CS/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; exempting the
7State of Florida and its agencies from paying a specified
8portion of such additional fee; amending s. 48.021, F.S.;
9providing that criminal witness subpoenas and criminal
10summonses may be served by a special process server
11appointed by the local sheriff or by a certified process
12server; amending s. 48.27, F.S.; providing for selection
13of authorized certified process servers to serve criminal
14witness subpoenas and criminal summonses; amending s.
1556.041, F.S.; providing that all unsatisfied executions in
16the possession of the sheriff docketed before October 1,
172001, may be returned to the issuing court; amending s.
1856.21, F.S.; requiring the submission of an affidavit
19before levying a judgment upon real property; requiring
20the sheriff to furnish to the judgment debtor or the
21debtor's attorney of record a copy of the notice of sale,
22notice of levy, and affidavit within a specified period
23before execution of a sale or levy; amending s. 56.27,
24F.S.; requiring that priority of liens on real property be
25based on the effective date of the judgment lien for a
26specified purpose; requiring a levying creditor to deliver
27to the sheriff at the time of the levy request an
28affidavit setting forth certain information and
29attestations; amending ss. 741.30 and 784.046, F.S.,
30relating to service of process in cases of domestic
31violence or sexual abuse; authorizing clerks of court to
32transmit facsimile copies of previously certified
33injunctions to sheriffs upon request; requiring sheriffs
34to verify receipt of facsimile copies of injunctions with
35clerks of court before attempting service; authorizing law
36enforcement officers to serve facsimile copies of
37injunctions in the same manner as certified copies;
38providing an effective date.
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  Subsections (1) and (4) of section 30.231,
43Florida Statutes, are amended to read:
44     30.231  Sheriffs' fees for service of summons, subpoenas,
45and executions.--
46     (1)  The sheriffs of all counties of the state in civil
47cases shall charge fixed, nonrefundable fees for docketing and
48service of process, according to the following schedule:
49     (a)  All summons or writs except executions: $40 $20 for
50each summons or writ to be served, except when more than one
51summons or writ is issued at the same time out of the same cause
52of action to be served upon one person or defendant at the same
53time, in which case the sheriff shall be entitled to one fee.
54     (b)  All writs except executions requiring a levy or
55seizure of property: $50 in addition to the $40 $20 fee as
56stated in paragraph (a).
57     (c)  Witness subpoenas: $40 $20 for each witness to be
58served.
59     (d)  Executions:
60     1.  Forty Twenty dollars for docketing and indexing each
61writ of execution, regardless of the number of persons involved.
62     2.  Fifty dollars for each levy.
63     a.  A levy is considered made when any property or any
64portion of the property listed or unlisted in the instructions
65for levy is seized, or upon demand of the sheriff the writ is
66satisfied by the defendant in lieu of seizure. Seizure requires
67that the sheriff take actual possession, if practicable, or,
68alternatively, constructive possession of the property by order
69of the court.
70     b.  When the instructions are for levy upon real property,
71a levy fee is required for each parcel described in the
72instructions.
73     c.  When the instructions are for levy based upon personal
74property, one fee is allowed, unless the property is seized at
75different locations, conditional upon all of the items being
76advertised collectively and the sale being held at a single
77location. However, if the property seized cannot be sold at one
78location during the same sale as advertised, but requires
79separate sales at different locations, the sheriff is then
80authorized to impose a levy fee for the property and sale at
81each location.
82     3.  Forty Twenty dollars for advertisement of sale under
83process.
84     4.  Forty Twenty dollars for each sale under process.
85     5.  Forty Twenty dollars for each deed, bill of sale, or
86satisfaction of judgment.
87
88Fees under this subsection chargeable to the State of Florida or
89its agencies shall be those fees that were effective under this
90subsection on June 30, 2009.
91     (4)  All fees collected under paragraphs (1)(a), (b), (c),
92and (d) shall be nonrefundable and shall be earned when each
93original request or service of process is made. An additional
94fee of $40 may be charged, and no additional fees shall be
95required for alias and pluries documents when service was not
96effected on the original document in that county by that
97sheriff. Such additional fee may only be charged once,
98regardless of the number of alias and pluries documents. The
99State of Florida and its agencies are exempt from paying that
100portion of such additional fee that is not payable from nonstate
101funds.
102     Section 2.  Subsection (1) of section 48.021, Florida
103Statutes, is amended to read:
104     48.021  Process; by whom served.--
105     (1)  All process shall be served by the sheriff of the
106county where the person to be served is found, except initial
107nonenforceable civil process, criminal witness subpoenas, and
108criminal summonses may be served by a special process server
109appointed by the sheriff as provided for in this section or by a
110certified process server as provided for in ss. 48.25-48.31.
