Florida Statute Title IV Chapter 48: Process and Service of Process
Current Year Florida Statutes governing the rules and requirement for service of process
Florida Rules of Civil Procedure
Rules applicable to all civil actions as well as statute proceedings
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Florida Association of Professional Process Servers
National Association of Professional Process Servers
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Florida Statute Title IV Chapter 83: Landlord and Tenant
Current Year Florida Statutes governing the requirements for Landlords and Tenants
In 1838 the Florida Constitution established a Secretary of State. The Secretary of State’s role was the custodian of the laws of Florida. The Secretary was also responsible for the “Great Seal” of the State.
Over the years the Secretary’s role has increased into a variety of other areas. The Secretary is the Chief Cultural Officer, Head of the Department of State and Chief of Elections.
When it comes to service of Process the Secretary plays a pivotal role. In certain instances, the Secretary of State is authorized to accept service of process on behalf of a defendant in a civil action. The Secretary may accept service on a person engaging in business in Florida, a person involved in a motor vehicle accident in Florida, or a non- resident of Florida.
Substitute service on the Secretary of State requires an additional fee of $8.75 for processing. In most cases the Secretary of State will require an affidavit of Diligent Search to determine no other alternative means of service of process is available or likely to succeed.
The Chief Financial Officer for the State of Florida has a key role in the service of process. In 1998 the Florida Legislature began a process of merging the Treasury, Department of Banking and Finance, Department of Insurance and State Fire Marshall. This process was completed in 2003 with the formation of the Department of Financial Services.
The Department consists of over 2,000 employees divided amongst 14 departments. One division is acting as the Registered Agents for Insurance Companies throughout the State of Florida. When serving process on the Chief Financial officer for the State of Florida make sure to include an extra copy of the service package (summons, complaint, exhibits, etc), a $15.00 check made payable to the Department of Financial Services, and ensure the Attorney’s name and address are correct and clearly printed on the summons or subpoena.
The Chief Financial Officer only accepts the initial process. All other transmittals would go directly to the insurance company.
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