Rule 1.351. Form (a) is used when the person having the records may furnish

RULE 1.351. Form (a) is used when the person having the records may furnish

copies to the attorney requesting the subpoena instead of appearing at the time

and place specified in the subpoena and the subpoena is to be issued by the

clerk. Form (b) is used when the records must be produced at the time and

place specified in the subpoena and the subpoena is to be issued by the clerk.

Form (c) is used when the person having the records may furnish copies to the

attorney requesting the subpoena instead of appearing at the time and place

specified in the subpoena and the subpoena is to be issued by an attorney of

record. Form (d) is used when the records must be produced at the time and

place specified in the subpoena and the subpoena is to be issued by an

attorney of record.

Committee Notes

1980 Adoption. This form is new.

1996 Amendment. Forms (a) and (b) were amended and forms (c) and

(d) were added to comply with amendments to rules 1.351 and 1.410.

2013 Amendment. The notice to persons with disabilities was amended

to make the procedure for obtaining accommodation consistent with the

procedure required in court proceedings.

April 1, 2026 Florida Rules of Civil Procedure

244

FORM 1.923(a). EVICTION SUMMONS—RESIDENTIAL

TO: .....(insert name, address, and phone number of tenant)......

PLEASE READ CAREFULLY

You are being sued by .....(insert landlord’s name)..... to require you to

move out of the property located at

for the reasons given in the attached complaint.

You are entitled to a trial to decide whether you can be required to move,

but you MUST do ALL of the things listed below. You must do them within 5

days (not including Saturdays, Sundays, or legal holidays) after the date these

papers were given to you or to a person who lives with you or were posted at

your home.

THE THINGS YOU MUST DO TO CHALLENGE THE EVICTION ARE AS

FOLLOWS:

1.

Write down the reason(s) why you think you should not be forced

to move

required to move,

but you MUST do ALL of the things listed below. You must do them within 5

days (not including Saturdays, Sundays, or legal holidays) after the date these

papers were given to you or to a person who lives with you or were posted at

your home.

THE THINGS YOU MUST DO TO CHALLENGE THE EVICTION ARE AS

FOLLOWS:

1.

Write down the reason(s) why you think you should not be forced

to move. (You may use Florida Supreme Court Form 1.947(b), Answer—

Residential Eviction, to do this.) The written reason(s) must be given to the

clerk of the court at .....(insert address of courthouse)......

2.

Mail or take a copy of your written reason(s) to:

.....(insert landlord’s name and address)......

3.

Pay the clerk of court the rent that is due. You MUST pay the clerk

of the court the rent each time it becomes due until the lawsuit is over.

Whether you win or lose the lawsuit, the judge may release this rent to the

landlord. [By statute, public housing tenants or tenants receiving rent

subsidies must be required to pay only that portion of the full rent for which

the tenant is responsible under the federal, state, or local program in which

they are participating.]

4.

If you and the landlord do not agree on the amount of rent owed,

you must file a written request (motion) that asks the judge to decide how

much money you must pay to the clerk of the court. The written request must

be filed with your answer to the eviction complaint. A copy of your motion must

also be mailed or hand delivered to the plaintiff(s) attorney, or if the plaintiff(s)

has no attorney, to the plaintiff.

IF YOU DO NOT DO ALL OF THESE THINGS WITHIN 5 DAYS (NOT

INCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS FOR YOUR

April 1, 2026 Florida Rules of Civil Procedure

245

COURTHOUSE) YOU MAY BE EVICTED WITHOUT A HEARING OR FURTHER

NOTICE.

You may want to call a lawyer right away. If you do not know a lawyer,

you can contact the Lawyer Referral Service on The Florida Bar’s website. If you

cannot afford a lawyer, you may be eligible for free legal aid

AYS (NOT

INCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS FOR YOUR

April 1, 2026 Florida Rules of Civil Procedure

245

COURTHOUSE) YOU MAY BE EVICTED WITHOUT A HEARING OR FURTHER

NOTICE.

You may want to call a lawyer right away. If you do not know a lawyer,

you can contact the Lawyer Referral Service on The Florida Bar’s website. If you

cannot afford a lawyer, you may be eligible for free legal aid. You can locate

legal aid programs by searching for “legal aid” on The Florida Bar’s website.

If you are a person with a disability who needs any accommodation

in order to participate in this proceeding, you are entitled, at no cost to

you, to the provision of certain assistance. Please contact [identify

applicable court personnel by name, address, and telephone number] at

least 7 days before your scheduled court appearance, or immediately upon

receiving this notification if the time before the scheduled appearance is

less than 7 days; if you are hearing or voice impaired, call 711.

THE STATE OF FLORIDA:

TO EACH SHERIFF OF THE STATE:

You are commanded to serve this summons and a copy of the complaint

in this lawsuit on the above-named defendant.

DATED on the

day of

, 20

.

Clerk of the Court

By:

Deputy Clerk

Clerk’s Address:

Telephone No.

CITATORIO DE DESALOJO—RESIDENCIAL

DESTINATARIO: .....(Ponga el nombre, la dirección y el número de teléfono del

inquilino )......

POR FAVOR LEA ATENTAMENTE

Usted ha sido demandado por ....(ponga el nombre del arrendador).....

para exigirle que desaloje la propiedad localizado en

por las razones que se muestran en la demanda querella adjunta

he Court

By:

Deputy Clerk

Clerk’s Address:

Telephone No.

CITATORIO DE DESALOJO—RESIDENCIAL

DESTINATARIO: .....(Ponga el nombre, la dirección y el número de teléfono del

inquilino )......

POR FAVOR LEA ATENTAMENTE

Usted ha sido demandado por ....(ponga el nombre del arrendador).....

para exigirle que desaloje la propiedad localizado en

por las razones que se muestran en la demanda querella adjunta.

Usted tiene el derecho a un juicio para determinar si se le puede exigir

que desaloje, pero DEBE cumplir con TODAS las acciones que se indican a

continuación, las cuales tienen que hacerse dentro de los 5 días hábiles (es

decir, sin incluir sábados, domingos ni días feriados) siguientes a la fecha en

April 1, 2026 Florida Rules of Civil Procedure

246

que la presente documentación le haya sido entregada a usted, o a una

persona que viva con usted, o haya sido posteada en su domicilio.

LAS ACCIONES QUE DEBE HACER PARA CUESTIONAR EL DESALOJO SON

LAS SIGUIENTES:

1.

Indique por escrito la razón(es) por las que considera que no se le

debe obligar a mudarse (para eso, usted puede usar el Formulario 1.947(b) de

la Corte Suprema de la Florida [Florida Supreme Court], “Answer—Residential

Eviction”). La presentación de la razón(es) por escrito debe ser entregada al

secretario del tribunal en .....(Ponga la dirección del tribunal)......

2.

Envíe por correo postal o entregue una copia de sus razones por

escrito a:

.....(Ponga el

nombre y dirección del arrendador)......

3.

Haga el pago del alquiler que se debe al secretario de la corte.

Usted DEBE pagar el alquiler al secretario de la corte cada vez que haya que

pagarlo, hasta que concluya el proceso judicial. Independientemente de si gana

o pierde la demanda, el juez puede entregar este pago del alquiler al

arrendador. [Según la ley, los inquilinos de viviendas públicas o quienes

reciben subsidios de alquiler deben pagar únicamente la parte por la que son

responsables con respecto al monto total del alquiler según el programa

federal, estatal o local del que son participantes]

luya el proceso judicial. Independientemente de si gana

o pierde la demanda, el juez puede entregar este pago del alquiler al

arrendador. [Según la ley, los inquilinos de viviendas públicas o quienes

reciben subsidios de alquiler deben pagar únicamente la parte por la que son

responsables con respecto al monto total del alquiler según el programa

federal, estatal o local del que son participantes].

4.

Si usted y el arrendador no llegan a un acuerdo respecto al monto

del alquiler adeudado, usted deberá presentar una solicitud por escrito (una

petición) para que el juez determine cuánto debe pagar al secretario del

tribunal. La solicitud por escrito debe ser presentada junto con su respuesta a

la demanda de desalojo. Una copia de su petición también deberá ser enviada

por correo postal o entregada personalmente al abogado del demandante, o si

el demandante no tiene abogado, al demandante mismo.

SI NO CUMPLE CON TODOS ESTOS REQUISITOS DENTRO DE LOS 5 DÍAS

HÁBILES (SIN CONTAR SÁBADOS, DOMINGOS NI FERIADOS OFICIALES

SEGÚN EL HORARIO DE ATENCIÓN SU TRIBUNAL), USTED PODRÍA SER

DESALOJADO SIN QUE SE HAGA UNA AUDIENCIA NI SE LE DÉ PREVIO

AVISO.

Sería recomendable que consulte a un abogado de inmediato. Si no

cuenta con un abogado, puede contactar al Servicio de Consulta o Referencia

Legal [Lawyer Referral Service] en el sitio web del Colegio de Abogados de la

Florida [The Florida Bar.] Si no tiene el dinero necesario para contratar un

April 1, 2026 Florida Rules of Civil Procedure

247

abogado, usted podría ser elegible para recibir asesoría jurídica gratuita. Puede

encontrar programas de ayuda legal buscando “asistencia legal” [‘legal aid’] en

el sitio web del Colegio de Abogados de la Florida [The Florida Bar.]

Si usted tiene una discapacidad y requiere alguna adaptación

especial o servicio de apoyo para participar en este procedimiento, tiene

derecho a recibir asistencia gratuita

ado, usted podría ser elegible para recibir asesoría jurídica gratuita. Puede

encontrar programas de ayuda legal buscando “asistencia legal” [‘legal aid’] en

el sitio web del Colegio de Abogados de la Florida [The Florida Bar.]

Si usted tiene una discapacidad y requiere alguna adaptación

especial o servicio de apoyo para participar en este procedimiento, tiene

derecho a recibir asistencia gratuita. Por favor contacte a [identifique el

personal del tribunal que corresponda incluyendo el nombre, dirección y

número de teléfono], por lo menos 7 días antes de su comparecencia

programada ante el tribunal, o inmediatamente después de recibir esta

notificación si el plazo antes de la comparecencia es menor de 7 días; o si

tiene discapacidad auditiva o del habla, llame al 711.

