final hearing, service of the order is not required.

(17) The parent or legal custodian of the child, the attorney for the department, the guardian ad litem, the foster or preadoptive parents, and all other parties and participants shall be given reasonable notice of all proceedings and hearings provided for under this part. All foster or preadoptive parents must be provided with at least 72 hours’ notice, verbally or in writing, of all proceedings or hearings relating to children in their care or children they are seeking to adopt to ensure the ability to provide input to the court.

(18) In all proceedings under this part, the court shall provide to the parent or legal custodian of the child, at the conclusion of any hearing, a written notice containing the date of the next scheduled hearing. The court shall also include the date of the next hearing in any order issued by the court. If the hearing is to be conducted through audio or audio-video communication technology, the instructions for appearance must also be included.

(19) In all proceedings and hearings under this chapter, the attorney for the department shall notify, orally or in writing, a relative requesting notification pursuant to s. 39.301(14)(b) of the date, time, and location of such proceedings and hearings and, if applicable, the instructions for appearance through audio or audio-video communication technology, and notify the relative that he or she has the right to attend all subsequent proceedings and hearings, to submit reports to the court, and to speak to the court regarding the child, if the relative so desires. The court has the discretion to release the attorney for the department from notifying a relative who requested notification pursuant to s. 39.301(14)(b) if the relative’s involvement is determined to be impeding the dependency process or detrimental to the child’s well-being.

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.

Note.—Former s. 39.405.

F.S. 39.502 on Google Scholar

F.S. 39.502 on Casetext

Amendments to 39.502

Arrestable Offenses / Crimes under Fla. Stat. 39.502

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.502.

Annotations, Discussions, Cases:

Cases Citing Statute 39.502

Total Results: 20

In Re: Amendments to Florida Rules of Juvenile Procedure - 2023 Legislation

Court: Fla. | Date Filed: 2023-12-07T00:00:00-08:00

Snippet: reflect changes to sections 39.013, 39.0131, 39.402, 39.502, 39.506, 39.521, and 39.801, Florida Statutes,

C. J. L-M, THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-06T00:53:00-07:00

Snippet: of process was not required pursuant to section 39.502(2), Florida Statutes (2018). As she was advised…counsel. The Department contended under section 39.502(2), Florida Statutes, appearance at any hearing…Florida Rule of Juvenile Procedure 8.225 and section 39.502, Florida Statutes, the clerk was required to issue…obviated the need for service of process. Section 39.502(2), Florida Statutes, provides that, “Personal …dependency. The mother argues that section 39.502(2) should not be construed as obviating the need

K.M. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-21T00:00:00-07:00

Citation: 201 So. 3d 1242, 2016 Fla. App. LEXIS 15735

Snippet: DCA 2012), this court observed that “[sjection 39.502(1) and (4)-(9), Florida Statutes (2011), requires

J.B., Etc. v. Florida Department of Children and Families

Court: Fla. | Date Filed: 2015-07-09T00:00:00-07:00

Citation: 170 So. 3d 780, 40 Fla. L. Weekly Supp. 416, 2015 Fla. LEXIS 1473, 2015 WL 4112321

Snippet: availability of advocacy services under section 39.502, Florida Statutes (2011). *789Id. at 658. The First…availability of advocacy services under section 39.502, Florida Statutes (2011). J.B., 158 So.3d at 657

J. B., Mother of: D. L., Minor Child v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-08T00:53:00-07:00

Snippet: availability of advocacy services under section 39.502, Florida Statutes (2011). Although we are

J. B., Mother of: D. L., Minor Child v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-06T00:00:00-07:00

Citation: 158 So. 3d 653

Snippet: availability of advocacy services under section 39.502, Florida Statutes (2011). Although we are

McDaniel v. FirstBank Puerto Rico

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-06T00:00:00-07:00

Citation: 96 So. 3d 926, 2012 Fla. App. LEXIS 10886, 2012 WL 2615785

Snippet: waive requirement of proper service under section 39.502(5)); Panter v. Werbel-Roth Sec., Inc., 406 So.2d

C.K. v. Department of Children & Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-04T00:00:00-07:00

Citation: 88 So. 3d 975, 2012 WL 1557268, 2012 Fla. App. LEXIS 6989

Snippet: , 65 So.3d 605, 607 (Fla. 2d DCA 2011). Section 39.502(1) and (4)-(9), Florida Statutes (2011), requires…violated as were the notice provisions of section 39.502(1) and (4)-(9) and rule 8.255(h), and the trial

