The 2023 Florida Statutes (including Special Session C)
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. . . ANALYSIS Ordinarily, service of process is governed by section 48.031(1)(a), Florida Statutes (2018), . . . Instead, they attempted substitute service pursuant to section 48.031(2)(b) : (b) Substitute service . . . So.3d 177, 179 (Fla. 3d DCA 2011) ("Service made under the substitute service provisions of section 48.031 . . . Here, service of process was improper because Brunel and MC2 did not strictly comply with section 48.031 . . . For instance, even if Epstein were doing business as a sole proprietorship, section 48.031(2)(b) requires . . .
. . . and accompanying affidavit adequately challenged the process server's failure to comply with section 48.031 . . . Bank of Am., N.A. , 94 So.3d 658, 659-660 (Fla. 4th DCA 2012) (holding that section 48.031(5), Florida . . .
. . . service must meet the requirements of the relevant method-of-service statute - in this case, section 48.031 . . . service is not regular on its face because it fails to satisfy the requirements set forth in sections 48.031 . . . Section 48.031(1)(a) provides that "[s]ervice of original process is made by delivering a copy of it . . . 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 . . .
. . . and complaint to does not reside at the defendant's usual place of abode as required under section 48.031 . . . Section 48.031(1)(a) provides: Service of original process is made by delivering a copy of it to the . . .
. . . See § 48.031(l)(a), Fla. Stat. (2008); Matthews v. U.S. . . .
. . . See § 48.031(l)(a), Fla. . . . Bank of America, N.A., 94 So.3d 658, 659 (Fla. 4th DCA 2012) (“By section 48.031(l)(a)’s plain language . . .
. . . failed to properly effectuate service of process under the substitute service provisions of section 48.031 . . . The court noted that “the language of section 48.21 does not expressly incorporate section 48.031, nor . . . does it refer to the factors contained within section 48.031(l)(a).” . . . The court refused to en-graft the provisions of section 48.031 onto section 48.21, acknowledging it “ . . . (l)(a) is inapplicable in the context of a challenge under section 48.031(6)(a). . . .
. . . The summonses contained the notations required by section 48.031(5), Florida Statutes Appellants’ next . . . argument concerns section 48.031(5), which provides: “A person serving process shall place, on the first . . . and time of service and his or her identification number and initials for all service of process.” § 48.031 . . . Section 48.031(l)(a) provides in pertinent part: (l)(a) Service of original process is made by delivering . . . server served James Matthews with the papers and informed him “of their contents, pursuant to F.S. 48.031 . . .
. . . bpth Defendants of the contents of the documents delivered, which is contrary to Florida Statute § 48.031 . . . They argued that this was not in compliance with section 48.031(2), Florida Statutes (2013). . . . The motion alleged that service was improper under section 48.031(2)(a), Florida 'Statutes (2013), because . . . Raul argued that pursuant to section 48.031(l)(a), Florida Statutes (2013), service on him was improper . . .
. . . convincing evidence, would establish the failure to effect valid service of process as required by section 48.031 . . .
. . . . § 48.031(l)(a), Fla. Stat. (2012) (emphasis added). . . . Section 48.031(l)(a) requires no further specificity. Affirmed. . . .
. . . Rule 3.220 (Discovery) is amended to add the statutory reference • of section 48.031, Florida Statutes . . . Amended section 48.031(3)(b) allows a criminal witness subpoena for appearance for a deposition to be . . . the action, shall be the same as that provided in the Florida Rules of Civil Procedure and section 48.031 . . .
. . . To the extent the Davi-dians claimed lack of evidence of compliance with section 48.031(5), Florida Statutes . . . They were shown to comply with section 48.031 and 48.21, Florida Statutes (2015). . . . Finally; the Davidians argued that the process server failed' to comply with section 48.031(l)(a), Florida . . . Section 48.031(l)(a) provides: Service of original process is made by delivering a copy of it to the . . .
. . . Section 48.031(1)(a), Florida Statutes (2013), requires that the person be served or that the process . . .
. . . is not required to expressly list the factors defining the “manner of service” contained in section 48.031 . . . The court noted that evidence that any of the factors listed in section 48.031(l)(a) were not present . . . Section 48.21 governs the return of execution of process, and section 48.031(l)(a) governs service of . . . The pertinent portion of section 48.031 provided: 48.031 Service of process generally; service of witness . . . to the factors contained within section 48.031(l)(a). . . .
