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A bill to be entitled 1
An act relating to service of process; amending s. 2
15.16, F.S.; authorizing the Department of State to 3
electronically receive service of process under ch. 4
48, F.S.; amending s. 48.061, F.S.; revising 5
procedures for service on partnerships, limited 6
liability partnerships, and limited partnerships; 7
amending s. 48.062, F.S.; providing a definition; 8
revising procedures for service on a domestic limited 9
liability company or registered foreign limited 10
liability company; amending s. 48.071, F.S.; providing 11
for service on nonresidents doing business in the 12
state by use of a commercial firm regularly engaged in 13
the business of document or package delivery; amending 14
s. 48.081, F.S.; providing a definition; revising 15
requirements for service on a domestic corporation or 16
registered foreign corporation; amending s. 48.091, 17
F.S.; providing definitions; requiring designation of 18
registered agents and registered offices by certain 19
partnerships, corporations, and companies; specifying 20
duties of a registered agent; amending s. 4 8.101, 21
F.S.; providing for service on dissolved corporations, 22
dissolved limited liability companies, dissolved 23
limited partnerships, and dissolved limited liability 24
partnerships; creating s. 48.102, F.S.; authorizing 25
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service by other means in certain circu mstances; 26
amending s. 48.151, F.S.; revising the applicability 27
of provisions relating to service on statutory agents 28
for certain persons; amending s. 48.161, F.S.; 29
revising provisions relating to substituted service; 30
providing for substituted service on in dividuals or 31
corporations or other business entities; specifying 32
actions that may be considered due diligence in 33
effectuating service; specifying when service is 34
considered effectuated; requiring the Department of 35
State to maintain certain records; amendin g s. 48.181, 36
F.S.; providing a definition; revising provisions 37
relating to substituted service; providing for 38
substituted service on certain nonresidents and 39
foreign business entities and on individuals and 40
foreign business entities concealing their 41
whereabouts; amending s. 48.194, F.S.; deleting 42
provisions relating to service outside the United 43
States; revising provisions relating to service 44
outside the state but within the United States; 45
creating s. 48.197, F.S.; providing for service in a 46
foreign country; creating s. 49.072, F.S.; providing 47
for service of process for removal of unknown parties 48
in possession of real property; amending s. 766.106, 49
F.S.; revising requirements for service of presuit 50
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notice before filing a medical negligence complaint; 51
creating a rebuttable presumption that service was 52
received by a prospective defendant in certain 53
circumstances; providing court duties if service is 54
challenged during subsequent litigation; revising 55
provisions concerning tolling of the statute of 56
limitations upon service of presuit notice by 57
specified means; amending ss. 495.145, 605.0117, 58
605.09091, 605.0910, 605.1045, 607.0504, 607.1423, 59
607.15101, 607.1520, 617.0504, 617.1510, 617.1520, 60
620.1117, 620.1907, 620.2105, 620.2109, 620.8915, and 61
620.8919, F.S.; conf orming provisions to changes made 62
by the act; providing effective dates. 63
64
Be It Enacted by the Legislature of the State of Florida: 65
66
Section 1. Subsection (3) of section 15.16, Florida 67
Statutes, is amended to read: 68
15.16 Reproduction of records; admissibility in evidence; 69
electronic receipt and transmission of records; certification; 70
acknowledgment.— 71
(3) The Department of State may cause to be received 72
electronically any records that are required or permitted to be 73
filed with it pursuant to chapter 48, chapter 55, chapter 117, 74
chapter 118, chapter 495, chapter 605, chapter 606, chapter 607, 75
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chapter 610, chapter 617, chapter 620, chapter 621, chapter 679, 76
chapter 713, or chapter 865, through facsimile or other 77
electronic transfers, for the purpose of filing such records. 78
The originals of all such electronically transmitted records 79
must be executed in the manner provided in paragraph (5)(b). The 80
receipt of such electronic transfer constitutes delivery to the 81
department as required by law. The depart ment may use electronic 82
transmissions for purposes of notice in the administration of 83
chapters 48, 55, 117, 118, 495, 605, 606, 607, 610, 617, 620, 84
621, 679, and 713 and s. 865.09. The Department of State may 85
collect e-mail addresses for purposes of notice and 86
communication in the performance of its duties and may require 87
filers and registrants to furnish such e -mail addresses when 88
presenting documents for filing. 89
Section 2. Section 48.061, Florida Statutes, is amended to 90
read: 91
48.061 Service on partn erships, limited liability 92
partnerships, and limited partnerships. — 93
(1)(a) Process against a partnership that is not a limited 94
liability partnership or a limited partnership, including a 95
limited liability limited partnership, shall be served on any 96
partner and is as valid for service on the partnership as if 97
served on each individual partner. 98
1. If a partner is not available during regular business 99
hours to accept service on behalf of the partnership, he or she 100
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may designate an employee or agent to accept such service. 101
2. After one attempt to serve a partner or designated 102
employee or agent for service of process has been made, process 103
may be served on a person in charge of the partnership during 104
regular business hours. 105
(b) If the partnership designat ed an agent when 106
registering as a general partnership with the Department of 107
State, service on the agent is as valid for service on the 108
partnership as if served on each individual partner, but, unless 109
individual partners are served, the plaintiff may only proceed 110
to judgment and execution against the asset of the partnership. 111
(2)(a) Process against a domestic limited liability 112
partnership shall first be served on the then -current registered 113
agent for service of process specified in its statement of 114
qualification, in its statement of qualification as amended or 115
restated, or as redesignated in its annual report or change of 116
agent filing and is as valid for service on the limited 117
liability partnership as if served on each individual partner. 118
If service cannot be made on the registered agent because the 119
domestic limited liability partnership ceases to have a 120
registered agent, or if the registered agent cannot otherwise be 121
served after one good faith attempt because of a failure to 122
comply with this chapter or ch apter 620, the process may be 123
served on any partner. 124
1. If a partner is not available during regular business 125
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hours to accept service on behalf of the partnership, he or she 126
may designate an employee to accept such service. 127
2. After one attempt to serv e a partner or designated 128
employee has been made, process may be served on a person in 129
charge of the partnership during regular business hours. 130
(b) If, after due diligence, the process cannot be 131
completed under paragraph (a), then the process may be served as 132
provided in s. 48.161 on the Secretary of State as an agent of 133
the domestic limited liability partnership or by order of the 134
court under s. 48.102. 135
(3)(a)1. Process against a domestic limited partnership, 136
including a domestic limited liability limited partnership, 137
shall first be served on the then -current agent for service of 138
process specified in its certificate of limited partnership, in 139
its certificate as amended or restated, or as redesignated in 140
its annual report or change of agent filing an d is as valid for 141
service on the domestic limited partnership as if served on each 142
individual general partner of the partnership. 143
2. If service cannot be made on the registered agent 144
because the domestic limited partnership or domestic limited 145
liability limited partnership ceases to have a registered agent, 146
or if the registered agent cannot otherwise be served following 147
one good faith attempt because of a failure to comply with this 148
chapter or chapter 620, the process may be served on any general 149
partner. 150
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3. After service on a general partner or the registered 151
agent, the plaintiff may proceed to judgment and execution 152
against the assets of the domestic limited partnership and of 153
that general partner, unless the domestic limited partnership is 154
a limited liability limited partnership. 155
(b) If, after due diligence, the process cannot be 156
completed under paragraph (a), then process may be served as 157
provided in s. 48.161 on the Secretary of State as an agent of 158
the limited partnership or by order of the court under s. 159
48.102. 160
(4)(a) Process against a foreign limited liability 161
partnership that was required to comply under s. 620.9102 may be 162
served as prescribed under subsection (2). 163
(b) A foreign limited liability partnership engaging in 164
business in this sta te but not registered is considered, for 165
purposes of service of process, a nonresident engaging in 166
business in this state and may be served pursuant to s. 48.181 167
or by order of the court under s. 48.102. 168
(5)(a) Process against a foreign limited partnersh ip that 169
was required to comply under s. 620.1902 may be served as 170
prescribed under subsection (3). 171
(b) A foreign limited partnership engaging in business in 172
this state but not registered is considered, for purposes of 173
service of process, a nonresident en gaging in business in this 174
state and may be served pursuant to s. 48.181 or by order of the 175
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court under s. 48.102 After one attempt to serve a partner or 176
