| 1 | Representative Snyder offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (493321) (with title |
| 4 | amendment) |
| 5 | Remove lines 81-326 and insert: |
| 6 | (e) Fees under this subsection chargeable to the State of |
| 7 | Florida or its agencies shall be those fees as formerly provided |
| 8 | in this subsection as it existed on June 30, 2007. |
| 9 | (4) All fees collected under paragraphs (1)(a), (b), (c), |
| 10 | and (d) shall be nonrefundable and shall be earned when each |
| 11 | original request or service of process is made, and no |
| 12 | additional fees shall be required for alias and pluries |
| 13 | documents when service was not effected on the original document |
| 14 | in that county by that sheriff. |
| 15 | Section 2. Subsection (1) of section 48.021, Florida |
| 16 | Statutes, is amended to read: |
| 17 | 48.021 Process; by whom served.-- |
| 18 | (1) All process shall be served by the sheriff of the |
| 19 | county where the person to be served is found, except that |
| 20 | initial nonenforceable civil process, criminal witness |
| 21 | subpoenas, and criminal summonses may be served by a special |
| 22 | process server appointed by the sheriff as provided for in this |
| 23 | section or by a certified process server as provided for in ss. |
| 24 | 48.25-48.31. Civil witness subpoenas may be served by any person |
| 25 | authorized by rules of civil procedure. |
| 26 | Section 3. Subsection (2) of section 56.041, Florida |
| 27 | Statutes, is amended to read: |
| 28 | 56.041 Executions; collection and return.-- |
| 29 | (2) All unsatisfied executions in the hands of the sheriff |
| 30 | docketed before October 1, 2001, or 20 years after the date of |
| 31 | issuance of final judgment upon which the execution was issued |
| 32 | may be returned, to the court issuing the execution, 20 years |
| 33 | after the date of issuance of final judgment upon which the |
| 34 | execution was issued. Upon such return, the clerk of the court |
| 35 | of issuance shall provide a receipt, to the sheriff submitting |
| 36 | the return, acknowledging the return of the unsatisfied |
| 37 | execution. |
| 38 | Section 4. Section 56.21, Florida Statutes, is amended to |
| 39 | read: |
| 40 | 56.21 Execution sales; notice.--Notice of all sales under |
| 41 | execution shall be given by advertisement once each week for 4 |
| 42 | successive weeks in a newspaper published in the county in which |
| 43 | the sale is to take place. The time of such notice may be |
| 44 | shortened in the discretion of the court from which the |
| 45 | execution issued, upon affidavit that the property to be sold is |
| 46 | subject to decay and will not sell for its full value if held |
| 47 | until date of sale. On or before the date of the first |
| 48 | publication or posting of the notice of sale, a copy of the |
| 49 | notice of sale shall be furnished by the sheriff by certified |
| 50 | mail to the attorney of record of the judgment debtor, or to the |
| 51 | judgment debtor at the judgment debtor's last known address if |
| 52 | the judgment debtor does not have an attorney of record. Such |
| 53 | copy of the notice of sale shall be mailed even though a default |
| 54 | judgment was entered. When levying upon real or personal |
| 55 | property, a notice of such levy and execution sale and a copy of |
| 56 | the affidavit required by s. 56.27(4) shall be sent by the |
| 57 | sheriff to the attorneys of record of all judgment creditors, or |
| 58 | to all judgment creditors who do not have an attorney of record, |
| 59 | who have acquired a judgment lien as provided in s. 55.10(1) and |
| 60 | (2), s. 55.202, or s. 55.204(3), and whose liens have not lapsed |
| 61 | at the time of levy, at the address listed in the judgment lien |
| 62 | certificate, or, if amended, in any amendment to the judgment |
| 63 | lien certificate, and to all secured creditors who have filed |
| 64 | financing statements as provided in part V of chapter 679 in the |
| 65 | name of the judgment debtor reflecting a security interest in |
| 66 | property of the kind to be sold at the execution sale at the |
| 67 | address listed in the financing statement, or, if amended, in |
| 68 | any amendment to the financing statement. Such notice shall be |
| 69 | made in the same manner as notice is made to any judgment debtor |
| 70 | under this section. When levying upon real property, notice of |
| 71 | such levy and execution sale and affidavit required by s. |
| 72 | 56.27(4) shall be made to the property owner of record in the |
| 73 | same manner as notice is made to any judgment debtor pursuant to |
| 74 | this section. When selling real or personal property, the sale |
