Florida Senate - 2011 SB 426 By Senator Latvala 16-00327A-11 2011426__ 1 A bill to be entitled 2 An act relating to residential tenancies; amending s. 3 48.27, F.S.; authorizing certified process servers to 4 serve writs of possession in actions for possession of 5 residential property; amending s. 83.62, F.S.; 6 conforming provisions; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Subsection (2) of section 48.27, Florida 11 Statutes, is amended to read: 12 48.27 Certified process servers.— 13 (2)(a) The addition of a person’s name to the list 14 authorizes him or her to serve initial nonenforceable civil 15 process on a person found within the circuit where the process 16 server is certified when a civil action has been filed against 17 such person in the circuit court or in a county court in the 18 state. Upon filing an action in circuit or county court, a 19 person may select from the list for the circuit where the 20 process is to be served one or more certified process servers to 21 serve initial nonenforceable civil process. 22 (b) The addition of a person’s name to the list authorizes 23 him or her to serve criminal witness subpoenas and criminal 24 summonses on a person found within the circuit where the process 25 server is certified. The state in any proceeding or 26 investigation by a grand jury or any party in a criminal action, 27 prosecution, or proceeding may select from the list for the 28 circuit where the process is to be served one or more certified 29 process servers to serve the subpoena or summons. 30 (c) The addition of a person’s name to the list also 31 authorizes him or her to serve writs of possession in actions 32 for possession of real property pursuant to s. 83.62 on a person 33 found within the circuit where the process server is certified. 34 Upon entry of judgment in favor of the landlord and issuance of 35 a writ by the clerk, a person 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 writ. 38 Section 2. Section 83.62, Florida Statutes, is amended to 39 read: 40 83.62 Restoration of possession to landlord.— 41 (1) In an action for possession, after entry of judgment in 42 favor of the landlord, the clerk shall issue a writ to the 43 sheriff, or other person authorized by s. 48.27 to serve 44 process, describing the premises and commanding the sheriff to 45 put the landlord in possession after 24 hours’ notice 46 conspicuously posted on the premises. 47 (2) At the time the sheriff executes the writ of possession 48 or at any time thereafter, the landlord or the landlord’s agent 49 may remove any personal property found on the premises to or 50 near the property line. Subsequent to executing the writ of 51 possession, the landlord may request the sheriff to stand by to 52 keep the peace while the landlord changes the locks and removes 53 the personal property from the premises. When such a request is 54 made, the sheriff may charge a reasonable hourly rate, and the 55 person requesting the sheriff to stand by to keep the peace 56 shall be responsible for paying the reasonable hourly rate set 57 by the sheriff. Neither the sheriff nor the landlord or the 58 landlord’s agent shall be liable to the tenant or any other 59 party for the loss, destruction, or damage to the property after 60 it has been removed. 61 Section 3. This act shall take effect July 1, 2011.