Florida Civil Procedure:CH48 7/16/2024

Questions and Answers

In which county must all process be served, except for nonenforceable civil process, criminal witness subpoenas, and criminal summonses?

The county where the court is located

The county where the plaintiff resides

The county where the person to be served is found (correct)

Any county in the state

What type of process server may serve civil witness subpoenas?

A special process server appointed by the sheriff

Any person authorized by rules of civil procedure (correct)

A certified process server

A deputy sheriff

What is a requirement to become a special process server?

Be at least 21 years of age

Be a permanent resident of the state (correct)

Have a master's degree

Have a record of a felony conviction

What must a person applying to become a special process server submit to?

A background investigation Signup and view all the answers

What type of certificate must a special process server obtain and file with their application?

Certificate of good conduct Signup and view all the answers

How often must a special process server be recertified and reappointed by the sheriff?

Annually Signup and view all the answers

What is a requirement for a person to be added to the approved list of special process servers?

They must have no mental or legal disability Signup and view all the answers

What is a limitation on serving process, except for subpoenas?

Process must be directed to all and singular the sheriffs of the state Signup and view all the answers

What is the minimum frequency at which the sheriff must offer an examination for special process servers?

Once annually Signup and view all the answers

What is the consequence of a special process server willfully and knowingly executing a false return of service?

He or she will be permanently barred from serving process in Florida Signup and view all the answers

Who is authorized to serve process in only the county in which the sheriff who appointed him or her resides?

A special process server Signup and view all the answers

What is the purpose of the program instituted by the sheriff?

To monitor the performance of special process servers Signup and view all the answers

What is the requirement for an applicant to become a special process server?

Submit to an examination testing the applicant's knowledge of the laws and rules regarding the service of process Signup and view all the answers

What is the consequence of an employer failing to comply with the requirement to allow an individual authorized to serve process to serve an employee?

A fine of up to $1,000 Signup and view all the answers

What is the purpose of the identification card issued to a special process server?

To prove the server's identity Signup and view all the answers

How often must an identification card be renewed?

Annually Signup and view all the answers

What is the requirement for serving an employer's employee?

The employer must allow the authorized individual to serve the employee in a private area Signup and view all the answers

What is the discretion given to the sheriff?

To revoke an appointment at any time Signup and view all the answers

When can substituted service on the spouse of the person to be served be made?

At any place in a county, if the spouse requests such service or the spouse is also a party to the action, and the spouse and person to be served reside together Signup and view all the answers

How can a witness subpoena be served on a law enforcement officer or a federal, state, or municipal employee called to testify in an official capacity in a criminal case?

By either delivery to a designated supervisory or administrative employee or as provided in subsection (1) Signup and view all the answers

When can a criminal witness subpoena commanding the witness to appear for a deposition be posted by a person authorized to serve process at the witness's residence?

If one attempt to serve the subpoena has failed Signup and view all the answers

Who is responsible for mailing the subpoena and making the proper return of service to the court in accordance with subsection (3)?

The person who requests the issuance of the criminal witness subpoena Signup and view all the answers

What information must a person serving process place on the first page of at least one of the processes served?

The date and time of service, the person's initials or signature, and, if applicable, their identification number Signup and view all the answers

What is the minimum number of days' notice required for a witness to appear in response to a subpoena served by United States mail in a civil traffic case?

7 days Signup and view all the answers

When can substituted service on an individual doing business as a sole proprietorship be made?

At their place of business, during regular business hours, by serving the person in charge of the business Signup and view all the answers

Who is required to file the return-of-service form with the court?

The person requesting service Signup and view all the answers

What is the condition for a criminal witness subpoena commanding the witness to appear for a court appearance to be posted by a person authorized to serve process at the witness's residence?

If three attempts to serve the subpoena, made at different times of the day or night on different dates, have failed Signup and view all the answers

What is the deadline for mailing a subpoena in a civil traffic case, a criminal traffic case, a misdemeanor case, or a second degree or third degree felony?

At least 7 days prior to the date of the witness's required appearance Signup and view all the answers

Where can process be served on a person who maintains a private mailbox, virtual office, or executive office or mini suite?

With the person in charge of the private mailbox, virtual office, or executive office or mini suite Signup and view all the answers

What type of office provides communications services, such as telephone or facsimile services, and address services without providing dedicated office space?

Virtual office Signup and view all the answers

Who must grant unannounced entry into a gated residential community for a person attempting to serve process?

The condominium association or cooperative Signup and view all the answers

How can process be served on a minor who has never been married?

By serving a parent or guardian of the minor Signup and view all the answers

What must be served on a guardian ad litem or other person appointed by the court to represent a minor or incompetent?

Two copies of the process Signup and view all the answers

Who must be served process on behalf of an incompetent?

The person who has care or custody of the incompetent Signup and view all the answers

How is process served on a state prisoner?

Directly on the prisoner Signup and view all the answers

What is the purpose of serving process on a person?

To notify them of a lawsuit or court proceeding Signup and view all the answers

Why is substituted service allowed in certain circumstances?

To make it easier to serve process on a person who is difficult to locate Signup and view all the answers

What is the result of serving process on a minor or incompetent in accordance with the law?

The service is considered valid Signup and view all the answers

What happens if a foreign limited liability partnership is not registered but is engaging in business in this state?

It is considered a nonresident engaging in business in this state and may be served pursuant to s. 48.181 Signup and view all the answers

Where can process be served on a domestic limited liability company or registered foreign limited liability company?

On the registered agent, a manager, a member, or a person listed publicly on the latest annual report Signup and view all the answers

What can happen if a domestic limited liability company or registered foreign limited liability company ceases to have a registered agent?

Process may be served on the Secretary of State as an agent Signup and view all the answers

Under what circumstances can process be served on the Secretary of State as an agent of a domestic limited liability company or registered foreign limited liability company?

