Florida Statutes

Fla. Stat. § 39.801 (2025)

Procedures and jurisdiction; notice; service of process.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 101 cases (7 in the last 5 years), 1998–2025 · leading case: Florida Dep't of Child. & Fam. Servs. v. P.E., 14 So. 3d 228 (Fla. 2009).

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Florida Dep't of Child. & Fam. Servs. v. P.E., 14 So. 3d 228 (Fla. 2009). · cites it 34× “Section 39.801 establishes requirements for service and notice and specifically addresses the problem presented in this case of a parent who fails to appear at the adjudicatory hearing.”

Dep't of Child. & Families v. As, 927 So. 2d 204 (Fla. 5th DCA 2006). · cites it 20× “See § 39.801(3)(d), Fla. Stat. Here, the court took testimony and found that termination was proper, irrespective of the parents' non-appearance, given the evidence of their failure to substantially comply with the case plans and their failure to remedy the conditions which led…”

BH, SR. v. Dept. of Child. & Families, 882 So. 2d 1099 (Fla. 4th DCA 2004). · cites it 8× “Following a motion for rehearing, the attorney ad litem and the Department argued that under section 39.801(3)(d), Florida Statutes (2003), failure to personally appear at the advisory hearing after notice constitutes consent to the termination of parental rights.”

T.L.D. v. Dep't of Child. & Fam. Servs., 883 So. 2d 910 (Fla. 2d DCA 2004). · cites it 6× “See § 39.801(3)(d), Fla. Stat. (2002). Because we conclude the trial court applied the wrong analysis in ruling on T.”

MJW v. Dep't of Child. & Families, 825 So. 2d 1038 (Fla. 1st DCA 2002). · cites it 9× “We reverse because the Department of Children and Families, appellee, did not serve the mother, personally or by publication, with a notice of the termination proceeding as required by section 39.801, Florida Statutes (1999), and Florida Rule of Juvenile Procedure 8.”

EA v. Dep't of Child. & Families, 894 So. 2d 1049 (Fla. 5th DCA 2005). · cites it 8× “See § 39.801(3)(d), Fla. Stat. (2004). Because we conclude that under the circumstances the trial judge abused his discretion in not setting aside his finding of implied consent, we reverse.”

Rh v. Dept. of Child. & Fam. Servs., 860 So. 2d 986 (Fla. 3d DCA 2003). · cites it 6× “See *991 § 39.801(3)(d), Fla. Stat. (2002)(authorizing termination of parental rights by default; failure to personally appear at adjudicatory hearing "shall constitute consent for termination of parental rights"); J.”

Jb v. Fla. Dept. of Child. & Fam. Servs., 768 So. 2d 1060 (Fla. 2000). · cites it 4× “" § 39.801(3)(a), Fla. Stat. (1999) (emphasis added).”

Perlow v. Berg-Perlow, 875 So. 2d 383 (Fla. 2004). · cites it 2× “See § 39.801, Fla. Stat. (2003). In any termination of parental rights proceeding, the court must appoint a guardian ad litem to represent the best interests of the child before the court may terminate parental rights.”

C.B. v. Dep't of Child. & Fam. Servs., 990 So. 2d 520 (Fla. 2d DCA 2008). · cites it 9× “2d DCA 2004) (adopting this three-part test for requests to vacate consents entered pursuant to section 39.801 (3)(d)). . During the course of these proceedings, the Mother gave birth to her third child.”

SC v. Dep't of Child. & Families, 877 So. 2d 831 (Fla. 4th DCA 2004). · cites it 7× “The mother also contends that the court acted improperly by allowing her to appear *834 by telephone, suggesting that section 39.801(3), Florida Statutes, prohibits a parent from appearing by telephone.”

Just. Admin. Comm'n v. Berry, 5 So. 3d 696 (Fla. 3d DCA 2009). · cites it 7× “See § 39.801(3)(a), Fla. Stat. (2007) (providing that before parental rights may be terminated, notice of an advisory hearing for the petition and a copy of the petition must be personally served on the parents of the child at issue); § 39.”

Show all 101 citing cases →

— 39.801(1) — 4 cases

MJW v. Dep't of Child. & Families, 825 So. 2d 1038 (Fla. 1st DCA 2002). “We reverse because the Department of Children and Families, appellee, did not serve the mother, personally or by publication, with a notice of the termination proceeding as required by section 39.801, Florida Statutes (1999), and Florida Rule of Juvenile Procedure 8.”

Lo v. Fla. Dept. of Child. & Fam. Serv., 807 So. 2d 810 (Fla. 4th DCA 2002).

M.S. v. Guardian Ad Litem Prog. (Fla. 3d DCA 2022).

State, Dep't of Child. & Families v. in the Interest of C.W., 14 So. 3d 1041 (Fla. 1st DCA 2009).

— 39.801(2) — 2 cases

Bush v. Schiavo, 885 So. 2d 321 (Fla. 2004).

