2014 1st Quarter - Florida Association of Professional Process Servers

23rd Annual Convention - March 7-9, 2014
Page 20
Established 1982
The Official Newsletter of the
1st Quarter Edition
Florida Association of Professional Process Servers
Inside this issue:
President’s Report
4
Welcome New Members
9
Legislative Report
14
Learning by Serving
19
Convention 2014
20
Member Benefits
29
Orange County Update
33
23rd Annual Convention - March 7-9, 2014
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2
2012-2013 Association Guide
Board of Directors
Committees
Lance Randall, President
Arbitration & Grievance
Pembroke Pines
Chair: Allen Bryant, [email protected]
Members: Sean Segel, Billie Torchia
(954) 214-8263
email: [email protected]
Mike Compton, Vice President
Tallahassee
(850) 877-9809
email: [email protected]
Denise Rock, Secretary
Convention
Chair: Janet Deal, [email protected]
Members: Amy Boyd, Doug Bauer, Bob Musser, Gretchen Randall, Diana
Wardwell, Bethany Bauer, Denise Rock, and Julia Goldner
FAPPS Distinguished Service Award
Chair: Bob Musser, Chair [email protected]
Members: Mike Compton, Lance Randall, Diana Wardwell, Margie Zawacki
West Palm Beach
Formal Education
(561) 296-7574
Chair: Tammy Laughlin, [email protected]
Members: Russ Aloi, Bob Musser, Denise Rock
email: [email protected]
Margie Zawacki, Treasurer
Sarasota
Elections
Chair: Diana Wardwell, [email protected]
Members: Bob Musser
(941) 954-0169
email: [email protected]
Legislation
Doug Bauer, Director
Chair: Mike Compton, [email protected]
Members: Russ Aloi, Allen Bryant, Lance Randall
St. Petersburg
Member Benefits
(727) 688-9083
email: [email protected]
Chair: Denise Rock, [email protected]
Process Server Appointment (PSAC)
Allen Bryant, Director
Orlando
Chair: Melody Bulso, [email protected]
Members: Tammy Laughlin, Steve Lehr, Jack Smith, Lance Randall
(407) 872-0560
Promotion & Growth
email: [email protected]
Chair: Billie Torchia, [email protected]
Members: Mike Barberio, Amy Boyd, Frank Carreras, Beau Charlet, Bruce
Goldner, Bob Musser, Denise Rock, Barbara Sacks, Sean Spoonts, Diana Wardwell
Janet Deal, Director
Ft. Lauderdale
Technology Committee
(954) 474-4867
email: [email protected]
Chair: Melody Bulso, [email protected]
Members: Bob Musser
Bob Musser, Director
Website
Winter Park
Chair: Bob Musser, [email protected] Members: Diana Wardwell
(407) 679-1539
Parliamentarian
email: [email protected]
Bob Musser, [email protected]
Billie Torchia, Director
Ft. Myers
(239) 337-3630
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
Dear Friends, Members and Associates,
While the holidays have come to an end, we still have so
many things to celebrate. We have accomplished so
much over the past two years and seem to be on a pretty
good path to continue in this direction. Coming in to this
position, my focus was on public perception,
transparency,
membership
retention,
revenue,
performance, protection and longevity.
I felt it was extremely important to ensure the committees
created by those who served before me continued to
thrive. In order to do that, I needed to know what the
thinking behind them was and try to figure out how we
arrived here. My first order of business, after selecting
Chairpersons to lead the different committees, was to
create two additional committees.
After continuously hearing that statewide licensing would
never come to fruition, I wasn’t satisfied knowing that
some of you were still struggling with motions and orders.
This caused the creation of the Process Server
Appointment Committee. We are making great strides in
the counties where there is no process serving program.
Doors are slowly opening with Judges and Clerks of the
Court now entertaining meetings. The other committee
created was the Member Benefits Committee who has
brought you discounts on the everyday business
purchases such as tires/auto maintenance, office
supplies, shipping, client gifts, promotional products and
many other valuable items.
Another concern was our quarterly board meetings. I had
a hard time understanding why we had so much
constructive criticism (to put it lightly) with such little
participation. I was told “it had been this way for a while”
and “everybody’s a critic”. That didn’t sit well with me. I
felt that these are our members and we need to hear
what they have to say. Understanding that we could
never please everyone and learning very quickly that
some wouldn’t be happy even if we did everything their
way, we still needed to figure out how to reduce the cost
of attendance and make it as easy as possible for all to
show up. As time went on, we arranged meetings in
locations that would allow the members and their families
to attend together. During the past two years, we have
experienced a record number of attendees at all of our
meetings.
Then I turned my focus on revenue. I remembered
hearing “we are operating in the red” which was a bit
concerning to me. At the very next board meeting, I
challenged the entire board to start taking a hard look at
the treasurer reports and present possible ways to shave
off expenses or figure out how to generate additional
revenue. While this will continue to be a work in progress,
we have found ways to save hundreds of dollars a year
with just the restructuring of our phone bills.
Working directly with our administrator, we changed the
vision of the newsletters and revamped the entire
presentation of the product. As each issue becomes
more colorful and professional than the previous, the
advertising revenue has begun to cover the newsletter’s
expenses. With the ability to opt out of a hard copy
mailed, we have also seen a reduction in printing and
postage costs.
Continuing on the topic of revenue, we can segway into
our annual conference and talk about our Convention.
Organizing an event of this magnitude is probably one of
the most underappreciated projects conducted each
year. It’s real easy to sit back at the dinner banquet and
ask why this and why not that, but imagine trying to host
a three-day event for upwards of one hundred fifty people
with a budget of nothing while keeping the member’s
registration fees to a minimum. This brought about the
idea of offering individual sponsorship items in addition to
the group and general sponsorship opportunities. We are
grateful for the wonderful sponsors that make it all
possible. There are still some sponsorship opportunities
available for the upcoming conference in March.
Legislatively, we got off to a slow start in 2012. Losing
one of our biggest advocates in Tallahassee when John
Patrick Julien missed his re-election by a handful of votes
certainly didn’t help. Fortunately, we have managed to
recover quite nicely in 2013. The passing of amendments
to F.S 48.031(5) clarified what & where to endorse a
service copy, the creation of F.S. 48.062 effective the first
of January, 2014 changes the way we will serve LLC’s &
changes to F.S. 48.081(3a) created the ability to effect
service on an employee of a Corporation or R/A on the
first attempt between 10am & 12pm.
The FAPPS formal education program is developing into
maturity. We have seen much progress since its
inception a few years ago. The fees have been reduced,
a written policy of procedures has been implemented and
the creation of an online course has begun.
