FL Process Serving Laws

Process Server Laws in Florida

34 laws and regulations governing process service in Florida

Requirements to Become a Process Server in Florida

New to the profession? Read the complete guide to becoming a process server for the practical steps, tools, and client-building basics that complement these Florida-specific requirements.

Credential

State license required — The sheriff of the county where the person is found serves process by default under Fla. Stat. § 48.021, except nonenforceable civil process, criminal witness subpoenas and criminal summonses. The chief judge of each judicial circuit may maintain an approved list of certified process servers under § 48.27, and certification authorizes service only on persons found within that circuit and is subject to annual recertification.

Age Requirement

18

Governing Statutes

Florida Statutes Chapter 48 (§§48.021, 48.27, 48.29, 48.031); Florida Rules of Civil Procedure Rule 1.070; Chapter 49 for service by publication

Special Requirements

Fla. Stat. § 48.29 requires an applicant to be 18 or older, undergo a background investigation, provide a certificate of good conduct showing no pending criminal case and no felony or moral-turpitude or dishonesty misdemeanor in the past five years, execute a $5,000 surety bond renewable annually, take an examination if the chief judge prescribes one, and pay an application fee set by the circuit. Fla. R. Civ. P. 1.070(b) still permits appointment of an individual by motion and order in a specific case.

Allowed Service Types

Personal service by delivery; substitute at abode (leave with resident 15+ informed of contents, §48.031(1)(a)); service on spouse (§48.031(2)(a)); service by publication after due diligence (Chapter 49)

Certification by judicial circuit

Florida is the only state where process-server certification is granted circuit by circuit. Under Fla. Stat. § 48.27 the chief judge of each judicial circuit may maintain an approved list of certified process servers, and that certification authorizes service only on persons found within that circuit — a server certified in the Ninth Judicial Circuit is not thereby certified in the Thirteenth. Section 48.29 sets the floor everywhere: at least 18 years old, a background investigation, a certificate of good conduct, a $5,000 surety bond renewable annually, an examination where the chief judge prescribes one, and an application fee set by the circuit. Everything above that floor — the fee, whether there is a written exam and what score passes, the training hours, the renewal calendar — is set by the circuit's own administrative order, so the requirements below are listed per circuit and sourced to that circuit's order.

First Judicial Circuit of Florida

Counties: Escambia, Okaloosa, Santa Rosa, Walton

Approved list
Set by the circuit's chief judge — confirm with the circuit's court administration.
Application fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Set by the circuit's chief judge — confirm with the circuit's court administration.
Bond
Set by the circuit's chief judge — confirm with the circuit's court administration.
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal
Set by the circuit's chief judge — confirm with the circuit's court administration.
Circuit site

Second Judicial Circuit of Florida

Counties: Franklin, Gadsden, Jefferson, Leon, Liberty, Wakulla

Approved list
Yes
Application fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Required; written
Bond
$5,000 minimum
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
Seminar is referenced; exact duration/content not stated on the page.
Renewal
For 2026–2027, on or before Friday, February 27, 2026.
Circuit siteCertification pageAdministrative orderCertified-server roster

Third Judicial Circuit of Florida

Counties: Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee, Taylor

Approved list
Set by the circuit's chief judge — confirm with the circuit's court administration.
Application fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Set by the circuit's chief judge — confirm with the circuit's court administration.
Bond
Set by the circuit's chief judge — confirm with the circuit's court administration.
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal
Set by the circuit's chief judge — confirm with the circuit's court administration.
Circuit siteCertification pageAdministrative order

Fourth Judicial Circuit of Florida

Counties: Clay, Duval, Nassau

Approved list
Set by the circuit's chief judge — confirm with the circuit's court administration.
Application fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Set by the circuit's chief judge — confirm with the circuit's court administration.
Bond
Set by the circuit's chief judge — confirm with the circuit's court administration.
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal
Set by the circuit's chief judge — confirm with the circuit's court administration.
Circuit site

Fifth Judicial Circuit of Florida

Counties: Citrus, Hernando, Lake, Marion, Sumter

Approved list
Yes
Application fee
$250 non-refundable; renewal $150
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Required
Bond
$5,000
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
16-hour training seminar over two days
Renewal
Renew before certification expiration; exact annual month not stated on page.

