Florida State Rules for service of process and licensing laws

The Federal Law on this subject is covered in Title 18 U.S.C. ï¿½ 1501, which provides in relevant part:

Assault on a Florida Process Server
Whoever knowingly and willingly obstructs, resists or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States...shall, except as otherwise provided by law, be fined not more than $300 or imprisoned not more than one year, or both.

Sheriffs in certain counties (currently about seven) will appoint individuals as a special process server. Applicants must be at least 18, be a permanent resident of the state, submit to an examination and execute a $5,000 bond.
[Florida Statutes ï¿½ 48.021]

The chief judge of each judicial circuit is empowered to certify process servers to serve process, and currently judges in approximately 30 counties grant such certifications. The requirements for becoming certified are essentially the same as the requirements for being appointed a special process server by the sheriff.
[Florida Statutes ï¿½ 48.27 ï¿½ 48.29]

All state court papers should be served in accordance with the law of the state having original jurisdiction (where the complaint is filed).

Several states do not permit documents to be served on Sundays or Holidays, but some of these states will permit service under special circumstances pursuant to Court Order.

doesn’t allow service on Sundays and Holidays per Florida Statutes ï¿½48.20

laws for prohibiting interference with service of process

2000 FLORIDA STATUTES
843.01 ï¿½ Resisting officer with violence
843.02 ï¿½ Resisting officer without violence to his or her person. ï¿½ Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the parole commission or any administrative aide or supervisor; personnel or representative of the Dept. of Law Enforcement; or other person legally authorized to execute process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in S. 775.082 or s. 775.083

Rules of Civil Procedure

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(a) 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.

Service; By Whom Made. . 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.

Service; Numerous Defendants. (d) Service of process by publication may be made as provided by statute.

Copies of Initial Pleading for Persons Served. (f) 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.

Fees; Service of Pleadings. (4) (5) (j) 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.

(a) 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.

) (1) (2) (c) 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.

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. (e) (1) (2) (f) 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.

Depositions Before Commissioners Appointed in This State by Courts of Other States, Subpoena Powers; etc. FloridaTitle VI - Civil Practice and Procedure

Summons; Issuance. 48.021 Process; by whom served.

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.

(a) (b) (c) (d) (e) (3) (4) 48.031 Service of process generally; service of witness subpoenas.

(a) (b) (2) 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.

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.

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) (b) 48.041 Service on minor.

Process against a minor who has never been married shall be served:

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.

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.

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.

(1) (a) (b) (2) 48.051 Service on state prisoners.

48.061 Service on partnerships and limited partnerships.

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.

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.

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.

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.

(1) (a) (b) (c) (d) (2) (3) (4) (5) 48.101 Service on dissolved corporations.

48.111 Service on public agencies and officers.

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:

On the president, mayor, chair, or other head thereof; and in his or her absence;

On the vice president, vice mayor, or vice chair, or in the absence of all of the above;

On any member of the governing board, council, or commission.

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.

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.

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.

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.

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.

(1) (2) (3) (4) (5) 48.161 Method of substituted service on nonresident.

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.

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.

This section does not apply to persons on whom service is authorized under s. 48.151.

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.

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.

(1) (2) (3) 48.183 Service of process in action for possession of premises.

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 b