| 1 | Representative Frishe offered the following: |
| 2 |
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| 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), |
| 6 | and (d) shall be nonrefundable and shall be earned when each |
| 7 | original request or service of process is made, and no |
| 8 | additional fees shall be required for alias and pluries |
| 9 | documents when service was not effected on the original document |
| 10 | in that county by that sheriff. |
| 11 | (6) Fees under this section chargeable to the state or its |
| 12 | agencies shall be those fees that were effective under this |
| 13 | section on June 30, 2009. |
| 14 | Section 2. Subsection (1) of section 48.021, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 48.021 Process; by whom served.-- |
| 17 | (1) All process shall be served by the sheriff of the |
| 18 | county where the person to be served is found, except initial |
| 19 | nonenforceable civil process, criminal witness subpoenas, and |
| 20 | criminal summonses may be served by a special process server |
| 21 | appointed by the sheriff as provided for in this section or by a |
| 22 | certified process server as provided for in ss. 48.25-48.31. |
| 23 | Civil witness subpoenas may be served by any person authorized |
| 24 | by rules of civil procedure. |
| 25 | Section 3. Subsection (2) of section 48.27, Florida |
| 26 | Statutes, is amended to read: |
| 27 | 48.27 Certified process servers.-- |
| 28 | (2)(a) The addition of a person's name to the list |
| 29 | authorizes him or her to serve initial nonenforceable civil |
| 30 | process on a person found within the circuit where the process |
| 31 | server is certified when a civil action has been filed against |
| 32 | such person in the circuit court or in a county court in the |
| 33 | state. Upon filing an action in circuit or county court, a |
| 34 | person may select from the list for the circuit where the |
| 35 | process is to be served one or more certified process servers to |
| 36 | serve initial nonenforceable civil process. |
| 37 | (b) The addition of a person's name to the list authorizes |
| 38 | him or her to serve criminal witness subpoenas and criminal |
| 39 | summonses on a person found within the circuit where the process |
| 40 | server is certified. The state in any proceeding or |
| 41 | investigation by a grand jury or any party in a criminal action, |
| 42 | prosecution, or proceeding may select from the list for the |
| 43 | circuit where the process is to be served one or more certified |
| 44 | process servers to serve the subpoena or summons. |
| 45 | Section 4. Subsection (2) of section 56.041, Florida |
| 46 | Statutes, is amended to read: |
| 47 | 56.041 Executions; collection and return.-- |
| 48 | (2) All unsatisfied executions in the hands of the sheriff |
| 49 | docketed before October 1, 2001, or 20 years after the date of |
| 50 | issuance of final judgment upon which the execution was issued |
| 51 | may be returned, to the court issuing the execution, 20 years |
| 52 | after the date of issuance of final judgment upon which the |
| 53 | execution was issued. Upon such return, the clerk of the court |
| 54 | of issuance shall provide a receipt, to the sheriff submitting |
| 55 | the return, acknowledging the return of the unsatisfied |
| 56 | execution. |
| 57 | Section 5. Section 56.21, Florida Statutes, is amended to |
| 58 | read: |
| 59 | 56.21 Execution sales; notice.--Notice of all sales under |
| 60 | execution shall be given by advertisement once each week for 4 |
| 61 | successive weeks in a newspaper published in the county in which |
| 62 | the sale is to take place. The time of such notice may be |
| 63 | shortened in the discretion of the court from which the |
| 64 | execution issued, upon affidavit that the property to be sold is |
| 65 | subject to decay and will not sell for its full value if held |
| 66 | until date of sale. On or before the date of the first |
| 67 | publication or posting of the notice of sale, a copy of the |
| 68 | notice of sale shall be furnished by the sheriff by certified |
| 69 | mail to the attorney of record of the judgment debtor, or to the |
| 70 | judgment debtor at the judgment debtor's last known address if |
| 71 | the judgment debtor does not have an attorney of record. Such |
| 72 | copy of the notice of sale shall be mailed even though a default |
| 73 | judgment was entered. When levying upon real or personal |
| 74 | property, a notice of such levy and execution sale and a copy of |
| 75 | the affidavit required by s. 56.27(4) shall be sent by the |
| 76 | sheriff to the attorneys of record of all judgment creditors and |
| 77 | other lienholders, or to all judgment creditors and other |
| 78 | lienholders who do not have an attorney of record, who have |