This is the most recent order published by the circuit at the time of review — confirm it is current before relying on it.

Circuit siteCertification pageAdministrative order

Sixth Judicial Circuit of Florida

Counties: Pasco, Pinellas

Approved list
Set by the circuit's chief judge — confirm with the circuit's court administration.
Application fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Set by the circuit's chief judge — confirm with the circuit's court administration.
Bond
Set by the circuit's chief judge — confirm with the circuit's court administration.
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal
Set by the circuit's chief judge — confirm with the circuit's court administration.
Circuit site

Seventh Judicial Circuit of Florida

Counties: Flagler, Putnam, St. Johns, Volusia

Approved list
Set by the circuit's chief judge — confirm with the circuit's court administration.
Application fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Set by the circuit's chief judge — confirm with the circuit's court administration.
Bond
Set by the circuit's chief judge — confirm with the circuit's court administration.
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal
Set by the circuit's chief judge — confirm with the circuit's court administration.
Circuit siteAdministrative order

Eighth Judicial Circuit of Florida

Counties: Alachua, Baker, Bradford, Gilchrist, Levy, Union

Approved list
Set by the circuit's chief judge — confirm with the circuit's court administration.
Application fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Set by the circuit's chief judge — confirm with the circuit's court administration.
Bond
Set by the circuit's chief judge — confirm with the circuit's court administration.
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal
Set by the circuit's chief judge — confirm with the circuit's court administration.
Circuit site

Ninth Judicial Circuit of Florida

Counties: Orange, Osceola

Approved list
Set by the circuit's chief judge — confirm with the circuit's court administration.
Application fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Set by the circuit's chief judge — confirm with the circuit's court administration.
Bond
Set by the circuit's chief judge — confirm with the circuit's court administration.
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal
Set by the circuit's chief judge — confirm with the circuit's court administration.
Circuit site

Tenth Judicial Circuit of Florida

Counties: Hardee, Highlands, Polk

Approved list
Yes
Application fee
$75 non-refundable application fee; $30 criminal-records check, fingerprints, and first-year ID badge fee
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Not required
Bond
$5,000
Residency
Permanent Florida resident
Training / CE
Approved process-server education course required
Renewal
Identification card renewed annually; $5 renewal fee; certificate valid five years assuming annual renewal; re-application required after five years
Administrative order
March 7, 2025
Circuit siteCertification pageAdministrative Order 1-29.6, entered March 7, 2025

Eleventh Judicial Circuit of Florida

Counties: Miami-Dade

Approved list
Yes
Application fee
$250 new; $200 recertification
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Required
Bond
Bonded; amount not stated on the page
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal
New application/enrollment October–January; recertification November–February.
Circuit siteCertification pageAdministrative orderCertified-server roster

Twelfth Judicial Circuit of Florida

Counties: DeSoto, Manatee, Sarasota

Approved list
Set by the circuit's chief judge — confirm with the circuit's court administration.
Application fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Set by the circuit's chief judge — confirm with the circuit's court administration.
Bond
Set by the circuit's chief judge — confirm with the circuit's court administration.
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal
Set by the circuit's chief judge — confirm with the circuit's court administration.
Circuit siteCertification pageAdministrative order

Thirteenth Judicial Circuit of Florida

Counties: Hillsborough

Approved list
Yes
Application fee
$60 renewal fee; new-application fee not stated on page
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Required; passing score 75 or higher; Examination administered by Hillsborough Community College; format not stated.
Bond
Set by the circuit's chief judge — confirm with the circuit's court administration.
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
Annual course; offered by Hillsborough Community College, Ybor Campus.
Renewal
Annual renewal; specific month/window not stated on page.
Circuit siteCertification pageAdministrative order

