Fillable INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE (Pasco County Clerk, FL)

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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE (Pasco County Clerk, FL)

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Instructions for Florida Family Law Rules of Procedure Form 12.913(c), Affidavit of Diligent Search (11/20)
INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM
12.913(c)
AFFIDAVIT OF DILIGENT SEARCH
(11/20)
When should this form be used?
This form is to be used with Notice of Action For Family Cases With Minor Child(ren), Florida Supreme
Court Approved Family Law Form 12.913(a)(2), to obtain constructive service (also called service by
publication) on the legal father in any action or proceeding to determine paternity which may result in
termination of the legal father’s parental rights.
The legal father is entitled to actual notice of the proceedings when possible. When it is necessary to
use constructive notice, it must be given in a way that is likely to provide actual notice. You must
disclose the last known address of the legal father. A last known address cannot be unknown. This form
includes a checklist of places you must look for information on the location of the legal father. You have
to look in all of these places, and the court must believe that you have made a very serious effort to get
information about the person’s location and that you have followed up on any information you received.
This form should be typed or printed in black ink. After completing this form, you should sign the form.
You should file this document and a Notice of Action For Family Cases With Minor Child(ren), Florida
Supreme Court Approved Family Law Form 12.913(a)(2), with the clerk of the circuit court in the county
where your petition for dissolution of marriage is filed. You should keep a copy for your records.
What should I do next?
A copy of this form must be filed with the court and served on the other party or his or her attorney. The
copy you are serving to the other party must be either mailed, e-mailed, or hand-delivered to the
opposing party or his or her attorney on the same day indicated on the certificate of service. If it is
mailed, it must be postmarked on the date indicated in the certificate of service. Service must be in
accordance with Florida Rule of Judicial Administration 2.516.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or other
pleadings or documents electronically; however, they are not required to do so. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judicial Administration now require that all documents required or
Instructions for Florida Family Law Rules of Procedure Form 12.913(c), Affidavit of Diligent Search (11/20)
permitted to be served on the other party must be served by electronic mail (e-mail) except in certain
circumstances. You must strictly comply with the format requirements set forth in the Florida Rules of
Judicial Administration. If you elect to participate in electronic service, which means serving or receiving
pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review
Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link
to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules
of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT
REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by email, the
procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form
12.915, and you must provide your e-mail address on each form on which your signature appears.
Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme
Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida
Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
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.
Special notes. . .
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out
these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules
of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms
also must put his or her name, address, and telephone number on the bottom of the last page of every
form he or she helps you complete.
Florida Family Law Rules of Procedure Form 12.913(c), Affidavit of Diligent Search (11/20)
IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________COUNTY, FLORIDA
Case No.: __________________________
Division:___________________________
__________________________________,
Petitioner,
and
__________________________________,
Respondent.
AFFIDAVIT OF DILIGENT SEARCH
I, {full legal name}_________________________________, being sworn, certify that the following
information is true:
1. The last known address of the child(ren)’s legal father {name}______________________, as of
{date}______________________________, was:
Address _________________________ City ____________ State __________ Zip ______
Telephone No. ____________________ Fax No. _______________________.
His last known employment, as of {date} __________________, was:
Name of Employer __________________________________________________________
Address __________________________ City ___________ State ________ Zip _________
Telephone No. _____________________ Fax No. _______________________
2. The legal father is over the age of 18.
3. The legal father’s current residence is not known and cannot be determined, although I have
made a diligent search and inquiry to locate him through the following:
You must search ALL of the following sources of information and state the results.
____ United States Post Office inquiry through the Freedom of Information Act for the legal
father’s current address or any previous address.
Result of search: _____________________________________________________
____ Last known employment of the legal father, including name and address of employer.
Result of search: ____________________________________________
____ Regulatory agencies, including professional or occupational licensing, in the area where
the legal father last resided.
Result of search: ____________________
Florida Family Law Rules of Procedure Form 12.913(c), Affidavit of Diligent Search (11/20)
____ Names and addresses of relatives to the extent such can be reasonably obtained from
the petitioner or other sources, contacts with those relatives and inquiry as to the legal
father’s last known address. You are to follow up any leads of any addresses where the
legal father may have moved.
Result of search: _____________________________________________________
____ Information about the legal father’s possible death and, if dead, the date and location.
Result of search: ______________________________________________
____ Telephone listings in the area where the legal father last resided.
Result of search: _____________________________________________________
____ Law enforcement agencies in the area where the legal father last resided.
Result of search: _____________________________________________________
____ Highway Patrol records in the state where the legal father last resided.
Result of search: _____________________________________________________
____ Department of Corrections records in the state where the legal father last resided.
Result of search: _____________________________________________________
____ Hospitals in the last known area of the legal father’s residence.
Result of search: _____________________________________________________
____ Records of utility companies, which include water, sewer, cable TV, and electric in the
last known area of the legal father’s residence.
Result of search: _____________________________________________________
____ Records of the Armed Forces of the U.S. and their response as to whether or not there is
any information about the legal father. (See Florida Supreme Court Approved Family
Law Form 12.912(a), Memorandum for Certificate of Military Service.)
Result of search: _____________________________________________________
____ Records of the tax assessor’s and tax collector’s office in the area where the legal father
last resided.
Result of search: _____________________________________________________
____ Search of one Internet databank locator service.
Result of search: _____________________________________________________
____ Title IV-D (child support enforcement) agency records in the state of the legal father’s
last known address.
Result of search: _____________________________________________________
Florida Family Law Rules of Procedure Form 12.913(c), Affidavit of Diligent Search (11/20)
Under penalties of perjury, I declare that I have read this document and the facts stated in it are true.
Dated: _________________________ _________________________________________
Signature of Petitioner
Printed Name: _____________________________
Address: _________________________________
City, State, Zip: ____________________________
Telephone Number: ________________________
Fax Number: ______________________________
E-mail Address(es): _________________________
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in
all blanks]
This form was prepared for: {choose only one} ( ) Petitioner ( ) Respondent
This form was completed with the assistance of:
{name of individual} ______________________________________________________________,
{name of business} ________________________________________________________________,
{address} _______________________________________________________________________,
{city} __________________, {state} ____, {zip code} ______, {telephone number} _____________.
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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE (Pasco County Clerk, FL)

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Completed 23 June 2021

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