Civil Department
The main function in the Civil Department is to serve process, which includes non-enforceable papers and enforceable papers. The office staff receives and processes the paperwork for the deputies to serve. The majority of our papers are non-enforceable
Quick attention to this paperwork is the Civil Departments number one priority. The Civil Department is also responsible to the public, either in person at the Sheriff’s Office or by telephone, to give the most current information and updates on service and to clearly explain our policies and procedures, which are created based upon the Rules of Civil Procedure, the Rules of Judicial Administration and the Florida Statutes. However, we are not able to give legal advice.
To see recent serves, view our Civil Data
New Civil Process Legislation update effective January 2023
A separate part of SB 1062 creates a new Florida Statute 48.184. Service of Process for removal of unknown parties in possession. This is an important change for Sheriffs.
This section applies only to actions governed by Section 82.03, Section 83.21, Section 83.59, or Section 723.061 for removal of “Unknown Party in Possession” when the name of an occupant of real property is not known to the Plaintiff and the property occupied by the unknown party is identified in the Complaint and Summons. A separate Summons must be issued for each such unknown occupant. A summons must be issued in the name of "Unknown Party in Possession" when the name of an occupant of real property is not known to the Plaintiff and the property occupied by the unknown party is identified in the Complaint and Summons. A separate Summons must be issued for each such unknown occupant.
- The Plaintiff shall attempt to serve the summons on any unknown occupant of the property described in the summons and complaint. If service on the unknown occupant is not effectuated on the first attempt at least two (2) additional attempts must be made. The three (3) attempts to obtain service must be made once during business hours, once during non-business hours, and once during weekend.
- The process server shall make an inquiry as to the name of the unknown occupant at the time of service.
- The Return of Service must note the name of the occupant if obtained by the process server or state that the name of the occupant cannot be obtained after inquiry.
- If the name of the occupant becomes known to the Plaintiff through the return of service or otherwise, all subsequent proceedings must be conducted under the name of such occupant.
- Service of process must also be made on an unknown occupant by both of the following means: by attaching the Summons and Complaint to a conspicuous location on the premises (i.e. posting) and upon the clerk mailing it to the unknown occupant along with the Summons and Complaint.
- Service is effective on the Unknown Occupant in Possession on the latter of the date that personal service is made, the date of posting the Summons and Complaint to a conspicuous location on the property premises or upon mailing by the clerk.
- The Judgment and Writ of Possession must refer to any unknown occupant in possession by name if the name is shown on the Return of Service or is otherwise known to the Plaintiff. If the name of any unknown occupant in possession is not shown on the Return of Service or is otherwise unknown to the plaintiff and service has been effectuated, the Judgment and Writ of Possession must refer to each person as “Unknown Party in Possession “and the Writ of Possession must be executed by the Sheriff by dispossessing the occupants and placing the Plaintiff in possession of the property.
Fees
The below fees are charged by the Civil Department.
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 |
$2,500.00 |
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. |
$800.00 |
| 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 Department before an amount is determined |
| 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) TO:
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 Department
P.O. Box 10070
Brooksville, FL 34603-0070
