Amendment
Bill No. CS/CS/HB 113
Amendment No. 181511
CHAMBER ACTION
Senate House
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1Representative Frishe offered the following:
2
3     Amendment (with directory and title amendments)
4     Remove lines 87-380 and insert:
5     (4)  All fees collected under paragraphs (1)(a), (b), (c),
6and (d) shall be nonrefundable and shall be earned when each
7original request or service of process is made, and no
8additional fees shall be required for alias and pluries
9documents when service was not effected on the original document
10in that county by that sheriff.
11     (6)  Fees under this section chargeable to the state or its
12agencies shall be those fees that were effective under this
13section on June 30, 2009.
14     Section 2.  Subsection (1) of section 48.021, Florida
15Statutes, is amended to read:
16     48.021  Process; by whom served.--
17     (1)  All process shall be served by the sheriff of the
18county where the person to be served is found, except initial
19nonenforceable civil process, criminal witness subpoenas, and
20criminal summonses may be served by a special process server
21appointed by the sheriff as provided for in this section or by a
22certified process server as provided for in ss. 48.25-48.31.
23Civil witness subpoenas may be served by any person authorized
24by rules of civil procedure.
25     Section 3.  Subsection (2) of section 48.27, Florida
26Statutes, is amended to read:
27     48.27  Certified process servers.--
28     (2)(a)  The addition of a person's name to the list
29authorizes him or her to serve initial nonenforceable civil
30process on a person found within the circuit where the process
31server is certified when a civil action has been filed against
32such person in the circuit court or in a county court in the
33state. Upon filing an action in circuit or county court, a
34person may select from the list for the circuit where the
35process is to be served one or more certified process servers to
36serve initial nonenforceable civil process.
37     (b)  The addition of a person's name to the list authorizes
38him or her to serve criminal witness subpoenas and criminal
39summonses on a person found within the circuit where the process
40server is certified. The state in any proceeding or
41investigation by a grand jury or any party in a criminal action,
42prosecution, or proceeding may select from the list for the
43circuit where the process is to be served one or more certified
44process servers to serve the subpoena or summons.
45     Section 4.  Subsection (2) of section 56.041, Florida
46Statutes, is amended to read:
47     56.041  Executions; collection and return.--
48     (2)  All unsatisfied executions in the hands of the sheriff
49docketed before October 1, 2001, or 20 years after the date of
50issuance of final judgment upon which the execution was issued
51may be returned, to the court issuing the execution, 20 years
52after the date of issuance of final judgment upon which the
53execution was issued. Upon such return, the clerk of the court
54of issuance shall provide a receipt, to the sheriff submitting
55the return, acknowledging the return of the unsatisfied
56execution.
57     Section 5.  Section 56.21, Florida Statutes, is amended to
58read:
59     56.21  Execution sales; notice.--Notice of all sales under
60execution shall be given by advertisement once each week for 4
61successive weeks in a newspaper published in the county in which
62the sale is to take place. The time of such notice may be
63shortened in the discretion of the court from which the
64execution issued, upon affidavit that the property to be sold is
65subject to decay and will not sell for its full value if held
66until date of sale. On or before the date of the first
67publication or posting of the notice of sale, a copy of the
68notice of sale shall be furnished by the sheriff by certified
69mail to the attorney of record of the judgment debtor, or to the
70judgment debtor at the judgment debtor's last known address if
71the judgment debtor does not have an attorney of record. Such
72copy of the notice of sale shall be mailed even though a default
73judgment was entered. When levying upon real or personal
74property, a notice of such levy and execution sale and a copy of
75the affidavit required by s. 56.27(4) shall be sent by the
76sheriff to the attorneys of record of all judgment creditors and
77other lienholders, or to all judgment creditors and other
78lienholders who do not have an attorney of record, who have
79acquired a judgment lien as provided in s. 55.10(1) and (2), s.
8055.202, or s. 55.204(3), or s. 695.01, and whose liens have not
81lapsed at the time of levy, at the address listed in the
82judgment lien certificate or other recorded liens, or, if
83amended, in any amendment thereto to the judgment lien
84certificate, and to all secured creditors who have filed
85financing statements as provided in part V of chapter 679 in the
86name of the judgment debtor reflecting a security interest in
87property of the kind to be sold at the execution sale at the
88address listed in the financing statement, or, if amended, in
89any amendment to the financing statement. Such notice shall be
90made in the same manner as notice is made to any judgment debtor
91under this section. When levying upon real property, notice of
92such levy and execution sale and affidavit required by s.
