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Florida Senate Bill 462

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  • #1558
    AvatarNews
    Keymaster

    Status
    Spectrum: Slight Partisan Bill (? 3-1)
    Status: Introduced on January 23 2019 – 25% progression
    Action: 2019-04-03 – Laid on Table, companion bill(s) passed, see CS/CS/HB 91 (Ch. 2019-67)
    Text: Latest bill text (Comm Sub) [HTML]

    Summary
    Providing that a person who acquires for value a lien on property during the course of specified legal actions takes such lien free of claims in certain circumstances; specifying the effect of a valid, recorded notice of lis pendens in certain circumstances involving a judicial sale; revising requirements for substituted service on the spouse of the person to be served; exempting certified process servers from certain window sunscreening restrictions, etc.

    Title
    Judicial Process

    Sponsors
    Senate Rules Committee Senate Community Affairs Committee Senate Judiciary Committee Sen. Bobby Powell [D]

    History
    Date Chamber Action
    2019-04-03 Senate Laid on Table, companion bill(s) passed, see CS/CS/HB 91 (Ch. 2019-67)
    2019-04-03 Senate Substituted CS/CS/HB 91
    2019-04-03 Senate Read 3rd time
    2019-03-27 Senate Placed on 3rd reading
    2019-03-27 Senate Read 2nd time
    2019-03-26 Senate CS/CS/CS by Rules read 1st time
    2019-03-25 Senate Placed on Special Order Calendar, 03/27/19
    2019-03-25 Senate Placed on Calendar, on 2nd reading
    2019-03-22 Senate Pending reference review -under Rule 4.7(2) – (Committee Substitute)
    2019-03-21 Senate CS/CS/CS by- Rules; YEAS 17 NAYS 0
    2019-03-18 Senate On Committee agenda– Rules, 03/21/19, 1:30 pm, 110 Senate Building
    2019-03-07 Senate CS/CS by Community Affairs read 1st time
    2019-03-07 Senate Now in Rules
    2019-03-07 Senate Pending reference review under Rule 4.7(2) – (Committee Substitute)
    2019-03-05 Senate CS by Judiciary read 1st time
    2019-03-05 Senate CS/CS by Community Affairs; YEAS 5 NAYS 0
    2019-03-05 Senate Introduced
    2019-02-28 Senate On Committee agenda– Community Affairs, 03/05/19, 2:30 pm, 301 Senate Building
    2019-02-13 Senate Now in Community Affairs
    2019-02-12 Senate Pending reference review under Rule 4.7(2) – (Committee Substitute)
    2019-02-11 Senate CS by Judiciary; YEAS 6 NAYS 0
    2019-02-04 Senate On Committee agenda– Judiciary, 02/11/19, 4:30 pm, 110 Senate Building
    2019-02-01 Senate Referred to Judiciary; Community Affairs; Rules
    2019-01-23 Senate Filed
    Same As/Similar To
    H91 (Same As) 2019-06-10 – Chapter No. 2019-67

    Code Citations
    Chapter Article Section Citation Type Statute Text
    Chapter Article Section Citation Type Statute Text
    316 29545 Amended Code See Bill Text
    48 021 Amended Code See Bill Text
    48 031 Amended Code See Bill Text
    48 062 Amended Code See Bill Text
    48 194 Amended Code See Bill Text
    48 21 Amended Code See Bill Text
    48 23 Amended Code See Bill Text

    Florida State Sources
    Type Source
    Summary https://www.flsenate.gov/Session/Bill/2019/462
    Text https://www.flsenate.gov/Session/Bill/2019/462/BillText/Filed/HTML
    Text https://www.flsenate.gov/Session/Bill/2019/462/BillText/c1/HTML
    Text https://www.flsenate.gov/Session/Bill/2019/462/BillText/c2/HTML
    Text https://www.flsenate.gov/Session/Bill/2019/462/BillText/c3/HTML
    Amendment https://www.flsenate.gov/Session/Bill/2019/462/Amendment/447100/HTML
    Amendment https://www.flsenate.gov/Session/Bill/2019/462/Amendment/877408/HTML

    This topic was also posted in: Florida.
    #1560
    AvatarNews
    Keymaster

    Florida Senate – 2019 CS for CS for CS for SB 462

    By the Committees on Rules; Community Affairs; and Judiciary;
    and Senator Powell