111Civil witness subpoenas may be served by any person authorized
112by rules of civil procedure.
113     Section 3.  Subsection (2) of section 48.27, Florida
114Statutes, is amended to read:
115     48.27  Certified process servers.--
116     (2)(a)  The addition of a person's name to the list
117authorizes him or her to serve initial nonenforceable civil
118process on a person found within the circuit where the process
119server is certified when a civil action has been filed against
120such person in the circuit court or in a county court in the
121state. Upon filing an action in circuit or county court, a
122person may select from the list for the circuit where the
123process is to be served one or more certified process servers to
124serve initial nonenforceable civil process.
125     (b)  The addition of a person's name to the list authorizes
126him or her to serve criminal witness subpoenas and criminal
127summonses on a person found within the circuit where the process
128server is certified. The state in any proceeding or
129investigation by a grand jury or any party in a criminal action,
130prosecution, or proceeding may select from the list for the
131circuit where the process is to be served one or more certified
132process servers to serve the subpoena or summons.
133     Section 4.  Subsection (2) of section 56.041, Florida
134Statutes, is amended to read:
135     56.041  Executions; collection and return.--
136     (2)  All unsatisfied executions in the hands of the sheriff
137docketed before October 1, 2001, or 20 years after the date of
138issuance of final judgment upon which the execution was issued
139may be returned, to the court issuing the execution, 20 years
140after the date of issuance of final judgment upon which the
141execution was issued. Upon such return, the clerk of the court
142of issuance shall provide a receipt, to the sheriff submitting
143the return, acknowledging the return of the unsatisfied
144execution.
145     Section 5.  Section 56.21, Florida Statutes, is amended to
146read:
147     56.21  Execution sales; notice.--Notice of all sales under
148execution shall be given by advertisement once each week for 4
149successive weeks in a newspaper published in the county in which
150the sale is to take place. The time of such notice may be
151shortened in the discretion of the court from which the
152execution issued, upon affidavit that the property to be sold is
153subject to decay and will not sell for its full value if held
154until date of sale. On or before the date of the first
155publication or posting of the notice of sale, a copy of the
156notice of sale shall be furnished by the sheriff by certified
157mail to the attorney of record of the judgment debtor, or to the
158judgment debtor at the judgment debtor's last known address if
159the judgment debtor does not have an attorney of record. Such
160copy of the notice of sale shall be mailed even though a default
161judgment was entered. When levying upon real or personal
162property, a notice of such levy and execution sale and a copy of
163the affidavit required by s. 56.27(4) shall be sent by the
164sheriff to the attorneys of record of all judgment creditors and
165other lienholders and, or to all judgment creditors and other
166lienholders who do not have an attorney of record, who have
167acquired a judgment lien as provided in s. 55.10(1) and (2), s.
16855.202, or s. 55.204(3), or s. 695.01, and whose liens have not
169lapsed at the time of levy, at the address listed in the
170judgment lien certificate or other recorded lien, or, if
171amended, in any amendment thereto to the judgment lien
172certificate, and to all secured creditors who have filed
173financing statements as provided in part V of chapter 679 in the
174name of the judgment debtor reflecting a security interest in
175property of the kind to be sold at the execution sale at the
176address listed in the financing statement, or, if amended, in
177any amendment to the financing statement. Such notice shall be
178made in the same manner as notice is made to any judgment debtor
179under this section. When levying upon real property, notice of
180such levy and execution sale and affidavit required by s.
18156.27(4) shall be made to the property owner of record in the
182same manner as notice is made to any judgment debtor pursuant to
183this section and shall be made to each other person holding a
184mortgage or other lien against the real property as disclosed by
185the affidavit. When selling real or personal property, the sale
186date shall not be earlier than 30 days after the date of the
187first advertisement.
188     Section 6.  Subsections (1), (2), and (4) of section 56.27,
189Florida Statutes, are amended to read:
190     56.27  Executions; payment of money collected.--
191     (1)  All money received under executions shall be paid, in
192the order prescribed, to the following: the sheriff, for costs;
193the levying creditor in the amount of $500 as liquidated
194expenses; and if the levy is upon real property, the first
195priority lienholder under s. 55.10(1) and (2), s. 55.10; and if
196the levy is upon personal property, the first priority
197lienholder under s. 55.202, s. 55.204(3), or s. 55.208(2), as
198set forth in an affidavit required by subsection (4), or his or
199her attorney, in satisfaction of the judgment lien, if provided
200that the judgment lien has not lapsed at the time of the levy.
