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Florida Statute 48.171 | Lawyer Caselaw & Research
F.S. 48.171 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 48
PROCESS AND SERVICE OF PROCESS
View Entire Chapter
F.S. 48.171
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.

F.S. 48.171 on Google Scholar

F.S. 48.171 on Casetext

Amendments to 48.171


Arrestable Offenses / Crimes under Fla. Stat. 48.171
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.171.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MOSS, v. ESTATE OF HUDSON, BY AND THROUGH HUDSON,, 252 So. 3d 785 (Fla. App. Ct. 2018)

. . . Concluding that substituted service of process under section 48.171, Florida Statutes (2015), was not . . . the initial complaint, Hudson attempted to obtain substituted service of process pursuant to section 48.171 . . . reason of any accident or collision occurring within the state in which the motor vehicle is involved. § 48.171 . . . service of process, asserting that Hudson had not strictly complied with the requirements of section 48.171 . . . explained the two requirements that a plaintiff must meet when using substituted service under section 48.171 . . .

MITSCHKE- COLLANDE, v. SKIPWORTH PROPERTIES LIMITED,, 201 So. 3d 660 (Fla. Dist. Ct. App. 2016)

. . . to amend his complaint so he could effectuate service on the Secretary of State pursuant to section 48.171 . . .

GREEN, v. LINGLE,, 166 So. 3d 221 (Fla. Dist. Ct. App. 2015)

. . . Stat. or § 48.171, Fla. . . .

A. ALVARADO- FERNANDEZ, v. MAZOFF,, 151 So. 3d 8 (Fla. Dist. Ct. App. 2014)

. . . The method for effecting substitute process on parties is outlined in sections 48.161, 48.171 and 48.181 . . . Under Section 48.171, the Secretary of State is the designated agent for a nonresident defendant who . . . While sections 48.161 and 48.171 create an exception to the general rule that the defendant must be personally . . . appear from a consideration of the entire record to justify the applicability of sections 48.161 and 48.171 . . .

FERNANDEZ v. COHN,, 54 So. 3d 1040 (Fla. Dist. Ct. App. 2011)

. . . amend his complaint so that he could effectuate service on the Secretary of State pursuant to section 48.171 . . . reason of any accident or collision occurring within the state in which the motor vehicle is involved. § 48.171 . . .

HERNANDEZ, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, RFB, 32 So. 3d 695 (Fla. Dist. Ct. App. 2010)

. . . and avoiding service of process and is being served within the scope of Florida Statutes 48.161 and 48.171 . . . On March 18, 2009, State Farm filed an Affidavit in Support of Service under section 48.171, Florida . . . Hernandez and that its complaint alleged sufficient grounds in support of service under sections 48.161 and 48.171 . . . When using substituted service under section 48.171, a plaintiff must meet two requirements. . . . concealing his whereabouts and avoiding service, thus supporting service pursuant to sections 48.161 or 48.171 . . .

J. ALVARADO v. CISNEROS, 919 So. 2d 585 (Fla. Dist. Ct. App. 2006)

. . . The plaintiff further contends that her Affidavit of Compliance with sections 48.171 and 48.161 and her . . . The applicable statute in the instant case, section 48.171, designates the Secretary of State as the . . . See § 48.171, Florida Statutes (2001); Great Am. Ins. Co., 652 So.2d at 383. . . . Section 48.171 states, in relevant part: Any nonresident of this state, ... or any resident of this state . . . or her agent for the service of process in any civil action begun in the courts of the state.... § 48.171 . . .

DUBOIS d b a v. BUTLER, a BUTLER, BTM, 901 So. 2d 1029 (Fla. Dist. Ct. App. 2005)

. . . To serve Dubois, the plaintiffs used the substituted service procedures of section 48.171, Florida Statutes . . .

J. GARDINA J. v. E. ARONOWITZ,, 899 So. 2d 1248 (Fla. Dist. Ct. App. 2005)

. . . See § 48.171, Fla. . . .

MONACO a k a v. NEALON,, 810 So. 2d 1084 (Fla. Dist. Ct. App. 2002)

. . . Appellee, Florence Nealon, attempted to serve Monaco and Interstate pursuant to section 48.171, Florida . . . In a lawsuit arising out of a motor vehicle accident in Florida, section 48.171 authorizes substituted . . . When using substituted service under section 48.171, a plaintiff such as Nealon must meet two requirements . . . Under section 48.161, the plaintiff must serve the secretary of state designated in section 48.171 and . . . We also note that Nealon’s complaint fails to plead the statutory basis for invoking section 48.171 with . . .

