Pasco Sheriff's Office General Order 74.1 Legal Process PDF

PASCO SHERIFF’S OFFICE GENERAL ORDER TITLE: LEGAL PROCESS GENERAL ORDER: 74.1 EFFECTIVE: AUGUST 26, 2024 SUPERSEDES: JUNE 21, 2024 ACCREDITATION STANDARDS: CFA 24.01, 24.02 PAGES:...

PASCO SHERIFF’S OFFICE GENERAL ORDER TITLE: LEGAL PROCESS GENERAL ORDER: 74.1 EFFECTIVE: AUGUST 26, 2024 SUPERSEDES: JUNE 21, 2024 ACCREDITATION STANDARDS: CFA 24.01, 24.02 PAGES: 12 CONTENTS: This order consists of the following numbered sections: I. RECORDING LEGAL PROCESS II. SERVICE OF PROCESS (General) III. METHODS OF SERVICE IV. WITNESS SUBPOENAS (Other than Private Process) V. PRIVATE PROCESS SERVERS VI. RETURN OF PROCESS VII. SEIZURE OF PROPERTY VIII. EXECUTIVE STAFF IX. GLOSSARY PURPOSE: To establish guidelines and procedures for the effective and timely service of court documents. SCOPE: This order applies to all members. DISCUSSION: F.S. 30.15 authorizes the Sheriff, or his agent, to execute all process. The civil deputy serves the writ, signs the return, and in general, performs the functions of service. POLICY: Legal process will be served in accordance with F.S. Chapter 48 and this order. Only law enforcement deputies will execute orders for civil arrests or writs requiring the seizure of real or personal property. The service of Domestic Violence Injunctions pursuant to F.S. 741.30 is dis- cussed in General Order 41.8, Protective Injunctions, Ex parte Orders, and Risk Protection Orders. 1 PROCEDURE: I. RECORDING LEGAL PROCESS: A. The Civil Process Unit is responsible for properly recording the receipt of legal process and assigning the process to a civil deputy for service or execution. When the process is received into the Civil Process Unit, the following information will be recorded on each item of process: 1. Date and time received; 2. Type of legal process; 3. Nature of the document; 4. Source of the document; 5. Name of plaintiff/complainant, or 6. Name of defendant/respondent; 7. Deputy assigned for service; 8. Date of assignment; 9. Court docket number; and 10. Date service due. B. After the process has been recorded, each item will be assigned to a civil deputy for service. Upon execution or attempted service, the following information will be recorded: 1. Date and time service was executed/attempted; [CFA 24.02] 2. Name of deputy executing/attempting service; [CFA 24.02] 3. Name of person on whom legal process was served/executed; [CFA 24.02] 4. Method of service/reason for non-service; and [CFA 24.02] 5. Address of service/attempt. [CFA 24.02] II. SERVICE OF PROCESS (General): The civil deputy must read each writ and become familiar with its contents, especially the dates and time requirement imposed by the writ on the person being served. The civil deputy will contact the person to be served in person. If personal contact is not possible, substitute service will be used in conformance with F.S. 48.031 (2), (a), (b), and F.S. 48.061. In every case, the deputy must identify him or herself. The deputy must not argue or discuss the merits of the case, offer legal advice, or recommend an attorney. After service, the civil deputy must complete and sign a return that includes a statement of the manner of service. When service is not made, 2 the return should include a statement of the reason(s) for non-service. [CFA 24.01] A. Deputies will not use force when serving civil process except when necessary in self-defense. However, deputies may use reasonable and necessary force, as stated in the court order, when executing enforceable process. (Refer to the general order indexed as Use of Force). B. Process will not be served on Sunday without special authorization ordered by a judge. C. Civil process will not be served outside Pasco County. D. Deputies are not required to read or explain the process being served, except when making substitute service, or when dealing with an alleged incompetent person under F.S. 744.331. Deputies should be as patient and helpful as possible. E. The Civil Process Unit serves legal process in accordance with Chapter 48, Florida Statutes, the Florida Rules of Procedure, and this General Order. Any party or entity requiring service outside of these (for example, service of process in conformance with the rules and procedures of any other state, which are contrary to those of Florida) should be referred to an appointed Special Process Server. III. METHODS OF SERVICE: The types of service include, but are not limited to the following: [CFA 24.01] A. Personal Service: Personal service is made by delivering a true copy of the process to the person named on the process, with the time and date of service, and the signature of the deputy thereon. A copy of the complaint, petition, or other initial pleading or paper must accompany the process. If the named person refuses to accept service, the deputy should lay the copy of the writ on the table or floor in the person’s presence. This will constitute a legal service. B. Substitute Service: Substitute service is made by leaving a true copy of the process with any competent person that is not a party to the action, 15 years of age or over and resides at the usual place of abode of the person named on the process. The member serving the process must enter the time and date of service on the true copy, affix his or her signature thereon, and inform the person receiving the substitute service of the contents of the process. A copy of the complaint, petition, or other initial pleading or paper must accompany the process. 