ESTADO DE LA FLORIDA [THE STATE OF FLORIDA:]

A CADA ALGUACIL DEL ESTADO [SHERIFF OF THE STATE:]

Se le ordena que haga entrega oficial de este citatorio, así como de una

copia de la demanda que hace parte de este proceso judicial, al demandado

mencionado anteriormente.

CON FECHA DEL

día del mes de

del

20

.

Secretario(a) del Tribunal

Firmado por:

Secretario(a) Auxiliar

Dirección del Secretario(a) del

Tribunal:

No. de Teléfono

ASSIGNATION EN EXPULSION—RÉSIDENTIEL

À: .....(insérer le nom, l’adresse et le numéro de téléphone du locataire).......

VEUILLEZ LIRE ATTENTIVEMENT

Vous êtes poursuivi par .....(insérer le nom du propriétaire)..... pour vous

obliger à quitter la propriété située à

pour les raisons indiquées dans la plainte ci-jointe.

Vous avez le droit à un procès pour déterminer si vous pouvez être obligé

de déménager, mais vous DEVEZ accomplir TOUTES les choses énumérées ci-

dessous. Vous devez les réaliser dans les 5 jours (à l'exclusion des samedis,

dimanches et jours fériés) suivant la date à laquelle ces documents vous ont

été remis ou à une personne qui habite avec vous ou affichés à votre domicile

la plainte ci-jointe.

Vous avez le droit à un procès pour déterminer si vous pouvez être obligé

de déménager, mais vous DEVEZ accomplir TOUTES les choses énumérées ci-

dessous. Vous devez les réaliser dans les 5 jours (à l'exclusion des samedis,

dimanches et jours fériés) suivant la date à laquelle ces documents vous ont

été remis ou à une personne qui habite avec vous ou affichés à votre domicile.

April 1, 2026 Florida Rules of Civil Procedure

248

POUR CONTESTER VOTRE EXPULSION, IL EST NÉCESSAIRE D'EFFECTUER

LES DÉMARCHES SUIVANTES:

1.

Indiquez les raisons pour lesquelles vous pensez que vous ne

devriez pas être obligé de déménager. (Vous pouvez vous utiliser le formulaire

1.947(b) de la Cour Suprême de Floride [Florida Supreme Court], intitulé

“Answer—Residential Eviction,” pour ce faire.) Les raisons écrites doivent être

soumises au greffier du tribunal à .....(insérer l’adresse du palais de justice)......

2.

Veuillez envoyer ou remettre une copie de vos raisons écrites à:

.....(insérer le nom et l’adresse du propriétaire).......

3.

Vous devez payez au greffier du tribunal le loyer dû. Vous DEVEZ

payez le loyer au greffier à chaque échéance jusqu’à la conclusion du procès.

Que vous gagniez ou perdiez le procès, le juge peut décider de transférer ce

loyer au propriétaire. En vertu de la loi, les locataires de logements sociaux ou

ceux bénéficiant d’aides au loyer ne doivent payer que la part du loyer dont ils

sont responsables selon le programme fédéral, étatique ou local auquel ils

participent.

4.

Si vous et le propriétaire ne parvenez pas à un accord sur le

montant du loyer dû, vous devez soumettre une demande écrite (motion) au

juge pour qu’il détermine le montant à verser au greffier. Cette demande écrite

doit être déposée avec votre réponse à la plainte d’expulsion. Une copie de votre

requête doit également être envoyée par courrier ou remise en main propre à

l’avocat du plaignant, ou, si le plaignant n’a pas d’avocat, directement au

plaignant

le

montant du loyer dû, vous devez soumettre une demande écrite (motion) au

juge pour qu’il détermine le montant à verser au greffier. Cette demande écrite

doit être déposée avec votre réponse à la plainte d’expulsion. Une copie de votre

requête doit également être envoyée par courrier ou remise en main propre à

l’avocat du plaignant, ou, si le plaignant n’a pas d’avocat, directement au

plaignant.

SI VOUS NE RÉALISEZ PAS TOUTES CES CHOSES DANS UN DÉLAI DE 5

JOURS (HORS SAMEDIS, DIMANCHES ET JOURS FÉRIÉS POUR VOTRE

TRIBUNAL), VOUS RISQUEZ D’ÊTRE EXPULSÉ SANS AUDIENCE NI PRÉAVIS

SUPPLÉMENTAIRE.

Il est conseillé de joindre un avocat immédiatement. Si vous ne

connaissez pas d'avocat, vous pouvez contacter le service de référence aux

avocats sur le site Web du Florida Bar [The Florida Bar]. Si vos moyens

financiers sont limités, vous pourriez avoir droit à une aide juridique gratuite.

Vous pouvez trouver des programmes d’aide juridique en effectuant une

recherche pour “aide juridique” [‘legal aid’] sur le site de de sur le site Web du

Florida Bar [The Florida Bar].

April 1, 2026 Florida Rules of Civil Procedure

249

Si vous êtes une personne handicapée nécessitant des

aménagements pour participer à cette procédure, vous avez droit, sans

frais, à certaines formes d'assistance. Veuillez contacter [identifier le

personnel judiciaire concerné par son nom, adresse et numéro de

téléphone] au moins 7 jours avant votre comparution prévue au tribunal,

ou immédiatement après avoir reçu cette notification si le délai avant la

comparution prévue est inférieur à 7 jours; si vous avez des problèmes

d'audition ou de voix, composez le 711.

L’ÉTAT DE FLORIDE [THE STATE OF FLORIDA:]

À CHAQUE SHÉRIF DE L’ÉTAT [SHERIFF OF THE STATE:]

Vous êtes chargé de signifier cette citation et une copie de la plainte dans

cette affaire au défendeur mentionné ci-dessus.

DATÉ le

jour de

20

avoir reçu cette notification si le délai avant la

comparution prévue est inférieur à 7 jours; si vous avez des problèmes

d'audition ou de voix, composez le 711.

L’ÉTAT DE FLORIDE [THE STATE OF FLORIDA:]

À CHAQUE SHÉRIF DE L’ÉTAT [SHERIFF OF THE STATE:]

Vous êtes chargé de signifier cette citation et une copie de la plainte dans

cette affaire au défendeur mentionné ci-dessus.

DATÉ le

jour de

20

.

Greffier du Tribunal

Par:

Greffier Adjoint

Adresse du Greffier:

Numéro de téléphone:

KONVOKASYON DEGÈPISMAN—REZIDANS

A: .....(mete non, adrès, ak nimewo telefòn lokatè a)......

TANPRI LI AK ATANSYON

.....(mete non mèt kay la a) ..... ap rele w lajistis pou mande w deplase

soti nan kay ki nan

pou rezon ki bay nan plent ki tache la a.

Ou gen dwa a yon jijman pou deside si ou ka oblije kite kay la, men ou

DWE fè TOUT bagay ki endike anba la a. Ou dwe fè yo nan 5 jou (sa pa enkli

Samdi, Dimanch, oswa jou ferye legal) apre dat yo te ba ou papye sa yo oswa

bay yon moun ki abite avèk ou oswa yo te afiche yo sou kay ou.

MEN BAGAY OU DWE FÈ YO POU DEFYE DEGÈPISMAN AN:

1.

Ekri rezon ( yo)ki fè w panse yo pa ta dwe fòse w soti nan kay la.

(Ou ka itilize Fòm 1.947(b) Tribinal Siprèm Florid [Florida Supreme Court],

Repons— Degèpisman Rezidansyèl, pou fè sa.) Ou dwe bay grefye tribinal la

rezon (yo) alekri nan .....(mete adrès tribinal la) ......

April 1, 2026 Florida Rules of Civil Procedure

250

2.

Poste oswa pote yon kopi rezon (yo) ou ekri a (yo) bay:

.....(mete non ak adrès mèt kay la)......

3.

Peye grefye tribinal la lwaye ou dwe a. Ou DWE peye grefye nan

tribinal la lwaye a chak mwa lè w dwe jiskaske pwosè a fini. Kit ou genyen

oswa ou pèdi pwosè a, jij la ka bay lwaye sa a bay mèt kay la. [Dapre lalwa,

lokatè lojman piblik oswa lokatè k ap resevwa sibvansyon pou lwaye yo dwe

oblije peye sèlman pòsyon total lwaye lokatè a responsab la dapre pwogram

federal, leta oswa lokal yo ap patisipe ladann nan.]

4

nal la lwaye ou dwe a. Ou DWE peye grefye nan

tribinal la lwaye a chak mwa lè w dwe jiskaske pwosè a fini. Kit ou genyen

oswa ou pèdi pwosè a, jij la ka bay lwaye sa a bay mèt kay la. [Dapre lalwa,

lokatè lojman piblik oswa lokatè k ap resevwa sibvansyon pou lwaye yo dwe

oblije peye sèlman pòsyon total lwaye lokatè a responsab la dapre pwogram

federal, leta oswa lokal yo ap patisipe ladann nan.]

4.

Si oumenm ak mèt kay la pa dakò sou kantite lwaye ou dwe a, ou

dwe depoze yon demann alekri (mosyon) ki mande jij la deside konbyen lajan

ou dwe peye grefye tribinal la. Ou dwe ranpli demann alekri a ak repons ou

pou plent degèpisman an. Ou dwe tou voye yon kopi mosyon w la pa lapòs

oswa remèt avoka moun ki pote plent la (yo), oswa si moun ki pote plent la (yo)

pa gen avoka, bay moun ki pote plent la li.

SI OU PA FÈ TOUT BAGAY SA YO NAN 5 JOU (SA PA ENKLI SAMDI,

DIMANCH, AK JOU FERYE LEGAL POU TRIBINAL OU A) YO KA METE W

DEYÒ SAN YON ODYANS OSWA SAN OKENN LÒT AVI.

Ou ka vle rele yon avoka touswit. Si w pa konnen yon avoka, ou ka kontakte

Sèvis Referans Avoka [Lawyer Referral Service] sou sitwèb Bar Nan Florida [The

Florida Bar]. Si ou pa kapab peye yon avoka, ou ka kalifye pou èd legal gratis.

Ou ka jwenn pwogram èd legal lè w chèche “legal aid” [‘èd legal’] sou sitwèb Bar

Nan Florida [The Florida Bar].

