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March 1, 2013
Amendments to the small claims rules

The Florida Bar’s Small Claims Rules Committee has submitted to the Florida Supreme Court its regular-cycle report of proposed amendments to the Florida Small Claims Rules. The court invites all interested persons to comment on the proposed amendments, which are summarized below and reproduced in full online at www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the court on or before April 1, with a certificate of service verifying that a copy has been served on Thomas R. Thompson, Committee Chair, Thompson, Crawford & Smiley, 1330 Thomasville Road, Tallahassee 32303-5608, tom@tcslawfirm.net, and on the Bar staff liaison to the committee, Heather S. Telfer, 651 E. Jefferson Street, Tallahassee 32399-2300, htelfer@flabar.org, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. Further, if comments are directed toward the proposed amendment to rule 7.010 (Title And Scope), the certificate of service shall also verify that a copy has been served on the proponent of the amendment, Judge Vince Murphy, 3301 E. Tamiami Trail Naples 34112, vmurphy@ca.cjjs20.org. If comments are directed toward the proposed new rule 7.235 (Information for Holders of a Final Judgment), the certificate of service shall also verify that a copy has been served on the proponent of the amendment, JD Alexander, Alico, Inc.,10070 Daniels Interstate Court, Suite 100, Ft. Myers 33913, jdalexander@alicoinc.com. The chair has until April 22 to file a response to any comments filed with the court. Electronic copies of all comments also must be filed in accordance with the court’s administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).


IN THE SUPREME COURT OF FLORIDA

IN RE: AMENDMENTS TO THE FLORIDA SMALL CLAIMS RULES, CASE NO. SC13-72

RULE/FORM
EXPLANATION
7.010 (TITLE AND SCOPE)Amends subdivision (b) to clarify that an action to recover a sum of relief or damages is an action at law and appropriately within the Small Claims courts.
7.050 (COMMENCEMENT OF ACTION; STATEMENT OF CLAIM)Amends subdivision (a)(2) to clarify who has legal authority to bind a business entity in court.
Amends subdivision (b) and adds a Committee Note to clarify that a lack of a telephone number on the pleading is not grounds for dismissal.
7.140 (TRIAL)Amends subdivision (f) to clarify that a witness at trial utilizing phone appearance may not do so to avoid the penalties of perjury or to introduce inadmissible evidence.
7.235 (INFORMATION FOR HOLDERS OF A FINAL JUDGMENT)New rule that creates a brochure of information for holders of a final judgment.
7.336 (STATEMENT OF CLAIM FOR REPLEVIN (FOR RETURN OF PERSONAL PROPERTY/WEAPON FROM GOVERNMENT ENTITY))Creates a new uniform statewide form to retrieve personal property or weapons from government entities when that property is solely being held by the agency for safekeeping.
7.350 (CORPORATE AUTHORIZATION TO ALLOW EMPLOYEE TO REPRESENT CORPORATION AT ANY STAGE OF LAWSUIT)Amends form to clarify who has legal authority to bind a business entity in court to be consistent with proposed amendment to Rule 7.050(a)(2).

[Revised: 09-25-2014]