Florida Association of Professional Process Servers

The Florida Association of Professional Process Servers

Legislative Monitoring and Legislation History

Since the early 80’s, FAPPS has been committed to constantly monitoring all legislation that may have an impact on service of process in the state of Florida. FAPPS dedicated members have worked to block legislation that may be harmful to litigants as well as introduce and support legislation that has streamlined the way service of process is executed.

There has been a lot of activity within the legislature as it pertains to service of process that will greatly affect the entire industry. With the support and assistance of our lobbyist, FAPPS continues to work with legislatures on both sides of the aisle to insure that the statutes are updated, corrected, amended, or removed. This insures due process is maintained and litigation can move forward without unnecessary delays and/or inflated costs, due to liberal interpretation of the current statutory authority and failure by parties to adhere to case law that mandates the statutes must be strictly construed. FAPPS also continues to help protect the process service professionals and the industry, both member and non-members, from being denied the ability to handle this critical part of our judicial system.

In the 2022 Legislative Session, two bills became law that will have an effect on service of process.

SB 1062/HB 545: This bill has become law effective January 2, 2023. Learn more about how service on business entities, including partnerships, will change by attending one our upcoming board meetings or education classes.

HB 959: This bill has become law effective July 1, 2022.

Here is the full text of the most recent bills that have passed over the past few years.

Legislative Initiatives accomplished by FAPPS

Florida HB91: Effective June 7, 2019

FAPPS introduced legislation that clarified certain sections of Chapter 48. It covered Substituted Service upon a spouse away from the residence. It allowed for initials or signature for the process server in their endorsement on the service documents and the requirement of a license number, if applicable, which addressed the issue process servers were having when serving by Court Order. It also exempted process servers from the window screening requirements in F.S. 316.29545

Florida HB627: Effective July 1, 2014

Civil penalty for noncompliance with 48.031 1(b) – service upon an individual at a place of employment, substitute service upon an individual doings business as a sole proprietor, revision to a provision related to service on a corporation.

Service on a Limited Liability Company: Effective January 1, 2014 We proposed and passed an amendment to Chapter 48 to provide methods of service upon an LLC.

Florida House Bill 59: Effective July 1, 2011

FAPPS proposed and passed a bill that grants authorized process servers unannounced access to gated communities, condominiums, etc.; authorized person attempting to serve process on registered agent of corporation to serve process, in specified circumstances, on any employee of registered agent during first attempt at service even if the registered agent is temporarily absent from his or her office; directs process server to place required information on first page of at least one of processes served; requires process server to list all initial pleadings delivered & served along with process on return-of-service form; requires person issuing process to file return-of-service form with court; revises the number of copies of process that must be served on statutory agents for certain persons; authorizes sheriff to charge fee for processing writ of execution; authorizes person to provide sheriff with electronic copy of service of process;

Florida Senate Bill 412: July 1, 2009

FAPPS proposed and worked with the Florida Sheriff’s Association to pass a bill that increased the fee the sheriff charges to $40. Exempts the state and its agencies from increased fees or additional fees required for alias and pluries. Provides that criminal witness subpoenas and criminal summons may be served by a special process server appointed by the local sheriff or by a certified process server.

Senate Bill 222: Effective July 1, 2004

FAPPS proposed and passed a bill that allowed posting of a criminal witness subpoena under specified conditions; permitted service upon a Private Mailbox, provides alternative methods of service on a corporation; requires servers of process to provide certain information on the return of service; revises the requirement that certified process servers provide certain information on the face of the process served.

Senate Bill 484: Effective October 1, 1988

FACPS (the predecessor of FAPPS) Proposed and passed an amendment to Chapter 48 that defined private process servers under two criteria. The ability to be licensed through appointment by the sheriff of your county, or certified by the Chief Judge of your Judicial Circuit without a Motion and Order.

In addition, FAPPS has:

  • - Worked to ensure Process Servers and Private Investigators retained the ability to access motor vehicle information.
  • - Worked in counties around the state to encourage institution of court appointed process server programs where none existed.
  • - Worked to assist with the creation of the Court Order Governing Certified Process Servers – 9th Judicial Circuit