Fla. R. Civ. P. 1.070

Process

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RULE 1.070. 	PROCESS
(a) 	Summons; Issuance. On the commencement of the
action, summons or other process authorized by law must be
promptly issued by the clerk or judge under the clerk’s or the
judge’s signature and the seal of the court and delivered for service.
(b) 	Service; By Whom Made. Service of process may be
made by an officer authorized by law to serve process, but the court
may appoint any competent person not interested in the action to
serve the process. The person serving process must make proof of
service by affidavit promptly and in any event within the time
during which the person served must respond to the process.
Failure to make proof of service will not affect the validity of the
service. When any process is returned not executed or returned
improperly executed for any defendant, the party causing its
issuance is entitled to any additional process against the unserved
party as is required to effect service.
(c) 	Service; Numerous Defendants. If more than 1
defendant is named, the clerk or judge must issue as many writs of
process against the several defendants as may be directed by the
plaintiff or the plaintiff’s attorney.
(d) 	Service by Publication or Any Other Means. Service of
process by publication or any other means may be made as
provided by statute.

(e) 	Copies of Initial Pleading for Persons Served. At the
time of personal service of process, a copy of the initial pleading
must be delivered to the party on whom service is made. The date
and hour of service must be endorsed on the original process and
all copies of it by the person making the service. The party seeking
to effect personal service must provide the person making service
with the necessary copies. When the service is made by publication,
copies of the initial pleadings must be provided to the clerk and
mailed by the clerk with the notice of action to all parties whose
addresses are stated in the initial pleading or sworn statement.
(f) 	Service of Orders. If personal service of a court order is
to be made, the original order must be filed with the clerk, who
must certify or verify a copy of it without charge. The person
making service must use the certified copy instead of the original
order in the same manner as original process in making service.
(g) 	Fees; Service of Pleadings. The statutory compensation
for making service will not be increased by the simultaneous
delivery or mailing of the copy of the initial pleading in conformity
with this rule.
(h) 	Pleading Basis. When service of process is to be made
under statutes authorizing service on nonresidents of Florida, it is
sufficient to plead the basis for service in the language of the
statute without pleading the facts supporting service.
(i) 	Service of Process by Mail. A defendant may accept
service of process by mail.
(1) 	Accepting service of a complaint by mail does not
waive any objection to the venue or to the jurisdiction of the court
over the defendant.
(2) 	A plaintiff may notify any defendant of the
commencement of the action and request that the defendant waive
service of a summons. The notice and request must:
(A) 	be in writing and be addressed directly to the
defendant, if an individual, or to an officer or managing or general

agent of the defendant or other agent authorized by appointment or
law to receive service of process;
(B) 	be dispatched by U.S. certified mail, return
receipt requested, or by registered mail as defined by section 1.01,
Florida Statutes;
(C) 	be accompanied by a copy of the complaint
and identify the court in which it has been filed;
(D) 	inform the defendant of the consequences of
compliance and of failure to comply with the request;
(E) 	state the date on which the request is sent;
(F) 	allow the defendant 20 days from the date on
which the request is received to return the waiver, or, if the address
of the defendant is outside of the United States, 30 days from the
date on which it is received to return the waiver; and
(G) 	provide the defendant with an extra copy of the
notice and request, including the waiver, and a prepaid means of
compliance in writing.
(3) 	If a defendant fails to comply with a request for
waiver within the time provided, the court must impose the costs
subsequently incurred in effecting service on the defendant unless
good cause for the failure is shown.
(4) 	A defendant who, before being served with process,
timely returns a waiver is not required to respond to the complaint
until 60 days after the date the defendant received the request for
waiver of service. For purposes of computing any time prescribed or
allowed by these rules, service of process will be deemed effected 20
days before the time required to respond to the complaint.
(5) 	When the plaintiff files a waiver of service with the
court, the action must proceed, except as provided in subdivision
(i)(4) above, as if a summons and complaint had been served at the
time of filing the waiver, and no further proof of service is required.