1. Substitute service may be made on the spouse of the person to be served at any place in the county if the cause of action is not an adversarial proceeding between the spouse and the person to be served, if the spouse requests such service, and if the spouse and person to be served are residing together in the same dwelling. 2. Substitute service may be made on an individual doing business as a sole proprietorship at his place of business, during regular business hours, by serving the manager of the business if two or more attempts have been made to serve the owner at the place of business. [F.S. 48.031(2)(b)]. 3 C. Service on a Domestic Corporation or Registered Foreign Corporation shall be as outlined in Florida Statute 48.081. D. Service on Dissolved Corporations, Dissolved Limited Liability Companies, Dissolved Limited Partnerships, and Dissolved Limited Liability Partnerships shall be as outlined in Florida Statute 48.101. E. Posted Service: Posted service is made by attaching a copy of the process, together with a copy of the complaint or petition, to a conspicuous place on the property described in the process, when the named tenant cannot be found and there is no person of the tenant’s family more than 15 years of age at the usual place of abode. Posted service may be served on the third visit to the residence of the known tenant. F. Service on Public Agencies and Officers shall be as outlined in Florida Statute 48.111. G. Service on Partnerships, Limited Liability Partnerships, and Limited Partnerships Partnership Service shall be as outlined in Florida Statute 48.061. H. Service on State Prisoner: Process against a state prisoner will be served on the prisoner by delivery to the prisoner. I. Service on the State: When the state is sued, process against the state will be served on the State Attorney or an Assistant State Attorney for the judicial circuit within which the action is brought, and by sending two copies of the process by registered or certified mail to the Attorney General (the latter is done by the party requesting service). J. Service on Insurance Companies: Service of process on insurance companies is accomplished by serving upon the insurance commissioner or upon the assistant, employee or other per- son in charge of the office, as process agent of the insured, copies in triplicate of the process. K. Service on Minors: Process against a minor who has never been married will be served as follows: 1. By serving a parent or guardian of the minor; 2. When there is a legal guardian appointed for the minor, by serving the guardian as provided for in F.S. 48.031; or 3. By serving the process on the guardian ad litem or other person, if one is appointed by the court to represent the minor. Service on the guardian ad litem is necessary when the minor appears voluntarily, or when the court orders them to appear without service of process. L. Non-Service: Non-service indicates that a diligent search and inquiry failed to locate the person/business named in the process. Additional information can be found in F.S. Chapter 48. M. Service of Out-of-State Orders: The Sheriff or designee may serve civil process issued from a court other than Florida; however, the authority is limited to the service of process and will not 4  be interpreted to permit any action against real property, personal property, or persons, even though directed to do so by the out-of-state court. F.S. 48.195 provides remedies for the domestication of out-of-state orders through Florida courts. N. Service on Incompetents: Service on a person declared incompetent will be made by delivering two copies of the process to the person who has care or custody of the incompetent, the legal guardian as provided in F.S. 48.031, or a guardian ad litem appointed by the court. (CFA 32.02 E) If this service is an Incapacitation Order, the order must be read in its entirety to the incapacitated person. O. Service on Private Mailbox: If the only address for a person to be served, which is discoverable through public records, is a private mailbox, substitute service may be made by leaving a copy of the process with the person in charge of the private mailbox, but only if the process server determines the person to be served maintains a mailbox at that location. F.S. 48.031(6). P. Service on a Domestic Limited Liability Company or Registered Foreign Limited Liability Company shall be as outlined in Florida Statute 48.062. Q. Service on Agents of Nonresidents Doing Business in the State shall be as outlined in Florida Statute 48.071. R. Service of Process for Removal of Unknown Parties in Possession shall be as outlined in Florida Statute 48.184. IV. WITNESS SUBPOENAS (Other than Private Process): A. Service of Witness Subpoenas: The service of witness subpoenas, whether in criminal cases or civil actions, is to be made as provided in Section III A and B. 1. Members may be personally served with criminal and/or civil witness subpoenas in lieu of substitute service. In the event a process server requests to personally serve a member, the member shall be made reasonably available for service if they are working and the process server shall be allowed to serve the member in a private area designated by the Sheriff’s Office. An employer who fails to comply commits a noncriminal violation, punishable by a fine of up to $1,000.00. F.S. 48.031(1)(b). B. Service of a criminal witness subpoena upon a law enforcement officer or upon any federal, state, or municipal employee called to testify in an official capacity in a criminal case may be made as provided in Section III A and B and Section