. . . evidence, would establish appel-lee’s failure to effect valid service of process as required by section 48.031 . . .
. . . See § 48.031, Fla. Stat. (2012). . . .
. . . . § 48.031(l)(a). . . .
. . . Section 48.031, Florida Statutes (2013), governs service of process. . . . For individual service, section 48.031(l)(a), provides: Service of original process is made by delivering . . . For substitute service, section 48.031(2)(a), provides: Substitute service may be made on the spouse . . . is governed only by the language of section 48.21 and does not require express reference to section 48.031 . . . Frank’s “motion and affidavit are based on the fact that the service did not comply with section 48.031 . . .
. . . Under section 48.031(l)(a), Florida Statutes (2012), substitute service of process may be made on a defendant . . .
. . . . § 48.031; D.C.R.C.P. 4(e)(1), (2). . . .
. . . argues the dismissal was proper because the service on Beth Michael failed to comply with subsections 48.031 . . . (l)(a) and 48.031(2)(b), Florida Statutes (2012). . . .
. . . evidence, would establish the lender’s failure to effect valid service of process as required by section 48.031 . . .
. . . burden of proving by clear and convincing evidence that service did not meet the requirements of section 48.031 . . .
. . . P. 1.070(a); § 48.031(1)(a), Fla. Stat. (2011); Ball v. . . .
. . . Section 48.031(5), Florida Statutes (2009), requires the process server to note the actual date and time . . .
. . . . §§ 48.031, 48.161, 48.193(3), 48.194(1); Reef Clematis LLC v. . . .
. . . Section 48.031(1)(a), Florida Statutes (2011), allows for substitute service of process on a defendant . . .
. . . Because the process server failed to strictly comply with section 48.031(5), Florida Statutes (2012), . . . quash service of process, asserting that the process server failed to comply with the terms of section 48.031 . . . and time of service and his or her identification number and initials for all service of process.” § 48.031 . . .
. . . See § 48.031(l)(a) (“[Sjervice of original process is made by delivering a copy of it to the person to . . . Third District has suggested that “[s]ervice made under the substitute service provisions of section 48.031 . . . is governed only by the language of section 48.21 and does not require express reference to section 48.031 . . . Accordingly, while evidence that any of the factors outlined in section 48.031(l)(a) were not present . . . section 48.21 to also require an explicit identification of the individual requirements of section 48.031 . . .
. . . verification of pleading, asserting that the process server failed to comply with the terms of section 48.031 . . . should have granted their motion to quash because the process server failed to comply with section 48.031 . . .
. . . Under section 48.031(l)(a), Florida Statutes (2010), “Service of original process is made by delivering . . .
. . . Section 48.031(l)(a), Florida Statutes (2010), provides, in pertinent part: Service of original process . . . By section 48.031(l)(a)’s plain language above, the “copy of it ” refers to the previously-mentioned . . . We reach this conclusion by reading section 48.031(5) in pari materia with section 48.031(l)(a). . . . As mentioned above, section 48.031(l)(a)’s plain language differentiates between “a copy of [original . . . Applying that differentiation to section 48.031(5), which refers to placing the required notations on . . .
. . . Because the requirements of section 48.031(6), Florida Statutes (2010), were not met in effectuating . . . In reviewing a trial court’s ruling on the sufficiency of substitute service under section 48.031(6), . . . Section 48.031(6) provides in full: If the only address for a person to be served, which is discoverable . . . quash service of process because First-Bank failed to comply with the statutory requirements of section 48.031 . . . Although Napoleon was decided before the enactment of section 48.031(6), subsequent cases have upheld . . .
. . . Vives’ usual place of abode, and in accordance with section 48.031(l)(a), left copies of the summons . . . Section 48.031(l)(a), Florida Statutes (2009), provides: (l)(a) Service of original process is made by . . . service is not regular on its face because it fails to satisfy the requirements set forth in sections 48.031 . . . Vives’ regular place of abode, as required by section 48.031(l)(a). See Robles-Martinez v. . . . , 88 So.3d 177 (Fla. 3d DCA 2011) (“Service made under the substitute service provisions of section 48.031 . . .
