2016 1st Quarter - Florida Association of Professional Process Servers

1st Quarter Board of Directors Meeting -
February 20, 2016
Established 1982
The Official Newsletter of the
1st Quarter Edition
Florida Association of Professional Process Servers
January 2016
25th Annual Conference
Inside this issue:
President’s Report
4
Administrators Report
8
Welcome New Members
9
Legislative Report
10
Conference Information
17
Learning by Serving
26
Getting Started in Business
28
April 15th—17th, 2016
Embassy Suites Lake Buena Vista South
Dedicated to promoting Professionalism,
Education, and Networking for over 30 years
Embassy Suites Orlando - Lake Buena Vista South
Kissimmee, FL
2
2015-2016 Association Guide
Board of Directors
Committees
Lance Randall, President
Arbitration & Grievance
Pembroke Pines
Chair: Allen Bryant, [email protected]
Members: Janet Deal, Sean Segel
(954) 214-8263
email: [email protected]
Mike Compton, Vice President
Best Practices
Amy Boyd, Bob Musser
Tallahassee
FAPPS Distinguished Service Award
(850) 877-9809
Chair: Diana Wardwell, [email protected]
email: [email protected]
Members: Mike Compton, Bob Musser, Lance Randall, Margie Zawacki
Denise Rock, Secretary
Finance & Investment
West Palm Beach
Chair: Margie Zawacki, [email protected]
(561) 296-7574
Members: Gary Crowe, Bob Musser, Lance Randall, Diana Wardwell
email: [email protected]
Formal Education (AFPS)
Margie Zawacki, Treasurer
Sarasota
Chair: Allen Bryant, [email protected]
Members: Russ Aloi, Bob Musser, Lance Randall, Denise Rock, Diana Wardwell
Elections
(941) 954-0169
email: [email protected]
Chair: Bob Musser, [email protected]
Members: Diana Wardwell
Allen Bryant, Director
Legislation
Orlando
Chair: Mike Compton, [email protected]
Members: Russ Aloi, Allen Bryant, Janet Deal, Troy McDonald, Lance Randall,
Diana Wardwell
(407) 872-0560
email: [email protected]
Member Benefits
Melody Bulso, Director
Tampa
(813) 877-2844 x2036
email: [email protected]
Frank Carreras, Director
Plantation
(954) 214-5194
email: [email protected]
Bob Musser, Director
Chair: Joe Osborne, [email protected]
Process Server Appointment (PSAC)
Chair: Melody Bulso, [email protected]
Promotion & Growth
Chair: Frank Carreras, [email protected]
Members: Lance Randall, Diana Wardwell
Technology Committee
Chair: Sean Segel, [email protected]
Allen Bryant, Mike Compton, John Shelley
Winter Park
Website
(407) 679-1539
Diana Wardwell, [email protected]
email: [email protected]
Webmaster: Bob Musser
Sean Segel, Director
Parliamentarian
Tampa
Bob Musser, [email protected]
(813) 251-9197
email: [email protected]
FAPPS LOBBYIST
Bob Levy
Administration & Membership: Diana Wardwell
Email: [email protected]
P.O. Box 72
Melbourne, FL 32902 –0072
(321) 952-0820
(877) 38-FAPPS Tollfree (321) 728-0818 Fax
Newsletter Submissions: Submissions to the Paper Chase are highly encouraged. The preferred method of submission
is electronic via email to [email protected] in Microsoft Word—though plain text format is fine. Articles will be
edited for style, grammar, and length, if necessary. Spelling will be checked but it would be a good idea if the author
checked this as well prior to submission. Advertisements must be camera ready. Electronic submissions are strongly
encouraged. All of the relevant information regarding advertisement submissions—including sizes available, ad rates, and
deadlines are on the submission form.
The Fine Print: The Paper Chase is published quarterly by the Florida Association of Professional Process Servers, Inc.
(FAPPS) a not-for-profit Florida corporation, for the benefit of the members. FAPPS assumes no responsibility for the
accuracy of any article printed herein, nor do the articles necessary reflect the policies or opinions of FAPPS unless
specifically noted. The articles are not to be construed as legal or accounting advice—those with such needs should
consult the appropriate professionals. The editor reserves the right to edit any article for content, grammar, length, and
style.
3
PRESIDENT’S REPORT
LANCE RANDALL, PRESIDENT
This will be my last news letter message as your President as the end of my term draws near. It has been quite the
honor to have served as your leader for the past four years and we have accomplished many amazing things during
that time.
My original intent of this farewell message was to recap all of those positive accomplishments. However, with the
abundance of potential changes on the horizon we simply cannot look at the past just yet. There will be plenty of
time for that at the annual conference in April. What we need to focus on today is the impending technology
changes that threaten our existence and the future of our association.
