(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 email 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.Amended effective 7/1/2023; amended by 47 Fla. L. Weekly S188, effective 10/1/2022; amended by 783 So.2d 138, effective 1/1/2001; amended by 589 So.2d 818, effective 7/1/1991; amended by 475 So.2d 1240, effective 9/19/1985; amended by 462 So.2d 399, effective 1/1/1985; amended by 393 So.2d 1077, effective 1/1/1981.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).