    595-03327-19 2019462c3
    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; revising provisions relating
    7 to time requirements for intervention in certain
    8 proceedings; specifying the effect of a valid,
    9 recorded notice of lis pendens in certain
    10 circumstances involving a judicial sale; providing
    11 applicability; amending s. 48.021, F.S.; revising
    12 authority of special process servers; revising a
    13 cross-reference; requiring that civil witness
    14 subpoenas be served by certain persons; amending s.
    15 48.031, F.S.; revising requirements for substituted
    16 service on the spouse of the person to be served;
    17 revising requirements for documenting service of
    18 process; conforming terminology; amending s. 48.062,
    19 F.S.; revising requirements for service on limited
    20 liability companies; amending s. 48.194, F.S.;
    21 revising provisions specifying who may serve process
    22 outside the state; revising requirements for
    23 documenting that service has been properly made
    24 outside the state; amending s. 48.21, F.S.; revising
    25 requirements for return-of-service forms; authorizing
    26 certain persons to electronically sign return-of-
    27 service forms; amending s. 316.29545, F.S.; exempting
    28 certified process servers from certain window
    29 sunscreening restrictions; providing an effective
    30 date.
    31
    32 Be It Enacted by the Legislature of the State of Florida:
    33
    34 Section 1. Paragraphs (b) and (d) of subsection (1) of
    35 section 48.23, Florida Statutes, are amended to read:
    36 48.23 Lis pendens.—
    37 (1)
    38 (b)1. An action that is filed for specific performance or
    39 that is not based on a duly recorded instrument has no effect,
    40 except as between the parties to the proceeding, on the title
    41 to, or on any lien upon, the real or personal property unless a
    42 notice of lis pendens has been recorded and has not expired or
    43 been withdrawn or discharged.
    44 2. Any person acquiring for value an interest in, or lien
    45 upon, the real or personal property during the pendency of an
    46 action described in subparagraph 1., other than a party to the
    47 proceeding or the legal successor by operation of law, or
    48 personal representative, heir, or devisee of a deceased party to
    49 the proceeding, shall take such interest or lien exempt from all
    50 claims against the property that were filed in such action by
    51 the party who failed to record a notice of lis pendens or whose
    52 notice expired or was withdrawn or discharged, and from any
    53 judgment entered in the proceeding, notwithstanding the
    54 provisions of s. 695.01, as if such person had no actual or
    55 constructive notice of the proceeding or of the claims made
    56 therein or the documents forming the causes of action against
    57 the property in the proceeding.
    58 (d) Except for the interest of persons in possession or
    59 easements of use, the recording of such notice of lis pendens,
    60 provided that during the pendency of the proceeding it has not
    61 expired pursuant to subsection (2) or been withdrawn or
    62 discharged, constitutes a bar to the enforcement against the
    63 property described in the notice of all interests and liens,
    64 including, but not limited to, federal tax liens and levies,
    65 unrecorded at the time of recording the notice unless the holder
    66 of any such unrecorded interest or lien moves to intervene
    67 intervenes in such proceedings within 30 days after the
    68 recording of the notice and the court ultimately grants the
    69 motion. If the holder of any such unrecorded interest or lien
    70 does not intervene in the proceedings and if such proceedings
    71 are prosecuted to a judicial sale of the property described in
    72 the notice, the property shall be forever discharged from all
    73 such unrecorded interests and liens. A valid recorded notice of
    74 lis pendens of such proceedings prosecuted to a judicial sale
    75 remains in effect through the recording of any instrument
    76 transferring title to the property pursuant to the final
    77 judgment unless it expires, is withdrawn, or it is otherwise
    78 discharged. If the notice of lis pendens expires or is withdrawn
    79 or discharged, the expiration, withdrawal, or discharge of the
    80 notice does not affect the validity of any unrecorded interest
    81 or lien.
    82 Section 2. The changes made by this act to s. 48.23,
    83 Florida Statutes, are intended to clarify existing law and shall
    84 apply to actions pending on the effective date of this act.
    85 Section 3. Subsection (1) of section 48.021, Florida
    86 Statutes, is amended to read:
    87 48.021 Process; by whom served.—
    88 (1) All process shall be served by the sheriff of the
    89 county where the person to be served is found, except initial
    90 nonenforceable civil process, criminal witness subpoenas, and
    91 criminal summonses may be served by a special process server
    92 appointed by the sheriff as provided for in this section or by a
    93 certified process server as provided for in s. 48.27 ss. 48.25
    94 48.31. Civil witness subpoenas shall may be served by any person
    95 authorized by rules of civil procedure.
    96 Section 4. Subsections (2) and (5) and paragraph (a) of
    97 subsection (6) of section 48.031, Florida Statutes, are amended
    98 to read:
    99 48.031 Service of process generally; service of witness
    100 subpoenas.—
    101 (2)(a) Substituted Substitute service may be made on the
    102 spouse of the person to be served may be made at any place in a
    103 the county by an individual authorized under s. 48.021 or s.
    104 48.27 to serve process in that county, if the cause of action is
    105 not an adversarial adversary proceeding between the spouse and
    106 the person to be served, if the spouse requests such service or
    107 the spouse is also a party to the action, and if the spouse and
    108 person to be served reside are residing together in the same
    109 dwelling, regardless of whether such dwelling is located in the
    110 county where substituted service is made.
    111 (b) Substituted Substitute service may be made on an
    112 individual doing business as a sole proprietorship at his or her
