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Florida Statute 409.257 - Full Text and Legal Analysis
Florida Statute 409.257 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 409.257 Case Law from Google Scholar Google Search for Amendments to 409.257

The 2025 Florida Statutes

Title XXX
SOCIAL WELFARE
Chapter 409
SOCIAL AND ECONOMIC ASSISTANCE
View Entire Chapter
409.257 Service of process.
(1) The service of original process and orders in any paternity or child support action or proceeding filed by the department shall be made in accordance with chapter 48. The sheriff shall be reimbursed at the prevailing rate of federal financial participation for service of process and orders as allowed by law. The sheriff shall bill the department monthly as provided for in s. 30.51(2).
(2) Process and orders may be served or executed by authorized agents of the department at the department’s discretion if the agent of the department does not take any action against personal property, real property, or persons.
(3) Service of process by publication under chapter 49 may be made on the legal father in any action or proceeding to determine paternity, which may result in termination of the legal father’s parental rights, in which another man is alleged to be the biological father. Before service of process by publication may be made, the petitioner shall conduct a diligent search and inquiry to locate the legal father. A diligent search must include the inquiries required by s. 63.088(5). The petitioner shall execute an affidavit of diligent search and file it with the court confirming completion of each aspect of the diligent search enumerated in s. 63.088(5) and specifying the results. If the legal father cannot be located, he shall be served with process by publication in the manner provided in chapter 49. The notice shall be published in the county where the legal father was last known to have resided. The clerk of the circuit court shall mail a copy of the notice to the legal father at his last known address.
(4) Notices and other intermediate process, except witness subpoenas, shall be served by the department as provided for in the Florida Rules of Civil Procedure.
(5) Witness subpoenas shall be served by the department by United States mail as provided for in s. 48.031(3).
History.s. 2, ch. 84-141; s. 9, ch. 87-405; s. 8, ch. 89-183; s. 8, ch. 2004-273; s. 15, ch. 2004-334; s. 7, ch. 2007-85; s. 2, ch. 2015-59.

F.S. 409.257 on Google Scholar

F.S. 409.257 on CourtListener

Amendments to 409.257


Annotations, Discussions, Cases:

Cases Citing Statute 409.257

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Florida Dept. of Revenue v. Cummings, 930 So. 2d 604 (Fla. 2006).

Cited 33 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 275, 2006 Fla. LEXIS 808, 2006 WL 1277971

...[4] The service of process statute does not permit constructive service of process in paternity cases, and there is no express provision within chapter 409 to authorize constructive service or to ensure that a legal father's interests are appropriately protected. See § 409.257, Fla....
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In Re Amendments to the Florida Fam. Law Rules of Procedure, 84 So. 3d 257 (Fla. 2012).

Cited 1 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 231, 2012 Fla. LEXIS 588, 2011 WL 5219466

...Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see rule 12.070, Florida Family Law Rules of Procedure, chapter 49, Florida Statutes, and section 409.257, Florida Statutes....
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Amendments to Fl. Fam. Law Rules of Proc., 962 So. 2d 302 (Fla. 2007).

Cited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 501, 2007 Fla. LEXIS 1235, 2007 WL 2002673

...ty action in which another man is alleged to be the biological father, in which case it is necessary to serve process on the legal father in order to establish paternity with regard to the alleged biological father. Chapter 2007-85, section 7 amends section 409.257, Florida Statutes (2006) to require that before such service of process may be made on a legal father in such a proceeding, the diligent search and inquiry requirements of section 63.088, Florida Statutes, must be satisfied by the pet...
...Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see rule 12.070, Florida Family Law Rules of Procedure, rule 1.070(e) and (f), Florida Rules of Civil Procedure, and section 409.257, Florida Statutes....
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In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of Gen. Practice & Jud. Admin., Florida Rules of Crim. Procedure, Florida Prob. Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juv. Procedure, Florida Rules of Appellate Procedure, & Florida Fam. Law Rules of Procedure (Fla. 2021).

Published | Supreme Court of Florida

...rmation? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see rule 12.070, Florida Family Law Rules of Procedure, chapter 49, Florida Statutes, and section 409.257, Florida Statutes. Special notes ....
...cation for assistance has been filed with the Department of Revenue, Child Support Enforcement under Title IV‐D, Social Security Act, except for such matters relating to dissolution of marriage petitions (sections 409.2564, 409.2571, and 409.2597, Florida Statutes), paternity, or UIFSA. (I) Support‐Non IV‐D ‐ all matters relating to child or spousal support in which an application for assistance has not been filed under Title IV‐D, Social Sec...
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In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of Gen. Practice & Jud. Admin., Florida Rules of Crim. Procedure, Florida Prob. Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juv. Procedure, Florida Rules of Appellate Procedure, & Florida Fam. Law Rules of Procedure (Fla. 2021).

Published | Supreme Court of Florida

...rmation? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see rule 12.070, Florida Family Law Rules of Procedure, chapter 49, Florida Statutes, and section 409.257, Florida Statutes. Special notes ....
...cation for assistance has been filed with the Department of Revenue, Child Support Enforcement under Title IV‐D, Social Security Act, except for such matters relating to dissolution of marriage petitions (sections 409.2564, 409.2571, and 409.2597, Florida Statutes), paternity, or UIFSA. (I) Support‐Non IV‐D ‐ all matters relating to child or spousal support in which an application for assistance has not been filed under Title IV‐D, Social Sec...
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In re Amendments to the Florida Fam. Law Rules of Procedure, 104 So. 3d 314 (Fla. 2012).

Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 690, 2012 WL 5518352, 2012 Fla. LEXIS 2356

...Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see rule 12.070, Florida Family Law Rules of Procedure, chapter 49, Florida Statutes, and section 409.257, Florida Statutes....
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In Re: Amendments to the Florida Fam. Law Rules of Procedure - 2020 Regular-Cycle Report (Fla. 2020).

Published | Supreme Court of Florida

...rmation? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see rule 12.070, Florida Family Law Rules of Procedure, chapter 49, Florida Statutes, and section 409.257, Florida Statutes. Special notes....
...cation for assistance has been filed with the Department of Revenue, Child Support Enforcement under Title IV‐D, Social Security Act, except for such matters relating to dissolution of marriage petitions (sections 409.2564, 409.2571, and 409.2597, Florida Statutes), paternity, or UIFSA. (I) Support‐Non IV‐D ‐ all matters relating to child or spousal support in which an application for assistance has not been filed under Title IV‐D, Social Sec...
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In Re Amendments to Fla. to Fam. Law Rules of Procedure, 981 So. 2d 1189 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 261, 2008 Fla. LEXIS 743, 2008 WL 1819683

...Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see rule 12.070, Florida Family Law Rules of Procedure, rule 1.070(e) and (f), Florida Rules of Civil Procedure, and section 409.257, Florida Statutes....

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