Florida Statute 48.031 | 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. 48.031

48.031 Service of process generally; service of witness subpoenas.—

(1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. Minors who are or have been married shall be served as provided in this section.

(b) An employer, when contacted by an individual authorized to serve process, shall allow the authorized individual to serve an employee in a private area designated by the employer. An employer who fails to comply with this paragraph commits a noncriminal violation, punishable by a fine of up to $1,000.

(2)(a) Substituted service on the spouse of the person to be served may be made at any place in a county by an individual authorized under s. 48.021 or s. 48.27 to serve process in that county, if the cause of action is not an adversarial proceeding between the spouse and the person to be served, if the spouse requests such service or the spouse is also a party to the action, and if the spouse and person to be served reside together in the same dwelling, regardless of whether such dwelling is located in the county where substituted service is made.

(b) Substituted service may be made on an individual doing business as a sole proprietorship at his or her place of business, during regular business hours, by serving the person in charge of the business at the time of service if two attempts to serve the owner are made at the place of business.

(3)(a) The service of process of witness subpoenas, whether in criminal cases or civil actions, shall be made as provided in subsection (1). However, service of a subpoena on a witness in a civil traffic case, a criminal traffic case, a misdemeanor case, or a second degree or third degree felony may be made by United States mail directed to the witness at the last known address, and the service must be mailed at least 7 days prior to the date of the witness’s required appearance. Failure of a witness to appear in response to a subpoena served by United States mail that is not certified may not be grounds for finding the witness in contempt of court.

(b) A criminal witness subpoena commanding the witness to appear for a court appearance may be posted by a person authorized to serve process at the witness’s residence if three attempts to serve the subpoena, made at different times of the day or night on different dates, have failed. A criminal witness subpoena commanding the witness to appear for a deposition may be posted by a person authorized to serve process at the witness’s residence if one attempt to serve the subpoena has failed. The subpoena must be posted at least 5 days before the date of the witness’s required appearance.

(4)(a) Service of a criminal witness subpoena upon a law enforcement officer or upon any federal, state, or municipal employee called to testify in an official capacity in a criminal case may be made as provided in subsection (1) or by delivery to a designated supervisory or administrative employee at the witness’s place of employment if the agency head or highest ranking official at the witness’s place of employment has designated such employee to accept such service. However, no such designated employee is required to accept service:

1. For a witness who is no longer employed by the agency at that place of employment;

2. If the witness is not scheduled to work prior to the date the witness is required to appear; or

3. If the appearance date is less than 5 days from the date of service.

The agency head or highest ranking official at the witness’s place of employment may determine the days of the week and the hours that service may be made at the witness’s place of employment.

(b) Service may also be made in accordance with subsection (3) provided that the person who requests the issuance of the criminal witness subpoena shall be responsible for mailing the subpoena in accordance with that subsection and for making the proper return of service to the court.

(5) A person serving process shall place, on the first page only of at least one of the processes served, the date and time of service, his or her initials or signature, and, if applicable, his or her identification number. The person requesting service or the person authorized to serve the process shall file the return-of-service form with the court.

(6)(a) If the only address for a person to be served which is discoverable through public records is a private mailbox, a virtual office, or an executive office or mini suite, substituted service may be made by leaving a copy of the process with the person in charge of the private mailbox, virtual office, or executive office or mini suite, but only if the process server determines that the person to be served maintains a mailbox, a virtual office, or an executive office or mini suite at that location.

(b) For purposes of this subsection, the term “virtual office” means an office that provides communications services, such as telephone or facsimile services, and address services without providing dedicated office space, and where all communications are routed through a common receptionist. The term “executive office or mini suite” means an office that provides communications services, such as telephone and facsimile services, a dedicated office space, and other supportive services, and where all communications are routed through a common receptionist.

(7) A gated residential community, including a condominium association or a cooperative, shall grant unannounced entry into the community, including its common areas and common elements, to a person who is attempting to serve process on a defendant or witness who resides within or is known to be within the community.

History.—s. 5, Nov. 23, 1828; RS 1015; GS 1402; RGS 2599; CGL 4246; s. 6, ch. 29737, 1955; s. 4, ch. 67-254; s. 1, ch. 75-34; s. 3, ch. 79-396; s. 3, ch. 82-118; s. 1, ch. 84-339; s. 7, ch. 85-80; s. 2, ch. 87-405; s. 6, ch. 93-208; s. 269, ch. 95-147; s. 1, ch. 95-172; s. 1, ch. 98-410; s. 1, ch. 2004-273; s. 2, ch. 2011-159; s. 2, ch. 2014-207; s. 1, ch. 2015-51; s. 1, ch. 2015-59; s. 1, ch. 2016-207; s. 4, ch. 2019-67.

Note.—Former s. 47.13.

F.S. 48.031 on Google Scholar

F.S. 48.031 on Casetext

Amendments to 48.031

Arrestable Offenses / Crimes under Fla. Stat. 48.031

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.031.