JENNINGS v. MONTENEGRO, 792 So. 2d 1258 (Fla. Dist. Ct. App. 2001)

. . . Section 48.171, Florida Statutes likewise provides, in part, Any nonresident of this state, being the . . . reason of any accident or collision occurring within the state in which the motor vehicle is involved. § 48.171 . . . Nothing stopped the Montenegros from complying with sections 48.161 and 48.171 at any point. . . .

C. GOWER v. G. HEMMERLE,, 779 So. 2d 657 (Fla. Dist. Ct. App. 2001)

. . . Substituted service on the Secretary was made pursuant to sections 48.161 and 48.171, Florida Statutes . . . because by affidavit he made a showing that he was not amenable to service under sections 48.161 and 48.171 . . .

TIRE GROUP INTERNATIONAL, INC. v. CONFIANCA MUDANCAS TRANSPORTES,, 776 So. 2d 1057 (Fla. Dist. Ct. App. 2001)

. . . 5th DCA 1996) (“A plaintiff may not use substituted service of process allowed by sections 48.161 and 48.171 . . .

CHAPMAN, v. F. SHEFFIELD M., 750 So. 2d 140 (Fla. Dist. Ct. App. 2000)

. . . Section 48.171, the applicable statute in this case, designates the Secretary of State as the agent for . . . Sections 48.161 and 48.171 create an exception to the general rule that the defendant must be personally . . . Instead, they elected to make substituted service under section 48.171 on the sole ground that Chapman . . .

PEZNELL, v. DOOLAN, 722 So. 2d 881 (Fla. Dist. Ct. App. 1998)

. . . jurisdiction over Peznell and Lumpkin under the provisions of the Florida Long Arm Statute, section 48.171 . . .

LINN J. v. KIDD,, 714 So. 2d 1185 (Fla. Dist. Ct. App. 1998)

. . . next sought to serve the Linns by using substituted service of process pursuant to sections 48.161 and 48.171 . . . Section 48.171 provides, in part: Service on nonresident motor vehicle owners, etc. — Any nonresident . . .

CROSS, v. KALINA,, 681 So. 2d 855 (Fla. Dist. Ct. App. 1996)

. . . . §§ 48.161, 48.171 Fla. Stat. (1995). . . . A plaintiff may not use substituted service of process allowed by sections 48.161 and 48.171 unless it . . .

KENRICK, Jr. v. COLEMAN,, 679 So. 2d 865 (Fla. Dist. Ct. App. 1996)

. . . nonresident motor vehicle operator, on the Florida Secretary of State pursuant to sections 48.161 and 48.171 . . .

GREAT AMERICAN INSURANCE COMPANY, v. BEVIS RODRIGUEZ, v. BEVIS, 652 So. 2d 382 (Fla. Dist. Ct. App. 1995)

. . . failing to locate Rodriguez, appellees attempted substituted service of process pursuant to section 48.171 . . . Florida who subsequently became a nonresident, or a resident of Florida concealing his whereabouts. § 48.171 . . . The complaint in this case does not allege either of the three requirements under section 48.171. . . . diligent search was made to find a defendant until one properly alleges the requisite items in section 48.171 . . . Section 48.171, Florida Statutes (1987), does not require that the basis for service of process on a . . . when the plaintiffs attorney discovered that the defendant would need to be served pursuant to section 48.171 . . . Rodriguez by substitute service on the secretary of state under section 48.171. . . .

NORTHEAST TRANSPORTATION, LTD. v. Z. LAVENDER,, 643 So. 2d 1193 (Fla. Dist. Ct. App. 1994)

. . . Notice that section 48.171, Florida Statutes (1993), appears to authorize service of process on a nonresident . . .

PALEIAS, a k a v. WANG,, 632 So. 2d 1132 (Fla. Dist. Ct. App. 1994)

. . . The supreme court, in construing the predecessor statute to section 48.171, stated that a substituted . . . becomes the defendant’s agent for substituted service under the current version of the statute, section 48.171 . . . As a nonresident owner, the defendant was subject to substituted service under section 48.171 if his . . .

CORNELL, v. CYRIAQUE,, 592 So. 2d 1172 (Fla. Dist. Ct. App. 1992)

. . . Appellee sued appellant and attempted service of process via section 48.171, Florida Statutes (1990). . . . She also alleges that she has complied with the requirements of section 48.171, Florida Statutes, thus . . . The parties have joined issue over whether this record supports jurisdiction pursuant to section 48.171 . . . Section 48.171, Florida Statutes (1989). . . . For purposes of this case we would paraphrase section 48.171 to read: Any nonresident of this state, . . .

