Florida Senate - 2014                                     SB 912
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00551-14                                             2014912__
    1                        A bill to be entitled                      
    2         An act relating to service of process; amending s.
    3         48.031, F.S.; providing that certain individuals
    4         authorized to serve process do not commit the offense
    5         of trespass on property other than a structure or
    6         conveyance and are not subject to civil liability
    7         under certain circumstances; amending s. 810.09, F.S.;
    8         providing that the offense of trespass on property
    9         other than a structure or conveyance is not applicable
   10         to certain persons who are authorized to serve process
   11         under certain circumstances; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (1) of section 48.031, Florida
   17  Statutes, is amended to read:
   18         48.031 Service of process generally; service of witness
   19  subpoenas.—
   20         (1)(a) Service of original process is made by delivering a
   21  copy of it to the person to be served with a copy of the
   22  complaint, petition, or other initial pleading or paper or by
   23  leaving the copies at his or her usual place of abode with any
   24  person residing therein who is 15 years of age or older and
   25  informing the person of their contents. A minor Minors who is
   26  are or has have been married is shall be served as provided in
   27  this section.
   28         (b) An individual authorized to serve process pursuant to
   29  this chapter; Rule 3.030, Florida Rules of Criminal Procedure;
   30  or Rule 1.070, Florida Rules of Civil Procedure does not commit
   31  the offense of trespass on property other than a structure or
   32  conveyance under s. 810.09 and is not subject to civil liability
   33  if his or her entrance onto such property is necessary to serve
   34  process.
   35         (c)(b) An employer Employers, when contacted by an
   36  individual authorized to serve make service of process, shall
   37  allow permit the authorized individual to serve an employee make
   38  service on employees in a private area designated by the
   39  employer.
   40         Section 2. Subsection (4) is added to section 810.09,
   41  Florida Statutes, to read:
   42         810.09 Trespass on property other than structure or
   43  conveyance.—
   44         (4) This section does not apply to a person who is
   45  authorized to serve process pursuant to chapter 48; Rule 3.030,
   46  Florida Rules of Criminal Procedure; or Rule 1.070, Florida
   47  Rules of Civil Procedure if his or her entrance onto such
   48  property is necessary to serve process.
   49         Section 3. This act shall take effect July 1, 2014.