Pasco Sheriff's Office Legal Process Overview
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Questions and Answers

Who is responsible for accepting service for all personnel in the Field Operations Bureau?

  • The Strategic Initiatives bureau secretary
  • The on-duty day shift Lieutenant or designee in each district office (correct)
  • The Major Crimes Lieutenant or designee
  • The Special Operations Lieutenant or designee
  • Which bureau's secretary is responsible for accepting service for all personnel within their branch, except for the Undersheriff?

  • Office of the Undersheriff (correct)
  • Community Engagement Bureau
  • Office of the Sheriff
  • Strategic Initiatives Bureau
  • In which bureau is the Major Crimes Lieutenant or designee responsible for accepting service?

  • Field Operations Bureau
  • Criminal Investigations and Intelligence Bureau (correct)
  • Joint Operations Bureau
  • Administrative Operations Branch
  • Which bureau's executive assistant is responsible for accepting service for all of their personnel, except for the Sheriff?

    <p>Office of the Sheriff (C)</p> Signup and view all the answers

    Who is responsible for accepting service for personnel within the Administrative Operations branch?

    <p>The Strategic Initiatives Bureau secretary (D)</p> Signup and view all the answers

    If the appropriate designated agent is not available, who may accept service for a member of the Operational Logistics Bureau?

    <p>The Administrative Services executive assistant (B)</p> Signup and view all the answers

    Which of these personnel is designated to accept service for all personnel within their respective bureau?

    <p>The Major Crimes Lieutenant (A), The Administrative Services executive assistant (B), The Special Operations Lieutenant (C)</p> Signup and view all the answers

    With whom should a private process server attempting to serve the Sheriff be directed?

    <p>The General Counsel (C)</p> Signup and view all the answers

    What is the purpose of the Sheriff's return of process?

    <p>To document the service of process and provide evidence of its proper execution. (A)</p> Signup and view all the answers

    According to the content, what information must be included when documenting the seizure of personal property?

    <p>All defects, scratches, and marks will be noted. (B), Any identification/serial/model/registration number will be noted. (D), The name of the person(s) or corporation(s) from whom the property was received. (F)</p> Signup and view all the answers

    When a writ of possession is served for a residence, what specific action is required of the Civil Process Unit deputy?

    <p>Post a copy of the writ on the front main entrance of the premises. (E)</p> Signup and view all the answers

    What is the significance of recording the mileage on a seized motor vehicle?

    <p>To calculate the cost of towing and storage. (A), To ensure the vehicle is transported safely and securely. (C), To keep track of potential damages during the seizure and impoundment. (E)</p> Signup and view all the answers

    According to the content, what is the minimum time a tenant is allowed to vacate a residence after a writ of possession is served, unless otherwise specified in the writ?

    <p>24 hours (C)</p> Signup and view all the answers

    Who must approve the seizure of real or personal property?

    <p>The Civil Process Supervisor (A)</p> Signup and view all the answers

    What is the primary function of the Sheriff’s return of process?

    <p>To ensure that the proper legal procedures have been followed. (C)</p> Signup and view all the answers

    What is the importance of the manner in which service is obtained in the return?

    <p>It determines the validity and enforceability of the process. (D)</p> Signup and view all the answers

    What method is used for serving process if the only available address for a person is a private mailbox?

    <p>Leaving a copy with the person in charge of the mailbox (C)</p> Signup and view all the answers

    What does Florida Statute 48.062 outline?

    <p>Service on domestic limited liability companies (D)</p> Signup and view all the answers

    If a process server needs to personally serve a member, what must the employer do?

    <p>Make the member reasonably available for service (B)</p> Signup and view all the answers

    What can happen if an employer fails to comply with a process server's request to serve a member?

    <p>They may incur a fine of up to $1,000.00 (A)</p> Signup and view all the answers

    Under which condition is a designated employee not required to accept service of a subpoena?

    <p>The witness is no longer employed by the agency (A)</p> Signup and view all the answers

    What is the protocol for serving a criminal witness subpoena to a law enforcement officer?

