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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
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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. 48.111, F.S.; 30
revising provisions related to service on public 31
agencies and officers; authorizing service on 32
specified persons under certain circumstances; 33
amending s. 48.151, F.S.; revising the applicability 34
of provisions relating to service on statutory agents 35
for certain persons; amending s. 48.161, F.S.; 36
revising provisions relati ng to substituted service; 37
providing for substituted service on individuals or 38
corporations or other business entities; specifying 39
actions that may be considered due diligence in 40
effectuating service; specifying when service is 41
considered effectuated; requ iring the Department of 42
State to maintain certain records; amending s. 48.181, 43
F.S.; defining the term "foreign business entity"; 44
revising provisions relating to substituted service; 45
providing for substituted service on certain 46
nonresidents and foreign bus iness entities and on 47
individuals and foreign business entities concealing 48
their whereabouts; creating s. 48.184, F.S.; providing 49
for service of process for removal of unknown parties 50
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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
in possession of real property; amending s. 48.194, 51
F.S.; revising provi sions relating to service outside 52
this state but within the United States; deleting 53
provisions relating to service outside the United 54
States; creating s. 48.197, F.S.; providing for 55
service in a foreign country; amending s. 49.011, 56
F.S.; providing for cons tructive service on the legal 57
mother in certain situations; amending s. 766.106, 58
F.S.; revising requirements for service of presuit 59
notice before filing a medical negligence complaint; 60
creating a rebuttable presumption that service was 61
received by a prospe ctive defendant in certain 62
circumstances; providing court duties if service is 63
challenged during subsequent litigation; revising 64
provisions concerning tolling of the statute of 65
limitations upon service of presuit notice by 66
specified means; specifying that the terms 67
"prospective" and "potential" are interchangeable; 68
amending ss. 495.145, 605.0117, 605.09091, 605.0910, 69
605.1045, 607.0504, 607.1423, 607.15101, 607.1520, 70
617.0504, 617.1510, 617.1520, 620.1117, 620.1907, 71
620.2105, 620.2109, 620.8915, and 620.891 9, F.S.; 72
conforming cross-references and provisions to changes 73
made by the act; providing effective dates. 74
75
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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 It Enacted by the Legislature of the State of Florida: 76
77
Section 1. Subsection (3) of section 15.16, Florida 78
Statutes, is amended to read: 79
15.16 Reproduction of records; admissibility in evidence; 80
electronic receipt and transmission of records; certification; 81
acknowledgment.— 82
(3) The Department of State may cause to be received 83
electronically any records that are required or authorized to be 84
filed with it pursuant to chapter 48, chapter 55, chapter 117, 85
chapter 118, chapter 495, chapter 605, chapter 606, chapter 607, 86
chapter 610, chapter 617, chapter 620, chapter 621, chapter 679, 87
chapter 713, or chapter 865, through facsimile or other 88
electronic transfers, for the purpose of filing such records. 89
The originals of all such electronically transmitted records 90
must be executed in the manner provided in paragraph (5)(b). The 91
receipt of such electronic transfer constitutes delivery to the 92
department as required by law. The department may use electronic 93
transmissions for purposes of notice in the administration of 94
chapters 48, 55, 117, 118, 495, 605, 606, 607, 610, 617, 620, 95
621, 679, and 713 and s. 865.09. The Department of State may 96
collect e-mail addresses for purposes of notice and 97
communication in the performance of its duties and may require 98
filers and registrants to furnish such e -mail addresses when 99
presenting documents for filing. 100
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Section 2. Section 48.061, Florida Statutes, is amended to 101
read: 102
48.061 Service on partnerships , limited liability 103
partnerships, and limited partnerships. — 104
(1)(a) Process against a partnership that is not a limited 105
liability partnership or a limited partnership, including a 106
limited liability limited partne rship, must shall be served on 107
any partner and is as valid for service on the partnership as if 108
served on each individual partner. 109
1. If a partner is not available during regular business 110
hours to accept service on behalf of the partnership, he or she 111
may designate an employee or agent to accept such service. 112
2. After one attempt to serve a partner or designated 113
employee or agent for service of process has been made, process 114
may be served on a person in charge of the partnership during 115
regular business hours. 116
(b) If the partnership designated an agent when 117
registering as a general partnership with the Department of 118
State, service on the agent is as valid for service on the 119
partnership as if served on each individual partner; however, 120
unless individual partners are served, the plaintiff may only 121
proceed to judgment and execution against the assets of the 122
partnership. 123
(2)(a) Process against a domestic limited liability 124
partnership must first be served on the then -current registered 125
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agent for service of process specified in its statement of 126
qualification, in its statement of qualification as amended or 127
restated, or as redesignated in its annual report or change of 128
agent filing and is as valid for service on the limited 129
liability partnership as if served o n each individual partner. 130
If service cannot be made on the registered agent because the 131
domestic limited liability partnership ceases to have a 132
registered agent, or if the registered agent cannot otherwise be 133
served after one good faith attempt because of a failure to 134
comply with this chapter or chapter 620, the process may be 135
served on any partner. 136
1. If a partner is not available during regular business 137
hours to accept service on behalf of the partnership, he or she 138
may designate an employee to accept such service. 139
2. After one attempt to serve a partner or designated 140
employee has been made, process may be served on a person in 141
charge of the partnership during regular business hours. 142
(b) If, after due diligence, the process cannot be 143
completed under paragraph (a), the process may be served as 144
provided in s. 48.161 on the Secretary of State as an agent of 145
the domestic limited liability partnership or by order of the 146
court under s. 48.102. 147
(3)(a)1. Process against a domestic limited partnership, 148
including a domestic limited liability limited partnership, must 149
first be served on the then -current agent for service of process 150
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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
specified in its certificate of limited partnership, in its 151
certificate as amended or restated, or as redesignated in its 152
annual report or change of agent filing and is as valid for 153
service on the domestic limited partnership as if served on each 154
individual general partner of the partnership. 155
2. If service cannot be made on the registered agent 156
because the domestic limited partners hip or domestic limited 157
liability limited partnership ceases to have a registered agent, 158
or if the registered agent cannot otherwise be served following 159
one good faith attempt because of a failure to comply with this 160
chapter or chapter 620, the process may be served on any general 161
partner. 162
3. After service on a general partner or the registered 163
agent, the plaintiff may proceed to judgment and execution 164
against the assets of the domestic limited partnership or of 165
that general partner, unless the domestic l imited partnership is 166
a limited liability limited partnership. 167
(b) If, after due diligence, the process cannot be 168
completed under paragraph (a), then process may be served as 169
provided in s. 48.161 on the Secretary of State as an agent of 170
the limited partnership or by order of the court under s. 171
48.102. 172
(4)(a) Process against a foreign limited liability 173
partnership that was required to comply with s. 620.9102 may be 174
served as prescribed under subsection (2). 175
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(b) A foreign limited liability partnership engaging in 176
business in this state but not registered is considered, for 177
purposes of service of process, a nonresident engaging in 178
business in this state and may be served pursuant to s. 48.181 179
or by order of the court under s. 48.102. 180
(5)(a) Process against a foreign limited partnership that 181
was required to comply with s. 620.1902 may be served as 182
prescribed under subsection (3). 183
(b) A foreign limited partnership engaging in business in 184
this state but not registered is considered, for purposes of 185
service of process, a nonresident engaging in business in this 186
state and may be served pursuant to s. 48.181 or by order of the 187
court under s. 48.102 After one attempt to serve a partner or 188
designated employee has been made, process may be served on the 189
person in charge of the partnership during regular business 190
hours. After service on any partner, plaintiff may proceed to 191
judgment and execution against that partner and the assets of 192
the partnership. After service on a designated employee or other 193
person in charge, plaintiff may proceed to judgment and 194
execution against the partnership assets but not against the 195
individual assets of any partner . 196
(2) Process against a domestic limited partnership may be 197
served on any general partner or on the agent for service o f 198
process specified in its certificate of limited partnership or 199
in its certificate as amended or restated and is as valid as if 200
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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
served on each individual member of the partnership. After 201
service on a general partner or the agent, the plaintiff may 202
proceed to judgment and execution against the limited 203
partnership and all of the general partners individually. If a 204
