Florida Senate - 2013                                    SB 1268
       
       
       
       By Senator Detert
       
       
       
       
       28-00979A-13                                          20131268__
    1                        A bill to be entitled                      
    2         An act relating to service of process; amending s.
    3         30.231, F.S.; requiring sheriffs to charge a uniform
    4         fee for service of process; amending s. 48.031, F.S.;
    5         requiring an employer, employee, or representative or
    6         agent of an employer to permit an authorized
    7         individual to make service on an employee in a private
    8         area designated by the employer; providing criminal
    9         penalties for persons failing to comply with the
   10         process; authorizing substitute service during the
   11         first attempt of service at a business that is a sole
   12         proprietorship under certain circumstances; requiring
   13         the person requesting service or the person authorized
   14         to serve the process to file the return-of-service
   15         form; amending s. 56.27, F.S.; requiring the levying
   16         creditor to deliver to the sheriff an affidavit
   17         setting forth how to pay out moneys received under an
   18         execution sale; providing that the sheriff is not
   19         liable for damages under certain circumstances;
   20         amending s. 394.463, F.S.; requiring a mental health
   21         receiving facility to accept an electronic order for
   22         involuntary examination served by a law enforcement
   23         agency; amending s. 397.6818, F.S.; requiring a
   24         substance abuse licensed service provider to accept an
   25         electronic order for involuntary assessment and
   26         stabilization which is served by a law enforcement
   27         agency on the service provider; establishing
   28         procedures to serve process; amending s. 608.463,
   29         F.S.; providing that service of process on a limited
   30         liability company occurs as if it were a corporation;
   31         amending s. 741.30, F.S.; setting forth the
   32         effectiveness of a temporary injunction in a domestic
   33         violence proceeding; amending ss. 741.31, 784.046, and
   34         784.0485, F.S.; requiring that if a final order of
   35         injunction for protection against domestic violence,
   36         dating violence, or stalking is issued but not served,
   37         the terms of the temporary injunction, if served,
   38         remain in full force and effect until service of the
   39         final order is effected upon the respondent; amending
   40         s. 784.0487, F.S.; providing that it is unlawful for a
   41         person to violate a final injunction for protection
   42         against stalking or cyberstalking by having in his or
   43         her care, custody, possession, or control any firearm
   44         or ammunition; amending s. 901.15, F.S.; conforming
   45         provisions; expanding situations in which an arrest
   46         without a warrant is lawful to include probable cause
   47         of stalking, cyberstalking, and child abuse; providing
   48         an effective date.
   49  
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Paragraph (a) of subsection (1) of section
   53  30.231, Florida Statutes, is amended to read:
   54         30.231 Sheriffs’ fees for service of summons, subpoenas,
   55  and executions.—
   56         (1) The sheriffs of all counties of the state in civil
   57  cases shall charge fixed, nonrefundable fees for docketing and
   58  service of process, according to the following schedule:
   59         (a) All summons or writs except executions: $40 for each
   60  summons or writ to be served, except when more than one summons
   61  or writ is issued at the same time out of the same cause of
   62  action to be served upon one person or defendant at the same
   63  time, in which case the sheriff shall be entitled to one fee.
   64         Section 2. Paragraph (b) of subsection (1), paragraph (b)
   65  of subsection (2), and subsection (5) of section 48.031, Florida
   66  Statutes, are amended to read:
   67         48.031 Service of process generally; service of witness
   68  subpoenas.—
   69         (1)
   70         (b) An employer Employers, employee, or a representative or
   71  agent of the employer, when contacted by an individual
   72  authorized to make service of process, must shall permit the
   73  authorized individual to make service on employees in a private
   74  area designated by the employer. If the employer, employee, or a
   75  representative or agent of the employer fails to comply with
   76  this paragraph, he or she commits a misdemeanor of the first
   77  degree, punishable as provided in s. 775.082 or s. 775.083.
   78         (2)
   79         (b) Substitute service may be made on an individual doing
   80  business as a sole proprietorship at his or her place of
   81  business, during regular business hours, by serving the person
   82  in charge of the business during the first attempt of service
   83  even if the owner is temporarily absent from his or her office
   84  at the time of service if two or more attempts to serve the
   85  owner have been made at the place of business.
