Florida State Process Service

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In Florida, the rules for process serving are governed by the Florida Rules of Civil Procedure and state statutes. Here are the key elements:

1. Who Can Serve Process?

  • Process servers must be either:
    • Sheriffs or their deputies.
    • Certified process servers who are appointed by the court after meeting certain requirements, such as passing a background check and a certification exam.

2. How Process Can Be Served

  • Personal Service: Delivering the documents directly to the individual being served.
  • Substitute Service: If the defendant is unavailable, documents can be left with another adult resident at the defendant's usual place of residence.
  • Service by Mail: Allowed in certain circumstances, but typically requires a signed return receipt.
  • Service by Publication: Permitted when a defendant cannot be located after diligent search, often used in cases like divorce or foreclosure.

3. Time for Service

  • Service must generally be completed within 120 days of filing the complaint, unless the court grants an extension.

4. Restricted Locations

  • Service cannot be performed on Sundays unless authorized by the court.
  • Special rules apply for serving individuals in sensitive situations, such as attending religious services or within a courthouse.

5. Proof of Service

  • After serving process, the server must complete and file an affidavit of service with the court, detailing how, when, and to whom the service was made.

6. Service on Special Entities

  • Corporations: Serve the registered agent or, if unavailable, another corporate officer or director.
  • State Agencies: Serve the head of the agency or another designated representative.

If you’re dealing with a specific case, it’s always recommended to consult an attorney or review the Florida Statutes, Chapter 48 and related local court rules for detailed guidance.