Florida 2022 Regular Session

Florida House Bill H0545 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	~~CS/~~CS/HB 545 2022
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10	10		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
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12	12
13	13
14	14		A bill to be entitled 1
15	15		An act relating to service of process; amending s. 2
16	16		15.16, F.S.; authorizing the Department of State to 3
17	17		electronically receive service of process under ch. 4
18	18		48, F.S.; amending s. 48.061, F.S.; revising 5
19	19		procedures for service on partnerships, limited 6
20	20		liability partnerships, and limited partnerships; 7
21	21		amending s. 48.062, F.S.; defining the term 8
22	22		"registered foreign limited liability company"; 9
23	23		revising procedures for service on a domestic limited 10
24	24		liability company or registered foreign limited 11
25	25		liability company; a mending s. 48.071, F.S.; providing 12
26	26		for service on nonresidents doing business in this 13
27	27		state by use of a commercial firm regularly engaged in 14
28	28		the business of document or package delivery; amending 15
29	29		s. 48.081, F.S.; defining the term "registered foreign 16
30	30		corporation"; revising requirements for service on a 17
31	31		domestic corporation or registered foreign 18
32	32		corporation; amending s. 48.091, F.S.; defining terms; 19
33	33		requiring designation of registered agents and 20
34	34		registered offices by certain partnerships, 21
35	35		corporations, and companies; specifying duties of a 22
36	36		registered agent; authorizing a person serving process 23
37	37		to serve certain persons under specified conditions; 24
38	38		amending s. 48.101, F.S.; providing for service on 25
39	39
40		-	~~CS/~~CS/HB 545 2022
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47	47		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	48
49	49
50	50
51	51		dissolved corporations, dissolved limited liability 26
52	52		companies, dissolved limited partnerships, and 27
53	53		dissolved limited liability partnerships; creating s. 28
54	54		48.102, F.S.; authorizing service by other means in 29
55		-	certain circumstances; amending s. 48.111, F.S.; 30
56		-	revising provisions related to service on public 31
57		-	agencies and officers; authorizing service on 32
58		-	specified persons under certain circumstances; 33
59		-	amending s. 48.151, F.S.; revising the applicability 34
60		-	of provisions relating to service on statutory agents 35
61		-	for certain persons; amending s. 48.161, F.S.; 36
62		-	revising provisions relati ng to substituted service; 37
63		-	providing for substituted service on individuals or 38
64		-	corporations or other business entities; specifying 39
65		-	actions that may be considered due diligence in 40
66		-	effectuating service; specifying when service is 41
67		-	considered effectuated; requ iring the Department of 42
68		-	State to maintain certain records; amending s. 48.181, 43
69		-	F.S.; defining the term "foreign business entity"; 44
70		-	revising provisions relating to substituted service; 45
71		-	providing for substituted service on certain 46
72		-	nonresidents and foreign bus iness entities and on 47
73		-	individuals and foreign business entities concealing 48
74		-	their whereabouts; creating s. 48.184, F.S.; providing 49
75		-	for service of process for removal of unknown parties 50
76		-
77		-	CS/CS/HB 545 2022
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84		-	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
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86		-
87		-
88		-	in possession of real property; amending s. 48.194, 51
89		-	F.S.; revising provi sions relating to service outside 52
90		-	this state but within the United States; deleting 53
91		-	provisions relating to service outside the United 54
92		-	States; creating s. 48.197, F.S.; providing for 55
93		-	service in a foreign country; amending s. 49.011, 56
94		-	F.S.; providing for cons tructive service on the legal 57
95		-	mother in certain situations; amending s. 766.106, 58
96		-	F.S.; revising requirements for service of presuit 59
97		-	notice before filing a medical negligence complaint; 60
98		-	creating a rebuttable presumption that service was 61
99		-	received by a prospe ctive defendant in certain 62
100		-	circumstances; providing court duties if service is 63
101		-	challenged during subsequent litigation; revising 64
102		-	provisions concerning tolling of the statute of 65
103		-	limitations upon service of presuit notice by 66
104		-	specified means; specifying that the terms 67
105		-	"prospective" and "potential" are interchangeable; 68
106		-	amending ss. 495.145, 605.0117, 605.09091, 605.0910, 69
107		-	605.1045, 607.0504, 607.1423, 607.15101, 607.1520, 70
108		-	617.0504, 617.1510, 617.1520, 620.1117, 620.1907, 71
109		-	620.2105, 620.2109, 620.8915, and 620.891 9, F.S.; 72
110		-	conforming cross-references and provisions to changes 73
111		-	made by the act; providing effective dates. 74
112		-	75
113		-
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121		-	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
122		-
123		-
124		-
125		-	Be It Enacted by the Legislature of the State of Florida: 76
126		-	77
127		-	Section 1. Subsection (3) of section 15.16, Florida 78
128		-	Statutes, is amended to read: 79
129		-	15.16 Reproduction of records; admissibility in evidence; 80
130		-	electronic receipt and transmission of records; certification; 81
131		-	acknowledgment.— 82
132		-	(3) The Department of State may cause to be received 83
133		-	electronically any records that are required or authorized to be 84
134		-	filed with it pursuant to chapter 48, chapter 55, chapter 117, 85
135		-	chapter 118, chapter 495, chapter 605, chapter 606, chapter 607, 86
136		-	chapter 610, chapter 617, chapter 620, chapter 621, chapter 679, 87
137		-	chapter 713, or chapter 865, through facsimile or other 88
138		-	electronic transfers, for the purpose of filing such records. 89
139		-	The originals of all such electronically transmitted records 90
140		-	must be executed in the manner provided in paragraph (5)(b). The 91
141		-	receipt of such electronic transfer constitutes delivery to the 92
142		-	department as required by law. The department may use electronic 93
143		-	transmissions for purposes of notice in the administration of 94
144		-	chapters 48, 55, 117, 118, 495, 605, 606, 607, 610, 617, 620, 95
145		-	621, 679, and 713 and s. 865.09. The Department of State may 96
146		-	collect e-mail addresses for purposes of notice and 97
147		-	communication in the performance of its duties and may require 98
148		-	filers and registrants to furnish such e -mail addresses when 99
149		-	presenting documents for filing. 100
150		-
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158		-	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
159		-
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161		-
162		-	Section 2. Section 48.061, Florida Statutes, is amended to 101
163		-	read: 102
164		-	48.061 Service on partnerships , limited liability 103
165		-	partnerships, and limited partnerships. — 104
166		-	(1)(a) Process against a partnership that is not a limited 105
167		-	liability partnership or a limited partnership, including a 106
168		-	limited liability limited partne rship, must shall be served on 107
169		-	any partner and is as valid for service on the partnership as if 108
170		-	served on each individual partner. 109
171		-	1. If a partner is not available during regular business 110
172		-	hours to accept service on behalf of the partnership, he or she 111
173		-	may designate an employee or agent to accept such service. 112
174		-	2. After one attempt to serve a partner or designated 113
175		-	employee or agent for service of process has been made, process 114
176		-	may be served on a person in charge of the partnership during 115
177		-	regular business hours. 116
178		-	(b) If the partnership designated an agent when 117
179		-	registering as a general partnership with the Department of 118
180		-	State, service on the agent is as valid for service on the 119
181		-	partnership as if served on each individual partner; however, 120
182		-	unless individual partners are served, the plaintiff may only 121
