Florida Statute 48.21 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

View Entire Chapter

F.S. 48.21

48.21 Return of execution of process.—

(1) Each person who effects service of process shall note on a return-of-service form attached thereto the date and time when it comes to hand, the date and time when it is served, the manner of service, the name of the person on whom it was served, and, if the person is served in a representative capacity, the position occupied by the person. The return-of-service form must list all pleadings and documents served and be signed by the person who effects the service of process. However, a person who is authorized under this chapter to serve process and who effects such service of process may sign the return-of-service form using an electronic signature.

(2) A failure to state the facts or to include the signature required by subsection (1) invalidates the service, but the return is amendable to state the facts or to include the signature at any time on application to the court from which the process issued. On amendment, service is as effective as if the return had originally stated the omitted facts or included the signature. A failure to state all the facts in or to include the signature on the return shall subject the person effecting service to a fine not exceeding $10, in the court’s discretion.

History.—s. 18, Nov. 23, 1828; RS 1026; GS 1414; RGS 2612; CGL 4276; s. 4, ch. 67-254; s. 4, ch. 94-170; s. 1356, ch. 95-147; s. 3, ch. 2004-273; s. 5, ch. 2011-159; s. 7, ch. 2019-67.

Note.—Former s. 47.47.

F.S. 48.21 on Google Scholar

F.S. 48.21 on Casetext

Amendments to 48.21

Arrestable Offenses / Crimes under Fla. Stat. 48.21

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.21.

Annotations, Discussions, Cases:

Cases Citing Statute 48.21

Total Results: 20

KMG PROPERTIES, LLC v. OWL CONSTRUCTION, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-04-24

Snippet: 160 So. 3d 385, 388 (Fla. 2015). Section 48.21(1) defines valid return of service:

TIMOTHY GIBSON v. STAR COLLISION AND TOWING, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-03-15

Snippet: statutory factors contained in section 48.21." Id. Section 48.21(1), Florida Statutes (2021), provides

Timothy Wu v. Matias Alem

Court: District Court of Appeal of Florida | Date Filed: 2024-02-21

Snippet: are facially regular and compliant with section 48.21, Florida Statutes. Alem failed to respond, and the

DENSYL ALEXIS DIAZ RODRIGUEZ v. HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE ETC.

Court: District Court of Appeal of Florida | Date Filed: 2022-11-23

Snippet: So. 3d 9, 15–16 (Fla. 3d DCA 2012). Section 48.21, Florida Statutes (2018), states that service is

TAMARA CARUS v. COVE AT ISLES AT BAYSHORE HOMEOWNERS ASSOCIATION, INC.

Court: District Court of Appeal of Florida | Date Filed: 2022-11-23

Snippet: informing the person of their contents. Section 48.21, Florida Statutes, in turn, governs return of execution

JONATHAN MICHAEL SCHULER v. SANDY T. FOX, P.A.

Court: District Court of Appeal of Florida | Date Filed: 2022-10-06

Snippet: includes the statutory factors contained in section 48.21, Florida Statutes: The party who

KEVIN CHRISTOPHER CORRIDON v. GRACE-ELIZABETH CAROLYN CORRIDON

Court: District Court of Appeal of Florida | Date Filed: 2021-02-17

Snippet: return- of-service form described in [section] 48.21, or any other competent evidence in determining

Sadlak v. Nationstar Mortgage

Court: District Court of Appeal of Florida | Date Filed: 2018-07-18

Citation: 252 So. 3d 302

Snippet: “Return of execution of process” statute (section 48.21). See Vives v. Wells Fargo Bank, N.A., 128 So.

Murphy v. Cach, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-11-09

Citation: 230 So. 3d 599

Snippet: substitute service did not strictly comply with section 48.21, Florida Statutes (2015), as it does .not provide

Coutts v. Sabadell United Bank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2016-09-07

Citation: 199 So. 3d 1099, 2016 Fla. App. LEXIS 13419, 2016 WL 4645513

Snippet: return of service of process provision (section 48.21(1), Florida Statutes (2015)) 2 , clearly

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

Court: District Court of Appeal of Florida | Date Filed: 2016-06-29

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

Snippet: 136 S.Ct. 164, 193 L.Ed.2d 45 (2015). Section 48.21, Florida Statutes (2014), identifies “four facts

Janet Mauro and Dennis Quinn v. Wells Fargo Bank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2015-12-02

Citation: 180 So. 3d 1083, 2015 Fla. App. LEXIS 18015

Snippet: *1085 all the information which section 48.21(1), Florida Statutes (2012), requires: Each

David Davidian and Irma Davidian v. JP Morgan Chase Bank, National Association

Court: District Court of Appeal of Florida | Date Filed: 2015-10-07

Citation: 178 So. 3d 45, 2015 Fla. App. LEXIS 14930

Snippet: that the returns .of service complied with section 48.21(1), Florida Statutes (2015), which provides:

Lance Koster v. Carol Sullivan

Court: Supreme Court of Florida | Date Filed: 2015-02-05

Citation: 160 So. 3d 385, 40 Fla. L. Weekly Supp. 63, 2015 Fla. LEXIS 203

Snippet: NOT INCLUDED IN THE FACIAL LANGUAGE OF SECTION 48.21 DEFINING INVALID SERVICE? Id. at 886-87

SDS-IC v. Florida Concentrates International, LLC

Court: District Court of Appeal of Florida | Date Filed: 2015-01-30

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

Snippet: Documents in Civil or Commercial Matters.” Section 48.21(1) provides that the required return-of-service

Frank Romeo and Connie Yang v. US Bank National Association

Court: District Court of Appeal of Florida | Date Filed: 2014-07-30

Citation: 144 So. 3d 585, 2014 WL 3729907, 2014 Fla. App. LEXIS 11608

Snippet: Section 48.21, Florida Statutes (2013), governs returns of executions of process. Section 48.21(1) provides

Koster v. Sullivan

Court: District Court of Appeal of Florida | Date Filed: 2012-10-10

Citation: 103 So. 3d 882, 2012 WL 4798610, 2012 Fla. App. LEXIS 17423

Snippet: of process. Because a strict reading of section 48.21, Florida Statutes (2010), supports the trial court’s

Vives v. Wells Fargo Bank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2012-06-27

Citation: 128 So. 3d 9, 2012 WL 2400891, 2012 Fla. App. LEXIS 10393

Snippet: provided in this section. (emphasis added). Section 48.21, Florida Statutes (2009), which is titled “Return

Robles-Martinez v. Diaz, Reus & Targ, LLP

Court: District Court of Appeal of Florida | Date Filed: 2011-08-17

Citation: 88 So. 3d 177, 2011 Fla. App. LEXIS 12980, 2011 WL 3586179

Snippet: information required by the applicable statute: Section 48.21, Florida Statutes (1979) requires those serving

Vidal v. SunTrust Bank

Court: District Court of Appeal of Florida | Date Filed: 2010-08-04

Citation: 41 So. 3d 401, 2010 Fla. App. LEXIS 11288, 2010 WL 3023386

Snippet: with the statutory provisions contained in section 48.21, Florida Statutes, and noted the date and time of