President’s Report Continued Next Page
4
President’s Report Continued from Page 4
We understand you have many options available to
refresh your recollection of the laws, rules and
procedures. We know some of you are mandated to take
specific classes in your county yearly and we are fully
aware that some even offer a class free of charge. We are
not looking to squeeze a few more dollars out of you, we
are not here to make a profit and we certainly do not want
to waste your time. What we do want is to ensure all of
our FAPPS members and anyone else willing to take the
time receives the same quality of education, having been
taught 100% of the correct information by the very
association that has its hand in all of the changes that
take place every year. I have said it over and over again;
don’t take my word for it. Talk to those who have taken
the AFPS class and ask them if they think you should skip
it?
This leads us into what I consider to have been my
greatest attribute; transparency. I vowed to keep you in
the loop and always let you know what was going on as
quickly as I could. While doing so, I created the “Monthly
Member Update” email which provides a monthly report of
what’s going on in our association as well as in our
profession as situations develop.
When I was elected in March of 2012, we had a total
membership of 333. In March of 2013, we had a total
membership of 352. As I write this report we have
exceeded 400 plus total members with new applications
arriving daily. During the 2013 renewal period rounding off
my first year, FAPPS experienced the lowest attrition rate
ever recorded at 6.53% down from 10.57% the year
before. I thank the many of you who continuously spread
the good word and value of being part of the greatest
process serving association. If you haven’t sent in your
renewal dues or gone online at www.fapps.org to pay via
credit card, please take a minute to do it now as your
membership will expire January 31, 2014.
The aforementioned has given new light to our
association. The politicians have taken notice of our
efforts in Tallahassee, Judiciaries are listening to our input
when evaluating some of their decisions and The Florida
Bar including various county chapters has realized the
importance of the private process server. That is greatly
due to our membership numbers and presence we have
created throughout the state.
Going forward, I don’t know what the future holds. If I am
lucky enough to continue for another term as your
president, I will continue with my efforts to ensure we do
everything in our power to remain on this path of great
progress. We will look to solidify the relationships we have
built around the state and continue with the goal of getting
process serving programs instilled in the few remaining
counties that don’t have them. We will continue with our
legislative efforts to increase process server safety,
eliminate the trespassing barrier and continue to clean up
the language in the statutes. We will strive to reduce our
expenses and creatively come up with other sources of
revenue to keep our membership dues and other fees as
low as possible. We will take board meetings to a new
level and continue to encourage participation. We will not
take a back seat when it comes to EFiling and will fight to
ensure EService does not replace formal, in-hand service,
we will continue to increase the public’s perception of
what a process server really is and the value we emanate
to due process as a whole. Most importantly, we will not
stand back and permit people in a higher authority to
implement rules and restrictions that go against our
constitutional right to earn an income in a profession we
love and enjoy.
With the warmest regards,
Lance Randall, President
Florida Association of Professional Process Servers
[email protected], www.fapps.org
TPC
“Tell us you’re a FAPPS Member to receive our discounts”
PROMOTE YOUR SERVICES!
ADVERTISING IS AVAILABLE IN THE NEWSLETTER, CONVENTION PROGRAM,
MEMBERSHIP DIRECTORY AND WEBSITE BANNER ADVERTISING
CONTACT DIANA WARDWELL FOR DETAILS [email protected]
(321) 952-0820
5
VICE PRESIDENT’S REPORT
MIKE COMPTON, VICE PRESIDENT
It is so hard to believe another year has gone by. I
would like to think FAPPS is stronger and better than
ever before. There is still work to be done and plenty
of room for new blood. The upcoming conference is
election year for all positions. I encourage all of you
to step up and get involved.
currently in the process of pursuing changes to the
Florida Statute Chapter 48, (read the legislation
report). Please take time to speak or correspond with
your committee members and let them know you
appreciate their efforts. Please let them know any
issue that may be a concern to you.
The education program is getting more popular and
receiving high accolades. It is very vital that we all
stay abreast of changes and know our profession
forward and backwards. It is more important than
ever that we have the most educated and
knowledgeable process servers in the business. For
the record, I believe anyone that truly cares about
our association is in favor of professional education.
The challenge I offer all of you is to become a
smarter and more educated professional for 2014.
The convention chairwoman Ms. Janet Deal has
planned another awesome convention and has room
for any workers. I think FAPPS has had some of the
best conventions that I have ever attended. Mostly
due to all the hard work and preparation that Janet,
along with her committee put into them. I have
attended many other State Associations conferences
and FAPPS is always one of the best. Someone
once said if you’re not involved then you should
keep all complaints to yourself.
The legislation committee has and is very diligent in Mike Compton, Vice President
their efforts to make positive changes that ensure we (850) 933-9333
are up to date with today’s requirements. They are
[email protected]
TPC
6
SECRETARY’S REPORT
DENISE ROCK, SECRETARY
Motions from the 4th Quarter Board Meeting held November 16th, 2013
Below please find the motions held at the 4th Quarter Board Meeting held November 16th, 2013 as follows:

Denise Rock motioned to accept the agenda. Billie Torchia seconded the motion. All voted in favor of
the motion and the motion carried unanimously.

Doug Bauer made a motion to accept the treasurer’s report. Bob Musser seconded the motion. All
voted in favor of the motion and the motion carried unanimously.

Allen Bryant made the motion to amend the policy and procedures FDSA section “O” to replace the word
“three” with the word “multiple”. Margie Zawacki seconded the motion. Discussion was held and the
president called for the question. All voted in favor of the motion and the motion carried unanimously.

The AFPS P&P was provided and the proposed revisions were provided. Margie Zawacki made a
motion to accept the proposed AFPS P&P changes. Doug Bauer seconded the motion. Discussion was
held and the president called for the question. A vote was held. 5 voted in favor of the motion and 2
opposed the motion. The motion passed.

Margie Zawacki made a motion that a sponsor for the AFPS be placed back on the convention
sponsorship form. Allen Bryant seconded the motion. Bob asked for the dollar amount because
everything else has a dollar amount. Discussion was held and the president called for the question. A
vote was held. 3 voted in favor of the motion and 4 opposed the motion. The motion failed.

Denise Rock made a motion to extend the membership referral program to continue on a year to year
basis effective immediately to run concurrent with the annual membership and dues renewal period.
Allen Bryant seconded the motion. All voted in favor of the motion and the motion carried unanimously.

Margie Zawacki made a motion to adopt the committee chair reimbursement policy and procedure as
proposed. Doug Bauer seconded the motion. Discussion was held and the president called for the
question. A vote was held. 3 voted in favor of the motion and 4 opposed the motion. The motion failed.

Allen Bryant made a motion to postpone discussion on FTC motion. Denise Rock seconded the motion.
Discussion was held and the president called for the question. All voted in favor of the motion and the
motion carried unanimously.
The complete meeting minutes can be found at http://www.fapps.org/minutes.asp. Our next Board meeting
will be held at the 23rd Annual Convention, March 7-9, 2014 in Orlando.