general partner cannot be found in this state and service cannot 205
be made on an agent because of failure to maintain such an agent 206
or because the agent cannot be found or served with the exercise 207
of reasonable diligence, service of process may be effected by 208
service upon the Secretary of State as agent of the limited 209
partnership as provided for in s. 48.181. Service of process may 210
be made under ss. 48.071 and 48.21 on limited partnerships. 211
(3) Process against a foreign limited partnership may be 212
served on any general partner found in the state or on any agent 213
for service of process specified in its application for 214
registration and is as valid as if served on each individual 215
member of the partnership. If a general partner cannot be found 216
in this state and an agent for service of process has not been 217
appointed or, if appointed, the agent's authority has been 218
revoked or the agent cannot be found or serv ed with the exercise 219
of reasonable diligence, service of process may be effected by 220
service upon the Secretary of State as agent of the limited 221
partnership as provided for in s. 48.181, or process may be 222
served as provided in ss. 48.071 and 48.21. 223
Section 3. Section 48.062, Florida Statutes, is amended to 224
read: 225
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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
48.062 Service on a domestic limited liability company or 226
registered foreign limited liability company .— 227
(1) As used in this section, the term "registered foreign 228
limited liability company" m eans a foreign limited liability 229
company that has an active certificate of authority to transact 230
business in this state pursuant to a record filed with the 231
Department of State. 232
(2) Process against A domestic limited liability company , 233
domestic or registered foreign limited liability company , may be 234
served with process required or authorized by law by service on 235
its the registered agent designated by the domestic limited 236
liability company or registered foreign limited liability 237
company under chapter 605. A person attempting to serve process 238
pursuant to this subsection may serve the process on any 239
employee of the registered agent during the first attempt at 240
service even if the registered agent is a natural person and is 241
temporarily absent from his or her off ice. 242
(3)(2) If service cannot be made on a registered agent of 243
the domestic limited liability company or registered foreign 244
limited liability company because the domestic limited liability 245
company or registered foreign limited liability company ceases 246
to have a registered agent, or if the registered agent of the 247
domestic limited liability company or registered foreign limited 248
liability company cannot otherwise be served after one good 249
faith attempt because of a failure to comply with this chapter 250
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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
or chapter 605 or because the limited liability company does not 251
have a registered agent, or if its registered agent cannot with 252
reasonable diligence be served, process against the limited 253
liability company, domestic or foreign , the process may be 254
served on any of the following: 255
(a) Any manager of a manager -managed domestic limited 256
liability company or registered foreign limited liability 257
company. On a member of a member -managed limited liability 258
company; 259
(b) Any member of a member -managed domestic limited 260
liability company or registered foreign limited liability 261
company. On a manager of a manager -managed limited liability 262
company; or 263
(c) Any person listed publicly by the domestic limited 264
liability company or registered foreign limited liability 265
company on its latest annual report, as most recently amended If 266
a member or manager is not available during regular business 267
hours to accept service on behalf of the limited liability 268
company, he, she, or it may designate an employee of the limited 269
liability company to accept such service. After one attempt to 270
serve a member, manager, or designated employee has been made, 271
process may be served on the person in charge of the limited 272
liability company during regular business hours . 273
(4)(3) If, after due reasonable diligence, the service of 274
process cannot be completed under subsection (2) and if either: 275
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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 only person listed publicly by the domestic 276
limited liability company or registered foreign limited 277
liability company on its latest annual report, as most recentl y 278
amended, is also the registered agent on whom service was 279
attempted under subsection (2); or 280
(b) After due diligence, service was attempted on at least 281
one person listed publicly by the domestic limited liability 282
company or registered foreign limited l iability company on its 283
latest annual report, as most recently amended, and cannot be 284
completed on such person under subsection (3) (1) or subsection 285
(2), 286
287
the service of process may be served as provided in s. 48.161 on 288
effected by service upon the Secretary of State as an agent of 289
the domestic limited liability company or the registered foreign 290
limited liability company or by order of the court under s. 291
48.102 as provided for in s. 48.181 . 292
(5)(4) If the address for the registered agent or any 293
person listed publicly by the domestic limited liability company 294
or registered foreign limited liability company on its latest 295
annual report, as most recently amended , member, or manager is a 296
residence, a private mailbox, a virtual office, or an executive 297
office or mini suite, service on the domestic limited liability 298
company or registered foreign limited liability company may be 299
made by serving any of the following: 300
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(a) The registered agent of the domestic limited liability 301
company or registered foreign limited li ability company, in 302
accordance with s. 48.031. 303
(b) Any person listed publicly by the domestic limited 304
liability company or registered foreign limited liability 305
company on its latest annual report, as most recently amended, 306
in accordance with s. 48.031. 307
(c) Any, member, or manager of the domestic limited 308
liability company or registered foreign limited liability 309
company, in accordance with s. 48.031. 310
(6) A foreign limited liability company engaging in 311
business in this state which is not registered is co nsidered, 312
for purposes of service of process, a nonresident engaging in 313
business in this state and may be served pursuant to s. 48.181 314
or by order of the court under s. 48.102. 315
(7)(5) This section does not apply to service of process 316
on insurance companies. 317
Section 4. Section 48.071, Florida Statutes, is amended to 318
read: 319
48.071 Service on agents of nonresidents doing business in 320
the state.—When any natural person or partnership not residing 321
or having a principal place of business in this state engages in 322
business in this state, process may be served on the person who 323
is in charge of any business in which the defendant is engaged 324
within this state at the time of service, including agents 325
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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
soliciting orders for goods, wares, merchandise , or services. 326
Any process so served is as valid as if served personally on the 327
nonresident person or partnership engaging in business in this 328
state in any action against the person or partnership aris ing 329
out of such business. A copy of such process with a notice of 330
service on the person in charge of such business must shall be 331
sent forthwith to the nonresident person or partnership by 332
registered mail; by or certified mail, return receipt requested ; 333
or by use of a commercial firm regularly engaged in the business 334
of document or package delivery. The party seeking to effectuate 335
service, or the attorney for such party, shall prepare . an 336
affidavit of compliance with this section which must shall be 337
filed before the return day or within such further time as the 338
court may allow. 339
Section 5. Section 48.081, Florida Statutes, is amended to 340
read: 341
48.081 Service on a domestic corporation or registered 342
foreign corporation.— 343
(1) As used in this section, the t erm "registered foreign 344
corporation" means a foreign corporation that has an active 345
certificate of authority to transact business in this state 346
pursuant to a record filed with the Department of State. 347
(2) A domestic corporation or a registered foreign 348
corporation may be served with process required or authorized by 349
law by service on its registered agent designated by the 350
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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
corporation under chapter 607 or chapter 617, as applicable. 351
(3) If service cannot be made on a registered agent of the 352
domestic corporation or registered foreign corporation because 353
the domestic corporation or registered foreign corporation 354
ceases to have a registered agent, or if the registered agent of 355
the domestic corporation or registered foreign corporation 356
cannot otherwise be serv ed after one good faith attempt because 357
of a failure to comply with this chapter, chapter 607, or 358
chapter 617, as applicable, the process may be served on either 359
of the following Process against any private corporation, 360
domestic or foreign, may be served : 361
(a) The chair of the board of directors, On the president, 362
any or vice president, the secretary, or the treasurer or other 363
head of the domestic corporation or registered foreign 364
corporation.; 365
(b) Any person listed publicly by the domestic corporation 366
or registered foreign corporation on its latest annual report, 367
as most recently amended In the absence of any person described 368
in paragraph (a), on the cashier, treasurer, secretary, or 369
general manager; 370
(c) In the absence of any person described in paragr aph 371
(a) or paragraph (b), on any director; or 372
(d) In the absence of any person described in paragraph 373
(a), paragraph (b), or paragraph (c), on any officer or business 374
agent residing in the state . 375
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(4) If, after due diligence, the process cannot be 376
