Rule 1.060. TRANSFERS OF ACTIONS

RULE 1.060. TRANSFERS OF ACTIONS

(a)

Transfers of Courts. If it should appear at any time that

an action is pending in the wrong court of any county, it may be

transferred to the proper court within said county by the same

method as provided in rule 1.170(j).

(b)

Wrong Venue. When any action is filed laying venue in

the wrong county, the court may transfer the action in the manner

provided in rule 1.170(j) to the proper court in any county where it

might have been brought in accordance with the venue statutes.

When the venue might have been laid in 2 or more counties, the

person bringing the action may select the county to which the

action is transferred, but if no such selection is made, the matter

shall be determined by the court.

(c)

Method. The service charge of the clerk of the court to

which an action is transferred under this rule shall be paid by the

party who commenced the action within 30 days from the date the

order of transfer is entered, subject to taxation as provided by law

when the action is determined. If the service charge is not paid

within the 30 days, the action shall be dismissed without prejudice

by the court that entered the order of transfer.

Court Commentary

1984 Amendment. Because of confusion in some circuits,

subdivision (c) is added:

(a)

to specify who is to pay the clerk’s service charge on

transfer;

April 1, 2026 Florida Rules of Civil Procedure

18

(b)

to provide for the circumstance in which the service

charge is not paid; and

(c)

to require the dismissal to be by the court which entered

the order of transfer.