CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 1 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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.; defining the term 8
"registered foreign limited liability company"; 9
revising procedures for service on a domestic limited 10
liability company or registered foreign limited 11
liability company; a mending s. 48.071, F.S.; providing 12
for service on nonresidents doing business in this 13
state by use of a commercial firm regularly engaged in 14
the business of document or package delivery; amending 15
s. 48.081, F.S.; defining the term "registered foreign 16
corporation"; revising requirements for service on a 17
domestic corporation or registered foreign 18
corporation; amending s. 48.091, F.S.; defining terms; 19
requiring designation of registered agents and 20
registered offices by certain partnerships, 21
corporations, and companies; specifying duties of a 22
registered agent; authorizing a person serving process 23
to serve certain persons under specified conditions; 24
amending s. 48.101, F.S.; providing for service on 25
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 2 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
dissolved corporations, dissolved limited liability 26
companies, dissolved limited partnerships, and 27
dissolved limited liability partnerships; creating s. 28
48.102, F.S.; authorizing service by other means in 29
certain circumstances; amending s. 48.151, F.S.; 30
revising the applicability of provisions relating to 31
service on statutory agents for certain persons; 32
amending s. 48.161, F.S.; revising provisions relating 33
to substituted service; providing for substituted 34
service on individuals or corporations or other 35
business entities; specifying actions that may be 36
considered due diligence in effectuating service; 37
specifying when service is considered effectuated; 38
requiring the department to maintain certain records; 39
amending s. 48.181, F.S.; defining the term "foreign 40
business entity"; revising provisions relating to 41
substituted service; providing for substituted service 42
on certain nonresidents and foreign business entities 43
and on individuals and foreign business entities 44
concealing their whereabouts; creating s. 48.184, 45
F.S.; providing for service of process for removal of 46
unknown parties in possession of real property; 47
amending s. 48.194, F.S.; revising provisions relating 48
to service outside this state but within the United 49
States; deleting provisions relating to service 50
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 3 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
outside the United States; amending s. 49.011, F.S.; 51
providing for constructive service on the legal mother 52
in certain situations; creating s. 48.197, F.S.; 53
providing for service in a foreign country; amending 54
s. 766.106, F.S.; revising requirements for service of 55
presuit notice before filing a medical negligence 56
complaint; creating a rebuttable presumption that 57
service was received by a prospective defendant in 58
certain circumstances; providing court duties if 59
service is challenged during subsequent litigation; 60
revising provisions concerning tolling of the statute 61
of limitations upon service of presuit notice by 62
specified means; amending ss. 495.145, 605.0117, 63
605.09091, 605.0910, 605.1045, 607.0504, 607.1423, 64
607.15101, 607.1520, 617.0504, 617.1510, 617.1520, 65
620.1117, 620.1907, 620.2105, 620.2109, 620.8915, and 66
620.8919, F.S.; conforming cross -references and 67
provisions to changes made by the act; providing 68
effective dates. 69
70
Be It Enacted by the Legislature of the State of Florida: 71
72
Section 1. Subsection (3) of section 15.16, Florida 73
Statutes, is amended to rea d: 74
15.16 Reproduction of records; admissibility in evidence; 75
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 4 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
electronic receipt and transmission of records; certification; 76
acknowledgment.— 77
(3) The Department of State may cause to be received 78
electronically any records that are required or authorized to be 79
filed with it pursuant to chapter 48, chapter 55, chapter 117, 80
chapter 118, chapter 495, chapter 605, chapter 606, chapter 607, 81
chapter 610, chapter 617, chapter 620, chapter 621, chapter 679, 82
chapter 713, or chapter 865, through facsimile or other 83
electronic transfers, for the purpose of filing such records. 84
The originals of all such electronically transmitted records 85
must be executed in the manner provided in paragraph (5)(b). The 86
receipt of such electronic transfer constitutes delivery to the 87
department as required by law. The department may use electronic 88
transmissions for purposes of notice in the administration of 89
chapters 48, 55, 117, 118, 495, 605, 606, 607, 610, 617, 620, 90
621, 679, and 713 and s. 865.09. The Department of State may 91
collect e-mail addresses for purposes of notice and 92
communication in the performance of its duties and may require 93
filers and registrants to furnish such e -mail addresses when 94
presenting documents for filing. 95
Section 2. Section 48.061, Florida Statutes, is amend ed to 96
read: 97
48.061 Service on partnerships , limited liability 98
partnerships, and limited partnerships. — 99
(1)(a) Process against a partnership that is not a limited 100
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 5 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
liability partnership or a limited partnership, including a 101
limited liability limited part nership, must shall be served on 102
any partner and is as valid for service on the partnership as if 103
served on each individual partner. 104
1. If a partner is not available during regular business 105
hours to accept service on behalf of the partnership, he or she 106
may designate an employee or agent to accept such service. 107
2. After one attempt to serve a partner or designated 108
employee or agent for service of process has been made, process 109
may be served on a person in charge of the partnership during 110
regular business hours. 111
(b) If the partnership designated an agent when 112
registering as a general partnership with the Department of 113
State, service on the agent is as valid for service on the 114
partnership as if served on each individual partner; however, 115
unless individual partners are served, the plaintiff may only 116
proceed to judgment and execution against the assets of the 117
partnership. 118
(2)(a) Process against a domestic limited liability 119
partnership must first be served on the then -current registered 120
agent for service of process specified in its statement of 121
qualification, in its statement of qualification as amended or 122
restated, or as redesignated in its annual report or change of 123
agent filing and is as valid for service on the limited 124
liability partnership as if served on each individual partner. 125
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 6 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
If service cannot be made on the registered agent because the 126
domestic limited liability partnership ceases to have a 127
registered agent, or if the registered agent cannot otherwise be 128
served after one good faith attempt because of a failure to 129
comply with this chapter or chapter 620, the process may be 130
served on any partner. 131
1. If a partner is not available during regular business 132
hours to accept service on behalf of the partnership, he or she 133
may designate an employee to accep t such service. 134
2. After one attempt to serve a partner or designated 135
employee has been made, process may be served on a person in 136
charge of the partnership during regular business hours. 137
(b) If, after due diligence, the process cannot be 138
completed under paragraph (a), the process may be served as 139
provided in s. 48.161 on the Secretary of State as an agent of 140
the domestic limited liability partnership or by order of the 141
court under s. 48.102. 142
(3)(a)1. Process against a domestic limited partnership, 143
including a domestic limited liability limited partnership, must 144
first be served on the then -current agent for service of process 145
specified in its certificate of limited partnership, in its 146
certificate as amended or restated, or as redesignated in its 147
annual report or change of agent filing and is as valid for 148
service on the domestic limited partnership as if served on each 149
individual general partner of the partnership. 150
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 7 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. If service cannot be made on the registered agent 151
because the domestic limited par tnership or domestic limited 152
liability limited partnership ceases to have a registered agent, 153
or if the registered agent cannot otherwise be served following 154
one good faith attempt because of a failure to comply with this 155
chapter or chapter 620, the proces s may be served on any general 156
partner. 157
3. After service on a general partner or the registered 158
agent, the plaintiff may proceed to judgment and execution 159
against the assets of the domestic limited partnership or of 160
that general partner, unless the domes tic limited partnership is 161
a limited liability limited partnership. 162
(b) If, after due diligence, the process cannot be 163
completed under paragraph (a), then process may be served as 164
provided in s. 48.161 on the Secretary of State as an agent of 165
the limited partnership or by order of the court under s. 166
48.102. 167
(4)(a) Process against a foreign limited liability 168
partnership that was required to comply with s. 620.9102 may be 169
served as prescribed under subsection (2). 170
(b) A foreign limited liability partner ship engaging in 171
business in this state but not registered is considered, for 172
purposes of service of process, a nonresident engaging in 173
business in this state and may be served pursuant to s. 48.181 174
or by order of the court under s. 48.102. 175
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 8 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(5)(a) Process against a foreign limited partnership that 176
was required to comply with s. 620.1902 may be served as 177
prescribed under subsection (3). 178
(b) A foreign limited partnership engaging in business in 179
this state but not registered is considered, for purposes of 180
service of process, a nonresident engaging in business in this 181
state and may be served pursuant to s. 48.181 or by order of the 182
court under s. 48.102 After one attempt to serve a partner or 183
designated employee has been made, process may be served on the 184
person in charge of the partnership during regular business 185
hours. After service on any partner, plaintiff may proceed to 186
judgment and execution against that partner and the assets of 187
