248 Civil Process

Question 1

Chapter 83, Florida State Statues (F.S.S.) establishes the rights and responsibilities of both tenants and landlords and contains procedures for processing an eviction. The procedures for evictions are extremely specific and must be followed. Officers should refer persons with questions about evictions to the _________. The Civil Process Unit can also answer limited questions regarding evictions

Answer 1

Clerk of the Court

Question 2

The patrol officer should rarely be involved in an eviction and then only when requested at the scene by the Civil Process Unit. All legally authorized evictions are handled through this section. If an officer from the Civil Process Unit is not at the scene with the court order, the patrol officer_________ enforce an eviction.

Answer 2

shall not

Question 3

The ______________ is responsible for receiving and serving all civil processes issued by the courts in this jurisdiction. Monies coming into the jurisdiction for civil process matters are also received and recorded.

Answer 3

Civil Process Unit

Question 4

The primary purpose of the service of process is to give _____________ notice a legal proceeding has been instituted against them or their businesses and to afford them the opportunity to defend against it. The process advises defendants of the nature of the action brought against them and vests jurisdiction in the court that issued the process.

Answer 4

defendants

Question 5

Enforceable Writ: (2 things)

Answer 5

a. When executing an enforceable process, positive action against a person or thing is required; and
b. The writ can only be executed by the Sheriff or his Sworn Deputy.

Question 6

Non-Enforceable Writ: (2 things)

Answer 6

a. The non-enforceable process requires no physical action by the server. The server has a responsibility to contact the defendant (in person if possible, if not, substitute service may be sufficient), identify himself and explain the contents of the process to be served; and
b. The process may be served by any sworn law enforcement member of the Civil Process Unit or by any other person designated by the Sheriff, including Special Process Servers.

Question 7

_______________, who are citizens of Florida, serve non- enforceable process within Duval County.

All Special Process Servers serve at the discretion of the ___________.

Answer 7

Special Process Servers

Sheriff

Question 8

Property obtained via process:

All property received by the Jacksonville Sheriff’s Office (JSO) pursuant to the delivery of legal process services shall be accounted for ___________. The records shall include a description of the property, any applicable identification numbers, and the names of persons or corporations from whom the property was received.

Answer 8

in agency records

Question 9

Property obtained via process:

All property acquired through the legal process function shall be disposed of by JSO in accordance with _____________.

Answer 9

state statutes