D Statement of Responsibility D Permission to Use D Consent to Case Closure After 90 Days of Inactivity

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1 Eviction Checklist ATTENTION: ALL PROPERTY MANAGERS- The Court now requires that you submit written authorization from your clients for each new eviction filed. I. TO FILE A COMPLAINT FOR EVICTION FORM: (MOBILE HOME - RESIDENTIAL) Required Forms: For One Tenant: D I Original plus 2 copies of Complaint D Statement of Responsibility D Permission to Use D Consent to Case Closure After 90 Days of Inactivity D 3 copies of 3-day Notice D 3 copies of written agreement (lease), plus other documents, if any D I white # 10 envelope w/2 stamps addressed to the tenant o Required Fees payable to "Clerk of Court": D $209 Filing Fee (includes document preparation) o Required Sheriff's Fees payable to "FCSO" D $40 per defendant (must be a money order or real estate check) For Two Tenants: D 1 Original plus 4 copies of Complaint D Statement of Responsibility o o D Consent to Case Closure After 90 Days of Inactivity D 5 copies of 3-day Notice D 5 copies of written agreement (lease), plus other documents, if any D 2 white # 10 envelope w/2 stamps per envelope addressed to each tenant Required Fees payable to "Clerk of Court": D $226 Filing Fee (includes document preparation) Required Sheriff's Fees payable to "FCSO" D $40 per defendant (must be a money order or real estate check) More than Two Tenants: You will need: 2 additional copies of each document per tenant. 1 additional envelope w/2 stamps per tenant. II. TO REQUEST A WRIT OF POSSESSION: [PLEASE NOTE: Jfno response by tenant, a Non-Military Affidavit must be filed.} D Put request in writing and submit the original 0 Required Fees payable to "FCSO": D $90 Money Order or Real Estate Check Required Fees payable to "Clerk of Court" Updated: 2/24/20 I 6 0 D $7 for clerk to prepare Writ

