Chapter 48 — Chapter 48
38 sections in this chapter.
Fla. Stat. § 48.011 Process; how directed
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Summons, subpoenas, and other process in civil actions run throughout the state. All process except subpoenas shall be directed to all and singular the sheriffs of the state.
Fla. Stat. § 48.021 Process; by whom served
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(1) All process shall be served by the sheriff of the county where the person to be served is found, except nonenforceable civil process, criminal witness subpoenas, and criminal summonses may be served by a special process server appointed by the sheriff as provided in this sect…
Fla. Stat. § 48.031 Service of process generally; service of witness subpoenas
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(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…
Fla. Stat. § 48.041 Service on minor
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(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…
Fla. Stat. § 48.042 Service on incompetent
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(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 t…
Fla. Stat. § 48.051 Service on state prisoners
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Process against a state prisoner shall be served on the prisoner.
Fla. Stat. § 48.061 Service on partnerships, limited liability partnerships, and limited partnerships
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(1)(a) Process against a partnership that is not a limited liability partnership or a limited partnership, including a limited liability limited partnership, must be served on any partner and is as valid for service on the partnership as if served on each individual partner.1. If…
Fla. Stat. § 48.062 Service on a domestic limited liability company or registered foreign limited liability company
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(1) As used in this section, the term “registered foreign limited liability company” means a foreign limited liability company that has an active certificate of authority to transact business in this state pursuant to a record filed with the Department of State.(2) A domestic lim…
Fla. Stat. § 48.071 Service on agents of nonresidents doing business in the state
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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 ser…
Fla. Stat. § 48.081 Service on a domestic corporation or registered foreign corporation
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(1) As used in this section, the term “registered foreign corporation” means a foreign corporation that has an active certificate of authority to transact business in this state pursuant to a record filed with the Department of State.(2) A domestic corporation or registered forei…
Fla. Stat. § 48.091 Partnerships, corporations, and limited liability companies; designation of registered agent and registered office
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(1) As used in this section, the term:(a) “Registered foreign corporation” and “registered foreign limited liability company” have the same meanings as in ss. 48.081 and 48.062, respectively.(b) “Registered foreign limited liability partnership” or “registered foreign limited par…
Fla. Stat. § 48.092 Service on financial institutions
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Service on financial institutions must be made in accordance with s. 655.0201.
Fla. Stat. § 48.101 Service on dissolved corporations, dissolved limited liability companies, dissolved limited partnerships, and dissolved limited liability partnerships
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(1) Process against the directors of any corporation that was dissolved before July 1, 1990, as trustees of the dissolved corporation must be served on one or more of the directors of the dissolved corporation as trustees thereof and binds all of the directors of the dissolved co…
Fla. Stat. § 48.102 Service by other means
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If, after due diligence, a party seeking to effectuate service is unable to effectuate personal service of process on a domestic or foreign corporation; a domestic or foreign general partnership, including a limited liability partnership; a domestic or foreign limited partnership…
Fla. Stat. § 48.111 Service on public agencies and officers
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(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 registered agent; or(b) If the municipal …
Fla. Stat. § 48.121 Service on the state
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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 Atto…
Fla. Stat. § 48.131 Service on alien property custodian
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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…
Fla. Stat. § 48.141 Service on labor unions
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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.
