Miami-Dade Legislative Item
File Number: 082222
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File Number: 082222 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1069-08 Control: Board of County Commissioners
File Name: URGING TO INCREASE THE STATUTORY FEE FOR SERVICE OF PROCESS Introduced: 7/14/2008
Requester: NONE Cost: Final Action: 10/7/2008
Agenda Date: 10/7/2008 Agenda Item Number: 11A16
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO INCREASE 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 10/7/2008 11A16 Adopted P

Budget and Finance Committee 9/9/2008 2H Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. In response to Commissioner Diaz’s request for an explanation on this proposed resolution, Assistant County Attorney McCarty explained the fee for Service of Process that the County provided to private litigants did not cover the costs for this service, and this proposed resolution would urge the Legislature to increase this fee from $20 to $40 to cover the cost of the service. Hearing no other questions or comments, the Committee proceeded to vote.

County Attorney 7/14/2008 Referred Budget and Finance Committee 9/9/2008

County Attorney 7/14/2008 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO INCREASE 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 last few sessions that would have increased the enforceable service of process fee to better align the statutory fee with the actual cost of issuing enforceable service of process; and
WHEREAS, during the 2008 session, the service of process bill, S.B. 300, passed both the House and Senate, but then died in returning messages,
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 2009 State Legislative Package.



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