Florida Rules of Civil Procedure

Rules of civil procedure and service of process requirements for Florida.

Last updated October 22, 2026

Florida's rules for serving a summons are in Chapter 48 of the Florida Statutes, with service by publication in Chapter 49. Court procedure, including the deadline to serve and the time to answer, is in the Florida Rules of Civil Procedure, mainly Rules 1.070 and 1.140.

Florida regulates who can serve. Process servers are appointed by a county sheriff or certified by the chief judge of a judicial circuit. Several service rules changed in 2022 (chapter 2022-190, Laws of Florida), including court-ordered electronic service on businesses.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current statutes on Online Sunshine (the Florida Legislature's site) or ask an attorney before relying on it.

Florida process servers

Quick facts: process serving in Florida

  • Who can serve: The sheriff of the county where the person is found, a special process server appointed by the sheriff, a certified process server, or a person appointed by the court (s. 48.021, s. 48.27, Rule 1.070(b)).
  • Licensing: Yes. Private servers need a sheriff's appointment (one county) or certification by the chief judge of a circuit (s. 48.29).
  • Deadline to serve: Within 120 days after the initial pleading is filed, or the court must order service by a set date or dismiss that defendant without prejudice (Rule 1.070(j)).
  • Substituted service: Leaving copies at the person's usual place of abode with a resident who is 15 or older, after telling them what the papers are (s. 48.031(1)(a)).
  • Proof of service: A signed return of service with the details required by s. 48.21. Electronic signatures are allowed.
  • Time to respond: 20 days after service in most cases, and 40 days for the state or its agencies (Rule 1.140(a)).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across Florida. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job.

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Florida process server certification and appointment

Florida has two routes for private process servers. Both let you serve initial nonenforceable civil process, such as a summons, plus criminal witness subpoenas and criminal summonses.

Special process servers: s. 48.021

A sheriff may keep a list of special process servers (s. 48.021(2)). Applicants must:

  • Be at least 18, a permanent Florida resident, and without mental or legal disability
  • Pass a background investigation and provide a certificate of good conduct (no pending criminal case, no felony conviction, and no misdemeanor involving moral turpitude or dishonesty in the past 5 years)
  • Pass a test on service-of-process law and take an oath

Appointments are renewed every year. A special process server may serve only in the county of the sheriff who appointed them.

Certified process servers: ss. 48.27 and 48.29

The chief judge of each circuit may keep a list of certified process servers (s. 48.27). Under s. 48.29, applicants must meet the same age, residency and background requirements, and:

  • Pass an exam if the chief judge requires one
  • Post a $5,000 surety bond, renewed every year
  • Take an oath of office and meet any other requirements in the circuit's administrative order

Certified servers get an ID card with their ID number and photo, renewed every year. You can be certified in more than one circuit and serve anywhere in the circuits where you're listed.

Filing a false return of service is a third-degree felony, and the server is permanently barred from serving process in Florida (s. 48.021(2)). For a step-by-step guide, see Become a Process Server in Florida.

How to serve a summons in Florida

Personal service: s. 48.031(1)(a)

Deliver a copy of the summons and initial pleading to the person. The server writes the date and hour of service on the copies (Rule 1.070(e)).

Substituted service at the home: s. 48.031(1)(a)

Leave copies at the person's usual place of abode with anyone 15 or older who lives there, after telling them what the papers are.

Substituted service on a spouse: s. 48.031(2)(a)

An authorized server can serve the person's spouse anywhere in the county, but only if the spouse asks for it or is a party, the two live together, and the case isn't between them.

Service at a sole proprietor's business: s. 48.031(2)(b)

After two failed attempts to serve the owner at the business, the server can leave the papers with the person in charge during regular business hours.

Private mailboxes and virtual offices: s. 48.031(6)

If the only address in the public records is a private mailbox, virtual office or executive suite, the server can leave the papers with the person in charge there, after confirming the person actually keeps a mailbox or office there.

Access to employers and gated communities: s. 48.031(1)(b), (7)

An employer must let an authorized server serve an employee in a private area the employer picks. A gated residential community, including condominium and cooperative associations, must allow a server unannounced entry to serve a resident or someone known to be there.

Service outside Florida: s. 48.194

A person in another U.S. state or territory can be served by anyone authorized to serve process there, in the same way as service in Florida. No court order is needed (s. 48.194). Service in a foreign country is covered by s. 48.197.

Service through the Secretary of State: s. 48.161

When a law allows it, a nonresident, a person hiding their whereabouts, or an out-of-state business can be served through the Secretary of State after due diligence. The serving party must also send notice and a copy by registered or certified mail or commercial delivery, plus email if the parties have recently and regularly communicated that way. An affidavit of compliance must be filed within 40 days (s. 48.161).

Waiver of service by mail: Rule 1.070(i)

A plaintiff can mail a request to waive service by certified or registered mail. The defendant has 20 days to return it (30 days if outside the U.S.). A defendant who refuses without good cause must pay the costs of formal service.

Service by publication: Chapter 49

Publication is allowed only in the kinds of cases listed in s. 49.011, and only after the plaintiff files a sworn statement of diligent search (ss. 49.031 to 49.071). See What is service by publication?

No service on Sunday: s. 48.20

Service of process on a Sunday is void, and the person who serves it can be liable for damages. A judge can authorize Sunday service if there's a sworn statement that the person plans to leave Florida on Sunday to avoid service (s. 48.20).

Serving businesses and other entities

  • Corporations (s. 48.081): Serve the registered agent. If there's no registered agent, or the agent can't be served after one good-faith attempt, serve the chair of the board, president, any vice president, secretary or treasurer, or anyone listed on the latest annual report. If that fails, serve the Secretary of State as agent, or ask the court for another method (s. 48.081).
  • LLCs (s. 48.062): Serve the registered agent. If that fails after one good-faith attempt, serve a manager (manager-managed), a member (member-managed) or anyone on the latest annual report, then the Secretary of State or a court-ordered method (s. 48.062).
  • Partnerships (s. 48.061): Separate rules apply to general and limited partnerships.
  • Court-ordered alternative service (s. 48.102): If a corporation, partnership or LLC can't be served after good-faith efforts, the court can approve another method reasonably effective to give actual notice, including email or other technology (s. 48.102, added in 2022).
  • Government: Public agencies and officers are served under s. 48.111, and the state under s. 48.121.

Registered agents and annual reports are listed on Sunbiz, the Florida Division of Corporations search.

Serving a subpoena in Florida

Civil witness subpoenas can be served by any person authorized under the Florida Rules of Civil Procedure (s. 48.021(1)). They're served the same way as a summons, by personal or substituted service (s. 48.031(3)(a)). Criminal witness subpoenas have their own rules, including mail service in some cases and posting at the residence after repeated failed attempts (s. 48.031(3)).

Proof of service

The server fills out a return of service attached to the process (s. 48.21). It must show:

  • The date and time the server received the process
  • The date and time of service
  • The manner of service
  • The name of the person served, and their position if served in a representative capacity
  • Every pleading and document served

The person who served the papers signs the return, and an electronic signature is allowed. On the first page of at least one copy served, the server must note the date and time of service and their initials or signature, plus their ID number if they have one (s. 48.031(5)). A certified process server's return must be on a form approved by the court (s. 48.29).

A return missing required facts or the signature makes service invalid, but it can be amended at any time and service then counts as if the return had been correct (s. 48.21(2)).

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This page is a general overview of Florida law, not legal advice. Laws change. Check the current statutes or talk to an attorney about your case.

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