Florida Senate - 2025 SB 826
By Senator Fine
19-00771-25 2025826__
1 A bill to be entitled
2 An act relating to service of process; amending s.
3 48.021, F.S.; requiring that all process be served by
4 the sheriff of the county where the person to be
5 served is found; deleting provisions relating to other
6 persons authorized to serve process; amending s.
7 48.031, F.S.; authorizing sheriffs to serve spouses
8 with certain substituted service at any place in the
9 county; deleting provisions authorizing other persons
10 to serve process; repealing s. 48.27, F.S., relating
11 to certified process servers authorized by sheriffs;
12 repealing s. 48.29, F.S., relating to certification of
13 process servers authorized by judges; repealing s.
14 48.31, F.S., relating to removal of such certified
15 process servers and false return of service; amending
16 ss. 113.07 and 316.29545, F.S.; conforming provisions
17 to changes made by the act; reenacting s. 48.196(2),
18 F.S., relating to service of process in connection
19 with actions under the Florida International
20 Commercial Arbitration Act, to incorporate the
21 amendment made to s. 48.021, F.S., in a reference
22 thereto; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 48.021, Florida Statutes, is amended to
27 read:
28 48.021 Process; by whom served.—
29 (1) All process must shall be served by the sheriff of the
30 county where the person to be served is found, except
31 nonenforceable civil process, criminal witness subpoenas, and
32 criminal summonses may be served by a special process server
33 appointed by the sheriff as provided in this section or by a
34 certified process server as provided in s. 48.27. Civil witness
35 subpoenas shall be served by any person authorized by rules of
36 civil procedure.
37 (2)(a) The sheriff of each county may, in his or her
38 discretion, establish an approved list of natural persons
39 designated as special process servers. The sheriff shall add to
40 such list the names of those natural persons who have met the
41 requirements provided for in this section. Each natural person
42 whose name has been added to the approved list is subject to
43 annual recertification and reappointment by the sheriff. The
44 sheriff shall prescribe an appropriate form for application for
45 appointment. A reasonable fee for the processing of the
46 application shall be charged.
47 (b) A person applying to become a special process server
48 shall:
49 1. Be at least 18 years of age.
50 2. Have no mental or legal disability.
51 3. Be a permanent resident of the state.
52 4. Submit to a background investigation that includes the
53 right to obtain and review the criminal record of the applicant.
54 5. Obtain and file with the application a certificate of
55 good conduct that specifies there is no pending criminal case
56 against the applicant and that there is no record of any felony
57 conviction, nor a record of a misdemeanor involving moral
58 turpitude or dishonesty, with respect to the applicant within
59 the past 5 years.
60 6. Submit to an examination testing the applicant’s
61 knowledge of the laws and rules regarding the service of
62 process. The content of the examination and the passing grade
63 thereon, and the frequency and the location at which the
64 examination is offered must be prescribed by the sheriff. The
65 examination must be offered at least once annually.
66 7. Take an oath that the applicant will honestly,
67 diligently, and faithfully exercise the duties of a special
68 process server.
69 (c) The sheriff may prescribe additional rules and
70 requirements directly related to subparagraphs (b)1.-7.
71 regarding the eligibility of a person to become a special
72 process server or to have his or her name maintained on the list
73 of special process servers.
74 (d) An applicant who completes the requirements of this
75 section must be designated as a special process server provided
76 that the sheriff of the county has determined that the
77 appointment of special process servers is necessary or
78 desirable. Each special process server must be issued an
79 identification card bearing his or her identification number,
80 printed name, signature and photograph, and an expiration date.
81 Each identification card must be renewable annually upon proof
82 of good standing.
83 (e) The sheriff shall have the discretion to revoke an
84 appointment at any time that he or she determines a special
85 process server is not fully and properly discharging the duties
86 as a special process server. The sheriff shall institute a
87 program to determine whether the special process servers
88 appointed as provided for in this section are faithfully
89 discharging their duties pursuant to such appointment, and a
90 reasonable fee may be charged for the costs of administering
91 such program.
