Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS for SB 328
Barcode 161648
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
05/03/2011 03:34 PM .
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Senator Margolis moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 110 and 111
4 insert:
5 Section 4. Section 48.151, Florida Statutes is amended to
6 read:
7 48.151 Service on statutory agents for certain persons.—
8 (1) When any law designates a public officer, board,
9 agency, or commission as the agent for service of process on any
10 person, firm, or corporation, service of process thereunder
11 shall be made by leaving one copy two copies of the process with
12 the public officer, board, agency, or commission or in the
13 office thereof, or by mailing one copy said copies to the public
14 officer, board, agency, or commission. The public officer,
15 board, agency, or commission so served shall retain a record of
16 the process file one copy in his or her or its records and
17 promptly send the other copy, by registered or certified mail,
18 to the person to be served as shown by his or her or its
19 records. Proof of service on the public officer, board, agency,
20 or commission shall be by a notice accepting the process which
21 shall be issued by the public officer, board, agency, or
22 commission promptly after service and filed in the court issuing
23 the process. The notice accepting service shall state the date
24 upon which the copy of the process was mailed by the public
25 officer, board, agency, or commission to the person being served
26 and the time for pleading prescribed by the rules of procedure
27 shall run from this date. The service is valid service for all
28 purposes on the person for whom the public officer, board,
29 agency, or commission is statutory agent for service of process.
30 (2) This section does not apply to substituted service of
31 process on nonresidents.
32 (3) The Chief Financial Officer or his or her assistant or
33 deputy or another person in charge of the office is the agent
34 for service of process on all insurers applying for authority to
35 transact insurance in this state, all licensed nonresident
36 insurance agents, all nonresident disability insurance agents
37 licensed pursuant to s. 626.835, any unauthorized insurer under
38 s. 626.906 or s. 626.937, domestic reciprocal insurers,
39 fraternal benefit societies under chapter 632, warranty
40 associations under chapter 634, prepaid limited health service
41 organizations under chapter 636, and persons required to file
42 statements under s. 628.461.
43 (4) The Director of the Office of Financial Regulation of
44 the Financial Services Commission is the agent for service of
45 process for any issuer as defined in s. 517.021, or any dealer,
46 investment adviser, or associated person registered with that
47 office, for any violation of any provision of chapter 517.
48 (5) The Secretary of State is the agent for service of
49 process for any retailer, dealer or vendor who has failed to
50 designate an agent for service of process as required under s.
51 212.151 for violations of chapter 212.
52 (6) For purposes of this section, records may be retained
53 in a paper copy or an electronic copy.
54
55 ================= T I T L E A M E N D M E N T ================
56 And the title is amended as follows:
57 Delete line 22
58 and insert:
59 absent from his or her office; amending s. 48.151,
60 F.S.; reducing the number of copies of a process that
61 must be served on the statutory agent of certain
62 persons; requiring the statutory agent to retain a
63 record of the process; authorizing records to be
64 retained in a paper copy or an electronic copy;
65 amending s. 48.21,