IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST. LUCIE COUNTIES, FLORIDA

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1 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST. LUCIE COUNTIES, FLORIDA AMENDED ADMINISTRA TlVE ORDER IN RE: APPOINTMENT OF CERTIFIED PROCESS SERVERS Effective immediately, this Administrative Order replaces Administrative Order entered on May 16,2002. WHEREAS, Sees through 48.31, Florida Statutes (2001) authorize the Chief Judge of each Circuit to qualify, appoint, and remove certified process servers in the respective Circuits, and it is therefore ORDERED and ADJUDGED that pursuant to the authority vested in me as Chief Judge of the Nineteenth Judicial Circuit of Florida, there shall be established an approved list of certified process servers for service of process within the Nineteenth Judicial Circuit, pursuant to Section 48.27, Florida Statutes (2001), who may be chosen by counsel, pursuant to the following requirements: 1. QUALIFICATIONS OF CERTIFIED PROCESS SERVERS TO BE INCLUDED ON THE APPROVED LIST requirements: The prospective certified process serve must meet and comply with the following a. Be at least 18 years of age; b. Have no mental or legal disability; c. Be a permanent resident of the State of Florida; d. Never have been convicted, had adjudication of guilt withheld, or been placed on pre-trial intervention for any felony, nor within the 5 years preceding application have been convicted of a misdemeanor involving moral turpitude or dishonesty. The applicant will submit to a background investigation, which shall include the right to obtain and review criminal records of the applicant; e. File with the Court Administrator's Office proof of successful completion of an approved Process Server's Education Class with a minimum of 16 clock hours offered through Indian River Community College. The applicant will be required to successfully fulfill this class and pass a required test. Documentation of the successful completion of this class shall be placed in the applicant's file. The

2 Chief Judge may at any time require an individual process server to retake the class; f. Execute a bond in the amount of $5, with a surety company authorized to do business in this State for the benefit of any person or persons wrongfully injured by any malfeasance, misfeasance, neglect of duty, or incompetence in connection with his or her duties as a process server, with said policy to remain in effect as long as the certified process server is authorized to act; g. The applicant must file with the Court Administrator's Office an oath of office that he/she will honestly, diligently, and faithfully exercise the duties of a certified process server. II. APPLICATION FOR APPOINTMENT Any individual seeking appointment as a certified process server under this order shall make his/her request for such appointment to the Chief Judge of the Nineteenth Judicial Circuit. The applicant must file an application with the Court Administrator which shall include the following information and documentation: a. The applicant's name, date of birth, social security number, and other identifying information; b. The applicant's address and telephone number; c. Information regarding the existence of any mental or legal disabilities, felony convictions or adjudications of guilt withheld or pre-trial intervention agreements, misdemeanor convictions, and pending criminal charges; d. Three letters of recommendation attesting to the applicant's sound moral character; e. A signed copy of the Nineteenth Circuit Court Statement of Policy Regarding Conduct of Certified Process Servers; f. Each application shall include a $75.00 non-refundable process fee payable to St. Lucie County Board of County Commission for deposit in the office supplies fund of the Court Administration Budget and a $23.00 money order payable to F.D.L.E. (Florida Department of Law Enforcement) for the applicant's background check. Said fees shall be forwarded to the St. Lucie County Board of County Commission and F.D.L.E. by the Court Administrator if the application meets the requirements set forth herein. If the application fails to meet the requirements, the fees shall be returned to the applicant with a written description of any deficiencies; and

