HB 113

1
A bill to be entitled
2An act relating to service of process; amending s. 30.231,
3F.S.; increasing the fees charged by the sheriff in civil
4cases for service of process; exempting the State of
5Florida and its agencies from increased fees; deleting a
6prohibition on additional fees for certain documents;
7amending s. 48.021, F.S.; providing that criminal witness
8subpoenas and criminal summonses may be served by a
9special process server appointed by the local sheriff or
10by a certified process server; amending s. 48.27, F.S.;
11providing for selection of authorized certified process
12servers to serve criminal witness subpoenas and criminal
13summonses; amending s. 56.041, F.S.; providing that all
14unsatisfied executions in the possession of the sheriff
15docketed before October 1, 2001, may be returned to the
16issuing court; amending s. 56.21, F.S.; requiring the
17submission of an affidavit before levying a judgment upon
18real property; requiring the sheriff to furnish to the
19judgment debtor or the debtor's attorney of record a copy
20of the notice of sale, notice of levy, and affidavit
21within a specified period before execution of a sale or
22levy; amending s. 56.27, F.S.; requiring that priority of
23liens on real property be based on the effective date of
24the judgment lien for a specified purpose; requiring a
25levying creditor to deliver to the sheriff at the time of
26the levy request an affidavit setting forth certain
27information and attestations; amending ss. 741.30 and
28784.046, F.S., relating to service of process in cases of
29domestic violence or sexual abuse; authorizing clerks of
30court to transmit facsimile copies of previously certified
31injunctions to sheriffs upon request; requiring sheriffs
32to verify receipt of facsimile copies of injunctions with
33clerks of court before attempting service; authorizing law
34enforcement officers to serve facsimile copies of
35injunctions in the same manner as certified copies;
36providing an effective date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Subsections (1) and (4) of section 30.231,
41Florida Statutes, are amended to read:
42     30.231  Sheriffs' fees for service of summons, subpoenas,
43and executions.--
44     (1)  The sheriffs of all counties of the state in civil
45cases shall charge fixed, nonrefundable fees for docketing and
46service of process, according to the following schedule:
47     (a)  All summons or writs except executions: $40 $20 for
48each summons or writ to be served, except when more than one
49summons or writ is issued at the same time out of the same cause
50of action to be served upon one person or defendant at the same
51time, in which case the sheriff shall be entitled to one fee.
52     (b)  All writs except executions requiring a levy or
53seizure of property: $50 in addition to the $40 $20 fee as
54stated in paragraph (a).
55     (c)  Witness subpoenas: $40 $20 for each witness to be
56served.
57     (d)  Executions:
58     1.  Forty Twenty dollars for docketing and indexing each
59writ of execution, regardless of the number of persons involved.
60     2.  Fifty dollars for each levy.
61     a.  A levy is considered made when any property or any
62portion of the property listed or unlisted in the instructions
63for levy is seized, or upon demand of the sheriff the writ is
64satisfied by the defendant in lieu of seizure. Seizure requires
65that the sheriff take actual possession, if practicable, or,
66alternatively, constructive possession of the property by order
67of the court.
68     b.  When the instructions are for levy upon real property,
69a levy fee is required for each parcel described in the
70instructions.
71     c.  When the instructions are for levy based upon personal
72property, one fee is allowed, unless the property is seized at
73different locations, conditional upon all of the items being
74advertised collectively and the sale being held at a single
75location. However, if the property seized cannot be sold at one
76location during the same sale as advertised, but requires
77separate sales at different locations, the sheriff is then
78authorized to impose a levy fee for the property and sale at
79each location.
80     3.  Forty Twenty dollars for advertisement of sale under
81process.
82     4.  Forty Twenty dollars for each sale under process.
83     5.  Forty Twenty dollars for each deed, bill of sale, or
84satisfaction of judgment.
85
86Fees under this subsection chargeable to the State of Florida or
87its agencies shall be those fees that were effective under this
88subsection on June 30, 2009.
89     (4)  All fees collected under paragraphs (1)(a), (b), (c),
90and (d) shall be nonrefundable and shall be earned when each
91original request or service of process is made, and no
92additional fees shall be required for alias and pluries
93documents when service was not effected on the original document
94in that county by that sheriff.
95     Section 2.  Subsection (1) of section 48.021, Florida
96Statutes, is amended to read:
97     48.021  Process; by whom served.--
98     (1)  All process shall be served by the sheriff of the
99county where the person to be served is found, except initial
100nonenforceable civil process, criminal witness subpoenas, and
101criminal summonses may be served by a special process server
102appointed by the sheriff as provided for in this section or by a
103certified process server as provided for in ss. 48.25-48.31.
