48.171
Service on nonresident motor vehicle owners, etc.
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48.171 Service on nonresident motor vehicle owners, etc.—Any nonresident of this state, being the operator or owner of any motor vehicle, who accepts the privilege extended by the laws of this state to nonresident operators and owners, of operating a motor vehicle or of having it operated, or of permitting any motor vehicle owned, or leased, or controlled by him or her to be operated with his or her knowledge, permission, acquiescence, or consent, within the state, or any resident of this state, being the licensed operator or owner of or the lessee, or otherwise entitled to control any motor vehicle under the laws of this state, who becomes a nonresident or conceals his or her whereabouts, by the acceptance or licensure and by the operation of the motor vehicle, either in person, or by or through his or her servants, agents, or employees, or by persons with his or her knowledge, acquiescence, and consent within the state constitutes the Secretary of State his or her agent for the service of process in any civil action begun in the courts of the state against such operator or owner, lessee, or other person entitled to control of the motor vehicle, arising out of or by reason of any accident or collision occurring within the state in which the motor vehicle is involved.
History.—s. 1, ch. 17254, 1935; CGL 1936 Supp. 4274(7); ss. 1, 2, ch. 25003, 1949; s. 4, ch. 67-254; s. 278, ch. 95-147.
Note.—Former s. 47.29.
Notes of Decisions
Cited in 49
cases (2 in the last 5 years), 1968–2024 · leading case: Alvarado v. Cisneros
Alvarado v. Cisneros (2006)
“§ 48.171, Fla. Stat. (2001). [2] According to section 48.”
Monaco v. Nealon (2002)
“Appellee, Florence Nealon, attempted to serve Monaco and Interstate pursuant to section 48.171, Florida Statutes (2000). In a lawsuit arising out of a motor vehicle accident in Florida, section 48.”
Great American Ins. Co. v. Bevis (1995)
“§ 48.171, Fla. Stat. (1987). Florida Rule of Civil Procedure 1.”
Hernandez v. STATE FARM MUT. AUTO. INS. CO. (2010)
“On March 18, 2009, State Farm filed an Affidavit in Support of Service under section 48.171, Florida Statutes, in which the efforts to locate Hernandez were detailed, including a check of his driver's license records.”
Landers v. Milton (1979)
“Landers' residency was material, the court reasoned, since if at the time of the accident he was a nonresident, or if he became a nonresident after the accident or concealed his whereabouts, he would have been amenable to substituted service of process under section 48.171,…”
Drake v. Scharlau (1978)
“Appellees then attempted substituted service of process on Drake by serving the Secretary of State under Section 48.171, Florida Statutes (1975) and on Beacon by serving the Insurance Commissioner under Section 626.”
Paleias v. Wang (1994)
“193 does not require an allegation of nonresidency in the complaint to render personal service valid, where the complaint contains a statement that the automobile accident occurred in Florida.”
Knabb v. Morris (1986)
“Morris then attempted to achieve substitute service of process on Knabb via section 48.171, Florida Statutes (1985). [1] Morris amended her complaint to allege that Knabb was a resident of the State of Florida at the time of the accident, but was either no longer a resident or…”
Moss v. The Estate of Curt Hudson (2018)
“§ 48.171, Fla. Stat. (2015). Moss, by counsel, moved to quash service of process, asserting that Hudson had not strictly complied with the requirements of section 48.”
Jennings v. Montenegro (2001)
“§ 48.171, Fla. Stat. (1999). Plaintiffs who use substituted service but fail to obtain a return receipt, as here, must allege that the defendant is "concealing his whereabouts, or that they had exercised due diligence in attempting to locate him.”
Plummer v. Hoover (1988)
“Plummer contends that the trial court has no jurisdiction based on Kentucky service of process because there is nothing in the complaint that will substantiate out of state service of process under section 48.171, Florida Statutes (1985). That statutory provision permits…”
Chapman v. Sheffield (2000)
“Section 48.171, the applicable statute in this case, designates the Secretary of State as the agent for a nonresident defendant who has caused injury by the ownership or operation of a motor vehicle within the state.”
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