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38 verbatim requirements extracted from 3898-07__2017-03.pdf, across 3 topics.
Nineteenth Judicial Circuit (Indian River, Martin, Okeechobee, St. Lucie). Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
PROPOSED ORDERS • ADMINISTRATIVE ORDER 2017 - 03 (Supersedes Administrative Order 2002-08) • WHEREAS, it is necessary for the Chief Judge to establish an administrative process for review, approval, renewal, certification and regulation of persons authorized to serve initial non-enforceable civil process as provided by the Florida Statutes and this Administrative Order throughout the Nineteenth Judicial Circuit; • 1. Purpose. This administrative order is intended to ensure proficiency and professionalism in the service of civil process in keeping with the public trust and legal importance of proper service of process. • 3. Board means the Nineteenth Judicial Circuit Certified Process Server Review Board as established by this Administrative Order. • 4. Certified process server means a natural person who has met the requirements for certification provided for in section 48.29, Florida Statutes, and this Administrative Order, and who has been placed on the approved list of certified process servers by the Chief Judge of the Nineteenth Judicial Circuit. • 1. Board Composition . The Nineteenth Judicial Circuit Certified Process Server Review Board is hereby created to monitor the certification and conduct of persons certified pursuant to this Administrative Order and the Florida Certified Process Server Act. The Board shall be under the supervisory authority of the Chief Judge. The Chief Judge shall make all appointments to the Board and determine the size and composition of the Board; however, the Board shall have, at a minimum, one (1) certified process server pursuant to this Administrative Order, one (1) member of the Florida Bar practicing in this Circuit who regularly employs the services of a certified process server, and one (1) representative of Court Administration. Each member of the Board shall serve at the Chief Judge’s pleasure and discretion and shall serve without compensation or reimbursement of expenses. Such staff as • Any natural person seeking certification as a process server shall be at least eighteen years of age, be a permanent resident of the state of Florida, have no mental or legal disability, and meet the requirements of the Process Server Act and this Administrative Order. The Chief Judge may, from time to time by administrative order, prescribe additional rules and requirements regarding the eligibility of a person to become a certified process server or to have his or her name maintained on the CPSL. • 3. Certificate of Good Conduct . The Applicant shall obtain and file with the application a Certificate of Good Conduct certifying that there is no record of: (a) any pending criminal case against the Applicant; (b) any felony conviction of the Applicant; or (c) any conviction of the Applicant for a misdemeanor involving moral turpitude or dishonesty within the preceding five (5) years. See Exhibit “C” to this Administrative Order for Certificate of Good Conduct. • 4. Performance Bond. Applicants must file with the Designee evidence of a performance bond in the amount of five thousand dollars ($5,000.00) with a surety company authorized to do business within the State of Florida for the benefit of any person injured by misfeasance, malfeasance, neglect of duty, or incompetence of the Applicant in connection with his or her duties as a process server. The bond should name the Administrative Office of the Court, Nineteenth Judicial Circuit as obligee. The bond must be maintained at all times during the certification period and is renewable annually. Each ti me the performance bond is renewed, the Applicant must file proof of the renewal with the Designee. See Exhibit “D” to this Administrative Order for Process Server’s Bond. • 6. Education; Examination. Applicants who have completed an application and satisfied the requirements set forth in subdivisions 1 through 5 above shall file with the Designee proof of successful completion of a process server education course which meets the requirements established by Court Administration and is provided by an institution meeting accreditation criteria and other standards acceptable to Court Administration. See Exhibit “F” to this Administrative Order , Certified Process Server Education, for accreditation criteria and process server education course requirements. • 8. Issuance of Certification. Upon satisfactory completion of the specified prerequisites, the Board shall recommend the Applicant to the Chief Judge for inclusion on the CPSL. If the Chief Judge is satisfied that the conditions have been met, the Chief Judge shall issue an order placing the Applicant on the CPSL and provide a copy of the order to Court Administration and the Clerk of Court for each county within the Circuit. • 1. Renewal Application. The Renewal Applicant must submit a renewal application to the Designee, along with a non- refundable fee via personal check, cashier’s check or money order made payable to the St. Lucie County Board of County Commissioners in the amount of $75.00 at least sixty (60) day s prior to the expiration of the one-year period certification period. See Exhibit “B” to this Administrative Order for Certified Process Server Renewal A pplication. The Renewal Applicant also must include with his or her renewal application the items referenced in subdivisions 2 through 6 below. • of: (a) any pending criminal case against the Renewal Applicant; (b) any felony conviction of the Renewal Applicant; or (c) any conviction of the Renewal Applicant for a misdemeanor involving moral turpitude or dishonesty within the preceding five (5) years. See Exhibit “C” to this Administrative Order for the Certificate of Good Conduct. • 6. Performance Bond. The Renewal Applicant must file with the Designee evidence of a performance bond in the amount of five thousand dollars ($5,000.00) with a surety company authorized to do business within the State of Florida for the benefit of any person injured by misfeasance, malfeasance, neglect of duty, or incompetence of the applicant in connection with his or her duties as a process server. The bond should name the Administrative Office of the