designated employee has been made, process may be served on the 177
person in charge of the partnership du ring regular business 178
hours. After service on any partner, plaintiff may proceed to 179
judgment and execution against that partner and the assets of 180
the partnership. After service on a designated employee or other 181
person in charge, plaintiff may proceed to ju dgment and 182
execution against the partnership assets but not against the 183
individual assets of any partner . 184
(2) Process against a domestic limited partnership may be 185
served on any general partner or on the agent for service of 186
process specified in its cert ificate of limited partnership or 187
in its certificate as amended or restated and is as valid as if 188
served on each individual member of the partnership. After 189
service on a general partner or the agent, the plaintiff may 190
proceed to judgment and execution agai nst the limited 191
partnership and all of the general partners individually. If a 192
general partner cannot be found in this state and service cannot 193
be made on an agent because of failure to maintain such an agent 194
or because the agent cannot be found or served with the exercise 195
of reasonable diligence, service of process may be effected by 196
service upon the Secretary of State as agent of the limited 197
partnership as provided for in s. 48.181. Service of process may 198
be made under ss. 48.071 and 48.21 on limited part nerships. 199
(3) Process against a foreign limited partnership may be 200
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served on any general partner found in the state or on any agent 201
for service of process specified in its application for 202
registration and is as valid as if served on each individual 203
member of the partnership. If a general partner cannot be found 204
in this state and an agent for service of process has not been 205
appointed or, if appointed, the agent's authority has been 206
revoked or the agent cannot be found or served with the exercise 207
of reasonable diligence, service of process may be effected by 208
service upon the Secretary of State as agent of the limited 209
partnership as provided for in s. 48.181, or process may be 210
served as provided in ss. 48.071 and 48.21. 211
Section 3. Section 48.062, Florida Statutes, is amended to 212
read: 213
48.062 Service on a domestic limited liability company or 214
registered foreign limited liability company .— 215
(1) As used in this section, the term "registered foreign 216
limited liability company" means a foreign limited liabilit y 217
company that has an active certificate of authority to transact 218
business in this state pursuant to a record filed with the 219
Department of State. 220
(2)(1) Process against A domestic limited liability 221
company, domestic or registered foreign limited liability 222
company, may be served with process required or authorized by 223
law by service on its the registered agent designated by the 224
domestic limited liability company or registered foreign limited 225
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liability company under chapter 605. A person attempting t o 226
serve process pursuant to this subsection may serve the process 227
on any employee of the registered agent during the first attempt 228
at service even if the registered agent is a natural person and 229
is temporarily absent from his or her office. 230
(3)(2) If service cannot be made on a registered agent of 231
the domestic limited liability company or registered foreign 232
limited liability company because the domestic limited liability 233
company or registered foreign limited liability company ceases 234
to have a registered a gent, or if the registered agent of the 235
domestic limited liability company or registered foreign limited 236
liability company cannot otherwise be served after one good 237
faith attempt because of a failure to comply with this chapter 238
or chapter 605 or because the limited liability company does not 239
have a registered agent, or if its registered agent cannot with 240
reasonable diligence be served, process against the limited 241
liability company, domestic or foreign , the process may be 242
served on: 243
(a) Any manager of a manager-managed domestic limited 244
liability company or registered foreign limited liability 245
company On a member of a member -managed limited liability 246
company; 247
(b) Any member of a member -managed domestic limited 248
liability company or registered foreign limite d liability 249
company On a manager of a manager -managed limited liability 250
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company; or 251
(c) Any person listed publicly by the domestic limited 252
liability company or registered foreign limited liability 253
company on its latest annual report, as most recently ame nded If 254
a member or manager is not available during regular business 255
hours to accept service on behalf of the limited liability 256
company, he, she, or it may designate an employee of the limited 257
liability company to accept such service. After one attempt to 258
serve a member, manager, or designated employee has been made, 259
process may be served on the person in charge of the limited 260
liability company during regular business hours . 261
(4)(3) If, after due reasonable diligence, the service of 262
process cannot be compl eted under subsection (2) and if either: 263
(a) The only person listed publicly by the domestic 264
limited liability company or registered foreign limited 265
liability company on its latest annual report, as most recently 266
amended, is also the registered agent on whom service was 267
attempted under subsection (2); or 268
(b) After due diligence, service was attempted on at least 269
one person listed publicly by the domestic limited liability 270
company or registered foreign limited liability company on its 271
latest annual report, as most recently amended, and cannot be 272
completed on such person under subsection (3) (1) or subsection 273
(2), 274
275
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Then the service of process may be served as provided in s. 276
48.161 on effected by service upon the Secretary of State as an 277
agent of the domestic limited liability company or the 278
registered foreign limited liability company or by order of the 279
court under s. 48.102 as provided for in s. 48.181 . 280
(5)(4) If the address for the registered agent or any 281
person listed publicly by the domestic limited liability company 282
or registered foreign limited liability company on its latest 283
annual report, as most recently amended , member, or manager is a 284
residence, a private mailbox, a virtual office, or an executive 285
office or mini suite, service on the domestic limited liability 286
company or registered foreign limited liability company may be 287
made by serving: 288
(a) The registered agent of the domestic limited liability 289
company or registered foreign limited liability company in 290
accordance with s. 48.031; 291
(b) Any person listed publicly by the domestic limited 292
liability company or registered foreign limited liability 293
company on its latest annual report, as most recently amended, 294
in accordance with s. 48.031; or 295
(c) Any, member, or manager of the domestic limited 296
liability company or registered foreign limited liability 297
company in accordance with s. 48.031. 298
(6) A foreign limited liability company engaging in 299
business in this state that is not registered is considered, for 300
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purposes of service of process, a nonresid ent engaging in 301
business in this state and may be served pursuant to s. 48.181 302
or by order of the court under s. 48.102. 303
(7)(5) This section does not apply to service of process 304
on insurance companies. 305
Section 4. Section 48.071, Florida Statutes, is amended to 306
read: 307
48.071 Service on agents of nonresidents doing business in 308
the state.—When any natural person or partnership not residing 309
or having a principal place of business in this state engages in 310
business in this state, process may be served on t he person who 311
is in charge of any business in which the defendant is engaged 312
within this state at the time of service, including agents 313
soliciting orders for goods, wares, merchandise , or services. 314
Any process so served is as valid as if served personally on the 315
nonresident person or partnership engaging in business in this 316
state in any action against the person or partnership arising 317
out of such business. A copy of such process with a notice of 318
service on the person in charge of such business shall be sent 319
forthwith to the nonresident person or partnership by registered 320
mail, by or certified mail, return receipt requested , or by use 321
of a commercial firm regularly engaged in the business of 322
document or package delivery. The party seeking to effectuate 323
service or his, her, or its attorney shall prepare . an affidavit 324
of compliance with this section , which shall be filed before the 325
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return day or within such further time as the court may allow. 326
Section 5. Section 48.081, Florida Statutes, is amended to 327
read: 328
48.081 Service on a domestic corporation or registered 329
foreign corporation.— 330
(1) As used in this section, the term "registered foreign 331
corporation" means a foreign corporation that has an active 332
certificate of authority to transact business in this sta te 333
pursuant to a record filed with the Department of State. 334
(2) A domestic corporation or a registered foreign 335
corporation may be served with process required or authorized by 336
law by serving on its registered agent designated by the 337
corporation under cha pter 607 or chapter 617, as appropriate. 338
(3) If service cannot be made on a registered agent of the 339
domestic corporation or registered foreign corporation because 340
the domestic corporation or registered foreign corporation 341
ceases to have a registered agen t, or if the registered agent of 342
the domestic corporation or registered foreign corporation 343
cannot otherwise be served after one good faith attempt because 344
