In re: Amendments to Florida Small Claims Rule 7.070

Summary

The Supreme Court of Florida adopted amendments to Florida Small Claims Rule 7.070 concerning service of process. The amendments establish a 120-day service deadline, provide for additional time under specified circumstances, and require waivers of service to be reduced to writing in the record; they become effective July 1, 2026.

Holdings

1. The Court adopted new subdivision (b), requiring service of the initial process and initial pleading within 120 days after filing the initial pleading directed to the party. If service is not timely made, the court must direct service within a specified time or dismiss the action without prejudice or drop the party.
2. The Court adopted new subdivision (c), requiring waivers of service of process to be reduced to writing in the record.
3. A dismissal under Rule 7.070(b) is without prejudice, is not considered a voluntary dismissal, and does not operate as an adjudication on the merits under Rule 7.110.

Questions Presented

1. Whether the Florida Small Claims Rules should be amended to establish a 120-day time limit for service of initial process and the initial pleading.
2. Whether the Florida Small Claims Rules should require waivers of service of process to be reduced to writing in the record.
3. What additional procedures should govern extensions of time for service, service after amendment adding parties, and the effect of dismissal for failure to timely serve.

Disposition

other