Background
The Florida Bar’s Small Claims Rules Committee submitted a report proposing amendments to Florida Small Claims Rule 7.070, which governs the method of service of process in small claims actions. The Florida Supreme Court published the proposed amendments for public comment, and no comments were received from any party or interested person.
The rulemaking proceeding arose from the Committee’s effort to align small claims practice with existing Florida Rules of Civil Procedure, particularly Rule 1.070(j), which already imposes a 120-day service deadline in general civil litigation. Small claims proceedings lacked a comparable explicit deadline, creating a potential gap in procedural consistency across Florida’s court system.
The Court’s Holding
The Florida Supreme Court adopted the proposed amendments to Rule 7.070 with modifications, effective July 1, 2026, at 12:01 a.m. The court added two new subdivisions. New subdivision (b), captioned “Summons; Time Limit,” establishes that if service of the initial process and initial pleading is not made on a party within 120 days after filing, the court — on its own initiative after notice or on motion — must either direct that service be completed within a specified time, dismiss the action without prejudice, or drop the unserved party. A movant who requests additional time before the 120-day period expires is automatically entitled to an additional 120 days, though the court may require a showing of good cause if leave to add a party is sought after a pretrial conference under Rule 7.090(b)(2).
The court also adopted new subdivision (c), “Waiver of Service of Process,” requiring that any waiver of service of process be reduced to writing in the record. The opinion further clarifies that a dismissal under the new 120-day rule does not constitute a voluntary dismissal and does not operate as an adjudication on the merits under Rule 7.110. All seven justices concurred in the per curiam opinion.
Key Takeaways
- Florida small claims plaintiffs now face a firm 120-day deadline to serve the initial process and pleading, mirroring the deadline already applicable in general civil proceedings under Rule 1.070(j).
- A pre-expiration request for additional time automatically grants another 120 days, but good cause may be required if a new party is added after a Rule 7.090(b)(2) pretrial conference.
- Dismissal for failure to serve within the 120-day window is without prejudice and does not count as a voluntary dismissal or merits adjudication.
- Waivers of service of process in small claims cases must now be in writing and reflected in the record.
- The amendments take effect July 1, 2026, and a motion for rehearing will not alter that effective date.
Why It Matters
For practitioners handling small claims matters in Florida, these amendments introduce a concrete procedural deadline where none previously existed in the small claims rules. Plaintiffs and their counsel must now calendar the 120-day service window from the date of filing and seek an extension before it lapses — a missed deadline risks dismissal, even without prejudice. The alignment with Rule 1.070(j) reduces the procedural divergence between small claims and general civil practice, making compliance more predictable for attorneys who practice in both forums.
The written-waiver requirement for service of process adds a recordkeeping obligation that small claims litigants — who often appear pro se — must observe. Courts and clerks will need to ensure that oral or informal waivers are no longer accepted. While the amendments are modest in scope, they impose real consequences for inattention to service timelines in a docket that handles a high volume of consumer debt, landlord-tenant, and other everyday disputes.