   86         (5) A person serving process shall place, on the first page
   87  of at least one of the processes served, the date and time of
   88  service and his or her identification number and initials for
   89  all service of process. The person serving process shall list on
   90  the return-of-service form all initial pleadings delivered and
   91  served along with the process. The person requesting service or
   92  the person authorized to serve issuing the process shall file
   93  the return-of-service form with the court.
   94         Section 3. Paragraph (d) is added to subsection (4) of
   95  section 56.27, Florida Statutes, to read:
   96         56.27 Executions; payment of money collected.—
   97         (4) Before the date of the first publication or posting of
   98  the notice of sale provided for under s. 56.21, at the time of
   99  the levy request to the sheriff, the levying creditor shall
  100  deliver to the sheriff an affidavit setting forth all of the
  101  following as to the judgment debtor:
  102         (d) A statement directing the sheriff how to pay out all
  103  moneys received under an execution sale pursuant to subsections
  104  (1) and (2). The sheriff paying pursuant to the affidavit is not
  105  liable to anyone for damages arising from a wrongful levy and
  106  pay out.
  107         Section 4. Paragraph (a) of subsection (2) of section
  108  394.463, Florida Statutes, is amended to read:
  109         394.463 Involuntary examination.—
  110         (2) INVOLUNTARY EXAMINATION.—
  111         (a) An involuntary examination may be initiated by any one
  112  of the following means:
  113         1. A court may enter an ex parte order stating that a
  114  person appears to meet the criteria for involuntary examination,
  115  giving the findings on which that conclusion is based. The ex
  116  parte order for involuntary examination must be based on sworn
  117  testimony, written or oral. If other less restrictive means are
  118  not available, such as voluntary appearance for outpatient
  119  evaluation, a law enforcement officer, or other designated agent
  120  of the court, shall take the person into custody and deliver him
  121  or her to the nearest receiving facility for involuntary
  122  examination. If the order was received electronically by the law
  123  enforcement agency, the receiving facility shall accept the
  124  electronic copy as the executable copy. The order of the court
  125  shall be made a part of the patient’s clinical record. A fee may
  126  not No fee shall be charged for the filing of an order under
  127  this subsection. Any receiving facility accepting the patient
  128  based on this order shall must send a copy of the order to the
  129  Agency for Health Care Administration on the next working day.
  130  The order is shall be valid only until executed or, if not
  131  executed, for the period specified in the order itself. If no
  132  time limit is specified in the order, the order is shall be
  133  valid for 7 days after the date that the order was signed.
  134         2. A law enforcement officer shall take a person who
  135  appears to meet the criteria for involuntary examination into
  136  custody and deliver the person or have him or her delivered to
  137  the nearest receiving facility for examination. The officer
  138  shall execute a written report detailing the circumstances under
  139  which the person was taken into custody, and the report shall be
  140  made a part of the patient’s clinical record. Any receiving
  141  facility accepting the patient based on this report shall must
  142  send a copy of the report to the Agency for Health Care
  143  Administration on the next working day.
  144         3. A physician, clinical psychologist, psychiatric nurse,
  145  mental health counselor, marriage and family therapist, or
  146  clinical social worker may execute a certificate stating that he
  147  or she has examined a person within the preceding 48 hours and
  148  finds that the person appears to meet the criteria for
  149  involuntary examination and stating the observations upon which
  150  that conclusion is based. If other less restrictive means are
  151  not available, such as voluntary appearance for outpatient
  152  evaluation, a law enforcement officer shall take the person
  153  named in the certificate into custody and deliver him or her to
  154  the nearest receiving facility for involuntary examination. The
  155  law enforcement officer shall execute a written report detailing
  156  the circumstances under which the person was taken into custody.
  157  The report and certificate shall be made a part of the patient’s
  158  clinical record. Any receiving facility accepting the patient
  159  based on this certificate shall must send a copy of the
  160  certificate to the Agency for Health Care Administration on the
  161  next working day.