Respectfully,
Denise L. Rock, Secretary
[email protected] (561) 502-0393
TPC
Make Plans to Attend a FAPPS Meeting
Get Involved!
Membership Listings are updated upon notice of any
changes. Review your listing at www.fapps.org Member Search
Directory deadline is April 15, 2014
7
Administrator’s Report
Diana Wardwell, AFPS
Dear Members,
2013 was a great year for FAPPS. We
accomplished our goal to continue to clarify
Chapter 48 to ensure that in-hand service of legal
documents can be accomplished in an efficient
manner. Our AFPS Education Program continues
to provide quality education to members and nonmembers alike. Promotion & Growth and the
Convention Committee’s topped themselves, yet
again, by organizing great networking and
educational opportunities surrounding our board
meetings. PSAC and Member Benefits were very
active as well. Membership has grown and we are
all very proud to see that process servers, not only
in Florida but throughout the nation, see the
benefits FAPPS has to offer.
Administratively, I have worked to reduce
expenses whenever and wherever possible. For
example, when it was brought to my attention by
our President that our phone services seemed
high, I worked with our Treasurer to combine
services and save us money. The result is a
savings of hundreds of dollars a year. I have also
worked to promote FAPPS to potential members,
sell advertising in all of our publications, and make
sure that all members and potential members have
been responded to in a timely manner.
Additionally, I continue to streamline as many
behind the scenes (day to day) operations to
accommodate our growing membership base, and
I am encouraged to see more members joining and
attending meetings.
There has been a change to the statutes over the
past year. These changes, as well as several other
documents mentioned in the newsletter, have been
updated on our website. Staying current in
informing you of changes as they occur to the
Rules and Statute’s in which we serve is just one
of the many benefits of membership.
Speaking of membership, the deadline for payment
of dues has just passed, but it is not too late.
January 31, 2014 is the final day dues can be
accepted before your membership expires. Contact
me if you need assistance renewing. The Member
Referral Program has also been continued. Who
couldn’t use a discount off their membership of $25
for each member they refer? Details are posted on
page 9.
Our next event is our Annual Convention. This is
our biggest event of the year and the best
opportunity for you to meet and network with your
fellow members. All forms are provided in this
edition of the Paper Chase beginning on page 20
and also on our website. Contact myself or Janet
Deal, Convention Chair if you have any questions.
Upcoming Meetings and Publication Deadlines
January 2, 2014 through February 27, 2014 Election nominations accepted for both Officers
and Directors. Officers serve for a 2 year term.
Directors serve for a one year term.
January 31, 2014 - Final day to pay dues for 2014
without having to re-apply for membership
February 12, 2014 - Convention Registration and
Hotel Reservation cutoff date
March 1, 2014 - Cutoff date for 1st Annual
President’s Cup Golf Tournament
March 7-9, 2014 - 23rd Annual FAPPS
Conference! FAPPS Dance Party
April 15, 2014 - Newsletter & Directory deadline
for advertisements and articles
May 2014 be a prosperous year for you!
Diana Wardwell
(321) 952-0820 (321) 728-0818 Fax
TPC
Membership Report
December 15, 2013
Active Members
294
Associate Members
105
Association Member
1
Pending Applicants
8
Total
408
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!
Kimberly Hamilton
Female Agents, Inc.
1619 Broadway Dr.
Graham, NC 27253
(336) 516-7896
Lawrence (Larry) Mudd, Jr.
Speedy Courier & Process Serving, Inc.
3415 Cayman Lane
Naples, FL 34119
(239) 596-4064
Trevor Reiland
Florida Legal Servers, LLC
9071 West Ridge Ct.
Fort Myers, FL 33912
(239) 839-7682
C.D. "Drew" Anderson
Anderson Investigations, Inc.
230 W. 200 South, Suite 2302
Salt Lake, UT 84101
(801) 619-1110
Rodger E. Baughman
Free Lance Investigations & Process Service
232 NE Lincoln St. #A
Hillsboro, OR 97124
(503) 547-8444
Channon M. Clanton
Channon Clanton Process Service
3820 Molaree Drive
Pensacola, FL 32503
(850) 619-3394
Rady Domenech
Florida Process Service, Inc.
19 West Flagler Street, Suite 808
Miami, FL 33130
(305) 371-9000
Mohamed El Mohdi Jaoui
First Judicial Legal Support, Inc.
2737 Summertree Lane
Gulf Breeze, FL 32563
(850) 203-1372
John J. Lee, Jr.
Advanced Legal Service of Pinellas, Inc.
519 Lillian Drive
Madeira Beach, FL 33708
(727) 800-9793
Angela L. Pichard
Goodwin-Pichard Investigation Agency (GPI)
2236 Capital Circle NE, Suite 103
Tallahassee, FL 32308
(850) 765-2503
Mitchell Siegel
Able Process Servers, Inc.
6586 Hypoluxo Road
Suite 260
Lake Worth, FL 33467
(561) 329-7350
Gean O. Smith
Atlasta Process Service
6501 Independence Parkway #7105
Plano, TX 75023
(214) 808-1568
Skip Thomas
Serve Legal Process, Inc.
309 S. Willow Ave., Suite 2
Tampa, FL 33606
(813) 254-8762
Continued Next Page
Member Referral Program
Show your support of FAPPS and receive a
discount on your membership dues for your
efforts.
Each applicant you refer to FAPPS that is accepted
as a member will entitle you to a $25 discount on
your 2015 Membership Dues.
We were successful in adding 32 new members
specifically through this program in 2013 and
hope to see an even greater increase this year.
Program runs through
October 31, 2014
9
Formal Education
Tammy Laughlin, AFPS/CPS
Committee Chair
[email protected]
(239) 313-6740
Welcome Members,
Hope everyone had a wonderful holiday season and hope to see you at the Annual Convention in Orlando. So, we had
a Saturday class as requested and had 9 of you sign up. Please welcome and congratulate our new/renewal AFPS
recipients and new Non member’s who had chosen to take our course. Our next class will hopefully be online with the
testing site being on the Friday at the convention. The Education committee will keep you posted as time draws near.
See you soon.
Our list of new/renewal AFPS Members & Non-member Recipients:
Abelardo Berrios, Jr. - New
Mike Compton -Renewal
Joe Groenveld - New
Pamela Leverock - Renewal
Bob Musser - Renewal
Mercedes Randall – Non Member
Sherri Silvestri – Non Member
Barry Wax – Renewal
Owen “Sox” Youngblood – Renewal
Thank you for your continued support and CONGRATULATIONS!!!
