FLORIDA RULES OF CIVIL PROCEDURE
Introduction
In the state of
Florida, for most counties no license is required. However, specific counties such as Collier, Hendry, and Glades require
a sheriff to do service of process if the pleadings are filed in Florida. In addition, no service is permitted on
Sundays or Holidays.
Table of Contents
Process
Subpoena
Civil Practice and Procedure
Process; by whom served
Service of process generally; service of witness
subpoenas
Service on minor
Service on incompetent
Service on state prisoners
Service on partnerships and limited
partnerships
Service on agents of nonresidents doing business in
the state
Service on corporation
Service on dissolved corporations
Service on public agencies and officers
Service on the state
Service on alien property custodian
Service on labor unions
Service on statutory agents for certain persons
Method of substituted service on nonresident
Service on nonresident motor vehicle owners,
etc
Service on nonresident engaging in business
in state
Service of process in action for possession of
premises
Service on nonresidents operating aircraft or
watercraft in the state
Acts subjecting person to jurisdiction of
courts of state
Personal service outside state
Service of foreign process
Service of process in connection with actions
under the Florida International Arbitration Act
Service of process on Sunday
Return of execution of process
Cumulative to other laws
Certified process servers
Certification of process servers
Removal of certified process
servers; false return of service
PROCESS
(a) Summons;
Issuance.
Upon the
commencement of the action, summons or other process authorized by law shall be
issued forthwith by the clerk or judge under the clerk's or the judge's
signature and the seal of the court and delivered for service without praecipe.
(b) Service; By
Whom Made.
Service of process
may be made by an officer authorized by law to serve process, but the court may
appoint any competent person not interested in the action to serve the process.
When so appointed, the person serving process shall make proof of service by
affidavit promptly and in any event within the time during which the person
served must respond to the process. Failure to make proof of service shall not
affect the validity of the service. When any process is returned not executed
or returned improperly executed for any defendant the party causing its
issuance shall be entitled to such additional process against the unserved
party as is required to effect service.
(c) Service;
Numerous Defendants.
If there is more
than 1 defendant, the clerk or judge shall issue as many writs of process
against the several defendants as may be directed by the plaintiff or the
plaintiff's attorney.
(d) Service by
Publication.
Service of process
by publication may be made as provided by statute.
(e) Copies of
Initial Pleading for Persons Served.
At the time of
personal service of process a copy of the initial pleading shall be delivered
to the party upon whom service is made. The date and hour of service shall be
endorsed on the original process and all copies of it by the person making the
service. The party seeking to effect personal service shall furnish the person
making service with the necessary copies. When the service is made by
publication, copies of the initial pleadings shall be furnished to the clerk
and mailed by the clerk with the notice of action to all parties whose
addresses are stated in the initial pleading or sworn statement.
(f) Service of
Orders.
If personal
service of a court order is to be made, the original order shall be filed with
the clerk, who shall certify or verify a copy of it without charge. The person
making service shall use the certified copy instead of the original order in
the same manner as original process in making service.
(g) Fees; Service
of Pleadings.
The statutory
compensation for making service shall not be increased by the service on the
defendant unless good cause for the failure is shown.
(4) A defendant
who, before being served with process, timely returns waiver so requested is
not required to respond to the complaint until 60 days after the date the
defendant received the request for waiver of service. For purposes of computing
any time prescribed or allowed by these rules, service of process shall be
deemed effected 20 days before the time required to respond to the complaint.
(5) When the
plaintiff files a waiver of service with the court, the action shall proceed,
except as provided in subdivision (4) above, as if a summons and complaint had
been served at the time of filing the waiver, and no further proof of service
shall be required.
(j) Summons; Time
Limit.
If service of the
initial process and initial pleading is not made upon a defendant within 120
days after filing of the initial pleading and the party on whose behalf service
is required does not show good cause why service was not made within that time,
the action shall be dismissed without prejudice or that defendant dropped as a
party on the court's own initiative after notice or on motion. A dismissal
under this subdivision shall not be considered a voluntary dismissal or operate
as an adjudication on the merits under rule 1.420(a)(1).
Amended September
29, 1971, effective December 13, 1971; July 26, 1972, effective January 1,
1973; October 9, 1980, effective January 1, 1981; October 6 and December 30,
1988, effective January 1, 1989; July 16, 1992, effective January 1, 1993;
October 31, 1996, effective January 1, 1997.
SUBPOENA
(a) Subpoena
Generally.
Subpoenas for
testimony before the court, subpoenas for production of tangible evidence, and
subpoenas for taking depositions may be issued by the clerk of court or by any
attorney of record in an action.
(b) Subpoena for
Testimony Before the Court.
1.
Every subpoena for
testimony before the court shall be issued by an attorney of record in an
action or by the clerk under the seal of the court and shall state the name of
the court and the title of the action and shall command each person to whom it
is directed to attend and give testimony at a time and place specified in it.
2.
On oral request of
an attorney or party and without praecipe, the clerk shall issue a subpoena for
testimony before the court or a subpoena for the production of documentary
evidence before the court signed and sealed but otherwise in blank, both as to
the title of the action and the name of the person to whom it is directed, and
the subpoena shall be filled in before service by the attorney or party.
(c) For Production
of Documentary Evidence.
