Senate Bill sb1712

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1712

    By Senator Crist





    12-802A-07                                              See HB

  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; deleting prohibition on additional

  6         fees for certain documents; providing an

  7         effective date.

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

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11         Section 1.  Subsections (1) and (4) of section 30.231,

12  Florida Statutes, are amended to read:

13         30.231  Sheriffs' fees for service of summons,

14  subpoenas, and executions.--

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

16  cases shall charge fixed, nonrefundable fees for docketing and

17  service of process, according to the following schedule:

18         (a)  All summons or writs except executions: $40 $20

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

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

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

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

23  one fee.

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

25  seizure of property: $50 in addition to the $40 $20 fee as

26  stated in paragraph (a).

27         (c)  Witness subpoenas: $40 $20 for each witness to be

28  served.

29         (d)  Executions:

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






    Florida Senate - 2007                                  SB 1712
    12-802A-07                                              See HB




 1         1.  Forty Twenty dollars for docketing and indexing

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

 3  involved.

 4         2.  Fifty dollars for each levy.

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

 6  portion of the property listed or unlisted in the instructions

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

 8  satisfied by the defendant in lieu of seizure. Seizure

 9  requires that the sheriff take actual possession, if

10  practicable, or, alternatively, constructive possession of the

11  property by order of the court.

12         b.  When the instructions are for levy upon real

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

14  the instructions.

15         c.  When the instructions are for levy based upon

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

17  seized at different locations, conditional upon all of the

18  items being advertised collectively and the sale being held at

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

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

21  requires separate sales at different locations, the sheriff is

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

23  at each location.

24         3.  Forty Twenty dollars for advertisement of sale

25  under process.

26         4.  Forty Twenty dollars for each sale under process.

27         5.  Forty Twenty dollars for each deed, bill of sale,

28  or satisfaction of judgment.

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

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

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

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






    Florida Senate - 2007                                  SB 1712
    12-802A-07                                              See HB




 1  additional fees shall be required for alias and pluries

 2  documents when service was not effected on the original

 3  document in that county by that sheriff.

 4         Section 2.  This act shall take effect July 1, 2007.

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