The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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That Losken's purported address is an out-of-state address makes no difference because "service of process on persons outside of this state shall be made in the same manner as service within the state." § 48.194(1), Fla. Stat.
We affirm the trial court's determination that it has personal jurisdiction over Zielcke. Appellees’ second amended complaint contains adequate allegations subjecting Zielcke to the specific jurisdiction of the circuit court. See § 48.193(1)(a)2., Fla. Stat. (2020). With regard to that portion of the challenged order denying Zielcke's motion to quash service of process, however, we are compelled to remand for further proceedings. Specifically, the challenged order does not address, much less adjudicate, Zielcke's argument (made both below and on appeal) that Appellees’ purported service of process on Zielcke (via the Florida Secretary of State) failed to comply with the relevant provisions of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents on Civil or Commercial Matters ("Hague Convention"). As it is undisputed that Zielcke is a resident of Colombia and that Colombia is a signatory to the Hague Convention, Appellees’ compliance with the relevant provisions of the Hague Convention plainly is required to effectuate service on Zielcke, absent an explicit finding of a legally cognizable exception to such compliance. § 48.194( 1), Fla. Stat…
A non-resident defendant can be subject to personal jurisdiction under Florida's long-arm statute in two ways. "First, the Court can exercise general personal jurisdiction—that is, jurisdiction over any claims against a defendant, whether they involve the defendant's activities in Florida—if the defendant engages in ‘substantial and not isolated activity’ in Florida." Carmouche v. Tamborlee Mgmt., Inc. , 789 F.3d 1201, 1204 (11th Cir. 2015) (quoting Fla. Stat. § 48.193(2) ). Second, the Court can exercise specific personal jurisdiction—that is, jurisdiction over suits that arise out of or relate to a defendant's contacts with Florida—if the claim asserted against the defendant arises from the defendant's contacts with Florida, and those contacts fall within one of the enumerated categories set forth in Section 48.194(1)(a) of the Florida Statutes. Schulman v. Inst. for Shipboard Educ. , 624 Fed. App'x 1002, 1004–05 (11th Cir. 2015).
Chapter 49 of the Florida Statutes sets forth the requirements for service of process by publication under Florida law. Section 49.011 enumerates fifteen types of cases in which service by publication is permitted. See Fla. Stat. § 49.011. Moreover, § 49.021 states that, “[w]here personal service of process or, if appropriate, service of process under s. 48.194 cannot be had, service of process by publication may be had upon any party, natural or corporate, known or unknown, including ....[a]ny known or unknown natural person[.]” Fla. Stat. § 49.021(1).
A Notice to Appear must be served pursuant to the provisions of Chapter 48 of Florida Statutes. See Fla. Stat. § 56.29(2). Specifically, Section 48.194, Florida Statutes, provides the criteria for a personal service outside state and states “[a] court may consider the return-of-service form described in s. 48.21, or any other competent evidence, in determining whether service has been properly made.” Fla. Stat. § 48.194(1) (emphasis added).
The former husband challenges the trial court's exercise of personal jurisdiction by asserting that the return of service form was defective for failing to list the time of day that service was effected. We note the recent change to section 48.194, Florida Statutes, which was in effect before service on the former husband occurred. The amended statute removes the requirement that out of state return of service forms include the "time, manner, and place of service" and allows a trial court to "consider the return-of-service form described in [section] 48.21, or any other competent evidence in determining whether service has been properly made." § 48.194(1), Fla. Stat. (2020). The plain meaning of the amended statute removes the time of day requirement for out of state return of service forms and allows the trial court to consider any competent evidence to prove service was proper.
shall serve the Defendant pursuant to Florida Statutes Section 48.194 ... at the Defendant, CAROLINA KATZ-LUONGO'S, place of abode and/or residence pursuant to Florida Statutes Sections 48.031(1)(a) and 48.194. [ ]
Plaintiff attempted to serve process prior to the case being removed to federal court, thus Florida law applies. "If the process server's return of service is regular on its face, then Florida law presumes it is valid in the absence of clear and convincing contradictory evidence." Rodger v. Quicken Loans Inc., No. 6:13-CV-1195-ORL-18TBS, 2013 WL 12388554, at *3 (M.D. Fla. Sept. 19, 2013), report and recommendation adopted, No. 6:13-CV-1195-ORL-37, 2013 WL 6511725 (M.D. Fla. Dec. 12, 2013). "Conversely, if the return of service is not regular on its face, then 'it cannot be relied upon as evidence that the service of process was valid.'" Id. (quoting Bank of Am. v. Bornstein, 39 So. 3d 500, 503 (Fla. 4th DCA 2010)). The Florida statute further acknowledges the need to comply with the Hague Convention when serving a party outside of the United States. Fla. Stat. § 48.194(1).