  162         Section 5. Subsection (3) of section 397.6818, Florida
  163  Statutes, is amended to read:
  164         397.6818 Court determination.—At the hearing initiated in
  165  accordance with s. 397.6811(1), the court shall hear all
  166  relevant testimony. The respondent must be present unless the
  167  court has reason to believe that his or her presence is likely
  168  to be injurious to him or her, in which event the court shall
  169  appoint a guardian advocate to represent the respondent. The
  170  respondent has the right to examination by a court-appointed
  171  qualified professional. After hearing all the evidence, the
  172  court shall determine whether there is a reasonable basis to
  173  believe the respondent meets the involuntary admission criteria
  174  of s. 397.675.
  175         (3) If the court finds it necessary, it may order the
  176  sheriff to take the respondent into custody and deliver him or
  177  her to the licensed service provider specified in the court
  178  order or, if none is specified, to the nearest appropriate
  179  licensed service provider for involuntary assessment. If the
  180  order was received electronically by a law enforcement agency,
  181  the receiving licensed service provider shall accept the
  182  electronic copy as the executable copy. The order is valid only
  183  until executed or, if not executed, for the period specified in
  184  the order itself. If no time limit is specified in the order,
  185  the order is valid for 7 days after the date that the order was
  186  signed.
  187         (a)A law enforcement officer acting in accordance with an
  188  involuntary assessment and stabilization order issued pursuant
  189  to this section may serve and execute such order on any day of
  190  the week, at any time of the day or night.
  191         (b)A law enforcement officer acting in accordance with an
  192  involuntary assessment and stabilization order issued pursuant
  193  to this section may use such reasonable physical force as is
  194  necessary to gain entry to the premises and any dwellings,
  195  buildings, or other structures located on the premises to take
  196  custody of the person who is the subject of the involuntary
  197  assessment and stabilization order.
  198         Section 6. Subsection (1) of section 608.463, Florida
  199  Statutes, is amended to read:
  200         608.463 Service of process.—
  201         (1) Process against a limited liability company may be
  202  served:
  203         (a) In accordance with chapter 48 or chapter 49, as if the
  204  limited liability company were a corporation partnership.
  205         (b) Upon the registered agent at the agent’s street
  206  address.
  207         Section 7. Paragraph (c) of subsection (5) of section
  208  741.30, Florida Statutes, is amended to read:
  209         741.30 Domestic violence; injunction; powers and duties of
  210  court and clerk; petition; notice and hearing; temporary
  211  injunction; issuance of injunction; statewide verification
  212  system; enforcement; public records exemption.—
  213         (5)
  214         (c) Any such ex parte temporary injunction is shall be
  215  effective for a fixed period not to exceed 15 days unless a
  216  final injunction is issued on the same case, which extends the
  217  effectiveness of the temporary injunction until such time as the
  218  final injunction is served. A full hearing, as provided by this
  219  section, shall be set for a date no later than the date when the
  220  temporary injunction ceases to be effective. The court may grant
  221  a continuance of the hearing before or during a hearing for good
  222  cause shown by any party, which must shall include a continuance
  223  to obtain service of process. An Any injunction shall be
  224  extended, if necessary, so that it remains to remain in full
  225  force and effect during any period of continuance.
  226         Section 8. Paragraph (c) is added to subsection (4) of
  227  section 741.31, Florida Statutes, to read:
  228         741.31 Violation of an injunction for protection against
  229  domestic violence.—
  230         (4)
  231         (c) If a final injunction is issued but has not been
  232  served, the terms of the temporary injunction, if served, remain
  233  in full force and effect until service of the final injunction
  234  is effected upon the respondent.
