Method of Substituted Service on Nonresident

Yet another situation regarding service of process that is covered by the Florida statutes is when a process must be served on either a non-resident or a person who is concealing their whereabouts.

Provided it has been approved by law, service can be made on an individual meeting these conditions by serving a public officer designated to act as a proxy and receive the service of process on behalf of the party being served. This is accomplished by leaving a copy of the process with the officer along with a fee that has been established by the state for this purpose. The process can also be sent to the official’s office by certified mail, including the fee. Once the process has been served in this manner a notice of service and a copy of the process must be sent by either registered or certified mail to the plaintiff or their attorney to the defendant. That’s still not the end of the process, however; the return receipt that proves delivery and an affidavit showing compliance must then be filed within the period of time mandated by the court.

If the location of the defendant is known then a more direct method can be used. If they are within the state a party authorized to serve process, e.g. a county sheriff’s deputy, can do so; if the defendant is outside the state then a sheriff, deputy sheriff or some other duly appointed officer qualified to serve can carry out the action. As in the previous paragraph, once the process has been served then confirmation of that service must be filed within the period of time allotted by the court. By the way, should the court decide in favor of the plaintiff in the case, any costs incurred in the service of process can be included in whatever compensation is to be paid by the defendant?

As might be expected in this or other legal matters, the public officer who has received the service of process is expected to keep records of the exact day and hour of service.

In an effort to cover any eventuality, this statute closes with some additional conditions:

• If the intended recipient of the service dies, service can then be made on their administrator, executor or some other duly designated party in their place.
• This statute does not pertain to persons acting in the capacity of statutory agents – the procedure for service of that type was outlined in a previous statute, 48.151.
• It is permissible for the public officer who is to receive service of process to designate another person in their office to accept that service.

48.161 Method of substituted service on nonresident.—

(1) When authorized by law, substituted service of process on a nonresident or a person who conceals his or her whereabouts 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. The service is sufficient service on a defendant who has appointed a public officer as his or her agent for the service of the process. Notice of service and a copy of the process shall be sent forthwith by registered or certified mail by the plaintiff or his or her attorney to the defendant, and the defendant’s return receipt and the affidavit of the plaintiff or his or her attorney of compliance shall be filed on or before the return day of the process or within such time as the court allows, or the notice and copy shall be served on the defendant, if found within the state, by an officer authorized to serve legal process, or if found without the state, by a sheriff or a deputy sheriff of any county of this state or any duly constituted public officer qualified to serve like process in the state or jurisdiction where the defendant is found. The officer’s return showing service shall be filed on or before the return day of the process or within such time as the court allows. The fee paid by the plaintiff to the public officer shall be taxed as cost if he or she prevails in the action. The public officer shall keep a record of all process served on him or her showing the day and hour of service.

(2) If any person on whom service of process is authorized under subsection (1) dies, service may be made on his or her administrator, executor, curator, or personal representative in the same manner.

(3) This section does not apply to persons on whom service is authorized under s. 48.151.

(4) The public officer may designate some other person in his or her office to accept service.