The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes.
The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes.
The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes.
Section 48.051 does not contemplate a form of substituted service. Furthermore, if there is a proper form of substituted service on a state prisoner, there is no indication that the Wardens Secretary would be a person authorized to accept service of process on behalf of such prisoner. Based upon the plain meaning of section 48.051 and our practice of strictly construing statutes governing service of process, we agree with appellant that service was improper as a matter of law.
"Process against a state prisoner shall be served on the prisoner." § 48.051, Fla. Stat. (2000). Appellant relies upon Shurman v. Atlantic Mortgage Investment, 740 So.2d 1221, 1222 (Fla. 5th DCA 1999), as authority for his argument that an inmate's usual place of abode for purposes of service of process is the home where he resided prior to incarceration. In that case, the fifth district held that "if a person leaves a home for prison, and that home continues to be occupied by other family members, that person does not abandon that home as his usual place of abode." Id. at 1222 (relying on Montes v. Seda, 157 Misc.2d 895, 599 N.Y.S.2d 401 (N.Y.Sup.Ct. 1993)).
I concur in result only in this case. I conclude that this decision should be controlled by the plain meaning of section 48.051, Florida Statutes, which states: "Process against a state prisoner shall be served on the prisoner." I would read this to mean that process should be served on the prisoner at the prison. I do not believe reliance on section 48.031(1)(a), Florida Statutes, is appropriate.
State prisoners are served in the same manner as other natural persons. § 48.051, Fla. Stat. See also, Trawick, Florida Practice and Procedure, §§ 8-10.
Section 914.001, Florida Statutes (1979), provides that witness subpoenas in criminal cases shall run throughout the state, and section 48.051, Florida Statutes (1979), specifically allows for service of process on state prisoners. . . .
. . . 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 . . .
. . . 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 . . .
. . . Section 48.051, Florida Statutes (2000), states that “[process against a state prisoner shall be served . . . section 48.194(1), Florida Statutes (2000), the process server was required to comply with section 48.051 . . . Section 48.051 does not contemplate a form of substituted service. . . . Based upon the plain meaning of section 48.051 and our practice of strictly construing statutes governing . . . concurring)(concluding that the decision should have been controlled by the plain meaning of section 48.051 . . .
. . . I conclude that this decision should be controlled by the plain meaning of section 48.051, Florida Statutes . . . Section 48.051, Florida Statutes (1997), provides that “[pjrocess against a state prisoner shall be served . . .
. . . 48.081 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 . . .
. . . . § 48.051, Fla. Stat. See also, Trawick, Florida Practice and Procedure, §§ 8-10. . . . .
. . . 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 . . .
. . . 1979), provides that witness subpoenas in criminal cases shall run throughout the state, and section 48.051 . . .
. . . (service of process generally), §-48.041 (service on minors), §-48.042 (service on incompetents), §-48.051 . . .
. . . (service of process generally), § 48.041 (service on minors), § 48.042 (service on incompetents), § 48.051 . . .
. . . 1979), provides that witness subpoenas in criminal cases shall run throughout the state, and section 48.051 . . .