Process Service is Streamlined by the Legislature

Process Service is Streamlined by the Legislature

The measure “simplifies, harmonizes, and modernizes process service.”

The House and Senate have agreed on a proposal to streamline and modernize process service.

On March 7, the House voted 112-0 to give final legislative approval to SB 1062, introduced by Sen. Jennifer Bradley, R-Orange Park. The companion bill, HB 545, was introduced by Rep. Mike Beltran, R-Valrico.

Both bills breezed through the committee process with no opposition.

“Please join me in supporting process service and increasing the efficiency of civil litigation,” Beltran said.

Bradley stated on the Senate floor that she collaborated with the Florida Bar’s Business Law, Real Property, Probate and Trust Law, and Family Law sections, as well as the trial lawyer advocacy group, the Florida Justice Association.

“This bill amends statutes relating to process service,” Bradley explained. “It updates and removes redundant areas, clarifies, and makes several technical changes to our process law service.”

Beltran testified before the House that the bill “simplifies, harmonizes, and modernizes process service.”

The measures would clarify the procedure for serving process on corporations, limited liability companies, and other business entities, among other things.

In many cases, the measure would prioritize process service on registered agents.

According to a staff analysis, the bill would also establish a framework for serving process on individuals or entities in a foreign country, “to include any form of process recognized under that country’s laws.”

In some cases, a provision supported by the FJA would allow the use of a “commercial firm regularly engaged in the business of document or package delivery,” such as FedEx or UPS, to effectuate service in pre-suit notices for medical negligence claims.

The bill’s mention of email and “other electronic means” sparked some late-night debate on the Senate floor.

“I noticed a provision in there that I don’t recall seeing in Judiciary, which is the ability to service process via email,” said Sen. Ray Rodrigues, R-Ft. Myers. “Could you please elaborate on that?”

Bradley assured Rodrigues that the reference was to substitute service on the Secretary of State, which is only permitted after all other attempts have failed and does not “broadly” permit service of process via email.

“This bill states that if you’ve been communicating with the party on a regular basis, whether by email, text, or fax, you should send a notice to those locations as well to ensure that the other party is aware,” Bradley explained.

The bill now goes to Gov. Ron DeSantis, who can sign it, veto it, or allow it to become law without his signature.