. . . aside the judgment and sale arguing that Appellee did not properly serve him with process under section 48.031 . . . One’s “usual place of abode” for purposes of valid service under section 48.031(l)(a) is “ ‘the place . . .
. . . According to the motion, service was invalid pursuant to section 48.031(l)(a), Florida Statutes (2010 . . . defendant’s father was residing at the defendant’s home at the time of service for the purposes of section 48.031 . . .
. . . Analysis Section 48.031(l)(a), Florida Statutes (2010), governs the present issue of validity of substituted . . . 2011 WL 3586179 (Fla. 3d DCA 2011) (“Service made under the substitute service provisions of section 48.031 . . . Section 48.031(l)(a) provides: Service of original process is made by delivering a copy of it to the . . .
. . . Service made under the substitute service provisions of section 48.031, Florida Statutes, must be strictly . . . their face, containing all of the information in compliance with the specific requirements of section 48.031 . . . In Johnston, the process server attempted substituted service under section 48.031(1) by serving the . . . Usual Place of Abode Section 48.031, Florida Statutes, provides in pertinent part that service of process . . . The return of service was additionally defective in failing to state (as required under section 48.031 . . . find that the plaintiff did not prove valid service under the substituted service provision of section 48.031 . . . Section 48.031(l)(a), which must be strictly construed, only allows for substitute service by “leaving . . . the trial court’s order quashing substituted service of process “secured, purportedly under section 48.031 . . . for determining whether there was valid service under the substituted service provision of section 48.031 . . .
. . . . § 48.031 (West 2011) with N.Y. . . . Ann. § 48.031 (outlining general guidelines for how to serve process). . . .
. . . In this foreclosure case, substituted service of process was secured on Silva under section 48.031, Florida . . .
. . . Section 48.031(l)(a), Florida Statutes, provides that a copy of the summons and complaint may be left . . .
. . . . § 48.031 (providing that service of process is made by delivering a copy of the complaint to the person . . .
. . . At issue here is section 48.031(1)(a), Florida Statutes (2008), which allows for substitute service by . . . her “usual place of abode,” and that service of process on her sister was insufficient under section 48.031 . . .
. . . corporation may be made by serving the registered agent, officer, or director in accordance with s. 48.031 . . . Second, the legislature added subsection (6) to section 48.031, as follows: If the only address for a . . . (Fla. 3d DCA 2009) (outlining the conditions under which service at a private mailbox under section 48.031 . . .
. . . Section 48.031(5), Florida Statutes, provides: (5) A person serving process shall place, on the copy . . . The requirements contained in section 48.031(l)(a) have the purpose of assuring that notice is given . . . The provisions of section 48.031(5) do not appear to have anything to do with assuring notice to the . . . For example, section 48.031(3)(b), which deals with subpoena of a criminal witness, requires that three . . . Along similar lines, service made pursuant to section 48.031(2)(b) allows substitute service on a sole . . .
. . . Section 48.031(l)(a), Florida Statutes, permits service of process “by leaving the copies at his or her . . .
. . . Section 48.031, Florida Statutes, and Florida Rule of Civil Procedure 1.070, which govern service of . . .
. . . Pursuant to section 48.031(6), Florida Statutes (2008), Aragon attempted service on both Clauro and Rupcich . . . judgment for lack of jurisdiction, arguing that neither had been served in compliance with section 48.031 . . . We agree, however, that Aragon failed to comply with section 48.031(6), Florida’s substitute service . . . Section 48.031(6), states as follows: If the only address for a person to be served, which is discoverable . . . That return of service, however, merely recites that service was in accordance with section 48.031(6) . . .
. . . . § 48.031. . . . Stat. § 48.031; Henzel v. Noel, 598 So.2d 220, 221-23 (Fla. 5th DCA 1992). . . .
. . . trial court’s order denying the Defendants’ cross-motion to quash service of process because section 48.031 . . . for default, arguing that the Defendants had been served at the mailbox address, pursuant to section 48.031 . . . The issue in this case is whether section 48.031(6), Florida Statutes (2008) is a permitted method of . . . Section 48.031(6), Florida Statutes (2008) reads as follows: If the only address for a person to be served . . . The Plaintiff argues that substitute service by private mailbox service under section 48.031(6), Florida . . .
