Bill Text: FL S0462 | 2019 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Judicial Process

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2019-04-03 - Laid on Table, companion bill(s) passed, see CS/CS/HB 91 (Ch. 2019-67) [S0462 Detail]

Download: Florida-2019-S0462-Comm_Sub.html

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       Florida Senate - 2019                       CS for CS for SB 462
       
       
        
       By the Committees on Community Affairs; and Judiciary; and
       Senator Powell
       
       
       
       
       578-02721-19                                           2019462c2
    1                        A bill to be entitled                      
    2         An act relating to judicial process; amending s.
    3         48.23, F.S.; providing that a person who acquires for
    4         value a lien on property during the course of
    5         specified legal actions takes such lien free of claims
    6         in certain circumstances; specifying the effect of a
    7         valid, recorded notice of lis pendens in certain
    8         circumstances involving a judicial sale; providing
    9         applicability; amending s. 48.021, F.S.; revising
   10         authority of special process servers; revising a
   11         cross-reference; requiring that civil witness
   12         subpoenas be served by certain persons; amending s.
   13         48.031, F.S.; revising requirements for substituted
   14         service on the spouse of the person to be served;
   15         revising requirements for documenting service of
   16         process; conforming terminology; amending s. 48.062,
   17         F.S.; revising requirements for service on limited
   18         liability companies; amending s. 48.194, F.S.;
   19         revising provisions specifying who may serve process
   20         outside of the state; revising requirements for
   21         documenting that service has been properly made
   22         outside the state; amending s. 48.21, F.S.; revising
   23         requirements for return-of-service forms; authorizing
   24         certain persons to electronically sign return-of-
   25         service forms; amending s. 316.29545, F.S.; exempting
   26         certified process servers from certain window
   27         sunscreening restrictions; providing an effective
   28         date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Paragraphs (b) and (d) of subsection (1) of
   33  section 48.23, Florida Statutes, are amended to read:
   34         48.23 Lis pendens.—
   35         (1)
   36         (b)1. An action that is filed for specific performance or
   37  that is not based on a duly recorded instrument has no effect,
   38  except as between the parties to the proceeding, on the title
   39  to, or on any lien upon, the real or personal property unless a
   40  notice of lis pendens has been recorded and has not expired or
   41  been withdrawn or discharged.
   42         2. Any person acquiring for value an interest in, or lien
   43  upon, the real or personal property during the pendency of an
   44  action described in subparagraph 1., other than a party to the
   45  proceeding or the legal successor by operation of law, or
   46  personal representative, heir, or devisee of a deceased party to
   47  the proceeding, shall take such interest or lien exempt from all
   48  claims against the property that were filed in such action by
   49  the party who failed to record a notice of lis pendens or whose
   50  notice expired or was withdrawn or discharged, and from any
   51  judgment entered in the proceeding, notwithstanding the
   52  provisions of s. 695.01, as if such person had no actual or
   53  constructive notice of the proceeding or of the claims made
   54  therein or the documents forming the causes of action against
   55  the property in the proceeding.
   56         (d) Except for the interest of persons in possession or
   57  easements of use, the recording of such notice of lis pendens,
   58  provided that during the pendency of the proceeding it has not
   59  expired pursuant to subsection (2) or been withdrawn or
   60  discharged, constitutes a bar to the enforcement against the
   61  property described in the notice of all interests and liens,
   62  including, but not limited to, federal tax liens and levies,
   63  unrecorded at the time of recording the notice unless the holder
   64  of any such unrecorded interest or lien intervenes in such
   65  proceedings within 30 days after the recording of the notice. If
   66  the holder of any such unrecorded interest or lien does not
   67  intervene in the proceedings and if such proceedings are
   68  prosecuted to a judicial sale of the property described in the
   69  notice, the property shall be forever discharged from all such
   70  unrecorded interests and liens. A valid recorded notice of lis
   71  pendens of such proceedings prosecuted to a judicial sale
   72  remains in effect through the recording of any instrument
   73  transferring title to the property pursuant to the final
   74  judgment unless it expires, is withdrawn, or it is otherwise
   75  discharged. If the notice of lis pendens expires or is withdrawn
   76  or discharged, the expiration, withdrawal, or discharge of the
   77  notice does not affect the validity of any unrecorded interest
   78  or lien.
   79         Section 2. The changes made by this act to s. 48.23,
   80  Florida Statutes, are intended to clarify existing law and shall
   81  apply to actions pending on the effective date of this act.
   82         Section 3. Subsection (1) of section 48.021, Florida
   83  Statutes, is amended to read:
   84         48.021 Process; by whom served.—
   85         (1) All process shall be served by the sheriff of the
   86  county where the person to be served is found, except initial
   87  nonenforceable civil process, criminal witness subpoenas, and
   88  criminal summonses may be served by a special process server
   89  appointed by the sheriff as provided for in this section or by a
   90  certified process server as provided for in s. 48.27 ss. 48.25
   91  48.31. Civil witness subpoenas shall may be served by any person
   92  authorized by rules of civil procedure.
   93         Section 4. Subsections (2) and (5) and paragraph (a) of
   94  subsection (6) of section 48.031, Florida Statutes, are amended
   95  to read:
   96         48.031 Service of process generally; service of witness
   97  subpoenas.—
   98         (2)(a) Substituted Substitute service may be made on the
   99  spouse of the person to be served may be made at any place in a
  100  the county by an individual authorized under s. 48.021 or s.
  101  48.27 to serve process in that county, if the cause of action is
  102  not an adversarial adversary proceeding between the spouse and
