| 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. |