| 1 | A bill to be entitled |
| 2 | An act relating to paternity actions; amending s. 49.011, |
| 3 | F.S.; providing for service of process by publication in |
| 4 | certain paternity actions; amending s. 409.257, F.S.; |
| 5 | permitting service of process and orders by publication |
| 6 | upon legal fathers in paternity actions if specified |
| 7 | requirements are met; amending s. 742.09, F.S.; providing |
| 8 | an exception to a ban on publishing names in paternity |
| 9 | proceedings for service by publication; updating |
| 10 | terminology; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (15) is added to section 49.011, |
| 15 | Florida Statutes, to read: |
| 16 | 49.011 Service of process by publication; cases in which |
| 17 | allowed.--Service of process by publication may be made in any |
| 18 | court on any person mentioned in s. 49.021 in any action or |
| 19 | proceeding: |
| 20 | (15) To determine paternity, but only as to the legal |
| 21 | father in a paternity action in which another man is alleged to |
| 22 | be the child's biological father. |
| 23 | Section 2. Section 409.257, Florida Statutes, is amended |
| 24 | to read: |
| 25 | 409.257 Service of process.-- |
| 26 | (1)(a) The service of initial process and orders in |
| 27 | lawsuits filed by the department, under ss. 409.2551-409.2598 |
| 28 | this act, shall be served by the sheriff in the county where the |
| 29 | person to be served may be found or, if determined more |
| 30 | effective by the department, by any means permitted under |
| 31 | chapter 48 for service of process in a civil action. The sheriff |
| 32 | shall be reimbursed at the prevailing rate of federal financial |
| 33 | participation for service of process and orders as allowed by |
| 34 | law. The sheriff shall bill the department monthly as provided |
| 35 | for in s. 30.51(2). |
| 36 | (b) In addition, Process and orders may also be served or |
| 37 | executed by authorized agents of the department at the |
| 38 | department's discretion,; provided that the agent of the |
| 39 | department does not take any action against personal property, |
| 40 | real property, or persons. |
| 41 | (2) The department may serve process and orders upon a |
| 42 | legal father by publication as provided in chapter 49 in any |
| 43 | action or proceeding to determine paternity, provided that a |
| 44 | diligent search and inquiry concerning the legal father has been |
| 45 | made as required by s. 49.041. |
| 46 | (3) Notices and other intermediate process, except witness |
| 47 | subpoenas, shall be served by the department as provided for in |
| 48 | the Florida Rules of Civil Procedure. |
| 49 | (4) Witness subpoenas shall be served by the department by |
| 50 | United States mail as provided for in s. 48.031(3). |
| 51 | Section 3. Section 742.09, Florida Statutes, is amended to |
| 52 | read: |
| 53 | 742.09 Publishing names; penalty.--Except for service of |
| 54 | process by publication under chapter 49, it shall be unlawful |
| 55 | for the owner, publisher, manager, or operator of any newspaper, |
| 56 | magazine, broadcast outlet radio station, or other publication |
| 57 | of any kind whatsoever, or any other person responsible |
| 58 | therefor, or any radio broadcaster, to publish the name of any |
| 59 | of the parties to any court proceeding instituted or prosecuted |
| 60 | under this chapter act; and any person violating this provision |
| 61 | commits shall be guilty of a misdemeanor of the first degree, |
| 62 | punishable as provided in s. 775.082 or s. 775.083. |
| 63 | Section 4. This act shall take effect July 1, 2007. |