the partnership. After service on a designated employee or other 188
person in charge, plaintiff may proceed to judgment and 189
execution against the partnership assets but not against the 190
individual assets of any partner . 191
(2) Process against a domestic limited partnership may be 192
served on any general partner or on the agent for serv ice of 193
process specified in its certificate of limited partnership or 194
in its certificate as amended or restated and is as valid as if 195
served on each individual member of the partnership. After 196
service on a general partner or the agent, the plaintiff may 197
proceed to judgment and execution against the limited 198
partnership and all of the general partners individually. If a 199
general partner cannot be found in this state and service cannot 200
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 9 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
be made on an agent because of failure to maintain such an agent 201
or because the agent cannot be found or served with the exercise 202
of reasonable diligence, service of process may be effected by 203
service upon the Secretary of State as agent of the limited 204
partnership as provided for in s. 48.181. Service of process may 205
be made under ss. 48.071 and 48.21 on limited partnerships. 206
(3) Process against a foreign limited partnership may be 207
served on any general partner found in the state or on any agent 208
for service of process specified in its application for 209
registration and is as valid a s if served on each individual 210
member of the partnership. If a general partner cannot be found 211
in this state and an agent for service of process has not been 212
appointed or, if appointed, the agent's authority has been 213
revoked or the agent cannot be found or served with the exercise 214
of reasonable diligence, service of process may be effected by 215
service upon the Secretary of State as agent of the limited 216
partnership as provided for in s. 48.181, or process may be 217
served as provided in ss. 48.071 and 48.21. 218
Section 3. Section 48.062, Florida Statutes, is amended to 219
read: 220
48.062 Service on a domestic limited liability company or 221
registered foreign limited liability company .— 222
(1) As used in this section, the term "registered foreign 223
limited liability compa ny" means a foreign limited liability 224
company that has an active certificate of authority to transact 225
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 10 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
business in this state pursuant to a record filed with the 226
Department of State. 227
(2) Process against A domestic limited liability company , 228
domestic or registered foreign limited liability company , may be 229
served with process required or authorized by law by service on 230
its the registered agent designated by the domestic limited 231
liability company or registered foreign limited liability 232
company under chapter 605. A person attempting to serve process 233
pursuant to this subsection may serve the process on any 234
employee of the registered agent during the first attempt at 235
service even if the registered agent is a natural person and is 236
temporarily absent from his or her office. 237
(3)(2) If service cannot be made on a registered agent of 238
the domestic limited liability company or registered foreign 239
limited liability company because the domestic limited liability 240
company or registered foreign limited liabil ity company ceases 241
to have a registered agent, or if the registered agent of the 242
domestic limited liability company or registered foreign limited 243
liability company cannot otherwise be served after one good 244
faith attempt because of a failure to comply with this chapter 245
or chapter 605 or because the limited liability company does not 246
have a registered agent, or if its registered agent cannot with 247
reasonable diligence be served, process against the limited 248
liability company, domestic or foreign , the process may be 249
served on any of the following : 250
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 11 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) Any manager of a manager -managed domestic limited 251
liability company or registered foreign limited liability 252
company. On a member of a member -managed limited liability 253
company; 254
(b) Any member of a member -managed domestic limited 255
liability company or registered foreign limited liability 256
company. On a manager of a manager -managed limited liability 257
company; or 258
(c) Any person listed publicly by the domestic limited 259
liability company or registered foreign limited lia bility 260
company on its latest annual report, as most recently amended If 261
a member or manager is not available during regular business 262
hours to accept service on behalf of the limited liability 263
company, he, she, or it may designate an employee of the limited 264
liability company to accept such service. After one attempt to 265
serve a member, manager, or designated employee has been made, 266
process may be served on the person in charge of the limited 267
liability company during regular business hours . 268
(4)(3) If, after due reasonable diligence, the service of 269
process cannot be completed under subsection (2) and if either: 270
(a) The only person listed publicly by the domestic 271
limited liability company or registered foreign limited 272
liability company on its latest annual re port, as most recently 273
amended, is also the registered agent on whom service was 274
attempted under subsection (2); or 275
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 12 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) After due diligence, service was attempted on at least 276
one person listed publicly by the domestic limited liability 277
company or registered foreign limited liability company on its 278
latest annual report, as most recently amended, and cannot be 279
completed on such person under subsection (3) (1) or subsection 280
(2), 281
282
the service of process may be served as provided in s. 48.161 on 283
effected by service upon the Secretary of State as an agent of 284
the domestic limited liability company or the registered foreign 285
limited liability company or by order of the court under s. 286
48.102 as provided for in s. 48.181 . 287
(5)(4) If the address for the registered agent or any 288
person listed publicly by the domestic limited liability company 289
or registered foreign limited liability company on its latest 290
annual report, as most recently amended , has an address that 291
member, or manager is a residence, a private mailbox, a v irtual 292
office, or an executive office or mini suite, service on the 293
domestic limited liability company or registered foreign limited 294
liability company may be made by serving any of the following: 295
(a) The registered agent of the domestic limited liability 296
company or registered foreign limited liability company, in 297
accordance with s. 48.031. 298
(b) Any person listed publicly by the domestic limited 299
liability company or registered foreign limited liability 300
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 13 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
company on its latest annual report, as most recently amended, 301
in accordance with s. 48.031. 302
(c) Any, member, or manager of the domestic limited 303
liability company or registered foreign limited liability 304
company, in accordance with s. 48.031. 305
(6) A foreign limited liability company engaging in 306
business in this state which is not registered is considered, 307
for purposes of service of process, a nonresident engaging in 308
business in this state and may be served pursuant to s. 48.181 309
or by order of the court under s. 48.102. 310
(7)(5) This section does not apply to service of process 311
on insurance companies. 312
Section 4. Section 48.071, Florida Statutes, is amended to 313
read: 314
48.071 Service on agents of nonresidents doing business in 315
the state.—When any natural person or partnership not residing 316
or having a principal place of business in this state engages in 317
business in this state, process may be served on the person who 318
is in charge of any business in which the defendant is engaged 319
within this state at the time of service, including agents 320
soliciting orders for goods, wares, merchandise , or services. 321
Any process so served is as valid as if served personally on the 322
nonresident person or partnership engaging in business in this 323
state in any action against the person or partnership aris ing 324
out of such business. A copy of such process with a notice of 325
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 14 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
service on the person in charge of such business must shall be 326
sent forthwith to the nonresident person or partnership by 327
registered mail; by or certified mail, return receipt requested ; 328
or by use of a commercial firm regularly engaged in the business 329
of document or package delivery. The party seeking to effectuate 330
service, or the attorney for such party, shall prepare . an 331
affidavit of compliance with this section which must shall be 332
filed before the return day or within such further time as the 333
court may allow. 334
Section 5. Section 48.081, Florida Statutes, is amended to 335
read: 336
48.081 Service on a domestic corporation or registered 337
foreign corporation.— 338
(1) As used in this section, the t erm "registered foreign 339
corporation" means a foreign corporation that has an active 340
certificate of authority to transact business in this state 341
pursuant to a record filed with the Department of State. 342
(2) A domestic corporation or a registered foreign 343
corporation may be served with process required or authorized by 344
law by service on its registered agent designated by the 345
corporation under chapter 607 or chapter 617, as applicable. 346
(3) If service cannot be made on a registered agent of the 347
domestic corporation or registered foreign corporation because 348
the domestic corporation or registered foreign corporation 349
ceases to have a registered agent, or if the registered agent of 350
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 15 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the domestic corporation or registered foreign corporation 351
cannot otherwise be serv ed after one good faith attempt because 352
of a failure to comply with this chapter, chapter 607, or 353
chapter 617, as applicable, the process may be served on either 354
of the following Process against any private corporation, 355
domestic or foreign, may be served : 356
(a) The chair of the board of directors, On the president, 357
any or vice president, the secretary, or the treasurer or other 358
