CS/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; authorizing
6an additional fee for certain documents; amending s.
748.021, F.S.; providing that criminal witness subpoenas
8and criminal summonses may be served by a special process
9server appointed by the local sheriff or by a certified
10process server; amending s. 48.27, F.S.; providing for
11selection of authorized certified process servers to serve
12criminal witness subpoenas and criminal summonses;
13amending s. 56.041, F.S.; providing that all unsatisfied
14executions in the possession of the sheriff docketed
15before October 1, 2001, may be returned to the issuing
16court; amending s. 56.21, F.S.; requiring the submission
17of an affidavit before levying a judgment upon real
18property; requiring the sheriff to furnish to the judgment
19debtor or the debtor's attorney of record a copy of the
20notice of sale, notice of levy, and affidavit within a
21specified period before execution of a sale or levy;
22amending s. 56.27, F.S.; requiring that priority of liens
23on real property be based on the effective date of the
24judgment lien for a specified purpose; requiring a levying
25creditor to deliver to the sheriff at the time of the levy
26request an affidavit setting forth certain information and
27attestations; amending ss. 741.30 and 784.046, F.S.,
28relating to service of process in cases of domestic
29violence or sexual abuse; authorizing clerks of court to
30transmit 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. An additional
92fee of $40 may be charged, and no additional fees shall be
93required for alias and pluries documents when service was not
94effected on the original document in that county by that
95sheriff.
96     Section 2.  Subsection (1) of section 48.021, Florida
97Statutes, is amended to read:
98     48.021  Process; by whom served.--
99     (1)  All process shall be served by the sheriff of the
100county where the person to be served is found, except initial
101nonenforceable civil process, criminal witness subpoenas, and
102criminal summonses may be served by a special process server
103appointed by the sheriff as provided for in this section or by a
104certified process server as provided for in ss. 48.25-48.31.
105Civil witness subpoenas may be served by any person authorized
106by rules of civil procedure.
107     Section 3.  Subsection (2) of section 48.27, Florida
108Statutes, is amended to read:
109     48.27  Certified process servers.--
110     (2)(a)  The addition of a person's name to the list
111authorizes him or her to serve initial nonenforceable civil
112process on a person found within the circuit where the process
113server is certified when a civil action has been filed against
114such person in the circuit court or in a county court in the
115state. Upon filing an action in circuit or county court, a
116person may select from the list for the circuit where the
117process is to be served one or more certified process servers to
118serve initial nonenforceable civil process.
119     (b)  The addition of a person's name to the list authorizes
120him or her to serve criminal witness subpoenas and criminal
121summonses on a person found within the circuit where the process
122server is certified. The state in any proceeding or
123investigation by a grand jury or any party in a criminal action,
124prosecution, or proceeding may select from the list for the
125circuit where the process is to be served one or more certified
126process servers to serve the subpoena or summons.
127     Section 4.  Subsection (2) of section 56.041, Florida
128Statutes, is amended to read:
129     56.041  Executions; collection and return.--
130     (2)  All unsatisfied executions in the hands of the sheriff
131docketed before October 1, 2001, or 20 years after the date of
132issuance of final judgment upon which the execution was issued
133may be returned, to the court issuing the execution, 20 years
134after the date of issuance of final judgment upon which the
135execution was issued. Upon such return, the clerk of the court
136of issuance shall provide a receipt, to the sheriff submitting
137the return, acknowledging the return of the unsatisfied
138execution.
139     Section 5.  Section 56.21, Florida Statutes, is amended to
140read:
141     56.21  Execution sales; notice.--Notice of all sales under
142execution shall be given by advertisement once each week for 4
143successive weeks in a newspaper published in the county in which
144the sale is to take place. The time of such notice may be
145shortened in the discretion of the court from which the
146execution issued, upon affidavit that the property to be sold is
147subject to decay and will not sell for its full value if held
148until date of sale. On or before the date of the first
149publication or posting of the notice of sale, a copy of the
150notice of sale shall be furnished by the sheriff by certified
151mail to the attorney of record of the judgment debtor, or to the
152judgment debtor at the judgment debtor's last known address if
153the judgment debtor does not have an attorney of record. Such
154copy of the notice of sale shall be mailed even though a default
155judgment was entered. When levying upon real or personal
156property, a notice of such levy and execution sale and a copy of
157the affidavit required by s. 56.27(4) shall be sent by the
158sheriff to the attorneys of record of all judgment creditors and
159other lienholders and, or to all judgment creditors and other
160lienholders who do not have an attorney of record, who have
161acquired a judgment lien as provided in s. 55.10(1) and (2), s.
16255.202, or s. 55.204(3), or s. 695.01, and whose liens have not
163lapsed at the time of levy, at the address listed in the
164judgment lien certificate or other recorded lien, or, if
165amended, in any amendment thereto to the judgment lien
166certificate, and to all secured creditors who have filed
167financing statements as provided in part V of chapter 679 in the
168name of the judgment debtor reflecting a security interest in
169property of the kind to be sold at the execution sale at the
170address listed in the financing statement, or, if amended, in
171any amendment to the financing statement. Such notice shall be
172made in the same manner as notice is made to any judgment debtor
173under this section. When levying upon real property, notice of
174such levy and execution sale and affidavit required by s.
