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Florida Statute 39.801 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 39
PROCEEDINGS RELATING TO CHILDREN
View Entire Chapter
F.S. 39.801
39.801 Procedures and jurisdiction; notice; service of process.
(1) All procedures, including petitions, pleadings, subpoenas, summonses, and hearings, in termination of parental rights proceedings shall be according to the Florida Rules of Juvenile Procedure unless otherwise provided by law.
(2) The circuit court shall have exclusive original jurisdiction of a proceeding involving termination of parental rights.
(3) Before the court may terminate parental rights, in addition to the other requirements set forth in this part, the following requirements must be met:
(a) Notice of the date, time, and place of the advisory hearing for the petition to terminate parental rights; if applicable, instructions for appearance through audio-video communication technology; and a 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 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. 39.503 or s. 39.803, unless a court order has been entered pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which indicates no further notice is required. Except as otherwise provided in this section, if there is not a legal father, notice of the petition for termination of parental rights must be provided to any known prospective father who is identified under oath before the court or who is identified by a diligent search of the Florida Putative Father Registry. Service of the notice of the petition for termination of parental rights is not required if the prospective father executes an affidavit of nonpaternity or a consent to termination of his parental rights which is accepted by the court after notice and opportunity to be heard by all parties to address the best interests of the child in accepting such affidavit.
7. The guardian ad litem for the child or the representative of the guardian ad litem program, if the program has been appointed.

A party may consent to service or notice by e-mail by providing a primary e-mail address to the clerk of the court. The document containing the notice to respond or appear must contain, in type at least as large as the type in the balance of the document, the following or substantially similar language: “FAILURE TO APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS NOTICE.”

(b) If a party 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 appear at the advisory hearing, either physically or, by agreement of the parties or at the discretion of the court, through audio-video communication technology, the failure to appear constitutes consent for termination of parental rights by the person given notice. If a parent appears for the advisory hearing and the court orders that parent to appear at the adjudicatory hearing for the petition for termination of parental rights, stating the date, time, and location of the hearing and, if applicable, instructions for appearance through audio-video communication technology, then failure of that parent to appear, either physically or, by agreement of the parties or at the discretion of the court, through audio-video communication technology, at the adjudicatory hearing constitutes consent for termination of parental rights.
(4) 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.
(5) 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.
(6) Subpoenas may be served within the state by any person over 18 years of age who is not a party to the proceeding and, in addition, may be served or executed by authorized agents of the department or of the guardian ad litem.
(7) 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; s. 83, ch. 98-403; s. 42, ch. 99-193; s. 21, ch. 2017-151; s. 7, ch. 2023-302.
Note.Former ss. 39.46, 39.462.

F.S. 39.801 on Google Scholar

F.S. 39.801 on Casetext

Amendments to 39.801


Arrestable Offenses / Crimes under Fla. Stat. 39.801
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.801.



Annotations, Discussions, Cases:

Cases from cite.case.law:

In INTEREST OF M. G. A. B. A. D. v. Ad, 269 So. 3d 642 (Fla. App. Ct. 2019)

. . . Under section 39.801(3)(a), Florida Statutes (2018), parents must be notified of an advisory hearing . . . the advisory hearing constitutes consent by that parent for termination of their parental rights. § 39.801 . . .

In INTEREST OF T. J. T. a E. U. v. Ad, 257 So. 3d 1220 (Fla. App. Ct. 2018)

. . . required by statute to enter a consent when a parent fails to appear for an advisory hearing, see § 39.801 . . .

M. P. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 230 So. 3d 512 (Fla. Dist. Ct. App. 2017)

. . . adjudicatory hearing, the trial court entered an implied consent to termination, pursuant to section 39.801 . . .

G. H. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 227 So. 3d 761 (Fla. Dist. Ct. App. 2017)

. . . See § 39.801(3), Fla. Stat. (2016); M.J.W. v. . . . Dep’t of Children & Families, 826 So.2d 1038, 1040 (Fla. 1st DCA 2002) (“Under, section 39.801(3)(a), . . . may personally serve G.H. with both a copy of the petition and a summons in compliance with section 39.801 . . .