Only after due diligence has been attempted on other persons Signup and view all the answers

What happens if, after due diligence, process cannot be completed under subsection (2) and only one person is listed publicly on the latest annual report?

Process can be served on the Secretary of State as an agent Signup and view all the answers

What is required to serve process on a foreign limited liability partnership that was required to comply with s. 620.9102?

Service can be made as prescribed under subsection (2) Signup and view all the answers

What happens if a foreign limited partnership is not registered but is engaging in business in this state?

It is considered a nonresident engaging in business in this state and may be served pursuant to s. 48.181 or by order of the court under s. 48.102 Signup and view all the answers

Under what circumstances can process be served by order of the court under s. 48.102?

In cases involving foreign limited liability partnerships or limited partnerships that are not registered Signup and view all the answers

What is the requirement for serving process on a domestic limited liability company or registered foreign limited liability company?

Due diligence must be attempted on other persons before serving the Secretary of State Signup and view all the answers

What happens if a domestic limited liability company or registered foreign limited liability company fails to comply with chapter 605?

Process may be served on the Secretary of State as an agent Signup and view all the answers

What is the valid way to serve process on a partnership that is not a limited liability partnership or a limited partnership?

Serving any partner and is as valid for service on the partnership as if served on each individual partner Signup and view all the answers

What happens if a partner is not available during regular business hours to accept service on behalf of the partnership?

The partner may designate an employee or agent to accept such service Signup and view all the answers

What is the effect of serving process on a registered agent of a domestic limited liability partnership?

The process is as valid for service on the limited liability partnership as if served on each individual partner Signup and view all the answers

What happens if service cannot be made on the registered agent of a domestic limited liability partnership?

The process may be served on the Secretary of State as an agent of the limited liability partnership or by order of the court Signup and view all the answers

What is the effect of serving process on a general partner of a domestic limited partnership?

The process is as valid for service on the domestic limited partnership as if served on each individual general partner Signup and view all the answers

What happens if service cannot be made on the registered agent of a domestic limited partnership?

The process may be served on any general partner Signup and view all the answers

What is the limitation on proceeding to judgment and execution against the assets of a domestic limited partnership?

The plaintiff may proceed against the assets of the domestic limited partnership or of that general partner, unless the domestic limited partnership is a limited liability limited partnership Signup and view all the answers

Who can accept service on behalf of a partnership if a partner is not available during regular business hours?

A designated employee or agent Signup and view all the answers

What is the effect of serving process on a person in charge of the partnership during regular business hours?

The process is as valid for service on the partnership as if served on each individual partner Signup and view all the answers

What happens if a domestic limited liability partnership ceases to have a registered agent?

The process may be served on any partner Signup and view all the answers

Where can service on a domestic limited liability company or registered foreign limited liability company be made if the address on the latest annual report is a residence, private mailbox, virtual office, or executive office or mini suite?

On the registered agent, any person listed publicly, or any member or manager Signup and view all the answers

How can a foreign limited liability company engaging in business in this state, but not registered, be served?

Pursuant to s. 48.181 or by order of the court under s. 48.102 Signup and view all the answers

Who can be served with process in accordance with s. 48.031 when a domestic limited liability company or registered foreign limited liability company has an address that is a residence, private mailbox, virtual office, or executive office or mini suite?

The registered agent, any person listed publicly, or any member or manager Signup and view all the answers

When can service on agents of nonresidents doing business in the state be made?

When the nonresident person or partnership engages in business in this state Signup and view all the answers

What must be sent forthwith to the nonresident person or partnership when service is made on the person in charge of the business?

A copy of the process with a notice of service Signup and view all the answers

How can a copy of the process with a notice of service be sent to the nonresident person or partnership?

By registered mail or certified mail, return receipt requested Signup and view all the answers

What must be filed by the party seeking to effectuate service or the attorney for such party?

An affidavit of compliance Signup and view all the answers

What type of corporation can be served with process in accordance with s. 48.081?

A domestic corporation or a registered foreign corporation Signup and view all the answers

Who is designated by the corporation to receive service of process under chapter 607 or chapter 617?

The registered agent Signup and view all the answers

What is the term used in s. 48.081 to describe a foreign corporation that has an active certificate of authority to transact business in this state?

Registered foreign corporation Signup and view all the answers

What type of entities are required to designate a registered agent and registered office?

All domestic and foreign business entities Signup and view all the answers

During what hours must the registered office be kept open?

From 10 a.m. to 12 noon each day, except Saturdays, Sundays, and legal holidays Signup and view all the answers

Who may be served with process if a natural person is temporarily absent from their office?

Any employee of the natural person Signup and view all the answers

What must the registered agent do with copies of process and other papers received in connection with service?

Forward them to the business entity Signup and view all the answers

How must process be served on a financial institution?

In accordance with s. 655.0201 Signup and view all the answers

Against whom must process be served in the case of a dissolved corporation that was dissolved before July 1, 1990?

One or more of the directors of the dissolved corporation as trustees thereof Signup and view all the answers

What is an additional option for serving process if service was first properly attempted on the registered agent but was not successful?

Service on the person appointed by the circuit court as the trustee, custodian, or receiver Signup and view all the answers

What is the consequence of failure to comply with the requirement to cause the registered agent to keep the registered office open?

The service of process is not invalidated Signup and view all the answers

Who is responsible for serving process on a dissolved domestic corporation?

In accordance with s. 48.081 Signup and view all the answers

What type of business entity is not required to designate a registered agent and registered office?

None of the above Signup and view all the answers

What is the procedure for serving process against a dissolved domestic for-profit corporation?

By petitioning the court to appoint one of the persons specified in s. 607.1405(6) to receive service of process Signup and view all the answers

How must process be served against a dissolved domestic limited liability company?