Annotations, Discussions, Cases:

Cases Citing Statute 48.031

Total Results: 20

Celebrity Actor's Camp, Inc., Winebarger v. McLaughlin, Bredbrenner

Court: District Court of Appeal of Florida | Date Filed: 2024-09-18

Snippet: default."). As provided for in section 48.031(6)(a), Florida Statutes (2022): If the only

In Re: Amendments to Florida Rules of Criminal Procedure - 2024 Legislation

Court: Supreme Court of Florida | Date Filed: 2024-08-29

Snippet: the Florida Rules of Civil Procedure and section 48.031, Florida Statutes. To protect deponents and the

Cash Wallace Pawley, Sr. v. First National Bank of South Miami, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2024-08-28

Snippet: record, we affirm the order in all respects. § 48.031, Fla. Stat. (2019); see also Fla. Dep't of

Meredyth Capasso v. Mary Jo Buchanan and Herbert Bookstein

Court: District Court of Appeal of Florida | Date Filed: 2024-01-17

Snippet: server’s identification number as required by section 48.031(5), Florida Statutes (2023), and Florida Rule of

SPENCER C. BLANTON v. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-09-06

Snippet: GORDO, JJ. PER CURIAM. Affirmed. See § 48.031, Fla. Stat. (2019); Robles-Martinez v. Diaz, Reus

HENCILE DORSEY v. KIMBERLEE JO PERRETTA, etc.

Court: District Court of Appeal of Florida | Date Filed: 2023-03-22

Snippet: for purposes of substitute service under section 48.031, Florida Statutes). The propriety of service has

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

Court: District Court of Appeal of Florida | Date Filed: 2022-11-23

Snippet: sections of chapter 48, Florida Statutes. Section 48.031(1)(a) directs: Service of original process

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

Court: District Court of Appeal of Florida | Date Filed: 2022-10-06

Snippet: notes contain no evidence of compliance with [§ 48.031(1)(a), Fla. Stat. (2009)].”).

In Re: Amendments to Florida Rule of Criminal Procedure 3.220, Florida Rule of Civil Procedure for Involuntary Commitment of Sexually Violent Predators 4.310, and Florida Rule of Juvenile Procedure 8.060

Court: Supreme Court of Florida | Date Filed: 2022-08-25

Snippet: the Florida Rules of Civil Procedure and section 48.031, Florida Statutes. To protect deponents and the

OTTAWA PROERTIES 1 LLC v. US BANK, NA, etc.

Court: District Court of Appeal of Florida | Date Filed: 2022-08-24

Snippet: initial or sign the summons, as required by section 48.031(5), Florida Statutes. Based upon U.S. Bank’s commendable

DANIELLA BECKER v. TIMOTHY BECKER

Court: District Court of Appeal of Florida | Date Filed: 2022-07-20

Snippet: server complied with the service statute. See § 48.031, Fla. Stat. Competent, substantial evidence

BRIAN SYMONETTE v. OLGA D. LOZANO

Court: District Court of Appeal of Florida | Date Filed: 2021-10-20

Snippet: service was not his “usual place of abode.” See § 48.031, Fla. Stat. (2020). Thus, service was not perfected

In Re: Amendments to the Florida Rules of Civil Procedure - 2019 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2020-04-16

Snippet: persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service

Epstein v. Brunel

Court: District Court of Appeal of Florida | Date Filed: 2019-04-24

Citation: 271 So. 3d 1173

Snippet: Ordinarily, service of process is governed by section 48.031(1)(a), Florida Statutes (2018), which provides

ROY L. LILLY v. BANK OF AMERICA, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2019-04-10

Citation: 267 So. 3d 452

Snippet: process server’s failure to comply with section 48.031, Florida Statutes (2015). See Nirk v. Bank of Am

Sadlak v. Nationstar Mortgage

Court: District Court of Appeal of Florida | Date Filed: 2018-07-18

Citation: 252 So. 3d 302

Snippet: method-of-service statute – in this case, section 48.031 – and the “Return of execution of process” statute

Williams v. Nuno

Court: District Court of Appeal of Florida | Date Filed: 2018-02-07

Citation: 239 So. 3d 153

Snippet: usual place of abode as required under section 48.031(1)(a), Florida Statutes (2016).1 For the reasons

Pace v. Bank of New York Mellon Trust Co.

Court: District Court of Appeal of Florida | Date Filed: 2017-08-11

Citation: 224 So. 3d 342, 2017 WL 3443075, 2017 Fla. App. LEXIS 11541

Snippet: unnecessary to effectuate service of process. See § 48.031(l)(a), Fla. Stat. (2008); Matthews v. U.S. Bank

Ingenieria Y Exportacion De Tecnologia S.L. v. Freytech, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-12-28

Citation: 210 So. 3d 211, 2016 Fla. App. LEXIS 19257

Snippet: comply with Florida’s service requirements. See § 48.031(l)(a), Fla. Stat. (2016) (providing that “[sjerviee

Coutts v. Sabadell United Bank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2016-09-07

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

Snippet: under the substitute service provisions of section 48.031(6)(a) FÍóridá Statutes (2015), which provides: