Senate Bill 0752
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 752
By Senator Geller
29-373-00
1 A bill to be entitled
2 An act relating to writs of bodily attachment;
3 amending s. 61.11, F.S.; providing for a writ
4 of bodily attachment to be served on any day
5 and at any time; authorizing a law enforcement
6 officer to use reasonable force in taking a
7 person into custody pursuant to such a writ;
8 exempting an officer who acts in good faith in
9 executing a writ of bodily attachment from
10 civil or criminal liability; providing an
11 effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Subsection (2) of section 61.11, Florida
16 Statutes, is amended to read:
17 61.11 Writs.--
18 (2)(a) When the court issues a writ of bodily
19 attachment in connection with a court-ordered child support
20 obligation, the writ or attachment to the writ must include,
21 at a minimum, such information on the respondent's physical
22 description and location as is required for entry of the writ
23 into the Florida Crime Information Center telecommunications
24 system and authorization for the assessment and collection of
25 the actual costs associated with the service of the writ and
26 transportation of the respondent in compliance thereof. The
27 writ shall direct that service and execution of the writ may
28 be made on any day of the week and any time of the day or
29 night.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 752
29-373-00
1 (b) The clerk of the court shall forward a copy of the
2 writ for service to the sheriff of the county in which the
3 writ is issued.
4 (c) Upon receipt of a writ from the clerk of the
5 court, the sheriff shall enter the information on any unserved
6 writ into the Florida Crime Information Center
7 telecommunications system to make the information available to
8 other law enforcement agencies within the state. The writ
9 shall be enforceable in all counties of the state.
10 (d) A writ of bodily attachment may be served and
11 executed on any day of the week and any time of the day or
12 night. A law enforcement officer acting in accordance with a
13 writ of bodily attachment may use all reasonable force
14 necessary to enter any building or property to take custody of
15 the person who is the subject of the writ. A law enforcement
16 officer who takes a person into custody pursuant to a writ of
17 bodily attachment may not be held criminally or civilly liable
18 if the officer acted in good faith and used only the
19 reasonable force necessary to execute the writ.
20 (e)(d) Upon receipt of the purge payment, the
21 receiving agency shall provide the subject with a written
22 receipt acknowledging such payment, which must be carried on
23 the person of the respondent for a period of at least 30 days
24 from the date of payment as proof of such payment. A sheriff
25 receiving such payment shall forward the funds to the sheriff
26 who entered the information about the writ into the Florida
27 Crime Information Center telecommunications system and who
28 shall forward the funds to the appropriate clerk of court.
29 (f)(e) After a writ is modified, purged, recalled,
30 terminated, or otherwise rendered ineffective by ruling of the
31 court, the clerk of the court shall notify the sheriff
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 752
29-373-00
1 receiving the original writ. That agency shall modify or
2 cancel the entry in the Florida Crime Information Center
3 telecommunications system in accordance with such
4 notification.
5 Section 2. This act shall take effect upon becoming a
6 law.
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8 *****************************************
9 SENATE SUMMARY
10 Authorizes a law enforcement officer to execute a writ of
bodily attachment on any day and at any time. Authorizes
11 such officer to use reasonable force in executing the
writ. Provides that an officer who acts in good faith in
12 executing a writ of bodily attachment is exempt from
civil or criminal liability.
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