Fla. Fam. L. R. P. 12.070

RULE 12.070

PROCESS

(a) Issuance of Summons.

(1) In General. The summons or other process

authorized by law must be issued and delivered for service

immediately on the commencement of the action, including

proceedings to modify a final judgment, by the clerk or judge under

the clerk’s or the judge’s signature and the seal of the court.

(2) Contents of Summons. All summons in family law

matters must be patterned after Florida Family Law Rules of

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Procedure Form 12.910(a) and must specifically contain the

following language:

WARNING: Rule 12.285, Florida Family Law

Rules of Procedure, requires certain automatic

disclosure of documents and information.

Failure to comply can result in sanctions,

including dismissal or striking of pleadings.

(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. When so appointed, the person serving process

must make proof of service by affidavit promptly and 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 respondent, the party causing its

issuance must be entitled to additional process against the

unserved party as is required to effect service.

(c) Service; Numerous Respondents. If there is more than

1 respondent, the clerk or judge must issue as many writs of

process against the respondents as may be directed by the

petitioner or the petitioner’s attorney.

(d) Service by Publication. Service of process by

publication may be made as provided by statute.

(e) Constructive Service.

(1) For constructive service of process on the legal

father in any case or proceeding to establish paternity which would

result in termination of the legal father’s parental rights, the

petitioner must file an affidavit of diligent search and inquiry that

conforms with Florida Family Law Rules of Procedure Form

12.913(c). If the legal father cannot be located, he must be served

with process by publication in the manner provided by chapter 49,

Florida Statutes. The notice must be published in the county where

the legal father was last known to have resided. The clerk of the

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circuit court must mail a copy of the notice to the legal father at his

last known address.

(2) For constructive service of process in any case or

proceeding involving parental responsibility, custody, or time-

sharing with a minor child, the petitioner must file an affidavit of

diligent search and inquiry that conforms with Florida Family Law

Rules of Procedure Form 12.913(b). If the responding party cannot

be located, the party must be served with process by publication in

the manner provided by chapter 49, Florida Statutes. The clerk of

the circuit court must mail a copy of the notice to the party’s last

known address.

(3) For constructive service of process in all other

cases, an affidavit of diligent search and inquiry in substantial

conformity with Florida Family Law Rules of Procedure Form

12.913(b), must be filed.

(f) Domestic, Repeat, Dating, and Sexual Violence, and

Stalking Proceedings. This rule does not govern service of process

in proceedings for injunctions for protection against domestic,

repeat, dating, and sexual violence, and stalking.

(g) 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 furnish the person making service

with the necessary copies. When the service is made by publication,

copies of the initial pleadings must be furnished 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.

(h) 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.

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(i) Fees; Service of Pleadings. The statutory compensation

for making service cannot be increased by the simultaneous

delivery or mailing of the copy of the initial pleading in conformity

with this rule.

(j) 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.

(k) Service of Process by Mail. A respondent may accept

service of process by mail.

(1) Acceptance of service of a petition by mail does not

waive any objection to the venue or to the jurisdiction of the court

over the person of the respondent.

(2) A petitioner may notify any respondent of the

commencement of the action and request that the respondent waive

service of a summons. The notice and request must:

(A) be in writing and be addressed directly to the

respondent, if an individual, or to an officer or managing or general

agent of the respondent, or other agent authorized by appointment

or law to receive service of process;

(B) be dispatched by certified mail, return receipt

requested;

(C) be accompanied by a copy of the petition and

must identify the court in which it has been filed;

(D) inform the respondent 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 respondent 20 days from the date on

which the request is received to return the waiver, or, if the address

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of the respondent is outside of the United States, 30 days from the

date on which it is received to return the waiver; and

(G) provide the respondent with an extra copy of

the notice and request, including the waiver, as well as a prepaid

means of compliance in writing.

(3) If a respondent fails to comply with a request for

waiver within the time provided herein, the court may impose the

costs subsequently incurred in effecting service on the respondent

unless good cause for the failure is shown.

(4) A respondent who, before being served with process,

timely returns a waiver so requested is not required to respond to

the petition until 60 days after the date the respondent 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

petition.

(5) When the petitioner files a waiver of service with the

court, the action must proceed, except as provided in subdivision

(k)(4) above, as if a summons and petition had been served at the

time of filing the waiver, and no further proof of service shall be

required.

(l) Summons; Time Limit. If service of process on an initial

or supplemental pleading is not made on a respondent within 120

days after filing of the pleading directed to that respondent, 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 respondent as a party. If the

petitioner shows good cause or excusable neglect for the failure, the

court may extend the time for service for an appropriate period.

When a motion for leave to amend with the attached proposed

amended petition is filed, the 120-day period for service of amended

petitions on the new party or parties begins on the entry of an order

granting leave to amend. A dismissal under this subdivision is not

considered a voluntary dismissal and does not operate as an

adjudication on the merits under rule 12.420(a)(1).

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