183		-	proceed to judgment and execution against the assets of the 122
184		-	partnership. 123
185		-	(2)(a) Process against a domestic limited liability 124
186		-	partnership must first be served on the then -current registered 125
187		-
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195		-	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
196		-
197		-
198		-
199		-	agent for service of process specified in its statement of 126
200		-	qualification, in its statement of qualification as amended or 127
201		-	restated, or as redesignated in its annual report or change of 128
202		-	agent filing and is as valid for service on the limited 129
203		-	liability partnership as if served o n each individual partner. 130
204		-	If service cannot be made on the registered agent because the 131
205		-	domestic limited liability partnership ceases to have a 132
206		-	registered agent, or if the registered agent cannot otherwise be 133
207		-	served after one good faith attempt because of a failure to 134
208		-	comply with this chapter or chapter 620, the process may be 135
209		-	served on any partner. 136
210		-	1. If a partner is not available during regular business 137
211		-	hours to accept service on behalf of the partnership, he or she 138
212		-	may designate an employee to accept such service. 139
213		-	2. After one attempt to serve a partner or designated 140
214		-	employee has been made, process may be served on a person in 141
215		-	charge of the partnership during regular business hours. 142
216		-	(b) If, after due diligence, the process cannot be 143
217		-	completed under paragraph (a), the process may be served as 144
218		-	provided in s. 48.161 on the Secretary of State as an agent of 145
219		-	the domestic limited liability partnership or by order of the 146
220		-	court under s. 48.102. 147
221		-	(3)(a)1. Process against a domestic limited partnership, 148
222		-	including a domestic limited liability limited partnership, must 149
223		-	first be served on the then -current agent for service of process 150
224		-
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232		-	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
233		-
234		-
235		-
236		-	specified in its certificate of limited partnership, in its 151
237		-	certificate as amended or restated, or as redesignated in its 152
238		-	annual report or change of agent filing and is as valid for 153
239		-	service on the domestic limited partnership as if served on each 154
240		-	individual general partner of the partnership. 155
241		-	2. If service cannot be made on the registered agent 156
242		-	because the domestic limited partners hip or domestic limited 157
243		-	liability limited partnership ceases to have a registered agent, 158
244		-	or if the registered agent cannot otherwise be served following 159
245		-	one good faith attempt because of a failure to comply with this 160
246		-	chapter or chapter 620, the process may be served on any general 161
247		-	partner. 162
248		-	3. After service on a general partner or the registered 163
249		-	agent, the plaintiff may proceed to judgment and execution 164
250		-	against the assets of the domestic limited partnership or of 165
251		-	that general partner, unless the domestic l imited partnership is 166
252		-	a limited liability limited partnership. 167
253		-	(b) If, after due diligence, the process cannot be 168
254		-	completed under paragraph (a), then process may be served as 169
255		-	provided in s. 48.161 on the Secretary of State as an agent of 170
256		-	the limited partnership or by order of the court under s. 171
257		-	48.102. 172
258		-	(4)(a) Process against a foreign limited liability 173
259		-	partnership that was required to comply with s. 620.9102 may be 174
260		-	served as prescribed under subsection (2). 175
261		-
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269		-	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
270		-
271		-
272		-
273		-	(b) A foreign limited liability partnership engaging in 176
274		-	business in this state but not registered is considered, for 177
275		-	purposes of service of process, a nonresident engaging in 178
276		-	business in this state and may be served pursuant to s. 48.181 179
277		-	or by order of the court under s. 48.102. 180
278		-	(5)(a) Process against a foreign limited partnership that 181
279		-	was required to comply with s. 620.1902 may be served as 182
280		-	prescribed under subsection (3). 183
281		-	(b) A foreign limited partnership engaging in business in 184
282		-	this state but not registered is considered, for purposes of 185
283		-	service of process, a nonresident engaging in business in this 186
284		-	state and may be served pursuant to s. 48.181 or by order of the 187
285		-	court under s. 48.102 After one attempt to serve a partner or 188
286		-	designated employee has been made, process may be served on the 189
287		-	person in charge of the partnership during regular business 190
288		-	hours. After service on any partner, plaintiff may proceed to 191
289		-	judgment and execution against that partner and the assets of 192
290		-	the partnership. After service on a designated employee or other 193
291		-	person in charge, plaintiff may proceed to judgment and 194
292		-	execution against the partnership assets but not against the 195
293		-	individual assets of any partner . 196
294		-	(2) Process against a domestic limited partnership may be 197
295		-	served on any general partner or on the agent for service o f 198
296		-	process specified in its certificate of limited partnership or 199
297		-	in its certificate as amended or restated and is as valid as if 200
298		-
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306		-	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
307		-
308		-
309		-
310		-	served on each individual member of the partnership. After 201
311		-	service on a general partner or the agent, the plaintiff may 202
312		-	proceed to judgment and execution against the limited 203
313		-	partnership and all of the general partners individually. If a 204
314		-	general partner cannot be found in this state and service cannot 205
315		-	be made on an agent because of failure to maintain such an agent 206
316		-	or because the agent cannot be found or served with the exercise 207
317		-	of reasonable diligence, service of process may be effected by 208
318		-	service upon the Secretary of State as agent of the limited 209
319		-	partnership as provided for in s. 48.181. Service of process may 210
320		-	be made under ss. 48.071 and 48.21 on limited partnerships. 211
321		-	(3) Process against a foreign limited partnership may be 212
322		-	served on any general partner found in the state or on any agent 213
323		-	for service of process specified in its application for 214
324		-	registration and is as valid as if served on each individual 215
325		-	member of the partnership. If a general partner cannot be found 216
326		-	in this state and an agent for service of process has not been 217
327		-	appointed or, if appointed, the agent's authority has been 218
328		-	revoked or the agent cannot be found or serv ed with the exercise 219
329		-	of reasonable diligence, service of process may be effected by 220
330		-	service upon the Secretary of State as agent of the limited 221
331		-	partnership as provided for in s. 48.181, or process may be 222
332		-	served as provided in ss. 48.071 and 48.21. 223
333		-	Section 3. Section 48.062, Florida Statutes, is amended to 224
334		-	read: 225
335		-
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343		-	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
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345		-
346		-
347		-	48.062 Service on a domestic limited liability company or 226
348		-	registered foreign limited liability company .— 227
349		-	(1) As used in this section, the term "registered foreign 228
350		-	limited liability company" m eans a foreign limited liability 229
351		-	company that has an active certificate of authority to transact 230
352		-	business in this state pursuant to a record filed with the 231
353		-	Department of State. 232
354		-	(2) Process against A domestic limited liability company , 233
355		-	domestic or registered foreign limited liability company , may be 234
356		-	served with process required or authorized by law by service on 235
