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Florida Statute 48.011 | Lawyer Caselaw & Research
F.S. 48.011 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 48.011

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 48
PROCESS AND SERVICE OF PROCESS
View Entire Chapter
F.S. 48.011
48.011 Process; how directed.—Summons, subpoenas, and other process in civil actions run throughout the state. All process except subpoenas shall be directed to all and singular the sheriffs of the state.
History.—s. 1, ch. 4397, 1895; GS 1397; RGS 2594; CGL 4234; s. 2, ch. 29737, 1955; s. 4, ch. 67-254.
Note.—Former s. 47.08.

F.S. 48.011 on Google Scholar

F.S. 48.011 on Casetext

Amendments to 48.011


Arrestable Offenses / Crimes under Fla. Stat. 48.011
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.011.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Kinsale Ins. Co. v. Murphy

    285 So. 3d 411 (Fla. Dist. Ct. App. 2019)   Cited 1 times
    A Florida subpoena has no force outside the state, absent compliance with another state's requirements for service of process. § 48.011, Fla. Stat. (2018) ("Summons, subpoenas, and other process in civil actions run throughout the state."); see Ulloa v. CMI, Inc., 133 So.3d. 914 (Fla. 2013) (quashing subpoena duces tecum in criminal case when improperly served on corporation located outside territorial boundary of Florida); see Quest Diagnostics Inc. v. Swaters, 94 So. 3d 635, 640 (Fla. 4th DCA 2012) (holding party seeking to serve subpoena on nonparty in civil case required to comply with requirements for service of process in state where no party was located). Here, the trial court departed from the essential requirements of law by denying the motion to quash the subpoena purportedly served by mail on a nonparty located outside the state of Florida which did not comply with Virginia law authorizing such service.
    PAGE 412

  2. ATLC, LTD. v. EASTMAN KODAK COMPANY

    Case No. 6:06-cv-416-Orl-19KRS (M.D. Fla. Oct. 11, 2006)
    The portion of the motion seeking to quash the subpoena duces tecum served on nonparty Nokia, Inc. is DENIED. The subpoena was validly issued from this Court, as this is the place in which production of the documents was to be made. See Fed.R.Civ.P. 45(a)(2)(C). The subpoena was validly served upon Nokia, Inc. in Weston, Florida under the portion of Federal Rule of Civil Procedure 45 that incorporates state service of process rules by reference. See Rule 45(b)(2); Fla. Stat. § 48.011. Whether the subpoena infringes other protections available to a nonparty under Rule 45 is an issue that must be raised by recipients of the subpoena.
    PAGE 2

  3. Benedict v. General Motors Corp.

    142 F. Supp. 2d 1330 (N.D. Fla. 2001)   Cited 3 times
    Florida law recognizes both the traditional method of service within the state, see Fla. Stat. § 48.011, and the newer "long-arm" approach under which service may be made outside the state, see Fla. Stat. § 48.193. For a corporation, service within the state may be made on specified officers or the registered agent. See Fla. Stat. § 48.081. Any corporation that is incorporated in or registers to do business in Florida must designate a registered agent for service of process. See Fla. Stat. § 48.091.

  4. Abbate v. Provident Nat. Bank

    631 So. 2d 312 (Fla. Dist. Ct. App. 1994)   Cited 15 times
    Under Florida law, all process of all courts run throughout the state. § 48.011, Fla. Stat. Thus, process can be issued in one county and served in any other county in the state. Linger v. Balfour, 102 Fla. 591, 136 So. 433 (1931). The defendant concedes the sheriff of Palm Beach County or his designee or even an elisor could have served him in Palm Beach County, but claims that a certified process server appointed by the chief judge of the Palm Beach Circuit Court could not. Since it is well settled that: (1) all process of all courts run throughout the state, and (2) certified process servers are authorized by law to serve process, then logically a process server certified in one county would be authorized to serve process originating from another judicial circuit unless section 48.27, Florida Statutes restricts such authority.
    PAGE 314

  5. In re Amendments to the Florida Rules of Civil Procedure

    604 So. 2d 1110 (Fla. 1992)   Cited 23 times

    Bar No. _____________ FORM 1.915 . WRIT OF POSSESSION : Committee Notes 1973 Amendment. § section 48.011, F.S. Florida Statutes. 1980 Amendment. , FORM 1.916 . REPLEVIN ORDER TO SHOW CAUSE , , , M m ,

  6. Stokes v. Bell

    441 So. 2d 146 (Fla. 1983)   Cited 8 times
    It is only reasonable and entirely consistent with the unambiguous language of section 48.011 that a resident of this state be subject to service of process anywhere in this state. It matters not that he is outside the county of his residence when he is served.
    PAGE 148

  7. Stokes v. Bell

    424 So. 2d 949 (Fla. Dist. Ct. App. 1983)   Cited 1 times
    48.011 Process; how directed. — Summons, subpoenas and other process in civil actions run throughout the state. All process except subpoenas shall be directed to all and singular the sheriffs of the state.

