CS/HB 209

1
A bill to be entitled
2An act relating to service of process; amending s. 48.021,
3F.S.; providing that criminal witness subpoenas and
4criminal summonses may be served by a special process
5server appointed by the local sheriff or by a certified
6process server; amending s. 48.27, F.S.; providing for
7selection of authorized certified process servers to serve
8such subpoenas and summonses; amending s. 56.041, F.S.;
9providing that all unsatisfied executions in the
10possession of the sheriff docketed before October 1, 2001,
11may be returned to the issuing court; amending s. 56.21,
12F.S.; requiring the submission of an affidavit before
13levying a judgment upon real property; requiring the
14sheriff to furnish to the judgment debtor or the debtor's
15attorney of record a copy of the notice of sale, notice of
16levy, and affidavit within a specified period before
17execution of a sale or levy; amending s. 56.27, F.S.;
18requiring that priority of liens on real property be based
19on the effective date of the judgment lien for a specified
20purpose; requiring a levying creditor to deliver to the
21sheriff at the time of the levy request an affidavit
22setting forth certain information and attestations;
23amending ss. 741.30 and 784.046, F.S., relating to service
24of process in cases of domestic violence or sexual abuse;
25authorizing clerks of court to transmit facsimile copies
26of previously certified injunctions to sheriffs upon
27request; requiring sheriffs to verify receipt of facsimile
28copies of injunctions with clerks of court before
29attempting service; authorizing law enforcement officers
30to serve facsimile copies of injunctions in the same
31manner as certified copies; providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Subsection (1) of section 48.021, Florida
36Statutes, is amended to read:
37     48.021  Process; by whom served.--
38     (1)  All process shall be served by the sheriff of the
39county where the person to be served is found, except initial
40nonenforceable civil process, criminal witness subpoenas, and
41criminal summonses may be served by a special process server
42appointed by the sheriff as provided for in this section or by a
43certified process server as provided for in ss. 48.25-48.31.
44Civil witness subpoenas may be served by any person authorized
45by rules of civil procedure.
46     Section 2.  Subsection (2) of section 48.27, Florida
47Statutes, is amended to read:
48     48.27  Certified process servers.--
49     (2)(a)  The addition of a person's name to the list
50authorizes him or her to serve initial nonenforceable civil
51process on a person found within the circuit where the process
52server is certified when a civil action has been filed against
53such person in the circuit court or in a county court in the
54state. Upon filing an action in circuit or county court, a
55person may select from the list for the circuit where the
56process is to be served one or more certified process servers to
57serve initial nonenforceable civil process.
58     (b)  The addition of a person's name to the list authorizes
59him or her to serve criminal witness subpoenas and criminal
60summonses on a person found within the circuit where the process
61server is certified. The state in any proceeding or
62investigation by a grand jury or any party in a criminal action,
63prosecution, or proceeding may select from the list for the
64circuit where the process is to be served one or more certified
65process servers to serve the subpoena or summons.
66     Section 3.  Subsection (2) of section 56.041, Florida
67Statutes, is amended to read:
68     56.041  Executions; collection and return.--
69     (2)  All unsatisfied executions in the hands of the sheriff
70docketed before October 1, 2001, or 20 years after the date of
71issuance of final judgment upon which the execution was issued
72may be returned, to the court issuing the execution, 20 years
73after the date of issuance of final judgment upon which the
74execution was issued. Upon such return, the clerk of the court
75of issuance shall provide a receipt, to the sheriff submitting
76the return, acknowledging the return of the unsatisfied
77execution.
78     Section 4.  Section 56.21, Florida Statutes, is amended to
79read:
80     56.21  Execution sales; notice.--Notice of all sales under
81execution shall be given by advertisement once each week for 4
82successive weeks in a newspaper published in the county in which
83the sale is to take place. The time of such notice may be
84shortened in the discretion of the court from which the
85execution issued, upon affidavit that the property to be sold is
86subject to decay and will not sell for its full value if held
87until date of sale. On or before the date of the first
88publication or posting of the notice of sale, a copy of the
89notice of sale shall be furnished by the sheriff by certified
90mail to the attorney of record of the judgment debtor, or to the
91judgment debtor at the judgment debtor's last known address if
92the judgment debtor does not have an attorney of record. Such
93copy of the notice of sale shall be mailed even though a default
94judgment was entered. When levying upon real or personal
95property, a notice of such levy and execution sale and a copy of
96the affidavit required by s. 56.27(4) shall be sent by the
97sheriff to the attorneys of record of all judgment creditors, or
98to all judgment creditors who do not have an attorney of record,
99who have acquired a judgment lien as provided in s. 55.10(1) and
100(2), s. 55.202, or s. 55.204(3), and whose liens have not lapsed
101at the time of levy, at the address listed in the judgment lien
102certificate, or, if amended, in any amendment to the judgment
103lien certificate, and to all secured creditors who have filed
104financing statements as provided in part V of chapter 679 in the
105name of the judgment debtor reflecting a security interest in
106property of the kind to be sold at the execution sale at the
107address listed in the financing statement, or, if amended, in
108any amendment to the financing statement. Such notice shall be
109made in the same manner as notice is made to any judgment debtor
110under this section. When levying upon real property, notice of
111such levy and execution sale and affidavit required by s.
