ENROLLED
       2019 Legislature                                  CS for SB 7006
       
       
       
       
       
       
                                                             20197006er
    1  
    2         An act relating to the Uniform Interstate Depositions
    3         and Discovery Act; amending s. 92.251, F.S.; revising
    4         a short title; defining terms; requiring a party to
    5         submit a foreign subpoena to a clerk of court in this
    6         state for the issuance of a subpoena in this state;
    7         requiring the clerk of court to promptly issue a
    8         subpoena for service upon the person to whom the
    9         foreign subpoena is directed; providing requirements
   10         for the subpoena; requiring that the service of the
   11         subpoena be served in compliance with the laws of this
   12         state and the Florida Rules of Civil Procedure;
   13         specifying that laws and rules governing compliance
   14         with subpoenas apply to subpoenas issued pursuant to
   15         the act; requiring that applications challenging a
   16         subpoena issued pursuant to the act comply with the
   17         statutes and rules of this state and be submitted to a
   18         specified court; providing for the uniform
   19         construction and application of the act; specifying
   20         that the act does not apply to criminal proceedings;
   21         providing applicability; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 92.251, Florida Statutes, is amended to
   26  read:
   27         92.251 Uniform Interstate Foreign Depositions and Discovery
   28  Act Law.—
   29         (1) SHORT TITLE.—This section may be cited as the “Uniform
   30  Interstate Foreign Depositions and Discovery Act Law.”
   31         (2)DEFINITIONS.As used in this section, the term:
   32         (a)Foreign jurisdiction” means a state other than this
   33  state.
   34         (b)“Foreign subpoena” means a subpoena issued under
   35  authority of a court of record of a foreign jurisdiction.
   36         (c)“Person” means an individual, corporation, business
   37  trust, estate, trust, partnership, limited liability company,
   38  association, joint venture, public corporation, government, or
   39  governmental subdivision, agency or instrumentality, or any
   40  other legal or commercial entity.
   41         (d)“State” means a state of the United States, the
   42  District of Columbia, Puerto Rico, the United States Virgin
   43  Islands, a federally recognized Indian tribe, or any territory
   44  or insular possession subject to the jurisdiction of the United
   45  States.
   46         (e)“Subpoena” means a document, however denominated,
   47  issued under authority of a court of record requiring a person
   48  to:
   49         1.Attend and give testimony at a deposition;
   50         2. Produce and permit inspection and copying of designated
   51  books, documents, records, electronically stored information, or
   52  tangible things in the possession, custody, or control of the
   53  person; or
   54         3. Permit inspection of premises under the control of the
   55  person.
   56         (3)ISSUANCE OF SUBPOENA.
   57         (a)To request issuance of a subpoena under this section, a
   58  party from a foreign jurisdiction must submit a foreign subpoena
   59  to a clerk of court in the county in this state in which
   60  discovery is sought. A request for the issuance of a subpoena
   61  under this act does not constitute an appearance in the courts
   62  of this state.
   63         (b)When a party submits a foreign subpoena to a clerk of
   64  court in this state, the clerk, in accordance with that court’s
   65  procedure, shall promptly issue a subpoena for service upon the
   66  person to which the foreign subpoena is directed.
   67         (c)A subpoena pursuant to paragraph (b) shall:
   68         1.Incorporate the terms used in the foreign subpoena; and
   69         2.Contain or be accompanied by the names, addresses, and
   70  telephone numbers of all counsel of record in the proceeding to
   71  which the subpoena relates and of any party not represented by
   72  counsel.
   73         (4) SERVICE OF SUBPOENA.—A subpoena issued by a clerk of
   74  court under subsection (3) must be served in compliance with the
   75  laws of this state and the Florida Rules of Civil Procedure.
   76         (5) DEPOSITION, PRODUCTION, AND INSPECTION.—The laws and
   77  rules of this state govern and apply to all subpoenas issued
   78  under subsection (3).
   79         (6) APPLICATION TO COURT.—An application to the court for a
   80  protective order or to enforce, quash, or modify a subpoena
   81  issued by a clerk of court under subsection (3) must comply with
   82  the statutes and rules of this state and be submitted to the
   83  court in the county in which discovery is to be conducted.
   84         (7) UNIFORMITY OF APPLICATION AND CONSTRUCTION.—In applying
   85  and construing this uniform act, consideration must be given to
   86  the need to promote uniformity of the law with respect to its
   87  subject matter among states that enact it.
   88         (8) INAPPLICABILITY TO CRIMINAL PROCEEDINGS.—This act does
   89  not apply to criminal proceedings.
   90         (2) Whenever any mandate, writ or commission is issued out
   91  of any court of record in any other state, territory, district,
   92  or foreign jurisdiction, or whenever upon notice or agreement it
   93  is required to take the testimony of a witness or witnesses in
   94  this state, witnesses may be compelled to appear and testify in
   95  the same manner and by the same process and proceeding as may be
   96  employed for the purpose of taking testimony in proceedings
   97  pending in this state.
   98         (3) This section shall be so interpreted and construed as
   99  to effectuate its general purposes to make uniform the law of
  100  those states which enact it.
  101         Section 2. This act applies to requests for discovery in
  102  all proceedings pending or commenced on or after July 1, 2019.
  103         Section 3. This act shall take effect July 1, 2019.