Florida Statute 48.021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

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F.S. 48.021

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.

F.S. 48.021 on Google Scholar

F.S. 48.021 on Casetext

Amendments to 48.021

Arrestable Offenses / Crimes under Fla. Stat. 48.021

Level: Degree
Misdemeanor/Felony: First/Second/Third

S48.021 4 - FRAUD - PROCESS SERVER EXECUTE FALSE RETURN OF SERVICE - F: T

S48.021 4 - PUBLIC ORDER CRIMES - PROCESS SERVER OTHERWISE VIOL OATH OF OFFICE - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 48.021

Total Results: 20

Danny's Fuel Corp. v. Brinks US, a Division of Brink's Incorporated

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: 2 Section 48.21, Florida Statutes (2023), provides that a return…they were “served in a representative capacity.” § 48.21, Fla. Stat. (2023). Effective January 2, 2023

KMG PROPERTIES, LLC v. OWL CONSTRUCTION, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-24T00:00:00-07:00

Snippet: 160 So. 3d 385, 388 (Fla. 2015). Section 48.21(1) defines valid return of service: … "manner of service" means in section 48.21. See State v. Hearns, 961 So. 2d 211, 217 (Fla. …demonstrate that the return of service is, under section 48.21, facially valid or regular on its face." Koster

TIMOTHY GIBSON v. STAR COLLISION AND TOWING, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-15T00:00:00-07:00

Snippet: statutory factors contained in section 48.21." Id. Section 48.21(1), Florida Statutes (2021), provides…invalidates service unless the return is amended.3 See § 48.21(2) ("[T]he return is amendable to state the…John Doe" is facially deficient under section 48.21 because it does not contain the name of the person… contained all the elements required by section 48.21(1). As such, Gibson met his initial burden of establishing

Timothy Wu v. Matias Alem

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-21T00:00:00-08:00

Snippet: are facially regular and compliant with section 48.21, Florida Statutes. Alem failed to respond, and the

DENSYL ALEXIS DIAZ RODRIGUEZ v. HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-22T23:53:00-08:00

Snippet: So. 3d 9, 15–16 (Fla. 3d DCA 2012). Section 48.21, Florida Statutes (2018), states that service is…were served in a representative capacity. Section 48.21(2) provides that a return of service can be amended…application to the court from which process issued.” § 48.21(2), Fla. Stat. (2018). “On amendment” of the return…manner and time of service as required by section 48.21(1). Rodriguez argues that the court erred in accepting…meaning. E.g., Koster, 160 So. 3d at 390. Section 48.21(2) provides that a return of service can be amended

TAMARA CARUS v. COVE AT ISLES AT BAYSHORE HOMEOWNERS ASSOCIATION, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-22T23:53:00-08:00

Snippet: informing the person of their contents. Section 48.21, Florida Statutes, in turn, governs return of execution…must contain the information set forth in section 48.21, Florida Statues. Coutts v. Sabadell United Bank…information invalidates a return of service. See § 48.21(2), Fla. Stat.; see also Gonzalez v. Totalbank,…failure to record the facts set forth in section 48.21, Florida Statues, invalidates the service, unless… of process is facially deficient under section 48.21 because it does not contain the name of the person

JONATHAN MICHAEL SCHULER v. SANDY T. FOX, P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-06T00:53:00-07:00

Snippet: includes the statutory factors contained in section 48.21, Florida Statutes: The party who … return of service is, under section 48.21, facially valid or regular on its …statutory factors contained in section 48.21. If the return is regular on its face…however, is not one of the factors listed in section 48.21, and Schuler has not cited any authority that supports… The statutory factors set forth in section 48.21 are, in pertinent part, as follows:

KEVIN CHRISTOPHER CORRIDON v. GRACE-ELIZABETH CAROLYN CORRIDON

Court: Fla. Dist. Ct. App. | Date Filed: 2021-02-16T23:53:00-08:00

Snippet: return- of-service form described in [section] 48.21, or any other competent evidence in determining

Sadlak v. Nationstar Mortgage

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-18T00:53:00-07:00

Snippet: Return of execution of process” statute (section 48.21). See Vives v. Wells Fargo Bank, N.A., 128 So. …requirements set forth in sections 48.031(1)(a) and 48.21.”); Robles-Martinez v. Diaz, Reus & Targ, LLP…information required by the applicable statute: Section 48.21, Florida Statutes * “We review de novo the trial…who effects the service of process. Id. § 48.21(1). The return of service, here, meets these… 3 While sections 48.031(1)(a) and 48.21(1) do not require that the return of service list

Murphy v. Cach, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-09T00:00:00-08:00

Citation: 230 So. 3d 599

Snippet: substitute service did not strictly comply with section 48.21, Florida Statutes (2015), as it does .not provide…process is regular or valid on its face. Section 48.21 governs the return of execution of process. This…omitted facts or included the signature.... § 48.21, Fla. Stat. (2015). Therefore, for a return of service… of process is facially deficient under section 48.21 because it does not contain the name of the person…’s name is insufficient compliance with section 48.21. Vives v. Wells Fargo Bank, N.A., 128 So.3d 9, 15

