Fla. Sm. Cl. R. 7.070

METHOD OF SERVICE OF PROCESS

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RULE 7.070. 	METHOD OF SERVICE OF PROCESS
(a) 	Generally. Service of process is effected as provided by
law or as provided by Florida Rules of Civil Procedure 1.070(a)–(h).
Constructive service or substituted service of process may be
effected as provided by law. Service of process on Florida residents
only may also be effected by certified mail, return receipt signed by
the defendant, or someone authorized to receive mail at the
residence or principal place of business of the defendant. Either the
clerk or an attorney of record may mail the certified mail, the cost of
which is in addition to the filing fee.
(b) 	Summons; Time Limit. If service of the initial process
and initial pleading is not made on a party within 120 days after
filing of the initial pleading directed to that party, 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 party. If the movant requests additional time
to serve before the expiration of the 120 days, an additional 120
days will be provided to effectuate service; provided, however, that
the court may, if leave is sought to add a party after a pretrial
conference convened under rule 7.090(b)(2), require a showing of
good cause for the delay, and order that service be effected within a
reasonable time. When a motion for leave to amend with an
attached proposed amended statement of claim adding one or more
parties is filed, the 120-day period for service of amended statement
of claim 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 7.110.
(c) 	Waiver of Service of Process. Waivers of service of
process must be reduced to writing in the record.
Committee Notes
1978 Amendment. Present rule provides for certified or
registered mail. Certified mail has not been satisfactory since the
Postal Service does not deliver to the defendant in all cases.
1984 Amendment. Mail service is allowed on persons
authorized to receive mail for the defendant similar to substituted
service by the sheriff on a resident of the defendant’s abode. The
proposal clarifies the rule that service by mail is not available for
out-of-state defendants.
1992 Amendment. The committee has found that most
jurisdictions forward the summons and complaint for service by
certified mail rather than registered mail. Therefore, the rule is
changed to conform to the custom and to be more in keeping with
the other service requirements that are required by certified mail as
opposed to registered mail.
1996 Amendment. The rule is being modified to exclude Fla.
R. Civ. P. 1.070(i) because Small Claims Rule 7.110(e) provides for
dismissal of a claim for failure to prosecute after 6 months of
inactivity.
Court Commentary
1972 Amendment. The payment of costs of service by
certified or registered mail from the filing fee is authorized by
section 34.041(1), Florida Statutes; chapter 72-404, Laws of
Florida.

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