of a failure to comply with this chapter or chapter 607 or 345
chapter 617, as appropriate, the process may be served on 346
Process against any private corporation, domestic or foreign, 347
may be served: 348
(a) The chair of the board of directors, On the president, 349
any or vice president, the secretary, or the treasurer or other 350
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head of the domestic corporation or registered foreign 351
corporation; or 352
(b) Any person listed publicly by the domestic corporation 353
or registered foreign corporation on its latest annual report, 354
as most recently amended In the absence of any person described 355
in paragraph (a), on the cashier, treasurer, secretary, or 356
general manager; 357
(c) In the absence of any person described in paragraph 358
(a) or paragraph (b), on any director; or 359
(d) In the absence of any person described in paragraph 360
(a), paragraph (b), or paragraph (c), on any officer or business 361
agent residing in the state . 362
(4) If, after due diligence, the process cannot be 363
completed under subsection (2) and if either: 364
(a) The only person listed publicly by the domestic 365
corporation or registered foreign corporation on its latest 366
annual report, as most recently amended, is also the registered 367
agent on whom service was attempted under subsection (2); or 368
(b) After due diligence, service was attempted on at least 369
one person listed publicly by the domestic corporation or 370
registered foreign corporation on its latest annual report, as 371
most recently amended, and cannot be completed on such person 372
under subsection (3), then the process may be served as provided 373
in s. 48.161 on the Secretary of State as an agent of the 374
domestic corporation or r egistered foreign corporation or by 375
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order of the court under s. 48.102. 376
(2) If a foreign corporation has none of the foregoing 377
officers or agents in this state, service may be made on any 378
agent transacting business for it in this state. 379
(3)(a) As an alternative to all of the foregoing, process 380
may be served on the agent designated by the corporation under 381
s. 48.091. However, if service cannot be made on a registered 382
agent because of failure to comply with s. 48.091, service of 383
process shall be permitted on any employee at the corporation's 384
principal place of business or on any employee of the registered 385
agent. A person attempting to serve process pursuant to this 386
paragraph may serve the process on any employee of the 387
registered agent during the first att empt at service even if the 388
registered agent is temporarily absent from his or her office. 389
(5)(b) If the address for the registered agent or any 390
person listed publicly by the domestic corporation or registered 391
foreign corporation on its latest annual rep ort, as most 392
recently amended, officer, director, or principal place of 393
business is a residence, a private mailbox, a virtual office, or 394
an executive office or mini suite, service on the domestic 395
corporation or registered foreign corporation may be made by 396
serving: 397
(a) The registered agent of the domestic corporation or 398
registered foreign corporation , officer, or director in 399
accordance with s. 48.031 ; 400
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(b) Any person listed publicly by the domestic corporation 401
or registered foreign corpora tion on its latest annual report, 402
as most recently amended, in accordance with s. 48.031; or 403
(c) Any person serving in one of the positions listed in 404
paragraph (3)(a) in accordance with s. 48.031 . 405
(6) A foreign corporation engaging in business in this 406
state that is not registered is considered, for purposes of 407
service of process, a nonresident engaging in business in this 408
state and may be served pursuant to s. 48.181 or by order of the 409
court under s. 48.102. 410
(7)(4) This section does not apply to servi ce of process 411
on insurance companies. 412
(5) When a corporation engages in substantial and not 413
isolated activities within this state, or has a business office 414
within the state and is actually engaged in the transaction of 415
business therefrom, service upon an y officer or business agent 416
while on corporate business within this state may personally be 417
made, pursuant to this section, and it is not necessary in such 418
case that the action, suit, or proceeding against the 419
corporation shall have arisen out of any trans action or 420
operation connected with or incidental to the business being 421
transacted within the state. 422
Section 6. Section 48.091, Florida Statutes, is amended to 423
read: 424
48.091 Partnerships, corporations, and limited liability 425
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companies; designation of registered agent and registered 426
office.— 427
(1) As used in this section, the term: 428
(a) "Registered foreign corporation" and "registered 429
foreign limited liability company" have the same meanings as in 430
ss. 48.081 and 48.062, respectively. 431
(b) "Registered foreign limited liability partnership" or 432
"registered foreign limited partnership" means a foreign limited 433
liability partnership or foreign limited partnership that has an 434
active certificate of authority to transact business in this 435
state pursuant to a recor d filed with the Department of State. 436
(2)(1) Every domestic limited liability partnership, 437
domestic limited partnership (including limited liability 438
limited partnerships), domestic corporation, domestic limited 439
liability company, registered foreign limited liability 440
partnership, registered foreign limited partnership (including 441
limited liability limited partnerships), registered foreign 442
corporation, and registered foreign limited liability company 443
must Florida corporation and every foreign corporatio n now 444
qualified or hereafter qualifying to transact business in this 445
state shall designate a registered agent and registered office 446
in accordance with part I of chapter 607, chapter 605, chapter 447
617, or chapter 620, as applicable, respectively . 448
(3)(2) Every domestic limited liability partnership, 449
domestic limited partnership (including limited liability 450
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limited partnerships), domestic corporation, domestic limited 451
liability company, registered foreign limited liability 452
partnership, registered foreign limi ted partnership (including 453
limited liability limited partnerships), registered foreign 454
corporation, and registered foreign limited liability company, 455
and every domestic or foreign general partnership that elects to 456
designate a registered agent, must cause the designated 457
registered agent to corporation shall keep the designated 458
registered office open from at least 10 a.m. to 12 noon each day 459
except Saturdays, Sundays, and legal holidays, and must cause 460
the designated registered agent to shall keep one or more 461
individuals who are, or are representatives of, the designated 462
registered agents on whom process may be served at the office 463
during these hours. The corporation shall keep a sign posted in 464
the office in some conspicuous place designating the name of the 465
corporation and the name of its registered agent on whom process 466
may be served at the office during these hours . 467
(4) A person attempting to serve process pursuant to this 468
section on a registered agent that is other than a natural 469
person may serve the pro cess on any employee of the registered 470
agent. A person attempting to serve process pursuant to this 471
section on a natural person, if the natural person is 472
temporarily absent from his or her office, may serve the process 473
during the first attempt at service o n any employee of such 474
natural person. 475
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(5) The registered agent shall promptly forward copies of 476
the process and any other papers received in connection with the 477
service to a responsible person in charge of the business 478
entity. Failure to comply with thi s subsection does not 479
invalidate the service of process. 480
Section 7. Section 48.101, Florida Statutes, is amended to 481
read: 482
48.101 Service on dissolved corporations , dissolved 483
limited liability companies, dissolved limited partnerships, and 484
dissolved limited liability partnerships .— 485
(1) Process against the directors of any corporation which 486
was dissolved before July 1, 1990, as trustees of the dissolved 487
corporation shall be served on one or more of the directors of 488
the dissolved corporation as trustee s thereof and binds all of 489
the directors of the dissolved corporation as trustees thereof. 490
Process against any other dissolved corporation shall be served 491
in accordance with s. 48.081. 492
(2)(a) Process against any other dissolved domestic 493
corporation must be served in accordance with s. 48.081. 494
(b) In addition, provided that service was first properly 495
attempted under s. 48.081(2), but was not successful as required 496
under s. 48.081(3), then in addition to the persons listed in s. 497
48.081(3), service may be made on the person appointed as the 498
liquidator, trustee, or receiver under s. 607.1405. 499
(c) A party attempting to serve a dissolved domestic for -500
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profit corporation under this section may petition the court to 501
appoint one of the persons under s. 607.1405 to receive service 502
of process on behalf of the corporation. 503
(3)(a) Process against any dissolved domestic limited 504
liability company must be served in accordance with s. 48.062. 505
(b) In addition, provided that service was first properly 506
attempted under s. 48.062(2), but was not successful as required 507
under s. 48.062(3), then in addition to the persons listed in s. 508
48.062(3), service on a dissolved domestic limited liability 509
company may be made on the person appointed as the liquidator, 510
trustee, or receiver under s. 605.0709. 511
(c) A party attempting to serve a dissolved domestic 512
limited liability company under this section may petition the 513
