Florida Senate - 2020 SB 1002 By Senator Rodriguez 37-00540A-20 20201002__ 1 A bill to be entitled 2 An act relating to subpoenas; amending s. 92.605, 3 F.S.; revising the definition of “properly served”; 4 authorizing an applicant to petition a court to compel 5 compliance with a subpoena; authorizing a court to 6 address noncompliance as indirect criminal contempt 7 and impose a daily fine for a specified amount of 8 time; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (h) of subsection (1) of section 13 92.605, Florida Statutes, is amended, and subsection (10) is 14 added to that section, to read: 15 92.605 Production of certain records by Florida businesses 16 and out-of-state corporations.— 17 (1) For the purposes of this section, the term: 18 (h) “Properly served” means delivery by hand or in a manner 19 reasonably allowing for proof of delivery if delivered by United 20 States mail, overnight delivery service, or facsimile to a 21 person or entity properly registered to do business in any 22 state. In order for an out-of-state corporation to be properly 23 served, the service described in this paragraph must be effected 24 on the corporation’s registered agent in this state or as 25 authorized under the laws of the state where process is to be 26 served. Service on an out-of-state corporation doing business in 27 this state through the Internet may also be made at any location 28 where the corporation routinely accepts service. 29 (10) If a Florida business or an out-of-state corporation 30 refuses to comply with a properly served subpoena or does not 31 comply with the requirements of subsection (2) or subsection 32 (3), the applicant who sought the subpoena may petition a court 33 of competent jurisdiction to compel compliance. The court may 34 address the matter as indirect criminal contempt and may punish 35 a business or corporation by a fine of not less than $100 and 36 not more than $1,000 per day for a maximum of 60 days. 37 Section 2. This act shall take effect July 1, 2020.