c) Be a permanent resident of the United States and the State of Florida. (A resident is

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1 THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY (Revised 1/9/06) PROCEDURES FOR PROCESS SERVER CERTIFICATION Cmpleted Applicatins are Sub.iect t Apprpriate Public Recrds Disclsure Law Applicatins are available nline r frm the Administrative Office f the Curts, Thirteenth Judicial Circuit, Rm 605, 800 E. Twiggs, Street, Tampa, FL Applicatins are due tw weeks fllwing attendance and receipt f a Certificate f Cmpletin fr the Prcess Server Certificatin Prgram ffered by Hillsbrugh Cmmunity Cllege. The curse is ffered nce a year t be annunced by HCC. Fr further infrmatin, please call Applicants shall: A) Be at least eighteen (18) years f age; B) Have n pending criminal charges; c) Be a permanent resident f the United States and the State f Flrida. (A resident is defined as a persn wh has established dmicile with intent t remain.); D) Maintain a current address A written examinatin is administered by the Administrative Office f the Curts, Thirteenth Judicial Circuit n the last day f class f the Hillsbrugh Cmmunity Cllege, Prcess Server Certificatin Prgram. In rder t submit an applicatin, examinees must receive a test scre f seventy-five (75) percent r higher. Thse wh receive a test scre f 74 percent r lwer may retake the examinatin within 90 days. Thereafter, the curse must be taken again befre retesting. The examinatin cvers Chapters 48 and f the Flar da Statutes, and Rules and f the Flrida Rules f Civil Prcedure. All applicants are subject t natinal, Flrida, and lcal criminal recrd cmputer dhecks, verifying the status f any pending criminal histry and cases. Applicants with pending criminal charges are disqualified. Eligibility f applicants with criminal cnvictins r adjudicatins withheld will be determined by the Judicial Panel n a case-by-case basis. Lcal recrd searches are cnducted in the felny, traffic, misdemeanr, and mental health areas.

2 Applicatins must have the fllwing attachments: A) Cpy f a valid Flrida driver ~ license/state f Flrida identificatin card. B) Original Certificate f Insurance frm yur insurance agent as prf f general liability insurance in the amunt f $100,000/$300,000 fr the benefit f any persn wrngfully injured by any malfeasance, neglect f duty, r incmpetence f the applicant in cnnectin with the duties as a prcess server. The prcess server shall be a named insured under the insurance plicy and the Administrative Office f the Curts, Thirteenth Judicial Circuit, shall be named as Certificate Hlder. The plicy must cntain a prvisin that the Certificate Hlder shall be given a thirty (30) day ntificatin f any cancellatin, expiratin r terminatin. The date f certificatin may be the effective date n the plicy. If a binder is submitted, the applicant will be required t prvide prf that the insurance plicy has actually been issued prir t applicant being swrn as a Certified Prcess Server. c) Validated receipt fr payment f the $ nn-refundable applicatin fee paid at the Hillsbrugh Cunty Clerk f the Circuit Curt s Office, Criminal Divisin, Rm 530, 800 E Twiggs Street, Tampa, FL, Checks (n cunter checks) r mney rders must be payable t Clerk f the Circuit Curt. N payments are accepted by the Administrative Office f the Curts. D) Hillsbrugh Cmmunity Cllege Certificate f Cmpletin fr the mandatry (Thirteenth Judicial Circuit) Prcess Server Certificatin Prgram r ther preapprved curse. E) If alien status is applicable, applicant must present the Alien Registratin Frm r Refugee Status Frm. F) If naturalized status is applicable, applicant must present a Naturalizatin Certificate r a cpy f a U.S. Passprt r Vter s Registratin Card. Applicants meeting all freging qualificatins are presented t a three-judge Judicial Panel fr apprval. Apprved applicants will be certified t serve prcess in the Thirteenth Judicial Circuit. The Administrative Office f the Curts will issue the apprved applicant(s) a pht identificatin card. The name f each certified prcess server will be placed n a list and publicly displayed in the Clerk f the Circuit Curt s Office and n the Official Thirteenth Judicial Circuit Website. In accrdance with.the Americans with Disabilities Act~ if yu need special accmmdatins t cmplete the applicatin, attend the curse, and/r take the examinatin, please call Curt Services at

