In Re: Amendments To The Florida Small Claims Rules (Two Year Cycle) – Revised Opinion
Supreme Court of Florida
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No. SC05-146
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IN RE: AMENDMENTS TO THE FLORIDA SMALL CLAIMS RULES (TWO YEAR CYCLE).
[December 15, 2005]
REVISED OPINION
PER CURIAM.
We have for consideration the biennial report of proposed rule changes filed by the Small Claims Rules Committee (Committee), in accordance with Florida Rule of Judicial Administration 2.130(c)(4). We have jurisdiction. See art. V, § 2(a), Fla. Const.
BACKGROUND
The Committee's regular-cycle report proposes amendments to rules 7.080 (Service of Pleadings and Papers Other Than Statement of Claim), and 7.090 (Appearance; Defensive Pleadings; Trial Date), as well as the addition of new rule 7.175 (Motions for Costs and Attorneys' Fees). The Committee also proposes amendments to forms 7.322 (Summons/Notice to Appear for Pretrial Conference), 7.340 (Final Judgment), and 7.343 (Fact Information Sheet), and the addition of new forms 7.321(Notice to Appear for Pretrial Conference/Mediation), 7.335 (Statement of Claim (For Return of Stolen Property)), and 7.350 (Corporate Authorization to Allow Employee to Represent Corporation at Any Stage of Lawsuit). As required by rule 2.130(c)(2), prior to submission to the Court, the proposed rule amendments were published in The Florida Bar News and on the internet website of The Florida Bar, and interested parties were invited to comment. Several comments were received by the Committee, but no changes were made to the proposals. After submission to the Court, the proposals were again published for comment, and several comments were received. After considering the comments and holding oral argument, we adopt a majority of the Committee's proposals, with a limited number of exceptions and modifications as set out below.
AMENDMENTS
First, we decline to adopt the proposed amendment to rule 7.080(b), Service of Pleadings and Papers Other Than Statement of Claim. This proposed amendment would allow service of papers (except the initial claim and notice to appear) to be made by delivery to the clerk of court if the party's address is not known. However, it fails to specify the consequence of such delivery. Neither the comments nor oral argument adequately resolved this uncertainty. Therefore, we decline to adopt this proposed rule change.
We also decline to adopt the proposed amendments to rule 7.090, Appearance; Defensive Pleadings; Trial Date. The proposed amendments to subdivisions (a) and (b) of rule 7.090 were proposed by the Supreme Court Committee on Alternative Dispute Resolution Rules and Policy (ADR Committee) in its comment filed with the Court. The Committee did not object to the suggested changes. The proposed amendment to subdivision (a) would have required, â€
