Florida Statute 48.31 | 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. 48.31

48.31 Removal of certified process servers; false return of service.—

(1) A certified process server may be removed from the list of certified process servers for any malfeasance, misfeasance, neglect of duty, or incompetence, as provided by court rule.

(2) A certified process server must be disinterested in any process he or she serves; if the certified process server willfully and knowingly executes a false return of service, he or she is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and shall be permanently barred from serving process in this state.

History.—s. 5, ch. 88-135; s. 285, ch. 95-147.

F.S. 48.31 on Google Scholar

F.S. 48.31 on Casetext

Amendments to 48.31

Arrestable Offenses / Crimes under Fla. Stat. 48.31

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

S48.31 2 - FRAUD - EXECUTE FALSE RETURN OF SERVICE - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 48.31

Total Results: 20

Celebrity Actor's Camp, Inc., Winebarger v. McLaughlin, Bredbrenner

Court: District Court of Appeal of Florida | Date Filed: 2024-09-18

Snippet: default."). As provided for in section 48.031(6)(a), Florida Statutes (2022): If the only

In Re: Amendments to Florida Rules of Criminal Procedure - 2024 Legislation

Court: Supreme Court of Florida | Date Filed: 2024-08-29

Snippet: the Florida Rules of Civil Procedure and section 48.031, Florida Statutes. To protect deponents and the

Cash Wallace Pawley, Sr. v. First National Bank of South Miami, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2024-08-28

Snippet: record, we affirm the order in all respects. § 48.031, Fla. Stat. (2019); see also Fla. Dep't of

Meredyth Capasso v. Mary Jo Buchanan and Herbert Bookstein

Court: District Court of Appeal of Florida | Date Filed: 2024-01-17

Snippet: server’s identification number as required by section 48.031(5), Florida Statutes (2023), and Florida Rule of

SPENCER C. BLANTON v. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-09-06

Snippet: GORDO, JJ. PER CURIAM. Affirmed. See § 48.031, Fla. Stat. (2019); Robles-Martinez v. Diaz, Reus

HENCILE DORSEY v. KIMBERLEE JO PERRETTA, etc.

Court: District Court of Appeal of Florida | Date Filed: 2023-03-22

Snippet: for purposes of substitute service under section 48.031, Florida Statutes). The propriety of service has

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

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

Snippet: sections of chapter 48, Florida Statutes. Section 48.031(1)(a) directs: Service of original process

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

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

Snippet: notes contain no evidence of compliance with [§ 48.031(1)(a), Fla. Stat. (2009)].”).

In Re: Amendments to Florida Rule of Criminal Procedure 3.220, Florida Rule of Civil Procedure for Involuntary Commitment of Sexually Violent Predators 4.310, and Florida Rule of Juvenile Procedure 8.060

Court: Supreme Court of Florida | Date Filed: 2022-08-25

Snippet: the Florida Rules of Civil Procedure and section 48.031, Florida Statutes. To protect deponents and the

OTTAWA PROERTIES 1 LLC v. US BANK, NA, etc.

Court: District Court of Appeal of Florida | Date Filed: 2022-08-24

Snippet: initial or sign the summons, as required by section 48.031(5), Florida Statutes. Based upon U.S. Bank’s commendable

DANIELLA BECKER v. TIMOTHY BECKER

Court: District Court of Appeal of Florida | Date Filed: 2022-07-20

Snippet: server complied with the service statute. See § 48.031, Fla. Stat. Competent, substantial evidence

BRIAN SYMONETTE v. OLGA D. LOZANO

Court: District Court of Appeal of Florida | Date Filed: 2021-10-20

Snippet: service was not his “usual place of abode.” See § 48.031, Fla. Stat. (2020). Thus, service was not perfected

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

Court: Supreme Court of Florida | Date Filed: 2020-04-16

Snippet: persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service

Epstein v. Brunel

Court: District Court of Appeal of Florida | Date Filed: 2019-04-24

Citation: 271 So. 3d 1173

Snippet: Ordinarily, service of process is governed by section 48.031(1)(a), Florida Statutes (2018), which provides

ROY L. LILLY v. BANK OF AMERICA, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2019-04-10

Citation: 267 So. 3d 452

Snippet: process server’s failure to comply with section 48.031, Florida Statutes (2015). See Nirk v. Bank of Am

Sadlak v. Nationstar Mortgage

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

Citation: 252 So. 3d 302

Snippet: method-of-service statute – in this case, section 48.031 – and the “Return of execution of process” statute

Williams v. Nuno

Court: District Court of Appeal of Florida | Date Filed: 2018-02-07

Citation: 239 So. 3d 153

Snippet: usual place of abode as required under section 48.031(1)(a), Florida Statutes (2016).1 For the reasons

Pace v. Bank of New York Mellon Trust Co.

Court: District Court of Appeal of Florida | Date Filed: 2017-08-11

Citation: 224 So. 3d 342, 2017 WL 3443075, 2017 Fla. App. LEXIS 11541

Snippet: unnecessary to effectuate service of process. See § 48.031(l)(a), Fla. Stat. (2008); Matthews v. U.S. Bank

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

Court: District Court of Appeal of Florida | Date Filed: 2016-12-28

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

Snippet: comply with Florida’s service requirements. See § 48.031(l)(a), Fla. Stat. (2016) (providing that “[sjerviee

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: under the substitute service provisions of section 48.031(6)(a) FÍóridá Statutes (2015), which provides: