Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 522
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/29/2023           .                                
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       The Committee on Judiciary (Grall) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 48.184, Florida Statutes, is amended to
    6  read:
    7         48.184 Service of process for removal of unknown parties in
    8  possession.—
    9         (1) This section applies only to actions governed by s.
   10  82.03, s. 83.21, s. 83.59, or s. 723.061 and only to the extent
   11  that such actions seek relief for the removal of an unknown
   12  party or parties in possession of real property. The provisions
   13  of this section are cumulative to other provisions of law or
   14  rules of court about service of process, and all other such
   15  provisions are cumulative to this section.
   16         (2) A summons must be issued in the name of “Unknown Party
   17  or Parties in Possession” when the name of an occupant or
   18  occupants of real property is not known to the plaintiff and the
   19  property may be or is known to be occupied by an the unknown
   20  party is identified in the complaint and summons. A separate
   21  summons must be issued for each such unknown occupant.
   22         (3) The plaintiff shall attempt to serve the summons on any
   23  unknown occupant of the property described in the summons and
   24  complaint. If service on the unknown occupant or occupants is
   25  not effectuated on the first attempt, at least two additional
   26  attempts must be made. The three attempts to obtain service must
   27  be made once during business hours, once during nonbusiness
   28  hours, and once during a weekend. The process server shall make
   29  an inquiry as to the name of the unknown occupant or occupants
   30  at the time of service. The return of service must note the name
   31  of every the occupant if obtained by the process server or state
   32  that the name of the occupant or occupants could not be obtained
   33  after inquiry. If the name of an the occupant becomes known to
   34  the plaintiff through the return of service or otherwise,
   35  without notice or hearing thereon, all subsequent proceedings
   36  must be conducted under the true name of such occupant and all
   37  prior proceedings are deemed amended accordingly.
   38         (4) Service of process must also be made on unknown
   39  occupants by both of the following means:
   40         (a) By attaching a copy of the summons and complaint to a
   41  conspicuous location on the premises involved in the
   42  proceedings.
   43         (b) Upon issuance of the summons, by the plaintiff
   44  providing the clerk of the court with one additional copy of the
   45  summons and complaint for each unknown occupant and a prestamped
   46  envelope for each unknown occupant addressed to the unknown
   47  occupant at the address of the premises involved in the
   48  proceedings. The clerk of the court shall immediately mail a
   49  copy of the summons and complaint by first-class mail, note the
   50  fact of mailing in the docket, and file a certificate in the
   51  court file of the fact and date of mailing. The clerk of the
   52  court shall charge such fees for such services as provided by
   53  law.
   54         (5) Service is effective on the unknown occupant or
   55  occupants in possession on the later of the date that personal
   56  service is made, the date of attaching the summons and complaint
   57  to a conspicuous location on the premises, or upon mailing by
   58  the clerk.
   59         (6) The judgment and writ of possession must refer to any
   60  unknown occupant in possession by name if the name is shown on
   61  the return of service or is otherwise known to the plaintiff. If
   62  the name of any unknown occupant in possession is not shown on
   63  the return of service or otherwise known to the plaintiff and
   64  service has been effectuated as provided in this section, the
   65  judgment and writ of possession must refer to the each such
   66  person as “Unknown Party or Parties in Possession,” and the writ
   67  of possession must be executed by the sheriff by dispossessing
   68  all of the occupants and placing the plaintiff in possession of
   69  the property.
   70         Section 2. This act shall take effect July 1, 2023.
   71  
   72  ================= T I T L E  A M E N D M E N T ================
   73  And the title is amended as follows:
   74         Delete everything before the enacting clause
   75  and insert:
   76                        A bill to be entitled                      
   77         An act relating to removal of unknown parties in
   78         possession; amending s. 48.184, F.S.; revising
   79         requirements for service on unknown parties in
   80         possession; providing an effective date.