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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW (Florida)

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY
LAW FORM 12.913(a)(2)
NOTICE OF ACTION FOR FAMILY CASES
WITH MINOR OR DEPENDENT CHILD(REN)
(06/18)
When should this form be used?
This form may be used to obtain constructive service (also called service by publication) in an
action involving a parenting plan for minor or dependent child(ren) under chapter 61, Florida
Statutes; an action to determine temporary custody by extended family under chapter 751,
Florida Statutes; and termination of a legal father’s parental rights when another man is alleged
to be the biological father. "Parenting plan" means a document created to govern the
relationship between the parents relating to decisions that must be made regarding the minor
or dependent child and must contain a time-sharing schedule for the parents and child. Section
61.046(14), Florida Statutes.
You may use constructive service if you do not know where the other party lives or if the other
party lives outside Florida and you are unable to obtain personal service. Constructive notice
will allow the court to grant the relief requested, but personal service is required before a court
can order payment or termination of child support, spousal support (alimony), or costs. If you
are asking the court to decide how real or personal property located in Florida should be
divided, the Notice of Action must include a specific description of the property. If you use
constructive service, the court can grant only limited relief because its jurisdiction is limited.
This is a complicated area of the law and you should consult an attorney before using
constructive service.
You should complete this form by typing or printing the appropriate information in black ink.
You must insert the other party’s name and last known address and then file this form with the
clerk of the circuit court in the county where your petition was filed. You must also complete
and file an Affidavit of Diligent Search and Inquiry. Use Florida Family Law Rules of Procedure
Form 12.913(b) unless you are serving the legal father in a paternity case where another man is
alleged to be the biological father, or the case involves parental responsibility, custody, or time-
sharing, in which case, you must use Form 12.913(c). You should keep a copy for your records.
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.
Instructions for Florida Supreme Court Approved Family Law Form 12.913(a)(2), Notice of Action For Family
Cases With Minor or Dependent Child(ren) (06/18)
What should I do next?
After the Affidavit of Diligent Search and Inquiry, Family Law Rules of Procedure Form 12.913(c),
is filed, the clerk will sign this form. You will need to publish notice once each week for four
consecutive weeks in a “qualified” newspaper in the county where the case is pending. When in
doubt, ask the clerk which newspapers are “qualified.” The newspaper will charge you for this
service. If you cannot afford to pay the cost of publishing this notice, you may ask the clerk to
post the notice at a place designated for such postings. You will need to file an Application for
Determination of Civil Indigent Status, which you can obtain from the clerk. If the clerk
determines that you cannot afford these costs, the clerk will post the notice of action. If your case
involves termination of a legal father's parental rights when another man is alleged to be the
biological father, you need to publish the notice only in the county where the legal father was last
known to have resided. You are responsible for locating a “qualified” newspaper in the county
where the other party last resided and paying the cost of publication.
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, Florida Rules of Civil Procedure, sections 61.501–61.542, Florida
Statutes and chapter 49, Florida Statutes.
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 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 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 e-
mail, 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-
Instructions for Florida Supreme Court Approved Family Law Form 12.913(a)(2), Notice of Action For Family
Cases With Minor or Dependent Child(ren) (06/18)
mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of
Judicial Administration 2.516.
Special notes...
If the other party fails to respond to your petition within the time limit stated in the notice of
action that is published or posted, you are entitled to request a default. (See Motion for
Default, Florida Supreme Court Approved Family Law Form 12.922(a), and Default, Florida
Supreme Court Approved Family Law Form 12.922(b).)
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.
Instructions for Florida Supreme Court Approved Family Law Form 12.913(a)(2), Notice of Action For Family
Cases With Minor or Dependent Child(ren) (06/18)
IN THE CIRCUIT COURT OF THE _______________ JUDICIAL CIRCUIT,
IN AND FOR _______________________ COUNTY, FLORIDA
Case No.: _______________________________
Division: ________________________________
__________________________________ ,
Petitioner
and
_________________________________ ,
Respondent.
NOTICE OF ACTION FOR
{Specify action} _____________________________________________________________________
TO: {name of Respondent} _______________________________________________________________
{Respondent’s last known address| ________________________________________________________
YOU ARE NOTIFIED that an action for {identify the type of case} _________________________________
has been filed against you and that you are required to serve a copy of your written defenses, if any, to
it on {name of Petitioner} ___________________________________________________, whose address
is __________________________________________________________________________________,
on or before {date}_______________, and file the original with the clerk of this Court at {clerk’s address|
____________________________________________________________________________________,
before service on Petitioner or immediately thereafter. If you fail to do so, a default may be entered
against you for the relief demanded in the petition.
{If applicable, insert the legal description of real property, a specific description of personal property, and
the name of the county in Florida where the property is located} _________________________________
____________________________________________________________________________________.
Copies of all court documents in this case, including orders, are available at the Clerk of the Circuit
Court’s office. You may review these documents upon request.
You must keep the Clerk of the Circuit Court’s office notified of your current address. (You may file
Designation of Current Mailing and E-Mail Address, Florida Supreme Court Approved Family Law Form
12.915.) Future papers in this lawsuit will be mailed or e-mailed to the addresses on record at the clerk’s
office.
Instructions for Florida Supreme Court Approved Family Law Form 12.913(a)(2), Notice of Action For Family Cases
With Minor or Dependent Child(ren) (06/18)
WARNING: Rule 12.285, Florida Family Law Rules of Procedure, requires certain automatic disclosure
of documents and information. Failure to comply can result in sanctions, including dismissal or striking
of pleadings.
Dated: __________________. CLERK OF THE CIRCUIT COURT
By: ___________________________________
{Deputy Clerk}
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 the Petitioner.
This form was completed with the assistance of:
{name of individual} ____________________________________________________________________ ,
{name of business} _____________________________________________________________________,
{address}_____________________________________________________________________________,
{city} ____________________,{state} _____, {zip code}__________, {telephone number}_______
Instructions for Florida Supreme Court Approved Family Law Form 12.913(a)(2), Notice of Action For Family Cases
With Minor or Dependent Child(ren) (06/18)
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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW (Florida)

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Completed 15 February 2021

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