Si ou se yon moun ki gen yon andikap ki bezwen nenpòt aranjman pou

patisipe nan pwosedi sa a, ou gen dwa, san okenn frè pou ou, pou w

resevwa sèten asistans. Tanpri kontakte [idantifye pèsonèl tribinal ki

aplikab yo pa non, adrès, ak nimewo telefòn] omwen 7 jou anvan dat

tribinal la te fikse pou w te parèt la, oswa imedyatman apre w resevwa

notifikasyon sa si dat pou w te parèt la pwograme pou mwens pase 7 jou.

Si ou gen pwoblèm pou tande oswa pou w pale, rele 711.

ETA FLORID [THE STATE OF FLORIDA]:

POU CHAK CHERIF ETA A [SHERIFF OF THE STATE]:

Yo ba w lòd pou w sèvi manda sa a ak yon kopi plent nan pwosè sa a

bayakize ki endike anwo a.

April 1, 2026 Florida Rules of Civil Procedure

251

DAT

nan jou

, 20

wa imedyatman apre w resevwa

notifikasyon sa si dat pou w te parèt la pwograme pou mwens pase 7 jou.

Si ou gen pwoblèm pou tande oswa pou w pale, rele 711.

ETA FLORID [THE STATE OF FLORIDA]:

POU CHAK CHERIF ETA A [SHERIFF OF THE STATE]:

Yo ba w lòd pou w sèvi manda sa a ak yon kopi plent nan pwosè sa a

bayakize ki endike anwo a.

April 1, 2026 Florida Rules of Civil Procedure

251

DAT

nan jou

, 20

.

Grefye Tribinal la

Pa:

Grefye Adjwen

Adrès Grefye a:

Nimewo telefòn:

Committee Notes

1988 Adoption. This form was added to inform those sought to be

evicted of the procedure they must follow to resist eviction.

1996 Amendment. This is a substantial revision of form 1.923 to

comply with the requirements of section 83.60, Florida Statutes, as amended

in 1993.

FORM 1.923(b). SUMMONS ACTION FOR BACK RENT OR OTHER

DAMAGES

Each defendant is further required to serve written defenses to the

demand for back rent or any other damages alleged in the complaint on the

above .....(insert landlord’s name and address)..... within 20 days after service

of this summons on the defendant, exclusive of the day of service, and to file

the original of the written defenses with the clerk of the court either before

service on.....(insert landlord’s name)..... or thereafter. If you fail to do so, a

default may be entered against the defendant for the relief demanded in that

portion of the complaint.

WITNESS my hand and seal of the Court this

day of

, 20

.

(COURT SEAL)

Clerk of the Court

By:

Deputy Clerk

April 1, 2026 Florida Rules of Civil Procedure

252

FORM 1.924.

AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY

I,(full legal name)

(individually or an Employee of

), being sworn, certify that the following information is true:

1.

I have made diligent search and inquiry to discover the

current residence of

, who is [over 18 years

old] [under 18 years old] [age is unknown] (circle one)

rt

By:

Deputy Clerk

April 1, 2026 Florida Rules of Civil Procedure

252

FORM 1.924.

AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY

I,(full legal name)

(individually or an Employee of

), being sworn, certify that the following information is true:

1.

I have made diligent search and inquiry to discover the

current residence of

, who is [over 18 years

old] [under 18 years old] [age is unknown] (circle one). Refer to

checklist below and identify all actions taken (any additional

information included such as the date the action was taken

and the person with whom you spoke is helpful) (attach

additional sheet if necessary):

[check all that apply]

Inquiry of Social Security Information

Telephone listings in the last known locations of defendant’s

residence

Statewide directory assistance search

Internet people finder search {specify sites searched}

Voter registration in the area where defendant was last known to

reside.

Nationwide Masterfile Death Search

Tax Collector’s records in area where defendant was last known to

reside.

Tax Assessor’s records in area where defendant was last known to

reside

Department of Motor vehicle records in the state of defendant’s last

known address

Driver’s License records search in the state of defendant’s last

known address.

Department of Corrections records in the state of defendant’s last

known address.

Federal Prison records search.

Regulatory agencies for professional or occupation licensing.

Inquiry to determine if defendant is in military service.

Last known employment of defendant.

{List all additional efforts made to locate defendant}

Attempts to Serve Process and Results

April 1, 2026 Florida Rules of Civil Procedure

253

I inquired of the occupant of the premises whether the occupant knows

the location of the borrower-defendant, with the following results:

2.

current residence

[check one only]

a.

’s current residence is unknown to

me

b.

’s current residence is in some

state or country

other than

Florida and

’s last known address is:

c

Serve Process and Results

April 1, 2026 Florida Rules of Civil Procedure

253

I inquired of the occupant of the premises whether the occupant knows

the location of the borrower-defendant, with the following results:

2.

current residence

[check one only]

a.

’s current residence is unknown to

me

b.

’s current residence is in some

state or country

other than

Florida and

’s last known address is:

c.

The

, having residence in Florida, has

been absent from Florida for more than 60 days prior to the

date of this affidavit, or conceal him (her) self so that process

cannot be served personally upon him or her, and I believe

that there is no person in the state upon whom service of

process would bind this absent or concealed

.

I understand that I am swearing or affirming under oath to the

truthfulness of the claims made in this affidavit and that the punishment

for knowingly making a false statement includes fines and/or

imprisonment.

Dated:

Signature of Affiant

Printed Name:

Address:

City, State, Zip:

Phone:

Telefacsimile:

STATE OF

COUNTY OF

Sworn to or affirmed and signed before me on this

day of

, 20 . by

.

April 1, 2026 Florida Rules of Civil Procedure

254

NOTARY PUBLIC

STATE OF

(Print, Type, or Stamp Commissioned

Name of Notary Public)

Personally known

Produced identification

Type of identification produced:

NOTE: This form is used to obtain constructive service on the defendant.

April 1, 2026 Florida Rules of Civil Procedure

255

FORM 1.925.

COMPLAINT TO QUIET TITLE

COMPLAINT TO QUIET TITLE

BASED ON FRAUDULENT CONVEYANCE

UNDER SECTION 65.091, FLORIDA STATUTES

The plaintiff(s),

, sue(s)

defendant(s),

,

defendant’s unknown spouse, heirs, devisees, grantees, judgment creditors,

and all other parties claiming by, through, under, or against defendants or

parties or claiming to have any right, title, or interest in the property described

in this complaint, and alleges:

(1)

This is an action to quiet and confirm title of plaintiff in and to

lands located in

County, Florida.

,

, sue(s)

defendant(s),

,

defendant’s unknown spouse, heirs, devisees, grantees, judgment creditors,

and all other parties claiming by, through, under, or against defendants or

parties or claiming to have any right, title, or interest in the property described

in this complaint, and alleges:

(1)

This is an action to quiet and confirm title of plaintiff in and to

lands located in

County, Florida.

(2)

Plaintiff owns the following real property:

(3)

Plaintiff shows entitlement to (deraigns) title as follows (must show

chain of title for at least the past 7 years):

Plaintiff obtained ownership by deed or instrument dated

, recorded on

, in official records book

, page

of the public records of

County, Florida. The property

description in that deed is as follows:

(4)

The deed or instrument purported to have been signed by

plaintiff(s), or purporting to convey the property to defendant(s), dated

, recorded

, in official records book

, page

of the public records of

County, Florida, is fraudulent.

April 1, 2026 Florida Rules of Civil Procedure

256

(5)

Plaintiff did not execute the deed and has not conveyed the

property to any person since obtaining the conveyance(s) described in

paragraph (3).

(6)

The deed or instrument described in paragraph (4) did not convey

title to defendant because the grantor had no title, but the recording of the

deed casts a cloud on plaintiff’s title.

WHEREFORE, the plaintiff(s) respectfully request (requests) the court to

enter an order to quiet title in and award the plaintiff(s) with the same title and

rights to the land that the plaintiff enjoyed before the attempted conveyance.

Date:

Plaintiff

Address

City, State, Zip Code

Phone

E-mail address

(Include signature for each Plaintiff)

FORM 1.932.

OPEN ACCOUNT

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

1.

This is an action for damages that (insert jurisdictional amount).

2.

Defendant owes plaintiff $.......... that is due with interest since

.....(date)....., according to the attached account

conveyance.

Date:

Plaintiff

Address

City, State, Zip Code

Phone

E-mail address

(Include signature for each Plaintiff)

FORM 1.932.

OPEN ACCOUNT

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

1.

This is an action for damages that (insert jurisdictional amount).

2.

Defendant owes plaintiff $.......... that is due with interest since

.....(date)....., according to the attached account.

WHEREFORE plaintiff demands judgment for damages against

defendant.

NOTE: A copy of the account showing items, time of accrual of each, and

amount of each must be attached.

FORM 1.933.

ACCOUNT STATED

COMPLAINT

April 1, 2026 Florida Rules of Civil Procedure

257

Plaintiff, A. B., sues defendant, C. D., and alleges:

1.

This is an action for damages that (insert jurisdictional amount).

2.

Before the institution of this action plaintiff and defendant had

business transactions between them.

3.

(Use A or B).

A.

Plaintiff and defendant agreed on the balance due on

.....(date)......

[OR]

B.

Plaintiff sent a statement to defendant on .....(date)..... and

defendant failed to object within a reasonable time after receiving the

statement.

4.

(Use A or B).

A.

Defendant expressly promised to pay plaintiff the balance

due.

[OR]

B.

Defendant implicitly promised to pay plaintiff the amount set

forth in the statement.

Defendant has not paid plaintiff the amount owed on the account.

$.........., plus interest since .....(date)......

WHEREFORE plaintiff demands judgment for damages against

defendant.

NOTE: Attach a copy of any accounts, statements, or other documents

required to be attached or incorporated by rule 1.130.

FORM 1.934.

PROMISSORY NOTE

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

1.

This is an action for damages that (insert jurisdictional amount).

2.

On .....(date)....., defendant executed and delivered a promissory

note, a copy being attached, to plaintiff in .................... County, Florida.

April 1, 2026 Florida Rules of Civil Procedure

258

3.

Plaintiff owns and holds the note.

4

1.934.

PROMISSORY NOTE

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

1.

This is an action for damages that (insert jurisdictional amount).

2.