completed under subsection (2) and if either: 377
(a) The only person listed publicly by the domestic 378
corporation or registered foreign corporation on its latest 379
annual report, as most recently amended, is also the registered 380
agent on whom service was attempted u nder subsection (2); or 381
(b) After due diligence, service was attempted on at least 382
one person listed publicly by the domestic corporation or 383
registered foreign corporation on its latest annual report, as 384
most recently amended, and cannot be completed on such person 385
under subsection (3), 386
387
the process may be served as provided in s. 48.161 on the 388
Secretary of State as an agent of the domestic corporation or 389
registered foreign corporation or by order of the court under s. 390
48.102 391
(2) If a foreign corporatio n has none of the foregoing 392
officers or agents in this state, service may be made on any 393
agent transacting business for it in this state . 394
(3)(a) As an alternative to all of the foregoing, process 395
may be served on the agent designated by the corporation u nder 396
s. 48.091. However, if service cannot be made on a registered 397
agent because of failure to comply with s. 48.091, service of 398
process shall be permitted on any employee at the corporation's 399
principal place of business or on any employee of the registere d 400
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agent. A person attempting to serve process pursuant to this 401
paragraph may serve the process on any employee of the 402
registered agent during the first attempt at service even if the 403
registered agent is temporarily absent from his or her office. 404
(5)(b) If the address for the registered agent or any 405
person listed publicly by the domestic corporation or registered 406
foreign corporation on its latest annual report, as most 407
recently amended, officer, director, or principal place of 408
business is a residence, a private mailbox, a virtual office, or 409
an executive office or mini suite, service on the domestic 410
corporation or registered foreign corporation may be made by 411
serving any of the following: 412
(a) The registered agent of the domestic corpor ation or 413
registered foreign corporation , officer, or director in 414
accordance with s. 48.031. 415
(b) Any person listed publicly by the domestic corporation 416
or registered foreign corporation on its latest annual report, 417
as most recently amended, in accordance with s. 48.031. 418
(c) Any person serving in one of the positions specified 419
in paragraph (3)(a), in accordance with s. 48.031. 420
(6) A foreign corporation engaging in business in this 421
state which is not registered is considered, for purposes of 422
service of process, a nonresident engaging in business in this 423
state and may be served pursuant to s. 48.181 or by order of the 424
court under s. 48.102. 425
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(7)(4) This section does not apply to service of process 426
on insurance companies. 427
(5) When a corporation engages i n substantial and not 428
isolated activities within this state, or has a business office 429
within the state and is actually engaged in the transaction of 430
business therefrom, service upon any officer or business agent 431
while on corporate business within this stat e may personally be 432
made, pursuant to this section, and it is not necessary in such 433
case that the action, suit, or proceeding against the 434
corporation shall have arisen out of any transaction or 435
operation connected with or incidental to the business being 436
transacted within the state. 437
Section 6. Section 48.091, Florida Statutes, is amended to 438
read: 439
48.091 Partnerships, corporations, and limited liability 440
companies; designation of registered agent and registered 441
office.— 442
(1) As used in this section, th e term: 443
(a) "Registered foreign corporation" and "registered 444
foreign limited liability company" have the same meanings as in 445
ss. 48.081 and 48.062, respectively. 446
(b) "Registered foreign limited liability partnership" or 447
"registered foreign limited partnership" means a foreign limited 448
liability partnership or foreign limited partnership that has an 449
active certificate of authority to transact business in this 450
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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
state pursuant to a record filed with the Department of State. 451
(2) Every domestic limited liability partnership; domestic 452
limited partnership, including limited liability limited 453
partnerships; domestic corporation; domestic limited liability 454
company; registered foreign limited liability partnership; 455
registered foreign limited partnership, including limited 456
liability limited partnerships; registered foreign corporation; 457
and registered foreign limited liability company Florida 458
corporation and every foreign corpor ation now qualified or 459
hereafter qualifying to transact business in this state shall 460
designate a registered agent and registered office in accordance 461
with chapter 605, part I of chapter 607, chapter 617, or chapter 462
620, as applicable. 463
(3)(2) Every domestic limited liability partnership; 464
domestic limited partnership, including limited liability 465
limited partnerships; domestic corporation; domestic limited 466
liability company; registered foreign limited liability 467
partnership; registered foreign limited partner ship, including 468
limited liability limited partnerships; registered foreign 469
corporation; registered foreign limited liability company; and 470
domestic or foreign general partnership that elects to designate 471
a registered agent shall cause the designated registe red agent 472
to corporation shall keep the designated registered office open 473
from at least 10 a.m. to 12 noon each day except Saturdays, 474
Sundays, and legal holidays, and shall cause the designated 475
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registered agent to keep one or more individuals who are, or a re 476
representatives of, the designated registered agents on whom 477
process may be served at the office during these hours. The 478
corporation shall keep a sign posted in the office in some 479
conspicuous place designating the name of the corporation and 480
the name of its registered agent on whom process may be served 481
at the office during these hours . 482
(4) A person attempting to serve process pursuant to this 483
section on a registered agent that is other than a natural 484
person may serve the process on any employee of the registered 485
agent. A person attempting to serve process pursuant to this 486
section on a natural person, if the natural person is 487
temporarily absent from his or her office, may serve the process 488
during the first attempt at service on any employee of such 489
natural person. 490
(5) The registered agent shall promptly forward copies of 491
the process and any other papers received in connection with the 492
service to a responsible person in charge of the business 493
entity. Failure to comply with this subsection does not 494
invalidate the service of process. 495
Section 7. Section 48.101, Florida Statutes, is amended to 496
read: 497
48.101 Service on dissolved corporations , dissolved 498
limited liability companies, dissolved limited partnerships, and 499
dissolved limited liability partnershi ps.— 500
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(1) Process against the directors of any corporation that 501
which was dissolved before July 1, 1990, as trustees of the 502
dissolved corporation must shall be served on one or more of the 503
directors of the dissolved corporation as trustees thereof and 504
binds all of the directors of the dissolved corporation as 505
trustees thereof. Process against any other dissolved 506
corporation shall be served in accordance with s. 48.081. 507
(2)(a) Process against any other dissolved domestic 508
corporation must be served in acco rdance with s. 48.081. 509
(b) In addition, provided that service was first properly 510
attempted on the registered agent pursuant to s. 48.081(2), but 511
was not successful, service may then be attempted as required 512
under s. 48.081(3). In addition to the persons listed in s. 513
48.081(3), service may then be attempted on the person appointed 514
by the circuit court as the trustee, custodian, or receiver 515
under s. 607.1405(6). 516
(c) A party attempting to serve a dissolved domestic for -517
profit corporation under this section may petition the court to 518
appoint one of the persons specified in s. 607.1405(6) to 519
receive service of process on behalf of the corporation. 520
(3)(a) Process against any dissolved domestic limited 521
liability company must be served in accordance with s. 48. 062. 522
(b) In addition, provided that service was first properly 523
attempted on the registered agent pursuant to s. 48.062(2), but 524
was not successful, service may then be attempted as required 525
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under s. 48.062(3). In addition to the persons listed in s. 526
48.062(3), service on a dissolved domestic limited liability 527
company may be made on the person appointed as the liquidator, 528
trustee, or receiver under s. 605.0709. 529
(c) A party attempting to serve a dissolved domestic 530
limited liability company under this secti on may petition the 531
court to appoint one of the persons specified in s. 605.0709(5) 532
to receive service of process on behalf of the limited liability 533
company. 534
(4) Process against any dissolved domestic limited 535
partnership must be served in accordance with s. 48.061. 536
Section 8. Section 48.102, Florida Statutes, is created to 537
read: 538
48.102 Service by other means. —If, after due diligence, a 539
party seeking to effectuate service is unable to effectuate 540
personal service of process on a domestic or foreign 541
corporation; a domestic or foreign general partnership, 542
including a limited liability partnership; a domestic or foreign 543
limited partnership, including a limited liability limited 544
partnership; or a domestic or foreign limited liability company, 545
the court, upon motion and a showing of such inability, may 546
authorize service in any other manner that the party seeking to 547
effectuate service shows will be reasonably effective to give 548
the entity on which service is sought to be effectuated actual 549
notice of the suit. Such other manners of service may include 550
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service electronically by e -mail or other technology by any 551
