Dependency Law Finder

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

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Process, diligent searches, and service of pleadings and papersRule 8.225

Part III · Dependency and Termination of Parental Rights Proceedings — A. General Provisions · Rules of Juvenile Procedure (October 1, 2026 ed.)

Related statutes: § 39.502 Notice, process, and service. · § 39.801 Procedures and jurisdiction; notice; service of process. · § 39.503 Identity or location of parent unknown; special procedures. · § 39.803 · § 39.0131 · § 39.506

36 opinions cite Rule 8.225

  1. N.L. v. Department of Children & Family Services 960 So. 2d 810 · 3D07-176 · 3rd DCA 2007

    Reversed & remanded This opinion cites Rule 8.225 4 times: (a)(1), (c)(1), (c)(4)

    · cited by 3 in all courts

    Dependency order reversed because the mother was never personally served or searched for, service on her lawyer was insufficient, and the default was improper.

    …by personal service of the summons and dependency petition on the respondent or respondents in the dependency proceeding. Id. § 39.502(3)-(5); Fla. R. Juv. P. 8.225(a)(1). [3] If a respondent cannot be located after diligent search and inquiry, then the statute allows the case to proceed upon the filing of "an affidavit of…

  2. A.P. v. Department of Children & Families 957 So. 2d 686 · 5D06-1327 · 5th DCA 2007

    Certiorari / writ granted This opinion cites Rule 8.225 4 times: (c)(5), (c)(5)(D)

    · cited by 4 in all courts

    Certiorari granted and a new hearing ordered because the parents' lawyer received only hours of notice of the shelter-related hearing.

    …emergencies to be given in the manner "most likely to result in actual notice to the parents." Of particular importance in the present case, Florida Rule of Juvenile Procedure 8.225(c)(5) indicates that in dependency and termination of parental rights proceedings, when service is "required or permitted to be made upon a party or participant…

  3. F.G. v. Agency for Persons With Disabil. 940 So. 2d 1095 · SC06-240 · Florida Supreme Court 2006

    Reversed & remanded This opinion cites Rule 8.225 3 times: (a)(2)

    · cited by 3 in all courts

    Supreme Court quashed the district court, holding a juvenile court may subpoena disability agency officers and records about a child's services for informational purposes.

    …on point, we agree with the First District's analysis. Both the Florida Rules of Juvenile Procedure and Florida Statutes authorize the subpoena issued here. Rule 8.225(a)(2) provides that "[s]ubpoenas for testimony before the court, for production of tangible evidence . . . shall be issued by the clerk of the court, the court on…

  4. J.M. v. Department of Children & Families 833 So. 2d 279 · 5D02-2375 · 5th DCA 2002

    Reversed & remanded This opinion cites Rule 8.225 3 times: (c)(3), and the section generally

    · cited by 2 in all courts

    Termination reversed because publication notice ran fewer than 28 days before the advisory hearing and notice to the mother's attorney could not replace personal service.

    …otherwise, every pleading, order, and paper filed in the action after the initial petition, shall be served on each party or the party's attorney." Fla. R. Juv. P. 8.225(c)(3) (emphasis in original). Where counsel has been appointed for the defendant parent, it is sufficient for notices, including the notice of trial, to *282 be…

  5. C.J. v. Department of Children & Families 248 So. 3d 1184 · 4D18-0836 · 4th DCA 2018

    Affirmed This opinion cites Rule 8.225 2 times: (a)(3)(C), and the section generally

    · cited by 1 in all courts

    Default dependency adjudication affirmed; the mother's appearance at the shelter hearing obviated service of the petition, and she was warned about missing arraignment.

    …consented to the dependency petition. A week later, the mother moved to vacate the adjudication of dependency. She argued under Florida Rule of Juvenile Procedure 8.225 and section 39.502, Florida Statutes, the clerk was required to issue a summons upon the filing of the dependency petition and to give her at least…

  6. J.B. v. Department of Children & Families 170 So. 3d 780 · SC14-1990 · Florida Supreme Court 2015

    Other This opinion cites Rule 8.225 2 times: (d)

    · cited by 26 in all courts

    Supreme Court held the right to counsel in termination cases includes effective assistance, set a test and interim procedure, and approved denying this mother relief.