On .....(date)....., defendant executed and delivered a promissory

note, a copy being attached, to plaintiff in .................... County, Florida.

April 1, 2026 Florida Rules of Civil Procedure

258

3.

Plaintiff owns and holds the note.

4.

Defendant failed to pay (use a or b)

a.

the note when due.

b.

the installment payment due on the note on .....(date).....,

and plaintiff elected to accelerate payment of the balance.

5.

Defendant owes plaintiff $.......... that is due with interest since

.....(date)....., on the note.

6.

Plaintiff is obligated to pay his/her attorneys a reasonable fee for

their services.

WHEREFORE plaintiff demands judgment for damages against

defendant.

NOTE: A copy of the note must be attached. Use paragraph 4a. or b. as

applicable and paragraph 6 if appropriate.

Committee Notes

1980 Amendment. Paragraph 3 is added to show ownership of the note,

and paragraph 4 is clarified to show that either 4a or 4b is used, but not both.

FORM 1.935.

GOODS SOLD

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

1.

This is an action for damages that (insert jurisdictional amount).

2.

Defendant owes plaintiff $.......... that is due with interest since

.....(date)....., for the following goods sold and delivered by plaintiff to defendant

between .....(date)....., and .....(date).....:

(list goods and prices)

WHEREFORE plaintiff demands judgment for damages against

defendant.

FORM 1.936.

MONEY LENT

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

April 1, 2026 Florida Rules of Civil Procedure

259

1.

This is an action for damages that (insert jurisdictional amount).

2.

Defendant owes plaintiff $.......... that is due with interest since

.....(date)....., for money lent by plaintiff to defendant on .....(date)......

WHEREFORE plaintiff demands judgment for damages against

defendant.

FORM 1.937

tiff, A. B., sues defendant, C. D., and alleges:

April 1, 2026 Florida Rules of Civil Procedure

259

1.

This is an action for damages that (insert jurisdictional amount).

2.

Defendant owes plaintiff $.......... that is due with interest since

.....(date)....., for money lent by plaintiff to defendant on .....(date)......

WHEREFORE plaintiff demands judgment for damages against

defendant.

FORM 1.937.

REPLEVIN

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

1.

This is an action to recover possession of personal property in

........... County, Florida.

2.

The description of the property is:

(list property)

To the best of plaintiff’s knowledge, information, and belief, the value of the

property is $...........

3.

Plaintiff is entitled to the possession of the property under a

security agreement dated .........., a copy of the agreement being attached.

4.

To plaintiff’s best knowledge, information, and belief, the property

is located at ...........

5.

The property is wrongfully detained by defendant. Defendant came

into possession of the property by (method of possession). To plaintiff’s best

knowledge, information, and belief, defendant detains the property because

(give reasons).

6.

The property has not been taken for any tax, assessment, or fine

pursuant to law.

7.

The property has not been taken under an execution or

attachment against plaintiff’s property.

WHEREFORE plaintiff demands judgment for possession of the property.

NOTE: Paragraph 3 must be modified if the right to possession arose in

another manner. Allegations and a demand for damages, if appropriate, can be

added to the form.

Committee Notes

April 1, 2026 Florida Rules of Civil Procedure

260

1980 Amendment. The form is amended to comply with the

amendments to the replevin statutes pursuant to Fuentes v. Shevin, 407 U.S.

67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972).

FORM 1.938.

UNLAWFUL DETAINER; FORCIBLE ENTRY; OR

UNLAWFUL ENTRY

COMPLAINT

Plaintiff, A. B., sues defendant, C.D., and alleges:

1

, can be

added to the form.

Committee Notes

April 1, 2026 Florida Rules of Civil Procedure

260

1980 Amendment. The form is amended to comply with the

amendments to the replevin statutes pursuant to Fuentes v. Shevin, 407 U.S.

67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972).

FORM 1.938.

UNLAWFUL DETAINER; FORCIBLE ENTRY; OR

UNLAWFUL ENTRY

COMPLAINT

Plaintiff, A. B., sues defendant, C.D., and alleges:

1.

This is an action to recover possession of real property in

County, Florida, under chapter 82 and section 51.011, Florida Statutes.

2.

Plaintiff is entitled to possession of the following real property in

said county:

(insert the legal description and the street address of the real

property,

including unit number if applicable)

3.

Plaintiff is entitled to possession of the real property based on 1 of

the following grounds. Plaintiff is: (choose a or b.)

a.

the owner of the real property; or

b.

otherwise entitled to possession of the real

property (and briefly state the reason why).

4.

Defendant came into possession of the real property by 1 of the

following methods: (choose a, b, or c.)

a.

Unlawful Detention. Defendant is in possession

of the real property without consent of a person entitled to possession or after

consent was withdrawn on .....(date that consent was withdrawn)......

b.

Forcible Entry. Defendant entered into and took

possession of the real property with force, in a manner that was not peaceable,

easy, or open, even if the entry was authorized by a person entitled to

possession of the real property.

c.

Unlawful Entry. Defendant entered into and is in

possession of the real property when the entry was not authorized by law or

without consent of a person entitled to possession of the real property.

April 1, 2026 Florida Rules of Civil Procedure

261

WHEREFORE plaintiff demands judgment for possession of the real

property and damages against defendant.

NOTE: This form cannot be used for residential tenancies.

FORM 1.939.

CONVERSION

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

1

not authorized by law or

without consent of a person entitled to possession of the real property.

April 1, 2026 Florida Rules of Civil Procedure

261

WHEREFORE plaintiff demands judgment for possession of the real

property and damages against defendant.

NOTE: This form cannot be used for residential tenancies.

FORM 1.939.

CONVERSION

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

1.

This is an action for damages that (insert jurisdictional amount).

2.

On or about .....(date)....., defendant converted to his/her own use

(insert description of property converted) that was then the property of plaintiff

of the value of $...........

WHEREFORE plaintiff demands judgment for damages against

defendant.

FORM 1.940.

EJECTMENT

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

This is an action to recover possession of real property in ………. County,

Florida.

2.

Defendant is in possession of the following real property in the

county:

(describe property)

to which plaintiff claims title as shown by the attached statement of plaintiff’s

chain of title.

3.

Defendant refuses to deliver possession of the property to plaintiff

or pay plaintiff the profits from it.

WHEREFORE plaintiff demands judgment for possession of the property

and damages against defendant.

NOTE: A statement of plaintiff’s chain of title must be attached.

Committee Notes

April 1, 2026 Florida Rules of Civil Procedure

262

1980 Amendment. The words “possession of” are inserted in paragraph

1 for clarification.

FORM 1.941.

SPECIFIC PERFORMANCE

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

1.

This is an action for specific performance of a contract to convey

real property in ………. County, Florida.

2.

On .....(date)....., plaintiff and defendant entered into a written

contract, a copy being attached.

3.

Plaintiff tendered the purchase price to defendant and requested a

conveyance of the real property described in the contract.

4.

Defendant refused to accept the tender or to make the conveyance.

5

n action for specific performance of a contract to convey

real property in ………. County, Florida.

2.

On .....(date)....., plaintiff and defendant entered into a written

contract, a copy being attached.

3.

Plaintiff tendered the purchase price to defendant and requested a

conveyance of the real property described in the contract.

4.

Defendant refused to accept the tender or to make the conveyance.

5.

Plaintiff offers to pay the purchase price.

WHEREFORE plaintiff demands judgment that defendant be required to

perform the contract for damages.

NOTE: A copy of the sales contract must be attached.

Committee Notes

1980 Amendment. Paragraph 3 is divided into 2 paragraphs to properly

accord with rule 1.110(f).

FORM 1.942.

CHECK

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

1.

This is an action for damages that (insert jurisdictional amount).

2.

On .....(date)....., defendant executed a written order for the

payment of $.........., commonly called a check, a copy being attached, payable

to the order of plaintiff and delivered it to plaintiff.

3.

The check was presented for payment to the drawee bank but

payment was refused.

4.

Plaintiff holds the check and it has not been paid.

April 1, 2026 Florida Rules of Civil Procedure

263

5.

Defendant owes plaintiff $.......... that is due with interest from

.....(date)....., on the check.

WHEREFORE plaintiff demands judgment for damages against

defendant.

NOTE: A copy of the check must be attached. Allegations about

endorsements are omitted from the form and must be added when proper.

Committee Notes

1980 Amendment. Paragraph 4 is divided into 2 paragraphs to properly

accord with rule 1.110(f).

April 1, 2026 Florida Rules of Civil Procedure

264

FORM 1.944(a). MORTGAGE FORECLOSURE

(When location of original note known)

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

1.

This is an action to foreclose a mortgage on real property in ..........

County, Florida.

2

er.

Committee Notes

1980 Amendment. Paragraph 4 is divided into 2 paragraphs to properly

accord with rule 1.110(f).

April 1, 2026 Florida Rules of Civil Procedure

264

FORM 1.944(a). MORTGAGE FORECLOSURE

(When location of original note known)

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

1.

This is an action to foreclose a mortgage on real property in ..........

County, Florida.

2.

On .....(date)....., defendant executed and delivered a promissory

note and a mortgage securing payment of the note to .....(plaintiff or plaintiff’s

predecessor)...... The mortgage was recorded on .....(date)....., in Official

Records Book .......... at page .......... of the public records of .......... County,

Florida, and mortgaged the property described in the mortgage then owned by

and in possession of the mortgagor, a copy of the mortgage and the note being

attached.

3.

(Select a, b, c, or d)

(a)

Plaintiff is the holder of the original note secured by the

mortgage.

(b)

Plaintiff is a person entitled to enforce the note under

applicable law because .....(allege specific facts)......

(c)

Plaintiff has been delegated the authority to institute a

mortgage foreclosure action on behalf of .....(name of holder)....., the holder of

the original note. The document(s) that grant(s) plaintiff the authority to act on

behalf of the holder of the original note is/are as follows ...........

(d)

Plaintiff has been delegated the authority to institute a

mortgage foreclosure action on behalf of .....(name of non-holder)....., who is not

the holder but is entitled to enforce the note under section 673.3011(2), Florida

Statutes, because .....(allege specific facts)...... The document(s) that grant(s)

plaintiff the authority to act on behalf of the person entitled to enforce the note

is are as follows ...........

4.

The property is now owned by defendant who holds possession.

