Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 912
       
       
       
       
       
       
                                Ì179956`Î179956                         
       
                              LEGISLATIVE ACTION                        
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       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 35 - 72
    4  and insert:
    5  process and the process server does not open a locked gate or
    6  door or cross over any fences.
    7         (c)(b) An employer Employers, when contacted by an
    8  individual authorized to serve make service of process, shall
    9  allow permit the authorized individual to serve an employee make
   10  service on employees in a private area designated by the
   11  employer.
   12         (3)(a) The service of process of witness subpoenas, whether
   13  in criminal cases or civil actions, shall be made as provided in
   14  subsection (1). However, service of a subpoena on a witness in a
   15  criminal traffic case, a misdemeanor case, or a second degree or
   16  third degree felony may be made by United States mail directed
   17  to the witness at the last known address, and the service must
   18  be mailed at least 7 days before prior to the date of the
   19  witness’s required appearance. Failure of a witness to appear in
   20  response to a subpoena served by United States mail that is not
   21  certified may not be grounds for finding the witness in contempt
   22  of court.
   23         (b) A criminal witness subpoena commanding the witness to
   24  appear for a court appearance may be posted by a person
   25  authorized to serve process at the witness’s residence if three
   26  attempts to serve the subpoena, made at different times of the
   27  day or night on different dates, have failed. A criminal witness
   28  subpoena commanding the witness to appear for a deposition may
   29  be posted by a person authorized to serve process at the
   30  witness’s residence if one attempt to serve the subpoena has
   31  failed. The subpoena must be posted at least 5 days before prior
   32  to the date of the witness’s required appearance.
   33         Section 2. Subsection (4) is added to section 810.09,
   34  Florida Statutes, to read:
   35         810.09 Trespass on property other than structure or
   36  conveyance.—
   37         (4) This section does not apply to a person who is
   38  authorized to serve process pursuant to chapter 48; Rule 3.030,
   39  Florida Rules of Criminal Procedure; or Rule 1.070, Florida
   40  Rules of Civil Procedure if his or her entrance onto such
   41  property is necessary to serve process and the process server
   42  does not open a locked gate or door or cross over any fences.