Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 48.21 | Lawyer Caselaw & Research
F.S. 48.21 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 48.21

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. 48.21
48.21 Return of execution of process.
(1) Each person who effects service of process shall note on a return-of-service form attached thereto the date and time when it comes to hand, the date and time when it is served, the manner of service, the name of the person on whom it was served, and, if the person is served in a representative capacity, the position occupied by the person. The return-of-service form must list all pleadings and documents served and be signed by the person who effects the service of process. However, a person who is authorized under this chapter to serve process and who effects such service of process may sign the return-of-service form using an electronic signature.
(2) A failure to state the facts or to include the signature required by subsection (1) invalidates the service, but the return is amendable to state the facts or to include the signature at any time on application to the court from which the process issued. On amendment, service is as effective as if the return had originally stated the omitted facts or included the signature. A failure to state all the facts in or to include the signature on the return shall subject the person effecting service to a fine not exceeding $10, in the court’s discretion.
History.s. 18, Nov. 23, 1828; RS 1026; GS 1414; RGS 2612; CGL 4276; s. 4, ch. 67-254; s. 4, ch. 94-170; s. 1356, ch. 95-147; s. 3, ch. 2004-273; s. 5, ch. 2011-159; s. 7, ch. 2019-67.
Note.Former s. 47.47.

F.S. 48.21 on Google Scholar

F.S. 48.21 on Casetext

Amendments to 48.21


Arrestable Offenses / Crimes under Fla. Stat. 48.21
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.21.



Annotations, Discussions, Cases:

Cases from cite.case.law:

AERO RUBBER COMPANY, INC. v. UNITED STATES,, 389 F. Supp. 3d 1296 (Ct. Int'l Trade 2019)

. . . describing Chapter 49's exclusions, stating that On the other hand, besides the goods of heading 48.14 or 48.21 . . .

SADLAK, v. NATIONSTAR MORTGAGE, LLC,, 252 So. 3d 302 (Fla. App. Ct. 2018)

. . . statute - in this case, section 48.031 - and the "Return of execution of process" statute (section 48.21 . . . the return to see if it contained all of the information required by the applicable statute: Section 48.21 . . . Id. § 48.21(1). The return of service, here, meets these requirements. . . . While sections 48.031(1)(a) and 48.21(1) do not require that the return of service list the title of . . . Finally, even though sections 48.031(1)(a) and 48.21(1) do not require that the return list the exact . . .

MURPHY, v. CACH, LLC,, 230 So. 3d 599 (Fla. Dist. Ct. App. 2017)

. . . jurisdiction over her because the amended affidavit of substitute service did not strictly comply with section 48.21 . . . Section 48.21 governs the return of execution of process. . . . effective as if the return had originally stated the omitted facts or included the signature.... § 48.21 . . . Here, the amended affidavit of service of process is facially deficient under section 48.21 because it . . . ) (holding that return of service indicating that a Jane Doe was served was defective under section 48.21 . . .

FLAAEN, v. PRINCIPAL LIFE INSURANCE COMPANY, INC., 226 F. Supp. 3d 1162 (W.D. Wash. 2016)

. . . basic benefits to be provided by disability insurance contracts which are subject to chapters 48.20 and 48.21 . . .

M. COUTTS, v. SABADELL UNITED BANK, N. A., 199 So. 3d 1099 (Fla. Dist. Ct. App. 2016)

. . . The court noted that “the language of section 48.21 does not expressly incorporate section 48.031, nor . . . The court refused to en-graft the provisions of section 48.031 onto section 48.21, acknowledging it “ . . . Applying Roster, we conclude that the return of service complied with section 48.21 and contained the . . . The burden requires the party to demonstrate that the return of service is, under section 48.21, facially . . . Section 48.21(1) provides: Each person who effects service of process shall note on a return-of-service . . .

MATTHEWS v. U. S. BANK, NATIONAL ASSOCIATION, N. A. LXS, 197 So. 3d 1140 (Fla. Dist. Ct. App. 2016)

. . . Section 48.21, Florida Statutes (2014), identifies “four facts that a return of process shall note:” . . . the returns of service are regular on their face as they contain the four facts required by section 48.21 . . .