A subpoena may
also command the person to whom it is directed to produce the books, papers,
documents, or tangible things designated therein, but the court, upon motion
made promptly and in any event at or before the time specified in the subpoena
for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable
and oppressive, or (2) condition denial of the motion upon the advancement by
the person in whose behalf the subpoena is issued of the reasonable cost of
producing the books, papers, documents, or tangible things. A party seeking
production of evidence at trial which would be subject to a subpoena may compel
such production by serving a notice to produce such evidence on an adverse
party as provided in rule 1.080 (b). Such notice shall have the same effect and
be subject to the same limitations as a subpoena served on the party.
(d) Service.
A subpoena may be
served by any person authorized by law to serve process or by any other person
who is not a party and who is not less than 18 years of age. Service of a
subpoena upon a person named therein shall be made as provided by law. Proof of
such service shall be made by affidavit of the person making service if not
served by an officer authorized by law to do so.
(e) Subpoena for
Taking Depositions.
1.
Filing a notice to
take a deposition as provided in rule 1.310 (b) or 1.320 (a) with a certificate
of service on it showing service on all parties to the action constitutes an
authorization for the issuance of subpoenas for the persons named or described
in the notice by the clerk of the court in which the action is pending or by an
attorney of record in the action. The subpoena may command the person to whom
it is directed to produce designated books, papers, documents, or tangible
things that constitute or contain evidence relating to any of the matters within
the scope of the examination permitted by rule 1.280 (b), but in that event the
subpoena will be subject to the provisions of rule 1.280 (c) and subdivision
(c) of this rule. Within 10 days after its service, or on or before the time
specified in the subpoena for compliance if the time is less than 10 days after
service, the person to whom the subpoena is directed may serve written
objection to inspection or copying of any of the designated materials. If
objection is made, the party serving the subpoena shall not be entitled to
inspect and copy the materials except pursuant to an order of the court from
which the subpoena was issued. If objection has been made, the party serving
the subpoena may move for an order at any time before or during the taking of
the deposition upon notice to the deponent.
2.
A person may be
required to attend an examination only in the county wherein the person resides
or is employed or transacts business in person or at such other convenient
place as may be fixed by an order of court.
(f) Contempt.
Failure by any
person without adequate excuse to obey a subpoena served upon that person may
be deemed a contempt of the court from which the subpoena issued.
(g) Depositions
Before Commissioners Appointed in This State by Courts of Other States,
Subpoena Powers; etc.
When any person
authorized by the laws of Florida to administer oaths is appointed by a court
of record of any other state, jurisdiction, or government as commissioner to
take the testimony of any named witness within this state, that witness may be
compelled to attend and testify before that commissioner by witness subpoena
issued by the clerk of any circuit court at the instance of that commissioner
or by other process or proceedings in the same manner as if that commissioner
had been appointed by a court of this state; provided that no document or paper
writing shall be compulsorily annexed as an exhibit to such deposition or
otherwise permanently removed from the possession of the witness producing it,
but in lieu thereof a photostatic copy may be annexed to and transmitted with
such executed commission to the court of issuance.
Amended June 19,
1968, effective October 1, 1968; July 26, 1972, effective January 1, 1973;
December 13, 1976, effective January 1, 1977; October 9, 1980, effective
January 1, 1981; July 16, 1992, effective January 1, 1993; October 31, 1996,
effective January 1, 1997.
Civil Practice and Procedure
a. Summons; Issuance.
Upon the commencement
of the action, summons or other process authorized by law shall be issued
forthwith by the clerk or judge under the clerk's or the judge's signature and
the seal of the court and delivered for service without praecipe.
PROCESS; BY WHOM SERVED
1. All process shall be served by the
sheriff of the county where the person to be served is found, except initial
nonenforceable civil process may be served by a special process server
appointed by the sheriff as provided for in this section or by a certified
process server as provided for in ss. 48.25-48.31. Witness subpoenas may be
served by any person authorized by rules of procedure.
2.
a. The sheriff of each county may, in his or
her discretion, establish an approved list of natural persons designated as
special process servers. The sheriff shall add to such list the names of those
natural persons who have met the requirements provided for in this section.
Each natural person whose name has been added to the approved list is subject
to annual recertification and reappointment by the sheriff. The sheriff shall
prescribe an appropriate form for application for appointment. A reasonable fee
for the processing of the application shall be charged.
b. A person applying to become a special
process server shall:
1. Be at least 18 years of age.
2. Have no mental or legal disability.
3. Be a permanent resident of the state.
4. Submit to a background investigation that
includes the right to obtain and review the criminal record of the applicant.
5. Obtain and file with the application a
certificate of good conduct that specifies there is no pending criminal case
against the applicant and that there is no record of any felony conviction, nor
a record of a misdemeanor involving moral turpitude or dishonesty, with respect
to the applicant within the past 5 years.
6. Submit to an examination testing the
applicant's knowledge of the laws and rules regarding the service of process.
The content of the examination and the passing grade thereon, and the frequency
and the location at which the examination is offered must be prescribed by the
sheriff. The examination must be offered at least once annually.
7. Take an oath that the applicant will
honestly, diligently, and faithfully exercise the duties of a special process
server.
c. The sheriff may prescribe additional
rules and requirements directly related to subparagraphs (b)1.-7. regarding the
eligibility of a person to become a special process server or to have his or
her name maintained on the list of special process servers.
d. An applicant who completes the
requirements of this section must be designated as a special process server
provided that the sheriff of the county has determined that the appointment of
special process servers is necessary or desirable. Each special process server
must be issued an identification card bearing his or her identification number,
printed name, signature and photograph, and an expiration date. Each
identification card must be renewable annually upon proof of good standing.
e. The sheriff shall have the discretion to
revoke an appointment at any time that he or she determines a special process
server is not fully and properly discharging the duties as a special process
server. The sheriff shall institute a program to determine whether the special
process servers appointed as provided for in this section are faithfully
discharging their duties pursuant to such appointment, and a reasonable fee may
be charged for the costs of administering such program.
