Bill Amendment: FL S0912 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Service of Process
Status: 2014-05-02 - Died in Criminal Justice, companion bill(s) passed, see HB 627 (Ch. 2014-207) [S0912 Detail]
Download: Florida-2014-S0912-Senate_Committee_Amendment_173804.html
Bill Title: Service of Process
Status: 2014-05-02 - Died in Criminal Justice, companion bill(s) passed, see HB 627 (Ch. 2014-207) [S0912 Detail]
Download: Florida-2014-S0912-Senate_Committee_Amendment_173804.html
Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 912 Ì173804%Î173804 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsections (1) and (3) of section 48.031, 6 Florida Statutes, are amended to read: 7 48.031 Service of process generally; service of witness 8 subpoenas.— 9 (1)(a) Service of original process is made by delivering a 10 copy of it to the person to be served with a copy of the 11 complaint, petition, or other initial pleading or paper or by 12 leaving the copies at his or her usual place of abode with any 13 person residing therein who is 15 years of age or older and 14 informing the person of their contents. A minorMinorswho is 15areor hashavebeen married isshall beserved as provided in 16 this section. 17 (b) An individual authorized to serve process pursuant to 18 this chapter; Rule 3.030, Florida Rules of Criminal Procedure; 19 or Rule 1.070, Florida Rules of Civil Procedure does not commit 20 the offense of trespass on property other than a structure or 21 conveyance under s. 810.09 and is not subject to civil liability 22 if his or her entrance onto such property is necessary to serve 23 process and the process server does not open a closed gate or 24 door or cross over any fences. 25 (c)(b)An employerEmployers, when contacted by an 26 individual authorized to servemake service ofprocess, shall 27 allowpermitthe authorized individual to serve an employeemake28service on employeesin a private area designated by the 29 employer. 30 (3)(a) The service of process of witness subpoenas, whether 31 in criminal cases or civil actions, shall be made as provided in 32 subsection (1). However, service of a subpoena on a witness in a 33 criminal traffic case, a misdemeanor case, or a second degree or 34 third degree felony may be made by United States mail directed 35 to the witness at the last known address, and the service must 36 be mailed at least 7 days beforeprior tothe date of the 37 witness’s required appearance. Failure of a witness to appear in 38 response to a subpoena served by United States mail that is not 39 certified may not be grounds for finding the witness in contempt 40 of court. 41 (b) A criminal witness subpoena commanding the witness to 42 appear for a court appearance may be posted by a person 43 authorized to serve process at the witness’s residence if three 44 attempts to serve the subpoena, made at different times of the 45 day or night on different dates, have failed. A criminal witness 46 subpoena commanding the witness to appear for a deposition may 47 be posted at the witness’s residence by a person authorized to 48 serve process if one attempt to serve the subpoena has failed. 49 The subpoena must be posted at least 5 days beforeprior tothe 50 date of the witness’s required appearance. 51 Section 2. Subsection (4) is added to section 810.09, 52 Florida Statutes, to read: 53 810.09 Trespass on property other than structure or 54 conveyance.— 55 (4) This section does not apply to a person who is 56 authorized to serve process pursuant to chapter 48; Rule 3.030, 57 Florida Rules of Criminal Procedure; or Rule 1.070, Florida 58 Rules of Civil Procedure if his or her entrance onto such 59 property is necessary to serve process and the process server 60 does not open a closed gate or door or cross over any fences. 61 Section 3. This act shall take effect July 1, 2014. 62 63 ================= T I T L E A M E N D M E N T ================ 64 And the title is amended as follows: 65 Delete everything before the enacting clause 66 and insert: 67 A bill to be entitled 68 An act relating to service of process; amending s. 69 48.031, F.S.; providing that certain individuals 70 authorized to serve process do not commit the offense 71 of trespass on property other than a structure or 72 conveyance and are not subject to civil liability 73 under certain circumstances; allowing the posting of a 74 criminal witness subpoena under specified 75 circumstances; amending s. 810.09, F.S.; providing 76 that the offense of trespass on property other than a 77 structure or conveyance is not applicable to certain 78 persons who are authorized to serve process under 79 certain circumstances; providing an effective date.