The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

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F.S. 48.021

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 nonenforceable civil process, criminal witness subpoenas, and criminal summonses may be served by a special process server appointed by the sheriff as provided in this section or by a certified process server as provided in s. 48.27. Civil witness subpoenas shall be served by any person authorized by rules of civil 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.

(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.

(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.

(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; s. 2, ch. 2009-215; s. 3, ch. 2019-67.

Note.—Former s. 47.12.

F.S. 48.021 on Google Scholar

F.S. 48.021 on Casetext

Amendments to 48.021

Arrestable Offenses / Crimes under Fla. Stat. 48.021

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

S48.021 4 - FRAUD - PROCESS SERVER EXECUTE FALSE RETURN OF SERVICE - F: T

S48.021 4 - PUBLIC ORDER CRIMES - PROCESS SERVER OTHERWISE VIOL OATH OF OFFICE - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

COFFIN, v. BRANDAU, f. k. a., 642 F.3d 999 (11th Cir. 2011)

. . . . § 48.021 (outlining the general guidelines for who may serve process). . . .

E. VIDAL, v. SUNTRUST BANK,, 41 So. 3d 401 (Fla. Dist. Ct. App. 2010)

. . . For instance, section 48.021 provides who may serve process. . . .

KLEIN- BROWN, v. BROWN,, 984 So. 2d 669 (Fla. Dist. Ct. App. 2008)

. . . Klein-Brown with process in accordance with Sections 48.021(1), and 48.031, Florida Statutes (2007). . . .

B. OJELADE, v. COLEMAN, LMHC s, 258 F. App'x 257 (11th Cir. 2007)

. . . . § 48.021; See Space Coast Credit Union v. . . .

SIMS, v. MEREDITH M., 967 So. 2d 393 (Fla. Dist. Ct. App. 2007)

. . . Section 48.021, Florida Statutes (2003) and (2005), provides all process will be served by a sheriff . . .

CANNELLA v. AUTO- OWNERS INSURANCE COMPANY,, 801 So. 2d 94 (Fla. 2001)

. . . defective because the process server was not qualified under the former version of section 48.27 or section 48.021 . . .

J. DECKER S. v. A. KAPLUS,, 763 So. 2d 1229 (Fla. Dist. Ct. App. 2000)

. . . lacked the credentials of a “special process server” in Lake County pursuant to Florida Statutes section 48.021 . . . defective because the process server was not qualified under the former version of section 48.27 or section 48.021 . . .

H. CHESHIRE, v. BIRENBAUM,, 688 So. 2d 430 (Fla. Dist. Ct. App. 1997)

. . . Section 48.021(3), Florida Statutes (1995), provides that “[a] special process server appointed in accordance . . .

SUTOR, v. COCHRAN,, 687 So. 2d 897 (Fla. Dist. Ct. App. 1997)

. . . See §§ 48.021, 48.27. . . . See § 48.021(2) (1989). . . . Compare § 48.021 with §§ 48.25-48.31. . . . See § 48.021(2)(a), § 48.29(1). . . . .” § 48.021(2)(a). Subsection 48.021(2)(b) establishes the minimum requirements of eligibility. . . .

LENNAR HOMES, INC. a v. GABB CONSTRUCTION SERVICES, INC., 654 So. 2d 649 (Fla. Dist. Ct. App. 1995)

. . . See § 48.021(1) — (2)(a), Fla.Stat. (1993). . . .

ORBE, v. ORBE,, 651 So. 2d 1295 (Fla. Dist. Ct. App. 1995)

. . . been obtained over her and service was defective because it failed to comply with sections 48.031 and 48.021 . . .

ABBATE, v. PROVIDENT NATIONAL BANK, a, 631 So. 2d 312 (Fla. Dist. Ct. App. 1994)

. . . Section 48.021(1), Florida Statutes, establishes three categories of persons by whom process may be served . . . interpreted to exclude a sheriff or deputy or other person appointed by the sheriff pursuant to s. 48.021 . . . The plaintiff asserts that since under section 48.021 process can be served by the sheriff of the county . . .

SPACE COAST CREDIT UNION, v. THE FIRST, F. A., 467 So. 2d 737 (Fla. Dist. Ct. App. 1985)

. . . Section 48.021, Florida Statutes (1983), states that all process shall be served by the sheriff of the . . . on appeal does not indicate that process was served in compliance with the requirements of section 48.021 . . .

BRADLEY FIDUCIARY CORPORATION v. CITIZENS AND SOUTHERN INTERNATIONAL BANK,, 431 So. 2d 196 (Fla. Dist. Ct. App. 1983)

. . . To the extent that Section 48.021(2), Florida Statutes (1981), may conflict with Florida Rule of Civil . . . Section 48.021 provides in part: (2) The sheriff of each county shall appoint as many process servers . . . I agree that if Section 48.021(2), Florida Statutes (1981), is read as prescribing the exclusive means . . .

KIRKLAND v. KIRKLAND, 49 Fla. Supp. 31 (Fla. Cir. Ct. 1978)

. . . service of process by an officer authorized by law to serve process in this type of action (see Section 48.021 . . .

STOLL, 309 So. 2d 190 (Fla. Dist. Ct. App. 1975)

. . . Sheriff, and his duly qualified deputies, are the only persons qualified to serve process, citing F.S. 48.021 . . .

V. WARREN v. J. CAPUANO,, 282 So. 2d 873 (Fla. 1973)

. . . .-09, Section 48.021, and Chapter 942, F.S.A., to this case. . . .

V. WARREN, v. J. CAPUANO,, 269 So. 2d 380 (Fla. Dist. Ct. App. 1972)

. . . In considering the provisions of Florida Statute § 48.021, F.S.A., the appellee may be reimbursed the . . .

MIAMI NATIONAL BANK v. REALTY EQUITIES CORPORATION OF NEW YORK, 35 Fla. Supp. 178 (Dade Cty. Cir. Ct. 1971)

. . . process was, of course, in accordance with the general principle pertaining to service now contained in §48.021 . . .