3. A special process server appointed in
accordance with this section shall be authorized to serve process in only the
county in which the sheriff who appointed him or her resides and may charge a
reasonable fee for his or her services.
4. Any special process server shall be disinterested
in any process he or she serves; and if the special process server willfully
and knowingly executes a false return of service or otherwise violates the oath
of office, he or she shall be guilty of a felony of the third degree,
punishable as provided for in s. 775.082, s. 775.083, or s. 775.084, and shall
be permanently barred from serving process in Florida.
History. - s. 16,
July 22, 1845; s. 1, ch. 3721, 1887; RS 1014, 1246; GS 1401; RGS 2598; s. 1,
ch. 9318, 1923; CGL 4238; s. 4, ch. 67-254; s. 12, ch. 73-334; s. 1, ch.
76-263; s. 2, ch. 79-396; s. 1, ch. 81-266; s. 1, ch. 88-135; s. 2, ch. 91-306;
s. 268, ch. 95-147; s. 16, ch. 98-34.
Note. - Section
46, ch. 98-34, provides that "[t]he provisions of this act do not affect a
cause of action that accrued before [July 1, 1998]." Note. - Former s.
47.12.
SERVICE OF PROCESS GENERALLY; SERVICE OF
WITNESS SUBPOENAS
1.
a. Service of original process is made by
delivering a copy of it to the person to be served with a copy of the complaint,
petition, or other initial pleading or paper or by leaving the copies at his or
her usual place of abode with any person residing therein who is 15 years of
age or older and informing the person of their contents. Minors who are or have
been married shall be served as provided in this section.
b. Employers, when contacted by an
individual authorized to make service of process, shall permit the authorized
individual to make service on employees in a private area designated by the
employer.
2.
a. Substitute service may be made on the
spouse of the person to be served at any place in the county, if the cause of
action is not an adversary proceeding between the spouse and the person to be
served, if the spouse requests such service, and if the spouse and person to be
served are residing together in the same dwelling.
b. Substitute service may be made on an
individual doing business as a sole proprietorship at his or her place of
business, during regular business hours, by serving the manager of the business
if one or more attempts to serve the owner have been made at the place of
business.
3. The service of process of witness
subpoenas, whether in criminal cases or civil actions, is to be made as
provided in subsection (1). However, service of a subpoena on a witness in a
criminal traffic case, a misdemeanor case, or a second degree or third degree
felony may be made by certified United States mail directed to the witness at
the last known address, and such service must be mailed at least 7 days prior
to the date of the witness's required appearance.
a. Service of a criminal witness subpoena
upon a law enforcement officer or upon any federal, state, or municipal
employee called to testify in an official capacity in a criminal case may be
made as provided in subsection (1) or by delivery to a designated supervisory
or administrative employee at the witness's place of employment if the agency
head or highest ranking official at the witness's place of employment has
designated such employee to accept such service. However, no such designated
employee is required to accept service:
1. For a witness who is no longer employed
by the agency at that place of employment;
2. If the witness is not scheduled to work
prior to the date the witness is required to appear; or
3. If the appearance date is less than 5
days from the date of service.
The agency head or
highest ranking official at the witness's place of employment may determine the
days of the week and the hours that service may be made at the witness's place
of employment.
b. Service may also be made in accordance
with subsection (3) provided that the person who requests the issuance of the
criminal witness subpoena shall be responsible for mailing the subpoena in
accordance with that subsection and for making the proper return of service to
the court.
History. - s. 5,
Nov. 23, 1828; RS 1015; GS 1402; RGS 2599; CGL 4246; s. 6, ch. 29737, 1955; s.
4, ch. 67-254; s. 1, ch. 75-34; s. 3, ch. 79-396; s. 3, ch. 82-118; s. 1, ch.
84-339; s. 7, ch. 85-80; s. 2, ch. 87-405; s. 6, ch. 93-208; s. 269, ch.
95-147; s. 1, ch. 95-172; s. 1, ch. 98-410.
Note. - Former s.
47.13.
SERVICE ON MINOR
1. Process against a minor who has never
been married shall be served:
a. By serving a parent or guardian of the
minor as provided for in s. 48.031 or, when there is a legal guardian appointed
for the minor, by serving the guardian as provided for in s. 48.031.
b. By serving the guardian ad litem or other
person, if one is appointed by the court to represent the minor. Service on the
guardian ad litem is unnecessary when he or she appears voluntarily or when the
court orders the appearance without service of process on him or her.
2. In all cases heretofore adjudicated in
which process was served on a minor as prescribed by any law heretofore
existing, the service was lawfully made, and no proceeding shall be declared
irregular or illegal if a guardian ad litem appeared for the minor.
History. - ss. 1,
2, ch. 7853, 1919; CGL 4273, 4274; s. 1, ch. 19175, 1939; CGL 1940 Supp.
4274(13); s. 2, ch. 29737, 1955; s. 4, ch. 67-254; s. 1, ch. 84-176; s. 270,
ch. 95-147.
