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. 48.151, F.S.; revising |
21 | the number of copies of process that must be served on |
22 | statutory agents for certain persons; providing that |
23 | records may be retained as paper or electronic copies; |
24 | amending s. 48.21, F.S.; requiring a process server to |
25 | sign the return-of-service form; authorizing an employee |
26 | of a sheriff to sign a return-of-service form |
27 | electronically; providing that the failure to sign a |
28 | return-of-service form invalidates the service and |
29 | subjects the process server to a fine; amending s. 48.29, |
30 | F.S.; directing a process server to place required |
31 | information on the first page of at least one of the |
32 | processes served; amending s. 624.423, F.S.; reducing the |
33 | number of copies to be served on the Chief Financial |
34 | Officer or an assistant as process agent of an insurer; |
35 | providing that records may be retained as paper or |
36 | electronic copies; providing an effective date. |
37 |
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38 | Be It Enacted by the Legislature of the State of Florida: |
39 |
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40 | Section 1. Paragraph (d) of subsection (1) and subsection |
41 | (3) of section 30.231, Florida Statutes, are amended to read: |
42 | 30.231 Sheriffs' fees for service of summons, subpoenas, |
43 | and executions.- |
44 | (1) The sheriffs of all counties of the state in civil |
45 | cases shall charge fixed, nonrefundable fees for docketing and |
46 | service of process, according to the following schedule: |
47 | (d) Executions: |
48 | 1. Forty dollars for processing docketing and indexing |
49 | each writ of execution, regardless of the number of persons |
50 | involved. |
51 | 2. Fifty dollars for each levy. |
52 | a. A levy is considered made when any property or any |
53 | portion of the property listed or unlisted in the instructions |
54 | for levy is seized, or upon demand of the sheriff the writ is |
55 | satisfied by the defendant in lieu of seizure. Seizure requires |
56 | that the sheriff take actual possession, if practicable, or, |
57 | alternatively, constructive possession of the property by order |
58 | of the court. |
59 | b. When the instructions are for levy upon real property, |
60 | a levy fee is required for each parcel described in the |
61 | instructions. |
62 | c. When the instructions are for levy based upon personal |
63 | property, one fee is allowed, unless the property is seized at |
64 | different locations, conditional upon all of the items being |
65 | advertised collectively and the sale being held at a single |
66 | location. However, if the property seized cannot be sold at one |
67 | location during the same sale as advertised, but requires |
68 | separate sales at different locations, the sheriff is then |
69 | authorized to impose a levy fee for the property and sale at |
70 | each location. |
71 | 3. Forty dollars for advertisement of sale under process. |
72 | 4. Forty dollars for each sale under process. |
73 | 5. Forty dollars for each deed, bill of sale, or |
74 | satisfaction of judgment. |
75 | (3) It shall be the responsibility of The party requesting |
76 | service of process must to furnish to the sheriff the original |
77 | process, or a certified copy of the process, or an electronic |
78 | copy of the process, which was signed and certified by the clerk |
79 | of court, and sufficient copies to be served on the parties |
80 | receiving the service of process. The party requesting service |
81 | of process shall provide the sheriff with the best known address |
82 | where the person may be served. Failure to perfect service at |
83 | the address provided does not excuse the sheriff from his or her |
84 | duty to exercise due diligence in locating the person to be |
85 | served. |
86 | Section 2. Subsection (5) of section 48.031, Florida |
87 | Statutes, is amended, and subsection (7) is added to that |
88 | section, to read: |
89 | 48.031 Service of process generally; service of witness |
90 | subpoenas.- |
91 | (5) A person serving process shall place, on the first |
92 | page of at least one of the processes copy served, the date and |
93 | time of service and his or her identification number and |
94 | initials for all service of process. The person serving process |
95 | shall list on the return-of-service form all initial pleadings |
96 | delivered and served along with the process. The person issuing |
97 | the process shall file the return-of-service form with the |
98 | court. |
99 | (7) A gated residential community, including a condominium |
100 | association or a cooperative, shall grant unannounced entry into |
101 | the community, including its common areas and common elements, |
102 | to a person who is attempting to serve process on a defendant or |
103 | witness who resides within or is known to be within the |
104 | community. |
105 | Section 3. Paragraph (a) of subsection (3) of section |
106 | 48.081, Florida Statutes, is amended to read: |
107 | 48.081 Service on corporation.- |
108 | (3)(a) As an alternative to all of the foregoing, process |
109 | may be served on the agent designated by the corporation under |