person authorized to serve process in accordance with this 552
chapter or by an attorney. The court may authorize other methods 553
of service consistent with the principles of due process. In 554
suits involving a breach of contract, the court may consider 555
authorizing the parties to effectuate service in the manner 556
provided for in the contractual notice provision of the subject 557
contract. 558
Section 9. Subsection (1) of section 48.111, Florida 559
Statutes, is amended to read: 560
48.111 Service on public agencies and officers. — 561
(1) Process against any municipal corporation, agency, 562
board, or commission, department, or subdivision of the state or 563
any county which has a gov erning board, council, or commission 564
or which is a body corporate shall be served: 565
(a) On the registered agent; or 566
(b) If the municipal corporation, agency, board, or 567
commission, department, or subdivision of the state does not 568
have a registered agent, or if the registered agent cannot 569
otherwise be served after one good faith attempt: 570
1.(a) On the president, mayor, chair, or other head 571
thereof; and in the his or her absence of all persons listed in 572
this subparagraph; 573
2.(b) On the vice president, vic e mayor, or vice chair , or 574
in the absence of all persons listed in subparagraph 1. and this 575
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subparagraph of the above; 576
3.(c) On any member of the governing board, council, or 577
commission, the manager of the governmental entity, if any, or 578
an in-house attorney for the governmental entity, if any, and in 579
the absence of all the persons listed in subparagraph 1., 580
subparagraph 2., and this subparagraph; 581
4. On any employee of the governmental entity at the main 582
office of the governmental entity . 583
Section 10. Subsection (2) of section 48.151, Florida 584
Statutes, is amended to read: 585
48.151 Service on statutory agents for certain persons. — 586
(2) This section does not apply to substituted service of 587
process under s. 48.161 or s. 48.181 on nonresidents. 588
Section 11. Section 48.161, Florida Statutes, is amended 589
to read: 590
48.161 Method of substituted service on nonresident. — 591
(1) When authorized by law, substituted service of process 592
on a nonresident individual or a corporation or other business 593
entity incorporated or formed under the laws of any other state, 594
territory, or commonwealth, or the laws of any foreign country, 595
may or a person who conceals his or her whereabouts by serving a 596
public officer designated by law shall be made by sending 597
leaving a copy of the process to the office of the Secretary of 598
State by personal delivery; by registered mail; with a fee of 599
$8.75 with the public officer or in his or her office or by 600
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mailing the copies by certified mail, return receipt requested; 601
by use of a commercial firm regularly engaged in the business of 602
document or package delivery; or by electronic transmission to 603
the public officer with the fee . The service is sufficient 604
service on a party that defendant who has appointed or is deemed 605
to have appointed the S ecretary of State a public officer as 606
such party's his or her agent for the service of process. The 607
Secretary of State shall keep a record of all process served on 608
the Secretary of State showing the day and hour of service. 609
(2) Notice of service and a copy of the process must shall 610
be sent forthwith by the party effectuating service or by such 611
party's attorney by registered mail; by registered or certified 612
mail, return receipt requested; or by use of a commercial firm 613
regularly engaged in the business of document or package 614
delivery. In addition, if the parties have recently and 615
regularly used e-mail or other electronic means to communicate 616
between themselves, the notice of service and a copy of the 617
process must be sent by such electronic means or, if the party 618
is being served by substituted service, the notice of service 619
and a copy of the process must be served at such party's last 620
known physical address and, if applicable, last known electronic 621
address. The party effectuating s ervice shall file proof of 622
service or return receipts showing delivery to the other party 623
by mail or courier and by electronic means, if electronic means 624
were used, unless the party is actively refusing or rejecting 625
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the delivery of the notice. An by the plaintiff or his or her 626
attorney to the defendant, and the defendant's return receipt 627
and the affidavit of compliance of the party effectuating 628
service plaintiff or such party's his or her attorney must of 629
compliance shall be filed within 40 days after on or before the 630
date return day of service on the Secretary of State process or 631
within such additional time as the court allows . The affidavit 632
of compliance must set forth the facts that justify substituted 633
service under this section and that show due diligenc e was 634
exercised in attempting to locate and effectuate personal 635
service on the party before using substituted service under this 636
section. The party effectuating service does not need to allege 637
in its original or amended complaint the facts required to be 638
set forth in the affidavit of compliance. 639
(3) When an individual or a business entity conceals its 640
whereabouts, the party seeking to effectuate service, after 641
exercising due diligence to locate and effectuate personal 642
service, may use substituted service pursuant to subsection (1) 643
in connection with any action in which the court has 644
jurisdiction over such individual or business entity. The party 645
seeking to effectuate service must also comply with subsection 646
(2); however, a return receipt or other proof sho wing acceptance 647
of receipt of the notice of service and a , or the notice and 648
copy of the shall be served on the defendant, if found within 649
the state, by an officer authorized to serve legal process by 650
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the concealed party need not be filed , or if found without the 651
state, by a sheriff or a deputy sheriff of any county of this 652
state or any duly constituted public officer qualified to serve 653
like process in the state or jurisdiction where the defendant is 654
found. The officer's return showing service shall be file d on or 655
before the return day of the process or within such time as the 656
court allows. The fee paid by the plaintiff to the public 657
officer shall be taxed as cost if he or she prevails in the 658
action. The public officer shall keep a record of all process 659
served on him or her showing the day and hour of service . 660
(4) The party effectuating service is considered to have 661
used due diligence if that party: 662
(a) Made diligent inquiry and exerted an honest and 663
conscientious effort appropriate to the circumstances t o acquire 664
the information necessary to effectuate personal service; 665
(b) In seeking to effectuate personal service, reasonably 666
employed the knowledge at the party's command, including 667
knowledge obtained pursuant to paragraph (a); and 668
(c) Made an appropr iate number of attempts to serve the 669
party, taking into account the particular circumstances , during 670
such times when and where such party is reasonably likely to be 671
found, as determined through resources reasonably available to 672
the party seeking to secure service of process. 673
(5)(2) If any individual person on whom service of process 674
is authorized under subsection (1) dies, service may be made in 675
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the same manner on his or her administrator, executor, curator, 676
or personal representative in the same manner. 677
(6)(3) This section does not apply to persons on whom 678
service is authorized under s. 48.151. 679
(7)(4) The Secretary of State public officer may designate 680
an individual some other person in his or her office to accept 681
service. 682
(8) Service of process is effectuated under this section 683
on the date the service is received by the Department of State. 684
(9) The Department of State shall maintain a record of 685
each process served pursuant to this section and record the time 686
of and the action taken regarding the s ervice. 687
Section 12. Section 48.181, Florida Statutes, is amended 688
to read: 689
48.181 Substituted service on nonresidents and foreign 690
business entities nonresident engaging in business in state or 691
concealing their whereabouts .— 692
(1) As used in this secti on, the term "foreign business 693
entity" means any corporation or other business entity that is 694
incorporated, formed, or existing under the laws of any other 695
state, territory, or commonwealth, or the laws of any foreign 696
country. 697
(2) The acceptance by any individual person or persons, 698
individually or associated together as a copartnership or any 699
other form or type of association, who is a resident are 700
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residents of any other state, territory, or commonwealth, or of 701
any foreign or country, or by any foreign bu siness entity and 702
all foreign corporations, and any person who is a resident of 703
the state and who subsequently becomes a nonresident of the 704
state or conceals his or her whereabouts, of the privilege 705
extended by law to nonresidents and others to operate, conduct, 706
engage in, or carry on a business or business venture in this 707
the state, or to have an office or agency in this the state, is 708
deemed to constitute constitutes an appointment by the 709
individual or persons and foreign business entity corporations 710
of the Secretary of State of this the state as its their agent 711
on whom all process in any action or proceeding against the 712
individual or foreign business entity them, or any combination 713
thereof of them, arising out of any transaction or operation 714
connected with or incidental to the business or business venture 715
may be served as substituted service in accordance with this 716
chapter. The acceptance of the privilege is signification of the 717
agreement of the respective individual or persons and foreign 718
business entity corporations that the process served against it 719
in accordance with this chapter them which is so served is of 720
the same validity as if served personally on the individual 721
persons or foreign business entity corporations. 722
(3)(2) If a foreign business entity corporation has 723