In accordance with s. 48.062 Signup and view all the answers

What is the alternative method of service if personal service of process cannot be effectuated?

Service by e-mail or other technology Signup and view all the answers

If service cannot be made on a registered agent of a domestic corporation or registered foreign corporation because it ceases to have a registered agent, who can the process be served on?

The chair of the board of directors, the president, any vice president, the secretary, or the treasurer of the domestic corporation or registered foreign corporation Signup and view all the answers

Who can serve process against a municipal corporation, agency, board, or commission?

The registered agent Signup and view all the answers

What happens if, after due diligence, the process cannot be completed on a person listed publicly by the domestic corporation or registered foreign corporation on its latest annual report?

The process can be served on the Secretary of State as an agent of the domestic corporation or registered foreign corporation Signup and view all the answers

What is the procedure for serving process against a dissolved domestic limited partnership?

In accordance with s. 48.061 Signup and view all the answers

What is the purpose of the court authorizing service in any other manner?

To ensure that the entity is given actual notice of the suit Signup and view all the answers

What type of corporation engaging in business in this state is considered, for purposes of service of process, a nonresident engaging in business in this state?

Foreign corporation not registered in this state Signup and view all the answers

What is the requirement for serving process on a governmental entity?

Service must be made on the registered agent Signup and view all the answers

Who can service of process be made on if the address for the registered agent or any person listed publicly by the domestic corporation or registered foreign corporation on its latest annual report is a residence?

Any person serving in one of the positions specified in paragraph (3)(a) of the statute Signup and view all the answers

What is the consequence of a party failing to effectuate service of process?

The court will authorize service in any other manner Signup and view all the answers

What does not apply to service of process on?

Insurance companies Signup and view all the answers

What is the term for a foreign limited liability partnership or foreign limited partnership that has an active certificate of authority to transact business in this state?

Registered foreign limited liability partnership or registered foreign limited partnership Signup and view all the answers

What is the purpose of serving process on a person?

To notify the person of the lawsuit Signup and view all the answers

What does the term 'registered foreign corporation' have the same meaning as in?

Section 48.081 Signup and view all the answers

Why is substituted service allowed in certain circumstances?

Because it ensures that the entity is given actual notice of the suit Signup and view all the answers

What is the term for a foreign corporation that has an active certificate of authority to transact business in this state pursuant to a record filed with the Department of State?

Registered foreign corporation Signup and view all the answers

What is the consequence if, after due diligence, the process cannot be completed under subsection (2) and if either the only person listed publicly is also the registered agent or service was attempted on at least one person listed publicly and cannot be completed on such person?

The process can be served on the Secretary of State as an agent of the domestic corporation or registered foreign corporation Signup and view all the answers

What type of service of process may be made if the address for the registered agent or any person listed publicly by the domestic corporation or registered foreign corporation on its latest annual report is a residence, a private mailbox, a virtual office, or an executive office or mini suite?

Service on any person serving in one of the positions specified in paragraph (3)(a) Signup and view all the answers

When serving process on a public agency, board, commission, or department not having a governing board or commission, who should be served?

The public officer being sued Signup and view all the answers

Who is the agent for service of process on all insurers applying for authority to transact insurance in this state?

The Chief Financial Officer Signup and view all the answers

In a suit where the Department of Revenue or its successor is a party, process against the department shall be served on?

The executive director of the department Signup and view all the answers

What is the purpose of creating a secure online portal by the Department of Financial Services?

To accept service of process on the Chief Financial Officer Signup and view all the answers

Who is the agent for service of process for any retailer, dealer, or vendor who has failed to designate an agent for service of process as required under s. 212.151?

The Secretary of State Signup and view all the answers

When the state has consented to be sued, process against the state shall be served on?

The state attorney or an assistant state attorney for the judicial circuit Signup and view all the answers

In every action or proceeding involving real, personal, or mixed property, when service of process or notice is required, what additional step must be taken?

Send a copy of the notice or process to the alien property custodian Signup and view all the answers

What is the method of substituted service of process on a nonresident individual or corporation under s. 48.161?

All of the above Signup and view all the answers

Who is the agent for service of process for any issuer as defined in s. 517.021, or any dealer, investment adviser, or associated person registered with the Office of Financial Regulation?

The Director of the Office of Financial Regulation Signup and view all the answers

Process against labor organizations shall be served on?

The president or other officer Signup and view all the answers

When any law designates a public officer, board, agency, or commission as the agent for service of process, what must be done?

All of the above Signup and view all the answers

What is the requirement for records retained under this section?

They may be retained as paper or electronic copies Signup and view all the answers

What is the purpose of sending a copy of the process to the public officer, board, agency, or commission?

To allow the public officer, board, agency, or commission to serve the person to be served Signup and view all the answers

Who keeps a record of all process served on the Secretary of State?

The Secretary of State Signup and view all the answers

What is the purpose of the notice accepting service issued by the public officer, board, agency, or commission?

To state the date upon which the copy of the process was mailed by the public officer, board, agency, or commission to the person being served Signup and view all the answers

What must be sent forthwith by the party effectuating service or by such party's attorney?

Notice of service and a copy of the process Signup and view all the answers

What is the effect of failure to mail a copy of the notice or process to the alien property custodian?

The failure to mail the copy does not invalidate the action or proceeding Signup and view all the answers

What is the consequence of a party is actively refusing or rejecting the delivery of the notice?

The party effectuating service must file proof of service or return receipts Signup and view all the answers

What is the purpose of serving process on a person?

All of the above Signup and view all the answers

What is the purpose of substituted service under s. 48.161?

To allow service of process on a nonresident individual or corporation Signup and view all the answers

Who constitute an agent for the service of process in any civil action begun in the courts of the state?

The Secretary of State Signup and view all the answers

What is the condition for a nonresident motor vehicle owner to be considered an agent for service of process?

