Does a State Judicial District's COVID19 Administrative Order Justify Alternative Service of Process?

No.

Blue Water Dynamics, LLC has sued Anthony Kalil for copyright infringement, but Blue Water is having difficulty serving Kalil.  According to Plaintiff, its process server made 3 attempts to serve Kalil in March, 2020, and Defendant either was not home or refused to answer the door.  Plaintiff seeks permission to serve Defendant via U.S. Mail and FedEx.

Plaintiff argues that the 19th Judicial District, presumably where Defendant may be found, has issued an Administrative Order prohibiting certain activities.  Plaintiff argues that "No authorized process servers are permitted to personally serve Mr. Kalil at this time.  Accordingly, this Court should permit service of Defendant by U.S. Mail or Federal Express."

The Court was not convinced.  Failing to find the language in the Administrative Order which Plaintiff relies on, the Court instead turned to Executive Order 20-91, entered by Florida's Governor on April 1, 2010.   That Executive Order explicitly supersedes any conflicting official action or order issued by local officials and recognizes that "professional services, such as legal" are essential services which may continue operating.

If take-out and delivery of pizza and beer are currently permitted as essential by the various governing orders, the Court is hard-pressed to conclude that the perfection of service of process (as legally-mandated by the Federal Rules of Civil Procedure and Florida statute) does not fall within the exception for “professional services”; service of process is a legal service necessary to comply with the relevant statutes and rules, ensure due process, and allow for the orderly resolution of disputes and operation of the Court.

[Editor note: Interestingly, Ex. Order 20-91 was amended a few hours after it was entered by Ex. Order 20-92.  The amendment changed the provision relied upon by the Court in this decision.  Prior to the amendment, Ex. Order 20-91 provided:

This Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19 but only to the extent that such action or order allows essential services or essential activities prohibited by this Executive Order. 

After amendment, Ex. Order 20-92 provides:

This Order shall supersede any conflicting official action or order issued by local officials in response to COVID-19. 

]
Ex Parte Motion for Order Authorizing Alternative Service of Process, Denied.
Blue Water Dynamics, LLC v. Kalil, Case No. 6:20-CV-290-ORL-78DCI (M.D. Fla. Apr. 17, 2020) (Mag. J. Irick)