Title: Subpoenas

Summary: Revising the definition of "properly served"; authorizing an applicant to petition a court to compel compliance with a subpoena; authorizing a court to address noncompliance as indirect criminal contempt and impose a daily fine for a specified amount of time, etc.

Full Text:
An act relating to subpoenas; amending s. 92.605, F.S.; revising the definition of  properly served ; authorizing an applicant to petition a court to compel compliance with a subpoena; authorizing a court to address noncompliance as indirect criminal contempt and impose a daily fine for a specified amount of time; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (h) of subsection (1) of section 92.605, Florida Statutes, is amended, and subsection (10) is added to that section, to read: 92.605 Production of certain records by Florida businesses and out-of-state corporations.  (1) For the purposes of this section, the term: (h) Properly served  means delivery by hand or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to a person or entity properly registered to do business in any state. In order for an out-of-state corporation to be properly served, the service described in this paragraph must be effected on the corporation s registered agent in this state or as authorized under the laws of the state where process is to be served.Service on an out-of-state corporation doing business in this state through the Internet may also be made at any location where the corporation routinely accepts service. (10)   If a Florida business or an out-of-state corporation refuses to comply with a properly served subpoena or does not comply with the requirements of subsection (2) or subsection (3), the applicant who sought the subpoena may petition a court of competent jurisdiction to compel compliance. The court may address the matter as indirect criminal contempt and may punish a business or corporation by a fine of not less than $100 and not more than $1,000 per day for a maximum of days. Section 2. This act shall take effect July 1, 2020.