Consolidated City of Jacksonville OFFICE OF THE SHERIFF OPERATIONAL ORDER 13.02.01 SUBJECT: RESCINDS: 13.02.00 (08-15-13) SCOPE: RS/3 EFFECTIVE DATE: 12-24-2015 The purpose of this order is to establish guidelines and procedures for the appointment, training, and responsibilities of special process servers. This order supports the Sheriff s Office Core Value of Community Focused and Always Improving. This order consists of the following numbered articles: I. Selection II. Training III. Procedures I. Selection A. The Sheriff may appoint Special Process Servers, who are citizens of Florida, to serve non-enforceable process within Duval County. All Special Process Servers serve at the discretion of the Sheriff. B. All Special Process Servers shall meet the criteria listed in Section 48.021, F.S.S., and applicable agency directives. C. A Special Process Server application can be denied or revoked for any reason deemed in the best interest of the Sheriff s Office. D. A Special Process Server is appointed for a one-year term effective from the date of appointment. E. A Special Process Server shall be issued a Sheriff s Office Identification Card which will clearly identify the appointee as a Special Process Server. F. Each applicant for Special Process Server shall pass a written examination on the laws governing the service of process prior to appointment with a score of 85% or higher. II. Training A. Each applicant for appointment as a Special Process Server shall attend an initial training school on how to properly serve non-enforceable service of process in accordance with Florida State Statues (F.S.S.) Chapter 48, Process and Service of Process Case Law, and the Florida Rules of Civil Procedure from an authorized training organization identified by the Sheriff s Office. This training shall include: 1. A review of the Florida Court System; 2. Pertinent statutes and case law;
3. Proper service of process; 4. How improper service of process jeopardizes success in civil cases; and 5. Bankruptcy and its impact on the service of process. B. Each appointed process server shall be responsible for the scheduling and attendance of initial training. C. All appointed process servers shall be required to schedule and attend the recertification training, take a written test and pass the required test each year thereafter. D. Authorized training organizations shall conduct classroom training consistent with F.S.S. Chapter 48 and the Florida Rules of Civil Procedure and conducted by a subject matter expert in the Non-Enforceable Process and meet the requirements of one or all of the following departments or agencies: 1. Florida Department of Law Enforcement; 2. Florida Sheriff s Association; 3. Florida Police Chief s Association; and/or 4. Florida Criminal Justice Standards and Training Commission (CJSTC) or be associated with a CJSTC Training Academy. E. The Special Process Server Coordinator, through the Chief of Community Affairs, will maintain the list of authorized training organizations. III. Procedures A. The Chief of Community Affairs or designee shall be responsible for overseeing and managing Special Process Servers. 1. All records on Special Process Servers shall be maintained by the Special Process Server Coordinator in the Jacksonville Sheriff s Office (JSO) Civil Unit. 2. The Special Process Server Coordinator shall be responsible for updating and amending the Written Directives pertaining to Special Process Servers, when applicable. B. Rules of Conduct 1. Special Process Servers shall serve process in accordance with Florida Statutes, the Process Server/Business Agreement with the Sheriff s Office, and any other applicable laws and/or regulations. 2. All Special Process Servers shall review and be responsible and accountable for the Written Directives governing Special Process Servers. 2
These orders are located at coj.net. 3. All Special Process Servers shall serve only non-enforceable process. 4. Appointed Special Process Servers will not be armed with any firearm while in the act of serving process in Duval County. Armed with a firearm means concealed on one s person, concealed in a bag or container being actively carried, openly carried on one s person, or any other means that makes a firearm readily accessible while serving process, regardless of other licenses possessed by the individual server. This does not preclude Appointed Special Process Servers from exercising their lawful second amendment rights while not serving process in Duval County. 5. While serving process, Special Process Servers shall wear and visible their Sheriff s Office Identification Card. 6. Special Process Servers are not and shall not act or imply they are an agent, deputy or employee of the Sheriff or impose liability on the Sheriff by reason of the doctrine of respondent superior but shall perform services on behalf of the person or organization hiring his services in connection with service of process. 