| 75 | date shall not be earlier than 30 days after the date of the |
| 76 | first advertisement. |
| 77 | Section 5. Subsections (1), (2), and (4) of section 56.27, |
| 78 | Florida Statutes, are amended to read: |
| 79 | 56.27 Executions; payment of money collected.-- |
| 80 | (1) All money received under executions shall be paid, in |
| 81 | the order prescribed, to the following: the sheriff, for costs; |
| 82 | the levying creditor in the amount of $500 as liquidated |
| 83 | expenses; and if the levy is upon real property, the first |
| 84 | priority lienholder under s. 55.10(1) and (2), 55.10; and if the |
| 85 | levy is upon personal property, the first priority lienholder |
| 86 | under s. 55.202, s. 55.204(3), or s. 55.208(2), as set forth in |
| 87 | an affidavit required by subsection (4), or his or her attorney, |
| 88 | in satisfaction of the judgment lien, if provided that the |
| 89 | judgment lien has not lapsed at the time of the levy. The |
| 90 | receipt of the attorney shall be a release of the officer paying |
| 91 | the money to him or her. If When the name of more than one |
| 92 | attorney appears in the court file, the money shall be paid to |
| 93 | the attorney who originally commenced the action or who made the |
| 94 | original defense unless the file shows that another attorney has |
| 95 | been substituted. |
| 96 | (2) If When property sold under execution brings more than |
| 97 | the amount needed to satisfy the provisions of subsection (1), |
| 98 | the surplus shall be paid in the order of priority to any |
| 99 | judgment lienholders whose judgment liens have not lapsed. |
| 100 | Priority of liens on personal property shall be based on the |
| 101 | effective date of the judgment lien acquired under s. 55.202, s. |
| 102 | 55.204(3), or s. 55.208(2), as set forth in an affidavit |
| 103 | required under subsection (4). Priority of liens on real |
| 104 | property shall be based on the effective date of the judgment |
| 105 | lien acquired under s. 55.10(1) and (2), as set forth in an |
| 106 | affidavit required under subsection (4). If there is a surplus |
| 107 | after all valid judgment liens and execution liens have been |
| 108 | satisfied, the surplus must be paid to the defendant. |
| 109 | (4) Before the date of the first publication or posting of |
| 110 | the notice of sale provided for under s. 56.21, at the time of |
| 111 | the levy request to the sheriff, the levying creditor shall |
| 112 | deliver to the sheriff an affidavit setting forth the following |
| 113 | as to the judgment debtor: |
| 114 | (a) For a personal property levy, an attestation by that |
| 115 | the levying creditor or the creditor's attorney of record that |
| 116 | he or she has reviewed the database or judgment lien records |
| 117 | established in accordance with ss. 55.201-55.209 and that the |
| 118 | information contained in the affidavit based on that review is |
| 119 | true and correct. For a real property levy in accordance with s. |
| 120 | 55.10(1) and (2), an attestation by the levying creditor or his |
| 121 | or her attorney of record that he or she has reviewed the |
| 122 | records of the clerk of court of the county where the property |
| 123 | is situated, or that he or she has performed a title search, and |
| 124 | that the information contained in the affidavit based on that |
| 125 | review or title search is true and correct.; |
| 126 | (b) The information required under s. 55.203(1) and (2) |
| 127 | for each judgment lien certificate indexed under the name of the |
| 128 | judgment debtor as to each judgment creditor; the file number |
| 129 | assigned to the record of the original and, if any, the second |
| 130 | judgment lien; and the date of filing for each judgment lien |
| 131 | certificate under s. 55.202 or s. 55.204(3). For real property, |
| 132 | the information contained in the certified copy of recordation |
| 133 | of lien pursuant to s. 55.10(1) and (2) for each lien recorded |
| 134 | on real property.; and |
| 135 | (c) A statement that the levying creditor either does not |
| 136 | have any other levy in process or, if another levy is in |
| 137 | process, the levying creditor believes in good faith that the |
| 138 | total value of the property under execution does not exceed the |
| 139 | amount of outstanding judgments. |
| 140 | Section 6. Paragraph (a) of subsection (8) of section |
| 141 | 741.30, Florida Statutes, is amended to read: |
| 142 | 741.30 Domestic violence; injunction; powers and duties of |
| 143 | court and clerk; petition; notice and hearing; temporary |
| 144 | injunction; issuance of injunction; statewide verification |
