24 th Annual Board Meeting Minutes February 27 th 28 th, 2015 in Orlando

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1 Established in th Annual Board Meeting Minutes February 27 th 28 th, 2015 in Orlando On Friday, February 27 th, 2015, the Meeting was called to order by Lance Randall, President at 4:12 pm. The pledge of allegiance was led by Denise Rock and the President appointed Sean Segel as the Sergeant at Arms. Introductions of the Board members and Administrator in attendance were made (Lance Randall, President; Mike Compton, Vice-President; Denise Rock, Secretary; Margie Zawacki, Treasurer; Bob Musser, Director; Melody Bulso, Director; Doug Bauer, Director; Allen Bryant, Director; and Diana Wardwell, Administrator. Absent: Billie Torchia, Director). The members and guests in attendance were introduced (NAPPS ; Gary Crowe, NAPPS Administrator; Sue Collins, NAPPS International Relations Committee Co-Chair; Fred Blum, NAPPS International Relations Committee Co-Chair; Jillian Kwiatkowski, NAPPS 2 nd Vice- President; Larry Yellon, NAPPS Immediate Past President; Ed Lazo; Amy Boyd; Sean Segel; Mike Barberio; Janet Deal; Tammy Laughlin; John Shelley; Al Losa; Barry Wax; Henry Wardwell; Gerri Gentilquore; James Kady; Dawn Young; Roby Arey; Victor Hertz; Margaret Thatcher; Mark Willett; Rick Harris; Steven Zawacki, Denny Howley; and Beverly Howley. Exhibitors were acknowledged including Alaserve, LLC; Cruise One/ERS & Associates; Jamaica Collection & Recovery Services; Raymond James; NYSPPSA; Process Server s Toolbox/Database Services; Server Manager; and, Yergey Insurance. Doug Bauer motioned to accept the agenda, Margie Zawacki seconded the motion. All voted in favor of the motion and the motion carried unanimously. Reports Arbitration & Grievance Lance Randall reported that there were no complaints in the last quarter. Elections Bob Musser reported that the elections process remains the same as it has been for many years with nominations being submitted by or mail beginning on January 1 st through 1 week prior to the annual meeting. This year there were 5 director positions in which members could be nominated for and some of those members submitted positon papers which were available at the registration table. The election of directors will be held on Saturday, February 28 th, 2015 at 3:30 pm. 1 P a g e Office of the Secretary Denise L. Rock 2048 Ponce De Leon Ave. West Palm Beach, FL (561) telephone denise@rocklegal.com

2 Promotion and Growth Lance Randall reported that Bruce Goldner had a prior commitment and was unable to attend this meeting. Member Benefits Denise Rock introduced Mr. Scott of Cruise One who provided the attached presentation on member cruises as benefit to members. A member stated that he belongs to another group where they used a ship to host a conference and felt this was a great idea. Mr. Scott stated that there was no charge for this benefit, that membership could be cancelled at any time and that one person who was legally authorized for the organization has to sign the attached form. The president tasked the committee with providing the authorization for approval and signature. Technology Sean Segel and John Shelley reported that they have been asked by board to keep eye on e-portal matters regarding process servers. Sean stated that process servers can now e-file returns of service however, process servers cannot initiate a new case filing on the e-portal. Additionally, a member elaborated that the Florida Bar ruled that only an attorney can file a new case. Finally, the administrator advised that the current information regarding e-filing was posted on the FAPPS website in the news section. Website Bob Musser reported that FAPPS.org was running smoothly, that registration forms for the AFPS class could be found on the website along with process server s news, the Paperchase and upcoming nominations for director positions. Unfinished Business Cost of Service Sean Segel reported that the idea of the cost of service ad hoc committee was to produce a report quantifying the cost of government subsidized service of process in the state of Florida. Additionally, the committee is looking for volunteers to distribute the information obtained to various counties and sheriff s offices. Fred Blum reported that in Georgia that they hired a research assistant who had no interest in the outcome either way and produced an outstanding report that he has a copy of and will forward to Sean. Additionally, Gary Crowe reported that he also has a report that was generated in Florida many years ago and would provide a copy to Sean as well. Best Practices Amy Boyd reported that the president appointed her as this ad hoc committee chair in August with a goal to produce a best practices guidelines for FAPPS similar to NAPPS. The committee was currently working on developing these guidelines for FAPPS and would report back at a future board meeting. The president then called a recess at 4:50 pm and informed everyone that the meeting will resume on Saturday, February 28 th, 2015 at 9:00 am. 2 P a g e

