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Florida Statute 48.051 | Lawyer Caselaw & Research
F.S. 48.051 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 48.051

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 48
PROCESS AND SERVICE OF PROCESS
View Entire Chapter
F.S. 48.051
48.051 Service on state prisoners.—Process against a state prisoner shall be served on the prisoner.
History.—s. 30, ch. 3883, 1889; RS 3043; GS 4124; RGS 6243; CGL 8580; s. 1, ch. 21992, 1943; s. 1, ch. 25041, 1949; s. 44, ch. 57-121; s. 4, ch. 67-254; ss. 19, 35, ch. 69-106; s. 13, ch. 71-355.
Note.—Former s. 47.26.

F.S. 48.051 on Google Scholar

F.S. 48.051 on Casetext

Amendments to 48.051


Arrestable Offenses / Crimes under Fla. Stat. 48.051
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.051.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. In re Amendments to Fla. Rules of Civil Procedure-2019 Regular-Cycle Report

    292 So. 3d 660 (Fla. 2019)   Cited 1 times
    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.
    PAGE 675

  2. In re Amendments

    966 So. 2d 943 (Fla. 2007)   Cited 1 times
    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.
    PAGE 955

  3. Amendments to the Florida Rules of Civil Procedure

    858 So. 2d 1013 (Fla. 2003)   Cited 5 times
    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.
    PAGE 1041

  4. Carter v. Lil' Joe Records, Inc.

    829 So. 2d 953 (Fla. Dist. Ct. App. 2002)   Cited 11 times
    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.
    PAGE 955

  5. CARTER v. LIL' JOE RECORDS

    Case No. 4D01-1492 (Fla. Dist. Ct. App. May. 29, 2002)
    "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)).

  6. Shurman v. Atlantic Mortg. Inv. Corp.

    795 So. 2d 952 (Fla. 2001)   Cited 67 times
    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.
    PAGE 957

  7. Shurman v. Atlantic Mortgage & Investment

    740 So. 2d 1221 (Fla. Dist. Ct. App. 1999)   Cited 2 times
    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.
    PAGE 1222

  8. In re Amendments to Florida Rules of Civil Procedure

    682 So. 2d 105 (Fla. 1996)   Cited 35 times

    ... Defendant or Defendant's Representative Committee Notes 1988 Amendment. 48.031 48.041 48.042 48.051 48.183 48.194 48.061 48.071 48.081 48.101 48.111 48.121 48.131 48.141 48.151 1992 Amendment. 1996

  9. Bolender v. Singletary

    16 F.3d 1547 (11th Cir. 1994)   Cited 343 times   4 Legal Analyses
    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. . . .
    PAGE 1571

  10. In re Amendments to the Florida Rules of Civil Procedure

    604 So. 2d 1110 (Fla. 1992)   Cited 23 times

    Committee Notes 1988 Amendment. one 1 one 1 Florida Statutes § sections 48.031 § 48.041 § 48.042 § 48.051 § 48.183 § 48.194Florida Statutes. Florida Statutes § sections 48.061 § 48.071 § 48.081 § 48.101

Cases from cite.case.law:

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 966 So. 2d 943 (Fla. 2007)

. . . 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE TWO YEAR CYCLE, 858 So. 2d 1013 (Fla. 2003)

. . . 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 . . .

CARTER, v. LIL JOE RECORDS, INC., 829 So. 2d 953 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

R. SHURMAN, v. ATLANTIC MORTGAGE INVESTMENT CORPORATION,, 795 So. 2d 952 (Fla. 2001)

. . . 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 . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . 48.081 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 . . .

SHURMAN, v. ATLANTIC MORTGAGE INVESTMENT,, 740 So. 2d 1221 (Fla. Dist. Ct. App. 1999)

. . . . § 48.051, Fla. Stat. See also, Trawick, Florida Practice and Procedure, §§ 8-10. . . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 682 So. 2d 105 (Fla. 1996)

. . . 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 . . .

BOLENDER, a k a v. K. SINGLETARY,, 16 F.3d 1547 (11th Cir. 1994)

. . . 1979), provides that witness subpoenas in criminal cases shall run throughout the state, and section 48.051 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 604 So. 2d 1110 (Fla. 1992)

. . . (service of process generally), §-48.041 (service on minors), §-48.042 (service on incompetents), §-48.051 . . .

In AMENDMENTS TO RULES OF CIVIL PROCEDURE, 536 So. 2d 974 (Fla. 1988)

. . . (service of process generally), § 48.041 (service on minors), § 48.042 (service on incompetents), § 48.051 . . .

BOLENDER, v. STATE, 422 So. 2d 833 (Fla. 1982)

. . . 1979), provides that witness subpoenas in criminal cases shall run throughout the state, and section 48.051 . . .