RULE 2.516. SERVICE OF PLEADINGS AND DOCUMENTS (a

RULE 2.516. SERVICE OF PLEADINGS AND DOCUMENTS

(a) Service; When Required. Unless the court otherwise orders, or a statute or supreme

court administrative order specifies a different means of service, every pleading subsequent to

the initial pleading and every other document filed in any court proceeding, except applications

for witness subpoenas and documents served by formal notice or required to be served in the

manner provided for service of formal notice, must be served in accordance with this rule on

each party. No service need be made on parties against whom a default has been entered, except

that pleadings asserting new or additional claims against them must be served in the manner

provided for service of summons.

(b) Service; How Made. When service is required or permitted to be made upon a party

represented by an attorney, service must be made upon the attorney unless service upon the party

is ordered by the court.

(1) Service by Electronic Mail (“e-mail”). All documents required or permitted to

be served on another party must be served by e-mail, unless the parties otherwise stipulate or this

rule otherwise provides. A filer of an electronic document has complied with this subdivision if

the Florida Courts e-filing Portal (“Portal”) or other authorized electronic filing system with a

supreme court approved electronic service system (“e-Service system”) served the document by

e-mail or provided a link by e-mail to the document on a website maintained by a clerk (“e-

Service”). The filer of an electronic document must verify that the Portal or other e-Service

system uses the names and e-mail addresses provided by the parties pursuant to subdivision

(b)(1)(A).

(A) Service on Attorneys. Upon appearing in a proceeding, an attorney must

designate a primary e-mail address and may designate no more than two secondary e-mail

addresses and is responsible for the accuracy of and changes to that attorney’s own e-mail

addresses maintained by the Portal or other e-Service system. Thereafter, service must be

directed to all designated e-mail addresses in that proceeding. Every document filed or served by

an attorney thereafter must include the primary e-mail address of that attorney and any secondary

e-mail addresses. If an attorney does not designate any e-mail address for service, documents

may be served on that attorney at the e-mail address on record with The Florida Bar.

(B) Exception to E-mail Service on Attorneys. Upon motion by an attorney

demonstrating that the attorney has no e-mail account and lacks access to the Internet at the

attorney’s office, the court may excuse the attorney from the requirements of e-mail service.

Service on and by an attorney excused by the court from e-mail service must be by the means

provided in subdivision (b)(2) of this rule.

not represented by an attorney may serve a designation of a primary e-mail address and also may

designate no more than two secondary e-mail addresses to which service must be directed in that

proceeding by the means provided in subdivision (b)(1) of this rule. If a party not represented by

an attorney does not designate an e-mail address for service in a proceeding, service on and by

that party must be by the means provided in subdivision (b)(2) of this rule.

(D) Time of Service. Service by e-mail is complete on the date it is sent.

(i) If, however, the e-mail is sent by the Portal or other e-Service

system, service is complete on the date the served document is electronically filed.

(ii) If the person required to serve a document learns that the e-mail

was not received by an intended recipient, the person must immediately resend the document to

that intended recipient by e-mail, or by a means authorized by subdivision (b)(2) of this rule.

(iii) E-mail service, including e-Service, is treated as service by mail

for the computation of time.

(E) Format of E-mail for Service. Service of a document by e-mail is made

by an e-mail sent to all addresses designated by the attorney or party with either (a) a copy of the

document in PDF format attached or (b) a link to the document on a website maintained by a

clerk.

(i) All documents served by e-mail must be sent by an e-mail message

containing a subject line beginning with the words “SERVICE OF COURT DOCUMENT” in all

capital letters, followed by the case number of the proceeding in which the documents are being

served.

(ii) The body of the e-mail must identify the court in which the

proceeding is pending, the case number, the name of the initial party on each side, the title of

each document served with that e-mail, and the name and telephone number of the person

required to serve the document.

(iii) Any document served by e-mail may be signed by any of the “/s/,”

/s, or “s/” formats.