HANNA, v. MILLBYER,, 570 So. 2d 1087 (Fla. Dist. Ct. App. 1990)

. . . . § 48.171, Fla.Stat. (1989). . . .

WIGGAM, v. BAMFORD, 562 So. 2d 389 (Fla. Dist. Ct. App. 1990)

. . . The trial court determined that appellees had complied with the requirements- of sections 48.161 and 48.171 . . .

LOGAN, v. MORA,, 555 So. 2d 1267 (Fla. Dist. Ct. App. 1989)

. . . and adding that the substituted service was defective for failure to comply with sections 48.161 and 48.171 . . . Pursuant to section 48.171, Florida Statutes (1987), the Secretary of State is the agent for service . . .

PERMENTER, v. FEURTADO, 541 So. 2d 1331 (Fla. Dist. Ct. App. 1989)

. . . of plaintiffs’ counsel in perfecting substituted service of process pursuant to sections 48.161 and 48.171 . . .

PLAIN, a By L. PLAIN L. v. J. M. CROSSON, 532 So. 2d 69 (Fla. Dist. Ct. App. 1988)

. . . The issue here is whether jurisdiction over the non-resident defendants exists, pursuant to Section 48.171 . . .

PLUMMER, v. V. HOOVER,, 519 So. 2d 1158 (Fla. Dist. Ct. App. 1988)

. . . there is nothing in the complaint that will substantiate out of state service of process under section 48.171 . . . Plaintiff asserts, however, that service of process was not made under section 48.171, but under the . . .

KAUFMAN v. METRO LIMO FUND, INC. a, 503 So. 2d 967 (Fla. Dist. Ct. App. 1987)

. . . Karen Moyer Singh and sought to serve her by substituted service of process under Sections 48.161, 48.171 . . . substituted service of process on Karen Moyer Singh was properly effected below under Sections 48.161, 48.171 . . .

LOPEZ I. v. B. SLY,, 499 So. 2d 71 (Fla. Dist. Ct. App. 1986)

. . . trigger the operation of the “substituted service on non-resident motor vehicle owner” statute, Section 48.171 . . .

TORELLI, a k a v. TRAVELERS INDEMNITY CO., 495 So. 2d 837 (Fla. Dist. Ct. App. 1986)

. . . trigger the operation of the “substituted service on non-resident motor vehicle owner” statute, Section 48.171 . . .

J. KNABB v. MORRIS, a k a, 492 So. 2d 839 (Fla. Dist. Ct. App. 1986)

. . . Morris then attempted to achieve substitute service of process on Knabb via section 48.171, Florida Statutes . . . The first affidavit was from her attorney, showing that he had complied with section 48.171 requirements . . . Section 48.171, Florida Statutes, provides as follows: Service on nonresident motor vehicle owners, etc . . .

RIVERA, v. DADE COUNTY d b a M. T. A., 485 So. 2d 17 (Fla. Dist. Ct. App. 1986)

. . . over a defendant who had been served through the Secretary of State, pursuant to sections 48.161 and 48.171 . . .

FERGUSON, v. McWILLIAMS, Jr., 483 So. 2d 509 (Fla. Dist. Ct. App. 1986)

. . . Thus, plaintiff sought to utilize sections 48.161 and 48.171, Florida Statutes (1985), which, in specified . . .

M. VALLE B. Jr. v. J. MADOR a, 478 So. 2d 416 (Fla. Dist. Ct. App. 1985)

. . . sued Ma-dor for negligence in December, 1984, serving him with process pursuant to sections 48.161, 48.171 . . .

JOURNELL, v. VITANZO,, 472 So. 2d 827 (Fla. Dist. Ct. App. 1985)

. . . . § 48.171, Fla.Stat. (1982); Turcotte v. Graves, 374 So.2d 641 (Fla. 4th DCA 1979); Drake v. . . .

C. MOUZON, Jr. v. L. MOUZON,, 458 So. 2d 381 (Fla. Dist. Ct. App. 1984)

. . . See, e.g., §§ 48.171, 48.181, 48.19, 61.-1308-1312, Fla.Stat. . . . .

U- HAUL COMPANY, v. LIBERTY MUTUAL INSURANCE COMPANY, 445 So. 2d 1082 (Fla. Dist. Ct. App. 1984)

. . . First, U-Haul says that a trailer is not a “motor vehicle” with the consequence that Section 48.171, . . .