Coutts v. Sabadell United Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-07T00:00:00-07:00

Citation: 199 So. 3d 1099, 2016 Fla. App. LEXIS 13419, 2016 WL 4645513

Snippet: return of service of process provision (section 48.21(1), Florida Statutes (2015)) 2 , clearly…. The court noted that “the language of section 48.21 does not expressly incorporate section 48.031, nor…en-graft the provisions of section 48.031 onto section 48.21, acknowledging it “has no power to ‘extend, modify…must contain the information set forth in section 48.21, but need not contain information showing compliance…that the return of service complied with section 48.21 and contained the requisite information as set forth

James Matthews and Roberta Matthews v. U.S. Bank, National Association, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-29T00:00:00-07:00

Citation: 197 So. 3d 1140, 2016 Fla. App. LEXIS 10027

Snippet: , 136 S.Ct. 164, 193 L.Ed.2d 45 (2015). Section 48.21, Florida Statutes (2014), identifies “four facts…they contain the four facts required by section 48.21:(1) the process server received the pleadings on

Janet Mauro and Dennis Quinn v. Wells Fargo Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-02T00:00:00-08:00

Citation: 180 So. 3d 1083, 2015 Fla. App. LEXIS 18015

Snippet: *1085 all the information which section 48.21(1), Florida Statutes (2012), requires: Each…electronic signature certified by the sheriff. § 48.21(1), Fla. Stat. (2012). The return of service

David Davidian and Irma Davidian v. JP Morgan Chase Bank, National Association

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-07T00:00:00-07:00

Citation: 178 So. 3d 45, 2015 Fla. App. LEXIS 14930

Snippet: that the returns .of service complied with section 48.21(1), Florida Statutes (2015), which provides: …They were shown to comply with section 48.031 and 48.21, Florida Statutes (2015). Thus, the burden shifted

Lance Koster v. Carol Sullivan

Court: Fla. | Date Filed: 2015-02-05T00:00:00-08:00

Citation: 160 So. 3d 385, 40 Fla. L. Weekly Supp. 63, 2015 Fla. LEXIS 203

Snippet: was served in this case, section 48.21 provided as follows: 48.21 Return of execution of process. … NOT INCLUDED IN THE FACIAL LANGUAGE OF SECTION 48.21 DEFINING INVALID SERVICE? Id. at 886…are not included in the requirements of section 48.21, Florida Statutes (2009), defining valid return …service met the textual requirements of section 48.21, the Second District stated that the issue was whether… specifying the manner of service under section 48.21, the process server was also required to list the

SDS-IC v. Florida Concentrates International, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-30T00:00:00-08:00

Citation: 157 So. 3d 389, 2015 Fla. App. LEXIS 1232, 2015 WL 403999

Snippet: Documents in Civil or Commercial Matters.” Section 48.21(1) provides that the required return-of-service … it by the person making the service”). Section 48.21(2) adds that although the return-of-service is amendable

Frank Romeo and Connie Yang v. US Bank National Association

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-30T00:00:00-07:00

Citation: 144 So. 3d 585, 2014 WL 3729907, 2014 Fla. App. LEXIS 11608

Snippet: Section 48.21, Florida Statutes (2013), governs returns of executions of process. Section 48.21(1) provides… whom it was served.” (emphasis added). Section 48.21(2) states that “[a] failure to state the facts .…return of execution of process statute— section 48.21 — and the general service of process statutes — …service, is governed only by the language of section 48.21 and does not require express reference to section…addition to deficiencies in a return under section 48.21, the lack of a requirement listed in section 48.031

Koster v. Sullivan

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-10T00:00:00-07:00

Citation: 103 So. 3d 882, 2012 WL 4798610, 2012 Fla. App. LEXIS 17423

Snippet: of process. Because a strict reading of section 48.21, Florida Statutes (2010), supports the trial court…for a return of service are set forth in section 48.21, Florida Statutes, the applicable version of which…return of service to be sufficient under section 48.21, the term “manner of service” must be strictly construed… here meets the textual requirements of section 48.21. The question then becomes whether meeting those…service, is governed only by the language of section 48.21 and does not require express reference to section

Vives v. Wells Fargo Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-27T00:00:00-07:00

Citation: 128 So. 3d 9, 2012 WL 2400891, 2012 Fla. App. LEXIS 10393

Snippet: provided in this section. (emphasis added). Section 48.21, Florida Statutes (2009), which is titled “Return…requirements set forth in sections 48.031(l)(a) and 48.21. The return of service does not state the name of

Robles-Martinez v. Diaz, Reus & Targ, LLP

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-17T00:00:00-07:00

Citation: 88 So. 3d 177, 2011 Fla. App. LEXIS 12980, 2011 WL 3586179

Snippet: information required by the applicable statute: Section 48.21, Florida Statutes (1979) requires those serving …served, both of which are required under section 48.21, Florida Statutes); Nat’l Safety Assocs., Inc. v