| 1 | A bill to be entitled |
| 2 | An act relating to service of process; amending s. 30.231, |
| 3 | F.S.; increasing the fees charged by the sheriff in civil |
| 4 | cases for service of process; deleting prohibition on |
| 5 | additional fees for certain documents; providing an |
| 6 | effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Subsections (1) and (4) of section 30.231, |
| 11 | Florida Statutes, are amended to read: |
| 12 | 30.231 Sheriffs' fees for service of summons, subpoenas, |
| 13 | and executions.-- |
| 14 | (1) The sheriffs of all counties of the state in civil |
| 15 | cases shall charge fixed, nonrefundable fees for docketing and |
| 16 | service of process, according to the following schedule: |
| 17 | (a) All summons or writs except executions: $40 $20 for |
| 18 | each summons or writ to be served, except when more than one |
| 19 | summons or writ is issued at the same time out of the same cause |
| 20 | of action to be served upon one person or defendant at the same |
| 21 | time, in which case the sheriff shall be entitled to one fee. |
| 22 | (b) All writs except executions requiring a levy or |
| 23 | seizure of property: $50 in addition to the $40 $20 fee as |
| 24 | stated in paragraph (a). |
| 25 | (c) Witness subpoenas: $40 $20 for each witness to be |
| 26 | served. |
| 27 | (d) Executions: |
| 28 | 1. Forty Twenty dollars for docketing and indexing each |
| 29 | writ of execution, regardless of the number of persons involved. |
| 30 | 2. Fifty dollars for each levy. |
| 31 | a. A levy is considered made when any property or any |
| 32 | portion of the property listed or unlisted in the instructions |
| 33 | for levy is seized, or upon demand of the sheriff the writ is |
| 34 | satisfied by the defendant in lieu of seizure. Seizure requires |
| 35 | that the sheriff take actual possession, if practicable, or, |
| 36 | alternatively, constructive possession of the property by order |
| 37 | of the court. |
| 38 | b. When the instructions are for levy upon real property, |
| 39 | a levy fee is required for each parcel described in the |
| 40 | instructions. |
| 41 | c. When the instructions are for levy based upon personal |
| 42 | property, one fee is allowed, unless the property is seized at |
| 43 | different locations, conditional upon all of the items being |
| 44 | advertised collectively and the sale being held at a single |
| 45 | location. However, if the property seized cannot be sold at one |
| 46 | location during the same sale as advertised, but requires |
| 47 | separate sales at different locations, the sheriff is then |
| 48 | authorized to impose a levy fee for the property and sale at |
| 49 | each location. |
| 50 | 3. Forty Twenty dollars for advertisement of sale under |
| 51 | process. |
| 52 | 4. Forty Twenty dollars for each sale under process. |
| 53 | 5. Forty Twenty dollars for each deed, bill of sale, or |
| 54 | satisfaction of judgment. |
| 55 | (4) All fees collected under paragraphs (1)(a), (b), (c), |
| 56 | and (d) shall be nonrefundable and shall be earned when each |
| 57 | original request or service of process is made, and no |
| 58 | additional fees shall be required for alias and pluries |
| 59 | documents when service was not effected on the original document |
| 60 | in that county by that sheriff. |
| 61 | Section 2. This act shall take effect July 1, 2007. |