Florida Statute 48.21 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 48.021

Annotations, Discussions, Cases:

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

Cases Citing Statute 48.021

Total Results: 47

John Coffin v. Stacy Brandau

642 F.3d 999, 2011 U.S. App. LEXIS 11353, 2011 WL 2162997

Court of Appeals for the Eleventh Circuit | Filed: Jun 3, 2011 | Docket: 2906365

Cited 207 times | Published

a law enforcement officer. See Fla. Stat. Ann. § 48.021 (outlining the general guidelines for who may

Re-Employment Services, Ltd. v. NLAC

969 So. 2d 467, 2007 WL 3390911

District Court of Appeal of Florida | Filed: Nov 16, 2007 | Docket: 1725916

Cited 47 times | Published

summons and complaint for service, as required by section 48.21, Florida Statutes (2006). Contending that the

Gonzalez v. Totalbank

472 So. 2d 861, 10 Fla. L. Weekly 1745, 1985 Fla. App. LEXIS 14997

District Court of Appeal of Florida | Filed: Jul 16, 1985 | Docket: 1792808

Cited 32 times | Published

and informing the person of their contents." Section 48.21, Florida Statutes (1979) requires those serving

Lance Koster v. Carol Sullivan

160 So. 3d 385, 40 Fla. L. Weekly Supp. 63, 2015 Fla. LEXIS 203, 2015 WL 463509

Supreme Court of Florida | Filed: Feb 5, 2015 | Docket: 2631768

Cited 28 times | Published

ARE NOT INCLUDED IN THE FACIAL LANGUAGE OF SECTION 48.21 DEFINING INVALID SERVICE? Id. at

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

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

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 60308172

Cited 16 times | Published

information required by the applicable statute: Section 48.21, Florida Statutes (1979) requires those serving

Warren v. Capuano

269 So. 2d 380

District Court of Appeal of Florida | Filed: Nov 2, 1972 | Docket: 1722368

Cited 15 times | Published

considering the provisions of Florida Statute § 48.021, F.S.A., the appellee may be reimbursed the cost

Space Coast Credit Union v. the First, FA

467 So. 2d 737, 10 Fla. L. Weekly 823, 1985 Fla. App. LEXIS 13221

District Court of Appeal of Florida | Filed: Mar 28, 1985 | Docket: 2515535

Cited 13 times | Published

actual service of process on the garnishee. Section 48.021, Florida Statutes (1983), states that all process

Warren v. Capuano

282 So. 2d 873

Supreme Court of Florida | Filed: Jun 27, 1973 | Docket: 1235437

Cited 13 times | Published

939.06, 939.07 and 939.08, Section 142.09, Section 48.021, and Chapter 942, F.S.A., to this case. It

Lennar Homes v. Gabb Const. Services

654 So. 2d 649, 1995 Fla. App. LEXIS 5039, 1995 WL 271451

District Court of Appeal of Florida | Filed: May 10, 1995 | Docket: 1303536

Cited 11 times | Published

not a person authorized to serve process. See § 48.021(1)-(2)(a), Fla. Stat. (1993). Lennar, nonetheless

Abbate v. Provident Nat. Bank

631 So. 2d 312, 1994 WL 12396

District Court of Appeal of Florida | Filed: Jan 21, 1994 | Docket: 1464915

Cited 9 times | Published

service of process is on the plaintiff. Id. Section 48.021(1), Florida Statutes, establishes three categories

Vives v. Wells Fargo Bank, N.A.

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

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60237205

Cited 6 times | Published

provided in this section. (emphasis added). Section 48.21, Florida Statutes (2009), which is titled “Return

Vidal v. SunTrust Bank

41 So. 3d 401, 2010 Fla. App. LEXIS 11288, 2010 WL 3023386

District Court of Appeal of Florida | Filed: Aug 4, 2010 | Docket: 2325840

Cited 6 times | Published

with the statutory provisions contained in section 48.21, Florida Statutes, and noted the date and time

Petition of Stoll

309 So. 2d 190

District Court of Appeal of Florida | Filed: Mar 12, 1975 | Docket: 1770778

Cited 6 times | Published

only persons qualified to serve process, citing F.S. 48.021 which provides as follows: "All process shall

Decker v. Kaplus

763 So. 2d 1229, 2000 WL 707290

District Court of Appeal of Florida | Filed: Jun 2, 2000 | Docket: 344036

Cited 5 times | Published

in Lake County pursuant to Florida Statutes section 48.021(3). See, e.g., Cheshire v. Birenbaum, 688 So

