Florida Statute 39.801 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.801

39.801 Procedures and jurisdiction; notice; service of process.—

(1) All procedures, including petitions, pleadings, subpoenas, summonses, and hearings, in termination of parental rights proceedings shall be according to the Florida Rules of Juvenile Procedure unless otherwise provided by law.

(2) The circuit court shall have exclusive original jurisdiction of a proceeding involving termination of parental rights.

(3) Before the court may terminate parental rights, in addition to the other requirements set forth in this part, the following requirements must be met:

(a) Notice of the date, time, and place of the advisory hearing for the petition to terminate parental rights; if applicable, instructions for appearance through audio-video communication technology; and a copy of the petition must be personally served upon the following persons, specifically notifying them that a petition has been filed:

1. The parents of the child.

2. The legal custodians of the child.

3. If the parents who would be entitled to notice are dead or unknown, a living relative of the child, unless upon diligent search and inquiry no such relative can be found.

4. Any person who has physical custody of the child.

5. Any grandparent entitled to priority for adoption under s. 63.0425.

6. Any prospective parent who has been identified under s. 39.503 or s. 39.803, unless a court order has been entered pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which indicates no further notice is required. Except as otherwise provided in this section, if there is not a legal father, notice of the petition for termination of parental rights must be provided to any known prospective father who is identified under oath before the court or who is identified by a diligent search of the Florida Putative Father Registry. Service of the notice of the petition for termination of parental rights is not required if the prospective father executes an affidavit of nonpaternity or a consent to termination of his parental rights which is accepted by the court after notice and opportunity to be heard by all parties to address the best interests of the child in accepting such affidavit.

7. The guardian ad litem for the child.

A party may consent to service or notice by e-mail by providing a primary e-mail address to the clerk of the court. The document containing the notice to respond or appear must contain, in type at least as large as the type in the balance of the document, the following or substantially similar language: “FAILURE TO APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS NOTICE.”

(b) If a party required to be served with notice as prescribed in paragraph (a) cannot be served, notice of hearings must be given as prescribed by the rules of civil procedure, and service of process must be made as specified by law or civil actions.

(c) Notice as prescribed by this section may be waived, in the discretion of the judge, with regard to any person to whom notice must be given under this subsection if the person executes, before two witnesses and a notary public or other officer authorized to take acknowledgments, a written surrender of the child to a licensed child-placing agency or the department.

(d) Personal appearance of a person at the advisory hearing as provided in s. 39.013(13) obviates the necessity of serving process on that person, and the court may proceed with the advisory hearing and any subsequently noticed hearing.

(e) If the person served with notice under this section fails to appear at the advisory hearing, either physically or, by agreement of the parties or at the discretion of the court, through audio-video communication technology, the failure to appear constitutes consent for termination of parental rights by the person given notice. If a parent appears for the advisory hearing and the court orders that parent to appear at the adjudicatory hearing for the petition for termination of parental rights, stating the date, time, and location of the hearing and, if applicable, instructions for appearance through audio-video communication technology, then failure of that parent to appear, either physically or, by agreement of the parties or at the discretion of the court, through audio-video communication technology, at the adjudicatory hearing constitutes consent for termination of parental rights.

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

(5) All process and orders issued by the court must 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.

(6) 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 or executed by authorized agents of the department or of the guardian ad litem.

(7) A fee may not 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 other papers are served or executed by any sheriff, the sheriff’s fees must be paid by the county.

History.—s. 9, ch. 87-289; s. 1, ch. 92-96; s. 32, ch. 94-164; ss. 6, 11, ch. 97-276; s. 83, ch. 98-403; s. 42, ch. 99-193; s. 21, ch. 2017-151; s. 7, ch. 2023-302; s. 25, ch. 2024-70; s. 7, ch. 2024-177.

Note.—Former ss. 39.46, 39.462.

F.S. 39.801 on Google Scholar

F.S. 39.801 on Casetext

Amendments to 39.801

Arrestable Offenses / Crimes under Fla. Stat. 39.801

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.801.

