CS/HB 641

1
A bill to be entitled
2An act relating to service of process; amending s. 30.231,
3F.S.; increasing the fees charged by the sheriff in civil
4cases for service of process; deleting prohibition on
5additional fees for certain documents; amending s. 48.021,
6F.S.; providing that criminal witness subpoenas and
7criminal summonses may be served by a special process
8server appointed by the local sheriff or by a certified
9process server; amending s. 56.041, F.S.; providing that
10all unsatisfied executions in the possession of the
11sheriff docketed before October 1, 2001, may be returned
12to the issuing court; amending s. 56.21, F.S.; requiring
13the submission of an affidavit before levying a judgment
14upon real property; requiring the sheriff to furnish to
15the judgment debtor or the debtor's attorney of record a
16copy of the notice of sale, notice of levy, and affidavit
17within a specified period before execution of a sale or
18levy; amending s. 56.27, F.S.; requiring that priority of
19liens on real property be based on the effective date of
20the judgment lien; requiring a levying creditor to deliver
21to the sheriff at the time of the levy request an
22affidavit setting forth certain information and
23attestations; amending ss. 741.30 and 784.046, F.S.,
24relating to service of process in cases of domestic
25violence or sexual abuse; authorizing clerks of court to
26transmit facsimile copies of previously certified
27injunctions to sheriffs upon request; requiring sheriffs
28to verify receipt of facsimile copies of injunctions with
29clerks of court before attempting service; authorizing law
30enforcement officers to serve facsimile copies of
31injunctions in the same manner as certified copies;
32providing an appropriation; providing an effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Subsections (1) and (4) of section 30.231,
37Florida Statutes, are amended to read:
38     30.231  Sheriffs' fees for service of summons, subpoenas,
39and executions.--
40     (1)  The sheriffs of all counties of the state in civil
41cases shall charge fixed, nonrefundable fees for docketing and
42service of process, according to the following schedule:
43     (a)  All summons or writs except executions: $40 $20 for
44each summons or writ to be served, except when more than one
45summons or writ is issued at the same time out of the same cause
46of action to be served upon one person or defendant at the same
47time, in which case the sheriff shall be entitled to one fee.
48     (b)  All writs except executions requiring a levy or
49seizure of property: $50 in addition to the $40 $20 fee as
50stated in paragraph (a).
51     (c)  Witness subpoenas: $40 $20 for each witness to be
52served.
53     (d)  Executions:
54     1.  Forty Twenty dollars for docketing and indexing each
55writ of execution, regardless of the number of persons involved.
56     2.  Fifty dollars for each levy.
57     a.  A levy is considered made when any property or any
58portion of the property listed or unlisted in the instructions
59for levy is seized, or upon demand of the sheriff the writ is
60satisfied by the defendant in lieu of seizure. Seizure requires
61that the sheriff take actual possession, if practicable, or,
62alternatively, constructive possession of the property by order
63of the court.
64     b.  When the instructions are for levy upon real property,
65a levy fee is required for each parcel described in the
66instructions.
67     c.  When the instructions are for levy based upon personal
68property, one fee is allowed, unless the property is seized at
69different locations, conditional upon all of the items being
70advertised collectively and the sale being held at a single
71location. However, if the property seized cannot be sold at one
72location during the same sale as advertised, but requires
73separate sales at different locations, the sheriff is then
74authorized to impose a levy fee for the property and sale at
75each location.
76     3.  Forty Twenty dollars for advertisement of sale under
77process.
78     4.  Forty Twenty dollars for each sale under process.
79     5.  Forty Twenty dollars for each deed, bill of sale, or
80satisfaction of judgment.
81     (4)  All fees collected under paragraphs (1)(a), (b), (c),
82and (d) shall be nonrefundable and shall be earned when each
83original request or service of process is made, and no
84additional fees shall be required for alias and pluries
85documents when service was not effected on the original document
86in that county by that sheriff.