C. R. Y. L. B. H- R. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 225 So. 3d 393 (Fla. Dist. Ct. App. 2017)

. . . .that the trial court abused its discretion in entering a default consent termination under section 39.801 . . . appear at the adjudicatory hearing shall constitute consent for termination of parental rights.” § 39.801 . . . The purpose of section 39.801(3)(d) “is not to terminate parental rights on a ‘gotcha’ basis.” . . .

T. H. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 221 So. 3d 1285 (Fla. Dist. Ct. App. 2017)

. . . Section 39.801(3)(d), Florida Statutes (2016), authorizes constructive or implied consent in termination . . .

S. M. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 202 So. 3d 769 (Fla. 2016)

. . . finally the permanency determination (section 39.621) and the termination of parental rights (section 39.801 . . .

In S. M. M. M. R. W. M. v. Ad, 184 So. 3d 1235 (Fla. Dist. Ct. App. 2016)

. . . jurisdiction to hold a healing on the father’s motion to set aside his deemed consent under section 39.801 . . . father to have implicitly consented to the termination of his párental rights by default under section 39.801 . . . Section 39.801(3)(d) states that the “failure of [a] parent to personally appear at the adjudicatory . . .

In ADOPTION OF K. A. G. a, 152 So. 3d 1271 (Fla. Dist. Ct. App. 2014)

. . . . § 39.801, Fla. . . .

N. O. v. DEPARTMENT OF CHILDREN AND FAMILIES Ad, 126 So. 3d 445 (Fla. Dist. Ct. App. 2013)

. . . Department of Children and Families and Guardian ad Litem Program, concede that the requirements of section 39.801 . . .

C. S. A. S. D. S. E. S. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 124 So. 3d 978 (Fla. Dist. Ct. App. 2013)

. . . both parents contend that the court erred in entering a consent to the judgment pursuant to section 39.801 . . . Section 39.801(3)(d), Florida Statutes (2012), provides: If a parent appears for the advisory hearing . . . I would apply this reasoning to section 39.801(3)(d). . . .

SLOWINSKI v. M. SWEENEY,, 117 So. 3d 73 (Fla. Dist. Ct. App. 2013)

. . . . §§ 39.801, et seq., Fla. Stat.; see also §§ 63.087, 742.18, Fla. Stat. . . . Slowinski’s parental rights after proper notice and the other procedures required by section 39.801, . . . State Dep’t of Children & Families, 95 So.3d 378 (Fla. 3d DCA 2012) (§ 39.801(3)(a) requires that “prior . . .

J. P. D. L. B. M. J. M. v. FLORIDA DEPARTMENT OF CHILDREN FAMILIES,, 100 So. 3d 271 (Fla. Dist. Ct. App. 2012)

. . . Accordingly, the final order is REVERSED and REMANDED for further proceedings which comply with sections 39.801 . . .

F. M. v. STATE DEPARTMENT OF CHILDREN AND FAMILIES,, 95 So. 3d 378 (Fla. Dist. Ct. App. 2012)

. . . Notice of the advisory hearing and substitute service of process was provided, pursuant to section 39.801 . . . This notice must contain specified language set forth in section 39.801(a)(7), and service by publication . . . Importantly, section 39.801(3)(d) provides: “If the person served with notice under this section fails . . . “It is well-settled that section 39.801(3)(d) and Florida Rule of Juvenile Procedure 8.510(a)(3) provide . . . P.E., 14 So.3d 228 (Fla.2009) (upholding the constitutionality of the default provision in section 39.801 . . .

L. E. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 91 So. 3d 243 (Fla. Dist. Ct. App. 2012)

. . . Pursuant to section 39.801(3)(d), Florida Statutes, the court entered a consent on the mother’s behalf . . . See § 39.801(3)(d), Fla. . . . properly entered determining that a parent’s failure to appear constitutes consent pursuant to section 39.801 . . . The constructive consent provision of section 39.801(3)(d) can only be reasonably understood as providing . . . case, by failing to appear at the advisory hearing, the mother gave constructive consent under section 39.801 . . .

