Administrative Order 2022-06.2

IN THE TWELFTH JUDICIAL CIRCUIT COURT FOR

SARASOTA, MANATEE, AND DESOTO COUNTIES, FLORIDA

ADMINISTRATIVE ORDER 2022-06.2

(Amends and supersedes 2015-24-2)

In re: AMENDED PROCEDURES FOR THE

APPOINTMENT OF CERTIFIED

PROCESS SERVERS

_________________________________________/

It is necessary to update and amend the procedural requirements of the process server

application process delineated in Administrative Order 2015-24-2. The primary changes are that

all applications are now required to be submitted electronically online, and the circuit now

accepts online credit card payments for the application fees and lost identification cards.

Sections 48.021 and 48.25 - 48.31, Florida Statutes (2021), referred to as the “Florida

Certified Process Server Act”, authorize the Chief Judge of each circuit to qualify, appoint and

remove certified process servers in the respective circuits. This authorizes a person to serve

initial non-enforceable civil process on a person found within the circuit where the process server

is certified when a civil action has been filed against such person in the circuit or county court.

IT IS ORDERED AND ADJUDGED that pursuant to the authority vested in me as

Chief Judge of the Twelfth Judicial Circuit of Florida, an approved list of certified process

servers for the Twelfth Judicial Circuit is hereby established with specific timeframes for

accepting renewal and new process server applications as set forth below. Certified process

servers may be chosen by counsel or parties without the necessity of a motion and order in each

individual case, and pursuant to the following requirements.

SECTION I - QUALIFICATIONS

The prospective certified process server must meet and comply with the following

requirements as set forth in the Florida Certified Process Server Act

1. Be at least 18 years of age;

2. Have no mental or legal disability;

3. Be a permanent resident of the State of Florida;

4. Submit to a background investigation, including the right to obtain and review the

criminal record of the applicant;

5. Include with the application a Certificate of Good Conduct which specifies there is no

pending criminal case against the applicant; no record of any felony conviction, nor a

record of a misdemeanor conviction involving moral turpitude or dishonesty within the

past 5 years. “Convicted” means adjudicated by a court;

See Chapter 48, Florida Statutes.

6. Provide proof of completion of a service of process examination. Applicant shall provide

one of the following:

a. Proof of completion of an orientation program in service of process conducted by

a designated representative of the Sarasota County Sheriff’s Office; or

b. Proof of completion of a self-study course in service of process conducted by a

designated representative of the Sarasota County Sheriff’s Office.

7. Execute a bond in the amount of $5,000 with a surety company authorized to do business

in this state for the benefit of any person wrongfully injured by any malfeasance,

misfeasance, neglect of duty, or incompetence of the applicant, in connection with his/her

duties as a process server. Said bond shall be renewable annually. There cannot be a

lapse in the bond at any time during the process server’s period of certification.

Applications that do not include a bond that is valid through the end of the requested

certification period will be denied; and

8. Take an oath of office that s/he will honestly, diligently, and faithfully exercise the duties

of a certified process server. The oath is administered upon final acceptance and

approval of the certified process server’s application and is kept on file in Court

Administration.

SECTION II – APPLICATION PERIOD

All applications for appointment as a certified process server, both new applicants and

renewals, are only accepted during the months of July and August each year. Any individual

seeking appointment as a certified process server under this Administrative Order shall make the

request for such appointment to the Chief Judge of the Twelfth Judicial Circuit beginning July 1

but no later than August 31

of each year. All applications must be made online at the court’s

website www.jud12.flcourts.org. Any applications received between September 1

and June 30

will not be considered.

SECTION III – APPLICATION REQUIREMENTS FOR NEW APPLICANTS

A new applicant is someone not currently on the court’s list of Certified Process Servers.

If you were previously a Certified Process Server but let your certification lapse or your

application was rejected, you must apply as a new applicant. New applicants must submit a

completed online application to Court Administration. The applicant must also provide the

following documents electronically online:

a. Proof of completion of a service of process examination administered by the Sarasota

County Sheriff’s Department, as defined in Section I, subsection 6 above; and

b. Three letters of recommendation attesting to the applicant’s sound moral character. At

least one of the letters must be from an active member of The Florida Bar in good

standing; and

c. Online acknowledgement and acceptance of the Twelfth Judicial Circuit Statement of

Policy and Certificate of Good Conduct of Certified Process Servers and

Acknowledgment and Verification; and

d. A completed Authorization and Consent for Release of Personal Information and

Criminal Background Check; and

e. A $5,000 bond that expires no earlier than August 31

of the following year; and

f. A non-refundable application fee payable by credit card

online, or by check or money

order in the amount of $220.00, to “Sarasota Board of County Commissioners.”

