Questions and Answers
In which county must all process be served, except for nonenforceable civil process, criminal witness subpoenas, and criminal summonses?
What type of process server may serve civil witness subpoenas?
What is a requirement to become a special process server?
What must a person applying to become a special process server submit to?
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What type of certificate must a special process server obtain and file with their application?
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How often must a special process server be recertified and reappointed by the sheriff?
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What is a requirement for a person to be added to the approved list of special process servers?
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What is a limitation on serving process, except for subpoenas?
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What is the minimum frequency at which the sheriff must offer an examination for special process servers?
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What is the consequence of a special process server willfully and knowingly executing a false return of service?
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Who is authorized to serve process in only the county in which the sheriff who appointed him or her resides?
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What is the purpose of the program instituted by the sheriff?
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What is the requirement for an applicant to become a special process server?
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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?
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What is the purpose of the identification card issued to a special process server?
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How often must an identification card be renewed?
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What is the requirement for serving an employer's employee?
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What is the discretion given to the sheriff?
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When can substituted service on the spouse of the person to be served be made?
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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?
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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?
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Who is responsible for mailing the subpoena and making the proper return of service to the court in accordance with subsection (3)?
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What information must a person serving process place on the first page of at least one of the processes served?
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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?
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When can substituted service on an individual doing business as a sole proprietorship be made?
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Who is required to file the return-of-service form with the court?
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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?
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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?
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Where can process be served on a person who maintains a private mailbox, virtual office, or executive office or mini suite?
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What type of office provides communications services, such as telephone or facsimile services, and address services without providing dedicated office space?
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Who must grant unannounced entry into a gated residential community for a person attempting to serve process?
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How can process be served on a minor who has never been married?
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What must be served on a guardian ad litem or other person appointed by the court to represent a minor or incompetent?
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Who must be served process on behalf of an incompetent?
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How is process served on a state prisoner?
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What is the purpose of serving process on a person?
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Why is substituted service allowed in certain circumstances?
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What is the result of serving process on a minor or incompetent in accordance with the law?
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What happens if a foreign limited liability partnership is not registered but is engaging in business in this state?
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Where can process be served on a domestic limited liability company or registered foreign limited liability company?
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What can happen if a domestic limited liability company or registered foreign limited liability company ceases to have a registered agent?
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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?
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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?
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What is required to serve process on a foreign limited liability partnership that was required to comply with s. 620.9102?
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What happens if a foreign limited partnership is not registered but is engaging in business in this state?
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Under what circumstances can process be served by order of the court under s. 48.102?
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What is the requirement for serving process on a domestic limited liability company or registered foreign limited liability company?
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What happens if a domestic limited liability company or registered foreign limited liability company fails to comply with chapter 605?
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What is the valid way to serve process on a partnership that is not a limited liability partnership or a limited partnership?
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What happens if a partner is not available during regular business hours to accept service on behalf of the partnership?
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What is the effect of serving process on a registered agent of a domestic limited liability partnership?
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What happens if service cannot be made on the registered agent of a domestic limited liability partnership?
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What is the effect of serving process on a general partner of a domestic limited partnership?
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What happens if service cannot be made on the registered agent of a domestic limited partnership?
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What is the limitation on proceeding to judgment and execution against the assets of a domestic limited partnership?
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Who can accept service on behalf of a partnership if a partner is not available during regular business hours?
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What is the effect of serving process on a person in charge of the partnership during regular business hours?
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What happens if a domestic limited liability partnership ceases to have a registered agent?
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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?
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How can a foreign limited liability company engaging in business in this state, but not registered, be served?
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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?
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When can service on agents of nonresidents doing business in the state be made?
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What must be sent forthwith to the nonresident person or partnership when service is made on the person in charge of the business?
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How can a copy of the process with a notice of service be sent to the nonresident person or partnership?
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What must be filed by the party seeking to effectuate service or the attorney for such party?
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What type of corporation can be served with process in accordance with s. 48.081?
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Who is designated by the corporation to receive service of process under chapter 607 or chapter 617?
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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?
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What type of entities are required to designate a registered agent and registered office?
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During what hours must the registered office be kept open?
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Who may be served with process if a natural person is temporarily absent from their office?
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What must the registered agent do with copies of process and other papers received in connection with service?
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How must process be served on a financial institution?
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Against whom must process be served in the case of a dissolved corporation that was dissolved before July 1, 1990?
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What is an additional option for serving process if service was first properly attempted on the registered agent but was not successful?
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What is the consequence of failure to comply with the requirement to cause the registered agent to keep the registered office open?
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Who is responsible for serving process on a dissolved domestic corporation?
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What type of business entity is not required to designate a registered agent and registered office?
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What is the procedure for serving process against a dissolved domestic for-profit corporation?
