CS/HB 59

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
30	Be It Enacted by the Legislature of the State of Florida:
31
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.

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