Overview
Process Server in Florida: How Service of Process Works
Florida has no single statewide process server license. Instead, process is served by the sheriff, by certified process servers appointed by the chief judge of each judicial circuit, or by special process servers appointed by the sheriff. Under Florida Statutes section 48.031, papers can be left at the home with a resident aged 15 or older, after telling them what the papers are. Florida Rule of Civil Procedure 1.070 gives 120 days from filing to serve, and service on a Sunday is void.
Who serves process
Who Can Serve Legal Documents in Florida
Under Florida Statutes chapter 48, process may be served by the sheriff, by a certified process server appointed by the chief judge of a judicial circuit, or by a special process server appointed by the sheriff. Certification is managed circuit by circuit, so a certified server is generally authorized in the circuit that certified them.
Certified servers must meet the circuit's requirements, typically including being at least 18, passing an exam and posting a bond. Each circuit court publishes its list of certified process servers.
Typical documents include summonses and complaints, subpoenas, family law petitions, eviction papers, foreclosure papers and injunctions.
Proof you receive: a sworn affidavit of service
The server completes a return of service under Florida Statutes section 48.21, stating the date and time the process was received and served, the manner of service, the name of the person served and the server's identification number.
Certified process service, all 20 circuits
Service in all 67 counties by servers certified in the circuit where service happens, with returns that meet section 48.21.
Substitute and corporate service
Substitute service at the home under section 48.031, and service on registered agents of Florida companies after a Sunbiz registry check.
Miami, Tampa, Orlando and Jacksonville
Fast service in Florida's major metros and throughout the state, including rush and same-day attempts.
The rules
Florida Service of Process Rules
The Florida laws and rules that matter most for service:
| Rule | What it covers |
|---|---|
| Fla. Stat. § 48.021 | Who may serve process |
| Fla. Stat. § 48.031 | Personal and substitute service on individuals |
| Fla. Stat. §§ 48.25–48.31 | Certified process servers |
| Fla. Stat. § 48.21 | Return of service and its required contents |
| Fla. Stat. § 48.20 | No service on Sundays |
| Fla. R. Civ. P. 1.070(j) | Serve within 120 days of filing |
| Fla. Stat. ch. 49 | Constructive service (publication) |
Treaties
Florida and the Hague Conventions: Treaty Status
The Hague Service Convention lets member countries send documents to each other's Central Authorities for service. Florida has not joined it, so that route isn't available, and the Convention's Article 10 rules on postal and private service don't apply. Whether those methods are acceptable depends on Florida's law and on what your court allows.
Florida is not a party to the Hague Evidence Convention, so requests for witness testimony or documents go through letters rogatory.