R. A. J. A. J. A. A. A. A. A. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 83 So. 3d 841 (Fla. Dist. Ct. App. 2011)

. . . See § 39.801(3)(d); Fla. R. Juv. P. 8.510(a)(3), 8.525(d); D.M. v. . . . See §§ 39.801(3)(a), (d), 39.808(l)-(3); Fla. R. Juv. P. 8.510(a)(1), (3), 8.525(b), (d). . . .

B. S. v. DEPARTMENT OF CHILDREN FAMILY SERVICES,, 57 So. 3d 964 (Fla. Dist. Ct. App. 2011)

. . . appeals from a trial court order terminating her parental rights by “consent,” pursuant to section 39.801 . . . personally appear at the adjudicatory hearing shall constitute consent for termination of parental rights. § 39.801 . . . See § 39.801(3)(d), Fla. Stat.; J.M. v. . . .

T. H. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 56 So. 3d 150 (Fla. Dist. Ct. App. 2011)

. . . Fifth District examined termination of parental rights by implied or constructive consent under section 39.801 . . . 39.806(l)(a) requires consent by the parents that is altogether different from consent under section 39.801 . . . Specifically, consent under section 39.801(3)(d) is implied, presumed, or constructive consent that derives . . .

JUSTICE ADMINISTRATIVE COMMISSION, v. M. RISEN,, 44 So. 3d 1264 (Fla. Dist. Ct. App. 2010)

. . . See § 39.801(3)(d), Fla. . . .

A. H. A. G. J. G. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 22 So. 3d 801 (Fla. Dist. Ct. App. 2009)

. . . Section 39.801(3)(d), Florida Statutes (2008), addresses requirements that must be met before a court . . . Moreover, even if the trial court had complied with section 39.801, it was still error to enter a consent . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. P. E., 14 So. 3d 228 (Fla. 2009)

. . . statutory construction regarding a parent’s implied consent to termination of parental rights under section 39.801 . . . entry of such consent upon a parent’s “failure to personally appear at the adjudicatory hearing.” § 39.801 . . . Section 39.801 establishes requirements for service and notice and specifically addresses the problem . . . Section 39.801(a) requires that parents be given notice of the advisory hearing and served with a copy . . . The Fifth District concluded that “the Legislature never intended for consent under section 39.801(3) . . . recognizes that the failure of a parent to appear for a hearing, along with the consequences of section 39.801 . . .

STATE DEPARTMENT OF CHILDREN AND FAMILIES, v. In C. W., 14 So. 3d 1041 (Fla. Dist. Ct. App. 2009)

. . . best interests solely on the availability of a relative placement, in direct contravention of section 39.801 . . .

J. M. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 9 So. 3d 34 (Fla. Dist. Ct. App. 2009)

. . . Section 39.801(3)(d), Florida Statutes, provides: If a parent appears for the advisory hearing and the . . .

JUSTICE ADMINISTRATIVE COMMISSION, v. BERRY F., 5 So. 3d 696 (Fla. Dist. Ct. App. 2009)

. . . See § 39.801(3)(a), Fla. . . . petition and a copy of the petition must be personally served on the parents of the child at issue); § 39.801 . . . See § 39.801(3)(d), Fla. . . . not establish that the mother was personally served with the statutory notice required by paragraph 39.801 . . . That analysis concluded squarely, and we agree, that “consent under section 39.801(3)(d) does not end . . .

R. E. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 996 So. 2d 929 (Fla. Dist. Ct. App. 2008)

. . . . § 39.801(3)(d), Fla. Stat.; Fla. R. Juv. P. 8.525(d). . . .

In H. E. a P. E. v. Ad, 3 So. 3d 341 (Fla. Dist. Ct. App. 2008)

. . . ‘section 39.801(3)(d) does not end the judicial labor of the trial court; it must then proceed to receive . . . A.S., 927 So.2d 204, 208 (Fla. 5th DCA 2006) (“[C]onsent under section 39.801(3)(d) does not end the . . . Additionally, section 39.801(3)(d) states that if a parent is provided the proper notice, his or her . . . We understand that this determination renders the consent imposed under section 39.801(3)(d) for failure . . .

