Proposed amendments to the Small Claims Rule 7.070 (Method of Service of Process)
The Small Claims Rules Committee, in compliance with Florida Rule of General Application and Judicial Administration 2.140(b)(2), invite comments on proposed amendments to Small Claims Rule 7.070 Method of Service of Process. Interested persons have until August 15, 2025, to submit any comments, electronically, to Amanda Roath Duffy, chair of the Small Claims Rules Committee, and to Bar attorney liaison, Kelly Smith, at [email protected].
RULE 7.070. METHOD OF SERVICE OF PROCESS
(a) Generally. Service of process shall beis 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. 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 7.110.
(c) Waiver of Service of Process. Waivers of service of process must be reduced to writing in the record.