    …concerns including those associated with their counsel. §§ 39.001(1)(l); 39.013; 39.0134; 39.402(8)(c); 39.701(1); 39.822, Fla. Stat. (2014); Fla. R. Juv. P. 8.225(d); I.B. v. Dep’t. of Children & Fams., 876 So. 2d 581 (Fla. 5th DCA 2004) (“We also note that trial courts have inherent power when determining…

  7. Department of Children & Families v. D.B.D. 42 So. 3d 916 · 4D09-4862 · 4th DCA 2010

    Affirmed This opinion cites Rule 8.225 1 time: (c)(3)

    · cited by 4 in all courts

    Dismissal of DCF's ex parte Chapter 39 injunction against a father affirmed; due process required DCF to justify continuing it, and it failed.

    …may issue an injunction immediately.” DCF contends that its telephone call to the husband two hours prior to the hearing satisfied the requirement of Juvenile Rule 8.225(c)(3), requiring that notice be “that which is most likely to result in actual notice.” According to DCF, because the husband had “actual notice,” the injunction…

  8. O.R. v. Department of Children & Family Services 979 So. 2d 1105 · 3D07-1038 · 3rd DCA 2008

    Reversed & remanded This opinion cites Rule 8.225 1 time: (c)(1)

    · cited by 1 in all courts

    Dependency adjudication reversed because parents who attended earlier trial days could not be defaulted for missing a later day; new trial ordered.

    …to a dependency adjudication." Id. *1107 For this procedure to be available, the notice to appear must contain a statutory warning. Id. [*] ; see Fla. R. Juv. P. 8.225(c)(1). Second, if a person appears at the arraignment hearing and the court orders that person to appear personally at the adjudicatory hearing for dependency…

  9. C.L.R. v. Department of Children & Families 913 So. 2d 764 · 5D03-3323 · 5th DCA 2005

    Affirmed in part, reversed in part This opinion cites Rule 8.225 1 time: (c)

    · cited by 3 in all courts

    Father remained a party entitled to notice and a hearing on reunification despite DCF's oral dismissal, but had no right to appointed counsel.

    …and must be served with all pleadings, orders and papers, regardless of whether they are "named" as a defendant in the dependency proceeding. See Fla. R. Juv. P. 8.225(c). The Florida Statutes similarly recognize the right of all parents to notice of all proceedings. Section 39.502, Florida Statutes, provides: (1) Unless…

  10. J.B. v. Department of Children & Family Services 734 So. 2d 498 · 1D98-1310 · 1st DCA 1999

    This opinion cites Rule 8.225 1 time, the section generally

    · cited by 6 in all courts

    …with the minimal due process requirements of the Florida Constitution"). The interests at stake here required more than a day's notice. Cf. Fla. R. Juv. P. 8.225 (requiring 72 hours' notice even for a hearing at which only temporary custody is at issue). The failure to construe *504 the statute to require more…

  11. M.E. v. Department of Children & Families 728 So. 2d 367 · 3D97-1838 · 3rd DCA 1999

    This opinion cites Rule 8.225 1 time: (c)(3)

    · cited by 11 in all courts

    …otherwise, every pleading, order, and paper filed in the action after the initial petition, shall be served on each party or the party's attorney. " Fla. R. Juv. P. 8.225(c)(3) (emphasis added). Where counsel has been appointed for the defendant parent, it is sufficient for notices, including the notice of trial, to be given to…

  12. B.B. v. Department of Children & Families 731 So. 2d 30 · 4D98-3711 · 4th DCA 1999

    This opinion cites Rule 8.225 1 time: (a)(2)

    · cited by 5 in all courts

    …and hearings, in dependency cases shall be according to the Florida Rules of Juvenile Procedure unless otherwise provided by law." [3] Florida Rule of Juvenile Procedure 8.225(a)(2) authorizes any "party" to obtain subpoenas "requiring attendance and testimony of witnesses and production of records, documents, and other tangible objects…

  13. In re Amendments to the Florida Rules of Juvenile Procedure 725 So. 2d 296 · SC93-3 · Florida Supreme Court 1998

    Rule amendment This opinion cites Rule 8.225 10 times: (a)(1), (a)(3), (a)(3)(C), (a)(4)(A), (b)(3), (c)(1), (c)(2), (c)(4)(D), and the section generally

