Senate Bill 1244c1

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    Florida Senate - 1998                           CS for SB 1244

    By the Committee on Judiciary and Senator Burt





    308-1884-98

  1                      A bill to be entitled

  2         An act relating to legal process; amending s.

  3         48.031, F.S., relating to service upon a sole

  4         proprietorship; providing that substitute

  5         service may be made upon person in charge of

  6         the business at the time of service, under

  7         specified circumstances; amending s. 48.183,

  8         F.S.; providing for service of process in an

  9         action for possession of residential premises;

10         amending s. 48.27, F.S.; providing for

11         application and fee for inclusion on list of

12         certified process servers; authorizing certain

13         service when a civil action has been filed in a

14         circuit or county court in the state; amending

15         s. 55.03, F.S., relating to docketing and

16         indexing of civil process generally; revising

17         provisions relating to rate of interest;

18         providing an exception from certain docketing

19         and indexing or collection requirements when

20         rate of interest is not on the face of the

21         process, writ, judgment, or decree; amending s.

22         56.27, F.S., relating to payment to execution

23         creditor of money collected; providing for

24         payment to a junior writ of certain surplus

25         moneys collected; amending s. 56.28, F.S.;

26         requiring written demand by plaintiff as a

27         condition for officer's liability to pay over

28         within 10 days certain moneys collected;

29         providing an effective date.

30

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 1998                           CS for SB 1244
    308-1884-98




  1         Section 1.  Paragraph (b) of subsection (2) of section

  2  48.031, Florida Statutes, is amended to read:

  3         48.031  Service of process generally; service of

  4  witness subpoenas.--

  5         (2)

  6         (b)  Substitute service may be made on an individual

  7  doing business as a sole proprietorship at his or her place of

  8  business, during regular business hours, by serving the person

  9  in charge manager of the business at the time of service if

10  two one or more attempts to serve the owner have been made at

11  the place of business.

12         Section 2.  Subsection (1) of section 48.183, Florida

13  Statutes, is amended to read:

14         48.183  Service of process in action for possession of

15  premises.--

16         (1)  In an action for possession of residential

17  premises under s. 83.59 or nonresidential premises, if the

18  tenant cannot be found in the county or there is no person 15

19  years of age or older residing at the tenant's usual place of

20  abode in the county after at least two attempts to obtain

21  service as provided above in this subsection, summons may be

22  served by attaching a copy to a conspicuous place on the

23  property described in the complaint or summons. The minimum

24  time delay between the two attempts to obtain service shall be

25  6 hours. Nothing herein shall be construed as prohibiting

26  service of process on a tenant as is otherwise provided on

27  defendants in civil cases.

28         Section 3.  Section 48.27, Florida Statutes, is amended

29  to read:

30         48.27  Certified process servers.--

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    Florida Senate - 1998                           CS for SB 1244
    308-1884-98




  1         (1)  The chief judge of each judicial circuit may

  2  establish an approved list of natural persons designated as

  3  certified process servers.  The chief judge may periodically

  4  add to such list the names of those natural persons who have

  5  met the requirements for certification provided for in s.

  6  48.29.  Each person whose name has been added to the approved

  7  list is subject to annual recertification and reappointment by

  8  the chief judge of a judicial circuit. The chief judge shall

  9  prescribe appropriate forms for application for inclusion on

10  the list of certified process servers. A reasonable fee for

11  the processing of any such application must be charged.

12         (2)  The addition of a person's name to the list

13  authorizes him or her to serve initial nonenforceable civil

14  process on a person found within the circuit where the process

15  server is certified when a civil action has been filed against

16  such person in any the circuit court or in any a county court

17  in the state circuit.  Upon filing an action in circuit or

18  county court, a person may select from the list for the

19  circuit where the process is to be served one or more

20  certified process servers to serve initial nonenforceable

21  civil process.

22         (3)  Nothing herein shall be interpreted to exclude a

23  sheriff or deputy or other person appointed by the sheriff

24  pursuant to s. 48.021 from serving process or to exclude a

25  person from appointment by individual motion and order to

26  serve process in any civil action in accordance with Rule

27  1.070(b) of the Florida Rules of Civil Procedure.