THE FLORIDA BAR, v. DOVE,, 985 So. 2d 1001 (Fla. 2008)

. . . See §§ 63.0425(1), 39.801(3)(a)(5), Fla. . . . Cf. §§ 63.0425(1), 39.801(3)(a)(5), Fla. Stat. (2002); In re X.Z.C., 747 So.2d at 1006-07. . . . Section 39.801(3)(a)(5), Florida Statutes (2002), provides: (3) Before the court may terminate parental . . .

In H. S. S. S. L. S. v. Ad, 995 So. 2d 516 (Fla. Dist. Ct. App. 2008)

. . . . § 39.801(3)(d), Fla. Stat. (2005). . . .

O. R. M. L. v. DEPARTMENT OF CHILDREN FAMILY SERVICES Ad, 979 So. 2d 1105 (Fla. Dist. Ct. App. 2008)

. . . . §§ 39.506(3), 39.801(3)(d), Fla. Stat. (2007); Fla. R. Juv. . . .

A. D. v. DEPARTMENT OF CHILDREN AND FAMILIES, STATE OF FLORIDA,, 974 So. 2d 627 (Fla. Dist. Ct. App. 2008)

. . . See § 39.801(S)(d), Fla. Stat. (2007). . . .

S. S. v. STATE DEPARTMENT OF CHILDREN FAMILY SERVICES,, 976 So. 2d 41 (Fla. Dist. Ct. App. 2008)

. . . the mother’s implied consent for termination of parental rights under the plain language of paragraph 39.801 . . . not establish that the mother was personally served with the statutory notice required by paragraph 39.801 . . . The effect of an “implied, presumed or constructive consent” under paragraph 39.801(3)(d) has been analyzed . . . That analysis concluded squarely, and we agree, that “consent under section 39.801(3)(d) does not end . . .

In J. B. a C. B. v. Ad, 990 So. 2d 520 (Fla. Dist. Ct. App. 2008)

. . . See § 39.801(3)(d), Fla. Stat. (2005). . . . This court reviews a final judgment of termination entered pursuant to section 39.801(3)(d) for an abuse . . . Section 39.801(3)(d) provides, in pertinent part: If the person served with notice under this section . . . See id. at 833-34 (affirming termination under section 39.801(3)(d) based on trial court’s determination . . . DCA 2004) (adopting this three-part test for requests to vacate consents entered pursuant to section 39.801 . . . I do not believe that our legislature envisioned that section 39.801(3)(d), Florida Statutes (2005), . . . I believe the use of section 39.801(3)(d) under these factual circumstances to terminate a fundamental . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. J. J. E. J. E. A, 953 So. 2d 659 (Fla. Dist. Ct. App. 2007)

. . . Section 39.801, Florida Statutes (2006), and Florida Rules of Juvenile Procedure 8.505 govern the procedure . . . Section 39.801(3)(a)l. and rule 8.505(a)(1) provide that before a court can terminate parental rights . . . If a party entitled to personal service cannot be so served, section 39.801(3)(b) thereafter compels . . .

In D. A. G. A. R. R. B. B. a k a A. B. v., 943 So. 2d 885 (Fla. Dist. Ct. App. 2006)

. . . Section 39.801(3)(d), Florida Statutes (2004), provides that a parent’s failure to personally appear . . . The trial court denied counsel’s request for a continuance and, pursuant to section 39.801(3)(d), determined . . .

In C. M. E. M. V. M. v. Ad, 941 So. 2d 1255 (Fla. Dist. Ct. App. 2006)

. . . Section 39.801(3)(d), Florida Statutes (2005), provides that when a parent attends an advisory hearing . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. A. S. W. S. R. S. a, 927 So. 2d 204 (Fla. Dist. Ct. App. 2006)

. . . We hold that the presumed, implied, or constructive consent that is imposed under section 39.801(3)(d . . . Hence we must resolve a legal issue that requires us to analyze the interplay between sections 39.801 . . . Carrying this argument to its logical conclusion, they contend that consent under section 39.801(3)(d . . . (3)(d), and for good reason: the Legislature never intended for consent under section 39.801(3)(d) to . . . See § 39.801(3)(d), Fla. Stat. . . .