11256.27(4) shall be made to the property owner of record in the
113same manner as notice is made to any judgment debtor pursuant to
114this section. When selling real or personal property, the sale
115date shall not be earlier than 30 days after the date of the
116first advertisement.
117     Section 5.  Subsections (1), (2), and (4) of section 56.27,
118Florida Statutes, are amended to read:
119     56.27  Executions; payment of money collected.--
120     (1)  All money received under executions shall be paid, in
121the order prescribed, to the following: the sheriff, for costs;
122the levying creditor in the amount of $500 as liquidated
123expenses; and if the levy is upon real property, the first
124priority lienholder under s. 55.10(1) and (2), s. 55.10; and if
125the levy is upon personal property, the first priority
126lienholder under s. 55.202, s. 55.204(3), or s. 55.208(2), as
127set forth in an affidavit required by subsection (4), or his or
128her attorney, in satisfaction of the judgment lien, if provided
129that the judgment lien has not lapsed at the time of the levy.
130The receipt of the attorney shall be a release of the officer
131paying the money to him or her. If When the name of more than
132one attorney appears in the court file, the money shall be paid
133to the attorney who originally commenced the action or who made
134the original defense unless the file shows that another attorney
135has been substituted.
136     (2)  If When property sold under execution brings more than
137the amount needed to satisfy the provisions of subsection (1),
138the surplus shall be paid in the order of priority to any
139judgment lienholders whose judgment liens have not lapsed. For
140the purpose of the sheriff's distribution of the surplus to
141judgment lienholders under this subsection:
142     (a)  Priority of liens on personal property shall be based
143on the effective date of the judgment lien acquired under s.
14455.202, s. 55.204(3), or s. 55.208(2), as set forth in an
145affidavit required under subsection (4).
146     (b)  Priority of liens on real property shall be based on
147the effective date of the judgment lien acquired under s.
14855.10(1) and (2), as set forth in an affidavit required under
149subsection (4).
150
151If there is a surplus after all valid judgment liens and
152execution liens have been satisfied, the surplus must be paid to
153the owner of the property sold defendant.
154     (4)  Before the date of the first publication or posting of
155the notice of sale provided for under s. 56.21, at the time of
156the levy request to the sheriff, the levying creditor shall
157deliver to the sheriff an affidavit setting forth all of the
158following as to the judgment debtor:
159     (a)  For a personal property levy, an attestation by that
160the levying creditor or the creditor's attorney of record that
161he or she has reviewed the database or judgment lien records
162established in accordance with ss. 55.201-55.209 and that the
163information contained in the affidavit based on that review is
164true and correct. For real property levy in accordance with s.
16555.10(1) and (2), an attestation by the levying creditor or his
166or her attorney of record that he or she has reviewed the
167records of the clerk of court of the county where the property
168is situated, or that he or she has performed a title search, and
169that the information contained in the affidavit based on that
170review or title search is true and correct.;
171     (b)  The information required under s. 55.203(1) and (2)
172for each judgment lien certificate indexed under the name of the
173judgment debtor as to each judgment creditor; the file number
174assigned to the record of the original and, if any, the second
175judgment lien; and the date of filing for each judgment lien
176certificate under s. 55.202 or s. 55.204(3). For real property,
177the information contained in the certified copy of recordation
178of lien pursuant to s. 55.10(1) and (2) for each lien recorded
179on real property.; and
180     (c)  A statement that the levying creditor either does not
181have any other levy in process or, if another levy is in
182process, the levying creditor believes in good faith that the
183total value of the property under execution does not exceed the
184amount of outstanding judgments.
