Senate Bill 1420 (2021) — Service of process
SB 1420
Florida Bills
Florida Senate - 2021 SB 1420 By Senator Rodriguez 39-01225-21 20211420__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to service of process; amending s. 2 48.031, F.S.; requiring employers to facilitate 3 service by making employees available to accept 4 service; increasing penalties for employers who fail 5 to facilitate service; requiring persons in charge of 6 private mailboxes, virtual offices, and executive 7 offices or mini suites to confirm whether a person to 8 be served maintains a private mailbox, virtual office, 9 or executive office or mini suite at that location; 10 providing penalties for a person in charge who refuses 11 to make such confirmation; amending ss. 48.062 and 12 48.081, F.S.; authorizing service on the registered 13 agents of limited liability companies and corporations 14 and other specified persons at any hour at a residence 15 or personal mailbox; specifying that service is not 16 required to be first attempted during the hours a 17 corporation’s registered office is required to be 18 open; amending s. 48.27, F.S.; authorizing certified 19 process servers to serve any nonenforceable civil 20 process; amending ss. 48.111 and 1001.40, F.S.; 21 authorizing municipal, state, and county agencies, 22 boards, commissions, departments, or subdivisions, and 23 school districts to designate one or more employees to 24 accept service in lieu of specified officers and 25 members; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29
Florida Senate - 2021 SB 1420 39-01225-21 20211420__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions.
Section 1. Paragraph (
b) of subsection (1) and subsection 30 (6) of
section 48.031, Florida Statutes, are amended to read: 31 48.031 Service of process generally; service of witness 32 subpoenas.— 33 (1) 34 (
b) An employer, when contacted by an individual authorized 35 to serve process, shall facilitate service of process by making 36 the employee available to accept service and allow the 37 authorized individual to serve the an employee in a private area 38 designated by the employer. An employer who fails to comply with 39 this paragraph commits a noncriminal violation of s. 843.02, 40 punishable by a fine of up to $1,000. 41 (6)(
a) If the only address for a person to be served which 42 is discoverable through public records is a private mailbox, a 43 virtual office, or an executive office or mini suite, 44 substituted service may be made by leaving a copy of the process 45 with the person in charge of the private mailbox, virtual 46 office, or executive office or mini suite, but only if the 47 process server determines that the person to be served maintains 48 a mailbox, a virtual office, or an executive office or mini 49 suite at that location. 50 (
b) If the process server presents the name and address of 51 the person to be served to the person in charge of the private 52 mailbox, the virtual office, or the executive office or mini 53 suite, the person in charge must confirm whether the person to 54 be served maintains a private mailbox, a virtual office, or an 55 executive office or mini suite at that location. Refusal by the 56 person in charge to make such confirmation is a violation of s. 57 843.02. 58
Florida Senate - 2021 SB 1420 39-01225-21 20211420__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. (c)(
b) For purposes of this subsection, the term “virtual 59 office” means an office that provides communications services, 60 such as telephone or facsimile services, and address services 61 without providing dedicated office space, and where all 62 communications are routed through a common receptionist. The 63 term “executive office or mini suite” means an office that 64 provides communications services, such as telephone and 65 facsimile services, a dedicated office space, and other 66 supportive services, and where all communications are routed 67 through a common receptionist. 68
Section 2. Subsection (4) of
section 48.062, Florida 69 Statutes, is amended to read: 70 48.062 Service on a limited liability company.— 71 (4)(
a) If the address for the registered agent, member, or 72 manager is a residence, a private mailbox, a virtual office, or 73 an executive office or mini suite, service on the domestic or 74 foreign limited liability company may be made by serving the 75 registered agent, member, or manager in accordance with s. 76 48.031. 77 (
b) If the address for the registered agent, member, or 78 manager is a residence or a private mailbox, the service may be 79 made at any hour and does not first need to be attempted during 80 the hours a corporation’s registered office is required to be 81 open under s. 48.091(2). 82
Section 3. Paragraph (
b) of subsection (3) of
section 83 48.081, Florida Statutes, is amended to read: 84 48.081 Service on corporation.— 85 (3) 86 (b)1. If the address for the registered agent, officer, 87
Florida Senate - 2021 SB 1420 39-01225-21 20211420__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. director, or principal place of business is a residence, a 88 private mailbox, a virtual office, or an executive office or 89 mini suite, service on the corporation may be made by serving 90 the registered agent, officer, or director in accordance with s. 91 48.031. 92 2. If the address for the registered agent, officer, or 93 director is a residence or a private mailbox, the service may be 94 made at any hour and does not first need to be attempted during 95 the hours a corporation’s registered office is required to be 96 open under s. 48.091(2). 97
Section 4. Paragraph (
a) of subsection (2) of
section 98 48.27, Florida Statutes, is amended to read: 99 48.27 Certified process servers.— 100 (2)(
a) The addition of a person’s name to the list 101 authorizes him or her to serve initial nonenforceable civil 102 process on a person found within the circuit where the process 103 server is certified when a civil action has been filed against 104 such person in the circuit court or in a county court in the 105 state. Upon filing an action in circuit or county court, a 106 person may select from the list for the circuit where the 107 process is to be served one or more certified process servers to 108 serve initial nonenforceable civil process. 109
Section
Section 48.111, Florida Statutes, is amended to 110 read: 111 48.111 Service on public agencies and officers.— 112
(1) Process against any municipal corporation, agency, 113 board, or commission, department, or subdivision of the state or 114 any county which has a governing board, council, or commission 115 or which is a body corporate shall be served: 116
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a) On the president, mayor, chair, or other head thereof; 117 and in his or her absence; 118 (
b) On the vice president, vice mayor, or vice chair, or in 119 the absence of all of the above; 120 (
c) On any member of the governing board, council, or 121 commission. 122
(2) Process against any public agency, board, commission, 123 or department not a body corporate or having a governing board 124 or commission shall be served on the public officer being sued 125 or the chief executive officer of the agency, board, commission, 126 or department. 127
(3) In any suit in which the Department of Revenue or its 128 successor is a party, process against the department shall be 129 served on the executive director of the department. This 130 procedure is to be in lieu of any other provision of general 131 law, and shall designate said department to be the only state 132 agency or department to be so served. 133
(4) A public agency, board, commission, department, or 134 subdivision described in subsection (1), subsection (2), or 135 subsection (3) may designate one or more of its employees to 136 accept service in lieu of the public officers and members 137 described in subsection (1), subsection (2), or subsection (3). 138
Section
Section 1001.40, Florida Statutes, is amended to 139 read: 140 1001.40 District school board to constitute a corporation.— 141
(1) The governing body of each school district shall be a 142 district school board. Each district school board is constituted 143 a body corporate by the name of “The School Board of .... 144 County, Florida.” 145
Florida Senate - 2021 SB 1420 39-01225-21 20211420__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. (2)(
a) In all suits against district school boards, service 146 of process must shall be made had on the chair of the district 147 school board or, if he or she cannot be found, on the district 148 school superintendent as executive officer of the district 149 school board or, in the absence of the chair and the district 150 school superintendent, on another member of the district school 151 board. 152 (
b) A school district may designate one or more district 153 employees to accept service of process in lieu of the school 154 board officers and members described in paragraph (a). 155