PROCESS AND SERVICE OF PROCESS
CHAPTER
48
PROCESS AND SERVICE OF PROCESS
48.011 Process;
how directed.
48.021 Process;
by whom served.
48.031 Service
of process generally; service of witness subpoenas.
48.041 Service
on minor.
48.042 Service
on incompetent.
48.051 Service
on state prisoners.
48.061 Service
on partnerships and limited partnerships.
48.071 Service
on agents of nonresidents doing business in the state.
48.081 Service
on corporation.
48.091 Corporations;
designation of registered agent and registered office.
48.101 Service
on dissolved corporations.
48.111 Service on public agencies and officers.
48.121 Service
on the state.
48.131 Service
on alien property custodian.
48.141 Service
on labor unions.
48.151 Service
on statutory agents for certain persons.
48.161 Method
of substituted service on nonresident.
48.171 Service
on nonresident motor vehicle owners, etc.
48.181 Service
on nonresident engaging in business in state.
48.183 Service
of process in action for possession of premises.
48.19 Service
on nonresidents operating aircraft or watercraft in the state.
48.193 Acts
subjecting person to jurisdiction of courts of state.
48.194 Personal
service outside state.
48.195 Service
of foreign process.
48.196 Service
of process in connection with actions under the Florida International
Arbitration Act.
48.20 Service
of process on Sunday.
48.21 Return
of execution of process.
48.22 Cumulative
to other laws.
48.23 Lis pendens.
48.25 Short
title.
48.27 Certified
process servers.
48.29 Certification
of process servers.
48.31 Removal of certified process servers; false return of service.
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48.011 Process; how directed.--
Summons, subpoenas, and other process in civil actions run throughout
the state. All process except subpoenas shall be directed to all and singular
the sheriffs of the state.
History.--s. 1, ch. 4397, 1895; GS 1397; RGS 2594; CGL 4234; s.
2, ch. 29737, 1955; s. 4, ch. 67-254.
Note.--Former s. 47.08.
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48.021 Process; by whom served.--
(1) All process shall be served
by the sheriff of the county where the person to be served is found, except
initial nonenforceable civil process may be served by a special process
server appointed by the sheriff as provided for in this section or by
a certified process server as provided for in ss. 48.25-48.31. Witness
subpoenas may be served by any person authorized by rules of procedure.
(2)(a) The sheriff of each
county may, in his or her discretion, establish an approved list of natural
persons designated as special process servers. The sheriff shall add to
such list the names of those natural persons who have met the requirements
provided for in this section. Each natural person whose name has been
added to the approved list is subject to annual recertification and reappointment
by the sheriff. The sheriff shall prescribe an appropriate form for application
for appointment. A reasonable fee for the processing of the application
shall be charged.
1(b) A person applying
to become a special process server shall:
1. Be at least 18 years of
age.
2. Have no mental or legal
disability.
3. Be a permanent resident
of the state.
4. Submit to a background
investigation that includes the right to obtain and review the criminal
record of the applicant.
5. Obtain and file with the
application a certificate of good conduct that specifies there is no pending
criminal case against the applicant and that there is no record of any
felony conviction, nor a record of a misdemeanor involving moral turpitude
or dishonesty, with respect to the applicant within the past 5 years.
6. Submit to an examination
testing the applicant's knowledge of the laws and rules regarding the
service of process. The content of the examination and the passing grade
thereon, and the frequency and the location at which the examination is
offered must be prescribed by the sheriff. The examination must be offered
at least once annually.
7. Take an oath that the applicant
will honestly, diligently, and faithfully exercise the duties of a special
process server.
1(c) The sheriff
may prescribe additional rules and requirements directly related to subparagraphs
(b)1.-7. regarding the eligibility of a person to become a special process
server or to have his or her name maintained on the list of special process
servers.
1(d) An applicant
who completes the requirements of this section must be designated as a
special process server provided that the sheriff of the county has determined
that the appointment of special process servers is necessary or desirable.
Each special process server must be issued an identification card bearing
his or her identification number, printed name, signature and photograph,
and an expiration date. Each identification card must be renewable annually
upon proof of good standing.
(e) The sheriff shall have
the discretion to revoke an appointment at any time that he or she determines
a special process server is not fully and properly discharging the duties
as a special process server. The sheriff shall institute a program to
determine whether the special process servers appointed as provided for
in this section are faithfully discharging their duties pursuant to such
appointment, and a reasonable fee may be charged for the costs of administering
such program.
(3) A special process server
appointed in accordance with this section shall be authorized to serve
process in only the county in which the sheriff who appointed him or her
resides and may charge a reasonable fee for his or her services.
(4) Any special process server
shall be disinterested in any process he or she serves; and if the special
process server willfully and knowingly executes a false return of service
or otherwise violates the oath of office, he or she shall be guilty of
a felony of the third degree, punishable as provided for in s. 775.082,
s. 775.083, or s. 775.084, and shall be permanently barred from serving
process in Florida.
History.--s. 16, July 22, 1845; s. 1, ch. 3721, 1887; RS 1014,
1246; GS 1401; RGS 2598; s. 1, ch. 9318, 1923; CGL 4238; s. 4, ch. 67-254;
s. 12, ch. 73-334; s. 1, ch. 76-263; s. 2, ch. 79-396; s. 1, ch. 81-266;
s. 1, ch. 88-135; s. 2, ch. 91-306; s. 268, ch. 95-147; s. 16, ch. 98-34.
1Note.--Section 46, ch. 98-34, provides that "[t]he
provisions of this act do not affect a cause of action that accrued before
[July 1, 1998]."
Note.--Former s. 47.12.
