DecisionDepot
California legal research

Florida Florida Statutes

§ 48.194 — Personal service in another state, territory, or commonwealth of the United States

FS § 48.194Ch. 48

Statute text

View on source
[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. [1] 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.
(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.

Legislative history

s. 7, ch. 79-396; s. 36, ch. 81-259; s. 11, ch. 91-45; s. 282, ch. 95-147.