Regards,
TPC
Tammy Laughlin, AFPS/CPS
Welcome New Members Continued
Dawn Young
Young Process
5895 Kirkland Drive
Milton, FL 32570
(850) 748-7886
Christopher James Boe
Middlebrooks, Richter, Brown and Associates
433 Harrison Ave.
Panama City, FL 32401
(850) 769-8184
Christy Compagno
Duces Tecum Process Serving
917 S.E. Central Parkway
Stuart, FL 34994
(772) 781-2092
Jeff Evert
Arizona Quick Serve Process Service
9393 N. 90th St. #121
Scottsdale, AZ 85258
(480) 314-5050
Donald Fleming
Cobra International Investigations and Security, Inc.
10 Cedarwood Ct.
Palm Coast, FL 32137
(800) 256-9603
Jon Kratochvil
State Process Service, Inc.
9203 West Bluemound Road, Suite C
Milwaukee, WI 53226
(414) 256-7000
Brian Thomas Lakin
Law Offices of Barnes-Walker
3119 Manatee Ave. West
Bradenton, FL 34205
(941) 741-8224
Sharrie McKinney
A-1& Associates
6515 Merle Hay Rd
Johnston, IA 50131
(515) 255-1135
Kenneth L. Shelton
Shelton Investigations, LLC
117 W. Maumee St., Ste D
Angola, IN 46703
(260) 665-6050
10
AAA– ELINOR PROCESS AND BAIL BONDS, INC.
P.O. BOX 1736
SEBRING, FL 33871-1736
SPEED AND DILIGENCE IS JOB ONE
YOUR CENTRAL FLORIDA CONNECTION
SERVING POLK, HIGHLANDS, AND HARDEE COUNTIES
OFFICE: 863-386-4447
FAX: 863-386-0334
EMAIL: [email protected]
MEMBER OF FAPPS, NAPPS
11
12
13
Legislative
The legislative committees are being developed
and established at this time. We have been
actively working to secure sponsors for this
upcoming session through our lobbyist and the
sheriff’s lobbyist. The committee met with several
Senators and Representatives to garner support for
our upcoming proposed changes. Thankfully,
FAPPS member Troy McDonald (future Mayor of
Stuart) has been instrumental in introducing FAPPS
to several legislators during his visits.
I would like to bring another serious issue to
your attention. There have been several Motions to
quash service because the server failed to follow
the statute. The following is a ruling that we all
need to know and share with fellow process
servers. The committee believes the ruling is not
indicative of the statute but it was not appealed and
therefore it stands on its own merit.
Civil procedure -- Service of process -- Motion to quash
service is granted where process server failed to inform
defendant of contents of material served -- Return of
service lacking narrative description of events leading to
service is defective
PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff,
vs. ERNESTO DOMINGUEZ, Defendant. County Court,
15th Judicial Circuit in and for Palm Beach County. Case
No. 50-2013-SC-002562-XXXX-MB, Division RE. June
19, 2013. Nancy Perez, Judge.
ORDER ON DEFENDANT, ERNESTO DOMINGUEZ'S
MOTION TO QUASH SERVICE OF PROCESS
THIS CAUSE came to be heard by the Court on April 29,
2013, upon the Defendant's Motion to Quash Service of
Process. The Court heard testimony of the Defendant,
Ernesto Dominguez and the process server, Ralph
Robinson. The Court also received into evidence the return
of service and a field sheet that Mr. Robinson referred to as
his notes. In addition this Court heard argument of counsel
and received authority from both sides. After resolving the
conflicts in testimony and documentary evidence, and
otherwise being fully advised in the premises, the Court
finds as follows:
Florida Statute 48.031(1)(a) requires that a process server
inform a person to be served of the contents of the services
and complaint, petition, or initial pleading or paper The
Court finds that the plain and ordinary meaning of
“informing the person of the contents” to contemplate that
that the process server must explain the contents of the
complaint, petition, or initial pleading or paper to the
person to be served. See Bache, Halsey, Stuart, Shields, Inc.
Mike Compton
Committee Chair
[email protected]
(850) 933-9333
v. Mendoza, 400 So.2d 558, 559 (Fla. 3rd DCA 1981).
The Court finds that Florida Statute §48.031(1)(a) requires
that the process server inform the party of the contents of
the material delivered. More particularly, in the instant
case, “inform” would mean that the process server should
have advised Mr. Dominguez of the following critical
information:
· Portfolio Recovery Associates, LLC has filed a lawsuit
against you in Palm Beach County, Florida.
· You must appear in court on April 18, 2013, 9:30 AM
to defend this lawsuit. If you fail to appear in Court a
default judgment will be entered against you.
· If you have a disability and need an accommodation to
participate in this proceeding, you will have to contact
Dominique March at (561) 355-4380 within two (2)
working days from today. If you are hearing or voice
impaired you will need to call 1-800-955-8771.
The only evidence presented is Mr. Robinson's comment to
the person served “This is your ‘paperwork/packet'. This
Court finds that the Process Server did not comply with
Florida Statute §48.031(1)(a), as the process server: did not
explain to the Defendant that a lawsuit had been filed
against him in Palm Beach County by Portfolio Recovery
Associates, LLC; did not inform the Defendant of the date,
time and location of the pretrial conference; and did not
inform him of the measures available if disability
accommodation is needed.
Accordingly, the Court finds that the process server failed
to properly inform Mr. Dominguez of the contents of the
service.
The court also finds that the return of service entered into
evidence is also defective. Administrative Order No. 2.7029/08 of the Circuit Court in and for Palm Beach County,
Florida requires a narrative description of the events
effectuating service of process. The return of service
entered into evidence in this case does not give a narrative
description of events leading to the alleged service of the
Defendant. Not only does the return of service fail to
contain any narrative at all, it contains only the legal
conclusion that service was made pursuant to F.S. 48.031
(i). During his cross-examination, the process server
admitted that he does not know what the provisions of F.S.
48.031(1) consist of, nor did he recall specifically what he
said to the Defendant. Accordingly, it is
ORDERED AND ADJUDGED, as follows:
1. Defendant's Motion to Quash Service is GRANTED. The
Clerk is directed to issue the appropriate summons.
Legislative Report Continued Next Page
14
Legislative Report Continued from Page 14
The committee has the following views of FS 48.031 Service of process generally; service of witness
subpoenas.—
(1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy
of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place
of abode with any person residing therein who is 15 years of age or older and informing the person of their
contents. Minors who are or have been married shall be served as provided in this section.
The legislative committee interpretation is that "service is made by delivering a copy of the complaint,
petition, or other initial pleading or paper"....to the person to be served. No explanation of the contents is
required provided the person is served individually. Next it says, "or by leaving the copies at his or her
usual place of abode with any person residing therein who is 15 years of age or older and informing the
person of their contents." This verbiage seems to suggest, and we agree, when leaving the papers with
someone other than the person named, you should tell them of the contents so they can pass it on to the
person involved. The word "or" seems to indicate a different scenario on the service, and therefore it is
stated that the person should be informed of the contents.
