The Florida Association of Process Servers currently has two pieces of legislation pending that would change some process server rules and limit trespassing offenses.
SB620/HB627, co-sponsored by Ray Pilon and Walter “Skip” Campbell in the Senate, have a number of important changes for process servers:
- Sheriffs shall now receive payment for each service at the same address, rather than one payment of $40 for summons or writs from the same action upon the same defendant at the same time
- Employers who fail to comply with the rule allowing a process server to serve an employee in a designated area at the business can now be fined up to $1,000 (noncriminal violation)
- Changes some of the language surrounding rules for serving sole proprietorships
Part of the reason attorneys still use sheriffs is their cost. Requiring sheriffs to charge for every service to individuals may encourage more attorneys to utilize private process servers.
SB912/HB1177, sponsored by Charles S. Dean, seeks to limit trespassing offenses for authorized persons attempting to serve process. As long as entrance onto the property is necessary to serve process, a process server will not be subject to civil liability.
More states continue to introduce legislation regarding trespassing laws, and is something the New Jersey Process Servers Association has attempted to get passed multiple times. Unfortunately we have not yet had success in New Jersey, but we’ll be rooting for Florida.
FAPPS is currently asking process servers to write letters to our Representatives and Senators in support of these bills. To help them out click https://www.fapps.org/news.asp and utilize the templates that have been provided and then mail out your letters. Let’s help FAPPS accomplish their goal!
