RULES OF CIVIL PROCEDURE--AMENDMENT. The Court adopted proposed amendments to Florida Rules of Civil Procedure 1.440 (Setting Action for Trial) and 1.500 (Defaults and Final Judgments Thereon). The most significant amendments were made to rule 1.500 and "clarify that a party seeking relief must make a motion for default and serve it on the party to be defaulted before a default can be entered by the clerk," and that, " until a clerk or judicial officer enters a default, the party's status in the case has not changed and the party still has a right to notice and to receive service of all filings."
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RULES OF CIVIL PROCEDURE--FORMS--AMENDMENT. Florida Rule of Civil Procedure 1.442 (Proposals for Settlement), form 1.902 (Summons), and form 1.938 (Forcible Entry and Detention) were amended by the Court. Form 1.902 was amended to clarify that the written response to summons may be filed through the e-filing portal or with the clerk of court, and must include an e-mail address for service, unless the defendant has been excused from electronic service by the clerk. Form 1.938 now requires "that the plaintiff disclose the legal description and address of the subject property if available, how the defendant obtained possession of the property, whether the plaintiff is the owner of the property, and if not, how the plaintiff is entitled to possession of the property."
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