9356.27(4) shall be made to the property owner of record in the
94same manner as notice is made to any judgment debtor pursuant to
95this section, and shall be made to each other person holding a
96mortgage or other lien against the real property as disclosed by
97the affidavit. When selling real or personal property, the sale
98date shall not be earlier than 30 days after the date of the
99first advertisement.
100     Section 6.  Subsections (1), (2), and (4) of section 56.27,
101Florida Statutes, are amended to read:
102     56.27  Executions; payment of money collected.--
103     (1)  All money received under executions shall be paid, in
104the order prescribed, to the following: the sheriff, for costs;
105the levying creditor in the amount of $500 as liquidated
106expenses; and if the levy is upon real property, the first
107priority lienholder under s. 55.10(1) and (2), s. 55.10; and if
108the levy is upon personal property, the first priority
109lienholder under s. 55.202, s. 55.204(3), or s. 55.208(2), as
110set forth in an affidavit required by subsection (4), or his or
111her attorney, in satisfaction of the judgment lien, if provided
112that the judgment lien has not lapsed at the time of the levy.
113The receipt of the attorney shall be a release of the officer
114paying the money to him or her. If When the name of more than
115one attorney appears in the court file, the money shall be paid
116to the attorney who originally commenced the action or who made
117the original defense unless the file shows that another attorney
118has been substituted.
119     (2)(a)  If When property sold under execution brings more
120than the amount needed to satisfy the provisions of subsection
121(1), the surplus shall be paid in the order of priority to any
122judgment lienholders whose judgment liens have not lapsed,
123unless the affidavit required by subsection (4) discloses that
124the property is also subject to any recorded mortgage, financing
125statement, tax warrant, or other lien, other than a judgment
126lien, which is junior in priority to the levying creditor's
127judgment lien. For the purpose of the sheriff's distribution of
128the surplus to judgment lienholders under this paragraph,
129priority of judgment liens on personal property shall be based
130on the effective date of the judgment lien acquired under s.
13155.202, s. 55.204(3), or s. 55.208(2), and priority of judgment
132liens on real property shall be based on the effective date of
133the judgment lien acquired under s. 55.10(1) and (2), as set
134forth in an affidavit required under subsection (4). If there is
135a surplus after all valid judgment liens and execution liens
136have been satisfied under this paragraph, the surplus must be
137paid to the owner of the property sold defendant.
138     (b)  If the affidavit required by subsection (4) discloses
139that the property is also subject to any recorded mortgage,
140financing statement, tax warrant, or other lien, other than a
141judgment lien, which is junior in priority to the levying
142creditor's judgment lien, any surplus from the sale of the
143property shall be paid over to the registry of the court from
144which the execution issued for further proceedings to determine
145the priority in which such surplus shall be distributed among
146judgment lienholders, other lienholders, and the owner of the
147property sold.
148     (4)  Before the date of the first publication or posting of
149the notice of sale provided for under s. 56.21, at the time of
150the levy request to the sheriff, the levying creditor shall
151deliver to the sheriff an affidavit setting forth all of the
152following as to the judgment debtor:
153     (a)  For a personal property levy, an attestation by that
154the levying creditor or the creditor's attorney of record that
155he or she has reviewed the database or judgment lien records
156established in accordance with ss. 55.201-55.209 and that the
157information contained in the affidavit based on that review is
158true and correct. For a real property levy in accordance with s.
15955.10(1) and (2), an attestation by the levying creditor or his
160or her attorney of record that he or she has reviewed the
161records of the clerk of the court of the county where the
162property is situated, or that he or she has performed a title
163search, and that the information contained in the affidavit,
164including a disclosure of all judgment liens, mortgages,
165financing statements, tax warrants, and other liens against the
166real property, based on that review or title search is true and
167correct.;
168     (b)  The information required under s. 55.203(1) and (2)
169for each judgment lien certificate indexed under the name of the
170judgment debtor as to each judgment creditor; the file number
171assigned to the record of the original and, if any, the second
172judgment lien; and the date of filing for each judgment lien
173certificate under s. 55.202 or s. 55.204(3). For each judgment
174lien recorded on real property, the information contained in the
175certified copy of recordation of lien under s. 55.10(1) and (2),
176and for each other lien recorded on real property, the name and
177address of the lienholder as shown in the copy of the recorded
178lien disclosed by the title search.; and
179     (c)  A statement that the levying creditor either does not
180have any other levy in process or, if another levy is in
181process, the levying creditor believes in good faith that the
182total value of the property under execution does not exceed the
183amount of outstanding judgments.
