This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 3/17/2022
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/CS/HB 545 Service of Process
SPONSOR(S): Judiciary Committee and Civil Justice & Property Rights Subcommittee, Beltran
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1062
FINAL HOUSE FLOOR ACTION: 112 Y’s
0 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
CS/CS/HB 545 passed the House on March 7, 2022, as CS/CS/SB 1062.
“Process” is used by a court or administrative body to acquire or exercise jurisdiction over a person or property.
Original process includes an original writ or summons issued by the court as the first step in a lawsuit and
includes a notice to the party being served regarding the time and date to appear before the court. The
traditional and preferred form of service of process on a competent adult is by personal delivery to that person.
In Florida, business entities are categorized differently, depending on how each business is created and
structured. The procedures for service of process on various types of business entities are not uniform under
current law. The required methodology for service of process differs for each business entity, including
partnerships, limited partnerships, limited liability companies, foreign corporations, and domestic corporations.
A business’s registered agent need be served first only if that business is an LLC.
When a party is unable to personally serve an individual or a business entity’s representative, Florida law
allows service of process through substituted service on the Florida Secretary of State, either by personal
service or by certified mail.
The bill makes more uniform the method for serving process on business entities, by requiring each entity to
identify a registered agent for service of process. The bill expands s. 48.091, F.S., to specifically apply to
limited partnerships, limited liability limited partnerships, limited liability companies, and corporations. As such,
the bill requires each type of business entity to designate a registered agent and registered office for service of
process. The bill repeals the duty to work through the hierarchy of officers and prioritizes service of process on
a registered agent. The bill prioritizes service on certain individuals for service on public agencies and officers
that do not have a registered agent.
The bill makes other changes to current law to simplify and modernize service of process against business
entities and other specified individuals, including authorizing a court to permit service by email or other
electronic means in limited situations. Under the bill, if, after due diligence, a party is unable to effectuate
service on a corporation, general partnership, or a limited liability company, a court may authorize, upon
motion and a showing of such inability to effectuate service, other methods of service consistent with the
principles of due process.
The bill may have an insignificant fiscal impact on state government and does not appear to have a fiscal
impact on local governments.
Subject to the Governor’s veto powers, except for two sections within the bill which are effective upon
becoming law, the effective date of this bill is January 2, 2023.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
Judicial Service of Process
“Process” is used by a court or administrative body to acquire or exercise jurisdiction over a person or
property.
1
There are three primary types of process: original, mesne, and final process. Original
process includes an original writ or summons issued by the court as the first step in a lawsuit and
includes a notice to the party being served regarding the time and date to appear before the court.
Mesne process is an intermediate process issued between the original process and the final judgment.
Final process is a writ of execution pursuant to a final judgment issued in the subject legal proceeding.
Generally, service of process is made by:
Delivering a copy of the process to the person to be served; or
Leaving the process at the person’s usual place of abode
2
with any person residing there who is
fifteen years of age or older and informing that person of the contents of the process.
3
Service of Process on Business Entities
In Florida, business entities may be categorized differently depending on how each business entity is
created and structured. The procedures for service of process on various types of business entities are
not uniform under current law. Florida law recognizes the following types of business entities:
Partnerships, which are entities with two or more persons who co-own a business and share in
the profits and losses of the business.
4
Limited Partnerships, which are partnerships composed of both general and limited partners
where each partner may determine or limit his or her personal liability within the partnership; in
limited partnerships, limited partners are not responsible for the partnership’s actions, debts,
and obligations.
5
General Partnerships, which are partnerships where the rights and responsibilities are divided
equally among the partners and each partner may act on behalf of all the other partners.
6
Corporations, which are independent legal entities that exist separately from the people who
own, control, and manage them; the owners of the corporation have limited liability and the
corporation is considered to be its own, separate “person.”
7
Limited Liability Companies, which are similar to corporations in that they offer limited personal
liability, but do not have the same management requirements and obligatory formalities as a
corporation.
8
Sole Proprietorships, which are unincorporated businesses owned and operated by one
individual with no distinction between the business and the owner.
9
Partnerships
1
Black’s Law Dictionary 837 (6th ed. 1995).
2
“Usual place of abode” means the place where the party actually lives at the time of service of process. Shurman v. Atlantic Mortg. &
Inv. Corp., 795 So. 2d 952 (Fla. 2001).
3
S. 48.031(1)(a), F.S.
4
Florida Department of State, Types of Business Entities/Structures, https://dos.myflorida.com/sunbiz/start-business/corporate-
structure/ (last visited on Feb. 8, 2022).
5
Id.
6
Id.
7
Id.
8
Id.
9
Id.
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Process against a partnership may be served on any partner and is valid as if served on each individual
partner.