  103  the person to be served, if the spouse requests such service or
  104  the spouse is also a party to the action, and if the spouse and
  105  person to be served reside are residing together in the same
  106  dwelling, regardless of whether such dwelling is located in the
  107  county where substituted service is made.
  108         (b) Substituted Substitute service may be made on an
  109  individual doing business as a sole proprietorship at his or her
  110  place of business, during regular business hours, by serving the
  111  person in charge of the business at the time of service if two
  112  attempts to serve the owner are have been made at the place of
  113  business.
  114         (5) A person serving process shall place, on the first page
  115  only of at least one of the processes served, the date and time
  116  of service, his or her initials or signature, and, if
  117  applicable, his or her identification number and initials for
  118  all service of process. The person serving process shall list on
  119  the return-of-service form all initial pleadings delivered and
  120  served along with the process. The person requesting service or
  121  the person authorized to serve the process shall file the
  122  return-of-service form with the court.
  123         (6)(a) If the only address for a person to be served which
  124  is discoverable through public records is a private mailbox, a
  125  virtual office, or an executive office or mini suite,
  126  substituted substitute service may be made by leaving a copy of
  127  the process with the person in charge of the private mailbox,
  128  virtual office, or executive office or mini suite, but only if
  129  the process server determines that the person to be served
  130  maintains a mailbox, a virtual office, or an executive office or
  131  mini suite at that location.
  132         Section 5. Subsection (4) of section 48.062, Florida
  133  Statutes, is amended to read:
  134         48.062 Service on a limited liability company.—
  135         (4) If the address provided for the registered agent,
  136  member, or manager is a residence, a or private mailbox, a
  137  virtual office, or an executive office or mini suite, service on
  138  the domestic or foreign limited liability company, domestic or
  139  foreign, may be made by serving the registered agent, member, or
  140  manager in accordance with s. 48.031.
  141         Section 6. Subsection (1) of section 48.194, Florida
  142  Statutes, is amended to read:
  143         48.194 Personal service outside state.—
  144         (1) Except as otherwise provided herein, service of process
  145  on persons outside of this state shall be made in the same
  146  manner as service within this state by any person officer
  147  authorized to serve process in the state where the person is
  148  served. No order of court is required. A An affidavit of the
  149  officer shall be filed, stating the time, manner, and place of
  150  service. The court may consider the return-of-service form
  151  described in s. 48.21 affidavit, or any other competent
  152  evidence, in determining whether service has been properly made.
  153  Service of process on persons outside the United States may be
  154  required to conform to the provisions of the Hague Convention on
  155  the Service Abroad of Judicial and Extrajudicial Documents in
  156  Civil or Commercial Matters.
  157         Section 7. Subsection (1) of section 48.21, Florida
  158  Statutes, is amended to read:
  159         48.21 Return of execution of process.—
  160         (1) Each person who effects service of process shall note
  161  on a return-of-service form attached thereto, the date and time
  162  when it comes to hand, the date and time when it is served, the
  163  manner of service, the name of the person on whom it was served,
  164  and, if the person is served in a representative capacity, the
  165  position occupied by the person. The return-of-service form must
  166  list all pleadings served and be signed by the person who
  167  effects the service of process. However, a person who is
  168  authorized under this chapter to serve process and employed by a
  169  sheriff who effects such the service of process may sign the
  170  return-of-service form using an electronic signature certified
  171  by the sheriff.
  172         Section 8. Section 316.29545, Florida Statutes, is amended
  173  to read:
  174         316.29545 Window sunscreening exclusions; medical
  175  exemption; certain law enforcement vehicles, process server
  176  vehicles, and private investigative service vehicles exempt.—
  177         (1) The department shall issue medical exemption
  178  certificates to persons who are afflicted with Lupus, any
  179  autoimmune disease, or other medical conditions which require a
  180  limited exposure to light, which certificates shall entitle the
  181  person to whom the certificate is issued to have sunscreening
  182  material on the windshield, side windows, and windows behind the
  183  driver which is in violation of the requirements of ss.
  184  316.2951-316.2957. The department shall consult with the Medical
  185  Advisory Board established in s. 322.125 for guidance with
  186  respect to the autoimmune diseases and other medical conditions
  187  which shall be included on the form of the medical certificate
  188  authorized by this section. At a minimum, the medical exemption
  189  certificate shall include a vehicle description with the make,
  190  model, year, vehicle identification number, medical exemption
  191  decal number issued for the vehicle, and the name of the person
  192  or persons who are the registered owners of the vehicle. A
  193  medical exemption certificate shall be nontransferable and shall
  194  become null and void upon the sale or transfer of the vehicle
  195  identified on the certificate.
  196         (2) The department shall exempt all law enforcement
  197  vehicles used in undercover or canine operations from the window
  198  sunscreening requirements of ss. 316.2951-316.2957.
  199         (3) The department shall exempt from the window
  200  sunscreening restrictions of ss. 316.2953, 316.2954, and
  201  316.2956 vehicles that are owned or leased by process servers
  202  certified pursuant to s. 48.29 or by private investigators or
  203  private investigative agencies licensed under chapter 493.
  204         (4) The department may charge a fee in an amount sufficient
  205  to defray the expenses of issuing a medical exemption
  206  certificate as described in subsection (1).
  207         (5) The department is authorized to promulgate rules for
  208  the implementation of this section.
  209         Section 9. This act shall take effect upon becoming a law.