Florida Statute 48.194 | 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. 48.194

48.194 Personal service in another state, territory, or commonwealth of the United States.—

(1) Except as otherwise provided herein, service of process on a party in another state, territory, or commonwealth of the United States must be made in the same manner as service within this state by any person authorized to serve process in the state where service shall be made. No order of court is required. A return-of-service form described in s. 48.21, or any other competent evidence, must be filed with the court stating the time, manner, and place of service. The court may consider such evidence in determining whether service has been properly made.

(2) When in rem or quasi in rem relief is sought in a foreclosure proceeding as defined by s. 702.09, and the address of the person to be served is known, service of process on a person in another state, territory, or commonwealth of the United States may be made by registered mail as follows:

(a) The party’s attorney or the party, if the party is not represented by an attorney, shall place a copy of the original process and the complaint, petition, or other initial pleading or paper and, if applicable, the order to show cause issued pursuant to s. 702.10 in a sealed envelope with adequate postage addressed to the person to be served.

(b) The envelope must be placed in the mail as registered mail.

(c) Service under this subsection is deemed obtained upon the signing of the return receipt by the person allowed to be served by law.

(3) If the registered mail which is sent as provided for in subsection (2) is returned with an endorsement or stamp showing “refused,” the party’s attorney or the party, if the party is not represented by an attorney, may serve original process by first-class mail. The failure to claim registered mail is not refusal of service within the meaning of this subsection. Service of process pursuant to this subsection shall be perfected as follows:

(b) The envelope shall be mailed by first-class mail with the return address of the party’s attorney or the party, if the party is not represented by an attorney, on the envelope.

(4) If service of process is obtained under subsection (2), the party’s attorney or the party, if the party is not represented by an attorney, shall file an affidavit setting forth the return of service. The affidavit shall state the nature of the process; the date on which the process was mailed by registered mail; the name and address on the envelope containing the process; the fact that the process was mailed registered mail return receipt requested; who signed the return receipt, if known, and the basis for that knowledge; and the relationship between the person who signed the receipt and the person to be served, if known, and the basis for that knowledge. The return receipt from the registered mail shall be attached to the affidavit. If service of process is perfected under subsection (3), the party’s attorney or the party, if the party is not represented by an attorney, shall file an affidavit setting forth the return of service. The affidavit shall state the nature of the process; the date on which the process was mailed by registered mail; the name and address on the envelope containing the process that was mailed by registered mail; the fact that the process was mailed registered mail and was returned with the endorsement or stamp “refused”; the date, if known, the process was “refused”; the date on which the process was mailed by first-class mail; the name and address on the envelope containing the process that was mailed by first-class mail; and the fact that the process was mailed by first-class mail with a return address of the party or the party’s attorney on the envelope. The return envelope from the attempt to mail process by registered mail and the return envelope, if any, from the attempt to mail the envelope by first-class mail shall be attached to the affidavit.

History.—s. 1, ch. 73-179; s. 4, ch. 93-250; s. 7, ch. 97-278; s. 6, ch. 2019-67; s. 14, ch. 2022-190.

F.S. 48.194 on Google Scholar

F.S. 48.194 on Casetext

Amendments to 48.194

Arrestable Offenses / Crimes under Fla. Stat. 48.194

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.194.

Annotations, Discussions, Cases:

Cases Citing Statute 48.194

Total Results: 20

LOUMPOS v. RAYMOND JAMES & ASSOCIATES, INC., BANK ONE

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-02T00:00:00-07:00

Snippet: replaced former section 658.56. See ch. 92–303, §§ 48, 194, Laws of Fla.; Karr v. Vitry, 135 So. 3d 372, 372

CRAIG A. MARLOWE vs CITY OF ST. AUGUSTINE, KEVIN VAN DYKE, MARCY A. VAN DYKE, PAUL A. LEONARD AND SUSAN J. LEONARD, TRUSTEES OF THE LEONARD FAMILY REVOCABLE LIVING TRUST DATED 23RD JANUARY, 2007, ET AL

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-08T00:00:00-07:00

Snippet: process under [section] 48.194[5] cannot be had, service of process 5 Section 48.194, Florida Statutes

CRAIG A. MARLOWE vs CITY OF ST. AUGUSTINE, KEVIN VAN DYKE, MARCY A. VAN DYKE, PAUL A. LEONARD AND SUSAN J. LEONARD, TRUSTEES OF THE LEONARD FAMILY REVOCABLE LIVING TRUST DATED 23RD JANUARY, 2007, ET AL

Court: Fla. Dist. Ct. App. | Date Filed: 2023-07-14T00:00:00-07:00

Snippet: under [section] 48.194[5] cannot be had, service of process by Section 48.194, Florida Statutes

HELGA ZIELCKE v. ILVA RUBIO

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-29T00:53:00-07:00

Snippet: legally cognizable exception to such compliance. § 48.194(1), Fla. Stat. (2020) (“Service of process on persons