As society evolves, technology evolves and with it comes many new ideas of how every aspect of life can be
improved. There will always be someone out there searching for what they imagine is a better way, a cheaper way, a
faster way. They want to utilize technology to replace human beings. Their belief is that the use of technology
eliminates the common mistakes made by humans. Some seek a continuous labor force that does not need to take
breaks and can work around the clock. I believe that in some instances, we have become too reliant on technology
and when it fails, it fails big with huge financial repercussions. Computers are also not free from defect and are
subject to manipulation by anyone who has access to their programming. While everyone should welcome
technology as it improves the quality of our work product, we should never welcome it to a point where it replaces
human interaction.
FAPPS has continuously lead the pack when it comes to being proactive and this year will be no different. With
several proposed legislative changes to service of process, we are again showing our ability to think ahead. The most
important piece of our proposed legislation is the introduction of the definition of Electronic Service and by whom
said service may be made.
This proposal couldn’t have come at a better time as the FL Chief Financial Officer’s office; service of process
department is also seeking to introduce legislation of their own. Their bill seeks to allow them to receive service of
process electronically; a move that if not properly addressed could eliminate the need for a non-interested trusted
third party to actually execute the delivery of such process. Imagine the problems that will arise if those whom need
the process served to bind the court’s jurisdiction and those tasked with the acceptance of such service to be bound
by such jurisdiction are permitted to use the honor system to accomplish such an important part of the legal process.
If we could simply rely on the honor system, there wouldn’t be a need for the legal system or a judicial process at all.
The legislative body is continuingly changing. As younger people rise in their newly elected positions, so do their
ideals and desire to place their stamp on history. These newcomers are also very tech savvy and have become
comfortable with all the gadgets readily available. With this in mind, we must figure out a way to take advantage of
new technology and still remain relevant.
President’s Report Continued Next Page
4
President’s Report Continued
So as we look toward the future, we must also consider who will to serve on our Board of Directors for the upcoming
year. Nominations are now open and it is time for you to bring forward those you feel can and will continue the
progress we have made. Who can you think of to fill the position of our next President or Vice President? Do you
know anyone who is organized and responsible to be our next Secretary? How about someone who is trustworthy
and can handle the financial responsibilities of being our Treasurer? The position of a Director is a great stepping
stone for future advancement to an officer position. There are 5 director spots available on the FAPPS BOD and
provide a plethora of learning opportunities to new board members.
It is equally important to encourage new people to get involved. Volunteering to be a committee chairperson or at
the least, a member of a particular committee is a great place to start. There are endless positions within the
committee environment for anyone to help out. Maybe they only have 10 minutes, every other day or 10 hours a
week. Being a sounding board that we can toss ideas off could go a long way to helping launch even the smallest of
tasks. The only way this association will strive is with fresh new ideas or a new twist on an old idea that wasn’t quite
ripe enough at the time. Sitting back hoping someone else will come forward is a scary thought when your entire
livelihood may be at risk.
As I end this message, I hope to see you at the conference. Come out and show your support, take advantage of the
educational seminars as well as the networking opportunities and make your presence count by casting your votes for
the next group of people to take a seat on the board and lead us into the future.
Wishing you all well,
Lance Randall, AFPS
President, Florida Association of Professional Process Servers
[email protected], www.fapps.org
TPC
25th Annual Conference
April 15-17, 2016
Embassy Suites Orlando-Lake Buena Vista South
4955 Kyngs Heath Road
Kissimmee, FL 34746
https://aws.passkey.com/event/13915634/owner/10810031/home
1st Quarter Board Meeting
February 20, 2016 9:00 a.m.
The Point Orlando Resort
7389 Universal Blvd.
Orlando, FL 32819
(866) 994-6309
3rd Quarter Board Meeting
July 23, 2016 9:00 a.m.
Wyndham Grand Jupiter at Harbourside Place
122 Soundings Avenue
Jupiter, FL 33458
(800) 996-3426
5
Make Plans to Attend a
Membership Listings are
continuously updated throughout the year upon
notice of any changes
FAPPS Meeting
Get Involved!
Email updates to [email protected]
Confirm your listing at
www.fapps.org - Member Search
Deadline for final changes prior to Annual
Membership Directory Printing is April 18, 2016
25th Annual Conference
April 15-17, 2016
FAPPS IS ON FACEBOOK!
“Like” our page today and share with others
Search “Florida Association of Professional
Process Servers”.
