Bill Text: FL S1268 | 2013 | Regular Session | Comm Sub

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Bill Title: Service of Process

Spectrum: Bipartisan Bill

Status: (Failed) 2013-05-03 - Died in Judiciary [S1268 Detail]

Download: Florida-2013-S1268-Comm_Sub.html

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       Florida Senate - 2013                             CS for SB 1268
       
       
       
       By the Committee on Criminal Justice; and Senator Detert
       
       
       
       
       591-03352-13                                          20131268c1
    1                        A bill to be entitled                      
    2         An act relating to service of process; amending s.
    3         30.231, F.S.; requiring sheriffs to charge a uniform
    4         fee for service of process; amending s. 48.031, F.S.;
    5         requiring an employer, employee, or representative or
    6         agent of an employer to permit an authorized
    7         individual to make service on an employee in a private
    8         area designated by the employer; providing criminal
    9         penalties for persons failing to comply with the
   10         process; authorizing substitute service during the
   11         first attempt of service at a business that is a sole
   12         proprietorship under certain circumstances; requiring
   13         the person requesting service or the person authorized
   14         to serve the process to file the return-of-service
   15         form; amending s. 48.081, F.S.; revising provisions
   16         relating to the address used for service on a
   17         registered agent; amending s. 56.27, F.S.; requiring
   18         the levying creditor to deliver to the sheriff an
   19         affidavit setting forth how to pay out moneys received
   20         under an execution sale; providing that the sheriff is
   21         not liable for damages under certain circumstances;
   22         providing an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Paragraph (a) of subsection (1) of section
   27  30.231, Florida Statutes, is amended to read:
   28         30.231 Sheriffs’ fees for service of summons, subpoenas,
   29  and executions.—
   30         (1) The sheriffs of all counties of the state in civil
   31  cases shall charge fixed, nonrefundable fees for docketing and
   32  service of process, according to the following schedule:
   33         (a) All summons or writs except executions: $40 for each
   34  summons or writ to be served, except when more than one summons
   35  or writ is issued at the same time out of the same cause of
   36  action to be served upon one person or defendant at the same
   37  time, in which case the sheriff shall be entitled to one fee.
   38         Section 2. Paragraph (b) of subsection (1), paragraph (b)
   39  of subsection (2), and subsection (5) of section 48.031, Florida
   40  Statutes, are amended to read:
   41         48.031 Service of process generally; service of witness
   42  subpoenas.—
   43         (1)
   44         (b) An employer Employers, employee, or a representative or
   45  agent of the employer, when contacted by an individual
   46  authorized to make service of process, must shall permit the
   47  authorized individual to make service on employees in a private
   48  area designated by the employer. If the employer, employee, or a
   49  representative or agent of the employer fails to comply with
   50  this paragraph, he or she commits a misdemeanor of the first
   51  degree, punishable as provided in s. 775.082 or s. 775.083.
   52         (2)
   53         (b) Substitute service may be made on an individual doing
   54  business as a sole proprietorship at his or her place of
   55  business, during regular business hours, by serving the person
   56  in charge of the business during the first attempt of service
   57  even if the owner is temporarily absent from his or her office
   58  at the time of service if two or more attempts to serve the
   59  owner have been made at the place of business.
   60         (5) A person serving process shall place, on the first page
   61  of at least one of the processes served, the date and time of
   62  service and his or her identification number and initials for
   63  all service of process. The person serving process shall list on
   64  the return-of-service form all initial pleadings delivered and
   65  served along with the process. The person requesting service or
   66  the person authorized to serve issuing the process shall file
   67  the return-of-service form with the court.
   68         Section 3. Paragraph (b) of subsection (3) of section
   69  48.081, Florida Statutes, is amended to read:
   70         48.081 Service on corporation.—
   71         (3)
   72         (b) If the address provided for the registered agent,
   73  officer, director, or principal place of business is a residence
   74  or private mailbox, service on the corporation may be made by
   75  serving the registered agent, officer, or director in accordance
   76  with s. 48.031.
   77         Section 4. Paragraph (d) is added to subsection (4) of
   78  section 56.27, Florida Statutes, to read:
   79         56.27 Executions; payment of money collected.—
   80         (4) Before the date of the first publication or posting of
   81  the notice of sale provided for under s. 56.21, at the time of
   82  the levy request to the sheriff, the levying creditor shall
   83  deliver to the sheriff an affidavit setting forth all of the
   84  following as to the judgment debtor:
   85         (d) A statement directing the sheriff how to pay out all
   86  moneys received under an execution sale pursuant to subsections
   87  (1) and (2). The sheriff paying pursuant to the affidavit is not
   88  liable to anyone for damages arising from a wrongful levy and
   89  pay out.
   90         Section 5. This act shall take effect July 1, 2013.