IV.A.1, or by delivery to a designated supervisory or administrative employee at the witness’ place of employment if the agency head or highest ranking official at the witness’ place of employment has designated such employee to accept such service. However, the designated employee is not required to accept service under the following conditions [F.S. 48.031 (4)(a)]: 1. The witness is no longer employed by the agency; 2. The witness is not scheduled to work before the date to appear; or 5  3. The appearance date is less than five days from the date of service. C. For substitute service of criminal witness subpoenas, the agency head or highest ranking official at the witness’ place of employment may determine the days of the week and the hours that service may be made at the witness’ place of employment. D. Any witness subpoena directed to any member (deputy, forensics investigator, etc.) and received by this agency by substitute service pursuant to F.S. 48.031 and this general order, will be delivered to the appropriate designated agent as outlined in this General Order. The designated agent will disburse subpoena(s) to the respective supervisor of the respondent. The supervisor will be responsible for personally serving the respondent and also obtaining the respondent’s signature on the subpoena and returning the subpoena to the Civil Process Unit. On all served, internal subpoenas, the Civil Process Unit will be responsible for verifying that the respondent’s signature is on the subpoena prior to returning it to the sender. V. PRIVATE PROCESS SERVERS: A. Private process servers who are attempting to serve a member via the Sheriff’s Office by substitute service will need to be directed to the appropriate designated agent where the member is assigned as outlined below: 1. In the Field Operations Bureau, the administrative secretary assigned to each district will be responsible for accepting service for all law enforcement personnel within their district. For other personnel not assigned to a specific district, the executive secretary for the bureau will be responsible for accepting service. 2. In the Criminal Investigations and Intelligence Bureau, the executive secretary for the bureau will be responsible for accepting service for all personnel in the bureau. 3. In the Administrative Operations branch, the executive assistant for the branch will be responsible for accepting service for all personnel in the bureau. 4. In the Operational Logistics Bureau, the executive secretary for the bureau will be responsible for accepting service for all personnel in the bureau. 5. In the Joint Operations Bureau, the executive secretary for the bureau will be responsible for accepting service for all personnel in the bureau, with the exception of the Special Operations Division. For the Special Operations Division, the administrative assistant for the division will be responsible for accepting service for all personnel in the Division. 6. For the Strategic Initiatives Bureau, the executive secretary will be responsible for accepting service for all personnel. 7. For the Community Engagement Bureau, the executive secretary will be responsible for accepting service for all personnel. 6  8. For the Office of the Undersheriff, the executive assistant will be responsible for accepting service for all personnel except the Undersheriff. Private process servers who are attempting to serve an Undersheriff need to be directed to the General Counsel. 9. For the Office of the Sheriff, private process servers who are attempting to serve the Sheriff need to be directed to the General Counsel. 10. All civil process received from a private process server must be pertaining to the employee’s job. Any process that is personal in nature may not be served to a designated agent and will not be accepted at any Sheriff’s Office location. B. If the appropriate designated agent is not available, the process server will have to return. No other member may accept papers for substitute service, unless the appropriate designated agent is unavailable due to vacation, sickness, or other situations involving an extended period of time; in that event, the following alternate may accept service on behalf of the member: 1. In the Field Operations Bureau, the on-duty day shift Lieutenant or designee in each district office will be responsible for accepting service for all law enforcement personnel within their district. 2. In the Criminal Investigations and Intelligence Bureau, the Major Crimes Lieutenant or designee be responsible for accepting service for all personnel within their bureau. 3. In the Joint Operations Bureau, the Special Operations Lieutenant or designee will be responsible for accepting service for all personnel within their bureau. 4. In the Administrative Operations branch, the Strategic Initiatives bureau secretary will be responsible for accepting service for all personnel within the branch. 5. In the Community Engagement Bureau, the Community Engagement Administrator will be responsible for accepting service for all personnel within their bureau. 6. In the Operational Logistics Bureau, the Administrative Services executive assistant will be responsible for accepting service for all personnel within their bureau. 7. In the Strategic Initiatives Bureau, the Behavioral Health Intervention Lieutenant will be responsible for accepting service for all personnel within their bureau. C. All designated agents and/or the alternate members noted above who are responsible for accepting subpoenas by substitute service from a private process server for a criminal witness subpoena will: 1. Verify the process server’s identification to confirm that he/she is an approved process server in Pasco County. 