3 RESPONSIBILITIES OF CERTIFIED PROCESS SERVERS _ Until an individual is certified as a Prcess Server in the Thirteenth Judicial Circuit, ne must btain an rder f appintment signed by the Curt in each case. Certificatin in the 13th Circuit des nt authrize the service f prcess fr any ther curt. Certificatin authrizes service f initial nn-enfrceable civil prcess. Attrney General pinin 89-1 defines "initial nn-enfrceable civil prcess" as that which is nt required by statute t be served by the Sheriff. The certified prcess server ("CPS") identificatin number and the ttal charges fr service must be n the 13th Circuit s prescribed Affidavit f Service frm. This frm must be ntarized. Service is nt valid unless the return is n the prescribed frm. A Certified Prcess Server must maintain general liability insurance in gd standing and immediately ntify the Administrative Office f the Curts, Thirteenth Judicial Circuit f any plicy cancellatin, expiratin, terminatin, r change in insurance agents. Upn insurance renewal, a new riginal "Certificate f Insurance" must be prvided t the Administrative Office f the Curts. Expiratin r cancellatin f required insurance autmatically disqualifies the Certified Prcess Server until the insurance is reinstated r replaced. This prf f insurance must be prvided prir t r at the time f lapse t avid remval. Administrative Office f the Curts must be ntified at within thirty (30) days f any change(s) f name, mailing address, address, r telephne number. While serving prcess, Certified Prcess Servers are required t ALWAYS have their VALID "CPS" identificatin card available upn request. Certified Prcess Servers shall n~tt participate in any actin in which they have any interest as prvided in Rule 1.070(b) f the Flrida Rules f Civil Prcedure. All Certified Prcess Servers are expected t cnduct themselves in a manner that will reflect favrably n the curts. Certificatin is valid fr ne (1) year frm the initial date f certificatin. A new CPS identificatin card will be issued upn cmpletin f the annual renewal requirements belw: A) Prf f the required general liability insurance; B) Validated receipt fr payment f the $60.00 renewal fee paid at the Hillsbrugh Cunty.Clerk f the Circuit Curt s Office, Criminal Divisin, Rm 605, E Twiggs Street, Tampa, FL, Checks r mney rders must be payable t Clerk f the Circuit Curt. N payments are accepted by the Administrative Office f the Curts;

4 c) Clear lcal, Flrida, and natinal criminal recrd checks. (Certified Prcess Servers shall ntify Curt Administratin if criminal charges are filed against them. Charges f a felny r a crime invlving mral turpitude r dishnesty may prhibit renewal f certificatin); D) Cpy f a valid driver s license r State f Flrida ID card n file / need if renewed r reissued within last year. 10. Pursuant t Sectin (7) (c), Flrida Statutes, temprary r final judgments r injunctins fr prtectin against dmestic vilence are cnsidered valid and enfrceable in all cunties f the State f Flrida. Pursuant t Sectin (8) (a), Flrida Statutes, temprary injunctins fr prtectin against dmestic vilence shall be prvided t the Sheriff fr service f prcess upn the respndent.

5 REMOVAL OF CERTIFIED PROCESS SERVERS 1. Certified Prcess Servers may be disqualified/remved fr any: A) False statement n the applicatin; B) Malfeasance, misfeasance, nnfeasance, r incmpetence; C) Cnvictin r charges f a felny r a crime invlving mral turpitude r dishnesty; D) Failure t cmply with any f the prvisins f Administrative Order Number S and/r any subsequent amendments. Certified Prcess Servers wh willfully and knwingly execute a false return f service shall be guilty f a felny f the third degree, punishable as prvided fr in Chapter 775, Flrida Statutes. Persns aggrieved by a Certified Prcess Server may file a cmplaint with the Chief Judge f the Thirteenth Judicial Circuit alleging with particularity ne r mre f the grunds fr remval. A) If gd cause is fund, the Chief Judge will issue t the Certified Prcess Server an rder t shw cause why he/she shuld nt be remved frm the list. The rder t shw cause will be in writing and prperly served upn the Certified Prcess Server. The rder shall set frth the allegatins f the cmplaint and shall specify the time and place fr a hearing n the cmplaint, allwing sufficient time fr preparatin f an answer. B) The Certified Prcess Server will answer the rder t shw cause in writing by way f admissin, explanatin, r defense. c) At the hearing, the Certified Prcess Server is entitled t be represented by cunsel and t have cmpulsry prcess fr the attendance f witnesses and prductin f dcuments, and may testify in his/her wn defense. Upn cnclusin f the hearing, the judge may issue an rder remving the Certified Prcess Server frm appintment in the Thirteenth Circuit.

6 REINSTATEMENT OF CERTIFIED PROCESS SERVERS Certified Prcess Servers remved fr: A) Lapse f Liability Insurance have up t thirty (30) days t prvide prf f valid insurance cverage. B) Nn-renewal f Certificatin have up t six (&) mnths t cmply with the renewal requirements (#9 f Respnsibilities f Certified Prcess Servers). If the time standard, in B) abve, is nt met, the remved prcess server must re-take the HCC curse, pass the examinatin again, and re-apply fllwing all guidelines and meeting all ther qualificatins/requirements as utlined in the applicatin prcedures. Questins regarding the plicies and prcedures fr Certified Prcess Servers in the Thirteenth Judicial Circuit shuld be directed t: Prcess Server Certificatin Prgram Administrative Office f the Curts Thirteenth Judicial Circuit 800 E. Twiggs Street, Rm 605G Tampa, Flrida (813) Fax (813)

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