| 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. |