registered to do business a resident agent or officer in this 724
the state and has maintained its registration in an active 725
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status or otherwise continued to have a registered agent , 726
personal service of process must first shall be attempted served 727
on the foreign business entity in the manner and order of 728
priority described in this chapter as applicable to the foreign 729
business entity. If, after due diligence, the party seeking to 730
effectuate service of process is unable to effectuate service of 731
process on the registered agent or other official as provided in 732
this chapter, the party may use substituted service of process 733
on the Secretary of State resident agent or officer . 734
(4) Any individual or foreign business entity that 735
conceals its whereabouts is deemed to have appointed the 736
Secretary of State as its agent on whom all process may be 737
served in any action or proceeding against it, or any 738
combination thereof, arising out of any transactio n or operation 739
connected with or incidental to any business or business venture 740
carried on in this state by such individual or foreign business 741
entity. 742
(5)(3) Any individual or foreign business entity that 743
person, firm, or corporation which sells, consigns, or leases by 744
any means whatsoever tangible or intangible personal property, 745
through brokers, jobbers, wholesalers, or distributors to any 746
individual person, firm, or corporation, or other business 747
entity in this state is conclusively presumed to be bot h engaged 748
in substantial and not isolated activities within this state and 749
operating, conducting, engaging in, or carrying on a business or 750
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business venture in this state. 751
(6) Service pursuant to this section must be effectuated 752
in the manner prescribed by s. 48.161. 753
Section 13. Section 48.184, Florida Statutes, is created 754
to read: 755
48.184 Service of process for removal of unknown parties 756
in possession.— 757
(1) This section applies only to actions governed by s. 758
82.03, s. 83.21, s. 83.59, or s. 723.06 1 and only to the extent 759
that such actions seek relief for the removal of unknown parties 760
in possession of real property. The provisions of this section 761
are cumulative to other provisions of law or rules of court 762
about service of process, and all other suc h provisions are 763
cumulative to this section. 764
(2) A summons must be issued in the name of "Unknown Party 765
in Possession" when the name of an occupant of real property is 766
not known to the plaintiff and the property occupied by the 767
unknown party is identified in the complaint and summons. A 768
separate summons must be issued for each such unknown occupant. 769
(3) The plaintiff shall attempt to serve the summons on 770
any unknown occupant of the property described in the summons 771
and complaint. If service on the unknown occupant is not 772
effectuated on the first attempt, at least two additional 773
attempts must be made. The three attempts to obtain service must 774
be made once during business hours, once during nonbusiness 775
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hours, and once during a weekend. The process server shall make 776
an inquiry as to the name of the unknown occupant at the time of 777
service. The return of service must note the name of the 778
occupant if obtained by the process server or state that the 779
name of the occupant could not be obtained after inqui ry. If the 780
name of the occupant becomes known to the plaintiff through the 781
return of service or otherwise, without notice or hearing 782
thereon, all subsequent proceedings must be conducted under the 783
true name of such occupant and all prior proceedings are de emed 784
amended accordingly. 785
(4) Service of process must also be made on unknown 786
occupants by both of the following means: 787
(a) By attaching the summons and complaint to a 788
conspicuous location on the premises involved in the 789
proceedings. 790
(b) Upon issuance of the summons, by the plaintiff 791
providing the clerk of the court with one additional copy of the 792
summons and complaint for each unknown occupant and a prestamped 793
envelope for each unknown occupant addressed to the unknown 794
occupant at the address of the premises involved in the 795
proceedings. The clerk of the court shall immediately mail a 796
copy of the summons and complaint by first -class mail, note the 797
fact of mailing in the docket, and file a certificate in the 798
court file of the fact and d ate of mailing. The clerk of the 799
court shall charge such fees for such services as provided by 800
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law. 801
(5) Service is effective on the unknown occupant in 802
possession on the later of the date that personal service is 803
made, the date of attaching the summons a nd complaint to a 804
conspicuous location on the premises, or upon mailing by the 805
clerk. 806
(6) The judgment and writ of possession must refer to any 807
unknown occupant in possession by name if the name is shown on 808
the return of service or is otherwise known to the plaintiff. If 809
the name of any unknown occupant in possession is not shown on 810
the return of service or otherwise known to the plaintiff and 811
service has been effectuated as provided in this section, the 812
judgment and writ of possession must refer to each such person 813
as "Unknown Party in Possession," and the writ of possession 814
must be executed by the sheriff by dispossessing the occupants 815
and placing the plaintiff in possession of the property. 816
Section 14. Subsections (1) and (2) of section 48.194, 817
Florida Statutes, are amended to read: 818
48.194 Personal service in another outside state, 819
territory, or commonwealth of the United States .— 820
(1) Except as otherwise provided herein, service of 821
process on a party in another persons outside of this state, 822
territory, or commonwealth of the United States must shall be 823
made in the same manner as service within this state by any 824
person authorized to serve process in the state where service 825
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shall be made the person is served . No order of court is 826
required. A court may consider the return-of-service form 827
described in s. 48.21, or any other competent evidence, must be 828
filed with the court stating the time, manner, and place of 829
service. The court may consider such evidence in determining 830
whether service has been properl y made. Service of process on 831
persons outside the United States may be required to conform to 832
the provisions of the Hague Convention on the Service Abroad of 833
Judicial and Extrajudicial Documents in Civil or Commercial 834
Matters. 835
(2) When Where in rem or quasi in rem relief is sought in 836
a foreclosure proceeding as defined by s. 702.09, and the 837
address of the person to be served is known, service of process 838
on a person in another state, territory, or commonwealth outside 839
of the United States this state where the address of the person 840
to be served is known may be made by registered mail as follows: 841
(a) The party's attorney or the party, if the party is not 842
represented by an attorney, shall place a copy of the original 843
process and the complaint, petition, or o ther initial pleading 844
or paper and, if applicable, the order to show cause issued 845
pursuant to s. 702.10 in a sealed envelope with adequate postage 846
addressed to the person to be served. 847
(b) The envelope must shall be placed in the mail as 848
registered mail. 849
(c) Service under this subsection is deemed shall be 850
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considered obtained upon the signing of the return receipt by 851
the person allowed to be served by law. 852
Section 15. Section 48.197, Florida Statutes, is created 853
to read: 854
48.197 Service in a foreig n country.— 855
(1) Service of process may be effectuated in a foreign 856
country upon a party, other than a minor or an incompetent 857
person, as provided in any of the following: 858
(a) By any internationally agreed -upon means of service 859
reasonably calculated to give actual notice of the proceedings, 860
such as those authorized by the Hague Convention on the Service 861
Abroad of Judicial and Extrajudicial Documents in Civil or 862
Commercial Matters. 863
(b) If there is no internationally agreed -upon means of 864
service, or if an international agreement allows but does not 865
specify other means, by a method reasonably calculated to give 866
actual notice of the proceedings: 867
1. As prescribed by the foreign country's law for service 868
in that country in an action in its courts of general 869
jurisdiction; 870
2. As the foreign authority directs in response to a 871
letter rogatory or letter of request; or 872
3. Unless prohibited by the foreign country's law, by: 873
a. If serving an individual, delivering a copy of the 874
summons and of the complaint to the individual personally; or 875
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b. Using any form of mail that the clerk addresses and 876
sends to the party and which requires a signed receipt. 877
(c) Pursuant to motion and order by the court, by other 878
means, including electronically by e -mail or other technology, 879
which the party seeking service shows is reasonably calculated 880
to give actual notice of the proceedings and is not prohibited 881
by international agreement, as the court orders. 882
(2) Service of process may be effectuated in a foreign 883
country upon a minor or an incompetent person in the manner 884
prescribed by subparagraph (1)(b)1., subparagraph (1)(b)2., or 885
paragraph (1)(c). 886
Section 16. Subsection (15) of section 49.011, Florida 887
Statutes, is amended to read: 888
49.011 Service of process by publication ; cases in which 889
allowed.—Service of process by publication may be made in any 890
court on any party identified in s. 49.021 in any action or 891
proceeding: 892
(15) To determine paternity, but only as to : 893
(a) The legal father in a paternity action in which 894
another man is alleged to be the biological father, in which 895
case it is necessary to serve process on the legal father in 896
order to establish paternity with regard to the alleged 897
biological father; or 898
(b) The legal mother when there is no legal father . 899
Section 17. Effective upon this act becoming a law, 900
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subsection (2), paragraph (a) of subsection (3), and subsection 901
