Florida Senate - 2019                CS for CS for CS for SB 462
       By the Committees on Rules; Community Affairs; and Judiciary;
       and Senator Powell
       595-03327-19                                           2019462c3
    1                        A bill to be entitled                      
    2         An act relating to judicial process; amending s.
    3         48.23, F.S.; providing that a person who acquires for
    4         value a lien on property during the course of
    5         specified legal actions takes such lien free of claims
    6         in certain circumstances; revising provisions relating
    7         to time requirements for intervention in certain
    8         proceedings; specifying the effect of a valid,
    9         recorded notice of lis pendens in certain
   10         circumstances involving a judicial sale; providing
   11         applicability; amending s. 48.021, F.S.; revising
   12         authority of special process servers; revising a
   13         cross-reference; requiring that civil witness
   14         subpoenas be served by certain persons; amending s.
   15         48.031, F.S.; revising requirements for substituted
   16         service on the spouse of the person to be served;
   17         revising requirements for documenting service of
   18         process; conforming terminology; amending s. 48.062,
   19         F.S.; revising requirements for service on limited
   20         liability companies; amending s. 48.194, F.S.;
   21         revising provisions specifying who may serve process
   22         outside the state; revising requirements for
   23         documenting that service has been properly made
   24         outside the state; amending s. 48.21, F.S.; revising
   25         requirements for return-of-service forms; authorizing
   26         certain persons to electronically sign return-of-
   27         service forms; amending s. 316.29545, F.S.; exempting
   28         certified process servers from certain window
   29         sunscreening restrictions; providing an effective
   30         date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Paragraphs (b) and (d) of subsection (1) of
   35  section 48.23, Florida Statutes, are amended to read:
   36         48.23 Lis pendens.—
   37         (1)
   38         (b)1. An action that is filed for specific performance or
   39  that is not based on a duly recorded instrument has no effect,
   40  except as between the parties to the proceeding, on the title
   41  to, or on any lien upon, the real or personal property unless a
   42  notice of lis pendens has been recorded and has not expired or
   43  been withdrawn or discharged.
   44         2. Any person acquiring for value an interest in, or lien
   45  upon, the real or personal property during the pendency of an
   46  action described in subparagraph 1., other than a party to the
   47  proceeding or the legal successor by operation of law, or
   48  personal representative, heir, or devisee of a deceased party to
   49  the proceeding, shall take such interest or lien exempt from all
   50  claims against the property that were filed in such action by
   51  the party who failed to record a notice of lis pendens or whose
   52  notice expired or was withdrawn or discharged, and from any
   53  judgment entered in the proceeding, notwithstanding the
   54  provisions of s. 695.01, as if such person had no actual or
   55  constructive notice of the proceeding or of the claims made
   56  therein or the documents forming the causes of action against
   57  the property in the proceeding.
   58         (d) Except for the interest of persons in possession or
   59  easements of use, the recording of such notice of lis pendens,
   60  provided that during the pendency of the proceeding it has not
   61  expired pursuant to subsection (2) or been withdrawn or
   62  discharged, constitutes a bar to the enforcement against the
   63  property described in the notice of all interests and liens,
   64  including, but not limited to, federal tax liens and levies,
   65  unrecorded at the time of recording the notice unless the holder
   66  of any such unrecorded interest or lien moves to intervene
   67  intervenes in such proceedings within 30 days after the
   68  recording of the notice and the court ultimately grants the
   69  motion. If the holder of any such unrecorded interest or lien
   70  does not intervene in the proceedings and if such proceedings
   71  are prosecuted to a judicial sale of the property described in
   72  the notice, the property shall be forever discharged from all
   73  such unrecorded interests and liens. A valid recorded notice of
   74  lis pendens of such proceedings prosecuted to a judicial sale
   75  remains in effect through the recording of any instrument
   76  transferring title to the property pursuant to the final
   77  judgment unless it expires, is withdrawn, or it is otherwise
   78  discharged. If the notice of lis pendens expires or is withdrawn
   79  or discharged, the expiration, withdrawal, or discharge of the
   80  notice does not affect the validity of any unrecorded interest
   81  or lien.
   82         Section 2. The changes made by this act to s. 48.23,
   83  Florida Statutes, are intended to clarify existing law and shall
   84  apply to actions pending on the effective date of this act.
   85         Section 3. Subsection (1) of section 48.021, Florida
   86  Statutes, is amended to read:
   87         48.021 Process; by whom served.—
   88         (1) All process shall be served by the sheriff of the
   89  county where the person to be served is found, except initial
   90  nonenforceable civil process, criminal witness subpoenas, and
   91  criminal summonses may be served by a special process server
   92  appointed by the sheriff as provided for in this section or by a
   93  certified process server as provided for in s. 48.27 ss. 48.25
   94  48.31. Civil witness subpoenas shall may be served by any person
   95  authorized by rules of civil procedure.
   96         Section 4. Subsections (2) and (5) and paragraph (a) of
   97  subsection (6) of section 48.031, Florida Statutes, are amended
   98  to read:
   99         48.031 Service of process generally; service of witness
  100  subpoenas.—
  101         (2)(a) Substituted Substitute service may be made on the
  102  spouse of the person to be served may be made at any place in a
  103  the county by an individual authorized under s. 48.021 or s.
