12.070 Process

(a) Service of Initial Process. Upon the commencement of all family law actions, including proceedings to modify a final judgment, service of process shall be as set forth in Florida Rule of Civil Procedure 1.070.

(b) Summons. The summons, cross-claim summons, and third-party summons in family law matters shall be patterned after Florida Family Law Rules of Procedure Form 12.910(a) and shall 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.

(c) 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 shall 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 shall be served with process by publication in the manner provided by chapter 49, Florida Statutes. The notice shall be published in the county where the legal father was last known to have resided. The clerk of the circuit court shall mail a copy of the notice to the legal father at his last known address.

(2) 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.

(d) Domestic, Repeat, Dating, and Sexual Violence Proceedings. This rule does not govern service of process in domestic, repeat, dating, and sexual violence proceedings.

CREDIT(S)

Amended Feb. 26, 1998, eff. March 16, 1998 (713 So.2d 1); Sept. 21, 2000 (810 So.2d 1); June 2, 2005 (905 So.2d 865); July 12, 2007 (962 So.2d 302).