Note. - Former ss.
47.23-47.25.
SERVICE ON INCOMPETENT
1. Process against an incompetent shall be
served:
a. By serving two copies of the process to the
person who has care or custody of the incompetent or, when there is a legal
guardian appointed for the incompetent, by serving the guardian as provided in
s. 48.031.
b. By serving the guardian ad litem or other
person, if one is appointed by the court to represent the incompetent. Service
on the guardian ad litem is unnecessary when he or she appears voluntarily or
when the court orders the appearance without service of process on him or her.
2. In all cases heretofore adjudicated in
which process was served on an incompetent as prescribed by any law heretofore
existing, the service was lawfully made, and no proceeding shall be declared
irregular or illegal if a guardian ad litem appeared for the incompetent.
History. - s. 2,
ch. 84-176; s. 271, ch. 95-147.
SERVICE ON STATE PRISONERS
Process against a
state prisoner shall be served on the prisoner.
History. - s. 30,
ch. 3883, 1889; RS 3043; GS 4124; RGS 6243; CGL 8580; s. 1, ch. 21992, 1943; s.
1, ch. 25041, 1949; s. 44, ch. 57-121; s. 4, ch. 67-254; ss. 19, 35, ch.
69-106; s. 13, ch. 71-355.
Note. - Former s.
47.26.
SERVICE ON PARTNERSHIPS AND LIMITED
PARTNERSHIPS
1. Process against a partnership shall be
served on any partner and is as valid as if served on each individual partner.
If a partner is not available during regular business hours to accept service
on behalf of the partnership, he or she may designate an employee to accept
such service. After one attempt to serve a partner or designated employee has
been made, process may be served on the person in charge of the partnership
during regular business hours. After service on any partner, plaintiff may
proceed to judgment and execution against that partner and the assets of the
partnership. After service on a designated employee or other person in charge,
plaintiff may proceed to judgment and execution against the partnership assets
but not against the individual assets of any partner.
2. Process against a domestic limited
partnership may be served on any general partner or on the agent for service of
process specified in its certificate of limited partnership or in its
certificate as amended or restated and is as valid as if served on each
individual member of the partnership. After service on a general partner or the
agent, the plaintiff may proceed to judgment and execution against the limited
partnership and all of the general partners individually. If a general partner
cannot be found in this state and service cannot be made on an agent because of
failure to maintain such an agent or because the agent cannot be found or
served with the exercise of reasonable diligence, service of process may be
effected by service upon the Secretary of State as agent of the limited
partnership as provided for in s. 48.181. Service of process may be made under
ss. 48.071 and 48.21 on limited partnerships.
3. Process against a foreign limited
partnership may be served on any general partner found in the state or on any
agent for service of process specified in its application for registration and
is as valid as if served on each individual member of the partnership. If a
general partner cannot be found in this state and an agent for service of
process has not been appointed or, if appointed, the agent's authority has been
revoked or the agent cannot be found or served with the exercise of reasonable
diligence, service of process may be effected by service upon the Secretary of
State as agent of the limited partnership as provided for in s. 48.181, or
process may be served as provided in ss. 48.071 and 48.21.
History. - s. 13,
Nov. 23, 1828; RS 1017; GS 1404; RGS 2601; CGL 4248; s. 4, ch. 67-254; s. 74,
ch. 86-263; s. 3, ch. 87-405; s. 272, ch. 95-147.
Note. - Former s.
47.15.
SERVICE ON AGENTS OF NONRESIDENTS DOING
BUSINESS IN THE STATE
When any natural person
or partnership not residing or having a principal place of business in this
state engages in business in this state, process may be served on the person
who is in charge of any business in which the defendant is engaged within this
state at the time of service, including agents soliciting orders for goods,
wares, merchandise or services. Any process so served is as valid as if served
personally on the nonresident person or partnership engaging in business in
this state in any action against the person or partnership arising out of such
business. A copy of such process with a notice of service on the person in
charge of such business shall be sent forthwith to the nonresident person or
partnership by registered or certified mail, return receipt requested. An
affidavit of compliance with this section shall be filed before the return day
or within such further time as the court may allow.
History. - s. 1,
ch. 59-280; s. 4, ch. 67-254; s. 273, ch. 95-147.
Note. - Former s.
47.161.
SERVICE ON CORPORATION
1. Process against any private corporation,
domestic or foreign, may be served:
a. On the president or vice president, or
other head of the corporation;
b. In the absence of any person described in
paragraph (a), on the cashier, treasurer, secretary, or general manager;
c. In the absence of any person described in
paragraph (a) or paragraph (b), on any director; or
d. In the absence of any person described in
paragraph (a), paragraph (b), or paragraph (c), on any officer or business
agent residing in the state.
2. If a foreign corporation has none of the
foregoing officers or agents in this state, service may be made on any agent
transacting business for it in this state.
3. As an alternative to all of the
foregoing, process may be served on the agent designated by the corporation
under s. 48.091. However, if service cannot be made on a registered agent
because of failure to comply with s. 48.091, service of process shall be
permitted on any employee at the corporation's place of business.
4. This section does not apply to service of
process on insurance companies.
5. When a corporation engages in substantial
and not isolated activities within this state, or has a business office within
the state and is actually engaged in the transaction of business therefrom,
service upon any officer or business agent while on corporate business within
this state may personally be made, pursuant to this section, and it is not
necessary in such case that the action, suit, or proceeding against the
corporation shall have arisen out of any transaction or operation connected
with or incidental to the business being transacted within the state.
