As might be expected, a person who has been previously certified to perform service of process can have that certification revoked and their name removed from the list. Some of the reasons for such dismissal might include:
● Malfeasance
● Misfeasance
● Neglect of duty
● Incompetence
Another situation that can get a process server in hot water – to the point of having felony charges filed against them – is to show any sort of bias in the service of any process. A certified process server is expected to act as a neutral third party; if they execute a return of service without having served the associated process that is not only punishable as a third-degree felony but will also cause them to be permanently barred from serving process in the state in the future.
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.