92 (3) A special process server appointed in accordance with
93 this section shall be authorized to serve process in only the
94 county in which the sheriff who appointed him or her resides and
95 may charge a reasonable fee for his or her services.
96 (4) Any special process server shall be disinterested in
97 any process he or she serves; and if the special process server
98 willfully and knowingly executes a false return of service or
99 otherwise violates the oath of office, he or she shall be guilty
100 of a felony of the third degree, punishable as provided for in
101 s. 775.082, s. 775.083, or s. 775.084, and shall be permanently
102 barred from serving process in Florida.
103 Section 2. Paragraph (a) of subsection (2) of section
104 48.031, Florida Statutes, is amended to read:
105 48.031 Service of process generally; service of witness
106 subpoenas.—
107 (2)(a) Substituted service on the spouse of the person to
108 be served may be made at any place in a county by a sheriff of
109 such county an individual authorized under s. 48.021 or s. 48.27
110 to serve process in that county, if the cause of action is not
111 an adversarial proceeding between the spouse and the person to
112 be served, if the spouse requests such service or the spouse is
113 also a party to the action, and if the spouse and person to be
114 served reside together in the same dwelling, regardless of
115 whether such dwelling is located in the county where substituted
116 service is made.
117 Section 3. Section 48.27, Florida Statutes, is repealed.
118 Section 4. Section 48.29, Florida Statutes, is repealed.
119 Section 5. Section 48.31, Florida Statutes, is repealed.
120 Section 6. Subsection (2) of section 113.07, Florida
121 Statutes, is amended to read:
122 113.07 Bond by surety company; when required.—
123 (2) The provisions of this law do not apply to deputy
124 sheriffs or, notaries public, or special process servers
125 appointed to serve process under the provisions of s. 48.021.
126 Section 7. Subsection (3) of section 316.29545, Florida
127 Statutes, is amended to read:
128 316.29545 Window sunscreening exclusions; medical
129 exemption; certain law enforcement vehicles, process server
130 vehicles, and private investigative service vehicles exempt.—
131 (3) The department shall exempt from the window
132 sunscreening restrictions of ss. 316.2953, 316.2954, and
133 316.2956 vehicles that are owned or leased by process servers
134 certified pursuant to s. 48.29 or by private investigators or
135 private investigative agencies licensed under chapter 493.
136 Section 8. For the purpose of incorporating the amendment
137 made by this act to section 48.021, Florida Statutes, in a
138 reference thereto, subsection (2) of section 48.196, Florida
139 Statutes, is reenacted to read:
140 48.196 Service of process in connection with actions under
141 the Florida International Commercial Arbitration Act.—
142 (2) The process served under subsection (1) shall include a
143 copy of the application to the court together with all
144 attachments thereto and shall be served in the following manner:
145 (a) In any manner agreed upon, whether service occurs
146 within or without this state;
147 (b) If service is within this state:
148 1. In the manner provided in ss. 48.021 and 48.031, or
149 2. If applicable under their terms, in the manner provided
150 in ss. 48.161, 48.183, 48.23, or chapter 49; or
151 (c) If service is outside this state:
152 1. By personal service by any person authorized to serve
153 process in the jurisdiction where service is being made or by
154 any person appointed to do so by any competent court in that
155 jurisdiction;
156 2. In any other manner prescribed by the laws of the
157 jurisdiction where service is being made for service in an
158 action before a local court of competent jurisdiction;
159 3. In the manner provided in any applicable treaty to which
160 the United States is a party;
161 4. In the manner prescribed by order of the court;
162 5. By any form of mail requiring a signed receipt, to be
163 addressed and dispatched by the clerk of the court to the person
164 being served; or
165 6. If applicable, in the manner provided in chapter 49.
166 Section 9. This act shall take effect July 1, 2025.