Who can serve legal papers in Florida?
In Florida, a summons, complaint and most other civil papers can be served by the sheriff, by a certified process server approved by the chief judge of the circuit, or by a special process server appointed by the sheriff. A court may also appoint someone to serve. Writs that enforce a judgment, such as a writ of possession, are served by the sheriff. The person serving cannot be a party to the case or have an interest in its outcome. In Miami-Dade, certified process servers are approved through the Eleventh Judicial Circuit.
How long do I have to serve papers after filing a lawsuit in Florida?
Under Florida Rule of Civil Procedure 1.070(j), the initial process and complaint must be served within 120 days after the complaint is filed. If service is not made in time, the court, on its own after notice or on a motion, must either order service within a set time or dismiss the action against that defendant without prejudice. If the plaintiff shows good cause or excusable neglect, the court must extend the time for service.
Can a process server leave the papers with someone else at the home?
Yes. Florida allows substitute service at the person's usual place of abode by leaving the papers with any person residing there who is 15 years of age or older and informing that person of their contents (section 48.031(1)(a), Florida Statutes). The home must be where the person being served actually lives, and the person who takes the papers must live there too. A visitor, or someone who only works there during the day, does not qualify.
Can papers be served at someone's job?
Yes. Under section 48.031(1)(b), Florida Statutes, an employer contacted by a person authorized to serve process must allow service on an employee in a private area designated by the employer.
Can someone refuse to be served in Florida?
Usually, refusing to take the papers does not stop service. When the right person is identified and told they are being served, Florida courts generally treat service as complete if the papers are left in their presence or where they can easily retrieve them, even if they will not take them. Each situation depends on its facts, so the process server records exactly what happened in the affidavit of service.
Can a process server get into a gated community in Florida?
Yes. Section 48.031(7), Florida Statutes, requires gated residential communities, including condominium associations and cooperatives, to grant unannounced entry into the community, including its common areas and common elements, to a person attempting to serve process on a defendant or witness who lives in, or is known to be in, the community.
Can papers be served on a Sunday in Florida?
No. Under section 48.20, Florida Statutes, service of process on a Sunday is void, and whoever serves it can be liable for damages. The only exception is when someone swears in an affidavit that the person intends to leave Florida to escape service on Sunday and a judge signs an order authorizing Sunday service. Service is made Monday through Saturday.
What time of day can papers be served in Florida?
Florida's statutes do not limit personal service on an individual to particular hours of the day; the main timing rule is that Sunday service is void. Some substitute service on businesses, such as leaving papers with the person in charge of a sole proprietor's business, must happen during regular business hours. Professional process servers vary their attempts across the morning, midday, evening and Saturday to find the person at home.
How do you serve a business or LLC in Florida?
Usually through its registered agent, whose name and Florida street address are listed on Sunbiz, the Division of Corporations website. If the company has no registered agent, or the agent cannot be served after one good-faith attempt because the company is not following the law, sections 48.081 (corporations) and 48.062 (limited liability companies), Florida Statutes, allow service on certain officers, managers or members, or on anyone listed on its latest annual report. If that also fails after due diligence, service can go through the Florida Secretary of State or by court order.
Can I serve the papers myself or send them by mail?
In most cases, no to both. A party to the case cannot serve the papers personally, and simply mailing them is not service. Under Florida Rule of Civil Procedure 1.070(i), you can send the defendant a request to waive formal service by certified mail, return receipt requested, with a copy of the complaint, but it only works if they sign and return the waiver. If they do not, the papers must be formally served by the sheriff or a certified or special process server.
What is an affidavit or return of service?
It is the sworn record of service that is filed with the court. Under section 48.21, Florida Statutes, the return must state the date and time the papers came to hand, the date and time they were served, the manner of service, and the name of the person served (and their position, if served in a representative capacity). It must also list every document served and be signed by the server; leaving out a required fact can invalidate service until the return is corrected. When service is not made, the server usually provides a return of non-service describing each attempt.
What happens if the person cannot be found?
The process server provides a return of non-service describing every attempt. The usual next step is a skip trace to look for a current address. If the person still cannot be found after a diligent search, Chapter 49, Florida Statutes, allows service by publication in certain types of cases, such as divorce and property actions, which requires a sworn statement describing the search.
How much does a process server cost in Miami?
At Agera Legal Services, process service in Miami-Dade is $60 standard (first attempt within 72 hours, completed within 10 service days), $80 rush (first attempt within 24 hours, completed within 5 service days), $100 same day (first attempt the same day, completed within 4 service days) and $200 same day + (more than one attempt the same day, completed within 2 service days). Service days are Monday to Saturday, counted from when we have the paid order and the papers. Completed means served, or all included attempts made. Each order covers one address and includes up to 4 attempts at different times of day within your level's time, with a Saturday attempt when that time includes a Saturday, and the affidavit of service. A basic skip trace is $75 per person.
How long does it take to serve papers in Miami-Dade?
It depends on the service level and on the person. With Agera Legal Services, standard service gets a first attempt within 72 hours of receiving the papers and is completed within 10 service days, rush gets one within 24 hours and is completed within 5 service days, same day gets one the same day and is completed within 4 service days, and same day + makes more than one attempt that day and is completed within 2 service days. Service days are Monday to Saturday, counted from when we have the paid order and the papers. Completed means served, or all included attempts made. Someone who avoids service may not get served. Attempts are made Monday through Saturday, since Sunday service is void in Florida, and every attempt is documented.
What if the person moved to a different address?
A skip trace looks for the current address, usually within one business day. Serving at the new address is a new service order, because process service is priced per address.
This page is general information about service of process in Florida as of September 2026, not legal advice. Rules change and every case is different; for advice about your case, speak to a Florida attorney.