There has been an important change at the Post Office. The law has come to rely on the Post Office and its processes. There is one critical legality, known as "the Mail Box rule" that is of particular import, as described by the Legal Information Institute:
"the default rule in contracts law for determining when an offer was accepted. Under the mailbox rule, an offer is considered accepted the moment the offeree mails their letter, rather than when the offeror receives the letter in the mail."
But how would we ever know when a letter was mailed? That might be of interest in other settings. See Rule 60Q6.108 regarding "service" of pleadings. Because the workers' compensation discovery rules reference them specifically, it may also be beneficial to review the Florida Rules of Civil Procedure regarding discovery.
The Postal Service is changing (changed last December). Its old rule had it "cancel" your postage stamp with a "postmark" that had a date included. That date reflected the day you mailed the letter. A "postmark" had a somewhat venerated standing in the law and litigation. But, that day is ending. The rules are changing.
The United States has long had a storied mail system. Over time, it has had its doubters, see Neither Rain (September 2025). One of my first blog posts was Will the Postal Service be our Model for Reform? (August 2014)(it is humbling to think I have been rambling here for over a decade).
There have been various criticisms over the years, with delivery delays, price increases, and other complications. That said, for less than a dollar, they will pick up paper from wherever you are and deliver it to wherever you want, thousands of miles distant, or next door. It is somewhat amazing. Despite this, there can be delays. USA Today reported in 2024 on a letter that took over 80 years to be delivered. Interesting? Yes. Uncommon? Yes.
The so-called "Mailbox Rule" has spread into more than contracts. It may be of import in Florida Appellate proceedings. In re Amends. to Fla. Rules of App. Proc., 183 So. 3d 245, 266 (Fla. 2014). And a variety of other instances may require mail. See e.g., sections 440.15(4)(b), 440.185(3). 440.185(7)("if it is postmarked and mailed"), 440.192(1) and (8), 440.25(1) and (4). And, the Florida Supreme Court has concluded that delivery to others may satisfy it, in limited circumstances. See Griffin v. Sistuenck, 816 So. 2d 600 (Fla. 2002).
A quick search of Florida law found references to postmarks in dozens of appellate decisions on topics from elections to unemployment compensation to auto insurance. There is mention of the word "postmark" in various rules and statutes.
The new rule, reported by only a few news providers as yet, will refine the meaning of "postmark." From now on, that date it prints on your mail will "mean the date that the USPS processes the item." What if there is delay in processing? What if there is a dispute about when something was mailed, or received, or opened, or ignored? CNN published about stored mail during the pandemic.
There will be some who see a falling sky in this new regulation and definition. But, there is some practical advice available. The critical point is that proof of mailing remains available, but the cost (in time or dollars) has increased.
Some thoughts:
- You can take your mail to the U.S. Post Office (time). There are clerks there who can manually acknowledge your mail. People have done this for years with particular mail. But just because they can does not mean they will. Postal clerks have much to do and long lines can be troublesome. (CBIZ suggests if they are unwilling because they say they are too busy, "present ... at a post office retail counter and pay for the postage at the retail counter."
- You can send your mail with a certificate of mailing (fees apply). This will likewise involve going to the U.S. Post Office (time) and standing in line. "Proof of mail confirms only that a piece of mail was accepted by the post office on a certain date."
- You can send your mail with a request for proof of delivery (fees apply), called Return Receipt. Again, this will require time.
- You may choose to rely on your own postmark, using your own postage meter. Noting the Postal Service mark is more accurate, there is authority for the effect of your meter mark. JPMorgan Chase Bank, Nat. Ass'n v. Bigley, 120 So. 3d 1265 (Fla. 3rd DCA 2013)(some may see similarity with Griffin). Note that having a private meter also involves expense.
- In some instances, you might rely instead on a package service that provides tracking and proof of delivery services.
In terms of legal proceedings, care and attention to rules and statutes may be critical in any decision regarding options. The care and attention advice is commended. Furthermore, change is not new. See Evolution and Recognition (January 2019) and Nero May be Fiddling (April 2017). There is no singular "answer" regarding reaction to the new Postal Service rule and definition.
In large part, the age of e-service will mean that few pages are transmitted with envelopes, stamps, and trucks anyway. But, particularly with the unrepresented, see Pro Se (January 2026). Lawyers, litigants, and businesses are going to have to think about the delivery of mail, their need for proof of mailing, and adjust and adapt to the new rule accordingly.