104Civil witness subpoenas may be served by any person authorized
105by rules of civil procedure.
106     Section 3.  Subsection (2) of section 48.27, Florida
107Statutes, is amended to read:
108     48.27  Certified process servers.--
109     (2)(a)  The addition of a person's name to the list
110authorizes him or her to serve initial nonenforceable civil
111process on a person found within the circuit where the process
112server is certified when a civil action has been filed against
113such person in the circuit court or in a county court in the
114state. Upon filing an action in circuit or county court, a
115person may select from the list for the circuit where the
116process is to be served one or more certified process servers to
117serve initial nonenforceable civil process.
118     (b)  The addition of a person's name to the list authorizes
119him or her to serve criminal witness subpoenas and criminal
120summonses on a person found within the circuit where the process
121server is certified. The state in any proceeding or
122investigation by a grand jury or any party in a criminal action,
123prosecution, or proceeding may select from the list for the
124circuit where the process is to be served one or more certified
125process servers to serve the subpoena or summons.
126     Section 4.  Subsection (2) of section 56.041, Florida
127Statutes, is amended to read:
128     56.041  Executions; collection and return.--
129     (2)  All unsatisfied executions in the hands of the sheriff
130docketed before October 1, 2001, or 20 years after the date of
131issuance of final judgment upon which the execution was issued
132may be returned, to the court issuing the execution, 20 years
133after the date of issuance of final judgment upon which the
134execution was issued. Upon such return, the clerk of the court
135of issuance shall provide a receipt, to the sheriff submitting
136the return, acknowledging the return of the unsatisfied
137execution.
138     Section 5.  Section 56.21, Florida Statutes, is amended to
139read:
140     56.21  Execution sales; notice.--Notice of all sales under
141execution shall be given by advertisement once each week for 4
142successive weeks in a newspaper published in the county in which
143the sale is to take place. The time of such notice may be
144shortened in the discretion of the court from which the
145execution issued, upon affidavit that the property to be sold is
146subject to decay and will not sell for its full value if held
147until date of sale. On or before the date of the first
148publication or posting of the notice of sale, a copy of the
149notice of sale shall be furnished by the sheriff by certified
150mail to the attorney of record of the judgment debtor, or to the
151judgment debtor at the judgment debtor's last known address if
152the judgment debtor does not have an attorney of record. Such
153copy of the notice of sale shall be mailed even though a default
154judgment was entered. When levying upon real or personal
155property, a notice of such levy and execution sale and a copy of
156the affidavit required by s. 56.27(4) shall be sent by the
157sheriff to the attorneys of record of all judgment creditors and
158other lienholders and, or to all judgment creditors and other
159lienholders who do not have an attorney of record, who have
160acquired a judgment lien as provided in s. 55.10(1) and (2), s.
16155.202, or s. 55.204(3), or s. 695.01, and whose liens have not
162lapsed at the time of levy, at the address listed in the
163judgment lien certificate or other recorded lien, or, if
164amended, in any amendment thereto to the judgment lien
165certificate, and to all secured creditors who have filed
166financing statements as provided in part V of chapter 679 in the
167name of the judgment debtor reflecting a security interest in
168property of the kind to be sold at the execution sale at the
169address listed in the financing statement, or, if amended, in
170any amendment to the financing statement. Such notice shall be
171made in the same manner as notice is made to any judgment debtor
172under this section. When levying upon real property, notice of
173such levy and execution sale and affidavit required by s.
17456.27(4) shall be made to the property owner of record in the
175same manner as notice is made to any judgment debtor pursuant to
176this section and shall be made to each other person holding a
177mortgage or other lien against the real property as disclosed by
178the affidavit. When selling real or personal property, the sale
179date shall not be earlier than 30 days after the date of the
180first advertisement.
181     Section 6.  Subsections (1), (2), and (4) of section 56.27,
182Florida Statutes, are amended to read:
183     56.27  Executions; payment of money collected.--
184     (1)  All money received under executions shall be paid, in
185the order prescribed, to the following: the sheriff, for costs;
186the levying creditor in the amount of $500 as liquidated
187expenses; and if the levy is upon real property, the first
188priority lienholder under s. 55.10(1) and (2), s. 55.10; and if
189the levy is upon personal property, the first priority
190lienholder under s. 55.202, s. 55.204(3), or s. 55.208(2), as
191set forth in an affidavit required by subsection (4), or his or
192her attorney, in satisfaction of the judgment lien, if provided
193that the judgment lien has not lapsed at the time of the levy.