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48.031 Service of process generally; service
of witness subpoenas.--
(1)(a) Service of original
process is made by delivering a copy of it to the person to be served
with a copy of the complaint, petition, or other initial pleading or paper
or by leaving the copies at his or her usual place of abode with any person
residing therein who is 15 years of age or older and informing the person
of their contents. Minors who are or have been married shall be served
as provided in this section.
(b) Employers, when contacted
by an individual authorized to make service of process, shall permit the
authorized individual to make service on employees in a private area designated
by the employer.
(2)(a) Substitute service
may be made on the spouse of the person to be served at any place in the
county, if the cause of action is not an adversary proceeding between
the spouse and the person to be served, if the spouse requests such service,
and if the spouse and person to be served are residing together in the
same dwelling.
(b) Substitute service may
be made on an individual doing business as a sole proprietorship at his
or her place of business, during regular business hours, by serving the
person in charge of the business at the time of service if two or more
attempts to serve the owner have been made at the place of business.
(3)(a) The service of process
of witness subpoenas, whether in criminal cases or civil actions, shall
be made as provided in subsection (1). However, service of a third degree
felony may be made by United States mail directed to the witness at the
last known address, and the service must be mailed at least 7 days prior
to the date of the witness's required appearance. Failure of a witness
to appear in response to a subpoena served by United States mail that
is not certified may not be grounds for finding the witness in contempt
of court.
(b) A criminal witness subpoena
may be posted by a person authorized to serve process at the witness's
residence if three attempts to serve the subpoena, made at different times
of the day or night on different dates, have failed. The subpoena must
be posted at least 5 days prior to the date of the witness's required
appearance.
(4)(a) Service of a criminal
witness subpoena upon a law enforcement officer or upon any federal, state,
or municipal employee called to testify in an official capacity in a criminal
case may be made as provided in subsection (1) or by delivery to a designated
supervisory or administrative employee at the witness's place of employment
if the agency head or highest ranking official at the witness's place
of employment has designated such employee to accept such service. However,
no such designated employee is required to accept service:
1. For a witness who is no
longer employed by the agency at that place of employment;
2. If the witness is not scheduled
to work prior to the date the witness is required to appear; or
3. If the appearance date
is less than 5 days from the date of service.
The agency head or highest ranking official at the witness's place of
employment may determine the days of the week and the hours that service
may be made at the witness's place of employment.
(b) Service may also be made
in accordance with subsection (3) provided that the person who requests
the issuance of the criminal witness subpoena shall be responsible for
mailing the subpoena in accordance with that subsection and for making
the proper return of service to the court.
(5) A person serving process shall
place, on the copy served, the date and time of service and his or her
identification number and initials for all service of process.
(6) If the only address for a person
to be served, which is discoverable through public records, is a private
mailbox, substitute service may be made by leaving a copy of the process
with the person in charge of the private mailbox, but only if the process
server determines that the person to be served maintains a mailbox at
that location.
History.--s. 5, Nov. 23, 1828; RS 1015; GS 1402; RGS 2599; CGL
4246; s. 6, ch. 29737, 1955; s. 4, ch. 67-254; s. 1, ch. 75-34; s. 3,
ch. 79-396; s. 3, ch. 82-118; s. 1, ch. 84-339; s. 7, ch. 85-80; s. 2,
ch. 87-405; s. 6, ch. 93-208; s. 269, ch. 95-147; s. 1, ch. 95-172; s.
1, ch. 98-410; s. 1, ch. 2004-273.
Note.--Former s. 47.13.
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48.041 Service on minor.--
(1) Process against a minor
who has never been married shall be served:
(a) By serving a parent or
guardian of the minor as provided for in s. 48.031 or, when there is a
legal guardian appointed for the minor, by serving the guardian as provided
for in s. 48.031.
(b) By serving the guardian
ad litem or other person, if one is appointed by the court to represent
the minor. Service on the guardian ad litem is unnecessary when he or
she appears voluntarily or when the court orders the appearance without
service of process on him or her.
(2) In all cases heretofore
adjudicated in which process was served on a minor as prescribed by any
law heretofore existing, the service was lawfully made, and no proceeding
shall be declared irregular or illegal if a guardian ad litem appeared
for the minor.
History.--ss. 1, 2, ch. 7853, 1919; CGL 4273, 4274; s. 1, ch. 19175,
1939; CGL 1940 Supp. 4274(13); s. 2, ch. 29737, 1955; s. 4, ch. 67-254;
s. 1, ch. 84-176; s. 270, ch. 95-147.
Note.--Former ss. 47.23-47.25.
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48.042 Service on incompetent.--
(1) Process against an incompetent
shall be served:
(a) By serving two copies
of the process to the person who has care or custody of the incompetent
or, when there is a legal guardian appointed for the incompetent, by serving
the guardian as provided in s. 48.031.
(b) By serving the guardian
ad litem or other person, if one is appointed by the court to represent
the incompetent. Service on the guardian ad litem is unnecessary when
he or she appears voluntarily or when the court orders the appearance
without service of process on him or her.
(2) In all cases heretofore
adjudicated in which process was served on an incompetent as prescribed
by any law heretofore existing, the service was lawfully made, and no
proceeding shall be declared irregular or illegal if a guardian ad litem
appeared for the incompetent.
History.--s. 2, ch. 84-176; s. 271, ch. 95-147.
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48.051 Service on state prisoners.--
Process against a state prisoner shall be served on the prisoner.
History.--s. 30, ch. 3883, 1889; RS 3043; GS 4124; RGS 6243; CGL
8580; s. 1, ch. 21992, 1943; s. 1, ch. 25041, 1949; s. 44, ch. 57-121;
s. 4, ch. 67-254; ss. 19, 35, ch. 69-106; s. 13, ch. 71-355.
Note.--Former s. 47.26.