  8. Davidson v. Green

    367 So. 2d 1032 (Fla. Dist. Ct. App. 1979)   Cited 2 times
    Chapter 4397, Section 1, Florida Laws (1895), as amended, Section 48.011, Florida Statutes (1977):
    PAGE 1034

  9. Electro Engineering Products Co. v. Lewis

    352 So. 2d 862 (Fla. 1977)   Cited 85 times
    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 section and Section 48.011, Florida Statutes (1975). Strict compliance with service of process procedures is required in order to insure that a defendant receives sufficient notice of the legal action brought against him in this state. The fact that our state legislative authority does not extend beyond state borders does not prevent the service of proper notice to non-residents as to suits brought against them here. Section 48.194, Florida Statutes (1975) is constitutional in that it provides a procedure for notifying parties in compliance with the requirements of due process.
    PAGE 865

  10. In re the Florida Bar

    265 So. 2d 21 (Fla. 1972)   Cited 18 times
    When Required. 1972 Amendment. Summons-Issuance. Service — By Whom Made. 1972 Amendment. Service of Orders. 1972 Amendment. Pleadings. 1972 Amendment. 60 So.2d 158 123 So.2d 562 When Presented. How Presented. Motion to Strike. Consolidation of Defenses. Waiver of Defenses. 1972 Amendment. Additional Parties May be Brought In. Demand Exceeding Jurisdiction; Transfer of Action. 1972 Amendment. Generally. 1972 Amendment. Adding Parties. 1972 Amendment. Discovery Methods. Scope of Discovery. In General. Trial Preparation: Materials. Trial Preparation: Experts. Protective Orders. Sequence and Timing of Discovery. Supplementing of Responses. 1972 Amendment. When Depositions May Be Taken. Notice of Examination. General requirements; special notice; non-stenographic recording; production of documents and things; deposition of organization. Examination and Cross-Examination; Record of Examination; Oath; Objections. Motion to Terminate or Limit Examination. Submission to Witness; Changes; Signing. Certification and Filing by Officer; Exhibits; Copies; Notice of Filing. Failure to Attend or to Serve Subpoena; Expenses. 1972 Amendment. Serving Questions; Notice. Officer to Take Responses and…

Cases from cite.case.law:

E. BENEDICT, v. GENERAL MOTORS CORPORATION L. L. C., 142 F. Supp. 2d 1330 (N.D. Fla. 2001)

. . . . § 48.011, and the newer “long-arm” approach under which service may be made outside the state, see . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . The form is changed to make the direction conform to the statutory requirement in section 48.011, Florida . . .

ABBATE, v. PROVIDENT NATIONAL BANK, a, 631 So. 2d 312 (Fla. Dist. Ct. App. 1994)

. . . . § 48.011, Fla.Stat. . . .

In RETTEMNIER, 113 B.R. 757 (Bankr. S.D. Fla. 1990)

. . . Sec. 48.011 (1987) upon the garnishee, Harbor Federal Savings & Loan Association and required the garnishee . . .

G. STOKES, v. BELL,, 441 So. 2d 146 (Fla. 1983)

. . . Section 48.011, Florida Statutes (1981), specifically and unambiguously provides that service of process . . . Section 48.011 provides that summons, subpoenas, and other process in civil actions run throughout the . . . To hold otherwise is to rewrite section 48.011. . . . It is only reasonable and entirely consistent with the unambiguous language of section 48.011 that a . . . The district court stated that it could not reconcile Adams with section 48.011, Florida Statutes (1981 . . .

G. STOKES, v. BELL, Jr., 424 So. 2d 949 (Fla. Dist. Ct. App. 1983)

. . . Process in civil actions is governed by section 48.011, Florida Statutes (1981), which facially indicates . . . JOANOS and WIGGINTON, JJ., concur. . 48.011 Process; how directed. — Summons, subpoenas and other process . . .

I. DAVIDSON, v. GREEN, a a O D. L. C. L., 367 So. 2d 1032 (Fla. Dist. Ct. App. 1979)

. . . 1 Brock. 203, Fed.Cas.No. 8411. .Chapter 4397, Section 1, Florida Laws (1895), as amended, Section 48.011 . . .

ELECTRO ENGINEERING PRODUCTS CO. INC. v. LEWIS,, 352 So. 2d 862 (Fla. 1977)

. . . , Florida Statutes (1975), and determine that there is no conflict between that section and Section 48.011 . . .

In THE FLORIDA BAR, 265 So. 2d 21 (Fla. 1972)

. . . . § 48.011 F.S.A. FORM 1.916. . . .