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. 48.195

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.

F.S. 48.195 on Google Scholar

F.S. 48.195 on Casetext

Amendments to 48.195

Arrestable Offenses / Crimes under Fla. Stat. 48.195

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.195.

Annotations, Discussions, Cases:

Cases from cite.case.law:

TAFT, v. WELLS FARGO BANK, N. A., 828 F. Supp. 2d 1031 (D. Minn. 2011)

. . . . §§ 47.203, 47.58, 47.59, and 48.195. . . . Minn.Stat. § 48.195. . . . 334.01, subd. 2, was enacted nearly 20 years after the statute on which Plaintiff relies, Minn.Stat. § 48.195 . . .

NELSON, v. CITIBANK SOUTH DAKOTA N. A. N. A. MBNA N. A. f k a MBNA N. A. B. TIKKANEN, v. CITIBANK SOUTH DAKOTA N. A. MBNA N. A. f k a MBNA N. A., 794 F. Supp. 312 (D. Minn. 1992)

. . . . § 48.195. . . . the whole; however, they do not allege that the resulting interest was usurious under Minn.Stat. § 48.195 . . . complaints allege that defendants imposed a usurious rate of interest in violation of Minn.Stat. § 48.195 . . . More significantly, the complaints ask the court to apply the usury penalties of Minn.Stat. § 48.195 . . . plus the entire interest carried by the evidence of debt, which is deemed a forfeiture under section 48.195 . . .

In ASBESTOS LITIGATION. HAMMER, v. ARMSTRONG WORLD INDUSTRIES, INC. WEISSMAN v. ARMSTRONG WORLD INDUSTRIES, INC. FOW, H. v. ARMSTRONG WORLD INDUSTRIES, INC. FLYNN v. ARMSTRONG WORLD INDUSTRIES, INC. MOBLEY v. ARMSTRONG WORLD INDUSTRIES, INC. ALDRICH v. ARMSTRONG WORLD INDUSTRIES, INC. WALTER v. ARMSTRONG WORLD INDUSTRIES, INC., 679 F. Supp. 1096 (S.D. Fla. 1987)

. . . . § 48.195 abolished this “connexity” requirement. See Hertz Corp. v. . . .