The March 1st Florida Bar News contains a Notice on Page 21 of proposed Amendments to the Rules of Civil Procedure. Among them is a proposed change to From 1.923, the Residential Eviction Summons. Attached are the relevant pages from what the Florida Bar’s Civil Procedure Rules Committee submitted to the Supreme Court.

I understand that the intent or goal of the proposed change is an attempt to clarify to the tenant that if service is accomplished through posting then the tenant is not subject to a damages judgment or does not have to defend the damages portion of an eviction, until personal service is accomplished. However, the proposed change falls short of that goal.

The proposed change of striking out the section regarding service through posting from paragraph 5 of the summons, which is the damages portion, does not make it clear that the tenant may still become liable for damages by defending the Count I for possession.

Even when service is accomplished through posting, if the tenant files an Answer or makes an appearance, the Court gains personal jurisdiction over the tenant and the tenant is then liable for damages.

I think the amendment may lead a pro se tenant to think that if service is accomplished through posting, the tenant can defend the possession count and not worry about damages.

I think as a group or individually we should file comments with the Supreme Court.

Thoughts?
Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)

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