Romano-Civil Process Flashcards
Who is the owner of Civil Process?
Commanding Officer of Civil Process Unit
_______ is the means by which a court obtains jurisdiction in a cause to determine controversies
involved therein and enforces its orders against parties involved.
Process
When executing an _________ process, positive action against a person or thing is required; and
the writ can only be executed by the Sheriff or his Sworn Deputy
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.
Non-enforceable
____________, who are citizens of Florida, serve non- enforceable process within Duval County. All Special Process Servers serve at the discretion of the _____.
Special Process Servers
Sheriff
Chapter __, Florida State Statues (F.S.S.) establishes the rights and responsibilities of both tenants and landlords and contains procedures for processing an eviction.
83
Officers should refer persons with questions about evictions to the ___________.
Clerk of the Court
If an officer from the ____________ is not at the scene with the court order, the patrol officer shall not enforce an eviction.
Civil Process Unit
The only provision made in the statutes for a police officer to forcibly eject an occupant of a dwelling without a court order is in the case of a _______ guest.
temporary
If a motel/hotel manager or landlord requests an officer to evict an undesirable guest (as
defined) by F.S.S. 509.141(1), the officer cannot become involved unless the guest is in fact a
_________ guest.
temporary
Indications the guest is not a temporary guest include such factors as: (3)
- The premises is the guests only residence
- the guest receives mail there
- the guess has the address on his ID.
The guest may be ejected if all of the following criteria are met. The temporary guest: (4)
- Is a transient
- Has been asked to leave
- Has been refunded any unused rental already paid
- Refuses to leave
Lockouts are civil. The only relief for the tenant or guest is through the court system except in the following situations: 3
- The officer may assist a tenant or guest in obtaining property which is essential to the health of the tenant or guest if no other means are available to obtain replacements
- If the landlord cannot be located or refuses to allow the tenant/guest access to the premises to obtain such essential property, the officer should direct the tenant/guest to any local social service agency providing assistance
- If those are not any help, the officer can forcibly enter the residence to get property that is essential to the health of the tenant.
Lockout
If an officer damages any property and there is a personal injury involved, a COJ _____________ shall be notified.
Risk Management Public Liability Adjustor
________ of a residence is defined as person whose residency in a dwelling intended for residential use has occurred for a brief length of time, is not pursuant
to a lease, and whose occupancy is transient in nature.”
transient occupant