Process serving is a fundamental component of the legal system, ensuring that individuals and entities are properly notified of legal actions against them. In Florida, the procedures and requirements for service of process are outlined in Chapter 48 of the Florida Statutes. This comprehensive guide delves into the key provisions governing process serving in the Sunshine State.
1. Authorized Individuals for Serving Process
According to Florida Statute §48.021, service of process can be executed by:
- Sheriffs: The primary individuals responsible for serving process within their respective counties.
- Special Process Servers: Appointed by the sheriff, these individuals must meet specific criteria, including being at least 18 years old, having no legal disabilities, and passing a background check.
- Certified Process Servers: Certified by the chief judge of the circuit court, they are authorized to serve process within the circuit where they are certified.
2. General Procedures for Service
Per Florida Statute §48.031, the standard methods for serving process include:
- Personal Delivery: Handing a copy of the process to the individual named.
- Substitute Service: If the individual cannot be found at their usual place of abode, the process can be left with any person residing therein who is 15 years of age or older, provided they are informed of the contents.
- Service on Spouses: Under certain conditions, service can be made on the spouse of the person to be served, as detailed in Florida Statute §48.031(2)(a).
3. Serving Specific Entities
The statutes provide guidelines for serving various entities:
- Corporations: Service can be made on the corporation’s registered agent, or in their absence, on specific officers or agents as outlined in Florida Statute §48.081.
- Partnerships: Service can be made on any partner, and if no partner is available during regular business hours, a designated employee may accept service. Details are provided in Florida Statute §48.061.
- Limited Liability Companies (LLCs): Service can be made on the registered agent or, if not available, on a member or manager of the LLC, as specified in Florida Statute §48.062.
4. Service by Publication
In situations where the defendant cannot be located after diligent search, Florida law allows for service by publication. This method is typically used in cases involving property or status and is governed by Chapter 49 of the Florida Statutes.
5. Return of Service
After serving process, the individual must promptly file a return of service with the court. This document details the date, time, and manner of service, ensuring transparency and accountability in the process.
6. Prohibited Times for Service
Florida Statute §48.20 prohibits the service of process on Sundays, except in cases where it is specifically authorized by court order.
7. Penalties for Improper Service
It’s crucial for process servers to adhere strictly to the statutes. Willful failure to execute process or making a false return can result in penalties, including fines and potential criminal charges, as outlined in Florida Statute §48.021(4).
At Accurate Serve® in JAX, We Follow the Letter of the Law
Understanding the statutes governing process serving in Florida is essential for legal professionals and individuals involved in legal proceedings. Adherence to these laws ensures that due process is upheld, maintaining the integrity of the legal system. If you need process served in Jacksonville, Orange Park, St. Augustine, or surrounding areas, Accurate Serve is here to help with reliable process service that is fully compliant with federal, state, and local laws. Find out how we can help streamline your legal case by calling the office closest to you or sending us a work request online.
Jacksonville (904) 735-7810
Orange Park (904) 579-2232
St. Augustine (904) 671-8482