| 79 | acquired a judgment lien as provided in s. 55.10(1) and (2), s. |
| 80 | 55.202, or s. 55.204(3), or s. 695.01, and whose liens have not |
| 81 | lapsed at the time of levy, at the address listed in the |
| 82 | judgment lien certificate or other recorded liens, or, if |
| 83 | amended, in any amendment thereto to the judgment lien |
| 84 | certificate, and to all secured creditors who have filed |
| 85 | financing statements as provided in part V of chapter 679 in the |
| 86 | name of the judgment debtor reflecting a security interest in |
| 87 | property of the kind to be sold at the execution sale at the |
| 88 | address listed in the financing statement, or, if amended, in |
| 89 | any amendment to the financing statement. Such notice shall be |
| 90 | made in the same manner as notice is made to any judgment debtor |
| 91 | under this section. When levying upon real property, notice of |
| 92 | such levy and execution sale and affidavit required by s. |
| 93 | 56.27(4) shall be made to the property owner of record in the |
| 94 | same manner as notice is made to any judgment debtor pursuant to |
| 95 | this section, and shall be made to each other person holding a |
| 96 | mortgage or other lien against the real property as disclosed by |
| 97 | the affidavit. When selling real or personal property, the sale |
| 98 | date shall not be earlier than 30 days after the date of the |
| 99 | first advertisement. |
| 100 | Section 6. Subsections (1), (2), and (4) of section 56.27, |
| 101 | Florida Statutes, are amended to read: |
| 102 | 56.27 Executions; payment of money collected.-- |
| 103 | (1) All money received under executions shall be paid, in |
| 104 | the order prescribed, to the following: the sheriff, for costs; |
| 105 | the levying creditor in the amount of $500 as liquidated |
| 106 | expenses; and if the levy is upon real property, the first |
| 107 | priority lienholder under s. 55.10(1) and (2), s. 55.10; and if |
| 108 | the levy is upon personal property, the first priority |
| 109 | lienholder under s. 55.202, s. 55.204(3), or s. 55.208(2), as |
| 110 | set forth in an affidavit required by subsection (4), or his or |
| 111 | her attorney, in satisfaction of the judgment lien, if provided |
| 112 | that the judgment lien has not lapsed at the time of the levy. |
| 113 | The receipt of the attorney shall be a release of the officer |
| 114 | paying the money to him or her. If When the name of more than |
| 115 | one attorney appears in the court file, the money shall be paid |
| 116 | to the attorney who originally commenced the action or who made |
| 117 | the original defense unless the file shows that another attorney |
| 118 | has been substituted. |
| 119 | (2)(a) If When property sold under execution brings more |
| 120 | than the amount needed to satisfy the provisions of subsection |
| 121 | (1), the surplus shall be paid in the order of priority to any |
| 122 | judgment lienholders whose judgment liens have not lapsed, |
| 123 | unless the affidavit required by subsection (4) discloses that |
| 124 | the property is also subject to any recorded mortgage, financing |
| 125 | statement, tax warrant, or other lien, other than a judgment |
| 126 | lien, which is junior in priority to the levying creditor's |
| 127 | judgment lien. For the purpose of the sheriff's distribution of |
| 128 | the surplus to judgment lienholders under this paragraph, |
| 129 | priority of judgment liens on personal property shall be based |
| 130 | on the effective date of the judgment lien acquired under s. |
| 131 | 55.202, s. 55.204(3), or s. 55.208(2), and priority of judgment |
| 132 | liens on real property shall be based on the effective date of |
| 133 | the judgment lien acquired under s. 55.10(1) and (2), as set |
| 134 | forth in an affidavit required under subsection (4). If there is |
| 135 | a surplus after all valid judgment liens and execution liens |
| 136 | have been satisfied under this paragraph, the surplus must be |
| 137 | paid to the owner of the property sold defendant. |
| 138 | (b) If the affidavit required by subsection (4) discloses |
| 139 | that the property is also subject to any recorded mortgage, |
| 140 | financing statement, tax warrant, or other lien, other than a |
| 141 | judgment lien, which is junior in priority to the levying |
| 142 | creditor's judgment lien, any surplus from the sale of the |
| 143 | property shall be paid over to the registry of the court from |
| 144 | which the execution issued for further proceedings to determine |
| 145 | the priority in which such surplus shall be distributed among |
| 146 | judgment lienholders, other lienholders, and the owner of the |
| 147 | property sold. |
| 148 | (4) Before the date of the first publication or posting of |
