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A bill to be entitled

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An act relating to service of process; amending s. 48.021,

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F.S.; allowing criminal witness subpoenas and criminal

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summonses to be served by a special process server

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appointed by the local sheriff or by a certified process

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server; amending s. 56.041, F.S.; providing that all

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unsatisfied executions held by the sheriff that were

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docketed before October 1, 2001, or held after a specified

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period may be returned to the issuing court; amending s.

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56.21, F.S.; requiring the submission of an affidavit

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before levying a judgment upon real property; requiring

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the sheriff to furnish to the judgment debtor or the

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debtor's attorney of record a copy of the notice of sale,

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notice of levy, and affidavit within a specified period

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before execution of a sale or levy; amending s. 56.27,

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F.S.; requiring that priority of liens on real property be

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based on the effective date of the judgment lien;

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requiring a levying creditor to deliver affidavit to the

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sheriff at the time of the levy request setting forth

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certain information and attestations; amending ss. 741.30

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and 784.046, F.S., relating to service of process in cases

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of domestic violence or sexual abuse; authorizing clerks

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of court to transmit facsimile copies of previously

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certified injunctions to sheriffs upon request; requiring

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sheriffs to verify receipt of facsimile copies of

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injunctions with clerks of court before attempting

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service; authorizing law enforcement officers to serve

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facsimile copies of injunctions in the same manner as

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certified copies; providing an effective date.

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

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     Section 1.  Subsection (1) of section 48.021, Florida

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Statutes, is amended to read:

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     48.021  Process; by whom served.--

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     (1)  All process shall be served by the sheriff of the

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county where the person to be served is found, except that

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initial nonenforceable civil process, criminal witness subpoenas,

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and criminal summonses may be served by a special process server

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appointed by the sheriff as provided for in this section or by a

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certified process server as provided for in ss. 48.25-48.31.

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Civil witness subpoenas may be served by any person authorized by

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rules of civil procedure.

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     Section 2.  Subsection (2) of section 56.041, Florida

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Statutes, is amended to read:

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     56.041  Executions; collection and return.--

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     (2)  All unsatisfied executions in the hands of the sheriff

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docketed before October 1, 2001, or 20 years after the date of

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issuance of final judgment upon which the execution was issued

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may be returned, to the court issuing the execution, 20 years

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after the date of issuance of final judgment upon which the

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execution was issued. Upon such return, the clerk of the court of

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issuance shall provide a receipt, to the sheriff submitting the

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return, acknowledging the return of the unsatisfied execution.

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     Section 3.  Section 56.21, Florida Statutes, is amended to

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read:

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     56.21  Execution sales; notice.--Notice of all sales under

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execution shall be given by advertisement once each week for 4

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successive weeks in a newspaper published in the county in which

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the sale is to take place. The time of such notice may be

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shortened in the discretion of the court from which the execution

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issued, upon affidavit that the property to be sold is subject to

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decay and will not sell for its full value if held until date of

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sale. On or before the date of the first publication or posting

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of the notice of sale, a copy of the notice of sale shall be

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furnished by the sheriff by certified mail to the attorney of

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record of the judgment debtor, or to the judgment debtor at the

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judgment debtor's last known address if the judgment debtor does

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not have an attorney of record. Such copy of the notice of sale

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shall be mailed even though a default judgment was entered. When

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levying upon real or personal property, a notice of such levy and

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execution sale and a copy of the affidavit required by s.

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56.27(4) shall be sent by the sheriff to the attorneys of record

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of all judgment creditors, or to all judgment creditors who do

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not have an attorney of record, who have acquired a judgment lien

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as provided in s. 55.10(1) and (2), s. 55.202, or s. 55.204(3),

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and whose liens have not lapsed at the time of levy, at the

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address listed in the judgment lien certificate, or, if amended,

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in any amendment to the judgment lien certificate, and to all

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secured creditors who have filed financing statements as provided

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in part V of chapter 679 in the name of the judgment debtor

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reflecting a security interest in property of the kind to be sold

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at the execution sale at the address listed in the financing

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statement, or, if amended, in any amendment to the financing

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statement. Such notice shall be made in the same manner as notice

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is made to any judgment debtor under this section. When levying

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upon real property, notice of such levy and execution sale and

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affidavit required by s. 56.27(4) shall be made to the property

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owner of record in the same manner as notice is made to any

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judgment debtor pursuant to this section. When selling real or

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personal property, the sale date shall not be earlier than 30

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days after the date of the first advertisement.