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48.061 Service on partnerships and limited
partnerships.--
(1) Process against a partnership
shall be served on any partner and is as valid as if served on each individual
partner. If a partner is not available during regular business hours to
accept service on behalf of the partnership, he or she may designate an
employee to accept such service. After one attempt to serve a partner
or designated employee has been made, process may be served on the person
in charge of the partnership during regular business hours. After service
on any partner, plaintiff may proceed to judgment and execution against
that partner and the assets of the partnership. After service on a designated
employee or other person in charge, plaintiff may proceed to judgment
and execution against the partnership assets but not against the individual
assets of any partner.
(2) Process against a domestic
limited partnership may be served on any general partner or on the agent
for service of process specified in its certificate of limited partnership
or in its certificate as amended or restated and is as valid as if served
on each individual member of the partnership. After service on a general
partner or the agent, the plaintiff may proceed to judgment and execution
against the limited partnership and all of the general partners individually.
If a general partner cannot be found in this state and service cannot
be made on an agent because of failure to maintain such an agent or because
the agent cannot be found or served with the exercise of reasonable diligence,
service of process may be effected by service upon the Secretary of State
as agent of the limited partnership as provided for in s. 48.181. Service
of process may be made under ss. 48.071 and 48.21 on limited partnerships.
(3) Process against a foreign
limited partnership may be served on any general partner found in the
state or on any agent for service of process specified in its application
for registration and is as valid as if served on each individual member
of the partnership. If a general partner cannot be found in this state
and an agent for service of process has not been appointed or, if appointed,
the agent's authority has been revoked or the agent cannot be found or
served with the exercise of reasonable diligence, service of process may
be effected by service upon the Secretary of State as agent of the limited
partnership as provided for in s. 48.181, or process may be served as
provided in ss. 48.071 and 48.21.
History.--s. 13, Nov. 23, 1828; RS 1017; GS 1404; RGS 2601; CGL
4248; s. 4, ch. 67-254; s. 74, ch. 86-263; s. 3, ch. 87-405; s. 272, ch.
95-147.
Note.--Former s. 47.15.
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48.071 Service on agents of nonresidents doing
business in the state.--
When any natural person or partnership not residing or having a principal
place of business in this state engages in business in this state, process
may be served on the person who is in charge of any business in which
the defendant is engaged within this state at the time of service, including
agents soliciting orders for goods, wares, merchandise or services. Any
process so served is as valid as if served personally on the nonresident
person or partnership engaging in business in this state in any action
against the person or partnership arising out of such business. A copy
of such process with a notice of service on the person in charge of such
business shall be sent forthwith to the nonresident person or partnership
by registered or certified mail, return receipt requested. An affidavit
of compliance with this section shall be filed before the return day or
within such further time as the court may allow.
History.--s. 1, ch. 59-280; s. 4, ch. 67-254; s. 273, ch. 95-147.
Note.--Former s. 47.161.
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48.081 Service on corporation.--
(1) Process against any private
corporation, domestic or foreign, may be served:
(a) On the president or vice
president, or other head of the corporation;
(b) In the absence of any
person described in paragraph (a), on the cashier, treasurer, secretary,
or general manager;
(c) In the absence of any
person described in paragraph (a) or paragraph (b), on any director; or
(d) In the absence of any
person described in paragraph (a), paragraph (b), or paragraph (c), on
any officer or business agent residing in the state.
(2) If a foreign corporation
has none of the foregoing officers or agents in this state, service may
be made on any agent transacting business for it in this state.
(3)(a) As an alternative to all
of the foregoing, process may be served on the agent designated by the
corporation under s. 48.091. However, if service cannot be made on a registered
agent because of failure to comply with s. 48.091, service of process
shall be permitted on any employee at the corporation's principal place
of business or on any employee of the registered agent.
(b) If the address provided for
the registered agent, officer, director, or principal place of business
is a residence or private mailbox, service on the corporation may be made
by serving the registered agent, officer or director in accordance with
s. 48.031.
(4) This section does not
apply to service of process on insurance companies.
(5) When a corporation engages
in substantial and not isolated activities within this state, or has a
business office within the state and is actually engaged in the transaction
of business therefrom, service upon any officer or business agent while
on corporate business within this state may personally be made, pursuant
to this section, and it is not necessary in such case that the action,
suit, or proceeding against the corporation shall have arisen out of any
transaction or operation connected with or incidental to the business
being transacted within the state.
History.--s. 8, Nov. 21, 1829; s. 2, Feb. 11, 1834; s. 1, ch. 3590,
1885; RS 1019; GS 1406; s. 1, ch. 6908, 1915; s. 1, ch. 7752, 1918; RGS
2604; CGL 4251; s. 1, ch. 57-97; ss. 1, 2, 3, ch. 59-46; s. 4, ch. 67-254;
s. 1, ch. 67-399; s. 6, ch. 79-396; s. 7, ch. 83-216; s. 1, ch. 84-2;
s. 2, ch. 2004-273
Note.--Former s. 47.17.
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48.091 Corporations; designation of registered
agent and registered office.--
(1) Every Florida corporation
and every foreign corporation now qualified or hereafter qualifying to
transact business in this state shall designate a registered agent and
registered office in accordance with chapter 607.
(2) Every corporation shall
keep the registered office open from 10 a.m. to 12 noon each day except
Saturdays, Sundays, and legal holidays, and shall keep one or more registered
agents on whom process may be served at the office during these hours.
The corporation shall keep a sign posted in the office in some conspicuous
place designating the name of the corporation and the name of its registered
agent on whom process may be served.
History.--ss. 1, 2, 11, 13, 14, ch. 11829, 1927; CGL 4257, 4258,
4267, 4269, 4270; ss. 1, 2, ch. 20842, 1941; s. 1, ch. 29873, 1955; s.
24, ch. 57-1; s. 1, ch. 63-241; s. 1, ch. 65-32; s. 4, ch. 67-254; s.