5

on behalf of .....(name of non-holder)....., who is not

the holder but is entitled to enforce the note under section 673.3011(2), Florida

Statutes, because .....(allege specific facts)...... The document(s) that grant(s)

plaintiff the authority to act on behalf of the person entitled to enforce the note

is are as follows ...........

4.

The property is now owned by defendant who holds possession.

5.

Defendant has defaulted under the note and mortgage by failing to

pay the payment due .....(date)....., and all subsequent payments .....(allege

other defaults as applicable)......

6.

Plaintiff declares the full amount payable under the note and

mortgage to be due.

April 1, 2026 Florida Rules of Civil Procedure

265

7.

Defendant owes plaintiff $.......... that is due on principal on the

note and mortgage, interest from .....(date)....., and title search expense for

ascertaining necessary parties to this action.

8.

Plaintiff is obligated to pay plaintiff’s attorneys a reasonable fee for

their services. Plaintiff is entitled to recover its attorneys’ fees under .....(allege

statutory and/or contractual bases, as applicable)......

WHEREFORE plaintiff demands judgment foreclosing the mortgage, for

costs (and, when applicable, for attorneys’ fees), and, if the proceeds of the sale

are insufficient to pay plaintiff’s claim, a deficiency judgment.

NOTE: An action for foreclosure of a mortgage on residential real

property must contain an oath, affirmation, or the following statement as

required by rule 1.115(e).

VERIFICATION

Under penalty of perjury, I declare that I have read the foregoing, and the

facts alleged therein are true and correct to the best of my knowledge and

belief.

Executed on this …..(date)……

Person Signing Verification]

CERTIFICATION OF POSSESSION OF ORIGINAL NOTE

The undersigned hereby certifies:

1.

That plaintiff is in possession of the original promissory note upon

which this action is brought.

2.

The location of the original promissory note is: .....(location)......

3

he

facts alleged therein are true and correct to the best of my knowledge and

belief.

Executed on this …..(date)……

Person Signing Verification]

CERTIFICATION OF POSSESSION OF ORIGINAL NOTE

The undersigned hereby certifies:

1.

That plaintiff is in possession of the original promissory note upon

which this action is brought.

2.

The location of the original promissory note is: .....(location)......

3.

The name and title of the person giving the certification is:

.....(name and title)......

4.

The name of the person who personally verified such possession is:

.....(name)......

5.

The time and date on which possession was verified were: .....(time

and date)......

6.

Correct copies of the note (and, if applicable, all endorsements,

transfers, allonges, or assignments of the note) are attached to this

certification.

April 1, 2026 Florida Rules of Civil Procedure

266

7.

I give this statement based on my personal knowledge.

Under penalties of perjury, I declare that I have read the foregoing

Certification of Possession of Original Note and that the facts stated in it are

true.

Executed on .....(date)......

(Person Signing Certification)

NOTE: This form is for installment payments with acceleration. It omits

allegations about junior encumbrances, unpaid taxes, and unpaid insurance

premiums, other nonmonetary defaults, and for a receiver. They must be added

when appropriate. A copy of the note and mortgage must be attached. This

form may require modification. This form is designed to incorporate the

pleading requirements of section 702.015, Florida Statutes (2013) and rule

1.115. It is also designed to conform to section 673.3011, Florida Statutes

(2013), except that part of section 673.3011, Florida Statutes, which defines a

person entitled to enforce an instrument under section 673.3091, Florida

Statutes. See form 1.944(b). Pursuant to section 702.015, Florida Statutes

ed to incorporate the

pleading requirements of section 702.015, Florida Statutes (2013) and rule

1.115. It is also designed to conform to section 673.3011, Florida Statutes

(2013), except that part of section 673.3011, Florida Statutes, which defines a

person entitled to enforce an instrument under section 673.3091, Florida

Statutes. See form 1.944(b). Pursuant to section 702.015, Florida Statutes

(2013), a certification of possession of the original promissory note must be

filed contemporaneously with the Complaint (form 1.944(a)) or, in the event

that the plaintiff seeks to enforce a lost, destroyed, or stolen instrument, an

affidavit setting forth the facts required by law must be attached to the

complaint (form 1.944(b)).

FORM 1.944(b). MORTGAGE FORECLOSURE

(When location of original note unknown)

COMPLAINT

Plaintiff, ABC, sues defendant, XYZ, and states:

1.

This is an action to foreclose a mortgage on real property in ..........

County, Florida.

2.

On .....(date)....., defendant executed and delivered a promissory

note and a mortgage securing the payment of said note to .....(plaintiff or

plaintiff’s predecessor)...... The mortgage was recorded on .....(date)....., in

Official Records Book .......... at page .......... of the public records of ..........

County, Florida, and mortgaged the property described therein which was then

owned by and in possession of the mortgagor. A copy of the mortgage and note

are attached to the affidavit which is attached hereto as Composite Exhibit “1”;

the contents of the affidavit are specifically incorporated by reference.

3.

Plaintiff is not in possession of the note but is entitled to enforce it.

April 1, 2026 Florida Rules of Civil Procedure

267

4.

(select a, b, c, or d) Plaintiff cannot reasonably obtain possession of

the note because

(a)

the note was destroyed.

(b)

the note is lost.

(c)

the note is in the wrongful possession of an unknown

person.

ents of the affidavit are specifically incorporated by reference.

3.

Plaintiff is not in possession of the note but is entitled to enforce it.

April 1, 2026 Florida Rules of Civil Procedure

267

4.

(select a, b, c, or d) Plaintiff cannot reasonably obtain possession of

the note because

(a)

the note was destroyed.

(b)

the note is lost.

(c)

the note is in the wrongful possession of an unknown

person.

(d)

the note is in the wrongful possession of a person that

cannot be found or is not amenable to service of process.

5.

(select a, b, c, d, e, or f)

(a)

When loss of possession occurred, plaintiff was the holder of

the original note secured by the mortgage.

(b)

When loss of possession occurred, plaintiff was a person

entitled to enforce the note under applicable law because .....(allege specific

facts)......

(c)

Plaintiff has directly or indirectly acquired ownership of the

note from a person entitled to enforce the note when loss of possession

occurred as follows: .....(allege facts as to transfer of ownership)......

(d)

Plaintiff has been delegated the authority to institute a

mortgage foreclosure action on behalf of the holder of the original note who lost

possession of the note. The document(s) that grant(s) plaintiff the authority to

act on behalf of the person entitled to enforce the note is/are as follows ..........

(attach documents if not already attached).

(e)

Plaintiff has been delegated the authority to institute a

mortgage foreclosure action on behalf of the person entitled to enforce the note

when loss of possession occurred because .....(allege specific facts)...... The

document(s) that grant(s) plaintiff the authority to act on behalf of the person

entitled to enforce the note is/are as follows .......... (attach documents if not

already attached).

laintiff has been delegated the authority to institute a

mortgage foreclosure action on behalf of the person entitled to enforce the note

when loss of possession occurred because .....(allege specific facts)...... The

document(s) that grant(s) plaintiff the authority to act on behalf of the person

entitled to enforce the note is/are as follows .......... (attach documents if not

already attached).

(f)

Plaintiff has been delegated the authority to institute a

mortgage foreclosure action on behalf of the person or entity who directly or

indirectly acquired ownership of the note from a person entitled to enforce the

note when loss of possession occurred, as follows: .....(allege specific facts)......

the document(s) that grant(s) plaintiff the authority to act on behalf of the

person entitled to enforce the note is/are as follows .......... (attach documents

if not already attached).

April 1, 2026 Florida Rules of Civil Procedure

268

6.

Plaintiff did not transfer the note or lose possession of it as the

result of a lawful seizure.

7.

The property is now owned by defendant who holds possession.

8.

Defendant has defaulted under the note and mortgage by failing to

pay the payment(s) due ..…(date(s))….. , and all subsequent payments …..

(identify other defaults as applicable)……

9.

Plaintiff declares the full amount payable under the note and

mortgage to be due.

10.

Defendant owes plaintiff $......... that is due on principal on the

note and mortgage, interest from .....(date)....., and title search expense for

ascertaining necessary parties to this action.

11.

Plaintiff is obligated to pay its attorneys a reasonable fee for their

services. Plaintiff is entitled to recover its attorneys’ fees for prosecuting this

claim pursuant to .....(identify statutory and/or contractual bases, as

applicable).....

s due on principal on the

note and mortgage, interest from .....(date)....., and title search expense for

ascertaining necessary parties to this action.

11.

Plaintiff is obligated to pay its attorneys a reasonable fee for their

services. Plaintiff is entitled to recover its attorneys’ fees for prosecuting this

claim pursuant to .....(identify statutory and/or contractual bases, as

applicable)......

WHEREFORE, Plaintiff demands judgment re-establishing the

promissory note, determining the amount and nature of adequate protection to

be required by sections 673.3091(2) and 702.11, Florida Statutes, foreclosing

the mortgage, for costs (and, where applicable, for attorneys’ fees), and if the

proceeds of the sale are insufficient to pay plaintiff’s claim, a deficiency

judgment.

NOTE: An action for foreclosure of a mortgage on residential real

property must contain an oath, affirmation, or the following statement as

required by rule 1.115(e).

VERIFICATION

Under penalty of perjury, I declare that I have read the foregoing, and the

facts alleged therein are true and correct to the best of my knowledge and

belief.

Executed on .....(date)......

(Person Signing Verification)

*****

AFFIDAVIT OF COMPLIANCE

STATE OF FLORIDA

April 1, 2026 Florida Rules of Civil Procedure

269

COUNTY OF ………..

BEFORE ME, the undersigned authority, personally appeared

.....(name)....., who, after being first duly sworn, deposes and states, under

penalty of perjury:

1.

I am the plaintiff (or plaintiff’s ..........) (identify relationship to

plaintiff).

I am executing this affidavit in support of plaintiff’s Complaint against

defendant and I have personal knowledge of the matters set forth herein.

2.

On .....(date)..... , the public records reflect that defendant executed

and delivered a mortgage securing the payment of the note to

.....(plaintiff/plaintiff’s predecessor)...... The mortgage was recorded on

.....(date)..... , in Official Records Book .......... at page .......... of the public

records of .........

ainst

defendant and I have personal knowledge of the matters set forth herein.

2.

