Senate Bill 0752c1

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    Florida Senate - 2000                            CS for SB 752

    By the Committee on Children and Families; and Senator Geller





    300-1786-00

  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 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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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                            CS for SB 752
    300-1786-00




  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.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                         Senate Bill 752

  8

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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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