head of the domestic corporation or registered foreign 359
corporation.; 360
(b) Any person listed publicly by the domestic corporation 361
or registered foreign corporation on its latest annual report, 362
as most recently amended In the absence of any person described 363
in paragraph (a), on the cashier, treasurer, secretary, or 364
general manager; 365
(c) In the absence of any person described in paragr aph 366
(a) or paragraph (b), on any director; or 367
(d) In the absence of any person described in paragraph 368
(a), paragraph (b), or paragraph (c), on any officer or business 369
agent residing in the state . 370
(4) If, after due diligence, the process cannot be 371
completed under subsection (2) and if either: 372
(a) The only person listed publicly by the domestic 373
corporation or registered foreign corporation on its latest 374
annual report, as most recently amended, is also the registered 375
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 16 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
agent on whom service was attempted u nder subsection (2); or 376
(b) After due diligence, service was attempted on at least 377
one person listed publicly by the domestic corporation or 378
registered foreign corporation on its latest annual report, as 379
most recently amended, and cannot be completed on such person 380
under subsection (3), 381
382
the process may be served as provided in s. 48.161 on the 383
Secretary of State as an agent of the domestic corporation or 384
registered foreign corporation or by order of the court under s. 385
48.102 386
(2) If a foreign corporatio n has none of the foregoing 387
officers or agents in this state, service may be made on any 388
agent transacting business for it in this state . 389
(3)(a) As an alternative to all of the foregoing, process 390
may be served on the agent designated by the corporation u nder 391
s. 48.091. However, if service cannot be made on a registered 392
agent because of failure to comply with s. 48.091, service of 393
process shall be permitted on any employee at the corporation's 394
principal place of business or on any employee of the registere d 395
agent. A person attempting to serve process pursuant to this 396
paragraph may serve the process on any employee of the 397
registered agent during the first attempt at service even if the 398
registered agent is temporarily absent from his or her office. 399
(5)(b) If the address for the registered agent or any 400
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 17 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
person listed publicly by the domestic corporation or registered 401
foreign corporation on its latest annual report, as most 402
recently amended, has an address that officer, director, or 403
principal place of busine ss is a residence, a private mailbox, a 404
virtual office, or an executive office or mini suite, service on 405
the domestic corporation or registered foreign corporation may 406
be made by serving any of the following: 407
(a) The registered agent of the domestic corp oration or 408
registered foreign corporation , officer, or director in 409
accordance with s. 48.031. 410
(b) Any person listed publicly by the domestic corporation 411
or registered foreign corporation on its latest annual report, 412
as most recently amended, in accordanc e with s. 48.031. 413
(c) Any person serving in one of the positions specified 414
in paragraph (3)(a), in accordance with s. 48.031. 415
(6) A foreign corporation engaging in business in this 416
state which is not registered is considered, for purposes of 417
service of process, a nonresident engaging in business in this 418
state and may be served pursuant to s. 48.181 or by order of the 419
court under s. 48.102. 420
(7)(4) This section does not apply to service of process 421
on insurance companies. 422
(5) When a corporation engages in substantial and not 423
isolated activities within this state, or has a business office 424
within the state and is actually engaged in the transaction of 425
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 18 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
business therefrom, service upon any officer or business agent 426
while on corporate business within this st ate may personally be 427
made, pursuant to this section, and it is not necessary in such 428
case that the action, suit, or proceeding against the 429
corporation shall have arisen out of any transaction or 430
operation connected with or incidental to the business being 431
transacted within the state. 432
Section 6. Section 48.091, Florida Statutes, is amended to 433
read: 434
48.091 Partnerships, corporations, and limited liability 435
companies; designation of registered agent and registered 436
office.— 437
(1) As used in this section, the term: 438
(a) "Registered foreign corporation" and "registered 439
foreign limited liability company" have the same meanings as in 440
ss. 48.081 and 48.062, respectively. 441
(b) "Registered foreign limited liability partnership" or 442
"registered foreign limited partnership" means a foreign limited 443
liability partnership or foreign limited partnership that has an 444
active certificate of authority to transact business in this 445
state pursuant to a record filed with the Department of State. 446
(2) Every domestic limited liability partnership; domestic 447
limited partnership, including limited liability limited 448
partnerships; domestic corporation; domestic limited liability 449
company; registered foreign limited liability partnership; 450
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 19 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
registered foreign limited partnership, includ ing limited 451
liability limited partnerships; registered foreign corporation; 452
and registered foreign limited liability company Florida 453
corporation and every foreign corporation now qualified or 454
hereafter qualifying to transact business in this state shall 455
designate a registered agent and registered office in accordance 456
with chapter 605, part I of chapter 607, chapter 617, or chapter 457
620, as applicable. 458
(3)(2) Every domestic limited liability partnership; 459
domestic limited partnership, including limited liabi lity 460
limited partnerships; domestic corporation; domestic limited 461
liability company; registered foreign limited liability 462
partnership; registered foreign limited partnership, including 463
limited liability limited partnerships; registered foreign 464
corporation; registered foreign limited liability company; and 465
domestic or foreign general partnership that elects to designate 466
a registered agent shall cause the designated registered agent 467
to corporation shall keep the designated registered office open 468
from at least 10 a.m. to 12 noon each day except Saturdays, 469
Sundays, and legal holidays, and shall cause the designated 470
registered agent to keep one or more individuals who are, or are 471
representatives of, the designated registered agents on whom 472
process may be served a t the office during these hours. The 473
corporation shall keep a sign posted in the office in some 474
conspicuous place designating the name of the corporation and 475
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 20 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the name of its registered agent on whom process may be served 476
at the office during these hours . 477
(4) A person attempting to serve process pursuant to this 478
section on a registered agent that is other than a natural 479
person may serve the process on any employee of the registered 480
agent. A person attempting to serve process pursuant to this 481
section on a natural person, if the natural person is 482
temporarily absent from his or her office, may serve the process 483
during the first attempt at service on any employee of such 484
natural person. 485
(5) The registered agent shall promptly forward copies of 486
the process and any other papers received in connection with the 487
service to a responsible person in charge of the business 488
entity. Failure to comply with this subsection does not 489
invalidate the service of process. 490
Section 7. Section 48.101, Florida Statutes, is amend ed to 491
read: 492
48.101 Service on dissolved corporations , dissolved 493
limited liability companies, dissolved limited partnerships, and 494
dissolved limited liability partnerships .— 495
(1) Process against the directors of any corporation that 496
which was dissolved before July 1, 1990, as trustees of the 497
dissolved corporation must shall be served on one or more of the 498
directors of the dissolved corporation as trustees thereof and 499
binds all of the directors of the dissolved corporation as 500
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 21 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
trustees thereof. Process against any other dissolved 501
corporation shall be served in accordance with s. 48.081. 502
(2)(a) Process against any other dissolved domestic 503
corporation must be served in accordance with s. 48.081. 504
(b) In addition, provided that service was first properly 505
attempted on the registered agent pursuant to s. 48.081(2), but 506
was not successful, service may then be attempted as required 507
under s. 48.081(3). In addition to the persons listed in s. 508
48.081(3), service may then be attempted on the person appointed 509
by the circuit court as the trustee, custodian, or receiver 510
under s. 607.1405(6). 511
(c) A party attempting to serve a dissolved domestic for -512
profit corporation under this section may petition the court to 513
appoint one of the persons specified in s. 607.1405(6) to 514
receive service of process on behalf of the corporation. 515
(3)(a) Process against any dissolved domestic limited 516
liability company must be served in accordance with s. 48.062. 517
(b) In addition, provided that service was first properly 518
attempted on the registered agent pursuant to s. 48.062(2), but 519
was not successful, service may then be attempted as required 520
under s. 48.062(3). In addition to the persons listed in s. 521
48.062(3), service on a dissolved domestic limited liability 522
company may be made on the person appointed as the liquidator, 523
trustee, or receiver under s. 605.0709. 524
(c) A party attempting to serve a dissolved domestic 525
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 22 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
limited liability company under this section may petition the 526
court to appoint one of the persons specified in s. 605.0709(5 ) 527
to receive service of process on behalf of the limited liability 528
company. 529
(4) Process against any dissolved domestic limited 530
partnership must be served in accordance with s. 48.061. 531
Section 8. Section 48.102, Florida Statutes, is created to 532
read: 533
48.102 Service by other means. —If, after due diligence, a 534