The owner must have operated a motor vehicle in the state Signup and view all the answers

What is the relevance of the Secretary of State in relation to service of process for nonresident motor vehicle owners?

The Secretary of State is the agent for service of process for nonresident motor vehicle owners Signup and view all the answers

What is the purpose of constituting the Secretary of State as an agent for service of process?

To enable service of process in any civil action begun in the courts of the state against nonresident motor vehicle owners Signup and view all the answers

What type of motor vehicle owner is included in the provision of constituting the Secretary of State as an agent for service of process?

Both resident and nonresident motor vehicle owners Signup and view all the answers

What is the consequence of a nonresident motor vehicle owner operating a motor vehicle in the state?

The owner constitutes the Secretary of State as an agent for service of process Signup and view all the answers

Within how many days after the date of service on the Secretary of State must an affidavit of compliance be filed?

40 days Signup and view all the answers

What is considered as exercising due diligence in attempting to locate and effectuate personal service on the party?

Making diligent inquiry and exerting an honest and conscientious effort appropriate to the circumstances to acquire the information necessary to effectuate personal service Signup and view all the answers

What happens when an individual or a business entity conceals its whereabouts?

The party seeking to effectuate service may use substituted service Signup and view all the answers

What is required to be filed when service of process is authorized under subsection (1)?

An affidavit of compliance Signup and view all the answers

Who maintains a record of each process served and records the time of and the action taken regarding the service?

The Department of State Signup and view all the answers

When is service of process effectuated under this section?

When the service is received by the Department of State Signup and view all the answers

What is not applicable under this section?

Persons on whom service is authorized under s. 48.151 Signup and view all the answers

What happens if any individual on whom service of process is authorized under subsection (1) dies?

Service can be made on his or her administrator, executor, curator, or personal representative Signup and view all the answers

Who may designate an individual in their office to accept service?

The Secretary of State Signup and view all the answers

When can substituted service be used?

When the individual or business entity has concealed its whereabouts Signup and view all the answers

What is the definition of a 'foreign business entity'?

Any corporation or business entity incorporated, formed, or existing under the laws of any other state, territory, or commonwealth, or the laws of any foreign country Signup and view all the answers

What is the effect of a foreign business entity accepting the privilege of operating, conducting, engaging in, or carrying on a business or business venture in this state?

The foreign business entity is deemed to have appointed the Secretary of State as its agent for service of process Signup and view all the answers

What must be done before serving process on a foreign business entity in accordance with this chapter?

Personal service of process must first be attempted on the registered agent of the foreign business entity Signup and view all the answers

What is the significance of a foreign business entity maintaining its registration in an active status?

The foreign business entity is required to have a registered agent for service of process Signup and view all the answers

What is the consequence of a foreign business entity failing to register or maintain its registration in the state of Florida while engaging in business in the state?

The foreign business entity is subject to penalties and fines for non-compliance Signup and view all the answers

What is the consequence if a party conceals its whereabouts?

The party will be deemed to have appointed the Secretary of State as its agent. Signup and view all the answers

What is the purpose of substituted service of process on a foreign business entity?

To provide a means of service of process when the foreign business entity cannot be personally served Signup and view all the answers

How can a landlord serve process on a tenant who cannot be found in the county?

By attaching a copy to a conspicuous place on the property described in the complaint or summons. Signup and view all the answers

What is required for service of process on a foreign business entity that sells or leases tangible or intangible personal property in the state?

The entity is conclusively presumed to be operating a business in the state. Signup and view all the answers

What is the effect of a foreign business entity registering to do business in the state of Florida?

The foreign business entity is required to have a registered agent for service of process Signup and view all the answers

What is the significance of a foreign business entity having a registered agent in the state of Florida?

The registered agent is authorized to accept service of process on behalf of the foreign business entity Signup and view all the answers

What is the minimum time delay between the two attempts to obtain service on a tenant?

6 hours Signup and view all the answers

When can a landlord serve process on a tenant by attaching a copy to a conspicuous place on the property?

If the tenant cannot be found in the county. Signup and view all the answers

What is the purpose of service of process under section 48.183?

To initiate an action for possession of premises. Signup and view all the answers

What happens if a foreign limited liability partnership is not registered but is engaging in business in the state?

The partnership will be deemed to have appointed the Secretary of State as its agent. Signup and view all the answers

What is the requirement for service of process on a domestic limited liability company or registered foreign limited liability company?

The company must have a registered agent in the state. Signup and view all the answers

What happens if a domestic limited liability company or registered foreign limited liability company fails to comply with chapter 605?

The company will be deemed to have appointed the Secretary of State as its agent. Signup and view all the answers

Under what circumstances can process be served on the Secretary of State as an agent of a domestic limited liability company or registered foreign limited liability company?

If the company fails to comply with chapter 605. Signup and view all the answers

When is a summons issued in the name of 'Unknown Party or Parties in Possession'?

When the name of an occupant or occupants of real property is not known to the plaintiff and the property may be or is known to be occupied by an unknown party. Signup and view all the answers

How many attempts must be made to serve the summons on an unknown occupant or occupants?

Three attempts: one during business hours, one during nonbusiness hours, and one during a weekend. Signup and view all the answers

What must the return of service note?

The name of every occupant if obtained by the process server or state that the name of the occupant or occupants could not be obtained after inquiry. Signup and view all the answers

What must be done with the summons and complaint after issuance?

The summons and complaint are served on the unknown occupant or occupants by both attaching a copy to a conspicuous location on the premises and mailing a copy by first-class mail. Signup and view all the answers

When is service on an unknown occupant or occupants effective?

On the later of the date that personal service is made, the date of attaching the summons and complaint to a conspicuous location on the premises, or upon mailing by the clerk. Signup and view all the answers

How must the judgment and writ of possession refer to an unknown occupant in possession?