10
If a partner is not available during regular business hours, he or she may designate an
employee to accept service on his or her behalf.
11
Service must first be attempted upon either a partner
or his or her designated employee during regular business hours.
12
Service against a limited partnership may be served on any general partner or on the designated agent
for service of process specified in the certificate of limited partnership.
13
If a general partner cannot be
found in Florida and service cannot be made on the agent because of failure to maintain such an agent
or adequately identify such agent, service of process may be made upon the Florida Secretary of State
as agent of the limited partnership.
14
Limited Liability Company (LLC)
Service of process against a foreign or domestic LLC must first be made on the LLC’s registered
agent.
15
If service cannot be made on the registered agent because the LLC has failed to identify such
an agent or because the LLC does not have a registered agent, process against the LLC may be
served on:
A member of a member-managed LLC;
A manager of a manager-managed LLC; or
An employee designated by the member or manager to accept service on behalf of the LLC.
16
After one attempt to serve the member, manager, or designated employee, process may be served on
the person in charge of the LLC during regular business hours.
17
If process is unable to be made after
reasonable diligence under the aforementioned methods, service of process may be made by service
on the Florida Secretary of State as agent of the LLC.
18
Business entities may sometimes have authority to convert from one form or entity to another, known
as conversion. Where the converting entity is a registered LLC and the converted entity is any form of
foreign entity that is not recognized in Florida, the entity must give the Florida Secretary of State a
mailing address that can be used if the entity is served by substitute service upon the Florida Secretary
of State.
In order to cancel its certificate of authority to transact business in Florida, a foreign LLC must, in part,
furnish the Florida Secretary of State with an address that can be used should the company be served
through substitute process through the Florida Secretary of State and must commit to keeping such
record address accurate and current.
Agents of Nonresidents Doing Business in Florida
For any partnership that engages in business in Florida but does not have a principal place of business
in Florida, process may be served on the person who is in charge of a business in which the defendant
is engaged within Florida at the time of service.
19
A copy of the process with a notice of such service
must be sent by registered mail or certified mail to the partnership, and an affidavit of compliance must
be filed with the court.
20
10
S. 48.061(1), F.S.
11
Id.
12
Id.
13
S. 48.061(2), F.S.
14
Id.
15
S. 48.062(1), F.S.
16
S. 48.062(2), F.S.
17
S. 48.062(2)(c), F.S.
18
S. 48.062(3), F.S.
19
S. 48.071, F.S.
20
Id.
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Corporations
Service on a private corporation may be served on the president or vice president or other head of the
corporation.
21
In the absence of a president or vice president, service may be made on the cashier,
treasurer, secretary, or general manager.
22
In the absence of a president, vice president, cashier,
treasurer, secretary, or general manager, service may be made upon any director of the corporation.
23
If no such person or director is available, service may be made on any officer or business agent
residing in Florida.
24
Alternatively, process may be served on the corporation’s registered agent as designated by the
corporation.
25
Each Florida corporation and foreign corporation qualified to do business in Florida must
designate a registered agent in compliance with ch. 607, F.S.
26
In order to cancel its certificate of authority to transact business in Florida, a foreign corporation must,
in part, furnish the Florida Secretary of State with an address that can be used should the corporation
be served through substitute process through the Florida Secretary of State and must commit to
keeping such record address accurate and current.
Lack of Uniformity
Currently, there is not a uniform method for effectuating service on each type of business entity in
Florida. For example, a party is only required to first serve a registered agent when the entity being
served is a LLC.
27
Substituted Service
The Florida Secretary of State, as head of the Florida Department of State, is involved in many aspects
of service of process. The Division of Corporations, housed within the Department of State, accepts
business entity registrations and renewals, and maintains a publicly-accessible record of every entity,
listing a registered agent and the names of the various officers, leaders, and managers in the entity. In
some scenarios involving nonresident business entities, Florida law allows service of process through
substituted service on the Florida Secretary of State when a party is unable to personally serve the
individual or the business entity’s representative.
28
Substituted service on the Secretary of State is
effectuated by either hand delivery or by certified mail addressed to the Secretary of State, together
with a fee of $8.75. A copy of the process must be sent to the individual or entity at the last known
address by certified or registered mail.
29
Case law interpreting the statute requires that a party using
substituted service on the Secretary of State make an honest and conscientious effort, in addition to the
mailing, to provide the defendant with actual notice of the lawsuit,
30
which may be noticed through a
known email.
31
Service of Notice of Intent to Initiate Litigation for Medical Negligence
21
S. 48.081(1), F.S.
22
Id.
23
Id.
24
Id.