Fourteenth Judicial Circuit of Florida

Counties: Bay, Calhoun, Gulf, Holmes, Jackson, Washington

Approved list
Set by the circuit's chief judge — confirm with the circuit's court administration.
Application fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Set by the circuit's chief judge — confirm with the circuit's court administration.
Bond
Set by the circuit's chief judge — confirm with the circuit's court administration.
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal
Set by the circuit's chief judge — confirm with the circuit's court administration.
Circuit site

Fifteenth Judicial Circuit of Florida

Counties: Palm Beach

Approved list
Yes
Application fee
$250 new; $200 renewal; $24 FDLE background check separately
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Required; Written examination through FAPPS / as part of approved training course.
Bond
$5,000
Residency
Permanent resident of Florida
Training / CE
New: 16-hour approved training; renewal: 4-hour approved continuing education.
Renewal
Renewals accepted through October; new applications October 1–November 1 annually.
Circuit siteCertification pageCertified-server roster

Sixteenth Judicial Circuit of Florida

Counties: Monroe

Approved list
Set by the circuit's chief judge — confirm with the circuit's court administration.
Application fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Set by the circuit's chief judge — confirm with the circuit's court administration.
Bond
Set by the circuit's chief judge — confirm with the circuit's court administration.
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal
Set by the circuit's chief judge — confirm with the circuit's court administration.
Circuit site

Seventeenth Judicial Circuit of Florida

Counties: Broward

Approved list
Set by the circuit's chief judge — confirm with the circuit's court administration.
Application fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Set by the circuit's chief judge — confirm with the circuit's court administration.
Bond
Set by the circuit's chief judge — confirm with the circuit's court administration.
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal
Set by the circuit's chief judge — confirm with the circuit's court administration.
Circuit site

Eighteenth Judicial Circuit of Florida

Counties: Brevard, Seminole

Approved list
Set by the circuit's chief judge — confirm with the circuit's court administration.
Application fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Set by the circuit's chief judge — confirm with the circuit's court administration.
Bond
Set by the circuit's chief judge — confirm with the circuit's court administration.
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal
Set by the circuit's chief judge — confirm with the circuit's court administration.

This is the most recent order published by the circuit at the time of review — confirm it is current before relying on it.

Circuit siteCertification pageAdministrative order

Nineteenth Judicial Circuit of Florida

Counties: Indian River, Martin, Okeechobee, St. Lucie

Approved list
Set by the circuit's chief judge — confirm with the circuit's court administration.
Application fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Set by the circuit's chief judge — confirm with the circuit's court administration.
Bond
Set by the circuit's chief judge — confirm with the circuit's court administration.
Residency
Set by the circuit's chief judge — confirm with the circuit's court administration.
Training / CE
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal
Set by the circuit's chief judge — confirm with the circuit's court administration.
Circuit site

Twentieth Judicial Circuit of Florida

Counties: Charlotte, Collier, Glades, Hendry, Lee

Approved list
Yes
Application fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Renewal fee
Set by the circuit's chief judge — confirm with the circuit's court administration.
Exam
Set by the circuit's chief judge — confirm with the circuit's court administration.
Bond
$5,000
Residency
Permanent resident of Florida (statutory requirement referenced)
Training / CE
Completion of a sanctioned process-server course is required.
Renewal
Set by the circuit's chief judge — confirm with the circuit's court administration.
Circuit siteCertification pageAdministrative orderCertified-server roster

Florida Process Serving Laws

Criminal Arrest Warrant Execution in Florida

Fla. R. Crim. P. 3.121; Fla. Stat. §901.02

Criminal Cases

Arrest warrants in Florida are directed to all law enforcement officers of the state and executed by any such officer. The warrant must contain the defendant's name or description, the offense charged, and a command to arrest. Only law enforcement officers may execute arrest warrants — certified special process servers are not authorized. Warrants for felonies may be executed at any time; misdemeanor warrants are generally served during daytime.

