1(1) Except as otherwise provided herein, service of process on persons outside of this state shall be made in the same manner as service within this state by any person authorized to serve process in the state where the person is served. No order of court is required. A court may consider the return-of-service form described in s. 48.21, or any other competent evidence, in determining whether service has been properly made. Service of process on persons outside the United States may be required to conform to the provisions of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
1(2) Where in rem or quasi in rem relief is sought in a foreclosure proceeding as defined by s. 702.09, service of process on a person outside of this state where the address of the person to be served is known may be made by registered mail as follows:
(a) The party’s attorney or the party, if the party is not represented by an attorney, shall place a copy of the original process and the complaint, petition, or other initial pleading or paper and, if applicable, the order to show cause issued pursuant to s. 702.10 in a sealed envelope with adequate postage addressed to the person to be served.
(b) The envelope shall be placed in the mail as registered mail.
(c) Service under this subsection shall be considered obtained upon the signing of the return receipt by the person allowed to be served by law.
(3) If the registered mail which is sent as provided for in subsection (2) is returned with an endorsement or stamp showing “refused,” the party’s attorney or the party, if the party is not represented by an attorney, may serve original process by first-class mail. The failure to claim registered mail is not refusal of service within the meaning of this subsection. Service of process pursuant to this subsection shall be perfected as follows:
(a) The party’s attorney or the party, if the party is not represented by an attorney, shall place a copy of the original process and the complaint, petition, or other initial pleading or paper and, if applicable, the order to show cause issued pursuant to s. 702.10 in a sealed envelope with adequate postage addressed to the person to be served.
(b) The envelope shall be mailed by first-class mail with the return address of the party’s attorney or the party, if the party is not represented by an attorney, on the envelope.
(c) Service under this subsection shall be considered obtained upon the mailing of the envelope.
(4) If service of process is obtained under subsection (2), the party’s attorney or the party, if the party is not represented by an attorney, shall file an affidavit setting forth the return of service. The affidavit shall state the nature of the process; the date on which the process was mailed by registered mail; the name and address on the envelope containing the process; the fact that the process was mailed registered mail return receipt requested; who signed the return receipt, if known, and the basis for that knowledge; and the relationship between the person who signed the receipt and the person to be served, if known, and the basis for that knowledge. The return receipt from the registered mail shall be attached to the affidavit. If service of process is perfected under subsection (3), the party’s attorney or the party, if the party is not represented by an attorney, shall file an affidavit setting forth the return of service. The affidavit shall state the nature of the process; the date on which the process was mailed by registered mail; the name and address on the envelope containing the process that was mailed by registered mail; the fact that the process was mailed registered mail and was returned with the endorsement or stamp “refused”; the date, if known, the process was “refused”; the date on which the process was mailed by first-class mail; the name and address on the envelope containing the process that was mailed by first-class mail; and the fact that the process was mailed by first-class mail with a return address of the party or the party’s attorney on the envelope. The return envelope from the attempt to mail process by registered mail and the return envelope, if any, from the attempt to mail the envelope by first-class mail shall be attached to the affidavit.
History.—s. 1, ch. 73-179; s. 4, ch. 93-250; s. 7, ch. 97-278; s. 6, ch. 2019-67; s. 14, ch. 2022-190.
1Note.—Section 14, ch. 2022-190, amended the catchline to s. 48.194 and subsections (1) and (2), effective January 2, 2023, to read:
48.194 Personal service in another state, territory, or commonwealth of the United States.—
(1) Except as otherwise provided herein, service of process on a party in another state, territory, or commonwealth of the United States must be made in the same manner as service within this state by any person authorized to serve process in the state where service shall be made. No order of court is required. A return-of-service form described in s. 48.21, or any other competent evidence, must be filed with the court stating the time, manner, and place of service. The court may consider such evidence in determining whether service has been properly made.
(2) When in rem or quasi in rem relief is sought in a foreclosure proceeding as defined by s. 702.09, and the address of the person to be served is known, service of process on a person in another state, territory, or commonwealth of the United States may be made by registered mail as follows:
(a) The party’s attorney or the party, if the party is not represented by an attorney, shall place a copy of the original process and the complaint, petition, or other initial pleading or paper and, if applicable, the order to show cause issued pursuant to s. 702.10 in a sealed envelope with adequate postage addressed to the person to be served.
(b) The envelope must be placed in the mail as registered mail.
(c) Service under this subsection is deemed obtained upon the signing of the return receipt by the person allowed to be served by law.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
Chapter 48 - Process and Service of Process
48.011 - Process; How Directed.
48.021 - Process; by Whom Served.
48.031 - Service of Process Generally; Service of Witness Subpoenas.
48.042 - Service on Incompetent.
48.051 - Service on State Prisoners.
48.061 - Service on Partnerships and Limited Partnerships.
48.062 - Service on a Limited Liability Company.
48.071 - Service on Agents of Nonresidents Doing Business in the State.
48.081 - Service on Corporation.
48.091 - Corporations; Designation of Registered Agent and Registered Office.
48.092 - Service on Financial Institutions.
48.101 - Service on Dissolved Corporations.
48.102 - Service by Other Means.
48.111 - Service on Public Agencies and Officers.
48.121 - Service on the State.
48.131 - Service on Alien Property Custodian.
48.141 - Service on Labor Unions.
48.151 - Service on Statutory Agents for Certain Persons.
48.161 - Method of Substituted Service on Nonresident.
48.171 - Service on Nonresident Motor Vehicle Owners, Etc.
48.181 - Service on Nonresident Engaging in Business in State.
48.183 - Service of Process in Action for Possession of Premises.
48.184 - Service of Process for Removal of Unknown Parties in Possession.
48.19 - Service on Nonresidents Operating Aircraft or Watercraft in the State.
48.193 - Acts Subjecting Person to Jurisdiction of Courts of State.
48.194 - Personal Service Outside State.
48.195 - Service of Foreign Process.
48.197 - Service in a Foreign Country.
48.20 - Service of Process on Sunday.
48.21 - Return of Execution of Process.
48.22 - Cumulative to Other Laws.
48.27 - Certified Process Servers.
48.29 - Certification of Process Servers.
48.31 - Removal of Certified Process Servers; False Return of Service.