2, ch. 67-562; ss. 10, 35, ch. 69-106; s. 3, ch. 71-114; s. 1, ch. 71-269;
s. 28, ch. 71-377; s. 1, ch. 76-209.
Note.--Former ss. 47.34, 47.35, 47.42, 47.43, 47.45, 47.50.
48.101 Service on dissolved corporations.--
Process against the directors of any corporation which was dissolved before
July 1, 1990, as trustees of the dissolved corporation shall be served
on one or more of the directors of the dissolved corporation as trustees
thereof and binds all of the directors of the dissolved corporation as
trustees thereof. Process against any other dissolved corporation shall
be served in accordance with s. 48.081.
History.--s. 1, ch. 19064, 1939; CGL 1940 Supp. 4251(1); s. 4,
ch. 67-254; s. 3, ch. 97-230.
Note.--Former s. 47.22.
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48.111 Service on public agencies and officers.--
(1) Process against any municipal
corporation, agency, board, or commission, department, or subdivision
of the state or any county which has a governing board, council, or commission
or which is a body corporate shall be served:
(a) On the president, mayor,
chair, or other head thereof; and in his or her absence;
(b) On the vice president,
vice mayor, or vice chair, or in the absence of all of the above;
(c) On any member of the governing
board, council, or commission.
(2) Process against any public
agency, board, commission, or department not a body corporate or having
a governing board or commission shall be served on the public officer
being sued or the chief executive officer of the agency, board, commission,
or department.
(3) In any suit in which the
Department of Revenue or its successor is a party, process against the
department shall be served on the executive director of the department.
This procedure is to be in lieu of any other provision of general law,
and shall designate said department to be the only state agency or department
to be so served.
History.--ss. 1, 2, ch. 3242, 1881; RS 581, 1021, 1022; GS 774,
1408, 1409; RGS 1494, 2606, 2607; CGL 2203, 4253, 4254; s. 4, ch. 67-254;
s. 1, ch. 73-73; s. 8, ch. 83-216; s. 274, ch. 95-147.
Note.--Former ss. 47.20, 47.21.
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48.121 Service on the state.--
When the state has consented to be sued, process against the state shall
be served on the state attorney or an assistant state attorney for the
judicial circuit within which the action is brought and by sending two
copies of the process by registered or certified mail to the Attorney
General. The state may serve motions or pleadings within 40 days after
service is made. This section is not intended to authorize the joinder
of the Attorney General or a state attorney as a party in such suit or
prosecution.
History.--s. 2, ch. 29724, 1955; s. 4, ch. 67-254; s. 7, ch. 2001-266
Note.--Former s. 69.18.
48.131 Service on alien property custodian.--
In every action or proceeding in any court or before any administrative
board involving real, personal, or mixed property, or any interest therein,
when service of process or notice is required or directed to be made upon
any person, firm or corporation located, or believed to be located, within
any country or territory in the possession of or under the control of
any country between which and the United States a state of war exists,
in addition to the giving of the notice or service of process, a copy
of the notice or process shall be sent by registered or certified mail
to the alien property custodian, addressed to him or her at Washington,
District of Columbia; but failure to mail a copy of the notice or process
to the alien property custodian does not invalidate the action or proceeding.
History.--s. 1, ch. 22074, 1943; s. 4, ch. 67-254; s. 275, ch.
95-147.
Note.--Former s. 47.51.
48.141 Service on labor unions.--
Process against labor organizations shall be served on the president or
other officer, business agent, manager or person in charge of the business
of such labor organization.
History.--s. 4, ch. 67-254.
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48.151 Service on statutory agents for certain
persons.--
(1) When any law designates a public officer, board,
agency, or commission as the agent for service of process on any person,
firm, or corporation, service of process thereunder shall be made by leaving
two copies of the process with the public officer, board, agency, or commission
or in the office thereof, or by mailing said copies to the public officer,
board, agency, or commission. The public officer, board, agency, or commission
so served shall file one copy in his or her or its records and promptly
send the other copy, by registered or certified mail, to the person to
be served as shown by his or her or its records. Proof of service on the
public officer, board, agency, or commission shall be by a notice accepting
the process which shall be issued by the public officer, board, agency,
or commission promptly after service and filed in the court issuing the
process. The notice accepting service shall state the date upon which
the copy of the process was mailed by the public officer, board, agency,
or commission to the person being served and the time for pleading prescribed
by the rules of procedure shall run from this date. The service is valid
service for all purposes on the person for whom the public officer, board,
agency, or commission is statutory agent for service of process.
(2) This section does not apply to substituted service
of process on nonresidents.
(3) The Chief Financial Officer or his or her assistant
or deputy or another person in charge of the office is the agent for service
of process on all insurers applying for authority to transact insurance
in this state, all licensed nonresident insurance agents, all nonresident
disability insurance agents licensed pursuant to s. 626.835, any unauthorized
insurer under s. 626.906 or s. 626.937, domestic reciprocal insurers,
fraternal benefit societies under chapter 632, warranty associations under
chapter 634, prepaid limited health service organizations under chapter
636, and persons required to file statements under s. 628.461.
(4) The Director of the Office of Financial Regulation
of the Financial Services Commission is the agent for service of process
for any issuer as defined in s. 517.021, or any dealer, investment adviser,
or associated person registered with that office, for any violation of
any provision of chapter 517.
(5) The Secretary of State is the agent for service
of process for any retailer, dealer or vendor who has failed to designate
an agent for service of process as required under s. 212.151 for violations
of chapter 212.
History.--s. 4, ch. 67-254;
ss. 10, 12, 13, 35, ch. 69-106; s. 14, ch. 71-355; s. 29, ch. 71-377;
s. 2, ch. 76-100; s. 16, ch. 79-164; s. 4, ch. 83-215; s. 1, ch. 87-316;
s. 10, ch. 90-248; s. 276, ch. 95-147; s. 100, ch. 2003-261.
