* * * A U T H O R I Z A T I O N S * * *
The state of Florida does not offer a license or authorization to serve process statewide.
There are several different authorizations in the Florida Statutes (FS) and the Florida Rules of Civil Procedure (FRCP).
WHO CAN LEGALLY SERVE PROCESS IN FLORIDA?
WHO CAN SERVE WHAT; WHERE?
WHICH COUNTIES HAVE SHERIFF APPOINTED PROCESS SERVERS?
WHICH COUNTIES HAVE COURT CERTIFIED PROCESS SERVERS?
WHICH COUNTIES HAVE NO PROCESS SERVER PROGRAMS?
WHEN IS AN ORDER TO APPOINT A PROCESS SERVER NECESSARY?
WHO CAN LEGALLY SERVE PROCESS IN FLORIDA?
- The sheriffs and their deputies may serve any process domestic or foreign. FS 30.07 & FS 30.15
- The sheriffs may appoint special process servers to serve non-enforceable process.
FS 48.021
- The circuit courts may certify process servers to serve process originating in their circuit. FS 48.27
- The court may appoint any person by special order to serve process for a particular case. FRCP 1.070(b)
- Any competent and disinterested person over the age of 18 may serve subpoenas. FRCP 1.410(c)
- The sheriffs, and special and certified process servers, may serve foreign process. FS 48.29 & FS 48.195
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WHO CAN SERVE WHAT; WHERE?
- The sheriffs and their deputies may serve any and all process anywhere within their county. They have no authority to serve process out of their county. FS 30.15
- Special Process Servers have the same authorities as the sheriff and his deputies as indicated in #1, with the exception that their authority only applies to non-enforceable process. FS 48.021(3)
- Process servers certified by the chief judge of a circuit, may serve foreign process, and non-enforceable process originating within their circuit, or in any other circuit in which they are certified, or appointed by the sheriff, within the boundaries of their circuit, and in any other circuit or county in which they are certified or appointed. FS 48.27, FS 48.29 & Abate v Provident 5th DCA #93-1281
- Process servers appointed by the court by a special order authorizing them to serve process for a given case, may serve any process arising from that case throughout all circuits and counties of the state of Florida.
- Persons authorized to serve subpoenas may do so throughout the state of Florida.
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(A) WHICH COUNTIES HAVE SHERIFF APPOINTED PROCESS SERVERS?
Bay, Broward, Charlotte, Duval, Lee, Leon, Monroe, Orange, Osceola, Pinellas
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(B) WHICH COUNTIES HAVE COURT CERTIFIED PROCESS SERVERS?
Brevard, Citrus, Dade, Desoto, Escambia,
Hardee, Hendry, Hernando, Highland, Hillsborough,
Indian River, Jefferson, Lake, Manatee, Marion,
Martin, Okaloosa, Okeechobee, Palm Beach, Polk,
Santa Rosa, Sarasota, Seminole, St. Lucie, Sumter, Walton
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(C) WHICH COUNTIES HAVE NO PROCESS SERVER PROGRAMS?
Alachua, Baker, Bradford, Calhoun, Clay, Collier, Columbia, Dixie, Flagler, Franklin, Gasden,
Gilchrist, Glades, Hamilton, Holmes, Jackson, Lafayette, Liberty, Madison, Nassau,
Pasco, Putnam, St. Johns, Suwanee, Taylor, Union, Volusia, Wakula, Washington
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WHEN IS A ORDER APPOINT TO A PROCESS SERVER NECESSARY?
Florida State Law requires a special Motion and Order to Appoint Process Server when:
- Service is necessary in ANY of the counties listed in (C) above, regardless of where the venue is in the state.
- Service is necessary in any of the counties listed in (B) above, and the circuit of venue is NOT the same as the circuit of service; and the intended server is not certified or appointed in the county of venue.
- Service is necessary in a county not listed in (B) above when the venue is a county listed in (A), and the intended server is not an appointed process server in the county of venue AND certified in the county of service.
- The service is in a county Listed in (A) above, and the intended server is not appointed in the same county.
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