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Florida Statute 39.502 | Lawyer Caselaw & Research
F.S. 39.502 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 39
PROCEEDINGS RELATING TO CHILDREN
View Entire Chapter
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, but in this event the petitioner shall file an affidavit of diligent search prepared by the person who made the search and inquiry, and the court may appoint a guardian ad litem for the child.
(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.
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 from cite.case.law:

C. J. L- M. v. DEPARTMENT OF CHILDREN AND FAMILIES Ad, 248 So. 3d 1184 (Fla. App. Ct. 2018)

. . . she appeared at a shelter hearing, and thus, service of process was not required pursuant to section 39.502 . . . The Department contended under section 39.502(2), Florida Statutes, appearance at any hearing before . . . She argued under Florida Rule of Juvenile Procedure 8.225 and section 39.502, Florida Statutes, the clerk . . . The mother argues that section 39.502(2) should not be construed as obviating the need for the service . . . In S.H. , we specifically noted that section 39.502(2) could not apply because, while the parent was . . .

In D. O. a K. M. v., 201 So. 3d 1242 (Fla. Dist. Ct. App. 2016)

. . . Children & Family Services, 88 So.3d 975, 977 (Fla. 2d DCA 2012), this court observed that “[sjection 39.502 . . .

J. B. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 170 So. 3d 780 (Fla. 2015)

. . . the trial court’s failure to inform the mother of the availability of advocacy services under section 39.502 . . . the trial court’s failure to inform the mother of the availability of advocacy services under section 39.502 . . .

J. B. D. L. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 158 So. 3d 653 (Fla. Dist. Ct. App. 2014)

. . . the trial court’s failure to inform the mother of the availability of advocacy services under section 39.502 . . .

McDANIEL v. FIRSTBANK PUERTO RICO d b a L. L. C., 96 So. 3d 926 (Fla. Dist. Ct. App. 2012)

. . . actual knowledge of dependency proceeding does not waive requirement of proper service under section 39.502 . . .

In C. K. a C. K. v. Ad, 88 So. 3d 975 (Fla. Dist. Ct. App. 2012)

. . . Section 39.502(1) and (4)-(9), Florida Statutes (2011), requires that parties in dependency proceedings . . . Consequently, his procedural due process rights were violated as were the notice provisions of section 39.502 . . .

In T. J. a, 59 So. 3d 1187 (Fla. Dist. Ct. App. 2011)

. . . Section 39.502 of the Florida Statutes clearly states that until a parent’s rights are terminated, that . . . been terminated, all parents must be noti fied of all proceedings or hearings involving a child.... § 39.502 . . . Section 39.502(10), Florida Statutes (2010), provides that “the failure to serve a party or give notice . . .

L. T. K. S. L. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 48 So. 3d 928 (Fla. Dist. Ct. App. 2010)

. . . because L.T. failed to comply with notice and service of process requirements set forth in sections 39.502 . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 5 So. 3d 665 (Fla. 2009)

. . . have been in response to the requirements of federal law, rather than the 2008 amendments to section 39.502 . . . Chapter 2008-245, section 9, Laws of Florida, amended section 39.502(17) to require that “the foster . . . care or children they are seeking to adopt to ensure the ability to provide input to the court.” § 39.502 . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 992 So. 2d 242 (Fla. 2008)

. . . amendments to rule 8.225 and forms 8.962, 8.963, and 8.968 are in response to amendments to sections 39.502 . . . Consistent with the change to section 39.502(17), Florida Statutes, subdivision (c) of rule 8.225 is . . .

In D. G. a N. L. E. v., 970 So. 2d 486 (Fla. Dist. Ct. App. 2007)

. . . See § 39.502(4). . . . medical emergencies, notice must be “that most likely to result in actual notice to the parents.” § 39.502 . . .