Michael Compton
Legislative Chair
TPC
Promotion & Growth
Billie Torchia
Committee Chair
[email protected]
(239) 337-3630
Dear FAPPS Family:
Promotion & Growth has experienced a stellar year. As
of Dec. 1, 2013 we have reached an outstanding 408
members! I am told by our President, Lance Randall,
that to his recollection history has been made. This
could not have been done without you, our members,
and those dedicated to contributing to the FAPPS
organization. I am very proud of my team and most of
all our Administrator, Diana Wardwell. Diana has an
array of daily pressures on her plate, in which she does
an outstanding job fulfilling. But, I must say, she is
P&G's right hand and we would not be where we are
without her continued diligence. Thank you Diana!
excitement, networking, education and a
camaraderie you may be hard pressed to find
elsewhere. Please join your FAPPS family at this
occasion. I assure you that you will not be disappointed.
Janet Deal, Convention Chairwoman, works tirelessly
all year to make this an exceptional event and in my
opinion, always a success.
I would like to remind all of you as FAPPS members
that we are a strong and united Board. If you are not
able to attend a Board meeting but have questions as to
what was discussed, motions made, etc. you can simply
visit www.fapps.org. Within our page you will find
factual information. Our Secretary, Denise Rock, is on
top of her game and provides our association with a
phenomenal job on minutes from meetings. Our
At the last meeting in Tampa, I asked the Board to
President, Lance Randall and our Administrator, Diana
continue the Membership Referral Program on a year to
Wardwell continues to keep our members on the up and
year basis. It passed with all in favor. What this means
up. If you research and do not come across the
for you is that each member you refer, you shall receive
answers that you are searching for, you, as a
$25.00 off of your annual dues. This year we had 32
member, are encouraged to contact myself or the
referrals from various members in comparison to 2012
FAPPS Board as a whole.
referrals being 29. Obviously this program works and
I'm quite pleased that the Board of FAPPS agrees.
In closing, on behalf of the Board of FAPPS and
Thank you all who participated!
Promotion & Growth, I thank you for your continued
support. All of you are appreciated.
We have our Convention scheduled for March 7-9th,
2014 at the Doubletree by Hilton at SeaWorld in
TPC
Orlando. If you have never attended a convention, you Billie Torchia
are surely missing out. The two day event is filled with
Promotion & Growth Chairwoman
15
Convention
Janet Deal
Committee Chair
[email protected]
(954)474-4867
The New Year is here which means the 23rd Annual FAPPS Convention is around the corner! I hope you
are all ready for a DANCE PARTY at the DoubleTree by Hilton SeaWorld. Make sure you sign up for a Friday
Night activity, Poker or Bingo, either way you can win great prizes but best of all you get to reconnect with
old friends and make some new friends.
The FAPPS convention is not just a meeting it is an opportunity to participate in the elections of the
Association, attend education seminars (a true professional never stops learning) and networking with
other process servers. Our business is one of a kind and truly no one appreciates your "serving stories" any
more than a fellow process server. Friday night reception, Lunch and the Saturday night Banquet is the
best time to meet others and share your favorite stories!
So put it on your calendar today...March 7 to 9, 2014. Start shopping for your dancing shoes and practicing
your dance moves. Happy New Year! Cheers to you all.
TPC
~Amy Boyd, Convention Committee
Make the 23rd Annual Convention one of the top
items on your “To Do” list - Register Early
Doug Bauer, Director & Convention Committee Member
Welcome to 2014! My o my how time flies. I hope
each of you had a Merry Christmas and wish everyone
much success in this new year.
Our annual convention is quickly approaching and we
do not want you to miss out. A great way to start your
success in 2014 is to make your reservations now to
attend the 2014 FAPPS convention. This year we are
offering great educational content along with valuable
networking opportunities. Pair that with all the fun we
will have with this years "dance party theme" and this
is a can't miss event.
Why not put some of that holiday cash to good use!
Make your reservations now!
THE 23RD ANNUAL CONVENTION IS 3 WEEKS
EARLIER THIS YEAR!
Happy New Year! In the midst of a busy January, don’t forget to give
yourself a very important professional gift. Register with the hotel and
send in your convention registration form.
We have lined up several fantastic educational speakers who are looking
forward to sharing their knowledge. Combine that with networking,
annual meeting, elections and the other activities planned and you have a
powerhouse weekend you will not want to miss!
Thank You to our Current 2014
Sponsors and Exhibitors
A.P.I. LEGAL SUPPORT SERVICES, INC.
ACCURATE SERVE
DATABASE SERVICES, INC.
DELAWARE ATTORNEY SERVICES
DR. DENNY HOWLEY
EXPEDITED PROCESS SERVING
HERE COMES THE JUDGE, LLC
KD PROCESS, INC.
L.R.I. ATTORNEY SUPPORT SERVICES
PROCESS SERVICE OF AMERICA, INC.
PROCESS SERVICES, INC.
PRO-VEST, LLC
EARLY REGISTRATION EXHIBITORS:
DATABASE SERVICES, INC.
TRISTAR SOFTWARE, INC.
EXCITING SPONSORSHIP
OPPORTUNITIES AVAILABLE FOR 2014!
SEE DETAILS ON PAGE 25 AND AT
WWW.FAPPS.ORG
[email protected]
16
Lobbyist Report
Bob Levy
FAPPS Lobbyist
December 2013
Mike Compton (FAPPS Legislative Chairman) and I have had many conversations on the
impact of the housing market and how it has directly impacted process servers. Knowing the
importance of this issue to the economy and process servers it has also had a significant impact
on your business directly, the following is the latest information from the Florida REALTORS:
Sales and prices of existing single-family homes and condos in Florida ticked up slightly last
month, despite uncertainty from the federal government shutdown and new worries over
skyrocketing flood insurance premiums in coastal areas for new buyers.
According to a report released Wednesday by Florida Realtors, home resale’s jumped 6.5
percent in October in the year-over-year comparison, and the median sale price increased 16.6
percent to $169,000. For townhouse and condo resale’s, total sales were 3.1 percent more than
October 2012 numbers and the median sale price boosted 22.1 percent to $130,000.
Last month was a turbulent time for homeowners, home buyers and realtors alike. The federal
government shutdown that lasted the first 16 days of the month sparked uncertainty among
buyers, and in coastal areas, a 2012 federal law boosted flood insurance premiums for homes
sold in affected areas starting Oct. 1.
Despite those headwinds, home sales posted positive numbers, although recent months have
seen larger increases in sales. Florida Realtors officials also note a declining share of cash
sales, a possible sign of fewer investor buyers in the market.
“The housing numbers continue to hold up, bolstered by strong employment growth and
population in-migration. We are, however, noticing that there has been a steady decline in the
share of cash sales in the market, suggesting that investment activity in Florida real estate may
be waning. This takes an important element of demand out of the equation,” Florida Realtors
chief economist John Tuccillo said.
