Florida Statute 409.257 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXX
SOCIAL WELFARE

Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE

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F.S. 409.257

409.257 Service of process.—

(1) The service of original process and orders in any paternity or child support action or proceeding filed by the department shall be made in accordance with chapter 48. The sheriff shall be reimbursed at the prevailing rate of federal financial participation for service of process and orders as allowed by law. The sheriff shall bill the department monthly as provided for in s. 30.51(2).

(2) Process and orders may be served or executed by authorized agents of the department at the department’s discretion if the agent of the department does not take any action against personal property, real property, or persons.

(3) Service of process by publication under chapter 49 may be made on the legal father in any action or proceeding to determine paternity, which may result in termination of the legal father’s parental rights, in which another man is alleged to be the biological father. Before service of process by publication may be made, the petitioner shall conduct a diligent search and inquiry to locate the legal father. A diligent search must include the inquiries required by s. 63.088(5). The petitioner shall execute an affidavit of diligent search and file it with the court confirming completion of each aspect of the diligent search enumerated in s. 63.088(5) and specifying the results. If the legal father cannot be located, he shall be served with process by publication in the manner provided in chapter 49. The notice shall be published in the county where the legal father was last known to have resided. The clerk of the circuit court shall mail a copy of the notice to the legal father at his last known address.

(4) Notices and other intermediate process, except witness subpoenas, shall be served by the department as provided for in the Florida Rules of Civil Procedure.

(5) Witness subpoenas shall be served by the department by United States mail as provided for in s. 48.031(3).

History.—s. 2, ch. 84-141; s. 9, ch. 87-405; s. 8, ch. 89-183; s. 8, ch. 2004-273; s. 15, ch. 2004-334; s. 7, ch. 2007-85; s. 2, ch. 2015-59.

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Amendments to 409.257

Arrestable Offenses / Crimes under Fla. Stat. 409.257

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 409.257.

Annotations, Discussions, Cases:

Cases Citing Statute 409.257

Total Results: 8

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2021-10-28

Snippet: Procedure, chapter 49, Florida Statutes, and section 409.257, Florida Statutes.

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2021-10-28

Snippet: Procedure, chapter 49, Florida Statutes, and section 409.257, Florida Statutes.

In Re: Amendments to the Florida Family Law Rules of Procedure - 2020 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2020-11-12

Snippet: Procedure, chapter 49, Florida Statutes, and section 409.257, Florida Statutes.

In re Amendments to the Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2012-11-15

Citation: 104 So. 3d 314, 37 Fla. L. Weekly Supp. 690, 2012 WL 5518352, 2012 Fla. LEXIS 2356

Snippet: Procedure, chapter 49, Florida Statutes, and section 409.257, Florida Statutes. Special notes ... Remember,

In Re Amendments to the Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2012-03-15

Citation: 84 So. 3d 257, 37 Fla. L. Weekly Supp. 231, 2012 Fla. LEXIS 588, 2011 WL 5219466

Snippet: Procedure, chapter 49, Florida Statutes, and section 409.257, Florida Statutes. Special notes... Remember,

In Re Amendments to Fla. to Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2008-04-24

Citation: 981 So. 2d 1189, 33 Fla. L. Weekly Supp. 261, 2008 Fla. LEXIS 743, 2008 WL 1819683

Snippet: Florida Rules of Civil Procedure, and section 409.257, Florida Statutes. Special notes . . . Remember

Amendments to Fl. Family Law Rules of Proc.

Court: Supreme Court of Florida | Date Filed: 2007-07-12

Citation: 962 So. 2d 302, 32 Fla. L. Weekly Supp. 501, 2007 Fla. LEXIS 1235, 2007 WL 2002673

Snippet: father. Chapter 2007-85, section 7 amends section 409.257, Florida Statutes (2006) to require that before

Florida Dept. of Revenue v. Cummings

Court: Supreme Court of Florida | Date Filed: 2006-05-11

Citation: 930 So. 2d 604, 31 Fla. L. Weekly Supp. 275, 2006 Fla. LEXIS 808, 2006 WL 1277971

Snippet: father's interests are appropriately protected. See § 409.257, Fla. Stat. (2000) (requiring personal service);