Bill Text: FL S0426 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Service of Process

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0426 Detail]

Download: Florida-2011-S0426-Introduced.html

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       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.