In Re Tj

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-20T00:53:00-07:00

Citation: 59 So. 3d 1187

Snippet: on the face of the existing record.[8] Section 39.502(10), Florida Statutes (2010), provides that "…search under Chapter 39 has taken place. Section 39.502 of the Florida Statutes clearly states that until…proceedings or hearings involving a child. ... § 39.502(1), Fla. Stat. (2010) (emphasis added). Section

In the Interest of T.J.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-20T00:00:00-07:00

Citation: 59 So. 3d 1187, 2011 Fla. App. LEXIS 5568

Snippet: search under Chapter 39 has taken place. Section 39.502 of the Florida Statutes clearly states that until…proceedings or hearings involving a child.... § 39.502(1), Fla. Stat. (2010) (emphasis added). Section

L.T. Ex Rel. K.S.L. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-23T00:00:00-08:00

Citation: 48 So. 3d 928, 2010 Fla. App. LEXIS 17984, 2010 WL 4739523

Snippet: service of process requirements set forth in sections 39.502 and 39.503 of the Florida *931 Statutes (2009).

In Re Amendments to the Florida Rules of Juvenile Procedure

Court: Fla. | Date Filed: 2009-03-19T00:00:00-07:00

Citation: 5 So. 3d 665, 34 Fla. L. Weekly Supp. 273, 2009 Fla. LEXIS 413, 2009 WL 702866

Snippet: law, rather than the 2008 amendments to section 39.502(17), Florida Statutes. Chapter 2008-245, section…section 9, Laws of Florida, amended section 39.502(17) to require that "the foster or preadoptive parents… ability to provide input to the court." § 39.502(17), Fla. Stat. (2008). Thus, as DCF points out

In Re Amendments to Fl. Rules of Juvenile Proc.

Court: Fla. | Date Filed: 2008-09-25T00:53:00-07:00

Citation: 992 So. 2d 242

Snippet: 8.968 are in response to amendments to sections 39.502(17), 39.503(6), 39.504, Florida Statutes, made … Florida. Consistent with the change to section 39.502(17), Florida Statutes, subdivision (c) of rule

N.L.E. v. Department of Children & Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 2007-12-14T00:00:00-08:00

Citation: 970 So. 2d 486, 2007 Fla. App. LEXIS 19787

Snippet: provides at least seventy-two hours’ notice. See § 39.502(4). Twenty-four hours’ notice of an advisory hearing…likely to result in actual notice to the parents.” § 39.502(1). N.L.E. had notice of the hearing. And, the

In Re DG

Court: Fla. Dist. Ct. App. | Date Filed: 2007-12-13T23:53:00-08:00

Citation: 970 So. 2d 486

Snippet: at least seventy-two hours' notice. See § 39.502(4). Twenty-four hours' notice of an advisory…result in actual notice to the parents." § 39.502(1). N.L.E. had notice of the hearing. And, the

Nl v. Dept. of Children and Family Servs.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-27T00:53:00-07:00

Citation: 960 So. 2d 810

Snippet: and inquiry for a parent who cannot be located. § 39.502(4)-(9), Fla. Stat. (2006). Personal service is …respondents in the dependency proceeding. Id. § 39.502(3)-(5); Fla. R. Juv. P. 8.225(a)(1).[3] If a respondent…appoint a guardian ad litem for the child." § 39.502(8), Fla. Stat. (2006).[4] In this case there was…personally or through affidavit of diligent search. § 39.502(3)-(9), Fla. Stat. (2006). Thereafter, pleadings…concerned. I would affirm. NOTES [1] Subsection 39.502(1), Florida Statutes (2006) provides, "Notice

SK v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-20T00:53:00-07:00

Citation: 959 So. 2d 1209

Snippet: activities as authorized by law." Section 39.502(15) requires that a parent who is identified with

AP v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-04T00:53:00-07:00

Citation: 957 So. 2d 686

Snippet: all hearings provided for under section 39.502. See § 39.502(1), (17), Fla. Stat. (2006). Our Supreme…trial court nevertheless denied the motion. Section 39.502, Florida Statutes (2006), requires notice in cases

Fg v. Agency for Persons With Disabil.

Court: Fla. | Date Filed: 2006-09-28T00:53:00-07:00

Citation: 940 So. 2d 1095

Snippet: party." (Emphasis added.) In addition, section 39.502(11), Florida Statutes (2005), provides that "…statutes that grant such authority. Because sections 39.502(11) and 393.13(4)(j)(2)(b) and rule 8.225(a)(2)

Bb v. Pjm

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-22T00:53:00-07:00

Citation: 933 So. 2d 57

Snippet: each stage of the dependency proceedings. Section 39.502 requires all parents to be notified of every proceeding