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How must process be served against a dissolved domestic limited liability company?
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What is the alternative method of service if personal service of process cannot be effectuated?
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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?
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Who can serve process against a municipal corporation, agency, board, or commission?
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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?
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What is the procedure for serving process against a dissolved domestic limited partnership?
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What is the purpose of the court authorizing service in any other manner?
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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?
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What is the requirement for serving process on a governmental entity?
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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?
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What is the consequence of a party failing to effectuate service of process?
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What does not apply to service of process on?
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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?
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What is the purpose of serving process on a person?
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What does the term 'registered foreign corporation' have the same meaning as in?
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Why is substituted service allowed in certain circumstances?
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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?
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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?
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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?
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When serving process on a public agency, board, commission, or department not having a governing board or commission, who should be served?
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Who is the agent for service of process on all insurers applying for authority to transact insurance in this state?
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In a suit where the Department of Revenue or its successor is a party, process against the department shall be served on?
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What is the purpose of creating a secure online portal by the Department of Financial Services?
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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?
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When the state has consented to be sued, process against the state shall be served on?
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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?
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What is the method of substituted service of process on a nonresident individual or corporation under s. 48.161?
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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?
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Process against labor organizations shall be served on?
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When any law designates a public officer, board, agency, or commission as the agent for service of process, what must be done?
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What is the requirement for records retained under this section?
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What is the purpose of sending a copy of the process to the public officer, board, agency, or commission?
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Who keeps a record of all process served on the Secretary of State?
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What is the purpose of the notice accepting service issued by the public officer, board, agency, or commission?
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What must be sent forthwith by the party effectuating service or by such party's attorney?
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What is the effect of failure to mail a copy of the notice or process to the alien property custodian?
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What is the consequence of a party is actively refusing or rejecting the delivery of the notice?
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What is the purpose of serving process on a person?
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What is the purpose of substituted service under s. 48.161?
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Who constitute an agent for the service of process in any civil action begun in the courts of the state?
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What is the condition for a nonresident motor vehicle owner to be considered an agent for service of process?
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What is the relevance of the Secretary of State in relation to service of process for nonresident motor vehicle owners?
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What is the purpose of constituting the Secretary of State as an agent for service of process?
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What type of motor vehicle owner is included in the provision of constituting the Secretary of State as an agent for service of process?
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What is the consequence of a nonresident motor vehicle owner operating a motor vehicle in the state?
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Within how many days after the date of service on the Secretary of State must an affidavit of compliance be filed?
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What is considered as exercising due diligence in attempting to locate and effectuate personal service on the party?
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What happens when an individual or a business entity conceals its whereabouts?
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What is required to be filed when service of process is authorized under subsection (1)?
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Who maintains a record of each process served and records the time of and the action taken regarding the service?
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When is service of process effectuated under this section?
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What is not applicable under this section?
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What happens if any individual on whom service of process is authorized under subsection (1) dies?
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Who may designate an individual in their office to accept service?
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When can substituted service be used?
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What is the definition of a 'foreign business entity'?
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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?
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What must be done before serving process on a foreign business entity in accordance with this chapter?
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What is the significance of a foreign business entity maintaining its registration in an active status?
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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?
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What is the consequence if a party conceals its whereabouts?
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What is the purpose of substituted service of process on a foreign business entity?
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How can a landlord serve process on a tenant who cannot be found in the county?
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What is required for service of process on a foreign business entity that sells or leases tangible or intangible personal property in the state?
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What is the effect of a foreign business entity registering to do business in the state of Florida?
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What is the significance of a foreign business entity having a registered agent in the state of Florida?
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What is the minimum time delay between the two attempts to obtain service on a tenant?
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When can a landlord serve process on a tenant by attaching a copy to a conspicuous place on the property?
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What is the purpose of service of process under section 48.183?
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What happens if a foreign limited liability partnership is not registered but is engaging in business in the state?
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What is the requirement for service of process on a domestic limited liability company or registered foreign limited liability company?
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What happens if a domestic limited liability company or registered foreign limited liability company fails to comply with chapter 605?
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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?
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When is a summons issued in the name of 'Unknown Party or Parties in Possession'?
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How many attempts must be made to serve the summons on an unknown occupant or occupants?
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What must the return of service note?
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What must be done with the summons and complaint after issuance?
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When is service on an unknown occupant or occupants effective?
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How must the judgment and writ of possession refer to an unknown occupant in possession?
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What happens if the name of an occupant becomes known to the plaintiff through the return of service or otherwise?
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What constitutes an appointment by a nonresident of the Secretary of State as their agent?
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What is the purpose of the clerk mailing a copy of the summons and complaint by first-class mail?
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What must the process server do at the time of service?
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Which of the following acts subjects a person to the jurisdiction of the courts of this state?