N. L. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 960 So. 2d 810 (Fla. Dist. Ct. App. 2007)

. . . . § 39.502(4)-(9), Fla. Stat. (2006). . . . Id. § 39.502(3)-(5); Fla. R. Juv. P. 8.225(a)(1). . . . .” § 39.502(8), Fla. Stat. (2006). . . . Id. § 39.502(9)-(10). ■ . . . . .” § 39.502(2), Fla. Stat. (2006). . . .

S. K. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 959 So. 2d 1209 (Fla. Dist. Ct. App. 2007)

. . . Section 39.502(15) requires that a parent who is identified with a mental illness be advised of the availability . . .

A. P. V. H. N. P. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 957 So. 2d 686 (Fla. Dist. Ct. App. 2007)

. . . Section 39.502, Florida Statutes (2006), requires notice in cases involving shelter hearings and hearings . . . other parties and participants be given “reasonable notice” of all hearings provided for under section 39.502 . . . See § 39.502(1), (17), Fla. Stat. (2006). . . .

F. G. v. AGENCY FOR PERSONS WITH DISABILITIES,, 940 So. 2d 1095 (Fla. 2006)

. . . In addition, section 39.502(11), Florida Statutes (2005), provides that “[u]pon the application of a . . . Because sections 39.502(11) and 393.13(4)(j)(2)(b) and rule 8.225(a)(2) resolve the issue, however, we . . .

B. B. J. M. a v. P. J. M. K. M., 933 So. 2d 57 (Fla. Dist. Ct. App. 2006)

. . . Section 39.502 requires all parents to be notified of every proceeding or hearing involving the child . . .

MORCROFT, Ad v. DEPARTMENT OF CHILDREN AND FAMILIES,, 929 So. 2d 51 (Fla. Dist. Ct. App. 2006)

. . . 8.210, which define “parent,” “participant,” and “party,” and the provisions of sections 39.501 and 39.502 . . .

C. L. R. C. R. C. R. E. R. M. R. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 913 So. 2d 764 (Fla. Dist. Ct. App. 2005)

. . . Section 39.502, Florida Statutes, provides: (1) Unless parental rights have been terminated, all parents . . .

In S. M. a E. K. v., 874 So. 2d 720 (Fla. Dist. Ct. App. 2004)

. . . Section 39.502(7) specifically provides that “service of the summons and service of pleadings ... on . . .

B. M. D. M. N. M. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 842 So. 2d 936 (Fla. Dist. Ct. App. 2003)

. . . contention that the trial judge erred by not informing B.M. of available services as required by section 39.502 . . . It does not appear the legislature has extended the notice requirement of section 39.502(15) to participants . . . such as sections 39.01(33) and (49), to suggest that participants should have been included in section 39.502 . . . person identified as having a mental illness, of available advocacy services as required by section 39.502 . . . Section 39.502(15) provides: A party who is identified as a person with mental illness or with a developmental . . . Thus, from an examination of only subsections (50) and (51), section 39.502(15) does not appear to obligate . . . Florida Rules of Juvenile Procedure that the full panoply of rights available to a parent under section 39.502 . . . I therefore conclude that section 39.502(15), when read in pari materia with sections 39.01 and 39.401 . . .

S. H. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 837 So. 2d 1117 (Fla. Dist. Ct. App. 2003)

. . . Section 39.502(3), Florida Statutes (2001), requires the clerk to “issue a summons” upon the filing of . . . Section 39.502(5) mandates that the summons “be served” upon “all parties other than the petitioner.” . . . Section 39.502(2) provides that “[p]er-sonal appearance of any person in a hearing before the court obviates . . . Appellant’s knowledge of the dependency proceeding is not enough to waive the section 39.502(5) requirement . . .

a v., 38 T.C. 979 (T.C. 1962)

. . . Sec. 39.502-1 (b), Regs. 118, See see. 542,1.R.C. 1954, and predecessor section, of the 1939 Code. . . .

L. M. B. v., 38 T.C. 907 (T.C. 1962)

. . . Regs. 111, sec. 39.502-1(6). . . .

v., 31 T.C. 441 (T.C. 1958)

. . . the services is designated (by name or by description) in the contract; * * * Regulations 118: Sec. 39.502 . . .