Summons
(Eviction) (FL)

This template for a summons may be used in Florida to serve an eviction complaint on the defendant(s) in the action. This template contains practical guidance and drafting notes. This summons can be used in a commercial or residential eviction action and complies with Fla. R. Civ. P. Form 1.923 which sets forth the required summons template for a residential eviction. It should be used when the plaintiff only seeks possession of the leased premises. If the plaintiff is also seeking damages use Summons (Eviction and Damages) (FL). This summons notifies the tenant that to defend an eviction proceeding on any basis other than payment, the tenant must (1) file a motion to determine rent or (2) deposit all past due rent described in the complaint with the registry of the court and serve an answer stating the legal basis for the defense within five days of being served (excluding Saturdays, Sundays, and legal holidays). See Fla. Stat. Ann. § 83.60(2), Fla. R. Jud. Admin. 2.514(a)(3). Once the summons is obtained from the clerk, counsel for the plaintiff should obtain a process server to serve the complaint and summons. Under Rule 1.070(j) of the Florida Rules of Civil Procedure, service of the initial process and pleading must be made within 120 days after the filing of the initial pleading. For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. For complaint templates, see Complaint for Eviction (Failure to Pay Rent) (FL) and Complaint for Eviction (Default other than Failure to Pay Rent) (FL). For guidance on eviction procedures in Florida, see Residential Eviction (FL), Commercial Eviction (FL), and Eviction Resource Kit (FL).