court to appoint one of the persons under s. 605.0709 to receive 514
service of process on behalf of the limited liability company. 515
(4) Process against any dissolved domestic limited 516
partnership must be served in accordance with s. 48.061. 517
Section 8. Section 48.102, Florida Statutes, is created to 518
read: 519
48.102 Service by other means. —If a party seeking to 520
effectuate service is unable after reasonable diligence to 521
effectuate personal service of process on a domestic or foreign 522
corporation, a domestic or foreign general partnership 523
(including a limited lia bility partnership), a domestic or 524
foreign limited partnership (including a limited liability 525
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limited partnership), or a domestic or foreign limited liability 526
company, the court, upon motion and a showing of such inability, 527
may authorize service in any oth er manner that the party seeking 528
to effectuate service shows will be reasonably effective to give 529
the entity on which service is sought to be effectuated actual 530
notice of the suit. Such other manners of service may include 531
service electronically by social media, e-mail, or other 532
technology. 533
Section 9. Subsection (2) of section 48.151, Florida 534
Statutes, is amended to read: 535
48.151 Service on statutory agents for certain persons. — 536
(2) This section does not apply to substituted service of 537
process under ss. 48.161 and 48.181 on nonresidents. 538
Section 10. Section 48.161, Florida Statutes, is amended 539
to read: 540
48.161 Method of substituted service on nonresident. — 541
(1) When authorized by law, substituted service of process 542
on a nonresident individual or a corporation or other business 543
entity that is incorporated or formed under the laws of any 544
other state, territory, or commonwealth, or the laws of any 545
foreign country, may or a person who conceals his or her 546
whereabouts by serving a public officer design ated by law shall 547
be made by sending leaving a copy of the process to the office 548
of the Secretary of State by personal delivery, by registered 549
mail, with a fee of $8.75 with the public officer or in his or 550
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her office or by mailing the copies by certified mail, return 551
receipt requested, by use of a commercial firm regularly engaged 552
in the business of document or package delivery, or by 553
electronic transmission to the public officer with the fee . The 554
service is sufficient service on a party that defendant who has 555
appointed or is deemed to have appointed the Secretary of State 556
a public officer as his, or her, or its agent for the service of 557
process. The Secretary of State shall keep a record of all 558
process served on the Secretary of State showing the day and 559
hour of service. 560
(2) Notice of service and a copy of the process shall be 561
sent forthwith by the party effectuating service or by his, her, 562
or its attorney by registered mail, by registered or certified 563
mail, return receipt requested, or by use of a commerci al firm 564
regularly engaged in the business of document or package 565
delivery, as well as electronically by e -mail, social media, or 566
other electronic means if and to the extent the particular 567
methods have been recently and regularly used by the parties to 568
communicate between themselves, to the party being served by 569
substituted service at his, her, or its last known physical 570
address and, if applicable, electronic address, and return 571
receipts or proof of service shall be filed showing delivery to 572
the party by mail or courier and by electronic means, if 573
electronic means were used, unless the party is actively 574
refusing or rejecting the delivery of the notice. An by the 575
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plaintiff or his or her attorney to the defendant, and the 576
defendant's return receipt and the affidavit of compliance of 577
the party effectuating service plaintiff or his, or her, or its 578
attorney of compliance shall be filed within 40 days after on or 579
before the date return day of service on the Secretary of State 580
process or within such additional time as the court allows . The 581
affidavit of compliance shall set forth the facts that justify 582
substituted service under this section and that show due 583
diligence was exercised in attempting to locate and effectuate 584
personal service on the party before using substituted service 585
under this section. The party effectuating service does not need 586
to allege in its original or amended complaint the facts 587
required to be set forth in the affidavit of compliance. 588
(3) When an individual or business entity is concealin g 589
himself, herself, or itself, the party seeking to effectuate 590
service may, after exercising due diligence to locate and 591
effectuate personal service, use substituted service pursuant to 592
subsection (1) in connection with any action in which the court 593
has jurisdiction over such individual or business entity. In 594
this instance, the party seeking service shall further comply 595
with subsection (2); however, a return receipt or other proof 596
showing acceptance of receipt of the notice of service and a , or 597
the notice and copy of the shall be served on the defendant, if 598
found within the state, by an officer authorized to serve legal 599
process by the party concealing himself, herself, or itself need 600
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not be filed, or if found without the state, by a sheriff or a 601
deputy sheriff of any county of this state or any duly 602
constituted public officer qualified to serve like process in 603
the state or jurisdiction where the defendant is found. The 604
officer's return showing service shall be filed on or before the 605
return day of the process or within such time as the court 606
allows. The fee paid by the plaintiff to the public officer 607
shall be taxed as cost if he or she prevails in the action. The 608
public officer shall keep a record of all process served on him 609
or her showing the day and hour of service. 610
(4)(a) The party effectuating service shall be considered 611
to have used due diligence if that party: 612
1. Made diligent inquiry and exerted an honest and 613
conscientious effort appropriate to the circumstances to acquire 614
the information necessary t o effectuate personal service; 615
2. In seeking to effectuate personal service, reasonably 616
employed the knowledge at the party's command, including 617
knowledge obtained pursuant to subparagraph 1.; and 618
3. Made an appropriate number of attempts to serve the 619
party, taking into account the particular circumstances. 620
(b) Notwithstanding paragraph (a), in making the 621
determination as to whether the party effectuating service used 622
due diligence, a court shall presume that the serving party 623
exercised due diligence by making three good faith attempts to 624
serve the party to be served at each location where and during 625
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such times when such party is likely to be found as disclosed 626
through obvious resources reasonably available to the party 627
seeking to secure service of pro cess. The presumption in this 628
paragraph is rebuttable. 629
(5)(2) If any individual person on whom service of process 630
is authorized under subsection (1) dies, service may be made on 631
his or her administrator, executor, curator, or personal 632
representative in the same manner. 633
(6)(4) The Secretary of State public officer may designate 634
an individual some other person in his or her office to accept 635
service. 636
(7) Service of process is effectuated under this section 637
on the date the service is received by the Department of State. 638
(8) The Department of State shall maintain a record of 639
each process served pursuant to this section and record the time 640
of and the action taken regarding the service. 641
(9)(3) This section does not apply to persons on whom 642
service is authorized under s. 48.151. 643
Section 11. Section 48.181, Florida Statutes, is amended 644
to read: 645
48.181 Substituted service on nonresidents and foreign 646
business entities nonresident engaging in business in state or 647
concealing their whereabouts .— 648
(1) As used in this section, the term "foreign business 649
entity" means any corporation or other b usiness entity that is 650
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incorporated, formed, or existing under the laws of any other 651
state, territory, or commonwealth, or the laws of any foreign 652
country. 653
(2)(1) The acceptance by any individual person or 654
individuals persons, individually or associated together as a 655
copartnership or any other form or type of association, who are 656
residents of any other state , territory, or commonwealth, or of 657
any foreign or country, or by any foreign business entity and 658
all foreign corporations, and any person who is a re sident of 659
the state and who subsequently becomes a nonresident of the 660
state or conceals his or her whereabouts, of the privilege 661
extended by law to nonresidents and others to operate, conduct, 662
engage in, or carry on a business or business venture in the 663
state, or to have an office or agency in the state, shall be 664
deemed to constitute constitutes an appointment by the 665
individuals persons and foreign business entities corporations 666
of the Secretary of State of the state as their agent on whom 667
all process in any action or proceeding against them, or any of 668
them, arising out of any transaction or operation connected with 669
or incidental to the business or business venture may be se rved 670
as substituted service in accordance with this chapter . The 671
acceptance of the privilege is signification of the agreement of 672
the respective individuals persons and foreign business entities 673
corporations that the process served against them in accordance 674
with this chapter which is so served is of the same validity as 675
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if served personally on the respective individual persons or 676
foreign business entity corporations. 677
