| 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.; conforming |
| 6 | provisions; providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 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 |
| 42 | in 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 |
| 48 | possession or at any time thereafter, the landlord or the |
| 49 | landlord's agent may remove any personal property found on the |
| 50 | premises to or near the property line. Subsequent to executing |
| 51 | the writ of possession, the landlord may request the sheriff to |
| 52 | stand by to keep the peace while the landlord changes the locks |
| 53 | and removes the personal property from the premises. When such a |
| 54 | request is made, the sheriff may charge a reasonable hourly |
| 55 | rate, and the person requesting the sheriff to stand by to keep |
| 56 | the peace shall be responsible for paying the reasonable hourly |
| 57 | rate set by the sheriff. Neither the sheriff nor the landlord or |
| 58 | the 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. |