Annotations, Discussions, Cases:

Cases Citing Statute 39.801

Total Results: 20

K.W., the Mother v. Department of Children and Families, and Statewide Guardian Ad Litem Office

Court: District Court of Appeal of Florida | Date Filed: 2024-10-30

Snippet: involving the termination of parental rights. See § 39.801(2), Fla. Stat. (“The circuit court shall have exclusive

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

Court: Supreme Court of Florida | Date Filed: 2023-12-07

Snippet: 39.0131, 39.402, 39.502, 39.506, 39.521, and 39.801, Florida Statutes, made by chapter 2023-302, Laws

M.D.-P, THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2023-08-30

Snippet: court entered a default against the Mother. See § 39.801(3)(d), Fla. Stat. (2022) (“If a parent appears

M.S. v. GUARDIAN AD LITEM PROGRAM

Court: District Court of Appeal of Florida | Date Filed: 2022-08-17

Snippet: whether that finding is supported. Section 39.801(1), Florida Statutes (2022), provides that “[a]ll

H.A.R., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2021-03-03

Snippet: entered a default against her pursuant to section 39.801(3)(d), Florida Statutes (2020), which she claims

M.B., THE FATHER v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2020-04-29

Snippet: constructive consent. We reverse. Section 39.801(3)(d), Florida Statutes (2019), expressly authorizes

S. C. v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2019-06-21

Snippet: hearing under section 39.801(3)(d), Florida Statutes (2018).2 Section 39.801(3)(d) provides the following:

A. D. v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2019-04-26

Citation: 269 So. 3d 642

Snippet: 745, 753 (1982)). Under section 39.801(3)(a), Florida Statutes (2018), parents must be

T.J.T. v. Dep't of Children & Families & Guardian Ad Litem Program

Court: District Court of Appeal of Florida | Date Filed: 2018-11-07

Citation: 257 So. 3d 1220

Snippet: fails to appear for an advisory hearing, see § 39.801(3)(d), Fla. Stat. (2017), we note that the best

E. U. v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2018-11-07

Snippet: fails to appear for an advisory hearing, see § 39.801(3)(d), Fla. Stat. (2017), we note that the best

In re Amendments to the Florida Rules of Juvenile Procedure-2017 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2018-02-01

Citation: 235 So. 3d 322

Snippet: 5Q7(7)(b), 39.521(l)(a), 39.522(2), (3), 39.6035(4), 39,801(3)(a), Fla. .Stat.; effective July 1, 2017).

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2017 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2018-02-01

Citation: 235 So. 3d 322

Snippet: 507(7)(b), 39.521(1)(a), 39.522(2), (3), 39.6035(4), 39.801(3)(a), Fla. Stat.; effective July 1, 2017).

G.H. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2017-10-11

Citation: 227 So. 3d 761, 2017 WL 4529695

Snippet: parental rights on behalf of G.H. as to D.E.B. See § 39,801(3)(d) of the Florida Statutes (2016) (“If the person

M.P. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2017-10-11

Citation: 230 So. 3d 512

Snippet: implied consent to termination, pursuant to section 39.801(3)(d), Fla. Stat. (2016), and proceeded to receive

C.R. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2017-08-17

Citation: 225 So. 3d 393, 2017 WL 3565696, 2017 Fla. App. LEXIS 11908

Snippet: entering a default consent termination under section 39.801(3)(d), Florida Statutes (2017), and Florida Rule

C.R. v. DCF

Court: District Court of Appeal of Florida | Date Filed: 2017-08-14

Snippet: entering a default consent termination under section 39.801(3)(d), Florida Statutes (2017), and Florida Rule

T.H. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2017-07-12

Citation: 221 So. 3d 1285, 2017 WL 2960589, 2017 Fla. App. LEXIS 9987

Snippet: Father’s motion. This appeal followed. Section 39.801(3)(d), Florida Statutes (2016), authorizes constructive

S.M., etc. v. Florida Department of Children and Families

Court: Supreme Court of Florida | Date Filed: 2016-09-01

Citation: 202 So. 3d 769, 41 Fla. L. Weekly Supp. 362, 2016 Fla. LEXIS 1964

Snippet: and the termination of parental rights (section 39.801). The Florida Rules of Juvenile Procedure

R.W.M. v. Dep't of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2016-01-22

Snippet: motion to set aside his deemed consent under section 39.801(3)(d), Florida Statutes (2014). The father, who

R.W.M. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2016-01-22

Citation: 184 So. 3d 1235, 2016 WL 275273

Snippet: motion to set aside his deemed consent under section 39.801(3)(d), Florida Statutes (2014). The father, who