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.
Cioffi also moves to quash service of process, on grounds that Plaintiffs' proof of service affidavit is "neither notarized nor verified" as mandated by section 48.194 of the Florida Statutes. (Doc. 13 at 6; Doc. 1-1 at 57). However, Plaintiffs have since filed an "Out of State Proof of Service" showing that Plaintiff was properly served on April 26, 2017. (See Doc. 18). The affidavit of the serving officer is notarized and states the time, date, manner, and place of service. Accordingly, Cioffi's motion to quash will be denied.
. . . See also § 48.194(1), Fla. . . .
. . . Bacquie, 694 So.2d 805, 812 (Fla. 4th DCA 1997)); see § 48.194(1), Fla. Stat. (2016). . . .
. . . . § 48.194(1), which provides, in part, that “[s]ervice of process on persons outside the United States . . .
. . . . ■ Appellee’s sworn affidavit of service complied, with section 48.194, Florida Statutes, for out-of-state . . . service. ■ Section 48.194, Florida Statutes (2014), provides: Personal service outside state.— (1) Except . . .
. . . .” § 48.194(1), Fla. , Stat. (2015): The Hague Convention, a treaty to which the United States and several . . .
. . . Discussion Section 48.194(1), Florida Statutes (2014), provides, in part, that “[service of process on . . .
. . . With regard to Florida law, section 48.194(1), Florida Statutes (2012), provides that “service of process . . .
. . . of Florida who are subject to the jurisdiction of Florida’s courts may be served “as provided in s. 48.194 . . . The relevant provision of section 48.194, Florida Statutes (2013), is subsection (1), which reads, in . . . Convention .... ” Therefore, even if the Hague Convention were not a self-executing treaty, section 48.194 . . .
. . . of Florida who are subject to the jurisdiction of Florida’s courts may be served “as provided in s. 48.194 . . . The relevant provision of section 48.194, Florida Statutes (2013), is subsection (1), which reads, in . . . contention, however, misapprehends the interplay between the relevant provisions of sections 48.193(3), 48.194 . . .
. . . Section 48.194 governs personal service outside the State of Florida and provides, in pertinent part: . . . however, at least two of our sister courts have interpreted the word “affidavit” as used in section 48.194 . . . It held that it was not, reasoning that: “[I]n an affidavit, which is required by section 48.194, the . . . held that an “affidavit” accompanying a return of service did not meet the requirements of section 48.194 . . . Bornstein, 39 So.3d 500, 502 (Fla. 4th DCA 2010), section 48.194 requires that the service of process . . .
. . . . §§ 48.031, 48.161, 48.193(3), 48.194(1); Reef Clematis LLC v. . . .
. . . pertinent part: “Where personal service of process or, if appropriate, service of process under s. 48.194 . . .
. . . service of process by publication “[w]here personal service of process or ... service of process under s. 48.194 . . . process or by substitute service of process through registered mail, in strict compliance with section 48.194 . . .
. . . state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 . . .
. . . Section 48.194, Florida Statutes, which is entitled “Personal service outside state,” provides: (1) Except . . . Godsell argues that service under section 48.194(2) could have been had, so that constructive service . . .
. . . Deutsche Bank did not attempt service through registered mail as authorized by section 48.194, Florida . . . However, it may do so only “[w]here personal service of process or ... service of process under § 48.194 . . . substitute service of process through registered mail, in strict compliance with the provision of section 48.194 . . .
. . . the trial court must quash service of process because the service was not consistent with sections 48.194 . . . The Florida statutes applicable for service of process on a non-resident are sections 48.194 and 48.031 . . . Section 48.194(1) provides that “service of process on persons outside this state shall be made in the . . .
. . . may be made by personally serving the process upon the defendant outside this state, as provided in § 48.194 . . . However, pursuant to § 48.194, "[s]ervice of process on persons outside the United States may be required . . .
. . . Section 48.194(1), Florida Statutes (2002), authorizes that service of process on persons outside the . . .
