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.