2 TENANT EVICTION PACKAGE FOR NON-PAYMENT OF RENT (MOBILE HOME) (IBIS PACK.AGE DOES NOT APPLY TO COMMERCIAL PROPERTY, FAILURE TO COMPLY WITH LEASE) WHAT YOU WILL NEED FOR FILING AN EVICTION: 1. lbree-day notice given to the tenant (see Form #1) 2. Statement of Responsibility (see Form #2) 3. Eviction complaint (see Form #3) 4. Lease or rental agreement (if applicable) 5. Permission to use form (see Form #4) 6. Required fees and envelope(s) (see "Filing Fees") Attention Property Managers: There is a new authorization requirement - the Court requires written authorization from your clients authorizing your representation of them with each new eviction case filed. 7. Consent to Case Closure After 90 Days of Inactivity (see Form #5) FORM #1- THREE-DAY NOTICE: I. Complete the form 2. Make a copy, and give (via hand delivery, posting or certified mail) the original to the tenant 3. Wait three (3) days not including the day of service, weekends, or holidays. For service via certified mail, the three-day count begins when the tenant signs the certified mail card. If this service is used, the tenant's signature on the certified mail card is required at the time the tenant eviction case is filed. 4. If the tenant has not moved or paid the rent after the three-day time limit, make a copy of the Three-Day Notice for the court file and two (2) copies for each tenant to be submitted with the remaining forms. FORM #2- STATEMENT OF RESPONSIBILITY: I. Read the Statement of Responsibility. 2. Type or clearly print the names and addresses of the parties. 3. Sign and date the form. (No additional copies are necessary.) FORM #3 - COMPLAINT FOR TENANT EVICTION: I. Type or clearly print the names and addresses of the parties and fill in the appropriate blank lines. 2. Sign the complaint before a notary public or a deputy clerk. 3. The Clerk's office will need the original complaint and two (2) copies for each adult tenant. 4. Determine (see chart below) if you are filing Count I or Counts I and IL 5. Make a copy of the lease for the court file and two (2) copies for each tenant. FORM #4- PERMISSION TO USE I. Complete the form if you want to receive court notifications via . Form #5 - Consent to Case Closure After 90 Days of Inactivity For possession only- Complete the form to give consent to dismiss and close the eviction case after 90 days of inactivity. COMPLAINT FOR EVICTION COUNTS I AND II Complaint for Tenant Eviction Summons Response to Summons Back Rent* Eviction Hearines (Non-Payment.of (A Combination 5 day Rent) and 20 day Summons will be.issuedj Count I 5-Day summons: Tenant has 5 days to respond Tenant can deposit It is at the discretion of the (Possession) MAY BE POSTED (does not include day of service, back rent and file a court to schedule a Sheriff may serve by: weekends or holidays); response written response with hearing/mediation. Posting (on must be in writing and the Clerk's office. A In the event a premises); submitted to the Clerk's office. hearing/mediation hearing/mediation is granted, Personal Service If tenant fails to file a response may be scheduled. both the Landlord and (given to Tenant); with the Clerk's office, a default Tenant can file a Tenant will be notified and or will be entered against the written response expected to appear in court. Substitute Service Tenant. Also, you will need to w/supporting (given to person submit a NON-MILITARY documents indicating who lives with Affidavit. back rent is not owed. tenant) A hearing/mediation may be scheduled. Count II 20-Da):'. summons: Tenant has 20 days to respond (Back Rent) MUST BE (including weekends and PERSONALLY holidays); responses must be in See "Back Rent'" in See "Eviction Hearings'' in {ALL REQUESTS SERVED writing and submitted to Clerk's Count I above. Count I above. FOR PERSONAL Sheriff must serve by: office. SERVICE MUST Personal Service If tenant fails to file a response BEPurlN (given to Tenant)); with the Clerk's office, a default WRITING& Substitute Service will be entered. Also, you will SUBMITTED (given to person need to submit a NONw/COMPLAINT} who lives with MILITARY Affidavit. tenant) * Back rent deposited into the Court Registry can only be released with a Court Order. You must put your request in writing asking that the money be released. Eviction Packet (MOBILE HOME) Instructions

3 WRIT OF POSSESSION: I. After either 5 days or 20 days of service by the Sheriff (depending on the type of complaint you have filed), the Landlord may request in writing a Final Judgment (FJ) and Writ of Possession (WOP). (However, if a hearing/mediation has been scheduled, you may want to wait until you attend court before requesting the FJ and WOP). At the time of filing your request, you will also need to give the Clerk the filing and sheriff's fees for the Writ of Possession. (See "Fees for a Writ of Possession" below). Also, if the tenant has not responded to the summons, you must submit a NON-MILITARY AFFIDAVIT. 2. After a Final Judgment is signed by the Judge, Clerk prepares a Writ of Possession and gives to Sheriff for service (Note: Final Judgment and Writ of Possession must be requested in writing). 3. Sheriff's office will contact Landlord to meet at rental and evict. FILING FEES* Eviction Filing fee Clerk's Certificate of Mailing Summons Preparation Fee Summons Issuance Fee ******* $ $ 7.00 $ 7.00 $ (For all of the above fees, the court will accept either cash, personal check or money order made payable to "Clerk of Court") Pre-addressed stamped envelope w/ 2 stamps on each envelope (per Tenant) Sheriff's Service fee $40.00 (per Tenant) (Clerk will not accept cash - will accept a Money Order, Cashier's Check or Real Estate check made payable to "FCSO" (Flagler County Sheriff Office- only) Example: Filing fees for: I tenant = $ tenants = $ tenants = $ Fees for a Writ of Possession Writ of Possession Preparation Fee $ 7.00 (Cash, check or money order made payable to "Clerk of Court'') Sheriff's Service fee for Writ $ (Clerk will not accept cash - will accept a Money Order, Cashier's Check or Real Estate check made payable to "FCSO" -only) * If the Complaint for Eviction is not notarized, there will be an additional Oath Administering Fee of $3.50. Eviction Packet (MOBILE HOME) Instructions

