The Florida Senate

39.462  Process and services.--

(1)  Before the court may terminate parental rights, in addition to the other requirements set forth in this part, the following requirements must be met:

¹(a)  Notice of the date, time, and place of the advisory hearing for the petition to terminate parental rights and 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 or guardian 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. 39.4051 or s. 39.4625.

7.  The guardian ad litem for the child, if one has been appointed.

The document containing the notice to respond or appear must contain, in type at least as large as the balance of the document, the following or substantially similar language: "FAILURE TO RESPOND TO THIS NOTICE OR TO APPEAR AT THIS HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR THESE CHILDREN)."

(b)  If a person 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)  If the person served with notice under this section fails to respond or appear at the advisory hearing, the failure to respond or appear shall constitute consent for termination of parental rights by the person given notice.

(2)  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.

(3)  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.

(4)  Subpoenas may be served within the state by any person over 18 years of age who is not a party to the proceeding.

(5)  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.

¹Note.--Reenacted effective July 1, 1998, by ss. 6, 11, ch. 97-276, to incorporate the amendments to ss. 39.4051 and 39.4625 by that law effective on that date.