7  2. Verify that the date of service is at least five (5) working days prior to having to appear. 3. Verify that the respondent is a current employee, and is working prior to the appearance date. D. In addition to the above requirements for criminal witness subpoenas, all secretaries and/or the alternate members noted above who are responsible for accepting subpoenas by substitute service from a private process server for criminal and/or civil witness subpoena shall: 1. Verify that the type of process being accepted on behalf of an employee is related to duties performed on behalf of the Sheriff’s Office and not personal in nature. 2. Log each subpoena in the Private Process Subpoena Log [PSO #20172]. The log contains the: a. Date the subpoena is received; b. Name of respective designated agent accepting subpoena; c. Name of the respondent (employee); d. Scheduled date of appearance; e. Name of the party issuing the subpoena and the court case number; f. Date the subpoena is given to the respondent; and, g. Respondent’s signature, confirming delivery. 3. Personally deliver the subpoena to the respondent within the necessary timeframe. 4. If the respondent is on an evening shift and the designated agent has accepted service and is not able to personally serve the subpoena, make a copy, stamp it, and attach it to the original copy, and deliver it to the respondent’s lieutenant/captain who must: a. Sign the log; b. Personally serve the respondent; c. Leave one copy of the subpoena with the respondent and return the other copy back to the respective designated agent, who will complete the log and keep record of the served subpoena in accordance with the agency’s record retention policy. VI. RETURN OF PROCESS: A. The deputy should never leave the original process with the person served. It must be returned 8  to the court from which it was issued, with an accounting of the deputy’s actions. B. The Sheriff’s return of process is evidence that the service was made and the service conformed to the requirements of law. It is also notice that the court has acquired jurisdiction over the party served. It is important that the return clearly set forth the manner in which service was obtained. C. The nature of the return may affect further proceedings and rights of parties in the matter. Therefore, the return must describe the manner of service or, if applicable, the reasons for non- service upon the parties. VII. SEIZURE OF PROPERTY: All writs requiring the seizure of real or personal property will be executed by certified law enforcement deputies. No seizure of real or personal property will be attempted without prior approval of the Civil Process Supervisor. A. Recording and Accountability: All property, both real and personal, received pursuant to the service of legal process, will be accounted for and documented as follows: 1. A description of the real property, to include the address/directions to its location, will be maintained. 2. If the seizure involved personal property, all defects, scratches and marks will be noted. Any identification/serial/model/registration number will be noted. The member will verify and sign the inventory. The property will be stored as per the order, or at a bonded warehouse. 3. The name of the person(s) or corporation(s) from whom the property was received, the address from which the property was removed, if applicable. 4. If the seizure involves a motor vehicle, impound sheets will be used and the mileage noted. The vehicle will be stored as per the order, or at a bonded wrecker impound lot. 5. If the seizure involves a Writ of Possession for a residence, it will be handled in the same manner as a Landlord/Tenant matter (F.S. 83.62). a. The Civil Process Unit deputy will post a copy of the writ on the front main entrance of the premises. The posting is to advise the tenant they must vacate the premises. By Florida Statute, the tenant is permitted 24 hours to vacate, unless the writ commands the property is to be turned over immediately/forthwith, or instanter. The posting will include: i. The name of the posting deputy; ii. The time and date of the posting. b. The 24-hour period will commence immediately upon the posting of the 24 hour notice. (Example: The 24 hour period for an eviction notice posted at 8:00 a.m. on a Monday would end at 8:00 a.m. on Tuesday). However, if the 24 hour period would end on a Saturday, Sunday, or legal holiday, the period will continue until the same time on the next day that is not on a Saturday, Sunday, or legal holiday [Fla. R. Jud. Admin 2.514]. 9  c. After the writ of possession is posted but prior to its’ execution, the Civil Process Unit deputy will make contact with the landlord/plaintiff or his or her authorized representative/agent to arrange a date and time to turn the property over to him or her. d. At the agreed-upon time, the Civil Process Unit deputy will open and enter the premises to conduct a search for children, animals, or other persons hiding or remaining on the premises. e. Once the Civil Process Unit deputy has completed the premises search and determined it to be vacant of persons and animals, the property will be turned over to the land- lord/plaintiff. f. Upon execution of the writ, the Civil Process Unit deputy will document the service of process in the CAD system. g. Only after a writ of possession is fully executed may the landlord/plaintiff or his or her authorized representative/agent remove property on the premises to or near the property line (F.S. 83.62). 