Florida Statutes

Fla. Stat. § 48.194 (2025)

Personal service in another state, territory, or commonwealth of the United States.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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

¹(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(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.

(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:

(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.

(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 5, ch. 2025-13, provides:

“(1) The amendments made to chapter 48, Florida Statutes, by chapter 2022-190, Laws of Florida, apply to causes of action that accrued on or after January 2, 2023, and to all causes of action that accrued before January 2, 2023, for which service of process was effectuated on or after January 2, 2023.

“(2) Notwithstanding subsection (1), any service of process that occurred between January 2, 2023, and October 1, 2025, which has not been invalidated by a court, is valid if such service complied with either chapter 48, Florida Statutes, as amended by chapter 2022-190, Laws of Florida, or the laws governing service of process in effect before January 2, 2023, which would have applied in the absence of chapter 2022-190, Laws of Florida.

“(3) The amendments made by this act apply to all service of process made or effectuated on or after October 1, 2025, regardless of whether the cause of action accrued before, on, or after October 1, 2025.

“(4) This section does not extend or modify the time for challenging the validity of any service of process and does not revive any ability to challenge the validity of service of process which has previously been waived.”

Notes of Decisions

Cited in 97 cases (3 in the last 5 years), 1974–2023 · leading case: Electro Eng'g Prods. Co., Inc. v. Lewis, 352 So. 2d 862 (Fla. 1977).

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Electro Eng'g Prods. Co., Inc. v. Lewis, 352 So. 2d 862 (Fla. 1977). · cites it 5× “We further determine that service of process was proper pursuant to Section 48.194, Florida Statutes (1975), and determine that there is no conflict between that *865 section and Section 48.”

Mouzon v. Mouzon, 458 So. 2d 381 (Fla. 5th DCA 1984). · cites it 5× “Fla. Stat. §§ 48.194 and 48.031 (1981). Thus when properly perfected, "long-arm" personal service outside the *384 state is the equivalent of personal service within the state.”

Tracfone Wireless, Inc. v. Hernandez, 196 F. Supp. 3d 1289 (S.D. Fla. 2016). · cites it 2× “There, the court was deciding whether service was proper under Fla. Stat. § 48.194 (1), which provides, in part, that “[s]ervice 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…”

Bedford Comput. Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla. 1986). · cites it 4× “However, section 48.194, Florida Statutes (1983), authorizes only personal service to be made on persons outside of this state.”

Shepheard v. Deutsche Bank Trust Co., 922 So. 2d 340 (Fla. 5th DCA 2006). · cites it 4× “Deutsche Bank did not attempt service through registered mail as authorized by section 48.194, Florida Statutes (2003), to any address in England.”

Berne v. Beznos, 819 So. 2d 235 (Fla. 3d DCA 2002). · cites it 4× “See § 48.194(1), Fla. Stat. (2000). The trial court denied the motion to quash and this appeal follows.”

Caribe & Panama Invs. v. Christensen, 375 So. 2d 601 (Fla. 3d DCA 1979). · cites it 6× “Section 48.194, Florida Statutes (1977), states that "[s]ervice of [p]rocess on persons outside of this state shall be made in the same manner as service within this state by any officer authorized to serve process in the state where the person is served.”

Am. Motors Corp. v. Abrahantes, 474 So. 2d 271 (Fla. 3d DCA 1985). · cites it 4× “The plaintiffs initially filed suits against AMC and Jeep on April 12, 1983, effecting service of process in the manner provided by section 48.194, Florida Statutes (1981). AMC and Jeep timely moved to dismiss the initial actions for lack of personal jurisdiction over the…”

Atl. Lines, Ltd. v. M/V DOMBURGH, 473 F. Supp. 700 (S.D. Fla. 1979). · cites it 5× “193(2) wherein it states: Service of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally serving the process upon the defendant outside this state, as provided in F.S. 48.194. The service…”

PSR ASSOC. v. Artcraft-Health, 364 So. 2d 855 (Fla. 2d DCA 1978). · cites it 4× “(g) Breaches a contract in this state by failing to perform acts required by the contract to be performed in this state.”

Dimino v. Farina, 572 So. 2d 552 (Fla. 4th DCA 1990). · cites it 4× “Appellant argues that because appellee failed to treat the second amended complaint as the original pleading and effect service of process in accordance with section 48.194, Florida Statutes (1989), the trial court's order denying the motion to quash process should be reversed.”

Paola A. Alvardo-Fernandez v. Matthew Mazoff, 151 So. 3d 8 (Fla. 4th DCA 2014). · cites it 3× “” The relevant provision of section 48.194, Florida Statutes (2013), is subsection (1), which reads, in pertinent part, as follows: “Service of process on persons outside the United States may be required to conform to the provisions of the Hague Convention .”

Show all 97 citing cases →

— 48.194(1) — 13 cases

Berne v. Beznos, 819 So. 2d 235 (Fla. 3d DCA 2002). “See § 48.194(1), Fla. Stat. (2000). The trial court denied the motion to quash and this appeal follows.”

Anthony v. Gary J. Rotella & Assocs., 906 So. 2d 1205 (Fla. 4th DCA 2005).

Carter v. Lil'Joe Records, Inc., 829 So. 2d 953 (Fla. 4th DCA 2002).

Volkswagen Aktiengesellschaft v. Jones, 227 So. 3d 150 (Fla. 2d DCA 2017).

Ingenieria Y Exportacion De Tecnologia S.L. v. Freytech, Inc., 210 So. 3d 211 (Fla. 2d DCA 2016).

— 48.194(1)(e) — 1 case

Dept. of Health & Rehab. Servs. v. Wright, 522 So. 2d 838 (Fla. 1988).

— 48.194(2) — 3 cases

Godsell v. United Guar. Residential Ins., 923 So. 2d 1209 (Fla. 5th DCA 2006).

Fed. Nat. Mortg. Ass'n v. Fandino, 751 So. 2d 752 (Fla. 3d DCA 2000).

Fed. Nat'l Mortg. Ass'n v. Fandino, 751 So. 2d 752 (Fla. 3d DCA 2000).

— 48.194(2)(a) — 3 cases

Fed. Nat. Mortg. Ass'n v. Fandino, 751 So. 2d 752 (Fla. 3d DCA 2000).

Fed. Nat'l Mortg. Ass'n v. Fandino, 751 So. 2d 752 (Fla. 3d DCA 2000).

Gen. de Seguros, S.A. v. Consol. Prop. & Cas. Ins. Co., 776 So. 2d 990 (Fla. 3d DCA 2001).

— 48.194(4) — 2 cases

Fed. Nat. Mortg. Ass'n v. Fandino, 751 So. 2d 752 (Fla. 3d DCA 2000).

Fed. Nat'l Mortg. Ass'n v. Fandino, 751 So. 2d 752 (Fla. 3d DCA 2000).

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