AFFIDAVIT OF SERVICE
(Florida – State Court Proceedings)
[// GUIDANCE: This template is intended for use in Florida state-court litigation to establish prima facie proof that process or other court papers were served in strict conformity with Chapter 48, Florida Statutes, and the Florida Rules of Civil Procedure. Replace every bracketed placeholder before filing. Eliminate any bracketed options that do not apply.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions (Statement of Service)
- Affiant’s Representations & Warranties
- General Provisions
- Execution Block (Notarization)
1. DOCUMENT HEADER
Affidavit Title:
AFFIDAVIT OF SERVICE OF [DESCRIBE DOCUMENT, e.g., “SUMMONS AND COMPLAINT”]
Case Caption:
IN THE [COURT_NAME] COURT OF THE [___] JUDICIAL CIRCUIT
IN AND FOR [COUNTY] COUNTY, FLORIDA
Case No.: [CASE_NO]
Parties:
[PLAINTIFF_NAME], Plaintiff,
v.
[DEFENDANT_NAME], Defendant.
Effective Date: This Affidavit is executed on [DATE_EXECUTED] in the State of Florida.
Jurisdictional Statement: This Affidavit is made pursuant to and governed by the procedural law of the State of Florida and the Florida Rules of Civil Procedure.
2. DEFINITIONS
For purposes of this Affidavit, the following capitalized terms shall have the meanings set forth below:
“Affiant” – The individual executing this Affidavit, identified in Section 6, who personally effected service or who is otherwise duly authorized to attest to the facts herein.
“Document(s) Served” – Collectively, the original(s) and copy(ies) of [DOCUMENT_SERVED], together with all attachments, exhibits, and civil cover sheet(s), if any.
“Manner of Service” – The method by which the Document(s) Served were delivered, including Personal Service, Substitute Service, or other court-authorized method, as detailed in Section 3.
“Person Served” – The individual or entity upon whom service was effected as identified in Section 3.
“Process Server” – The Affiant, if a certified process server, or such other authorized individual who performed service pursuant to Florida law.
3. OPERATIVE PROVISIONS (STATEMENT OF SERVICE)
3.1 Service Details
a. Date of Service: [SERVICE_DATE]
b. Time of Service: [SERVICE_TIME]
c. Location of Service: [SERVICE_LOCATION]
d. Person Served: [PERSON_SERVED], who is (check one):
☐ the named Defendant
☐ a co-resident at least 15 years of age (Substitute Residential Service)
☐ an authorized representative (e.g., registered agent/officer)
☐ other: [DESCRIBE]
e. Manner of Service (select one):
☐ Personal Service – hand-delivered directly to the Person Served.
☐ Substitute Service – left at the usual place of abode with [NAME] who is age [AGE] and [RELATIONSHIP] to Defendant, after two or more prior attempts at personal service.
☐ Corporate Service – delivered to [TITLE/POSITION] of [CORPORATE_DEFENDANT], the corporation’s registered agent or other agent authorized to accept service.
☐ Service by Posting – affixed in a conspicuous place as authorized by court order dated [DATE].
☐ Other court-authorized method: [DESCRIBE].
3.2 Statutory Compliance
Affiant certifies that the above service was effected in full compliance with applicable provisions of Chapter 48, Florida Statutes, and Rules 1.070 and 1.410 of the Florida Rules of Civil Procedure, including but not limited to any timing, manner, and due-diligence requirements for substitute or alternative service.
3.3 Timing Requirement
Service occurred within the time allowed by court rule or order, specifically:
• Original process - within 120 days after filing of the initial pleading, or
• Post-judgment or other papers - within the period directed by the court.
[// GUIDANCE: Modify the timing language if service was effected pursuant to an extension order.]
3.4 Fees
The statutory fee of $[AMOUNT] was tendered to the Process Server contemporaneously with issuance of the process, where applicable.
4. AFFIANT’S REPRESENTATIONS & WARRANTIES
4.1 Capacity & Authority
Affiant is (select one):
☐ a certified process server in and for [COUNTY] County, Florida, certification No. [PROCESS_SERVER_LICENSE_NO];
☐ a sheriff’s deputy/authorized law-enforcement officer; or
☐ an individual specially appointed by the court under Rule 1.070(b).
4.2 Truthfulness
Affiant declares under penalty of perjury that the facts stated in this Affidavit are true and correct to the best of Affiant’s knowledge, information, and belief.
4.3 Record Preservation
Affiant retains contemporaneous notes, GPS data, and/or photographic evidence of each service attempt and will produce same upon lawful request or court order.
4.4 Survival
The representations in this Section survive filing of this Affidavit and remain enforceable for all purposes incidental to the underlying action.
5. GENERAL PROVISIONS
5.1 Governing Law
This Affidavit shall be construed in accordance with the procedural laws of the State of Florida. Any dispute arising out of or relating hereto shall be adjudicated exclusively in the state court that issued the process referenced herein.
5.2 Severability
If any provision of this Affidavit is held invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
5.3 Counterparts & Electronic Signatures
This Affidavit may be executed in counterparts, each of which shall be deemed an original. Facsimile, PDF, or other electronic signatures shall be deemed original signatures for all purposes, provided that the signed document is properly notarized.
6. EXECUTION BLOCK
Affiant Information:
Name: [AFFIANT_NAME]
Address: [AFFIANT_ADDRESS]
Telephone: [AFFIANT_PHONE]
Email: [AFFIANT_EMAIL]
Signature:
[AFFIANT_NAME], Affiant
Date: [DATE_EXECUTED]
JURAT (Notary Acknowledgment – Florida)
STATE OF FLORIDA
COUNTY OF [COUNTY]
Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence OR ☐ online notarization, this ___ day of _, 20_, by [AFFIANT_NAME], who is ☐ personally known to me OR ☐ produced ___ as identification.
[NOTARY_PUBLIC_NAME]
Notary Public, State of Florida
Commission No.: [NOTARY_COMMISSION_NO]
My Commission Expires: [NOTARY_EXPIRATION_DATE]
[// GUIDANCE:
1. Attach proof of licensure for certified process servers if local administrative orders require it.
2. For substitute or alternative service, include an addendum detailing each prior attempted service with date, time, and outcome.
3. Review local (county-specific) administrative orders for any additional affidavit requirements (e.g., mandatory font size, margin, or caption formatting).
4. Filing: E-file the executed affidavit through the Florida Courts E-Filing Portal with the Return of Service docket code.
]