History. - s. 8,
Nov. 21, 1829; s. 2, Feb. 11, 1834; s. 1, ch. 3590, 1885; RS 1019; GS 1406; s.
1, ch. 6908, 1915; s. 1, ch. 7752, 1918; RGS 2604; CGL 4251; s. 1, ch. 57-97;
ss. 1, 2, 3, ch. 59-46; s. 4, ch. 67-254; s. 1, ch. 67-399; s. 6, ch. 79-396;
s. 7, ch. 83-216; s. 1, ch. 84-2.
Note. - Former s.
47.17.
SERVICE ON DISSOLVED CORPORATIONS
When any natural
person or partnership not residing or having a principal place of business in
this state engages in business in this state, process may be served on the
person who is in charge of any business in which the defendant is engaged
within this state at the time of service, including agents soliciting orders
for goods, wares, merchandise or services. Any process so served is as valid as
if served personally on the nonresident person or partnership engaging in
business in this state in any action against the person or partnership arising
out of such business. A copy of such process with a notice of service on the
person in charge of such business shall be sent forthwith to the nonresident
person or partnership by registered or certified mail, return receipt
requested. An affidavit of compliance with this section shall be filed before
the return day or within such further time as the court may allow.
History. - s. 1,
ch. 59-280; s. 4, ch. 67-254; s. 273, ch. 95-147.
Note. - Former s.
47.161.
SERVICE ON PUBLIC AGENCIES AND OFFICERS
1. 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:
a. On the president, mayor, chair, or other
head thereof; and in his or her absence;
b. On the vice president, vice mayor, or
vice chair, or in the absence of all of the above;
c. On any member of the governing board,
council, or commission.
2. Process against any public agency, board,
commission, or department not a body corporate or having a governing board or
commission shall be served on the public officer being sued or the chief
executive officer of the agency, board, commission, or department.
3. In any suit in which the Department of
Revenue or its successor is a party, process against the department shall be
served on the executive director of the department. This procedure is to be in
lieu of any other provision of general law, and shall designate said department
to be the only state agency or department to be so served.
History. - ss. 1,
2, ch. 3242, 1881; RS 581, 1021, 1022; GS 774, 1408, 1409; RGS 1494, 2606,
2607; CGL 2203, 4253, 4254; s. 4, ch. 67-254; s. 1, ch. 73-73; s. 8, ch.
83-216; s. 274, ch. 95-147.
Note. - Former ss.
47.20, 47.21.
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. The state may serve motions or pleadings within
40 days after service is made.
History. - s. 2,
ch. 29724, 1955; s. 4, ch. 67-254.
Note. - Former s.
69.18.
SERVICE ON ALIEN PROPERTY CUSTODIAN
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, in addition to the giving of the notice or
service of process, a copy of the notice or process shall be sent by registered
or certified mail to the alien property custodian, addressed to him or her at
Washington, District of Columbia; but failure to mail a copy of the notice or
process to the alien property custodian does not invalidate the action or
proceeding. History. - s. 1, ch. 22074, 1943; s. 4, ch. 67-254; s. 275, ch.
95-147.
Note. - Former s.
47.51.
SERVICE ON LABOR UNIONS
Process against
labor organizations shall be served on the president or other officer, business
agent, manager or person in charge of the business of such labor organization.
History. - s. 4,
ch. 67-254.
SERVICE ON STATUTORY AGENTS FOR CERTAIN
PERSONS
1. When any law designates a public officer,
board, agency, or commission as the agent for service of process on any person,
firm, or corporation, service of process thereunder shall be made by leaving
two copies of the process with the public officer, board, agency, or commission
or in the office thereof, or by mailing said copies to the public officer,
board, agency, or commission. The public officer, board, agency, or commission
so served shall file one copy in his or her or its records and promptly send
the other copy, by registered or certified mail, to the person to be served as
shown by his or her or its records. Proof of service on the public officer,
board, agency, or commission shall be by a notice accepting the process which
shall be issued by the public officer, board, agency, or commission promptly
after service and filed in the court issuing the process. The notice accepting
service shall state the date upon which the copy of the process was mailed by the
public officer, board, agency, or commission to the person being served and the
time for pleading prescribed by the rules of procedure shall run from this
date. The service is valid service for all purposes on the person for whom the
public officer, board, agency, or commission is statutory agent for service of
process.
2. This section does not apply to
substituted service of process on nonresidents.
3. The Insurance Commissioner and Treasurer
or his or her assistant or deputy or another person in charge of the office is
the agent for service of process on all insurers applying for authority to
transact insurance in this state, all licensed nonresident insurance agents,
all nonresident disability insurance agents licensed by the Department of
Insurance pursuant to s. 626.835, any unauthorized insurer under s. 626.906 or
s. 626.937, domestic reciprocal insurers, fraternal benefit societies under
chapter 632, automobile inspection and warranty associations, ambulance service
associations, and persons required to file statements under s. 628.461.
4. The Comptroller 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 Department of Banking and
Finance, for any violation of any provision of chapter 517.
5. The Secretary of State 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 for
violations of chapter 212.
History. - s. 4,
ch. 67-254; ss. 10, 12, 13, 35, ch. 69-106; s. 14, ch. 71-355; s. 29, ch.
71-377; s. 2, ch. 76-100; s. 16, ch. 79-164; s. 4, ch. 83-215; s. 1, ch.
