Bill Text: FL S1104 | 2016 | Regular Session | Enrolled
Bill Title: Service of Process on Financial Institutions
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2016-04-01 - Chapter No. 2016-180 [S1104 Detail]
Download: Florida-2016-S1104-Enrolled.html
ENROLLED 2016 Legislature CS for CS for SB 1104 20161104er 1 2 An act relating to service of process on financial 3 institutions; creating s. 48.092, F.S.; requiring 4 service on financial institutions to be made in 5 accordance with s. 655.0201, F.S.; amending s. 6 655.0201, F.S.; revising applicability of provisions 7 of law governing service of process on financial 8 institutions; authorizing certain financial 9 institutions to designate with the Department of State 10 a place or registered agent within the state as the 11 sole location or agent for service of process, notice, 12 levy, or demand; providing that service of process, 13 notice, levy, or demand may be made at specified time 14 periods; providing exceptions if the financial 15 institution has no registered agent, if service cannot 16 be made at the sole location, and for service made by 17 the Office of Financial Regulation; providing an 18 effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Section 48.092, Florida Statutes, is created to 23 read: 24 48.092 Service on financial institutions.—Service on 25 financial institutions must be made in accordance with s. 26 655.0201. 27 Section 2. Section 655.0201, Florida Statutes, is amended 28 to read: 29 655.0201 Service of process, notice, levy, or demand on 30 financial institutions.— 31 (1) Notwithstanding any other Florida law, this section 32 establishes the proper location for service of process upon a 33 financial institution for all types of service of process to be 34 made on a financial institutionProcess against any financial35institution authorized by federal or state law to transact36business in this state may be served in accordance with chapter3748, chapter 49, chapter 605, or part I of chapter 607, as38appropriate. 39 (2) AAnyfinancial institution authorized by federal or 40 state law to transact business in this state may designate with 41 the Department of State a place or registered agent located 42 within the state as the financial institution’s sole location or 43 agent for service of process, notice, levy, or demand. Any such 44 place or registered agent so designated must be open and 45 available for service of process during regular business hours 46 on regular business days, which, at a minimum, is any time 47 between the hours of 9 a.m. and 5 p.m. local time, on Mondays 48 through Fridays, excluding federal and Florida holidays. After a 49 financial institution designates a place or registered agent 50 within this state, such place or registered agent is the sole 51 location for service of process, including service for actions 52 related to garnishment, levy, injunctions, lawsuits, and the 53 attachment of safety deposit boxes, in accordance with chapters 54 60, 76, and 77, and the Florida Rules of Civil Procedure 55required or permitted by law to be served on the financial56institution. If the financial institution has no registered57agent, or its registered agent cannot with reasonable diligence58be served, service may be made to any executive officer of the59financial institution at its principal place of business in this60state. 61 (3)(a) If a financial institution has no registered agent 62 or service cannot be made in accordance with subsection (2), 63 service may be made to any officer, director, or business agent 64 of the financial institution at its principal place of business 65 or at any other branch, office, or place of business in the 66 state. 67 (b) Notwithstanding subsection (2), any service required or 68 authorized to be made by the Office of Financial Regulation 69 under the financial institutions codes may be made to any 70 officer, director, or business agent of the financial 71 institution at its principal place of business or any other 72 branch, office, or place of business in the state as set forth 73 in s. 655.031(2)If service cannot be made in accordance with74subsection (2), service may be made to any officer, director, or75business agent of the financial institution at its principal76place of business or at any other branch, office, or place of77business in the state. 78(4) This section does not prescribe the only means, or79necessarily the required means, of serving notice or demand on a80financial institution.81 Section 3. This act shall take effect January 1, 2017.