ENROLLED
       2016 Legislature                           CS for CS for SB 1104
       
       
       
       
       
       
                                                             20161104er
    1  
    2         An act relating to service of process on financial
    3         institutions; creating s. 48.092, F.S.; requiring
    4         service on financial institutions to be made in
    5         accordance with s. 655.0201, F.S.; amending s.
    6         655.0201, F.S.; revising applicability of provisions
    7         of law governing service of process on financial
    8         institutions; authorizing certain financial
    9         institutions to designate with the Department of State
   10         a place or registered agent within the state as the
   11         sole location or agent for service of process, notice,
   12         levy, or demand; providing that service of process,
   13         notice, levy, or demand may be made at specified time
   14         periods; providing exceptions if the financial
   15         institution has no registered agent, if service cannot
   16         be made at the sole location, and for service made by
   17         the Office of Financial Regulation; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 48.092, Florida Statutes, is created to
   23  read:
   24         48.092 Service on financial institutions.—Service on
   25  financial institutions must be made in accordance with s.
   26  655.0201.
   27         Section 2. Section 655.0201, Florida Statutes, is amended
   28  to read:
   29         655.0201 Service of process, notice, levy, or demand on
   30  financial institutions.—
   31         (1) Notwithstanding any other Florida law, this section
   32  establishes the proper location for service of process upon a
   33  financial institution for all types of service of process to be
   34  made on a financial institution Process against any financial
   35  institution authorized by federal or state law to transact
   36  business in this state may be served in accordance with chapter
   37  48, chapter 49, chapter 605, or part I of chapter 607, as
   38  appropriate.
   39         (2) A Any financial institution authorized by federal or
   40  state law to transact business in this state may designate with
   41  the Department of State a place or registered agent located
   42  within the state as the financial institution’s sole location or
   43  agent for service of process, notice, levy, or demand. Any such
   44  place or registered agent so designated must be open and
   45  available for service of process during regular business hours
   46  on regular business days, which, at a minimum, is any time
   47  between the hours of 9 a.m. and 5 p.m. local time, on Mondays
   48  through Fridays, excluding federal and Florida holidays. After a
   49  financial institution designates a place or registered agent
   50  within this state, such place or registered agent is the sole
   51  location for service of process, including service for actions
   52  related to garnishment, levy, injunctions, lawsuits, and the
   53  attachment of safety deposit boxes, in accordance with chapters
   54  60, 76, and 77, and the Florida Rules of Civil Procedure
   55  required or permitted by law to be served on the financial
   56  institution. If the financial institution has no registered
   57  agent, or its registered agent cannot with reasonable diligence
   58  be served, service may be made to any executive officer of the
   59  financial institution at its principal place of business in this
   60  state.
   61         (3)(a) If a financial institution has no registered agent
   62  or service cannot be made in accordance with subsection (2),
   63  service may be made to any officer, director, or business agent
   64  of the financial institution at its principal place of business
   65  or at any other branch, office, or place of business in the
   66  state.
   67         (b) Notwithstanding subsection (2), any service required or
   68  authorized to be made by the Office of Financial Regulation
   69  under the financial institutions codes may be made to any
   70  officer, director, or business agent of the financial
   71  institution at its principal place of business or any other
   72  branch, office, or place of business in the state as set forth
   73  in s. 655.031(2) If service cannot be made in accordance with
   74  subsection (2), service may be made to any officer, director, or
   75  business agent of the financial institution at its principal
   76  place of business or at any other branch, office, or place of
   77  business in the state.
   78         (4) This section does not prescribe the only means, or
   79  necessarily the required means, of serving notice or demand on a
   80  financial institution.
   81         Section 3. This act shall take effect January 1, 2017.