CS/HB 59

1
A bill to be entitled
2An act relating to service of process; amending s. 30.231,
3F.S.; authorizing a sheriff to charge a fee for processing
4a writ of execution; authorizing a person to provide the
5sheriff with an electronic copy of a process for service;
6amending s. 48.031, F.S.; directing a process server to
7place required information on the first page of at least
8one of the processes served; requiring a process server to
9list all initial pleadings delivered and served along with
10the process on the return-of-service form; requiring the
11person issuing the process to file the return-of-service
12form with the court; granting authorized process servers
13unannounced access to specified residential areas where a
14defendant or witness resides or is known to be; amending
15s. 48.081, F.S.; authorizing a person attempting to serve
16process on the registered agent of a corporation to serve
17the process, in specified circumstances, on any employee
18of the registered agent during the first attempt at
19service even if the registered agent is temporarily absent
20from his or her office; amending s. 48.151, F.S.; revising
21the number of copies of process that must be served on
22statutory agents for certain persons; providing that
23records may be retained as paper or electronic copies;
24amending s. 48.21, F.S.; requiring a process server to
25sign the return-of-service form; authorizing an employee
26of a sheriff to sign a return-of-service form
27electronically; providing that the failure to sign a
28return-of-service form invalidates the service and
29subjects the process server to a fine; amending s. 48.29,
30F.S.; directing a process server to place required
31information on the first page of at least one of the
32processes served; amending s. 624.423, F.S.; reducing the
33number of copies to be served on the Chief Financial
34Officer or an assistant as process agent of an insurer;
35providing that records may be retained as paper or
36electronic copies; providing an effective date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Paragraph (d) of subsection (1) and subsection
41(3) of section 30.231, Florida Statutes, are amended to read:
42     30.231  Sheriffs' fees for service of summons, subpoenas,
43and executions.-
44     (1)  The sheriffs of all counties of the state in civil
45cases shall charge fixed, nonrefundable fees for docketing and
46service of process, according to the following schedule:
47     (d)  Executions:
48     1.  Forty dollars for processing docketing and indexing
49each writ of execution, regardless of the number of persons
50involved.
51     2.  Fifty dollars for each levy.
52     a.  A levy is considered made when any property or any
53portion of the property listed or unlisted in the instructions
54for levy is seized, or upon demand of the sheriff the writ is
55satisfied by the defendant in lieu of seizure. Seizure requires
56that the sheriff take actual possession, if practicable, or,
57alternatively, constructive possession of the property by order
58of the court.
59     b.  When the instructions are for levy upon real property,
60a levy fee is required for each parcel described in the
61instructions.
62     c.  When the instructions are for levy based upon personal
63property, one fee is allowed, unless the property is seized at
64different locations, conditional upon all of the items being
65advertised collectively and the sale being held at a single
66location. However, if the property seized cannot be sold at one
67location during the same sale as advertised, but requires
68separate sales at different locations, the sheriff is then
69authorized to impose a levy fee for the property and sale at
70each location.
71     3.  Forty dollars for advertisement of sale under process.
72     4.  Forty dollars for each sale under process.
73     5.  Forty dollars for each deed, bill of sale, or
74satisfaction of judgment.
75     (3)  It shall be the responsibility of The party requesting
76service of process must to furnish to the sheriff the original
77process, or a certified copy of the process, or an electronic
78copy of the process, which was signed and certified by the clerk
79of court, and sufficient copies to be served on the parties
80receiving the service of process. The party requesting service
81of process shall provide the sheriff with the best known address
82where the person may be served. Failure to perfect service at
83the address provided does not excuse the sheriff from his or her
84duty to exercise due diligence in locating the person to be
85served.
86     Section 2.  Subsection (5) of section 48.031, Florida
87Statutes, is amended, and subsection (7) is added to that
88section, to read:
89     48.031  Service of process generally; service of witness
90subpoenas.-
91     (5)  A person serving process shall place, on the first
92page of at least one of the processes copy served, the date and
93time of service and his or her identification number and
94initials for all service of process. The person serving process
95shall list on the return-of-service form all initial pleadings
96delivered and served along with the process. The person issuing
97the process shall file the return-of-service form with the
98court.
