Florida Service of Process Rules
Florida
State Serve Rules
Additional Rules
Additional rules - Servers
- Corporate service: Must serve Officer or try R/A between 10-noon (weekdays); then employee of R/A on first serve (if R/A is absent from office)
- LLC: Must serve R/A or employee of R/A on first serve (if R/A is absent from office). If not found, then Member/Manager or designated employee; then person in charge during reg bus hours.
- Private Mailbox: substitute service may be made at private mailbox
- Partnership: Must serve Partner or designated employee on first attempt; then person in charge during reg bus hours
Affidavit
Notary
Not Required
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Care/Custody. Must serve 2 copies
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Yes, state requires service directly on the incarcerated person
Service to a minor
y
Proof Specialists
Mirrors Fed Rules
No
M&O
The sheriff of each county may, in his or her discretion, establish an approved list of natural persons designated as special process servers
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
see special
Workplace substitute service
Permissible (an employer, when contacted by an individual authorized to serve process, shall allow the authorized individual to serve an employee in a private area designated by the employer)
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
15
Residential substitute service
Permissible
Spousal Service
Permissible
Subpoena Personal Service Only?
Subservice to co-resident 15+
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Required, server must endorse details on the doc served, and the copy attached to the affidavit
Serve at a nursing home
Client policy
Sunday Service
Not Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - Servers
For eviction Summonses on Serves you may post after 2 attempts 6 hours apart
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Not Required
Mail if subserve
No
Mail SLA
N/A
Posting Rules
Due Diligence Prior to Posting
Required
Posting
Not Permissible
Eviction Posting Rules
Additional Rules
Additional rules - TM
May mail in lieu of service/posting; however, for our purposes, we are not doing stand-alone mailing. If uploaded as a post, must be served/posted
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
Optional
Mail SLA
3
Proof Specialists
Server/Marshal Required?
No license required
**Notary:** Not Required
**Cannot serve on Sundays**
**Affidavit needs to state when server received documents from Proof and that server placed initials, identification number and date and hour of service on served documents.**
**INDIVIDUAL**
+ Personal
+ Substituted
+ Dwelling/house/Usual place of abode
- competent member of the household, 15+
- be informed of the contents thereof
+ Usual place of business
- Employer must allow service on a defendant or witness in a private area at workplace
+ Spousal
- May serve the spouse of defendant or witness if they agree to meet
- Does not include divorce proceedings
+ D/B/A (sole proprietorship) (ONLY IF TWO ATTEMPTS HAVE BEEN MADE TO PERSONALLY SERVE)
- Serve person in charge at place of business during regular business hours
+ If the only address for the defendant or witness is a private mailbox, a virtual office, an executive office or mini suite
- Serve person in charge of mailbox/virtual office etc. at location
**PARTNERSHIPS AND LIMITED PARTNERSHIPS**
+ any partner or designated employee by partner during business hours
+ Substituted after 1 attempt is allowed
- person in charge during business hours
**LIMITED LIABILITY COMPANY (LLC)**
+ Registered Agent or any employee of registered agent
+ If Registered Agent not available, service any member/manager
+ If Registered Agent, member or manager not available, sub service on any person in charge
+ Sub serve on Secretary of State if all else fails
**CORPORATION**
+ President, Vice President, CEO, or other head of the corporation
- In their absence - cashier, treasurer, secretary, or general manager
+ In their absence - any director
- In their absence - any officer or business agent residing in the state.
+ Address is a private mailbox/virtual office
- person in charge, but they must also maintain a mailbox/virtual office etc. at location
**FINANCIAL INSTITUTIONS**
+ Registered Agent
- Sub on any officer, director, or business agent at any place of business.
**PUBLIC ENTITY (STATE, COUNTY, CITY, ETC.)**
+ president, mayor, chair, or other head thereof
- In their absence - vice president, vice mayor, or vice chair
+ In their absence - member of the governing board, council, or commission
+ State of Florida - state attorney or an assistant state attorney
**NONRESIDENT MOTOR VEHICLE OPERATOR**
+ Secretary of State is agent
**MINOR**
+ Parent, guardian or conservator
**INCOMPETENT PERSON**
+ Parent, guardian or conservator
- Must serve 2 copies
**POSTING (EVICTIONS)**
+ Must make 2 separate attempts at least 6 hours apart
+ No one under 15 can be living in the residence