You can also view the page at
www.Facebook.com/FAPPSonFB
6
7
ADMINISTRATOR’S REPORT
Diana Wardwell
Dear Members,
Welcome to 2016! FAPPS has yet another busy year
planned with upcoming meetings, our 25th Annual
Conference, Educational Classes, and Networking
Opportunities. We continue to promote the association
to increase awareness of the important role of the
professional process server and expand benefits for
members.
Membership dues are now past due. If you have not
had a chance to forward your payment, it’s not too late
to renew. Maintain your active membership status by
renewing by January 31, 2016.
We also have many advertising opportunities in our
newsletter, directory, banner ads and mailing labels
available. Our advertising form is included online and at
the back of the newsletter. There has been no change
in any of our rates which still remain quite competitive
to benefit members. Contact me to reserve your ad
space today!
Upcoming Publication Deadlines & Calendar Dates
March 24, 2016
Conference Registration & Hotel Deadline
See Page 18 for Full Conference Details
April 18, 2016
Newsletter & Membership Directory



2nd Quarter Newsletter - Advertisements &
Articles
Membership Listing Confirmation Deadline
Membership Directory Advertising Deadline
Surveilx, Inc.
Palm Beach & Alachua County, Florida
Membership Report
December 15, 2015
Active Members
283
Associate Members
84
Pending Applicants
2
Total
369
Interest and participation in our Member Referral
Program remains strong. This is a great way to receive a
$25 discount off your 2017 dues for each person you
refer. The current cycle of the program runs through
October 31, 2016.
If you have any questions on any of our programs or
services, do not hesitate to contact me by phone or
email.
It is a sincere pleasure to continue to work with each of
you and I hope to see you at an upcoming meeting.
Diana Wardwell, Administrator
TPC
Process Server Bonds
Full Service Insurance
[email protected]
(561) 627-5377 or (561) 371-8548
“Low Price Service for
Corporate Creations Network”
8
Welcome New Members
Applicants are published the first day of each month at www.fapps.org and through
email notification. Applicants automatically become a member the first day of the
following month, pending no objection. Thank you for your support of FAPPS!
Steve Bahamondes
S & M Process Serving, LLC
P.O. Box 1114
Dundee, FL 33838
(863) 604-1279
Keith Stalcup
Certified Corporate & Process Services
P.O. Box 496448
Garland, TX 75049
(972) 279-6100
Guy W. Allen
AKA Process, LLC
1822 Marigold Ave.
Sebring, FL 33875
(863) 471-9788
Michele Amic
Amic Process Services, LLC
1160 Woodland Terrace Trail
Altamonte Springs, FL 32714-1808
(407) 310-0090
Dante DePanicis
Stellar Documents, Inc.
P.O. Box 741854
Boyton Beach, FL 33474
(561) 736-9193
Rob Cole
Rob's F.T. Process Servers, LLC
504 S.E. Eighth Street
Ocala, FL 34471
(352) 615-5715
Heather S. Phalin
On Point Process Servers
5200 NW 43rd Street
Gainvesville, FL 32606
(352) 225-5082
Help grow FAPPS and receive a discount on
your membership dues for your efforts.
Member applications received by October 31,
2016 will be counted toward your dues for 2017.
Special & Certified
Process Servers
INVESTIGATIVE PROCESS SERVICE, INC.
SANDRA KAYE EISENBERG, PRESIDENT
Contact fellow process servers and provide them
with an application for membership with your
name listed on the “referred by” line.
390 North Orange Avenue
Suite 1650
Orlando, FL 32801
P.O. Box 3551
Orlando, FL 32802-3551
407-426-7433
Fax: 407-426-6968
Toll Free: 1-888-426-7436
You will receive a $25 discount off membership
for each person that you refer (up to a free
membership).
9
Legislative
Mike Compton
Committee Chair
[email protected]
(850) 933-9333
FAPPS has sponsors on both sides of the House and Senate. This was a difficult year to get committed
sponsors due to last year’s session being cut short. The bills that did not get heard last year were again on
most legislators’ plates and therefore there were limited available slots. The session began January 12 and
is scheduled to go through the end of February.
The Chief Financial Officer (CFO) submitted a Bill this year that will allow for electronic service from
Attorneys. If/when this bill passes and is signed by the Governor service can be made to CFO (200 Gaines
St.) by e-mail, mail, fax, Process Server and by any electronic service. Remember only the attorney can
determine the mode of service.
The Bankers Association also submitted a Bill that will only allow service at one designated location. If
passed, we will no longer be able to serve branches or other facilities except the designated location
determined by the CFO website. We met with them and were able to make some significant changes from
their original proposal.
The following 2 proposals are inclusive of the Bill we have submitted. We will work these through different
committees on both sides and hopefully get them to the floor. Stay tuned and when we discover more
information we will share it via FAPPS web page.