Fla. Stat. § 48.151 Service on statutory agents for certain persons
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(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 one copy of the process with the public officer, board, agency, or commission…
Fla. Stat. § 48.161 Method of substituted service on nonresident
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(1) When authorized by law, substituted service of process on a nonresident individual or a corporation or other business entity incorporated or formed under the laws of any other state, territory, or commonwealth, or the laws of any foreign country, may be made by sending a copy…
Fla. Stat. § 48.171 Service on nonresident motor vehicle owners, etc
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Any nonresident of this state, being the operator or owner of any motor vehicle, who accepts the privilege extended by the laws of this state to nonresident operators and owners, of operating a motor vehicle or of having it operated, or of permitting any motor vehicle owned, or l…
Fla. Stat. § 48.181 Substituted service on nonresidents and foreign business entities engaging in business in state or concealing their whereabouts
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(1) As used in this section, the term “foreign business entity” means any corporation or other business entity that is incorporated, formed, or existing under the laws of any other state, territory, or commonwealth, or the laws of any foreign country.(2) The acceptance by any ind…
Fla. Stat. § 48.183 Service of process in action for possession of premises
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(1) In an action for possession of any residential premises, including those under chapters 83, 723, and 513, 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 th…
Fla. Stat. § 48.184 Service of process for removal of unknown parties in possession
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(1) This section applies only to actions governed by s. 82.03, s. 83.21, s. 83.59, or s. 723.061 and only to the extent that such actions seek relief for the removal of an unknown party or parties in possession of real property. The provisions of this section are cumulative to ot…
Fla. Stat. § 48.19 Service on nonresidents operating aircraft or watercraft in the state
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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 wa…
Fla. Stat. § 48.193 Acts subjecting person to jurisdiction of courts of state
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(1)(a) A 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 jurisdict…
Fla. Stat. § 48.194 Personal service in another state, territory, or commonwealth of the United States
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(1) Except as otherwise provided herein, service of process on a party in another state, territory, or commonwealth of the United States must be made in the same manner as service within this state by any person authorized to serve process in the state where service shall be made…
Fla. Stat. § 48.195 Service of foreign process
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(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 a…
Fla. Stat. § 48.196 Service of process in connection with actions under the Florida International Commercial Arbitration Act
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(1) Any process in connection with the commencement of an action before the courts of this state under chapter 684, the Florida International Commercial Arbitration Act, shall be served:(a) In the case of a natural person, by service upon:1. That person;2. Any agent for service o…
Fla. Stat. § 48.197 Service in a foreign country
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(1) Service of process may be effectuated in a foreign country upon a party, other than a minor or an incompetent person, as provided in any of the following:(a) By any internationally agreed-upon means of service reasonably calculated to give actual notice of the proceedings, su…
Fla. Stat. § 48.20 Service of process on Sunday
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Service or execution on Sunday of any writ, process, warrant, order, or judgment is void and the person serving or executing, or causing it to be served or executed, is liable to the party aggrieved for damages for so doing as if he or she had done it without any process, writ, w…
Fla. Stat. § 48.21 Return of execution of process
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(1) Each person who effects service of process shall note on a return-of-service form attached thereto the date and time when it comes to hand, the date and time when it is served, the manner of service, the name of the person on whom it was served, and, if the person is served i…
Fla. Stat. § 48.22 Cumulative to other laws
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All provisions of this chapter are cumulative to other provisions of law or rules of court about service of process, and all other provisions about service of process are cumulative to this chapter.
Fla. Stat. § 48.23 Lis pendens
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(1)(a) An action in any of the state or federal courts in this state operates as a lis pendens on any real or personal property involved therein or to be affected thereby only if a notice of lis pendens is recorded in the official records of the county where the property is locat…
Fla. Stat. § 48.25 Short title
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Sections 48.25-48.31 may be cited as the “Florida Certified Process Server Act.”
Fla. Stat. § 48.27 Certified process servers
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(1) The chief judge of each judicial circuit may establish an approved list of natural persons designated as certified process servers. The chief judge may periodically add to such list the names of those natural persons who have met the requirements for certification provided fo…
Fla. Stat. § 48.29 Certification of process servers
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(1) The circuit court administrator and the clerk of the court in each county in the circuit shall maintain the list of process servers approved by the chief judge of the circuit. Such list may, from time to time, be amended or modified to add or delete a person’s name in accorda…
Fla. Stat. § 48.31 Removal of certified process servers; false return of service
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(1) A certified process server may be removed from the list of certified process servers for any malfeasance, misfeasance, neglect of duty, or incompetence, as provided by court rule.(2) A certified process server must be disinterested in any process he or she serves; if the cert…