(4) of section 766.106, Florida Statutes, are amended to read: 902
766.106 Notice before filing action for medical 903
negligence; presuit screening period; offers for admission of 904
liability and for arbitration; informal discovery; review. — 905
(2) PRESUIT NOTICE. — 906
(a) After completion of presuit investigation pursuant to 907
s. 766.203(2) and before prior to filing a complaint for medical 908
negligence, a claimant shall notify each prospective defendant 909
of intent to initiate litigation for medical negligence by at 910
least one of the following verifiable means: 911
1. United States Postal Service certified ma il, return 912
receipt requested; 913
2. United States Postal Service mail with a tracking 914
number; 915
3. An interstate commercial mail carrier or delivery 916
service; or 917
4. Any person authorized by law to serve process. 918
(b)1. Proof of service made pursuant to th is subsection 919
and delivered to an address on file with the Department of 920
Health, the Secretary of State, or the Agency for Health Care 921
Administration creates a rebuttable presumption that service was 922
received by the prospective defendant. 923
2. If service is challenged during subsequent litigation, 924
the court must conduct an evidentiary hearing to determine 925
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whether the prospective defendant or a person legally related to 926
the prospective defendant was provided notice pursuant to this 927
subsection and, if so, the date of such service. If service is 928
challenged under this subparagraph, it must be challenged in the 929
first response to the complaint, and if: 930
a. The court determines that service was properly made at 931
the prospective defendant's address as listed on the state 932
licensing agency website or an address on file with the 933
Secretary of State; and 934
b. The prospective defendant proves by the greater weight 935
of the evidence that neither the prospective defendant nor a 936
person legally related to the prospective defenda nt at the time 937
of service knew or should have known of the service, 938
939
the court must stay the case for a presuit investigation period 940
pursuant to s. 766.106 and the statute of limitations and 941
statute of repose must be tolled from the time service was 942
properly made at the prospective defendant's address as listed 943
on the state licensing agency website or an address on file with 944
the Secretary of State. The tolling shall end at the conclusion 945
of the presuit investigation period provided for in this 946
subsection and the stay of litigation shall automatically end at 947
the conclusion of the presuit investigation period by certified 948
mail, return receipt requested, of intent to initiate litigation 949
for medical negligence . 950
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(c) Notice to each prospective defendant must inc lude, if 951
available, a list of all known health care providers seen by the 952
claimant for the injuries complained of subsequent to the 953
alleged act of negligence, all known health care providers 954
during the 2-year period before prior to the alleged act of 955
negligence who treated or evaluated the claimant, copies of all 956
of the medical records relied upon by the expert in signing the 957
affidavit, and the executed authorization form provided in s. 958
766.1065. 959
(d)(b) Following the initiation of a suit alleging medical 960
negligence with a court of competent jurisdiction, and service 961
of the complaint upon a prospective defendant, the claimant 962
shall provide a copy of the complaint to the Department of 963
Health and, if the complaint involves a facility licensed under 964
chapter 395, the Agency for Health Care Administration. The 965
requirement of providing the complaint to the Department of 966
Health or the Agency for Health Care Administration does not 967
impair the claimant's legal rights or ability to seek relief for 968
his or her claim. Th e Department of Health or the Agency for 969
Health Care Administration shall review each incident that is 970
the subject of the complaint and determine whether it involved 971
conduct by a licensee which is potentially subject to 972
disciplinary action, in which case, for a licensed health care 973
practitioner, the provisions of s. 456.073 applies apply and, 974
for a licensed facility, the provisions of part I of chapter 395 975
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applies apply. 976
(3) PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT. — 977
(a) A no suit may not be filed for a period of 90 days 978
after notice is delivered mailed to any prospective defendant. 979
During the 90-day period, the prospective defendant or the 980
prospective defendant's insurer or self -insurer shall conduct a 981
review as provided in s. 766.203(3) to determ ine the liability 982
of the prospective defendant. Each insurer or self -insurer shall 983
have a procedure for the prompt investigation, review, and 984
evaluation of claims during the 90 -day period. This procedure 985
must shall include one or more of the following: 986
1. Internal review by a duly qualified claims adjuster; 987
2. Creation of a panel comprised of an attorney 988
knowledgeable in the prosecution or defense of medical 989
negligence actions, a health care provider trained in the same 990
or similar medical specialty as t he prospective defendant, and a 991
duly qualified claims adjuster; 992
3. A contractual agreement with a state or local 993
professional society of health care providers, which maintains a 994
medical review committee; or 995
4. Any other similar procedure which fairly a nd promptly 996
evaluates the pending claim. 997
998
Each insurer or self -insurer shall investigate the claim in good 999
faith, and both the claimant and prospective defendant shall 1000
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cooperate with the insurer in good faith. If the insurer 1001
requires, a claimant must shall appear before a pretrial 1002
screening panel or before a medical review committee and shall 1003
submit to a physical examination, if required. Unreasonable 1004
failure of any party to comply with this section justifies 1005
dismissal of claims or defenses. There shall be no civil 1006
liability for participation in a pretrial screening procedure if 1007
done without intentional fraud. 1008
(4) SERVICE OF PRESUIT NOTICE AND TOLLING. —The notice of 1009
intent to initiate litigation must shall be served within the 1010
time limits set forth in s. 95.11. However, upon mailing of the 1011
notice of intent to initiate litigation, as provided in 1012
subparagraph (2)(a)1., subparagraph (2)(a)2., or subparagraph 1013
(2)(a)3., and during the 90-day period provided in subsection 1014
(3), the statute of limitations is tolled as to all prospective 1015
potential defendants. If the notice of intent to initiate 1016
litigation is served by a process server as provided in 1017
subparagraph (2)(a)4., the statute of limitations is tolled upon 1018
the process server's first attempt to serve the prospective 1019
defendant and continues during the 90 -day period as to all 1020
prospective defendants. Upon stipulation by the parties, the 90 -1021
day period may be extended and the statute of limitations is 1022
tolled during any such extension. Upon receiving notice of 1023
termination of negotiations in an extended period, the claimant 1024
shall have 60 days or the remainder of the period of the statute 1025
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of limitations, whichever is greater, within which to file suit. 1026
As used in this section, the terms "prospective" and "potential" 1027
are interchangeable. 1028
Section 18. Section 495.145, Florida Statutes, is amended 1029
to read: 1030
495.145 Forum for actions regarding registration. —An 1031
action seeking cancellation of a registration of a mark 1032
registered under this chapter may be brought in any court of 1033
competent jurisdiction in this state. Service of process on a 1034
nonresident registrant may be made in accordance with ss. 48.161 1035
and 48.181 s. 48.181. The department may shall not be made a 1036
party to cancellation proceedings. 1037
Section 19. Section 605.0117, Florida Statutes, is amended 1038
to read: 1039
605.0117 Serving Service of process, giving notice, or 1040
making a demand.— 1041
(1) Process against a limited liability company or 1042
registered foreign limited liabili ty company may be served in 1043
accordance with s. 48.062 and chapter 48 or chapter 49 with 1044
process required or authorized by law by serving on its 1045
registered agent. 1046
(2) If a limited liability company or registered foreign 1047
limited liability company ceases to have a registered agent or 1048
if its registered agent cannot with reasonable diligence be 1049
served, the process required or permitted by law may instead be 1050
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served: 1051
(a) On a member of a member -managed limited liability 1052
company or registered foreign limited liability company; or 1053
(b) On a manager of a manager -managed limited liability 1054
company or registered foreign limited liability company. 1055
(3) If the process cannot be served on a limited liability 1056
company or registered foreign limited liability company pursuant 1057
to subsection (1) or subsection (2), the process may be served 1058
on the secretary of state as an agent of the company. 1059
(4) Service of process on the secretary of state may be 1060
made by delivering to and leaving with the department duplicate 1061
copies of the process. 1062
(5) Service is effectuated under subsection (3) on the 1063
date shown as received by the department. 1064
(6) The department shall keep a record of each proc ess 1065
served pursuant to this section and record the time of and the 1066
action taken regarding the service. 1067
(2)(7) Any notice or demand on a limited liability company 1068
or registered foreign limited liability company under this 1069
chapter may be given or made to a ny member of a member -managed 1070
limited liability company or registered foreign limited 1071
liability company or to any manager of a manager -managed limited 1072
liability company or registered foreign limited liability 1073
company; to the registered agent of the limited liability 1074
company or registered foreign limited liability company at the 1075
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registered office of the limited liability company or registered 1076
foreign limited liability company in this state; or to any other 1077
address in this state which that is in fact the principal office 1078