By the name 'Unknown Party or Parties in Possession' if the name of the unknown occupant is not shown on the return of service. Signup and view all the answers

What happens if the name of an occupant becomes known to the plaintiff through the return of service or otherwise?

All subsequent proceedings must be conducted under the true name of such occupant and all prior proceedings are deemed amended accordingly. Signup and view all the answers

What constitutes an appointment by a nonresident of the Secretary of State as their agent?

Operating an aircraft or watercraft in the state Signup and view all the answers

What is the purpose of the clerk mailing a copy of the summons and complaint by first-class mail?

To serve the unknown occupant or occupants. Signup and view all the answers

What must the process server do at the time of service?

Make an inquiry as to the name of the unknown occupant or occupants. Signup and view all the answers

Which of the following acts subjects a person to the jurisdiction of the courts of this state?

Operating a business or business venture in this state Signup and view all the answers

What is the consequence of the writ of possession being executed by the sheriff?

The plaintiff is placed in possession of the property. Signup and view all the answers

In which situation can substituted service be made?

When the person to be served is evading service Signup and view all the answers

What is required for a person to be subject to the jurisdiction of the courts of this state?

Engaging in a business or business venture in the state Signup and view all the answers

What is the consequence of a nonresident breaching a contract in this state?

The nonresident is subject to the jurisdiction of the courts of this state Signup and view all the answers

When can a person be considered to have submitted themselves to the jurisdiction of the courts of this state?

When they commit a tortious act within the state Signup and view all the answers

What is required for a foreign limited liability partnership to be subject to the jurisdiction of the courts of this state?

Engaging in business in the state Signup and view all the answers

What happens if a domestic limited liability company or registered foreign limited liability company fails to comply with chapter 605?

The company is dissolved Signup and view all the answers

How can process be served on a foreign limited liability partnership that was required to comply with s. 620.9102?

By serving the Secretary of State as its agent Signup and view all the answers

What is the purpose of service of process?

To notify the defendant of the lawsuit Signup and view all the answers

Under what circumstances is an order issued by an agency of another state not enforceable against a person or entity incorporated or having its principal place of business in this state?

If the other state does not provide a mandatory right of review of the agency decision in a state court of competent jurisdiction. Signup and view all the answers

How can service of process be made on a person who is subject to the jurisdiction of the courts of this state as provided in this section?

By personally serving the process upon the defendant outside this state, as provided in s. 48.194. Signup and view all the answers

What is the effect of service made by personally serving the process upon the defendant outside this state, as provided in s. 48.194?

It has the same effect as if it had been personally served within this state. Signup and view all the answers

When can service of process be made by registered mail in a foreclosure proceeding as defined by s. 702.09?

When the address of the person to be served is known. Signup and view all the answers

What happens if the registered mail which is sent as provided for in subsection (2) is returned with an endorsement or stamp showing “refused”?

The party’s attorney or the party may serve original process by first-class mail. Signup and view all the answers

What is the requirement for a defendant in a pleading to demand affirmative relief on causes of action unrelated to the transaction forming the basis of the plaintiff’s claim?

The defendant must thereafter in that action be subject to the jurisdiction of the court for any cause of action, regardless of its basis, which the plaintiff may by amendment assert against the defendant. Signup and view all the answers

What is the effect of a defendant demanding affirmative relief on causes of action unrelated to the transaction forming the basis of the plaintiff’s claim?

The defendant is subject to the jurisdiction of the court for any cause of action, regardless of its basis. Signup and view all the answers

What is the limitation on serving process, except for subpoenas?

Service of process may be made in another state, territory, or commonwealth of the United States. Signup and view all the answers

What is the requirement for service of process on a party in another state, territory, or commonwealth of the United States?

Service of process must be made in the same manner as service within this state. Signup and view all the answers

What is the purpose of service of process in subsection (1)?

To obtain a return-of-service form stating the time, manner, and place of service. Signup and view all the answers

How is service of process perfected under subsection (3)?

By mailing the process by registered mail and then by first-class mail Signup and view all the answers

What must be attached to the affidavit of service under subsection (2)?

The return receipt from the registered mail Signup and view all the answers

What is the purpose of the affidavit of service under subsection (4)?

To prove service of process Signup and view all the answers

How can service of foreign process be made?

By the sheriff of this state in the same manner as service of process issued by Florida courts Signup and view all the answers

What fees is the sheriff entitled to charge for serving foreign process?

The same as fees for serving comparable process for the Florida courts Signup and view all the answers

What must the affidavit of service under subsection (4) state?

All of the above Signup and view all the answers

What must be mailed by first-class mail under subsection (3)?

A copy of the original process and the complaint Signup and view all the answers

Who is deemed to be acting in the performance of his or her duties when serving foreign process?

The officer serving the foreign process Signup and view all the answers

What is the consequence of failing to execute foreign process?

The sheriff is not held liable Signup and view all the answers

What may the sheriff collect for performing additional duties when serving foreign process?

Reasonable additional compensation Signup and view all the answers

Under the Florida International Commercial Arbitration Act, how can process be served on a natural person?

By service upon any person authorized by the law of the jurisdiction where process is being served to accept service for that person Signup and view all the answers

How can process be served on a person other than a natural person under the Florida International Commercial Arbitration Act?

By service upon any person authorized by the law of the jurisdiction where process is being served to accept service for that person. Signup and view all the answers

What is the manner of service for process served under subsection (1) of the Florida International Commercial Arbitration Act?

In any manner agreed upon, whether service occurs within or without this state. Signup and view all the answers

What is the requirement for proof of service in the Florida International Commercial Arbitration Act?

The person serving process shall make proof of service to the court by affidavit or as prescribed by the law of the jurisdiction where process is being served. Signup and view all the answers

How can service of process be effectuated in a foreign country?