25
S. 48.081(3), F.S.
26
S. 48.091(1), F.S.
27
S. 48.062(1), F.S.
28
S. 48.161, F.S.; S. 48.181, F.S.
29
S. 48.161, F.S.
30
All Mobile Video v. Whitener, 773 So. 2d 587, 589-90 (Fla. 1st DCA 2000) (plaintiff knew telephone and fax number of defendant
company but did not call or fax for new address when mailed copy of process was returned).
31
Crystal Springs Partners, Ltd. v. Michael R. Band, P.A., 132 So. 3d 1230 (Fla 3rd DCA 2014) (law firm plaintiff knew former client’s
email address and should have emailed copy of process in addition to mailing).
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Florida law requires a claimant to notify each prospective defendant of his or her intent to initiate
litigation for medical negligence. Such notice may only be made by certified mail, return receipt
requested.
32
Effect of the Bill
Judicial Service of Process on Business Entities
The bill makes more uniform the methods for serving process on business entities by requiring each
business entity to designate a registered agent to accept service of process.
The bill expands s. 48.091, F.S., to specifically apply to limited partnerships, limited liability limited
partnerships, and limited liability companies as well as corporations. As such, under the bill, each type
of business entity is required to designate a registered agent and registered office for service of
process. The bill adds all forms of business entities to the statute governing registered agents and
prioritizes service of process upon the registered agent. The bill codifies the duty of a registered agent
to promptly forward the process and any related documents to the responsible person within the
business entity. Under the bill, when an agent of a nonresident doing business in Florida is served on
behalf of the nonresident, the process served is as valid as if it was served personally on the
nonresident. However, a copy of such process must be sent to the nonresident person or business and
may be sent by certified mail, registered mail, or by a commercial firm regularly engaged in the
business of document or package delivery. The party seeking to serve the nonresident is responsible
for filing an affidavit of service of such with the court.
Cancellation of Certificates of Authority and Conversion
The bill adds a requirement that a business which cancels its certificate of authority to transact
business in Florida must provide an email address along with the required mailing address to the state.
Further, the bill requires any business converting from one entity to another to provide an email
address along with the other requirements to the state.
Substituted Service
The bill modernizes substituted service upon the Florida Secretary of State, allowing such service to
the Secretary electronically or via a commercial courier service such as UPS or Federal Express. When
using substituted service on the Secretary of State, the bill:
Allows the Secretary of State to agree to receive service of process electronically.
Removes the $8.75 fee payable to the Secretary of State.
Expands the options for delivery by adding the option to use a commercial firm regularly
engaged in the business of document or package delivery as an alternative to mailing.
Requires that the party send a copy by email or other electronic means if the parties have
recently and regularly used any of those means of communication.
Requires that the party send a copy by mail or commercial delivery of the process to the last
known address of the party being served.
Requires the party to file with the court proof of delivery from the post office or commercial
service, unless the party being served is actively refusing or rejecting delivery.
Requires the party to file an affidavit showing due diligence in the search for the party being
served and the need for substituted service, together with any return receipt or other proof of
mailing or delivery, within 40 days after delivery to the Secretary of State. The court may extend
the 40 days.
Establishes that the date of service of substituted process is the date of delivery to the
Secretary of State. The Secretary of State must maintain a record of each process delivered.
32
S. 766.106(2), F.S.
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The bill also defines the due diligence necessary before resorting to substituted service on a natural
person as:
Diligent inquiry and an honest and conscientious effort appropriate to the circumstances to
acquire the information necessary to effectuate personal service;
Reasonable use of the knowledge at the party’s command, including knowledge obtained by the
diligent inquiry; and
An appropriate number of attempts to serve the party, taking into account the particular
circumstances.
The bill authorizes substituted service on the Secretary of State for nonresidents and foreign business
entities doing business in Florida or an individual or business concealing its whereabouts. Under the
bill, any individual or foreign business concealing its whereabouts is deemed to have appointed the
Secretary of State as its agent on whom service of process may be made.
Proof of Return Service
For personal service made on an individual or party in another state or territory within the United
States, a return-of-service form must be filed with the court. The return-of-service form, or any other
competent evidence, must include the time, manner, and place of service.
Service in Foreign Countries
The bill creates s. 48.197, F.S., providing requirements for the service of process on a party in a foreign
country. Service may be made on a party in a foreign country by any internationally agreed upon
means of service whereby actual notice of the proceedings is provided. If there is no internationally
agreed upon means of service, service may be made as permitted by the foreign country’s law for
service or as the foreign country directs in response to a letter rogatory or letter of request. Additionally,
unless specifically prohibited by the laws of the foreign country, service may be made by delivering a
copy of the summons and complaint to the individual or by using any type of mail which the clerk
addresses and sends to the party and requires a signed receipt. Service in a foreign country may also
be made pursuant to motion and order of the court by alternative means, including electronically by
email or other technology.
