Florida Senate - 2015                                     SB 672
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00578-15                                             2015672__
    1                        A bill to be entitled                      
    2         An act relating to service of process; amending s.
    3         48.031, F.S.; authorizing a criminal witness subpoena
    4         commanding a witness to appear for a deposition to be
    5         posted at the witness’s residence by an authorized
    6         person if one attempt to serve the subpoena has
    7         failed; reenacting ss. 48.196(2) and 409.257(5), F.S.,
    8         to incorporate the amendment made to s. 48.031, F.S.,
    9         in references thereto; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (b) of subsection (3) of section
   14  48.031, Florida Statutes, is amended to read:
   15         48.031 Service of process generally; service of witness
   16  subpoenas.—
   17         (3)
   18         (b) A criminal witness subpoena commanding the witness to
   19  appear for a court appearance may be posted by a person
   20  authorized to serve process at the witness’s residence if three
   21  attempts to serve the subpoena, made at different times of the
   22  day or night on different dates, have failed. A criminal witness
   23  subpoena commanding the witness to appear for a deposition may
   24  be posted by a person authorized to serve process at the
   25  witness’s residence if one attempt to serve the subpoena has
   26  failed. The subpoena must be posted at least 5 days before prior
   27  to the date of the witness’s required appearance.
   28         Section 2. Subsection (2) of s. 48.196 and subsection (5)
   29  of s. 409.257, Florida Statutes, are reenacted for the purpose
   30  of incorporating the amendment made by this act to s. 48.031,
   31  Florida Statutes, in references thereto.
   32         Section 3. This act shall take effect July 1, 2015.