| 145 | system; enforcement.-- |
| 146 | (8)(a)1. The clerk of the court shall furnish a copy of |
| 147 | the petition, financial affidavit, Uniform Child Custody |
| 148 | Jurisdiction and Enforcement Act affidavit, if any, notice of |
| 149 | hearing, and temporary injunction, if any, to the sheriff or a |
| 150 | law enforcement agency of the county where the respondent |
| 151 | resides or can be found, who shall serve it upon the respondent |
| 152 | as soon thereafter as possible on any day of the week and at any |
| 153 | time of the day or night. When requested by the sheriff, the |
| 154 | clerk of court may transmit a facsimile copy of an injunction |
| 155 | that has been certified by the clerk of court, and this |
| 156 | facsimile copy may be served in the same manner as a certified |
| 157 | copy. Upon receiving a facsimile copy, the sheriff must verify |
| 158 | receipt with the sender before attempting to serve it upon the |
| 159 | respondent. In addition, if the sheriff is in possession of an |
| 160 | injunction for protection that has been certified by the clerk |
| 161 | of court, the sheriff may transmit a facsimile copy of that |
| 162 | injunction to a law enforcement officer who shall serve it in |
| 163 | the same manner as a certified copy. The clerk of the court |
| 164 | shall be responsible for furnishing to the sheriff such |
| 165 | information on the respondent's physical description and |
| 166 | location as is required by the department to comply with the |
| 167 | verification procedures set forth in this section. |
| 168 | Notwithstanding any other provision of law to the contrary, the |
| 169 | chief judge of each circuit, in consultation with the |
| 170 | appropriate sheriff, may authorize a law enforcement agency |
| 171 | within the jurisdiction to effect service. A law enforcement |
| 172 | agency serving injunctions pursuant to this section shall use |
| 173 | service and verification procedures consistent with those of the |
| 174 | sheriff. |
| 175 | 2. When an injunction is issued, if the petitioner |
| 176 | requests the assistance of a law enforcement agency, the court |
| 177 | may order that an officer from the appropriate law enforcement |
| 178 | agency accompany the petitioner and assist in placing the |
| 179 | petitioner in possession of the dwelling or residence, or |
| 180 | otherwise assist in the execution or service of the injunction. |
| 181 | A law enforcement officer shall accept a copy of an injunction |
| 182 | for protection against domestic violence, certified by the clerk |
| 183 | of the court, from the petitioner and immediately serve it upon |
| 184 | a respondent who has been located but not yet served. |
| 185 | 3. All orders issued, changed, continued, extended, or |
| 186 | vacated subsequent to the original service of documents |
| 187 | enumerated under subparagraph 1., shall be certified by the |
| 188 | clerk of the court and delivered to the parties at the time of |
| 189 | the entry of the order. The parties may acknowledge receipt of |
| 190 | such order in writing on the face of the original order. In the |
| 191 | event a party fails or refuses to acknowledge the receipt of a |
| 192 | certified copy of an order, the clerk shall note on the original |
| 193 | order that service was effected. If delivery at the hearing is |
| 194 | not possible, the clerk shall mail certified copies of the order |
| 195 | to the parties at the last known address of each party. Service |
| 196 | by mail is complete upon mailing. When an order is served |
| 197 | pursuant to this subsection, the clerk shall prepare a written |
| 198 | certification to be placed in the court file specifying the |
| 199 | time, date, and method of service and shall notify the sheriff. |
| 200 |
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| 201 | If the respondent has been served previously with the temporary |
| 202 | injunction and has failed to appear at the initial hearing on |
| 203 | the temporary injunction, any subsequent petition for injunction |
| 204 | seeking an extension of time may be served on the respondent by |
| 205 | the clerk of the court by certified mail in lieu of personal |
| 206 | service by a law enforcement officer. |
| 207 | Section 7. Paragraph (a) of subsection (8) of section |
| 208 | 784.046, Florida Statutes, is amended to read: |
| 209 | 784.046 Action by victim of repeat violence, sexual |
| 210 | violence, or dating violence for protective injunction; powers |
| 211 | and duties of court and clerk of court; filing and form of |
| 212 | petition; notice and hearing; temporary injunction; issuance; |