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What is the consequence of the writ of possession being executed by the sheriff?
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In which situation can substituted service be made?
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What is required for a person to be subject to the jurisdiction of the courts of this state?
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What is the consequence of a nonresident breaching a contract in this state?
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When can a person be considered to have submitted themselves to the jurisdiction of the courts of this state?
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What is required for a foreign limited liability partnership to be subject to the jurisdiction of the courts of this state?
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What happens if a domestic limited liability company or registered foreign limited liability company fails to comply with chapter 605?
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How can process be served on a foreign limited liability partnership that was required to comply with s. 620.9102?
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What is the purpose of service of process?
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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?
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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?
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What is the effect of service made by personally serving the process upon the defendant outside this state, as provided in s. 48.194?
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When can service of process be made by registered mail in a foreclosure proceeding as defined by s. 702.09?
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What happens if the registered mail which is sent as provided for in subsection (2) is returned with an endorsement or stamp showing “refused”?
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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?
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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?
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What is the limitation on serving process, except for subpoenas?
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What is the requirement for service of process on a party in another state, territory, or commonwealth of the United States?
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What is the purpose of service of process in subsection (1)?
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How is service of process perfected under subsection (3)?
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What must be attached to the affidavit of service under subsection (2)?
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What is the purpose of the affidavit of service under subsection (4)?
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How can service of foreign process be made?
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What fees is the sheriff entitled to charge for serving foreign process?
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What must the affidavit of service under subsection (4) state?
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What must be mailed by first-class mail under subsection (3)?
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Who is deemed to be acting in the performance of his or her duties when serving foreign process?
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What is the consequence of failing to execute foreign process?
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What may the sheriff collect for performing additional duties when serving foreign process?
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Under the Florida International Commercial Arbitration Act, how can process be served on a natural person?
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How can process be served on a person other than a natural person under the Florida International Commercial Arbitration Act?
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What is the manner of service for process served under subsection (1) of the Florida International Commercial Arbitration Act?
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What is the requirement for proof of service in the Florida International Commercial Arbitration Act?
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How can service of process be effectuated in a foreign country?
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What is the purpose of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters?
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What is the requirement for service of process outside this state?
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How can process be served on a person being served outside this state?
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What is the deadline for proof of service to be made to the court?
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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?
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According to Florida Statutes, how can service of process be effectuated in a foreign country upon a minor or an incompetent person?
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What is the consequence of serving or executing a writ, process, warrant, order, or judgment on Sunday?
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What information must be included on the return-of-service form?
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What is the consequence of a failure to state the facts or include the signature on the return-of-service form?
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Under what circumstances can service of process be effectuated on Sunday?
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How can service of process be effectuated in a foreign country if there is no internationally agreed-upon means of service?
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What is the purpose of the return-of-service form?
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Under what circumstances can the court authorize service of process by other means?
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What is the consequence of a failure to comply with the requirements for serving process in a foreign country?
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Who is responsible for signing the return-of-service form?
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What is the minimum age requirement to become a certified process server in Florida?
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What type of investigation is required for a person applying to become a certified process server?
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How often must a certified process server's bond be renewed?
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What is the minimum amount of the bond required for a certified process server?
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What must a certified process server place on the first page of at least one of the processes served?
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Can a certified process server serve process in more than one circuit?
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What is the purpose of the identification card issued to a certified process server?
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What is the purpose of recording a notice of lis pendens in the official records of the county where the property is located?
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How often must a certified process server's identification card be renewed?
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What may a certified process server charge for their services?
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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?
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What information must a notice of lis pendens contain?
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Who maintains the list of certified process servers in each county?
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What is the effect of recording a notice of lis pendens on unrecorded interests and liens?
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What happens if the holder of an unrecorded interest or lien does not intervene in the proceedings and the property is judicially sold?
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When can a notice of lis pendens be withdrawn or discharged?
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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?
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What is the purpose of the cumulative provisions of this chapter?
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What happens when a notice of lis pendens expires or is withdrawn or discharged?
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What is the effect of the cumulative provisions of this chapter on other provisions of law or rules of court about service of process?
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What is the general rule regarding the effect of lis pendens on the title to the property?
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What is the time limit for a notice of lis pendens to be effective?
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Who can establish an approved list of natural persons designated as certified process servers?
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What is the purpose of the Florida Certified Process Server Act?
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What is authorized by the addition of a person's name to the list of certified process servers?
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Who may serve criminal witness subpoenas and criminal summonses?
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What is not affected by the Florida Certified Process Server Act?
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What is the period of time specified in subsection (2) of the statute?
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Who may impose terms for the extension of time for a notice of lis pendens?
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What is the limitation on serving process, except for subpoenas?
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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
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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
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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.
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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.
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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.