Florida Statutes

Fla. Stat. § 48.021 (2025)

Process; by whom served.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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48.021 Process; by whom served.—

(1) All process shall be served by the sheriff of the county where the person to be served is found, except nonenforceable civil process, criminal witness subpoenas, and criminal summonses may be served by a special process server appointed by the sheriff as provided in this section or by a certified process server as provided in s. 48.27. Civil witness subpoenas shall be served by any person authorized by rules of civil procedure.

(2)(a) The sheriff of each county may, in his or her discretion, establish an approved list of natural persons designated as special process servers. The sheriff shall add to such list the names of those natural persons who have met the requirements provided for in this section. Each natural person whose name has been added to the approved list is subject to annual recertification and reappointment by the sheriff. The sheriff shall prescribe an appropriate form for application for appointment. A reasonable fee for the processing of the application shall be charged.

(b) A person applying to become a special process server shall:

1. Be at least 18 years of age.

2. Have no mental or legal disability.

3. Be a permanent resident of the state.

4. Submit to a background investigation that includes the right to obtain and review the criminal record of the applicant.

5. Obtain and file with the application a certificate of good conduct that specifies there is no pending criminal case against the applicant and that there is no record of any felony conviction, nor a record of a misdemeanor involving moral turpitude or dishonesty, with respect to the applicant within the past 5 years.

6. Submit to an examination testing the applicant’s knowledge of the laws and rules regarding the service of process. The content of the examination and the passing grade thereon, and the frequency and the location at which the examination is offered must be prescribed by the sheriff. The examination must be offered at least once annually.

7. Take an oath that the applicant will honestly, diligently, and faithfully exercise the duties of a special process server.

(c) The sheriff may prescribe additional rules and requirements directly related to subparagraphs (b)1.-7. regarding the eligibility of a person to become a special process server or to have his or her name maintained on the list of special process servers.

(d) An applicant who completes the requirements of this section must be designated as a special process server provided that the sheriff of the county has determined that the appointment of special process servers is necessary or desirable. Each special process server must be issued an identification card bearing his or her identification number, printed name, signature and photograph, and an expiration date. Each identification card must be renewable annually upon proof of good standing.

(e) The sheriff shall have the discretion to revoke an appointment at any time that he or she determines a special process server is not fully and properly discharging the duties as a special process server. The sheriff shall institute a program to determine whether the special process servers appointed as provided for in this section are faithfully discharging their duties pursuant to such appointment, and a reasonable fee may be charged for the costs of administering such program.

(3) A special process server appointed in accordance with this section shall be authorized to serve process in only the county in which the sheriff who appointed him or her resides and may charge a reasonable fee for his or her services.

(4) Any special process server shall be disinterested in any process he or she serves; and if the special process server willfully and knowingly executes a false return of service or otherwise violates the oath of office, he or she shall be guilty of a felony of the third degree, punishable as provided for in s. 775.082, s. 775.083, or s. 775.084, and shall be permanently barred from serving process in Florida.

History.—s. 16, July 22, 1845; s. 1, ch. 3721, 1887; RS 1014, 1246; GS 1401; RGS 2598; s. 1, ch. 9318, 1923; CGL 4238; s. 4, ch. 67-254; s. 12, ch. 73-334; s. 1, ch. 76-263; s. 2, ch. 79-396; s. 1, ch. 81-266; s. 1, ch. 88-135; s. 2, ch. 91-306; s. 268, ch. 95-147; s. 16, ch. 98-34; s. 2, ch. 2009-215; s. 3, ch. 2019-67.

Note.—Former s. 47.12.

Arrestable Offenses under F.S. 48.021

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§48.021(4)FRAUDPROCESS SERVER EXECUTE FALSE RETURN OF SERVICEF · 3rd

§48.021(4)PUBLIC ORDER CRIMESPROCESS SERVER OTHERWISE VIOL OATH OF OFFICEF · 3rd

Notes of Decisions

Cited in 25 cases (4 in the last 5 years), 1971–2026 · leading case: John Coffin v. Stacy Brandau, 642 F.3d 999 (11th Cir. 2011).

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John Coffin v. Stacy Brandau, 642 F.3d 999 (11th Cir. 2011). · cites it 2× “See Fla. Stat. Ann. § 48.021 (outlining the 12 general guidelines for who may serve process).”