6. If the seizure involves a Writ of Possession for a commercial property, it will be handled in the same manner as outlined in VII, A, 5 (residential property) above; however, a 24-hour notice to vacate is not required unless indicated upon the writ [F.S. 83.241]. The Civil Process Unit deputy will read and review the writ thoroughly prior to execution. a. The Civil Process Unit deputy will post a copy of the writ on the front main entrance of the commercial premises. The posting will advise the tenant they must vacate the premises and must include: i. The name of the posting deputy ii. The time and date of the posting b. If a 24-hour notice to vacate the premises is required in the writ, the period will commence immediately upon the posting of the 24 hour notice. However, if the 24 hour period would end on a Saturday, Sunday, or legal holiday, the period will continue until the same time on the next day that is not on a Saturday, Sunday, or legal holiday [Fla. R. Jud. Admin 2.514]. c. If the Writ of Possession commands the property is to be turned over immediately/ forthwith, instanter, or if no time period is indicated, prior to posting the writ the Civil Process deputy will make contact with the Plaintiff or his/her authorized representative/agent to inform them of the impending posting and to arrange a date and time to turn the property over to him/her. d. At the agreed-upon time when the property is to be turned over, the Civil Process deputy will open and enter the premises to conduct a search for children, animals, or other persons hiding or remaining on the premises. 10  e. Once the Civil Process deputy has completed the premises search and determined it to be vacant, the property will be turned over to the Plaintiff or his/her authorized representative/agent. f. Upon execution of the writ, the Civil Process deputy will document the service of process in the CAD system. g. Only after the writ is fully executed may the Plaintiff or his/her authorized representative/agent remove property on the premises to or near the property line. [F.S. 83.62]. B. Property Disposal: Property acquired through the execution of legal process will be disposed of according to F.S. 56 and court order. VIII. EXECUTIVE STAFF: For any legal process served on Executive Staff members (including subpoenas and lawsuits), the designated agent for the Executive Staff member’s bureau is responsible for accepting service. The administrative or executive secretary must immediately notify the General Counsel of the subpoena or other legal process and forward a copy before any action is taken on the subpoena. IX. GLOSSARY: CIVIL PROCESS - (see Legal Process) COMPLAINANT/PLAINTIFF - One who initiates an action, charge, or investigation against another. DEFENDANT/RESPONDENT - Person against whom a complaint is made. DILIGENT SEARCH - The process of determining a fact or circumstance by taking all reasonable action possible or necessary as required by law. EXECUTIVE STAFF - Appointees and employees who have attained the rank of Captain or above, bureau commanders, directors, the Sheriffs legal counsel, the Sheriffs executive and administrative assistants, the Sheriffs executive secretary, and any other positions which may be designated by the Sheriff. All persons holding positions on the Sheriffs executive staff shall be selected by and serve in that position exclusively at the pleasure of the Sheriff without recourse except as specifically provided in Pasco County Career Service article. FOREIGN JURISDICTION - Any legally defined/structured territory not located within the State of Florida. LEGAL PROCESS - The means by which a court obtains jurisdiction in a course of action and compels defendants to appear in court in civil and criminal cases. It includes non-enforceable writs such as summons, notice of hearing, restraining order, witness subpoena, jury summons, subpoena duces tecum, writ of garnishment, eminent domain proceedings, notice to vacate, incompetency proceedings, rule nisi, and writ of mandamus, and enforceable writs to include; writ ne exeat, distress writ, writ of assistance, writ of possession, civil arrest, writ of replevin, and writ of attachment. Unique requirements and explanations of the types of process can be found in the Civil Division Manual. 11 PRIVATE PROCESS SERVERS - A person, over the age of 18, not directly involved in the case, who delivers legal documents, such as subpoenas, and later returning to the court an affidavit that service has been completed. PROCESS - (See Legal Process) RETURN - Certificate of service by a member that documents compliance, or noncompliance, in the service of the process. SERVICE - The delivery of any item of legal process. SUMMONS - A court document requiring an offender or other person to take some action. TAX WARRANT - Tax Warrants are issued by a state agency for money owed to the state and do not require arrest. They carry the same force and effect as Writs of Execution. WARRANT - A document, signed by a magistrate, except a Tax Warrant, demanding the arrest of the named individual. WRIT - An order requiring or prohibiting the performance of some action. A summons is not a writ. INDEXING: CIVIL ARRESTS CIVIL PROCESS EXECUTION JUDICIAL PROCESS LEGAL PROCESS NON-SERVICE PRIVATE PROCESS SERVERS PROPERTY SEIZURE SEIZURE OF PROPERTY SERVICE DRAFTED: NS / August 20, 2024 / Filed: 74.1Legal Process APPROVED: CHRIS NOCCO, SHERIFF PASCO COUNTY, FLORIDA 12