New applications are not reviewed until the payment is received. If the application does

not facially meet the requirements above, Applicants have until August 31

to cure whatever

application deficiencies were noted. If Applicant fails to submit a facially sufficient application

to Court Administration by August 31

, the application will not be accepted. Application fees

are nonrefundable.

SECTION IV – APPLICATION REQUIREMENTS FOR RENEWAL APPLICANTS

Persons appointed last year may apply for a one-year renewal of appointment each year.

If you are not on the current list of Certified Process Servers, you are not eligible to submit a

renewal application. The applicant must also provide the following documents electronically

online:

a. A renewal application; and

b. A $5,000 bond that expires no earlier than August 31

of the following year; and

c. Online acknowledgment and acceptance of the Twelfth Judicial Circuit Statement

of Policy and Certificate of Good Conduct of Certified Process Servers and

Acknowledgement and Verification; and

d. A completed Authorization and Consent for Release of Personal Information and

Criminal Background Check; and

e. A non-refundable application fee payable by credit card

online, or by check or

money order in the amount of $125.00, to “Sarasota Board of County

Commissioners.”

Renewal applications are not reviewed until the payment is received. If the renewal

application does not facially meet the requirements above, Applicants have until August 31

cure whatever application deficiencies were noted. If Applicant fails to submit a facially

sufficient renewal application to Court Administration by August 31

, the application will not be

accepted. Renewal applications received by Court Administration between September 1

and

June 30

will not be considered. Renewal application fees are nonrefundable.

Online credit card payments are also charged a convenience fee, which is currently 3.5%. This convenience fee is

paid directly to the company processing the payment, does not go to Court Administration and is in addition to the

new application fee.

Online credit card payments are also charged a convenience fee, which is currently 3.5%. This convenience fee is

paid directly to the company processing the payment, does not go to Court Administration and is in addition to the

renewal application fee.

Neither Court Administration nor the Chief Judge is responsible for reminding a certified

process server that it is time to apply for renewal. Failure to renew properly and timely between

July 1

and August 31

every year will result in the certified process server being removed from

the list and losing all standing as a certified process server.

SECTION V – CRIMINAL HISTORY INVESTIGATION / BACKGROUND CHECK

Upon receiving a facially sufficient application for new process servers and renewals,

Court Administration will conduct a criminal history investigation of the applicant. If the

criminal history report indicates that the applicant is not eligible to be a certified process

server, the processing fee will not be reimbursed to the applicant.

If the application and criminal history report meets the requirements of the Florida

Certified Process Server Act, the applicant is eligible to be a certified process server in the

Twelfth Judicial Circuit.

SECTION VI – APROVAL AND APPOINTMENT OF CERTIFIED PROCESS

SERVERS, IDENTIFICATION CARDS and OATH

Once the application, fee and all supporting documents are received in proper form

by Court Administration, the Chief Judge will either approve or deny the application. If

approved, the successful applicant’s name will be added to the list of certified process servers.

Court Administration will provide the list of certified process servers to the respective Clerks of

Court for DeSoto, Manatee, and Sarasota Counties.

Court Administration will issue an identification card to each certified process server

bearing his/her identification number, printed name, signature, photograph, seal of the Twelfth

Judicial Circuit Court and an expiration date of August 31 of the following year. All applicants

approved to be certified process servers are required to come to Court Administration and get a

new photograph and identification card every year. This identification card must be worn in

a conspicuous location whenever a certified process server is serving process. It should

always remain visible and no other badge should be worn in lieu of this identification card,

including, but not limited to, homemade badges, store bought gold stars, etc.

Certified process servers will also be given a verbal oath by Court Administration and

must appear in person for that oath to be administered. If an identification card is lost, a $25

replacement fee, payable by credit card online

, or by check or money order, will be assessed to

replace it.

Online credit card payments are charged a convenience fee, which is currently 3.5%. This convenience fee is paid

directly to the company processing the payment, does not go to Court Administration and is in addition to the

replacement fee.

Neither the Chief Judge, the Court Administrator, nor any employee of Court

Administration shall bear any civil liability for a certified process server’s action or for the

termination or suspension of the privilege granted by this Administrative Order.