184     Section 7.  Paragraph (a) of subsection (8) of section
185741.30, Florida Statutes, is amended to read:
186     741.30  Domestic violence; injunction; powers and duties of
187court and clerk; petition; notice and hearing; temporary
188injunction; issuance of injunction; statewide verification
189system; enforcement.--
190     (8)(a)1.  The clerk of the court shall furnish a copy of
191the petition, financial affidavit, Uniform Child Custody
192Jurisdiction and Enforcement Act affidavit, if any, notice of
193hearing, and temporary injunction, if any, to the sheriff or a
194law enforcement agency of the county where the respondent
195resides or can be found, who shall serve it upon the respondent
196as soon thereafter as possible on any day of the week and at any
197time of the day or night. When requested by the sheriff, the
198clerk of the court may transmit a facsimile copy of an
199injunction that has been certified by the clerk of the court,
200and this facsimile copy may be served in the same manner as a
201certified copy. Upon receiving a facsimile copy, the sheriff
202must verify receipt with the sender before attempting to serve
203it upon the respondent. In addition, if the sheriff is in
204possession of an injunction for protection that has been
205certified by the clerk of the court, the sheriff may transmit a
206facsimile copy of that injunction to a law enforcement officer
207who shall serve it in the same manner as a certified copy. The
208clerk of the court shall be responsible for furnishing to the
209sheriff such information on the respondent's physical
210description and location as is required by the department to
211comply with the verification procedures set forth in this
212section. Notwithstanding any other provision of law to the
213contrary, the chief judge of each circuit, in consultation with
214the appropriate sheriff, may authorize a law enforcement agency
215within the jurisdiction to effect service. A law enforcement
216agency serving injunctions pursuant to this section shall use
217service and verification procedures consistent with those of the
218sheriff.
219     2.  When an injunction is issued, if the petitioner
220requests the assistance of a law enforcement agency, the court
221may order that an officer from the appropriate law enforcement
222agency accompany the petitioner and assist in placing the
223petitioner in possession of the dwelling or residence, or
224otherwise assist in the execution or service of the injunction.
225A law enforcement officer shall accept a copy of an injunction
226for protection against domestic violence, certified by the clerk
227of the court, from the petitioner and immediately serve it upon
228a respondent who has been located but not yet served.
229     3.  All orders issued, changed, continued, extended, or
230vacated subsequent to the original service of documents
231enumerated under subparagraph 1., shall be certified by the
232clerk of the court and delivered to the parties at the time of
233the entry of the order. The parties may acknowledge receipt of
234such order in writing on the face of the original order. In the
235event a party fails or refuses to acknowledge the receipt of a
236certified copy of an order, the clerk shall note on the original
237order that service was effected. If delivery at the hearing is
238not possible, the clerk shall mail certified copies of the order
239to the parties at the last known address of each party. Service
240by mail is complete upon mailing. When an order is served
241pursuant to this subsection, the clerk shall prepare a written
242certification to be placed in the court file specifying the
243time, date, and method of service and shall notify the sheriff.
244
245If the respondent has been served previously with the temporary
246injunction and has failed to appear at the initial hearing on
247the temporary injunction, any subsequent petition for injunction
248seeking an extension of time may be served on the respondent by
249the clerk of the court by certified mail in lieu of personal
250service by a law enforcement officer.
251     Section 8.  Paragraph (a) of subsection (8) and subsection
252(13) of section 784.046, Florida Statutes, are amended to read:
253     784.046  Action by victim of repeat violence, sexual
254violence, or dating violence for protective injunction; dating
255violence investigations, notice to victims, and reporting;
256pretrial release violations.--
257     (8)(a)1.  The clerk of the court shall furnish a copy of
258the petition, notice of hearing, and temporary injunction, if
259any, to the sheriff or a law enforcement agency of the county
260where the respondent resides or can be found, who shall serve it
261upon the respondent as soon thereafter as possible on any day of
262the week and at any time of the day or night. When requested by
263the sheriff, the clerk of the court may transmit a facsimile
264copy of an injunction that has been certified by the clerk of
265the court, and this facsimile copy may be served in the same
266manner as a certified copy. Upon receiving a facsimile copy, the
267sheriff must verify receipt with the sender before attempting to
268serve it upon the respondent. In addition, if the sheriff is in
269possession of an injunction for protection that has been
270certified by the clerk of the court, the sheriff may transmit a
271facsimile copy of that injunction to a law enforcement officer
272who shall serve it in the same manner as a certified copy. The
273clerk of the court shall be responsible for furnishing to the
274sheriff such information on the respondent's physical
275description and location as is required by the department to
276comply with the verification procedures set forth in this
277section. Notwithstanding any other provision of law to the
278contrary, the chief judge of each circuit, in consultation with
279the appropriate sheriff, may authorize a law enforcement agency
280within the chief judge's jurisdiction to effect this type of
281service and to receive a portion of the service fee. No person
282shall be authorized or permitted to serve or execute an
283injunction issued under this section unless the person is a law
284enforcement officer as defined in chapter 943.
