Monroe County |
Code of Ordinances |
Chapter 2. ADMINISTRATION |
Article III. OFFICERS AND EMPLOYEES |
Division 1. GENERALLY |
§ 2-59. County employees accepting service of process on behalf of county or other employees prohibited.
(a)
Except as provided for in subsection (d), no county employee, shall accept service of process on behalf of another county employee, the county attorney, the county administrator, the clerk of the circuit courts, or any county commissioner. Process includes, but is not limited to, summons and complaints, trial subpoenas, and subpoenas for depositions. Nothing in this section shall prohibit the county attorney from filing a responsive pleading motion, thereby waiving service of a summons and complaint, in any case whenever the county, a member of the board of county commissioners, or an executive employee in official capacity is named as defendant.
(b)
Except as provided for in subsection (d), no county employee, inclusive of the county attorney, administrator, the clerk of the circuit courts, or any county commissioner shall authorize any county employee to accept service of process on behalf of another county employee, the county administrator, the clerk of the circuit courts, or any county commissioner as described in this section or in any other form.
(c)
Any county employee, inclusive of the county administrator, the clerk of the circuit courts, or any county commissioner shall immediately make a photocopy of any document served or attempted to be served upon that employee. Unless such process is directed to the person served therewith, acceptance of service shall be refused, the original shall be returned to the party attempting service, and the photocopied documents shall be forwarded to the office of the county attorney forthwith, noting thereon the time, date and name of person upon whom service was attempted.
(d)
The board authorizes the county attorney and assistant county attorneys, while physically present at the county attorney's office or any county office building, to accept service of process on behalf of the county when the county is a party named in an action in lieu of serving the mayor, vice mayor, or county commissioner pursuant to F.S. § 48.111(1). No other county employee including the county administrator is authorized to accept service on behalf of the county. Notwithstanding the foregoing, service of process on the mayor, vice mayor, or any commissioner pursuant to F.S. § 48.111 shall still constitute effective service.
(Code 1979, § 2-7.1; Ord. No. 52-1995, §§ 1—3; Ord. No. 024-2103, § 1 )