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48.161 Method of substituted service on nonresident.--
(1) When authorized by law,
substituted service of process on a nonresident or a person who conceals
his or her whereabouts by serving a public officer designated by law shall
be made by leaving a copy of the process with a fee of $8.75 with the
public officer or in his or her office or by mailing the copies by certified
mail to the public officer with the fee. The service is sufficient service
on a defendant who has appointed a public officer as his or her agent
for the service of process. Notice of service and a copy of the process
shall be sent forthwith by registered or certified mail by the plaintiff
or his or her attorney to the defendant, and the defendant's return receipt
and the affidavit of the plaintiff or his or her attorney of compliance
shall be filed on or before the return day of the process or within such
time as the court allows, or the notice and copy shall be served on the
defendant, if found within the state, by an officer authorized to serve
legal process, or if found without the state, by a sheriff or a deputy
sheriff of any county of this state or any duly constituted public officer
qualified to serve like process in the state or jurisdiction where the
defendant is found. The officer's return showing service shall be filed
on or before the return day of the process or within such time as the
court allows. The fee paid by the plaintiff to the public officer shall
be taxed as cost if he or she prevails in the action. The public officer
shall keep a record of all process served on him or her showing the day
and hour of service.
(2) If any person on whom
service of process is authorized under subsection (1) dies, service may
be made on his or her administrator, executor, curator, or personal representative
in the same manner.
(3) This section does not
apply to persons on whom service is authorized under s. 48.151.
(4) The public officer may
designate some other person in his or her office to accept service.
History.--ss. 2, 4, ch. 17254, 1935; CGL 1936 Supp. 4274 (8), (10);
s. 1, ch. 59-382; s. 4, ch. 67-254; s. 4, ch. 71-114; s. 1, ch. 71-308;
s. 57, ch. 90-132; s. 277, ch. 95-147.
Note.--Former ss. 47.30, 47.32.
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48.171 Service on nonresident motor vehicle
owners, etc.--
Any nonresident of this state, being the operator or owner of any motor
vehicle, who accepts the privilege extended by the laws of this state
to nonresident operators and owners, of operating a motor vehicle or of
having it operated, or of permitting any motor vehicle owned, or leased,
or controlled by him or her to be operated with his or her knowledge,
permission, acquiescence, or consent, within the state, or any resident
of this state, being the licensed operator or owner of or the lessee,
or otherwise entitled to control any motor vehicle under the laws of this
state, who becomes a nonresident or conceals his or her whereabouts, by
the acceptance or licensure and by the operation of the motor vehicle,
either in person, or by or through his or her servants, agents, or employees,
or by persons with his or her knowledge, acquiescence, and consent within
the state constitutes the Secretary of State his or her agent for the
service of process in any civil action begun in the courts of the state
against such operator or owner, lessee, or other person entitled to control
of the motor vehicle, arising out of or by reason of any accident or collision
occurring within the state in which the motor vehicle is involved.
History.--s. 1, ch. 17254, 1935; CGL 1936 Supp. 4274(7); ss. 1,
2, ch. 25003, 1949; s. 4, ch. 67-254; s. 278, ch. 95-147.
Note.--Former s. 47.29.
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48.181 Service on nonresident engaging in business
in state.--
(1) The acceptance by any
person or persons, individually or associated together as a copartnership
or any other form or type of association, who are residents of any other
state or country, and all foreign corporations, and any person who is
a resident of the state and who subsequently becomes a nonresident of
the state or conceals his or her whereabouts, of the privilege extended
by law to nonresidents and others to operate, conduct, engage in, or carry
on a business or business venture in the state, or to have an office or
agency in the state, constitutes an appointment by the persons and foreign
corporations of the Secretary of State of the state as their agent on
whom all process in any action or proceeding against them, or any of them,
arising out of any transaction or operation connected with or incidental
to the business or business venture may be served. The acceptance of the
privilege is signification of the agreement of the persons and foreign
corporations that the process against them which is so served is of the
same validity as if served personally on the persons or foreign corporations.
(2) If a foreign corporation
has a resident agent or officer in the state, process shall be served
on the resident agent or officer.
(3) Any person, firm, or corporation
which sells, consigns, or leases by any means whatsoever tangible or intangible
personal property, through brokers, jobbers, wholesalers, or distributors
to any person, firm, or corporation in this state is conclusively presumed
to be both engaged in substantial and not isolated activities within this
state and operating, conducting, engaging in, or carrying on a business
or business venture in this state.
History.--s. 1, ch. 6224, 1911; RGS 2602; CGL 4249; s. 1, ch. 26657,
1951; s. 1, ch. 57-747; s. 4, ch. 67-254; s. 2, ch. 84-2; s. 279, ch.
95-147.
Note.--Former s. 47.16.
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48.183 Service of process in action for possession
of premises.--
(1) In an action for possession
of any residential premises, including those under chapters 83, 723, and
513, or nonresidential premises, if the tenant cannot be found in the
county or there is no person 15 years of age or older residing at the
tenant's usual place of abode in the county after at least two attempts
to obtain service as provided above in this subsection, summons may be
served by attaching a copy to a conspicuous place on the property described
in the complaint or summons. The minimum time delay between the two attempts
to obtain service shall be 6 hours. Nothing herein shall be construed
as prohibiting service of process on a tenant as is otherwise provided
on defendants in civil cases.
(2) If a landlord causes or
anticipates causing a defendant to be served with a summons and complaint
solely by attaching them to some conspicuous place on the property described
in the complaint or summons, the landlord shall provide the clerk of the
court with an additional copy of the complaint and a prestamped envelope
addressed to the defendant at the premises involved in the proceeding.