party seeking to effectuate service is unable to effectuate 535
personal service of process on a domestic or foreign 536
corporation; a domestic or foreign general partnership, 537
including a limited liabilit y partnership; a domestic or foreign 538
limited partnership, including a limited liability limited 539
partnership; or a domestic or foreign limited liability company, 540
the court, upon motion and a showing of such inability, may 541
authorize service in any other mann er that the party seeking to 542
effectuate service shows will be reasonably effective to give 543
the entity on which service is sought to be effectuated actual 544
notice of the suit. Such other manners of service may include 545
service electronically by e -mail or other technology, by any 546
person authorized to serve process in accordance with this 547
chapter, or by an attorney. 548
Section 9. Subsection (2) of section 48.151, Florida 549
Statutes, is amended to read: 550
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 23 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48.151 Service on statutory agents for certain persons. — 551
(2) This section does not apply to substituted service of 552
process under s. 48.161 or s. 48.181 on nonresidents. 553
Section 10. Section 48.161, Florida Statutes, is amended 554
to read: 555
48.161 Method of substituted service on nonresident. — 556
(1) When authorized by law, substituted service of process 557
on a nonresident individual or a corporation or other business 558
entity incorporated or formed under the laws of any other state, 559
territory, or commonwealth, or the laws of any foreign country, 560
may or a person who conceals his or her whereabouts by serving a 561
public officer designated by law shall be made by sending 562
leaving a copy of the process to the office of the Secretary of 563
State by personal delivery; by registered mail; with a fee of 564
$8.75 with the public office r or in his or her office or by 565
mailing the copies by certified mail, return receipt requested; 566
by use of a commercial firm regularly engaged in the business of 567
document or package delivery; or by electronic transmission to 568
the public officer with the fee . The service is sufficient 569
service on a party that defendant who has appointed or is deemed 570
to have appointed the Secretary of State a public officer as 571
such party's his or her agent for the service of process. The 572
Secretary of State shall keep a record of all process served on 573
the Secretary of State showing the day and hour of service. 574
(2) Notice of service and a copy of the process must shall 575
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 24 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
be sent forthwith by the party effectuating service or by such 576
party's attorney by registered mail; by registered or certified 577
mail, return receipt requested; or by use of a commercial firm 578
regularly engaged in the business of document or package 579
delivery. In addition, if the parties have recently and 580
regularly used e-mail or other electronic means to communicate 581
between themselves, the notice of service and a copy of the 582
process must be sent by such electronic means or, if the party 583
is being served by substituted service, the notice of service 584
and a copy of the process must be served at such party's last 585
known physical address and, if applicable, last known electronic 586
address. The party effectuating service shall file proof of 587
service or return receipts showing delivery to the other party 588
by mail or courier and by electronic means, if electronic means 589
were used, unless the party is actively refusing or rejecting 590
the delivery of the notice. An by the plaintiff or his or her 591
attorney to the defendant, and the defendant's return receipt 592
and the affidavit of compliance of the party effectuating 593
service plaintiff or such party's his or her attorney must of 594
compliance shall be filed within 40 days after on or before the 595
date return day of service on the Secretary of State process or 596
within such additional time as the court allows . The affidavit 597
of compliance must set forth the facts that justify substituted 598
service under this section and that show due diligence was 599
exercised in attempting to locate and effectuate personal 600
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 25 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
service on the party before using substituted service under this 601
section. The party effectuating service does not need to allege 602
in its original or amended complaint the facts required to be 603
set forth in the affidavit of compliance. 604
(3) When an individual or a business entity conceals its 605
whereabouts, the party seeking to effectuate service, after 606
exercising due diligence to locate and effectuate personal 607
service, may use substituted service pursuant to subsection (1) 608
in connection with any action in which the court has 609
jurisdiction over such individual or busine ss entity. The party 610
seeking to effectuate service must also comply with subsection 611
(2); however, a return receipt or other proof showing acceptance 612
of receipt of the notice of service and a , or the notice and 613
copy of the shall be served on the defendant, if found within 614
the state, by an officer authorized to serve legal process by 615
the concealed party need not be filed , or if found without the 616
state, by a sheriff or a deputy sheriff of any county of this 617
state or any duly constituted public officer qualifie d to serve 618
like process in the state or jurisdiction where the defendant is 619
found. The officer's return showing service shall be filed on or 620
before the return day of the process or within such time as the 621
court allows. The fee paid by the plaintiff to the public 622
officer shall be taxed as cost if he or she prevails in the 623
action. The public officer shall keep a record of all process 624
served on him or her showing the day and hour of service . 625
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 26 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(4)(a) The party effectuating service is considered to 626
have used due diligence if that party: 627
1. Made diligent inquiry and exerted an honest and 628
conscientious effort appropriate to the circumstances to acquire 629
the information necessary to effectuate personal service; 630
2. In seeking to effectuate personal service, reaso nably 631
employed the knowledge at the party's command, including 632
knowledge obtained pursuant to subparagraph 1.; and 633
3. Made an appropriate number of attempts to serve the 634
party, taking into account the particular circumstances. 635
(b) In making the determination as to whether the party 636
effectuating service of process on any party who is a natural 637
person used due diligence, there is a rebuttable presumption 638
that the serving party exercised due diligence by making three 639
good faith attempts to serve the other party during such times 640
when and such locations where such party is reasonably likely to 641
be found, as determined through resources reasonably available 642
to the party seeking to secure service of process. 643
(5)(2) If any individual person on whom service of process 644
is authorized under subsection (1) dies, service may be made in 645
the same manner on his or her administrator, executor, curator, 646
or personal representative in the same manner. 647
(6)(4) The Secretary of State public officer may designate 648
an individual some other person in his or her office to accept 649
service. 650
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 27 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(7) Service of process is effectuated under this section 651
on the date the service is received by the Department of State. 652
(8) The Department of State shall maintain a record of 653
each process served pursuant to this section and record the time 654
of and the action taken regarding the service. 655
(9)(3) This section does not apply to persons on whom 656
service is authorized under s. 48.151. 657
Section 11. Section 48.181, Florida Statutes, is amend ed 658
to read: 659
48.181 Substituted service on nonresidents and foreign 660
business entities nonresident engaging in business in state or 661
concealing their whereabouts .— 662
(1) As used in this section, the term "foreign business 663
entity" means any corporation or ot her business entity that is 664
incorporated, formed, or existing under the laws of any other 665
state, territory, or commonwealth, or the laws of any foreign 666
country. 667
(2) The acceptance by any individual person or persons, 668
individually or associated together a s a copartnership or any 669
other form or type of association, who is a resident are 670
residents of any other state, territory, or commonwealth, or of 671
any foreign or country, or by any foreign business entity and 672
all foreign corporations, and any person who is a resident of 673
the state and who subsequently becomes a nonresident of the 674
state or conceals his or her whereabouts, of the privilege 675
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 28 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
extended by law to nonresidents and others to operate, conduct, 676
engage in, or carry on a business or business venture in this 677
the state, or to have an office or agency in this the state, is 678
deemed to constitute constitutes an appointment by the 679
individual or persons and foreign business entity corporations 680
of the Secretary of State of this the state as its their agent 681
on whom all process in any action or proceeding against the 682
individual or foreign business entity them, or any combination 683
thereof of them, arising out of any transaction or operation 684
connected with or incidental to the business or business venture 685
may be served as substituted service in accordance with this 686
chapter. The acceptance of the privilege is signification of the 687
agreement of the respective individual or persons and foreign 688
business entity corporations that the process served against it 689
in accordance with this chapter them which is so served is of 690
the same validity as if served personally on the individual 691
persons or foreign business entity corporations. 692
(3)(2) If a foreign business entity corporation has 693
registered to do business a resident agent or offi cer in this 694
the state and has maintained its registration in an active 695
status or otherwise continued to have a registered agent , 696
personal service of process must first shall be attempted served 697
on the foreign business entity in the manner and order of 698
priority described in this chapter as applicable to the foreign 699
business entity. If, after due diligence, the party seeking to 700