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Primary source: mightyprocessserver.com

Criminal Subpoena Service in Florida

Fla. R. Crim. P. 3.361; Fla. Stat. §48.031

Criminal Cases

Criminal subpoenas in Florida may be served by any person authorized to serve process — including sheriffs, deputies, and certified special process servers under Fla. Stat. §48.27. Service is made by delivering a copy to the witness personally. Witness fees and mileage must be tendered at the time of service. A subpoena for a trial witness must be served at least 48 hours before the scheduled appearance. Failure to comply may result in contempt.

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Criminal Summons Service in Florida

Fla. R. Crim. P. 3.125; Fla. Stat. §901.04

Criminal Cases

Florida criminal summons (notice to appear) are issued by a law enforcement officer or the court and served by a law enforcement officer. The summons commands the defendant to appear before the designated County or Circuit Court at a stated time and place. Service is made by personal delivery. Certified special process servers under Fla. Stat. §48.27 are generally not authorized to serve criminal summons — law enforcement handles this function.

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Grand Jury Subpoena Service in Florida

Fla. Stat. §905.185; Fla. R. Crim. P. 3.361

Criminal Cases

Grand jury subpoenas in Florida are issued by the state attorney and served in the same manner as criminal trial subpoenas. Certified special process servers under Fla. Stat. §48.27 may serve grand jury subpoenas. Witnesses may be compelled to appear, testify, and produce documents. Grand jury proceedings in Florida are secret, and unauthorized disclosure is a criminal offense.

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Return of Criminal Process in Florida

Fla. Stat. §48.21; Fla. R. Crim. P. 3.121(c)

Criminal Cases

The person serving criminal process in Florida must make a return of service to the issuing court. The return must include the date, time, and manner of service, the name of the person served, and the server's signature under oath. For certified special process servers, the return must include their certification number. If service fails, the server must state the reason on the return. Proof of service must be filed promptly with the clerk.

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Child Custody (Time-Sharing) Service in Florida

Fla. Stat. §48.031; Fla. Stat. §61.501; Fla. Stat. §48.27

Family Law

Florida child custody (time-sharing) actions follow standard Fla. Stat. Chapter 48 service methods. Florida adopted the UCCJEA under Fla. Stat. §61.501 et seq. Certified special process servers under §48.27 may serve custody-related documents. If the other parent resides outside Florida, service may be made under the UCCJEA. Florida uses "time-sharing schedule" instead of "custody" and "visitation" terminology.

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Divorce (Dissolution) Service in Florida

Fla. Stat. §48.031; Fla. Stat. §61.043; Fla. Stat. §48.27

Family Law

Florida dissolution of marriage petitions are served under Fla. Stat. Chapter 48. Service must be by the sheriff or a certified special process server under §48.27. Personal service is required — the server must deliver a copy to the respondent personally. Substitute service is permitted at the respondent's usual place of abode with a resident 15 or older who is informed of the contents (§48.031). The respondent has 20 days to respond after service. Service by publication is available under Chapter 49 after diligent search.

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Injunction for Protection Service in Florida

Fla. Stat. §741.30; Fla. Stat. §784.046

Family Law

Florida domestic violence injunctions (restraining orders) under §741.30 are served by a law enforcement officer. The court may issue a temporary injunction ex parte. Once issued, the temporary injunction and petition must be personally served on the respondent by law enforcement. A hearing must be held within 15 days. The respondent may request a continuance. Certified process servers are not typically used for injunction service — law enforcement handles it.

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Juvenile Dependency Service in Florida

Fla. Stat. §39.501; Fla. Stat. §39.502

Family Law

Florida juvenile dependency proceedings (abuse, neglect, abandonment) require service on the parents, guardian, or custodian. The petition and summons must be personally served by a sheriff, deputy, or authorized agent at least 72 hours before the hearing. If the parent cannot be located, the court may authorize service by publication under Chapter 49. The court appoints a guardian ad litem for the child. Parents have the right to counsel.

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What are the requirements to become a process server in Florida?

licensing

Florida requires process servers to be certified by the Chief Judge of the circuit (F.S. §48.27). Requirements include being at least 18, having no felony record, completing a 4-hour training course, passing a background check, and posting a $5,000 bond. Certification must be renewed annually.