87     Section 2.  Subsection (1) of section 48.021, Florida
88Statutes, is amended to read:
89     48.021  Process; by whom served.--
90     (1)  All process shall be served by the sheriff of the
91county where the person to be served is found, except that
92initial nonenforceable civil process, criminal witness
93subpoenas, and criminal summonses may be served by a special
94process server appointed by the sheriff as provided for in this
95section or by a certified process server as provided for in ss.
9648.25-48.31. Civil witness subpoenas may be served by any person
97authorized by rules of civil procedure.
98     Section 3.  Subsection (2) of section 56.041, Florida
99Statutes, is amended to read:
100     56.041  Executions; collection and return.--
101     (2)  All unsatisfied executions in the hands of the sheriff
102docketed before October 1, 2001, or 20 years after the date of
103issuance of final judgment upon which the execution was issued
104may be returned, to the court issuing the execution, 20 years
105after the date of issuance of final judgment upon which the
106execution was issued. Upon such return, the clerk of the court
107of issuance shall provide a receipt, to the sheriff submitting
108the return, acknowledging the return of the unsatisfied
109execution.
110     Section 4.  Section 56.21, Florida Statutes, is amended to
111read:
112     56.21  Execution sales; notice.--Notice of all sales under
113execution shall be given by advertisement once each week for 4
114successive weeks in a newspaper published in the county in which
115the sale is to take place. The time of such notice may be
116shortened in the discretion of the court from which the
117execution issued, upon affidavit that the property to be sold is
118subject to decay and will not sell for its full value if held
119until date of sale. On or before the date of the first
120publication or posting of the notice of sale, a copy of the
121notice of sale shall be furnished by the sheriff by certified
122mail to the attorney of record of the judgment debtor, or to the
123judgment debtor at the judgment debtor's last known address if
124the judgment debtor does not have an attorney of record. Such
125copy of the notice of sale shall be mailed even though a default
126judgment was entered. When levying upon real or personal
127property, a notice of such levy and execution sale and a copy of
128the affidavit required by s. 56.27(4) shall be sent by the
129sheriff to the attorneys of record of all judgment creditors, or
130to all judgment creditors who do not have an attorney of record,
131who have acquired a judgment lien as provided in s. 55.10(1) and
132(2), s. 55.202, or s. 55.204(3), and whose liens have not lapsed
133at the time of levy, at the address listed in the judgment lien
134certificate, or, if amended, in any amendment to the judgment
135lien certificate, and to all secured creditors who have filed
136financing statements as provided in part V of chapter 679 in the
137name of the judgment debtor reflecting a security interest in
138property of the kind to be sold at the execution sale at the
139address listed in the financing statement, or, if amended, in
140any amendment to the financing statement. Such notice shall be
141made in the same manner as notice is made to any judgment debtor
142under this section. When levying upon real property, notice of
143such levy and execution sale and affidavit required by s.
14456.27(4) shall be made to the property owner of record in the
145same manner as notice is made to any judgment debtor pursuant to
146this section. When selling real or personal property, the sale
147date shall not be earlier than 30 days after the date of the
148first advertisement.
149     Section 5.  Subsections (1), (2), and (4) of section 56.27,
150Florida Statutes, are amended to read:
151     56.27  Executions; payment of money collected.--
152     (1)  All money received under executions shall be paid, in
153the order prescribed, to the following: the sheriff, for costs;
154the levying creditor in the amount of $500 as liquidated
155expenses; and if the levy is upon real property, the first
156priority lienholder under s. 55.10(1) and (2), 55.10; and if the
157levy is upon personal property, the first priority lienholder
158under s. 55.202, s. 55.204(3), or s. 55.208(2), as set forth in
159an affidavit required by subsection (4), or his or her attorney,
160in satisfaction of the judgment lien, if provided that the
161judgment lien has not lapsed at the time of the levy. The
162receipt of the attorney shall be a release of the officer paying
163the money to him or her. If When the name of more than one
164attorney appears in the court file, the money shall be paid to
165the attorney who originally commenced the action or who made the
166original defense unless the file shows that another attorney has
167been substituted.
