Florida Statute 30.231 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 30
SHERIFFS

View Entire Chapter

F.S. 30.231

30.231 Sheriffs’ fees for service of summons, subpoenas, and executions.—

(1) The sheriffs of all counties of the state in civil cases shall charge fixed, nonrefundable fees for service of process, according to the following schedule:

(a) All summons or writs except executions: $40 for each summons or writ to be served.

(b) All writs except executions requiring a levy or seizure of property: $50 in addition to the $40 fee as stated in paragraph (a).

(d) Executions:

1. Forty dollars for processing each writ of execution, regardless of the number of persons involved.

2. Fifty dollars for each levy.

a. A levy is considered made when any property or any portion of the property listed or unlisted in the instructions for levy is seized, or upon demand of the sheriff the writ is satisfied by the defendant in lieu of seizure. Seizure requires that the sheriff take actual possession, if practicable, or, alternatively, constructive possession of the property by order of the court.

b. When the instructions are for levy upon real property, a levy fee is required for each parcel described in the instructions.

c. When the instructions are for levy based upon personal property, one fee is allowed, unless the property is seized at different locations, conditional upon all of the items being advertised collectively and the sale being held at a single location. However, if the property seized cannot be sold at one location during the same sale as advertised, but requires separate sales at different locations, the sheriff may then impose a levy fee for the property and sale at each location.

3. Forty dollars for advertisement of sale under process.

4. Forty dollars for each sale under process.

5. Forty dollars for each deed, bill of sale, or satisfaction of judgment.

(2) For levying on property and for the seizure of persons, the sheriff shall be allowed anticipated expenses necessary for the execution of the process directing such levy or seizure and for the safekeeping of property and persons in the custody of the sheriff. A reasonable cost deposit to cover said fees and expenses in connection with the requested services shall be deposited in advance, by the party requesting the service, with the officer requested to perform the service.

(3) The party requesting service of process must furnish to the sheriff the original process, a certified copy of the process, or an electronic copy of the process, which was signed and certified by the clerk of court, and sufficient copies to be served on the parties receiving the service of process. The party requesting service of process shall provide the sheriff with the best known address where the person may be served. Failure to perfect service at the address provided does not excuse the sheriff from his or her duty to exercise due diligence in locating the person to be served.

(4) All fees collected under paragraphs (1)(a), (b), (c), and (d) shall be nonrefundable and shall be earned when each original request or service of process is made.

(5) All fees collected under the provisions of this section shall be paid monthly into the fine and forfeiture fund of the county.

(6) Fees under this section chargeable to the state or its agencies shall be those fees that were effective under this section on June 30, 2009.

History.—ss. 1, 2, ch. 63-41; s. 2, ch. 72-92; s. 4, ch. 79-396; s. 1, ch. 82-118; s. 1, ch. 83-255; s. 1, ch. 87-405; s. 1, ch. 94-170; s. 1330, ch. 95-147; s. 6, ch. 2000-258; s. 1, ch. 2009-215; s. 1, ch. 2011-159; s. 1, ch. 2014-207.

F.S. 30.231 on Google Scholar

F.S. 30.231 on Casetext

Amendments to 30.231

Arrestable Offenses / Crimes under Fla. Stat. 30.231

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 30.231.

Annotations, Discussions, Cases:

Cases Citing Statute 30.231

Total Results: 12

Sutor v. Cochran

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-29T00:00:00-08:00

Citation: 687 So. 2d 897, 1997 Fla. App. LEXIS 303, 1997 WL 30814

Snippet: services as prescribed by Florida Statute 30.231.” Section 30.231 specifies that all sheriffs charge fixed…adhere to the fee structure prescribed by section 30.231, Florida Statutes, the statute which establishes…fixed, nonrefundable fees, and subsection 30.231(l)(a) sets a fixed charge of $12 for each summons or writ

Ago

Court: Fla. Att'y Gen. | Date Filed: 1993-10-08T00:53:00-07:00

Snippet: 30.17, F.S., (sheriff's execution docket); s.30.231, F.S., (sheriff's fees for service of summons

Ago

Court: Fla. Att'y Gen. | Date Filed: 1986-01-05T23:53:00-08:00

Snippet: also, ss. 30.17 (sheriff's execution docket), 30.231 (sheriff's fees for service of summons, subpoenas

Ago

Court: Fla. Att'y Gen. | Date Filed: 1980-04-23T23:53:00-08:00

Snippet: under s. 142.02, F. S., and fees collected under s. 30.231, F. S.) may be used to defray or fund the expenses

Ago

Court: Fla. Att'y Gen. | Date Filed: 1978-12-21T23:53:00-08:00

Snippet: .50, 30.51, 30.52, and 30.53, F. S. See also s. 30.231(3), F. S. Further, those opinions had to do with

Ago

Court: Fla. Att'y Gen. | Date Filed: 1978-03-14T23:53:00-08:00

Snippet: the sheriff receive as his fee or fees under s. 30.231(1)(a), F. S., the amount of $7.50, as for one service…should the sheriff receive a fee of $7.50 under s. 30.231(1)(a) apart from and in addition to such other …substantially be answered in the same discussion. Section 30.231(1)(a), F. S., provides: (1) The sheriffs of…AGO 063-96, one of my predecessors felt that s. 30.231, F. S. 1971, amended to its present form by Ch.…predecessor, in interpreting the original version of s. 30.231(1), F. S. 1971, stated: A sheriff making a

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-08-31T00:53:00-07:00

Snippet: fund derived from other sources, see, e.g., ss. 30.231(3) and 142.02, F. S., such moneys may be utilized…forfeiture fund, or in part of each"; see also s. 30.231(3), F. S., requiring that all fees collected by

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-08-10T00:53:00-07:00

Snippet: docketing and service of process in civil cases, s. 30.231, F. S. (as amended by Ch. 72-92, Laws of Florida

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-10-21T00:53:00-07:00

Snippet: but there is no need for him to do so. Under s.30.231(1)(d), the sheriff can charge a plaintiff in execution

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-04-30T00:53:00-07:00

Snippet: documents served or the number of returns made. Section 30.231, F.S., establishes a schedule of sheriffs' …066-19, interpreting the original version of s. 30.231(1), F.S. 1965, it was held that a sheriff making…General Opinion 072-419. The 1972 amendment of s. 30.231, supra, made no alteration in that section which…qualification of the rule of AGO 066-19 which s. 30.231, F.S., imposes is that no additional or different…property, witness subpoenas, and executions. Section 30.231(1)(b)-(d). Except for the charges relating to these

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-02-12T00:53:00-07:00

Snippet: both persons. AS TO QUESTIONS 5 AND 6: Section 30.231, F.S., was amended by Ch. 72-92, Laws of Florida…the county." (Emphasis supplied.) Under s. 30.231, supra, a sheriff is entitled to a fee of twelve

Smith v. Purdy

Court: Fla. Dist. Ct. App. | Date Filed: 1973-02-04T23:53:00-08:00

Citation: 272 So. 2d 545

Snippet: docket containing a list of all executions. Section 30.231, which provides for sheriff's fees for service