W. SANDERS, Jr. v. G. LUDWIG,, 442 So. 2d 314 (Fla. Dist. Ct. App. 1983)

. . . service of process and a proper predicate was laid in the second amended complaint for service under § 48.171 . . . Section 48.171 provides in part as follows: Any nonresident of this state, being the operator or owner . . . corporate owner of the tractor-trailer is subject to jurisdiction and service under the provisions of § 48.171 . . . who is only a corporate officer of the nonresident corporate owner is not subject to service under § 48.171 . . . trial court in its order denying Sanders’s motion to quash also relied on § 48.-193 in addition to § 48.171 . . .

M. GAMBRELL, v. TURNER a, 408 So. 2d 654 (Fla. Dist. Ct. App. 1981)

. . . leave to amend under Florida Rule of Civil Procedure 1.190(a) and substituted service under Sections 48.171 . . .

L. BARRIAT Co. v. F. SALAHUD- DIN, 389 So. 2d 1216 (Fla. Dist. Ct. App. 1980)

. . . which would authorize substituted service of process upon the Secretary of State pursuant to Section 48.171 . . .

WHITE v. F. NICHOLSON P. N., 386 So. 2d 74 (Fla. Dist. Ct. App. 1980)

. . . They purported to serve appellant, James White, by substituted service of process pursuant to Section 48.171 . . .

BENITEZ, d b a v. INSURANCE COMPANY OF NORTH AMERICA,, 385 So. 2d 128 (Fla. Dist. Ct. App. 1980)

. . . defendant Angel Benitez as the substituted service of process attempted herein under Section 48.161 and 48.171 . . .

FERRANTE, v. E. WATERS, 383 So. 2d 749 (Fla. Dist. Ct. App. 1980)

. . . Service of process was effected upon Fer-rante, a New York resident, in accord with Sections 48.161 and 48.171 . . .

YOUNG, v. YOUNG,, 382 So. 2d 355 (Fla. Dist. Ct. App. 1980)

. . . Appellant’s personal injury complaint for insufficiency of service of process under sections 48.161 and 48.171 . . .

ROBINSON Co. v. CORNELIUS,, 377 So. 2d 776 (Fla. Dist. Ct. App. 1979)

. . . attempted to perfect service on the individual appellant pursuant to the provisions of Sections 48.161 and 48.171 . . .

TURCOTTE v. K. GRAVES,, 374 So. 2d 641 (Fla. Dist. Ct. App. 1979)

. . . Counsel presumably meant to attempt to effectuate constructive service under Section 48.171, Florida . . .

GOVERNMENT EMPLOYEES INSURANCE COMPANY, v. MENDEZ,, 372 So. 2d 544 (Fla. Dist. Ct. App. 1979)

. . . Burton who was served by substituted service through the Florida Secretary of State pursuant to Section 48.171 . . . Garcia, 354 So.2d 964 (Fla. 3d DCA 1978); and § 48.171, Fla.Stat. (1977). . . .

W. LANDERS v. L. MILTON,, 370 So. 2d 368 (Fla. 1979)

. . . concealed his whereabouts, he would have been amenable to substituted service of process under section 48.171 . . . J., and ADKINS, BOYD and OVERTON, JJ., concur. . 48.171 Service on nonresident motor vehicle owners, . . .

F. LEVITEN v. R. GAUNT,, 360 So. 2d 112 (Fla. Dist. Ct. App. 1978)

. . . They contend that plaintiff-appellee has failed to adhere to the requirements of Sections 48.161 and 48.171 . . .

BEJAR v. GARCIA,, 354 So. 2d 964 (Fla. Dist. Ct. App. 1978)

. . . on appeal that the purported service upon him as a non-resident was defective under Sections 48.161, 48.171 . . .

O. DRAKE a v. SCHARLAU, 353 So. 2d 961 (Fla. Dist. Ct. App. 1978)

. . . then attempted substituted service of process on Drake by serving the Secretary of State under Section 48.171 . . . See Section 48.171, Florida Statutes (1975). . . .

L. MILTON, v. W. LANDERS, 371 So. 2d 673 (Fla. Dist. Ct. App. 1977)

. . . since the accident, then he would have been subject to substituted serT vice of process under Section 48.171 . . .

L. MILTON, v. W. LANDERS, 349 So. 2d 722 (Fla. Dist. Ct. App. 1977)

. . . since the accident, then he would have been subject to substituted service of process under Section 48.171 . . .

YAKELWICZ, v. L. C. BARNES, 330 So. 2d 810 (Fla. Dist. Ct. App. 1976)

. . . C. and Randall Barnes were served by con- . structive service (§§ 48.151, 48.161, 48.171, Fla.Stat.) . . .

WILSON, v. KANTER,, 328 So. 2d 458 (Fla. Dist. Ct. App. 1976)

. . . In this case Florida Statute 48.171 “Service on nonresident motor vehicle owners, etc.” is applicable . . .