Space Coast Credit Union v. the First, FA, 467 So. 2d 737 (Fla. 5th DCA 1985). · cites it 3× “021, Florida Statutes (1983), states that all process shall be served by the sheriff of the county where the person to be served is found or by a special process server appointed by the sheriff, except for witness subpoenas which may be served by any person authorized by law to…”

Abbate v. Provident Nat. Bank, 631 So. 2d 312 (Fla. 5th DCA 1994). · cites it 3× “The plaintiff asserts that since under section 48.021 process can be served by the sheriff of the county where the person to be served is found, a certified process server should be able to be used whenever service is to be made on a person found in the circuit where the process…”

Bradley Fiduciary Corp. v. Citizens & S. Int'l Bank, 431 So. 2d 196 (Fla. 3d DCA 1983). · cites it 4× “Section 48.021 provides in part: (2) The sheriff of each county shall appoint as many process servers as he in good faith deems necessary and who meet the requirements herein, each of whom shall be at least 18 years of age and a permanent resident of the state.”

Decker v. Kaplus, 763 So. 2d 1229 (Fla. 5th DCA 2000). · cites it 2× “Provident National Bank, 631 So.2d 312 (Fla. 5th DCA 1994).”

Vidal v. SunTrust Bank, 41 So. 3d 401 (Fla. 4th DCA 2010). “Nevertheless, where other requirements for service of process, which do not directly implicate due process, have been violated, courts still have determined that service is defective, and no jurisdiction has been obtained over the defendant.”

Sutor v. Cochran, 687 So. 2d 897 (Fla. 4th DCA 1997). · cites it 25× “This case requires us to consider the scope of a sheriffs authority, pursuant to section 48.021, Florida Statutes (1993), to regulate special process servers.”

Lennar Homes v. Gabb Const. Servs., 654 So. 2d 649 (Fla. 3d DCA 1995). “See § 48.021(1)-(2)(a), Fla. Stat. (1993). Lennar, nonetheless, maintained that Gabb had waived its right to contest service by filing a motion to dismiss which did not raise lack of process or insufficiency of service of process as a defense.”

B. Kelley Enter., Inc. v. Vitacost.com, Inc., 710 S.E.2d 334 (N.C. Ct. App. 2011). “Fla. Stat. § 48.021 (1) provides, in pertinent part, that “(a)ll process shall be served by the sheriff of the county where the person to be served is found .”

Warren v. Capuano, 269 So. 2d 380 (Fla. 4th DCA 1972). “In considering the provisions of Florida Statute § 48.021, F.S.A., the appellee may be reimbursed the cost of private process service in Dade County.”

Warren v. Capuano, 282 So. 2d 873 (Fla. 1973). “09, Section 48.021, and Chapter 942, F.S.A., to this case.”

Cannella v. Auto-Owners Ins. Co., 801 So. 2d 94 (Fla. 2001). “27 or section 48.021(3), Florida Statute[s] (1996), it was not void.”

Show all 25 citing cases →

— 48.021(1) — 3 cases

Abbate v. Provident Nat. Bank, 631 So. 2d 312 (Fla. 5th DCA 1994). “The plaintiff asserts that since under section 48.021 process can be served by the sheriff of the county where the person to be served is found, a certified process server should be able to be used whenever service is to be made on a person found in the circuit where the process…”

Montero v. United States Of Am. (S.D. Fla. 2022).

— 48.021(2) — 2 cases

Bradley Fiduciary Corp. v. Citizens & S. Int'l Bank, 431 So. 2d 196 (Fla. 3d DCA 1983). “Section 48.021 provides in part: (2) The sheriff of each county shall appoint as many process servers as he in good faith deems necessary and who meet the requirements herein, each of whom shall be at least 18 years of age and a permanent resident of the state.”

Sutor v. Cochran, 687 So. 2d 897 (Fla. 4th DCA 1997). “This case requires us to consider the scope of a sheriffs authority, pursuant to section 48.021, Florida Statutes (1993), to regulate special process servers.”

— 48.021(2)(a) — 1 case

— 48.021(2)(b) — 1 case

— 48.021(2)(c) — 1 case

— 48.021(2)(e) — 1 case

— 48.021(3) — 4 cases

Decker v. Kaplus, 763 So. 2d 1229 (Fla. 5th DCA 2000). “Provident National Bank, 631 So.2d 312 (Fla. 5th DCA 1994).”

Cannella v. Auto-Owners Ins. Co., 801 So. 2d 94 (Fla. 2001). “27 or section 48.021(3), Florida Statute[s] (1996), it was not void.”

Cheshire v. Birenbaum, 688 So. 2d 430 (Fla. 3d DCA 1997).

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