194The receipt of the attorney shall be a release of the officer
195paying the money to him or her. If When the name of more than
196one attorney appears in the court file, the money shall be paid
197to the attorney who originally commenced the action or who made
198the original defense unless the file shows that another attorney
199has been substituted.
200     (2)(a)  If When property sold under execution brings more
201than the amount needed to satisfy the provisions of subsection
202(1), the surplus shall be paid in the order of priority to any
203judgment lienholders whose judgment liens have not lapsed,
204unless the affidavit required by subsection (4) discloses that
205the property is also subject to any recorded mortgage, financing
206statement, tax warrant, or other lien, other than a judgment
207lien, that is junior in priority to the levying creditor's
208judgment lien. For the purpose of the sheriff's distribution of
209the surplus to judgment lienholders under this paragraph,
210priority of judgment liens on personal property shall be based
211on the effective date of the judgment lien acquired under s.
21255.202, s. 55.204(3), or s. 55.208(2), and priority of judgment
213liens on real property shall be based on the effective date of
214the judgment lien acquired under s. 55.10(1) and (2), as set
215forth in an affidavit required under subsection (4). If there is
216a surplus after all valid judgment liens and execution liens
217have been satisfied under this paragraph, the surplus must be
218paid to the owner of the property sold defendant.
219     (b)  If the affidavit required by subsection (4) discloses
220that the property is also subject to any recorded mortgage,
221financing statement, tax warrant, or other lien, other than a
222judgment lien, that is junior in priority to the levying
223creditor's judgment lien, any surplus from the sale of the
224property shall be paid over to the registry of the court from
225which the execution issued for further proceedings to determine
226the priority in which such surplus shall be distributed among
227judgment lienholders, other lienholders, and the owner of the
228property sold.
229     (4)  Before the date of the first publication or posting of
230the notice of sale provided for under s. 56.21, at the time of
231the levy request to the sheriff, the levying creditor shall
232deliver to the sheriff an affidavit setting forth all of the
233following as to the judgment debtor:
234     (a)  For a personal property levy, an attestation by that
235the levying creditor or the creditor's attorney of record that
236he or she has reviewed the database or judgment lien records
237established in accordance with ss. 55.201-55.209 and that the
238information contained in the affidavit based on that review is
239true and correct. For a real property levy in accordance with s.
24055.10(1) and (2), an attestation by the levying creditor or his
241or her attorney of record that he or she has performed or
242reviewed a title search of the records of the clerk of court of
243the county where the property is situated, and that the
244information contained in the affidavit, including a disclosure
245of all judgment liens, mortgages, financing statements, tax
246warrants, and other liens against the real property, based on
247that title search is true and correct.;
248     (b)  The information required under s. 55.203(1) and (2)
249for each judgment lien certificate indexed under the name of the
250judgment debtor as to each judgment creditor; the file number
251assigned to the record of the original and, if any, the second
252judgment lien; and the date of filing for each judgment lien
253certificate under s. 55.202 or s. 55.204(3). For each judgment
254lien recorded on real property, the information contained in the
255certified copy of recordation of lien pursuant to s. 55.10(1)
256and (2), and for each other lien recorded on real property, the
257name and address of the lienholder as shown in the copy of the
258recorded lien disclosed by the title search.; and
259     (c)  A statement that the levying creditor either does not
260have any other levy in process or, if another levy is in
261process, the levying creditor believes in good faith that the
262total value of the property under execution does not exceed the
263amount of outstanding judgments.
264     Section 7.  Paragraph (a) of subsection (8) of section
265741.30, Florida Statutes, is amended to read:
266     741.30  Domestic violence; injunction; powers and duties of
267court and clerk; petition; notice and hearing; temporary
268injunction; issuance of injunction; statewide verification
269system; enforcement.--
270     (8)(a)1.  The clerk of the court shall furnish a copy of
271the petition, financial affidavit, Uniform Child Custody
272Jurisdiction and Enforcement Act affidavit, if any, notice of
273hearing, and temporary injunction, if any, to the sheriff or a
274law enforcement agency of the county where the respondent
275resides or can be found, who shall serve it upon the respondent
276as soon thereafter as possible on any day of the week and at any
277time of the day or night. When requested by the sheriff, the
278clerk of court may transmit a facsimile copy of an injunction
279that has been certified by the clerk of court, and this
280facsimile copy may be served in the same manner as a certified
281copy. Upon receiving a facsimile copy, the sheriff must verify
282receipt with the sender before attempting to serve it upon the
283respondent. In addition, if the sheriff is in possession of an
284injunction for protection that has been certified by the clerk
285of court, the sheriff may transmit a facsimile copy of that
286injunction to a law enforcement officer who shall serve it in
287the same manner as a certified copy. The clerk of the court
288shall be responsible for furnishing to the sheriff such
289information on the respondent's physical description and
290location as is required by the department to comply with the
291verification procedures set forth in this section.