Legislative Proposals;
1. Add the following to Chapter 48.031:
(5) If the address for the registered agent, officer, director, or principal place of business is a virtual
office, service may be made by leaving a copy of the process with the person in charge of the virtual office
if the registered agent, any officer or director or the business maintains an office at the address.
2. Update Section 8. Section 49.13, Florida Statutes, is created to read:
49.13 Electronic service of process.—On filing a motion with the sworn statement attached as an
exhibit, and otherwise complying with the requirements of this chapter, the plaintiff is entitled to have an
order from the judge granting service of process electronically. Service of process electronically may only
be perfected by a special process server authorized to serve process under s. 48.021. All electronic service
shall be done by a person authorized to serve process pursuant to FS 48.021.
As you reflect on each one of these issues, please understand that none of them have become statutes but
when you attend the annual convention you will know the status of each one. My good friend and fellow
process server Mike Nolan has written a very serious and heartfelt message to all of you. His message is
letting you know this is the beginning of the future of our profession, either get involved now or get left
behind. Legislation is not the panacea but with your involvement and willingness to change it is extremely
valuable.
Legislative Report Continued Next Page
10
Legislative Report Continued
With the talented, unselfish members we have in our association FAPPS will always be successful together
as one voice. Just to let you know this session was more than just one person. With the concern of CFO
and Bankers bill we were able to reach out and get input from Bob Musser, Lance Randall, Mike Nolan and
as always the legislative committee. The back and forth of FAPPS bill had been going on for 3 years. You
may ask why it has taken so long, but politicians have many people pulling them in various directions.
These are the makeup of your legislative committee members. Janet Deal, Diana Wardwell, Russ Aloi,
Lance Randall and Allen Bryant, mostly Bob Levy and his staff. Please stop by and thank each one. I am
sure they will say it was a team effort and many times we all had to swallow our type A personalities to do
what was best for FAPPS. Thanks to all of them for their willingness to serve, because if it were not for
them we would never have had a chance.
I would like to recommend we call the Virtual office bill “The Denise Rock Law”, once it passes. Denise
brought it to our attention and was relentless. She would never let us forget it and was ready to assist at
a moment’s notice. A special acknowledgement to Allen Bryant who is our behind the scenes man or
“The Oz”. Allen received so many of my calls and emails needing immediate action and he made it
happen. His guidance was much needed but when he told me to follow the yellow brick road he lost me.
Thanks again to all of the members and if it was not for each and every one our success would have been
nil.
Thanks, Mike
TPC
Mike Compton, Vice President & Legislative Chairman
O’Rourke Investigative Associates, Inc.
Corporate Offices: 1225 N. King St 4th Floor Wilmington DE 19801
Post Office Box 368 Wilmington DE 19899-0368
Low Flat Fee ANYWHERE in the State of DELAWARE
GPS Verified Service Data
*SAME DAY SERVICE SPECIALISTS*
Field Offices in Lewes DE, Philadelphia PA and Ocean City NJ
Private Investigation Staff of Retired FBI, State Police and Wilmington PD
(866) 427-3600 * (302) 427-3600 * (302) 656-8977 fax
[email protected]
11
12
Nolan Process Servers, LLC
7498 Anglewood Lane
Tallahassee, Florida 32309
Telephone: (850) 562-6058
Telefax: (850) 552-9552
E-Mail: [email protected]
E.I.N. #30-0409761
To:
All FAPPS Members
From: Michael C. Nolan, CPS #111
Date:
January 10, 2016
Re:
2016 Proposed Bill
Service on the Department of Financial Services
By way of introduction my name is Michael Nolan and I am the owner of Nolan Process Servers, LLC. I have
been a process server in the State of Florida for over twenty (20) years.
The purpose of this communication is to bring you up-to-date as to the proposed legislation regarding service
of process (electronically) on the Department of Financial Services. At this time, DFS will accepted service one
of three ways: regular mail, certified mail and by a process server. The Proposed Bill, as it stands right now,
is going to be passed. So, what does this mean to you as a process server? The answer is no matter where
you are in the State of Florida and no matter what certified server is utilized for service to this State Agency,
the work is going to be greatly diminished. Again, I reiterate, this certainly affects the servers in Tallahassee.
However, it will also affect all of you who send work to Tallahassee to be served on this Agency.
So the question begs, what can we do? Our approach is not to just “give up” and stand aside such that the
State will have its way. There are numerous meetings by various Committees (in both the House and the
Senate) taking place in the upcoming months. THESE MEETINGS ARE OPEN TO THE PUBLIC. As a Citizen of
the State of Florida and a process server with quite a bit at stake, I cannot emphasize enough the importance
of personal attendance at any or all of the meetings such that a united front will be presented on behalf all
process servers in the State of Florida.