  235         Section 9. Paragraph (c) of subsection (6) of section
  236  784.046, Florida Statutes, is amended to read:
  237         784.046 Action by victim of repeat violence, sexual
  238  violence, or dating violence for protective injunction; dating
  239  violence investigations, notice to victims, and reporting;
  240  pretrial release violations; public records exemption.—
  241         (6)
  242         (c) Any such ex parte temporary injunction is shall be
  243  effective for a fixed period not to exceed 15 days unless a
  244  final injunction is issued on the same case, which extends the
  245  effectiveness of the temporary injunction until such time as the
  246  final injunction is served. However, an ex parte temporary
  247  injunction granted under subparagraph (2)(c)2. is effective for
  248  15 days following the date the respondent is released from
  249  incarceration unless a final injunction is issued on the same
  250  case, which extends the effectiveness of the temporary
  251  injunction until such time as the final injunction is served. A
  252  full hearing, as provided by this section, shall be set for a
  253  date no later than the date when the temporary injunction ceases
  254  to be effective. The court may grant a continuance of the ex
  255  parte injunction and the full hearing before or during a
  256  hearing, for good cause shown by any party.
  257         Section 10. Paragraph (c) of subsection (5) of section
  258  784.0485, Florida Statutes, is amended to read:
  259         784.0485 Stalking; injunction; powers and duties of court
  260  and clerk; petition; notice and hearing; temporary injunction;
  261  issuance of injunction; statewide verification system;
  262  enforcement.—
  263         (5)
  264         (c) Any such ex parte temporary injunction is effective for
  265  a fixed period not to exceed 15 days unless a final injunction
  266  is issued on the same case, which shall extend the effectiveness
  267  of the temporary injunction until such time as the final
  268  injunction is served. A full hearing, as provided in this
  269  section, shall be set for a date no later than the date when the
  270  temporary injunction ceases to be effective. The court may grant
  271  a continuance of the hearing before or during a hearing for good
  272  cause shown by any party, which shall include a continuance to
  273  obtain service of process. An injunction shall be extended if
  274  necessary, so that it remains to remain in full force and effect
  275  during any period of continuance.
  276         Section 11. Present subsection (5) of section 784.0487,
  277  Florida Statutes, is redesignated as subsection (6), and a new
  278  subsection (5) is added to that section, to read:
  279         784.0487 Violation of an injunction for protection against
  280  stalking or cyberstalking.—
  281         (5) A person who violates a final injunction for protection
  282  against stalking or cyberstalking by having in his or her care,
  283  custody, possession, or control any firearm or ammunition
  284  commits a violation of s. 790.233, a misdemeanor of the first
  285  degree, punishable as provided in s. 775.082 or s. 775.083.
  286         Section 12. Subsections (6) and (7) of section 901.15,
  287  Florida Statutes, are amended to read:
  288         901.15 When arrest by officer without warrant is lawful.—A
  289  law enforcement officer may arrest a person without a warrant
  290  when:
  291         (6) There is probable cause to believe that the person has
  292  committed a criminal act according to s. 790.233 or according to
  293  s. 39.504, s. 741.31, or s. 784.047, or s. 785.0487 which
  294  violates an injunction for protection entered pursuant to s.
  295  39.504, s. 741.30, or s. 784.046, or s. 784.0485 or a foreign
  296  protection order accorded full faith and credit pursuant to s.
  297  741.315, over the objection of the petitioner, if necessary.
  298         (7) There is probable cause to believe that the person has
  299  committed an act of domestic violence, as defined in s. 741.28,
  300  or dating violence, repeat violence or sexual violence, as
  301  provided in s. 784.046, stalking or cyberstalking as provided in
  302  s. 784.048, or an act of child abuse as provided in s. 39.01.
  303  The decision to arrest does shall not require consent of the
  304  victim or consideration of the relationship of the parties. It
  305  is the public policy of this state to strongly discourage arrest
  306  and charges of both parties for domestic violence or dating
  307  violence on each other and to encourage training of law
  308  enforcement and prosecutors in these areas. A law enforcement
  309  officer who acts in good faith and exercises due care in making
  310  an arrest under this subsection, under s. 39.504, s. 741.31(4),
  311  or s. 784.047, or s. 784.0487 or pursuant to a foreign order of
  312  protection accorded full faith and credit pursuant to s.
  313  741.315, is immune from civil liability that otherwise might
  314  result by reason of his or her action.
  315         Section 13. This act shall take effect July 1, 2013.