Bill Text: FL S0462 | 2019 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Judicial Process
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2019-04-03 - Laid on Table, companion bill(s) passed, see CS/CS/HB 91 (Ch. 2019-67) [S0462 Detail]
Download: Florida-2019-S0462-Comm_Sub.html
Bill Title: Judicial Process
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2019-04-03 - Laid on Table, companion bill(s) passed, see CS/CS/HB 91 (Ch. 2019-67) [S0462 Detail]
Download: Florida-2019-S0462-Comm_Sub.html
Florida Senate - 2019 CS for SB 462 By the Committee on Judiciary; and Senator Powell 590-02331-19 2019462c1 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; specifying the effect of a 7 valid, recorded notice of lis pendens in certain 8 circumstances involving a judicial sale; providing 9 applicability; amending s. 48.021, F.S.; revising 10 authority of special process servers; revising a 11 cross-reference; requiring that civil witness 12 subpoenas be served by certain persons; amending s. 13 48.031, F.S.; revising requirements for substituted 14 service on the spouse of the person to be served; 15 revising requirements for documenting service of 16 process; conforming terminology; amending s. 48.062, 17 F.S.; revising requirements for service on limited 18 liability companies; amending s. 48.194, F.S.; 19 revising provisions specifying who may serve process 20 outside of the state; revising requirements for 21 documenting that service has been properly made 22 outside the state; amending s. 48.21, F.S.; revising 23 requirements for return-of-service forms; authorizing 24 certain persons to electronically sign return-of 25 service forms; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Paragraphs (b) and (d) of subsection (1) of 30 section 48.23, Florida Statutes, are amended to read: 31 48.23 Lis pendens.— 32 (1) 33 (b)1. An action that is filed for specific performance or 34 that is not based on a duly recorded instrument has no effect, 35 except as between the parties to the proceeding, on the title 36 to, or on any lien upon, the real or personal property unless a 37 notice of lis pendens has been recorded and has not expired or 38 been withdrawn or discharged. 39 2. Any person acquiring for value an interest in, or lien 40 upon, the real or personal property during the pendency of an 41 action described in subparagraph 1., other than a party to the 42 proceeding or the legal successor by operation of law, or 43 personal representative, heir, or devisee of a deceased party to 44 the proceeding, shall take such interest or lien exempt from all 45 claims against the property that were filed in such action by 46 the party who failed to record a notice of lis pendens or whose 47 notice expired or was withdrawn or discharged, and from any 48 judgment entered in the proceeding, notwithstanding the 49 provisions of s. 695.01, as if such person had no actual or 50 constructive notice of the proceeding or of the claims made 51 therein or the documents forming the causes of action against 52 the property in the proceeding. 53 (d) Except for the interest of persons in possession or 54 easements of use, the recording of such notice of lis pendens, 55 provided that during the pendency of the proceeding it has not 56 expired pursuant to subsection (2) or been withdrawn or 57 discharged, constitutes a bar to the enforcement against the 58 property described in the notice of all interests and liens, 59 including, but not limited to, federal tax liens and levies, 60 unrecorded at the time of recording the notice unless the holder 61 of any such unrecorded interest or lien intervenes in such 62 proceedings within 30 days after the recording of the notice. If 63 the holder of any such unrecorded interest or lien does not 64 intervene in the proceedings and if such proceedings are 65 prosecuted to a judicial sale of the property described in the 66 notice, the property shall be forever discharged from all such 67 unrecorded interests and liens. A valid recorded notice of lis 68 pendens of such proceedings prosecuted to a judicial sale 69 remains in effect through the recording of any instrument 70 transferring title to the property pursuant to the final 71 judgment unless it expires, is withdrawn, or it is otherwise 72 discharged. If the notice of lis pendens expires or is withdrawn 73 or discharged, the expiration, withdrawal, or discharge of the 74 notice does not affect the validity of any unrecorded interest 75 or lien. 76 Section 2. The changes made by this act to s. 48.23, 77 Florida Statutes, are intended to clarify existing law and shall 78 apply to actions pending on the effective date of this act. 79 Section 3. Subsection (1) of section 48.021, Florida 80 Statutes, is amended to read: 81 48.021 Process; by whom served.