    <p>Serving through a designated administrative employee (B)</p> Signup and view all the answers

    Which Florida Statute outlines service of process for the removal of unknown parties in possession?

    <p>F.S. 48.184 (D)</p> Signup and view all the answers

    What must a process server do before serving a person at a private mailbox?

    <p>Verify that the person maintains a mailbox at that location (B)</p> Signup and view all the answers

    Who selects the members of the Sheriff's executive staff in Pasco County?

    <p>The Sheriff (B)</p> Signup and view all the answers

    What is the main function of legal process as defined?

    <p>To obtain jurisdiction and compel appearances in court (C)</p> Signup and view all the answers

    Which of the following is not classified as a writ?

    <p>Subpoena (A)</p> Signup and view all the answers

    What is the role of private process servers?

    <p>To deliver legal documents and confirm service (D)</p> Signup and view all the answers

    What do tax warrants require in terms of enforcement?

    <p>No arrest, only payment of owed taxes (B)</p> Signup and view all the answers

    Which document demands the arrest of a named individual?

    <p>Warrant (D)</p> Signup and view all the answers

    What is the purpose of a return in legal terms?

    <p>To certify compliance or noncompliance in service of process (D)</p> Signup and view all the answers

    Which of the following is a type of legal process that is enforceable?

    <p>Writ of replevin (A)</p> Signup and view all the answers

    What is the primary responsibility of the Behavioral Health Intervention Lieutenant?

    <p>Accepting service for all personnel within their bureau. (A)</p> Signup and view all the answers

    What is the minimum number of working days required for verification of service before the appearance date?

    <p>Five (5) working days (A)</p> Signup and view all the answers

    Which of the following must be verified regarding the respondent before accepting a subpoena?

    <p>Whether the respondent is a current employee. (D)</p> Signup and view all the answers

    What should happen if the designated agent cannot personally deliver a subpoena to a respondent on an evening shift?

    <p>A copy of the subpoena must be stamped and attached to the original. (A)</p> Signup and view all the answers

    Which document must contain the name of the respondent and the scheduled date of appearance?

    <p>Private Process Subpoena Log (B)</p> Signup and view all the answers

    Who is responsible for signing the log if the designated agent is unable to deliver the subpoena personally?

    <p>The lieutenant/captain of the respondent. (B)</p> Signup and view all the answers

    What should be done with the original process once it has been served?

    <p>The deputy should never leave the original process with the person served. (B)</p> Signup and view all the answers

    Which of the following is NOT a required action when accepting a subpoena?

    <p>Obtain written consent from the respondent prior to delivering the subpoena. (C)</p> Signup and view all the answers

    When does the 24-hour period for an eviction notice commence?

    <p>Immediately upon the posting of the 24-hour notice. (B)</p> Signup and view all the answers

    If the 24-hour period ends on a Saturday, Sunday, or legal holiday, what happens?

    <p>The 24-hour period will continue until the same time on the next day that is not a Saturday, Sunday, or legal holiday. (D)</p> Signup and view all the answers

    Who is responsible for arranging the date and time to turn over the property after the writ of possession is posted?

    <p>The landlord or their authorized representative. (D)</p> Signup and view all the answers

    What is the primary responsibility of the Civil Process Unit deputy after the writ of possession is executed?

    <p>To ensure the property is vacant of persons and animals. (B)</p> Signup and view all the answers

    What is the procedure for a commercial eviction, as compared to a residential eviction?

    <p>The same procedure is followed, but a 24-hour notice may be required for commercial evictions, depending on the writ. (A)</p> Signup and view all the answers

    When can the landlord or their representative remove property from the premises after the writ of possession is executed?

    <p>Only after the writ is fully executed. (D)</p> Signup and view all the answers

    What information must be included on the writ of possession posted on the front entrance of a commercial property?

