RULE 8.225. PROCESS, DILIGENT SEARCHES, AND SERVICE
OF PLEADINGS AND PAPERS

(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) Notice under this rule must be served, mailed,
delivered, or last published at least 20 days 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 shall 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 upon a party or participant represented by an
attorney, service must be made upon the attorney unless service
upon 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. Upon 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. Upon 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
may 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 attached to 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 upon 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 upon mailing. Delivery of a copy within
this rule is complete upon:

(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 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.