. . . state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 . . .
. . . of process outside of Florida shall be made in the same manner as service within this state, section 48.194 . . .
. . . See § 48.194(1), Fla. Stat. (2000). . . . The plaintiffs in this case were proceeding under subsection 48.194(1), Florida Statutes, which provides . . .
. . . long-arm jurisdiction over the nonresident parent are shown to exist, service obtained pursuant to section 48.194 . . . basis for long arm jurisdiction under 48.193 voids any service of process made pursuant to section 48.194 . . .
. . . Section 48.194(2)(a) requires, among other things, that the plaintiff serve the defendant, via registered . . .
. . . service had not been accomplished on a person authorized to receive it under subsections 48.081(1) and 48.194 . . .
. . . state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 . . .
. . . The appellant appeals a non-final order quashing service of process made pursuant to section 48.194, . . . the appellant served the appellees via substituted service of process in Columbia pursuant to section 48.194 . . . Also, if service of process is made pursuant to section 48.194(2)(a), section 48.194(4) requires an affidavit . . . The return receipt from the registered mail shall be attached to the affidavit. § 48.194(4), Fla. . . . Accordingly, since the appellant did not strictly comply with section 48.194, we cannot conclude that . . .
. . . The appropriate method for such service in this case is that set out in section 48.194, Florida Statutes . . .
. . . Service of process was not made in strict compliance with sections 48.194 and 48.031(1)(a), Florida Statutes . . .
. . . After the appellees were personally served in Hong Kong pursuant to section 48.194(1), Florida Statutes . . . Reversed. . 48.194 Personal service outside state.— (1) Except as otherwise provided herein, service . . .
. . . 48.181 which provides for service on a nonresident engaging in business in this state, and to section 48.194 . . . Section 49.021 states: “Where personal service of process or, if appropriate, service of process under s. 48.194 . . . faded to .allege that he attempted but failed to effect service under section 48.181, or under section 48.194 . . .
. . . Pursuant to section 48.194, Florida Statutes (1995), service on a nonresident “shall be made in the same . . .
. . . state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 . . .
. . . They served Bianca Villareal, an employee of Taito America, in Illinois, pursuant to Section 48.194. . . .
. . . (DCF) was so lacking in compliance with the requirements of sections 48.101 and 48.194, Florida Statutes . . . irregularity in the return of service in that the affidavit failed to indicate the manner of service, see § 48.194 . . . (DCF), was so lacking in compliance with the requirements of sections 48.101 and 48.194 as to render . . .
. . . statute, as well as quash service of process for failure to comply with the process provisions of section 48.194 . . .
. . . invoking long-arm jurisdiction under F.S. 48.193 voids any service of process made pursuant to F.S. 48.194 . . . Courts through the State under F.S. 48.193, is not a sufficient basis to effectuate service under F.S. 48.194 . . .
. . . be made by personally serving the process upon the defendant outside this state, as provided in s. 48.194 . . .
. . . state prisoners), §-48.183 (service of process in action for possession of residential premises), and §-48.194 . . .
. . . jurisdictional requirements of section 48.193(l)(e) and the wife must be properly served pursuant to section 48.194 . . .
. . . . § 48.194, Fla.Stat. (1991). . . .
. . . . §§ 48.081(3), 48.091, 48.194, Fla. Stat. (1987). However, in the case at bar, Bern J. . . .
. . . that if the out-of-state residence is known, the mortgagee must use personal service under section 48.194 . . . Confronting the then recently-adopted long arm statute, section 48.194, making personal service newly . . . .] meant that plaintiff had the option of using personal service in the foreign state under section 48.194 . . .
. . . amended complaint as the original pleading and effect service of process in accordance with section 48.194 . . . Section 48.194 provides in part that: 48.194 Personal service outside state Service of process on persons . . .
. . . 1)(g), Florida Statutes (1987), if service of process is thereafter properly obtained under Section 48.194 . . .
. . . in Florida on a non-resident boat owner defendant, i.e. personal service on the non-resident under § 48.194 . . . However, personal service on the non-resident under § 48.194 does not appear in the court file. . . .
. . . be effective under Section 48.193, the defendant must be personally served out-of-state pursuant to 48.194 . . .
. . . be made by personally serving the process upon the defendant outside this state, as provided in s. 48.194 . . .
