Florida Senate - 2016 SB 1432
By Senator Stargel
15-01521A-16 20161432__
1 A bill to be entitled
2 An act relating to service of process; amending s.
3 48.031, F.S.; expanding the locations at which
4 substitute service of process may be made when such
5 location is the only discoverable address for the
6 person to be served; defining the terms “virtual
7 office” and “executive office or mini suite”; amending
8 ss. 49.011 and 49.021, F.S.; authorizing electronic
9 service of process as an alternative to service of
10 process by publication; amending s. 49.031, F.S.;
11 defining the term “electronic”; conforming provisions
12 to changes made by the act; amending ss. 49.041,
13 49.051, and 49.061, F.S.; revising the information
14 that must be included in a sworn statement for certain
15 service of process; creating s. 49.13, F.S.; providing
16 that a plaintiff is entitled to be granted electronic
17 service of process under certain circumstances;
18 creating s. 49.14, F.S.; providing the requirements
19 for electronic service of process; providing an
20 effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsection (6) of section 48.031, Florida
25 Statutes, is amended to read:
26 48.031 Service of process generally; service of witness
27 subpoenas.—
28 (6)(a) If the only address for a person to be served, which
29 is discoverable through public records, is a private mailbox, a
30 virtual office, or an executive office or mini suite, substitute
31 service may be made by leaving a copy of the process with the
32 person in charge of the private mailbox, virtual office, or
33 executive office or mini suite, but only if the process server
34 determines that the person to be served maintains a mailbox, a
35 virtual office, or an executive office or mini suite at that
36 location.
37 (b) For purposes of this subsection, the term “virtual
38 office” means an office that provides communications services,
39 such as telephone or facsimile services, and address services
40 without providing dedicated office space, and where all
41 communications are routed through a common receptionist. The
42 term “executive office or mini suite” means an office that
43 provides communications services, such as telephone and
44 facsimile services, a dedicated office space, and other
45 supportive services, and where all communications are routed
46 through a common receptionist.
47 Section 2. Section 49.011, Florida Statutes, is amended to
48 read:
49 49.011 Service of process by publication or electronic
50 service; cases in which allowed.—Service of process by
51 publication or electronic service, if so ordered by the court,
52 may be made in any court on any party identified in s. 49.021 in
53 any action or proceeding:
54 (1) To enforce any legal or equitable lien or claim to any
55 title or interest in real or personal property within the
56 jurisdiction of the court or any fund held or debt owing by any
57 party on whom process can be served within this state.
58 (2) To quiet title or remove any encumbrance, lien, or
59 cloud on the title to any real or personal property within the
60 jurisdiction of the court or any fund held or debt owing by any
61 party on whom process can be served within this state.
62 (3) To partition real or personal property within the
63 jurisdiction of the court.
64 (4) For dissolution or annulment of marriage.
65 (5) For the construction of any will, deed, contract, or
66 other written instrument and for a judicial declaration or
67 enforcement of any legal or equitable right, title, claim, lien,
68 or interest thereunder.
69 (6) To reestablish a lost instrument or record which has or
70 should have its situs within the jurisdiction of the court.
71 (7) In which a writ of replevin, garnishment, or attachment
72 has been issued and executed.
73 (8) In which any other writ or process has been issued and
74 executed which places any property, fund, or debt in the custody
75 of a court.
76 (9) To revive a judgment by motion or scire facias.
77 (10) For adoption.
78 (11) In which personal service of process or notice is not
79 required by the statutes or constitution of this state or by the
80 Constitution of the United States.
81 (12) In probate or guardianship proceedings in which
82 personal service of process or notice is not required by the
83 statutes or constitution of this state or by the Constitution of
84 the United States.
85 (13) For termination of parental rights pursuant to part
86 VIII of chapter 39 or chapter 63.
87 (14) For temporary custody of a minor child, under chapter
88 751.
89 (15) To determine paternity, but only as to the legal
90 father in a paternity action in which another man is alleged to
91 be the biological father, in which case it is necessary to serve
92 process on the legal father in order to establish paternity with
93 regard to the alleged biological father.
94 Section 3. Section 49.021, Florida Statutes, is amended to
95 read:
96 49.021 Service of process by publication or electronic
97 service, upon whom.—When Where personal service of process or,
98 if appropriate, service of process under s. 48.194 cannot be
99 had, service of process by publication or electronic service may
100 be had upon any party, natural or corporate, known or unknown,
101 including:
102 (1) Any known or unknown natural person, and, when
103 described as such, the unknown spouse, heirs, devisees,
104 grantees, creditors, or other parties claiming by, through,
105 under, or against any known or unknown person who is known to be
106 dead or is not known to be either dead or alive.;
107 (2) Any corporation or other legal entity, whether its
108 domicile be foreign, domestic, or unknown, and whether dissolved
109 or existing, including corporations or other legal entities not
110 known to be dissolved or existing, and, when described as such,
111 the unknown assigns, successors in interest, trustees, or any
112 other party claiming by, through, under, or against any named
113 corporation or legal entity.;
114 (3) Any group, firm, entity, or persons who operate or do
115 business, or have operated or done business, in this state,
116 under a name or title which includes the word “corporation,”
117 “company,” “incorporated,” “inc.,” or any combination thereof,
118 or under a name or title which indicates, tends to indicate or
119 leads one to think that the same may be a corporation or other
120 legal entity.; and
121 (4) All claimants under any of such parties.
122
123 Unknown parties may be proceeded against exclusively or together
124 with other parties.
