| 1 | A bill to be entitled |
| 2 | An act relating to service of process; amending ss. 48.021 |
| 3 | and 48.27, F.S.; authorizing certified process servers in |
| 4 | certain counties to serve writs of possession in actions |
| 5 | for possession of residential property; amending s. 83.62, |
| 6 | F.S.; authorizing a landlord to select a certified process |
| 7 | server to serve a writ of possession; requiring a |
| 8 | certified process server to provide notice of the posting |
| 9 | of the writ to the sheriff; conforming provisions; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 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. This |
| 51 | paragraph applies only to a county as defined in s. 125.011. |
| 52 | Section 3. Section 83.62, Florida Statutes, is amended to |
| 53 | read: |
| 54 | 83.62 Restoration of possession to landlord.- |
| 55 | (1) In an action for possession, after entry of judgment |
| 56 | in favor of the landlord, the clerk shall issue a writ to the |
| 57 | sheriff, or other person selected by the landlord and authorized |
| 58 | by s. 48.27 to serve process, describing the premises and |
| 59 | commanding the sheriff to put the landlord in possession after |
| 60 | 24 hours' notice conspicuously posted on the premises. Upon |
| 61 | entry of judgment in favor of the landlord and issuance of a |
| 62 | writ by the clerk, the landlord may select from the list for the |
| 63 | circuit where the process is to be served one or more certified |
| 64 | process servers to serve the writ. Upon the posting of the writ |
| 65 | on the premises, the certified process server shall, within 12 |
| 66 | hours after the posting of the writ, provide written notice to |
| 67 | the sheriff, including the date and time the writ was posted on |
| 68 | the premises. |
| 69 | (2) At the time the sheriff executes the writ of |
| 70 | possession is executed or at any time thereafter, the landlord |
| 71 | or the landlord's agent may remove any personal property found |
| 72 | on the premises to or near the property line. Subsequent to |
| 73 | executing the writ of possession, the landlord may request the |
| 74 | sheriff to stand by to keep the peace while the landlord changes |
| 75 | the locks and removes the personal property from the premises. |
| 76 | When such a request is made, the sheriff may charge a reasonable |
| 77 | hourly rate, and the person requesting the sheriff to stand by |
| 78 | to keep the peace shall be responsible for paying the reasonable |
| 79 | hourly rate set by the sheriff. Neither the sheriff nor the |
| 80 | landlord or the landlord's agent shall be liable to the tenant |
| 81 | or any other party for the loss, destruction, or damage to the |
| 82 | property after it has been removed. |
| 83 | Section 4. This act shall take effect July 1, 2011. |