| 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 | 
  | 
| 38 | Be It Enacted by the Legislature of the State of Florida: | 
| 39 | 
  | 
| 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. |