357		-	its the registered agent designated by the domestic limited 236
358		-	liability company or registered foreign limited liability 237
359		-	company under chapter 605. A person attempting to serve process 238
360		-	pursuant to this subsection may serve the process on any 239
361		-	employee of the registered agent during the first attempt at 240
362		-	service even if the registered agent is a natural person and is 241
363		-	temporarily absent from his or her off ice. 242
364		-	(3)(2) If service cannot be made on a registered agent of 243
365		-	the domestic limited liability company or registered foreign 244
366		-	limited liability company because the domestic limited liability 245
367		-	company or registered foreign limited liability company ceases 246
368		-	to have a registered agent, or if the registered agent of the 247
369		-	domestic limited liability company or registered foreign limited 248
370		-	liability company cannot otherwise be served after one good 249
371		-	faith attempt because of a failure to comply with this chapter 250
372		-
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380		-	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
381		-
382		-
383		-
384		-	or chapter 605 or because the limited liability company does not 251
385		-	have a registered agent, or if its registered agent cannot with 252
386		-	reasonable diligence be served, process against the limited 253
387		-	liability company, domestic or foreign , the process may be 254
388		-	served on any of the following: 255
389		-	(a) Any manager of a manager -managed domestic limited 256
390		-	liability company or registered foreign limited liability 257
391		-	company. On a member of a member -managed limited liability 258
392		-	company; 259
393		-	(b) Any member of a member -managed domestic limited 260
394		-	liability company or registered foreign limited liability 261
395		-	company. On a manager of a manager -managed limited liability 262
396		-	company; or 263
397		-	(c) Any person listed publicly by the domestic limited 264
398		-	liability company or registered foreign limited liability 265
399		-	company on its latest annual report, as most recently amended If 266
400		-	a member or manager is not available during regular business 267
401		-	hours to accept service on behalf of the limited liability 268
402		-	company, he, she, or it may designate an employee of the limited 269
403		-	liability company to accept such service. After one attempt to 270
404		-	serve a member, manager, or designated employee has been made, 271
405		-	process may be served on the person in charge of the limited 272
406		-	liability company during regular business hours . 273
407		-	(4)(3) If, after due reasonable diligence, the service of 274
408		-	process cannot be completed under subsection (2) and if either: 275
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417		-	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
418		-
419		-
420		-
421		-	(a) The only person listed publicly by the domestic 276
422		-	limited liability company or registered foreign limited 277
423		-	liability company on its latest annual report, as most recentl y 278
424		-	amended, is also the registered agent on whom service was 279
425		-	attempted under subsection (2); or 280
426		-	(b) After due diligence, service was attempted on at least 281
427		-	one person listed publicly by the domestic limited liability 282
428		-	company or registered foreign limited l iability company on its 283
429		-	latest annual report, as most recently amended, and cannot be 284
430		-	completed on such person under subsection (3) (1) or subsection 285
431		-	(2), 286
432		-	287
433		-	the service of process may be served as provided in s. 48.161 on 288
434		-	effected by service upon the Secretary of State as an agent of 289
435		-	the domestic limited liability company or the registered foreign 290
436		-	limited liability company or by order of the court under s. 291
437		-	48.102 as provided for in s. 48.181 . 292
438		-	(5)(4) If the address for the registered agent or any 293
439		-	person listed publicly by the domestic limited liability company 294
440		-	or registered foreign limited liability company on its latest 295
441		-	annual report, as most recently amended , member, or manager is a 296
442		-	residence, a private mailbox, a virtual office, or an executive 297
443		-	office or mini suite, service on the domestic limited liability 298
444		-	company or registered foreign limited liability company may be 299
445		-	made by serving any of the following: 300
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454		-	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
455		-
456		-
457		-
458		-	(a) The registered agent of the domestic limited liability 301
459		-	company or registered foreign limited li ability company, in 302
460		-	accordance with s. 48.031. 303
461		-	(b) Any person listed publicly by the domestic limited 304
462		-	liability company or registered foreign limited liability 305
463		-	company on its latest annual report, as most recently amended, 306
464		-	in accordance with s. 48.031. 307
465		-	(c) Any, member, or manager of the domestic limited 308
466		-	liability company or registered foreign limited liability 309
467		-	company, in accordance with s. 48.031. 310
468		-	(6) A foreign limited liability company engaging in 311
469		-	business in this state which is not registered is co nsidered, 312
470		-	for purposes of service of process, a nonresident engaging in 313
471		-	business in this state and may be served pursuant to s. 48.181 314
472		-	or by order of the court under s. 48.102. 315
473		-	(7)(5) This section does not apply to service of process 316
474		-	on insurance companies. 317
475		-	Section 4. Section 48.071, Florida Statutes, is amended to 318
476		-	read: 319
477		-	48.071 Service on agents of nonresidents doing business in 320
478		-	the state.—When any natural person or partnership not residing 321
479		-	or having a principal place of business in this state engages in 322
480		-	business in this state, process may be served on the person who 323
481		-	is in charge of any business in which the defendant is engaged 324
482		-	within this state at the time of service, including agents 325
483		-
484		-	CS/CS/HB 545 2022
485		-
486		-
487		-
488		-	CODING: Words stricken are deletions; words underlined are additions.
489		-	hb0545-02-c2
490		-	Page 14 of 58
491		-	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
492		-
493		-
494		-
495		-	soliciting orders for goods, wares, merchandise , or services. 326
496		-	Any process so served is as valid as if served personally on the 327
497		-	nonresident person or partnership engaging in business in this 328
498		-	state in any action against the person or partnership aris ing 329
499		-	out of such business. A copy of such process with a notice of 330
500		-	service on the person in charge of such business must shall be 331
501		-	sent forthwith to the nonresident person or partnership by 332
502		-	registered mail; by or certified mail, return receipt requested ; 333
503		-	or by use of a commercial firm regularly engaged in the business 334
504		-	of document or package delivery. The party seeking to effectuate 335
505		-	service, or the attorney for such party, shall prepare . an 336
506		-	affidavit of compliance with this section which must shall be 337
507		-	filed before the return day or within such further time as the 338
508		-	court may allow. 339
509		-	Section 5. Section 48.081, Florida Statutes, is amended to 340
510		-	read: 341
511		-	48.081 Service on a domestic corporation or registered 342
512		-	foreign corporation.— 343
513		-	(1) As used in this section, the t erm "registered foreign 344
514		-	corporation" means a foreign corporation that has an active 345
515		-	certificate of authority to transact business in this state 346
516		-	pursuant to a record filed with the Department of State. 347
517		-	(2) A domestic corporation or a registered foreign 348
518		-	corporation may be served with process required or authorized by 349
519		-	law by service on its registered agent designated by the 350
520		-
521		-	CS/CS/HB 545 2022
522		-
523		-
524		-
525		-	CODING: Words stricken are deletions; words underlined are additions.