4 IN THE COUNTY COURT, SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA Plaintiflts) Vs COMPLAINT FOR TENANT EVICTION (MOBILE HOME/LOT RENTAL) (NON-PAYMENT OF RENT) Defendant(s) COUNT I Plaintiff sues defendant and alleges: I. This is an action to evict a tenant from real property located at ~ in Flagler County, Florida. (a) The Defendant occupies a mobile home owned by the Plaintiff and located on real property owned by the Plaintiff. (b) The Defendant owns and occupies a mobile home located on real property owned by the Plaintiff: (I) Plaintiffs property is a mobile home park with more than ten (10) spaces. (2) Plaintiffs property is a mobile home park with less than ten (IO) spaces. 2. The defendant has possession of the property under oral/written agreement (attach copy of written agreement, if any) to pay rent of$ per (month, week, etc.) 3. Defendant failed to pay rent due in the amount of 4. Plaintiff served defendant with a notice on to pay past due rent or deliver possession but defendant refuses to do either. WHEREFORE, plaintiff demands judgment for possession of the property against defendant. {COUNT II BELOW-MUST BE PERSONALLY SERVED ON DEFENDANT- DEFENDANT HAS 20 DAYS TO RESPOND} Plaintiff sues defendant and alleges: COUNT II I. This is an action for damages in the amount of$ that is due for rent for the period of plus any additional rent that may accrue to the time of the hearing. WHEREFORE, plaintiff demands judgment for damages against defendant. Signature Name of Landlord or Property Manager 3(circ/e one) Address City, State & Zip Code ST A TE OF FLORIDA COUNTY OF FLAGLER Telephone Number SWORN to and subscribed before me this day of, 20 Deputy Clerk or Notary Public State of Florida My Commission Expires: Form #3: Complaint for Eviction - Mobile Home

5 IN THE COUNTY COURT SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA Plaintiff(s) vs Defendant( s) STATEMENT OF RESPONSIBILITY Landlord - Tenant Action Before filing this case I have considered the following matters and acknowledge that: I. This case is being filed in the County Court under the Landlord and Tenant Law of Florida, Chapter 83 Florida Statutes and as set forth in Chapter 51. That the conduct of this case will be in accordance with the rules of procedure and Jaws of Florida which apply to this case. 2. The naming of proper parties is an important element of the case and the responsibility for naming the proper plaintiff(s) and defendant(s) in this case is mine. 3. I am responsible for the furnishing of a correct address or location at which the defendant(s) can be served or given notice ofthis suit. 4. I assume responsibility as to my right to file this case for myself or for the named plaintiff(s) realizing that if the plaintiff is a corporation that such plaintiff may be required to be represented by an attorney. 5. I do not expect the Clerk who receives and files this claim to give me legal advice as to how to prosecute this case and acknowledge that the Clerk is not acting as my attorney or legal advisor. 6. I am solely responsible for the collection of any judgment entered in my favor. Date Signature Fonn #2- Statement of Responsibility

6 IN THE COUNTY COURT SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA THREE-DAY NOTICE Tenant's name and address You are hereby notified that you are indebted to me in the sum of$ for the rent and use of the following premises: Flagler County, Florida, now occupied by you and that I demand payment of the rent or possession of the premises within three days (excluding Saturday, Sunday, and legal holidays) from the date of delivery ofthis notice, to-wit: on or before the day of,20_. (Insert the date, which is three days from the delivery of this notice, excluding the date of delivery, Saturday, Sunday, and legal holidays.) PROOF OF SERVICE: I, the undersigned, being at least eighteen years of age, declare under penalty of perjury that I served the within notice to pay rent or quit tenancy, of 11riiich this is a true copy, on the above named tenant in the manner indicated below on (date) I personally delivered a copy of the notice to tenant. I mailed a true copy of the notice to tenant by certified mail. I posted on the premises location posted -(where) on the above-described property on at am/pm (date) (time) By: Owner/ Agent Form #I: 3-day notice