. . . The affidavit filed pursuant to section 48.194 fails to state the time of service, and the jurat executed . . . Antonio in Curacao by a process server for courts in the Netherlands, Antilles, pursuant to section 48.194 . . . But, in an affidavit, which is required by section 48.194, the person swearing before the notary must . . . Section 48.194 clearly requires that the process server’s affidavit — not merely an acknowledgment — . . .
. . . . §§ 48.193, 48.194, Fla.Stat. (1987). . Mouzon v. Mouzon, 458 So.2d 381 (Fla. 5th DCA 1984). . . . .
. . . Leicester, England, the location of its home office, pursuant to the Florida Long Arm Statute, section 48.194 . . . Section 48.194 provides that service of process outside the State of Florida shall be made in the same . . . The process was served in England, pursuant to the long arm statute, section 48.194, Florida Statutes . . .
. . . Northwest did not perfect service of process pursuant to section 48.194, Florida Statutes, as is contemplated . . .
. . . allege a basis for long arm jurisdiction under Ch. 48.193 voids any service of process pursuant to Ch. 48.194 . . .
. . . The appropriate statute governing service of process in this cause is Section 48.194, Fla.Stat., which . . . Plaintiff having now complied with Section 48.194, Fla.Stat., the Court denies the motion to dismiss . . .
. . . Finally appellants argue that while they are residents of New York and were served there, section 48.194 . . .
. . . state prisoners), § 48.183 (service of process in action for possession of residential premises), and § 48.194 . . .
. . . be made by personally serving the process upon the defendant outside this state, as provided in s. 48.194 . . .
. . . Clearly, if the legislature had intended to address this issue, it would have done so in section 48.194 . . .
. . . for invoking long arm jurisdiction under 48.193 voids any service of process made pursuant to section 48.194 . . .
. . . breach of the contract, and obtained service of process on McRae in Mississippi pursuant to section 48.194 . . .
. . . section 48.193(1) may be made only by personal service on the non-resident defendant pursuant to section 48.194 . . . noting that service deemed proper pursuant to section 48.193(l)(c) was made personally under section 48.194 . . .
. . . . § 48.194 (West 1983). . . .
. . . basis for long arm jurisdiction under 48.193 voids any service of process made pursuant to section 48.194 . . .
. . . Iacono, 367 So.2d 275 (Fla. 3d DCA 1979); §§ 48.081, 48.161, 48.194, Fla.Stat. (1985). . . .
. . . personally served with process at his residence in Indiana by an authorized officer pursuant to section 48.194 . . .
. . . However, section 48.194, Florida Statutes (1983), authorizes only personal service to be made on persons . . . this case why the defendant could not have been personally served in New Hampshire pursuant to section 48.194 . . . section 48.193] may be made by personally serving the process outside this state, as provided in section 48.194 . . .
. . . should have such jurisdiction in the event of a lawsuit, when McRae was served with process pursuant to 48.194 . . .
. . . for invoking long arm jurisdiction under 48.193 voids any service of process made pursuant to section 48.194 . . .
. . . against AMC and Jeep on April 12, 1983, effecting service of process in the manner provided by section 48.194 . . . the motions and, on appeal, this court reversed, holding: Having elected to so proceed [under section 48.194 . . . The plaintiffs served AMC and Jeep pursuant to sections 48.181 and 48.194, Florida Statutes (1983) (as . . . 234 (5th Cir.1971), that section 48.182, Florida Statutes (1970) (predecessor to sections 48.193 and 48.194 . . .
. . . authorized to serve process in the state where the person is served,” failed to comply with Section 48.194 . . .
. . . Service of process on Tennessee Farmers was accomplished under section 48.194, Florida Statutes, through . . . Instead, appellee proceeded to effect service under section 48.194, Florida Statutes, but it is clear . . .
. . . 116 So.2d 767, 769 (Fla.1959)— did not occur until more than twenty days after service, but see sec. 48.194 . . .
. . . dissolution of marriage and had the husband served with process in North Dakota under sections 48.193 and 48.194 . . . basis for long arm jurisdiction under 48.193 voids any service of process made pursuant to section 48.194 . . . Fla.Stat. §§ 48.194 and 48.031 (1981). . . . Fla. 1st DCA 1978) the court noted that prior to the enactment of section 48.-193(l)(e) and (2), and 48.194 . . . be made by personally serving the process upon the defendant outside this state, as provided in s. 48.194 . . .