The clerk of the court shall immediately mail the copy of the summons
and complaint by first-class mail, note the fact of mailing in the docket,
and file a certificate in the court file of the fact and date of mailing.
Service shall be effective on the date of posting or mailing, whichever
occurs later, and at least 5 days must elapse from the date of service
before a judgment for final removal of the defendant may be entered.
History.--s. 4, ch. 73-330; s. 1, ch. 75-34; s. 1, ch. 83-39; s.
2, ch. 84-339; s. 4, ch. 87-405; s. 1, ch. 88-379; s. 3, ch. 94-170; s.
2, ch. 98-410; s. 1, ch. 2003-263.
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48.19 Service on nonresidents operating aircraft
or watercraft in the state.--
The operation, navigation, or maintenance by a nonresident of an aircraft
or a boat, ship, barge, or other watercraft in the state, either in person
or through others, and the acceptance thereby by the nonresident of the
protection of the laws of this state for the aircraft or watercraft, or
the operation, navigation, or maintenance by a nonresident of an aircraft
or a boat, ship, barge, or other watercraft in the state, either in person
or through others, other than under the laws of the state, or any person
who is a resident of the state and who subsequently becomes a nonresident
or conceals his or her whereabouts, constitutes an appointment by the
nonresident of the Secretary of State as the agent of the nonresident
or concealed person on whom all process may be served in any action or
proceeding against the nonresident or concealed person growing out of
any accident or collision in which the nonresident or concealed person
may be involved while, either in person or through others, operating,
navigating, or maintaining an aircraft or a boat, ship, barge, or other
watercraft in the state. The acceptance by operation, navigation, or maintenance
in the state of the aircraft or watercraft is signification of the nonresident's
or concealed person's agreement that process against him or her so served
shall be of the same effect as if served on him or her personally.
History.--s. 1, ch. 59-148; s. 1, ch. 65-118; s. 4, ch. 67-254;
s. 2, ch. 70-90; s. 280, ch. 95-147.
Note.--Former s. 47.162.
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48.193 Acts subjecting person to jurisdiction
of courts of state.--
(1) Any person, whether or
not a citizen or resident of this state, who personally or through an
agent does any of the acts enumerated in this subsection thereby submits
himself or herself and, if he or she is a natural person, his or her personal
representative to the jurisdiction of the courts of this state for any
cause of action arising from the doing of any of the following acts:
(a) Operating, conducting,
engaging in, or carrying on a business or business venture in this state
or having an office or agency in this state.
(b) Committing a tortious
act within this state.
(c) Owning, using, possessing,
or holding a mortgage or other lien on any real property within this state.
(d) Contracting to insure
any person, property, or risk located within this state at the time of
contracting.
(e) With respect to a proceeding
for alimony, child support, or division of property in connection with
an action to dissolve a marriage or with respect to an independent action
for support of dependents, maintaining a matrimonial domicile in this
state at the time of the commencement of this action or, if the defendant
resided in this state preceding the commencement of the action, whether
cohabiting during that time or not. This paragraph does not change the
residency requirement for filing an action for dissolution of marriage.
(f) Causing injury to persons
or property within this state arising out of an act or omission by the
defendant outside this state, if, at or about the time of the injury,
either:
1. The defendant was engaged
in solicitation or service activities within this state; or
2. Products, materials, or
things processed, serviced, or manufactured by the defendant anywhere
were used or consumed within this state in the ordinary course of commerce,
trade, or use.
(g) Breaching a contract in
this state by failing to perform acts required by the contract to be performed
in this state.
(h) With respect to a proceeding
for paternity, engaging in the act of sexual intercourse within this state
with respect to which a child may have been conceived.
(2) A defendant who is engaged
in substantial and not isolated activity within this state, whether such
activity is wholly interstate, intrastate, or otherwise, is subject to
the jurisdiction of the courts of this state, whether or not the claim
arises from that activity.
(3) Service of process upon
any person who is subject to the jurisdiction of the courts of this state
as provided in this section may be made by personally serving the process
upon the defendant outside this state, as provided in s. 48.194. The service
shall have the same effect as if it had been personally served within
this state.
(4) If a defendant in his
or her pleadings demands affirmative relief on causes of action unrelated
to the transaction forming the basis of the plaintiff's claim, the defendant
shall thereafter in that action be subject to the jurisdiction of the
court for any cause of action, regardless of its basis, which the plaintiff
may by amendment assert against the defendant.
(5) Nothing contained in this
section limits or affects the right to serve any process in any other
manner now or hereinafter provided by law.
History.--s. 1, ch. 73-179; s. 3, ch. 84-2; s. 3, ch. 88-176; s.
3, ch. 93-250; s. 281, ch. 95-147.
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48.194 Personal service outside state.--
(1) Except as otherwise provided
herein, service of process on persons outside of this state shall be made
in the same manner as service within this state by any officer authorized
to serve process in the state where the person is served. No order of
court is required. An affidavit of the officer shall be filed, stating
the time, manner, and place of service. The court may consider the affidavit,
or any other competent evidence, in determining whether service has been
properly made. Service of process on persons outside the United States
may be required to conform to the provisions of the Hague Convention on
the Service Abroad of Judicial and Extrajudicial Documents in Civil or
Commercial Matters.
(2) Where in rem or quasi
in rem relief is sought in a foreclosure proceeding as defined by s. 702.09,
service of process on a person outside of this state where the address
of the person to be served is known 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 shall be
placed in the mail as registered mail.
(c) Service under this subsection
shall be considered 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:
(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 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.
(c) Service under this subsection
shall be considered obtained upon the mailing of 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.
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48.195 Service of foreign process.--
(1) The service of process
issued by a court of a state other than Florida may be made by the sheriffs
of this state in the same manner as service of process issued by Florida
courts. The provisions of this section shall not be interpreted to permit
a sheriff to take any action against personal property, real property,
or persons.