MAURO v. WELLS FARGO BANK, N. A., 180 So. 3d 1083 (Fla. Dist. Ct. App. 2015)

. . . relied on the returns in this case, which were sworn and contained all the information which section 48.21 . . . process may sign the return-of-service form using an electronic signature certified by the sheriff. § 48.21 . . .

DAVIDIAN v. JP MORGAN CHASE BANK, FDIC FA,, 178 So. 3d 45 (Fla. Dist. Ct. App. 2015)

. . . is that no evidence was presented to demonstrate that the returns .of service complied with section 48.21 . . . They were shown to comply with section 48.031 and 48.21, Florida Statutes (2015). . . .

KOSTER, v. SULLIVAN,, 160 So. 3d 385 (Fla. 2015)

. . . section 48.031(l)(a), Florida Statutes (2009), which are not included in the requirements of section 48.21 . . . Section 48.21 governs the return of execution of process, and section 48.031(l)(a) governs service of . . . Relevant Statutes and Standard of Review When process was served in this case, section 48.21 provided . . . See § 48.21, Fla. Stat. . . . Section 48.21 clearly states the information that shall be included in a return of service. . . .

SDS- IC, v. FLORIDA CONCENTRATES INTERNATIONAL, LLC DS, LLC LLC, 157 So. 3d 389 (Fla. Dist. Ct. App. 2015)

. . . Section 48.21(1) provides that the required return-of-service form must include “the date and time when . . . Section 48.21(2) adds that although the return-of-service is amendable, the failure to state the required . . .

ROMEO s h a v. U. S. BANK NATIONAL ASSOCIATION, As BNC, 144 So. 3d 585 (Fla. Dist. Ct. App. 2014)

. . . Section 48.21, Florida Statutes (2013), governs returns of executions of process. . . . Section 48.21(2) states that “[a] failure to state the facts ... required by subsection (1) invalidates . . . Florida courts have relied upon both the return of execution of process statute— section 48.21 — and . . . is regular on its face, no matter what type of service, is governed only by the language of section 48.21 . . . Thus, the affidavits are defective on their face under section 48.21 because they actually state that . . .

KARPENSKI, v. AMERICAN GENERAL LIFE COMPANIES, LLC, d b a d b a AG d b a U. S. d b a U. S. d b a, 999 F. Supp. 2d 1218 (W.D. Wash. 2014)

. . . RCW 48.18 deals with insurance contracts generally while RCW 48.21 governs aspects of group and blanket . . . As the more specific statute, RCW 48.21 is not displaced by the later amended, more general RCW 48.18 . . .

KOSTER, v. SULLIVAN,, 103 So. 3d 882 (Fla. Dist. Ct. App. 2012)

. . . Because a strict reading of section 48.21, Florida Statutes (2010), supports the trial court’s finding . . . Koster argued below that for the return of service to be sufficient under section 48.21, the term “manner . . . that it is clear that the return of service at issue here meets the textual requirements of section 48.21 . . . See § 48.21; see also Carone v. . . . [the] statutory requirements [outlined in section 48.21] of a proper return of execution of process.” . . .

VIVES, v. WELLS FARGO BANK, N. A., 128 So. 3d 9 (Fla. Dist. Ct. App. 2012)

. . . Section 48.21, Florida Statutes (2009), which is titled “Return of execution of process,” provides, in . . . regular on its face because it fails to satisfy the requirements set forth in sections 48.031(l)(a) and 48.21 . . .

ROBLES- MARTINEZ, v. DIAZ, REUS TARG, LLP,, 88 So. 3d 177 (Fla. Dist. Ct. App. 2011)

. . . the return to see if it contained all of the information required by the applicable statute: Section 48.21 . . . manner in which service was made and the name of person served, both of which are required under section 48.21 . . .

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

. . . The return of service fully complied with the statutory provisions contained in section 48.21, Florida . . .

