Bill Text: FL H0059 | 2011 | Regular Session | Engrossed

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Bill Title: Service of Process

Spectrum: Moderate Partisan Bill (Republican 15-2-1)

Status: (Engrossed - Dead) 2011-05-03 - Ordered enrolled -HJ 1101 [H0059 Detail]

Download: Florida-2011-H0059-Engrossed.html

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CS/HB 59

1	A bill to be entitled
2	An act relating to service of process; amending s. 30.231,
3	F.S.; authorizing a sheriff to charge a fee for processing
4	a writ of execution; authorizing a person to provide the
5	sheriff with an electronic copy of a process for service;
6	amending s. 48.031, F.S.; directing a process server to
7	place required information on the first page of at least
8	one of the processes served; requiring a process server to
9	list all initial pleadings delivered and served along with
10	the process on the return-of-service form; requiring the
11	person issuing the process to file the return-of-service
12	form with the court; granting authorized process servers
13	unannounced access to specified residential areas where a
14	defendant or witness resides or is known to be; amending
15	s. 48.081, F.S.; authorizing a person attempting to serve
16	process on the registered agent of a corporation to serve
17	the process, in specified circumstances, on any employee
18	of the registered agent during the first attempt at
19	service even if the registered agent is temporarily absent
20	from his or her office; amending s. 48.151, F.S.; revising
21	the number of copies of process that must be served on
22	statutory agents for certain persons; providing that
23	records may be retained as paper or electronic copies;
24	amending s. 48.21, F.S.; requiring a process server to
25	sign the return-of-service form; authorizing an employee
26	of a sheriff to sign a return-of-service form
27	electronically; providing that the failure to sign a
28	return-of-service form invalidates the service and
29	subjects the process server to a fine; amending s. 48.29,
30	F.S.; directing a process server to place required
31	information on the first page of at least one of the
32	processes served; amending s. 624.423, F.S.; reducing the
33	number of copies to be served on the Chief Financial
34	Officer or an assistant as process agent of an insurer;
35	providing that records may be retained as paper or
36	electronic copies; providing an effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Paragraph (d) of subsection (1) and subsection
41	(3) of section 30.231, Florida Statutes, are amended to read:
42	30.231  Sheriffs' fees for service of summons, subpoenas,
43	and executions.-
44	(1)  The sheriffs of all counties of the state in civil
45	cases shall charge fixed, nonrefundable fees for docketing and
46	service of process, according to the following schedule:
47	(d)  Executions:
48	1.  Forty dollars for processing docketing and indexing
49	each writ of execution, regardless of the number of persons
50	involved.
51	2.  Fifty dollars for each levy.
52	a.  A levy is considered made when any property or any
53	portion of the property listed or unlisted in the instructions
54	for levy is seized, or upon demand of the sheriff the writ is
55	satisfied by the defendant in lieu of seizure. Seizure requires
56	that the sheriff take actual possession, if practicable, or,
57	alternatively, constructive possession of the property by order
58	of the court.
59	b.  When the instructions are for levy upon real property,
60	a levy fee is required for each parcel described in the
61	instructions.
62	c.  When the instructions are for levy based upon personal
63	property, one fee is allowed, unless the property is seized at
64	different locations, conditional upon all of the items being
65	advertised collectively and the sale being held at a single
66	location. However, if the property seized cannot be sold at one
67	location during the same sale as advertised, but requires
68	separate sales at different locations, the sheriff is then
69	authorized to impose a levy fee for the property and sale at
70	each location.
71	3.  Forty dollars for advertisement of sale under process.
72	4.  Forty dollars for each sale under process.
73	5.  Forty dollars for each deed, bill of sale, or
74	satisfaction of judgment.
75	(3)  It shall be the responsibility of The party requesting
76	service of process must to furnish to the sheriff the original
77	process, or a certified copy of the process, or an electronic
78	copy of the process, which was signed and certified by the clerk
79	of court, and sufficient copies to be served on the parties
80	receiving the service of process. The party requesting service
81	of process shall provide the sheriff with the best known address
82	where the person may be served. Failure to perfect service at
83	the address provided does not excuse the sheriff from his or her
84	duty to exercise due diligence in locating the person to be
85	served.
86	Section 2.  Subsection (5) of section 48.031, Florida
87	Statutes, is amended, and subsection (7) is added to that
88	section, to read:
89	48.031  Service of process generally; service of witness
90	subpoenas.-
91	(5)  A person serving process shall place, on the first
92	page of at least one of the processes copy served, the date and
93	time of service and his or her identification number and
94	initials for all service of process. The person serving process
95	shall list on the return-of-service form all initial pleadings
96	delivered and served along with the process. The person issuing
97	the process shall file the return-of-service form with the
98	court.