7 IN THE CIRCUIT & COUNTY COURTS OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR FLAGLER COUNTY, FLORIDA v. Plaintiff/Petitioner/State Defendant/ Respondent PERMISSION TO USE Provide your address below to receive a copy of your Orders, Judgments, Notices of hearings or other written communication from the Clerk of Courts and by electronic mail.* By completing this form, I am authorizing the Clerk of the Circuit Court & Comptroller to send copies of orders/judgments, notices or any other written communications to me by . I will ensure the software filters, if any, have been removed from my computer so they do not interfere with my ability to receive any of the above documents. I will file a written notice with the Clerk if my current address changes. Plaintiff/Petitioner /State (Please Print) Your signature *your address (please print clearly) Date "You will not need to provide a stamped, self-addressed envelope, if you provide your address. Form #4- Permission to Use (Revised )

8 INFORMATION AND INSTRUCTIONS FOR FILING AN AFFIDAVIT OF NON-MILITARY SERVICE An Affidavit of Non-Military Service is a sworn statement s~ating that to the best of your knowledge, you know that the defendant( s) are not currently in the military service. Without the Non-Military Affidavit, the Judge will not accept the default. You may not enter a default against a person in the military service. If you do not know if the individual( s) in the lawsuit are in the Military Service, you may contact the Department of Defense Manpower Data Center at and request the information from the United States Department of Defense. After obtaining the information from the United States Department of Defense, attach your response to the Non-Military Affidavit and file with the Clerk of Court.

9 IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR FLAGLER COUNTY, FLORIDA Case No.: Division: PLAINTIFF(s), Vs. DEFENDANT(s) NONMILITARY AFFIDAVIT I,, , being sworn, certify that the following information is true: ["I/ all that apply] 1. I know of my own personal knowledge that Defendant(s) is not on active duty in the armed services of the United States. or 2. I have inquired of the armed services of the United States and the U.S. Public Health Service to determine whether the Respondent is a member of the armed services and am attaching certificates stating that the Defendant(s) is not now in the armed services. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. DATED: ~- Signature of Plaintiff(s) Printed Name: Address: ~ City, State, Zip: TelepMiie Number: STATE OF FLORIDA COUNTY OF FLAGLER SWORN to or subscribed and signed before me this day of 20 DEPUTY CLERK OR NOTARY PUBLIC STATE OF FLORIDA Type of identification produced MY COMMISSION EXPIRES: -----

10 IN THE COUNTY COURT, SEVENTH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA Plaintiff(s), DIVISION: Defendant( s ), CONSENT TO CASE CLOSURE AFTER 90 DAYS OF INACTIVITY Eviction - Possession Only I, (Plaintiff/Landlord) hereby consent, without further notice, to the dismissal and closure of this case file after 90 days of inactivity have elapsed. I hereby certify that a true and correct copy ofthis Consent will be furnished by U.S. mail or included with the initial service of process to the above named respondent(s). DATED this day of, 20 _ Plaintiff/Landlord Form #5 - Consent to Case Closure I Order )

11 Public Notice RE: Social Security Number, Bank Account Number, Debit, Charge, or Credit Card Number Any person preparing or filing a court document should not include a social security number or a complete bank account, debit, charge, or credit card number in such document, unless required by law or court rule, or necessary to the adjudication of the case. Any person has a right to request that the Clerk of the Circuit Court remove from an image or copy of a court document a social security number or complete bank account, debit, charge, or credit card number contained in a court document. Such request must be made in writing and delivered by mail, facsimile, electronic transmission, or in person to the Clerk of the Circuit Court. The request must specify the case number, the title of the document, and the identification page number of the document which contains the number to be redacted. A fee will not be charged for the redaction of a social security number or a complete bank account, debit, charge, or credit card number pursuant to such a request. The Clerk has no authority to refuse to accept any document or pleading that contains the aforementioned sequential numbers. It is the responsibility of the filer to know whether the information is required by law or necessary to the adjudication of the case. Public Notice: Re SS Numbers rev

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