KEVIN CHRISTOPHER CORRIDON v. GRACE-ELIZABETH CAROLYN CORRIDON

Court: Fla. Dist. Ct. App. | Date Filed: 2021-02-16T23:53:00-08:00

Snippet: effected. We note the recent change to section 48.194, Florida Statutes, which was in effect before …determining whether service has been properly made.” § 48.194(1), Fla. Stat. (2020). The plain meaning of the

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

Court: Fla. | Date Filed: 2020-04-16T00:53:00-07:00

Snippet: action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes

Volkswagen Aktiengesellschaft v. Jones

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-17T00:00:00-07:00

Citation: 227 So. 3d 150, 2017 WL 2180984, 2017 Fla. App. LEXIS 6958

Snippet: 361 (hereinafter Hague Convention). See also § 48.194(1), Fla. Stat. (2011) (providing that service of

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-28T00:00:00-08:00

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

Snippet: 694 So.2d 805, 812 (Fla. 4th DCA 1997)); see § 48.194(1), Fla. Stat. (2016). Here, the trial found that

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-29T00:00:00-07:00

Citation: 197 So. 3d 1140, 2016 Fla. App. LEXIS 10027

Snippet: with section 48.194, Florida Statutes, for out-of-state service. ■ Section 48.194, Florida Statutes

Bevilacqua v. U.S. Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-25T00:00:00-07:00

Citation: 194 So. 3d 461, 2016 Fla. App. LEXIS 7916, 2016 WL 3001138

Snippet: Extrajudicial Documents in Civil or Commercial Matters.” § 48.194(1), Fla. , Stat. (2015): The Hague Convention,

Portalp International SAS v. Zuloaga

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-18T00:00:00-08:00

Citation: 198 So. 3d 669, 2015 Fla. App. LEXIS 18936, 2015 WL 9258496

Snippet: Cir.2006)). . III. Discussion Section 48.194(1), Florida Statutes (2014), provides, in part,

SDS-IC v. Florida Concentrates International, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-30T00:00:00-08:00

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

Snippet: country.”). With regard to Florida law, section 48.194(1), Florida Statutes (2012), provides that “service

Paola A. Alvardo-Fernandez v. Matthew Mazoff

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-08T00:00:00-07:00

Citation: 151 So. 3d 8, 2014 Fla. App. LEXIS 15631, 2014 WL 4988409

Snippet: served “as provided in s. 48.194.” The relevant provision of section 48.194, Florida Statutes (2013), …Convention were not a self-executing treaty, section 48.194(1) serves as the *16 legislative pronouncement

Puigbo v. Medex Trading, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-01T00:00:00-07:00

Citation: 209 So. 3d 598, 2014 Fla. App. LEXIS 15279

Snippet: served “as provided in s. 48.194.” The relevant provision of section 48.194, Florida Statutes (2013), … the relevant provisions of sections 48.193(3), 48.194(1), and the Hague Service Convention, and discounts

Puigbo v. Medex Trading, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-30T00:53:00-07:00

Snippet: served “as provided in s. 48.194.” The relevant provision of section 48.194, Florida Statutes (2013), …the relevant provisions of sections 48.193(3), 48.194(1), and the Hague Service

Karr v. Vitry

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-24T00:00:00-08:00

Citation: 135 So. 3d 372, 2014 WL 258753, 2014 Fla. App. LEXIS 742

Snippet: Florida Statutes, in 1992. See Ch. 92-303, §§ 48, 194, Laws of Fla. The former statutes contained similar

Chigurupati v. Progressive American Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-11T00:00:00-08:00

Citation: 132 So. 3d 263, 2013 WL 6478818, 2013 Fla. App. LEXIS 19642

Snippet: 31 So.3d 304, 306 (Fla. 4th DCA 2010). Section 48.194 governs personal service outside the State of Florida…Extrajudicial Documents in Civil or Commercial Matters. § 48.194(1), Fla. Stat. (2012) (emphasis added). The term…interpreted the word “affidavit” as used in section 48.194 as requiring a verification of service of process…-of-state resident was sufficient under section 48.194 when the process server signed an acknowledgment…[I]n an affidavit, which is required by section 48.194, the person swearing before the notary must under

Estela v. Cavalcanti

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-21T00:00:00-08:00

Citation: 76 So. 3d 1054, 2011 Fla. App. LEXIS 20460, 2011 WL 6372943

Snippet: or, if appropriate, service of process under s. 48.194 cannot be had, service of process by publication

Lewis v. Fifth Third Mortgage Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-10T00:00:00-08:00

Citation: 38 So. 3d 157, 2010 Fla. App. LEXIS 1362

Snippet: service of process or ... service of process under s. 48.194 cannot be had.” § 49.021, Fla. Stat. (2007) (emphasis…registered mail, in strict compliance with section 48.194, Florida Statutes (2007). If upon inquiry, Ms.

In Re Amendments to Rules of Civ. Procedure

Court: Fla. | Date Filed: 2007-09-27T00:53:00-07:00

Citation: 966 So. 2d 943

Snippet: action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes