Brand new Florida law regarding service of process – Thanks to Maria J. Gutierrez for providing this important summary of Florida’s new law ending immunity for service of process.
The immunity enjoyed by residents of Florida’s gated communities is over for many. Security guards, doormen and other sentinels of gated communities and condominium complexes are now required to allow unannounced access to process services which means our privacy rights have taken another blow. Even though gated communities have increased dramatically in recent history Florida becomes on the third state, following California and Georgia, to pass a law that allows for the serving notice of lawsuit on residents of such communities.
It’s important for lawyers to remember that on occasion judges have invalidated service because the process server didn’t initial the documents for recording in the place a judge specified and this led to confusion about where to annotate a document. This is now clarified in the bill in that the initial should be on the front page of the service documents. And in Florida when it can be proven that service of process was fraudulent the server can be charged with a felony.