[RPPTL LandTen] Legislative Changes

Wed Jan 26 07:37:13 PST 2011

Hi All,

I wrote up the original wording for HB 0291 for the Florida Apartment
Association but bill drafting in Tallahassee  came up with their own version
that has some problems. You will note that in their drafting, they limited
it to private process servers only in the 83.62 eviction setting. What about
foreclosures?

Please see my original wording below. I have no idea why they changed it so
much.

I would like to see the RPPTL section support this legislation once it is
amended.  It will alleviate some of the delays in getting the writ served
and take some burden off the sheriff's departments who have had budget cuts.
In Pinellas for example, the sheriff does not want to serve process at all.
It is a money loser for them. Many of the sheriffs will argue that they
handle these quickly but in the larger counties, there is a serious delay.
You will also hear a "safety" argument but remember, this is "service", not
"execution"

If you have any concerns, please contact Chip Tatum who is the Government
Affairs Director for the Florida Apartment Association.  We are the ones
pushing for this and he is your main contact.   Chip's email  is
chip at fl-apartments.org  and chip at aago.org Chip's cell is 321-277-8401 and
office is 407-647-8839.

Harry Heist

---BEGIN DRAFT LEGISLATION---

48.27 Certified process servers.

(1) The chief judge of each judicial circuit may establish an approved list
of natural persons designated as certified process servers. The chief judge
may periodically add to such list the names of those natural persons who
have met the requirements for certification provided for in s. 48.29. Each
person whose name has been added to the approved list is subject to annual
recertification and reappointment by the chief judge of a judicial circuit.
The chief judge shall prescribe appropriate forms for application for
inclusion on the list of certified process servers. A reasonable fee for the
processing of any such application must be charged.

(2)(a) The addition of a person's name to the list authorizes him or her to
serve initial nonenforceable civil process on a person found within the
circuit where the process server is certified or a writ of possession in an
action for possession of real property when a civil action has been filed
against such person in the circuit court or in a county court in the state.
Upon filing an action in circuit or county court, a person may select from
the list for the circuit where the process is to be served one or more
certified process servers to serve initial nonenforceable civil process.

(b) The addition of a person's name to the list authorizes him or her to
serve criminal witness subpoenas and criminal summonses on a person found
within the circuit where the process server is certified. The state in any
proceeding or investigation by a grand jury or any party in a criminal
action, prosecution, or proceeding may select from the list for the circuit
where the process is to be served one or more certified process servers to
serve the subpoena or summons.

(3) Nothing herein shall be interpreted to exclude a sheriff or deputy or
other person appointed by the sheriff pursuant to s. 48.021 from serving
process or to exclude a person from appointment by individual motion and
order to serve process in any civil action in accordance with Rule 1.070(b)
of the Florida Rules of Civil Procedure.

83.62  Restoration of possession to landlord.-- 

(1)  In an action for possession, after entry of judgment in favor of the
landlord, the clerk shall issue a writ to the sheriff or person authorized
under Florida law to serve process describing the premises and commanding
the sheriff to put the landlord in possession after 24 hours' notice
conspicuously posted on the premises. 

(2)  At the time the sheriff executes the writ of possession or at any time
thereafter, the landlord or the landlord's agent may remove any personal
property found on the premises to or near the property line. Subsequent to
executing the writ of possession, the landlord may request the sheriff to
stand by to keep the peace while the landlord changes the locks and removes
the personal property from the premises. When such a request is made, the
sheriff may charge a reasonable hourly rate, and the person requesting the
sheriff to stand by to keep the peace shall be responsible for paying the
reasonable hourly rate set by the sheriff. Neither the sheriff nor the
landlord or the landlord's agent shall be liable to the tenant or any other
party for the loss, destruction, or damage to the property after it has been
removed. 

---END DRAFT LEGISLATION---

LAW OFFICES OF 
HEIST, WEISSE & DAVIS, P.A.
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FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com <http://www.evict.com/>  
Email: harry at evict.com

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Neil B. Shoter
Sent: Wednesday, January 26, 2011 9:24 AM
To: 'RPPTL Landlord Tenant Committee'
Cc: 'Law Offices of Scott A. Frank'
Subject: [RPPTL LandTen] Legislative Changes

Our Committee has been asked to give input on the following proposed bills.
If you have any comments on the proposed changes as they relate to
Landlord/Tenant practice, please email Scott Frank, our Co-Chair and
legislative coordinator as soon as possible as we have only two days in
which to respond to the RPPTL Section on these.

House Bills 0059 (same as SB 328) - Giving process servers "unannounced"
access to residential common areas and gated communities to effect service.

HB 0291 (same SB 0426) - Amends 83.62.   Allowing process servers to post a
writ of possession in addition to the sheriff in residential cases.    

SB 176 - Relating in parts to affordable housing matters. 

Please send any comments to Scott at your earliest convenience.

Neil Shoter

Chair

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Neil B. Shoter 
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