(a)Initiation of Proceedings.(1) All proceedings seeking the termination of parental rights to a child shall be initiated by the filing of an original petition in the pending dependency action, if any.(2) A petition for termination of parental rights may be filed at any time by the department, the guardian ad litem, or any person having knowledge of the facts. Each petition shall be titled a petition for termination of parental rights.(3) When provided by law, a separate petition for dependency need not be filed. (b)Contents.(1) The petition shall contain allegations as to the identity and residence of the parents, if known.(2) The petition shall identify the age, sex, and name of the child. Two or more children may be the subject of the same petition.(3) The petition shall include facts supporting allegations that each of the applicable statutory elements for termination of parental rights has been met.(4) When required by law, the petition shall contain a showing that the parents were offered a case plan and did not substantially comply with it.(5) The petition shall contain an allegation that the parents will be informed of the availability of private placement of the child with an adoption entity, as defined in chapter 63, Florida Statutes.(6) The petition shall have a certified copy of the birth certificate of each child named in it attached unless the petitioner, after diligent search and inquiry, is unable to produce it, in which case the petition shall state the date and place of birth of each child, unless these matters cannot be ascertained after diligent search and inquiry or for other good cause.(c)Verification. The petition shall be signed under oath stating the good faith of the petitioner in filing it. No objection to a petition on the grounds that it was not signed or verified as required shall be entertained after a plea to the merits.(d)Amendments. At any time before the conclusion of an adjudicatory hearing, an amended petition may be filed or the petition may be amended by motion. However, after a written answer has been filed or the adjudicatory hearing has commenced, amendments shall be permitted only with the permission of the court unless all parties consent. Amendments shall be freely permitted in the interest of justice and the welfare of the child. A continuance shall be granted on motion and a showing that the amendment prejudices or materially affects any party.(e)Defects and Variances. No petition or any count of it shall be dismissed, or any judgment vacated, because of any defect in the form of the petition or of misjoinder of counts. If the court is of the opinion that the petition is so vague, indistinct, and indefinite as to mislead the parent and prejudice him or her in the preparation of a defense, the petitioner will be required to furnish a more definite statement.(f)Voluntary Dismissal. The petitioner, without leave of the court, at any time before entry of an order of adjudication, may request a voluntary dismissal of the petition by serving a notice of request of dismissal on all parties or, if during a hearing, by so stating on the record. The petition shall be dismissed and the court loses jurisdiction unless another party adopts the petition within 72 hours. Unless otherwise stated, the dismissal shall be without prejudice.(g)Parental Consent.(1) The parents of the child may consent to the petition for termination of parental rights at any time, in writing or orally, on the record.(2) If, before the filing of the petition for termination of parental rights, the parents have consented to the termination of parental rights and executed surrenders and waivers of notice of hearing as provided by law, this shall be alleged in the petition and copies shall be attached to the petition and presented to the court.(3) If the parents appear and enter an oral consent on the record to the termination of parental rights, the court shall determine the basis on which a factual finding may be made and shall incorporate these findings into its order of disposition.Amended effective 7/1/2023; amended by 101 So.3d 368, effective 10/11/2012; amended by 894 So.2d 875, effective 1/27/2005; amended by 753 So.2d 1214, effective 7/1/1999; amended by 725 So.2d 296, effective 10/1/1998; amended by 661 So.2d 800, effective 9/28/1995; added by 589 So.2d 818, effective 7/1/1991; added by 549 So.2d 663, effective 10/1/1989; added by 462 So.2d 399, effective 1/1/1985.