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 29 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
effectuate service of process is unable to effectuate service of 701
process on the registered agent or other official as provided in 702
this chapter, the party may use substituted service of process 703
on the Secretary of State resident agent or officer . 704
(4) Any individual or foreign business entity that 705
conceals its whereabouts is deemed to have appointed the 706
Secretary of State as its agent on whom all process may be 707
served in any action or proceeding against it, or any 708
combination thereof, arising out of any transaction or operation 709
connected with or incidental to any business or business venture 710
carried on in this state by such individual or foreign business 711
entity. 712
(5)(3) Any individual or foreign business entity that 713
person, firm, or corporation which sells, consigns, or leases by 714
any means whatsoever tangible or intangible personal p roperty, 715
through brokers, jobbers, wholesalers, or distributors to any 716
individual person, firm, or corporation, or other business 717
entity in this state is conclusively presumed to be both engaged 718
in substantial and not isolated activities within this state and 719
operating, conducting, engaging in, or carrying on a business or 720
business venture in this state. 721
(6) Service pursuant to this section must be effectuated 722
in the manner prescribed by s. 48.161. 723
Section 12. Section 48.184, Florida Statutes, is crea ted 724
to read: 725
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 30 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48.184 Service of process for removal of unknown parties 726
in possession.— 727
(1) This section applies only to actions governed by s. 728
82.03, s. 83.21, s. 83.59, or s. 723.061 and only to the extent 729
that such actions seek relief for the removal of unknown parties 730
in possession of real property. The provisions of this section 731
are cumulative to other provisions of law or rules of court 732
about service of process, and all other such provisions are 733
cumulative to this section. 734
(2) A summons must be is sued in the name of "Unknown Party 735
in Possession" when the name of an occupant of real property is 736
not known to the plaintiff and the property occupied by the 737
unknown party is identified in the complaint and summons. A 738
separate summons must be issued for e ach such unknown occupant. 739
(3) The plaintiff shall attempt to serve the summons on 740
any unknown occupant of the property described in the summons 741
and complaint. If service on the unknown occupant is not 742
effectuated on the first attempt, at least two addit ional 743
attempts must be made. The three attempts to obtain service must 744
be made once during business hours, once during nonbusiness 745
hours, and once during a weekend. The process server shall make 746
an inquiry as to the name of the unknown occupant at the time of 747
service. The return of service must note the name of the 748
occupant if obtained by the process server or state that the 749
name of the occupant could not be obtained after inquiry. If the 750
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 31 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
name of the occupant becomes known to the plaintiff through the 751
return of service or otherwise, without notice or hearing 752
thereon, all subsequent proceedings must be conducted under the 753
true name of such occupant and all prior proceedings are deemed 754
amended accordingly. 755
(4) Service of process must also be made on unknown 756
occupants by both of the following means: 757
(a) By attaching the summons and complaint to a 758
conspicuous location on the premises involved in the 759
proceedings. 760
(b) Upon issuance of the summons, by the plaintiff 761
providing the clerk of the court with one add itional copy of the 762
summons and complaint for each unknown occupant and a prestamped 763
envelope for each unknown occupant addressed to the unknown 764
occupant at the address of the premises involved in the 765
proceedings. The clerk of the court shall immediately m ail a 766
copy of the summons and complaint by first -class mail, note the 767
fact of mailing in the docket, and file a certificate in the 768
court file of the fact and date of mailing. The clerk of the 769
court shall charge such fees for such services as provided by 770
law. 771
(5) Service is effective on the unknown occupant in 772
possession on the later of the date that personal service is 773
made, the date of attaching the summons and complaint to a 774
conspicuous location on the premises, or upon mailing by the 775
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 32 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
clerk. 776
(6) The judgment and writ of possession must refer to any 777
unknown occupant in possession by name if the name is shown on 778
the return of service or is otherwise known to the plaintiff. If 779
the name of any unknown occupant in possession is not shown on 780
the return of service or otherwise known to the plaintiff and 781
service has been effectuated as provided in this section, the 782
judgment and writ of possession must refer to each such person 783
as "Unknown Party in Possession," and the writ of possession 784
must be executed by the sheriff by dispossessing the occupants 785
and placing the plaintiff in possession of the property. 786
Section 13. Subsections (1) and (2) of section 48.194, 787
Florida Statutes, are amended to read: 788
48.194 Personal service in another outside state, 789
territory, or commonwealth of the United States .— 790
(1) Except as otherwise provided herein, service of 791
process on a party in another persons outside of this state, 792
territory, or commonwealth of the United States must shall be 793
made in the same manner as service with in this state by any 794
person authorized to serve process in the state where service 795
shall be made the person is served . No order of court is 796
required. A court may consider the return-of-service form 797
described in s. 48.21, or any other competent evidence, shall be 798
filed with the court stating the time, manner, and place of 799
service. The court may consider such evidence in determining 800
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 33 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
whether service has been properly made. Service of process on 801
persons outside the United States may be required to conform to 802
the provisions of the Hague Convention on the Service Abroad of 803
Judicial and Extrajudicial Documents in Civil or Commercial 804
Matters. 805
(2) When Where in rem or quasi in rem relief is sought in 806
a foreclosure proceeding as defined by s. 702.09, and the 807
address of the person to be served is known, service of process 808
on a person in another state, territory, or commonwealth outside 809
of the United States this state where the address of the person 810
to be served is known may be made by registered mail as follows: 811
(a) The party's attorney or the party, if the party is not 812
represented by an attorney, shall place a copy of the original 813
process and the complaint, petition, or other initial pleading 814
or paper and, if applicable, the order to show cause issued 815
pursuant to s. 702.10 in a sealed envelope with adequate postage 816
addressed to the person to be served. 817
(b) The envelope must shall be placed in the mail as 818
registered mail. 819
(c) Service under this subsection is deemed shall be 820
considered obtained upon the signing of the return receipt by 821
the person allowed to be served by law. 822
Section 14. Subsection (15) of section 49.011, Florida 823
Statutes, is amended to read: 824
49.011 Service of process by publication; cases in which 825
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 34 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
allowed.—Service of process by publication may be made in any 826
court on any party identified in s. 49.021 in any action or 827
proceeding: 828
(15) To determine paternity, but only as to : 829
(a) The legal father in a paternity action in which 830
another man is alleged to be the biol ogical father, in which 831
case it is necessary to serve process on the legal father in 832
order to establish paternity with regard to the alleged 833
biological father; or 834
(b) The legal mother when there is no legal father . 835
Section 15. Section 48.197, Florida Statutes, is created 836
to read: 837
48.197 Service in a foreign country. — 838
(1) Service of process may be effectuated in a foreign 839
country upon a party, other than a minor or an incompetent 840
person, as provided in any of the following: 841
(a) By any internation ally agreed-upon means of service 842
reasonably calculated to give actual notice of the proceedings, 843
such as those authorized by the Hague Convention on the Service 844
Abroad of Judicial and Extrajudicial Documents in Civil or 845
Commercial Matters. 846
(b) If there is no internationally agreed -upon means of 847
service, or if an international agreement allows but does not 848
specify other means, by a method reasonably calculated to give 849
actual notice of the proceedings: 850
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 35 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. As prescribed by the foreign country's law for se rvice 851
in that country in an action in its courts of general 852
jurisdiction; 853
2. As the foreign authority directs in response to a 854
letter rogatory or letter of request; or 855
3. Unless prohibited by the foreign country's law, by: 856
a. If serving an individual , delivering a copy of the 857
summons and of the complaint to the individual personally; or 858
b. Using any form of mail which the clerk addresses and 859
sends to the party and which requires a signed receipt. 860
(c) Pursuant to motion and order by the court, by o ther 861
means, including electronically by e -mail or other technology, 862
which the party seeking service shows is reasonably calculated 863
to give actual notice of the proceedings and is not prohibited 864
by international agreement, as the court orders. 865
(2) Service of process may be effectuated in a foreign 866
country upon a minor or an incompetent person in the manner 867
prescribed by subparagraph (1)(b)1., subparagraph (1)(b)2., or 868
paragraph (1)(c). 869
Section 16. Effective upon this act becoming a law, 870
subsection (2), paragraph (a) of subsection (3), and subsection 871
(4) of section 766.106, Florida Statutes, are amended to read: 872
766.106 Notice before filing action for medical 873
negligence; presuit screening period; offers for admission of 874
liability and for arbitration; i nformal discovery; review. — 875
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 36 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) PRESUIT NOTICE. — 876
(a) After completion of presuit investigation pursuant to 877
