Fla. Fam. L.R.P. 12.071 and 12.080
Fla. Fam. L.R.P. 12.071 and 12.080 - Constitutional Challenge to State Statute and Service of Pleadings and Filing of Documents
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Verbatim reference text. This is the full, unedited text of Fla. Fam. L.R.P. 12.071 and 12.080, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.
RULE 12.071. CONSTITUTIONAL CHALLENGE TO STATE STATUTE OR COUNTY OR MUNICIPAL CHARTER, ORDINANCE, OR FRANCHISE; NOTICE BY PARTY. A party that files a pleading, written motion, or other document drawing into question the constitutionality of a state statute or a county or municipal charter, ordinance, or franchise must promptly (a) file a notice of constitutional question stating the question and identifying the document that raises it; and (b) serve the notice and the pleading, written motion, or other document drawing into question the constitutionality of a state statute or a county or municipal charter, ordinance, or franchise on the Attorney General or the state attorney of the judicial circuit in which the action is pending, by either certified or registered mail. Service of the notice and pleading, written motion, or other document does not require joinder of the Attorney General or the state attorney as a party to the action. RULE 12.080. SERVICE OF PLEADINGS AND FILING OF DOCUMENTS (a) Service. (1) Family Law Actions Generally. Every pleading subsequent to the initial pleading and every other document filed or required by statute or rule to be served must be served in conformity with the requirements of Florida Rule of General Practice and Judicial Administration 2.516. (2) Domestic, Repeat, Dating, and Sexual Violence, and Stalking Actions. Service of pleadings and documents regarding proceedings for injunctions against domestic, repeat, dating, and sexual violence, and stalking is governed by rule 12.610, where it is in conflict with this rule. Family Law Rules of Procedure October 1, 2025 34 --- (3) Limited Appearance. Florida Rule of General Practice and Judicial Administration 2.516 also applies to service on the party during the attorney’s limited appearance as provided in rule 12.040(f) and must be expanded as set forth in subdivisions (b) and (c) to include additional requirements for service of recommended orders and for service on defaulted parties. (b) Service and Preparation of Orders and Judgments. A copy of all orders or judgments involving family law matters, except proceedings for injunctions for protection against domestic, repeat, dating, and sexual violence, and stalking, must be transmitted by the court or under its direction to all parties at the time of entry of the order or judgment. The court may require that recommended orders, orders, or judgments be prepared by a party. If the court requires that a party prepare the recommended order, order, or judgment, the party must furnish the court with stamped, addressed envelopes to all parties for service of the recommended order, order, or judgment. The court may also require that any proposed recommended order, order, or judgment that is prepared by a party be furnished to all parties no less than 24 hours before submission to the court of the recommended order, order, or judgment. (c) Defaulted Parties. No service need be made on parties against whom a default has been entered, except that: (1) Pleadings asserting new or additional claims against defaulted parties must be served in the manner provided for service of summons contained in rule 12.070. (2) Notice of final hearings or trials and court orders must be served on defaulted parties in the manner provided for service of pleadings and documents contained in Florida Rule of Judicial Administration 2.516. (3) Final judgments must be served on defaulted parties as set forth in Florida Rule of Judicial Administration 2.516(h). Commentary Family Law Rules of Procedure October 1, 2025 35
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