Process Service Legislation in Full Swing in Florida

Posted by | January 15, 2016 | Legislation/Bills | No Comments

process service legislationThe Florida Association of Professional Process Servers (FAPPS) has been very diligent in staying on top of process service legislation.

FAPPS awareness of legislative issues allowed them to be an active part of having wording changed on two bills which are set to impact process servers. The first bill, HB 651, would allow the Department of Financial Services to create a system for accepting service of process documents electronically.  In order to ensure traditional process service was not completely eliminated, a meeting with FAPPS and the department resulted in making sure the amendment is in addition to standard service of process. The Department of Financial Services has stated their intent with this bill was to make sure service couldn’t be sent to them via certified mail.

FAPPS was also able to intervene on behalf of its members in a bill that is still is being drafted. The Florida Bankers Association (FBA) is seeking to create a central authority for process service to be made, essentially a registered agent for any company conducting business in Florida. Thankfully the FBA agreed to remove wording which would have allowed for service by mail or other delivery service. Wording is still included which required service by a trusted third party authorized to serve.

For FAPPS original proposed suggestions go here.

FAPPS is also looking to include a new bill to amend Chapter 48.031 to allow for service on virtual, executive or mini office suites such as a Regency and to allow for service to made on the person in charge the same way it would be upon a private mail box location.

In recognizing through the OASIS proposal the impending use of electronic service of process, FAPPS is also seeking to amend Chapter 49 to add in a definition of what “electronic service” is and to include a provision that electronic service via social media can only be made by a trusted third party authorized to serve in Florida.

FAPPS is looking for assistance with seeking sponsors for the bill and asks members to reach out to any member of Senate or Congress they may know to see if they will help in sponsoring the bill.

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