Fl. Sm. Clm. R. 7.060

As amended through October 28, 2024
Rule 7.060 - PROCESS AND VENUE
(a)Summons/Notice to Appear Required. A summons/notice to appear stating the time and place of hearing shall be served on the defendant. The summons/notice to appear shall inform the defendant, in a separate paragraph containing bold type, of the defendant's right of venue. This paragraph on venue shall read:

Right to Venue. The law gives the person or company who has sued you the right to file suit in any one of several places as listed below. However, if you have been sued in any place other than one of these places, you, as the defendant, have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following:

1. Where the contract was entered into.
2. If the suit is on an unsecured promissory note, where the note is signed or where the maker resides.
3. If the suit is to recover property or to foreclose a lien, where the property is located.
4. Where the event giving rise to the suit occurred.
5. Where any one or more of the defendants sued reside.
6. Any location agreed to in a contract.
7. In an action for money due, if there is no agreement as to where suit may be filed, where payment is to be made.

If you, as a defendant, believe the plaintiff has not sued in one of these correct places, you must appear on your court date and orally request a transfer or you must file a written request for transfer in affidavit form (sworn to under oath) with the court 7 days prior to your first court date and send a copy to the plaintiff or plaintiff's attorney, if any.

(b)Copy of Claim to Be Served. A copy of the statement of claim shall be served with the summons/notice to appear.

Fl. Sm. Clm. R. 7.060

Amended by 285 So.3d 896, effective 1/1/2020; last amended by 200 So.3d 746, effective 1/1/2017; amended by 123 So. 3d 41, effective 1/1/2014; amended by 102 So.3d 505, effective 9/1/2012; amended by 44 So.3d 573, effective 1/1/2011; amended by 849 So.2d 293, effective 1/1/2004; amended by 537 So.2d 81, effective 1/1/1989; amended by 372 So.2d 449, effective 1/1/1979.

Committee Notes

1988 Amendment. A statement is added to the "right to venue notice" on the summons/notice to appear that proper venue also lies in the county where payment is to be made. This conforms with Florida law.

Clarification has been made that the notice is now known as the summons/notice to appear.

Court Commentary

1980 Amendment. If the statutory venue, chapter 47, Florida Statutes, is changed by the legislature, this change should be reflected in the required notice.