| 149 | the notice of sale provided for under s. 56.21, at the time of |
| 150 | the levy request to the sheriff, the levying creditor shall |
| 151 | deliver to the sheriff an affidavit setting forth all of the |
| 152 | following as to the judgment debtor: |
| 153 | (a) For a personal property levy, an attestation by that |
| 154 | the levying creditor or the creditor's attorney of record that |
| 155 | he or she has reviewed the database or judgment lien records |
| 156 | established in accordance with ss. 55.201-55.209 and that the |
| 157 | information contained in the affidavit based on that review is |
| 158 | true and correct. For a real property levy in accordance with s. |
| 159 | 55.10(1) and (2), an attestation by the levying creditor or his |
| 160 | or her attorney of record that he or she has reviewed the |
| 161 | records of the clerk of the court of the county where the |
| 162 | property is situated, or that he or she has performed a title |
| 163 | search, and that the information contained in the affidavit, |
| 164 | including a disclosure of all judgment liens, mortgages, |
| 165 | financing statements, tax warrants, and other liens against the |
| 166 | real property, based on that review or title search is true and |
| 167 | correct.; |
| 168 | (b) The information required under s. 55.203(1) and (2) |
| 169 | for each judgment lien certificate indexed under the name of the |
| 170 | judgment debtor as to each judgment creditor; the file number |
| 171 | assigned to the record of the original and, if any, the second |
| 172 | judgment lien; and the date of filing for each judgment lien |
| 173 | certificate under s. 55.202 or s. 55.204(3). For each judgment |
| 174 | lien recorded on real property, the information contained in the |
| 175 | certified copy of recordation of lien under s. 55.10(1) and (2), |
| 176 | and for each other lien recorded on real property, the name and |
| 177 | address of the lienholder as shown in the copy of the recorded |
| 178 | lien disclosed by the title search.; and |
| 179 | (c) A statement that the levying creditor either does not |
| 180 | have any other levy in process or, if another levy is in |
| 181 | process, the levying creditor believes in good faith that the |
| 182 | total value of the property under execution does not exceed the |
| 183 | amount of outstanding judgments. |
| 184 | Section 7. Paragraph (a) of subsection (8) of section |
| 185 | 741.30, Florida Statutes, is amended to read: |
| 186 | 741.30 Domestic violence; injunction; powers and duties of |
| 187 | court and clerk; petition; notice and hearing; temporary |
| 188 | injunction; issuance of injunction; statewide verification |
| 189 | system; enforcement.-- |
| 190 | (8)(a)1. The clerk of the court shall furnish a copy of |
| 191 | the petition, financial affidavit, Uniform Child Custody |
| 192 | Jurisdiction and Enforcement Act affidavit, if any, notice of |
| 193 | hearing, and temporary injunction, if any, to the sheriff or a |
| 194 | law enforcement agency of the county where the respondent |
| 195 | resides or can be found, who shall serve it upon the respondent |
| 196 | as soon thereafter as possible on any day of the week and at any |
| 197 | time of the day or night. When requested by the sheriff, the |
| 198 | clerk of the court may transmit a facsimile copy of an |
| 199 | injunction that has been certified by the clerk of the court, |
| 200 | and this facsimile copy may be served in the same manner as a |
| 201 | certified copy. Upon receiving a facsimile copy, the sheriff |
| 202 | must verify receipt with the sender before attempting to serve |
| 203 | it upon the respondent. In addition, if the sheriff is in |
| 204 | possession of an injunction for protection that has been |
| 205 | certified by the clerk of the court, the sheriff may transmit a |
| 206 | facsimile copy of that injunction to a law enforcement officer |
| 207 | who shall serve it in the same manner as a certified copy. The |
| 208 | clerk of the court shall be responsible for furnishing to the |
| 209 | sheriff such information on the respondent's physical |
| 210 | description and location as is required by the department to |
| 211 | comply with the verification procedures set forth in this |
| 212 | section. Notwithstanding any other provision of law to the |
| 213 | contrary, the chief judge of each circuit, in consultation with |
| 214 | the appropriate sheriff, may authorize a law enforcement agency |
| 215 | within the jurisdiction to effect service. A law enforcement |
| 216 | agency serving injunctions pursuant to this section shall use |
| 217 | service and verification procedures consistent with those of the |
| 218 | sheriff. |
| 219 | 2. When an injunction is issued, if the petitioner |
| 220 | requests the assistance of a law enforcement agency, the court |