SECTION VII – DUTIES OF CERTIFIED PROCESS SERVERS

Each certified process server shall comply with all of the duties and responsibilities of

certified process servers set forth in Sections 48.25 to 48.31, Florida Statutes (2021), and this

Administrative Order, as they now exist, and may hereafter be amended or modified. Each

certified process server shall also comply with the “Statement of Policy and Certificate of Good

Conduct of Certified Process Servers” and “Acknowledgement and Verification” on file with

Court Administration.

Certified process servers shall only serve the legal documents and papers included in the

civil action for which s/he has been retained to serve process. No additional papers,

advertisements or brochures are authorized to be included in the service or process unless prior

approval for same has been granted by the Chief Judge.

SECTION VIII – PERIOD OF APPOINTMENT

Any authority granting the application for a certified process server under this Order shall

be valid for a period of one year, subject to annual renewal as hereinafter provided. All certified

process servers’ appointments expire on August 31

each year unless properly renewed, and all

bonds must expire no earlier than August 31

of each year.

SECTION IX – MAINTENANCE OF APPROVED LIST and RELATED MATTERS

Court Administration maintains a current list of all persons authorized to act as certified

process servers in the Twelfth Judicial Circuit. Court Administration is responsible for keeping

the list current with the addition or deletion of names as necessary, and for immediately sending

updated lists to the Clerks of Court in Desoto, Manatee and Sarasota Counties to post on their

websites.

Court Administration shall maintain separate electronic files of each of these: all

approved applications; all denied applications; all complaints received, investigations and

outcomes; and all removals from the approved list of certified process servers.

All certified process servers will be listed on the court’s website. The alphabetical list

consists of the photo used on the identification card, process server number, bond expiration,

phone number and location. This information is provided for the public to verify the identity of

certified process servers and does not indicate employment by the courts. Certain certified

process server information (photograph, home address and phone number) may be eligible for

exclusion from the website pursuant to section 119.071(4)(d), Florida Statutes, upon written

request and proof that the certified process server qualifies for the exclusion.

SECTION X – COMPLAINTS AND ALLEGATIONS OF IMPROPER CONDUCT

At the discretion of the Chief Judge, the following procedure may be followed upon

receipt of an allegation of improper conduct by a certified process server:

a. The complainant, or any other interested person, shall provide a written letter or

statement of allegations to the Chief Judge, describing the factual basis of the

complaint.

b. Upon receipt of the allegations or complaint, the Chief Judge may request that

Court Administration staff investigate the allegations. This may include

contacting the complainant, the certified process server, and any witnesses.

Alternatively, or additionally, the Chief Judge may issue an Order to Show Cause

requiring the certified process server to reply to the complaint and explain why

s/he should not be removed from the approved list.

c. Based on the facts stated in the complaint and information provided from the

investigation, the Chief Judge may take such action s/he deems appropriate,

including written reprimand, written warnings, suspension of the certified process

server, and/or permanent removal from the approved list. If there is alleged

criminal activity on the part of the certified process server, the Chief Judge may

refer the matter to a law enforcement agency with jurisdiction over the offense.

d. All findings and conclusions from an investigation will be in writing and sent to

the certified process server with a copy to the complainant.

SECTION XI – TERMINATION OF PROCESS SERVER CERTIFICATION

Persons appointed pursuant to this Administrative Order serve at the pleasure of the Chief

Judge. Their certification may be revoked, terminated, or suspended with or without cause at

any time by the Chief Judge. Termination or suspension of the privilege to act as a certified

process server shall be without recourse or legal or equitable remedy against any judge, member

of the judicial staff or employee of Court Administration.

A certified process server may be removed from the list of duly-authorized certified

process servers for malfeasance, misfeasance, neglect of duty or incompetence. Certified

process servers and their employers are advised that the filing of a false affidavit of service is a

criminal act punishable by fine and/or imprisonment as provided by state law. No person shall

act as a certified process server in the Twelfth Judicial Circuit if such person’s name has not

been included on the approved list of certified process servers or has been removed from such a

list.

SECTION XII – EFFECTIVE DATE AND TERMINATION OF EXISTING

ADMINISTRATIVE ORDER

This Administrative Order amends and supersedes Administrative Order 2015-24.2 and is

effective immediately.

DONE AND ORDERED in chambers, Sarasota County, Florida this 29

day of June,

2022.

____________________________________

CHARLES E. ROBERTS, CHIEF JUDGE

Distribution

Original to: Clerk of Court, Sarasota County

Copies to: Kim Miller, Trial Court Administrator

Clerk of Court, Manatee County

Clerk of Court, DeSoto County

Sarasota County Sheriff’s Office

All 12

Circuit Certified Process Servers

IT Dept.

5:09 pm, Jun 29 2022