    · cited by 1 in all courts

    …amendments are necessary to conform with the 1998 statutory changes, as reflected in the amended versions of rule 8.201(a); rule 8.210(a); rule 8.215(c); rule 8.225(a)(1), (b)(3), (c)(1), (c)(2), and (c)(4)(D); rule 8.245(a)(1); rule 8.250(b); rule 8.290(a)(1); rule 8.305(a), (a)(2), (a)(3), (a)(6), (b)(1), (b)(4), (b)(6)(D),…

  14. In re Amendments to the Florida Rules of Juvenile Procedure 5 So. 3d 665 · SC08-1612-2 · Florida Supreme Court 2009

    Rule amendment This opinion cites Rule 8.225 6 times: (c), and the section generally

    …Procedure. We have jurisdiction. See art. V, § 2(a), Fla. Const. In September 2008, the Court adopted an amendment to Florida Rule of Juvenile Procedure 8.225 (Process, Diligent Searches, and Service of Pleadings and Papers), as well as amendments to several juvenile forms. The amendments were proposed by the…

  15. In re Amendments to Florida Rules of Juvenile Procedure - 2023 Legislation SC2023-1371 · Florida Supreme Court 2023

    Rule amendment This opinion cites Rule 8.225 4 times, the section generally

    … -2- well as the factors a court must consider in determining good cause to excuse providing a primary e-mail address. Relatedly, rules 8.224, 8.225, and 8.255 are amended to reflect that a party may consent to service by e-mail if the primary e-mail address is provided to the clerk, and rule 8.224 is…

  16. In re Amendments to the Florida Rules of Juvenile Procedure 26 So. 3d 552 · SC09-141 · Florida Supreme Court 2009

    Rule amendment This opinion cites Rule 8.225 4 times, the section generally

    · cited by 7 in all courts

    …to the proposed amendment. Substantive comments also were filed by the Department of Children and Families with regard to the proposed amendments to rules 8.225, 8.235, 8.257, 8.265, and 8.310. Oral argument was heard in this case on June 4, 2009. AMENDMENTS Upon consideration of the Committee's report, the…

  17. In re Amendments to Fl. Rules of Juvenile Proc. 992 So. 2d 242 · SC08-1612 · Florida Supreme Court 2008

    Rule amendment This opinion cites Rule 8.225 4 times, the section generally

    …and forms to recent legislation. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(e). The Committee proposes amendments to rule 8.225 (Process, Diligent Searches, and Service of Pleadings and Papers); and forms 8.962 (Motion for Injunction), 8.963 (Injunction Order), 8.968 (Affidavit of…

  18. In re Amendments to the Florida Rules of Juvenile Procedure 115 So. 3d 286 · SC12-188 · Florida Supreme Court 2013

    Rule amendment This opinion cites Rule 8.225 3 times, the section generally

    · cited by 2 in all courts

    …Statutes (2012), in determining whether a juvenile is required to register as a sexual offender. Finally, the Committee proposed fairly major amendments to rule 8.225 (Process, Diligent Searches, and Service of Pleadings and Papers) in order to address two areas it identified as primary reasons for delays in permanency for…

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

    Rule amendment This opinion cites Rule 8.225 2 times, the section generally

    …This revision is necessary because, in the event of a conflict, the Florida Rules of Appellate Procedure govern, according to rule 2.130. Lastly, rule 8.225 as amended clarifies in subdivision (a)(4)(B) that a notice for a hearing conducted remotely only requires 72 hours’ notice. This change aligns with the…

  20. 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 8.225 2 times: (f), and the section generally

    …amendments to Florida Rules of Juvenile Procedure 8.224 (Permanent Mailing Address) and 8.400 (Case Plan Development). However, we amend Florida Rule of Juvenile Procedure 8.225(f) (Notice and Service of Pleadings and Papers) to resemble the amendments to Florida Rule of General Practice and Judicial Administration 2.516 (Service of…

  21. In re Amendments to the Florida Rules of Juvenile Procedure – 2020 Fast-Track Report SC20-1153-2 · Florida Supreme Court 2020

    Rule amendment This opinion cites Rule 8.225 2 times, the section generally

    …we amend the Florida Rules of Juvenile Procedure as proposed by the Committee. The more significant amendments are discussed below. First, we amend rule 8.225 (Process, Diligent Searches, and Service of Pleadings and Papers), to address legislative changes to section 39.0137, Florida Statutes, effectuated by…

