1 | A bill to be entitled |
2 | An act relating to service of process; amending s. 30.231, |
3 | F.S.; authorizing a sheriff to charge a fee for processing |
4 | a writ of execution; authorizing a person to provide the |
5 | sheriff with an electronic copy of a process for service; |
6 | amending s. 48.031, F.S.; directing a process server to |
7 | place required information on the first page of at least |
8 | one of the processes served; requiring a process server to |
9 | list all initial pleadings delivered and served along with |
10 | the process on the return-of-service form; requiring the |
11 | person issuing the process to file the return-of-service |
12 | form with the court; granting authorized process servers |
13 | unannounced access to specified residential areas where a |
14 | defendant or witness resides or is known to be; amending |
15 | s. 48.081, F.S.; authorizing a person attempting to serve |
16 | process on the registered agent of a corporation to serve |
17 | the process, in specified circumstances, on any employee |
18 | of the registered agent during the first attempt at |
19 | service even if the registered agent is temporarily absent |
20 | from his or her office; amending s. 48.21, F.S.; requiring |
21 | a process server to sign the return-of-service form; |
22 | authorizing an employee of a sheriff to sign a return-of- |
23 | service form electronically; providing that the failure to |
24 | sign a return-of-service form invalidates the service and |
25 | subjects the process server to a fine; amending s. 48.29, |
26 | F.S.; directing a process server to place required |
27 | information on the first page of at least one of the |
28 | processes served; providing an effective date. |
29 |
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30 | Be It Enacted by the Legislature of the State of Florida: |
31 |
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32 | Section 1. Paragraph (d) of subsection (1) and subsection |
33 | (3) of section 30.231, Florida Statutes, are amended to read: |
34 | 30.231 Sheriffs' fees for service of summons, subpoenas, |
35 | and executions.- |
36 | (1) The sheriffs of all counties of the state in civil |
37 | cases shall charge fixed, nonrefundable fees for docketing and |
38 | service of process, according to the following schedule: |
39 | (d) Executions: |
40 | 1. Forty dollars for processing docketing and indexing |
41 | each writ of execution, regardless of the number of persons |
42 | involved. |
43 | 2. Fifty dollars for each levy. |
44 | a. A levy is considered made when any property or any |
45 | portion of the property listed or unlisted in the instructions |
46 | for levy is seized, or upon demand of the sheriff the writ is |
47 | satisfied by the defendant in lieu of seizure. Seizure requires |
48 | that the sheriff take actual possession, if practicable, or, |
49 | alternatively, constructive possession of the property by order |
50 | of the court. |
51 | b. When the instructions are for levy upon real property, |
52 | a levy fee is required for each parcel described in the |
53 | instructions. |
54 | c. When the instructions are for levy based upon personal |
55 | property, one fee is allowed, unless the property is seized at |
56 | different locations, conditional upon all of the items being |
57 | advertised collectively and the sale being held at a single |
58 | location. However, if the property seized cannot be sold at one |
59 | location during the same sale as advertised, but requires |
60 | separate sales at different locations, the sheriff is then |
61 | authorized to impose a levy fee for the property and sale at |
62 | each location. |
63 | 3. Forty dollars for advertisement of sale under process. |
64 | 4. Forty dollars for each sale under process. |
65 | 5. Forty dollars for each deed, bill of sale, or |
66 | satisfaction of judgment. |
67 | (3) It shall be the responsibility of The party requesting |
68 | service of process must to furnish to the sheriff the original |
69 | process, or a certified copy of the process, or an electronic |
70 | copy of the process, which was signed and certified by the clerk |
71 | of court, and sufficient copies to be served on the parties |
72 | receiving the service of process. The party requesting service |
73 | of process shall provide the sheriff with the best known address |
74 | where the person may be served. Failure to perfect service at |
75 | the address provided does not excuse the sheriff from his or her |
76 | duty to exercise due diligence in locating the person to be |
77 | served. |
78 | Section 2. Subsection (5) of section 48.031, Florida |
79 | Statutes, is amended, and subsection (7) is added to that |
80 | section, to read: |
81 | 48.031 Service of process generally; service of witness |
82 | subpoenas.- |
83 | (5) A person serving process shall place, on the first |
84 | page of at least one of the processes copy served, the date and |
85 | time of service and his or her identification number and |
86 | initials for all service of process. The person serving process |
87 | shall list on the return-of-service form all initial pleadings |
88 | delivered and served along with the process. The person issuing |
89 | the process shall file the return-of-service form with the |
90 | court. |
91 | (7) A gated residential community, including a condominium |
92 | association or a cooperative, shall grant unannounced entry into |
93 | the community, including its common areas and common elements, |
94 | to a person who is attempting to serve process on a defendant or |
95 | witness who resides within or is known to be within the |
96 | community. |
97 | Section 3. Paragraph (a) of subsection (3) of section |
98 | 48.081, Florida Statutes, is amended to read: |
99 | 48.081 Service on corporation.- |
100 | (3)(a) As an alternative to all of the foregoing, process |
101 | may be served on the agent designated by the corporation under |
102 | s. 48.091. However, if service cannot be made on a registered |
103 | agent because of failure to comply with s. 48.091, service of |
104 | process shall be permitted on any employee at the corporation's |
105 | principal place of business or on any employee of the registered |
106 | agent. A person attempting to serve process pursuant to this |
107 | paragraph may serve the process on any employee of the |
108 | registered agent during the first attempt at service even if the |
109 | registered agent is temporarily absent from his or her office. |
110 | Section 4. Section 48.21, Florida Statutes, is amended to |
111 | read: |
112 | 48.21 Return of execution of process.- |
113 | (1) Each person who effects service of process shall note |
114 | on a return-of-service form attached thereto, the date and time |
115 | when it comes to hand, the date and time when it is served, the |
116 | manner of service, the name of the person on whom it was served |
117 | and, if the person is served in a representative capacity, the |
118 | position occupied by the person. The return-of-service form must |
119 | be signed by the person who effects the service of process. |
120 | However, a person employed by a sheriff who effects the service |
121 | of process may sign the return-of-service form using an |
122 | electronic signature certified by the sheriff. |
123 | (2) A failure to state the foregoing facts or to include |
124 | the signature required by subsection (1) invalidates the |
125 | service, but the return is amendable to state the facts or to |
126 | include the signature truth at any time on application to the |
127 | court from which the process issued. On amendment, service is as |
128 | effective as if the return had originally stated the omitted |
129 | facts or included the signature. A failure to state all the |
130 | facts in or to include the signature on the return shall subject |
131 | the person effecting service to a fine not exceeding $10, in the |
132 | court's discretion. |
133 | Section 5. Subsection (6) of section 48.29, Florida |
134 | Statutes, is amended to read: |
135 | 48.29 Certification of process servers.- |
136 | (6) A certified process server shall place the information |
137 | required provided in s. 48.031(5) on the first page of at least |
138 | one of the processes copy served. Return of service shall be |
139 | made by a certified process server on a form which has been |
140 | reviewed and approved by the court. |
141 | Section 6. This act shall take effect July 1, 2011. |