On .....(date)..... , the public records reflect that defendant executed

and delivered a mortgage securing the payment of the note to

.....(plaintiff/plaintiff’s predecessor)...... The mortgage was recorded on

.....(date)..... , in Official Records Book .......... at page .......... of the public

records of .......... County, Florida, and mortgaged the property described

therein, which was then owned by and in possession of the mortgagor, a copy

of the mortgage and the note being attached.

3.

Plaintiff is not in possession of the note but is entitled to enforce it.

4.

(select a, b, c, or d) Plaintiff cannot reasonably obtain possession of

the note because

(a)

the note was destroyed.

(b)

the note is lost.

(c)

the note is in the wrongful possession of an unknown

person.

(d)

the note is in the wrongful possession of a person who

cannot be found or is not amenable to service of process.

5.

(select a, b, c, d, e, or f)

(a)

When loss of possession occurred, plaintiff was the holder of

the original note secured by the mortgage.

(b)

When loss of possession occurred, plaintiff was a person

entitled to enforce the note under applicable law because .....(allege specific

facts)......

(c)

Plaintiff has directly or indirectly acquired ownership of the

note from a person entitled to enforce the note when loss of possession

occurred as follows: .....(allege facts regarding transfer of ownership)......

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(d)

Plaintiff has been delegated the authority to institute a

mortgage foreclosure action on behalf of the holder of the original note who lost

possession of the note. The document(s) that grant(s) plaintiff the authority to

act on behalf of the person entitled to enforce the note is/are as follows ...........

(attach copy of document(s) or relevant portion(s) of the document(s)).

il Procedure

270

(d)

Plaintiff has been delegated the authority to institute a

mortgage foreclosure action on behalf of the holder of the original note who lost

possession of the note. The document(s) that grant(s) plaintiff the authority to

act on behalf of the person entitled to enforce the note is/are as follows ...........

(attach copy of document(s) or relevant portion(s) of the document(s)).

(e)

Plaintiff has been delegated the authority to institute a

mortgage foreclosure action on behalf of the person entitled to enforce the

original note when loss of possession occurred, because .....(allege specific

facts)...... The document(s) that grant(s) plaintiff the authority to act on behalf

of the person entitled to enforce the note is/are as follows .......... (attach

documents if not already attached).

(f)

Plaintiff has been delegated the authority to institute a

mortgage foreclosure action on behalf of the person or entity who directly or

indirectly acquired ownership of the note from a person entitled to enforce the

original note when loss of possession occurred, as follows .....(allege specific

facts)...... The document(s) that grant(s) plaintiff the authority to act on behalf

of the person entitled to enforce the note is/are as follows .......... (attach

documents if not already attached).

6.

Below is the clear chain of the endorsements, transfers, allonges or

assignments of the note and all documents that evidence same as are available

to Plaintiff: .....(identify in chronological order all endorsements, transfers,

assignments of, allonges to, the note or other evidence of the acquisition,

ownership and possession of the note)...... Correct copies of the foregoing

documents are attached to this affidavit.

7.

Plaintiff did not transfer the note or lose possession of it as the

result of a lawful seizure.

FURTHER, AFFIANT SAYETH NAUGHT.

[signature]

……….

[typed or printed name of affiant]

STATE OF FLORIDA

COUNTY OF ..............

longes to, the note or other evidence of the acquisition,

ownership and possession of the note)...... Correct copies of the foregoing

documents are attached to this affidavit.

7.

Plaintiff did not transfer the note or lose possession of it as the

result of a lawful seizure.

FURTHER, AFFIANT SAYETH NAUGHT.

[signature]

……….

[typed or printed name of affiant]

STATE OF FLORIDA

COUNTY OF ...............

BEFORE ME, the undersigned authority appeared .....(name of

affiant)....., who .....is personally known to me or ..... produced identification

….. and acknowledged that he/she executed the foregoing instrument for the

purposes expressed therein and who did take an oath.

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271

WITNESS my hand and seal in the State and County aforesaid, this

.....(date)......

NOTARY PUBLIC, State of Florida

Print Name: ……….

Commission Expires:……….

Committee Note

2014 Adoption. This form is for installment payments with acceleration.

It omits allegations about junior encumbrances, unpaid taxes, unpaid

insurance premiums, other nonmonetary defaults, and for a receiver.

Allegations must be added when appropriate. This form may require

modification. This form is designed to incorporate the pleading requirements of

section 702.015, Florida Statutes (2013), and rule 1.115. It is also designed to

comply with section 673.3091, Florida Statutes (2013). Adequate protection as

required by sections 702.11 (2013) and 673.3091(2), Florida Statutes (2013),

must be provided before the entry of final judgment.

FORM 1.944(c)

MOTION FOR ORDER TO SHOW CAUSE

PLAINTIFF’S MOTION FOR ORDER TO SHOW CAUSE FOR ENTRY OF

FINAL JUDGMENT OF FORECLOSURE

1.

Plaintiff is a lienholder of real property located at …..(address)…..

or is a …..Condominium Association/Cooperative Association/Homeowner’s

Association……

2.

The plaintiff has filed a verified complaint in conformity with

applicable law, which is attached.

3

dgment.

FORM 1.944(c)

MOTION FOR ORDER TO SHOW CAUSE

PLAINTIFF’S MOTION FOR ORDER TO SHOW CAUSE FOR ENTRY OF

FINAL JUDGMENT OF FORECLOSURE

1.

Plaintiff is a lienholder of real property located at …..(address)…..

or is a …..Condominium Association/Cooperative Association/Homeowner’s

Association……

2.

The plaintiff has filed a verified complaint in conformity with

applicable law, which is attached.

3.

The plaintiff requests this court issue an order requiring

defendant(s) to appear before the court to show cause why a final judgment of

foreclosure should not be entered against defendant(s).

4.

The date of the hearing may not occur sooner than the later of 20

days after service of the order to show cause or 45 days after service of the

initial complaint.

OR

COMMENT: Use the following when service is by publication:

4.

When service is obtained by publication, the date for the hearing

may not be set sooner than 30 days after the first publication.

April 1, 2026 Florida Rules of Civil Procedure

272

5.

The accompanying proposed order to show cause affords

defendant(s) all the rights and obligations as contemplated by applicable law.

6.

Upon the entry of the order to show cause, plaintiff shall serve a

copy of the executed order to show cause for entry of final judgment as

required by law.

Plaintiff requests the court review this complaint and grant this motion for

order to show cause for entry of final judgment of foreclosure, and grant such

further relief as may be awarded at law or in equity.

Plaintiff

Certificate of Service

Committee Note

2014 Adoption. This form is designed to comply with section 702.10,

Florida Statutes (2013).

FORM 1.944(d)

ORDER TO SHOW CAUSE

ORDER TO SHOW CAUSE

THIS CAUSE has come before the court on …..plaintiff’s/lien holder’s…..

motion for order to show cause for entry of final judgment of mortgage

foreclosure and the court having reviewed the motion and the verified

complaint, and being otherwise fully advised in the circumstances, finds and it

is

ORDERED AND ADJUDGED that:

1

rida Statutes (2013).

FORM 1.944(d)

ORDER TO SHOW CAUSE

ORDER TO SHOW CAUSE

THIS CAUSE has come before the court on …..plaintiff’s/lien holder’s…..

motion for order to show cause for entry of final judgment of mortgage

foreclosure and the court having reviewed the motion and the verified

complaint, and being otherwise fully advised in the circumstances, finds and it

is

ORDERED AND ADJUDGED that:

1.

The defendant(s) shall appear at a hearing on foreclosure on

…..(date)….. at …..(time)….. before the undersigned judge, in the

…..(county)….. Courthouse at …..(address)….., to show cause why the attached

final judgment of foreclosure should not be entered against the defendant(s) in

this cause. This hearing referred to in this order is a “show cause hearing.”

2.

This ORDER TO SHOW CAUSE shall be served on the defendant(s)

in accordance with the Florida Rules of Civil Procedure and applicable law as

follows:

a.

If the defendant(s) has/have been served under Chapter 48,

Florida Statutes, with the verified complaint and original process has already

been effectuated, service of this order may be made in the manner provided in

the Florida Rules of Civil Procedure; or, if the other party is a plaintiff in the

action, service of the order to show cause on that party may be made in the

manner provided in the Florida Rules of Civil Procedure.

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273

b.

If the defendant(s) has/have not been served under Chapter

48, Florida Statutes, with the verified complaint and original process, the order

to show cause, together with the summons and a copy of the verified

complaint, shall be served on the party in the same manner as provided by law

for original process.

3.

The filing of defenses by a motion or verified answer at or before

the show cause hearing constitutes cause for which the court may not enter

the attached final judgment.

4

h the verified complaint and original process, the order

to show cause, together with the summons and a copy of the verified

complaint, shall be served on the party in the same manner as provided by law

for original process.

3.

The filing of defenses by a motion or verified answer at or before

the show cause hearing constitutes cause for which the court may not enter

the attached final judgment.

4.

Defendant(s) has/have the right to file affidavits or other papers at

the time of the show cause hearing and may appear at the hearing personally

or by an attorney.

5.

If defendant(s) file(s) motions, they may be considered at the time

of the show cause hearing.

6.

Defendant(s)’ failure to appear either in person or by an attorney at

the show cause hearing or to file defenses by motion or by a verified or sworn

answer, affidavits, or other papers which raise a genuine issue of material fact

which would preclude entry of summary judgment or which would otherwise

constitute a legal defense to foreclosure, after being served as provided by law

with the order to show cause, will be deemed presumptively a waiver of the

right to a hearing. In such case, the court may enter a final judgment of

foreclosure ordering the clerk of the court to conduct a foreclosure sale. An

order requiring defendant(s) to vacate the premises may also be entered.

7.

If the mortgage provides for reasonable attorneys’ fees and the

requested fee does not exceed 3% of the principal amount owed at the time the

complaint is filed, the court may not need to hold a hearing to adjudge the

requested fee to be reasonable.

8.

Any final judgment of foreclosure entered under section 702.10(1)

Florida Statutes, shall be only for in rem relief; however, entry of such final

judgment of foreclosure shall not preclude entry of an in personam money

damages judgment or deficiency judgment where otherwise allowed by law.