MOLINE, v. KRUKOWSKI, a By, 329 So. 2d 22 (Fla. Dist. Ct. App. 1976)

. . . alleging that defendant had become a non-resident, served the Secretary of State pursuant to §§ 48.161, 48.171 . . . Defendant first contends that he could not be served for the assault count under § 48.171, Fla.Stat., . . . We' find this point well taken. § 48.171, Fla.Stat. relied upon by the plaintiffs to obtain service of . . . process reads as follows: “48.171 Service on nonresident motor vehicle owners, etc. . . . [Emphasis Supplied] Statutes like § 48.171, providing for substituted service, must be construed strictly . . .

B. RISMAN v. S. WHITTAKER, 326 So. 2d 213 (Fla. Dist. Ct. App. 1976)

. . . . §§ 48.181, 48.19, 48.171 (1973) and their predecessor statutes. . . .

ROBB, J. a v. PICARELLI, a, 319 So. 2d 645 (Fla. Dist. Ct. App. 1975)

. . . Plaintiffs utilized §§ 48.161, 48.171, Fla.Stat., F.S.A. in order to effect service of process upon the . . . One seeking to effect service under §§ 48.161 and 48.171, Fla.Stat. has the burden of presenting facts . . . Counsel for plaintiffs also filed an affidavit of compliance with §§ 48.161, 48.171, Fla.Stat. . . .

HOWARD NIGGLES PONTIAC- BUICK, INC. v. L. BROOKS, Jr., 285 So. 2d 38 (Fla. Dist. Ct. App. 1973)

. . . lessee of the vehicle, rather than the owner thereof, it was not subject to substituted service under § 48.171 . . .

ATLAS VAN LINES, INC. a v. ROSSMOORE,, 271 So. 2d 31 (Fla. Dist. Ct. App. 1972)

. . . place, § 48.181 merely authorises substituted service on nonresidents in certain situations (as does §§ 48.171 . . .

MARYLAND CASUALTY COMPANY, a v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, a, 264 So. 2d 842 (Fla. Dist. Ct. App. 1972)

. . . of process as either a user of the public highways of Florida, so as to come within the purview of § 48.171 . . . public highways of this State was subject to service of process within the intent of Florida Statutes 48.171 . . . reported Florida cases holding that a non-resident pedestrian is subject to service of process under § 48.171 . . . Even though the deceased was a pedestrian, we think the “long-arm” statute, § 48.171, is applicable to . . . as actions “ex delicto”, arising from an automobile accident come within the purview of Fla.Stats. § 48.171 . . . Tyd-ings, as individuals, was void as not coming within the provisions of Florida Statutes, § 48.161, § 48.171 . . .

JONES v. DENMARK A. A., 259 So. 2d 198 (Fla. Dist. Ct. App. 1972)

. . . action substituted service was attempted upon the said nonresident defendants, as authorized under §§ 48.171 . . .

HOOVER, a v. E. GATES, a, 229 So. 2d 909 (Fla. Dist. Ct. App. 1969)

. . . Process was served upon LeBlance, a nonresident of Florida, pursuant to the provisions of § 48.171, Fla.Stat . . . It appears that he should be amenable to process under § 48.171, Fla.Stat, F.S.A., for injury occasioned . . .

PENN, v. ASHLEY, III, a M. M., 226 So. 2d 351 (Fla. Dist. Ct. App. 1969)

. . . . §§ 48.161, 48.171 et seq., F.S.A. . F.S. § 48.171, F.S.A. . Howland v. . . .

MARION COUNTY HOSPITAL DISTRICT, v. NAMER,, 225 So. 2d 442 (Fla. Dist. Ct. App. 1969)

. . . The statute just referred to (Section 48.171, Florida Statutes, F.S.A.) provides as follows: “Service . . . contracta actions, as well as ex delicto actions, are covered by substituted service statutes like Section 48.171 . . . speculate (and we are not) as to the real intent of the members of the Florida Legislature in enacting Sec. 48.171 . . . Reverting, then, to the exact language of the statute (Sec. 48.171, quoted early in this opinion) used . . . Our construction of Sec. 48.171, as set forth above, is not in any sense provincial as aiding Florida . . .

GREEN, v. NASHNER,, 216 So. 2d 492 (Fla. Dist. Ct. App. 1968)

. . . The service of process was attempted pursuant to § 48.161, Fla.Stat., F.S.A. under authority of § 48.171 . . . exhibits are sufficient to demonstrate that the appellant was served with process in accordance with §§ 48.171 . . .