Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 576
       
       
       
       
       
       
                                Ì866752<Î866752                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/12/2025           .                                
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       The Committee on Judiciary (Leek) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 180 - 222
    4  and insert:
    5  additional time as the court allows. The affidavit of compliance
    6  must set forth the facts that justify such substituted service
    7  under this section and must contain sufficient facts showing:
    8         (a) That show due diligence was exercised in attempting to
    9  locate and effectuate personal service on the party; and
   10         (b) To the extent applicable, the party’s nonresidence or
   11  concealment, or that the party is a business entity for which
   12  substituted service is otherwise authorized by law before using
   13  substituted service under this section. The party effectuating
   14  service does not need to allege in its original or amended
   15  complaint the facts required to be set forth in the affidavit of
   16  compliance.
   17         (4)(3) When an individual or a business entity conceals its
   18  whereabouts, the party seeking to effectuate service may, after
   19  exercising due diligence to locate and effectuate personal
   20  service, may use substituted service pursuant to subsection (1)
   21  in connection with any action in which the court has
   22  jurisdiction over such individual or business entity. The party
   23  seeking to effectuate service must also comply with subsection
   24  (3) (2); however, a return receipt or other proof showing
   25  acceptance of receipt of the notice of service and a copy of the
   26  process by the concealed party need not be filed.
   27         (5)(4) The party effectuating service is considered to have
   28  used due diligence if that party:
   29         (a) Made diligent inquiry and exerted an honest and
   30  conscientious effort appropriate to the circumstances to acquire
   31  the information necessary to effectuate personal service;
   32         (b) In seeking to effectuate personal service, reasonably
   33  employed the knowledge at the party’s command, including
   34  knowledge obtained pursuant to paragraph (a); and
   35         (c) Made an appropriate number of attempts to serve the
   36  party, taking into account the particular circumstances, during
   37  such times when and where such party is reasonably likely to be
   38  found, as determined through resources reasonably available to
   39  the party seeking to secure service of process.
   40         (6)(5) If any individual on whom service of process is
   41  authorized under subsection (1) dies, service may be made in the
   42  same manner on his or her administrator, executor, curator, or
   43  personal representative.
   44         (7)(6) The Secretary of State may designate an individual
   45  in his or her office to accept service.
   46         (8)(7) Service of process is effectuated under this section
   47  on the date the affidavit of compliance is filed, or the date
   48  when the notice of service requirements under subsection (3) are
   49  completed, whichever is later service is received by the
   50  Department of State.
   51  
   52  ================= T I T L E  A M E N D M E N T ================
   53  And the title is amended as follows:
   54         Delete line 27
   55  and insert:
   56         certain affidavit of compliance; providing that a
   57         certain service of process is effectuated under
   58         specified circumstances; providing that the