s. 766.203(2) and before prior to filing a complaint for medical 878
negligence, a claimant shall notify each prospective defendant 879
of intent to initiate litigation for medical negligence by at 880
least one of the following verifiable means: 881
1. United States Postal Service certified mail, return 882
receipt requested; 883
2. United States Postal Service mail with a tracking 884
number; 885
3. An interstate commerci al mail carrier or delivery 886
service; or 887
4. Any person authorized by law to serve process. 888
(b)1. Proof of service made pursuant to this subsection 889
and delivered to an address on file with the Department of 890
Health, the Secretary of State, or the Agency f or Health Care 891
Administration creates a rebuttable presumption that service was 892
received by the prospective defendant. 893
2. If service is challenged during subsequent litigation, 894
an evidentiary hearing must be held by the court to determine 895
whether the prospective defendant or a person legally related to 896
the prospective defendant was provided notice pursuant to this 897
subsection and, if so, the date of such service. If service is 898
challenged under this subparagraph, it must be challenged in the 899
first response to the complaint, and if: 900
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 37 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a. The court determines that service was properly made at 901
the prospective defendant's address as listed on the state 902
licensing agency website or an address on file with the 903
Secretary of State; and 904
b. The prospective defendant proves by the greater weight 905
of the evidence that neither the prospective defendant nor a 906
person legally related to the pros pective defendant at the time 907
of service knew or should have known of the service, 908
909
the court shall stay the case for a presuit investigation period 910
pursuant to s. 766.106 and the statute of limitations and 911
statute of repose shall be tolled from the time s ervice was 912
properly made at the prospective defendant's address as listed 913
on the state licensing agency website or an address on file with 914
the Secretary of State. The tolling shall end at the conclusion 915
of the presuit investigation period provided for in t his 916
subsection and the stay of litigation shall automatically end at 917
the conclusion of the presuit investigation period by certified 918
mail, return receipt requested, of intent to initiate litigation 919
for medical negligence . 920
(c) Notice to each prospective d efendant must include, if 921
available, a list of all known health care providers seen by the 922
claimant for the injuries complained of subsequent to the 923
alleged act of negligence, all known health care providers 924
during the 2-year period before prior to the alleged act of 925
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 38 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
negligence who treated or evaluated the claimant, copies of all 926
of the medical records relied upon by the expert in signing the 927
affidavit, and the executed authorization form provided in s. 928
766.1065. 929
(d)(b) Following the initiation of a suit alleging medical 930
negligence with a court of competent jurisdiction, and service 931
of the complaint upon a prospective defendant, the claimant 932
shall provide a copy of the complaint to the Department of 933
Health and, if the complaint involves a facility licensed under 934
chapter 395, the Agency for Health Care Administration. The 935
requirement of providing the complaint to the Department of 936
Health or the Agency for Health Care Administration does not 937
impair the claimant's legal rights or ability to seek relief for 938
his or her claim. The Department of Health or the Agency for 939
Health Care Administration shall review each incident that is 940
the subject of the complaint and determine whether it involved 941
conduct by a licensee which is potentially subject to 942
disciplinary action, in which case, for a licensed health care 943
practitioner, the provisions of s. 456.073 applies apply and, 944
for a licensed facility, the provisions of part I of chapter 395 945
applies apply. 946
(3) PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT. — 947
(a) A no suit may not be filed for a period of 90 days 948
after notice is delivered mailed to any prospective defendant. 949
During the 90-day period, the prospective defendant or the 950
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 39 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
prospective defendant's insurer or self -insurer shall conduct a 951
review as provided in s . 766.203(3) to determine the liability 952
of the prospective defendant. Each insurer or self -insurer shall 953
have a procedure for the prompt investigation, review, and 954
evaluation of claims during the 90 -day period. This procedure 955
must shall include one or more of the following: 956
1. Internal review by a duly qualified claims adjuster; 957
2. Creation of a panel comprised of an attorney 958
knowledgeable in the prosecution or defense of medical 959
negligence actions, a health care provider trained in the same 960
or similar medical specialty as the prospective defendant, and a 961
duly qualified claims adjuster; 962
3. A contractual agreement with a state or local 963
professional society of health care providers, which maintains a 964
medical review committee; or 965
4. Any other similar pr ocedure which fairly and promptly 966
evaluates the pending claim. 967
968
Each insurer or self -insurer shall investigate the claim in good 969
faith, and both the claimant and prospective defendant shall 970
cooperate with the insurer in good faith. If the insurer 971
requires, a claimant must shall appear before a pretrial 972
screening panel or before a medical review committee and shall 973
submit to a physical examination, if required. Unreasonable 974
failure of any party to comply with this section justifies 975
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 40 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
dismissal of claims or def enses. There shall be no civil 976
liability for participation in a pretrial screening procedure if 977
done without intentional fraud. 978
(4) SERVICE OF PRESUIT NOTICE AND TOLLING. —The notice of 979
intent to initiate litigation must shall be served within the 980
time limits set forth in s. 95.11. However, upon mailing of the 981
notice of intent to initiate litigation, as provided in 982
subparagraph (2)(a)1., subparagraph (2)(a)2., or subparagraph 983
(2)(a)3., and during the 90-day period provided in subsection 984
(3), the statute of limitations is tolled as to all prospective 985
potential defendants. If the notice of intent to initiate 986
litigation is served by a process server, as provided in 987
subparagraph (2)(a)4., the statute of limitations is tolled upon 988
the process server's first atte mpt to serve the prospective 989
defendant and continues during the 90 -day period as to all 990
prospective defendants. Upon stipulation by the parties, the 90 -991
day period may be extended and the statute of limitations is 992
tolled during any such extension. Upon rece iving notice of 993
termination of negotiations in an extended period, the claimant 994
shall have 60 days or the remainder of the period of the statute 995
of limitations, whichever is greater, within which to file suit. 996
As used in this section, the terms "prospectiv e" and "potential" 997
are interchangeable as synonyms. 998
Section 17. Section 495.145, Florida Statutes, is amended 999
to read: 1000
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 41 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
495.145 Forum for actions regarding registration. —An 1001
action seeking cancellation of a registration of a mark 1002
registered under this chapter may be brought in any court of 1003
competent jurisdiction in this state. Service of process on a 1004
nonresident registrant may be made in accordance with ss. 48.161 1005
and 48.181 s. 48.181. The department may shall not be made a 1006
party to cancellation proceed ings. 1007
Section 18. Section 605.0117, Florida Statutes, is amended 1008
to read: 1009
605.0117 Serving Service of process, giving notice, or 1010
making a demand.— 1011
(1) Process against a limited liability company or 1012
registered foreign limited liability company may b e served in 1013
accordance with s. 48.062 and chapter 48 or chapter 49 with 1014
process required or authorized by law by serving on its 1015
registered agent. 1016
(2) If a limited liability company or registered foreign 1017
limited liability company ceases to have a register ed agent or 1018
if its registered agent cannot with reasonable diligence be 1019
served, the process required or permitted by law may instead be 1020
served: 1021
(a) On a member of a member -managed limited liability 1022
company or registered foreign limited liability company; or 1023
(b) On a manager of a manager -managed limited liability 1024
company or registered foreign limited liability company. 1025
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 42 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) If the process cannot be served on a limited liability 1026
company or registered foreign limited liability company pursuant 1027
to subsection (1) or subsection (2), the process may be served 1028
on the secretary of state as an agent of the company. 1029
(4) Service of process on the secretary of state may be 1030
made by delivering to and leaving with the department duplicate 1031
copies of the process. 1032
(5) Service is effectuated under subsection (3) on the 1033
date shown as received by the department. 1034
(6) The department shall keep a record of each process 1035
served pursuant to this section and record the time of and the 1036
action taken regarding the service. 1037
(2)(7) Any notice or demand on a limited liability company 1038
or registered foreign limited liability company under this 1039
chapter may be given or made to any member of a member -managed 1040
limited liability company or registered foreign limited 1041
liability company or to any manager of a manager -managed limited 1042
liability company or registered foreign limited liability 1043
company; to the registered agent of the limited liability 1044
company or registered foreign limited liability company at the 1045
registered office of the limited li ability company or registered 1046
foreign limited liability company in this state; or to any other 1047
address in this state which that is in fact the principal office 1048
of the limited liability company or registered foreign limited 1049
liability company in this state. 1050
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 43 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) A registered series of a foreign series limited 1051
