Florida Senate - 2021 SB 1548



By Senator Pizzo





38-01014-21 20211548__
1 A bill to be entitled
2 An act relating to evictions during a declared state
3 of emergency; creating s. 48.205, F.S.; prohibiting
4 specified service of process during an emergency
5 declaration period; providing immunity from liability
6 for certain persons for failing to take certain
7 actions during an emergency declaration period;
8 defining the term “emergency declaration period”;
9 creating s. 83.684, F.S.; tolling specified time
10 periods for certain evictions under certain
11 circumstances; requiring a court to stay eviction
12 proceedings during an emergency declaration period;
13 defining the term “emergency declaration period”;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 48.205, Florida Statutes, is created to
19 read:
20 48.205 Service of process during a state of emergency.—A
21 writ, a process, a warrant, an order, or a judgment relating to
22 a residential eviction, as provided in part II of chapter 83,
23 may not be served or executed during a state of emergency
24 declared by the President of the United States or by the
25 Governor or a governing body of a political subdivision of the
26 state under chapter 252. This prohibition remains in effect for
27 15 days after the expiration or termination of the state of
28 emergency, or, if the state of emergency is extended by the
29 applicable authority, for 15 days after the expiration or
30 termination of the extension. A sheriff or other person
31 authorized to make service of process under the Florida Rules of
32 Civil Procedure is not liable for failing to serve or execute
33 such writ, process, warrant, order, or judgment during the
34 emergency declaration period. For purposes of this section, the
35 term “emergency declaration period” includes the period of time
36 stated in the declaration of the state of emergency, and any
37 extensions thereof, and 15 days after the expiration of such
38 period of time.
39 Section 2. Section 83.684, Florida Statutes, is created to
40 read:
41 83.684 Actions for rent or possession during a state of
42 emergency.—A declaration of a state of emergency issued by the
43 President of the United States or by the Governor or a governing
44 body of a political subdivision of the state under chapter 252
45 tolls any statutory time periods relating to the eviction of a
46 residential tenant under this part during the emergency
47 declaration period. The court shall, on its own motion, stay any
48 eviction proceeding under this part during the emergency
49 declaration period. For purposes of this section, the term
50 “emergency declaration period” includes the period of time
51 stated in the declaration of the state of emergency, and any
52 extensions thereof, and 15 days after the expiration of such
53 period of time.
54 Section 3. This act shall take effect July 1, 2021.