3 Saturday, February 28 th, 2015 On Saturday, February 28 th, 2015, the annual meeting resumed at 9:05 am. The pledge of allegiance was led by Denise Rock and the President appointed James Kady as the Sergeant at Arms. Introductions of the Board members and Administrator in attendance were made (Lance Randall, President; Mike Compton, Vice-President; Denise Rock, Secretary; Margie Zawacki, Treasurer; Bob Musser, Director; Melody Bulso, Director, Doug Bauer, Director; Allen Bryant, Director; and Diana Wardwell, Administrator). The members and guests in attendance were introduced (Gary Crowe, NAPPS Administrator; Sue Collins, NAPPS International Relations Committee Co-Chair; James Kady; Ed Lazo; Russ Aloi; Tammy Laughlin; John Kelley; Denney Howley; Beverly Howley; Henry Wardwell; Frank Carreras; Teresa Joiner; Jan Lowdermilk; Eric Deal; Jim Mosley; Thomas Mosley; Karen Simmons; Timothy Simmons; Michael Mosley; DJ Beasley; John McRae; Becky Gaston; Bonnie Moore; Barry Wax; Dawn Young; Ashley Hardrick; Mike Yergey; Amy Boyd; Chris Yeoman; Leslie Ruiz; Mark Willett; Troy McDonald, Mayor of Stuart; Henry Wardwell; Brooke Zambuto; Laurie Mulberry; Karen Colauecchio and Gerri Gentilquore). Exhibitors were again acknowledged including Alaserve, LLC; Cruise One/ERS & Associates; Jamaica Collection & Recovery Services; Raymond James; NYSPPSA; Process Server s Toolbox/Database Services; Server Manager; and, Yergey Insurance. Sponsors were acknowledged including Here Comes The Judge; Pro-Vest, LLC; L.R.I. (Process Services & Litigation Support); Process Services, Inc.; Dr. Denny Howley; Process Server s Toolbox/Database Services, Inc.; Process Service of America, Inc. Reports (continued) Legislative Report Mike Compton provided the attached report which was also provided in the convention package. Additionally, Mike advised attendees that the 2015 legislative session begins on Tuesday, March 3 rd, Also, Mike explained that Bob Levy, lobbyist Jose Diaz and he met with the Florida Sheriff s Association and provided a copy of the proposed bill FAPPS intends to submit seeking the Florida Sheriff s Associations support. The sheriff s reviewed our proposed bill and said that they are in opposition of our bill. The sheriff s issue with the FAPPS proposed bill was primarily in which FAPPS seeks to replace substitute service on a spouse in a non-adversarial proceeding from anywhere in the county to anywhere in the state. The sheriff s are concerned that this change would eventually lead to statewide licensing. FAPPS explained that this does not because a server s license says you have a license only to serve in that county and a person would have to still utilize a server licensed in the county of service. The sheriff s also do not like the FAPPS proposed changes to (5) but discussion is still being had trying to ascertain and understand the exact issue. FAPPS proposed change to regarding servers being able to use an electronic signature was not met with any opposition from the sheriff s. FAPPS proposed change to by adding in the last sentence that civil witness subpoenas must be served by person authorized by a person under the rules of civil procedure was also not met with any opposition from the sheriff. The addition here 3 P a g e

4 would be a significant one for process servers in Florida. Finally, the sheriff s association had no issue on the proposed bill regarding service at a virtual office and in fact they like this proposal. With regard to the virtual office bill since the sheriff s like this, FAPPS may amend this proposed bill and attached it to one of the sheriff s bill which will probably fly through the legislation session. Finally, the committee received a copy of a recent ruling in Koster v. Sullivan 40 Fla. L. Weekly S63a wherein the trial court found that the return of service was not facially deficient for failing to state the following three things: that substitute service was made at the usual place of abode, age of person served and informing of documents. The Second District Court of Appeals disagreed and found that these three items were required. The Florida Supreme Court then reviewed the case and held that these three items (statement that service was made at the usual place of abode, age of the person served and that the person was informed of the documents), while necessary for valid substitute service, are not required to be listed on the return of service. Administrator Diana Wardwell provided the attached report which was also included in the convention package on page 13. Additionally, she advised that there were currently 323 members following the due renewal period. Finally, Diana reported that there was a recent surge in applications in the last month and that there are currently 12 applicants pending for this month. Diana encouraged attendees who are not members to consider membership and to those members who are to bring in a new member to help grow our membership. AFPS - Bob Musser reported the goal of the AFPS has been and continues to be to raise the actual and perceived perception of process servers in Florida. Nearly all of the classes are taught by Russ Aloi which he continues to fine tune every few months in accordance with the changes in our industry. Additionally, Bob reported that over the past few years the committee has included the designation in the directory and on the website. Bob encouraged people interested to review the FAPPS website which has a drop down section of what it means to be AFPS certified, how much it costs to take the AFPS exam along with other information. Bob advised attendees that you can take the course and exam even if you are not a certified or sheriff appointed server so office support staff can become educated as well. Diana Wardwell reported that in the last year FAPPS held 3 classes. Additionally, the committee has been quick to respond to the demands of the industry such as in the situation in Orange County wherein less than a week the committee established a class to satisfy the transition from a sheriff appointed program to a certified process servers program. This class alone included approximately 50 attendees. Further, Diana reported that since September there have been 63 people who sat for the exam not including the 20 hour course exam. Approximately 37 of those certified were FAPPS members while the remaining were non-members. A complete list of AFPS process servers could be found on the website. Diana reported that currently the AFPS is accepted in 9 th Circuit, 10 th Circuit for the initial certification. Additionally the AFPS is accepted in the 20 th Circuit for the renewal testing. Further Diana reported that the committee is in the process of working on renewal certification in Miami-Dade County as well as another area on the west coast. Diana reported that the committee was working its way around the state to help make the process of testing and certification for all servers easier. A member suggested that the AFPS designation be included in the future on the convention name badges. An attendee inquired about the online class and it was explained that the committee did not go forward with the online course because once discussions were held in the various counties, it was learned that the county administrators would not approve an online class. 4 P a g e