(2) An officer serving such
foreign process shall be deemed as acting in the performance of his or
her duties for the purposes of ss. 30.01, 30.02, 843.01, and 843.02, but
shall not be held liable as provided in s. 839.19 for failure to execute
any process delivered to him or her for service.
(3) The sheriffs shall be
entitled to charge fees for the service of foreign process, and the fees
shall be the same as fees for the service of comparable process for the
Florida courts. When the service of foreign process requires duties to
be performed in excess of those required by Florida courts, the sheriff
may perform the additional duties and may collect reasonable additional
compensation for the additional duties performed.
History.--s. 7, ch. 79-396; s. 36, ch. 81-259; s. 11, ch. 91-45;
s. 282, ch. 95-147.
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48.196 Service of process in connection with
actions under the Florida International Arbitration Act.--
(1) Any process in connection
with the commencement of an action before the courts of this state under
chapter 684, the Florida International Arbitration Act, shall be served:
(a) In the case of a natural
person, by service upon:
1. That person;
2. Any agent for service of
process appointed in, or pursuant to, any applicable agreement or by operation
of any law of this state; or
3. Any person authorized by
the law of the jurisdiction where process is being served to accept service
for that person.
(b) In the case of any person
other than a natural person, by service upon:
1. Any agent for service of
process appointed in, or pursuant to, any applicable agreement or by operation
of any law of this state;
2. Any person authorized by
the law of the jurisdiction where process is being served to accept service
for that person; or
3. Any person, whether natural
or otherwise and wherever located, who by operation of law or internal
action is an officer, business agent, director, general partner, or managing
agent or director of the person being served; or
4. Any partner, joint venturer,
member or controlling shareholder, wherever located, of the person being
served, if the person being served does not by law or internal action
have any officer, business agent, director, general partner, or managing
agent or director.
(2) The process served under
subsection (1) shall include a copy of the application to the court together
with all attachments thereto and shall be served in the following manner:
(a) In any manner agreed upon,
whether service occurs within or without this state;
(b) If service is within this
state:
1. In the manner provided
in ss. 48.021 and 48.031, or
2. If applicable under their
terms, in the manner provided in ss. 48.161, 48.183, 48.23, or chapter
49; or
(c) If service is outside
this state:
1. By personal service by
any person authorized to serve process in the jurisdiction where service
is being made or by any person appointed to do so by any competent court
in that jurisdiction;
2. In any other manner prescribed
by the laws of the jurisdiction where service is being made for service
in an action before a local court of competent jurisdiction;
3. In the manner provided
in any applicable treaty to which the United States is a party;
4. In the manner prescribed
by order of the court;
5. By any form of mail requiring
a signed receipt, to be addressed and dispatched by the clerk of the court
to the person being served; or
6. If applicable, in the manner
provided in chapter 49.
(3) No order of the court
is required for service of process outside this state. The person serving
process shall make proof of service to the court by affidavit or as prescribed
by the law of the jurisdiction where process is being served or as prescribed
in an order of the court. Such proof shall be made prior to expiration
of the time within which the person served must respond. If service is
by mail, the proof of service shall state the date and place of mailing
and shall include a receipt signed by the addressee or other evidence
of delivery satisfactory to the court.
History.--s. 2, ch. 86-266.
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48.20 Service of process on Sunday.--
Service or execution on Sunday of any writ, process, warrant, order, or
judgment is void and the person serving or executing, or causing it to
be served or executed, is liable to the party aggrieved for damages for
so doing as if he or she had done it without any process, writ, warrant,
order, or judgment. If affidavit is made by the person requesting service
or execution that he or she has good reason to believe that any person
liable to have any such writ, process, warrant, order, or judgment served
on him or her intends to escape from this state under protection of Sunday,
any officer furnished with an order authorizing service or execution by
the trial court judge may serve or execute such writ, process, warrant,
order, or judgment on Sunday, and it is as valid as if it had been done
on any other day.
History.--s. 44, Nov. 23, 1828; RS 1025; GS 1413; RGS 2611; CGL
4275; s. 4, ch. 67-254; s. 12, ch. 73-334; s. 283, ch. 95-147; s. 5, ch.
2004-11.
Note.--Former s. 47.46.
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48.21 Return of execution of process.--
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. A failure to state the
foregoing facts invalidates the service, but the return is amendable to
state the truth 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. A failure to state all the facts
in 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.
Note.--Former s. 47.47.
48.22 Cumulative to other laws.--
All provisions of this chapter are cumulative to other provisions of law
or rules of court about service of process, and all other provisions about
service of process are cumulative to this chapter.
History.--s. 9, ch. 11829, 1927; CGL 4265; s. 7, ch. 22858, 1945;
s. 4, ch. 67-254.
Note.--Former ss. 47.33, 47.44.
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48.23 Lis pendens.--
(1)(a) No action in any of
the state or federal courts in this state operates as a lis pendens on
any real or personal property involved therein or to be affected thereby
until a notice of the commencement of the action is recorded in the office
of the clerk of the circuit court of the county where the property is,
which notice contains the names of the parties, the time of institution
of the action, the name of the court in which it is pending, a description
of the property involved or to be affected, and a statement of the relief
sought as to the property.
(b) Except for the interest
of persons in possession or easements of use, the filing for record of
such notice of lis pendens shall constitute a bar to the enforcement against
the property described in said notice of lis pendens of all interests
and liens including but not limited to federal tax liens and levies, unrecorded
at the time of filing for record such notice of lis pendens unless the
holder of any such unrecorded interest or lien shall intervene in such
proceedings within 20 days after the filing and recording of said notice
of lis pendens. If the holder of any such unrecorded interest or lien
does not intervene in the proceedings and if such proceedings are prosecuted
to a judicial sale of the property described in said notice of lis pendens,
the property shall be forever discharged from all such unrecorded interests
and liens. In the event said notice of lis pendens is discharged by order
of the court, the same shall not in any way affect the validity of any
unrecorded interest or lien.