FAPPS is 100% behind us as well as Bob Levy (lobbyist for FAPPS) and his supporting staff. This equals only
a handful and/or small portion of the support that needs to be presented prior to the passing of the Proposed
Bill.
PLEASE!! don't just sit back and think that “I don't need to go because I can't or won't make a difference.”
You are the difference. You are needed! As previously stated this will affect each and every one of us
monetarily.
Should you have any questions and/or concerns, not only is my office number listed above but my personal
cell phone number is (850) 556-6465.
I hope to see you in Tallahassee!
MCN:l
13
14
Education Course Schedule
April 17, 2016
9:00 a.m. to 1:00 p.m.
DO YOU NEED AN EDUCATION
CLASS TO APPLY FOR OR
RENEW YOUR LICENSE OR
CERTIFICATION?
4 Hour Annual Renewal/Continuing Education
Course
Embassy Suites Orlando -Lake Buena Vista South
4955 Kyngs Heath Road
Kissimmee, FL 34746
Contact [email protected] to register
Our course is approved in the following areas:

9th Judicial Circuit – Initial licensing &

10th Judicial Circuit – Initial licensing &



20th Judicial Circuit - Renewal
19th Judicial Circuit – 20 Hour Initial licensing
renewal
renewal
FAPPS AFPS Accreditation
Use the FAPPS AFPS designation to
promote your commitment to continuing
education
CONTACT DIANA WARDWELL,
ADMINISTRATOR @ [email protected]
(321) 952-0820
to be added to the list for classes to be
scheduled in your area.
Changes to Federal Rules of Civil Procedure Effective December 1, 2015
Numerous amendments to the Federal Rules of Civil Procedure came into effect on December 1,
2015. The amendments are to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84. These
amendments will have a variety of effects on the preparation of cases and the handling of
potential claims. The following is a summary of the significant change that affects service of
process.
Rule 4: The new rule reduces the time for service of process after the filing of a complaint from
120 days to 90 days. It also appends a new waiver of service form to the rule.
15
16
Election Procedure
In 2003, the FAPPS Board enacted changes in the Policy and Procedure Manual and
established an Election Committee (EC) to ensure that our election procedure is fair, smooth,
and efficient.
The goals for changing these procedures were these:
 To ensure that candidates have sufficient time to think through what it means to be a leader
of FAPPS and to allow them to put their thoughts in writing.
 To streamline the procedure so that nominations and the election itself do not take over the
entire convention.
 To allow the members sufficient time to find out who is running, read their position papers,
and make informed, considered, intelligent decisions on who they want to lead FAPPS.
The elections for 2016 will be for the full slate of officers and directors.
Nominations will be accepted in writing (paper or email is fine) by the Election Committee
(EC). The nomination window for 2016 is from January 4th, 2016 through April 6th, 2016 at 5:00
pm EST. There will NOT be an additional nomination window at the annual convention itself.
The EC will verify that the nominee is eligible to hold office and ask the nominee to Accept
or Decline the nomination.
The EC will ask that each Nomine furnish a one page “position paper” as early as possible in
the election cycle. These position papers will be published on the FAPPS website on a weekly
basis. In addition, the final date to provide a position paper will be April 11, 2016 at 5:00 pm
EST. All position papers will then be gathered into a handout to be distributed to the members
during convention registration. This will allow sufficient time to review, ask questions of the
candidates in person to better make a decision about the leaders they are about to elect.
Nominees, their acceptance or decline status, and their position papers will be kept up to
date on the FAPPS website.
Once the Nomination Period is open, please send your nominations via email to the
Election Committee Chair, Bob Musser, at [email protected] and be sure to include the
nominee’s name, the position nominated, and if you know it, the nominee’s email address. As
Nominations are made and accepted, you’ll be able to check the status anytime on the FAPPS
website at www.fapps.org/elections.
Here Comes The Judge
ProVest, LLC
AlaServe, LLC
Database Services
Process Services, Inc.