87-316; s. 10, ch. 90-248; s. 276, ch. 95-147.
METHOD OF SUBSTITUTED SERVICE ON NONRESIDENT
1. When authorized by law, substituted
service of process on a nonresident or a person who conceals his or her
whereabouts by serving a public officer designated by law shall be made by
leaving a copy of the process with a fee of $8.75 with the public officer or in
his or her office or by mailing the copies by certified mail to the public
officer with the fee. The service is sufficient service on a defendant who has
appointed a public officer as his or her agent for the service of process. Notice
of service and a copy of the process shall be sent forthwith by registered or
certified mail by the plaintiff or his or her attorney to the defendant, and
the defendant's return receipt and the affidavit of the plaintiff or his or her
attorney of compliance shall be filed on or before the return day of the
process or within such time as the court allows, or the notice and copy shall
be served on the defendant, if found within the state, by an officer authorized
to serve legal process, or if found without the state, by a sheriff or a deputy
sheriff of any county of this state or any duly constituted public officer
qualified to serve like process in the state or jurisdiction where the
defendant is found. The officer's return showing service shall be filed on or
before the return day of the process or within such time as the court allows.
The fee paid by the plaintiff to the public officer shall be taxed as cost if
he or she prevails in the action. The public officer shall keep a record of all
process served on him or her showing the day and hour of service.
2. If any person on whom service of process
is authorized under subsection (1) dies, service may be made on his or her
administrator, executor, curator, or personal representative in the same
manner.
3. This section does not apply to persons on
whom service is authorized under s. 48.151.
4. The public officer may designate some
other person in his or her office to accept service.
History. - ss. 2, 4,
ch. 17254, 1935; CGL 1936 Supp. 4274 (8), (10); s. 1, ch. 59-382; s. 4, ch.
67-254; s. 4, ch. 71-114; s. 1, ch. 71-308; s. 57, ch. 90-132; s. 277, ch.
95-147.
Note. - Former ss.
47.30, 47.32.
SERVICE ON NONRESIDENT MOTOR VEHICLE
OWNERS, ETC
History. - s. 1,
ch. 17254, 1935; CGL 1936 Supp. 4274(7); ss. 1, 2, ch. 25003, 1949; s. 4, ch.
67-254; s. 278, ch. 95-147.
Note. - Former s.
47.29.
SERVICE ON NONRESIDENT ENGAGING IN
BUSINESS IN STATE
1. The acceptance by any person or persons,
individually or associated together as a copartnership or any other form or
type of association, who are residents of any other state or country, and all
foreign corporations, and any person who is a resident of the state and who
subsequently becomes a nonresident of the state or conceals his or her
whereabouts, of the privilege extended by law to nonresidents and others to
operate, conduct, engage in, or carry on a business or business venture in the
state, or to have an office or agency in the state, constitutes an appointment
by the persons and foreign corporations of the Secretary of State of the state
as their agent on whom all process in any action or proceeding against them, or
any of them, arising out of any transaction or operation connected with or
incidental to the business or business venture may be served. The acceptance of
the privilege is signification of the agreement of the persons and foreign
corporations that the process against them which is so served is of the same
validity as if served personally on the persons or foreign corporations.
2. If a foreign corporation has a resident
agent or officer in the state, process shall be served on the resident agent or
officer.
3. Any person, firm, or corporation which
sells, consigns, or leases by any means whatsoever tangible or intangible
personal property, through brokers, jobbers, wholesalers, or distributors to
any person, firm, or corporation in this state is conclusively presumed to be
both engaged in substantial and not isolated activities within this state and
operating, conducting, engaging in, or carrying on a business or business
venture in this state.
History. - s. 1,
ch. 6224, 1911; RGS 2602; CGL 4249; s. 1, ch. 26657, 1951; s. 1, ch. 57-747; s.
4, ch. 67-254; s. 2, ch. 84-2; s. 279, ch. 95-147.
Note. - Former s.
47.16.
SERVICE OF PROCESS IN ACTION FOR
POSSESSION OF PREMISES
1. In an action for possession of
residential premises or nonresidential premises, if the tenant cannot be found
in the county or there is no person 15 years of age or older residing at the
tenant's usual place of abode in the county after at least two attempts to
obtain service as provided above in this subsection, summons may be served by
attaching a copy to a conspicuous place on the property described in the
complaint or summons. The minimum time delay between the two attempts to obtain
service shall be 6 hours. Nothing herein shall be construed as prohibiting
service of process on a tenant as is otherwise provided on defendants in civil
cases.
2. If a landlord causes or anticipates
causing a defendant to be served with a summons and complaint solely by
attaching them to some conspicuous place on the property described in the
complaint or summons, the landlord shall provide the clerk of the court with an
additional copy of the complaint and a prestamped envelope addressed to the
defendant at the premises involved in the proceeding. The clerk of the court
shall immediately mail the copy of the summons and complaint by first-class
mail, note the fact of mailing in the docket, and file a certificate in the
court file of the fact and date of mailing. Service shall be effective on the
date of posting or mailing, whichever occurs later, and at least 5 days must
elapse from the date of service before a judgment for final removal of the
defendant may be entered.
History. - s. 4,
ch. 73-330; s. 1, ch. 75-34; s. 1, ch. 83-39; s. 2, ch. 84-339; s. 4, ch.
87-405; s. 1, ch. 88-379; s. 3, ch. 94-170; s. 2, ch. 98-410.