. . . locate the witness at his parents’ home on several occasions, but had posted service under section 48.031 . . .
. . . Klein-Brown with process in accordance with Sections 48.021(1), and 48.031, Florida Statutes (2007). . . .
. . . See § 48.031(l)(a), Fla. Stat. (2007); cf. Bache Halsey, Stuart, Shields, Inc. v. . . .
. . . natural persons is to be used for service on natural persons under the following provisions: sections 48.031 . . .
. . . plaintiff contends that it properly effected personal service of process upon the defendant pursuant to § 48.031 . . . Under § 48.031(l)(a), Fla. . . .
. . . plaintiff appeals from an order quashing substituted service of process secured, purportedly under section 48.031 . . .
. . . over him because he was not served with process at his usual place of abode as required by section 48.031 . . . Analysis Section 48.031(l)(a), Florida Statutes (2004), provides for service of process: Service of original . . .
. . . See § 48.031(l)(a), Florida Statutes (2005). . . . Section 48.031(l)(a) provides: Service of original process is made by delivering a copy of it to the . . . server in a deliberate attempt to avoid service of process, the delivery requirement of ... section 48.031 . . . concluded: It is clear that service of process on [the defendant] did not meet the requirements of section 48.031 . . .
. . . Section 48.031(l)(a), Florida Statutes (2002), states that “[s]erviee of original process is made by . . .
. . . Section 48.031(1)(a), Florida Statutes (2005), states that a person must be served at his or her usual . . .
. . . .” § 48.031(l)(a), Fla. Stat. (2004) (emphasis added). . . .
. . . court must quash service of process because the service was not consistent with sections 48.194(1) and 48.031 . . . The Florida statutes applicable for service of process on a non-resident are sections 48.194 and 48.031 . . . Section 48.031(1) sets forth the manner in which service can be made within the state as follows: (l) . . . Subsection two (2) of section 48.031 addresses the issue of substitute service. . . . The court in Hauser distinguished what section 48.031 termed as the “usual place of abode” from the place . . .
. . . married shall be accomplished “[b]y serving a parent or guardian of the minor as provided for in s. 48.031 . . . Section 48.031(l)(a) provides, in pertinent part, that service is to be made by delivering to the person . . . This court and others have specifically held that substituted service under section 48.031 must be in . . . Arnco Constr., Inc., 867 So.2d 583, 585 (Fla. 5th DCA 2004) (holding that service under section 48.031 . . . Corp., 795 So.2d 952, 954 (Fla.2001) (“Section 48.031 expressly requires that substituted service be . . .
. . . Section 48.031(1)(a), Florida Statutes (2003), provides, in pertinent part, that: Service of original . . .
. . . the witnesses rightly claimed that their attendance was an undue burden and a violation of section 48.031 . . .
. . . appellant, Javier Torres, Jr., was properly served with process by substitute service pursuant to section 48.031 . . . The statute governing the present case is section 48.031(l)(a), Florida Statutes (2002), reads in pertinent . . .
. . . Turning to the merits, “[sjection 48.031 expressly requires that substituted service be at the person . . . Thompson’s motion and affidavit are based on the fact that the service did not comply with section 48.031 . . . for an evidentiary hearing to determine whether the attempted service of Thompson pursuant to section 48.031 . . .
. . . Section 48.031(l)(a), Florida Statutes (2002), states that “[sjervice of original process is made by . . .
. . . natural persons is to be used for service on natural persons under the following provisions: sections 48.031 . . .
. . . There was no substituted service under section 48.031(l)(a), Florida Statutes (2001), because the mother . . .
. . . Section 48.031(l)(a), Florida Statutes (2000), states: Service of original process is made by delivering . . . In addition to the procedure set forth in section 48.031, this state has specifically set forth the proper . . . decision should have been controlled by the plain meaning of section 48.051, without reliance on section 48.031 . . .
. . . service by mail, certified mad return receipt requested, did not comport with the requirements of section 48.031 . . .