110 | s. 48.091. However, if service cannot be made on a registered |
111 | agent because of failure to comply with s. 48.091, service of |
112 | process shall be permitted on any employee at the corporation's |
113 | principal place of business or on any employee of the registered |
114 | agent. A person attempting to serve process pursuant to this |
115 | paragraph may serve the process on any employee of the |
116 | registered agent during the first attempt at service even if the |
117 | registered agent is temporarily absent from his or her office. |
118 | Section 4. Subsection (1) of section 48.151, Florida |
119 | Statutes, is amended, and subsection (6) is added to that |
120 | section, to read: |
121 | 48.151 Service on statutory agents for certain persons.- |
122 | (1) When any law designates a public officer, board, |
123 | agency, or commission as the agent for service of process on any |
124 | person, firm, or corporation, service of process thereunder |
125 | shall be made by leaving one copy two copies of the process with |
126 | the public officer, board, agency, or commission or in the |
127 | office thereof, or by mailing one copy said copies to the public |
128 | officer, board, agency, or commission. The public officer, |
129 | board, agency, or commission so served shall retain a record |
130 | file one copy in his or her or its records and promptly send the |
131 | other copy served, by registered or certified mail, to the |
132 | person to be served as shown by his or her or its records. Proof |
133 | of service on the public officer, board, agency, or commission |
134 | shall be by a notice accepting the process which shall be issued |
135 | by the public officer, board, agency, or commission promptly |
136 | after service and filed in the court issuing the process. The |
137 | notice accepting service shall state the date upon which the |
138 | copy of the process was mailed by the public officer, board, |
139 | agency, or commission to the person being served and the time |
140 | for pleading prescribed by the rules of procedure shall run from |
141 | this date. The service is valid service for all purposes on the |
142 | person for whom the public officer, board, agency, or commission |
143 | is statutory agent for service of process. |
144 | (6) For purposes of this section, records may be retained |
145 | as paper or electronic copies. |
146 | Section 5. Section 48.21, Florida Statutes, is amended to |
147 | read: |
148 | 48.21 Return of execution of process.- |
149 | (1) Each person who effects service of process shall note |
150 | on a return-of-service form attached thereto, the date and time |
151 | when it comes to hand, the date and time when it is served, the |
152 | manner of service, the name of the person on whom it was served |
153 | and, if the person is served in a representative capacity, the |
154 | position occupied by the person. The return-of-service form must |
155 | be signed by the person who effects the service of process. |
156 | However, a person employed by a sheriff who effects the service |
157 | of process may sign the return-of-service form using an |
158 | electronic signature certified by the sheriff. |
159 | (2) A failure to state the foregoing facts or to include |
160 | the signature required by subsection (1) invalidates the |
161 | service, but the return is amendable to state the facts or to |
162 | include the signature truth at any time on application to the |
163 | court from which the process issued. On amendment, service is as |
164 | effective as if the return had originally stated the omitted |
165 | facts or included the signature. A failure to state all the |
166 | facts in or to include the signature on the return shall subject |
167 | the person effecting service to a fine not exceeding $10, in the |
168 | court's discretion. |
169 | Section 6. Subsection (6) of section 48.29, Florida |
170 | Statutes, is amended to read: |
171 | 48.29 Certification of process servers.- |
172 | (6) A certified process server shall place the information |
173 | required provided in s. 48.031(5) on the first page of at least |
174 | one of the processes copy served. Return of service shall be |
175 | made by a certified process server on a form which has been |
176 | reviewed and approved by the court. |
177 | Section 7. Subsection (1) of section 624.423, Florida |
178 | Statutes, is amended to read: |
179 | 624.423 Serving process.- |
180 | (1) Service of process upon the Chief Financial Officer as |
181 | process agent of the insurer (under s. 624.422) shall be made by |
182 | serving a copy copies in triplicate of the process upon the |
183 | Chief Financial Officer or upon her or his assistant, deputy, or |
184 | other person in charge of her or his office. Upon receiving such |
185 | service, the Chief Financial Officer shall retain a record file |
186 | one copy in her or his office, return one copy with her or his |
187 | admission of service, and promptly forward one copy of the |
188 | process by registered or certified mail to the person last |
189 | designated by the insurer to receive the same, as provided under |
190 | s. 624.422(2). For purposes of this section, records may be |
191 | retained as paper or electronic copies. |
192 | Section 8. This act shall take effect July 1, 2011. |