Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 912
Ì173804%Î173804
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
03/12/2014 .
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1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (1) and (3) of section 48.031,
6 Florida Statutes, are amended to read:
7 48.031 Service of process generally; service of witness
8 subpoenas.—
9 (1)(a) Service of original process is made by delivering a
10 copy of it to the person to be served with a copy of the
11 complaint, petition, or other initial pleading or paper or by
12 leaving the copies at his or her usual place of abode with any
13 person residing therein who is 15 years of age or older and
14 informing the person of their contents. A minor Minors who is
15 are or has have been married is shall be served as provided in
16 this section.
17 (b) An individual authorized to serve process pursuant to
18 this chapter; Rule 3.030, Florida Rules of Criminal Procedure;
19 or Rule 1.070, Florida Rules of Civil Procedure does not commit
20 the offense of trespass on property other than a structure or
21 conveyance under s. 810.09 and is not subject to civil liability
22 if his or her entrance onto such property is necessary to serve
23 process and the process server does not open a closed gate or
24 door or cross over any fences.
25 (c)(b) An employer Employers, when contacted by an
26 individual authorized to serve make service of process, shall
27 allow permit the authorized individual to serve an employee make
28 service on employees in a private area designated by the
29 employer.
30 (3)(a) The service of process of witness subpoenas, whether
31 in criminal cases or civil actions, shall be made as provided in
32 subsection (1). However, service of a subpoena on a witness in a
33 criminal traffic case, a misdemeanor case, or a second degree or
34 third degree felony may be made by United States mail directed
35 to the witness at the last known address, and the service must
36 be mailed at least 7 days before prior to the date of the
37 witness’s required appearance. Failure of a witness to appear in
38 response to a subpoena served by United States mail that is not
39 certified may not be grounds for finding the witness in contempt
40 of court.
41 (b) A criminal witness subpoena commanding the witness to
42 appear for a court appearance may be posted by a person
43 authorized to serve process at the witness’s residence if three
44 attempts to serve the subpoena, made at different times of the
45 day or night on different dates, have failed. A criminal witness
46 subpoena commanding the witness to appear for a deposition may
47 be posted at the witness’s residence by a person authorized to
48 serve process if one attempt to serve the subpoena has failed.
49 The subpoena must be posted at least 5 days before prior to the
50 date of the witness’s required appearance.
51 Section 2. Subsection (4) is added to section 810.09,
52 Florida Statutes, to read:
53 810.09 Trespass on property other than structure or
54 conveyance.—
55 (4) This section does not apply to a person who is
56 authorized to serve process pursuant to chapter 48; Rule 3.030,
57 Florida Rules of Criminal Procedure; or Rule 1.070, Florida
58 Rules of Civil Procedure if his or her entrance onto such
59 property is necessary to serve process and the process server
60 does not open a closed gate or door or cross over any fences.
61 Section 3. This act shall take effect July 1, 2014.
62
63 ================= T I T L E A M E N D M E N T ================
64 And the title is amended as follows:
65 Delete everything before the enacting clause
66 and insert:
67 A bill to be entitled
68 An act relating to service of process; amending s.
69 48.031, F.S.; providing that certain individuals
70 authorized to serve process do not commit the offense
71 of trespass on property other than a structure or
72 conveyance and are not subject to civil liability
73 under certain circumstances; allowing the posting of a
74 criminal witness subpoena under specified
75 circumstances; amending s. 810.09, F.S.; providing
76 that the offense of trespass on property other than a
77 structure or conveyance is not applicable to certain
78 persons who are authorized to serve process under
79 certain circumstances; providing an effective date.