Florida Senate - 2022 SB 750 By Senator Rodriguez 39-00771-22 2022750__ 1 A bill to be entitled 2 An act relating to service of process; amending s. 3 48.031, F.S.; requiring employers to facilitate 4 service of process by making employees available to 5 accept service; providing criminal penalties for 6 employers who fail to facilitate such service; 7 requiring persons in charge of private mailboxes, 8 virtual offices, and executive offices or mini suites 9 to confirm whether a person to be served maintains a 10 private mailbox, a virtual office, or an executive 11 office or mini suite at that location; providing 12 criminal penalties for such persons in charge who 13 refuse to make such confirmation; amending ss. 48.062 14 and 48.081, F.S.; authorizing service on the 15 registered agents of limited liability companies and 16 corporations, respectively, and other specified 17 persons at any hour at a residence or private mailbox; 18 specifying that service is not required to be first 19 attempted during the hours a corporations registered 20 office is required to be open; amending s. 48.27, 21 F.S.; authorizing certified process servers to serve 22 any nonenforceable civil process; amending ss. 48.111 23 and 1001.40, F.S.; authorizing public agencies, 24 boards, commissions, departments, or subdivisions and 25 school districts, respectively, to designate one or 26 more employees to accept service in lieu of specified 27 officers and members; providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1.Paragraph (b) of subsection (1) and subsection 32 (6) of section 48.031, Florida Statutes, are amended to read: 33 48.031Service of process generally; service of witness 34 subpoenas. 35 (1) 36 (b)An employer, when contacted by an individual authorized 37 to serve process, shall facilitate service of process by making 38 the employee available to accept service and allow the 39 authorized individual to serve the an employee in a private area 40 designated by the employer. An employer who fails to comply with 41 this paragraph commits a noncriminal violation of s. 843.02, 42 punishable by a fine of up to $1,000. 43 (6)(a)If the only address for a person to be served which 44 is discoverable through public records is a private mailbox, a 45 virtual office, or an executive office or mini suite, 46 substituted service may be made by leaving a copy of the process 47 with the person in charge of the private mailbox, virtual 48 office, or executive office or mini suite, but only if the 49 process server determines that the person to be served maintains 50 a mailbox, a virtual office, or an executive office or mini 51 suite at that location. 52 (b)If the process server presents the name and address of 53 the person to be served to the person in charge of the private 54 mailbox, the virtual office, or the executive office or mini 55 suite, the person in charge must confirm whether the person to 56 be served maintains a private mailbox, a virtual office, or an 57 executive office or mini suite at that location. Refusal by the 58 person in charge to make such confirmation is a violation of s. 59 843.02. 60 (c)For purposes of this subsection, the term virtual 61 office means an office that provides communications services, 62 such as telephone or facsimile services, and address services 63 without providing dedicated office space, and where all 64 communications are routed through a common receptionist. The 65 term executive office or mini suite means an office that 66 provides communications services, such as telephone and 67 facsimile services, a dedicated office space, and other 68 supportive services, and where all communications are routed 69 through a common receptionist. 70 Section 2.Subsection (4) of section 48.062, Florida 71 Statutes, is amended to read: 72 48.062Service on a limited liability company. 73 (4)(a)If the address for the registered agent, member, or 74 manager is a residence, a private mailbox, a virtual office, or 75 an executive office or mini suite, service on the domestic or 76 foreign limited liability company may be made by serving the 77 registered agent, member, or manager in accordance with s. 78 48.031. 79 (b)If the address for the registered agent, member, or 80 manager is a residence or a private mailbox, the service may be 81 made at any hour and does not first need to be attempted during 82 the hours a limited liability companys registered office is 83 required to be open under s. 48.091(2). 84 Section 3.Paragraph (b) of subsection (3) of section 85 48.081, Florida Statutes, is amended to read: 86 48.081Service on corporation. 87 (3) 88 (b)1.If the address for the registered agent, officer, 89 director, or principal place of business is a residence, a 90 private mailbox, a virtual office, or an executive office or 91 mini suite, service on the corporation may be made by serving 92 the registered agent, officer, or director in accordance with s. 93 48.031. 94 2.If the address for the registered agent, officer, or 95 director is a residence or a private mailbox, the service may be 96 made at any hour and does not first need to be attempted during 97 the hours a corporations registered office is required to be 98 open under s. 48.091(2). 99 Section 4.Paragraph (a) of subsection (2) of section 100 48.27, Florida Statutes, is amended to read: 101 48.27Certified process servers. 102 (2)(a)The addition of a persons name to the list 103 authorizes him or her to serve initial nonenforceable civil 104 process on a person found within the circuit where the process 105 server is certified when a civil action has been filed against 106 such person in the circuit court or in a county court in this 107 the state. Upon filing an action in circuit or county court, a 108 person may select from the list for the circuit where the 109 process is to be served one or more certified process servers to 110 serve initial nonenforceable civil process. 111 Section 5.Subsection (4) is added to section 48.111, 112 Florida Statutes, to read: 113 48.111Service on public agencies and officers. 114 (4)A public agency, board, commission, department, or 115 subdivision described in subsection (1), subsection (2), or 116 subsection (3) may designate one or more of its employees to 117 accept service in lieu of the public officers and members 118 described in subsection (1), subsection (2), or subsection (3). 119 Section 6.Section 1001.40, Florida Statutes, is amended to 120 read: 121 1001.40District school board to constitute a corporation. 122 (1)The governing body of each school district shall be a 123 district school board. Each district school board is constituted 124 a body corporate by the name of The School Board of .... 125 County, Florida. 126 (2)(a)In all suits against district school boards, service 127 of process must shall be made had on the chair of the district 128 school board or, if he or she cannot be found, on the district 129 school superintendent as executive officer of the district 130 school board or, in the absence of the chair and the district 131 school superintendent, on another member of the district school 132 board. 133 (b)A school district may designate one or more district 134 employees to accept service of process in lieu of the school 135 board officers and members described in paragraph (a). 136 Section 7.This act shall take effect July 1, 2022.