201The receipt of the attorney shall be a release of the officer
202paying the money to him or her. If When the name of more than
203one attorney appears in the court file, the money shall be paid
204to the attorney who originally commenced the action or who made
205the original defense unless the file shows that another attorney
206has been substituted.
207     (2)(a)  If When property sold under execution brings more
208than the amount needed to satisfy the provisions of subsection
209(1), the surplus shall be paid in the order of priority to any
210judgment lienholders whose judgment liens have not lapsed,
211unless the affidavit required by subsection (4) discloses that
212the property is also subject to any recorded mortgage, financing
213statement, tax warrant, or other lien, other than a judgment
214lien, that is junior in priority to the levying creditor's
215judgment lien. For the purpose of the sheriff's distribution of
216the surplus to judgment lienholders under this paragraph,
217priority of judgment liens on personal property shall be based
218on the effective date of the judgment lien acquired under s.
21955.202, s. 55.204(3), or s. 55.208(2), and priority of judgment
220liens on real property shall be based on the effective date of
221the judgment lien acquired under s. 55.10(1) and (2), as set
222forth in an affidavit required under subsection (4). If there is
223a surplus after all valid judgment liens and execution liens
224have been satisfied under this paragraph, the surplus must be
225paid to the owner of the property sold defendant.
226     (b)  If the affidavit required by subsection (4) discloses
227that the property is also subject to any recorded mortgage,
228financing statement, tax warrant, or other lien, other than a
229judgment lien, that is junior in priority to the levying
230creditor's judgment lien, any surplus from the sale of the
231property shall be paid over to the registry of the court from
232which the execution issued for further proceedings to determine
233the priority in which such surplus shall be distributed among
234judgment lienholders, other lienholders, and the owner of the
235property sold.
236     (4)  Before the date of the first publication or posting of
237the notice of sale provided for under s. 56.21, at the time of
238the levy request to the sheriff, the levying creditor shall
239deliver to the sheriff an affidavit setting forth all of the
240following as to the judgment debtor:
241     (a)  For a personal property levy, an attestation by that
242the levying creditor or the creditor's attorney of record that
243he or she has reviewed the database or judgment lien records
244established in accordance with ss. 55.201-55.209 and that the
245information contained in the affidavit based on that review is
246true and correct. For a real property levy in accordance with s.
24755.10(1) and (2), an attestation by the levying creditor or his
248or her attorney of record that he or she has performed or
249reviewed a title search of the records of the clerk of court of
250the county where the property is situated, and that the
251information contained in the affidavit, including a disclosure
252of all judgment liens, mortgages, financing statements, tax
253warrants, and other liens against the real property, based on
254that title search is true and correct.;
255     (b)  The information required under s. 55.203(1) and (2)
256for each judgment lien certificate indexed under the name of the
257judgment debtor as to each judgment creditor; the file number
258assigned to the record of the original and, if any, the second
259judgment lien; and the date of filing for each judgment lien
260certificate under s. 55.202 or s. 55.204(3). For each judgment
261lien recorded on real property, the information contained in the
262certified copy of recordation of lien pursuant to s. 55.10(1)
263and (2), and for each other lien recorded on real property, the
264name and address of the lienholder as shown in the copy of the
265recorded lien disclosed by the title search.; and
266     (c)  A statement that the levying creditor either does not
267have any other levy in process or, if another levy is in
268process, the levying creditor believes in good faith that the
269total value of the property under execution does not exceed the
270amount of outstanding judgments.
271     Section 7.  Paragraph (a) of subsection (8) of section
272741.30, Florida Statutes, is amended to read:
273     741.30  Domestic violence; injunction; powers and duties of
274court and clerk; petition; notice and hearing; temporary
275injunction; issuance of injunction; statewide verification
276system; enforcement.--
277     (8)(a)1.  The clerk of the court shall furnish a copy of
278the petition, financial affidavit, Uniform Child Custody
279Jurisdiction and Enforcement Act affidavit, if any, notice of
280hearing, and temporary injunction, if any, to the sheriff or a
281law enforcement agency of the county where the respondent
282resides or can be found, who shall serve it upon the respondent
283as soon thereafter as possible on any day of the week and at any
284time of the day or night. When requested by the sheriff, the
285clerk of court may transmit a facsimile copy of an injunction
286that has been certified by the clerk of court, and this
287facsimile copy may be served in the same manner as a certified
288copy. Upon receiving a facsimile copy, the sheriff must verify
289receipt with the sender before attempting to serve it upon the
290respondent. In addition, if the sheriff is in possession of an
291injunction for protection that has been certified by the clerk
292of court, the sheriff may transmit a facsimile copy of that
293injunction to a law enforcement officer who shall serve it in
294the same manner as a certified copy. The clerk of the court
295shall be responsible for furnishing to the sheriff such
296information on the respondent's physical description and
297location as is required by the department to comply with the
298verification procedures set forth in this section.
