Service of process shall be effected as provided by law or as provided by Florida Rules of Civil Procedure 1.070(a)–(h). Constructive service or substituted service of process may be effected as provided by law. Service of process on Florida residents only may also be effected by certified mail, return receipt signed by the defendant, or someone authorized to receive mail at the residence or principal place of business of the defendant. Either the clerk or an attorney of record may mail the certified mail, the cost of which is in addition to the filing fee.
Rule 7.070 — Method of Service of Process
Original Text
Simplified Text
How to Officially Notify the Defendant: "Service of process" is the formal legal procedure for delivering the lawsuit papers (the Statement of Claim and the Summons) to the defendant. This rule explains the approved methods.
Standard Methods:
Generally, service must follow the formal methods outlined in state law and the Florida Rules of Civil Procedure. This usually involves having a county sheriff or a certified private process server personally hand-deliver the documents to the defendant.
Special Method for Small Claims:
This rule provides a simpler, alternative method for serving defendants who are Florida residents:
- Certified Mail: The clerk of court or an attorney can send the lawsuit papers via certified mail, with a return receipt requested.
For this to be valid service, the return receipt must be signed by the defendant themselves, or by someone else who is authorized to receive mail for them at their home or primary place of business.
Back to Table of Contents
Cite as Fla. Sm. Cl. R. 7.070
Copied!