168     (2)  If When property sold under execution brings more than
169the amount needed to satisfy the provisions of subsection (1),
170the surplus shall be paid in the order of priority to any
171judgment lienholders whose judgment liens have not lapsed.
172Priority of liens on personal property shall be based on the
173effective date of the judgment lien acquired under s. 55.202, s.
17455.204(3), or s. 55.208(2), as set forth in an affidavit
175required under subsection (4). Priority of liens on real
176property shall be based on the effective date of the judgment
177lien acquired under s. 55.10(1) and (2), as set forth in an
178affidavit required under subsection (4). If there is a surplus
179after all valid judgment liens and execution liens have been
180satisfied, the surplus must be paid to the defendant.
181     (4)  Before the date of the first publication or posting of
182the notice of sale provided for under s. 56.21, at the time of
183the levy request to the sheriff, the levying creditor shall
184deliver to the sheriff an affidavit setting forth the following
185as to the judgment debtor:
186     (a)  For a personal property levy, an attestation by that
187the levying creditor or the creditor's attorney of record that
188he or she has reviewed the database or judgment lien records
189established in accordance with ss. 55.201-55.209 and that the
190information contained in the affidavit based on that review is
191true and correct. For a real property levy in accordance with s.
19255.10(1) and (2), an attestation by the levying creditor or his
193or her attorney of record that he or she has reviewed the
194records of the clerk of court of the county where the property
195is situated, or that he or she has performed a title search, and
196that the information contained in the affidavit based on that
197review or title search is true and correct.;
198     (b)  The information required under s. 55.203(1) and (2)
199for each judgment lien certificate indexed under the name of the
200judgment debtor as to each judgment creditor; the file number
201assigned to the record of the original and, if any, the second
202judgment lien; and the date of filing for each judgment lien
203certificate under s. 55.202 or s. 55.204(3). For real property,
204the information contained in the certified copy of recordation
205of lien pursuant to s. 55.10(1) and (2) for each lien recorded
206on real property.; and
207     (c)  A statement that the levying creditor either does not
208have any other levy in process or, if another levy is in
209process, the levying creditor believes in good faith that the
210total value of the property under execution does not exceed the
211amount of outstanding judgments.
212     Section 6.  Paragraph (a) of subsection (8) of section
213741.30, Florida Statutes, is amended to read:
214     741.30  Domestic violence; injunction; powers and duties of
215court and clerk; petition; notice and hearing; temporary
216injunction; issuance of injunction; statewide verification
217system; enforcement.--
218     (8)(a)1.  The clerk of the court shall furnish a copy of
219the petition, financial affidavit, Uniform Child Custody
220Jurisdiction and Enforcement Act affidavit, if any, notice of
221hearing, and temporary injunction, if any, to the sheriff or a
222law enforcement agency of the county where the respondent
223resides or can be found, who shall serve it upon the respondent
224as soon thereafter as possible on any day of the week and at any
225time of the day or night. When requested by the sheriff, the
226clerk of court may transmit a facsimile copy of an injunction
227that has been certified by the clerk of court, and this
228facsimile copy may be served in the same manner as a certified
229copy. Upon receiving a facsimile copy, the sheriff must verify
230receipt with the sender before attempting to serve it upon the
231respondent. In addition, if the sheriff is in possession of an
232injunction for protection that has been certified by the clerk
233of court, the sheriff may transmit a facsimile copy of that
234injunction to a law enforcement officer who shall serve it in
235the same manner as a certified copy. The clerk of the court
236shall be responsible for furnishing to the sheriff such
237information on the respondent's physical description and
238location as is required by the department to comply with the
239verification procedures set forth in this section.
240Notwithstanding any other provision of law to the contrary, the
241chief judge of each circuit, in consultation with the
242appropriate sheriff, may authorize a law enforcement agency
243within the jurisdiction to effect service. A law enforcement
244agency serving injunctions pursuant to this section shall use
245service and verification procedures consistent with those of the
246sheriff.