  104  48.27 to serve process in that county, if the cause of action is
  105  not an adversarial adversary proceeding between the spouse and
  106  the person to be served, if the spouse requests such service or
  107  the spouse is also a party to the action, and if the spouse and
  108  person to be served reside are residing together in the same
  109  dwelling, regardless of whether such dwelling is located in the
  110  county where substituted service is made.
  111         (b) Substituted Substitute service may be made on an
  112  individual doing business as a sole proprietorship at his or her
  113  place of business, during regular business hours, by serving the
  114  person in charge of the business at the time of service if two
  115  attempts to serve the owner are have been made at the place of
  116  business.
  117         (5) A person serving process shall place, on the first page
  118  only of at least one of the processes served, the date and time
  119  of service, his or her initials or signature, and, if
  120  applicable, his or her identification number and initials for
  121  all service of process. The person serving process shall list on
  122  the return-of-service form all initial pleadings delivered and
  123  served along with the process. The person requesting service or
  124  the person authorized to serve the process shall file the
  125  return-of-service form with the court.
  126         (6)(a) If the only address for a person to be served which
  127  is discoverable through public records is a private mailbox, a
  128  virtual office, or an executive office or mini suite,
  129  substituted substitute service may be made by leaving a copy of
  130  the process with the person in charge of the private mailbox,
  131  virtual office, or executive office or mini suite, but only if
  132  the process server determines that the person to be served
  133  maintains a mailbox, a virtual office, or an executive office or
  134  mini suite at that location.
  135         Section 5. Subsection (4) of section 48.062, Florida
  136  Statutes, is amended to read:
  137         48.062 Service on a limited liability company.—
  138         (4) If the address provided for the registered agent,
  139  member, or manager is a residence, a or private mailbox, a
  140  virtual office, or an executive office or mini suite, service on
  141  the domestic or foreign limited liability company, domestic or
  142  foreign, may be made by serving the registered agent, member, or
  143  manager in accordance with s. 48.031.
  144         Section 6. Subsection (1) of section 48.194, Florida
  145  Statutes, is amended to read:
  146         48.194 Personal service outside state.—
  147         (1) Except as otherwise provided herein, service of process
  148  on persons outside of this state shall be made in the same
  149  manner as service within this state by any person officer
  150  authorized to serve process in the state where the person is
  151  served. No order of court is required. A An affidavit of the
  152  officer shall be filed, stating the time, manner, and place of
  153  service. The court may consider the return-of-service form
  154  described in s. 48.21 affidavit, or any other competent
  155  evidence, in determining whether service has been properly made.
  156  Service of process on persons outside the United States may be
  157  required to conform to the provisions of the Hague Convention on
  158  the Service Abroad of Judicial and Extrajudicial Documents in
  159  Civil or Commercial Matters.
  160         Section 7. Subsection (1) of section 48.21, Florida
  161  Statutes, is amended to read:
  162         48.21 Return of execution of process.—
  163         (1) Each person who effects service of process shall note
  164  on a return-of-service form attached thereto, the date and time
  165  when it comes to hand, the date and time when it is served, the
  166  manner of service, the name of the person on whom it was served,
  167  and, if the person is served in a representative capacity, the
  168  position occupied by the person. The return-of-service form must
  169  list all pleadings and documents served and be signed by the
  170  person who effects the service of process. However, a person who
  171  is authorized under this chapter to serve process and employed
  172  by a sheriff who effects such the service of process may sign
  173  the return-of-service form using an electronic signature
  174  certified by the sheriff.
  175         Section 8. Section 316.29545, Florida Statutes, is amended
  176  to read:
  177         316.29545 Window sunscreening exclusions; medical
  178  exemption; certain law enforcement vehicles, process server
  179  vehicles, and private investigative service vehicles exempt.—
  180         (1) The department shall issue medical exemption
  181  certificates to persons who are afflicted with Lupus, any
  182  autoimmune disease, or other medical conditions which require a
  183  limited exposure to light, which certificates shall entitle the
  184  person to whom the certificate is issued to have sunscreening
  185  material on the windshield, side windows, and windows behind the
  186  driver which is in violation of the requirements of ss.
  187  316.2951-316.2957. The department shall consult with the Medical
  188  Advisory Board established in s. 322.125 for guidance with
  189  respect to the autoimmune diseases and other medical conditions
  190  which shall be included on the form of the medical certificate
  191  authorized by this section. At a minimum, the medical exemption
  192  certificate shall include a vehicle description with the make,
  193  model, year, vehicle identification number, medical exemption
  194  decal number issued for the vehicle, and the name of the person
  195  or persons who are the registered owners of the vehicle. A
  196  medical exemption certificate shall be nontransferable and shall
  197  become null and void upon the sale or transfer of the vehicle
  198  identified on the certificate.
  199         (2) The department shall exempt all law enforcement
  200  vehicles used in undercover or canine operations from the window
  201  sunscreening requirements of ss. 316.2951-316.2957.
  202         (3) The department shall exempt from the window
  203  sunscreening restrictions of ss. 316.2953, 316.2954, and
  204  316.2956 vehicles that are owned or leased by process servers
  205  certified pursuant to s. 48.29 or by private investigators or
  206  private investigative agencies licensed under chapter 493.
  207         (4) The department may charge a fee in an amount sufficient
  208  to defray the expenses of issuing a medical exemption
  209  certificate as described in subsection (1).
  210         (5) The department is authorized to promulgate rules for
  211  the implementation of this section.
  212         Section 9. This act shall take effect upon becoming a law.