In the intricate world of legal proceedings in Sarasota, Bradenton, and throughout Florida, ensuring that individuals receive proper notification of legal actions is paramount. While most service of process attempts are straightforward, some situations require more nuanced approaches. At Accurate Serve® of Sarasota, serving Sarasota, Manatee, and DeSoto counties, we understand that occasionally, discreet and limited observation, often termed surveillance, becomes a necessary tool to fulfill our duties lawfully and ethically.
Defining Surveillance in the Process Serving Context
It’s crucial to understand what “surveillance” means for a process server. Unlike extensive operations by private investigators, surveillance in our field refers to specific, limited observation techniques. This usually involves short periods of watching an address from a public vantage point (a “short stakeout”) or observing a subject’s routine comings and goings. The sole purpose is to identify an opportune and lawful moment to deliver legal documents.
When is Discreet Observation Necessary?
Limited surveillance is not a standard procedure but is reserved for challenging circumstances. The primary goal is always to complete service efficiently and in full accordance with Florida’s statutes. Scenarios where it might be employed include:
- Evasive or Elusive Individuals: Some parties may actively try to avoid service. Observation can help confirm their presence at a known location.
- Unknown or Erratic Schedules: When a subject’s routine is unpredictable, brief observation can identify patterns, making service attempts more effective and less intrusive than numerous random visits.
- Verifying Residency or Presence: After several unsuccessful attempts, limited observation can help confirm if a subject genuinely resides or works at an address, ensuring resources are used wisely.
- Navigating Legal and Ethical Lines in Florida
The use of any observation by process servers in Florida is strictly governed by state laws, including Chapter 48 of the Florida Statutes, and local judicial circuit rules, such as those for the 12th Judicial Circuit covering Sarasota and Manatee counties. Ethical conduct, guided by organizations like the Florida Association of Professional Process Servers (FAPPS), is also paramount.
Key considerations always include:
- No Trespassing: Observations must be made from public property.
- Respect for Privacy: This means no illegal recordings (Florida is an all-party consent state for audio) and no use of drones to surveil private property in a way that violates reasonable expectations of privacy (Florida Statute § 934.50).
- No Harassment or Stalking: Observation must be brief, purposeful, and not cross into prolonged monitoring that could constitute harassment or stalking under Florida law (Fla. Stat. § 784.048).
- Professional Conduct: Misrepresentation, intimidation, or any behavior that compromises the integrity of the service is strictly prohibited.
Accurate Serve Sarasota’s Responsible Approach
At Accurate Serve® of Sarasota, we employ limited observation only when necessary, after careful consideration, and always within strict legal and ethical boundaries. Our certified process servers are trained in these requirements and possess the local knowledge of Sarasota, Manatee, and DeSoto counties to conduct such measures responsibly. We ensure detailed record-keeping and maintain transparency with our clients throughout the process.
If you require assistance with a challenging service of process or other legal support services like document retrievals or skip traces, trust the experts. Contact Accurate Serve® of Sarasota at (941) 586-7897 for Sarasota or (941) 677-7208 for Bradenton, or send us a work request online. Find your local office at theaccurateservefranchise.com.