By any internationally agreed-upon means of service reasonably calculated to give actual notice of the proceedings. Signup and view all the answers

What is the purpose of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters?

To provide for service of process in foreign countries. Signup and view all the answers

What is the requirement for service of process outside this state?

No order of the court is required. Signup and view all the answers

How can process be served on a person being served outside this state?

By mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the person being served. Signup and view all the answers

What is the deadline for proof of service to be made to the court?

Prior to expiration of the time within which the person served must respond. Signup and view all the answers

What is the requirement for mailing a subpoena in a civil traffic case, a criminal traffic case, a misdemeanor case, or a second-degree or third-degree felony?

The subpoena must be mailed at least 10 days prior to the scheduled hearing. Signup and view all the answers

According to Florida Statutes, how can service of process be effectuated in a foreign country upon a minor or an incompetent person?

By a method reasonably calculated to give actual notice of the proceedings, as prescribed by the foreign country's law Signup and view all the answers

What is the consequence of serving or executing a writ, process, warrant, order, or judgment on Sunday?

It is void and the person serving or executing is liable for damages Signup and view all the answers

What information must be included on the return-of-service form?

The date and time when the process comes to hand, the date and time when it is served, the manner of service, the name of the person on whom it was served, and the position occupied by the person if served in a representative capacity Signup and view all the answers

What is the consequence of a failure to state the facts or include the signature on the return-of-service form?

The return is amendable to state the omitted facts or include the signature at any time on application to the court Signup and view all the answers

Under what circumstances can service of process be effectuated on Sunday?

If the person liable to have the writ, process, warrant, order, or judgment served on them intends to escape from the state under protection of Sunday Signup and view all the answers

How can service of process be effectuated in a foreign country if there is no internationally agreed-upon means of service?

By a method reasonably calculated to give actual notice of the proceedings, as prescribed by the foreign country's law Signup and view all the answers

What is the purpose of the return-of-service form?

To prove the service of process was effectuated Signup and view all the answers

Under what circumstances can the court authorize service of process by other means?

Pursuant to motion and order by the court, by other means, including electronically by email or other technology, which the party seeking service shows is reasonably calculated to give actual notice of the proceedings and is not prohibited by international agreement Signup and view all the answers

What is the consequence of a failure to comply with the requirements for serving process in a foreign country?

The service is invalid and cannot be used as evidence in court Signup and view all the answers

Who is responsible for signing the return-of-service form?

The person who effects service of process Signup and view all the answers

What is the minimum age requirement to become a certified process server in Florida?

18 years old Signup and view all the answers

What type of investigation is required for a person applying to become a certified process server?

Criminal background investigation Signup and view all the answers

How often must a certified process server's bond be renewed?

Every year Signup and view all the answers

What is the minimum amount of the bond required for a certified process server?

$5,000 Signup and view all the answers

What must a certified process server place on the first page of at least one of the processes served?

The information required in s. 48.031(5) Signup and view all the answers

Can a certified process server serve process in more than one circuit?

Yes, they can serve in multiple circuits Signup and view all the answers

What is the purpose of the identification card issued to a certified process server?

To prove their certification Signup and view all the answers

What is the purpose of recording a notice of lis pendens in the official records of the county where the property is located?

To put subsequent purchasers or lienholders on constructive notice of the pending litigation Signup and view all the answers

How often must a certified process server's identification card be renewed?

Every year Signup and view all the answers

What may a certified process server charge for their services?

A fee Signup and view all the answers

Under what circumstances can a person acquiring an interest in or lien on the real or personal property take such interest or lien exempt from all claims against the property?

If the notice of lis pendens has expired or been withdrawn or discharged Signup and view all the answers

What information must a notice of lis pendens contain?

All of the above Signup and view all the answers

Who maintains the list of certified process servers in each county?

All of the above Signup and view all the answers

What is the effect of recording a notice of lis pendens on unrecorded interests and liens?

It constitutes a bar to the enforcement against the property described in the notice Signup and view all the answers

What happens if the holder of an unrecorded interest or lien does not intervene in the proceedings and the property is judicially sold?

The property is forever discharged from all such unrecorded interests and liens Signup and view all the answers

When can a notice of lis pendens be withdrawn or discharged?

All of the above Signup and view all the answers

What is the result if a notice of lis pendens is not recorded in the official records of the county where the property is located?

The action has no effect on the title to the property Signup and view all the answers

What is the purpose of the cumulative provisions of this chapter?

To provide a supplemental method of service of process Signup and view all the answers

What happens when a notice of lis pendens expires or is withdrawn or discharged?

The validity of any unrecorded interest or lien is not affected. Signup and view all the answers

What is the effect of the cumulative provisions of this chapter on other provisions of law or rules of court about service of process?

They are in addition to all other provisions of law or rules of court Signup and view all the answers

What is the general rule regarding the effect of lis pendens on the title to the property?

It operates as a constructive notice to subsequent purchasers or lienholders Signup and view all the answers

What is the time limit for a notice of lis pendens to be effective?

1 year from the commencement of the action Signup and view all the answers

Who can establish an approved list of natural persons designated as certified process servers?

The chief judge of each judicial circuit Signup and view all the answers

What is the purpose of the Florida Certified Process Server Act?

To regulate process servers Signup and view all the answers

What is authorized by the addition of a person's name to the list of certified process servers?

Serving initial nonenforceable civil process Signup and view all the answers

Who may serve criminal witness subpoenas and criminal summonses?

A certified process server Signup and view all the answers

What is not affected by the Florida Certified Process Server Act?

The role of sheriffs in process serving Signup and view all the answers

What is the period of time specified in subsection (2) of the statute?

1 year from the commencement of the action Signup and view all the answers

Who may impose terms for the extension of time for a notice of lis pendens?