247     2.  When an injunction is issued, if the petitioner
248requests the assistance of a law enforcement agency, the court
249may order that an officer from the appropriate law enforcement
250agency accompany the petitioner and assist in placing the
251petitioner in possession of the dwelling or residence, or
252otherwise assist in the execution or service of the injunction.
253A law enforcement officer shall accept a copy of an injunction
254for protection against domestic violence, certified by the clerk
255of the court, from the petitioner and immediately serve it upon
256a respondent who has been located but not yet served.
257     3.  All orders issued, changed, continued, extended, or
258vacated subsequent to the original service of documents
259enumerated under subparagraph 1., shall be certified by the
260clerk of the court and delivered to the parties at the time of
261the entry of the order. The parties may acknowledge receipt of
262such order in writing on the face of the original order. In the
263event a party fails or refuses to acknowledge the receipt of a
264certified copy of an order, the clerk shall note on the original
265order that service was effected. If delivery at the hearing is
266not possible, the clerk shall mail certified copies of the order
267to the parties at the last known address of each party. Service
268by mail is complete upon mailing. When an order is served
269pursuant to this subsection, the clerk shall prepare a written
270certification to be placed in the court file specifying the
271time, date, and method of service and shall notify the sheriff.
272
273If the respondent has been served previously with the temporary
274injunction and has failed to appear at the initial hearing on
275the temporary injunction, any subsequent petition for injunction
276seeking an extension of time may be served on the respondent by
277the clerk of the court by certified mail in lieu of personal
278service by a law enforcement officer.
279     Section 7.  Paragraph (a) of subsection (8) of section
280784.046, Florida Statutes, is amended to read:
281     784.046  Action by victim of repeat violence, sexual
282violence, or dating violence for protective injunction; powers
283and duties of court and clerk of court; filing and form of
284petition; notice and hearing; temporary injunction; issuance;
285statewide verification system; enforcement.--
286     (8)(a)1.  The clerk of the court shall furnish a copy of
287the petition, notice of hearing, and temporary injunction, if
288any, to the sheriff or a law enforcement agency of the county
289where the respondent resides or can be found, who shall serve it
290upon the respondent as soon thereafter as possible on any day of
291the week and at any time of the day or night. When requested by
292the sheriff, the clerk of court may transmit a facsimile copy of
293an injunction that has been certified by the clerk of court, and
294this facsimile copy may be served in the same manner as a
295certified copy. Upon receiving a facsimile copy, the sheriff
296must verify receipt with the sender before attempting to serve
297it upon the respondent. In addition, if the sheriff is in
298possession of an injunction for protection that has been
299certified by the clerk of court, the sheriff may transmit a
300facsimile copy of that injunction to a law enforcement officer
301who shall serve it in the same manner as a certified copy. The
302clerk of the court shall be responsible for furnishing to the
303sheriff such information on the respondent's physical
304description and location as is required by the department to
305comply with the verification procedures set forth in this
306section. Notwithstanding any other provision of law to the
307contrary, the chief judge of each circuit, in consultation with
308the appropriate sheriff, may authorize a law enforcement agency
309within the chief judge's jurisdiction to effect this type of
310service and to receive a portion of the service fee. No person
311shall be authorized or permitted to serve or execute an
312injunction issued under this section unless the person is a law
313enforcement officer as defined in chapter 943.
314     2.  When an injunction is issued, if the petitioner
315requests the assistance of a law enforcement agency, the court
316may order that an officer from the appropriate law enforcement
317agency accompany the petitioner and assist in the execution or
318service of the injunction. A law enforcement officer shall
319accept a copy of an injunction for protection against repeat
320violence, sexual violence, or dating violence, certified by the
321clerk of the court, from the petitioner and immediately serve it
322upon a respondent who has been located but not yet served.
323     Section 8.  There is hereby appropriated $2,285,925 in
324recurring funds from the Grants and Donations Trust Fund of the
325Department of Revenue to implement the increased cost for
326service of process in Title IV-D child support cases.
327     Section 9.  This act shall take effect July 1, 2007.


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