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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