292Notwithstanding any other provision of law to the contrary, the
293chief judge of each circuit, in consultation with the
294appropriate sheriff, may authorize a law enforcement agency
295within the jurisdiction to effect service. A law enforcement
296agency serving injunctions pursuant to this section shall use
297service and verification procedures consistent with those of the
298sheriff.
299     2.  When an injunction is issued, if the petitioner
300requests the assistance of a law enforcement agency, the court
301may order that an officer from the appropriate law enforcement
302agency accompany the petitioner and assist in placing the
303petitioner in possession of the dwelling or residence, or
304otherwise assist in the execution or service of the injunction.
305A law enforcement officer shall accept a copy of an injunction
306for protection against domestic violence, certified by the clerk
307of the court, from the petitioner and immediately serve it upon
308a respondent who has been located but not yet served.
309     3.  All orders issued, changed, continued, extended, or
310vacated subsequent to the original service of documents
311enumerated under subparagraph 1., shall be certified by the
312clerk of the court and delivered to the parties at the time of
313the entry of the order. The parties may acknowledge receipt of
314such order in writing on the face of the original order. In the
315event a party fails or refuses to acknowledge the receipt of a
316certified copy of an order, the clerk shall note on the original
317order that service was effected. If delivery at the hearing is
318not possible, the clerk shall mail certified copies of the order
319to the parties at the last known address of each party. Service
320by mail is complete upon mailing. When an order is served
321pursuant to this subsection, the clerk shall prepare a written
322certification to be placed in the court file specifying the
323time, date, and method of service and shall notify the sheriff.
324
325If the respondent has been served previously with the temporary
326injunction and has failed to appear at the initial hearing on
327the temporary injunction, any subsequent petition for injunction
328seeking an extension of time may be served on the respondent by
329the clerk of the court by certified mail in lieu of personal
330service by a law enforcement officer.
331     Section 8.  Paragraph (a) of subsection (8) of section
332784.046, Florida Statutes, is amended to read:
333     784.046  Action by victim of repeat violence, sexual
334violence, or dating violence for protective injunction; dating
335violence investigations, notice to victims, and reporting;
336pretrial release violations.--
337     (8)(a)1.  The clerk of the court shall furnish a copy of
338the petition, notice of hearing, and temporary injunction, if
339any, to the sheriff or a law enforcement agency of the county
340where the respondent resides or can be found, who shall serve it
341upon the respondent as soon thereafter as possible on any day of
342the week and at any time of the day or night. When requested by
343the sheriff, the clerk of court may transmit a facsimile copy of
344an injunction that has been certified by the clerk of court, and
345this facsimile copy may be served in the same manner as a
346certified copy. Upon receiving a facsimile copy, the sheriff
347must verify receipt with the sender before attempting to serve
348it upon the respondent. In addition, if the sheriff is in
349possession of an injunction for protection that has been
350certified by the clerk of court, the sheriff may transmit a
351facsimile copy of that injunction to a law enforcement officer
352who shall serve it in the same manner as a certified copy. The
353clerk of the court shall be responsible for furnishing to the
354sheriff such information on the respondent's physical
355description and location as is required by the department to
356comply with the verification procedures set forth in this
357section. Notwithstanding any other provision of law to the
358contrary, the chief judge of each circuit, in consultation with
359the appropriate sheriff, may authorize a law enforcement agency
360within the chief judge's jurisdiction to effect this type of
361service and to receive a portion of the service fee. No person
362shall be authorized or permitted to serve or execute an
363injunction issued under this section unless the person is a law
364enforcement officer as defined in chapter 943.
365     2.  When an injunction is issued, if the petitioner
366requests the assistance of a law enforcement agency, the court
367may order that an officer from the appropriate law enforcement
368agency accompany the petitioner and assist in the execution or
369service of the injunction. A law enforcement officer shall
370accept a copy of an injunction for protection against repeat
371violence, sexual violence, or dating violence, certified by the
372clerk of the court, from the petitioner and immediately serve it
373upon a respondent who has been located but not yet served.
374     Section 9.  This act shall take effect July 1, 2009.


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