K.W., the Mother v. Dep't of Child. & Families, & Statewide Guardian Ad Litem Off. (Fla. 3d DCA 2024).

— 39.801(3) — 5 cases

SC v. Dep't of Child. & Families, 877 So. 2d 831 (Fla. 4th DCA 2004). “The mother also contends that the court acted improperly by allowing her to appear *834 by telephone, suggesting that section 39.801(3), Florida Statutes, prohibits a parent from appearing by telephone.”

M.C. v. State, Dep't of Child. & Families, 797 So. 2d 1273 (Fla. 1st DCA 2001).

JM v. Dep't of Child. & Families, 833 So. 2d 279 (Fla. 5th DCA 2002).

In Re Wc, 797 So. 2d 1273 (Fla. 1st DCA 2001).

G.H. v. Dep't of Child. & Families, 227 So. 3d 761 (Fla. 3d DCA 2017).

— 39.801(3)(a) — 20 cases

Jb v. Fla. Dept. of Child. & Fam. Servs., 768 So. 2d 1060 (Fla. 2000). “" § 39.801(3)(a), Fla. Stat. (1999) (emphasis added).”

Just. Admin. Comm'n v. Berry, 5 So. 3d 696 (Fla. 3d DCA 2009). “See § 39.801(3)(a), Fla. Stat. (2007) (providing that before parental rights may be terminated, notice of an advisory hearing for the petition and a copy of the petition must be personally served on the parents of the child at issue); § 39.”

Adoption by Choice, Inc. v. XZC, 747 So. 2d 1006 (Fla. 2d DCA 1999).

M.C. v. State, Dep't of Child. & Families, 797 So. 2d 1273 (Fla. 1st DCA 2001).

— 39.801(3)(a)(1) — 1 case

S.B. v. State, Dep't of Child. & Families, 775 So. 2d 356 (Fla. 2d DCA 2000).

— 39.801(3)(a)(5) — 1 case

The Florida Bar v. Dove, 985 So. 2d 1001 (Fla. 2008).

— 39.801(3)(b) — 5 cases

JM v. Dep't of Child. & Families, 833 So. 2d 279 (Fla. 5th DCA 2002).

F.M. v. State Dep't of Child. & Families, 95 So. 3d 378 (Fla. 3d DCA 2012).

Dept. of Child. & Families v. JJE, 953 So. 2d 659 (Fla. 5th DCA 2007).

— 39.801(3)(d) — 70 cases

Florida Dep't of Child. & Fam. Servs. v. P.E., 14 So. 3d 228 (Fla. 2009). “Section 39.801 establishes requirements for service and notice and specifically addresses the problem presented in this case of a parent who fails to appear at the adjudicatory hearing.”

Dep't of Child. & Families v. As, 927 So. 2d 204 (Fla. 5th DCA 2006). “See § 39.801(3)(d), Fla. Stat. Here, the court took testimony and found that termination was proper, irrespective of the parents' non-appearance, given the evidence of their failure to substantially comply with the case plans and their failure to remedy the conditions which led…”

BH, SR. v. Dept. of Child. & Families, 882 So. 2d 1099 (Fla. 4th DCA 2004). “Following a motion for rehearing, the attorney ad litem and the Department argued that under section 39.801(3)(d), Florida Statutes (2003), failure to personally appear at the advisory hearing after notice constitutes consent to the termination of parental rights.”

T.L.D. v. Dep't of Child. & Fam. Servs., 883 So. 2d 910 (Fla. 2d DCA 2004). “See § 39.801(3)(d), Fla. Stat. (2002). Because we conclude the trial court applied the wrong analysis in ruling on T.”

EA v. Dep't of Child. & Families, 894 So. 2d 1049 (Fla. 5th DCA 2005). “See § 39.801(3)(d), Fla. Stat. (2004). Because we conclude that under the circumstances the trial judge abused his discretion in not setting aside his finding of implied consent, we reverse.”

— 39.801(3)(e) — 2 cases

F.D., the Father v. Dep't of Child. & Families (Fla. 3d DCA 2025).

F.E.O., the Mother v. Dep't of Child. & Families (Fla. 3d DCA 2025).

— 39.801(9) — 1 case

BC v. Dept. of Child. & Families, 887 So. 2d 1046 (Fla. 2004).

— 39.801(S)(d) — 1 case

R.A. v. Dep't of Child. & Fam. Servs., 813 So. 2d 208 (Fla. 2d DCA 2002).

— 39.801(a) — 2 cases

Florida Dcfs v. Pe, 14 So. 3d 228 (Fla. 2009).

— 39.801(a)(7) — 1 case

F.M. v. State Dep't of Child. & Families, 95 So. 3d 378 (Fla. 3d DCA 2012).

— 39.801(d) — 3 cases

JT v. Dept. of Child. & Families, 800 So. 2d 692 (Fla. 5th DCA 2001).

Florida Dcfs v. Pe, 14 So. 3d 228 (Fla. 2009).

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