Select Document Services
Additional sponsors are welcome and appreciated - Spotlight your business through advertising and sponsorship
Contact Diana Wardwell, Administrator - [email protected] for more details
17
Florida Association of Professional Process Servers
25th Annual Conference
April 17-19, 2016
Embassy Suites Orlando Lake Buena Vista South
4955 Kyngs Heath Rd.
Kissimmee, FL
*Networking
*Education
*Fun Events
*Annual Meeting
*Elections
*Exhibitors
Special Sponsorship and Advertising Opportunities Available
www.fapps.org * [email protected]
Florida Association of Professional Process Servers * 321-952-0820
P.O. Box 72 * Melbourne, FL 32902-0072
18
19
Conferenc e Speake
r
ker
a
e
p
S
e
c
n
e
r
e
f
n
Co
Skip Tracing for Process Servers
Education coming to you at the FAPPS Convention 2016
By: Steven K. Brown
Author of The Complete Idiot’s Guide to Private Investigating
Steven Kerry Brown began his investigative career with the FBI. He
received his training in Quanitco, VA and was assigned in several locations
nationwide and in Puerto Rico. He worked on Foreign Counter-Intelligence
(FCI) and helped develop FCI assets (Double Agents and informants) in
Chicago, Phoenix and Puerto Rico.
After Leaving the Bureau, Steven Brown initiated Millennial Investigative
Agency. This agency has been licensed in the state of Florida for over 30 years.
The scope of investigations handled by Millennial have included all categories
and any type of investigation one could imagine.
We have invited Steven Brown to prepare for us a presentation of skip
tracing, due and diligent affidavits and the boundaries of a process server.
20
FAPPS 25TH ANNUAL
CONFERENCE
APRIL 15-17, 2016
KISSIMMEE, FL
4 Annual fapps bingo
B–4
th
You saY bingo is for retirees on a cruise…
You need to try BINGO at the 2016 FAPPS convention. Sign up for a few hours
of fun after the Welcome Reception on Friday Night.
We look forward to seeing all our previous players/winners and some new faces
too!
~Amy Boyd
GOT RAFFLE ITEMS?
In addition to our 50/50 drawing, all throughout the weekend we raffle off items
donated by our members, sponsors, and exhibitors.
Gather your items and bring them to the registration desk at the conference. You can
also mail send them to the administrators office.
3rd Annual President’s Cup Golf Tournament
Friday, April 15, 2016 7:30 a.m.
Contact: Lance Randall - [email protected]
Diana Wardwell - [email protected]
21
22
23
24
The Pawsitive Direction Program
Denise Rock
The Pawsitive Direction program developed by Denise Rock and
Loxahatchee Animal Rescue Community, Inc. (L.A.R.C.) is a program
designed to assist not only shelter dogs, but the men in custody in the
Okeechobee Correctional Facility work camp. It is the intention of this
program to have Melody Owens, owner of Star Dog Obedience, teach
the men how to train the dogs brought into the program basic
obedience, socialization, and more.
The end goal is for the dogs to receive their Canine Good
Citizen (CGC) certificate therefore giving them a better
opportunity for adoption. This program not only gives the
dogs a second chance, but will provide the men serving
prison sentences skills in hopes they are able to find gainful
employment utilizing said skills when released. The canines
within the Pawsitive Direction program will be pulled from
Palm Beach County Animal Care and Control. Most will be
considered of adult or senior age. Special consideration will be made on a case by case basis
for younger canines to join the program.
Florida Association of Professional Process Servers
Masquerade Ball 2016
The Board of Directors and Convention organizers
request the pleasure of your company at the 25th Annual Celebration of the
Florida Association of Professional Process Servers.
Saturday, the sixteenth of April , two thousand sixteen
at six – forty five in the evening.
Embassy Suites Orlando – Lake Buena Vista South,
4955 Kyngs Heath Road, Kissimmee, FL 34746
* Masks Requested
** Registration must be received by March 24, 2016 to avoid a late fee
25
Learning from Serving
An Educational Forum
Submitted by Dr. Denny Howley
Catch Me/US IF You Can!!!
Situation
Smoking out the “rat hole”
Our Professional, long experienced Process Server was
assigned to serve four (4) defendants who were officers in
a corporation. The serves had to be individual serves. The
Corporate Summons had already been served on an
employee (between the hours of 10:00 am-12:00 pm Monday-Friday), at the office listed with the Florida
Division of Corporations. No Registered Agent or other
officer of the corporation had been available at that time.
While the serve had not been a success, it had shaken up
the office and the lawyer, who undoubtedly was nervous
over his “culpability” in thwarting the four serves. Ergo,
he would want the AVOIDERS out of his office ASAP.
They, the payers of his fees on the other hand, would have
wanted to drag their feet and seek to delay the departure
for fear of running into the Server in the building lobby or
loitering on the street outside the building. The question
for the server, therefore, was how long would it take for
the lawyer and the AVOIDERS to reach a compromise, so
their departure from the building could take place.
Our Server’s client told him that the four corporation
officers were seeking to AVOID service. At the time, the
lawyer-client said, the four AVOIDERs were in
conference with their attorney at their attorney’s office in a Professionalism, Experience and Patience
high rise professional building complex. Since our Server
knew three of the four by sight, from previous serves, he
Fortunately, it didn’t take too long for the lawyer to
hoped this job would be a “slam dunk” and promptly
persuade the four AVOIDERS to vacate his office, as our
drove to the AVOIDERS attorney’s building.