K. SEYMOUR a v. PANCHITA INVESTMENT, INC., 28 So. 3d 194 (Fla. Dist. Ct. App. 2010)

. . . Seymour moved to amend the return of service pursuant to section 48.21, Florida Statutes (2004). • August . . . P. 1.070 and 1.080, and §§ 48.081, 48.21, 607.0504 and 607.0505, Fla. Stat. (2009). . . . .

H F TIRES, L. P. a v. D. GLADIS COMPANY, INC. a a CW a a, 981 So. 2d 647 (Fla. Dist. Ct. App. 2008)

. . . limited partnership as provided for in s. 48.181, or process may be served as provided in ss. 48.071 and 48.21 . . .

RE- EMPLOYMENT SERVICES, LTD. GSK v. NATIONAL LOAN ACQUISITIONS COMPANY,, 969 So. 2d 467 (Fla. Dist. Ct. App. 2007)

. . . and time the process server received the summons and complaint for service, as required by section 48.21 . . . accurately record the date and time the summonses and complaint came to hand as required by section 48.21 . . . The statutory provisions that govern return of service are found in section 48.21, which specifically . . . to hand, but also it actually stated that it came to hand before the summonses were even issued. § 48.21 . . . NLAC essentially argues that despite the clear requirements of section 48.21, it is not necessary to . . .

TAVARES, v. UNITED STATES, 230 F. Supp. 2d 126 (D. Mass. 2001)

. . . In contrast, the K-Chem report shows a gross weight of 48.21 grams for the large bag and 19.27 grams . . .

KHAMBATY, v. E. LEPINE,, 734 So. 2d 1183 (Fla. Dist. Ct. App. 1999)

. . . See § 48.21, Fla. Stat. (1995). . . .

WASHINGTON PHYSICIANS SERVICE ASSOCIATION Of A a a a a a a a a a a v. O. GREGOIRE,, 967 F. Supp. 424 (W.D. Wash. 1997)

. . . Carriers,” which are defined in RCW 48.43.005(8) as “a disability insurer regulated under Chapter 48.20 or 48.21 . . .

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

. . . Section 48.21 sets forth the requirements for return of service. . . .

JORDAN, JORDAN, v. D. JACKSON, L., 15 F.3d 333 (4th Cir. 1994)

. . . . # 8E8E #48.205, 48.21 (1987 & Supp.1993) (decision by intake worker; hearing within 24 hours, excluding . . .

R. KAHN A. Jr. v. VIRGINIA RETIREMENT SYSTEM CSX, 13 F.3d 110 (4th Cir. 1993)

. . . The net effect of this transaction was that the Commonwealth received $48.21 per share. . . . Commonwealth purchasing the shares from VRS for $28 per share and reselling the shares to VRS for $48.21 . . .

KAHN, v. VIRGINIA RETIREMENT SYSTEM,, 783 F. Supp. 266 (E.D. Va. 1992)

. . . two stockholders more than $39.00 per share for their RF & P stock: (1) the Commonwealth received $48.21 . . .

RUSSELL, v. ZULLA,, 556 So. 2d 1241 (Fla. Dist. Ct. App. 1990)

. . . where the complaint was not served upon him and where the process server failed to comply with section 48.21 . . . individual or substituted and the name of the person upon whom service was attempted, as required by section 48.21 . . . or substituted, or the name of the person upon whom service was attempted, in violation of section 48.21 . . . Even though section 48.21, Florida Statutes, permits amendment of the return of service for failure to . . . Section 48.21 states: Return of execution of process. . . .

NAVIS, v. FOND DU LAC COUNTY Du, 721 F. Supp. 182 (E.D. Wis. 1989)

. . . legal custodian shall also be notified of the time and place of the detention hearing required under s. 48.21 . . .

SCHNEIDERMAN, v. CANTOR, s a, 546 So. 2d 51 (Fla. Dist. Ct. App. 1989)

. . . . § 48.21, Fla. Stat. (1987). . . .