299Notwithstanding any other provision of law to the contrary, the
300chief judge of each circuit, in consultation with the
301appropriate sheriff, may authorize a law enforcement agency
302within the jurisdiction to effect service. A law enforcement
303agency serving injunctions pursuant to this section shall use
304service and verification procedures consistent with those of the
305sheriff.
306     2.  When an injunction is issued, if the petitioner
307requests the assistance of a law enforcement agency, the court
308may order that an officer from the appropriate law enforcement
309agency accompany the petitioner and assist in placing the
310petitioner in possession of the dwelling or residence, or
311otherwise assist in the execution or service of the injunction.
312A law enforcement officer shall accept a copy of an injunction
313for protection against domestic violence, certified by the clerk
314of the court, from the petitioner and immediately serve it upon
315a respondent who has been located but not yet served.
316     3.  All orders issued, changed, continued, extended, or
317vacated subsequent to the original service of documents
318enumerated under subparagraph 1., shall be certified by the
319clerk of the court and delivered to the parties at the time of
320the entry of the order. The parties may acknowledge receipt of
321such order in writing on the face of the original order. In the
322event a party fails or refuses to acknowledge the receipt of a
323certified copy of an order, the clerk shall note on the original
324order that service was effected. If delivery at the hearing is
325not possible, the clerk shall mail certified copies of the order
326to the parties at the last known address of each party. Service
327by mail is complete upon mailing. When an order is served
328pursuant to this subsection, the clerk shall prepare a written
329certification to be placed in the court file specifying the
330time, date, and method of service and shall notify the sheriff.
331
332If the respondent has been served previously with the temporary
333injunction and has failed to appear at the initial hearing on
334the temporary injunction, any subsequent petition for injunction
335seeking an extension of time may be served on the respondent by
336the clerk of the court by certified mail in lieu of personal
337service by a law enforcement officer.
338     Section 8.  Paragraph (a) of subsection (8) of section
339784.046, Florida Statutes, is amended to read:
340     784.046  Action by victim of repeat violence, sexual
341violence, or dating violence for protective injunction; dating
342violence investigations, notice to victims, and reporting;
343pretrial release violations.--
344     (8)(a)1.  The clerk of the court shall furnish a copy of
345the petition, notice of hearing, and temporary injunction, if
346any, to the sheriff or a law enforcement agency of the county
347where the respondent resides or can be found, who shall serve it
348upon the respondent as soon thereafter as possible on any day of
349the week and at any time of the day or night. When requested by
350the sheriff, the clerk of court may transmit a facsimile copy of
351an injunction that has been certified by the clerk of court, and
352this facsimile copy may be served in the same manner as a
353certified copy. Upon receiving a facsimile copy, the sheriff
354must verify receipt with the sender before attempting to serve
355it upon the respondent. In addition, if the sheriff is in
356possession of an injunction for protection that has been
357certified by the clerk of court, the sheriff may transmit a
358facsimile copy of that injunction to a law enforcement officer
359who shall serve it in the same manner as a certified copy. The
360clerk of the court shall be responsible for furnishing to the
361sheriff such information on the respondent's physical
362description and location as is required by the department to
363comply with the verification procedures set forth in this
364section. Notwithstanding any other provision of law to the
365contrary, the chief judge of each circuit, in consultation with
366the appropriate sheriff, may authorize a law enforcement agency
367within the chief judge's jurisdiction to effect this type of
368service and to receive a portion of the service fee. No person
369shall be authorized or permitted to serve or execute an
370injunction issued under this section unless the person is a law
371enforcement officer as defined in chapter 943.
372     2.  When an injunction is issued, if the petitioner
373requests the assistance of a law enforcement agency, the court
374may order that an officer from the appropriate law enforcement
375agency accompany the petitioner and assist in the execution or
376service of the injunction. A law enforcement officer shall
377accept a copy of an injunction for protection against repeat
378violence, sexual violence, or dating violence, certified by the
379clerk of the court, from the petitioner and immediately serve it
380upon a respondent who has been located but not yet served.
381     Section 9.  This act shall take effect July 1, 2009.


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