17556.27(4) shall be made to the property owner of record in the
176same manner as notice is made to any judgment debtor pursuant to
177this section and shall be made to each other person holding a
178mortgage or other lien against the real property as disclosed by
179the affidavit. When selling real or personal property, the sale
180date shall not be earlier than 30 days after the date of the
181first advertisement.
182     Section 6.  Subsections (1), (2), and (4) of section 56.27,
183Florida Statutes, are amended to read:
184     56.27  Executions; payment of money collected.--
185     (1)  All money received under executions shall be paid, in
186the order prescribed, to the following: the sheriff, for costs;
187the levying creditor in the amount of $500 as liquidated
188expenses; and if the levy is upon real property, the first
189priority lienholder under s. 55.10(1) and (2), s. 55.10; and if
190the levy is upon personal property, the first priority
191lienholder under s. 55.202, s. 55.204(3), or s. 55.208(2), as
192set forth in an affidavit required by subsection (4), or his or
193her attorney, in satisfaction of the judgment lien, if provided
194that the judgment lien has not lapsed at the time of the levy.
195The receipt of the attorney shall be a release of the officer
196paying the money to him or her. If When the name of more than
197one attorney appears in the court file, the money shall be paid
198to the attorney who originally commenced the action or who made
199the original defense unless the file shows that another attorney
200has been substituted.
201     (2)(a)  If When property sold under execution brings more
202than the amount needed to satisfy the provisions of subsection
203(1), the surplus shall be paid in the order of priority to any
204judgment lienholders whose judgment liens have not lapsed,
205unless the affidavit required by subsection (4) discloses that
206the property is also subject to any recorded mortgage, financing
207statement, tax warrant, or other lien, other than a judgment
208lien, that is junior in priority to the levying creditor's
209judgment lien. For the purpose of the sheriff's distribution of
210the surplus to judgment lienholders under this paragraph,
211priority of judgment liens on personal property shall be based
212on the effective date of the judgment lien acquired under s.
21355.202, s. 55.204(3), or s. 55.208(2), and priority of judgment
214liens on real property shall be based on the effective date of
215the judgment lien acquired under s. 55.10(1) and (2), as set
216forth in an affidavit required under subsection (4). If there is
217a surplus after all valid judgment liens and execution liens
218have been satisfied under this paragraph, the surplus must be
219paid to the owner of the property sold defendant.
220     (b)  If the affidavit required by subsection (4) discloses
221that the property is also subject to any recorded mortgage,
222financing statement, tax warrant, or other lien, other than a
223judgment lien, that is junior in priority to the levying
224creditor's judgment lien, any surplus from the sale of the
225property shall be paid over to the registry of the court from
226which the execution issued for further proceedings to determine
227the priority in which such surplus shall be distributed among
228judgment lienholders, other lienholders, and the owner of the
229property sold.
230     (4)  Before the date of the first publication or posting of
231the notice of sale provided for under s. 56.21, at the time of
232the levy request to the sheriff, the levying creditor shall
233deliver to the sheriff an affidavit setting forth all of the
234following as to the judgment debtor:
235     (a)  For a personal property levy, an attestation by that
236the levying creditor or the creditor's attorney of record that
237he or she has reviewed the database or judgment lien records
238established in accordance with ss. 55.201-55.209 and that the
239information contained in the affidavit based on that review is
240true and correct. For a real property levy in accordance with s.
24155.10(1) and (2), an attestation by the levying creditor or his
242or her attorney of record that he or she has performed or
243reviewed a title search of the records of the clerk of court of
244the county where the property is situated, and that the
245information contained in the affidavit, including a disclosure
246of all judgment liens, mortgages, financing statements, tax
247warrants, and other liens against the real property, based on
248that title search is true and correct.;
249     (b)  The information required under s. 55.203(1) and (2)
250for each judgment lien certificate indexed under the name of the
251judgment debtor as to each judgment creditor; the file number
252assigned to the record of the original and, if any, the second
253judgment lien; and the date of filing for each judgment lien
254certificate under s. 55.202 or s. 55.204(3). For each judgment
255lien recorded on real property, the information contained in the
256certified copy of recordation of lien pursuant to s. 55.10(1)
257and (2), and for each other lien recorded on real property, the
258name and address of the lienholder as shown in the copy of the
259recorded lien disclosed by the title search.; and
260     (c)  A statement that the levying creditor either does not
261have any other levy in process or, if another levy is in
262process, the levying creditor believes in good faith that the
263total value of the property under execution does not exceed the
264amount of outstanding judgments.