  22. In re Amendments to the Florida Rules of Civil Procedure 102 So. 3d 451 · SC11-399 · Florida Supreme Court 2012

    Rule amendment This opinion cites Rule 8.225 2 times, the section generally

    · cited by 12 in all courts

    …(b)-(c) [No Change] (d) Service. An attorney ad litem shall be entitled to receive and must provide service of pleadings and papersdoeuments as provided by rule 8.225. RULE 8.220.-RULE 8.225. [No Change] RULE 8.230.-PLEADINGS TO BE SIGNED (a) Pleading to Be Signed by Attorney. Every written paper document or pleading…

  23. In re Amendments to Florida Rule of Juvenile Procedure 8.255 3 So. 3d 1239 · SC08-1236 · Florida Supreme Court 2009

    Rule amendment This opinion cites Rule 8.225 2 times, the section generally

    · cited by 1 in all courts

    …Committee has considered how best to assist youth who are undertaking the arduous journey from foster children to independent young adults. By amending Rule 8.225 in the manner proposed, courts will be better situated to assist those young people. Moreover, those young people will be better positioned to avail…

  24. Amendments to the Florida Rules of Juvenile Procedure 898 So. 2d 47 · SC04-1653 · Florida Supreme Court 2005

    Rule amendment This opinion cites Rule 8.225 2 times, the section generally

    …Const.; Fla. R. Jud. Admin. 2.130(f). The committee proposes amending the following three rules and two forms: Rule 8.041, Witness Attendance and Subpoenas, Rule 8.225, Process, Diligent Searches, and Service of Pleadings and Papers, Rule 8.415, Judicial Review of Dependency-Cases, Form 8.929, Detention Order, and Form…

  25. Amendments to Florida Rules of Juvenile Procedure 827 So. 2d 219 · SC02-117 · Florida Supreme Court 2002

    Rule amendment This opinion cites Rule 8.225 2 times, the section generally

    · cited by 1 in all courts

    …the changes unanimously. The Committee has proposed amendments to Florida Rules of Juvenile Procedure 8.030, 8.031, 8.085, 8.110, 8.185, 8.201, 8.210, 8.225, 8.245, 8.255, 8.265, 8.275, 8.345, 8.525, and 8.635, and Florida Rules of Juvenile Procedure Forms 8.959, 8.960, 8.967, and 8.979. Further, the Committee has…

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

    Rule amendment This opinion cites Rule 8.225 2 times, the section generally

    · cited by 8 in all courts

    …but shall file an acceptance of the office. (e) Service. A guardian ad litem shall be entitled to receive service of pleadings and papers as provided by rule 8.225. (f) Practice of Law by Lay Guardians. The duties of lay guardians shall not include the practice of law. (g) Substitution or Discharge. The court, on its…

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

    Rule amendment This opinion cites Rule 8.225 2 times, the section generally

    · cited by 1 in all courts

    …but shall file an acceptance of the office. (e) Service. A guardian ad litem shall be entitled to receive service of pleadings and papers as provided by rule 8.225. *769 (f) Practice of Law by Lay Guardians. The duties of lay guardians shall not include the practice of law. (g) Substitution or Discharge. The court,…

  28. In re Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation SC2024-1093 · Florida Supreme Court 2024

    Rule amendment This opinion cites Rule 8.225 1 time, the section generally

    …an acceptance of the officeappointment. (ed) Service. A guardian ad litem shall beis entitled to receive service of pleadings and papers as provided by rule 8.225law. (fe) Practice of Law by Lay Guardians. The duties of lay guardians shallmust not include the practice of law. (gf) Substitution or Discharge.…

  29. In re Amendments to the Florida Rules of Juvenile Procedure - 2021 Fast-Track Report SC21-1681-2 · Florida Supreme Court 2022

    Rule amendment This opinion cites Rule 8.225 1 time, the section generally

    … (d) Service. Any attorney ad litemappointed under this rule is entitled to receive and must provide service of pleadings and documents as provided by rule 8.225. Committee Note 2022 Amendment. Subdivision (b) was amended in response to ch. 2021-169, Laws of Florida. RULE 8.305. …

  30. In re Amendments to the Florida Rules of Juvenile Procedure - 2021 Fast-Track Report SC21-1681 · Florida Supreme Court 2022

    Rule amendment This opinion cites Rule 8.225 1 time, the section generally

    … (d) Service. Any attorney ad litemappointed under this rule shall be entitled to receive and must provide service of pleadings and documents as provided by rule 8.225. Committee Note 2022 Amendment. Subdivision (b) was amended in response to ch. 2021-169, Laws of Florida. RULE 8.305. …

