Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 328
       
       
       
       
       
       
                                Barcode 161648                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             05/03/2011 03:34 PM       .                                
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       Senator Margolis moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 110 and 111
    4  insert:
    5         Section 4. Section 48.151, Florida Statutes is amended to
    6  read:
    7         48.151 Service on statutory agents for certain persons.—
    8         (1) When any law designates a public officer, board,
    9  agency, or commission as the agent for service of process on any
   10  person, firm, or corporation, service of process thereunder
   11  shall be made by leaving one copy two copies of the process with
   12  the public officer, board, agency, or commission or in the
   13  office thereof, or by mailing one copy said copies to the public
   14  officer, board, agency, or commission. The public officer,
   15  board, agency, or commission so served shall retain a record of
   16  the process file one copy in his or her or its records and
   17  promptly send the other copy, by registered or certified mail,
   18  to the person to be served as shown by his or her or its
   19  records. Proof of service on the public officer, board, agency,
   20  or commission shall be by a notice accepting the process which
   21  shall be issued by the public officer, board, agency, or
   22  commission promptly after service and filed in the court issuing
   23  the process. The notice accepting service shall state the date
   24  upon which the copy of the process was mailed by the public
   25  officer, board, agency, or commission to the person being served
   26  and the time for pleading prescribed by the rules of procedure
   27  shall run from this date. The service is valid service for all
   28  purposes on the person for whom the public officer, board,
   29  agency, or commission is statutory agent for service of process.
   30         (2) This section does not apply to substituted service of
   31  process on nonresidents.
   32         (3) The Chief Financial Officer or his or her assistant or
   33  deputy or another person in charge of the office is the agent
   34  for service of process on all insurers applying for authority to
   35  transact insurance in this state, all licensed nonresident
   36  insurance agents, all nonresident disability insurance agents
   37  licensed pursuant to s. 626.835, any unauthorized insurer under
   38  s. 626.906 or s. 626.937, domestic reciprocal insurers,
   39  fraternal benefit societies under chapter 632, warranty
   40  associations under chapter 634, prepaid limited health service
   41  organizations under chapter 636, and persons required to file
   42  statements under s. 628.461.
   43         (4) The Director of the Office of Financial Regulation of
   44  the Financial Services Commission is the agent for service of
   45  process for any issuer as defined in s. 517.021, or any dealer,
   46  investment adviser, or associated person registered with that
   47  office, for any violation of any provision of chapter 517.
   48         (5) The Secretary of State is the agent for service of
   49  process for any retailer, dealer or vendor who has failed to
   50  designate an agent for service of process as required under s.
   51  212.151 for violations of chapter 212.
   52         (6) For purposes of this section, records may be retained
   53  in a paper copy or an electronic copy.
   54  
   55  ================= T I T L E  A M E N D M E N T ================
   56         And the title is amended as follows:
   57         Delete line 22
   58  and insert:
   59         absent from his or her office; amending s. 48.151,
   60         F.S.; reducing the number of copies of a process that
   61         must be served on the statutory agent of certain
   62         persons; requiring the statutory agent to retain a
   63         record of the process; authorizing records to be
   64         retained in a paper copy or an electronic copy;
   65         amending s. 48.21,