Florida Senate - 2011 CS for SB 426 By the Committee on Judiciary; and Senator Latvala 590-01823-11 2011426c1 1 A bill to be entitled 2 An act relating to service of process; amending ss. 3 48.021 and 48.27, F.S.; authorizing certified process 4 servers to serve writs of possession in actions for 5 possession of residential property; amending s. 83.62, 6 F.S.; authorizing a landlord to select a certified 7 process server to serve a writ of possession; 8 requiring a certified process server to provide notice 9 of the posting of the writ to the sheriff; conforming 10 provisions; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (1) of section 48.021, Florida 15 Statutes, is amended to read: 16 48.021 Process; by whom served.— 17 (1) All process shall be served by the sheriff of the 18 county where the person to be served is found, except initial 19 nonenforceable civil process, criminal witness subpoenas, and 20 criminal summonses may be served by a special process server 21 appointed by the sheriff as provided for in this section or by a 22 certified process server as provided for in ss. 48.25-48.31. 23 Civil witness subpoenas may be served by any person authorized 24 by rules of civil procedure. A writ of possession in an action 25 for possession of real property under s. 83.62 may be served by 26 a certified process server as provided in s. 48.27. 27 Section 2. Subsection (2) of section 48.27, Florida 28 Statutes, is amended to read: 29 48.27 Certified process servers.— 30 (2)(a) The addition of a person’s name to the list 31 authorizes him or her to serve initial nonenforceable civil 32 process on a person found within the circuit where the process 33 server is certified when a civil action has been filed against 34 such person in the circuit court or in a county court in the 35 state. Upon filing an action in circuit or county court, a 36 person may select from the list for the circuit where the 37 process is to be served one or more certified process servers to 38 serve initial nonenforceable civil process. 39 (b) The addition of a person’s name to the list authorizes 40 him or her to serve criminal witness subpoenas and criminal 41 summonses on a person found within the circuit where the process 42 server is certified. The state in any proceeding or 43 investigation by a grand jury or any party in a criminal action, 44 prosecution, or proceeding may select from the list for the 45 circuit where the process is to be served one or more certified 46 process servers to serve the subpoena or summons. 47 (c) The addition of a person’s name to the list also 48 authorizes him or her to serve a writ of possession in an action 49 for possession of real property under s. 83.62 on a person found 50 within the circuit where the process server is certified. 51 Section 3. Section 83.62, Florida Statutes, is amended to 52 read: 53 83.62 Restoration of possession to landlord.— 54 (1) In an action for possession, after entry of judgment in 55 favor of the landlord, the clerk shall issue a writ to the 56 sheriff, or other person selected by the landlord and authorized 57 by s. 48.27 to serve process, describing the premises and 58 commanding the sheriff to put the landlord in possession after 59 24 hours’ notice conspicuously posted on the premises. Upon 60 entry of judgment in favor of the landlord and issuance of a 61 writ by the clerk, the landlord may select from the list for the 62 circuit where the process is to be served one or more certified 63 process servers to serve the writ. Upon the posting of the writ 64 on the premises, the certified process server shall, within 12 65 hours after the posting of the writ, provide written notice to 66 the sheriff including the date and time the writ was posted on 67 the premises. 68 (2) At the time the
sheriff executes thewrit of possession 69 is executed or at any time thereafter, the landlord or the 70 landlord’s agent may remove any personal property found on the 71 premises to or near the property line. Subsequent to executing 72 the writ of possession, the landlord may request the sheriff to 73 stand by to keep the peace while the landlord changes the locks 74 and removes the personal property from the premises. When such a 75 request is made, the sheriff may charge a reasonable hourly 76 rate, and the person requesting the sheriff to stand by to keep 77 the peace shall be responsible for paying the reasonable hourly 78 rate set by the sheriff. Neither the sheriff nor the landlord or 79 the landlord’s agent shall be liable to the tenant or any other 80 party for the loss, destruction, or damage to the property after 81 it has been removed. 82 Section 4. This act shall take effect July 1, 2011.