Legislative Matter

Miami-Dade Legislative Item
File Number: 082222

Printable PDF Format

Clerk's Official Copy

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		Assigned	Jess M. McCarty

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

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.