Florida Senate - 2016                                    SB 1104
       By Senator Flores
       37-00619B-16                                          20161104__
    1                        A bill to be entitled                      
    2         An act relating to service of process on financial
    3         institutions; amending s. 655.005, F.S.; defining the
    4         term “department”; amending s. 655.0201, F.S.;
    5         revising provisions for service of process made on a
    6         financial institution; authorizing a financial
    7         institution to designate a central location within the
    8         state which is the sole location where service of
    9         process on the financial institution and its branches
   10         may be made within the state; specifying a notice to
   11         be filed with the Department of Financial Services if
   12         a financial institution elects to designate such a
   13         central location; specifying types of service of
   14         process to be made at the central location; requiring
   15         the department to publish a list of central locations
   16         on its website and update the list in a specified
   17         manner; revising the individuals who may receive
   18         service of process if a central location is not
   19         designated; deleting a provision authorizing other
   20         means of service or demand; amending ss. 322.143 and
   21         655.968, F.S.; conforming cross-references; providing
   22         an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Present paragraphs (g) through (q) of subsection
   27  (1) of section 655.005, Florida Statutes, are redesignated as
   28  paragraphs (i) through (s), respectively, present paragraphs (r)
   29  through (y) of that subsection are redesignated as paragraphs
   30  (u) through (bb), respectively, present paragraphs (z) and (aa)
   31  of that subsection are redesignated as paragraphs (t) and (g),
   32  respectively, and a new paragraph (h) is added to that
   33  subsection, to read:
   34         655.005 Definitions.—
   35         (1) As used in the financial institutions codes, unless the
   36  context otherwise requires, the term:
   37         (h) “Department” means the Department of Financial
   38  Services.
   39         Section 2. Section 655.0201, Florida Statutes, is amended
   40  to read:
   41         655.0201 Service of process, notice, or demand on financial
   42  institutions.—
   43         (1) A financial institution authorized by federal or state
   44  law to transact business in this state may designate a place or
   45  registered agent within the state as its central location for
   46  service of process. After a financial institution has designated
   47  a place or registered agent, such place or registered agent is
   48  the sole location for service of process on the financial
   49  institution and all of its branches within the state Process
   50  against any financial institution authorized by federal or state
   51  law to transact business in this state may be served in
   52  accordance with chapter 48, chapter 49, chapter 605, or part I
   53  of chapter 607, as appropriate.
   54         (2)(a) To establish a central location for service of
   55  process, a financial institution must file a notice with the
   56  department designating its central location. The filing must
   57  contain the central location’s:
   58         1. Addressee name.
   59         2. Physical address.
   60         3. Telephone number.
   61         4. Business hours during which service of process will be
   62  accepted.
   63         (b) The central location is the proper venue for service of
   64  process for all types of service of process made on a financial
   65  institution, including service for actions related to
   66  garnishment, levy, injunctions, lawsuits, and the attachment of
   67  safety deposit boxes, in accordance with chapters 60, 76, and 77
   68  and the Florida Rules of Civil Procedure.
   69         (c) The department shall publish a list of all central
   70  locations on its website. The department must update the list to
   71  reflect revocations or modifications made by a financial
   72  institution within 15 business days after receipt of such
   73  revocation or modification. The department’s website must
   74  specify the date this list was last updated Any financial
   75  institution authorized by federal or state law to transact
   76  business in this state may designate a registered agent as the
   77  financial institution’s agent for service of process, notice, or
   78  demand required or permitted by law to be served on the
   79  financial institution. If the financial institution has no
   80  registered agent, or its registered agent cannot with reasonable
   81  diligence be served, service may be made to any executive
   82  officer of the financial institution at its principal place of
   83  business in this state.
   84         (3) If service cannot be made in accordance with subsection
   85  (1) (2), service may be made to an any officer, director, or
   86  business agent of the financial institution at its principal
   87  place of business or at any other branch, office, or place of
   88  business in the state.
   89         (4) This section does not prescribe the only means, or
   90  necessarily the required means, of serving notice or demand on a
   91  financial institution.
   92         Section 3. Subsection (9) of section 322.143, Florida
   93  Statutes, is amended to read:
   94         322.143 Use of a driver license or identification card.—
   95         (9) This section does not apply to a financial institution
   96  as defined in s. 655.005(1) s. 655.005(1)(i).
   97         Section 4. Paragraph (b) of subsection (1) of section
   98  655.968, Florida Statutes, is amended to read:
   99         655.968 Financial institutions; transactions relating to
  100  Iran or terrorism.—
  101         (1) As used in this section, the term:
  102         (b) Financial institution” has the same meaning as defined
  103  in s. 655.005(1) s. 655.005(1)(i).
  104         Section 5. This act shall take effect July 1, 2016.