(j) 	Summons; Time Limit. If service of the initial process
and initial pleading is not made on a defendant within 120 days
after filing of the initial pleading directed to that defendant the
court, on its own initiative after notice or on motion, must direct
that service be effected within a specified time or must dismiss the
action without prejudice or drop that defendant as a party; provided
that if the plaintiff shows good cause or excusable neglect for the
failure, the court must extend the time for service for an
appropriate period. When a motion for leave to amend with the
attached proposed amended complaint is filed, the 120-day period
for service of amended complaints on the new party or parties will
begin on the entry of an order granting leave to amend. A dismissal
under this subdivision will not be considered a voluntary dismissal
or operate as an adjudication on the merits under rule 1.420(a)(1).
Committee Notes
1971 Amendment. Subdivisions (f), (g), and (h) of the existing
rule are combined because they deal with the same subject matter.
The “notice of suit” is changed to “notice of action” to comply with
the statutory change in 1967. Subdivision (g) is new and provides
for substitution of a certified or verified copy of a court order that
must be served. The original is to be filed with the clerk and not
removed. Subdivision (i) is relettered to (h).
1972 Amendment. Subdivision (a) is amended to require the
officer issuing the process to sign it and place the court seal on it.
This was required by former section 47.04, Florida Statutes, and is
essential to the validity of process. When the statute was repealed
these procedural requirements were omitted and inadvertently not
included in the rule. Subdivision (b) is changed to eliminate the
predicate for court appointment of a person to make service of
process. This makes the rule more flexible and permits the court to
appoint someone to make service at any appropriate time.
1980 Amendment. Subdivision (i) is added to eliminate
pleading evidentiary facts for “long arm” service of process. It is
based on the long-standing principle in service by publication that
pleading the basis for service is sufficient if it is done in the
language of the statute. See McDaniel v. McElvy, 91 Fla. 770, 108

So. 820 (1926). Confusion has been generated in the decisions
under the “long arm” statute. See Wm. E. Strasser Construction
Corp. v. Linn, 97 So. 2d 458 (Fla. 1957); Hartman Agency, Inc. v.
Indiana Farmers Mutual Insurance Co., 353 So. 2d 665 (Fla. 2d DCA
1978); and Drake v. Scharlau, 353 So. 2d 961 (Fla. 2d DCA 1978).
The amendment is not intended to change the distinction between
pleading and proof as enunciated in Elmex Corp. v. Atlantic Federal
Savings & Loan Association of Fort Lauderdale, 325 So. 2d 58 (Fla.
4th DCA 1976). It is intended to eliminate the necessity of pleading
evidentiary facts as well as those of pecuniary benefit that were
used in the Elmex case. The amendment is limited to pleading. If
the statutory allegations are attacked by motion, the pleader must
then prove the evidentiary facts to support the statutory
requirements. If denied in a pleading, the allegations must be
proved at trial. Otherwise, the allegations will be admitted under
rule 1.110(e).
1988 Amendment. Subdivision (j) has been added to require
plaintiffs to cause service of original summons within 120 days of
filing the complaint absent good cause for further delay.
1992 Amendment. Subdivision (d) is repealed because the
reason for the rule ceased when process was permitted to run
beyond county boundaries. The amendment to subdivision (j)
(redesignated as (i)) is intended to clarify that a dismissal under this
subdivision is not to be considered as an adjudication on the merits
under rule 1.420(a)(1) of these rules.
1996 Amendment. Subdivision (i) is added to provide some
formality to the practice of requesting waiver of service of process by
a sheriff or person appointed to serve papers or by publication. The
committee intends that only the manner of service will be waived by
this procedure. By accepting service pursuant to this rule, the
defendant will not waive any objection to venue or jurisdiction over
the person or admit to the sufficiency of the pleadings or to
allegations with regard to long-arm or personal jurisdiction. For
example, service of process would be void should a motion to
dismiss be granted because the complaint did not allege the basis
for long-arm jurisdiction over a nonresident defendant. City

Contract Bus Service, Inc. v. H.E. Woody, 515 So. 2d 1354 (Fla. 1st
DCA 1987). Under such circumstances, the defendant must be
served pursuant to law or again waive service pursuant to this rule.
Subdivision (i)(2)(F) allows the defendant 20 days from receipt (or 30
days if the defendant is outside of the United States) to return the
waiver. Accordingly, the committee intends that the waiver be
received by the plaintiff or the plaintiff’s attorney by the twentieth
day (or the thirtieth day if the defendant is outside of the United
States). The former subdivision (i) has been redesignated as
subdivision (j). Form 1.902 may be used to give notice of an action
and request waiver of process pursuant to this rule.
2003 Amendment. Subdivision (j) is amended in accordance
with Totura & Co., Inc. v. Williams, 754 So. 2d 671 (Fla. 2000). See
the amendment to rule 1.190(a).

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