Miami-Dade Legislative Item
File Number: 080242
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File Number: 080242 File Type: Resolution Status: Adopted
Version: 0 Reference: R-246-08 Control: Board of County Commissioners
File Name: INCREASING THE STATUTORY FEE FOR SERVICE OF PROCESS Introduced: 1/24/2008
Requester: NONE Cost: Final Action: 3/4/2008
Agenda Date: 3/4/2008 Agenda Item Number: 11A9
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION INCREASING THE STATUTORY FEE FOR SERVICE OF PROCESS TO BETTER REFLECT THE ACTUAL COST OF SERVICE OF PROCESS
Indexes: LEGISLATURE
Sponsors: Sally A. Heyman, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 3/4/2008 11A9 Adopted P

Budget and Finance Committee 2/12/2008 2F Forwarded to BCC with a favorable recommendation P

County Attorney 1/24/2008 Referred Budget and Finance Committee 2/12/2008

County Attorney 1/24/2008 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION INCREASING THE STATUTORY FEE FOR SERVICE OF PROCESS TO BETTER REFLECT THE ACTUAL COST OF SERVICE OF PROCESS

BODY
WHEREAS, section 30.231, Florida Statutes, provides that the fee for enforceable service of process by the Sheriff is $20; and
WHEREAS, this fee has not been increased since 1994 and does not cover the actual cost of executing enforceable service of process; and
WHEREAS, the $20 fee only covers approximately two-thirds of the cost of executing an enforceable service of process; and
WHEREAS, more than $700,000 per year is required to supplement the service of process function within the Miami-Dade Police Department; and
WHEREAS, The Senate Justice Appropriations Committee issued an Interim Project Report recommending that service of process fees be increased to cover their actual costs, see Interim Project Report No. 2006-144; and
WHEREAS, legislation was filed during the 2006 and 2007 regular sessions that would have increased the enforceable service of process fee from $20 to $30 to better align the statutory fee with the actual cost of issuing enforceable service of process, but this legislation did not pass,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to pass legislation that would increase the statutory fee for enforceable service of process from $20 to an amount that better correlates with the actual cost of enforceable service of process.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, and the Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 3. Directs the County's state lobbyists to advocate for the passage of legislation as set forth in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2008 State Legislative Package.



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