RULE 1.070 PROCESS
(a) Summons; Issuance. Upon the commencement of
the action, summons or other process authorized by law shall be
issued forthwith by the clerk or judge under the clerk's or the
judge's signature and the seal of the court and delivered for
service without praecipe.
(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 shall make proof of service by affidavit promptly and in any
event within the time during which the person served must respond to
the process. Failure to make proof of service shall not affect the
validity of the service. When any process is returned not executed
or returned improperly executed for any defendant, the party causing
its issuance shall be entitled to such additional process against
the unserved party as is required to effect service.
(c) Service; Numerous Defendants. If there is
more than 1 defendant, the clerk or judge shall issue as many writs
of process against the several defendants as may be directed by the
plaintiff or the plaintiff's attorney.
(d) Service by Publication. Service of process
by publication may be made as provided by statute.
(e) Copies of Initial Pleading for Persons
Served. At the time of personal service of process a copy of the
initial pleading shall be delivered to the party upon whom service
is made. The date and hour of service shall be endorsed on the
original process and all copies of it by the person making the
service. The party seeking to effect personal service shall furnish
the person making service with the necessary copies. When the
service is made by publication, copies of the initial pleadings
shall be furnished to the clerk and mailed by the clerk with the
notice of action to all to all parties whose addresses are stated in
the initial pleading or sworn statement.
(f) Service of Orders. If personal service of a
court order is to be made, the original order shall be filed with
the clerk, who shall certify or verify a copy of it without charge.
The person making service shall use the certified copy instead of
the original order in the same manner as original process in making
service.
(g) Fees; Service of Pleadings. The statutory
compensation for making service shall not be increased by the
simultaneous delivery or mailing of the copy of the initial pleading
in conformity with this rule.
(h) 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.
(i) Service of Process by Mail. A defendant may
accept service of process by mail.
(1) Acceptance of service of a complaint by
mail does not thereby waive any objection to the venue or to the
jurisdiction of the court over the person of the defendant.
(2) A plaintiff may notify any defendant of the
commencement of the action and request that the defendant waive
service of a summons. The notice and request shall:
(A) be in writing and be addressed directly to
the defendant, if an individual, or to an officer or managing or
general agent of the defendant 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 complaint
and shall identify the court in which it has been filed;
(D) inform the defendant 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 defendant twenty days from the
date on which the request is received to return the waiver, or, if
the address of the defendant is outside of the United States, thirty
days from the date on which it is received to return the waiver; and
(G) provide the defendant 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 defendant fails to comply with a
request for waiver within the time provided herein, the court shall
impose the costs subsequently incurred in effecting service on the
defendant unless good cause for the failure is shown.
(4) A defendant who, before being served with
process, timely returns a waiver so requested is not required to
respond to the complaint until sixty days after the date the
defendant received the request for waiver of service. For purposes
of computing any time prescribed or allowed by these rules, service
of process shall be deemed effected 20 days before the time required
to respond to the complaint.
(5) When the plaintiff files a waiver of
service with the court, the action shall proceed, except as provided
in subdivision (4) above, as if a summons and complaint had been
served at the time of filing the waiver, and no further proof of
service shall be required.
(j) Summons; Time Limit. If service of the
initial process and initial pleading is not made upon a defendant
within 120 days after filing of the initial pleading, the court, on
its own initiative after notice or on motion, shall direct that
service be effected within a specified time or shall dismiss the
action without prejudice or drop that defendant as a party; provided
that if the plaintiff shows good cause or excusable neglect for the
failure, the court shall extend the time for service for an
appropriate period. A dismissal under this subdivision shall not be
considered a voluntary dismissal or operate as an adjudication on
the merits under rule 1.420(a)(1).