Florida Small Claims Rule 7.070
RULE 7.070. METHOD OF SERVICE OF PROCESS
Service of process shall be 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.
Committee Notes
1978 Amendment. Present rule provides for certified or
registered mail. Certified mail has not been satisfactory since the
Postal Service does not deliver to the defendant in all cases.
1984 Amendment. Mail service is allowed on persons
authorized to receive mail for the defendant similar to substituted
service by the sheriff on a resident of the defendant’s abode. The
proposal clarifies the rule that service by mail is not available for
out-of-state defendants.
1992 Amendment. The committee has found that most
jurisdictions forward the summons and complaint for service by
certified mail rather than registered mail. Therefore, the rule is
changed to conform to the custom and to be more in keeping with
the other service requirements that are required by certified mail as
opposed to registered mail.
1996 Amendment. The rule is being modified to exclude Fla.
R. Civ. P. 1.070(i) because Small Claims Rule 7.110(e) provides for
dismissal of a claim for failure to prosecute after 6 months of
inactivity.
Court Commentary
1972 Amendment. The payment of costs of service by
certified or registered mail from the filing fee is authorized by
section 34.041(1), Florida Statutes; chapter 72-404, Laws of
Florida.
Service of process shall be 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.
Committee Notes
1978 Amendment. Present rule provides for certified or
registered mail. Certified mail has not been satisfactory since the
Postal Service does not deliver to the defendant in all cases.
1984 Amendment. Mail service is allowed on persons
authorized to receive mail for the defendant similar to substituted
service by the sheriff on a resident of the defendant’s abode. The
proposal clarifies the rule that service by mail is not available for
out-of-state defendants.
1992 Amendment. The committee has found that most
jurisdictions forward the summons and complaint for service by
certified mail rather than registered mail. Therefore, the rule is
changed to conform to the custom and to be more in keeping with
the other service requirements that are required by certified mail as
opposed to registered mail.
1996 Amendment. The rule is being modified to exclude Fla.
R. Civ. P. 1.070(i) because Small Claims Rule 7.110(e) provides for
dismissal of a claim for failure to prosecute after 6 months of
inactivity.
Court Commentary
1972 Amendment. The payment of costs of service by
certified or registered mail from the filing fee is authorized by
section 34.041(1), Florida Statutes; chapter 72-404, Laws of
Florida.