526		-	hb0545-02-c2
527		-	Page 15 of 58
528		-	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
529		-
530		-
531		-
532		-	corporation under chapter 607 or chapter 617, as applicable. 351
533		-	(3) If service cannot be made on a registered agent of the 352
534		-	domestic corporation or registered foreign corporation because 353
535		-	the domestic corporation or registered foreign corporation 354
536		-	ceases to have a registered agent, or if the registered agent of 355
537		-	the domestic corporation or registered foreign corporation 356
538		-	cannot otherwise be serv ed after one good faith attempt because 357
539		-	of a failure to comply with this chapter, chapter 607, or 358
540		-	chapter 617, as applicable, the process may be served on either 359
541		-	of the following Process against any private corporation, 360
542		-	domestic or foreign, may be served : 361
543		-	(a) The chair of the board of directors, On the president, 362
544		-	any or vice president, the secretary, or the treasurer or other 363
545		-	head of the domestic corporation or registered foreign 364
546		-	corporation.; 365
547		-	(b) Any person listed publicly by the domestic corporation 366
548		-	or registered foreign corporation on its latest annual report, 367
549		-	as most recently amended In the absence of any person described 368
550		-	in paragraph (a), on the cashier, treasurer, secretary, or 369
551		-	general manager; 370
552		-	(c) In the absence of any person described in paragr aph 371
553		-	(a) or paragraph (b), on any director; or 372
554		-	(d) In the absence of any person described in paragraph 373
555		-	(a), paragraph (b), or paragraph (c), on any officer or business 374
556		-	agent residing in the state . 375
557		-
558		-	CS/CS/HB 545 2022
559		-
560		-
561		-
562		-	CODING: Words stricken are deletions; words underlined are additions.
563		-	hb0545-02-c2
564		-	Page 16 of 58
565		-	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
566		-
567		-
568		-
569		-	(4) If, after due diligence, the process cannot be 376
570		-	completed under subsection (2) and if either: 377
571		-	(a) The only person listed publicly by the domestic 378
572		-	corporation or registered foreign corporation on its latest 379
573		-	annual report, as most recently amended, is also the registered 380
574		-	agent on whom service was attempted u nder subsection (2); or 381
575		-	(b) After due diligence, service was attempted on at least 382
576		-	one person listed publicly by the domestic corporation or 383
577		-	registered foreign corporation on its latest annual report, as 384
578		-	most recently amended, and cannot be completed on such person 385
579		-	under subsection (3), 386
580		-	387
581		-	the process may be served as provided in s. 48.161 on the 388
582		-	Secretary of State as an agent of the domestic corporation or 389
583		-	registered foreign corporation or by order of the court under s. 390
584		-	48.102 391
585		-	(2) If a foreign corporatio n has none of the foregoing 392
586		-	officers or agents in this state, service may be made on any 393
587		-	agent transacting business for it in this state . 394
588		-	(3)(a) As an alternative to all of the foregoing, process 395
589		-	may be served on the agent designated by the corporation u nder 396
590		-	s. 48.091. However, if service cannot be made on a registered 397
591		-	agent because of failure to comply with s. 48.091, service of 398
592		-	process shall be permitted on any employee at the corporation's 399
593		-	principal place of business or on any employee of the registere d 400
594		-
595		-	CS/CS/HB 545 2022
596		-
597		-
598		-
599		-	CODING: Words stricken are deletions; words underlined are additions.
600		-	hb0545-02-c2
601		-	Page 17 of 58
602		-	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
603		-
604		-
605		-
606		-	agent. A person attempting to serve process pursuant to this 401
607		-	paragraph may serve the process on any employee of the 402
608		-	registered agent during the first attempt at service even if the 403
609		-	registered agent is temporarily absent from his or her office. 404
610		-	(5)(b) If the address for the registered agent or any 405
611		-	person listed publicly by the domestic corporation or registered 406
612		-	foreign corporation on its latest annual report, as most 407
613		-	recently amended, officer, director, or principal place of 408
614		-	business is a residence, a private mailbox, a virtual office, or 409
615		-	an executive office or mini suite, service on the domestic 410
616		-	corporation or registered foreign corporation may be made by 411
617		-	serving any of the following: 412
618		-	(a) The registered agent of the domestic corpor ation or 413
619		-	registered foreign corporation , officer, or director in 414
620		-	accordance with s. 48.031. 415
621		-	(b) Any person listed publicly by the domestic corporation 416
622		-	or registered foreign corporation on its latest annual report, 417
623		-	as most recently amended, in accordance with s. 48.031. 418
624		-	(c) Any person serving in one of the positions specified 419
625		-	in paragraph (3)(a), in accordance with s. 48.031. 420
626		-	(6) A foreign corporation engaging in business in this 421
627		-	state which is not registered is considered, for purposes of 422
628		-	service of process, a nonresident engaging in business in this 423
629		-	state and may be served pursuant to s. 48.181 or by order of the 424
630		-	court under s. 48.102. 425
631		-
632		-	CS/CS/HB 545 2022
633		-
634		-
635		-
636		-	CODING: Words stricken are deletions; words underlined are additions.
637		-	hb0545-02-c2
638		-	Page 18 of 58
639		-	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
640		-
641		-
642		-
643		-	(7)(4) This section does not apply to service of process 426
644		-	on insurance companies. 427
645		-	(5) When a corporation engages i n substantial and not 428
646		-	isolated activities within this state, or has a business office 429
647		-	within the state and is actually engaged in the transaction of 430
648		-	business therefrom, service upon any officer or business agent 431
649		-	while on corporate business within this stat e may personally be 432
650		-	made, pursuant to this section, and it is not necessary in such 433
651		-	case that the action, suit, or proceeding against the 434
652		-	corporation shall have arisen out of any transaction or 435
653		-	operation connected with or incidental to the business being 436
654		-	transacted within the state. 437
655		-	Section 6. Section 48.091, Florida Statutes, is amended to 438
656		-	read: 439
657		-	48.091 Partnerships, corporations, and limited liability 440
658		-	companies; designation of registered agent and registered 441
659		-	office.— 442
660		-	(1) As used in this section, th e term: 443
661		-	(a) "Registered foreign corporation" and "registered 444
662		-	foreign limited liability company" have the same meanings as in 445
663		-	ss. 48.081 and 48.062, respectively. 446
664		-	(b) "Registered foreign limited liability partnership" or 447
665		-	"registered foreign limited partnership" means a foreign limited 448
666		-	liability partnership or foreign limited partnership that has an 449
667		-	active certificate of authority to transact business in this 450
668		-
669		-	CS/CS/HB 545 2022
670		-
671		-
672		-
673		-	CODING: Words stricken are deletions; words underlined are additions.
