Civil Process Unit

Civil Process Unit The Hernando County Sheriff's Office Civil Process Unit carries out the Sheriff's statutory responsibility for the service of process and execution of writs per section 30.15 (1) of the Florida Statutes. These judicial process documents originate from the courts, government agencies, private attorneys, and the public in Florida and throughout the United States. The Civil Process Unit also executes enforceable orders, such as Levies, Replevins, and Child Pickup Orders. The Hernando County Sheriff's Office does not give legal advice or information. For legal advice, contact an attorney. 2024 NEW CIVIL PROCESS LEGISLATION UPDATE - PROPERTY RIGHTS This is a legal update regarding the passage of House Bill 621 relating to an unlawful detainer, Florida Statute 82.036, which will take effect July 1st, 2024. Property Rights; Authorizes property owners or authorized agents to request assistance from the sheriff for immediately removing unauthorized occupants from residential dwelling under certain conditions; requires specified complaint; provides requirements for sheriff; authorizes arrest of unauthorized occupant; provides that sheriff is not liable to any party for loss, destruction, or damage; provides that property owner or agent is not liable to any party for loss or destruction of, or damage to, personal property unless it was wrongfully removed; prohibits unlawfully detaining, or occupying or trespassing upon, residential dwelling intentionally & causing at least specified amount of damage; provides criminal penalties for any person who knowingly & willfully presents false document purporting to be valid lease agreement, deed, or other instrument conveying real property rights; prohibits listing or advertising for sale, or renting or leasing, residential real property. HB 621 LEGAL ANALYSIS: HB 621 creates a new Florida Statute 82.036, a Limited alternative remedy to remove unauthorized persons from residential real property. It provides requirements for the Sheriffs, including authorizing the Sheriff to arrest an unauthorized occupant for legal cause. Sheriffs are entitled to a standard fee of $90 and additional money for the standby fees at a reasonable hourly rate. The Sheriff is NOT liable to any party for any loss, destruction, or damage. FEES CHARGED BY THE CIVIL PROCESS UNIT: NOTE: Fees are earned upon receipt of Civil Process when each 'Request of service' is made, and by Florida Statute these fees are non-refundable. Fees are based on one defendant or respondent or witness, fee is per party served. Fees must be cash, money order or business checks. NO PERSONAL CHECKS. Non-Enforceables (Summons, Subpoenas, Notices, Garnishments, Notices of Tax Sale and all other non-enforceables including alias and pluries - The Hernando County Sheriff's Office does serve out of state non-enforceable papers. We still follow Florida statute for service. The fees remain the same for out of state process.): $40.00 Enforceables (Writs of Replevin, Writs of Bodily Attachment and Writs of Possession): $90.00 Levy Minimum Cost Deposit: - Vehicles, small boats and small trucks: $5,000.00 - Real Property (The advance cost deposits may be more substantial if additional cost must be incurred such as locksmith, electrician, heavy equipment operator, etc. However, the cost deposit includes the following statutory fees.): $2000.00 - Personal Property (i.e. Household or Office Furnishings) (Deposit amounts will vary depending on the quantity and size of the items being levied upon. A complete inventory list will need to be seen by the Levy Clerk of the Civil Process Unit before an amount is determined.): Varies Additional Fees: - Sheriff's levy or demand of property: $50.00 - Preparing Newspaper Advertisement: $40.00 - Certified Mail to all Parties: Cost will vary - Holding Sheriff's Sale: $40.00 per sale - Bill of Sale or Sheriff's Deed: $40.00 - Satisfaction of Judgment: $40.00 - Filing/Recording fee: Actual clerk fees - Processing Writ and Preparing File: $40.00 **Filing fee paid to Clerk of Court and is required for both notice and release of levy PLUS – Actual expenses incurred for newspaper advertisement, storage, haulage and officer stand-by fee. Actual costs may be more or less. After costs are paid for levy, the balance of cost deposit is refundable. Please make business checks and money orders out to Hernando County Sheriff's Office. Money orders must be signed by purchaser. DOCUMENTS AND FEES CAN BE MAILED OR HAND DELIVERED AS FOLLOWS: (MON - FRI, 8:00 AM - 5:00 PM EXCLUDING LEGAL HOLIDAYS) Hand delivery to: Hernando County Sheriff's Office, Main Lobby Civil Window, Located at 18900 Cortez Blvd, Brooksville, FL 34601 Mail send to: Hernando County Sheriff's Office, Attn: Civil Process Unit, P.O. Box 10070, Brooksville, FL 34603-0070