  31. In re Amendments to the Florida Rules of Juvenile Procedure SC21-627 · Florida Supreme Court 2021

    Rule amendment This opinion cites Rule 8.225 1 time, the section generally

    …provided by law. (d) Service. An attorney ad litem shall beis entitled to receive and must provide service of pleadings and documents as provided by rule 8.225. RULE 8.224. PERMANENT MAILING ADDRESS (a) Designation. On the first appearance before the court, each party shallmust provide a permanent…

  32. In re Amendments to the Florida Rules of Juvenile Procedure - 2020 Fast-Track Report SC20-1153 · Florida Supreme Court 2021

    Rule amendment This opinion cites Rule 8.225 1 time, the section generally

    …as discussed below. BACKGROUND In the September 10, 2020, opinion in this case, the Court amended Florida Rules of Juvenile Procedure 8.225 (Process, Diligent Searches, and Service of Pleadings and Papers), 8.345 (Post-Disposition Relief), 8.400 (Case Plan Development), and 8.415 (Judicial…

  33. In re Amendments to the Florida Rules of Judicial Administration 102 So. 3d 505 · SC10-2101 · Florida Supreme Court 2012

    Rule amendment This opinion cites Rule 8.225 1 time, the section generally

    · cited by 14 in all courts

    …and a failure to comply with it does not affect the order or its finality or any proceedings arising in the matter. Committee Notes [No Change] RULE 8.225. PROCESS, DILIGENT SEARCHES, AND SERVICE OF PLEADINGS AND PAPERS (a)-(b) [No Change] (c) Notice and Service of Pleadings and Papers. (l)-(4) [No Change]…

  34. Amendments to the Florida Rules of Juvenile Procedure 894 So. 2d 875 · SC04-97 · Florida Supreme Court 2005

    Rule amendment This opinion cites Rule 8.225 1 time: (a)(2)

    · cited by 1 in all courts

    …is amended to allow the clerk, court, or any attorney of record to issue subpoenas for taking depositions. This amendment conforms the rule to Florida Rule of Juvenile Procedure 8.225(a)(2) and Florida Rule of Civil Procedure 1.410(a). Subdivision (b)(9) of rule 8.305, Shelter Petition, Hearing, and Order, is amended to clarify that if a…

  35. Amendments to the Rules of Juvenile Procedure 796 So. 2d 468 · SC00-1699 · Florida Supreme Court 2001

    Rule amendment Other This opinion cites Rule 8.225 1 time, the section generally

    Supreme Court adopted new juvenile rule on attorneys ad litem and amended the shelter, case plan and TPR service rules to account for them.

    …have the responsibilities provided by law. (d) Service. An attorney ad litem shall be entitled to receive service of pleadings and papers as provided by rule 8.225. RULE 8.305. SHELTER PETITION, HEARING, AND ORDER [No changes to subdivision (a)] (b) Shelter Hearing. (1) The parents or legal custodians of the…

  36. In re Amendments to the Florida Rules of Juvenile Procedure 608 So. 2d 478 · SC79591 · Florida Supreme Court 1992

    Rule amendment This opinion cites Rule 8.225 1 time, the section generally

    · cited by 8 in all courts

    …rights cases, the foster parents would become parties. If custodians should be parties in a particular case, rule 8.210(b) would allow them to be parties. RULE 8.225. PROCESS (a) Summons and Subpoenas. (1) Summons. Upon the filing of a dependency or termination of parental rights petition, the clerk shall issue a…

0 admin code rules cite Rule 8.225

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

No admin code rule cites Rule 8.225.

1 CFOP cite Rule 8.225

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

  1. CFOP 170-1 Florida Child Welfare Practice Model p. 154 (b)

Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.

(a) Summons and Subpoenas.

(1) Summons. On the filing of a dependency petition, the clerk must issue a summons. 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 communication technology. A copy of the petition must be attached to the summons.

(2) Subpoenas. Subpoenas for testimony before the court, for production of tangible evidence, and for taking depositions must be issued by the clerk of the court, the court on its own motion, or any attorney of record for a party. Subpoenas may be served within the state by any person over 18 years of age who is not a party to the proceeding. In dependency and termination of parental rights proceedings, subpoenas may also be served by authorized agents of the department or the guardian ad litem. Except as otherwise required by this rule, the procedure for issuance of a subpoena by an attorney of record in a proceeding must be as provided in the Florida Rules of Civil Procedure.