(2) No notice of lis pendens
is effectual for any purpose beyond 1 year from the commencement of the
action unless the relief sought is disclosed by the initial pleading to
be founded on a duly recorded instrument or on a lien claimed under part
I of chapter 713 against the property involved, except when the court
extends the time on reasonable notice and for good cause. The court may
impose such terms for the extension of time as justice requires.
(3) When the initial pleading
does not show that the action is founded on a duly recorded instrument
or on a lien claimed under part I of chapter 713, the court may control
and discharge the notice of lis pendens as the court may grant and dissolve
injunctions.
(4) This section applies to
all actions now or hereafter pending in any state or federal courts in
this state, but the period of time above-mentioned does not include the
period of pendency of any action in an appellate court.
History.--RS 1220; GS 1649; RGS 2853; ss. 1-3, ch. 12081, 1927;
CGL 4550; s. 1, ch. 24336, 1947; s. 4, ch. 67-254; s. 1, ch. 67-567; s.
1, ch. 85-308; s. 19, ch. 90-109; s. 5, ch. 93-250.
Note.--Former s. 47.49.
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48.25 Short title.--
Sections 48.25-48.31 may be cited as the "Florida Certified Process
Server Act."
History.--s. 2, ch. 88-135.
48.27 Certified process servers.--
(1) The chief judge of each
judicial circuit may establish an approved list of natural persons designated
as certified process servers. The chief judge may periodically add to
such list the names of those natural persons who have met the requirements
for certification provided for in s. 48.29. Each person whose name has
been added to the approved list is subject to annual recertification and
reappointment by the chief judge of a judicial circuit. The chief judge
shall prescribe appropriate forms for application for inclusion on the
list of certified process servers. A reasonable fee for the processing
of any such application must be charged.
(2) The addition of a person's
name to the list authorizes him or her to serve initial nonenforceable
civil process on a person found within the circuit where the process server
is certified when a civil action has been filed against such person in
the circuit court or in a county court in the state. Upon filing an action
in circuit or county court, a person may select from the list for the
circuit where the process is to be served one or more certified process
servers to serve initial nonenforceable civil process.
(3) Nothing herein shall be
interpreted to exclude a sheriff or deputy or other person appointed by
the sheriff pursuant to s. 48.021 from serving process or to exclude a
person from appointment by individual motion and order to serve process
in any civil action in accordance with Rule 1.070(b) of the Florida Rules
of Civil Procedure.
History.--s. 3, ch. 88-135; s. 5, ch. 97-96; s. 3, ch. 98-410.
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48.29 Certification of process servers.--
(1) The circuit court administrator
and the clerk of the court in each county in the circuit shall maintain
the list of process servers approved by the chief judge of the circuit.
Such list may, from time to time, be amended or modified to add or delete
a person's name in accordance with the provisions of this section or s.
48.31.
(2) A person seeking the addition
of his or her name to the approved list in any circuit shall submit an
application to the chief judge of the circuit or to the chief judge's
designee on a form prescribed by the court. A reasonable fee for processing
the application may be charged.
(3) A person applying to become
a certified process server shall:
(a) Be at least 18 years of
age;
(b) Have no mental or legal
disability;
(c) Be a permanent resident
of the state;
(d) Submit to a background
investigation, which shall include the right to obtain and review the
criminal record of the applicant;
(e) Obtain and file with his
or her application a certificate of good conduct, which specifies there
is no pending criminal case against the applicant and that there is no
record of any felony conviction, nor a record of a conviction of a misdemeanor
involving moral turpitude or dishonesty, with respect to the applicant
within the past 5 years;
(f) If prescribed by the chief
judge of the circuit, submit to an examination testing his or her knowledge
of the laws and rules regarding the service of process. The content of
the examination and the passing grade thereon, and the frequency and location
at which such examination shall be offered shall be prescribed by the
chief judge of the circuit. The examination, if any, shall be offered
at least once annually;
(g) Execute a bond in the
amount of $5,000 with a surety company authorized to do business in this
state for the benefit of any person wrongfully injured by any malfeasance,
misfeasance, neglect of duty, or incompetence of the applicant, in connection
with his or her duties as a process server. Such bond shall be renewable
annually; and
(h) Take an oath of office
that he or she will honestly, diligently, and faithfully exercise the
duties of a certified process server.
(4) The chief judge of the
circuit may, from time to time by administrative order, prescribe additional
rules and requirements regarding the eligibility of a person to become
a certified process server or to have his or her name maintained on the
list of certified process servers.
(5)(a) An applicant who completes
the requirements set forth in this section and whose name the chief judge
by order enters on the list of certified process servers shall be designated
as a certified process server.
(b) Each certified process
server shall be issued an identification card bearing his or her identification
number, printed name, signature and photograph, the seal of the circuit
court, and an expiration date. Each identification card shall be renewable
annually upon proof of good standing and current bond.
(6) A certified process server shall
place the information provided in s. 48.031(5) on the copy served. Return
of service shall be made by a certified process server on a form which
has been reviewed and approved by the court.
(7)(a) A person may qualify
as a certified process server and have his or her name entered on the
list in more than one circuit.
(b) A process server whose
name is on a list of certified process servers in more than one circuit
may serve process on a person found in any such circuits.
(c) A certified process server
may serve foreign process in any circuit in which his or her name has
been entered on the list of certified process servers for that circuit.
(8) A certified process server
may charge a fee for his or her services.
History.--s. 4, ch. 88-135; s. 284, ch. 95-147; s. 4, ch. 2004-273.
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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.
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