9

plaint is filed, the court may not need to hold a hearing to adjudge the

requested fee to be reasonable.

8.

Any final judgment of foreclosure entered under section 702.10(1)

Florida Statutes, shall be only for in rem relief; however, entry of such final

judgment of foreclosure shall not preclude entry of an in personam money

damages judgment or deficiency judgment where otherwise allowed by law.

9.

A copy of the proposed final judgment is attached and will be

entered by the court if defendant(s) waive(s) the right to be heard at the

show cause hearing.

DONE AND ORDERED at …..(county)….., Florida …..(date)……

CIRCUIT JUDGE

Copies to:

April 1, 2026 Florida Rules of Civil Procedure

274

Committee Note

2014 Adoption. This form is designed to comply with section 702.10(1),

Florida Statutes (2013).

FORM 1.945.

MOTOR VEHICLE NEGLIGENCE COMPLAINT

COMPLAINT

Plaintiff, A. B., sues defendants, C. D., and E. F., and alleges:

1.

This is an action for damages that (insert jurisdictional amount).

2.

(Use a or b) a. On or about .....(date)....., defendant, C. D., owned a

motor vehicle that was operated with his/her consent by defendant, E. F., at

.................. in ...................., Florida.

b.

On or about .....(date)....., defendant owned and operated a

motor vehicle at ................ in ........................, Florida.

3.

At that time and place defendants negligently operated or

maintained the motor vehicle so that it collided with plaintiff’s motor vehicle.

4.

As a result plaintiff suffered bodily injury and resulting pain and

suffering, disability, disfigurement, mental anguish, loss of capacity for the

enjoyment of life, expense of hospitalization, medical and nursing care and

treatment, loss of earnings, loss of ability to earn money, and aggravation of a

previously existing condition. The losses are either permanent or continuing

and plaintiff will suffer the losses in the future. Plaintiff’s automobile was

damaged and he/she lost the use of it during the period required for its repair

or replacement

nt of life, expense of hospitalization, medical and nursing care and

treatment, loss of earnings, loss of ability to earn money, and aggravation of a

previously existing condition. The losses are either permanent or continuing

and plaintiff will suffer the losses in the future. Plaintiff’s automobile was

damaged and he/she lost the use of it during the period required for its repair

or replacement.

WHEREFORE plaintiff demands judgment for damages against

defendants.

NOTE: This form, except for paragraph 2b, is for use when owner and

driver are different persons. Use paragraph 2b when they are the same. If

paragraph 2b is used, “defendants” must be changed to “defendant” wherever it

appears.

Committee Notes

1980 Amendment. This form was changed to show that one of the alternatives

in paragraph 2 is used, but not both, and paragraph 4 has been changed to

paraphrase Standard Jury Instruction 6.2.

April 1, 2026 Florida Rules of Civil Procedure

275

FORM 1.946.

MOTOR VEHICLE NEGLIGENCE WHEN PLAINTIFF IS

UNABLE TO DETERMINE WHO IS RESPONSIBLE

COMPLAINT

Plaintiff, A. B., sues defendants, C. D., and E. F., and alleges:

1.

This is an action for damages that (insert jurisdictional amount).

2.

On or about .....(date)....., defendant, C. D., or defendant, E. F., or

both defendants, owned and operated motor vehicles at .................... in

...................., Florida.

3.

At that time and place defendants, or one of them, negligently

operated or maintained their motor vehicles so that one or both of them

collided with plaintiff’s motor vehicle.

4.

As a result plaintiff suffered bodily injury and resulting pain and

suffering, disability, disfigurement, mental anguish, loss of capacity for the

enjoyment of life, expense of hospitalization, medical and nursing care and

treatment, loss of earnings, loss of ability to earn money, and aggravation of a

previously existing condition. The losses are either permanent or continuing

and plaintiff will suffer the losses in the future

bodily injury and resulting pain and

suffering, disability, disfigurement, mental anguish, loss of capacity for the

enjoyment of life, expense of hospitalization, medical and nursing care and

treatment, loss of earnings, loss of ability to earn money, and aggravation of a

previously existing condition. The losses are either permanent or continuing

and plaintiff will suffer the losses in the future. Plaintiff’s automobile was

damaged and he/she lost the use of it during the period required for its repair

or replacement.

WHEREFORE plaintiff demands judgment for damages against

defendants.

NOTE: Allegations when owner and driver are different persons are

omitted from this form and must be added when proper.

Committee Notes

1980 Amendment. Paragraph 4 is changed to paraphrase Standard Jury

Instruction 6.2.

FORM 1.947.

TENANT EVICTION

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

1.

This is an action to evict a tenant from real property in ..................

County, Florida.

2.

Plaintiff owns the following described real property in said county:

April 1, 2026 Florida Rules of Civil Procedure

276

(describe property)

3.

Defendant has possession of the property under (oral, written)

agreement to pay rent of $.......... payable .....................

4.

Defendant failed to pay rent due .....(date)......

5.

Plaintiff served defendant with a notice on .....(date)....., to pay the

rent or deliver possession but defendant refuses to do either.

WHEREFORE plaintiff demands judgment for possession of the property

against defendant.

NOTE: Paragraph 3 must specify whether the rental agreement is written

or oral and if written, a copy must be attached.

FORM 1.947(b). ANSWER—RESIDENTIAL EVICTION

1.

The defendant answers the complaint as follows: (Check ONLY 1,

a. or b.)

a.

Defendant generally denies each statement of the

complaint.

b.

Defendant admits that all the statements of the

complaint are true EXCEPT:

against defendant.

NOTE: Paragraph 3 must specify whether the rental agreement is written

or oral and if written, a copy must be attached.

FORM 1.947(b). ANSWER—RESIDENTIAL EVICTION

1.

The defendant answers the complaint as follows: (Check ONLY 1,

a. or b.)

a.

Defendant generally denies each statement of the

complaint.

b.

Defendant admits that all the statements of the

complaint are true EXCEPT:

(i)

The following statement(s) in paragraph(s)

of the complaint is/are false. Please explain:

(ii)

I do not know whether the information in

paragraph(s)

of the complaint is/are true or false, so I am

denying them.

2.

If you write down any defense other than payment of rent, then

you must take one of the following steps:

a.

If you agree with the landlord about the rent owed, then you

must pay the rent owed into the court registry when you file this response.

b.

If you disagree with the landlord about the rent owed for any

reason, then you must check box 3(b) below and describe with detail why you

disagree.

April 1, 2026 Florida Rules of Civil Procedure

277

c.

You MUST pay the clerk of court the rent each time it

becomes due until the lawsuit is over.

If you fail to follow these instructions, then you will lose your defenses.

You will not have a hearing in your case and you may be evicted without a

court date.

3.

The defendant sets forth the following defenses to the complaint:

(Check ONLY the defenses that apply, and state brief facts to support each

checked defense.)

a.

The landlord did not make repairs, and I withheld my

rent after sending written notice to the landlord. (Attach a copy of the written

notice to the landlord.) Please explain:

b.

I do not owe the total amount of rent or ongoing

amount of rent the landlord claims I owe. I am also asking this court to

determine the amount of rent that must be deposited into the court registry

and requesting a hearing. (Motion to Determine Rent.) Please explain:

c

d my

rent after sending written notice to the landlord. (Attach a copy of the written

notice to the landlord.) Please explain:

b.

I do not owe the total amount of rent or ongoing

amount of rent the landlord claims I owe. I am also asking this court to

determine the amount of rent that must be deposited into the court registry

and requesting a hearing. (Motion to Determine Rent.) Please explain:

c.

I attempted/offered to pay all the rent due before the

notice to pay rent expired, but the landlord did not accept the rent payment.

Please explain:

d.

I paid the rent demanded by the landlord in the notice

to pay rent. Please explain:

e.

The landlord waived, changed, or canceled the notice

that required me to move out of the residence. Please explain:

f.

The landlord filed the eviction in retaliation against

me. For example, the tenant has complained to a governmental agency charged

April 1, 2026 Florida Rules of Civil Procedure

278

with responsibility for enforcement of building, housing, or health codes of a

suspected violation, or tenant has complained directly to the landlord. Please

explain:

g.

The landlord filed the eviction in violation of the

Federal Fair Housing Act and/or the Florida Fair Housing Act. Please explain:

h.

The landlord accepted rent from me after sending me

the notice to terminate. Please explain:

i.

I already corrected the violations claimed by the

landlord on the notice to terminate. Please explain:

j.

The landlord is not the owner of the property where I

live. Please explain:

k.

I did not receive the notice to terminate or the notice

was legally incorrect. Please explain:

l.

Other defenses. Please explain:

4.

You have a constitutional right to request a trial by a jury of

your peers instead of a judge. However, there are some things you should

know about this right:

April 1, 2026 Florida Rules of Civil Procedure

279

a.

You may have waived this right in your lease, so review it

carefully before requesting a jury trial.

b

otice

was legally incorrect. Please explain:

l.

Other defenses. Please explain:

4.

You have a constitutional right to request a trial by a jury of

your peers instead of a judge. However, there are some things you should

know about this right:

April 1, 2026 Florida Rules of Civil Procedure

279

a.

You may have waived this right in your lease, so review it

carefully before requesting a jury trial.

b.

If you want a jury trial, you should request it in writing when

you file your answer or you may waive your right to a jury trial.

c.

Jury trials are not simple to conduct. You will bear some

responsibility in the process and, if you are unprepared, it may be difficult to

represent yourself in a jury trial. Additionally, once you request a jury trial, if

you change your mind and you want the judge to decide your case, the

landlord will need to agree.

d.

If you have questions about whether to request a jury trial,

you should speak with an attorney.

5.

Select whether you want to request a jury trial: (Check only one.)

I want a judge to decide my case.

I want a jury to decide my case.

All of the statements made above are true to the best of my knowledge

and belief.

Signature:

Printed Name:

Date:

Address:

Telephone Number:

E-mail Address:

NOTE: Each defendant named in the complaint for whom this answer is

filed must sign this answer unless the defendant’s attorney signs.

FORM 1.948.

THIRD-PARTY COMPLAINT. GENERAL FORM

THIRD-PARTY COMPLAINT

Defendant, C. D., sues third-party defendant, E. F., and alleges:

1.

Plaintiff filed a complaint against defendant, C. D., a copy being

attached.