7. Special Process Servers represents the Sheriff by virtue of their power and identification. When serving process, they shall be courteous, professional, properly groomed, and appropriately attired. a. Special Process Servers shall portray a professional appearance to the general public. b. All clothing will be of a professional nature. Clothing shall be worn and fit in such a manner that it doesn t expose the abdomen, cleavage, or buttocks area. No dress code can cover all contingencies; therefore, Special Process Servers shall exert a certain amount of judgment in their choice of clothing to wear to work. c. Slacks or dress pants will reflect a business-like, professional appearance. d. Collared or golf-style shirts are acceptable. e. Professional, cuffed or hemmed, walking or dress shorts are permitted. The hem or cuff should be approximately one inch above the knee. f. Washed-out, torn, frayed, or faded fabric is not appropriate. g. Shoes shall be worn at all times. Shoes shall be in good repair. No slippers, flip-flops (e.g., plastic, leather, jellies, or beach shoes) shall be worn. Females may wear dress sandals if they are professional in appearance. 3
h. Special Process Servers who have questions about the appropriateness of specific items of clothing should discuss them with the Special Process Server Coordinator in advance. 8. Special Process Servers shall serve no process in which they have an interest in the cause of action. 9. Special Process Servers shall charge a reasonable fee for the service of process. There is no minimum or maximum amount that must be charged. 10. Special Process Servers are required to type, legibly handwrite, stamp, or by other printed methods, the following on the process that is served: a. Initials and identification number of the individual serving the process; and b. The date and time of service. 11. Any lawsuits brought against a Special Process Server as a result of actions as an appointee of the Sheriff, shall be reported to the Special Process Server Coordinator within 48 hours of notification of lawsuits. 12. Any change in a Special Process Server s work or home telephone number, or address, must be reported to the Special Process Server Coordinator within seven days of the change. 13. Failure to comply with a request made by a member of the Sheriff s Office designated to investigate a complaint could result in immediate revocation of the Special Process Server s appointment. 14. Special Process Servers shall truthfully answer all questions and inquires asked by a Sheriff s Office employee or appointee acting on the Sheriff s authority. 15. A Special Process Server who has his appointment suspended or revoked for misconduct in another county or judicial circuit will immediately notify the Sheriff s Office Special Process Server Coordinator, and will subsequently notify the Special Process Server Coordinator in writing, within 24 hours of such suspension or revocation. The Special Process Server may also have his appointment suspended or revoked in Duval County for that misconduct. 16. Special Process Servers shall not, except to the extent required by their job knowingly associate, socialize, or conduct business with any individual, group or organization that the Special Process Server should have reasonably known was engaging in, encouraging or permitting its members to engage in unsavory or criminal conduct. 17. Any violation of the Written Directives may subject the Special Process Server to immediate revocation of appointment. 4
18. All Special Process Servers are required to notify the Process Server Coordinator in writing within 24 hours if they are arrested or cited for a criminal violation in Duval County or in any other jurisdiction. 19. The Sheriff reserves the right to amend the rules of conduct at any time. C. Investigative Procedure 1. The Special Process Server Coordinator shall be responsible for investigating complaints of misconduct against a Special Process Server. 2. Upon completing an investigation of misconduct, the Special Process Server Coordinator shall forward the investigation report and any recommendation to the Chief of Community Affairs or designee. D. Disciplinary Procedure 1. The Chief of Community Affairs or designee shall have the authority to discipline Special Process Servers. 2. A violation of the rules of conduct by a Special Process Server may result in any of one or a combination of the following types of correctives or disciplinary action: a. Retraining; b. Counseling; c. Written reprimand; d. Probationary period not to exceed one year; e. Suspension of appointment not to exceed one year; and/or f. Revocation of appointment. 3. A Special Process Server who has his appointment suspended or revoked may appeal the disciplinary action to the Chief of Community Affairs. The appeal request must be made in writing by certified mail within 21 days of being notified of the recommended action or discipline. A Special Process Server is entitled to only one appeal per revocation or suspension. The Chief of Community Affairs decision in the appeal of a disciplinary action will be final and binding. No further appeal is available to the appointee. 5
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