Bill Text: FL S0912 | 2014 | Regular Session | Comm Sub

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Bill Title: Service of Process

Spectrum: Bipartisan Bill

Status: (Failed) 2014-05-02 - Died in Criminal Justice, companion bill(s) passed, see HB 627 (Ch. 2014-207) [S0912 Detail]

Download: Florida-2014-S0912-Comm_Sub.html

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       Florida Senate - 2014                              CS for SB 912
       
       
        
       By the Committee on Judiciary; and Senator Dean
       
       
       
       
       
       590-02437-14                                           2014912c1
    1                        A bill to be entitled                      
    2         An act relating to service of process; amending s.
    3         48.031, F.S.; providing that certain individuals
    4         authorized to serve process do not commit the offense
    5         of trespass on property other than a structure or
    6         conveyance and are not subject to civil liability
    7         under certain circumstances; allowing the posting of a
    8         criminal witness subpoena under specified
    9         circumstances; amending s. 810.09, F.S.; providing
   10         that the offense of trespass on property other than a
   11         structure or conveyance is not applicable to certain
   12         persons who are authorized to serve process under
   13         certain circumstances; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsections (1) and (3) of section 48.031,
   18  Florida Statutes, are amended to read:
   19         48.031 Service of process generally; service of witness
   20  subpoenas.—
   21         (1)(a) Service of original process is made by delivering a
   22  copy of it to the person to be served with a copy of the
   23  complaint, petition, or other initial pleading or paper or by
   24  leaving the copies at his or her usual place of abode with any
   25  person residing therein who is 15 years of age or older and
   26  informing the person of their contents. A minor Minors who is
   27  are or has have been married is shall be served as provided in
   28  this section.
   29         (b) An individual authorized to serve process pursuant to
   30  this chapter; Rule 3.030, Florida Rules of Criminal Procedure;
   31  or Rule 1.070, Florida Rules of Civil Procedure does not commit
   32  the offense of trespass on property other than a structure or
   33  conveyance under s. 810.09 and is not subject to civil liability
   34  if his or her entrance onto such property is necessary to serve
   35  process and the process server does not open a closed gate or
   36  door or cross over any fences.
   37         (c)(b) An employer Employers, when contacted by an
   38  individual authorized to serve make service of process, shall
   39  allow permit the authorized individual to serve an employee make
   40  service on employees in a private area designated by the
   41  employer.
   42         (3)(a) The service of process of witness subpoenas, whether
   43  in criminal cases or civil actions, shall be made as provided in
   44  subsection (1). However, service of a subpoena on a witness in a
   45  criminal traffic case, a misdemeanor case, or a second degree or
   46  third degree felony may be made by United States mail directed
   47  to the witness at the last known address, and the service must
   48  be mailed at least 7 days before prior to the date of the
   49  witness’s required appearance. Failure of a witness to appear in
   50  response to a subpoena served by United States mail that is not
   51  certified may not be grounds for finding the witness in contempt
   52  of court.
   53         (b) A criminal witness subpoena commanding the witness to
   54  appear for a court appearance may be posted by a person
   55  authorized to serve process at the witness’s residence if three
   56  attempts to serve the subpoena, made at different times of the
   57  day or night on different dates, have failed. A criminal witness
   58  subpoena commanding the witness to appear for a deposition may
   59  be posted at the witness’s residence by a person authorized to
   60  serve process if one attempt to serve the subpoena has failed.
   61  The subpoena must be posted at least 5 days before prior to the
   62  date of the witness’s required appearance.
   63         Section 2. Subsection (4) is added to section 810.09,
   64  Florida Statutes, to read:
   65         810.09 Trespass on property other than structure or
   66  conveyance.—
   67         (4) This section does not apply to a person who is
   68  authorized to serve process pursuant to chapter 48; Rule 3.030,
   69  Florida Rules of Criminal Procedure; or Rule 1.070, Florida
   70  Rules of Civil Procedure if his or her entrance onto such
   71  property is necessary to serve process and the process server
   72  does not open a closed gate or door or cross over any fences.
   73         Section 3. This act shall take effect July 1, 2014.