125 Section 4. Subsection (1) of section 49.031, Florida
126 Statutes, is amended, and subsection (2) of that section is
127 reordered and amended, to read:
128 49.031 Sworn statement as condition precedent.—
129 (1) As a condition precedent to service by publication or
130 electronic service, a statement shall be filed in the action
131 executed by the plaintiff, or the plaintiff’s agent or attorney,
132 setting forth substantially the matters hereafter required,
133 which statement may be contained in a verified pleading, or in
134 an affidavit or other sworn statement.
135 (2) As used in this chapter, the term:
136 (c)(a) The word “Plaintiff” means any party in the action
137 who is entitled to service of original process on any other
138 party to the action or any person who may be brought in or
139 allowed to come in as a party by any lawful means.
140 (a)(b) The word “Defendant” means any party on whom service
141 by publication or electronic service is authorized by this
142 chapter, without regard to his or her designation in the
143 pleadings or position in the action.
144 (d)(c) The word “Publication” includes the posting of the
145 notice of action as provided for in ss. 49.10(1)(b) and 49.11.
146 (b) “Electronic” means any electronic method of delivering
147 notice to a defendant by electronic mail, social media, or other
148 electronic means in which a reasonable expectation of delivery
149 to the party can be ascertained.
150 Section 5. Section 49.041, Florida Statutes, is amended to
151 read:
152 49.041 Sworn statement, natural person as defendant.—The
153 sworn statement of the plaintiff, or his or her agent or
154 attorney, for service of process by publication or electronic
155 service against a natural person, must shall show:
156 (1) That diligent search and inquiry have been made to
157 discover the name, and residence, e-mail address, and social
158 media accounts of such person, and that the same is set forth in
159 said sworn statement as particularly as is known to the
160 affiant.; and
161 (2) Whether such person is over or under the age of 18
162 years, if his or her age is known, or that the person’s age is
163 unknown.; and
164 (3) In addition to the above, that the residence of such
165 person is, either:
166 (a) Unknown to the affiant; or
167 (b) In some state or country other than this state, stating
168 said residence if known; or
169 (c) In the state, but that he or she has been absent from
170 the state for more than 60 days next preceding the making of the
171 sworn statement, or conceals himself or herself so that process
172 cannot be personally served, and that affiant believes that
173 there is no person in the state upon whom service of process
174 would bind said absent or concealed defendant.
175 Section 6. Section 49.051, Florida Statutes, is amended to
176 read:
177 49.051 Sworn statement, corporation as defendant.—The sworn
178 statement of the plaintiff, or his or her agent or attorney, for
179 service of process by publication or electronic service against
180 a corporation, must shall show:
181 (1) That diligent search and inquiry have been made to
182 discover the corporate defendant’s true name, domicile,
183 principal place of business, website, e-mail addresses, social
184 media accounts, and status as a (that is, whether foreign,
185 domestic, or dissolved corporation) of the corporate defendant,
186 and that the same is set forth in said sworn statement as
187 particularly as is known to the affiant, and that diligent
188 search and inquiry have also been made, to discover the names,
189 and whereabouts, e-mail addresses, and social media accounts of
190 all persons upon whom the service of process would bind the said
191 corporation and that the same is specified as particularly as is
192 known to the affiant.; and
193 (2) Whether or not the corporation has ever qualified to do
194 business in this state, unless shown to be a Florida
195 corporation.; and
196 (3) That all officers, directors, general managers,
197 cashiers, resident agents, and business agents of the
198 corporation, either:
199 (a) Are absent from the state; or
200 (b) Cannot be found within the state; or
201 (c) Conceal themselves so that process cannot be served
202 upon them so as to bind the said corporation; or
203 (d) That their whereabouts are unknown to the affiant; or
204 (e) That said officers, directors, general managers,
205 cashiers, resident agents, and business agents of the
206 corporation are unknown to affiant.
207 Section 7. Section 49.061, Florida Statutes, is amended to
208 read:
209 49.061 Sworn statement, parties doing business under a
210 corporate name as defendants.—The sworn statement of the
211 plaintiff, or his or her agent or attorney, for service of
212 process by publication or electronic service against parties who
213 have or may have done business under a corporate name, must
214 shall show:
215 (1) The name under which the said parties have operated or
216 done business.; and
217 (2) That, after diligent search and inquiry, the affiant
218 has been unable to ascertain whether or not the organization
219 operating under the corporate said name was a corporation,
220 either domestic or foreign.; and
221 (3) The names, e-mail addresses, social media accounts, and
222 places of residence, if known, of all persons known to have been
223 interested in such organization, and whether or not other or
224 unknown persons may have been interested in such organization;
225 or that, after diligent search and inquiry, all persons
226 interested in such organization are unknown to the affiant, and,
227 unless all such persons are unknown to the affiant.,
228 (4) That the known persons interested in such organization,
229 either:
230 (a) Are absent from this state; or
231 (b) Cannot be found within this state; or
232 (c) Conceal themselves so that process cannot be personally
233 served upon them; or
234 (d) That their whereabouts are unknown to the affiant.
235 Section 8. Section 49.13, Florida Statutes, is created to
236 read:
237 49.13 Electronic service of process.—On filing a motion
238 with the sworn statement attached as an exhibit and otherwise
239 complying with the requirements of this chapter, the plaintiff
240 is entitled to have an order from the judge granting electronic
241 service of process. Electronic service of process may only be
242 perfected by a trusted third party authorized to serve process
243 as defined in s. 48.021.
244 Section 9. Section 49.14, Florida Statutes, is created to
245 read:
246 49.14 Proof of electronic service of process.—Proof of the
247 electronic delivery of service of process must be by affidavit
248 of the person having knowledge of such electronic service. The
249 affidavit must include or have attached a copy of the notice,
250 must specify the dates that each form of electronic service was
251 transmitted, and must otherwise comply with the requirements of
252 law.
253 Section 10. This act shall take effect July 1, 2016.