The court Signup and view all the answers

What is the limitation on serving process, except for subpoenas?

Only in the circuit where the process server is certified Signup and view all the answers

Study Notes

Process and Service in Civil Actions

Summons, subpoenas, and other process in civil actions run throughout the state, and all process except subpoenas shall be directed to all and singular the sheriffs of the state.

Service of Process

Process shall be served by the sheriff of the county where the person to be served is found, except nonenforceable civil process, criminal witness subpoenas, and criminal summonses may be served by a special process server appointed by the sheriff or by a certified process server.
Civil witness subpoenas shall be served by any person authorized by rules of civil procedure.

Qualifications of a Special Process Server

Must be at least 18 years of age
Have no mental or legal disability
Be a permanent resident of the state
Submit to a background investigation
Obtain and file a certificate of good conduct
Pass an examination testing knowledge of laws and rules regarding service of process
Take an oath to exercise duties honestly, diligently, and faithfully

Service of Process Generally

Service of original process is made by delivering a copy to the person to be served with a copy of the complaint, petition, or other initial pleading or paper
Service may be made at the person's usual place of abode with any person residing therein who is 15 years of age or older
Minors who are or have been married shall be served as provided in this section

Substituted Service

May be made on the spouse of the person to be served if the cause of action is not an adversarial proceeding between the spouse and the person to be served
May be made on an individual doing business as a sole proprietorship at their place of business

Service of Witness Subpoenas

Shall be made as provided in s. 48.031
May be served by United States mail directed to the witness at their last known address
Failure of a witness to appear in response to a subpoena served by United States mail that is not certified may not be grounds for finding the witness in contempt of court

Service on Minor or Incompetent

Process against a minor who has never been married shall be served on a parent or guardian of the minor
Process against an incompetent shall be served on the person who has care or custody of the incompetent

Service on State Prisoners

Process against a state prisoner shall be served on the prisoner

Service on Partnerships, Limited Liability Partnerships, and Limited Partnerships

Process against a partnership that is not a limited liability partnership or a limited partnership must be served on any partner
Process against a domestic limited liability partnership must be served on the registered agent specified in its statement of qualification
Process against a domestic limited partnership must be served on the agent for service of process specified in its certificate of limited partnership

Service on a Domestic Limited Liability Company or Registered Foreign Limited Liability Company

May be served with process by service on its registered agent designated under chapter 605### Service of Process
Service of process is a crucial step in a lawsuit that ensures all parties are notified of the legal action.

Service on Domestic Limited Liability Companies

If a domestic limited liability company ceases to have a registered agent, or if the registered agent cannot be served, process may be served on:
- Any manager of a manager-managed domestic limited liability company.
- Any member of a member-managed domestic limited liability company.
- Any person listed publicly by the domestic limited liability company on its latest annual report.

Service on Foreign Limited Liability Companies

If a foreign limited liability company is not registered in Florida, it is considered a non-resident engaging in business in the state and may be served pursuant to s. 48.181 or by order of the court under s. 48.102.

Service on Domestic Corporations

A domestic corporation or registered foreign corporation may be served with process required or authorized by law by service on its registered agent designated by the corporation under chapter 607 or chapter 617.
If service cannot be made on a registered agent, process may be served on:
- The chair of the board of directors, president, any vice president, secretary, or treasurer of the domestic corporation or registered foreign corporation.
- Any person listed publicly by the domestic corporation or registered foreign corporation on its latest annual report.

Service on Partnerships, Corporations, and Limited Liability Companies

Every domestic limited liability partnership, domestic limited partnership, domestic corporation, domestic limited liability company, registered foreign limited liability partnership, registered foreign limited partnership, registered foreign corporation, and registered foreign limited liability company shall designate a registered agent and registered office in accordance with chapter 605, chapter 607, chapter 617, or chapter 620, as applicable.

Service on Financial Institutions

Service on financial institutions must be made in accordance with s. 655.0201.

Service on Dissolved Corporations, Limited Liability Companies, Limited Partnerships, and Limited Liability Partnerships

Process against the directors of a dissolved corporation that was dissolved before July 1, 1990, must be served on one or more of the directors of the dissolved corporation as trustees thereof and binds all of the directors of the dissolved corporation as trustees thereof.
Process against any other dissolved domestic corporation, limited liability company, limited partnership, or limited liability partnership must be served in accordance with s. 48.081, s. 48.062, or s. 48.061, as applicable.

Service by Other Means

If, after due diligence, a party seeking to effectuate service is unable to effectuate personal service of process on a domestic or foreign corporation, the court, upon motion and a showing of such inability, may authorize service in any other manner that the party seeking to effectuate service shows will be reasonably effective to give the entity on which service is sought to be effectuated actual notice of the suit.

Service on Public Agencies and Officers

Process against any municipal corporation, agency, board, or commission, department, or subdivision of the state or any county which has a governing board, council, or commission or which is a body corporate shall be served on:
- The registered agent; or
- If the registered agent cannot be served, on the president, mayor, chair, or other head thereof, or any member of the governing board, council, or commission, the manager of the governmental entity, if any, or an in-house attorney for the governmental entity, if any.

Service on the State

When the state has consented to be sued, process against the state shall be served on the state attorney or an assistant state attorney for the judicial circuit within which the action is brought and by sending two copies of the process by registered or certified mail to the Attorney General.

Service on Alien Property Custodian

In every action or proceeding in any court or before any administrative board involving real, personal, or mixed property, or any interest therein, when service of process or notice is required or directed to be made upon any person, firm or corporation located, or believed to be located, within any country or territory in the possession of or under the control of any country between which and the United States a state of war exists, a copy of the notice or process shall be sent by registered or certified mail to the alien property custodian.### Service of Process
A public officer, board, agency, or commission served with process must retain a record copy and promptly send a copy to the person being served by registered or certified mail.
Proof of service is a notice accepting the process, issued by the public officer, board, agency, or commission, which states the date the copy was mailed and the time for pleading.
The service is valid for all purposes on the person being served, for whom the public officer, board, agency, or commission is statutory agent for service of process.