liability company may be served in the same manner as a 1052
registered limited liability company. 1053
(4)(8) This section does not affect the right to serve 1054
process, give notice, or make a demand in any other manner 1055
provided by law. 1056
Section 19. Subsection (1) of section 605.09091, Florida 1057
Statutes, is amended to read: 1058
605.09091 Judicial review of denial of reinstatement. — 1059
(1) If the department denies a foreign limited liability 1060
company's application fo r reinstatement after revocation of its 1061
certificate of authority, the department must shall serve the 1062
foreign limited liability company, pursuant to s. 605.0117(2) s. 1063
605.0117(7), with a written notice that explains the reason or 1064
reasons for the denial. 1065
Section 20. Paragraphs (f) and (g) of subsection (1) and 1066
subsection (2) of section 605.0910, Florida Statutes, are 1067
amended to read: 1068
605.0910 Withdrawal and cancellation of certificate of 1069
authority.— 1070
(1) To cancel its certificate of authority to trans act 1071
business in this state, a foreign limited liability company must 1072
deliver to the department for filing a notice of withdrawal of 1073
certificate of authority. The certificate of authority is 1074
canceled when the notice becomes effective pursuant to s. 1075
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 44 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
605.0207. The notice of withdrawal of certificate of authority 1076
must be signed by an authorized representative and state the 1077
following: 1078
(f) A mailing address and an e-mail address to which a 1079
party seeking to effectuate service of process the department 1080
may send mail a copy of any process served on the Secretary of 1081
State under paragraph (e). 1082
(g) A commitment to notify the department in the future of 1083
any change in its mailing address or e-mail address. 1084
(2) After the withdrawal of the foreign limited liability 1085
company is effective, service of process on the Secretary of 1086
State using the procedures set forth in s. 48.161 under this 1087
section is service on the foreign limited liability company. 1088
Upon receipt of the process, the department shall mail a copy of 1089
the process to the foreign limited liability company at the 1090
mailing address set forth under paragraph (1)(f). 1091
Section 21. Paragraph (f) of subsection (2) of section 1092
605.1045, Florida Statutes, is amended to read: 1093
605.1045 Articles of conversion. — 1094
(2) The articles of conversion must contain the following: 1095
(f) If the converted entity is a foreign entity that does 1096
not have a certificate of authority to transact business in this 1097
state, a mailing address and an e-mail address to which a party 1098
seeking to effectuate service of process the department may send 1099
any process served on the Secretary of State department pursuant 1100
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 45 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to s. 605.0117 and chapter 48. 1101
Section 22. Section 607.0504, Florida Statutes, is amended 1102
to read: 1103
607.0504 Serving Service of process, giving notice, or 1104
making a demand on a corporation. — 1105
(1) A corporation may be served with process required or 1106
authorized by law in accordance with s. 48.081 and chapter 48 or 1107
chapter 49 by serving on its registered agent . 1108
(2) If a corporation ceases to ha ve a registered agent or 1109
if its registered agent cannot with reasonable diligence be 1110
served, the process required or permitted by law may instead be 1111
served on the chair of the board, the president, any vice 1112
president, the secretary, or the treasurer of the corporation at 1113
the principal office of the corporation in this state. 1114
(3) If the process cannot be served on a corporation 1115
pursuant to subsection (1) or subsection (2), the process may be 1116
served on the secretary of state as an agent of the corporation. 1117
(4) Service of process on the secretary of state shall be 1118
made by delivering to and leaving with the department duplicate 1119
copies of the process. 1120
(5) Service is effectuated under subsection (3) on the 1121
date shown as received by the department. 1122
(6) The department shall keep a record of each process 1123
served on the secretary of state pursuant to this subsection and 1124
record the time of and the action taken regarding the service. 1125
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 46 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2)(7) Any notice or demand on a corporation under this 1126
chapter may be given or made to the chair of the board, the 1127
president, any vice president, the secretary, or the treasurer 1128
of the corporation; to the registered agent of the corporation 1129
at the registered office of the corporation in this state; or to 1130
any other address in this st ate which that is in fact the 1131
principal office of the corporation in this state. 1132
(3)(8) This section does not affect the right to serve 1133
process, give notice, or make a demand in any other manner 1134
provided by law. 1135
Section 23. Subsection (1) of section 607.1423, Florida 1136
Statutes, is amended to read: 1137
607.1423 Judicial review of denial of reinstatement. — 1138
(1) If the department denies a corporation's application 1139
for reinstatement after administrative dissolution, the 1140
department must shall serve the corporation under either s. 1141
607.0504(1) or (2) with a written notice that explains the 1142
reason or reasons for denial. 1143
Section 24. Section 607.15101, Florida Statutes, is 1144
amended to read: 1145
607.15101 Serving Service of process, giving notice, or 1146
making a demand on a foreign corporation. — 1147
(1) A foreign corporation may be served with process 1148
required or authorized by law in accordance with s. 48.081 and 1149
chapter 48 or chapter 49 by serving on its registered agent . 1150
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 47 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) If a foreign corporation ceases to h ave a registered 1151
agent or if its registered agent cannot with reasonable 1152
diligence be served, the process required or permitted by law 1153
may instead be served on the chair of the board, the president, 1154
any vice president, the secretary, or the treasurer of th e 1155
foreign corporation at the principal office of the foreign 1156
corporation in this state. 1157
(3) If the process cannot be served on a foreign 1158
corporation pursuant to subsection (1) or subsection (2), the 1159
process may be served on the secretary of state as an a gent of 1160
the foreign corporation. 1161
(4) Service of process on the secretary of state may be 1162
made by delivering to and leaving with the department duplicate 1163
copies of the process. 1164
(5) Service is effectuated under subsection (3) on the 1165
date shown as receive d by the department. 1166
(6) The department shall keep a record of each process 1167
served on the secretary of state pursuant to this section and 1168
record the time of and the action taken regarding the service. 1169
(2)(7) Any notice or demand on a foreign corporatio n under 1170
this chapter may be given or made : to the chair of the board, 1171
the president, any vice president, the secretary, or the 1172
treasurer of the foreign corporation; to the registered agent of 1173
the foreign corporation at the registered office of the foreign 1174
corporation in this state; or to any other address in this state 1175
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 48 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
which that is in fact the principal office of the foreign 1176
corporation in this state. 1177
(3)(8) This section does not affect the right to serve 1178
process, give notice, or make a demand in any oth er manner 1179
provided by law. 1180
Section 25. Paragraphs (f) and (g) of subsection (1) and 1181
subsection (2) of section 607.1520, Florida Statutes, are 1182
amended to read: 1183
607.1520 Withdrawal and cancellation of certificate of 1184
authority for foreign corporation. — 1185
(1) To cancel its certificate of authority to transact 1186
business in this state, a foreign corporation must deliver to 1187
the department for filing a notice of withdrawal of certificate 1188
of authority. The certificate of authority is canceled when the 1189
notice of withdrawal becomes effective pursuant to s. 607.0123. 1190
The notice of withdrawal of certificate of authority must be 1191
signed by an officer or director and state the following: 1192
(f) A mailing address and an e-mail address to which a 1193
party seeking to effectua te service of process the secretary of 1194
state may send mail a copy of any process served on the 1195
Secretary of State under paragraph (e). 1196
(g) A commitment to notify the department in the future of 1197
any change in its mailing address or e-mail address. 1198
(2) After the withdrawal of the foreign corporation is 1199
effective, service of process on the Secretary of State using 1200
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 49 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the procedures in s. 48.161 under this section is service on the 1201
foreign corporation. Upon receipt of the process, the secretary 1202
of state shall mail a copy of the process to the foreign 1203
corporation at the mailing address set forth under paragraph 1204
(1)(f). 1205
Section 26. Subsections (1) and (3) of section 617.0504, 1206
Florida Statutes, are amended to read: 1207
617.0504 Serving Service of process, giving notice, or 1208
making a demand on a corporation. — 1209
(1) Process against any corporation may be served in 1210
accordance with s. 48.081 and chapter 48 or chapter 49. 1211
(3) This section does not prescribe the only means, or 1212
necessarily the required means, of servin g process, giving 1213
notice, or making a demand on a corporation. 1214
Section 27. Section 617.1510, Florida Statutes, is amended 1215
to read: 1216
617.1510 Serving Service of process, giving notice, or 1217
making a demand on a foreign corporation. — 1218
(1) Process against a foreign corporation may be served in 1219
accordance with s. 48.081 and chapter 48 or chapter 49 The 1220
registered agent of a foreign corporation authorized to conduct 1221
its affairs in this state is the corporation's agent for service 1222
of process, notice, or deman d required or permitted by law to be 1223
served on the foreign corporation . 1224
(2) A foreign corporation may be served by registered or 1225
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 50 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
certified mail, return receipt requested, addressed to the 1226
secretary of the foreign corporation at its principal office 1227
shown in its application for a certificate of authority or in 1228
its most recent annual report if the foreign corporation: 1229