(3)(2) If a foreign business entity corporation has 678
registered to do business a resident agent or officer in the 679
state and has maintained its registration in an active status or 680
otherwise continued to have a registered agent , personal service 681
of process shall first be attempted served on the foreign 682
business entity in the manner and order of priority described in 683
this chapter as applicable to the foreign business entity. If 684
the party seeking to effectuate service of process is unable, 685
after due diligence, to effectuate service of process on the 686
registered agent or other official as provided in this chapter, 687
the party may use substituted service of process on the 688
Secretary of State resident agent or officer . 689
(4) Any individual or foreign business entity that 690
conceals his, her, or its whereabouts shall be deemed to have 691
appointed the Secretary of State as his, her, or its agent on 692
whom all process, in any action or proceeding against him, her, 693
or it, or any of them, arising out of any transaction or 694
operation connected with or incidental to any business or 695
business venture carried on in the stat e by such individual or 696
foreign business entity, may be served. 697
(5)(3) Any individual or foreign business entity person, 698
firm, or corporation which sells, consigns, or leases by any 699
means whatsoever tangible or intangible personal property, 700
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through brokers, jobbers, wholesalers, or distributors to any 701
individual person, firm, or corporation, or other business 702
entity in the this state is conclusively presumed to be both 703
engaged in substantial and not isolated activities within the 704
this state and operating, conducting, engaging in, or carrying 705
on a business or business venture in the this state. 706
(6) Service pursuant to this section shall be effectuated 707
in the manner prescribed by s. 48.161. 708
Section 12. Subsections (1) and (2) of se ction 48.194, 709
Florida Statutes, are amended to read: 710
48.194 Personal service in another outside state, 711
territory, or commonwealth of the United States .— 712
(1) Except as otherwise provided herein, service of 713
process on a party in another persons outside of this state, 714
territory, or commonwealth of the United States shall be made in 715
the same manner as service within this state by any officer 716
person authorized to serve process in the state where service 717
shall be made the person is served . No order of court i s 718
required. An affidavit of the officer shall be filed, stating 719
the time, manner, and place of service. The A court may consider 720
the affidavit return-of-service form described in s. 48.21 , or 721
any other competent evidence, in determining whether service has 722
been properly made. Service of process on persons outside the 723
United States may be required to conform to the provisions of 724
the Hague Convention on the Service Abroad of Judicial and 725
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Extrajudicial Documents in Civil or Commercial Matters. 726
(2) Where in rem or quasi in rem relief is sought in a 727
foreclosure proceeding as defined by s. 702.09, service of 728
process on a person in another state, territory, or commonwealth 729
outside of the United States this state where the address of the 730
person to be served is kno wn may be made by registered mail as 731
follows: 732
(a) The party's attorney or the party, if the party is not 733
represented by an attorney, shall place a copy of the original 734
process and the complaint, petition, or other initial pleading 735
or paper and, if applic able, the order to show cause issued 736
pursuant to s. 702.10 in a sealed envelope with adequate postage 737
addressed to the person to be served. 738
(b) The envelope shall be placed in the mail as registered 739
mail. 740
(c) Service under this subsection shall be cons idered 741
obtained upon the signing of the return receipt by the person 742
allowed to be served by law. 743
Section 13. Section 48.197, Florida Statutes, is created 744
to read: 745
48.197 Service in a foreign country. — 746
(1) Service of process may be effectuated in a foreign 747
country upon a party, other than a minor or an incompetent 748
person: 749
(a) By any internationally agreed means of service 750
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reasonably calculated to give actual notice of the proceedings, 751
such as those authorized by the Hague Convention on the Service 752
Abroad of Judicial and Extrajudicial Documents in Civil or 753
Commercial Matters; 754
(b) If there is no internationally agreed means of 755
service, or if an international agreement allows but does not 756
specify other means, by a method that is reasonably calculate d 757
to give actual notice of the proceedings: 758
1. As prescribed by the foreign country's law for service 759
in that country in an action in its courts of general 760
jurisdiction; 761
2. As the foreign authority directs in response to a 762
letter rogatory or letter of request; or 763
3. Unless prohibited by the foreign country's law, by: 764
a. If serving an individual, delivering a copy of the 765
summons and of the complaint to the individual personally; or 766
b. Using any form of mail that the clerk addresses and 767
sends to the party and that requires a signed receipt; or 768
(c) Pursuant to motion and order by the court, by other 769
means, including electronically by social media, e -mail, or 770
other technology, that the party seeking service shows is 771
reasonably calculated to give actu al notice of the proceedings 772
and is not prohibited by international agreement, as the court 773
orders. 774
(2) Service of process may be effectuated in a foreign 775
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country upon a minor or incompetent person in the manner 776
prescribed by subparagraph (1)(b)1., subpa ragraph (1)(b)2., or 777
paragraph (1)(c). 778
Section 14. Section 49.072, Florida Statutes, is created 779
to read: 780
49.072 Service of process for removal of unknown parties 781
in possession.— 782
(1) This section applies only to actions governed by s. 783
51.011 and only to the extent such actions seek relief for the 784
removal of unknown parties in possession of real property. All 785
provisions of this section are cumulative to other provisions of 786
law or rules of court about service of process, and all other 787
such provisions are cumulative to this section. 788
(2) A summons shall be issued in the name of "Unknown 789
Party in Possession" when the name of an occupant of real 790
property is not known to the plaintiff and the property occupied 791
by the unknown party is identified in the comp laint and summons. 792
A separate summons shall be issued for each such unknown 793
occupant. 794
(3) The plaintiff shall attempt to serve the summons on 795
any unknown occupant of the property described in the summons 796
and complaint. If service on the unknown occupant is not 797
effected on the first attempt, at least one further attempt must 798
be made. The minimum time delay between the two attempts to 799
obtain service is 6 hours. The process server shall make an 800
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inquiry as to the name of the unknown occupant at the time of 801
service. The return of service must note the name of the 802
occupant if obtained by the process server or state that the 803
name of the occupant could not be obtained after inquiry. If the 804
name of the occupant becomes known to the plaintiff through the 805
return of service or otherwise, then, without notice or hearing 806
thereon, all subsequent proceedings shall be taken under the 807
true name of such occupant and all prior proceedings shall be 808
deemed amended accordingly. 809
(4) If service is not effected on an unknown party in 810
possession after two attempts to obtain service as provided in 811
subsection (3), and even if an unknown party in possession is 812
served as provided in subsection (3), service of process shall 813
also be made on unknown parties in possession as follows: 814
(a) By attaching the summons and complaint to a 815
conspicuous location on the premises involved in the 816
proceedings; and 817
(b) Upon issuance of the summons, the plaintiff shall 818
provide the clerk of court with one additional copy of the 819
summons and complaint for e ach unknown occupant and a prestamped 820
envelope for each unknown occupant addressed to the unknown 821
occupant at the address of the premises involved in the 822
proceedings. The clerk of court shall immediately mail a copy of 823
the summons and complaint by first -class mail, note the fact of 824
mailing in the docket, and file a certificate in the court file 825
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of the fact and date of mailing. 826
(5) Service shall be effective on the unknown party in 827
possession, regardless of whether personal service is made, on 828
the date of attaching the summons and complaint to a conspicuous 829
location on the premises or mailing, whichever occurs later, and 830
at least 5 days after the date of service must have elapsed 831
before a judgment for final removal of the unknown party in 832
possession may be entered. 833
(6) The judgment and writ of possession shall refer to any 834
unknown party in possession by name if the name is shown on the 835
return of service or is otherwise known to the plaintiff. If the 836
name of any unknown party in possession is not shown on the 837
return of service or otherwise known to the plaintiff, and 838
service has been effected as provided in this section, the 839
judgment and writ of possession shall refer to each such person 840
as an "Unknown Party in Possession" and the writ of possession 841
shall be executed by the sheriff by placing the plaintiff in 842
possession of the property and dispossessing the occupants. 843
Section 15. Effective upon becoming a law, subsection (2), 844
paragraph (a) of subsection (3), and subsection (4) of section 845
766.106, Florida Statutes, are amended to read: 846
766.106 Notice before filing action for medical 847
negligence; presuit screening period; offers for admission of 848