. . . Whittaker, 326 So.2d 213 (Fla. 4th DCA 1976), indicates that personal service on a nonresident per section 48.194 . . . Secretary of State pursuant to section 48.161 and personal service outside the state pursuant to section 48.194 . . .
. . . jurisdiction over Barrios pursuant to section 48.193(l)(g), Florida Statutes (1983), must satisfy section 48.194 . . . Section 48.194, Florida Statutes (1983), reads as follows: Personal service outside state. — Service . . .
. . . be made by personally serving the process upon the defendant outside this state, as provided in s. 48.194 . . .
. . . Section 48.194, Florida Statutes (1981), provides: 48.194 Personal service outside state. . . .
. . . Motors Corporation and Jeep Corporation, were served with process in the manner provided in Section 48.194 . . . whether the jurisdictional requisites of Section 48.193, necessary predicates to service under Section 48.194 . . .
. . . Sections 48.193(l)(f) and 48.194, Florida Statutes (1981); World-Wide Volkswagen Corporation v. . . .
. . . Under section 48.194, Florida Statutes (1981), personal service of process must be perfected upon nonresidents . . . complaint to any person residing at Nettles’ usual place of abode who was fifteen years of age or older. § 48.194 . . . Section 48.194 requires that the foreign officer serving process on an out-of-state defendant file an . . .
. . . Gutterman, a New Jersey partnership, was served personally in New Jersey pursuant to Section 48.194, . . .
. . . 303 (Fla. 3d DCA 1982), and (b) Firestone was not personally served with process pursuant to section 48.194 . . .
. . . substituted service statutes, it appears that appellant accidentally complied with sections 48.193 and 48.194 . . . Secretary of State, nor why that process could not then be served in a manner satisfactory to section 48.194 . . .
. . . be made by personally serving the process upon the defendant outside this state, as provided in s. 48.194 . . . Section 48.194 provides: Personal service outside state. — Service of process on persons outside of this . . . Appellant was apparently served in accordance with section 48.194. . See Coral Contractors, Inc. v. . . .
. . . Florida Statutes § 48.194 (1979) provides that service on persons outside the state shall be made in . . .
. . . public officer shall keep a record of all process served on him showing the day and hour of service. 48.194 . . . may be made by personally serving the process upon the defendant outside this state, as provided in § 48.194 . . .
. . . Sara validly contends that she was erroneously served in Tennessee pursuant to § 48.194, Fla.Stat. (1979 . . .
. . . the reason for the ruling, based on the fact that defendants were properly served pursuant to section 48.194 . . .
. . . to the plaintiff to attempt, if it chooses, re-service of the defendant under Sections 48.193(l)(g), 48.194 . . .
. . . Pursuant to Section 48.194, Florida Statutes (1979). . . . .
. . . effective under Section 48.193, the defendant must be personally served out-of-state pursuant to Section 48.194 . . .
. . . Section 48.193 requires service by a sheriff in Tucker’s state, pursuant to section 48.194. . . . establish jurisdiction over Tucker, under section 48.193(l)(g) had service been accomplished under section 48.194 . . . the record fails to show that service of process on Tucker was ever accomplished pursuant to section 48.194 . . .
. . . invoking this long-arm statute must effect personal service upon the defendant pursuant to Section 48.194 . . .
. . . She served the husband personally under Florida’s long arm statute, Section 48.194, Florida Statutes . . .
. . . may be made by personally serving the process upon the defendant outside this state, as provided in s.48.194 . . . In turn, Section 48.194 provides: Service of process on persons outside of this state shall be made in . . .
. . . respective motions to quash service of process under Florida’s long-arm statutes, Sections 48.193 and 48.194 . . .
. . . service upon them which was attempted to be made under Florida’s long arm statute, Section 48.193 and 48.194 . . .
. . . Service of process was obtained under the Florida Long Arm Statute, Section 48.194, Florida Statutes . . .
. . . Section 48.194, Florida Statutes (1977), states that “[sjervice of [pjrocess on persons outside of this . . . It will be noted that Section 48.194, Florida Statutes (1977), in speaking of service of process, specifies . . . statute) where the plaintiff failed to personally serve the defendant out of state pursuant to Section 48.194 . . . be performed in this state, the exclusive method of service in such case is provided for in Section 48.194 . . .