674		-	hb0545-02-c2
675		-	Page 19 of 58
676		-	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
677		-
678		-
679		-
680		-	state pursuant to a record filed with the Department of State. 451
681		-	(2) Every domestic limited liability partnership; domestic 452
682		-	limited partnership, including limited liability limited 453
683		-	partnerships; domestic corporation; domestic limited liability 454
684		-	company; registered foreign limited liability partnership; 455
685		-	registered foreign limited partnership, including limited 456
686		-	liability limited partnerships; registered foreign corporation; 457
687		-	and registered foreign limited liability company Florida 458
688		-	corporation and every foreign corpor ation now qualified or 459
689		-	hereafter qualifying to transact business in this state shall 460
690		-	designate a registered agent and registered office in accordance 461
691		-	with chapter 605, part I of chapter 607, chapter 617, or chapter 462
692		-	620, as applicable. 463
693		-	(3)(2) Every domestic limited liability partnership; 464
694		-	domestic limited partnership, including limited liability 465
695		-	limited partnerships; domestic corporation; domestic limited 466
696		-	liability company; registered foreign limited liability 467
697		-	partnership; registered foreign limited partner ship, including 468
698		-	limited liability limited partnerships; registered foreign 469
699		-	corporation; registered foreign limited liability company; and 470
700		-	domestic or foreign general partnership that elects to designate 471
701		-	a registered agent shall cause the designated registe red agent 472
702		-	to corporation shall keep the designated registered office open 473
703		-	from at least 10 a.m. to 12 noon each day except Saturdays, 474
704		-	Sundays, and legal holidays, and shall cause the designated 475
705		-
706		-	CS/CS/HB 545 2022
707		-
708		-
709		-
710		-	CODING: Words stricken are deletions; words underlined are additions.
711		-	hb0545-02-c2
712		-	Page 20 of 58
713		-	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
714		-
715		-
716		-
717		-	registered agent to keep one or more individuals who are, or a re 476
718		-	representatives of, the designated registered agents on whom 477
719		-	process may be served at the office during these hours. The 478
720		-	corporation shall keep a sign posted in the office in some 479
721		-	conspicuous place designating the name of the corporation and 480
722		-	the name of its registered agent on whom process may be served 481
723		-	at the office during these hours . 482
724		-	(4) A person attempting to serve process pursuant to this 483
725		-	section on a registered agent that is other than a natural 484
726		-	person may serve the process on any employee of the registered 485
727		-	agent. A person attempting to serve process pursuant to this 486
728		-	section on a natural person, if the natural person is 487
729		-	temporarily absent from his or her office, may serve the process 488
730		-	during the first attempt at service on any employee of such 489
731		-	natural person. 490
732		-	(5) The registered agent shall promptly forward copies of 491
733		-	the process and any other papers received in connection with the 492
734		-	service to a responsible person in charge of the business 493
735		-	entity. Failure to comply with this subsection does not 494
736		-	invalidate the service of process. 495
737		-	Section 7. Section 48.101, Florida Statutes, is amended to 496
738		-	read: 497
739		-	48.101 Service on dissolved corporations , dissolved 498
740		-	limited liability companies, dissolved limited partnerships, and 499
741		-	dissolved limited liability partnershi ps.— 500
742		-
743		-	CS/CS/HB 545 2022
744		-
745		-
746		-
747		-	CODING: Words stricken are deletions; words underlined are additions.
748		-	hb0545-02-c2
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750		-	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
751		-
752		-
753		-
754		-	(1) Process against the directors of any corporation that 501
755		-	which was dissolved before July 1, 1990, as trustees of the 502
756		-	dissolved corporation must shall be served on one or more of the 503
757		-	directors of the dissolved corporation as trustees thereof and 504
758		-	binds all of the directors of the dissolved corporation as 505
759		-	trustees thereof. Process against any other dissolved 506
760		-	corporation shall be served in accordance with s. 48.081. 507
761		-	(2)(a) Process against any other dissolved domestic 508
762		-	corporation must be served in acco rdance with s. 48.081. 509
763		-	(b) In addition, provided that service was first properly 510
764		-	attempted on the registered agent pursuant to s. 48.081(2), but 511
765		-	was not successful, service may then be attempted as required 512
766		-	under s. 48.081(3). In addition to the persons listed in s. 513
767		-	48.081(3), service may then be attempted on the person appointed 514
768		-	by the circuit court as the trustee, custodian, or receiver 515
769		-	under s. 607.1405(6). 516
770		-	(c) A party attempting to serve a dissolved domestic for -517
771		-	profit corporation under this section may petition the court to 518
772		-	appoint one of the persons specified in s. 607.1405(6) to 519
773		-	receive service of process on behalf of the corporation. 520
774		-	(3)(a) Process against any dissolved domestic limited 521
775		-	liability company must be served in accordance with s. 48. 062. 522
776		-	(b) In addition, provided that service was first properly 523
777		-	attempted on the registered agent pursuant to s. 48.062(2), but 524
778		-	was not successful, service may then be attempted as required 525
779		-
780		-	CS/CS/HB 545 2022
781		-
782		-
783		-
784		-	CODING: Words stricken are deletions; words underlined are additions.
785		-	hb0545-02-c2
786		-	Page 22 of 58
787		-	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
788		-
789		-
790		-
791		-	under s. 48.062(3). In addition to the persons listed in s. 526
792		-	48.062(3), service on a dissolved domestic limited liability 527
793		-	company may be made on the person appointed as the liquidator, 528
794		-	trustee, or receiver under s. 605.0709. 529
795		-	(c) A party attempting to serve a dissolved domestic 530
796		-	limited liability company under this secti on may petition the 531
797		-	court to appoint one of the persons specified in s. 605.0709(5) 532
798		-	to receive service of process on behalf of the limited liability 533
799		-	company. 534
800		-	(4) Process against any dissolved domestic limited 535
801		-	partnership must be served in accordance with s. 48.061. 536
802		-	Section 8. Section 48.102, Florida Statutes, is created to 537
803		-	read: 538
804		-	48.102 Service by other means. —If, after due diligence, a 539
805		-	party seeking to effectuate service is unable to effectuate 540
806		-	personal service of process on a domestic or foreign 541
807		-	corporation; a domestic or foreign general partnership, 542
808		-	including a limited liability partnership; a domestic or foreign 543
809		-	limited partnership, including a limited liability limited 544
810		-	partnership; or a domestic or foreign limited liability company, 545
811		-	the court, upon motion and a showing of such inability, may 546
812		-	authorize service in any other manner that the party seeking to 547
813		-	effectuate service shows will be reasonably effective to give 548
814		-	the entity on which service is sought to be effectuated actual 549
815		-	notice of the suit. Such other manners of service may include 550
816		-
817		-	CS/CS/HB 545 2022
818		-
819		-
820		-
821		-	CODING: Words stricken are deletions; words underlined are additions.