265     Section 7.  Paragraph (a) of subsection (8) of section
266741.30, Florida Statutes, is amended to read:
267     741.30  Domestic violence; injunction; powers and duties of
268court and clerk; petition; notice and hearing; temporary
269injunction; issuance of injunction; statewide verification
270system; enforcement.--
271     (8)(a)1.  The clerk of the court shall furnish a copy of
272the petition, financial affidavit, Uniform Child Custody
273Jurisdiction and Enforcement Act affidavit, if any, notice of
274hearing, and temporary injunction, if any, to the sheriff or a
275law enforcement agency of the county where the respondent
276resides or can be found, who shall serve it upon the respondent
277as soon thereafter as possible on any day of the week and at any
278time of the day or night. When requested by the sheriff, the
279clerk of court may transmit a facsimile copy of an injunction
280that has been certified by the clerk of court, and this
281facsimile copy may be served in the same manner as a certified
282copy. Upon receiving a facsimile copy, the sheriff must verify
283receipt with the sender before attempting to serve it upon the
284respondent. In addition, if the sheriff is in possession of an
285injunction for protection that has been certified by the clerk
286of court, the sheriff may transmit a facsimile copy of that
287injunction to a law enforcement officer who shall serve it in
288the same manner as a certified copy. The clerk of the court
289shall be responsible for furnishing to the sheriff such
290information on the respondent's physical description and
291location as is required by the department to comply with the
292verification procedures set forth in this section.
293Notwithstanding any other provision of law to the contrary, the
294chief judge of each circuit, in consultation with the
295appropriate sheriff, may authorize a law enforcement agency
296within the jurisdiction to effect service. A law enforcement
297agency serving injunctions pursuant to this section shall use
298service and verification procedures consistent with those of the
299sheriff.
300     2.  When an injunction is issued, if the petitioner
301requests the assistance of a law enforcement agency, the court
302may order that an officer from the appropriate law enforcement
303agency accompany the petitioner and assist in placing the
304petitioner in possession of the dwelling or residence, or
305otherwise assist in the execution or service of the injunction.
306A law enforcement officer shall accept a copy of an injunction
307for protection against domestic violence, certified by the clerk
308of the court, from the petitioner and immediately serve it upon
309a respondent who has been located but not yet served.
310     3.  All orders issued, changed, continued, extended, or
311vacated subsequent to the original service of documents
312enumerated under subparagraph 1., shall be certified by the
313clerk of the court and delivered to the parties at the time of
314the entry of the order. The parties may acknowledge receipt of
315such order in writing on the face of the original order. In the
316event a party fails or refuses to acknowledge the receipt of a
317certified copy of an order, the clerk shall note on the original
318order that service was effected. If delivery at the hearing is
319not possible, the clerk shall mail certified copies of the order
320to the parties at the last known address of each party. Service
321by mail is complete upon mailing. When an order is served
322pursuant to this subsection, the clerk shall prepare a written
323certification to be placed in the court file specifying the
324time, date, and method of service and shall notify the sheriff.
325
326If the respondent has been served previously with the temporary
327injunction and has failed to appear at the initial hearing on
328the temporary injunction, any subsequent petition for injunction
329seeking an extension of time may be served on the respondent by
330the clerk of the court by certified mail in lieu of personal
331service by a law enforcement officer.
332     Section 8.  Paragraph (a) of subsection (8) of section
333784.046, Florida Statutes, is amended to read:
334     784.046  Action by victim of repeat violence, sexual
335violence, or dating violence for protective injunction; dating
336violence investigations, notice to victims, and reporting;
337pretrial release violations.--
338     (8)(a)1.  The clerk of the court shall furnish a copy of
339the petition, notice of hearing, and temporary injunction, if
340any, to the sheriff or a law enforcement agency of the county
341where the respondent resides or can be found, who shall serve it
342upon the respondent as soon thereafter as possible on any day of
343the week and at any time of the day or night. When requested by
344the sheriff, the clerk of court may transmit a facsimile copy of
345an injunction that has been certified by the clerk of court, and
346this facsimile copy may be served in the same manner as a
347certified copy. Upon receiving a facsimile copy, the sheriff
348must verify receipt with the sender before attempting to serve
349it upon the respondent. In addition, if the sheriff is in
350possession of an injunction for protection that has been
351certified by the clerk of court, the sheriff may transmit a
352facsimile copy of that injunction to a law enforcement officer
353who shall serve it in the same manner as a certified copy. The
354clerk of the court shall be responsible for furnishing to the
355sheriff such information on the respondent's physical
356description and location as is required by the department to
357comply with the verification procedures set forth in this
358section. Notwithstanding any other provision of law to the
359contrary, the chief judge of each circuit, in consultation with
360the appropriate sheriff, may authorize a law enforcement agency
361within the chief judge's jurisdiction to effect this type of
362service and to receive a portion of the service fee. No person
363shall be authorized or permitted to serve or execute an
364injunction issued under this section unless the person is a law
365enforcement officer as defined in chapter 943.
366     2.  When an injunction is issued, if the petitioner
367requests the assistance of a law enforcement agency, the court
368may order that an officer from the appropriate law enforcement
369agency accompany the petitioner and assist in the execution or
370service of the injunction. A law enforcement officer shall
371accept a copy of an injunction for protection against repeat
372violence, sexual violence, or dating violence, certified by the
373clerk of the court, from the petitioner and immediately serve it
374upon a respondent who has been located but not yet served.
375     Section 9.  This act shall take effect July 1, 2009.


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