In the Tampa and Miami metro areas, which will bear some of the largest burden in spiking
flood insurance rates starting next year, the numbers were mixed. The median sale price for
homes rose 21.4 percent in the Miami area to $250,000, but overall condo sales dipped 2.9
percent even as the median sales price for condos rose 24 percent to $134,000. In Tampa,
home sales were essentially flat, dipping 0.3 percent over last year, but the median sales price
rose 15.4 percent to $150,000.
Bob Levy, FAPPS Lobbyist
TPC
Editors Note: Bob has also written two articles that can be viewed on our website under the
News tab - Legislative section http://www.fapps.org/news.asp
“What are the major issues on the 2014 Florida Legislative Agenda?” October 28, 2013
“Florida’s Stubborn Rebound: A budget surplus in an election year” October 28, 2013
17
18
Learning from Serving
An Educational Forum
Submitted by Dr. Denny Howley
To Trespass or not to Trespass?
Situation:
Our FAPPS Professional received an eviction action for
an individual living in a rural area. Specific instructions
dictated that it had to be served to the occupant. When
our Server arrived at the designated address she
discovered the road leading into the fifty (50) some acres
of property was protected by a fence and locked gate. To
make matters more challenging there was no call box by
the gate or any device, like a bell, that would elicit a
response from any one at home. Furthermore the house
was not visible from the gate.
occupant. The Lawyer reiterated that
”brother-property owner-plaintiff” was giving the Server
permission to enter the property; therefore it could not be
considered trespassing. She should, he urged, unlock the
gate, open the gate, enter the property, go down the
driveway to the house and serve the occupant brother !!
To Agree or not to Agree
Despite the irate Client Lawyer’s continued “guidance”,
our-carefully-evaluating Server stood her ground,
reiterating – several times to the closed-eared Lawyerher serious reservation of entering the property uninvited.
Situational Reevaluation
Finally, realizing he could not browbeat our FAPPS
professional into ignoring her own best judgment; the
Lawyer told her when the brother-occupant would leave
After concluding that this Serve was a bit more
the property to take his kids to school. The next morning,
complicated than initially surmised, our diligent Server
reviewed once again the documentation to be served. The as the brother-occupant opened his gate with his kids in
tow to take them to school, our Server was waiting and
Serve was a “family affair”. The brother, owner of the
property, wanted to evict his brother- occupant, who had handed him the documents of eviction. The defendant
been unresponsive to previous brotherly urgings to vacate brother-occupant quietly accepted the documents, which
he obviously had been expecting.
the property. Our Server called the Client to advise him
of the situation and ask for the phone number of the
occupant brother, the remise brother’s schedule or other Comment:
information to enable her to complete the Serve.
Subsequently, the Client’s Lawyer called our Server
directly and gave her the “code” to the gate, which turned
out to be the combination of the master lock on the front
gate. She thanked him for the information, but explained
to the Lawyer that if she entered the property without an
invitation from the occupant she would be trespassing.
Such an uninvited move on her part, she noted to the
Client’s Lawyer in the safety of his office, could create a
potentially dangerous situation for her.
The Client’s Lawyer Says Go!
Furthermore, our concerned Server noted, if the brotheroccupant perceived the Server’s entry into his “property”
as threatening, there was a possibility that he might
produce a firearm or other device to “protect his
property’. The Client’s Lawyer seemed oblivious to our
Server’s concerns, stressing that the brother-ownerplaintiff was “THE” property owner, not the brother-
Would the Server have been trespassing had she followed
the “guidance” from the irritated and irritating lawyer?
But that is not the issue! Our Server was a FAPPS
professional. She was on the ground. The lawyer was not.
She had experience and knew of “situations” involving
evictions. Therefore she had no interest in becoming
either a “statistic” or of getting into a touchy
confrontational situation with an individual who did not
wish to vacate. Our Server used her best judgment based
on experience and the situation she perceived on the
ground and she stuck to it!
The material for this article, “To Trespass or not to Trespass”
was provided by Amy Boyd, Boyd’s Process Service, and (772)
460-6679. Thanks Amy for this thought provoking situation and
good example why Servers must always be thinking.
A Professional NEVER Stops Learning
TPC
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Toni B. Springer, CPA
Toni is a CPA located in Altamonte Springs FL, she
completed Bachelor of Science in Business
Administration from the University of Central Florida
(UCF). She brings more than 20 years experience in
Accounting & business consulting to the
company. Currently she is the President of a CPA Firm
for ten years specializing in small business consulting, tax
planning & preparation, tax audit, consulting and
accounting co-sourcing. Industries she specializes
include high tech software, healthcare, manufacturing,
construction, aviation, and professional services.
 Volunteer Advisor to the Small Business
Development Center (SBDC) Advisory Board
Council
 Instructor of two workshop classes for the
SBDC for small business owners/
entrepreneurs
 Member of National Association of Women
Business Owners (NAWBO)
 Past advisory board member of Seacoast
National Bank
 Past Chairperson of the Small Business
Resource Network which is a professional
membership organization helping connect
small businesses with professionals
Throughout her career, Toni has maintained involvement
with the community and UCF/Orange County partnership
in the Small Business Development Center (SBDC) as
well as:
Fred Blum
January 1968 Founded Frederic A. Blum Services to
Attorneys
November 2007 Elected President of Jewish Genealogical
Society of Greater Philadelphia. Held title since that date.
February 1971, President of B&R Services for
Professionals, Inc. to present. Area’s largest service
company to attorneys, providing court filing, court
reporting and process serving locally, nationwide and
worldwide.
November 2008 Elected to the Board of the Philadelphia
Jewish Archives
January 1982 became Class Representative to Northeast
High School Class of 1967. Planned all high school
reunions and have located almost the entire graduating
class of 1186 members.
October 1982 helped form the National Association of
Professional Process Servers (NAPPS.ORG) Elected
President 1985 held title for five years. Elected to the
board of directors 29 years.
February 1988 Obtained Private Detective License
January 1991 Founded Confidential Investigative
Services, Inc. Currently Secretary-Treasurer
June 1998 started research on his family. A family tree
with constructed with over 1200 family members from
around the world dating back to 1820.
Fred started his attorney service company, B&R Services
for Professionals in 1971. In 1988 he obtained his Private
Detective license. In 1998 he became interested in his
family history. He studied genealogy and was able to
locate his ancestors dating back to 1810. To date he has
identified over 1200 family members. With the knowledge
he obtained, in 2005 he decided to volunteer for the
International Red Cross Holocaust Tracing Service, to try
to assist the IRC reconnect Jewish, Polish and Ukrainian
Holocaust survivors. In 2006 he was awarded the local
and national "Volunteer of the Year" Award from the IRC.
In 2011, Fred also started to volunteer for the United
States Holocaust Memorial Museum. Fred is helping the
museum locate European children that were orphaned
during the period 1933-1945.
