FL · rules
Fla. R. Juv. P. 8.040
Process
(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.
History
Committee Notes 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).
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
2a98511c6df23b512f557e5b71f9b9349d75935e95da3ba8323c60338454e79b
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