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The 2022 Florida
| Question | Answer |
|---|---|
| Process; how directed. | 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. |
| Process; by whom served. | Civil witness subpoenas shall be served by any person authorized by rules of civil procedure. |
| A person applying to become a special process server shall: | 1. Be at least 18 years of age. 2. Have no mental or legal disability. 3. Be a permanent resident of the state. 4. Submit to a background investigation 5. Good conduct file for the past 5 years 6. Past the exam |
| 1Service of process generally; service of witness subpoenas. | Service process is made by delivering a copy to the person to be served with a copy of the complaint, petition, other initial pleading or paper or by leaving the copies at his usual place of abode with any person residing therein who is 15 years or older |
| 2Service of process generally; service of witness subpoenas. | Substituted service may be made on an individual doing business as a sole proprietorship at the place of business, during regular business hours, by serving the person in charge of the business at the time of service if two attempts to serve |
| 3.criminal witness subpoena | three attempts to serve the subpoena, made at different times of the day or night on different dates |
| Service on minor | Parent or guardian or legal guardian. the service was lawfully made, and no proceeding shall be declared irregular or illegal if a guardian ad litem appeared for the minor. |
| Service on incompetent. | 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 |
| Service on state prisoners | Process against a state prisoner shall be served on the prisoner. |
| Service on partnerships and limited partnerships. | partnership shall be served on any partner and is as valid as if served on each individual partner. not available during regular business hours to accept service on behalf of the partnership, he or she may designate an employee to accept in busines hours. |
| Process against a domestic limited partnership | served on any general partner or on the agent for service of process specified in its certificate of limited partnership or in its certificate as amended or restated and is as valid as if served on each individual member of the partnership. SecretaryState |
| Service on a limited liability company. | served on the registered agent designated by the limited liability company. may serve the process on any employee of the registered agent during the first attempt at service |
| Service on a limited liability company. | After one attempt to serve a member, manager, or designated employee has been made, process may be served on the person in charge of the limited liability company during regular business hours. |
| Service on agents of nonresidents doing business in the state. | A copy of such process with a notice of service on the person in charge of such business shall be sent forthwith to the nonresident person or partnership by registered or certified mail, return receipt requested. An affidavit of compliance with this sect |
| Corporations; designation of registered agent and registered office. | corporation shall keep the registered office open from 10 a.m. to 12 noon each day except Saturdays, Sundays, and legal holidays, and shall keep one or more registered agents on whom process may be served at the office during these hours. |
| - | The corporation shall keep a sign posted in the office in some conspicuous place designating the name of the corporation and the name of its registered agent on whom process may be served. |
| Service on financial institutions. | The public officer, board, agency, or commission so served shall retain a record copy and promptly send the copy served, by registered or certified mail, to the person to be served as shown by his or her or its records. |
| Method of substituted service on nonresident. | by serving a public officer designated by law shall be made by leaving a copy of the process with a fee of $8.75 with the public officer or in his or her office or by mailing the copies by certified mail to the public officer with the fee. |
| Service on dissolved corporations | Process against the directors of any corporation which was dissolved before 7/1/99, as trustees of the dissolved corporation shall be served on one or more of the directors of the dissolved corporation as trustees thereof and binds all of the directors of |
| Service by other means. | if the service cannot be complete we can use email to inform the parties |
| Service on public agencies and officers. | (On the president, mayor, chair, or other head thereof; and in his or her absence;(On the vice president, vice mayor, or vice chair, or in the absence of all of the above; On any member of the governing board, council, or commission. |
| Process on any public agency, board, commission, or department not a body corporate or having a governing board or commission shall be served on the public officer being sued or the chief executive officer of the agency, board, commission, or department. | |
| In any suit in which the Department of Revenue or its successor is a party, process against the department shall be served on the executive director of the department. This | procedure is to be in lieu of any other provision of general law, and shall designate said department to be the only state agency or department to be so served. |
| Service on the state. | 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 Attorney General. |
| Service on alien property custodian | a copy of the notice or process shall be sent by registered or certified mail to the alien property custodian |
| Service on labor unions. | 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. |
| Service on statutory agents for certain persons. | service shall be made by leaving one copy of the process with the public officer, board, agency, or commission or in the office thereof, or by mailing one copy to the public officer, board, agency, or commission, except as provided in subsection ( |
| Method of substituted service on nonresident. | law shall be made by leaving a copy of the process with a fee of $8.75 with the public officer or in his or her office or by mailing the copies by certified mail to the public officer with the fee. |
| Service on nonresident motor vehicle owners, etc. | service of process in any civil action begun in the courts of the state against such operator or owner, lessee, or other person entitled to control of the motor vehicle, arising out of or by reason of any accident or collision occurring within the state |
| Service of process in action for possession of premises. | two attempts to obtain service as provided above in this subsection, summons may be served by attaching a copy to a conspicuous place on the property described in the complaint or summons. minimum time delay two attempts to obtain service shall be 6 hour |
| Service of process for removal of unknown parties in possession. | service on unknown occupant is not effectuated on the first attempt, at least two additional attempts must be made. The three attempts to obtain service must be made once during business hours, once during nonbusiness hours, and once during a weekend. |
| Service on nonresidents operating aircraft or watercraft in the state. | The acceptance by operation, navigation, or maintenance in the state of the aircraft , watercraft is signification of the nonresident’s or concealed person’s agreement that process against him or her served personally |
| Acts subjecting person to jurisdiction of courts of state. | |
| Personal service outside state. | |
| Service of foreign process. | he sheriffs shall be entitled to charge fees for the service of foreign process, and the fees shall be the same as fees for the service of comparable process for the Florida courts. |
| Service of process in connection with actions under the Florida International Commercial Arbitration Act | |
| Service in a foreign country. | By any internationally agree means of service reasonably calculated to give actual notice of the proceedings, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. |
| Service of process on Sunday. | If service of process is carried out on a Sunday, then the service will be considered void and the process server will be left to begin again. |
| Return of execution of process. | 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 |
| Return of execution of process. | , if the person is served in a representative capacity, the position occupied by the person. The return-of-service form must list all pleadings and documents served and be signed by the person who effects the service of process. |
| Cumulative to other laws. | 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. |
| lis pendens | The names of the parties, date of the institution of the action date of the clerk’s electronic receipt, or the case number of the action, name of the court in which it is pending, description of the property involved or to be affected. A statement relief |
| Short title | may be cited as the “Florida Certified Process Server Act |
Created by:
154710913981090
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