Bill Text: FL S0522 | 2023 | Regular Session | Comm Sub

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Bill Title: Removal of Unknown Parties in Possession

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-05-02 - Laid on Table, companion bill(s) passed, see HB 441 (Ch. 2023-124) [S0522 Detail]

Download: Florida-2023-S0522-Comm_Sub.html

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       Florida Senate - 2023                              CS for SB 522
       
       
        
       By the Committee on Judiciary; and Senator Grall
       
       
       
       
       
       590-03284-23                                           2023522c1
    1                        A bill to be entitled                      
    2         An act relating to removal of unknown parties in
    3         possession; amending s. 48.184, F.S.; revising
    4         requirements for service on unknown parties in
    5         possession; providing an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Section 48.184, Florida Statutes, is amended to
   10  read:
   11         48.184 Service of process for removal of unknown parties in
   12  possession.—
   13         (1) This section applies only to actions governed by s.
   14  82.03, s. 83.21, s. 83.59, or s. 723.061 and only to the extent
   15  that such actions seek relief for the removal of an unknown
   16  party or parties in possession of real property. The provisions
   17  of this section are cumulative to other provisions of law or
   18  rules of court about service of process, and all other such
   19  provisions are cumulative to this section.
   20         (2) A summons must be issued in the name of “Unknown Party
   21  or Parties in Possession” when the name of an occupant or
   22  occupants of real property is not known to the plaintiff and the
   23  property may be or is known to be occupied by an the unknown
   24  party is identified in the complaint and summons. A separate
   25  summons must be issued for each such unknown occupant.
   26         (3) The plaintiff shall attempt to serve the summons on any
   27  unknown occupant of the property described in the summons and
   28  complaint. If service on the unknown occupant or occupants is
   29  not effectuated on the first attempt, at least two additional
   30  attempts must be made. The three attempts to obtain service must
   31  be made once during business hours, once during nonbusiness
   32  hours, and once during a weekend. The process server shall make
   33  an inquiry as to the name of the unknown occupant or occupants
   34  at the time of service. The return of service must note the name
   35  of every the occupant if obtained by the process server or state
   36  that the name of the occupant or occupants could not be obtained
   37  after inquiry. If the name of an the occupant becomes known to
   38  the plaintiff through the return of service or otherwise,
   39  without notice or hearing thereon, all subsequent proceedings
   40  must be conducted under the true name of such occupant and all
   41  prior proceedings are deemed amended accordingly.
   42         (4) Service of process must also be made on unknown
   43  occupants by both of the following means:
   44         (a) By attaching a copy of the summons and complaint to a
   45  conspicuous location on the premises involved in the
   46  proceedings.
   47         (b) Upon issuance of the summons, by the plaintiff
   48  providing the clerk of the court with one additional copy of the
   49  summons and complaint for each unknown occupant and a prestamped
   50  envelope for each unknown occupant addressed to the unknown
   51  occupant at the address of the premises involved in the
   52  proceedings. The clerk of the court shall immediately mail a
   53  copy of the summons and complaint by first-class mail, note the
   54  fact of mailing in the docket, and file a certificate in the
   55  court file of the fact and date of mailing. The clerk of the
   56  court shall charge such fees for such services as provided by
   57  law.
   58         (5) Service is effective on the unknown occupant or
   59  occupants in possession on the later of the date that personal
   60  service is made, the date of attaching the summons and complaint
   61  to a conspicuous location on the premises, or upon mailing by
   62  the clerk.
   63         (6) The judgment and writ of possession must refer to any
   64  unknown occupant in possession by name if the name is shown on
   65  the return of service or is otherwise known to the plaintiff. If
   66  the name of any unknown occupant in possession is not shown on
   67  the return of service or otherwise known to the plaintiff and
   68  service has been effectuated as provided in this section, the
   69  judgment and writ of possession must refer to the each such
   70  person as “Unknown Party or Parties in Possession,” and the writ
   71  of possession must be executed by the sheriff by dispossessing
   72  all of the occupants and placing the plaintiff in possession of
   73  the property.
   74         Section 2. This act shall take effect July 1, 2023.