28         Section 4.  Section 55.03, Florida Statutes, is amended

29  to read:

30         55.03  Judgments; rate of interest, generally.--

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    Florida Senate - 1998                           CS for SB 1244
    308-1884-98




  1         (1)  On December 1 of each year beginning December 1,

  2  1994, the Comptroller of the State of Florida shall set the

  3  rate of interest that shall be payable on judgments or decrees

  4  for the year beginning January 1 by averaging the discount

  5  rate of the Federal Reserve Bank of New York for the preceding

  6  year, then adding 500 basis points to the averaged federal

  7  discount rate. The Comptroller shall inform the clerk of the

  8  courts and chief judge for each judicial circuit of the rate

  9  that has been established for the upcoming year. The initial

10  interest rate established by the Comptroller shall take effect

11  on January 1, 1995, and the interest rate established by the

12  Comptroller in subsequent years shall take effect on January 1

13  of each following year. Judgments obtained on or after January

14  1, 1995, shall use the previous statutory rate for time

15  periods before January 1, 1995, for which interest is due and

16  shall apply the rate set by the Comptroller for time periods

17  after January 1, 1995, for which interest is due. Nothing

18  contained herein shall affect a rate of interest established

19  by written contract or obligation.

20         (2)  Any judgment for money damages or order for a

21  judicial sale and any process or, writ, judgment, or decree

22  which is directed to a sheriff for the sheriffs of the state

23  to be dealt with as execution shall bear, on its the face of

24  the process, writ, judgment, or decree, the rate of interest

25  that is payable on which it shall accrue from the date of the

26  judgment until payment. The rate of interest stated in the

27  judgment accrues on the judgment until it is paid.

28         (3)  The interest rate established at the time a

29  judgment is obtained shall remain the same until the judgment

30  is paid.

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    Florida Senate - 1998                           CS for SB 1244
    308-1884-98




  1         (4)  A sheriff shall not be required to docket and

  2  index or collect on any process, writ, judgment, or decree,

  3  described in subsection (2), and entered after the effective

  4  date of this act, unless such process, writ, judgment, or

  5  decree indicates the rate of interest.  For purposes of this

  6  subsection, if the process, writ, judgment, or decree refers

  7  to the statutory rate of interest described in subsection (1),

  8  such reference shall be deemed to indicate the rate of

  9  interest.

10         Section 5.  Section 56.27, Florida Statutes, is amended

11  to read:

12         56.27  Executions; payment to execution creditor of

13  money collected.--All money received under executions shall be

14  paid to the party in whose favor the execution was issued or

15  his or her attorney. The receipt of the attorney shall be a

16  release of the officer paying the money to him or her.  When

17  the name of more than one attorney appears in the court file,

18  the money shall be paid to the attorney who originally

19  commenced the action or who made the original defense unless

20  the file shows that another attorney has been substituted.

21  When property sold under execution brings more than the amount

22  of the execution, the surplus must shall be paid to the

23  defendant or, if there is another writ against the defendant

24  docketed and indexed with the sheriff, the surplus must be

25  paid to the junior writ without a delay.

26         Section 6.  Section 56.28, Florida Statutes, is amended

27  to read:

28         56.28  Executions; failure of officer to pay over

29  moneys collected.--If any officer collecting money under

30  execution fails shall fail or refuses refuse to pay it over

31  within 30 days after it has shall have been received by him or

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    Florida Senate - 1998                           CS for SB 1244
    308-1884-98




  1  her, or within 10 days after demand made by the plaintiff or

  2  his or her attorney of record made in writing and delivered

  3  during regular business hours to the civil process bureau, the

  4  officer is shall be liable to pay the same and 20 percent

  5  damages, to be recovered by motion in court.

  6         Section 7.  This act shall take effect October 1, 1998.

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  8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  9                         Senate Bill 1244

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11  The Committee Substitute for Senate Bill 1244 deletes the
    proposed changes to contractual interest rates on judgments
12  and requires that two attempts, instead of one, be made to
    serve the owner of a business prior to substitute service on
13  the business manager.

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