Florida Secretary of State Substituted Service | PLS
Service of Process/Secretary of State Service
Types of service

Florida Secretary of State substituted service.

A specialized, attorney-directed pathway. PLS coordinates approved operational work while counsel determines eligibility, notices, affidavits, and legal compliance.

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Requirements at a glance
Attorney instruction
Counsel identifies the authorizing statute and directs the operational scope.
Complete submission set
Court-issued process, complaint, target details, instructions, and applicable attempt records.
Manual operational review
PLS confirms logistics, missing operational items, deadline, and a manual quote.

A specialized Chapter 48 process

When authorized by law, section 48.161 permits substituted service on certain nonresident individuals and foreign business entities by sending process issued in the target's name, in care of the Secretary of State, to the Secretary's office. The statute identifies several delivery methods, but the appropriate channel and complete submission package should be selected under counsel's direction.

Florida Statute § 48.171 creates a specific pathway for certain motor-vehicle cases. In plain English, a qualifying nonresident who owns or operates a vehicle in Florida is treated as having appointed the Secretary of State as an agent for service in a Florida civil lawsuit arising from an accident or collision in this state involving that vehicle. The section also addresses a qualifying Florida resident who owned, operated, leased, or was otherwise entitled to control the vehicle and later became a nonresident or concealed his or her whereabouts. This can be important in personal-injury cases involving Florida car crashes, but counsel must determine whether every condition in § 48.171 is met.

This is not ordinary residential substitute service. Section 48.161 contains separate requirements involving due diligence, notice to the party, proof, an affidavit of compliance, and timing. Section 48.181 identifies specified nonresident and foreign-business circumstances that may direct qualifying service to the section 48.161 method. For an active foreign entity with a Florida registered agent, personal service must first be attempted in the otherwise applicable manner and priority before the Secretary of State route may be considered after due diligence.

The Division of Corporations accepts qualifying submissions and notifies the plaintiff's attorney when service is accepted. It does not serve the designated individual. Counsel remains responsible for any required statutory or electronic notice, the affidavit of compliance, filing decisions, and deadlines. PLS does not make those legal determinations. When applicable, PLS works with counsel and can provide affidavits of diligence, search, and inquiry that document the counsel-directed attempts and research we performed; counsel determines the required content, legal sufficiency, and filing strategy.

When it applies

When counsel may direct this pathway.

Florida motor-vehicle case

Section 48.171 may apply to a qualifying owner or operator in a civil action arising from an in-state accident or collision involving the vehicle.

Specified nonresident

Section 48.161 may supply the method when another law authorizes Secretary of State service on a covered party.

Foreign business entity

Section 48.181 addresses specified foreign entities doing business in Florida, subject to statutory conditions and service priorities.

Specified concealment

Certain concealment circumstances may be covered, but counsel, not PLS, determines eligibility and due-diligence sufficiency.

How it works

How PLS facilitates the operational work.

Counsel owns eligibility and legal compliance. PLS handles the directed attempts and searches, supporting affidavits within our approved scope, submission logistics, acceptance records, and reporting included in the engagement.

1
Review counsel's directions

We confirm the directed operational scope, target information, court-issued process, complaint, deadline, and available attempt documentation. We do not decide eligibility.

2
Complete and document directed work

When retained for fieldwork or research, we perform the attempts and searches specified by counsel and document dates, locations, GPS, photographs, sources, and outcomes. When applicable, we can provide affidavits of diligence, search, and inquiry describing that work. Counsel evaluates due diligence and legal sufficiency.

3
Coordinate submission logistics

We coordinate the approved submission channel and package supplied under counsel's direction. The Department's online instructions call for PDF copies of the court-issued summons and complaint and, for an active entity, attempt proof.

4
Report acceptance and status

We provide submission and acceptance documentation received within our scope and report status. Our supporting affidavits describe the work PLS performed; counsel remains responsible for statutory notice, electronic notice, any affidavit of compliance required of the party or attorney, filings, legal sufficiency, and deadlines.

Frequently asked questions

When can Florida Secretary of State substituted service be used?

It may be used only when a Florida statute authorizes it and the statute's conditions are met. Section 48.171 is one specific pathway for qualifying motor-vehicle cases arising from an accident or collision in Florida. Counsel must determine eligibility, the authorizing section, and legal sufficiency.

Does the Department of State serve the defendant?

No. The Division of Corporations accepts and records qualifying substituted service and notifies the plaintiff's attorney when accepted, but it does not serve the designated individual.

What can Pro Legal Serve handle?

PLS can coordinate counsel-directed attempts, searches, submission logistics, acceptance documentation, and status reporting. When applicable, we work with counsel and can provide affidavits of diligence, search, and inquiry documenting the directed attempts and research performed. Counsel determines eligibility, the affidavit's required content and legal sufficiency, filing strategy, and compliance with the governing statute.

How is Secretary of State substituted service priced?

These matters are manually reviewed and quoted because the required attempts, documents, submission logistics, and deadlines vary by engagement.

Keep reading

Related types of service

Guide
How substituted service works →
Service type
Serving LLCs and corporations →
Guide
Florida Chapter 48 →

Need to facilitate attorney-directed Secretary of State service?

Email the court-issued process, complaint, target details, applicable attempt documentation, counsel's instructions, and deadline for a manual operational review.

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Pro Legal Serve is a licensed Florida investigative agency (FL PI Agency License #A3300059), not a law firm. This page is general information, not legal advice.