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House Bill 0935

Florida House of Representatives - 1997 HB 935 By Representative Warner 1 A bill to be entitled 2 An act relating to service of process; amending 3 s. 48.031, F.S.; providing for service upon 4 person in charge of a business at the time of 5 service; amending s. 48.183, F.S.; providing 6 for service of process in an action for 7 possession of residential premises; amending s. 8 48.27, F.S.; providing for application and fee 9 for inclusion on list of certified process 10 servers; authorizing certain service when a 11 civil action has been filed in a circuit or 12 county court in the state; amending s. 55.03, 13 F.S., relating to docketing and indexing of 14 civil process generally; providing an exception 15 from certain docketing and indexing or 16 collection requirements when rate of interest 17 is not on the face of the process, writ, 18 judgment, or decree; amending s. 56.27, F.S., 19 relating to payment to execution creditor of 20 money collected; providing for payment to a 21 junior writ of certain surplus moneys 22 collected; amending s. 56.28, F.S.; requiring 23 written demand by plaintiff as a condition for 24 officer's liability to pay over within 10 days 25 certain moneys collected; providing an 26 effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Paragraph (b) of subsection (2) of section 31 48.031, Florida Statutes, is amended to read: 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 935 514-153A-97 1 48.031 Service of process generally; service of 2 witness subpoenas.-- 3 (2) 4 (b) Substitute service may be made on an individual 5 doing business as a sole proprietorship at his or her place of 6 business, during regular business hours, by serving the person 7 in charge of the business at the time of service manager of 8 the business if one or more attempts to serve the owner have 9 been made at the place of business. 10 Section 2. Subsection (1) of section 48.183, Florida 11 Statutes, is amended to read: 12 48.183 Service of process in action for possession of 13 premises.-- 14 (1) In an action for possession of residential 15 premises under s. 83.59 or nonresidential premises, if the 16 tenant cannot be found in the county or there is no person 15 17 years of age or older residing at the tenant's usual place of 18 abode in the county after at least two attempts to obtain 19 service as provided above in this subsection, summons may be 20 served by attaching a copy to a conspicuous place on the 21 property described in the complaint or summons. The minimum 22 time delay between the two attempts to obtain service shall be 23 6 hours. Nothing herein shall be construed as prohibiting 24 service of process on a tenant as is otherwise provided on 25 defendants in civil cases. 26 Section 3. Section 48.27, Florida Statutes, is amended 27 to read: 28 48.27 Certified process servers.-- 29 (1) The chief judge of each judicial circuit may 30 establish an approved list of natural persons designated as 31 certified process servers. The chief judge may periodically 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 935 514-153A-97 1 add to such list the names of those natural persons who have 2 met the requirements for certification provided for in s. 3 48.29. Each person whose name has been added to the approved 4 list is subject to annual recertification and reappointment by 5 the chief judge of a judicial circuit. The chief judge shall 6 prescribe appropriate forms for application for inclusion on 7 the list of certified process servers. A reasonable fee for 8 the processing of any such application shall be charged. 9 (2) The addition of a person's name to the list 10 authorizes him or her to serve initial nonenforceable civil 11 process on a person found within the circuit where the process 12 server is certified when a civil action has been filed against 13 such person in a the circuit court or in a county court in the 14 state circuit. Upon filing an action in circuit or county 15 court, a person may select from the list for the circuit where 16 the process is to be served one or more certified process 17 servers to serve initial nonenforceable civil process. 18 (3) Nothing herein shall be interpreted to exclude a 19 sheriff or deputy or other person appointed by the sheriff 20 pursuant to s. 48.021 from serving process or to exclude a 21 person from appointment by individual motion and order to 22 serve process in any civil action in accordance with Rule 23 1.070(b) of the Florida Rules of Civil Procedure. 24 Section 4. Subsection (3) is added to section 55.03, 25 Florida Statutes, to read: 26 55.03 Judgments; rate of interest, generally.-- 27 (3) No sheriff shall be required to docket and index 28 or collect on any process, writ, judgment, or decree described 29 in subsection (2) if the rate of interest is not on the face 30 of the process, writ, judgment, or decree. 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 935 514-153A-97 1 Section 5. Section 56.27, Florida Statutes, is amended 2 to read: 3 56.27 Executions; payment to execution creditor of 4 money collected.--All money received under executions shall be 5 paid to the party in whose favor the execution was issued or 6 his or her attorney. The receipt of the attorney shall be a 7 release of the officer paying the money to him or her. When 8 the name of more than one attorney appears in the court file, 9 the money shall be paid to the attorney who originally 10 commenced the action or who made the original defense unless 11 the file shows that another attorney has been substituted. 12 When property sold under execution brings more than the amount 13 of the execution, the surplus must shall be paid to defendant 14 or, if there is another writ against the defendant docketed 15 and indexed with the sheriff, the surplus must be paid to the 16 junior writ without delay. 17 Section 6. Section 56.28, Florida Statutes, is amended 18 to read: 19 56.28 Executions; failure of officer to pay over 20 moneys collected.--If any officer collecting money under 21 execution fails shall fail or refuses refuse to pay it over 22 within 30 days after it has shall have been received by him or 23 her, or within 10 days after demand made by the plaintiff or 24 his or her attorney of record made in writing and delivered 25 during regular business hours to the civil process bureau, the 26 officer is shall be liable to pay the same and 20 percent 27 damages, to be recovered by motion in court. 28 Section 7. This act shall take effect October 1, 1997. 29 30 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 935 514-153A-97 1 ***************************************** 2 HOUSE SUMMARY 3 Provides for service of process upon a person in charge 4 of a business at the time of service. Provides for service of process in an action for possession of 5 residential premises. Provides for application and fee for inclusion on list of certified process servers. 6 Authorizes certain service when a civil action has been filed in a county court in the state. Provides an 7 exception from certain docketing and indexing or collection requirements when the rate of interest is not 8 on the face of the process, writ, judgment, or decree. Provides for payment to execution creditor of money 9 collected. Provides for payment to a junior writ of certain surplus moneys collected. Requires written 10 demand by plaintiff as a condition for officer's liability to pay over within 10 days certain moneys 11 collected. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5