On July 1, 2014, Florida HB 627 went into effect to provide some changes in the process service industry. The sheriff’s office can now charge a flat fee of $40 per summons. It also limits the liability for a sheriff in the wrongful distribution of an estate sale. This bill was introduced in January 2014 and passed through the system very easily. HB 627 received very few nays as it was voted on during the 2014 session and on June 20, it was approved by Governor Rick Scott.
Benefits to Process Service
Most notably, HB 627 helps the process service procedure by requiring employers to allow process servers access to their employees. Employers can designate a private area for the service. Employers who won’t allow access can be fined up to $1000.00 in a noncriminal violation.
In addition, it makes service on corporations much easier as it permits process service on a corporation at an address where a registered agent, president, or other head of the organization is located. The bill also provides for substitute service at a sole proprietorship under certain circumstances.
Educate Employers
Process servers may have to educate employers under these new requirements, but it should make serving individuals easier if they are employed. As the law is being implemented, there may be some challenges with federal employees. Employers that have policies in place to handle process service on their premises will have to rewrite that policy. It’s almost certain that not everyone in the chain of command will understand the implications.
Process servers will need to be assertive when they come across problems under HB 627. Security personnel who manage the front door of a business may not have the authorization to change the existing company policy. To remain professional, it’s important for process servers to speak to someone who can accommodate the service of process.