D. M. C. L. C. L. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 921 So. 2d 737 (Fla. Dist. Ct. App. 2006)

. . . Section 39.801(3)(d), Florida Statutes (2005), provides that if a person served with notice fails to . . . that if a parent fails to appear at an appointed time and place for a termination proceeding, sections 39.801 . . . The default provisions contained in section 39.801(3)(d) concern the requirement of a parent to “appear . . .

In T. B. a T. B. v., 920 So. 2d 170 (Fla. Dist. Ct. App. 2006)

. . . Section 39.801(3)(d), Florida Statutes (2003), provides, in pertinent part, as follows: If a parent appears . . . Although section 39.801(3)(d) allows for an implied consent to termination, “courts should ordinarily . . . See § 39.801(3)(d), Fla. Stat (2003); T.L.D. v. Dep’t of Children & Family Servs. . . .

In S. N. W. a LLC, v. S. C. W., 912 So. 2d 368 (Fla. Dist. Ct. App. 2005)

. . . . § 39.801, Fla. . . .

T. M. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 905 So. 2d 993 (Fla. Dist. Ct. App. 2005)

. . . See § 39.801(3)(d), Fla. Stat. . . .

V. D. C. D. B. a v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 899 So. 2d 1193 (Fla. Dist. Ct. App. 2005)

. . . adequate notice of the necessity to attend either an advisory hearing or an adjudicatory hearing, section 39.801 . . . But section 39.801(3)(d) does not permit a court to “enter a consent” on account of a parent’s failure . . . Section 39.801(3)(d), Florida Statutes (2000), provides the trial court with authority to enter a default . . .

E. A. B. S. B. S. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 894 So. 2d 1049 (Fla. Dist. Ct. App. 2005)

. . . E.A. did not “fail to personally appear” at the hearing, and section 39.801(3)(d), Florida Statutes, . . . See § 39.801(3)(d), Fla. Stat. (2004). . . . present as an implied or. constructive consent to the termination of parental rights, pursuant to section 39.801 . . . Unquestionably, under section 39.801(3)(d), Florida Statutes (2004), and Rule 8.525(d), Florida Rules . . .

AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 894 So. 2d 875 (Fla. 2005)

. . . The amendment brings the rule into conformance with section 39.801(3)(a) and (3)(d), Florida Statutes . . .

In A. N. D. a T. L. D. v., 883 So. 2d 910 (Fla. Dist. Ct. App. 2004)

. . . See § 39.801(3)(d), Fla. Stat. (2002). . . . Pursuant to section 39.801(3)(d), “[i]f a parent appears for the advisory hearing and the court orders . . . test for vacating a default” would apply to a request to vacate a consent entered pursuant to section 39.801 . . . Further, while section 39.801(3)(d) does authorize constructive or implied consent in termination cases . . . consents implied by section 39.506(3), Florida Statutes (2002) (involving dependency), and section 39.801 . . .

BUSH, v. SCHIAVO,, 885 So. 2d 321 (Fla. 2004)

. . . .”); § 39.801(2), Fla. . . .

B. C. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 887 So. 2d 1046 (Fla. 2004)

. . . dissenting opinion that a forward-looking construction of section 39.806(l)(d)(l) contravenes section 39.801 . . .

B. H. SR. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 882 So. 2d 1099 (Fla. Dist. Ct. App. 2004)

. . . Following a motion for rehearing, the attorney ad litem and the Department argued that under section 39.801 . . . of his parental rights by failing to personally appear at the advisory hearing, pursuant to section 39.801 . . . this case, father’s appearance by telephone constituted a personal appearance for purposes of section 39.801 . . . It is well-settled that section 39.801(3)(d) and Florida Rule of Juvenile Procedure 8.510(a)(3) provide . . . In affirming, the First District held that under section 39.801(3)(d), a parent’s personal appearance . . .

E. S. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 878 So. 2d 493 (Fla. Dist. Ct. App. 2004)

. . . . § 39.801(3)(d), Fla. Stat. (2003); see ch. 99-193, § 42, Laws of Fla.; J.B. v. . . . contemplates that “the court orders that parent to personally appear at the adjudicatory hearing ....” § 39.801 . . . conclude that the principles outlined in R.H. are applicable when the court has proceeded under paragraph 39.801 . . .

