Process Serving in Florida

Florida civil process is generally served by the sheriff of the county where the person is found. For eligible initial nonenforceable civil process, service may also be performed by a certified process server approved for the judicial circuit or by a sheriff-appointed special process server. Florida’s trial courts are organized into circuit and county courts. Service requirements are primarily set by Florida Statutes chapter 48 and the Florida Rules of Civil Procedure.

Court Runner USA connects you with certified process servers who serve papers across Florida.

General information, not legal advice. Last checked October 2026.

Sources:

• Florida Statutes, chapter 48
• Florida Courts: circuit trial courts
• Florida Supreme Court, amendments to Florida Rule of Civil Procedure 1.070, effective April 1, 2026

The sheriff of the county where the person is found serves process by default. A certified process server may serve initial nonenforceable civil process when listed for the circuit where service is to occur. A chief judge may establish a circuit list, and the server must qualify and be recertified annually. Florida Statutes § 48.29 requires certified servers to be at least 18, permanent state residents, complete a background investigation and certificate of good conduct, execute a $5,000 bond, and take an oath; a chief judge may require an examination.

A sheriff may also appoint special process servers for service in that sheriff’s county. Those applicants must be at least 18, permanent Florida residents, pass the required background and good-conduct checks and examination, and take an oath. Civil witness subpoenas may be served by persons authorized under the rules of civil procedure. A server must be disinterested in the process served.

Sources:

• Fla. Stat. § 48.021: who may serve and sheriff-appointed servers
• Fla. Stat. §§ 48.27 and 48.29: certified servers
• Fla. Stat. § 48.31: disinterested server requirement

For an individual, original process is generally served by delivering copies to the person or leaving copies at the person’s usual abode with a resident who is at least 15 and informing that person of their contents. Statutory alternatives include service on a spouse in limited circumstances and service on a person in charge of a sole proprietorship after two attempts to serve the owner. Special rules govern minors, persons declared incompetent, and subpoenas.

Corporations and LLCs generally are served through the registered agent, with statutory fallback recipients and, after due diligence, possible service through the Secretary of State or a court-ordered alternative. Florida law authorizes a court, after due diligence, to order another reasonably effective service method for specified business entities, including electronic service. Secretary of State substituted service under applicable statutes generally also requires notice to the party and an affidavit of compliance. Publication is governed by chapter 49 and is available only in the statutorily permitted cases after the required sworn statement and search.

Posting is not a general substitute for service. Special posting-and-mailing procedures apply to certain possession-of-premises cases and statutory proceedings involving unknown occupants. A defendant may accept service by mail under Florida Rule of Civil Procedure 1.070; the 2026 amendment, effective April 1, 2026, includes registered mail as an allowed dispatch method for the waiver request.

Sources:

• Fla. Stat. §§ 48.031, 48.041 and 48.042
• Fla. Stat. §§ 48.062, 48.081 and 48.102: entities and alternative service
• Fla. Stat. § 48.161: Secretary of State substituted service
• Fla. Stat. §§ 48.183–48.184: posting in specified possession actions
• Fla. Stat. chapter 49: constructive service
• Florida Supreme Court, 2026 Rule 1.070 amendments

Florida Rule of Civil Procedure 1.070 generally requires service of initial process and the initial pleading within 120 days after filing. If service is not completed in that period, the court may direct service within a specified time or dismiss without prejudice, subject to the rule’s good-cause and excusable-neglect provisions.

A defendant generally must serve an answer within 20 days after service of original process and the initial pleading. A publication notice sets its own response date under the governing statute; for most chapter 49 publication cases, the response date is 28 to 60 days after first publication, while foreclosure publication has a 30-day period. Florida Statutes § 48.20 makes Sunday service or execution void unless a judge authorizes it on the required affidavit-based showing.

Sources:

• Florida Rules of Civil Procedure 1.070 and 1.140, Florida Supreme Court materials
• Florida Rule of Civil Procedure 1.140: answer period
• Fla. Stat. § 49.09: publication response deadline
• Fla. Stat. § 48.20: Sunday service

Service or execution on Sunday of a writ, process, warrant, order or judgment is void unless the requesting party makes the statutory affidavit and a trial-court judge authorizes Sunday service or execution. The statute provides a damages remedy for a violation.

Certified and special process servers must be disinterested in the process they serve. Certified servers are limited to the approved judicial circuit for the process described by statute; sheriff-appointed special servers may serve only in the appointing sheriff’s county. Some special classes of recipients, including minors and persons declared incompetent, have separate statutory service rules. Florida law also requires employers to allow an authorized server to serve an employee in a private area designated by the employer when contacted.

Sources:

• Fla. Stat. §§ 48.20, 48.21 and 48.31
• Fla. Stat. §§ 48.021 and 48.27–48.29
• Fla. Stat. § 48.031: employer access and service on individuals

Florida’s return-of-service form must state when the process came to the server, when it was served, the manner of service, the name of the person served, and, for representative service, the person’s position. It must list all pleadings and documents served and be signed by the person who served them; an authorized server may use an electronic signature. The statute says omission of required facts or signature invalidates service, although the return may be amended on application to the issuing court.

The person requesting service or the authorized server must file the return with the court. Florida law also requires the server to place the date and time of service and the server’s initials or signature, and applicable identification number, on the first page of at least one process served. For Secretary of State substituted service, additional proof, notice and an affidavit of compliance are required by the governing statute.

Sources:

• Fla. Stat. §§ 48.031(5), 48.21 and 48.29(6)
• Fla. Stat. § 48.161: substituted service and affidavit of compliance