(a) Has no registered agent or its registered agent cannot 1230
with reasonable diligence be served; 1231
(b) Has withdrawn from conducting its aff airs in this 1232
state under s. 617.1520; or 1233
(c) Has had its certificate of authority revoked under s. 1234
617.1531. 1235
(3) Service is perfected under subsection (2) at the 1236
earliest of: 1237
(a) The date the foreign corporation receives the mail; 1238
(b) The date shown on the return receipt, if signed on 1239
behalf of the foreign corporation; or 1240
(c) Five days after its deposit in the United States mail, 1241
as evidenced by the postmark, if mailed postpaid and correctly 1242
addressed. 1243
(4) This section does not prescribe the only means, or 1244
necessarily the required means, of serving a foreign 1245
corporation. Process against any foreign corporation may also be 1246
served in accordance with chapter 48 or chapter 49. 1247
(2)(5) Any notice to or demand on a foreign corporation 1248
made pursuant to this act may be made in accordance with the 1249
procedures for notice to or demand on domestic corporations 1250
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 51 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
under s. 617.0504. 1251
Section 28. Subsections (2) and (3) of section 617.1520, 1252
Florida Statutes, are amended to read: 1253
617.1520 Withdrawal of fore ign corporation.— 1254
(2) A foreign corporation authorized to conduct its 1255
affairs in this state may apply for a certificate of withdrawal 1256
by delivering an application to the Department of State for 1257
filing. The application must shall be made on forms prescrib ed 1258
and furnished by the Department of State and must shall set 1259
forth all of the following : 1260
(a) The name of the foreign corporation and the 1261
jurisdiction under the law under of which it is incorporated .; 1262
(b) That it is not conducting its affairs in this state 1263
and that it surrenders its authority to conduct its affairs in 1264
this state.; 1265
(c) That it revokes the authority of its registered agent 1266
to accept service on its behalf and appoints the Secretary of 1267
State Department of State as its agent for service o f process 1268
based on a cause of action arising during the time it was 1269
authorized to conduct its affairs in this state .; 1270
(d) A mailing address and an e-mail address to which a 1271
party seeking to effectuate service of process the Department of 1272
State may send mail a copy of any process served on it under 1273
paragraph (c).; and 1274
(e) A commitment to notify the Department of State in the 1275
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 52 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
future of any change in its mailing address or e-mail address. 1276
(3) After the withdrawal of the corporation is effective, 1277
service of process in accordance with s. 48.161 on the 1278
Department of State under this section is service on the foreign 1279
corporation. Upon receipt of the process, the Department of 1280
State shall mail a copy of the process to the foreign 1281
corporation at the mailing add ress set forth under subsection 1282
(2). 1283
Section 29. Section 620.1117, Florida Statutes, is amended 1284
to read: 1285
620.1117 Serving Service of process, giving notice, or 1286
making a demand on a limited partnership or a foreign limited 1287
partnership.— 1288
(1) Service of process on a limited partnership or foreign 1289
limited partnership must be made in accordance with s. 48.061 1290
and chapter 48 or chapter 49 A registered agent appointed by a 1291
limited partnership or foreign limited partnership is an agent 1292
of the limited partne rship or foreign limited partnership for 1293
service of any process, notice, or demand required or permitted 1294
by law to be served upon the limited partnership or foreign 1295
limited partnership. 1296
(2) Any notice or demand on a limited partnership or 1297
foreign limited partnership under this chapter may be given or 1298
made to any general partner of the limited partnership or 1299
foreign limited partnership, to the registered agent of the 1300
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 53 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
limited partnership or for eign limited partnership at the 1301
registered office in this state, or to any other address in this 1302
state which is in fact the principal office of the limited 1303
partnership or foreign limited partnership in this state If a 1304
limited partnership or foreign limited partnership does not 1305
appoint or maintain a registered agent in this state or the 1306
registered agent cannot with reasonable diligence be found at 1307
the address of the registered office, the Department of State 1308
shall be an agent of the limited partnership or fo reign limited 1309
partnership upon whom process, notice, or demand may be served . 1310
(3) Service of any process, notice, or demand on the 1311
Department of State may be made by delivering to and leaving 1312
with the Department of State duplicate copies of the process, 1313
notice, or demand. 1314
(4) Service is effected under subsection (3) upon the date 1315
shown as having been received by the Department of State. 1316
(5) The Department of State shall keep a record of each 1317
process, notice, and demand served pursuant to this section and 1318
record the time of, and the action taken regarding, the service. 1319
(3)(6) This section does not affect the right to serve 1320
process, give notice, or make a demand in any other manner 1321
provided by law. 1322
Section 30. Subsection (5) of section 620.1907, Fl orida 1323
Statutes, is amended to read: 1324
620.1907 Cancellation of certificate of authority; effect 1325
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 54 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of failure to have certificate. — 1326
(5) If a foreign limited partnership transacts business in 1327
this state without a certificate of authority or cancels its 1328
certificate of authority, it may be served under s. 48.061(5)(b) 1329
the foreign limited partnership shall appoint the Department of 1330
State as its agent for service of process for rights of action 1331
arising out of the transaction of business in this state . 1332
Section 31. Subsections (3) and (4) of section 620.2105, 1333
Florida Statutes, are amended to read: 1334
620.2105 Effect of conversion. — 1335
(3) A converted organization 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 limited 1338
partnership, if before the conversion the converting limited 1339
partnership was subject to suit in this state on the obligation. 1340
A converted organization that is a foreign organization and not 1341
authorized to transact business in this state appoints the 1342
Secretary of State Department of State as its agent for service 1343
of process for purposes of enforcing an obligation under this 1344
subsection and any appraisal rights of limited partners under 1345
ss. 620.2113-620.2124 to the extent applicable to the 1346
conversion. Service on the Secretary of State Department of 1347
State under this subsection is made in the same manner and with 1348
the same consequences as in ss. 48.161 and 620.1117 s. 1349
620.1117(3) and (4). 1350
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 55 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(4) A copy of the statement of c onversion, certified by 1351
the Secretary of State Department of State, may be filed in any 1352
county of this state in which the converting organization holds 1353
an interest in real property. 1354
Section 32. Subsection (2) of section 620.2109, Florida 1355
Statutes, is amended to read: 1356
620.2109 Effect of merger. — 1357
(2) A surviving organization that is a foreign 1358
organization consents to the jurisdiction of the courts of this 1359
state to enforce any obligation owed by a constituent 1360
organization, if before the merger the constituent organization 1361
was subject to suit in thi s state on the obligation. A surviving 1362
organization that is a foreign organization and not authorized 1363
to transact business in this state shall appoint the Secretary 1364
of State Department of State as its agent for service of process 1365
for the purposes of enforc ing an obligation under this 1366
subsection and any appraisal rights of limited partners under 1367
ss. 620.2113-620.2124 to the extent applicable to the merger. 1368
Service on the Secretary of State Department of State under this 1369
subsection is made in the same manner and with the same 1370
consequences as in ss. 48.161 and 620.1117 s. 620.1117(3) and 1371
(4). 1372
Section 33. Subsections (3) and (4) of section 620.8915, 1373
Florida Statutes, are amended to read: 1374
620.8915 Effect of conversion. — 1375
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 56 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) A converted organization that i s a foreign 1376
organization consents to the jurisdiction of the courts of this 1377
state to enforce any obligation owed by the converting 1378
partnership, if before the conversion the converting partnership 1379
was subject to suit in this state on the obligation. A conve rted 1380
organization that is a foreign organization and not authorized 1381
to transact business in this state shall appoint the Secretary 1382
of State Department of State as its agent for service of process 1383
for purposes of enforcing an obligation under this subsectio n. 1384
Service on the Secretary of State Department of State under this 1385
subsection is shall be made in the same manner and with the same 1386
consequences as provided in s. 48.161 s. 48.181. 1387
(4) A copy of the certificate of conversion, certified by 1388
the Secretary of State Department of State, may be filed in any 1389
county of this state in which the converting organization holds 1390
an interest in real property. 1391
Section 34. Subsection (2) of section 620.8919, Florida 1392
Statutes, is amended to read: 1393
620.8919 Effect of m erger.— 1394
(2) A surviving organization that is a foreign 1395
organization consents to the jurisdiction of the courts of this 1396
state to enforce any obligation owed by a constituent 1397
organization, if before the merger the constituent organization 1398
was subject to suit in this state on the obligation. A surviving 1399
organization that is a foreign organization and not authorized 1400
CS/HB 545 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0545-01-c1
Page 57 of 57
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to transact business in this state shall appoint the Secretary 1401
of State Department of State as its agent for service of process 1402
pursuant to s. 48.161 the provisions of s. 48.181 . 1403
Section 35. Except as otherwise expressly provided in this 1404
act and except for this section, which shall take effect upon 1405
this act becoming a law, this act shall take effect January 2, 1406
2023. 1407