RULE 12.070. PROCESS

(a) Issuance of Summons.

(1) In General. On the commencement of the action,
including proceedings to modify a final judgment, summons or
other process authorized by law must be issued immediately by the
clerk or judge under the clerk’s or the judge’s signature and the
seal of the court and delivered for service.

(2) Contents of Summons. All summons in family law
matters must be patterned after Florida Family Law Rules of
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 in any event
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 such 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 several 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
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.

(i) 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.

(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
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 the initial process
and initial pleading is not made upon a respondent within 120 days
after filing of the initial 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;
provided that if the petitioner shows good cause or excusable
neglect for the failure, the court shall 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 must begin
upon the entry of an order granting leave to amend. A dismissal
under this subdivision shall not be considered a voluntary
dismissal or operate as an adjudication on the merits under rule
12.420(a)(1).