Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 426 Barcode 744044 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/08/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 thewrit 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.