In re Amendments to the Florida Small Claims Rules (931 So. 2d 78, 2005)

PER CURIAM.

We have for consideration the biennial report of proposed rule changes filed by the Small Claims Rules Committee (Committee), in accordance with Florida Rule of Judicial Administration 2.130(c)(4). We have jurisdiction. See art. V, § 2(a), Fla. Const.

BACKGROUND

The Committee’s regular-cycle report proposes amendments to rules 7.080 (Service of Pleadings and Papers Other Than Statement of Claim), and 7.090 (Appearance; Defensive Pleadings; Trial Date), as well as the addition of new rule 7.175 (Motions for Costs and Attorneys’ Fees). The Committee also proposes amendments to forms 7.322 (Summons/Notice to Appear for Pretrial Conference), 7.340 (Final Judgment), and 7.343 (Fact Information Sheet),- and the addition of new forms 7.321 (Notice to Appear for Pretrial Conference/Mediation), 7.335 (Statement of Claim (For Return of Stolen Property)), and 7.350 (Corporate Authorization to Allow Employee to Represent Corporation at Any Stage of Lawsuit). As required by rule 2.130(c)(2), prior to submission to the Court, the proposed rule amendments were published in The Florida Bar News and on the internet website of The Florida Bar, and interested parties were invited to comment. Several comments were received by the Committee, but no changes were made to the proposals. After submission to the Court, the proposals were again published for comment, and several comments were received. After considering the comments and holding oral argument, we adopt a majority of the Committee’s proposals, with a limited number of exceptions and modifications as set out below.

AMENDMENTS

First, we decline to adopt the proposed amendment to rule 7.080(b), Service of Pleadings and Papers Other Than Statement of Claim. This proposed amendment would allow service of papers (except the initial claim and notice to appear) to be made by delivery to the clerk of court if the party’s address is not known. However, it fails to specify the consequence of such delivery. Neither the comments nor oral argument adequately resolved this uncertainty. Therefore, we decline to adopt this proposed rule change.

We also decline to adopt the proposed amendments to rule 7.090, Appearance; Defensive Pleadings; Trial Date. The proposed amendments to subdivisions (a) and (b) of rule 7.090 were proposed by the Supreme Court Committee on Alternative Dispute Resolution Rules and Policy (ADR Committee) in its comment filed with the Court. The Committee did not object to the suggested changes. The proposed amendment to subdivision (a) would have required, “Whoever appears for a party [at the pretrial conference] must have full authority to settle for all amounts from zero to the amount of the claim without further consultation.” The proposed amendment to subdivision (b) would have required that the summons/notice to appear specify that mediation may take place during the time scheduled for the pretrial conference. This proposal, if accepted, would conform the notice to appear to the proposed changes to subdivisions (a) and (f).

The proposed amendment to subdivision (f) would not only provide that “mediation may take place at pretrial conference,” it would also mandate that each party or their counsel have full authority to settle. And, of greatest concern, it would allow sanctions for failure to comply. These sanctions include costs, attorneys’ fees, entry of judgment, or dismissal. Among our concerns about this proposal is the impact it would have upon a party who must send counsel to such conferences on short notice without an adequate opportunity to fully prepare for settlement negotiations. Nonetheless, recognizing the importance of this effort at encouraging mediated settlement, we refer this proposed amendment back to the Committee for further consideration.

Next, we decline to adopt the Committee’s proposed amendments to form 7.322, Summons/Notice to Appear for Pretrial Conference. Having declined to adopt the proposed changes to rule 7.090, we also decline to adopt new form 7.321, Notice to Appear for Pretrial Conference/Mediation, as proposed by the ADR Committee, and agreed to by the Committee.

We adopt, as modified, new rule 7.175, Motions for Costs and Attorneys’ Fees, permitting motions for costs and attorneys’ fees if timely filed. In response to comments filed, we modify the language originally proposed by the Committee to reflect that a motion seeking costs or attorneys’ fees or both shall be served “no later than” thirty days after the judgment is filed. This change is consistent with changes to the Florida Rules of Civil Procedure which this Court has adopted in a separate opinion. In re Amendments to the Florida Rules of Civil Procedure, 917 So.2d 176 (Fla.2005).

We also adopt new form 7.335, Statement of Claim (For Return of Stolen Property). According to the report,

[t]he form is meant to allow for uniformity in the return of property that was stolen and then pawned, to be returned to the rightful owner even before the criminal case is disposed of. The committee believed that the rightful owner of the property should not be required to redeem his or her property by making any form of payment.

Form 7.340, Final Judgment, is amended, as proposed, to delete the reference to future interest rates. The amendment to the form is meant to put all parties on notice of the interest rate that should accrue on judgments.

