Senate Bill sb0222e1

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    CS for SB 222                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to service of process; amending

  3         s. 48.031, F.S.; deleting the requirement to

  4         use certified mail in service of a subpoena on

  5         a witness in specified cases; prohibiting a

  6         finding of contempt for failure to appear in

  7         response to a subpoena that is not certified;

  8         allowing the posting of a criminal witness

  9         subpoena under specified conditions; requiring

10         the placement of certain information on the

11         copy of the process served; providing for

12         alternative methods of service under certain

13         circumstances; amending s. 48.081, F.S.;

14         providing alternative methods of service on a

15         corporation; amending s. 48.21, F.S.; requiring

16         servers of process to provide certain

17         information on the return of service; amending

18         s. 83.13, F.S.; authorizing the party who had a

19         distress writ issued to deliver the writ to a

20         sheriff in another county; amending s. 624.307,

21         F.S.; allowing the Chief Financial Officer,

22         when serving as the attorney to receive service

23         of all legal process for certain regulated

24         persons, to send the process by any verifiable

25         means to the person last designated by the

26         regulated person to receive the process,

27         instead of requiring the process to be sent by

28         registered or certified mail; providing an

29         effective date.

30  

31  Be It Enacted by the Legislature of the State of Florida:


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    CS for SB 222                                  First Engrossed



 1         Section 1.  Subsection (3) of section 48.031, Florida

 2  Statutes, is amended, and subsections (5) and (6) are added to

 3  that section, to read:

 4         48.031  Service of process generally; service of

 5  witness subpoenas.--

 6         (3)(a)  The service of process of witness subpoenas,

 7  whether in criminal cases or civil actions, shall is to be

 8  made as provided in subsection (1). However, service of a

 9  subpoena on a witness in a criminal traffic case, a

10  misdemeanor case, or a second degree or third degree felony

11  may be made by certified United States mail directed to the

12  witness at the last known address, and the such service must

13  be mailed at least 7 days prior to the date of the witness's

14  required appearance. Failure of a witness to appear in

15  response to a subpoena served by United States mail that is

16  not certified may not be grounds for finding the witness in

17  contempt of court.

18         (b)  A criminal witness subpoena may be posted by a

19  person authorized to serve process at the witness's residence

20  if three attempts to serve the subpoena, made at different

21  times of the day or night on different dates, have failed. The

22  subpoena must be posted at least 5 days prior to the date of

23  the witness's required appearance.

24         (5)  A person serving process shall place on the copy

25  served, the date and time of service and his or her

26  identification number and initials for all service of process.

27         (6)  If the only address for a person to be served,

28  which is discoverable through public records, is a private

29  mailbox, substitute service may be made by leaving a copy of

30  the process with the person in charge of the private mailbox,

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    CS for SB 222                                  First Engrossed



 1  but only if the process server determines that the person to

 2  be served maintains a mailbox at that location.

 3         Section 2.  Subsection (3) of section 48.081, Florida

 4  Statutes, is amended to read:

 5         48.081  Service on corporation.--

 6         (3)(a)  As an alternative to all of the foregoing,

 7  process may be served on the agent designated by the

 8  corporation under s. 48.091.  However, if service cannot be

 9  made on a registered agent because of failure to comply with

10  s. 48.091, service of process shall be permitted on any

11  employee at the corporation's principal place of business or

12  on any employee of the registered agent.

13         (b)  If the address provided for the registered agent,

14  officer, director, or principal place of business is a

15  residence or private mailbox, service on the corporation may

16  be made by serving the registered agent, officer, or director

17  in accordance with s. 48.031.

18         Section 3.  Section 48.21, Florida Statutes, is amended

19  to read:

20         48.21  Return of execution of process.--Each person who

21  effects service of process All officers to whom process is

22  directed shall note on it, or on a return-of-service form

23  attached thereto, the date and time when it comes to hand, the

24  date and time when it is served executed, the manner of

25  service execution, the name of the person on whom it was

26  served executed and, if the such person is served in a

27  representative capacity, the position occupied by the person.

28  A failure to state the foregoing facts invalidates the

29  service, but the return is amendable to state the truth at any

30  time on application to the court from which the process

31  issued.  On amendment, service is as effective as if the


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    CS for SB 222                                  First Engrossed



 1  return had originally stated the omitted facts. A failure to

 2  state all the facts in the return shall subject the person

 3  effecting service officer so failing to a fine not exceeding

 4  $10, in the court's discretion.

 5         Section 4.  Subsection (6) of section 48.29, Florida

 6  Statutes, is amended to read:

 7         48.29  Certification of process servers.--

 8         (6)  A certified process server shall place the

 9  information provided in s. 48.031(5) on the copy served.

10  (a)  A certified process server shall place on the face of any

11  process served by him or her, his or her printed name,

12  signature, and identification number, and words stating that

13  he or she is a certified process server in the circuit wherein

14  he or she is serving the process. In addition, the certified

15  process server shall endorse on the original process, and on

16  all copies served, the date and hour of service.

17         (b)  Return of service shall be made by a certified

18  process server on a form which has been reviewed and approved

19  by the court.

20         Section 5.  Section 83.13, Florida Statutes, is amended

21  to read:

22         83.13  Levy of writ.--The sheriff shall execute the

23  writ by service on defendant and, upon the order of the court,

24  by levy on property distrainable for rent or advances, if

25  found in the sheriff's jurisdiction. If the property is not so

26  found but is in another jurisdiction, the party who had the

27  writ issued sheriff shall deliver the writ to the proper

28  sheriff in the other jurisdiction; and that the other sheriff

29  shall execute the writ, upon order of the court, by levying on

30  the property and delivering it to the sheriff of the county in

31  which the action is pending, to be disposed of according to


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    CS for SB 222                                  First Engrossed



 1  law, unless he or she is ordered by the court from which the

 2  writ emanated to hold the property and dispose of it in his or

 3  her jurisdiction according to law. If the plaintiff shows by a

 4  sworn statement that the defendant cannot be found within the

 5  state, the levy on the property suffices as service on the

 6  defendant.

 7         Section 6.  Subsection (8) is added to section 624.307,

 8  Florida Statutes, to read:

 9         624.307  General powers; duties.--

10         (8)  Upon receiving service of legal process issued in

11  any civil action or proceeding in this state against any

12  regulated person required to appoint the Chief Financial

13  Officer as its attorney to receive service of all legal

14  process, the Chief Financial Officer, as attorney, may, in

15  lieu of sending the process by registered or certified mail,

16  send the process by any other verifiable means to the person

17  last designated by the regulated person to receive the

18  process.

19         Section 7.  This act shall take effect July 1, 2004.

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