Schneiderman v. Cantor

546 So. 2d 51, 1989 WL 69114

District Court of Appeal of Florida | Filed: Jun 28, 1989 | Docket: 1442119

Cited 5 times | Published

return had originally stated the omitted facts. § 48.21, Fla. Stat. (1987). On October 6, 1987, appellant's

Koster v. Sullivan

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

District Court of Appeal of Florida | Filed: Oct 10, 2012 | Docket: 60227242

Cited 3 times | Published

service of process. Because a strict reading of section 48.21, Florida Statutes (2010), supports the trial

Seymour Ex Rel. Williams v. Panchita Investment, Inc.

28 So. 3d 194, 2010 Fla. App. LEXIS 2097, 2010 WL 624129

District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 1652408

Cited 3 times | Published

to amend the return of service pursuant to section 48.21, Florida Statutes (2004). August 6, 2009:

Cannella v. Auto-Owners Ins. Co.

801 So. 2d 94, 26 Fla. L. Weekly Supp. 754, 2001 Fla. LEXIS 2273, 2001 WL 1422463

Supreme Court of Florida | Filed: Nov 15, 2001 | Docket: 1744767

Cited 2 times | Published

under the former version of section 48.27 or section 48.021(3), Florida Statute[s] (1996), it was not void

Murphy v. Cach, LLC

230 So. 3d 599

District Court of Appeal of Florida | Filed: Nov 9, 2017 | Docket: 6225685

Cited 1 times | Published

substitute service did not strictly comply with section 48.21, Florida Statutes (2015), as it does .not provide

Coutts v. Sabadell United Bank, N.A.

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

District Court of Appeal of Florida | Filed: Sep 7, 2016 | Docket: 4419705

Cited 1 times | Published

the return of service of process provision (section 48.21(1), Florida Statutes (2015)) 2 ,

Tetley v. Lett

462 So. 2d 1126, 1984 Fla. App. LEXIS 13657

District Court of Appeal of Florida | Filed: Jun 13, 1984 | Docket: 64609597

Cited 1 times | Published

of service. The summons was apparently lost. Section 48.21, Florida Statutes (1981), provides: 48.21 Return

East Coast Recovery, Inc. v. Patricia Holmes, A/K/A Patricia Hevia

District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71155853

Published

demonstrate that the return of service is, under section 48.21, facially valid or regular on its face.” Koster

Esther Kassin v. 3909 Ponce De Leon LLC

District Court of Appeal of Florida | Filed: Feb 5, 2025 | Docket: 69612579

Published

failed to include the factors mandated under section 48.21(1), Florida Statutes (2023). See id. (“Each

KMG PROPERTIES, LLC v. OWL CONSTRUCTION, LLC

District Court of Appeal of Florida | Filed: Apr 24, 2024 | Docket: 68012059

Published

Sullivan, 160 So. 3d 385, 388 (Fla. 2015). Section 48.21(1) defines valid return of service:

TIMOTHY GIBSON v. STAR COLLISION AND TOWING, LLC

District Court of Appeal of Florida | Filed: Mar 15, 2024 | Docket: 68344001

Published

statutory factors contained in section 48.21." Id. Section 48.21(1), Florida Statutes (2021), provides

Timothy Wu v. Matias Alem

District Court of Appeal of Florida | Filed: Feb 21, 2024 | Docket: 68268107

Published

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

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

District Court of Appeal of Florida | Filed: Nov 23, 2022 | Docket: 65879590

Published

128 So. 3d 9, 15–16 (Fla. 3d DCA 2012). Section 48.21, Florida Statutes (2018), states that service

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

District Court of Appeal of Florida | Filed: Nov 23, 2022 | Docket: 65878967

Published

informing the person of their contents. Section 48.21, Florida Statutes, in turn, governs return of

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

District Court of Appeal of Florida | Filed: Oct 6, 2022 | Docket: 65404741

Published

includes the statutory factors contained in section 48.21, Florida Statutes: The party

KEVIN CHRISTOPHER CORRIDON v. GRACE-ELIZABETH CAROLYN CORRIDON

District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59295939

Published

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

Sadlak v. Nationstar Mortgage

252 So. 3d 302

District Court of Appeal of Florida | Filed: Jul 18, 2018 | Docket: 7461926

Published

“Return of execution of process” statute (section 48.21). See Vives v. Wells Fargo Bank, N.A., 128