| 221 | may order that an officer from the appropriate law enforcement |
| 222 | agency accompany the petitioner and assist in placing the |
| 223 | petitioner in possession of the dwelling or residence, or |
| 224 | otherwise assist in the execution or service of the injunction. |
| 225 | A law enforcement officer shall accept a copy of an injunction |
| 226 | for protection against domestic violence, certified by the clerk |
| 227 | of the court, from the petitioner and immediately serve it upon |
| 228 | a respondent who has been located but not yet served. |
| 229 | 3. All orders issued, changed, continued, extended, or |
| 230 | vacated subsequent to the original service of documents |
| 231 | enumerated under subparagraph 1., shall be certified by the |
| 232 | clerk of the court and delivered to the parties at the time of |
| 233 | the entry of the order. The parties may acknowledge receipt of |
| 234 | such order in writing on the face of the original order. In the |
| 235 | event a party fails or refuses to acknowledge the receipt of a |
| 236 | certified copy of an order, the clerk shall note on the original |
| 237 | order that service was effected. If delivery at the hearing is |
| 238 | not possible, the clerk shall mail certified copies of the order |
| 239 | to the parties at the last known address of each party. Service |
| 240 | by mail is complete upon mailing. When an order is served |
| 241 | pursuant to this subsection, the clerk shall prepare a written |
| 242 | certification to be placed in the court file specifying the |
| 243 | time, date, and method of service and shall notify the sheriff. |
| 244 |
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| 245 | If the respondent has been served previously with the temporary |
| 246 | injunction and has failed to appear at the initial hearing on |
| 247 | the temporary injunction, any subsequent petition for injunction |
| 248 | seeking an extension of time may be served on the respondent by |
| 249 | the clerk of the court by certified mail in lieu of personal |
| 250 | service 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 |
| 254 | violence, or dating violence for protective injunction; dating |
| 255 | violence investigations, notice to victims, and reporting; |
| 256 | pretrial release violations.-- |
| 257 | (8)(a)1. The clerk of the court shall furnish a copy of |
| 258 | the petition, notice of hearing, and temporary injunction, if |
| 259 | any, to the sheriff or a law enforcement agency of the county |
| 260 | where the respondent resides or can be found, who shall serve it |
| 261 | upon the respondent as soon thereafter as possible on any day of |
| 262 | the week and at any time of the day or night. When requested by |
| 263 | the sheriff, the clerk of the court may transmit a facsimile |
| 264 | copy of an injunction that has been certified by the clerk of |
| 265 | the court, and this facsimile copy may be served in the same |
| 266 | manner as a certified copy. Upon receiving a facsimile copy, the |
| 267 | sheriff must verify receipt with the sender before attempting to |
| 268 | serve it upon the respondent. In addition, if the sheriff is in |
| 269 | possession of an injunction for protection that has been |
| 270 | certified by the clerk of the court, the sheriff may transmit a |
| 271 | facsimile copy of that injunction to a law enforcement officer |
| 272 | who shall serve it in the same manner as a certified copy. The |
| 273 | clerk of the court shall be responsible for furnishing to the |
| 274 | sheriff such information on the respondent's physical |
| 275 | description and location as is required by the department to |
| 276 | comply with the verification procedures set forth in this |
| 277 | section. Notwithstanding any other provision of law to the |
| 278 | contrary, the chief judge of each circuit, in consultation with |
| 279 | the appropriate sheriff, may authorize a law enforcement agency |
| 280 | within the chief judge's jurisdiction to effect this type of |
| 281 | service and to receive a portion of the service fee. No person |
| 282 | shall be authorized or permitted to serve or execute an |
| 283 | injunction issued under this section unless the person is a law |
| 284 | enforcement officer as defined in chapter 943. |
| 285 | 2. When an injunction is issued, if the petitioner |
| 286 | requests the assistance of a law enforcement agency, the court |
| 287 | may order that an officer from the appropriate law enforcement |
| 288 | agency accompany the petitioner and assist in the execution or |
| 289 | service of the injunction. A law enforcement officer shall |
| 290 | accept a copy of an injunction for protection against repeat |
| 291 | violence, sexual violence, or dating violence, certified by the |