(iv) Any e-mail which, together with its attached documents, exceeds

five megabytes (5MB) in size, must be divided and sent as separate e-mails, no one of which

may exceed 5MB in size and each of which must be sequentially numbered in the subject line.

(2) Service by Other Means. In addition to, and not in lieu of, service by e-mail,

service may also be made upon attorneys by any of the means specified in this subdivision. If a

document is served by more than one method of service, the computation of time for any

response to the served document shall be based on the method of service that provides the

shortest response time. Service on and by all parties who are not represented by an attorney and

who do not designate an e-mail address, and on and by all attorneys excused from e-mail service,

must be made by delivering a copy of the document or by mailing it to the party or attorney at

their last known address or, if no address is known, by leaving it with the clerk of the court.

Service by mail is complete upon mailing. Delivery of a copy within this rule is complete upo n:

(A) handing it to the attorney or to the party,

(B) leaving it at the attorney’s or party’s office with a clerk or other person in

charge thereof,

(D) if the office is closed or the person to be served has no office, leaving it at

the person’s usual place of abode with some person of his or her family above 15 years of age

and informing such person of the contents, or

(E) transmitting it by facsimile to the attorney’s or party’s office with a cover

sheet containing the sender’s name, firm, address, telephone number, and facsimile number, and

the number of pages transmitted. When service is made by facsimile, a copy must also be served

by any other method permitted by this rule. Facsimile service occurs when transmission is

complete.

(F) Service by delivery shall be deemed complete on the date of delivery.

court may regulate the service contemplated by these rules on motion or on its own initiative in

such manner as may be found to be just and reasonable

(d) Filing. All documents must be filed with the court either before service or immediately

thereafter, unless otherwise provided for by general law or other rules. If the original of any bond

or other document required to be an original is not placed in the court file or deposited with the

clerk, a certified copy must be so placed by the clerk.

(e) Filing Defined. The filing of documents with the court as required by these rules must be

made by filing them with the clerk in accordance with rule 2.525, except that the judge may

permit documents to be filed with the judge, in which event the judge must note the filing date

before him or her on the documents and transmit them to the clerk. The date of filing is that

shown on the face of the document by the judge’s notation or the clerk’s time stamp, whichever

is earlier.

(f) Certificate of Service. When any attorney certifies in substance:

“I certify that a copy hereof has been furnished to (here insert name or names and addresses used

for service) by (e-mail) (delivery) (mail) (fax) on ..... (date) …..

__________________________________

Attorney”

the certificate is taken as prima facie proof of such service in compliance with this rule.

(g) Service by Clerk. When the clerk is required to serve notices and other documents, the

clerk may do so by e-mail as provided in subdivision (b)(1) or by any other method permitted

under subdivision (b)(2). Service by a clerk is not required to be by e-mail.

(h) Service of Orders.

(1) A copy of all orders or judgments must be transmitted by the court or under its

direction to all parties at the time of entry of the order or judgment. No service need be made on

parties against whom a default has been entered except orders setting an action for trial and final

judgments that must be prepared and served as provided in subdivision (h)(2). The court may

require that orders or judgments be prepared by a party, may require the party to furnish the court

with stamped, addressed envelopes for service of the order or judgment, and may require that

proposed orders and judgments be furnished to all parties before entry by the court of the order

or judgment. The court may serve any order or judgment by e-mail to all attorneys who have not

been excused from e-mail service and to all parties not represented by an attorney who have

designated an e-mail address for service.

(2) When a final judgment is entered against a party in default, the court must mail a

conformed copy of it to the party. The party in whose favor the judgment is entered must furnish

the court with a copy of the judgment, unless it is prepared by the court, with the address of the

party to be served. If the address is unknown, the copy need not be furnished.

(3) This subdivision is directory and a failure to comply with it does not affect the

order or judgment, its finality, or any proceedings arising in the action.