(3) Service of Summons and Other Process to Persons Residing in the State. The summons and other process must be served on all parties other than the petitioner as required by law. The summons and other process may be served by authorized agents of the department or the guardian ad litem. A party may consent to service by e-mail by providing a primary e-mail address to the clerk.

(A) Service by publication is not required for dependency hearings and is required only for service of summons in a termination of parental rights proceeding for parents whose identities are known but whose whereabouts cannot be determined despite a diligent search. Service by publication in these circumstances is considered valid service.

(B) The failure to serve a party or give notice to a participant in a dependency hearing does not affect the validity of an order of adjudication or disposition if the court finds that the petitioner has completed a diligent search that failed to ascertain the identity or location of that party.

(C) Appearance, either physically or by audio- video communication technology, of any person in a hearing before the court eliminates the requirement for serving process upon that person.

(4) Service of Summons and Other Process to Persons Residing Outside of the State in Dependency Proceedings.

(A) Service of the summons and other process on parents, parties, participants, petitioners, or persons outside this state must be in a manner reasonably calculated to give actual notice, and may be made:

(i) by personal delivery outside this state in a manner prescribed for service of process within this state;

(ii) in a manner prescribed by the law of the place in which service is made for service of process in that place in an action in any of its courts of general jurisdiction;

(iii) by any form of mail addressed to the person to be served and requesting a receipt;

(iv) by e-mail if the person consented to service by e-mail by providing a primary e-mail address to the clerk; or

(v) as directed by the court. Service by publication is not required for dependency hearings.

(B) If the hearing will be conducted in person, notice under this rule must be served, mailed, delivered, or last published at least 20 days before any hearing in this state. If the hearing will be conducted remotely or conducted in a hybrid format where the person receiving the notice has been provided instructions for appearing at the hearing through communication technology, notice under this rule must be served, mailed, delivered, or last published at least 72 hours before any hearing in this state.

(C) Proof of service outside this state may be made by affidavit of the person who made the service or in the manner prescribed by the law of this state, the order under which the service is made, or the law of the place in which the service is made. If service is made by mail, proof may be in a receipt signed by the addressee or other evidence of delivery to the addressee.

(D) Appearance, either physically or by audio- video communication technology, of any person in a hearing before the court eliminates the requirement for serving process upon that person.

(5) Service of Persons on Active Military Duty in Dependency Proceedings. In the case of a person on active military duty, service completed under subdivision (a)(3) or (a)(4) of this rule must be in compliance with state and federal laws.

(b) Diligent Search.

(1) Location Unknown. If the location of a parent is unknown and that parent has not filed a permanent address designation with the court, the petitioner must complete a diligent search as required by law.

(2) Affidavit of Diligent Search. If the location of a parent is unknown after the diligent search has been completed, the petitioner must file with the court an affidavit of diligent search executed by the person who made the search and inquiry.

(3) Court Review of Affidavit. The court must review the affidavit of diligent search and enter an order determining whether the petitioner has completed a diligent search as required by law. In termination of parental rights proceedings, the clerk must not certify a notice of action until the court enters an order finding that the petitioner has conducted a diligent search as required by law. In a dependency proceeding, if the court finds that the petitioner has conducted a diligent search, the court may proceed to grant the requested relief of the petitioner as to the parent whose location is unknown without further notice.

(4) Continuing Duty. After filing an affidavit of diligent search in a dependency or termination of parental rights proceeding, the petitioner, and, if the court requires, the department, are under a continuing duty to search for and attempt to serve the parent whose location is unknown until excused from further diligent search by the court. The department must report on the results of the continuing search at each court hearing until the person is located or until further search is excused by the court.

(c) Identity of Parent Unknown.

(1) If the identity of a parent is unknown, and a petition for dependency, shelter care, or termination of parental rights is filed, the court must conduct the inquiry required by law. The information required by law may be submitted to the court in the form of a sworn affidavit executed by a person having personal knowledge of the facts.

(2) If the court inquiry fails to identify any person as a parent or prospective parent, the court may proceed to grant the requested relief of the petitioner as to the unknown parent without further notice.

(d) Identity and Location Determined. If an inquiry or diligent search identifies and locates any person who may be a parent or prospective parent, the court must require that notice of the hearing be provided to that person.