3 g. Release of infonnation. III. BACKGROUND CHECK OF CERTIFIED PROCESS SERVERS Upon receiving an application, the Court Administration Office will request a criminal records check of the applicant from the Florida Department of Law Enforcement. The investigation will include, but is not limited to, a check of the records and may include fingerprints. ED.L.E. will advise the Court Administrator of the results of the background investigation. The investigatory role by ED.L.E. does not imply or create any right of control by ED.L.E. over the certified process server. Neither ED.L.E., the Chief Judge, nor the Court Administrator, by virtue of this Order, shall bear any civil liability for a certified process server's action. IV. APPOINTMENT Upon the filing of the application and all supporting documents in proper fonn and submittal of same by the Court Administrator to the Chief Judge. The Chief Judge will review the application and enter the appropriate order. If the application is granted, the applicant's name shall be added to the list of certified process servers. The Court Administrator and the respective Clerks of Court for Indian River, Martin, Okeechobee, and St. Lucie Counties shall maintain a CUITent list of the certified process servers of the Nineteenth Judicial Circuit. The Court Administrator's Office shall issue an identification card to each certified process server bearing his/her identification number, printed name, signature, photograph, and an expiration date. The identification card shall be worn or displayed when the process server is engaged in the service of process in the Nineteenth Judicial Circuit. V. PERIOD OF APPOINTMENT Any authority granting the application for a certified process server under this Order shall be valid for a period of one (1) year, subject to annual renewal as herei'nafterprovided. All certifications will expire on the last day of each month in which the process server was originally appointed. If at any time the certified process server is arrested and has pending criminal charges, he/she shall immediately notify the Court Administrator of this fact, shall suitendertheir identification card, and shall temporarily cease serving process pending the disposition of the new offense. Once the charge has been disposed of, the process server shall provide to the Court Administrator a certified copy of the court record showing the disposition of the case and the process server's certification may be teitninatedor reinstated as set forth in Article IX. Additionally, to insure that records are up to date, the certified process server shall notify the Court Administrator's Office of any change in address or telephone number.

4 VI. RENEWAL Pursuant to section 48.27(1), Florida Statutes, each person whose name has been added to the approved list, is subject to annual re-certification and reappointment by the Chief Judge. Persons appointed under this Order may apply for a one year renewal of appointment prior to, or upon, expiration of the one year period set forth in Article VI above. Said request or renewal shall contain all information and fees as required for the original application, except that it shall not be necessary to provide proof of successful completion of the Process Server's Education Class or the three (3) letters of recommendation with each annual renewal. The Court Administrator shall request ED.L.E. complete a background check to determine the applicant's continued eligibility to serve as a certified process server. Upon compliance with this renewal application procedure and the filing of all supporting documents in proper form, the Chief Judge will enter an order either granting or denying the application. Failure to renew the certification promptly and properly, shall cause the name of the certified process server to be automatically removed from the list and such person shall lose all standing as a certified process server until such time as standing is re-established. The process server must make application for recertification before the month of expiration, but not more than thirty (30) days prior. Certification will expire on the last day of the month of certification. MAINTENANCE VIT. OF APPROVED LIST AND RELATED MATTERS The Court Administrator and the respective Clerks of the Court for Indian River, Martin, Okeechobee, and St. Lucie Counties shall maintain for public inspection, a current list of all persons authorized to act as certified process servers in the Nineteenth Judicial Circuit pursuant to the Order of Appointment signed by the Chief Judge. The Court Administrator shall be responsible for keeping the list current by addition or deletion of names as necessary and for immediately informing the Clerks of the changes to be made to their lists. The Court Administrator shall maintain for public inspection, a file containing copies of all approved applications, a file containing all orders appointing individuals to the approved list of certified process servers, a file containing all Orders denying appointment, and a file containing all orders removing individuals from the approved list of certified process servers. VITI. RETURN OF SERVICE FORM Pursuant to section 48.29(6)(b), Florida Statutes, return of service shall be made by a certified process server on a form which the court has reviewed and approved. A copy of a return of service form which has been reviewed and approved by the Chief Judge, is attached to this order.

5 IX. REMOVAL FROM LIST OF CERTIFIED PROCESS SERVERS A certified process server may be removed from the list of duly authorized certified process servers for any malfeasance, misfeasance, neglect of duty or incompetence, for any felony conviction, having had adjudication of guilt withheld or having been placed in pre-trial intervention for any felony or for a misdemeanor conviction involving moral turpitude or dishonesty. No person shall act as certified process server unless such person's name appears on an approved list of natural persons designated as certified process servers. A Nineteenth Judicial Circuit certified process server may have his or her certification revoked as follows: a. Any person aggrieved by a wrongful act or omission of duty by a certified process server in any connection with his or her service or any other interested person, may file a letter of complaint with the Chief Judge of the Nineteenth Judicial Circuit describing such wrongful act or omission, or the basis of the complaint. b. Upon receipt of such letter of complaint or on the Chief Judge's own motion, an Order to Show Cause which sets forth the grounds for the suggested removal may be directed to the certified process server. The Order will be sent by ordinary United States mail to the process server's address set forth in their application, and will require that they appear before the Chief Judge at a set time and place, to show cause why he or she should not be removed from the list of certified process servers. Notice shall also be given to the complainant. The Chief Judge shall conduct the Order to Show Cause hearing, at which time the complainant and the certified process server may appear and offer evidence. The hearing shall be summary in nature, and the formal rules of evidence shall not apply. If, from the evidence, the Chief Judge finds the process server guilty of malfeasance, misfeasance, neglect of duty or incompetence, the Chief Judge may suspend the process server for a period not to exceed ninety days or may revoke the prior certification and order the process server be removed from the list. If the letter of complaint alleges criminal activity on the part of the process server, the Chief Judge may also refer the matter to the Office of the State Attorney for prosecution. X. RE-APPLICATION AFTER REMOVAL A certified process server whose certification has been revoked by the Chief Judge for any reason, from the list of duly authorized certified process servers, may not re-apply for certification as a process server, until five years has elapsed since the date of removal. The time period shall be calculated from the day of the removal from the list of certified process servers. Before being considered for reinstatement, each person must meet and comply with the qualifications set forth in Article I, "Qualifications of Certified Process Servers To Be Included On the Approved List." The petition for reinstatement shall be made to the chief Judge and shall