— 82 (1) All process shall be served by the sheriff of the 83 county where the person to be served is found, exceptinitial84 nonenforceable civil process, criminal witness subpoenas, and 85 criminal summonses may be served by a special process server 86 appointed by the sheriff as providedforin this section or by a 87 certified process server as providedforin s. 48.27ss. 48.258848.31. Civil witness subpoenas shallmaybe served by any person 89 authorized by rules of civil procedure. 90 Section 4. Subsections (2) and (5) and paragraph (a) of 91 subsection (6) of section 48.031, Florida Statutes, are amended 92 to read: 93 48.031 Service of process generally; service of witness 94 subpoenas.— 95 (2)(a) SubstitutedSubstituteservicemay be madeon the 96 spouse of the person to be served may be made at any place in a 97thecounty by an individual authorized under s. 48.021 or s. 98 48.27 to serve process in that county, if the cause of action is 99 not an adversarialadversaryproceeding between the spouse and 100 the person to be served, if the spouse requests such service or 101 the spouse is also a party to the action, and if the spouse and 102 person to be served resideare residingtogether in the same 103 dwelling, regardless of whether such dwelling is located in the 104 county where substituted service is made. 105 (b) SubstitutedSubstituteservice may be made on an 106 individual doing business as a sole proprietorship at his or her 107 place of business, during regular business hours, by serving the 108 person in charge of the business at the time of service if two 109 attempts to serve the owner arehave beenmade at the place of 110 business. 111 (5) A person serving process shall place, on the first page 112 only of at least one of the processes served, the date and time 113 of service, his or her initials or signature, and, if 114 applicable, his or her identification numberand initials for115all service of process.The person serving process shall list on116the return-of-service form all initial pleadings delivered and117served along with the process.The person requesting service or 118 the person authorized to serve the process shall file the 119 return-of-service form with the court. 120 (6)(a) If the only address for a person to be served which 121 is discoverable through public records is a private mailbox, a 122 virtual office, or an executive office or mini suite, 123 substitutedsubstituteservice may be made by leaving a copy of 124 the process with the person in charge of the private mailbox, 125 virtual office, or executive office or mini suite, but only if 126 the process server determines that the person to be served 127 maintains a mailbox, a virtual office, or an executive office or 128 mini suite at that location. 129 Section 5. Subsection (4) of section 48.062, Florida 130 Statutes, is amended to read: 131 48.062 Service on a limited liability company.— 132 (4) If the addressprovidedfor the registered agent, 133 member, or manager is a residence, aorprivate mailbox, a 134 virtual office, or an executive office or mini suite, service on 135 the domestic or foreign limited liability company, domestic or136foreign,may be made by serving the registered agent, member, or 137 manager in accordance with s. 48.031. 138 Section 6. Subsection (1) of section 48.194, Florida 139 Statutes, is amended to read: 140 48.194 Personal service outside state.— 141 (1) Except as otherwise provided herein, service of process 142 on persons outside of this state shall be made in the same 143 manner as service within this state by any personofficer144 authorized to serve process in the state where the person is 145 served. No order of court is required. AAn affidavit of the146officer shall be filed, stating the time, manner, and place of147service.Thecourt may consider the return-of-service form 148 described in s. 48.21affidavit, or any other competent 149 evidence, in determining whether service has been properly made. 150 Service of process on persons outside the United States may be 151 required to conform to the provisions of the Hague Convention on 152 the Service Abroad of Judicial and Extrajudicial Documents in 153 Civil or Commercial Matters. 154 Section 7. Subsection (1) of section 48.21, Florida 155 Statutes, is amended to read: 156 48.21 Return of execution of process.— 157 (1) Each person who effects service of process shall note 158 on a return-of-service form attached thereto,the date and time 159 when it comes to hand, the date and time when it is served, the 160 manner of service, the name of the person on whom it was served, 161 and, if the person is served in a representative capacity, the 162 position occupied by the person. The return-of-service form must 163 list all pleadings served and be signed by the person who 164 effects the service of process. However, a person who is 165 authorized under this chapter to serve process andemployed by a166sheriffwho effects suchtheservice of process may sign the 167 return-of-service form using an electronic signaturecertified168by the sheriff. 169 Section 8. This act shall take effect upon becoming a law.