(e) Effect of Failure to Serve. Failure to serve parents whose identity or residence is unknown does not affect the validity of an order of adjudication or disposition if the court finds the petitioner has completed a diligent search.

(f) Notice and Service of Pleadings and Papers.

(1) Notice of Arraignment Hearings in Dependency Cases. Notice of the arraignment hearing must be served on all parties with the summons and petition. The document containing the notice to appear in a dependency arraignment hearing must contain, in type at least as large as the balance of the document, the following or substantially similar language: “FAILURE TO APPEAR AT THE ARRAIGNMENT HEARING CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD (OR THESE CHILDREN) AS A DEPENDENT CHILD (OR CHILDREN) AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR THESE CHILDREN).” If the hearing will be held through communication technology, the written notice must include instructions for appearing at the hearing through communication technology. Any preadoptive parents of the children and all participants, including the child’s foster parents and relative caregivers, must be notified of the arraignment hearing.

(2) Notice of Assessment of Child Support. Other than as part of a disposition order, if the court, on its own motion or at the request of any party, seeks to impose or enforce a child support obligation on any parent, all parties and participants are entitled to reasonable notice that child support will be addressed at a future hearing.

(3) Notice of Hearings to Participants and Parties Whose Identity or Address are Known. Any preadoptive parents, all participants, including foster parents and relative caregivers, and parties whose identity and address are known must be notified of all proceedings and hearings, unless otherwise provided by law. Notice involving emergency hearings must be that which is most likely to result in actual notice. It is the duty of the petitioner or moving party to notify any preadoptive parents, all participants, including foster parents and relative caregivers, and parties known to the petitioner or moving party of all hearings, except hearings which must be noticed by the court. Additional notice is not required if notice was provided to the parties in writing by the court or is contained in prior court orders and those orders were provided to the participant or party. All foster or preadoptive parents must be provided 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. This subdivision must not be construed to require that any foster parent, preadoptive parent, or relative caregiver be made a party to the proceedings solely on the basis of notice and a right to be heard.

(4) Service of Pleadings, Orders, and Papers. Unless the court orders otherwise, every pleading, order, and paper filed in the action after the initial petition, must be served on each party or the party’s attorney. Nothing in this rule requires that a plea be in writing or that an application for witness subpoena be served.

(5) Method of Service. When service is required or permitted to be made on a party or participant represented by an attorney, service must be made on the attorney unless service on the party or participant is ordered by the court.

(A) Excusing of Service. Service is excused if the identity or residence of the party or participant is unknown and a diligent search for that person has been completed in accordance with law.

(B) Service by Electronic Mail (“e-mail”). Service of a document by e-mail is made by an e-mail sent to all addresses designated by the attorney or party with either (a) a copy of the document in PDF format attached or (b) a link to the document on a website maintained by a clerk.

(i) Service on Attorneys. On appearing in a proceeding, an attorney must designate a primary e-mail address and may designate no more than two secondary e-mail addresses to which service must be directed in that proceeding. Every document filed by an attorney thereafter must include the primary e-mail address of that attorney and any secondary e-mail addresses. If an attorney does not designate any e-mail address for service, documents may be served on that attorney at the e-mail address on record with The Florida Bar.

(ii) Exception to E-mail Service on Attorneys. Service by an attorney on another attorney must be made by e-mail unless the parties stipulate otherwise. On motion by an attorney demonstrating that the attorney has no e-mail account and lacks access to the Internet at the attorney’s office, the court may excuse the attorney from the requirements of e-mail service. Service on and by an attorney excused by the court from e-mail service must be by the means provided in subdivision (c)(6) of this rule.

(iii) Service on and by Parties Not Represented by an Attorney. Unless excused pursuant to subdivision (f)(5)(B)(iv), any party not represented by an attorney must serve a designation of a primary e-mail address and also may designate no more than two secondary e-mail addresses to which service must be directed in that proceeding.

(iv) Exceptions to E-mail Service on and by Parties Not Represented by an Attorney. a. A party who is in custody and who is not represented by an attorney is excused from the requirements of e-mail service. b. The clerk of court must excuse a party who is not represented by an attorney from the requirements of e-mail service if the party declares on Florida Rule of General Practice and Judicial Administration Form 2.601, under penalties of perjury, that the party does not have an e-mail account or does not have regular access to the Internet. If a party not represented by an attorney is excused from e- mail service, service on and by that party must be by the means provided in subdivision (f)(6).

