Senate Bill sb2320

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    Florida Senate - 2006                                  SB 2320

    By Senator Crist





    12-763A-06

  1                      A bill to be entitled

  2         An act relating to service of process; amending

  3         s. 30.231, F.S.; increasing the fees charged by

  4         the sheriff in civil cases for service of

  5         process; providing an exception for

  6         governmental agencies; amending s. 48.29, F.S.;

  7         providing that the examination for

  8         certification as a process server is mandatory;

  9         requiring that the examination be offered at

10         least once each year; providing an effective

11         date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 30.231, Florida Statutes, is

16  amended to read:

17         30.231  Sheriffs' fees for service of summons,

18  subpoenas, and executions.--

19         (1)  The sheriffs of all counties of the state in civil

20  cases shall charge fixed, nonrefundable fees for docketing and

21  service of process, according to the following schedule:

22         (a)  All summons or writs except executions: $30 $20

23  for each summons or writ to be served, except when more than

24  one summons or writ is issued at the same time out of the same

25  cause of action to be served upon one person or defendant at

26  the same time, in which case the sheriff shall be entitled to

27  one fee.

28         (b)  All writs except executions requiring a levy or

29  seizure of property: $50 in addition to the $30 $20 fee as

30  stated in paragraph (a).

31  

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    Florida Senate - 2006                                  SB 2320
    12-763A-06




 1         (c)  Witness subpoenas: $30 $20 for each witness to be

 2  served.

 3         (d)  Executions:

 4         1.  Thirty Twenty dollars for docketing and indexing

 5  each writ of execution, regardless of the number of persons

 6  involved.

 7         2.  Fifty dollars for each levy.

 8         a.  A levy is considered made when any property or any

 9  portion of the property listed or unlisted in the instructions

10  for levy is seized, or upon demand of the sheriff the writ is

11  satisfied by the defendant in lieu of seizure. Seizure

12  requires that the sheriff take actual possession, if

13  practicable, or, alternatively, constructive possession of the

14  property by order of the court.

15         b.  When the instructions are for levy upon real

16  property, a levy fee is required for each parcel described in

17  the instructions.

18         c.  When the instructions are for levy based upon

19  personal property, one fee is allowed, unless the property is

20  seized at different locations, conditional upon all of the

21  items being advertised collectively and the sale being held at

22  a single location. However, if the property seized cannot be

23  sold at one location during the same sale as advertised, but

24  requires separate sales at different locations, the sheriff is

25  then authorized to impose a levy fee for the property and sale

26  at each location.

27         3.  Thirty Twenty dollars for advertisement of sale

28  under process.

29         4.  Thirty Twenty dollars for each sale under process.

30         5.  Thirty Twenty dollars for each deed, bill of sale,

31  or satisfaction of judgment.

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    Florida Senate - 2006                                  SB 2320
    12-763A-06




 1         (2)  For levying on property and for the seizure of

 2  persons, the sheriff shall be allowed anticipated expenses

 3  necessary for the execution of the process directing such levy

 4  or seizure and for the safekeeping of property and persons in

 5  the custody of the sheriff. A reasonable cost deposit to cover

 6  said fees and expenses in connection with the requested

 7  services shall be deposited in advance, by the party

 8  requesting the service, with the officer requested to perform

 9  the service.

10         (3)  It shall be the responsibility of the party

11  requesting service of process to furnish to the sheriff the

12  original or a certified copy of the process and sufficient

13  copies to be served on the parties receiving the service of

14  process. The party requesting service of process shall provide

15  the sheriff with the best known address where the person may

16  be served. Failure to perfect service at the address provided

17  does not excuse the sheriff from his or her duty to exercise

18  due diligence in locating the person to be served.

19         (4)  All fees collected under paragraphs (1)(a), (b),

20  (c), and (d) shall be nonrefundable and shall be earned when

21  each original request or service of process is made, and no

22  additional fees shall be required for alias and pluries

23  documents when service was not effected on the original

24  document in that county by that sheriff.

25         (5)  Notwithstanding the higher fees in paragraphs

26  (1)(a), (b), (c), and (d), the sheriff shall assess a

27  governmental agency or unit a fee of $20 for docketing and

28  service of process.

29         (6)(5)  All fees collected under the provisions of this

30  section shall be paid monthly into the fine and forfeiture

31  fund of the county.

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    Florida Senate - 2006                                  SB 2320
    12-763A-06




 1         Section 2.  Subsection (3) of section 48.29, Florida

 2  Statutes, is amended to read:

 3         48.29  Certification of process servers.--

 4         (3)  A person applying to become a certified process

 5  server shall:

 6         (a)  Be at least 18 years of age;

 7         (b)  Have no mental or legal disability;

 8         (c)  Be a permanent resident of the state;

 9         (d)  Submit to a background investigation, which shall

10  include the right to obtain and review the criminal record of

11  the applicant;

12         (e)  Obtain and file with his or her application a

13  certificate of good conduct, which specifies there is no

14  pending criminal case against the applicant and that there is

15  no record of any felony conviction, nor a record of a

16  conviction of a misdemeanor involving moral turpitude or

17  dishonesty, with respect to the applicant within the past 5

18  years;

19         (f)  If prescribed by the chief judge of the circuit,

20  Submit to an examination testing his or her knowledge of the

21  laws and rules regarding the service of process.  The content

22  of the examination and the passing grade thereon, and the

23  frequency and location at which the such examination is shall

24  be offered shall be prescribed by the chief judge of the

25  circuit.  The examination, if any, shall be offered at least

26  once annually;

27         (g)  Execute a bond in the amount of $5,000 with a

28  surety company authorized to do business in this state for the

29  benefit of any person wrongfully injured by any malfeasance,

30  misfeasance, neglect of duty, or incompetence of the

31  

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    Florida Senate - 2006                                  SB 2320
    12-763A-06




 1  applicant, in connection with his or her duties as a process

 2  server. Such bond shall be renewable annually; and

 3         (h)  Take an oath of office that he or she will

 4  honestly, diligently, and faithfully exercise the duties of a

 5  certified process server.

 6         Section 3.  This act shall take effect July 1, 2006.

 7  

 8            *****************************************

 9                          SENATE SUMMARY

10    Increases the fees charged by the sheriff in civil cases
      for service of process from $20 to $30. Provides for the
11    service-of-process fees charged to a governmental agency
      to remain at $20. Provides that the examination for
12    certification as a process server is mandatory.

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