liability and for arbitration; informal discovery; review. — 849
(2) PRESUIT NOTICE. — 850
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(a) After completion of pre suit investigation pursuant to 851
s. 766.203(2) and before prior to filing a complaint for medical 852
negligence, a claimant shall notify each prospective defendant 853
of intent to initiate litigation for medical negligence by 854
verifiable means, which includes one o f the following: 855
1. United States Postal Service certified mail, return 856
receipt requested; 857
2. United States Postal Service mail with a tracking 858
number; 859
3. An interstate, commercial mail carrier or delivery 860
service; or 861
4. A certified process server as provided in s. 48.27 and 862
in accordance with chapter 48. 863
(b) Proof of service made pursuant to this subsection and 864
delivered to an address on file with the Department of Health, 865
the Secretary of State, or the Agency for Health Care 866
Administration creat es a rebuttable presumption that service was 867
received by the prospective defendant. If service is challenged 868
during subsequent litigation, an evidentiary hearing shall be 869
held by the court to determine whether the prospective defendant 870
or a person legally related to the prospective defendant was 871
provided notice pursuant to this subsection and, if so, the date 872
thereof by certified mail, return receipt requested, of intent 873
to initiate litigation for medical negligence . 874
(c) Notice to each prospective defenda nt must include, if 875
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available, a list of all known health care providers seen by the 876
claimant for the injuries complained of subsequent to the 877
alleged act of negligence, all known health care providers 878
during the 2-year period before prior to the alleged act of 879
negligence who treated or evaluated the claimant, copies of all 880
of the medical records relied upon by the expert in signing the 881
affidavit, and the executed authorization form provided in s. 882
766.1065. 883
(d)(b) Following the initiation of a suit allegi ng medical 884
negligence with a court of competent jurisdiction, and service 885
of the complaint upon a prospective defendant, the claimant 886
shall provide a copy of the complaint to the Department of 887
Health and, if the complaint involves a facility licensed under 888
chapter 395, the Agency for Health Care Administration. The 889
requirement of providing the complaint to the Department of 890
Health or the Agency for Health Care Administration does not 891
impair the claimant's legal rights or ability to seek relief for 892
his or her claim. The Department of Health or the Agency for 893
Health Care Administration shall review each incident that is 894
the subject of the complaint and determine whether it involved 895
conduct by a licensee which is potentially subject to 896
disciplinary action, in w hich case, for a licensed health care 897
practitioner, the provisions of s. 456.073 apply and, for a 898
licensed facility, the provisions of part I of chapter 395 899
apply. 900
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(3) PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT. — 901
(a) No suit may be filed for a peri od of 90 days after 902
notice is delivered mailed to any prospective defendant. During 903
the 90-day period, the prospective defendant or the prospective 904
defendant's insurer or self -insurer shall conduct a review as 905
provided in s. 766.203(3) to determine the lia bility of the 906
prospective defendant. Each insurer or self -insurer shall have a 907
procedure for the prompt investigation, review, and evaluation 908
of claims during the 90 -day period. This procedure shall include 909
one or more of the following: 910
1. Internal review by a duly qualified claims adjuster; 911
2. Creation of a panel comprised of an attorney 912
knowledgeable in the prosecution or defense of medical 913
negligence actions, a health care provider trained in the same 914
or similar medical specialty as the prospective d efendant, and a 915
duly qualified claims adjuster; 916
3. A contractual agreement with a state or local 917
professional society of health care providers, which maintains a 918
medical review committee; 919
4. Any other similar procedure which fairly and promptly 920
evaluates the pending claim. 921
922
Each insurer or self -insurer shall investigate the claim in good 923
faith, and both the claimant and prospective defendant shall 924
cooperate with the insurer in good faith. If the insurer 925
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requires, a claimant shall appear before a pretrial screening 926
panel or before a medical review committee and shall submit to a 927
physical examination, if required. Unreasonable failure of any 928
party to comply with this section justifies dismissal of claims 929
or defenses. There shall be no civil liabilit y for participation 930
in a pretrial screening procedure if done without intentional 931
fraud. 932
(4) SERVICE OF PRESUIT NOTICE AND TOLLING. —The notice of 933
intent to initiate litigation shall be served within the time 934
limits set forth in s. 95.11. However, upon mailing of the 935
notice of intent to initiate litigation, as provided in 936
subparagraphs (2)(a)1. -3., and during the 90-day period provided 937
in subsection (3), the statute of limitations is tolled as to 938
all prospective potential defendants. If the notice of inten t to 939
initiate litigation is served by a certified process server, as 940
provided in subparagraph (2)(a)4., the statute of limitations is 941
tolled upon the certified process server's first attempt to 942
serve the prospective defendant and continues during the 90 -day 943
period as to all prospective defendants. Upon stipulation by the 944
parties, the 90-day period may be extended and the statute of 945
limitations is tolled during any such extension. Upon receiving 946
notice of termination of negotiations in an extended period, th e 947
claimant shall have 60 days or the remainder of the period of 948
the statute of limitations, whichever is greater, within which 949
to file suit. 950
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Section 16. Section 495.145, Florida Statutes, is amended 951
to read: 952
495.145 Forum for actions regarding regist ration.—An 953
action seeking cancellation of a registration of a mark 954
registered under this chapter may be brought in any court of 955
competent jurisdiction in this state. Service of process on a 956
nonresident registrant may be made in accordance with ss. 48.161 957
and 48.181 s. 48.181. The department shall not be made a party 958
to cancellation proceedings. 959
Section 17. Section 605.0117, Florida Statutes, is amended 960
to read: 961
605.0117 Serving Service of process, giving notice, or 962
making a demand.— 963
(1) Process against a limited liability company or 964
registered foreign limited liability company may be served in 965
accordance with s. 48.062 and chapter 48 or in accordance with 966
chapter 49 with process required or authorized by law by serving 967
on its registered agent . 968
(2) If a limited liability company or registered foreign 969
limited liability company ceases to have a registered agent or 970
if its registered agent cannot with reasonable diligence be 971
served, the process required or permitted by law may instead be 972
served: 973
(a) On a member of a member -managed limited liability 974
company or registered foreign limited liability company; or 975
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(b) On a manager of a manager -managed limited liability 976
company or registered foreign limited liability company. 977
(3) If the process cannot be se rved on a limited liability 978
company or registered foreign limited liability company pursuant 979
to subsection (1) or subsection (2), the process may be served 980
on the secretary of state as an agent of the company. 981
(4) Service of process on the secretary of s tate may be 982
made by delivering to and leaving with the department duplicate 983
copies of the process. 984
(5) Service is effectuated under subsection (3) on the 985
date shown as received by the department. 986
(6) The department shall keep a record of each process 987
served pursuant to this section and record the time of and the 988
action taken regarding the service. 989
(2)(7) Any notice or demand on a limited liability company 990
or registered foreign limited liability company under this 991
chapter may be given or made to any me mber of a member-managed 992
limited liability company or registered foreign limited 993
liability company or to any manager of a manager -managed limited 994
liability company or registered foreign limited liability 995
company; to the registered agent of the limited liab ility 996
company or registered foreign limited liability company at the 997
registered office of the limited liability company or registered 998
foreign limited liability company in this state; or to any other 999
address in this state that is in fact the principal offic e of 1000
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the limited liability company or registered foreign limited 1001
liability company in this state. 1002
(3) A registered series of a foreign series limited 1003
liability company may be served in the same manner as a 1004
registered limited liability company. 1005
(4)(8) This section does not affect the right to serve 1006
process, give notice, or make a demand in any other manner 1007
provided by law. 1008
Section 18. Subsection (1) of section 605.09091, Florida 1009
Statutes, is amended to read: 1010
605.09091 Judicial review of denial of r einstatement.— 1011
(1) If the department denies a foreign limited liability 1012
company's application for reinstatement after revocation of its 1013
certificate of authority, the department shall serve the foreign 1014
limited liability company, pursuant to s. 605.0117(2) s. 1015
605.0117(7), with a written notice that explains the reason or 1016
reasons for the denial. 1017
Section 19. Paragraphs (e), (f), and (g) of subsection (1) 1018
and subsection (2) of section 605.0910, Florida Statutes, are 1019
amended to read: 1020
605.0910 Withdrawal a nd cancellation of certificate of 1021
authority.— 1022