Agents for Service of Process

The Chief Financial Officer is the agent for service of process for:
- Insurers applying for authority to transact insurance in Florida
- Licensed nonresident insurance agents
- Nonresident disability insurance agents
- Unauthorized insurers under s. 626.906 or s. 626.937
- Domestic reciprocal insurers
- Fraternal benefit societies under chapter 632
- Warranty associations under chapter 634
- Prepaid limited health service organizations under chapter 636
The Department of Financial Services shall create a secure online portal as the sole means to accept service of process on the Chief Financial Officer.
The Director of the Office of Financial Regulation of the Financial Services Commission is the agent for service of process for:
- Issuers as defined in s. 517.021
- Dealers, investment advisers, or associated persons registered with the office
The Secretary of State is the agent for service of process for retailers, dealers, or vendors who have failed to designate an agent for service of process as required under s. 212.151 for violations of chapter 212.

Substituted Service of Process

Substituted service of process on a nonresident individual or a corporation or other business entity may be made by sending a copy of the process to the office of the Secretary of State.
The Secretary of State shall keep a record of all process served, showing the day and hour of service.
Notice of service and a copy of the process must be sent forthwith by the party effectuating service or by such party's attorney by registered mail, certified mail, or electronic transmission.

Due Diligence

The party effectuating service must exercise due diligence to locate and effectuate personal service before using substituted service.
Due diligence includes making diligent inquiry, exerting an honest and conscientious effort, and making an appropriate number of attempts to serve the party.

Service of Process on Nonresident Motor Vehicle Owners

A nonresident operator or owner of a motor vehicle who accepts the privilege of operating a motor vehicle within the state constitutes the Secretary of State as their agent for service of process in any civil action arising out of an accident or collision within the state.

Service of Process on Nonresidents and Foreign Business Entities

A foreign business entity is defined as a corporation or business entity formed under the laws of another state, territory, commonwealth, or foreign country.
Accepting the privilege of operating a business in Florida is deemed an appointment of the Secretary of State as agent for service of process.
Process may be served on the Secretary of State if a foreign business entity has registered to do business in Florida and has maintained its registration.

Service of Process in Actions for Possession of Premises

In an action for possession of residential or nonresidential premises, summons may be served by attaching a copy to a conspicuous place on the property if the tenant cannot be found.
Service must be attempted at least twice, with a minimum delay of 6 hours between attempts.
The landlord must provide the clerk of the court with an additional copy of the complaint and a prestamped envelope addressed to the defendant.

Service of Process for Removal of Unknown Parties in Possession

This section applies to actions seeking removal of unknown parties in possession of real property.
A summons must be issued in the name of "Unknown Party or Parties in Possession".
Service must be attempted at least three times, with inquiries about the occupant's name.
If the name of an occupant becomes known, all subsequent proceedings must be conducted under the true name.

Service on Nonresidents Operating Aircraft or Watercraft in the State

Operating an aircraft or watercraft in Florida constitutes an appointment of the Secretary of State as agent for service of process.
This applies to nonresidents who operate, navigate, or maintain an aircraft or watercraft in Florida.

Acts Subjecting a Person to Jurisdiction of Courts of the State

A person who personally or through an agent:
- Operates a business or business venture in Florida
- Commits a tortious act within Florida
- Owns, uses, or possesses real property in Florida
- Contracts to insure a person, property, or risk in Florida
- Maintains a matrimonial domicile in Florida
- Causes injury to persons or property in Florida
- Breaches a contract in Florida
- Engages in other specified activities in Florida submits to the jurisdiction of Florida courts for any cause of action arising from such acts.

Personal Service in Another State, Territory, or Commonwealth of the United States

Service of process on a party in another state, territory, or commonwealth may be made in the same manner as service within Florida.
Service may be made by registered mail with a return receipt requested.
If registered mail is returned with an endorsement or stamp "refused", service may be made by first-class mail.### Service of Foreign Process
A sheriff may perform additional duties beyond those required by Florida courts and collect reasonable additional compensation.
Process in connection with actions under the Florida International Commercial Arbitration Act shall be served on:
- Natural persons: themselves, agents for service of process, or persons authorized by law to accept service.
- Entities other than natural persons: agents for service of process, officers, business agents, directors, general partners, or managing agents.
Service of process may be effectuated in a foreign country through internationally agreed-upon means, such as the Hague Convention, or by other means specified in the statute.

Service of Process on Sunday

Service or execution of process on Sunday is void, except in cases where there is good reason to believe that the person intends to escape from the state.

Return of Execution of Process

A person serving process must note the date and time of service, manner of service, and name of the person served on a return-of-service form.
Failure to include required information invalidates the service, but the return may be amended at any time.

Lis Pendens

A notice of lis pendens must be recorded in the official records of the county where the property is located to operate as a lis pendens.
The notice must contain the names of the parties, date of institution of the action, name of the court, description of the property, and a statement of the relief sought.
A valid recorded notice of lis pendens remains in effect through the recording of any instrument transferring title to the property unless it expires, is withdrawn, or is otherwise discharged.

Certified Process Servers

The chief judge of each judicial circuit may establish an approved list of certified process servers.
To be certified, a person must be at least 18 years old, have no mental or legal disability, be a permanent resident of the state, and pass a background investigation and examination on laws and rules regarding service of process.
Certified process servers may serve initial nonenforceable civil process and criminal witness subpoenas and summonses within the circuit where they are certified.

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Quiz on process serving and directing in civil actions in Florida, including summons, subpoenas, and sheriffs' roles.