Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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ProcessRule 8.040

Part II · Delinquency Proceedings — B. Pleadings, Process, and Orders · Rules of Juvenile Procedure (October 1, 2026 ed.)

6 opinions cite Rule 8.040

  1. State v. S.C.W. 718 So. 2d 320 · 2D98-00540 · 2nd DCA 1998

    This opinion cites Rule 8.040 1 time: (a)

    …purposes of section 985.207(1)(c) requires more than a simple letter to a last known address. Even if a child has been "taken into custody," Florida Rule of Juvenile Procedure 8.040(a) requires that a summons be issued and served upon a child "who is not detained." If it is likely that such service will be difficult or impossible, the State…

  2. State v. S.C.W. 718 So. 2d 320 · 2D98-00540-2 · 2nd DCA 1998

    This opinion cites Rule 8.040 1 time: (a)

    · cited by 3 in all courts

    …purposes of section 985.207(l)(c) requires more than á simple letter to a last known address. Even if a child has been “taken into custody,” Florida Rule of Juvenile Procedure 8.040(a) requires that a summons be issued and served upon a child “who is not detained.” If it is likely that such service will be difficult or impossible, the State…

  3. In re Amendments to Florida Rules of Juvenile Procedure SC2025-0237 · Florida Supreme Court 2025

    Rule amendment This opinion cites Rule 8.040 4 times, the section generally

    … October 16, 2025 PER CURIAM. The Florida Bar’s Juvenile Court Rules Committee filed a report proposing amendments to Florida Rules of Juvenile Procedure 8.040 (Process); 8.060 (Discovery); 8.085 (Prehearing Motions and Service); 8.104 (Testimony by Closed-Circuit Television or Audio-Video Communication…

  4. In re Amendments to Florida Rules of Juvenile Procedure, Florida Family Law Rules of Procedure, and Florida Supreme Court Approved Family Law Forms SC22-1 · Florida Supreme Court 2022

    Rule amendment This opinion cites Rule 8.040 1 time, the section generally

    … (2)-(4) [No Change] Committee Notes - 12 - [No Change] RULE 8.040. PROCESS (a) Summons. (1) Upon the filing of a petition upon a child who is not detained by order of the court, the clerk shall issue…

  5. Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000

    Rule amendment This opinion cites Rule 8.040 1 time, the section generally

    · cited by 8 in all courts

    …of justice and the welfare of the child. A continuance may be granted on motion and a showing that the amendment prejudices or materially affects any party. RULE 8.040. PROCESS (a) Summons. (1) Upon the filing of a petition upon a child who is not detained by order of the court, the clerk shall issue a summons. The…

  6. Amendments to the Florida Rules of Juvenile Procedure 684 So. 2d 756 · SC87656 · Florida Supreme Court 1996

    Rule amendment This opinion cites Rule 8.040 1 time, the section generally

    · cited by 1 in all courts

    …child were an adult. (2) Following the filing of the motion of the state attorney, summons shall be issued and served in conformity with the provision of rule 8.040. A copy of the motion and a copy of the delinquency petition, if not already served, shall be attached to each summons. (3) No plea to a petition shall be…

0 admin code rules cite Rule 8.040

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.

No admin code rule cites Rule 8.040.

0 CFOPs cite Rule 8.040

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

No CFOP cites Rule 8.040.

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(a) Summons.

(1) On the filing of a petition on a child who is not detained by order of the court, the clerk must issue a summons to the child, the parents of the child, and any legal custodians. The summons must require the person on whom it is served to appear for a hearing at a time and place specified, or if appearance is via audio-video communication technology then the summons must provide instructions as to how to attend the hearing. The time of the hearing must not be less than 24 hours after service of the summons. The summons must require the custodian to produce the child at the said time and place. A copy of the delinquency petition must be attached to the summons.

(2) A party may consent to service or summons by e- mail by providing a primary e-mail address to the clerk of court.

(3) If the child is being detained by order of the court, process must be in accordance with the rule pertaining to the arraignment of a detained child.

(b) Service.

(1) Generally. The summons and other process must be served on such persons and in such manner as required by law. If the parents or custodian are out of the state and their address is known the clerk must give them notice of the proceedings by mail. Service of process may be waived.

(2) Petition for Parental Sanctions. A petition for parental sanctions may be served on the child’s parents or legal guardians in open court at any hearing concerning the child, but must be served at least 72 hours before the hearing at which parental sanctions are being sought. The petition for parental sanctions also may be served in accordance with chapter 48, Florida Statutes.

Amendments since the 1991 renumbering

From the Florida Bar edition's table of amending opinions. Where it lists a range of rules ("8.400–8.410"), each rule in the range today is listed.

Committee notes (2)

1991 Amendment. This rule clearly defines the difference in procedures for summons for detained and nondetained children.

2000 Amendment. Subsection (b)(2) was added to provide requisite notice to the parents or legal guardians of a child when the state is seeking restitution or wishes to impose other sanctions against the parent or legal guardian. See S.B.L., Natural Mother of J.J. v. State, 737 So.2d 1131 (Fla. 1st DCA 1999); A.G., Natural Mother of S.B. v. State, 736 So.2d 151 (Fla. 1st DCA 1999).