of the limited liability company or registered foreign limited 1079
liability company in this state. 1080
(3) A registered series of a foreign series limited 1081
liability company may be served in the same manner as a 1082
registered limited liability company. 1083
(4)(8) This section does not affect the right to serve 1084
process, give notice, or make a demand in any other manner 1085
provided by law. 1086
Section 20. Subsection (1) of section 605.09091, Florida 1087
Statutes, is amended to read: 1088
605.09091 Judicial review of denial of reinstatement. — 1089
(1) If the department denies a foreign limited liability 1090
company's application for reinstatement after revocation of its 1091
certificate of authority, the department must shall serve the 1092
foreign limited liability company, pursuant t o s. 605.0117(2) s. 1093
605.0117(7), with a written notice that explains the reason or 1094
reasons for the denial. 1095
Section 21. Paragraphs (f) and (g) of subsection (1) and 1096
subsection (2) of section 605.0910, Florida Statutes, are 1097
amended to read: 1098
605.0910 Withdrawal and cancellation of certificate of 1099
authority.— 1100
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(1) To cancel its certificate of authority to transact 1101
business in this state, a foreign limited liability company must 1102
deliver to the department for filing a notice of withdrawal of 1103
certificate of authority. The certificate of authority is 1104
canceled when the notice becomes effective pursuant to s. 1105
605.0207. The notice of withdrawal of certificate of authority 1106
must be signed by an authorized representative and state the 1107
following: 1108
(f) A mailing address and an e-mail address to which a 1109
party seeking to effectuate service of process the department 1110
may send mail a copy of any process served on the Secretary of 1111
State under paragraph (e). 1112
(g) A commitment to notify the department in the future of 1113
any change in its mailing address or e-mail address. 1114
(2) After the withdrawal of the foreign limited liability 1115
company is effective, service of process on the Secretary of 1116
State using the procedures set forth in s. 48.161 under this 1117
section is service on the foreign limited liability company. 1118
Upon receipt of the process, the department shall mail a copy of 1119
the process to the foreign limited liability company at the 1120
mailing address set forth under paragraph (1)(f). 1121
Section 22. Paragraph (f) of subsection (2) of section 1122
605.1045, Florida Statutes, is amended to read: 1123
605.1045 Articles of conversion. — 1124
(2) The articles of conversion must contain the following: 1125
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(f) If the converted entity is a foreign entity that does 1126
not have a certificate of authority to transact business in this 1127
state, a mailing address and an e-mail address to which a party 1128
seeking to effectuate service of process the department may send 1129
any process served on the Secretary of State department pursuant 1130
to s. 605.0117 and chapter 48. 1131
Section 23. Section 607.0504, Florida Statutes, is amended 1132
to read: 1133
607.0504 Serving Service of process, giving notice, or 1134
making a demand on a corporation. — 1135
(1) A corporation may be serv ed with process required or 1136
authorized by law in accordance with s. 48.081 and chapter 48 or 1137
chapter 49 by serving on its registered agent . 1138
(2) If a corporation ceases to have a registered agent or 1139
if its registered agent cannot with reasonable diligence be 1140
served, the process required or permitted by law may instead be 1141
served on the chair of the board, the president, any vice 1142
president, the secretary, or the treasurer of the corporation at 1143
the principal office of the corporation in this state. 1144
(3) If the process cannot be served on a corporation 1145
pursuant to subsection (1) or subsection (2), the process may be 1146
served on the secretary of state as an agent of the corporation. 1147
(4) Service of process on the secretary of state shall be 1148
made by delivering to and leaving with the department duplicate 1149
copies of the process. 1150
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(5) Service is effectuated under subsection (3) on the 1151
date shown as received by the department. 1152
(6) The department shall keep a record of each process 1153
served on the secretary of state pursuant to this subsection and 1154
record the time of and the action taken regarding the service. 1155
(2)(7) Any notice or demand on a corporation under this 1156
chapter may be given or made to the chair of the board, the 1157
president, any vice president, the secretar y, or the treasurer 1158
of the corporation; to the registered agent of the corporation 1159
at the registered office of the corporation in this state; or to 1160
any other address in this state which that is in fact the 1161
principal office of the corporation in this state. 1162
(3)(8) This section does not affect the right to serve 1163
process, give notice, or make a demand in any other manner 1164
provided by law. 1165
Section 24. Subsection (1) of section 607.1423, Florida 1166
Statutes, is amended to read: 1167
607.1423 Judicial review of de nial of reinstatement. — 1168
(1) If the department denies a corporation's application 1169
for reinstatement after administrative dissolution, the 1170
department must shall serve the corporation under either s. 1171
607.0504(1) or (2) with a written notice that explains th e 1172
reason or reasons for denial. 1173
Section 25. Section 607.15101, Florida Statutes, is 1174
amended to read: 1175
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607.15101 Serving Service of process, giving notice, or 1176
making a demand on a foreign corporation. — 1177
(1) A foreign corporation may be served with pro cess 1178
required or authorized by law in accordance with s. 48.081 and 1179
chapter 48 or chapter 49 by serving on its registered agent . 1180
(2) If a foreign corporation ceases to have a registered 1181
agent or if its registered agent cannot with reasonable 1182
diligence be served, the process required or permitted by law 1183
may instead be served on the chair of the board, the president, 1184
any vice president, the secretary, or the treasurer of the 1185
foreign corporation at the principal office of the foreign 1186
corporation in this stat e. 1187
(3) If the process cannot be served on a foreign 1188
corporation pursuant to subsection (1) or subsection (2), the 1189
process may be served on the secretary of state as an agent of 1190
the foreign corporation. 1191
(4) Service of process on the secretary of state m ay be 1192
made by delivering to and leaving with the department duplicate 1193
copies of the process. 1194
(5) Service is effectuated under subsection (3) on the 1195
date shown as received by the department. 1196
(6) The department shall keep a record of each process 1197
served on the secretary of state pursuant to this section and 1198
record the time of and the action taken regarding the service. 1199
(2)(7) Any notice or demand on a foreign corporation under 1200
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this chapter may be given or made : to the chair of the board, 1201
the president, any vice president, the secretary, or the 1202
treasurer of the foreign corporation; to the registered agent of 1203
the foreign corporation at the registered office of the foreign 1204
corporation in this state; or to any other address in this state 1205
which that is in fact the principal office of the foreign 1206
corporation in this state. 1207
(3)(8) This section does not affect the right to serve 1208
process, give notice, or make a demand in any other manner 1209
provided by law. 1210
Section 26. Paragraphs (f) and (g) of subsection (1) and 1211
subsection (2) of section 607.1520, Florida Statutes, are 1212
amended to read: 1213
607.1520 Withdrawal and cancellation of certificate of 1214
authority for foreign corporation. — 1215
(1) To cancel its certificate of authori ty to transact 1216
business in this state, a foreign corporation must deliver to 1217
the department for filing a notice of withdrawal of certificate 1218
of authority. The certificate of authority is canceled when the 1219
notice of withdrawal becomes effective pursuant to s. 607.0123. 1220
The notice of withdrawal of certificate of authority must be 1221
signed by an officer or director and state the following: 1222
(f) A mailing address and an e-mail address to which a 1223
party seeking to effectuate service of process the secretary of 1224
state may send mail a copy of any process served on the 1225
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Secretary of State under paragraph (e). 1226
(g) A commitment to notify the department in the future of 1227
any change in its mailing address or e-mail address. 1228
(2) After the withdrawal of the foreign corpora tion is 1229
effective, service of process on the Secretary of State using 1230
the procedures in s. 48.161 under this section is service on the 1231
foreign corporation. Upon receipt of the process, the secretary 1232
of state shall mail a copy of the process to the foreign 1233
corporation at the mailing address set forth under paragraph 1234
(1)(f). 1235
Section 27. Subsections (1) and (3) of section 617.0504, 1236
Florida Statutes, are amended to read: 1237
617.0504 Serving Service of process, giving notice, or 1238
making a demand on a corporati on.— 1239
(1) Process against any corporation may be served in 1240
accordance with s. 48.081 and chapter 48 or chapter 49. 1241
(3) This section does not prescribe the only means, or 1242
necessarily the required means, of serving process, giving 1243
notice, or making a demand on a corporation. 1244
Section 28. Section 617.1510, Florida Statutes, is amended 1245
to read: 1246
617.1510 Serving Service of process, giving notice, or 1247
making a demand on a foreign corporation. — 1248
(1) Process against a foreign corporation may be served in 1249
accordance with s. 48.081 and chapter 48 or chapter 49 The 1250
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registered agent of a foreign corporation authorized to conduct 1251
its affairs in this state is the corporation's agent for service 1252
of process, notice, or demand required or permitted by law to be 1253
served on the foreign corporation . 1254
(2) A foreign corporation may be served by registered or 1255
certified mail, return receipt requested, addressed to the 1256
secretary of the foreign corporation at its principal office 1257
shown in its application for a certificate of authority or in 1258
