To use Florida’s Waiver of Service of Summons, fill in the court name, case number, and party names on Form 1.906 exactly as they appear on the filed complaint, then mail two copies of the form to the defendant along with Form 1.905, a copy of the complaint, and a prepaid return envelope by certified or registered mail. The defendant signs one copy of Form 1.906 and returns it; the plaintiff files the signed waiver with the clerk, and the case proceeds as though a summons had been served. The process is governed by Florida Rule of Civil Procedure 1.070(i), most recently amended effective April 1, 2025.
What Goes on Form 1.906
Form 1.906 is titled “Waiver of Service of Summons.” The plaintiff prepares the top of the form before sending it; the defendant only fills in the signature block.
The plaintiff completes these fields:
- The name of the circuit or county court where the complaint was filed.
- The case number assigned by the clerk.
- The full party names, spelled the same way as the complaint’s caption.
The defendant’s portion is a signature line, a printed name, and a date. By signing, the defendant confirms receipt of the complaint, two copies of the waiver, and a prepaid means to return the signed form.1Supreme Court of Florida. Florida Rules of Civil Procedure 1.070 – Section: FORM 1.902. SUMMONS
Prepare two copies of Form 1.906 with the header information filled in. The defendant signs one and returns it. The other stays with the defendant for their records.
Both Form 1.906 and its companion, Form 1.905 (“Notice of Lawsuit and Request to Waive Service of Summons”), are available through the Florida Courts website and from the clerk of court in the county where the case was filed.2Florida Courts. Filing Your Forms
What Form 1.905 Must Say
Form 1.905 is the cover notice that travels with the waiver. It tells the defendant a lawsuit exists and asks them to waive formal service. Fill in the same court name, case number, and party names, then address the notice to the defendant directly if they are an individual, or to an officer, managing agent, general agent, or another agent authorized to accept service if the defendant is a business entity.3The Florida Bar. Amendments to Florida Rules of Civil Procedure 1.070
The rule also requires the notice to state the date on which the request is sent.3The Florida Bar. Amendments to Florida Rules of Civil Procedure 1.070 The standard template includes the language explaining the consequences of signing or refusing. Verify that the version you are using matches the current rule before mailing.
Assembling the Waiver Package
The package sent to the defendant must contain every one of these items. If anything is missing, the request is defective and the defendant has no duty to respond.
- Completed Form 1.905.
- Two copies of Form 1.906 with the header filled in.
- A copy of the filed complaint.3The Florida Bar. Amendments to Florida Rules of Civil Procedure 1.070
- A prepaid means to return the signed waiver. A stamped, self-addressed envelope is the usual choice.
Send the package by U.S. certified mail with return receipt requested, or by registered mail as defined in Florida Statutes section 1.01. That definition also covers private delivery services that provide proof of mailing and proof of delivery.4Supreme Court of Florida. In Re Amendments to Florida Rules of Civil Procedure Regular first-class mail does not satisfy the rule. The return receipt or delivery confirmation becomes your proof of the date the defendant received the package, which is the date the clock starts running.
How Long the Defendant Has to Return It
A defendant located within the United States has 20 days from the date of receipt to sign and return Form 1.906. A defendant located outside the United States has 30 days from receipt.3The Florida Bar. Amendments to Florida Rules of Civil Procedure 1.070
If the defendant does not return the signed waiver within that window, the plaintiff can move forward with formal service by a sheriff or private process server. The court must then impose the costs of that formal service on the defendant unless the defendant shows good cause for failing to return the waiver.5Supreme Court of Florida. In Re Amendments to Florida Rules of Civil Procedure – SC2024-0774 Sheriff’s fees for serving a summons start at $40 per attempt and rise if multiple attempts are needed.6The Florida Senate. Florida Code 30.231 – Sheriffs Fees for Service of Summons, Subpoenas, and Executions Private servers often charge more.
What Signing the Waiver Does and Does Not Do
Signing Form 1.906 means one thing only: the defendant agrees that a process server does not need to hand-deliver the summons. It is not an admission of any allegation in the complaint, and it does not surrender any defense. Accepting service by mail does not waive an objection to personal jurisdiction or to venue.3The Florida Bar. Amendments to Florida Rules of Civil Procedure 1.070 A defendant who believes the case is in the wrong court can still raise that argument after returning the waiver.
Defendants who timely return the waiver also get a longer window to answer. Rule 1.070(i)(4) gives them 60 days from the date they received the waiver request to file a responsive pleading or motion.7Supreme Court of Florida. SC22-1715 Opinion
Filing the Signed Waiver
Once the signed Form 1.906 comes back, file it with the clerk of court. Most filers use the Florida Courts E-Filing Portal, which accepts filings at any hour.8Florida Courts E-Filing Authority. Florida Courts E-Filing Portal Filing in person at the clerk’s office in the county where the case was filed is also an option.2Florida Courts. Filing Your Forms
When the clerk accepts the waiver, the case proceeds as if the summons and complaint had been formally served on the date the waiver was filed. No separate proof of service is required.5Supreme Court of Florida. In Re Amendments to Florida Rules of Civil Procedure – SC2024-0774
When the Waiver Cannot Be Used
Florida law requires formal service in some situations, and Form 1.906 will not work. Minors must be served through a parent, guardian, or court-appointed guardian ad litem. Incompetent persons must be served through a custodian or guardian, with two copies of the process delivered to that person.9The Florida Senate. Florida Code Chapter 48 – Process and Service of Process These defendants cannot waive service on their own behalf.
For a business defendant, the waiver request must be addressed to a named officer, a managing or general agent, or another agent authorized by law or appointment to accept service. Addressing it to the company generally, or to a random employee at the company’s address, does not satisfy the rule.
Mistakes That Void a Waiver Request
- Sending the package by regular mail. The rule requires certified or registered mail. Anything less makes the request defective.
- Leaving out the complaint. Without it, the defendant has no obligation to sign.
- Omitting the prepaid return envelope. If the defendant has to pay postage to send the waiver back, the request does not comply.
- Addressing a business entity generally rather than to a named officer or authorized agent.
- Counting the 20-day or 30-day deadline from the mailing date instead of the receipt date. The return receipt sets the correct start date.
Getting the package right the first time is the point of using the waiver at all. A defective request forces the plaintiff back into formal service, which is the cost and delay the waiver exists to avoid.