SERVICE ON NONRESIDENTS OPERATING
AIRCRAFT OR WATERCRAFT IN THE STATE
The operation,
navigation, or maintenance by a nonresident of an aircraft or a boat, ship,
barge, or other watercraft in the state, either in person or through others,
and the acceptance thereby by the nonresident of the protection of the laws of
this state for the aircraft or watercraft, or the operation, navigation, or
maintenance by a nonresident of an aircraft or a boat, ship, barge, or other
watercraft in the state, either in person or through others, other than under
the laws of the state, or any person who is a resident of the state and who
subsequently becomes a nonresident or conceals his or her whereabouts,
constitutes an appointment by the nonresident of the Secretary of State as the
agent of the nonresident or concealed person on whom all process may be served
in any action or proceeding against the nonresident or concealed person growing
out of any accident or collision in which the nonresident or concealed person
may be involved while, either in person or through others, operating,
navigating, or maintaining an aircraft or a boat, ship, barge, or other
watercraft in the state. The acceptance by operation, navigation, or
maintenance in the state of the aircraft or watercraft is signification of the
nonresident's or concealed person's agreement that process against him or her
so served shall be of the same effect as if served on him or her personally.
History. - s. 1,
ch. 59-148; s. 1, ch. 65-118; s. 4, ch. 67-254; s. 2, ch. 70-90; s. 280, ch.
95-147.
Note. - Former s.
47.162.
ACTS SUBJECTING PERSON TO
JURISDICTION OF COURTS OF STATE
1. (1) Any person, whether or not a citizen
or resident of this state, who personally or through an agent does any of the
acts enumerated in this subsection thereby submits himself or herself and, if he
or she is a natural person, his or her personal representative to the
jurisdiction of the courts of this state for any cause of action arising from
the doing of any of the following acts:
a. Operating, conducting, engaging in, or
carrying on a business or business venture in this state or having an office or
agency in this state.
b. Committing a tortious act within this
state.
c. Owning, using, possessing, or holding a
mortgage or other lien on any real property within this state.
d. Contracting to insure any person,
property, or risk located within this state at the time of contracting.
e. With respect to a proceeding for alimony,
child support, or division of property in connection with an action to dissolve
a marriage or with respect to an independent action for support of dependents,
maintaining a matrimonial domicile in this state at the time of the
commencement of this action or, if the defendant resided in this state
preceding the commencement of the action, whether cohabiting during that time or
not. This paragraph does not change the residency requirement for filing an
action for dissolution of marriage.
f. Causing injury to persons or property
within this state arising out of an act or omission by the defendant outside
this state, if, at or about the time of the injury, either:
1. The defendant was engaged in solicitation
or service activities within this state; or
2. Products, materials, or things processed,
serviced, or manufactured by the defendant anywhere were used or consumed
within this state in the ordinary course of commerce, trade, or use.
g. Breaching a contract in this state by
failing to perform acts required by the contract to be performed in this state.
h. With respect to a proceeding for
paternity, engaging in the act of sexual intercourse within this state with
respect to which a child may have been conceived.
2. A defendant who is engaged in substantial
and not isolated activity within this state, whether such activity is wholly
interstate, intrastate, or otherwise, is subject to the jurisdiction of the
courts of this state, whether or not the claim arises from that activity.
3. Service of process upon any person who is
subject to the jurisdiction of the courts of this state as provided in this
section may be made by personally serving the process upon the defendant
outside this state, as provided in s. 48.194. The service shall have the same
effect as if it had been personally served within this state.
4. If a defendant in his or her pleadings
demands affirmative relief on causes of action unrelated to the transaction
forming the basis of the plaintiff's claim, the defendant shall thereafter in
that action be subject to the jurisdiction of the court for any cause of
action, regardless of its basis, which the plaintiff may by amendment assert
against the defendant.
5. Nothing contained in this section limits
or affects the right to serve any process in any other manner now or
hereinafter provided by law.
History. - s. 1,
ch. 73-179; s. 3, ch. 84-2; s. 3, ch. 88-176; s. 3, ch. 93-250; s. 281, ch.
95-147.
PERSONAL SERVICE OUTSIDE STATE
1. Except as otherwise provided herein,
service of process on persons outside of this state shall be made in the same
manner as service within this state by any officer authorized to serve process
in the state where the person is served. No order of court is required. An
affidavit of the officer shall be filed, stating the time, manner, and place of
service. The court may consider the affidavit, or any other competent evidence,
in determining whether service has been properly made. Service of process on
persons outside the United States may be required to conform to the provisions
of the Hague Convention on the Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters.
2. Where in rem or quasi in rem relief is
sought in a foreclosure proceeding as defined by s. 702.09, service of process
on a person outside of this state where the address of the person to be served
is known may be made by registered mail as follows:
a. The party's attorney or the party, if the
party is not represented by an attorney, shall place a copy of the original
process and the complaint, petition, or other initial pleading or paper and, if
applicable, the order to show cause issued pursuant to s. 702.10 in a sealed
envelope with adequate postage addressed to the person to be served.
b. The envelope shall be placed in the mail
as registered mail.
c. Service under this subsection shall be
considered obtained upon the signing of the return receipt by the person
allowed to be served by law.
