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 |
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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. |