(1) To cancel its certificate of authority to transact 1023
business in this state, a foreign limited liability company must 1024
deliver to the department for filing a notice of withdrawal of 1025
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certificate of authority. The certificate of authority is 1026
canceled when the notice becomes effective pursuant to s. 1027
605.0207. The notice of withdrawal of certificate of authority 1028
must be signed by an authorized representative and state the 1029
following: 1030
(e) That the foreign limited liability company revokes the 1031
authority of its registered agent to accept service on its 1032
behalf and appoints the Secretary of State as its agent for 1033
service of process based on a cause of action arising during the 1034
time the foreign limited liability compan y was authorized to 1035
transact business in this state. 1036
(f) A mailing address and an e-mail address to which a 1037
party seeking to effectuate service of process the department 1038
may send mail a copy of any process served on the Secretary of 1039
State under paragraph (e). 1040
(g) A commitment to notify the department in the future of 1041
any change in its mailing address or e-mail address. 1042
(2) After the withdrawal of the foreign limited liability 1043
company is effective, service of process on the Secretary of 1044
State under the procedures set forth in s. 48.161 this section 1045
is service on the foreign limited liability company. Upon 1046
receipt of the process, the department shall mail a copy of the 1047
process to the foreign limited liability company at the mailing 1048
address set forth unde r paragraph (1)(f). 1049
Section 20. Paragraph (f) of subsection (2) of section 1050
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605.1045, Florida Statutes, is amended to read: 1051
605.1045 Articles of conversion. — 1052
(2) The articles of conversion must contain the following: 1053
(f) If the converted entity is a foreign entity that does 1054
not have a certificate of authority to transact business in this 1055
state, a mailing address and an e-mail address to which a party 1056
seeking to effectuate service of process the department may send 1057
any process served on the Secretary of State department pursuant 1058
to s. 605.0117 and chapter 48. 1059
Section 21. Section 607.0504, Florida Statutes, is amended 1060
to read: 1061
607.0504 Serving Service of process, giving notice, or 1062
making a demand on a corporation. — 1063
(1) A corporation may be served with process required or 1064
authorized by law in accordance with s. 48.081 and chapter 48 or 1065
in accordance with chapter 49 by serving on its registered 1066
agent. 1067
(2) If a corporation ceases to have a registered agent or 1068
if its registered agent cannot with reasonable diligence be 1069
served, the process required or permitted by law may instead be 1070
served on the chair of the board, the president, any vice 1071
president, the secretary, or the treasurer of the corporation at 1072
the principal office of the corporation in this state. 1073
(3) If the process cannot be served on a corporation 1074
pursuant to subsection (1) or subsection (2), the process may be 1075
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served on the secretary of state as an agent of the corporation. 1076
(4) Service of process on th e secretary of state shall be 1077
made by delivering to and leaving with the department duplicate 1078
copies of the process. 1079
(5) Service is effectuated under subsection (3) on the 1080
date shown as received by the department. 1081
(6) The department shall keep a record of each process 1082
served on the secretary of state pursuant to this subsection and 1083
record the time of and the action taken regarding the service. 1084
(2)(7) Any notice or demand on a corporation under this 1085
chapter may be given or made to the chair of the boar d, the 1086
president, any vice president, the secretary, or the treasurer 1087
of the corporation; to the registered agent of the corporation 1088
at the registered office of the corporation in this state; or to 1089
any other address in this state that is in fact the princi pal 1090
office of the corporation in this state. 1091
(3)(8) This section does not affect the right to serve 1092
process, give notice, or make a demand in any other manner 1093
provided by law. 1094
Section 22. Subsection (1) of section 607.1423, Florida 1095
Statutes, is amended to read: 1096
607.1423 Judicial review of denial of reinstatement. — 1097
(1) If the department denies a corporation's application 1098
for reinstatement after administrative dissolution, the 1099
department shall serve the corporation under s. 607.0504(1) 1100
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either s. 607.0504(1) or (2) with a written notice that explains 1101
the reason or reasons for denial. 1102
Section 23. Section 607.15101, Florida Statutes, is 1103
amended to read: 1104
607.15101 Serving Service of process, giving notice, or 1105
making a demand on a foreign corporatio n.— 1106
(1) A foreign corporation may be served with process 1107
required or authorized by law in accordance with s. 48.081 and 1108
chapter 48 or in accordance with chapter 49 by serving on its 1109
registered agent. 1110
(2) If a foreign corporation ceases to have a regist ered 1111
agent or if its registered agent cannot with reasonable 1112
diligence be served, the process required or permitted by law 1113
may instead be served on the chair of the board, the president, 1114
any vice president, the secretary, or the treasurer of the 1115
foreign corporation at the principal office of the foreign 1116
corporation in this state. 1117
(3) If the process cannot be served on a foreign 1118
corporation pursuant to subsection (1) or subsection (2), the 1119
process may be served on the secretary of state as an agent of 1120
the foreign corporation. 1121
(4) Service of process on the secretary of state may be 1122
made by delivering to and leaving with the department duplicate 1123
copies of the process. 1124
(5) Service is effectuated under subsection (3) on the 1125
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date shown as received by the dep artment. 1126
(6) The department shall keep a record of each process 1127
served on the secretary of state pursuant to this section and 1128
record the time of and the action taken regarding the service . 1129
(2)(7) Any notice or demand on a foreign corporation under 1130
this chapter may be given or made: to the chair of the board, 1131
the president, any vice president, the secretary, or the 1132
treasurer of the foreign corporation; to the registered agent of 1133
the foreign corporation at the registered office of the foreign 1134
corporation in this state; or to any other address in this state 1135
that is in fact the principal office of the foreign corporation 1136
in this state. 1137
(3)(8) This section does not affect the right to serve 1138
process, give notice, or make a demand in any other manner 1139
provided by law. 1140
Section 24. Paragraphs (e) and (f) of subsection (1) and 1141
subsection (2) of section 607.1520, Florida Statutes, are 1142
amended to read: 1143
607.1520 Withdrawal and cancellation of certificate of 1144
authority for foreign corporation. — 1145
(1) To cancel its certificate of authority to transact 1146
business in this state, a foreign corporation must deliver to 1147
the department for filing a notice of withdrawal of certificate 1148
of authority. The certificate of authority is canceled when the 1149
notice of withdrawal becomes effective pursuant to s. 607.0123. 1150
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The notice of withdrawal of certificate of authority must be 1151
signed by an officer or director and state the following: 1152
(e) That the foreign corporation revokes the authority of 1153
its registered agent to accept service on its behalf and 1154
appoints the Secretary of State as its agent for service of 1155
process based on a cause of action arising during the time it 1156
was authorized to transact business in this state. 1157
(f) A mailing address and an e-mail address to which a 1158
party seeking to effectuate service of process the secretary of 1159
state may send mail a copy of any process served on the 1160
Secretary of State under paragraph (e). 1161
(2) After the withdrawal of the foreign corporation is 1162
effective, service of process o n the Secretary of State under 1163
the procedures in s. 48.161 this section is service on the 1164
foreign corporation. Upon receipt of the process, the secretary 1165
of state shall mail a copy of the process to the foreign 1166
corporation at the mailing address set forth under paragraph 1167
(1)(f). 1168
Section 25. Subsections (1) and (3) of section 617.0504, 1169
Florida Statutes, are amended to read: 1170
617.0504 Serving Service of process, giving notice, or 1171
making a demand on a corporation. — 1172
(1) Process against any corporation ma y be served in 1173
accordance with s. 48.081 and chapter 48 or in accordance with 1174
chapter 49. 1175
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(3) This section does not prescribe the only means, or 1176
necessarily the required means, of serving process, giving 1177
notice, or making a demand on a corporation. 1178
Section 26. Section 617.1510, Florida Statutes, is amended 1179
to read: 1180
617.1510 Serving Service of process, giving notice, or 1181
making a demand on a foreign corporation. — 1182
(1) Process against a foreign corporation may be served in 1183
accordance with s. 48.081 and chapter 48 or in accordance with 1184
chapter 49 The registered agent of a foreign corporation 1185
authorized to conduct its affairs in this state is the 1186
corporation's agent for service of process, notice, or demand 1187
required or permitted by law to be served on the foreign 1188
corporation. 1189
(2) A foreign corporation may be served by registered or 1190
certified mail, return receipt requested, addressed to the 1191
secretary of the foreign corporation at its principal office 1192
shown in its application for a certificate of author ity or in 1193
its most recent annual report if the foreign corporation: 1194
(a) Has no registered agent or its registered agent cannot 1195
with reasonable diligence be served; 1196