Court, Nineteenth Judicial Circuit as obligee. The bond must be maintained at all times during the certification period and is renewable annually. Each time the performance bond is renewed, the Renewal Applicant must file proof of the bond renewal with the Designee. See Exhibit “D” to this Administrative Order for Process Server’s Bond. • 8. Renewed Certification. Upon satisfactory completion of the specified prerequisites, the Board shall recommend the Renewal Applicant to the Chief Judge for continuation on the CPSL. If the Chief Judge is satisfied that the conditions have been met, the Chief Judge shall issue an order continuing the Renewal Applicant on the CPSL and provide a copy of the order to the Renewal Applicant, Court Administration and the Clerk of Court for each county within the Circuit. • 9. Denial of Renewal of Certification. If the Renewal Applicant fails to satisfy the specified prerequisites, the Board shall recommend to the Chief Judge that his or her renewal application be denied. If a Renewal Applicant wishes to challenge an unfavorable recommendation of the Board, the Renewal Applicant may, within 30 days of the notice of the unfavorable recommendation, request in writing that the renewal application material be reviewed by the Chief Judge. If the Chief Judge is satisfied that the conditions for renewal have not been met, the Chief Judge shall issue an order removing the Renewal Applicant from the CPSL and provide a copy of the order to the Renewal Applicant, Court Administration and the Clerk of Court for each county within the Circuit. The Renewal Applicant must surrender his or her Certified Process Server Identification Card to Court Administration. The Renewal Applicant denied renewal of certification may seek reinstatement by completing the requirements for New Applicants pursuant to Section A of this Part. • 1. A certified process server must comply and keep current with all applicable rules, regulations, administrative orders, and statutes in Florida and other federal, foreign or domestic jurisdictions pertaining to service of process. 2. A certified process server shall serve only non-enforceable civil process. 3. While serving process, a certified process server shall present his or her Certified Process Server Identification Card upon request. 4. A certified process server shall charge a reasonable fee for the service of process. There is no minimum or maximum amount that must be charged. 5. A certified process server shall not serve process in any cause of action in which they have an interest. 6. A certified process server shall serve process in a timely manner. 7. A certified process server is required t o type, legibly write, stamp, or by other printed methods, record the information required by section 48.21, Florida Statutes, on the return of service form. The return of service also must include the printed name and notarized signature of the certified process server and his or her • Certified Process Server Identification Card number; however, service of process may not be invalidated by a failure to include same on the return of service. 8. A certified process server must report immediately to the Designee any lawsuits brought against him or her due to his or her actions as a certified process server in any county or judicial circuit in Florida, or in any other federal, foreign or domestic jurisdiction. 9. A certified process server must immediately notify the Designee if the certified process server is arrested for any crime, including criminal traffic offenses, or is given a criminal Notice to Appear. 10. A certified process server must immediately report to the Designee any suspension or revocation of certification or disciplinary complaint or charges brought or filed against such certified process server due to the certified process server’s actions as a process server in any county or judicial circuit in Florida, or with any Florida Sheriff, or in any jurisdiction, foreign or domestic. If any certified process server’s certification is suspended or revoked in another county or judicial circuit in Florida, or in any other jurisdiction, his or her certification in the Nineteenth Judicial Circuit may be suspended or revoked. 11. No certified process server shall serve process for , or sub-contract with a natural person or business entity whose authority to serve process has been suspended or revoked in the Nineteenth Judicial Circuit, in any other county or judicial circuit in Florida, or in any other federal, domestic or foreign jurisdiction. 12. A certified process server must comply with any request made by the Chief Judge, the Board, or the Designee within seven (7) calendar days of the day of the request unless otherwise specified in this Administrative Order. 13. A certified process server must truthfully answer all questions and inquiries from the Chief Judge, the Board, or the Designee. 14. A certified process server must report any change in home or work address or telephone number to the Designee within five (5) calendar days of the change. 15. Although a certified process server is not an employee, agent, officer, or representative of the State of Florida or its political subdivisions, the Nineteenth Judicial Circuit, its judges or employees, or Clerks of Court in the Circuit, because a certified process server by virtue of his or her authority and identification give the appearance that he or she represents the Nineteenth Judicial Circuit when serving process, a certified process server shall: 1) be competent, courteous, professional, properly groomed and appropriately attired; 2) portray a professional appearance to the general public; and 3) refrain from any acts or statements that would impugn the judiciary or Court Administration. 