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

197 So. 3d 1140, 2016 Fla. App. LEXIS 10027, 2016 WL 3541007

District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3088366

Published

S. -, 136 S.Ct. 164, 193 L.Ed.2d 45 (2015). Section 48.21, Florida Statutes (2014), identifies “four facts

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

180 So. 3d 1083, 2015 Fla. App. LEXIS 18015, 2015 WL 7752675

District Court of Appeal of Florida | Filed: Dec 2, 2015 | Docket: 3017410

Published

*1085 all the information which section 48.21(1), Florida Statutes (2012), requires:

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

178 So. 3d 45, 2015 Fla. App. LEXIS 14930, 2015 WL 5827124

District Court of Appeal of Florida | Filed: Oct 7, 2015 | Docket: 2865054

Published

that the returns .of service complied with section 48.21(1), Florida Statutes (2015), which provides:

SDS-IC v. Florida Concentrates International, LLC

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

District Court of Appeal of Florida | Filed: Jan 30, 2015 | Docket: 2629738

Published

Documents in Civil or Commercial Matters.” Section 48.21(1) provides that the required return-of-service

Frank Romeo and Connie Yang v. US Bank National Association

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

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 3599

Published

residing together in the same dwelling. Section 48.21, Florida Statutes (2013), governs returns of

Coffin v. Brandau

614 F.3d 1240

Court of Appeals for the Eleventh Circuit | Filed: Jun 3, 2011 | Docket: 171473

Published

a law enforcement officer. See Fla. Stat. Ann. § 48.021 (outlining the

Coffin v. Brandau

614 F.3d 1240

Court of Appeals for the Eleventh Circuit | Filed: Jun 3, 2011 | Docket: 171493

Published

a law enforcement officer. See Fla. Stat. Ann. § 48.021 (outlining the

Sims v. Meredith

967 So. 2d 393, 2007 WL 3033498

District Court of Appeal of Florida | Filed: Oct 19, 2007 | Docket: 2580591

Published

quashed service of both writs. We reverse. Section 48.021, Florida Statutes (2003) and (2005), provides

Khambaty v. Lepine

734 So. 2d 1183, 1999 Fla. App. LEXIS 8642, 1999 WL 434866

District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 64788750

Published

name of the person on whom it was executed. See § 48.21, Fla. Stat. (1995). Because the summons in the

Cheshire v. Birenbaum

688 So. 2d 430, 1997 Fla. App. LEXIS 1572, 1997 WL 80350

District Court of Appeal of Florida | Filed: Feb 26, 1997 | Docket: 64771252

Published

motions to dismiss, and in doing so, erred. Section 48.021(3), Florida Statutes (1995), provides that

Sutor v. Cochran

687 So. 2d 897, 1997 Fla. App. LEXIS 303, 1997 WL 30814

District Court of Appeal of Florida | Filed: Jan 29, 1997 | Docket: 64771069

Published

scope of a sheriffs authority, pursuant to section 48.021, Florida Statutes (1993), to regulate special

Russell v. Zulla

556 So. 2d 1241, 1990 Fla. App. LEXIS 1058, 1990 WL 15392

District Court of Appeal of Florida | Filed: Feb 22, 1990 | Docket: 64648187

Published

where the process server failed to comply with section 48.21, Florida Statutes and Florida Rule of Civil

Ago

Florida Attorney General Reports | Filed: Jan 5, 1989 | Docket: 3257760

Published

required by statute to be served by the sheriff. Section 48.021(1), F.S., as amended by s. 1, Ch. 88-135, Laws

Ago

Florida Attorney General Reports | Filed: Jan 6, 1986 | Docket: 3255796

Published

action), and see, ss. 48.011, and 48.021, F.S. Section 48.021 expressly provides that all process under that

Bradley Fiduciary Corp. v. Citizens & Southern International Bank

431 So. 2d 196, 1983 Fla. App. LEXIS 19231

District Court of Appeal of Florida | Filed: Apr 26, 1983 | Docket: 64596935

Published

a matter of procedure. To the extent that Section 48.021(2),3 Florida Statutes (1981), may conflict

Ago

Florida Attorney General Reports | Filed: Jul 24, 1978 | Docket: 3255977

Published

special process server appointed by the sheriff. Section 48.021, F. S. (1976 Supp.). This section does not