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Certified Process Server Requirements

Florida Statute §48.27

Licensing

Process servers must complete a minimum of 16 hours of training and pass an examination to be certified.

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Personal Service of Process in Florida

Florida Statute §48.031

Personal Service

Florida Rules of Civil Procedure Rule 1.070(b) and Florida Statute §48.031(1)(a): delivery to person or leave at abode with person 15+ informing contents (Florida Bar Rules PDF)

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How do I serve papers in Florida?

personal_service

In Florida, process is typically served by the sheriff of the county where the person to be served resides. Private process servers must be appointed by the sheriff and certified by the Chief Judge of the circuit court (Florida Statute §48.021). Personal service requires delivering a copy of the process directly to the person.

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Estate Notice to Creditors in Florida

Fla. Stat. §733.2121; Fla. Stat. §733.702

Probate

The personal representative must publish a notice to creditors once a week for two consecutive weeks in a newspaper of general circulation in the county where the estate is administered. Known or reasonably ascertainable creditors must receive actual notice by mail or personal service within three months of first publication. Creditors have three months from first publication to file claims, or 30 days from receipt of actual notice, whichever is later.

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Guardianship Service in Florida

Fla. Stat. §744.331; Fla. Stat. §744.3371

Probate

Guardianship petitions are filed in Circuit Court, Probate Division. Notice of the hearing must be personally served on the proposed ward at least 20 days before the hearing. Notice must also be given to the ward's spouse, parents, adult children, and next of kin. The court appoints an examining committee of three professionals and an attorney for the proposed ward. The ward has the right to be present, to counsel, and to a jury trial.

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Will Contest in Florida

Fla. Stat. §733.212; Fla. Stat. §733.109

Probate

A will contest in Florida must be filed within the later of three months after service of the notice of administration or 40 days after the date of service of a copy of the will. The contest is filed in Circuit Court, Probate Division. All interested persons must be served with notice. Florida is an interested-person notice state. Grounds include undue influence, lack of testamentary capacity, fraud, duress, or improper execution.

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Process Server Registration/Licensing in Florida

§48.021

Process Server Requirements

No statewide license; special process servers appointed by sheriff per §48.021 (18+, resident, background check, exam, oath, county-specific); certified process servers by chief judge per §48.27; sheriff oversees appointments (FL Senate Chapter 48)

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Who May Serve Process in Florida

§48.021

Process Server Requirements

Sheriff; special process server appointed by sheriff (§48.021); certified process server by chief judge (§48.27); court-appointed competent disinterested person (FRCP 1.070(b)); 18+ (FL Senate Chapter 48)

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Proof of Service / Affidavit Requirements in Florida

Florida Statute §48.21

Proof of Service

Florida Statute §48.21: return-of-service form noting date, time, manner, signed by server (electronic signature OK), filed with court; amendable (FL Senate Chapter 48)

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Are there specific proof of service forms for different case types in Florida?

Florida has Form 12.914 for family law; circuits have their own certified server forms.

proof_of_service

Florida provides Form 12.914 (Certificate of Service) for family law post-service filings. Each judicial circuit may have its own approved return form for certified process servers. Small claims and eviction cases use general affidavit forms. The Mighty Affidavit Generator includes pre-mapped templates for Florida-specific forms. When you upload documents during job creation, the system recommends the correct template automatically.

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Does Florida require a notarized affidavit or penalty of perjury declaration?

Florida accepts declarations under Fla. Stat. § 92.525.

proof_of_service

Florida accepts declarations under penalty of perjury per Fla. Stat. § 92.525. Certified process servers in some circuits must use circuit-approved return forms. Non-certified servers may use generic affidavits or declarations. The declaration must include specific language prescribed by §92.525. The Mighty Affidavit Generator automatically applies the correct signing method for Florida — notarized jurat or declaration under penalty of perjury.

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What proof of service form do I need in Florida?