2.

(State the cause of action that C. D. has against E. F. for all or part

of what A. B. may recover from C. D. as in an original complaint.)

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280

WHEREFORE defendant C. D., demands judgment against the third-

party defendant, E. F., for all damages that are adjudged against defendant,

C.D., in favor of plaintiff

efendant, C. D., a copy being

attached.

2.

(State the cause of action that C. D. has against E. F. for all or part

of what A. B. may recover from C. D. as in an original complaint.)

April 1, 2026 Florida Rules of Civil Procedure

280

WHEREFORE defendant C. D., demands judgment against the third-

party defendant, E. F., for all damages that are adjudged against defendant,

C.D., in favor of plaintiff.

NOTE: A copy of the complaint from which the third-party complaint is

derived must be attached.

Committee Notes

1988 Amendment. The first sentence was changed to eliminate the words

“and third party plaintiff.”

FORM 1.949.

IMPLIED WARRANTY

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

1.

This is an action for damages that (insert jurisdictional amount).

2.

Defendant manufactured a product known and described as

(describe product).

3.

Defendant warranted that the product was reasonably fit for its

intended use as (describe intended use).

4.

On .....(date)....., at .................. in .................. County, Florida, the

product (describe the occurrence and defect that resulted in injury) while being

used for its intended purpose, causing injuries to plaintiff who was then a user

of the product.

5.

As a result plaintiff was injured in and about his/her body and

extremities, suffered pain therefrom, incurred medical expense in the treatment

of the injuries, and suffered physical handicap, and his/her working ability

was impaired; the injuries are either permanent or continuing in their nature

and plaintiff will suffer the losses and impairment in the future.

WHEREFORE plaintiff demands judgment for damages against

defendant.

Committee Notes

1972 Amendment. This form is changed to require an allegation of the

defect in paragraph 4. Contentions were made in trial courts that the form as

presently authorized eliminated the substantive requirement that the plaintiff

prove a defect except under those circumstances when substantive law

eliminates the necessity of such proof

ff demands judgment for damages against

defendant.

Committee Notes

1972 Amendment. This form is changed to require an allegation of the

defect in paragraph 4. Contentions were made in trial courts that the form as

presently authorized eliminated the substantive requirement that the plaintiff

prove a defect except under those circumstances when substantive law

eliminates the necessity of such proof. Paragraph 4 is amended to show that no

substantive law change was intended.

April 1, 2026 Florida Rules of Civil Procedure

281

FORM 1.951.

FALL-DOWN NEGLIGENCE COMPLAINT

COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges:

1.

This is an action for damages that (insert jurisdictional amount).

2.

On .....(date)....., defendant was the owner and in possession of a

building at .................... in ...................., Florida, that was used as a (describe

use).

3.

At that time and place plaintiff went on the property to (state

purpose).

4.

Defendant negligently maintained (describe item) on the property

by (describe negligence or dangerous condition) so that plaintiff fell on the

property.

5.

The negligent condition was known to defendant or had existed for

a sufficient length of time so that defendant should have known of it.

6.

As a result plaintiff was injured in and about his/her body and

extremities, suffered pain therefrom, incurred medical expense in the treatment

of the injuries, and suffered physical handicap, and his/her working ability

was impaired; the injuries are either permanent or continuing in nature and

plaintiff will suffer the losses and impairment in the future.

WHEREFORE plaintiff demands judgment for damages against

defendant.

FORM 1.960.

BOND. GENERAL FORM

(TYPE OF BOND)

WE, (plaintiff’s name), as principal and (surety’s name), as Surety, are

bound to (defendant’s name) in the sum of $.......... for the payment of which

we bind ourselves, our heirs, personal representatives, successors, and

assigns, jointly and severally

s and impairment in the future.

WHEREFORE plaintiff demands judgment for damages against

defendant.

FORM 1.960.

BOND. GENERAL FORM

(TYPE OF BOND)

WE, (plaintiff’s name), as principal and (surety’s name), as Surety, are

bound to (defendant’s name) in the sum of $.......... for the payment of which

we bind ourselves, our heirs, personal representatives, successors, and

assigns, jointly and severally.

THE CONDITION OF THIS BOND is that if plaintiff shall (insert

condition), then this bond is void; otherwise it remains in force.

SIGNED AND SEALED on ................

As Principal

(surety’s name)

April 1, 2026 Florida Rules of Civil Procedure

282

By

As Attorney in Fact

As Surety

Approved on …..(date)…..

(Name of Clerk)

As Clerk of the Court

By

As Deputy Clerk

Committee Notes

1992 Amendment. The “Approved on [.....(date).....]” line is moved to a location

immediately above the clerk’s name.

FORM 1.961.

VARIOUS BOND CONDITIONS

The following conditions are to be inserted in the second paragraph of

form 1.960 in the blank provided for the condition of the bond. Other proper

conditions must be inserted for other types of bonds.

(a)

Attachment, Garnishment, and Distress.

. . . pay all costs and damages that defendant sustains in consequence of

plaintiff improperly suing out (type of writ) in this action . . .

NOTE: The condition of an attachment bond in aid of foreclosure when

the holder of the property is unknown is different from the foregoing condition.

See section 76.12, Florida Statutes.

(b)

Costs.

. . . pay all costs and charges that are adjudged against plaintiff in this

action . . .

ages that defendant sustains in consequence of

plaintiff improperly suing out (type of writ) in this action . . .

NOTE: The condition of an attachment bond in aid of foreclosure when

the holder of the property is unknown is different from the foregoing condition.

See section 76.12, Florida Statutes.

(b)

Costs.

. . . pay all costs and charges that are adjudged against plaintiff in this

action . . .

(c)

Replevin.

. . . prosecute this action to effect and without delay, and if defendant

recovers judgment against plaintiff in this action, plaintiff shall return the

property replevied if return of it is adjudged, and shall pay defendant all money

recovered against plaintiff by defendant in this action . . .

FORM 1.965.

DEFENSE. STATUTE OF LIMITATIONS

Each cause of action, claim, and item of damages did not accrue within

the time prescribed by law for them before this action was brought.

April 1, 2026 Florida Rules of Civil Procedure

283

FORM 1.966.

DEFENSE. PAYMENT

Before commencement of this action defendant discharged plaintiff’s

claim and each item of it by payment.

FORM 1.967.

DEFENSE. ACCORD AND SATISFACTION

On .....(date)....., defendant delivered to plaintiff and plaintiff accepted

from defendant (specify consideration) in full satisfaction of plaintiff’s claim.

FORM 1.968.

DEFENSE. FAILURE OF CONSIDERATION

The sole consideration for the execution and delivery of the promissory

note described in paragraph ………. of the complaint was plaintiff’s promise to

lend defendant $1,000; plaintiff failed to lend the sum to defendant.

NOTE: This form is for failure to complete the loan evidenced by a

promissory note. The contract, consideration, and default of the plaintiff must

be varied to meet the facts of each case.

FORM 1.969.

DEFENSE. STATUTE OF FRAUDS

The agreement alleged in the complaint was not in writing and signed by

defendant or by some other person authorized by defendant and was to answer

for the debt, default, or miscarriage of another person

to complete the loan evidenced by a

promissory note. The contract, consideration, and default of the plaintiff must

be varied to meet the facts of each case.

FORM 1.969.

DEFENSE. STATUTE OF FRAUDS

The agreement alleged in the complaint was not in writing and signed by

defendant or by some other person authorized by defendant and was to answer

for the debt, default, or miscarriage of another person.

NOTE: This form is for one of the cases covered by the Statute of Frauds.

It must be varied to meet the facts of other cases falling within the statute.

FORM 1.970.

DEFENSE. RELEASE

On .....(date)....., and after plaintiff’s claim in this action accrued, plaintiff

released defendant from it, a copy of the release being attached.

NOTE: This form is for the usual case of a written release. If the release

is not in writing, the last clause must be omitted and the word “orally” inserted

before “released.”

FORM 1.971.

DEFENSE. MOTOR VEHICLE CONTRIBUTORY

NEGLIGENCE

Plaintiff’s negligence contributed to the accident and his/her injury and

damages because he/she negligently operated or maintained the motor vehicle

in which he/she was riding so that it collided with defendant’s motor vehicle.

April 1, 2026 Florida Rules of Civil Procedure

284

FORM 1.972.

DEFENSE. ASSUMPTION OF RISK

Plaintiff knew of the existence of the danger complained of in the

complaint, realized and appreciated the possibility of injury as a result of the

danger, and, having a reasonable opportunity to avoid it, voluntarily exposed

himself/herself to the danger.

Committee Note

1980 Amendment. This form is amended to show the substantive changes

caused by the substitution of the doctrine of comparative negligence for

contributory negligence. The form is paraphrased from Standard Jury

Instruction 3.8.

FORM 1.975.

NOTICE OF COMPLIANCE WHEN CONSTITUTIONAL

CHALLENGE IS BROUGHT

NOTICE OF COMPLIANCE WITH

SECTION 86.091, FLORIDA STATUTES

The undersigned hereby gives notice of compliance with Fla. R. Civ. P

amended to show the substantive changes

caused by the substitution of the doctrine of comparative negligence for

contributory negligence. The form is paraphrased from Standard Jury

Instruction 3.8.

FORM 1.975.

NOTICE OF COMPLIANCE WHEN CONSTITUTIONAL

CHALLENGE IS BROUGHT

NOTICE OF COMPLIANCE WITH

SECTION 86.091, FLORIDA STATUTES

The undersigned hereby gives notice of compliance with Fla. R. Civ. P.

1.071, with respect to the constitutional challenge brought pursuant to

.....(Florida statute, charter, ordinance, or franchise challenged)...... The

undersigned complied by serving the .....(Attorney General for the state of

Florida or State Attorney for the ………. Judicial Circuit)...... with a copy of the

pleading or motion challenging .....(Florida statute, charter, ordinance, or

franchise challenged)....., by .....(certified or registered mail)..... on .....(date)......

.....(Name of Attorney).....

Attorney for .....(Name of Client)…..

.....Address.....

.....(Telephone number).....

.....(E-mail address(es)).....

Florida Bar No. ……….

Committee Notes

2010 Adoption. This form is to be used to provide notice of a

constitutional challenge as required by section 86.091, Florida Statutes. See