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Practitioner guide to Florida service — Chapter 48 service rules through out-of-state subpoena domestication under UIDDA at Fla. Stat. § 92.251.
Florida service of process is governed primarily by Chapter 48 of the Florida Statutes, supplemented by Rule 1.070 of the Florida Rules of Civil Procedure. The state has 67 counties organized into 20 judicial circuits, each of which may certify its own process servers under Fla. Stat. § 48.27. Florida's substituted abode service rule is distinctive for allowing delivery to any person residing there who is 15 years of age or older — the lowest age threshold in the country. Out-of-state practitioners should also note Fla. Stat. § 48.161, which permits substituted service on the Florida Secretary of State for nonresident defendants who use Florida roads or conduct business here.
This is practical guidance, not legal advice. Florida service of process rules are found in Fla. Stat. § 48.031; Fla. R. Civ. P. 1.070. For service of process nationwide, Served 123 LLC handles Florida and all 49 other states with qualified servers.
Under Fla. Stat. § 48.021, service of civil process is made by the sheriff of the county where service is attempted. Fla. Stat. § 48.27 additionally authorizes the chief judge of each judicial circuit to appoint certified process servers, who may serve any Florida civil process within the state. Many counties (notably Miami-Dade, Broward, Orange, and Hillsborough) maintain active certified-server rosters with bonding and testing requirements. Non-certified private servers may serve process only if specifically appointed by the court in a particular case.
Personal service under Fla. Stat. § 48.031(1)(a) is accomplished by delivering a copy of the process to the person to be served. The server must read the contents of the process to the person at the time of service if requested. The return of service must identify the date, time, and manner of service, the name of the server, and the server's certification or sheriff identification.
Florida authorizes substituted service under Fla. Stat. § 48.031(1)(a) by leaving copies at the defendant's usual place of abode with any person residing there who is 15 years of age or older and informing the person of the contents. Florida's age-15 threshold is the lowest in the country — most states require 18 or "suitable age and discretion." The person receiving the papers must actually reside at the abode, not merely be visiting or working. Service on a guest, visitor, or housekeeper is invalid.
Florida does not authorize service of a summons and complaint by ordinary mail. Certified mail is used in certain specialized contexts — Fla. Stat. § 48.161 requires the Secretary of State, after substituted service, to forward process to the nonresident defendant by registered or certified mail. Service by mail is also used in small-claims cases at the plaintiff's election under Fla. Small Claims Rule 7.070, where the clerk sends the summons and complaint by certified mail with return receipt.
Fla. Stat. § 48.081 authorizes service on a corporation by serving the president, vice president, secretary, treasurer, cashier, director, or registered agent. If the agent cannot be found after reasonable diligence at the registered address, § 48.081(3) permits service on any employee at the corporation's place of business. For LLCs, § 48.062 follows a parallel structure. The Florida Department of State's Sunbiz portal (sunbiz.org) identifies the registered agent and address. For nonresident entities doing business in Florida without a registered agent, the Secretary of State may be served as substitute under § 48.161.
For defendants outside Florida, Fla. Stat. § 48.193 is the long-arm statute, extending jurisdiction to the constitutional limit. Service on nonresidents is accomplished either by personal service in the destination state (through a sheriff or authorized server) or by substituted service on the Florida Secretary of State under § 48.161, which requires the Secretary to forward a copy of the process to the defendant by registered or certified mail, return receipt requested. The return receipt and the Secretary's certificate are then filed with the court.
Fla. Stat. Chapter 49 authorizes service by publication when a defendant cannot be located after diligent search and inquiry. The plaintiff must file a sworn statement identifying the defendant's residence as unknown or out of state. The notice runs once a week for four consecutive weeks in a newspaper of general circulation in the county where the action is pending. Service by publication generally supports only in rem or quasi in rem judgments — not personal money judgments.
Florida adopted the Uniform Interstate Depositions and Discovery Act at Fla. Stat. § 92.251 et seq., effective July 1, 2019. To domesticate a foreign subpoena, counsel submits the original out-of-state subpoena to the clerk of the circuit court in the Florida county where discovery is sought. The clerk issues a Florida subpoena incorporating the foreign commands. The UIDDA process does not require a motion or the appearance of local Florida counsel. Service of the Florida subpoena on the deponent or custodian must comply with Chapter 48 — commonly via a certified Florida process server.
Fla. R. Civ. P. 1.070(j) requires service within 120 days of filing the complaint. If service is not completed within 120 days, the court must direct that service be effected within a specified time, or dismiss the action without prejudice, or drop the defendant as a party — unless the plaintiff shows good cause for the delay. Calendar the deadline on filing and plan backup methods if the first attempt fails.
The return of service must be sworn or affirmed and filed with the court. For certified process servers, the return recites the server's certification number, circuit of appointment, and the date, time, place, and manner of service. Sheriffs file a return on the original process. Under Fla. Stat. § 48.21, the return is prima facie evidence of the facts stated — but it can be rebutted by clear and convincing evidence.
Practitioners routinely handle Florida service for UIDDA domestication of out-of-state subpoenas through the 20 judicial circuits, substituted service on the Secretary of State for nonresident defendants, registered-agent service on Florida LLCs and corporations through Sunbiz, and unlawful-detainer and eviction service in county courts.
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No. Florida, like every other state, prohibits parties from serving their own process. The server must be an adult non-party or an authorized officer/licensed server per Florida rules.
Florida Rule 1.070(j) requires service within 120 days of the filing of the complaint. If service is not completed within that window, the court must either direct service within a specified time, dismiss the action without prejudice, or drop the defendant — unless the plaintiff shows good cause for the delay.
Florida does not authorize service of a summons and complaint by ordinary mail. Certified mail is used in specialized contexts — for example, Fla. Stat. § 48.161 requires the Secretary of State to forward substituted process to nonresident defendants by registered or certified mail, and small-claims cases under Rule 7.070 may be served by certified mail sent by the clerk.
Fla. Stat. § 48.081 authorizes service on a corporation's president, vice president, secretary, treasurer, cashier, director, or registered agent. If the agent cannot be found after reasonable diligence, § 48.081(3) permits service on any employee at the corporation's place of business. LLCs follow § 48.062. The Sunbiz portal identifies the agent and address for Florida-registered entities.
Florida follows the majority refused-acceptance rule. The server may place the papers in the defendant's immediate presence after identifying the nature of the documents. Service is valid despite refusal.
Florida's long-arm statute at Fla. Stat. § 48.193 extends jurisdiction to the constitutional limit. Nonresident defendants may be served personally in the destination state or by substituted service on the Florida Secretary of State under § 48.161, which requires the Secretary to forward process to the defendant by registered or certified mail, return receipt requested.
Start with a skip trace, then move for service by publication on a court order supported by an affidavit documenting diligent inquiry. four consecutive weeks in a newspaper of general circulation in the county where the action is pending.