16. A certified process server must conduct himself or herself professionally and with dignity while on or in the premises of the courthouses in the Circuit. Conduct toward and with the judges, employees of the judiciary, Court Administration, • No provision of this Administrative Order is intended to waive, in whole or in part, judicial, sovereign, or other immunity held by the Courts of this Circuit as either a body or as an individual. • A. This Administrative Order shall not apply to the Sheriffs of Indian River, Martin, St. Lucie, and Okeechobee Counties in the Nineteenth Judicial Circuit. • B. The provisions of this Administrative Order shall apply to all Applicants filing applications on or after the effective date of this Administrative Order, and to all Renewal Applicants after the effective date herein. Current certifications shall remain in effect but shall be renewed under these rules when the current • certification expires. Current certifications are subject to the restrictions and disciplinary provisions of this Administrative Order as of the effective date herein. • C. This Administrative Order shall take effect on March 1, 2017. Administrative Order 2002-08 In Re Appointment of Certified Process Servers is hereby SUPERSEDED. HEARING TIME & ARGUMENT LIMITS • 2. Duties. The Board shall have the responsibility to investigate and recommend process servers for inclusion on the CPSL; to review and investigate complaints regarding certified process servers, conduct hearings, and make written recommendations for disciplinary action to the Chief Judge; and to perform other tasks as are established by t his Administrative Order or delegated by the Chief Judge. The Chief Judge, in his or her discretion, may divide the Board into panels to accomplish its duties. • 6. Records. The Board shall maintain records of its meetings, hearings, and all other official actions. • See Exhibit “A” to this Administrative Order for I nitial Application for Certified Process Server. Court Administration shall accept applications for certification during normal working hours throughout the year. All certifications shall be good for one (1) year, except as otherwise set forth in Parts III through IV herein. • 5. Observation Requirement. Applicants must provide proof of completion of at least ten (10) hours of observation of service of process with a certified process server whose name appears on a list of mentor certified process servers maintained by Court Administration. A mentor certified process server must have been included on the CPSL and actively have been serving process within the Nineteenth Judicial Circuit for at least the last five (5) years. See Exhibit “E” to this Administrative Order for Affidavit of Mentor Certified Process Server. • Failure to submit all of the documents and pay all fees referenced in Paragraphs 1 through 6 to the Designee sixty (60) days before expiration of the certification period may result in a certified process server being removed from the CPSL and the temporary suspension of his or her certification without notice or hearing. Such individual must surrender his or her Certified Process Server Identification Card to Court Administration . He or she may seek reinstatement as a New Applicant pursuant to Section A of this Part. • 5. Continuing Education. To ensure that certified process servers have maintained adequate knowledge of current laws and rules applicable to service of process, renewal of certification shall require the successful completion at least four (4) hours of continuing education approved by Court Administration and which directly relates to service of process in Florida. The continuing education must be provided by an institution meeting accreditation criteria and other standards acceptable to Court Administration. See Exhibit “F” to this Administrative Order, Certified Process Server Education, for accreditation criteria and process server education course requirements. The continuing education must be taken within eleven (11) months prior to the day a renewal application is submitted, and the Renewal Applicant must file with the renewal application evidence of completion of the continuing education. • (a) dismiss the complaint; (b) issue a proposed disposition; or (c) set a hearing. • 6. No Hearing Demanded. A proposed disposition issued by the Board pursuant to paragraph 5(b) shall become final unless the certified process server demands a hearing within 30 days of the date on which the proposed disposition was issued. • 7. Timing of Hearing. Absent good cause, no hearing shall take place less than 30 days, or more than 90 days, from the date of notice of hearing pursuant to paragraph 5(c) or of the certified process server’s demand pursuant to paragraph 6 of this Section. • 1. Pre-hearing Discovery. Pre -hearing discovery shall not be permitted unless expressly authorized by the Board in response to a written request. • 3. Hearings to be Reported. The Board shall ensure that all hearings are reported or electronically recorded. • 4. Hearing Procedure. At the hearing, both the Board and the certified process server shall be afforded the opportunity to introduce documents and other relevant evidence, and to elicit sworn testimony. The Board may request the Chief Judge issue subpoenas to compel the attendance of witnesses. EXHIBITS & EVIDENCE • 2. Rules of Evidence. Strict rules of evidence shall not apply. The Board may, in its discretion, consider any evidence presented, including affidavits, giving such evidence the weight it deems appropriate. • 5. Board Deliberation; Decision. Following the presentation of evidence, the Board shall deliberate regarding its decision. Such deliberations shall take place in private. All decisions of the Board shall be by majority vote, in writing, and, if adverse to the certified process server, shall contain factual findings supporting the decision. A copy of the decision shall be sent to the certified process server by certified United States mail and to the complainant. • 1. Standard of Proof. If the Board finds that there is clear and convincing evidence that the certified process server has violated one or more of these rules, it shall recommend to the Chief Judge such discipline as it may deem appropriate, consistent with these rules.
ADMINISTRATIVE ORDER 2017 - 03 (Supersedes Administrative Order 2002-08)
Reviewer note: Document sha256: 41a10d23d627fc48b9cfc9229887ca50ed041b85add25e498f76eff97e45fcdf. One rule per order rather than per topic, so an order's requirements stay together. Published during the completeness pass. Text layer cleaned 2026-09-08 (Phase 3g): 7 kerning-split words rejoined; wording untouched. Verbatim from the order, captured 2026-07-24; whitespace normalised only. No OCR was used anywhere in this chain. [moved from the text 2026-09-14]
6 verbatim requirements on proposed orders in NINA W. DI PIETRO's division.
3 verbatim requirements on proposed orders in JOHN HURLEY's division.