its most recent annual report if the foreign corporation: 1259
(a) Has no registered agent or its registered agent cannot 1260
with reasonable diligence be served; 1261
(b) Has withdrawn from conducting its affairs in this 1262
state under s. 617.1520; or 1263
(c) Has had its certificate of authority revoked under s. 1264
617.1531. 1265
(3) Service is perfected under subsection (2) at the 1266
earliest of: 1267
(a) The date the foreign corporation receives the mail; 1268
(b) The date shown on the return receipt, if signed on 1269
behalf of the foreign corporation; or 1270
(c) Five days after its deposit in the United States mail, 1271
as evidenced by the postmark, if mailed postpaid and correctly 1272
addressed. 1273
(4) This section does not prescribe the only means, or 1274
necessarily the required mea ns, of serving a foreign 1275
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corporation. Process against any foreign corporation may also be 1276
served in accordance with chapter 48 or chapter 49. 1277
(2)(5) Any notice to or demand on a foreign corporation 1278
made pursuant to this act may be made in accordance with the 1279
procedures for notice to or demand on domestic corporations 1280
under s. 617.0504. 1281
Section 29. Subsections (2) and (3) of section 617.1520, 1282
Florida Statutes, are amended to read: 1283
617.1520 Withdrawal of foreign corporation. — 1284
(2) A foreign corporati on authorized to conduct its 1285
affairs in this state may apply for a certificate of withdrawal 1286
by delivering an application to the Department of State for 1287
filing. The application must shall be made on forms prescribed 1288
and furnished by the Department of State and must shall set 1289
forth all of the following : 1290
(a) The name of the foreign corporation and the 1291
jurisdiction under the law under of which it is incorporated .; 1292
(b) That it is not conducting its affairs in this state 1293
and that it surrenders its authority to conduct its affairs in 1294
this state.; 1295
(c) That it revokes the authority of its registered agent 1296
to accept service on its behalf and appoints the Secretary of 1297
State Department of State as its agent for service of process 1298
based on a cause of action arisin g during the time it was 1299
authorized to conduct its affairs in this state .; 1300
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(d) A mailing address and an e-mail address to which a 1301
party seeking to effectuate service of process the Department of 1302
State may send mail a copy of any process served on it unde r 1303
paragraph (c).; and 1304
(e) A commitment to notify the Department of State in the 1305
future of any change in its mailing address or e-mail address. 1306
(3) After the withdrawal of the corporation is effective, 1307
service of process in accordance with s. 48.161 on the 1308
Department of State under this section is service on the foreign 1309
corporation. Upon receipt of the process, the Department of 1310
State shall mail a copy of the process to the foreign 1311
corporation at the mailing address set forth under subsection 1312
(2). 1313
Section 30. Section 620.1117, Florida Statutes, is amended 1314
to read: 1315
620.1117 Serving Service of process, giving notice, or 1316
making a demand on a limited partnership or a foreign limited 1317
partnership.— 1318
(1) Service of process on a limited partnership or fore ign 1319
limited partnership must be made in accordance with s. 48.061 1320
and chapter 48 or chapter 49 A registered agent appointed by a 1321
limited partnership or foreign limited partnership is an agent 1322
of the limited partnership or foreign limited partnership for 1323
service of any process, notice, or demand required or permitted 1324
by law to be served upon the limited partnership or foreign 1325
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limited partnership. 1326
(2) Any notice or demand on a limited partnership or 1327
foreign limited partnership under this chapter may be give n or 1328
made to any general partner of the limited partnership or 1329
foreign limited partnership, to the registered agent of the 1330
limited partnership or foreign limited partnership at the 1331
registered office in this state, or to any other address in this 1332
state which is in fact the principal office of the limited 1333
partnership or foreign limited partnership in this state If a 1334
limited partnership or foreign limited partnership does not 1335
appoint or maintain a registered agent in this state or the 1336
registered agent cannot w ith reasonable diligence be found at 1337
the address of the registered office, the Department of State 1338
shall be an agent of the limited partnership or foreign limited 1339
partnership upon whom process, notice, or demand may be served . 1340
(3) Service of any process, notice, or demand on the 1341
Department of State may be made by delivering to and leaving 1342
with the Department of State duplicate copies of the process, 1343
notice, or demand. 1344
(4) Service is effected under subsection (3) upon the date 1345
shown as having been receiv ed by the Department of State. 1346
(5) The Department of State shall keep a record of each 1347
process, notice, and demand served pursuant to this section and 1348
record the time of, and the action taken regarding, the service. 1349
(3)(6) This section does not affect the right to serve 1350
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process, give notice, or make a demand in any other manner 1351
provided by law. 1352
Section 31. Subsection (5) of section 620.1907, Florida 1353
Statutes, is amended to read: 1354
620.1907 Cancellation of certificate of authority; effect 1355
of failure to have certificate. — 1356
(5) If a foreign limited partnership transacts business in 1357
this state without a certificate of authority or cancels its 1358
certificate of authority, it may be served under s. 48.061(5)(b) 1359
the foreign limited partnership shall appoint t he Department of 1360
State as its agent for service of process for rights of action 1361
arising out of the transaction of business in this state . 1362
Section 32. Subsections (3) and (4) of section 620.2105, 1363
Florida Statutes, are amended to read: 1364
620.2105 Effect of conversion.— 1365
(3) A converted organization that is a foreign 1366
organization consents to the jurisdiction of the courts of this 1367
state to enforce any obligation owed by the converting limited 1368
partnership, if before the conversion the converting limited 1369
partnership was subject to suit in this state on the obligation. 1370
A converted organization that is a foreign organization and not 1371
authorized to transact business in this state appoints the 1372
Secretary of State Department of State as its agent for service 1373
of process for purposes of enforcing an obligation under this 1374
subsection and any appraisal rights of limited partners under 1375
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ss. 620.2113-620.2124 to the extent applicable to the 1376
conversion. Service on the Secretary of State Department of 1377
State under this subsection is made in the same manner and with 1378
the same consequences as in ss. 48.161 and 620.1117 s. 1379
620.1117(3) and (4). 1380
(4) A copy of the statement of conversion, certified by 1381
the Secretary of State Department of State, may be filed in any 1382
county of this state in which the converting organization holds 1383
an interest in real property. 1384
Section 33. Subsection (2) of section 620.2109, Florida 1385
Statutes, is amended to read: 1386
620.2109 Effect of merger. — 1387
(2) A surviving organization that is a foreign 1388
organization consents to the jurisdiction of the courts of this 1389
state to enforce any obligation owed by a constituent 1390
organization, if before the merger the constituent organization 1391
was subject to suit in this state on the obligation. A surviving 1392
organization that is a foreign organization and not authorized 1393
to transact business in this state shall appoint the Secretary 1394
of State Department of State as its agent for service of process 1395
for the purposes of enforcing an obligation under this 1396
subsection and any appraisa l rights of limited partners under 1397
ss. 620.2113-620.2124 to the extent applicable to the merger. 1398
Service on the Secretary of State Department of State under this 1399
subsection is made in the same manner and with the same 1400
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consequences as in ss. 48.161 and 620.1117 s. 620.1117(3) and 1401
(4). 1402
Section 34. Subsections (3) and (4) of section 620.8915, 1403
Florida Statutes, are amended to read: 1404
620.8915 Effect of conversion. — 1405
(3) A converted organization that is a foreign 1406
organization consents to the jurisdiction of the courts of this 1407
state to enforce any obligation owed by the converting 1408
partnership, if before the conversion the converting partnership 1409
was subject to suit in this state on the obligation. A converted 1410
organization that is a foreign organization and not authorized 1411
to transact business in this state shall appoint the Secretary 1412
of State Department of State as its agent for service of process 1413
for purposes of enforcing an obligation under this subsection. 1414
Service on the Secretary of State Department of State under this 1415
subsection is shall be made in the same manner and with the same 1416
consequences as provided in s. 48.161 s. 48.181. 1417
(4) A copy of the certificate of conversion, certified by 1418
the Secretary of State Department of State, may be filed in any 1419
county of this state in which the converting organization holds 1420
an interest in real property. 1421
Section 35. Subsection (2) of section 620.8919, Florida 1422
Statutes, is amended to read: 1423
620.8919 Effect of merger. — 1424
(2) A surviving organization that is a foreign 1425
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organization consents to the jurisdiction of the courts of this 1426
state to enforce any obligation owed by a constituent 1427
organization, if before the merger the constituent organization 1428
was subject to suit in this state on the obligation. A surviving 1429
organization that is a foreign organization and not authorized 1430
to transact business in this state shall appoint the Secretary 1431
of State Department of State as its agent for service of process 1432
pursuant to s. 48.161 the provisions of s. 48.181 . 1433
Section 36. Except as otherwise expressly provided in this 1434
act and except for this section, which shall take effect upon 1435
this act becoming a law, this act shall take effect January 2, 1436
2023. 1437