285     2.  When an injunction is issued, if the petitioner
286requests the assistance of a law enforcement agency, the court
287may order that an officer from the appropriate law enforcement
288agency accompany the petitioner and assist in the execution or
289service of the injunction. A law enforcement officer shall
290accept a copy of an injunction for protection against repeat
291violence, sexual violence, or dating violence, certified by the
292clerk of the court, from the petitioner and immediately serve it
293upon a respondent who has been located but not yet served.
294     (13)  Whenever a law enforcement officer determines upon
295probable cause that an act of dating violence has been committed
296within the jurisdiction, or that a person has violated a
297condition of pretrial release as provided in s. 903.047 and the
298original arrest was for an act of dating violence, the officer
299may arrest the person or persons suspected of its commission and
300charge such person or persons with the appropriate crime. The
301decision to arrest and charge shall not require consent of the
302victim or consideration of the relationship of the parties.
303     Section 9.  Subsection (13) of section 901.15, Florida
304Statutes, is amended to read:
305     901.15  When arrest by officer without warrant is
306lawful.--A law enforcement officer may arrest a person without a
307warrant when:
308     (13)  There is probable cause to believe that the person
309has committed an act that violates a condition of pretrial
310release provided in s. 903.047 when the original arrest was for
311an act of domestic violence as defined in s. 741.28, or when the
312original arrest was for an act of dating violence as defined in
313s. 784.046.
314
315
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316
D I R E C T O R Y  A M E N D M E N T
317     Remove lines 42-43 and insert:
318     Section 1.  Subsections (1) and (4) of section 30.231,
319Florida Statutes, are amended, and subsection (6) is added to
320that section, to read:
321
322
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323
T I T L E  A M E N D M E N T
324     Remove lines 2-38 and insert:
325An act relating to service of process; amending s. 30.231,
326F.S.; increasing the fees charged by the sheriff in civil
327cases for service of process; deleting a prohibition on
328additional fees for certain documents; exempting the state
329and its agencies from increased fees or additional fees
330required for alias and pluries; amending s. 48.021, F.S.;
331providing that criminal witness subpoenas and criminal
332summonses may be served by a special process server
333appointed by the local sheriff or by a certified process
334server; amending s. 48.27, F.S.; providing for the
335selection of authorized certified process servers to serve
336such subpoenas and summonses; amending s. 56.041, F.S.;
337providing that all unsatisfied executions in the
338possession of the sheriff docketed before October 1, 2001,
339may be returned to the issuing court; amending s. 56.21,
340F.S.; requiring the submission of an affidavit before
341levying a judgment upon real property; requiring the
342sheriff to furnish to the judgment debtor or lienholder,
343or the debtor's or lienholder's attorney of record, a copy
344of the notice of sale, notice of levy, and affidavit
345within a specified period before execution of a sale or
346levy; amending s. 56.27, F.S.; requiring that priority of
347liens on real property be based on the effective date of
348the judgment lien for a specified purpose, unless an
349affidavit discloses that the property is subject to a
350recorded mortgage, financing statement, tax warrant, or
351other lien that is junior in priority to the judgment
352lien; requiring a levying creditor to deliver the
353affidavit to the sheriff at the time of the levy request
354setting forth certain information and attestations;
355requiring certain information to be contained in the
356certified copy of recordation of lien; amending ss. 741.30
357and 784.046, F.S., relating to service of process in cases
358of domestic violence or sexual abuse; authorizing clerks
359of the court to transmit facsimile copies of previously
360certified injunctions to sheriffs upon request; requiring
361sheriffs to verify receipt of facsimile copies of
362injunctions with clerks of the court before attempting
363service; authorizing law enforcement officers to serve
364facsimile copies of injunctions in the same manner as
365certified copies; authorizing a law enforcement officer to
366arrest a person suspected of violating a condition of
367pretrial release if the original arrest was for an act of
368dating violence; amending s. 901.15, F.S.; conforming
369provisions to changes made by the act; providing an
370effective date.


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