Server waited patiently for the building to “discharge” the
“find-me-if-you-can four”. About fifteen minutes after
Obstructing the Service of Process (843.02) ?
leaving the “protective” lawyer’s office, the four
cautiously exited the building, obviously relieved not to be
met by a Process Server. They paused for a quick smoke to
A few minutes later, our hard-charging Server arrived at
relieve the tension and a few words before going their
the attorney’s building and took the elevator up to the
separate ways. Stepping into a partially concealed doorway
office. In the reception area he asked the receptionist for
the attorney. She called, and a few minutes later, a woman of the building, they lit up.
who identified herself as the “assistant to the attorney”
came out. Our Server explained why he was there and she Our server, overjoyed with his evaluation of the situation
said she would see if the attorney or any of the individuals and the “smoke break”, walked up to the “find-me-if-youthe Server was seeking were in the office area. Some ten
can four”, who were in a huddle with their backs to him.
(10) minutes later, the “assistant” returned and with a
He greeted them cheerily and addressed each by name as
straight face, stated the attorney “was not in” nor were the he handed them their respective documents. The “John
four individuals sought there either. Our ever polite
Doe”, unknown number four’s hand was already out to
Server pointed out to the assistant that maybe the truth was receive his papers. As our smiling Server left the group, he
being bent a bit, since he knew the attorney who was
commented on the dangers of smoking, adding “good luck
“out”, was in fact in the conference room with the four
and have a nice day”.
defendants.
After a few minutes of stalling, the somewhat flustered
“assistant” led the unbelieving Server to the conference
room. Amazing though it might seem, the conference
room was empty! More than a little irritated at the obvious
duplicity, and blatant obstructing the service of process,
our server left the firm’s office and returned to his car.
Learning By Serving Continued Page 25
26
Learning By Serving Continued
COMMENT
Had our Server not called the “assistant”/lawyer’s bluff, and meekly departed, this would be yet another story of a
lawyer “blowing a lowly Process Server” away. The “assistant”/lawyer, by denying that the “find-me-if-you-can-four”
were in the office, became a “player”. The firm, lawyer and “assistant”, now had potential ethical and obstructing the
Service of Process issues that could be exploited.
Whether either issue could be won in a court of law is another question. But even if either or both of the charges were
filed it could be costly, “image wise”, to the lawyer, his firm and possibly have financial consequences as well. By
stating he knew the lawyer and “find-me-if-you-can-four” were in the conference room at that time, our Server had
dropped a “very hot potato” in the firm’s lap.
The material for this article “Catch Me/US IF You Can!!!” was provided by Woody Murray, Serve Legal Process,
(813) 254-8762. Thanks Woody for great story, which high-lighted the fact that PROFESSIONAL Process SERVERS
are ALWAYS THINKING.
A Professional NEVER Stops Learning
TPC
27
Some Thoughts on Getting Started in the Process
Serving PROFESSION
Submitted by Dr. Denny Howley
It’s probably more than presumptuous on my part to write
such a “Think Piece”, but possibly it will help “newbies”
just getting started in our PROFESSION or even trigger
the on-going thought process’ with others as well.
Take my analogy of getting on a rush hour crowded
subway in New York City. When you first push, squeeze,
slide into a space on the body-to-body subway car you
will feel agitation, sometimes anger, sometimes words,
until the next stop. Then the process begins again, but you
I think at the outset one needs several things and they
are the one being pushed further back by another seeking
include:
to get a “space” on the already crowded subway car. As
the process continues, you become generally accepted as
1. A Plan
“us”, those holding a standing room space against “them”,
2. Some “Seed/investment” dollars, since it takes
the new comers at each stop seeking a “body space” on
time to get into a PROFESSIONAL business area the subway car.
where there are already established businesses.
3. A willingness to LEARN
I have an entire card file of Process Server Business’
4. A willingness to invest “sweat equity”
“wanna-bees”; Process Servers who quit. Process Serving
business’ that got off the “subway",' cause they didn’t
have a plan, seed money or could not deal with the
A Plan
realities of the Process Serving business environment (i.e.
Making money is certainly a criterion for anyone seeking competition, finding clients, time needed, etc.)
to have a business, but the planning has to be more
A Willingness to Learn
pointed and “bite-size”:
- Are you seeking to, at some stage, make a livelihood in
the Service of Process or just supplement other income?
- Will you initially “supplement” your Process Serving
“venture” with “other” financial resources (jobs, savings,
etc.)?