S. C. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 877 So. 2d 831 (Fla. Dist. Ct. App. 2004)

. . . Further, section 39.801(3)(d), Florida Statutes, and Florida Rule of Juvenile Procedure 8.510(a)(3), . . . noticed of the hearing requiring his presence, the First District held that the clear language of section 39.801 . . . to provide the court with a reasonable excuse for their absence supported termination under section 39.801 . . .

R. S. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 872 So. 2d 412 (Fla. Dist. Ct. App. 2004)

. . . reverse and remand for the entry of a termination order removing all findings and references relevant to 39.801 . . .

D. F. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 877 So. 2d 733 (Fla. Dist. Ct. App. 2004)

. . . See § 39.801(3)(d), Fla. . . .

PERLOW, v. H. BERG- PERLOW,, 875 So. 2d 383 (Fla. 2004)

. . . See § 39.801, Fla. Stat. (2003). . . .

V. V. S. M. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 862 So. 2d 905 (Fla. Dist. Ct. App. 2003)

. . . See § 39.801(3)(d), Fla. Stat. (2003). PETERSON, THOMPSON and ORFINGER, JJ., concur. . . .

In C. D. T. E. D. v., 867 So. 2d 405 (Fla. Dist. Ct. App. 2003)

. . . See generally § 39.801(3)(d), Fla. . . .

R. H. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 860 So. 2d 986 (Fla. Dist. Ct. App. 2003)

. . . separately to clarify that defaults by consent can be properly entered against parents pursuant to Section 39.801 . . . ., 768 So.2d 1060 (Fla.2000)(upholding constitutionality of consent to default provision of Section 39.801 . . . See § 39.801(3)(d), Fla. . . . Section 39.801(3)(d) provides that a consent for termination of parental rights shall be entered where . . .

In T. S. a C. D. v., 855 So. 2d 679 (Fla. Dist. Ct. App. 2003)

. . . cannot be said that the parent’s rights were terminated involuntarily. 854 So.2d at 721-22 (citing § 39.801 . . .

In A. D. C. a C. C. v., 854 So. 2d 720 (Fla. Dist. Ct. App. 2003)

. . . Section 39.801(3)(d) specifically states that “failure to personally appear shall constitute consent . . . required message that failure to appear would constitute consent to the termination of parental rights. § 39.801 . . .

In S. C. a P. C. v., 857 So. 2d 217 (Fla. Dist. Ct. App. 2003)

. . . Section 39.801(3)(d), Florida Statutes (2002), provides in part: If a parent appears for the advisory . . .

A. M. Z. M. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 853 So. 2d 1084 (Fla. Dist. Ct. App. 2003)

. . . Significant in the present case, as in R.P., this court discussed section 39.801(3)(d), Florida Statutes . . . Section 39.801(3)(d), Florida Statutes (2001), provides "If the person served with notice under this . . .

In A. T. G. a J. G. L. S. v., 842 So. 2d 877 (Fla. Dist. Ct. App. 2003)

. . . neither J.G. nor L.S. received proper written notice of the advisory hearing as required by section 39.801 . . .

In CJ. D. J. J. C. v., 834 So. 2d 965 (Fla. Dist. Ct. App. 2003)

. . . concedes, J.C. did not receive proper written notice of the advisory hearing as required by section 39.801 . . .

R. P. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 835 So. 2d 1212 (Fla. Dist. Ct. App. 2003)

. . . See § 39.801(3)(d), Fla. . . .

J. M. OF D. F. N. F. S. F. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 833 So. 2d 279 (Fla. Dist. Ct. App. 2002)

. . . Section 39.801 provides for notice, service of process and termination of parental rights for failure . . . Florida Rule of Juvenile Procedure 8.505(c) and section 39.801(3)(b), Florida Statutes, both provide . . . Rule 8.505(a) as well as section 39.801, Florida Statutes, quoted above, both require that the parents . . . constructive service on a missing parent, rule 8.505(c) requires publication “as provided by law,” and section 39.801 . . .

W. K. S. K. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 832 So. 2d 229 (Fla. Dist. Ct. App. 2002)

. . . Section 39.801 of the Florida Statutes (2001) states that the parents have a right to be notified of . . .