(b) Has withdrawn from conducting its affairs in this 1197
state under s. 617.1520; or 1198
(c) Has had its certificate of authority revoked under s. 1199
617.1531. 1200
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(3) Service is perfected under subsection (2) at the 1201
earliest of: 1202
(a) The date the foreign corporation receives the mail; 1203
(b) The date shown on the return receipt, if signed on 1204
behalf of the foreign corporation; or 1205
(c) Five days after its deposit in the United States mail, 1206
as evidenced by the postmark, if mailed postpaid and correctly 1207
addressed. 1208
(4) This section does not prescribe the only means, or 1209
necessarily the required means, of serving a foreign 1210
corporation. Process against any foreign corporation may also be 1211
served in accordance with chapter 48 or chapter 49. 1212
(2)(5) Any notice to or demand on a foreign corporation 1213
made pursuant to this act may be made in accordance with the 1214
procedures for notice to or demand on domestic corporations 1215
under s. 617.0504. 1216
Section 27. Paragraphs (c), (d), and (e) of subsection (2) 1217
and subsection (3) of section 617.1520, Florida Statutes, are 1218
amended to read: 1219
617.1520 Withdrawal of foreign corp oration.— 1220
(2) A foreign corporation authorized to conduct its 1221
affairs in this state may apply for a certificate of withdrawal 1222
by delivering an application to the Department of State for 1223
filing. The application shall be made on forms prescribed and 1224
furnished by the Department of State and shall set forth: 1225
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(c) That it revokes the authority of its registered agent 1226
to accept service on its behalf and appoints the Secretary of 1227
State Department of State as its agent for service of process 1228
based on a cause of action arising during the time it was 1229
authorized to conduct its affairs in this state; 1230
(d) A mailing address and an e-mail address to which a 1231
party seeking to effectuate service of process the Department of 1232
State may send mail a copy of any process serve d on it under 1233
paragraph (c); and 1234
(e) A commitment to notify the Department of State in the 1235
future of any change in its mailing address or e-mail address. 1236
(3) After the withdrawal of the corporation is effective, 1237
service of process in accordance with s. 48.161 on the 1238
Department of State under this section is service on the foreign 1239
corporation. Upon receipt of the process, the Department of 1240
State shall mail a copy of the process to the foreign 1241
corporation at the mailing address set forth under subsection 1242
(2). 1243
Section 28. Section 620.1117, Florida Statutes, is amended 1244
to read: 1245
620.1117 Serving Service of process, giving notice, or 1246
making a demand on a limited partnership or a foreign limited 1247
partnership.— 1248
(1) Service of process on a limited partnership or foreign 1249
limited partnership shall be made in accordance with s. 48.061 1250
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and chapter 48 or in accordance with chapter 49 A registered 1251
agent appointed by a limited partnership or foreign limited 1252
partnership is an agent of the limited partnership or foreign 1253
limited partnership for service of any process, notice, or 1254
demand required or permitted by law to be served upon the 1255
limited partnership or foreign limited partnership . 1256
(2) Any notice or demand on a limited pa rtnership or 1257
foreign limited partnership under this chapter may be given or 1258
made to any general partner of the limited partnership or 1259
foreign limited partnership, to the registered agent of the 1260
limited partnership or foreign limited partnership at the 1261
registered office in this state, or to any other address in this 1262
state that is in fact the principal office of the limited 1263
partnership or foreign limited partnership in this state If a 1264
limited partnership or foreign limited partnership does not 1265
appoint or maintain a registered agent in this state or the 1266
registered agent cannot with reasonable diligence be found at 1267
the address of the registered office, the Department of State 1268
shall be an agent of the limited partnership or foreign limited 1269
partnership upon whom p rocess, notice, or demand may be served . 1270
(3) Service of any process, notice, or demand on the 1271
Department of State may be made by delivering to and leaving 1272
with the Department of State duplicate copies of the process, 1273
notice, or demand. 1274
(4) Service is effected under subsection (3) upon the date 1275
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shown as having been received by the Department of State. 1276
(5) The Department of State shall keep a record of each 1277
process, notice, and demand served pursuant to this section and 1278
record the time of, and the actio n taken regarding, the service. 1279
(3)(6) This section does not affect the right to serve 1280
process, give notice, or make a demand in any other manner 1281
provided by law. 1282
Section 29. Subsection (5) of section 620.1907, Florida 1283
Statutes, is amended to read: 1284
620.1907 Cancellation of certificate of authority; effect 1285
of failure to have certificate. — 1286
(5) If a foreign limited partnership transacts business in 1287
this state without a certificate of authority or cancels its 1288
certificate of authority, it may be served under s. 48.061(5)(b) 1289
the foreign limited partnership shall appoint the Department of 1290
State as its agent for service of process for rights of action 1291
arising out of the transaction of business in this state . 1292
Section 30. Subsections (3) and (4) of secti on 620.2105, 1293
Florida Statutes, are amended to read: 1294
620.2105 Effect of conversion. — 1295
(3) A converted organization that is a foreign 1296
organization consents to the jurisdiction of the courts of this 1297
state to enforce any obligation owed by the converting li mited 1298
partnership, if before the conversion the converting limited 1299
partnership was subject to suit in this state on the obligation. 1300
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A converted organization that is a foreign organization and not 1301
authorized to transact business in this state appoints the 1302
Secretary of State Department of State as its agent for service 1303
of process for purposes of enforcing an obligation under this 1304
subsection and any appraisal rights of limited partners under 1305
ss. 620.2113-620.2124 to the extent applicable to the 1306
conversion. Service on the Secretary of State Department of 1307
State under this subsection is made in the same manner and with 1308
the same consequences as in ss. 620.1117 and 48.161 s. 1309
620.1117(3) and (4). 1310
(4) A copy of the statement of conversion, certified by 1311
the Secretary of State Department of State, may be filed in any 1312
county of this state in which the converting organization holds 1313
an interest in real property. 1314
Section 31. Subsection (2) of section 620.2109, Florida 1315
Statutes, is amended to read: 1316
620.2109 Effect of merger.— 1317
(2) A surviving organization that is a foreign 1318
organization consents to the jurisdiction of the courts of this 1319
state to enforce any obligation owed by a constituent 1320
organization, if before the merger the constituent organization 1321
was subject to suit in this state on the obligation. A surviving 1322
organization that is a foreign organization and not authorized 1323
to transact business in this state shall appoint the Secretary 1324
of State Department of State as its agent for service of process 1325
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for the purposes of enforcing an obligation under this 1326
subsection and any appraisal rights of limited partners under 1327
ss. 620.2113-620.2124 to the extent applicable to the merger. 1328
Service on the Secretary of State Department of State under this 1329
subsection is made in the sa me manner and with the same 1330
consequences as in ss. 620.1117 and 48.161 s. 620.1117(3) and 1331
(4). 1332
Section 32. Subsections (3) and (4) of section 620.8915, 1333
Florida Statutes, are amended to read: 1334
620.8915 Effect of conversion. — 1335
(3) A converted organizat ion that is a foreign 1336
organization consents to the jurisdiction of the courts of this 1337
state to enforce any obligation owed by the converting 1338
partnership, if before the conversion the converting partnership 1339
was subject to suit in this state on the obligatio n. A converted 1340
organization that is a foreign organization and not authorized 1341
to transact business in this state shall appoint the Secretary 1342
of State Department of State as its agent for service of process 1343
for purposes of enforcing an obligation under this subsection. 1344
Service on the Secretary of State Department of State under this 1345
subsection shall be made in the same manner and with the same 1346
consequences as provided in s. 48.161 s. 48.181. 1347
(4) A copy of the certificate of conversion, certified by 1348
the Secretary of State Department of State, may be filed in any 1349
county of this state in which the converting organization holds 1350
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an interest in real property. 1351
Section 33. Subsection (2) of section 620.8919, Florida 1352
Statutes, is amended to read: 1353
620.8919 Effect of merger.— 1354
(2) A surviving organization that is a foreign 1355
organization consents to the jurisdiction of the courts of this 1356
state to enforce any obligation owed by a constituent 1357
organization, if before the merger the constituent organization 1358
was subject to suit in this state on the obligation. A surviving 1359
organization that is a foreign organization and not authorized 1360
to transact business in this state shall appoint the Secretary 1361
of State Department of State as its agent for service of process 1362
pursuant to s. 48.161 the provisions of s. 48.181 . 1363
Section 34. Except as otherwise expressly provided in this 1364
act and except for this section, which shall take effect upon 1365
this act becoming a law, this act shall take effect January 2, 1366
2023. 1367