| 292 | clerk of the court, from the petitioner and immediately serve it |
| 293 | upon a respondent who has been located but not yet served. |
| 294 | (13) Whenever a law enforcement officer determines upon |
| 295 | probable cause that an act of dating violence has been committed |
| 296 | within the jurisdiction, or that a person has violated a |
| 297 | condition of pretrial release as provided in s. 903.047 and the |
| 298 | original arrest was for an act of dating violence, the officer |
| 299 | may arrest the person or persons suspected of its commission and |
| 300 | charge such person or persons with the appropriate crime. The |
| 301 | decision to arrest and charge shall not require consent of the |
| 302 | victim or consideration of the relationship of the parties. |
| 303 | Section 9. Subsection (13) of section 901.15, Florida |
| 304 | Statutes, is amended to read: |
| 305 | 901.15 When arrest by officer without warrant is |
| 306 | lawful.--A law enforcement officer may arrest a person without a |
| 307 | warrant when: |
| 308 | (13) There is probable cause to believe that the person |
| 309 | has committed an act that violates a condition of pretrial |
| 310 | release provided in s. 903.047 when the original arrest was for |
| 311 | an act of domestic violence as defined in s. 741.28, or when the |
| 312 | original arrest was for an act of dating violence as defined in |
| 313 | s. 784.046. |
| 314 |
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| 315 | ----------------------------------------------------- |
| 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, |
| 319 | Florida Statutes, are amended, and subsection (6) is added to |
| 320 | that section, to read: |
| 321 |
|
| 322 | ----------------------------------------------------- |
| 323 | T I T L E A M E N D M E N T |
| 324 | Remove lines 2-38 and insert: |
| 325 | An act relating to service of process; amending s. 30.231, |
| 326 | F.S.; increasing the fees charged by the sheriff in civil |
| 327 | cases for service of process; deleting a prohibition on |
| 328 | additional fees for certain documents; exempting the state |
| 329 | and its agencies from increased fees or additional fees |
| 330 | required for alias and pluries; amending s. 48.021, F.S.; |
| 331 | providing that criminal witness subpoenas and criminal |
| 332 | summonses may be served by a special process server |
| 333 | appointed by the local sheriff or by a certified process |
| 334 | server; amending s. 48.27, F.S.; providing for the |
| 335 | selection of authorized certified process servers to serve |
| 336 | such subpoenas and summonses; amending s. 56.041, F.S.; |
| 337 | providing that all unsatisfied executions in the |
| 338 | possession of the sheriff docketed before October 1, 2001, |
| 339 | may be returned to the issuing court; amending s. 56.21, |
| 340 | F.S.; requiring the submission of an affidavit before |
| 341 | levying a judgment upon real property; requiring the |
| 342 | sheriff to furnish to the judgment debtor or lienholder, |
| 343 | or the debtor's or lienholder's attorney of record, a copy |
| 344 | of the notice of sale, notice of levy, and affidavit |
| 345 | within a specified period before execution of a sale or |
| 346 | levy; amending s. 56.27, F.S.; requiring that priority of |
| 347 | liens on real property be based on the effective date of |
| 348 | the judgment lien for a specified purpose, unless an |
| 349 | affidavit discloses that the property is subject to a |
| 350 | recorded mortgage, financing statement, tax warrant, or |
| 351 | other lien that is junior in priority to the judgment |
| 352 | lien; requiring a levying creditor to deliver the |
| 353 | affidavit to the sheriff at the time of the levy request |
| 354 | setting forth certain information and attestations; |
| 355 | requiring certain information to be contained in the |
| 356 | certified copy of recordation of lien; amending ss. 741.30 |
| 357 | and 784.046, F.S., relating to service of process in cases |
| 358 | of domestic violence or sexual abuse; authorizing clerks |
| 359 | of the court to transmit facsimile copies of previously |
| 360 | certified injunctions to sheriffs upon request; requiring |
| 361 | sheriffs to verify receipt of facsimile copies of |
| 362 | injunctions with clerks of the court before attempting |
| 363 | service; authorizing law enforcement officers to serve |
| 364 | facsimile copies of injunctions in the same manner as |
| 365 | certified copies; authorizing a law enforcement officer to |
| 366 | arrest a person suspected of violating a condition of |
| 367 | pretrial release if the original arrest was for an act of |
| 368 | dating violence; amending s. 901.15, F.S.; conforming |
| 369 | provisions to changes made by the act; providing an |
| 370 | effective date. |