Florida Statutes

Fla. Stat. § 48.21 (2025)

Return of execution of process.

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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.

Notes of Decisions

Cited in 36 cases (13 in the last 5 years), 1984–2025 · leading case: Lance Koster v. Carol Sullivan, 160 So. 3d 385 (Fla. 2015).

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Lance Koster v. Carol Sullivan, 160 So. 3d 385 (Fla. 2015). · cites it 29× “2 § 48.21, Fla. Stat. (2009). The pertinent portion of section 48.”

Re-Emp. Servs., Ltd. v. NLAC, 969 So. 2d 467 (Fla. 5th DCA 2007). · cites it 16× “§ 48.21, Fla. Stat. (2006). In the present case, the return of service was defective on its face because it not only failed to accurately note the date and time the process came to hand, but also it actually stated that it came to hand before the summonses were even issued.”

Koster v. Sullivan, 103 So. 3d 882 (Fla. 2d DCA 2012). · cites it 21× “Because a strict reading of section 48.21, Florida Statutes (2010), supports the trial court’s finding that the return of service was regular on its face and the record also supports the trial court’s finding that Koster failed to meet his burden of proving ineffective service,…”

Coutts v. Sabadell United Bank, N.A., 199 So. 3d 1099 (Fla. 3d DCA 2016). · cites it 10× “The court noted that “the language of section 48.21 does not expressly incorporate section 48.”

Robles-Martinez v. Diaz, Reus & Targ, LLP, 88 So. 3d 177 (Fla. 3d DCA 2011). · cites it 4× “This determination was made by simply reviewing the four corners of the return to see if it contained all of the information required by the applicable statute: Section 48.21, Florida Statutes (1979) requires those serving process to record, among other things, the manner of…”

Gonzalez v. Totalbank, 472 So. 2d 861 (Fla. 3d DCA 1985). · cites it 5× “21, Florida Statutes (1979) requires those serving process to record, among other things, the manner of execution of the process and the name of the person served.”

Murphy v. Cach, LLC, 230 So. 3d 599 (Fla. 5th DCA 2017). · cites it 8× “§ 48.21, Fla. Stat. (2015). Therefore, for a return of service of process to be facially •valid; it must include the following four facts: (1) the date and time the pleading is received ■ by the process server; (2) the date and time that process is served; (3) the manner of…”

Frank Romeo & Connie Yang v. US Bank Nat'l Ass'n, 144 So. 3d 585 (Fla. 4th DCA 2014). · cites it 9× “Section 48.21, Florida Statutes (2013), governs returns of executions of process.”

Vidal v. SunTrust Bank, 41 So. 3d 401 (Fla. 4th DCA 2010). · cites it 2× “The return of service fully complied with the statutory provisions contained in section 48.21, Florida Statutes, and noted the date and time of service; that the person at Vidal’s place of abode was over the age of 15 years; and that the process server had informed the person…”

David Davidian & Irma Davidian v. JP Morgan Chase Bank, Nat'l Ass'n, 178 So. 3d 45 (Fla. 4th DCA 2015). · cites it 2× “of service complied with section 48.21(1), Florida Statutes (2015), which provides: 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…”

Schneiderman v. Cantor, 546 So. 2d 51 (Fla. 4th DCA 1989). · cites it 2× “§ 48.21, Fla. Stat. (1987). On October 6, 1987, appellant's attorney wrote the trial court admitting his client received a copy of the complaint and expressing that an attack on the defective service might be made to avoid the acknowledged default.”

James Matthews & Roberta Matthews v. U.S. Bank, Nat'l Ass'n, etc., 197 So. 3d 1140 (Fla. 4th DCA 2016). · cites it 3× “Section 48.21, Florida Statutes (2014), identifies “four facts that a return of process shall note:” (1) the date and time that the pleading comes to hand or is received by the process server, (2) the date and time that process is served, (3) the manner of service, and (4) the…”

Show all 36 citing cases →

— 48.21(1) — 13 cases

Coutts v. Sabadell United Bank, N.A., 199 So. 3d 1099 (Fla. 3d DCA 2016). “The court noted that “the language of section 48.21 does not expressly incorporate section 48.”

David Davidian & Irma Davidian v. JP Morgan Chase Bank, Nat'l Ass'n, 178 So. 3d 45 (Fla. 4th DCA 2015). “of service complied with section 48.21(1), Florida Statutes (2015), which provides: 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…”

Janet Mauro & Dennis Quinn v. Wells Fargo Bank, N.A., 180 So. 3d 1083 (Fla. 4th DCA 2015).

Frank Romeo & Connie Yang v. US Bank Nat'l Ass'n, 144 So. 3d 585 (Fla. 4th DCA 2014). “Section 48.21, Florida Statutes (2013), governs returns of executions of process.”

Sadlak v. Nationstar Mortg., 252 So. 3d 302 (Fla. 3d DCA 2018).

— 48.21(2) — 8 cases

Frank Romeo & Connie Yang v. US Bank Nat'l Ass'n, 144 So. 3d 585 (Fla. 4th DCA 2014). “Section 48.21, Florida Statutes (2013), governs returns of executions of process.”

SDS-IC v. Florida Concentrates Int'l, LLC, 157 So. 3d 389 (Fla. 2d DCA 2015).

Densyl Alexis Diaz Rodriguez v. Hsbc Bank USA, Nat'l Ass'n, as Tr. Etc. (Fla. 4th DCA 2022).

Tamara Carus v. Cove at Isles at Bayshore Homeowners Ass'n, Inc. (Fla. 3d DCA 2022).

Esther Kassin v. 3909 Ponce De Leon LLC (Fla. 3d DCA 2025).

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