RULE 7.070. METHOD OF SERVICE OF PROCESS

Service of process shall be effected as provided by law or as provided by
Florida Rules of Civil Procedure 1.070(a)–(h). Constructive service or
substituted service of process may be effected as provided by law. Service of
process on Florida residents only may also be effected by certified mail, return
receipt signed by the defendant, or someone authorized to receive mail at the
residence or principal place of business of the defendant. Either the clerk or an
attorney of record may mail the certified mail, the cost of which is in addition
to the filing fee.

Committee Notes

1978 Amendment. Present rule provides for certified or registered mail.
Certified mail has not been satisfactory since the Postal Service does not deliver
to the defendant in all cases.

1984 Amendment. Mail service is allowed on persons authorized to
receive mail for the defendant similar to substituted service by the sheriff on a
resident of the defendant’s abode. The proposal clarifies the rule that service by
mail is not available for out-of-state defendants.

1992 Amendment. The committee has found that most jurisdictions
forward the summons and complaint for service by certified mail rather than
registered mail. Therefore, the rule is changed to conform to the custom and to
be more in keeping with the other service requirements that are required by
certified mail as opposed to registered mail.

1996 Amendment. The rule is being modified to exclude Fla. R. Civ. P.
1.070(i) because Small Claims Rule 7.110(e) provides for dismissal of a claim
for failure to prosecute after 6 months of inactivity.

Court Commentary

1972 Amendment. The payment of costs of service by certified or
registered mail from the filing fee is authorized by section 34.041(1), Florida
Statutes; chapter 72-404, Laws of Florida.