Fla. Sm. Cl. R. 7.090

(a) Appearance. On the date and time appointed in the

summons/notice to appear, the plaintiff and defendant must

appear personally or by counsel, subject to subdivision (b). Such

appearance may be in person or through the use of communication

technology under Florida Rule of General Practice and Judicial

Administration 2.530.

(b) Summons/Notice to Appear; Pretrial Conference. The

summons/notice to appear shall specify that the initial appearance

shall be for a pretrial conference. The initial pretrial conference

shall be set by the clerk not more than 50 days from the date of the

filing of the action. In the event the summons/notice to appear is

non-served and the return of service is filed 5 days before the

pretrial conference, the pretrial conference shall be canceled by the

court as to any non-served party. The plaintiff may request a new

summons/notice to appear and include a new initial appearance

date for the pretrial conference. The pretrial conference may be

managed by nonjudicial personnel employed by or under contract

with the court. Nonjudicial personnel must be subject to direct

oversight by the court. A judge must be available to hear any

motions or resolve any legal issues. At the pretrial conference, all of

the following matters shall be considered:

(1) The simplification of issues.

(2) The necessity or desirability of amendments to the

pleadings.

(3) The possibility of obtaining admissions of fact and

of documents that avoid unnecessary proof.

(4) The limitations on the number of witnesses.

(5) The possibilities of settlement.

(6) Such other matters as the court in its discretion

deems necessary.

Form 7.322 shall and form 7.323 may be used in conjunction

with this rule.

(c) Defensive Pleadings. Unless required by order of court,

written pretrial motions and defensive pleadings are not necessary.

If filed, copies of such pleadings shall be served on all other parties

to the action at or prior to the pretrial conference or within such

time as the court may designate. The filing of a motion or a

defensive pleading shall not excuse the personal appearance of a

party or attorney on the initial appearance date (pretrial

conference).

(d) Trial Date. The court shall set the case for trial not more

than 60 days from the date of the pretrial conference. Notice of at

least 10 days of the time of trial shall be given. The parties may

stipulate to a shorter or longer time for setting trial with the

approval of the court. This rule does not apply to actions to which

chapter 51, Florida Statutes, applies.

(e) Waiver of Appearance at Pretrial Conference. Where

all parties are represented by an attorney, counsel may agree to

waive personal appearance at the initial pretrial conference, if a

written agreement of waiver signed by all attorneys is presented to

the court prior to or at the pretrial conference. The agreement shall

contain a short statement of the disputed issues of fact and law, the

number of witnesses expected to testify, an estimate of the time

needed to try the case, and any stipulations of fact. The court shall

forthwith set the case for trial within the time prescribed by these

rules.

(f) Appearance at Mediation; Sanctions. In small claims

actions, an attorney may appear on behalf of a party at mediation if

the attorney has full authority to settle without further

consultation. Unless otherwise ordered by the court, a nonlawyer

representative may appear on behalf of a party to a small claims

mediation if the representative has the party’s signed written

authority to appear and has full authority to settle without further

consultation. In either event, the party need not appear. Mediation

may take place at the pretrial conference. Whoever appears for a

party must have full authority to settle. Appearance at the

mediation may be in person or, if authorized by the court or by

written stipulation of the parties, through the use of communication

technology as that term is defined in Florida Rule of General

Practice and Judicial Administration 2.530. Failure to comply with

this subdivision may result in the imposition of costs and attorney

fees incurred by the opposing party.

(g) Agreement. Any agreements reached as a result of small

claims mediation must be written in the form of a stipulation. The

stipulation may be entered as an order of the court. Signatures for

the stipulation may be original, electronic, or facsimile and may be

in counterparts.