Florida has no mandatory statewide form; §48.21 governs content. §92.525 accepts declarations.

proof_of_service

Florida does not have a single mandatory statewide proof of service form. Fla. Stat. §48.21 requires the return to include specific details (manner, time, date, person served). Certified process servers must use court-approved forms per their circuit. Family law uses Form 12.914 for post-service certificate of service. A generic declaration is accepted under Fla. Stat. § 92.525. The Mighty Affidavit Generator automatically selects the correct proof of service template for Florida and fills it with your job data — no manual form selection needed.

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Criminal Protections for Process Servers in Florida

Florida Statute §843.01

Server Protection

Florida Statute §843.01 makes it a third-degree felony to knowingly and willfully resist, obstruct, or oppose a person legally authorized to execute process in the execution of legal process, with violence (Florida Statutes §843.01)

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Property Access Rights for Process Servers in Florida

Florida Statute §48.031

Server Protection

Florida Statute §48.031(7): Gated communities must grant unannounced entry to process servers for common areas (FL Senate Chapter 48)

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Service by Publication in Florida

Service by Publication

Chapter 49, Florida Statutes (constructive service when personal service impossible after diligent search) (Accurate Serve)

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Service Hours

Florida Statute §48.031

Service Methods

Service of process may be made between 6:00 AM and 10:00 PM unless otherwise ordered by the court.

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Subpoena Service in Florida

§48.031

Service Methods

Civil: FRCP 1.410, any person authorized by rules; Criminal witness: §48.031(1),(3)-(4) as process or mail/posting (Serve-Now)

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Small Claims Answer Deadline in Florida

Fla. Sm. Cl. R. 7.090; Fla. Sm. Cl. R. 7.100

Small Claims

In Florida County Court small claims ($8,000 limit), the defendant must appear at the pretrial conference or hearing date, typically set 14 to 45 days after service. No formal written answer is required for the initial appearance. If the defendant fails to appear, the court may enter a default judgment. The defendant may file counterclaims and third-party complaints. Appeals go to Circuit Court.

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Family Law Service of Process in Florida

Special Circumstances

No special rules; follows general civil service rules under Florida Rules of Civil Procedure 1.070 and Chapter 48 F.S., with sheriff or certified process server required (Greater Orlando Family Law)

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Small Claims Service in Florida

Rule 7.070

Special Circumstances

Florida Small Claims Rule 7.070: as provided by law or FRCP 1.070(a)-(h); certified mail OK for FL residents; substituted/constructive per law (Florida Bar Small Claims PDF)

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Unique Provisions for Service of Process in Florida

§48.20

Special Provisions

No service on Sunday unless court order (§48.20); gated access required (§48.031(7)); employer must allow private service area or $1000 fine (§48.031(1)(b))

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Substituted Service in Florida

Florida Statute §48.031

Substituted Service

Florida Statute §48.031(2),(6): on spouse if residing together/non-adversarial, person in charge at business after 2 attempts, virtual office person in charge (FL Senate Chapter 48)

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Failure to Appear — Traffic Cases in Florida

Fla. Stat. §318.15; Fla. Stat. §322.245

Traffic and Municipal

If a defendant fails to pay or appear on a Florida traffic citation within 30 days, the clerk may assess a $16 late fee and the Florida DHSMV will suspend the defendant's driver's license under Fla. Stat. §322.245. A $60 reinstatement fee applies. For criminal traffic offenses (DUI, leaving the scene), failure to appear results in a bench warrant for arrest and potential additional criminal charges for failure to appear under §843.15.

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Traffic Citation Service in Florida

Fla. Stat. §316.640; Fla. Stat. §318.14

Traffic and Municipal

Florida traffic citations (Uniform Traffic Citations) are issued by law enforcement officers at the scene. The citation serves as both the complaint and notice to appear. Most traffic violations in Florida are civil infractions, not criminal offenses, under Fla. Stat. §318.14. The defendant signs the citation as a promise to appear or pay. Red light camera violations are mailed to the registered owner. The defendant has 30 days to pay or contest.

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