    <p>The name of the posting deputy, the time and date of the posting, and the reason for eviction. (A)</p> Signup and view all the answers

    What is the primary purpose of the Civil Process Unit deputy conducting a search of the premises after the writ of possession is executed?

    <p>To determine if there are any remaining occupants, including children or animals, who may be hiding on the premises. (A)</p> Signup and view all the answers

    Flashcards

    Service on Private Mailbox

    Substitute service can be made at a private mailbox if the person to be served has their mail there.

    Substitute Service

    Leaving a copy of legal documents with a person in charge if the primary recipient is unreachable.

    Private Mailbox Verification

    A process server must confirm the individual maintains a mailbox at that private location.

    Domestic Limited Liability Company Service

    Service on domestic LLCs follows procedures in Florida Statute 48.062.

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    Service on Agents of Nonresidents

    Follows procedures outlined in Florida Statute 48.071 for nonresident businesses.

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    Witness Subpoenas Service

    Service can be done personally or by designated locations in criminal or civil cases.

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    Employer Compliance for Subpoenas

    Employers must make employees available for subpoena service; noncompliance can incur fines.

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    Service for Law Enforcement Subpoenas

    Can be served to designated employees at a law enforcement agency's workplace under certain conditions.

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    Service Personnel Responsibility

    Executive secretaries are responsible for accepting service for personnel in their bureaus.

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    General Counsel Direction

    Private process servers attempting to serve the Sheriff must be referred to the General Counsel.

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    Civil Process Limitation

    Civil process from private servers must be job-related; personal processes are not accepted.

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    Alternate Service Acceptance

    If a designated agent is unavailable, specific officers may accept service temporarily.

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    Field Operations Bureau

    The day shift Lieutenant or designee accepts service for law enforcement personnel in their district.

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    Criminal Investigations Bureau

    The Major Crimes Lieutenant or designee accepts service for all personnel within their bureau.

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    Joint Operations Bureau

    The Special Operations Lieutenant or designee is responsible for accepting service within this bureau.

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    Community Engagement Bureau

    The Community Engagement Administrator accepts service for personnel in this bureau.

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    Sheriff's Return of Process

    Evidence that service of legal documents was made according to law.

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    Jurisdiction Acquisition

    The court gains authority over a party served through proper service.

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    Manner of Service

    Details on how service was executed or reasons for non-service.

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    Seizure of Property

    Legal action to take possession of real/personal property per court order.

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    Certified Law Enforcement Deputies

    Authorized personnel executing property seizure.

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    Inventory Documentation

    Record details of seized property including condition and ownership.

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    Motor Vehicle Seizure

    Special procedures to document and store vehicles during seizure.

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    Writ of Possession for Residence

    Legal document allowing eviction, requiring notification by posting.

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    24-Hour Notice Start

    The 24-hour period starts when the notice is posted.

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    Delayed Notice Period

    If a notice ends on a weekend or holiday, it extends to the next business day.

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    Writ of Possession Contact

    Deputy contacts landlord/agent before property turnover.

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    Premises Search Purpose

    Deputy searches premises for hiding persons or animals.

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    Documenting Service of Writ

    Execution of writ documented in the CAD system by deputy.

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    Authorized Representative

    Only the authorized person can remove property after writ execution.

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    Commercial Writ Handling

    Similar to residential, but no 24-hour notice unless specified in writ.

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    Writ Posting Requirements

    Deputy posts writ on premises, includes deputy name & posting time.

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    Behavioral Health Intervention Lieutenant

    Officer responsible for services in the Strategic Initiatives Bureau.

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    Acceptance of Subpoenas

    Process of accepting subpoenas for criminal witnesses by designated personnel.

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    Verification of Process Server

    Confirm the identification of a process server before accepting subpoenas.

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    Time Requirement for Service

    Subpoena must be served at least five working days before appearance.

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    Related Duties Verification

    Ensure the subpoena relates to official duties of the employee.

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    Private Process Subpoena Log

    A log recording details of received subpoenas for tracking and accountability.

