Florida Senate - 2022                                     SB 750
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-00771-22                                            2022750__
    1                        A bill to be entitled                      
    2         An act relating to service of process; amending s.
    3         48.031, F.S.; requiring employers to facilitate
    4         service of process by making employees available to
    5         accept service; providing criminal penalties for
    6         employers who fail to facilitate such service;
    7         requiring persons in charge of private mailboxes,
    8         virtual offices, and executive offices or mini suites
    9         to confirm whether a person to be served maintains a
   10         private mailbox, a virtual office, or an executive
   11         office or mini suite at that location; providing
   12         criminal penalties for such persons in charge who
   13         refuse to make such confirmation; amending ss. 48.062
   14         and 48.081, F.S.; authorizing service on the
   15         registered agents of limited liability companies and
   16         corporations, respectively, and other specified
   17         persons at any hour at a residence or private mailbox;
   18         specifying that service is not required to be first
   19         attempted during the hours a corporation’s registered
   20         office is required to be open; amending s. 48.27,
   21         F.S.; authorizing certified process servers to serve
   22         any nonenforceable civil process; amending ss. 48.111
   23         and 1001.40, F.S.; authorizing public agencies,
   24         boards, commissions, departments, or subdivisions and
   25         school districts, respectively, to designate one or
   26         more employees to accept service in lieu of specified
   27         officers and members; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Paragraph (b) of subsection (1) and subsection
   32  (6) of section 48.031, Florida Statutes, are amended to read:
   33         48.031 Service of process generally; service of witness
   34  subpoenas.—
   35         (1)
   36         (b) An employer, when contacted by an individual authorized
   37  to serve process, shall facilitate service of process by making
   38  the employee available to accept service and allow the
   39  authorized individual to serve the an employee in a private area
   40  designated by the employer. An employer who fails to comply with
   41  this paragraph commits a noncriminal violation of s. 843.02,
   42  punishable by a fine of up to $1,000.
   43         (6)(a) If the only address for a person to be served which
   44  is discoverable through public records is a private mailbox, a
   45  virtual office, or an executive office or mini suite,
   46  substituted service may be made by leaving a copy of the process
   47  with the person in charge of the private mailbox, virtual
   48  office, or executive office or mini suite, but only if the
   49  process server determines that the person to be served maintains
   50  a mailbox, a virtual office, or an executive office or mini
   51  suite at that location.
   52         (b) If the process server presents the name and address of
   53  the person to be served to the person in charge of the private
   54  mailbox, the virtual office, or the executive office or mini
   55  suite, the person in charge must confirm whether the person to
   56  be served maintains a private mailbox, a virtual office, or an
   57  executive office or mini suite at that location. Refusal by the
   58  person in charge to make such confirmation is a violation of s.
   59  843.02.
   60         (c) For purposes of this subsection, the term “virtual
   61  office” means an office that provides communications services,
   62  such as telephone or facsimile services, and address services
   63  without providing dedicated office space, and where all
   64  communications are routed through a common receptionist. The
   65  term “executive office or mini suite” means an office that
   66  provides communications services, such as telephone and
   67  facsimile services, a dedicated office space, and other
   68  supportive services, and where all communications are routed
   69  through a common receptionist.
   70         Section 2. Subsection (4) of section 48.062, Florida
   71  Statutes, is amended to read:
   72         48.062 Service on a limited liability company.—
   73         (4)(a) If the address for the registered agent, member, or
   74  manager is a residence, a private mailbox, a virtual office, or
   75  an executive office or mini suite, service on the domestic or
   76  foreign limited liability company may be made by serving the
   77  registered agent, member, or manager in accordance with s.
   78  48.031.
   79         (b)If the address for the registered agent, member, or
   80  manager is a residence or a private mailbox, the service may be
   81  made at any hour and does not first need to be attempted during
   82  the hours a limited liability company’s registered office is
   83  required to be open under s. 48.091(2).
   84         Section 3. Paragraph (b) of subsection (3) of section
   85  48.081, Florida Statutes, is amended to read:
   86         48.081 Service on corporation.—
   87         (3)
   88         (b)1. If the address for the registered agent, officer,
   89  director, or principal place of business is a residence, a
   90  private mailbox, a virtual office, or an executive office or
   91  mini suite, service on the corporation may be made by serving
   92  the registered agent, officer, or director in accordance with s.
   93  48.031.
   94         2.If the address for the registered agent, officer, or
   95  director is a residence or a private mailbox, the service may be
   96  made at any hour and does not first need to be attempted during
   97  the hours a corporation’s registered office is required to be
   98  open under s. 48.091(2).
   99         Section 4. Paragraph (a) of subsection (2) of section
  100  48.27, Florida Statutes, is amended to read:
  101         48.27 Certified process servers.—
  102         (2)(a) The addition of a person’s name to the list
  103  authorizes him or her to serve initial nonenforceable civil
  104  process on a person found within the circuit where the process
  105  server is certified when a civil action has been filed against
  106  such person in the circuit court or in a county court in this
  107  the state. Upon filing an action in circuit or county court, a
  108  person may select from the list for the circuit where the
  109  process is to be served one or more certified process servers to
  110  serve initial nonenforceable civil process.
  111         Section 5. Subsection (4) is added to section 48.111,
  112  Florida Statutes, to read:
  113         48.111 Service on public agencies and officers.—
  114         (4) A public agency, board, commission, department, or
  115  subdivision described in subsection (1), subsection (2), or
  116  subsection (3) may designate one or more of its employees to
  117  accept service in lieu of the public officers and members
  118  described in subsection (1), subsection (2), or subsection (3).
  119         Section 6. Section 1001.40, Florida Statutes, is amended to
  120  read:
  121         1001.40 District school board to constitute a corporation.—
  122         (1) The governing body of each school district shall be a
  123  district school board. Each district school board is constituted
  124  a body corporate by the name of “The School Board of ....
  125  County, Florida.”
  126         (2)(a) In all suits against district school boards, service
  127  of process must shall be made had on the chair of the district
  128  school board or, if he or she cannot be found, on the district
  129  school superintendent as executive officer of the district
  130  school board or, in the absence of the chair and the district
  131  school superintendent, on another member of the district school
  132  board.
  133         (b) A school district may designate one or more district
  134  employees to accept service of process in lieu of the school
  135  board officers and members described in paragraph (a).
  136         Section 7. This act shall take effect July 1, 2022.