Senate Bill sb0222

    Florida Senate - 2004                                   SB 222

    By Senator Crist





    12-280-04

  1                      A bill to be entitled

  2         An act relating to service of process; amending

  3         s. 48.031, F.S.; deleting the requirement to

  4         use certified mail in service of a subpoena on

  5         a witness in specified types of cases; allowing

  6         the posting of a criminal witness subpoena

  7         under specified conditions; amending s. 83.13,

  8         F.S.; allowing the party who had a distress

  9         writ issued to deliver the writ to a sheriff in

10         another county; providing an effective date.

11  

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

13  

14         Section 1.  Subsection (3) of section 48.031, Florida

15  Statutes, is amended to read:

16         48.031  Service of process generally; service of

17  witness subpoenas.--

18         (3)(a)  The service of process of witness subpoenas,

19  whether in criminal cases or civil actions, shall is to be

20  made as provided in subsection (1). However, service of a

21  subpoena on a witness in a criminal traffic case, a

22  misdemeanor case, or a second degree or third degree felony

23  may be made by certified United States mail directed to the

24  witness at the last known address, and the such service must

25  be mailed at least 7 days prior to the date of the witness's

26  required appearance.

27         (b)  After three attempts have been made at different

28  times of the day or night to serve a criminal witness subpoena

29  at the witness's residence, a criminal witness subpoena may be

30  posted. The posting must be done at least 5 days before the

31  date of the witness's required appearance.

                                  1

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






    Florida Senate - 2004                                   SB 222
    12-280-04




 1         Section 2.  Section 83.13, Florida Statutes, is amended

 2  to read:

 3         83.13  Levy of writ.--The sheriff shall execute the

 4  writ by service on defendant and, upon the order of the court,

 5  by levy on property distrainable for rent or advances, if

 6  found in the sheriff's jurisdiction. If the property is not so

 7  found but is in another jurisdiction, the party who had the

 8  writ issued sheriff shall deliver the writ to the proper

 9  sheriff in the other jurisdiction; and the other sheriff shall

10  execute the writ, upon order of the court, by levying on the

11  property and delivering it to the sheriff of the county in

12  which the action is pending, to be disposed of according to

13  law, unless he or she is ordered by the court from which the

14  writ emanated to hold the property and dispose of it in his or

15  her jurisdiction according to law. If the plaintiff shows by a

16  sworn statement that the defendant cannot be found within the

17  state, the levy on the property suffices as service on the

18  defendant.

19         Section 3.  This act shall take effect July 1, 2004.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Allows the use of regular, not certified, mail in the
      service of a subpoena on a witness in a criminal traffic
24    case, a misdemeanor case, or a second-degree or
      third-degree felony. Allows a criminal witness subpoena
25    to be posted after specified attempts at delivery have
      failed. Allows a party who has a distress writ issued to
26    deliver the writ to a sheriff in another county, rather
      than requiring delivery to be made by a sheriff.
27  

28  

29  

30  

31  

                                  2

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