Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 426
       
       
       
       
       
       
                                Barcode 744044                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/08/2011           .                                
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       The Committee on Judiciary (Bogdanoff) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 48.021, Florida
    6  Statutes, is amended to read:
    7         48.021 Process; by whom served.—
    8         (1) All process shall be served by the sheriff of the
    9  county where the person to be served is found, except initial
   10  nonenforceable civil process, criminal witness subpoenas, and
   11  criminal summonses may be served by a special process server
   12  appointed by the sheriff as provided for in this section or by a
   13  certified process server as provided for in ss. 48.25-48.31.
   14  Civil witness subpoenas may be served by any person authorized
   15  by rules of civil procedure. A writ of possession in an action
   16  for possession of real property under s. 83.62 may be served by
   17  a certified process server as provided in s. 48.27.
   18         Section 2. Subsection (2) of section 48.27, Florida
   19  Statutes, is amended to read:
   20         48.27 Certified process servers.—
   21         (2)(a) The addition of a person’s name to the list
   22  authorizes him or her to serve initial nonenforceable civil
   23  process on a person found within the circuit where the process
   24  server is certified when a civil action has been filed against
   25  such person in the circuit court or in a county court in the
   26  state. Upon filing an action in circuit or county court, a
   27  person may select from the list for the circuit where the
   28  process is to be served one or more certified process servers to
   29  serve initial nonenforceable civil process.
   30         (b) The addition of a person’s name to the list authorizes
   31  him or her to serve criminal witness subpoenas and criminal
   32  summonses on a person found within the circuit where the process
   33  server is certified. The state in any proceeding or
   34  investigation by a grand jury or any party in a criminal action,
   35  prosecution, or proceeding may select from the list for the
   36  circuit where the process is to be served one or more certified
   37  process servers to serve the subpoena or summons.
   38         (c) The addition of a person’s name to the list also
   39  authorizes him or her to serve a writ of possession in an action
   40  for possession of real property under s. 83.62 on a person found
   41  within the circuit where the process server is certified.
   42         Section 3. Section 83.62, Florida Statutes, is amended to
   43  read:
   44         83.62 Restoration of possession to landlord.—
   45         (1) In an action for possession, after entry of judgment in
   46  favor of the landlord, the clerk shall issue a writ to the
   47  sheriff, or other person selected by the landlord and authorized
   48  by s. 48.27 to serve process, describing the premises and
   49  commanding the sheriff to put the landlord in possession after
   50  24 hours’ notice conspicuously posted on the premises. Upon
   51  entry of judgment in favor of the landlord and issuance of a
   52  writ by the clerk, the landlord may select from the list for the
   53  circuit where the process is to be served one or more certified
   54  process servers to serve the writ. Upon the posting of the writ
   55  on the premises, the certified process server shall, within 12
   56  hours of the posting of the writ, provide written notice to the
   57  sheriff including the date and time the writ was posted on the
   58  premises.
   59         (2) At the time the sheriff executes the writ of possession
   60  is executed or at any time thereafter, the landlord or the
   61  landlord’s agent may remove any personal property found on the
   62  premises to or near the property line. Subsequent to executing
   63  the writ of possession, the landlord may request the sheriff to
   64  stand by to keep the peace while the landlord changes the locks
   65  and removes the personal property from the premises. When such a
   66  request is made, the sheriff may charge a reasonable hourly
   67  rate, and the person requesting the sheriff to stand by to keep
   68  the peace shall be responsible for paying the reasonable hourly
   69  rate set by the sheriff. Neither the sheriff nor the landlord or
   70  the landlord’s agent shall be liable to the tenant or any other
   71  party for the loss, destruction, or damage to the property after
   72  it has been removed.
   73         Section 4. This act shall take effect July 1, 2011.
   74  
   75  ================= T I T L E  A M E N D M E N T ================
   76         And the title is amended as follows:
   77         Delete everything before the enacting clause
   78  and insert:
   79                        A bill to be entitled                      
   80         An act relating to service of process; amending ss.
   81         48.021 and 48.27, F.S.; authorizing certified process
   82         servers to serve writs of possession in actions for
   83         possession of residential property; amending s. 83.62,
   84         F.S.; authorizing a landlord to select a certified
   85         process server to serve a writ of possession;
   86         requiring a certified process server to provide notice
   87         of the posting of the writ to the sheriff; conforming
   88         provisions; providing an effective date.