Service upon a minor or an incompetent person in a foreign country may be made as prescribed by the
foreign country’s law for service in that country, as the foreign country directs in response to a letter
rogatory or letter of request, or pursuant to motion and order of the court by alternative means.
Service by Alternative Means
The bill creates s. 48.102, F.S., which allows the court to authorize service via email or other electronic
means, by a person authorized to serve process or by an attorney, in limited cases where traditional
methods have been unsuccessful. After the serving party has shown due diligence to locate and
effectuate personal service of process on a business entity, the court may authorize service in any
other manner that the party seeking to effectuate service shows will be reasonably effective.
The bill provides that a court, upon motion and a showing of such inability to effectuate service, may
authorize other methods of service consistent with the principles of due process. In breach of contract
cases, a court may consider authorizing service in the manner provided for in the contractual notice
provision of the subject contract.
Service on Public Agencies and Officers
The bill amends s. 48.111(1), F.S., to require service against any municipal corporation, agency, board,
or commission, department, or subdivision of the state or any county to first be attempted on the
registered agent. If the entity does not have a registered agent or if the registered agent cannot be
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served after one good faith attempt, service may be on the appropriate representative in the following
order of priority:
The president, mayor, chair, or other head thereof;
The vice president, vice mayor, or vice chair;
Any member of the governing board, council, or commission, the manager of the entity, or an in-
house attorney for the entity;
Any employee of the entity at the entity’s main office.
Service of Notice of Intent to Initiate Litigation for Medical Negligence
The bill expands the methods by which a claimant may serve notice of intent to initiate medical
negligence litigation. A claimant may provide such notice by any of the following:
United States Postal Service (USPS) certified mail, return receipt requested;
USPS mail with a tracking number;
An interstate, commercial mail carrier or delivery service; or
A person authorized by law to serve process.
The bill also specifies that delivery to an address on file with the Department of Health, the Secretary of
State, or the Agency for Health Care Administration creates a rebuttable presumption that service of the
presuit notice was made. If the question of proper service is made, the court must conduct an
evidentiary hearing. If service is challenged, it must be challenged in the first response to the complaint.
If the court determines that service was properly made and the prospective defendant proves by the
greater weight of the evidence that neither they nor a person legally related to the prospective
defendant knew or should have known of the service, the court must stay the case for a presuit period
pursuant to s. 766.106, F.S. In such situation, the statute of limitations and statute of repose are tolled
from the time service was properly made at the prospective defendant’s address until the conclusion of
the presuit period.
Constructive Service by Publication
The bill amends s. 49.011, F.S., to expand the cases in which service of process by publication is
permitted. The bill authorizes constructive service by publication in a paternity case upon the legal
mother when there is no legal father established.
Service of Process on Unknown Parties in Possession
The bill creates s. 48.184, F.S., which applies only to actions governed by s. 82.03, s. 83.21, s. 83.59,
or s. 723.061, F.S., and only to the extent that those actions seek the removal of unknown parties in
possession of real property. The bill permits a landowner or landlord to serve a summons for the
removal of persons wrongfully occupying his or her property when such identities are unknown to the
landowner or landlord.
The bill allows a summons to be issued for “Unknown Parties in Possession” when filing an eviction or
detainer action rather than having to identify the party in question or identifying the parties as “John
Doe” and “Jane Doe.” The clerk of court is required to issue a summons in the name of “Unknown Party
in Possession.” The property owner must make three attempts at service, one during business hours,
one during nonbusiness hours, and one on a weekend.
33
On each attempt the process server must
inquire as to the name of the unknown occupant. The property owner must have a copy of the process
mailed by the clerk of court to the unknown party in possession at the property address and must post a
copy of the process conspicuously on the property. The date of service for purposes of calculating the
deadline for a defendant to file an answer is the later of the date of personal service, the date of posting
on the property, or the date the clerk mails the process. If the inquiry discovers the name of the
unknown person in possession, the person must be named in the pleadings. If the name is not known
33
In general, service of process may not be made on a Sunday. Section 48.20, F.S.
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and the legal requirements of eviction are met, the clerk may issue a writ of possession against an
unknown person and the sheriff may remove any person in the property.
Effective Date
The bill provides an effective date of January 2, 2023, except for the following two provisions, which are
effective upon the bill becoming law:
Section 17, which amends s. 766.106, F.S., relating to service of notice of intent to initiate
litigation for medical negligence.
Section 36, which establishes the effective date of the bill.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill removes an $8.75 fee payable to the Secretary of State for substituted service, which may
have an insignificant negative fiscal impact on state government.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may lower litigation costs for plaintiffs and defendants by streamlining service of process and
authorizing additional methods of service such as electronic service, courier service, or interstate
delivery services.
D. FISCAL COMMENTS:
None.