99     (7)  A gated residential community, including a condominium
100association or a cooperative, shall grant unannounced entry into
101the community, including its common areas and common elements,
102to a person who is attempting to serve process on a defendant or
103witness who resides within or is known to be within the
104community.
105     Section 3.  Paragraph (a) of subsection (3) of section
10648.081, Florida Statutes, is amended to read:
107     48.081  Service on corporation.-
108     (3)(a)  As an alternative to all of the foregoing, process
109may be served on the agent designated by the corporation under
110s. 48.091. However, if service cannot be made on a registered
111agent because of failure to comply with s. 48.091, service of
112process shall be permitted on any employee at the corporation's
113principal place of business or on any employee of the registered
114agent. A person attempting to serve process pursuant to this
115paragraph may serve the process on any employee of the
116registered agent during the first attempt at service even if the
117registered agent is temporarily absent from his or her office.
118     Section 4.  Subsection (1) of section 48.151, Florida
119Statutes, is amended, and subsection (6) is added to that
120section, to read:
121     48.151  Service on statutory agents for certain persons.-
122     (1)  When any law designates a public officer, board,
123agency, or commission as the agent for service of process on any
124person, firm, or corporation, service of process thereunder
125shall be made by leaving one copy two copies of the process with
126the public officer, board, agency, or commission or in the
127office thereof, or by mailing one copy said copies to the public
128officer, board, agency, or commission. The public officer,
129board, agency, or commission so served shall retain a record
130file one copy in his or her or its records and promptly send the
131other copy served, by registered or certified mail, to the
132person to be served as shown by his or her or its records. Proof
133of service on the public officer, board, agency, or commission
134shall be by a notice accepting the process which shall be issued
135by the public officer, board, agency, or commission promptly
136after service and filed in the court issuing the process. The
137notice accepting service shall state the date upon which the
138copy of the process was mailed by the public officer, board,
139agency, or commission to the person being served and the time
140for pleading prescribed by the rules of procedure shall run from
141this date. The service is valid service for all purposes on the
142person for whom the public officer, board, agency, or commission
143is statutory agent for service of process.
144     (6)  For purposes of this section, records may be retained
145as paper or electronic copies.
146     Section 5.  Section 48.21, Florida Statutes, is amended to
147read:
148     48.21  Return of execution of process.-
149     (1)  Each person who effects service of process shall note
150on a return-of-service form attached thereto, the date and time
151when it comes to hand, the date and time when it is served, the
152manner of service, the name of the person on whom it was served
153and, if the person is served in a representative capacity, the
154position occupied by the person. The return-of-service form must
155be signed by the person who effects the service of process.
156However, a person employed by a sheriff who effects the service
157of process may sign the return-of-service form using an
158electronic signature certified by the sheriff.
159     (2)  A failure to state the foregoing facts or to include
160the signature required by subsection (1) invalidates the
161service, but the return is amendable to state the facts or to
162include the signature truth at any time on application to the
163court from which the process issued. On amendment, service is as
164effective as if the return had originally stated the omitted
165facts or included the signature. A failure to state all the
166facts in or to include the signature on the return shall subject
167the person effecting service to a fine not exceeding $10, in the
168court's discretion.
169     Section 6.  Subsection (6) of section 48.29, Florida
170Statutes, is amended to read:
171     48.29  Certification of process servers.-
172     (6)  A certified process server shall place the information
173required provided in s. 48.031(5) on the first page of at least
174one of the processes copy served. Return of service shall be
175made by a certified process server on a form which has been
176reviewed and approved by the court.
177     Section 7.  Subsection (1) of section 624.423, Florida
178Statutes, is amended to read:
179     624.423  Serving process.-
180     (1)  Service of process upon the Chief Financial Officer as
181process agent of the insurer (under s. 624.422) shall be made by
182serving a copy copies in triplicate of the process upon the
183Chief Financial Officer or upon her or his assistant, deputy, or
184other person in charge of her or his office. Upon receiving such
185service, the Chief Financial Officer shall retain a record file
186one copy in her or his office, return one copy with her or his
187admission of service, and promptly forward one copy of the
188process by registered or certified mail to the person last
189designated by the insurer to receive the same, as provided under
190s. 624.422(2). For purposes of this section, records may be
191retained as paper or electronic copies.
192     Section 8.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.