822		-	hb0545-02-c2
823		-	Page 23 of 58
824		-	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
825		-
826		-
827		-
828		-	service electronically by e -mail or other technology by any 551
829		-	person authorized to serve process in accordance with this 552
830		-	chapter or by an attorney. The court may authorize other methods 553
831		-	of service consistent with the principles of due process. In 554
832		-	suits involving a breach of contract, the court may consider 555
833		-	authorizing the parties to effectuate service in the manner 556
834		-	provided for in the contractual notice provision of the subject 557
835		-	contract. 558
836		-	Section 9. Subsection (1) of section 48.111, Florida 559
837		-	Statutes, is amended to read: 560
838		-	48.111 Service on public agencies and officers. — 561
839		-	(1) Process against any municipal corporation, agency, 562
840		-	board, or commission, department, or subdivision of the state or 563
841		-	any county which has a gov erning board, council, or commission 564
842		-	or which is a body corporate shall be served: 565
843		-	(a) On the registered agent; or 566
844		-	(b) If the municipal corporation, agency, board, or 567
845		-	commission, department, or subdivision of the state does not 568
846		-	have a registered agent, or if the registered agent cannot 569
847		-	otherwise be served after one good faith attempt: 570
848		-	1.(a) On the president, mayor, chair, or other head 571
849		-	thereof; and in the his or her absence of all persons listed in 572
850		-	this subparagraph; 573
851		-	2.(b) On the vice president, vic e mayor, or vice chair , or 574
852		-	in the absence of all persons listed in subparagraph 1. and this 575
853		-
854		-	CS/CS/HB 545 2022
855		-
856		-
857		-
858		-	CODING: Words stricken are deletions; words underlined are additions.
859		-	hb0545-02-c2
860		-	Page 24 of 58
861		-	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
862		-
863		-
864		-
865		-	subparagraph of the above; 576
866		-	3.(c) On any member of the governing board, council, or 577
867		-	commission, the manager of the governmental entity, if any, or 578
868		-	an in-house attorney for the governmental entity, if any, and in 579
869		-	the absence of all the persons listed in subparagraph 1., 580
870		-	subparagraph 2., and this subparagraph; 581
871		-	4. On any employee of the governmental entity at the main 582
872		-	office of the governmental entity . 583
873		-	Section 10. Subsection (2) of section 48.151, Florida 584
874		-	Statutes, is amended to read: 585
875		-	48.151 Service on statutory agents for certain persons. — 586
876		-	(2) This section does not apply to substituted service of 587
877		-	process under s. 48.161 or s. 48.181 on nonresidents. 588
878		-	Section 11. Section 48.161, Florida Statutes, is amended 589
879		-	to read: 590
880		-	48.161 Method of substituted service on nonresident. — 591
881		-	(1) When authorized by law, substituted service of process 592
882		-	on a nonresident individual or a corporation or other business 593
883		-	entity incorporated or formed under the laws of any other state, 594
884		-	territory, or commonwealth, or the laws of any foreign country, 595
885		-	may or a person who conceals his or her whereabouts by serving a 596
886		-	public officer designated by law shall be made by sending 597
887		-	leaving a copy of the process to the office of the Secretary of 598
888		-	State by personal delivery; by registered mail; with a fee of 599
889		-	$8.75 with the public officer or in his or her office or by 600
890		-
891		-	CS/CS/HB 545 2022
892		-
893		-
894		-
895		-	CODING: Words stricken are deletions; words underlined are additions.
896		-	hb0545-02-c2
897		-	Page 25 of 58
898		-	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
899		-
900		-
901		-
902		-	mailing the copies by certified mail, return receipt requested; 601
903		-	by use of a commercial firm regularly engaged in the business of 602
904		-	document or package delivery; or by electronic transmission to 603
905		-	the public officer with the fee . The service is sufficient 604
906		-	service on a party that defendant who has appointed or is deemed 605
907		-	to have appointed the S ecretary of State a public officer as 606
908		-	such party's his or her agent for the service of process. The 607
909		-	Secretary of State shall keep a record of all process served on 608
910		-	the Secretary of State showing the day and hour of service. 609
911		-	(2) Notice of service and a copy of the process must shall 610
912		-	be sent forthwith by the party effectuating service or by such 611
913		-	party's attorney by registered mail; by registered or certified 612
914		-	mail, return receipt requested; or by use of a commercial firm 613
915		-	regularly engaged in the business of document or package 614
916		-	delivery. In addition, if the parties have recently and 615
917		-	regularly used e-mail or other electronic means to communicate 616
918		-	between themselves, the notice of service and a copy of the 617
919		-	process must be sent by such electronic means or, if the party 618
920		-	is being served by substituted service, the notice of service 619
921		-	and a copy of the process must be served at such party's last 620
922		-	known physical address and, if applicable, last known electronic 621
923		-	address. The party effectuating s ervice shall file proof of 622
924		-	service or return receipts showing delivery to the other party 623
925		-	by mail or courier and by electronic means, if electronic means 624
926		-	were used, unless the party is actively refusing or rejecting 625
927		-
928		-	CS/CS/HB 545 2022
929		-
930		-
931		-
932		-	CODING: Words stricken are deletions; words underlined are additions.
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935		-	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
936		-
937		-
938		-
939		-	the delivery of the notice. An by the plaintiff or his or her 626
940		-	attorney to the defendant, and the defendant's return receipt 627
941		-	and the affidavit of compliance of the party effectuating 628
942		-	service plaintiff or such party's his or her attorney must of 629
943		-	compliance shall be filed within 40 days after on or before the 630
944		-	date return day of service on the Secretary of State process or 631
945		-	within such additional time as the court allows . The affidavit 632
946		-	of compliance must set forth the facts that justify substituted 633
947		-	service under this section and that show due diligenc e was 634
948		-	exercised in attempting to locate and effectuate personal 635
949		-	service on the party before using substituted service under this 636
950		-	section. The party effectuating service does not need to allege 637
951		-	in its original or amended complaint the facts required to be 638
952		-	set forth in the affidavit of compliance. 639
953		-	(3) When an individual or a business entity conceals its 640
954		-	whereabouts, the party seeking to effectuate service, after 641
955		-	exercising due diligence to locate and effectuate personal 642
956		-	service, may use substituted service pursuant to subsection (1) 643
957		-	in connection with any action in which the court has 644
958		-	jurisdiction over such individual or business entity. The party 645
959		-	seeking to effectuate service must also comply with subsection 646
960		-	(2); however, a return receipt or other proof sho wing acceptance 647
961		-	of receipt of the notice of service and a , or the notice and 648
962		-	copy of the shall be served on the defendant, if found within 649
963		-	the state, by an officer authorized to serve legal process by 650
964		-
965		-	CS/CS/HB 545 2022
966		-
967		-
968		-
969		-	CODING: Words stricken are deletions; words underlined are additions.