BAY CITY MANAGEMENT, INC. v. HENDERSON, Jr., 531 So. 2d 1013 (Fla. Dist. Ct. App. 1988)

. . . If no general partner is found in Florida, process may be served as provided in ss. 48.071 and 48.21. . . .

W. DONALD, v. POLK COUNTY,, 836 F.2d 376 (7th Cir. 1988)

. . . . § 48.21(1) (hearing must be held within twenty-four hours, excluding Saturdays and Sundays, of the . . .

DeSHANEY, a FIRST, v. WINNEBAGO COUNTY DEPARTMENT OF SOCIAL SERVICES,, 812 F.2d 298 (7th Cir. 1987)

. . . . § 48.205(l)(a); see also §§ 48.19, 48.21). So Joshua was returned to Randy DeShaney’s custody. . . .

W. DONALD, A. D. v. POLK COUNTY, L. L. G. L. s, 649 F. Supp. 1408 (W.D. Wis. 1986)

. . . Under § 48.21, Wis.Stat. a child who is taken into custody and not released must be the subject of a . . .

GONZALEZ, v. TOTALBANK,, 472 So. 2d 861 (Fla. Dist. Ct. App. 1985)

. . . . § 48.21, Fla.Stat. (1979); see also Herskowitz v. . . . Consequently, under section 48.21 and the cases which strictly construe substituted service provisions . . .

TETLEY, v. A. LETT,, 462 So. 2d 1126 (Fla. Dist. Ct. App. 1984)

. . . Section 48.21, Florida Statutes (1981), provides: 48.21 Return of execution of process. . . .

C. LOSSMAN, v. H. PEKARSKE,, 707 F.2d 288 (7th Cir. 1983)

. . . . § 48.21(l)(b), which requires that such a petition be filed within 48 hours of the child’s being taken . . .

CALIFORNIA v. ARIZONA, 452 U.S. 431 (U.S. 1981)

. . . S 48“31/24" E 48.21 feet; 783. S 07°36'37" W 19.48 feet; 784. S 33°21/25" E 208.40 feet; 785. . . .

In N. BARNES,, 5 B.R. 376 (Bankr. D.D.C. 1980)

. . . Debtor’s original statement estimated $48.21 in miscellaneous expenses, bringing her total estimated . . .

NATIONAL INDUSTRIAL SAND ASSOCIATION, a v. F. MARSHALL, B. COUNCIL OF SOUTHERN MOUNTAINS, INC. v. F. MARSHALL,, 601 F.2d 689 (3d Cir. 1979)

. . . . §§ 48.1-48.12, 48.21-48.32 [hereinafter cited as 30 C.F.R. §-]. . . . published following analysis of these comments. . 30 C.F.R. §§ 48.1-48.12 (underground miners); id. §§ 48.21 . . . Id. at § 48.21. . 30 U.S.C. § 802(h)(1). . Id. § 811(d). . . . .

COUNTRY CLUBS OF SARASOTA, LTD. v. ZAUN EQUIPMENT, INC., 350 So. 2d 539 (Fla. Dist. Ct. App. 1977)

. . . Service of process may be made under §§ 48.071 and 48.21 on limited partnerships.” . . .

COOPER PLAZA LTD. a v. NIDETCH, 342 So. 2d 1072 (Fla. Dist. Ct. App. 1977)

. . . Service of process may be made under §§ 48.071 and 48.21 on limited partnerships.” . . .

RAYMOND W. WESOLOWSKI v. THE UNITED STATES, 174 Ct. Cl. 682 (Ct. Cl. 1966)

. . . Thereafter, commencing September 1957, he received temporary disability retirement pay in the amount of $48.21 . . .

UNITED STATES v. CERTAIN LANDS IN TOWN OF HIGHLANDS, N. Y., 49 F. Supp. 962 (S.D.N.Y. 1943)

. . . Land and Cottage 3,320.00 XXXIV (48.21) Cragston Associates, Inc. 560.00 XXXV (48.22) Cragston Associates . . . XXXIV (48.21) 560. $9,300. . . .