| 213 | statewide verification system; enforcement.-- |
| 214 | (8)(a)1. The clerk of the court shall furnish a copy of |
| 215 | the petition, notice of hearing, and temporary injunction, if |
| 216 | any, to the sheriff or a law enforcement agency of the county |
| 217 | where the respondent resides or can be found, who shall serve it |
| 218 | upon the respondent as soon thereafter as possible on any day of |
| 219 | the week and at any time of the day or night. When requested by |
| 220 | the sheriff, the clerk of court may transmit a facsimile copy of |
| 221 | an injunction that has been certified by the clerk of court, and |
| 222 | this facsimile copy may be served in the same manner as a |
| 223 | certified copy. Upon receiving a facsimile copy, the sheriff |
| 224 | must verify receipt with the sender before attempting to serve |
| 225 | it upon the respondent. In addition, if the sheriff is in |
| 226 | possession of an injunction for protection that has been |
| 227 | certified by the clerk of court, the sheriff may transmit a |
| 228 | facsimile copy of that injunction to a law enforcement officer |
| 229 | who shall serve it in the same manner as a certified copy. The |
| 230 | clerk of the court shall be responsible for furnishing to the |
| 231 | sheriff such information on the respondent's physical |
| 232 | description and location as is required by the department to |
| 233 | comply with the verification procedures set forth in this |
| 234 | section. Notwithstanding any other provision of law to the |
| 235 | contrary, the chief judge of each circuit, in consultation with |
| 236 | the appropriate sheriff, may authorize a law enforcement agency |
| 237 | within the chief judge's jurisdiction to effect this type of |
| 238 | service and to receive a portion of the service fee. No person |
| 239 | shall be authorized or permitted to serve or execute an |
| 240 | injunction issued under this section unless the person is a law |
| 241 | enforcement officer as defined in chapter 943. |
| 242 | 2. When an injunction is issued, if the petitioner |
| 243 | requests the assistance of a law enforcement agency, the court |
| 244 | may order that an officer from the appropriate law enforcement |
| 245 | agency accompany the petitioner and assist in the execution or |
| 246 | service of the injunction. A law enforcement officer shall |
| 247 | accept a copy of an injunction for protection against repeat |
| 248 | violence, sexual violence, or dating violence, certified by the |
| 249 | clerk of the court, from the petitioner and immediately serve it |
| 250 | upon a respondent who has been located but not yet served. |
| 251 |
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| 252 | =========== T I T L E A M E N D M E N T ======== |
| 253 | Remove lines 5-32 and insert: |
| 254 | additional fees for certain documents; exempting state |
| 255 | agencies from the increased fees; amending s. 48.021, |
| 256 | F.S.; providing that criminal witness subpoenas and |
| 257 | criminal summonses may be served by a special process |
| 258 | server appointed by the local sheriff or by a certified |
| 259 | process server; amending s. 56.041, F.S.; providing that |
| 260 | all unsatisfied executions in the possession of the |
| 261 | sheriff docketed before October 1, 2001, may be returned |
| 262 | to the issuing court; amending s. 56.21, F.S.; requiring |
| 263 | the submission of an affidavit before levying a judgment |
| 264 | upon real property; requiring the sheriff to furnish to |
| 265 | the judgment debtor or the debtor's attorney of record a |
| 266 | copy of the notice of sale, notice of levy, and affidavit |
| 267 | within a specified period before execution of a sale or |
| 268 | levy; amending s. 56.27, F.S.; requiring that priority of |
| 269 | liens on real property be based on the effective date of |
| 270 | the judgment lien; requiring a levying creditor to deliver |
| 271 | to the sheriff at the time of the levy request an |
| 272 | affidavit setting forth certain information and |
| 273 | attestations; amending ss. 741.30 and 784.046, F.S., |
| 274 | relating to service of process in cases of domestic |
| 275 | violence or sexual abuse; authorizing clerks of court to |
| 276 | transmit facsimile copies of previously certified |
| 277 | injunctions to sheriffs upon request; requiring sheriffs |
| 278 | to verify receipt of facsimile copies of injunctions with |
| 279 | clerks of court before attempting service; authorizing law |
| 280 | enforcement officers to serve facsimile copies of |
| 281 | injunctions in the same manner as certified copies; |
| 282 | providing an effective date. |