How Is a Lawsuit Served on a Defendant in Florida?

Section 48.021 identifies who may serve process. Sheriffs serve process in their counties. Civil process that is not used to enforce a judgment may also be served by a special process server appointed by the sheriff or by a certified process server under section 48.27.

Section 48.031(1)(a) sets the basic methods for an individual. The server may deliver the papers to the person, or leave them at the person's usual place of abode with a resident who is at least 15 years old and inform that resident of their contents. Under section 48.031(1)(b), an employer must allow a process server to serve an employee in a private area of the workplace when asked, and an employer who does not cooperate may be fined up to $1,000.

Substituted service on the defendant's spouse is allowed under section 48.031(2)(a) if the conditions in that paragraph are met. For a sole proprietorship, section 48.031(2)(b) allows service on the person in charge of the business after two attempts to serve the owner at the place of business.

Under Rule 1.070(j) of the Florida Rules of Civil Procedure, if service is not made within 120 days after the complaint is filed, the court must direct that service be made within a set time or dismiss the action without prejudice. If the plaintiff shows good cause or excusable neglect, the court must extend the time. The wider process is described in what civil litigation encompasses.