Florida Process Serving Rules: What Orlando Attorneys Need to Know

As any litigator in Orange County knows, a case can't move an inch until the defendant is served. We've seen solid cases stall out because a server missed a technicality in the Florida Statutes or failed to document a "diligent search" correctly. Whether you need standard service or complex investigation & surveillance to locate an evasive individual, understanding the ground rules keeps your firm compliant and your cases moving.

Here in Central Florida, the heat and traffic are tough, but the procedural rules can be even tougher. We wrote this guide to clarify exactly what is required to get your papers served legally and effectively.

Who Is Authorized to Serve Process in Florida?

In Florida, the sheriff of the county where the person is found is the default official for serving process. However, because the sheriff's department is often overburdened, the law allows for a Special Process Server to be appointed. To become a certified process server in the Ninth Judicial Circuit (covering Orange and Osceola counties), an applicant must be at least 18 years old, have no felony record, and pass a written examination.

Once certified, a private server has the same authority to serve non-enforceable civil writs as a sheriff's deputy. In our experience, using a private server is usually faster. While deputies are handling criminal matters and 911 calls, a dedicated server is focused solely on delivering your documents. We find that private servers can dedicate the time needed for multiple attempts—often 3 to 4 tries at different times of day—to ensure contact is made.

What Are the Time Restrictions for Service?

You can serve process in Florida Monday through Saturday, almost any time of day. However, Florida Statute 48.20 strictly prohibits service of process on Sundays. If a server hands over papers on a Sunday, that service is void, and you will have to start over. The only exception to this rule is if you obtain a specific court order stating that service is necessary on a Sunday to avoid the person escaping the jurisdiction.

While the statutes don't explicitly list "banned hours" like 2:00 AM, most professional servers operate between 6:00 AM and 10:00 PM. Serving outside these hours in residential neighborhoods like Baldwin Park or Winter Park can lead to trespassing complaints or safety issues. We generally advise sticking to reasonable waking hours unless the subject works a night shift.

How Does Substituted Service Work?

If the defendant isn't home, you can leave the papers with anyone residing there who is 15 years of age or older. The Florida Statutes require the server to inform the person of the document's contents. This is called "substituted service," and it's a lifesaver when a defendant refuses to answer the door but a spouse or teenager does.

When our team acts as your process server, we verify the co-resident's identity and age to ensure the service holds up in court. We've seen cases where a defendant tried to claim the person who took the papers was a guest or under 15. Documenting the interaction thoroughly prevents these disputes. For example, simply noting "left with Jane Doe" isn't enough; we note "Jane Doe, identified as wife, co-resident, over 15."

Can You Serve Someone at Their Workplace?

Yes, you can serve an individual at their place of employment, but there are specific protocols. Florida Statute 48.031(2)(b) requires the server to first contact the employer to make arrangements. You can't just walk past security at an office tower downtown and interrupt a meeting. The employer must designate a private area for the service to take place.

If an employer refuses to allow the service, they can actually be fined $1,000 for failing to facilitate the process. However, this is rare. In most cases, a polite call to HR or the manager resolves the issue. We find that discreet workplace service is effective because the subject is usually at a known location for 8 hours a day, unlike their home, where they might come and go unpredictably.

What Happens When a Defendant is Evasive?

When a defendant is hiding, standard service attempts will fail, and you need to move toward "service by publication." To complete this, you must prove you conducted a "diligent search and inquiry." This isn't just knocking on the door once. It involves checking DMV records, utility databases, property appraisers, and even talking to neighbors.

A skilled process server Orlando Florida, who attorneys rely on will provide an affidavit of diligence detailing every single attempt and record check. This affidavit is what allows the judge to grant constructive service. If your affidavit's thin—for example, if it only lists two attempts and no database checks—the judge will likely deny your motion. We typically recommend a minimum of 3 distinct attempts at different times before declaring a subject unserviceable.

Documentation and Proof of Service Requirements

Florida requires a return of service affidavit to be filed with the court. This document must include the date, time, manner of service, and the name of the person served. If the person was served under the sheriff's appointment (a Certified Process Server), the failure to file this proof doesn't strictly invalidate the service, but it creates a procedural mess you want to avoid.

The affidavit must be verified. We always ensure our returns are filed promptly—usually within 24 to 48 hours of service. In fast-moving cases, like a focused temporary injunction, that speed is critical. We also include a description of the person served (approximate age, height, hair color) to further validate the identity if it's later contested.

Ethical Considerations for Process Servers

Process servers cannot misrepresent themselves as law enforcement or use force to serve papers. While we can use "ruses" to get someone to open a door (like delivering a pizza box), we cannot claim to be a police officer or threaten the individual. Trespassing is another gray area; generally, a process server Orlando Florida, professionals use has an implied right to approach the front door of a residence.

However, if there is a locked gate or a "No Trespassing" sign, we have to be careful. In gated communities like those in Dr. Phillips or Lake Nona, we must gain authorized entry. We can't jump a fence. Breaching the peace essentially voids the service and can get the server arrested. Our team knows how to navigate these obstacles legally, often by contacting the guard gate with the proper statute authorization that allows entry for service of process.

Need Reliable Service in Orange County?

Don't let a service error delay your case. If you need a process server Orlando Florida legal teams have trusted for decades, we are here to help. From routine subpoenas to difficult evasive subjects, we handle it all with speed and strict adherence to Florida law.

Contact Central Florida Process and Investigations today at (407) 495-1550 to get your papers served right the first time.