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. 48.31

48.31 Removal of certified process servers; false return of service.—

(1) A certified process server may be removed from the list of certified process servers for any malfeasance, misfeasance, neglect of duty, or incompetence, as provided by court rule.

(2) A certified process server must be disinterested in any process he or she serves; if the certified process server willfully and knowingly executes a false return of service, he or she is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and shall be permanently barred from serving process in this state.

History.—s. 5, ch. 88-135; s. 285, ch. 95-147.

F.S. 48.31 on Google Scholar

F.S. 48.31 on Casetext

Amendments to 48.31

Arrestable Offenses / Crimes under Fla. Stat. 48.31

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

S48.31 2 - FRAUD - EXECUTE FALSE RETURN OF SERVICE - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

M. LOERTSCHER, v. ANDERSON,, 893 F.3d 386 (7th Cir. 2018)

. . . . §§ 48.30, 48.31. At this stage, the mother is entitled to counsel regardless of ability to pay. . . . Stat. §§ 48.31(4), 48.547(4). 2. In the summer of 2014, Ms. . . .

SYSTEM FUELS, INC. LLC, v. UNITED STATES,, 125 Fed. Cl. 331 (Fed. Cl. 2016)

. . . 27.1 tons, have lengths between 188 and 208 inches (without impact limiters), diameters between 28 and 48.31 . . . 27.1 tons, have lengths between 188 and 208 inches (without impact limiters), diameters between 28 and 48.31 . . .

BOSWELL, v. COLLOID ENVIRONMENTAL TECHNOLOGIES COMPANY, AMCOL, 236 F.R.D. 682 (D. Wyo. 2006)

. . . where he was required to read and sign a form entitled, “MSHA Hazard Training (REF: CFR 48 Paragraph 48.31 . . . clerk’s office and sign a safety affirmation entitled, “MSHA Hazard Training (REF: CFR 48 Paragraph 48.31 . . .

F. KING, Jr. v. ISLAND CREEK COAL COMPANY,, 339 F. Supp. 2d 735 (W.D. Va. 2004)

. . . . § 48.31 and that it had failed to maintain a written record of information concerning an independent . . .

A. O KEEFE, v. MERCEDES- BENZ USA, LLC,, 214 F.R.D. 266 (E.D. Pa. 2003)

. . . Kilborne recalculates Johnson’s formula and arrives at a $20,353,855 total valuation or $48.31 per vehicle . . . available valuation because: (1) it uses a market price for a warranty as its starting point; (2) the $48.31 . . .

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

. . . sheriff as provided for in this section or by a certified process server as provided for in ss. 48.25-48.31 . . . Compare § 48.021 with §§ 48.25 — 48.31. . . . See Ch. 88-135, § 3, at 720-21, Laws of Fla; see also §§ 48.27-48.31. . . . Compare § 48.021 with §§ 48.25-48.31. . . .

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

. . . Sections 48.25-48.31, are known as the “Florida Certified Process Servers Act.” . . .

E. BROCK, L. WILLIAMS, v. PEABODY COAL COMPANY MERRELL, v. PEABODY COAL COMPANY UNITED MINE WORKERS OF AMERICA ROWE, v. PEABODY COAL COMPANY, E. BROCK, I. B. ACTON v. JIM WALTER RESOURCES, INC. UNITED MINE WORKERS OF AMERICA, v. JIM WALTER RESOURCES, INC., 822 F.2d 1134 (D.C. Cir. 1987)

. . . . §§ 48.11, 48.31. . . .

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

. . . hearing to determine if the allegations in a petition are proved must be held pursuant to §§ 48.305 and 48.31 . . . Wis.Stat. § 48.31(1). . . .

SANTOSKY v. KRAMER, COMMISSIONER, ULSTER COUNTY DEPARTMENT OF SOCIAL SERVICES,, 455 U.S. 745 (U.S. 1982)

. . . . §48.31(1) (Supp. 1981-1982). . . .

HARMAN MINING CORPORATION, a v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION,, 671 F.2d 794 (4th Cir. 1981)

. . . citations against Harman for violating the standards set forth in 30 C.F.R. 77.1607(v), 77.1713, and 48.31 . . .

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

. . . . §§ 48.11, 48.31. . Id. §§ 48.3, 48.23. . Id. §§ 48.3(h), 48.23(h). . Id. §§ 48.4, 48.24. . . . . See 30 C.F.R. §§ 48.11, 48.31. . Supplementary Information, 43 Fed.Reg. 47454, 47455 (1978). . . . .

In SURFACE MINING REGULATION LITIGATION, 456 F. Supp. 1301 (D.D.C. 1978)

. . . Surface Mining Regs. ch. 26-2.10(10)-S20310, p. 48.31. . . . .

SWEETARTS, a v. SUNLINE, INC. F., 380 F.2d 923 (8th Cir. 1967)

. . . $11.37; Michigan, $72.91; New Mexico, $35.04; Oklahoma, $69.03; Rhode Island, $3.75; South Dakota, $48.31 . . .

KEEHN v. BRADY TRANSFER STORAGE CO., 64 F. Supp. 392 (N.D. Ill. 1946)

. . . the latter case, it was held that a federal district court could not substitute its judgment allowing 48.31 . . .

MILLER v. BARNWELL BROS., 137 F.2d 257 (4th Cir. 1943)

. . . The District Court, however, allowed only 48.31 per cent of this amount, or $9,964.35, because a summary . . . The District Court allowed only an assessment of 48.31 per cent of the premium paid by the defendant, . . . liable, indicated a gross deficiency of $1,424,004.14 and premiums of $2,949,345, or a net deficiency of 48.31 . . . first policy and $2,763.97 under the second policy, or $20,571.76, of which the District Court allowed 48.31 . . .