99	(7)  A gated residential community, including a condominium
100	association or a cooperative, shall grant unannounced entry into
101	the community, including its common areas and common elements,
102	to a person who is attempting to serve process on a defendant or
103	witness who resides within or is known to be within the
104	community.
105	Section 3.  Paragraph (a) of subsection (3) of section
106	48.081, Florida Statutes, is amended to read:
107	48.081  Service on corporation.-
108	(3)(a)  As an alternative to all of the foregoing, process
109	may be served on the agent designated by the corporation under
110	s. 48.091. However, if service cannot be made on a registered
111	agent because of failure to comply with s. 48.091, service of
112	process shall be permitted on any employee at the corporation's
113	principal place of business or on any employee of the registered
114	agent. A person attempting to serve process pursuant to this
115	paragraph may serve the process on any employee of the
116	registered agent during the first attempt at service even if the
117	registered agent is temporarily absent from his or her office.
118	Section 4.  Subsection (1) of section 48.151, Florida
119	Statutes, is amended, and subsection (6) is added to that
120	section, to read:
121	48.151  Service on statutory agents for certain persons.-
122	(1)  When any law designates a public officer, board,
123	agency, or commission as the agent for service of process on any
124	person, firm, or corporation, service of process thereunder
125	shall be made by leaving one copy two copies of the process with
126	the public officer, board, agency, or commission or in the
127	office thereof, or by mailing one copy said copies to the public
128	officer, board, agency, or commission. The public officer,
129	board, agency, or commission so served shall retain a record
130	file one copy in his or her or its records and promptly send the
131	other copy served, by registered or certified mail, to the
132	person to be served as shown by his or her or its records. Proof
133	of service on the public officer, board, agency, or commission
134	shall be by a notice accepting the process which shall be issued
135	by the public officer, board, agency, or commission promptly
136	after service and filed in the court issuing the process. The
137	notice accepting service shall state the date upon which the
138	copy of the process was mailed by the public officer, board,
139	agency, or commission to the person being served and the time
140	for pleading prescribed by the rules of procedure shall run from
141	this date. The service is valid service for all purposes on the
142	person for whom the public officer, board, agency, or commission
143	is statutory agent for service of process.
144	(6)  For purposes of this section, records may be retained
145	as paper or electronic copies.
146	Section 5.  Section 48.21, Florida Statutes, is amended to
147	read:
148	48.21  Return of execution of process.-
149	(1)  Each person who effects service of process shall note
150	on a return-of-service form attached thereto, the date and time
151	when it comes to hand, the date and time when it is served, the
152	manner of service, the name of the person on whom it was served
153	and, if the person is served in a representative capacity, the
154	position occupied by the person. The return-of-service form must
155	be signed by the person who effects the service of process.
156	However, a person employed by a sheriff who effects the service
157	of process may sign the return-of-service form using an
158	electronic signature certified by the sheriff.
159	(2)  A failure to state the foregoing facts or to include
160	the signature required by subsection (1) invalidates the
161	service, but the return is amendable to state the facts or to
162	include the signature truth at any time on application to the
163	court from which the process issued. On amendment, service is as
164	effective as if the return had originally stated the omitted
165	facts or included the signature. A failure to state all the
166	facts in or to include the signature on the return shall subject
167	the person effecting service to a fine not exceeding $10, in the
168	court's discretion.
169	Section 6.  Subsection (6) of section 48.29, Florida
170	Statutes, is amended to read:
171	48.29  Certification of process servers.-
172	(6)  A certified process server shall place the information
173	required provided in s. 48.031(5) on the first page of at least
174	one of the processes copy served. Return of service shall be
175	made by a certified process server on a form which has been
176	reviewed and approved by the court.
177	Section 7.  Subsection (1) of section 624.423, Florida
178	Statutes, is amended to read:
179	624.423  Serving process.-
180	(1)  Service of process upon the Chief Financial Officer as
181	process agent of the insurer (under s. 624.422) shall be made by
182	serving a copy copies in triplicate of the process upon the
183	Chief Financial Officer or upon her or his assistant, deputy, or
184	other person in charge of her or his office. Upon receiving such
185	service, the Chief Financial Officer shall retain a record file
186	one copy in her or his office, return one copy with her or his
187	admission of service, and promptly forward one copy of the
188	process by registered or certified mail to the person last
189	designated by the insurer to receive the same, as provided under
190	s. 624.422(2). For purposes of this section, records may be
191	retained as paper or electronic copies.
192	Section 8.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.