Florida Senate - 2013 CS for SB 1268
By the Committee on Criminal Justice; and Senator Detert
591-03352-13 20131268c1
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. 48.081, F.S.; revising provisions
16 relating to the address used for service on a
17 registered agent; amending s. 56.27, F.S.; requiring
18 the levying creditor to deliver to the sheriff an
19 affidavit setting forth how to pay out moneys received
20 under an execution sale; providing that the sheriff is
21 not liable for damages under certain circumstances;
22 providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Paragraph (a) of subsection (1) of section
27 30.231, Florida Statutes, is amended to read:
28 30.231 Sheriffs’ fees for service of summons, subpoenas,
29 and executions.—
30 (1) The sheriffs of all counties of the state in civil
31 cases shall charge fixed, nonrefundable fees for docketing and
32 service of process, according to the following schedule:
33 (a) All summons or writs except executions: $40 for each
34 summons or writ to be served, except when more than one summons
35 or writ is issued at the same time out of the same cause of
36 action to be served upon one person or defendant at the same
37 time, in which case the sheriff shall be entitled to one fee.
38 Section 2. Paragraph (b) of subsection (1), paragraph (b)
39 of subsection (2), and subsection (5) of section 48.031, Florida
40 Statutes, are amended to read:
41 48.031 Service of process generally; service of witness
42 subpoenas.—
43 (1)
44 (b) An employer Employers, employee, or a representative or
45 agent of the employer, when contacted by an individual
46 authorized to make service of process, must shall permit the
47 authorized individual to make service on employees in a private
48 area designated by the employer. If the employer, employee, or a
49 representative or agent of the employer fails to comply with
50 this paragraph, he or she commits a misdemeanor of the first
51 degree, punishable as provided in s. 775.082 or s. 775.083.
52 (2)
53 (b) Substitute service may be made on an individual doing
54 business as a sole proprietorship at his or her place of
55 business, during regular business hours, by serving the person
56 in charge of the business during the first attempt of service
57 even if the owner is temporarily absent from his or her office
58 at the time of service if two or more attempts to serve the
59 owner have been made at the place of business.
60 (5) A person serving process shall place, on the first page
61 of at least one of the processes served, the date and time of
62 service and his or her identification number and initials for
63 all service of process. The person serving process shall list on
64 the return-of-service form all initial pleadings delivered and
65 served along with the process. The person requesting service or
66 the person authorized to serve issuing the process shall file
67 the return-of-service form with the court.
68 Section 3. Paragraph (b) of subsection (3) of section
69 48.081, Florida Statutes, is amended to read:
70 48.081 Service on corporation.—
71 (3)
72 (b) If the address provided for the registered agent,
73 officer, director, or principal place of business is a residence
74 or private mailbox, service on the corporation may be made by
75 serving the registered agent, officer, or director in accordance
76 with s. 48.031.
77 Section 4. Paragraph (d) is added to subsection (4) of
78 section 56.27, Florida Statutes, to read:
79 56.27 Executions; payment of money collected.—
80 (4) Before the date of the first publication or posting of
81 the notice of sale provided for under s. 56.21, at the time of
82 the levy request to the sheriff, the levying creditor shall
83 deliver to the sheriff an affidavit setting forth all of the
84 following as to the judgment debtor:
85 (d) A statement directing the sheriff how to pay out all
86 moneys received under an execution sale pursuant to subsections
87 (1) and (2). The sheriff paying pursuant to the affidavit is not
88 liable to anyone for damages arising from a wrongful levy and
89 pay out.
90 Section 5. This act shall take effect July 1, 2013.