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    Delivery of Subpoena

    Subpoena must be personally delivered within a specified timeframe.

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    Return of Process Guidelines

    Rules stating that deputies should not leave original documents with served individuals.

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    Legal Process

    The means by which a court compels defendants to appear and obtain jurisdiction.

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    Private Process Servers

    Individuals over 18 who deliver legal documents and return proof of service.

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    Summons

    A court document requiring a person to take action in a legal matter.

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    Warrant

    A document signed by a magistrate demanding the arrest of an individual.

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    Tax Warrant

    An order issued by a state agency for money owed, enforceable like a writ.

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    Return

    Certificate of service documenting compliance or noncompliance in delivering process.

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    Writ

    An order requiring or prohibiting the performance of an action.

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    Service

    The delivery of any legal document or item of legal process.

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    Study Notes

    • Effective Date: August 26, 2024
    • Supersedes: June 21, 2024
    • Accreditation Standards: CFA 24.01, 24.02
    • Number of Pages: 12

    Purpose

    • To create guidelines and procedures for efficient court document service.

    Scope

    • Applies to all office members.

    Policy

    • Legal process service adheres to Florida Statutes, Chapter 48 and this order.
    • Only law enforcement deputies execute civil arrest orders or property seizure writs.
    • Domestic Violence Injunctions (F.S. 741.30) follow General Order 41.8.
    • The Civil Process Unit records process receipt and assigns to a deputy.
    • Recorded information includes date/time received, type of legal process, nature of document, source, plaintiff/defendant names, assigned deputy, assignment date, court docket number, and service due date.
    • Post-execution/attempted service records include the date/time, deputy name, person served/attempted, service method/reason for non-service, and service address.

    Procedure - Service of Process (General)

    • Civil deputies must understand the writ's contents, dates, and time requirements.
    • Personal service involves delivering copies and the deputy's signature to the person.
    • Substituted service uses a competent person at the person's residence if contact is impossible.
    • Deputies must not discuss case merits, offer legal advice, or recommend attorneys.

    Procedure - Methods of Service

    • Personal Service: Delivering a copy of the process with service time/date and signature. A copy of related filings, such as complaints, must also be included. If refusal to accept occurs, the copy should be placed on a table or floor in the person's presence.
    • Substitute Service: Service of the process to a competent person, 15 years or older, residing at the person's usual address. A copy of the filing, such as a complaint, must accompany the process. The server must give a description of the contents of the process.

    Procedure - Witness Subpoenas (Non-Private Processes)

    • Witness subpoenas are served in accordance with Section III A and B methods.
    • Members can be served personally without substitute service.
    • If an employer prevents a member from being served, the employer faces a fine.
    • Special service rules apply for federal, state, and municipal employees subpoenaed in a criminal case.

    Procedure - Private Process Servers

    • Private process servers following substitute service procedures need to be directed to the appropriate designated agent.
    • Agents will personally serve/obtain signatures on the subpoena and return it to the Civil Process Unit.

    Procedure - Seizure of Property

    • Certified law enforcement deputies are responsible for executing writs that require property seizure, after approval.
    • Records, including location, deficiencies, and inventory details, must be kept.
    • Real or personal property seizure procedures exist for various scenarios, including residences (requiring 24-hour notice), and commercial property (no 24-hour notice unless required by the writ).

    Procedure - Returns of Process

    • Deputies must document actions and return the original process to the issuing court, including the manner in which service was obtained.
    • Returns are evidence of service and can affect subsequent proceedings.

    Glossary (Key Terms)

    • Terms like "complainant," "defendant," "diligent search," "executive staff," and "legal process" are defined.
    • Other terms like "civil process," "private process servers," "property seizure," etc., are defined.

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    Description

    This quiz covers the guidelines and procedures outlined in Pasco Sheriff's Office General Order 74.1 regarding the service of court documents. It focuses on the policies that govern legal processes as per Florida law and the specific role of law enforcement in executing these orders. Test your knowledge on the specific requirements and procedures involved in the legal process service.

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