Florida Statute 39.502 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 39.502

Annotations, Discussions, Cases:

Cases Citing Statute 39.502

Total Results: 23

In Re Tj

59 So. 3d 1187, 2011 WL 1485994

District Court of Appeal of Florida | Filed: Apr 20, 2011 | Docket: 2361633

Cited 6 times | Published

met on the face of the existing record.[8] Section 39.502(10), Florida Statutes (2010), provides that

In Re DG

970 So. 2d 486, 2007 WL 4355284

District Court of Appeal of Florida | Filed: Dec 14, 2007 | Docket: 1695204

Cited 4 times | Published

provides at least seventy-two hours' notice. See § 39.502(4). Twenty-four hours' notice of an advisory hearing

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

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

District Court of Appeal of Florida | Filed: May 4, 2012 | Docket: 60308467

Cited 3 times | Published

Johnson, 65 So.3d 605, 607 (Fla. 2d DCA 2011). Section 39.502(1) and (4)-(9), Florida Statutes (2011), requires

AP v. Department of Children and Families

957 So. 2d 686, 2007 WL 1295740

District Court of Appeal of Florida | Filed: May 4, 2007 | Docket: 1679391

Cited 3 times | Published

trial court nevertheless denied the motion. Section 39.502, Florida Statutes (2006), requires notice in

Bb v. Pjm

933 So. 2d 57, 2006 WL 1373243

District Court of Appeal of Florida | Filed: May 22, 2006 | Docket: 1712103

Cited 3 times | Published

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

Clr v. Dcf

913 So. 2d 764

District Court of Appeal of Florida | Filed: Nov 10, 2005 | Docket: 1698411

Cited 3 times | Published

of all parents to notice of all proceedings. Section 39.502, Florida Statutes, provides: (1) Unless parental

SH v. Department of Children and Families

837 So. 2d 1117, 2003 Fla. App. LEXIS 1805, 2003 WL 355280

District Court of Appeal of Florida | Filed: Feb 19, 2003 | Docket: 537512

Cited 3 times | Published

39 and the law regarding service of process. Section 39.502(3), Florida Statutes (2001), requires the clerk

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

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

Supreme Court of Florida | Filed: Jul 9, 2015 | Docket: 2672541

Cited 2 times | Published

the availability of advocacy services under section 39.502, Florida Statutes (2011). *789Id. at 658. The

Nl v. Dept. of Children and Family Servs.

960 So. 2d 810, 2007 Fla. App. LEXIS 10018, 2007 WL 1827244

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 1726136

Cited 2 times | Published

and inquiry for a parent who cannot be located. § 39.502(4)-(9), Fla. Stat. (2006). Personal service is

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

158 So. 3d 653

District Court of Appeal of Florida | Filed: Oct 6, 2014 | Docket: 1370631

Cited 1 times | Published

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

McDaniel v. FirstBank Puerto Rico

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

District Court of Appeal of Florida | Filed: Jul 6, 2012 | Docket: 60311595

Cited 1 times | Published

not waive requirement of proper service under section 39.502(5)); Panter v. Werbel-Roth Sec., Inc., 406

SK v. Department of Children and Families

959 So. 2d 1209, 2007 Fla. App. LEXIS 9529, 2007 WL 1756850

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 1525738

Cited 1 times | Published

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

Fg v. Agency for Persons With Disabil.

940 So. 2d 1095, 31 Fla. L. Weekly Supp. 610, 2006 Fla. LEXIS 2257, 2006 WL 2771533

Supreme Court of Florida | Filed: Sep 28, 2006 | Docket: 1524096

Cited 1 times | Published

for a party." (Emphasis added.) In addition, section 39.502(11), Florida Statutes (2005), provides that

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

248 So. 3d 1184

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7062001

Published

service of process was not required pursuant to section 39.502(2), Florida Statutes (2018). As she was advised

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

District Court of Appeal of Florida | Filed: Oct 8, 2014 | Docket: 1436089

Published

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

In the Interest of T.J.

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

District Court of Appeal of Florida | Filed: Apr 20, 2011 | Docket: 60299579

Published

diligent search under Chapter 39 has taken place. Section 39.502 of the Florida Statutes clearly states that

In Re Amendments to the Florida Rules of Juvenile Procedure

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

Supreme Court of Florida | Filed: Mar 19, 2009 | Docket: 1663323

Published

federal law, rather than the 2008 amendments to section 39.502(17), Florida Statutes. Chapter 2008-245, section

In Re Amendments to Fl. Rules of Juvenile Proc.

992 So. 2d 242, 33 Fla. L. Weekly Supp. 754, 2008 Fla. LEXIS 1635, 2008 WL 4346502

Supreme Court of Florida | Filed: Sep 25, 2008 | Docket: 1723570

Published

Laws of 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

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

District Court of Appeal of Florida | Filed: Dec 14, 2007 | Docket: 64853433

Published

provides at least seventy-two hours’ notice. See § 39.502(4). Twenty-four hours’ notice of an advisory hearing

B.B. v. P.J.M.

933 So. 2d 57, 2006 Fla. App. LEXIS 8011

District Court of Appeal of Florida | Filed: May 22, 2006 | Docket: 64845699

Published

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

C.L.R. v. Department of Children & Families

913 So. 2d 764, 2005 Fla. App. LEXIS 17698, 2005 WL 3000612

District Court of Appeal of Florida | Filed: Nov 10, 2005 | Docket: 64840787

Published

of all parents to notice of all proceedings. Section 39.502, Florida Statutes, provides: (1) Unless parental

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

874 So. 2d 720, 2004 Fla. App. LEXIS 8019, 2004 WL 1252690

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 64830953

Published

of the proceedings under section 39.503(3). Section 39.502(7) specifically provides that “service of the

B.M. v. Department of Children & Families

842 So. 2d 936, 2003 Fla. App. LEXIS 3486, 2003 WL 1203660

District Court of Appeal of Florida | Filed: Mar 18, 2003 | Docket: 64822177

Published

available advocacy services as required by section 39.502(15), Florida Statutes (2000). As to it, I would