970		-	hb0545-02-c2
971		-	Page 27 of 58
972		-	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
973		-
974		-
975		-
976		-	the concealed party need not be filed , or if found without the 651
977		-	state, by a sheriff or a deputy sheriff of any county of this 652
978		-	state or any duly constituted public officer qualified to serve 653
979		-	like process in the state or jurisdiction where the defendant is 654
980		-	found. The officer's return showing service shall be file d on or 655
981		-	before the return day of the process or within such time as the 656
982		-	court allows. The fee paid by the plaintiff to the public 657
983		-	officer shall be taxed as cost if he or she prevails in the 658
984		-	action. The public officer shall keep a record of all process 659
985		-	served on him or her showing the day and hour of service . 660
986		-	(4) The party effectuating service is considered to have 661
987		-	used due diligence if that party: 662
988		-	(a) Made diligent inquiry and exerted an honest and 663
989		-	conscientious effort appropriate to the circumstances t o acquire 664
990		-	the information necessary to effectuate personal service; 665
991		-	(b) In seeking to effectuate personal service, reasonably 666
992		-	employed the knowledge at the party's command, including 667
993		-	knowledge obtained pursuant to paragraph (a); and 668
994		-	(c) Made an appropr iate number of attempts to serve the 669
995		-	party, taking into account the particular circumstances , during 670
996		-	such times when and where such party is reasonably likely to be 671
997		-	found, as determined through resources reasonably available to 672
998		-	the party seeking to secure service of process. 673
999		-	(5)(2) If any individual person on whom service of process 674
1000		-	is authorized under subsection (1) dies, service may be made in 675
1001		-
1002		-	CS/CS/HB 545 2022
1003		-
1004		-
1005		-
1006		-	CODING: Words stricken are deletions; words underlined are additions.
1007		-	hb0545-02-c2
1008		-	Page 28 of 58
1009		-	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
1010		-
1011		-
1012		-
1013		-	the same manner on his or her administrator, executor, curator, 676
1014		-	or personal representative in the same manner. 677
1015		-	(6)(3) This section does not apply to persons on whom 678
1016		-	service is authorized under s. 48.151. 679
1017		-	(7)(4) The Secretary of State public officer may designate 680
1018		-	an individual some other person in his or her office to accept 681
1019		-	service. 682
1020		-	(8) Service of process is effectuated under this section 683
1021		-	on the date the service is received by the Department of State. 684
1022		-	(9) The Department of State shall maintain a record of 685
1023		-	each process served pursuant to this section and record the time 686
1024		-	of and the action taken regarding the s ervice. 687
1025		-	Section 12. Section 48.181, Florida Statutes, is amended 688
1026		-	to read: 689
1027		-	48.181 Substituted service on nonresidents and foreign 690
1028		-	business entities nonresident engaging in business in state or 691
1029		-	concealing their whereabouts .— 692
1030		-	(1) As used in this secti on, the term "foreign business 693
1031		-	entity" means any corporation or other business entity that is 694
1032		-	incorporated, formed, or existing under the laws of any other 695
1033		-	state, territory, or commonwealth, or the laws of any foreign 696
1034		-	country. 697
1035		-	(2) The acceptance by any individual person or persons, 698
1036		-	individually or associated together as a copartnership or any 699
1037		-	other form or type of association, who is a resident are 700
1038		-
1039		-	CS/CS/HB 545 2022
1040		-
1041		-
1042		-
1043		-	CODING: Words stricken are deletions; words underlined are additions.
1044		-	hb0545-02-c2
1045		-	Page 29 of 58
1046		-	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
1047		-
1048		-
1049		-
1050		-	residents of any other state, territory, or commonwealth, or of 701
1051		-	any foreign or country, or by any foreign bu siness entity and 702
1052		-	all foreign corporations, and any person who is a resident of 703
1053		-	the state and who subsequently becomes a nonresident of the 704
1054		-	state or conceals his or her whereabouts, of the privilege 705
1055		-	extended by law to nonresidents and others to operate, conduct, 706
1056		-	engage in, or carry on a business or business venture in this 707
1057		-	the state, or to have an office or agency in this the state, is 708
1058		-	deemed to constitute constitutes an appointment by the 709
1059		-	individual or persons and foreign business entity corporations 710
1060		-	of the Secretary of State of this the state as its their agent 711
1061		-	on whom all process in any action or proceeding against the 712
1062		-	individual or foreign business entity them, or any combination 713
1063		-	thereof of them, arising out of any transaction or operation 714
1064		-	connected with or incidental to the business or business venture 715
1065		-	may be served as substituted service in accordance with this 716
1066		-	chapter. The acceptance of the privilege is signification of the 717
1067		-	agreement of the respective individual or persons and foreign 718
1068		-	business entity corporations that the process served against it 719
1069		-	in accordance with this chapter them which is so served is of 720
1070		-	the same validity as if served personally on the individual 721
1071		-	persons or foreign business entity corporations. 722
1072		-	(3)(2) If a foreign business entity corporation has 723
1073		-	registered to do business a resident agent or officer in this 724
1074		-	the state and has maintained its registration in an active 725
1075		-
1076		-	CS/CS/HB 545 2022
1077		-
1078		-
1079		-
1080		-	CODING: Words stricken are deletions; words underlined are additions.
1081		-	hb0545-02-c2
1082		-	Page 30 of 58
1083		-	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
1084		-
1085		-
1086		-
1087		-	status or otherwise continued to have a registered agent , 726
1088		-	personal service of process must first shall be attempted served 727
1089		-	on the foreign business entity in the manner and order of 728
1090		-	priority described in this chapter as applicable to the foreign 729
1091		-	business entity. If, after due diligence, the party seeking to 730
1092		-	effectuate service of process is unable to effectuate service of 731
1093		-	process on the registered agent or other official as provided in 732
1094		-	this chapter, the party may use substituted service of process 733
1095		-	on the Secretary of State resident agent or officer . 734
1096		-	(4) Any individual or foreign business entity that 735
1097		-	conceals its whereabouts is deemed to have appointed the 736
1098		-	Secretary of State as its agent on whom all process may be 737
1099		-	served in any action or proceeding against it, or any 738
1100		-	combination thereof, arising out of any transactio n or operation 739
1101		-	connected with or incidental to any business or business venture 740
1102		-	carried on in this state by such individual or foreign business 741
1103		-	entity. 742
1104		-	(5)(3) Any individual or foreign business entity that 743
1105		-	person, firm, or corporation which sells, consigns, or leases by 744
1106		-	any means whatsoever tangible or intangible personal property, 745
1107		-	through brokers, jobbers, wholesalers, or distributors to any 746
1108		-	individual person, firm, or corporation, or other business 747
1109		-	entity in this state is conclusively presumed to be bot h engaged 748
1110		-	in substantial and not isolated activities within this state and 749
1111		-	operating, conducting, engaging in, or carrying on a business or 750
1112		-
1113		-	CS/CS/HB 545 2022
1114		-
1115		-
1116		-
1117		-	CODING: Words stricken are deletions; words underlined are additions.
