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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: October 4, 2023  Amends - GO 20.1.1 ( July 31, 2020 ) Number: 20.1.1 Distribution: All Personnel Review Month: September Reviewing Authority: CSCD / Judicial Process Subject: Legal Service of Process Procedures And Guidelines This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to provide gu idelines to personnel not assigned to Judicial Process on the service and execution of legal process. Guidelines for Personnel assigned to Judicial Process are covered in SO 35.0. 2. Policy It is the policy of the agency to fulfill the requirements of all legal process in a timely and effective manner. 3. Definitions A. Certified Copy - a copy of a document signed and verified to be true by the Clerk of Courts to whom the original is entrusted. B. Child Custody Order - a court order directing who shall be the custodian of a child and who shall have visitation rights to that child. A child custody pickup order is similar in that it names who shall have custody of a child. However, it also specifica lly authorizes a law enforcement officer make a demand or to pick up the child and deliver him or her to the custodian . C. Defendant/Respondent - the person against whom a criminal or civil action is brought, i.e. , the party against whom relief or recovery i s sought in an action or suit. D. Foreign Process - all process issued outside of the State of Florida. E. Notice of Hearing/Notice to Appear - a notice that commands a person to appear before the court on a specific day/time. F. Plaintiff/Petitioner - a person who brings an action in a court of law. i.e., t he party who complains or sues. G. Process - the paper notification from a court which compels an individual to 20.1.1, Page 2 of 5 perform an action such as appear as a witness, produce evidence, or relinquish property. The definition of process also includes Enforceable Writs. H. Purge - information on how to resolve the charge and/or avoid being arrested. I. Return of Service - a short written account of the manner in which process was executed. The return is evidence to the court of the service or non -service of process on the defendant/respondent. J. Service of Process - the process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial by other processes defined by FS 48 . K. Substitute Service - service of process upon a defendant in any manner, authorized by statute or rule, other than by personal service within the jurisdiction. L. Usual Place of Abode - current res idence of person to be served. M. Writ - A writ is usually directed to a Sheriff for service or execution. 1. Non-Enforceable Writ - an order issued by a court which does not specifically direct the Sheriff to take action against a person or property. A deputy can only make service on this type of writ and cannot take enforcement action. 2. Enforceable Writ - an order issued by a c ourt directing the Sheriff to take physical action against something or someone by seizing property or taking a person into custody. An enforceable writ will only be executed by a Sheriff or his deputy. N. Writ of Bodily Attachment/Order of Arrest - a civil court order only issued by a judge, commanding the Sheriffs of the State of Florida to attac h a body (arrest an individual) and deliver the person to a judge during regular court hours, or on the next working day after the person is incarcerated. O. Writ of Execution - the culmination of a court action whereby the plaintiff has obtained a money judgment against one or more individuals, a partnership, or corporation. It commands the Sheriff to seize (levy) the goods of an entity or person(s), usually the def endant, sell them at a public sale, then turn the proceeds over to the plaintiff to satisfy the judgment. P. Writ of Ne Exeat - an order issued by the court requiring an individual to remain within the jurisdictional limits of the court. Q. Writ of Possession - commonly referred to as an eviction. It is the final step in the process whereby the plaintiff regains possession of real property, such as a house, apartment or business location from a tenant. The writ can be issued for failure to pay rent, mortgage foreclosure, or any other reason for which the property owner wishes to recover residential or commercial property from a tenant. R. Writ of Replevin - an order from the courts directed to the Sheriff to take goods or 20.1.1, Page 3 of 5 property from someone and return it to t he rightful owner or lien holder. 4. Procedures A. Foreign Process 1. Deputies shall not execute an out of state writ, order or other process unless it has been properly vetted and domesticated through Florida courts, or an exception listed below. a. Executing an Injunction for Protection from any state or US territory as these orders do not need to be domesticated beforehand