Senate Bill sb1682

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1682

    By Senator Lawson





    6-1045-07                                           See HB 253

  1                      A bill to be entitled

  2         An act relating to paternity actions; amending

  3         s. 49.011, F.S.; providing for service of

  4         process by publication in certain paternity

  5         actions; amending s. 409.257, F.S.; permitting

  6         service of process and orders by publication

  7         upon legal fathers in paternity actions if

  8         specified requirements are met; amending s.

  9         742.09, F.S.; providing an exception to a ban

10         on publishing names in paternity proceedings

11         for service by publication; updating

12         terminology; providing an effective date.

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

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16         Section 1.  Subsection (15) is added to section 49.011,

17  Florida Statutes, to read:

18         49.011  Service of process by publication; cases in

19  which allowed.--Service of process by publication may be made

20  in any court on any person mentioned in s. 49.021 in any

21  action or proceeding:

22         (15)  To determine paternity, but only as to the legal

23  father in a paternity action in which another man is alleged

24  to be the child's biological father.

25         Section 2.  Section 409.257, Florida Statutes, is

26  amended to read:

27         409.257  Service of process.--

28         (1)(a)  The service of initial process and orders in

29  lawsuits filed by the department, under ss. 409.2551-409.2598

30  this act, shall be served by the sheriff in the county where

31  the person to be served may be found or, if determined more

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    Florida Senate - 2007                                  SB 1682
    6-1045-07                                           See HB 253




 1  effective by the department, by any means permitted under

 2  chapter 48 for service of process in a civil action. The

 3  sheriff shall be reimbursed at the prevailing rate of federal

 4  financial participation for service of process and orders as

 5  allowed by law. The sheriff shall bill the department monthly

 6  as provided for in s. 30.51(2).

 7         (b)  In addition, Process and orders may also be served

 8  or executed by authorized agents of the department at the

 9  department's discretion,; provided that the agent of the

10  department does not take any action against personal property,

11  real property, or persons.

12         (2)  The department may serve process and orders upon a

13  legal father by publication as provided in chapter 49 in any

14  action or proceeding to determine paternity, provided that a

15  diligent search and inquiry concerning the legal father has

16  been made as required by s. 49.041.

17         (3)  Notices and other intermediate process, except

18  witness subpoenas, shall be served by the department as

19  provided for in the Florida Rules of Civil Procedure.

20         (4)  Witness subpoenas shall be served by the

21  department by United States mail as provided for in s.

22  48.031(3).

23         Section 3.  Section 742.09, Florida Statutes, is

24  amended to read:

25         742.09  Publishing names; penalty.--Except for service

26  of process by publication under chapter 49, it shall be

27  unlawful for the owner, publisher, manager, or operator of any

28  newspaper, magazine, broadcast outlet radio station, or other

29  publication of any kind whatsoever, or any other person

30  responsible therefor, or any radio broadcaster, to publish the

31  name of any of the parties to any court proceeding instituted

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    Florida Senate - 2007                                  SB 1682
    6-1045-07                                           See HB 253




 1  or prosecuted under this chapter act; and any person violating

 2  this provision commits shall be guilty of a misdemeanor of the

 3  first degree, punishable as provided in s. 775.082 or s.

 4  775.083.

 5         Section 4.  This act shall take effect July 1, 2007.

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