Florida Association of Professional Process Servers

More than three years ago when I first proposed these changes to the board and they told me to go forward, I never thought that the legislative process could contain more obstacles than can ever be imagined. Tireless effort, although frustrating at times, finally won out. That effort was shared by and I sincerely thank Chuck Taylor, Arnold Segel, Mike Compton, Troy McDonald and Todd Vause for their help, guidance, suggestions and counsel. A special word of thanks to our lobbyist, Bob Levy, who worked miracles in helping to achieve our goal. And a final word of Thanks to the board for allowing me to pursue my dream.

 

Sincerely,

Jack Lippman

 

The following is the new language to certain sections of Chapter 48 that become effective on July 1, 2004.

48.031 (5) On all service of process, the person effecting service shall place on the copy served the date and time of service and his or her identification number and initials.

This replaces 49.29 (6)(a) which required a Certified Process Server to include his or her printed name and signature on process served.

48.031 (6) When the only address available through public records of the person to be served or business to be served is a private mailbox, and the person serving process has otherwise made reasonable investigation as to the location of the person to be served, substitute service may be made by leaving a copy of the process with the person apparently in charge of the private mailbox, only after determining that the person or business to be served maintains a mailbox at that location.

Service at private mailbox would be permitted following the guidelines.

48.031 (3) (a) As an alternative to all of the foregoing, process may be served on the agent designated by the corporation under s. 48.091. However, if service cannot be made on a registered agent because of failure to comply with s. 48.091, service of process shall be permitted on any employee at the corporations' principal place of business or on any employee of the registered agent.

The last eight words above would permit service on the secretary or other employee of the Registered Agent.

48.081 (3) (b) When the address provided for the registered agent, officer, director or principal place of business is a residence or private mailbox, service on the corporation may be made by serving the registered agent, officer, or director in accordance with s. 48.031

Substitute service can be made as per (1) (a) at the residence and (6) at a private mailbox.

48.21 Return of execution of process. - All persons who effect service of process shall note on a return of service form attached thereto, the date and time when it comes to hand, the date and time when it is served, the manner of service, the name of the person on whom it was served and if such person is served in a representative capacity, the position occupied by the person.

This requires any person serving to complete a Return form with this information. The previous language was directed to officers to whom process is directed.

You are encouraged to review Chapter 48 independently and not to rely solely on the above.