This statute is one of the longer ones about which we’ve written, so we’ll be breaking it up into multiple parts, with successive parts following one another in the series.
This statute deals with the service of process on someone outside the state. Odd as that might seem (since these are statutes pertaining to Florida and not some other state) this is necessary when the action that warrants service of process takes place in Florida, but the defendant is currently outside of the state on vacation, business, etc.
While there are exceptions, a “normal” service of process would be executed under whatever laws and guidelines are applicable in the statue where that process is being served. For example, if the action that merits the service of process takes place in Florida but the process is being physically served in Georgia, then the laws for service of process in the state of Georgia would be applicable. The same basic are still applicable: the party serving the process must be qualified to do so in that state; some sort of proof of service must be filed with the court, and if process is served outside the United States then it may have to be in compliance with elements of the Hague Convention. In this case, an attorney knowledgeable in international law is a must in order to ensure all necessary steps have been taken.
We’ll continue with this statue as the next entry in the series.