6 be filed with the Court Administrator. Said application must contain the documentation set forth in Article II, "Application for Appointment." In addition, the application for reinstatement must set forth: a) the reason the person was removed from the list of authorized certified process servers; and b) good cause why the petition for reinstatement should be granted. No person shall be reinstated if the Chief Judge finds that the person has failed to. demonstrate that he or she has been rehabilitated. Upon reinstatement, the person's name shall be included on the current list of the certified process servers of the Nineteenth Judicial Circuit. The Court Administrator's Office shall issue an identification car to each re-instated certified process server, being his or her identification number. XI. DATEOFEFFECT A process server duly appointed and acting within the Nineteenth Judicial Circuit, pursuant to Amended Administrative Order 97-16, shall hereby remain certified and in good standing, unless such process server has been removed from the list and has not been reinstated, or has not renewed his or her certification. All other requirements of this Order shall become effective for all process servers on the date that it is signed by the Chief Judge. DONEANDORDEREDthis 12-- dayof.,2003infortpierce,51. Lucie County, Florida. GE NTH JUDICIAL CIRCUIT 6

7 COUNTY OF COURT RETURN OF SERVICE WRIT CASE NO. Plaintiff VS. Defendant Received this writ on the on the- day of day of,2 _, in,2 _, at.m" and served the same at County, Florida, as follows:,m., _INDIVIDUAL SERVICE: by delivering to the within named person a true copy of the process, with the date and hour of service endorsed by me. At the same time, I delivered to the within named person, a copy of the complaint, petition, or other initial pleading or paper.. Name.. SUBSTITUTE SERVICE: by leaving a true copy of this process, with the date and hour of service endorsed by me, and a copy of the complaint, petition, or other initial pleading or paper, at the within named person's usual place of abode, with any person residing therein who is 15 years of age or older to: Name Relationship and informing the person of the contents. _CORPORATE SERVICE: by delivering a true copy of this process with the date and hour of service endorsed thereon by me, and a copy of the complaint, petition, or other initial pleading or paper to: Name Title of (Corporate Name)-, as president, vice-president, or other head of the corporation, pursuant to F.S (1); _to the cashier, treasurer, secretary, or general manager, due to the absence of the above officers; _to any director, due to the absence of the above; _to any officer or business agent residing in the state, due to the absence of the above; _to, the agent transacting business for it in this state pursuant to F,S (2), in the absence of the foregoing officers Or, _to, the registered agent of the corporation pursuant to F.S, (3). _to, an employee of the within named corporation at the corporation's place of business because service could not be made on the registered agent for failure to comply with F.S _POSTED RESIDENTIAL: by attaching a copyof this process,togetherwith a copyof any attachments,to a conspicuousplaceon the property described within. Neither the tenant nor a resident 15 years of age or older could be found at the tenant{s) usual place of residence, after 2 attempts at least six hours apart. First Attempt.m. Second Attempt,m.. _OTHER: by delivering a true copy of this process, with any attachments provided, to.as _NON-SERVICE: and hereby return the same unservedon this diligent search and inquiry,the within namedcould notbe foundin day of.20_, for the reasonthatafter, County,Florida. REMARKS: I CERTIFY that I am a certified process server in the Nineteenth Judicial Circuit, in the State of Florida; and that I have endorsed on the original process and all copies served, the date and hour of service. CERTIFIED PROCESS SERVER C.P.S No.:, COUNTY, FLORIDA Fee $ The above form has been reviewed and approved by the Chief Judge of the Nineteenth Judicial Circuit, pursuant to section (6){b)