Florida Juvenile Procedure Rule 8.040
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 summons shall require the person on whom it is served to
appear for a hearing at a time and place specified, or if appearance
is via communication technology then the summons shall provide
instructions as to how to attend the hearing. The time of the
hearing shall not be less than 24 hours after service of the
summons. The summons shall require the custodian to produce the
child at the said time and place. A copy of the delinquency petition
shall 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 shall be in accordance with the rule pertaining to the
arraignment of a detained child.
(b) Service.
(1) Generally. The summons and other process shall be
served upon 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 shall 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.
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).
(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 summons shall require the person on whom it is served to
appear for a hearing at a time and place specified, or if appearance
is via communication technology then the summons shall provide
instructions as to how to attend the hearing. The time of the
hearing shall not be less than 24 hours after service of the
summons. The summons shall require the custodian to produce the
child at the said time and place. A copy of the delinquency petition
shall 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 shall be in accordance with the rule pertaining to the
arraignment of a detained child.
(b) Service.
(1) Generally. The summons and other process shall be
served upon 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 shall 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.
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).