    113 place of business, during regular business hours, by serving the
    114 person in charge of the business at the time of service if two
    115 attempts to serve the owner are have been made at the place of
    116 business.
    117 (5) A person serving process shall place, on the first page
    118 only of at least one of the processes served, the date and time
    119 of service, his or her initials or signature, and, if
    120 applicable, his or her identification number and initials for
    121 all service of process. The person serving process shall list on
    122 the return-of-service form all initial pleadings delivered and
    123 served along with the process. The person requesting service or
    124 the person authorized to serve the process shall file the
    125 return-of-service form with the court.
    126 (6)(a) If the only address for a person to be served which
    127 is discoverable through public records is a private mailbox, a
    128 virtual office, or an executive office or mini suite,
    129 substituted substitute service may be made by leaving a copy of
    130 the process with the person in charge of the private mailbox,
    131 virtual office, or executive office or mini suite, but only if
    132 the process server determines that the person to be served
    133 maintains a mailbox, a virtual office, or an executive office or
    134 mini suite at that location.
    135 Section 5. Subsection (4) of section 48.062, Florida
    136 Statutes, is amended to read:
    137 48.062 Service on a limited liability company.—
    138 (4) If the address provided for the registered agent,
    139 member, or manager is a residence, a or private mailbox, a
    140 virtual office, or an executive office or mini suite, service on
    141 the domestic or foreign limited liability company, domestic or
    142 foreign, may be made by serving the registered agent, member, or
    143 manager in accordance with s. 48.031.
    144 Section 6. Subsection (1) of section 48.194, Florida
    145 Statutes, is amended to read:
    146 48.194 Personal service outside state.—
    147 (1) Except as otherwise provided herein, service of process
    148 on persons outside of this state shall be made in the same
    149 manner as service within this state by any person officer
    150 authorized to serve process in the state where the person is
    151 served. No order of court is required. A An affidavit of the
    152 officer shall be filed, stating the time, manner, and place of
    153 service. The court may consider the return-of-service form
    154 described in s. 48.21 affidavit, or any other competent
    155 evidence, in determining whether service has been properly made.
    156 Service of process on persons outside the United States may be
    157 required to conform to the provisions of the Hague Convention on
    158 the Service Abroad of Judicial and Extrajudicial Documents in
    159 Civil or Commercial Matters.
    160 Section 7. Subsection (1) of section 48.21, Florida
    161 Statutes, is amended to read:
    162 48.21 Return of execution of process.—
    163 (1) Each person who effects service of process shall note
    164 on a return-of-service form attached thereto, the date and time
    165 when it comes to hand, the date and time when it is served, the
    166 manner of service, the name of the person on whom it was served,
    167 and, if the person is served in a representative capacity, the
    168 position occupied by the person. The return-of-service form must
    169 list all pleadings and documents served and be signed by the
    170 person who effects the service of process. However, a person who
    171 is authorized under this chapter to serve process and employed
    172 by a sheriff who effects such the service of process may sign
    173 the return-of-service form using an electronic signature
    174 certified by the sheriff.
    175 Section 8. Section 316.29545, Florida Statutes, is amended
    176 to read:
    177 316.29545 Window sunscreening exclusions; medical
    178 exemption; certain law enforcement vehicles, process server
    179 vehicles, and private investigative service vehicles exempt.—
    180 (1) The department shall issue medical exemption
    181 certificates to persons who are afflicted with Lupus, any
    182 autoimmune disease, or other medical conditions which require a
    183 limited exposure to light, which certificates shall entitle the
    184 person to whom the certificate is issued to have sunscreening
    185 material on the windshield, side windows, and windows behind the
    186 driver which is in violation of the requirements of ss.
    187 316.2951-316.2957. The department shall consult with the Medical
    188 Advisory Board established in s. 322.125 for guidance with
    189 respect to the autoimmune diseases and other medical conditions
    190 which shall be included on the form of the medical certificate
    191 authorized by this section. At a minimum, the medical exemption
    192 certificate shall include a vehicle description with the make,
    193 model, year, vehicle identification number, medical exemption
    194 decal number issued for the vehicle, and the name of the person
    195 or persons who are the registered owners of the vehicle. A
    196 medical exemption certificate shall be nontransferable and shall
    197 become null and void upon the sale or transfer of the vehicle
    198 identified on the certificate.
    199 (2) The department shall exempt all law enforcement
    200 vehicles used in undercover or canine operations from the window
    201 sunscreening requirements of ss. 316.2951-316.2957.
    202 (3) The department shall exempt from the window
    203 sunscreening restrictions of ss. 316.2953, 316.2954, and
    204 316.2956 vehicles that are owned or leased by process servers
    205 certified pursuant to s. 48.29 or by private investigators or
    206 private investigative agencies licensed under chapter 493.
    207 (4) The department may charge a fee in an amount sufficient
    208 to defray the expenses of issuing a medical exemption
    209 certificate as described in subsection (1).
    210 (5) The department is authorized to promulgate rules for
    211 the implementation of this section.
    212 Section 9. This act shall take effect upon becoming a law.

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