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     Section 4.  Subsections (1), (2), and (4) of section 56.27,

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Florida Statutes, are amended to read:

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     56.27  Executions; payment of money collected.--

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     (1)  All money received under executions shall be paid, in

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the order prescribed, to the following: the sheriff, for costs;

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the levying creditor in the amount of $500 as liquidated

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expenses; and if the levy is upon real property, the first

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priority lienholder under s. 55.10(1) and (2), s. 55.10; and if

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the levy is upon personal property, the first priority lienholder

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under s. 55.202, s. 55.204(3), or s. 55.208(2), as set forth in

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an affidavit required by subsection (4), or his or her attorney,

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in satisfaction of the judgment lien, if provided that the

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judgment lien has not lapsed at the time of the levy. The receipt

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of the attorney shall be a release of the officer paying the

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money to him or her. If When the name of more than one attorney

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appears in the court file, the money shall be paid to the

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attorney who originally commenced the action or who made the

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original defense unless the file shows that another attorney has

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been substituted.

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     (2) If When property sold under execution brings more than

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the amount needed to satisfy the provisions of subsection (1),

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the surplus shall be paid in the order of priority to any

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judgment lienholders whose judgment liens have not lapsed.

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Priority of liens on personal property shall be based on the

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effective date of the judgment lien acquired under s. 55.202, s.

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55.204(3), or s. 55.208(2), as set forth in an affidavit required

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under subsection (4). Priority of liens on real property shall be

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based on the effective date of the judgment lien acquired under

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s. 55.10(1) and (2), as set forth in an affidavit required under

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subsection (4). If there is a surplus after all valid judgment

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liens and execution liens have been satisfied, the surplus must

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be paid to the defendant.

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     (4)  Before the date of the first publication or posting of

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the notice of sale provided for under s. 56.21, at the time of

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the levy request to the sheriff, the levying creditor shall

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deliver to the sheriff an affidavit setting forth all of the

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following as to the judgment debtor:

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     (a) For a personal property levy, an attestation by that

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the levying creditor or the creditor's attorney of record that he

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or she has reviewed the database or judgment lien records

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established in accordance with ss. 55.201-55.209 and that the

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information contained in the affidavit based on that review is

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true and correct. For real property levy in accordance with s.

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55.10(1) and (2), an attestation by the levying creditor or his

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or her attorney of record that he or she has reviewed the records

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of the clerk of court of the county where the property is

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situated, or that he or she has performed a title search, and

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that the information contained in the affidavit based on that

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review or title search is true and correct.;

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     (b)  The information required under s. 55.203(1) and (2) for

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each judgment lien certificate indexed under the name of the

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judgment debtor as to each judgment creditor; the file number

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assigned to the record of the original and, if any, the second

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judgment lien; and the date of filing for each judgment lien

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certificate under s. 55.202 or s. 55.204(3). For real property,

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the information contained in the certified copy of recordation of

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lien pursuant to s. 55.10(1) and (2) for each lien recorded on

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real property.; and

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     (c)  A statement that the levying creditor either does not

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have any other levy in process or, if another levy is in process,

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the levying creditor believes in good faith that the total value

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of the property under execution does not exceed the amount of

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outstanding judgments.

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     Section 5.  Paragraph (a) of subsection (8) of section

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741.30, Florida Statutes, is amended to read:

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     741.30  Domestic violence; injunction; powers and duties of

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court and clerk; petition; notice and hearing; temporary

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injunction; issuance of injunction; statewide verification

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system; enforcement.--

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     (8)(a)1.  The clerk of the court shall furnish a copy of the

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petition, financial affidavit, Uniform Child Custody Jurisdiction

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and Enforcement Act affidavit, if any, notice of hearing, and

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temporary injunction, if any, to the sheriff or a law enforcement

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agency of the county where the respondent resides or can be

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found, who shall serve it upon the respondent as soon thereafter

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as possible on any day of the week and at any time of the day or

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night. When requested by the sheriff, the clerk of court may

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transmit a facsimile copy of an injunction that has been

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certified by the clerk of court, and this facsimile copy may be

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served in the same manner as a certified copy. Upon receiving

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such a facsimile copy, the sheriff must verify receipt with the

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sender before attempting to serve it upon the respondent. In

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addition, if the sheriff is in possession of an injunction for

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protection that has been certified by the clerk of court, the

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sheriff may transmit a facsimile copy of that injunction to a law

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enforcement officer who shall serve it in the same manner as a

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certified copy. The clerk of the court shall be responsible for

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furnishing to the sheriff such information on the respondent's

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physical description and location as is required by the

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department to comply with the verification procedures set forth

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in this section. Notwithstanding any other provision of law to

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the contrary, the chief judge of each circuit, in consultation

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with the appropriate sheriff, may authorize a law enforcement

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agency within the jurisdiction to effect service. A law

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enforcement agency serving injunctions pursuant to this section

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shall use service and verification procedures consistent with

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those of the sheriff.