3. If the registered mail which is sent as
provided for in subsection (2) is returned with an endorsement or stamp showing
"refused," the party's attorney or the party, if the party is not
represented by an attorney, may serve original process by first-class mail. The
failure to claim registered mail is not refusal of service within the meaning
of this subsection. Service of process pursuant to this subsection shall be
perfected as follows:
a. The party's attorney or the party, if the
party is not represented by an attorney, shall place a copy of the original
process and the complaint, petition, or other initial pleading or paper and, if
applicable, the order to show cause issued pursuant to s. 702.10 in a sealed
envelope with adequate postage addressed to the person to be served.
b. The envelope shall be mailed by
first-class mail with the return address of the party's attorney or the party,
if the party is not represented by an attorney, on the envelope.
c. Service under this subsection shall be
considered obtained upon the mailing of the envelope.
4. If service of process is obtained under
subsection (2), the party's attorney or the party, if the party is not represented
by an attorney, shall file an affidavit setting forth the return of service.
The affidavit shall state the nature of the process; the date on which the
process was mailed by registered mail; the name and address on the envelope
containing the process; the fact that the process was mailed registered mail
return receipt requested; who signed the return receipt, if known, and the
basis for that knowledge; and the relationship between the person who signed
the receipt and the person to be served, if known, and the basis for that
knowledge. The return receipt from the registered mail shall be attached to the
affidavit. If service of process is perfected under subsection (3), the party's
attorney or the party, if the party is not represented by an attorney, shall
file an affidavit setting forth the return of service. The affidavit shall
state the nature of the process; the date on which the process was mailed by
registered mail; the name and address on the envelope containing the process
that was mailed by registered mail; the fact that the process was mailed
registered mail and was returned with the endorsement or stamp
"refused"; the date, if known, the process was "refused";
the date on which the process was mailed by first-class mail; the name and address
on the envelope containing the process that was mailed by first-class mail; and
the fact that the process was mailed by first-class mail with a return address
of the party or the party's attorney on the envelope. The return envelope from
the attempt to mail process by registered mail and the return envelope, if any,
from the attempt to mail the envelope by first-class mail shall be attached to
the affidavit.
History. - s. 1,
ch. 73-179; s. 4, ch. 93-250; s. 7, ch. 97-278.
Case Notes:
1. Out-of-state service is permitted under
law of Florida if it is made in the same manner as in-state service and is made
by an officer authorized to serve process in the state where the process is
served. Thompson v. King, D.C. 523 F.Supp. 180 (1981).
2. [Section 48.194] permitting
extraterritorial service of process to be served by officers of sister states
is not in conflict with §48.011 directing that all process be directed to
sheriffs of state. Electro Engineering Products Co. Inc. v. Lewis, 352 So.2d
862 (1977).
SERVICE OF FOREIGN PROCESS
1. The service of process issued by a court
of a state other than Florida may be made by the sheriffs of this state in the
same manner as service of process issued by Florida courts. The provisions of
this section shall not be interpreted to permit a sheriff to take any action
against personal property, real property, or persons.
2. An officer serving such foreign process
shall be deemed as acting in the performance of his or her duties for the
purposes of ss. 30.01, 30.02, 843.01, and 843.02, but shall not be held liable
as provided in s. 839.19 for failure to execute any process delivered to him or
her for service.
3. The sheriffs shall be entitled to charge
fees for the service of foreign process, and the fees shall be the same as fees
for the service of comparable process for the Florida courts. When the service
of foreign process requires duties to be performed in excess of those required
by Florida courts, the sheriff may perform the additional duties and may
collect reasonable additional compensation for the additional duties performed.
History. - s. 7,
ch. 79-396; s. 36, ch. 81-259; s. 11, ch. 91-45; s. 282, ch. 95-147.
SERVICE OF PROCESS IN CONNECTION WITH
ACTIONS UNDER THE FLORIDA INTERNATIONAL ARBITRATION ACT
1. Any process in connection with the
commencement of an action before the courts of this state under chapter 684,
the Florida International Arbitration Act, shall be served:
a. In the case of a natural person, by
service upon:
1. That person;
2. Any agent for service of process
appointed in, or pursuant to, any applicable agreement or by operation of any
law of this state; or
3. Any person authorized by the law of the
jurisdiction where process is served to accept service for that person.
b. In the case of any person other than a
natural person, by service upon:
1. Any agent for service of process
appointed in, or pursuant to, any applicable agreement or by operation of any
law of this state;
2. Any person authorized by the law of the
jurisdiction where process is being served to accept service for that person;
or
3. Any person, whether natural or otherwise
and wherever located, who by operation of law or internal action is an officer,
business agent, director, general partner, or managing agent or director of the
person being served; or
4. Any partner, joint venturer, member or
controlling shareholder, wherever located, of the person being served, if the
person being served does not by law or internal action have any officer,
business agent, director, general partner, or managing agent or director.
2. The process served under subsection (1)
shall include a copy of the application to the court together with all
attachments thereto and shall be served in the following manner:
a. In any manner agreed upon, whether
service occurs within or without this state;
b. If service is within this state:
1. In the manner provided in ss. 48.021 and
48.031, or
2. If applicable under their terms, in the
manner provided in ss. 48.161, 48.183, 48.23, or chapter 49; or
c. If service is outside this state:
1. By personal service by any person
authorized to serve process in the jurisdiction where service is being made or
by any person appointed to do so by any competent court in that jurisdiction;
2. In any other manner prescribed by the
laws of the jurisdiction where service is being made for service in an action
before a local court of competent jurisdiction;
3. In the manner provided in any applicable
treaty to which the United