- Are you thinking “small”, i.e. gradual steps to achieve
your “plan”? Such as:






Phase I – JOIN Processional Organization like
FAPPS/NAPPS and getting involved.
Phase II - seek clients directly or serve for
established Process Serving business.
Phase III – Develop your own “core” of clients.
Phase IV – Start out sourcing Serves to subcontractors.
Phase V- to be determined by you.
Each phase should have “little steps” as well and
be continuously evolving.
Seed/Investment Money
Here the reality test is an honest look at yourself and the
general business environment of Serving Process. As
human beings we are ALL “self-centric”, but the
“competition” and the “climate” of the business arena we
seek to enter, or expand into, is generally not as impressed
with us as we are with ourselves.
I readily admit when I became a Process Server, back in
1997, I could hardly spell “Process Server”. Hence I
joined PROFESSIONAL Process Serving organizations,
went to the meetings, et al, to get a basic feel for the
business and the kinds of people and problems that existed
in the business environment. Then there are the
fundamentals of understanding the basic documents
served, since we are required to explain at least a bit of
what it means to the person served. Of course, there are
the basic legal requirements of Florida Statue Chapter 48,
which should be read, understood, practiced and
FREQUENTLY REVIEWED. Monitoring outside forces
that could impact on the Process Serving environment or
changes to Chapter 48 are equally crucial
On the other end of the learning curve is ACTUALLY
SERVING PROCESS. This is a face-to-face experience;
knocking on doors to people you don’t know, some of
whom may be hostile. It is a “people skill” that not
everyone has or can handle. The Process Server has to be
prepared to satisfy the “legal” requirements, avoid
confrontation, all the while demonstrating courtesy,
PROFESSIONALISM and often self-restraint.
“Getting Started” Continued Next Page
28
“Getting Started” Continued
And of course, there is the most “ unfun”, in my opinion, part of the equation – the paper work, Return of Service,
files, billing etc. But Remember when you get a document from a client you ARE THAT CLIENT! What you do
reflects on THEIR PROFESSIONALISM, their good name and will determine IF you get return business as well.
-- Basics like: Is the paper work done in a timely manner? Is it done correctly with no misspellings and typos? Is the
client’s name listed properly and spelled correctly, etc? This documentation is where the rubber meets the road – it is
a LEGAL DOCUMENT and should be treated as such.
-- Then there are those annoying areas such as - folks who do not provide returned addresses, or phone numbers,
“forget” the check and/or are s l o w sending payment or don’t bother to provide “instruction” as to exactly how they
would like the documents and documentation handled. If you are successful to the point where you are “farming”
service out to others, just remember to treat everyone as you would like to be treated – no matter how hectic and
frustrating it gets on your end.
Investing “Sweat Equity”
“Sweat Equity” means basically doing what you have to do to get the job done and creating a “happy” client. Ahhh
yes… don’t expect many kudos, because your clients are busy as well with their own businesses. However, return
customers should satisfy some of that human desire to get “stroked”. The many, many attempts just to get that serve
completed; the sometimes “strange” and almost always long hours to accomplish it; the old, incorrect names or
address’, are all part of the “cost “ of doing business as a PROFESSIONAL Process Server.
Such as this one I recently got to serve a woman at POE – turned out to be an “adult entertainment operation”,
which OPENED at 11:00 PM, and CLOSED at 6 AM. And of course no one uses their real name in this type of
“entertainment facility”…maybe the first one, but certainly not the last. Nonetheless she was served, the client was
“happy” and my wife didn’t get upset (anyway she didn’t say anything to me…yet J) Just another day or challenge in
the life of a PROFESSIONAL Process Server.
A Professional NEVER Stops Learning
Dr. Denny Howley owns and operates Dr. Denny Howley d/b/a serving process in Key West, ONLY (33040, 33041,
33045) Capital of the Conch Republic. Denny downsized after Hurricane Wilma in 2005 from covering the entire
Keys when the Process Servers Cooperative of the Florida Keys ( PSCFK) became Dr. Denny Howley. He has been
in the business of serving process since 1997. Denny lives in Key West with his wife Beverly and three “critters”
Sophie, Shadow and Pepper.
TPC
www.fapps.org
Your Everyday Resource!
Legislative Updates
Florida Statutes and Rules
Current News
Meeting Minutes
Meeting Notices
Archived Newsletters
Member Benefits
Relevant Links
AFPS Class Schedule
Advertising Opportunities
29
30
31
32
33
34
35
Florida Association of
Professional Process Servers
A NAPPS Chartered State Association
P.O Box 72
Melbourne, FL 32902-0072
Mailing address:
36