(v) Format of E-mail for Service. All documents served by e-mail must be sent by an e-mail message containing a subject line beginning with the words “SERVICE OF COURT DOCUMENT” in all capital letters, followed by the case number of the proceeding in which the documents are being served. The body of the e-mail must identify the court in which the proceeding is pending, the case number, the name of the initial party on each side, the title of each document served with that e- mail, and the sender’s name and telephone number. Any e-mail which, together with its attachments, exceeds five megabytes (5MB) in size, must be divided and sent as separate e-mails, numbered in the subject line, no one of which may exceed 5MB in size.

(vi) Time of Service. Service by e-mail is complete on the date sent and must be treated as service by mail for the computation of time. If the sender learns that the e-mail did not reach the address of the person to be served, the sender must immediately send another copy by e-mail or by a means authorized by subdivision (f)(6).

(6) Service by Other Means. In addition to, and not in lieu of, service by e-mail, service may also be made on attorneys and parties not represented by an attorney by any of the means specified in this subdivision. If a document is served by more than one method of service, the computation of time for any response to the served document must be based on the method of service that provides the shortest response time. Service on and by all parties and participants who are not represented by an attorney and who are excused from e-mail service, and on and by all attorneys excused from e-mail service, must be made by delivering a copy of the document or by mailing it to the party or participant at their permanent mailing address if one has been provided to the court or to the party, participant, or attorney at their last known address or, if no address is known, by leaving it with the clerk of the court. Service by mail is complete on mailing. Delivery of a copy within this rule is complete on:

(A) handing it to the attorney or to the party or participant,

(B) leaving it at the attorney’s, party’s or participant’s office with a clerk or other person in charge thereof,

(C) if there is no one in charge, leaving it in a conspicuous place therein,

(D) if the office is closed or the person to be served has no office, leaving it at the person’s usual place of abode with some person of his or her family above 15 years of age and informing such person of the contents, or

(E) transmitting it by facsimile to the attorney’s, party’s, or participant’s office with a cover sheet containing the sender’s name, firm, address, telephone number, and facsimile number, and the number of pages transmitted. When service is made by facsimile, a copy must also be served by any other method permitted by this rule. Facsimile service occurs when transmission is complete.

(F) Service by delivery is deemed complete on the date of the delivery.

(7) Filing. All documents must be filed with the court either before service or immediately thereafter. If the original of any bond or other document is required to be an original and is not placed in the court file or deposited with the clerk, a certified copy must be so placed by the clerk.

(8) Filing Defined. The filing of documents with the court as required by these rules must be made by filing them with the clerk, except that the judge may permit documents to be filed with the judge, in which event the judge must note the filing date before him or her on the documents and transmit them to the clerk. The date of filing is that shown on the face of the document by the judge’s notation or the clerk’s time stamp, whichever is earlier.

(9) Certificate of Service. When any attorney certifies in substance: “I certify that a copy hereof has been furnished to (here insert name or names and addresses used for service) by (e-mail) (delivery) (mail) (fax) on .....(date)…... Attorney” the certificate must be taken as prima facie proof of such service in compliance with this rule.

(10) Service by Clerk. When the clerk is required to serve notices and other documents, the clerk may do so by e-mail or by another method permitted under subdivision (c). Service by a clerk is not required to be by e-mail.

(11) Service of Orders.

(A) A copy of all orders or judgments must be transmitted by the court or under its direction to all parties at the time of entry of the order or judgment. No service need be made on parties against whom a default has been entered except orders setting an action for trial and final judgments that must be prepared and served as provided in subdivision (c)(11)(B). The court may require that orders or judgments be prepared by a party, may require the party to furnish the court with stamped addressed envelopes for service of the order or judgment, and may require that proposed orders and judgments be furnished to all parties before entry by the court of the order or judgment. The court may serve any order or judgment by e-mail to all attorneys and parties not represented by an attorney who have not been excused from e-mail service.

(B) When a final judgment is entered against a party in default, the court must mail a conformed copy of it to the party. The party in whose favor the judgment is entered must furnish the court with a copy of the judgment, unless it is prepared by the court and with the address of the party to be served. If the address is unknown, the copy need not be furnished.

(C) This subdivision is directory and a failure to comply with it does not affect the order or judgment or its finality or any proceedings arising in the action.

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.