. . . Section 48.031(1), Florida Statutes (2001), provides as follows: (l)(a) Service of original process is . . . Interpreting section 48.031, Florida Statutes (1993), this court held, In the instant case, there is . . . as here, there is no evidence that someone inside the house qualifies as a recipient under section 48.031 . . . Similarly, in this case, there was no evidence that Connelly qualified as a recipient under section 48.031 . . .
. . . . § 48.031(l)(a) (emphasis added). . . .
. . . Pursuant to section 48.031(l)(a), Florida Statutes (2001), Gilliam was served on March 14, 2001, at his . . .
. . . subpoena on another employee of the witness’s corporation did not meet the requirements of section 48.031 . . . Here, section 48.031(1) was followed in that Wright’s mother, who lived at 1211 Scott Street, was served . . .
. . . I do not believe reliance on section 48.031(l)(a), Florida Statutes, is appropriate. . . . court concluded that Shurman’s “usual place of abode” for purposes of serving process under section 48.031 . . . case is whether Shurman was properly served at his “usual place of abode” as required under section 48.031 . . . Section 48.031, Florida Statutes (1997), provides in pertinent part: (l)(a) Service of original process . . . Section 48.031 expressly requires that substituted service be at the person’s “usual place of abode.” . . . Thus, Shurman was not properly served at his usual place of abode as required under section 48.031(l) . . .
. . . . § 48.031; Fed R. Civ. P. 4(e). There is no need to depose Mr. . . .
. . . not have personal jurisdiction over Schupak because service of process was not proper under section 48.031 . . .
. . . See § 48.031(l)(a), Fla. Stat. (1999). On June 1, 2000, Ms. . . . remand for an evidentiary hearing to determine whether the service of process complies with section 48.031 . . .
. . . Such a provision is included, for example, in section 48.031(l)(a), Florida Statutes, which states that . . .
. . . 543 (Fla. 1986), and in finding that his “usual place of abode,” as that term is utilized in section 48.031 . . .
. . . As to Susan Rokeach, service was sufficient under section 48.031(l)(a), Florida Statutes (1997). . . .
. . . Service of process was not made in strict compliance with sections 48.194 and 48.031(1)(a), Florida Statutes . . .
. . . Chavez was legally insufficient pursuant to sections 48.031(l)(a) and (3), Florida Statutes. . . . . § 48.031(l)(a), (3), Fla. Stat. (1995). . . . Chavez pursuant to section 48.031. See Stoeffler v. . . .
. . . Service of process on appellant was attempted pursuant to section 48.031(1), Florida Statutes (1993), . . . as here, there is no evidence that someone inside the house qualifies as a recipient under section 48.031 . . . the person to be served and had affirmative evidence that someone eligible for service under section 48.031 . . .
. . . Section 48.031(1)(a), Florida Statutes (1995), provides for service of process by delivery to the person . . .
. . . evidence, would establish appellee’s failure to effect valid service of process as required by section 48.031 . . .
. . . Subsections 48.031(1) and (3), Florida Statutes (1995), provide for service of a subpoena upon a witness . . .
. . . court and that appellant was entitled to the traditional form of service of process pursuant to section 48.031 . . .
. . . Subdivision (c) is revised to conform with section 48.031, Florida Statutes (1979). 1996 Amendment. . . . natural persons is to be used for service on natural persons under the following provisions: sections 48.031 . . .
. . . complaint were served on the assistant manager of Big Tim’s Bar BQ, in seeming contravention of section 48.031 . . . Section 48.031(2)(b) requires that substitute service be made upon the manager of one “doing business . . . We are unable to find any decisions interpreting section 48.031(2)(b). . . .
. . . See § 48.031, Fla.Stat. (1993). Subsequently, the appellant sought blood testing of the appellee. . . .
. . . receptionist at the wife’s place of business and not upon any of the persons designated in section 48.031 . . .
. . . service filed in this cause clearly establishes that the defendant was properly served under Section 48.031 . . .
. . . had not been obtained over her and service was defective because it failed to comply with sections 48.031 . . .
. . . Florida Statute § 48.031 provides: (1) (a) Service of original process is made by delivering a copy of . . . Thus, Plaintiff has failed to properly serve Defendants pursuant to Florida Statute § 48.031. . . .
. . . Section 48.031, Florida Statutes (1993) provides that service of process may be made by leaving a copy . . .