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     2.  When an injunction is issued, if the petitioner requests

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the assistance of a law enforcement agency, the court may order

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that an officer from the appropriate law enforcement agency

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accompany the petitioner and assist in placing the petitioner in

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possession of the dwelling or residence, or otherwise assist in

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the execution or service of the injunction. A law enforcement

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officer shall accept a copy of an injunction for protection

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against domestic violence, certified by the clerk of the court,

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from the petitioner and immediately serve it upon a respondent

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who has been located but not yet served.

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     3.  All orders issued, changed, continued, extended, or

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vacated subsequent to the original service of documents

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enumerated under subparagraph 1., shall be certified by the clerk

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of the court and delivered to the parties at the time of the

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entry of the order.  The parties may acknowledge receipt of such

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order in writing on the face of the original order.  In the event

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a party fails or refuses to acknowledge the receipt of a

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certified copy of an order, the clerk shall note on the original

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order that service was effected.  If delivery at the hearing is

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not possible, the clerk shall mail certified copies of the order

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to the parties at the last known address of each party.  Service

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by mail is complete upon mailing.  When an order is served

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pursuant to this subsection, the clerk shall prepare a written

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certification to be placed in the court file specifying the time,

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date, and method of service and shall notify the sheriff.

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If the respondent has been served previously with the temporary

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injunction and has failed to appear at the initial hearing on the

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temporary injunction, any subsequent petition for injunction

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seeking an extension of time may be served on the respondent by

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the clerk of the court by certified mail in lieu of personal

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service by a law enforcement officer.

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     Section 6.  Paragraph (a) of subsection (8) of section

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784.046, Florida Statutes, is amended to read:

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     784.046  Action by victim of repeat violence, sexual

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violence, or dating violence for protective injunction; powers

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and duties of court and clerk of court; filing and form of

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petition; notice and hearing; temporary injunction; issuance;

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statewide verification system; enforcement.--

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     (8)(a)1.  The clerk of the court shall furnish a copy of the

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petition, notice of hearing, and temporary injunction, if any, to

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the sheriff or a law enforcement agency of the county where the

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respondent resides or can be found, who shall serve it upon the

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respondent as soon thereafter as possible on any day of the week

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and at any time of the day or night. When requested by the

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sheriff, the clerk of court may transmit a facsimile copy of an

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injunction that has been certified by the clerk of court, and

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this facsimile copy may be served in the same manner as a

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certified copy. Upon receiving such a facsimile copy, the sheriff

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must verify receipt with the sender before attempting to serve it

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upon the respondent. In addition, if the sheriff is in possession

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of an injunction for protection that has been certified by the

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clerk of court, the sheriff may transmit a facsimile copy of that

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injunction to a law enforcement officer who shall serve it in the

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same manner as a certified copy. The clerk of the court shall be

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responsible for furnishing to the sheriff such information on the

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respondent's physical description and location as is required by

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the department to comply with the verification procedures set

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forth in this section. Notwithstanding any other provision of law

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to the contrary, the chief judge of each circuit, in consultation

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with the appropriate sheriff, may authorize a law enforcement

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agency within the chief judge's jurisdiction to effect this type

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of service and to receive a portion of the service fee. No person

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shall be authorized or permitted to serve or execute an

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injunction issued under this section unless the person is a law

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enforcement officer as defined in chapter 943.

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     2.  When an injunction is issued, if the petitioner requests

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the assistance of a law enforcement agency, the court may order

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that an officer from the appropriate law enforcement agency

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accompany the petitioner and assist in the execution or service

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of the injunction. A law enforcement officer shall accept a copy

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of an injunction for protection against repeat violence, sexual

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violence, or dating violence, certified by the clerk of the

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court, from the petitioner and immediately serve it upon a

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respondent who has been located but not yet served.

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     Section 7.  This act shall take effect October 1, 2008.