Florida Senate - 2020                                     SB 480
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-00584-20                                            2020480__
    1                        A bill to be entitled                      
    2         An act relating to a declared state of emergency;
    3         creating s. 48.205, F.S.; prohibiting specified
    4         service of process during specified times relating to
    5         a declared state of emergency; providing immunity from
    6         liability for certain persons; defining the term
    7         “emergency declaration period”; creating s. 83.684,
    8         F.S.; tolling specified time periods for certain
    9         evictions under certain circumstances; requiring a
   10         court to stay certain eviction proceedings under
   11         certain circumstances; defining the term “emergency
   12         declaration period”; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 48.205, Florida Statutes, is created to
   17  read:
   18         48.205 Service of process during a state of emergency.—A
   19  writ, process, warrant, order, or judgment relating to a
   20  residential eviction, as provided in part II of chapter 83, may
   21  not be served or executed during a state of emergency declared
   22  by the President of the United States or the Governor or a
   23  governing body of a political subdivision of the state under
   24  chapter 252. This prohibition remains in effect for 15 days
   25  after the expiration or termination of the state of emergency,
   26  or, if the state of emergency is extended by the applicable
   27  authority, for 15 days after the expiration or termination of
   28  the extension. A sheriff or other person authorized to make
   29  service of process under the Florida Rules of Civil Procedure is
   30  not liable for failing to serve or execute such writ, process,
   31  warrant, order, or judgment during the emergency declaration
   32  period. For purposes of this section, the term “emergency
   33  declaration period” includes the period of time stated in the
   34  declaration of the state of emergency, and any extensions
   35  thereof, and 15 days after the expiration of such period of
   36  time.
   37         Section 2. Section 83.684, Florida Statutes, is created to
   38  read:
   39         83.684 Actions for rent or possession during a state of
   40  emergency.—A declaration of a state of emergency issued by the
   41  President of the United States or the Governor or a governing
   42  body of a political subdivision of the state under chapter 252
   43  tolls any statutory time periods relating to the eviction of a
   44  residential tenant under this part during the emergency
   45  declaration period. The court shall on its own motion stay any
   46  eviction proceeding under this part during the emergency
   47  declaration period. For purposes of this section, the term
   48  “emergency declaration period” includes the period of time
   49  stated in the declaration of the state of emergency, and any
   50  extensions thereof, and 15 days after the expiration of such
   51  period of time.
   52         Section 3. This act shall take effect July 1, 2020.