New subdivision (b) is added to form 7.343, Fact Information Sheet. The new subdivision recognizes the distinction between a judgment entered against an individual and a judgment entered against a corporation.

Finally, we adopt new form 7.350, Corporate Authorization to Allow Employee to Represent Corporation at Any Stage of Lawsuit. This new form provides a mechanism for a corporation to authorize an individual to represent it in all trial proceedings. The form will provide written notice to all parties that the individual appearing at the pretrial and all subsequent proceedings has authority to act on behalf of the corporation.

We hereby adopt the amendments to the Florida Small Claims Rules as set forth in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments will become effective on January 1, 2006, at 12:01 a.m.

It is so ordered.

PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.

APPENDIX

RULE 7.175. MOTIONS FOR COSTS AND ATTORNEYS’ FEES

Any party seeking a judgment taxing costs or attorneys’ fees, or both, shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal. In the event of a default .judgment, no further motions are needed if costs or attorneys’ fees, or both, were sought in the statement of claim.

FORM 7.335. STATEMENT OF CLAIM (FOR RETURN OF STOLEN PROPERTY)

IN THE COUNTY COURT, IN AND

FOR_, COUNTY, FLORIDA

Plaintiff, CASE NO.:

vs.

Defendant/Pawnbroker.

STATEMENT OF CLAIM FOR RETURN OF PROPERTY

Plaintiff, _ sues defendant, _ and says:

1. This is an action for the return of stolen or misappropriated property pursuant to section 539.001, Florida Statutes.

2. Plaintiff is the owner of the following described property:

3.The above-described property was sto-

len or otherwise misappropriated from plaintiff on or about the _ day of _, 20.__ A copy of the law enforcement report outlining the theft/misappropriation is attached hereto and incorporated into this statement of claim.

4. The above-described property is currently in the possession of defendant and is located at a pawnshop as defined in section 539.001, Florida Statutes, the ad-dress_of_which is_

5. Plaintiff has complied with the procedural requirements of section 539.001, Florida Statutes. Specifically, plaintiff notified the pawnbroker of plaintiffs claim to the property:

by certified mail, return receipt requested, OR

_ in person evidenced by a signed receipt.

The notice contains a complete and accurate description of the purchased or pledged goods and was accompanied by a legible copy of the aforementioned police report regarding the theft or misappropriation of the property. No resolution between plaintiff and defendant pawnbroker could be reached within 10 days after the delivery of the notice.

WHEREFORE, the plaintiff demands judgment for the return of the property. Plaintiff further asks this court to award plaintiff the costs of this action, including reasonable attorneys’ fees.

Plaintiff (signature)

Name

Address

City, State, Zip code

Day telephone number

State of Florida

County of

The foregoing instrument was acknowledged before me on.(date)., by .. who is personally known to me or has produced . as identification and who .did/did not. take an oath.

WITNESS my hand and official seal, on .(date).

Notary Public, State of Florida

Note to Clerk of Court and to Sheriff: Pursuant to Section 539.001(15), filing fees and service fees shall be waived. Waiver does not require the filing of an affidavit of insolvency.

FORM 7.340. FINAL JUDGMENT

(CAPTION)

FINAL JUDGMENT . AGAINST (DEFENDANT(S)’S NAME)

It is adjudged that the plaintiff(s), ., recover from the defendants), ., the sum of $. on principal, $. as prejudgment interest, $.for attorneys’ fees, with costs of $., all of which shall bear interest at the rate of .... %for the- current-year and thereafter at the prevailing rate per year as provided for by Florida Statute, for all of which let execution issue.

ORDERED at ., Florida, on.(date).

County Court Judge

Copies furnished to:

PLAINTIFF(S)

DEFEND ANT(S)

Plaintiff(s)’s address:

Defendant(s)’s last known address and Social Security Number (if known):

(OPTIONAL ENFORCEMENT PARAGRAPH — TO BE INCLUDED UPON REQUEST PURSUANT TO RULE 7.221)

It is further ordered and adjudged that the defendant(s) shall complete Florida Small Claims Rules Form 7.343 (Fact Information Sheet) and return it to the plaintiffs attorney, or to the plaintiff if the plaintiff is not represented by an attorney, within 45 days from the date of this final judgment, unless the final judgment is satisfied or a motion for new trial or notice of appeal is filed.

Jurisdiction of this case is retained to enter further orders that are proper to compel the defendant(s) to complete form 7.343 and return it to the plaintiffs attorney,- or the plaintiff if the plaintiff is not represented by an attorney.

Committee Notes

1992 Amendment. The optional enforcement paragraph was added to facilitate discovery.

FORM 7.343. FACT INFORMATION SHEET

(a) For Individuals

(CAPTION)

. In addition to the amendments discussed above, there are also several editorial and housekeeping amendments as reflected in the appendix.