5 Process Server Appointment Melody Bulso provided the attached report which was also provided on page 23 of the convention package. Additionally, Melody reported that the committee has established guidelines for a certified program as well as a sheriff program. Additionally the committee continues to work on server appointment issues in the panhandle area as the committee has received input from servers in this area asking for help with regard to the sheriff s limiting their programs. Currently the committee has requests from servers in Bay County as the sheriff is not allowing anyone new process servers. In Washington, Holmes and Calhoun counties they are limiting and telling servers that they can only serve for one agency. Further, Allen Bryant reported that Washington County is also requiring an order for out of state papers and has stated that if a server serves a summons without an order they will be arrested. Discussion was held and it was suggested that the committee consider educating these counties with case law, an opinion letter written by an attorney who is a member of the Florida Bar or try to schedule a meeting with a sheriff or Judge in these counties. FAPPS Distinguished Service Award Diana Wardwell reported that the committee has been active and was a creation that was started with the idea to promote leadership and recognize it of our members in the association that have either had a significant achievement or a long term commitment to the process server profession. The committee met over the past year in accordance with the written policy and procedures. The committee also reached out to past presidents who are still members for recommendations. The committee met in August following the quarterly board meeting and thoroughly discussed the candidates which were narrowed to 2 finalists. The committee met again in November following the quarterly board meeting and reached a conclusion for the 2015 recipient who will be acknowledged at banquet this evening. Questioned were received by the attendees and it was explained that the committee does not have to have a recipient each year and the in accordance with the policy and procedures the committee has to reach a 2/3 vote in agreement as to the recipient and if a 2/3 vote is not reached there would not be a recipient. The president then called a recess at 10:10 am. The meeting resumed at 10:25 am. Secretary - Denise Rock reported that the minutes of all meetings were up to date and available for review on the website. Treasurer Margie Zawacki provided the attached treasurer s report which stated the checking account balance was $85, and the investment account balance was $24, for a total balance of $109, as stated in the attached report. Additionally, the income and expense report for the 4 th quarter 2014; income and expense for 2014; income and expense report for the 1 st quarter 2015; and, income and expense comparison by category for 2014were provided in the attached treasurer report. Further, Margie reported that the annual report was filed with the Florida Division of Corporations on January 12 th, 2015 and the accountant was in the process of preparing the organizations 2014 income tax returns. Question from the board were how was there an income for the November board meeting of $2.66 which was a credit from the hotel and how was there an expense of $1.50 from the March 2014 class which was a pay pal fee. Bob Musser made a motion to accept the treasurer s report. Mike Compton seconded the motion. All voted in favor of the motion and the motion carried unanimously. 5 P a g e

6 Vice-President Mike Compton reported that other than the legislative report and what was included in the president s report that there was nothing further to report. President - Lance Randall provided the attached report which was also provided on pages 8 and 9 of the convention packet and thanked the board members, committee chairs and administrator for their contributions to our profession. The president then called a recess at 10:35 am. The meeting resumed at 3:30 pm. By-law amendments There were no by-law amendments proposed. Elections An election for the Board of Directors was held for nominees Allen Bryant; Melody Bulso; Frank Carreras; Marcia Gillings; Bob Musser; and, Sean Segel. Majority results were received for Allen Bryant; Melody Bulso; Frank Carreras; Bob Musser; and, Sean Segel. Margie Zawacki made a motion to destroy the ballots, Doug Bauer seconded the motion. All voted in favor of the motion and the motion carried unanimously. New Business There was no new business presented. Good of the order Lance advised the attendees that the NAPPS conference is scheduled for April 29 th through May 2 nd, 2015 in Washington, DC and encouraged those who could attend to go to the NAPPS website for more information. Bob Musser thanked all the northerners who travelled from the cold weather out of state to attend the FAPPS conference this weekend. Mike Compton made a motion to adjourn the meeting. Doug Bauer seconded the motion. All voted in favor of the motion and the motion carried unanimously. The meeting adjourned at 3:55 pm. 6 P a g e

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