185     Section 6.  Paragraph (a) of subsection (8) of section
186741.30, Florida Statutes, is amended to read:
187     741.30  Domestic violence; injunction; powers and duties of
188court and clerk; petition; notice and hearing; temporary
189injunction; issuance of injunction; statewide verification
190system; enforcement.--
191     (8)(a)1.  The clerk of the court shall furnish a copy of
192the petition, financial affidavit, Uniform Child Custody
193Jurisdiction and Enforcement Act affidavit, if any, notice of
194hearing, and temporary injunction, if any, to the sheriff or a
195law enforcement agency of the county where the respondent
196resides or can be found, who shall serve it upon the respondent
197as soon thereafter as possible on any day of the week and at any
198time of the day or night. When requested by the sheriff, the
199clerk of court may transmit a facsimile copy of an injunction
200that has been certified by the clerk of court, and this
201facsimile copy may be served in the same manner as a certified
202copy. Upon receiving such a facsimile copy, the sheriff must
203verify receipt with the sender before attempting to serve it
204upon the respondent. In addition, if the sheriff is in
205possession of an injunction for protection that has been
206certified by the clerk of court, the sheriff may transmit a
207facsimile copy of that injunction to a law enforcement officer
208who shall serve it in the same manner as a certified copy. The
209clerk of the court shall be responsible for furnishing to the
210sheriff such information on the respondent's physical
211description and location as is required by the department to
212comply with the verification procedures set forth in this
213section. Notwithstanding any other provision of law to the
214contrary, the chief judge of each circuit, in consultation with
215the appropriate sheriff, may authorize a law enforcement agency
216within the jurisdiction to effect service. A law enforcement
217agency serving injunctions pursuant to this section shall use
218service and verification procedures consistent with those of the
219sheriff.
220     2.  When an injunction is issued, if the petitioner
221requests the assistance of a law enforcement agency, the court
222may order that an officer from the appropriate law enforcement
223agency accompany the petitioner and assist in placing the
224petitioner in possession of the dwelling or residence, or
225otherwise assist in the execution or service of the injunction.
226A law enforcement officer shall accept a copy of an injunction
227for protection against domestic violence, certified by the clerk
228of the court, from the petitioner and immediately serve it upon
229a respondent who has been located but not yet served.
230     3.  All orders issued, changed, continued, extended, or
231vacated subsequent to the original service of documents
232enumerated under subparagraph 1., shall be certified by the
233clerk of the court and delivered to the parties at the time of
234the entry of the order. The parties may acknowledge receipt of
235such order in writing on the face of the original order. In the
236event a party fails or refuses to acknowledge the receipt of a
237certified copy of an order, the clerk shall note on the original
238order that service was effected. If delivery at the hearing is
239not possible, the clerk shall mail certified copies of the order
240to the parties at the last known address of each party. Service
241by mail is complete upon mailing. When an order is served
242pursuant to this subsection, the clerk shall prepare a written
243certification to be placed in the court file specifying the
244time, date, and method of service and shall notify the sheriff.
245
246If the respondent has been served previously with the temporary
247injunction and has failed to appear at the initial hearing on
248the temporary injunction, any subsequent petition for injunction
249seeking an extension of time may be served on the respondent by
250the clerk of the court by certified mail in lieu of personal
251service by a law enforcement officer.
252     Section 7.  Paragraph (a) of subsection (8) of section
253784.046, Florida Statutes, is amended to read:
254     784.046  Action by victim of repeat violence, sexual
255violence, or dating violence for protective injunction; powers
256and duties of court and clerk of court; filing and form of
257petition; notice and hearing; temporary injunction; issuance;
258statewide verification system; enforcement.--
259     (8)(a)1.  The clerk of the court shall furnish a copy of
260the petition, notice of hearing, and temporary injunction, if
261any, to the sheriff or a law enforcement agency of the county
262where the respondent resides or can be found, who shall serve it
263upon the respondent as soon thereafter as possible on any day of
264the week and at any time of the day or night. When requested by
265the sheriff, the clerk of court may transmit a facsimile copy of
266an injunction that has been certified by the clerk of court, and
267this facsimile copy may be served in the same manner as a
268certified copy. Upon receiving such a facsimile copy, the
269sheriff must verify receipt with the sender before attempting to
270serve it upon the respondent. In addition, if the sheriff is in
271possession of an injunction for protection that has been
272certified by the clerk of court, the sheriff may transmit a
273facsimile copy of that injunction to a law enforcement officer
274who shall serve it in the same manner as a certified copy. The
275clerk of the court shall be responsible for furnishing to the
276sheriff such information on the respondent's physical
277description and location as is required by the department to
278comply with the verification procedures set forth in this
279section. Notwithstanding any other provision of law to the
280contrary, the chief judge of each circuit, in consultation with
281the appropriate sheriff, may authorize a law enforcement agency
282within the chief judge's jurisdiction to effect this type of
283service and to receive a portion of the service fee. No person
284shall be authorized or permitted to serve or execute an
285injunction issued under this section unless the person is a law
286enforcement officer as defined in chapter 943.
287     2.  When an injunction is issued, if the petitioner
288requests the assistance of a law enforcement agency, the court
289may order that an officer from the appropriate law enforcement
290agency accompany the petitioner and assist in the execution or
291service of the injunction. A law enforcement officer shall
292accept a copy of an injunction for protection against repeat
293violence, sexual violence, or dating violence, certified by the
294clerk of the court, from the petitioner and immediately serve it
295upon a respondent who has been located but not yet served.
296     Section 8.  This act shall take effect July 1, 2008.


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