Senate Bill 0752c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 752
By the Committee on Children and Families; and Senator Geller
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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 to enter a
7 building and to take a person into custody
8 pursuant to such a writ; providing an effective
9 date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Subsection (2) of section 61.11, Florida
14 Statutes, is amended to read:
15 61.11 Writs.--
16 (2)(a) When the court issues a writ of bodily
17 attachment in connection with a court-ordered child support
18 obligation, the writ or attachment to the writ must include,
19 at a minimum, such information on the respondent's physical
20 description and location as is required for entry of the writ
21 into the Florida Crime Information Center telecommunications
22 system and authorization for the assessment and collection of
23 the actual costs associated with the service of the writ and
24 transportation of the respondent in compliance thereof. The
25 writ shall direct that service and execution of the writ may
26 be made on any day of the week and any time of the day or
27 night.
28 (b) The clerk of the court shall forward a copy of the
29 writ for service to the sheriff of the county in which the
30 writ is issued.
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Florida Senate - 2000 CS for SB 752
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1 (c) Upon receipt of a writ from the clerk of the
2 court, the sheriff shall enter the information on any unserved
3 writ into the Florida Crime Information Center
4 telecommunications system to make the information available to
5 other law enforcement agencies within the state. The writ
6 shall be enforceable in all counties of the state.
7 (d) A writ of bodily attachment may be served and
8 executed on any day of the week and any time of the day or
9 night. If any law enforcement officer fails to gain admittance
10 to the building or property where the subject of the writ is
11 reasonably believed to reside after the officer has announced
12 her or his authority and purpose in order to execute a writ of
13 bodily attachment, the officer may use all necessary and
14 reasonable force to enter the building or property and may use
15 all necessary and reasonable force to take custody of the
16 person who is subject of the writ.
17 (e)(d) Upon receipt of the purge payment, the
18 receiving agency shall provide the subject with a written
19 receipt acknowledging such payment, which must be carried on
20 the person of the respondent for a period of at least 30 days
21 from the date of payment as proof of such payment. A sheriff
22 receiving such payment shall forward the funds to the sheriff
23 who entered the information about the writ into the Florida
24 Crime Information Center telecommunications system and who
25 shall forward the funds to the appropriate clerk of court.
26 (f)(e) After a writ is modified, purged, recalled,
27 terminated, or otherwise rendered ineffective by ruling of the
28 court, the clerk of the court shall notify the sheriff
29 receiving the original writ. That agency shall modify or
30 cancel the entry in the Florida Crime Information Center
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 752
300-1786-00
1 telecommunications system in accordance with such
2 notification.
3 Section 2. This act shall take effect upon becoming a
4 law.
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6 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
7 Senate Bill 752
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- Removes the provision of criminal and civil immunity to
10 law enforcement officers executing a writ of bodily
attachment, pursuant to s. 61.11(2).
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- Requires that law enforcement officers announce their
12 authority and purpose prior to using reasonable force to
enter a building or property to execute the writ.
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- Modifies the law enforcement officers' ability to use
14 necessary and reasonable force to enter any building or
property to only apply to the building or property where
15 the person who is subject of the writ is reasonably
believed to reside.
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- Clarifies that reasonable and necessary force can be
17 used to take custody of a person who is subject of the
writ.
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