Florida Family Law Rule 12.080
DOCUMENTS
(a) Service.
(1) Family Law Actions Generally. Every pleading
subsequent to the initial pleading and every other document filed or
required by statute or rule to be served must be served in
conformity with the requirements of Florida Rule of General Practice
and Judicial Administration 2.516.
(2) Domestic, Repeat, Dating, and Sexual Violence, and
Stalking Actions. Service of pleadings and documents regarding
proceedings for injunctions against domestic, repeat, dating, and
sexual violence, and stalking is governed by rule 12.610, where it is
in conflict with this rule.
(3) Limited Appearance. Florida Rule of General
Practice and Judicial Administration 2.516 also applies to service
on the party during the attorney’s limited appearance as provided in
rule 12.040(f) and must be expanded as set forth in subdivisions (b)
and (c) to include additional requirements for service of
recommended orders and for service on defaulted parties.
(b) Service and Preparation of Orders and Judgments. A
copy of all orders or judgments involving family law matters, except
proceedings for injunctions for protection against domestic, repeat,
dating, and sexual violence, and stalking, must be transmitted by
the court or under its direction to all parties at the time of entry of
the order or judgment. The court may require that recommended
orders, orders, or judgments be prepared by a party. If the court
requires that a party prepare the recommended order, order, or
judgment, the party must furnish the court with stamped,
addressed envelopes to all parties for service of the recommended
order, order, or judgment. The court may also require that any
proposed recommended order, order, or judgment that is prepared
by a party be furnished to all parties no less than 24 hours before
submission to the court of the recommended order, order, or
judgment.
(c) Defaulted Parties. No service need be made on parties
against whom a default has been entered, except that:
(1) Pleadings asserting new or additional claims against
defaulted parties must be served in the manner provided for service
of summons contained in rule 12.070.
(2) Notice of final hearings or trials and court orders
must be served on defaulted parties in the manner provided for
service of pleadings and documents contained in Florida Rule of
Judicial Administration 2.516.
(3) Final judgments must be served on defaulted
parties as set forth in Florida Rule of Judicial Administration
2.516(h).
Commentary
1995 Adoption. This rule provides that the procedure for
service shall be as set forth in Florida Rule of Civil Procedure 1.080
with the following exceptions or additions to that rule. First,
subdivision (b) corresponds to and replaces subdivision (h)(1) of rule
1.080 and expands the rule to include recommended orders.
Second, this rule expands items that must be served on defaulted
parties to ensure that defaulted parties are at least minimally
advised of the progress of the proceedings. This rule is not intended
to require the furnishing of a proposed recommended order,
proposed order, or proposed final judgment to a defaulted party.
Committee Notes
2012 Amendment. Subdivision (a)(1) is amended to provide
for service on the party during the attorney’s limited appearance.
Subdivision[s] (a)(1), (c)(2), and (c)(3) are amended to provide for
service in accordance with Florida Rule of Judicial Administration
2.516.