Fred will teach us some techniques he uses to locate
April 2005 became a volunteer for International Red Cross individuals through genealogy. This information will enable
researchers to not only locate family, uncover distant
Holocaust Tracing Service. Won Local and International
Volunteer of the Year Award
relatives, assist in searching for heirs, as well as locating
missing plaintiffs, defendants and witnesses.
22
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25
Proposed Bylaw Amendments
Denise Rock, Secretary
The following proposed Bylaw Amendments have been received and will be voted upon at the annual
meeting pursuant to Article X – Section 1 on March 8, 2014 at 3:15 pm. The deadline for any additional
proposed Bylaw Amendments to be received is January 6, 2014. The final list of all submissions will be
published at www.fapps.org under the News Section on February 5, 2014.
26
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 2014 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 2014 is from January 2 nd, 2014 through February 27th, 2014 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, and gathered into a
handout, copied, and distributed to the members at the convention to study to better make a decision
about the leaders they are about to elect.

The EC will furnish a slate of nominees to the Website Administrator. 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, Diana Wardwell, 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.com/elections.
1st Annual President’s Cup Golf Tournament
Friday, March 7, 2014 7:30 a.m.
North Shore Golf Club
11507 N. Shore Golf Club Blvd.
Orlando, FL 32832
(407) 277-9277
Meet at the course - allow 25-30 minute travel time from hotel
Cost is $50 per person
Register using the Convention Registration Form by deadline of March 1, 2014
Contact: Lance Randall - [email protected]
Diana Wardwell - [email protected]
See you there!
No refunds provided after March 1, 2014
27
28
Member Benefits
Denise Rock
Committee Chair
[email protected]
(561)296-7574
We have a new benefit to offer members through the
AchieveLinks Program that delivers rewards for FAPPS
and its Members!
FAPPS is proud to announce that the AchieveLinks®
rewards program is now available to all our members.
AchieveLinks is the unique rewards program created
exclusively for associations.
Just by making the same purchases you already make for
your business and personal life, you’ll earn valuable
LinksSM reward points that can be redeemed for exciting
rewards, including family vacations, great merchandise,
and once in a lifetime experiences. See the attached to
catch just a glimpse of the participating companies.
To learn more, or see a list of earning opportunities and reward options, visit
www.FAPPS.achievelinks.com, you should see the FAPPS logo in the top left hand corner.
Then click on not a member to join, it should ask for just your name, email and password.
From there it will email you to confirm your email address, once you click on that button in
the email, you should go directly to the welcome page or contact [email protected]
for a quick demonstration and sign up.
TPC
In Memoriam
It is with regret we report the passing of several
members and fellow process servers over the past
few months. We extend our sympathy and
condolences to each of the families.
John Patrick Julien - 1963-2013
FAPPS President 1995-1997
Herbert “Beau” Lacy 1952-2013
Richard L. Fletcher, Sr. 1951-2013
29
You’ve Joined FAPPS - So???
Submitted by Dr. Denny Howley
O.K. - so you paid your dues. Now you get the
Paper Chase (our OUTSTANDING
NEWSLETTER) and have your name, your
company and specifics listed in the FAPPS Annual
Directory. All that information is also listed on our
website – all for the price of your membership. Now
I’ll make two value judgments.

- One: You joined our STATE wide
Professional Process Serving Organization with
the goal of growing your business by increasing
its visibility. That is usually the primary reason
for joining an organization such as ours.

- Secondly: You would like to monitor changes,
of any type, anywhere, that might have any sort
of impact on this business of yours. Again
makes good sense if you’re an eyes-wide-open
sort of business person.
BUT just paying your financial dues, as you did
when you sent in your membership application, is
that enough to:
1. GROW your business and
2. Keep you AWARE of industry changes?
How about this thought – do you know your
competition? This business of ours, serving Process,
is highly competitive, in case you had not noticed.
Here’s a couple of thoughts along that line:
AND an amazing thing can happen. Those
“competitors”, you share professional standards with
through your FAPPS membership, may well become
friends, even mentors. :-)
BUT to move from a more narrow-minded, purely
self-business focus one has to expand past simply
paying dues and passively waiting for business
growth. One has to get involved – attend Board
Meetings, the Annual Convention, Continuing
Education and the Annual Beach Get-Away. You
might also seriously consider volunteering and
participating in one of our many FAPPS
committees.
The term NETWORKING is not a bad word. It
means one expands their knowledge and
understanding of others. NETWORKING is an age
old practice, which allows us as business persons, to
gain new insights that might be applied to our own
business. Concurrently we are monitoring the
overall business climate. How can we possibly
achieve maximum business efficiency and
effectiveness if we operate in our own self-imposed
professional isolation.
SO, if you think just paying your dues is enough think again!!
FAPPS is YOUR Professional Statewide
organization…USE IT to GROW your business
and to GROW yourself…I know- when I joined
FAPPS some 16 years ago I couldn’t even spell
Process Server !!
One quote often attributed to the Mafia “Hold
your friends close, your enemies closer!”
 Or Sun Tzu, 500 B.C. “Know yourself, know
your enemy to win”
A Professional NEVER Stops Learning
NO in the classic sense, we are not “enemies”, but
sometimes business competition does funny things
to people. Thus it is in any PROFESSIONAL’S
interests to have a good feel for other Process
Servers who might or might not be competitors.
Dr. Denny Howley owns and operates Dr. Denny Howley
d/b/a serving process in Key West, (ONLY) Capital of the
Conch Republic. He has been in the business of serving
process since 1997. Denny lives in Key West with his
wife Beverly and their four legged friends
Sophie, Shadow, and Pepper.
TPC

30
American and US Airways Make it Official
Submitted by Larry Roth
On November 27th, a judge approved a settlement resolving U.S. regulators' opposition to a merger
between AMR Corp (American Airlines) and US Airways Group Inc (US Airways), allowing AMR to exit
bankruptcy and close on a tie-up creating the world's largest carrier.
The U.S. Department of Justice had challenged the merger, which was to serve as the basis for AMR's
plan to pay back creditors and exit bankruptcy. The DOJ's antitrust watchdog had said the plan could
impede competition and drive up ticket prices. The sides settled earlier this month, with the airlines
agreeing to divest some takeoff and landing rights at major airports.
Under the terms of the settlement, American and US Airways must divest themselves of prime take-off
and landing slots at six key airports in Washington, New York, Chicago, and other cities. The two carriers
will be forced to sell those slots to low-cost carriers such as Southwest and JetBlue. Without this move,
the "New American Airlines" would be in control 68% of the slots at Washington's Reagan National
Airport. What if the low cost carriers are not in a buying mood? Many gates will be left empty.