M. J. W. J. W. A v. DEPARTMENT OF CHILDREN AND FAMILIES,, 825 So. 2d 1038 (Fla. Dist. Ct. App. 2002)

. . . mother, personally or by publication, with a notice of the termination proceeding as required by section 39.801 . . . Pursuant to section 39.801(1), Florida Statutes (1999): All procedures, including petitions, pleadings . . . If the notice cannot be personally served, under section 39.801(3)(b), “notice of hearings must be given . . . Under section 39.801, Florida Statutes (1999), and Florida Rule of Juvenile Procedure 8.505(a)(1), a . . . Section 39.801(1) and (3)(a) and rule 8.505(a)(1) and (c) provide the sole manner to effect service of . . .

C. R. K. v. DEPARTMENT OF CHILDREN FAMILIES,, 826 So. 2d 1053 (Fla. Dist. Ct. App. 2002)

. . . failure to appear constituted grounds of termination of parental rights in accordance with Section 39.801 . . . The trial court relied upon Section 39.801(3)(d), Florida Statutes (2001), as the basis for the termination . . .

In E. A. S. O. R. A. v., 813 So. 2d 208 (Fla. Dist. Ct. App. 2002)

. . . Children and Family Services concedes that the trial court did not satisfy the requirements of section 39.801 . . . Therefore; this court need not address the constitutionality of section 39.801(3)(d). . . .

L. O. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 807 So. 2d 810 (Fla. Dist. Ct. App. 2002)

. . . . § 39.801(1), Fla. Stat. (1999)(emphasis added); see Fla. R. Juv. P. Part II, E. . . .

In C. R. M. R. A. S. M. S. M. S. S. S. M. T. v., 806 So. 2d 646 (Fla. Dist. Ct. App. 2002)

. . . Section 39.801(3)(d), Florida Statutes (2000), provides the trial court with authority to enter a default . . .

J. T. N. T. J. L. K. J. T. Jr. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 800 So. 2d 692 (Fla. Dist. Ct. App. 2001)

. . . See § 39.801(3)(d), Fla. Stat. . . . Section 39.801(d), Florida Statutes (1999) provides: (d) If the person served with notice under this . . .

In W. C. A. C. A. C. M. C. M. C. v., 797 So. 2d 1273 (Fla. Dist. Ct. App. 2001)

. . . court treated M.C.’s failure to personally appear as a default consent to termination under section 39.801 . . . At the time Appellee filed the petition for termination of parental rights, section 39.801(3), Florida . . . First, section 39.801(3)(a), Florida Statutes (2000), required that the notice of the advisory hearing . . . Second, section 39.801(3)(d), provided that: If the person served with notice under this section fails . . . served on M.C. in New Jersey where he resides contained the following language, as required in section 39.801 . . .

In A. B. a S. B. v., 775 So. 2d 356 (Fla. Dist. Ct. App. 2000)

. . . Pursuant to section 39.801(3)(a)(1), Florida Statutes (1999), and Florida Rule of Juvenile Procedure . . .

J. B. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 768 So. 2d 1060 (Fla. 2000)

. . . . § 39.801(3)(d), Fla. Stat. (1999) (emphasis added). . . . . LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS NOTICE." § 39.801 . . .

ADOPTION BY CHOICE, INC. v. In X. Z. C. a, 747 So. 2d 1006 (Fla. Dist. Ct. App. 1999)

. . . terminating parental rights on the basis that the maternal grandmother was entitled to notice under section 39.801 . . . Section 39.801(3)(a)5, Florida Statutes (Supp.1998), provides that any grandparent entitled to priority . . .

In S. S. D. S. S. S. v., 735 So. 2d 576 (Fla. Dist. Ct. App. 1999)

. . . The lawmakers amended section 39.462 and transferred it to section 39.801, Florida Statutes (Supp. 1998 . . . ADVISORY HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN).” § 39.801 . . .

IN RE AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 725 So. 2d 296 (Fla. 1998)

. . . (amending section 39.462(l)(d), Florida Statutes (1997), and renumbering it as section 39.801(3)(d)). . . .