I remain concerned about a marketplace dominated by larger airlines that are essentially "too big to
fail." With this latest merger, American, Delta, United, and Southwest would now together control about
80 percent of the domestic market, a concentration I've never seen before. When airlines merge the
smallest hubs in the new larger airline tend to lose out and shrink. I fear for both Philadelphia and
Charlotte. For example: American currently flies 6 times daily to/from Philadelphia to Dallas and US
Airways does the same. There is no way that all 12 flights will be kept, therefore smaller cities, i.e.
Tallahassee that services both American and US Airways will also be cut.
This deal is probably bad news for you, and the even worse news is there’s probably no better
alternative. Get ready for higher prices and less service. Stay tuned!
TPC
Larry Roth
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
NAPPS Board Meeting
February 8, 2014 - 9:00 a.m.
Ft. Lauderdale Marriott Pompano Beach
1200 North Ocean Blvd.
Pompano Beach, FL 33062
(954) 782-0100
Contact the NAPPS Administrative Office if you
would like to receive our negotiated room rate of
$179 + tax/night
(800) 477-8211
Rooms can be reserved in this block prior to
January 20, 2014
31
32
Orange County Update
Lance Randall, President
If you have been present at our meetings over the past year, or have
been reading the meeting minutes, then you already know that we have
been receiving numerous calls from concerned process servers about
some of the policies the Orange County Sheriff’s Department (OCSO)
has written into their special process server program.
Initially, those complaints stemmed from certain dress codes to a cap
on the amount of process servers they would allow to be appointed
each year. While those items were very concerning, we (the board)
were having difficulty trying to effectively convey these concerns. In
many discussions, the consensus was that we needed to pick our
battles and be careful of the toes we might be stepping on. Just those
two issues alone were not thought to hold much weight in a court of
law. Further deterring action was the consideration of potentially
spending the membership’s money to file a lawsuit which seemed
unjustifiable at the time.
true cost of service. Many services may originate from the attorney/
client and pass through one or two process server companies to then be
placed in the hands of the special process server executing the service.
These fees would not be accurately reflected upon the return. This is
really not the point. The issue is that the requirement is not mandated
by Florida Statutes. Then we get into the other major concern which is
the right to serve process for whomever you choose. Florida is a nonunion right to work state and only you can decide who you serve
process for. Those coupled with the other overly burdensome policies
have mandated us to share the concerns of our members nationwide
with the Sheriff’s office.
Initially, I was hopeful that sharing our concerns by phone with the
Lieutenant in charge of the program at OCSO would have resolved
this matter. Apparently this was not the case. During their training
seminars it was bluntly stated to all process servers in attendance that
anyone who didn’t adhere to their rules and policies would have their
As the year went on, several stagnant policies (that had never been special process server appointment revoked.
enforced until now) in addition to a few newly created policies were
quickly approaching levels that appeared to be exceeding the statutory After discussion at the November Board meeting and consult with
authority of a sheriff in regards to a special process server program. legal counsel, it was determined we needed to take immediate action.
The main areas of concern were the requirements mandated by the Our goal is to reach an amicable resolution to the issues. In midOCSO to place the service of process fee on the affidavit/return of December a written brief was sent to various departments of the
service and restricting who a special process server could and could OCSO including the Sheriff detailing each policy we felt exceeds the
not perform service on behalf of.
sheriff’s authority as well as the legal statutes that support those
concerns. We requested the immediate removal of those policies. We
You may wonder why this is a big deal. Well if you are the original have confirmation of delivery and are awaiting a response as this
process server working directly for the attorney or service requesting update was written. As usual, we will keep you updated as things
party and actually delivering it to the defendant or witness, it probably develop.
isn’t an issue for you. What is of concern, are those services that
TPC
originate from other areas outside of Orange County. The fee of the Lance Randall, AFPS
special process server executing service does not accurately reflect the President
resident over the absence of festive winter
holiday decorations, the City Council agreed to
FAPPS President 1995-1997
spend $20,000 to deck the streets of North
Miami Beach with twinkling lights and
Former Florida Rep. John Patrick Julien,
banners. Julien dissented. “We could probably
died September 27, 2013. He also served on
use that money in other areas,” he said.
the North Miami Beach council.
Born in Haiti, Julien came to the U.S. with
John Patrick Julien, a former North Miami
his parents as a child. He lived in South Miami
Beach council member and one-term state
Dade at the time Hurricane Andrew swept
house representative, was an independent
through in 1992. His home and several other
thinker and fiscal conservative. A registered
properties he owned were destroyed so he
Democrat, critics often accused him of being a
decided to move north, Taylor said.
Republican at heart.
Both men were process servers by
He died Friday from cancer. He was 50.
profession and easily became friends. Taylor
Julien, who was first elected to the North
said he convinced his friend to enter the
Miami Beach council in 2005 and served in the
political arena. “I’ll take the blame for talking
House of Representatives from 2010-2012,
him into it,” he said.
was in hospice care in Hollywood with his
Julien first ran for a seat of the North
family and friends by his side when he died.
Miami Beach council in 2003, but lost. When
“He fought a hell of a battle,” said his best
he tried again in 2005 he easily won his seat,
friend, former North Miami Beach council
despite accusations that he lied on his
member Robert Taylor. Julien started having
campaign literature about being a certified
stomach pains and by early September it was
public accountant with a master’s of business
unbearable, said Taylor. He spent Labor Day
administration degree in finance from New
weekend in the hospital and doctors found he
York University . A year later, as a part of a
had tumors in his stomach and liver.
settlement to drop two misdemeanor criminal
As a North Miami Beach councilman, Julien
charges, he apologized for what he called
wasn’t afraid to shoot down ideas he thought
“some errors contained in my campaign
didn’t make fiscal sense, even if it meant
literature.”
sounding like a Grinch. Facing a backlash from
John Patrick Julien (1963-2013)
He resigned a year into his third term from
the City Council to run for the District 104 seat.
While in Tallahassee, Julien, a Democrat, faced
criticism locally for what some critics called his
“Republican way.” “He was a no-nonsense
kind of guy. It rubbed the people wrong way,”
said Alix Desulme, who called Julien a mentor.
“Sometimes, he didn’t always see things the
way the majority saw it.” In a statement,
Florida House Democratic Leader Perry
Thurston, D-Fort Lauderdale, called Julien one
of the caucus’ “most memorable colleagues.”
Inaccurate reports went out Thursday of
Julien’s passing, prompting state
representative to prematurely mourn their
colleague’s passing on Twitter and in email
exchanges. But Taylor said Julien held on until
Friday morning. “He was a passionate
advocate for his constituents, a thoughtful
legislator, and a strong leader,” Thurston said.
A celebration of life is planned. Taylor said
there will be a keg of Budweiser at the
celebration at Julien’s request.
“He wants it upbeat and everybody happy
that he was here,” Taylor said.
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Florida Association of
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A NAPPS Chartered State Association
P.O Box 72
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Mailing address:
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