1118		-	hb0545-02-c2
1119		-	Page 31 of 58
1120		-	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
1121		-
1122		-
1123		-
1124		-	business venture in this state. 751
1125		-	(6) Service pursuant to this section must be effectuated 752
1126		-	in the manner prescribed by s. 48.161. 753
1127		-	Section 13. Section 48.184, Florida Statutes, is created 754
1128		-	to read: 755
1129		-	48.184 Service of process for removal of unknown parties 756
1130		-	in possession.— 757
1131		-	(1) This section applies only to actions governed by s. 758
1132		-	82.03, s. 83.21, s. 83.59, or s. 723.06 1 and only to the extent 759
1133		-	that such actions seek relief for the removal of unknown parties 760
1134		-	in possession of real property. The provisions of this section 761
1135		-	are cumulative to other provisions of law or rules of court 762
1136		-	about service of process, and all other suc h provisions are 763
1137		-	cumulative to this section. 764
1138		-	(2) A summons must be issued in the name of "Unknown Party 765
1139		-	in Possession" when the name of an occupant of real property is 766
1140		-	not known to the plaintiff and the property occupied by the 767
1141		-	unknown party is identified in the complaint and summons. A 768
1142		-	separate summons must be issued for each such unknown occupant. 769
1143		-	(3) The plaintiff shall attempt to serve the summons on 770
1144		-	any unknown occupant of the property described in the summons 771
1145		-	and complaint. If service on the unknown occupant is not 772
1146		-	effectuated on the first attempt, at least two additional 773
1147		-	attempts must be made. The three attempts to obtain service must 774
1148		-	be made once during business hours, once during nonbusiness 775
1149		-
1150		-	CS/CS/HB 545 2022
1151		-
1152		-
1153		-
1154		-	CODING: Words stricken are deletions; words underlined are additions.
1155		-	hb0545-02-c2
1156		-	Page 32 of 58
1157		-	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
1158		-
1159		-
1160		-
1161		-	hours, and once during a weekend. The process server shall make 776
1162		-	an inquiry as to the name of the unknown occupant at the time of 777
1163		-	service. The return of service must note the name of the 778
1164		-	occupant if obtained by the process server or state that the 779
1165		-	name of the occupant could not be obtained after inqui ry. If the 780
1166		-	name of the occupant becomes known to the plaintiff through the 781
1167		-	return of service or otherwise, without notice or hearing 782
1168		-	thereon, all subsequent proceedings must be conducted under the 783
1169		-	true name of such occupant and all prior proceedings are de emed 784
1170		-	amended accordingly. 785
1171		-	(4) Service of process must also be made on unknown 786
1172		-	occupants by both of the following means: 787
1173		-	(a) By attaching the summons and complaint to a 788
1174		-	conspicuous location on the premises involved in the 789
1175		-	proceedings. 790
1176		-	(b) Upon issuance of the summons, by the plaintiff 791
1177		-	providing the clerk of the court with one additional copy of the 792
1178		-	summons and complaint for each unknown occupant and a prestamped 793
1179		-	envelope for each unknown occupant addressed to the unknown 794
1180		-	occupant at the address of the premises involved in the 795
1181		-	proceedings. The clerk of the court shall immediately mail a 796
1182		-	copy of the summons and complaint by first -class mail, note the 797
1183		-	fact of mailing in the docket, and file a certificate in the 798
1184		-	court file of the fact and d ate of mailing. The clerk of the 799
1185		-	court shall charge such fees for such services as provided by 800
1186		-
1187		-	CS/CS/HB 545 2022
1188		-
1189		-
1190		-
1191		-	CODING: Words stricken are deletions; words underlined are additions.
1192		-	hb0545-02-c2
1193		-	Page 33 of 58
1194		-	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
1195		-
1196		-
1197		-
1198		-	law. 801
1199		-	(5) Service is effective on the unknown occupant in 802
1200		-	possession on the later of the date that personal service is 803
1201		-	made, the date of attaching the summons a nd complaint to a 804
1202		-	conspicuous location on the premises, or upon mailing by the 805
1203		-	clerk. 806
1204		-	(6) The judgment and writ of possession must refer to any 807
1205		-	unknown occupant in possession by name if the name is shown on 808
1206		-	the return of service or is otherwise known to the plaintiff. If 809
1207		-	the name of any unknown occupant in possession is not shown on 810
1208		-	the return of service or otherwise known to the plaintiff and 811
1209		-	service has been effectuated as provided in this section, the 812
1210		-	judgment and writ of possession must refer to each such person 813
1211		-	as "Unknown Party in Possession," and the writ of possession 814
1212		-	must be executed by the sheriff by dispossessing the occupants 815
1213		-	and placing the plaintiff in possession of the property. 816
1214		-	Section 14. Subsections (1) and (2) of section 48.194, 817
1215		-	Florida Statutes, are amended to read: 818
1216		-	48.194 Personal service in another outside state, 819
1217		-	territory, or commonwealth of the United States .— 820
1218		-	(1) Except as otherwise provided herein, service of 821
1219		-	process on a party in another persons outside of this state, 822
1220		-	territory, or commonwealth of the United States must shall be 823
1221		-	made in the same manner as service within this state by any 824
1222		-	person authorized to serve process in the state where service 825
1223		-
1224		-	CS/CS/HB 545 2022
1225		-
1226		-
1227		-
1228		-	CODING: Words stricken are deletions; words underlined are additions.
1229		-	hb0545-02-c2
1230		-	Page 34 of 58
1231		-	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
1232		-
1233		-
1234		-
1235		-	shall be made the person is served . No order of court is 826
1236		-	required. A court may consider the return-of-service form 827
1237		-	described in s. 48.21, or any other competent evidence, must be 828
1238		-	filed with the court stating the time, manner, and place of 829
1239		-	service. The court may consider such evidence in determining 830
1240		-	whether service has been properl y made. Service of process on 831
1241		-	persons outside the United States may be required to conform to 832
1242		-	the provisions of the Hague Convention on the Service Abroad of 833
1243		-	Judicial and Extrajudicial Documents in Civil or Commercial 834
1244		-	Matters. 835
1245		-	(2) When Where in rem or quasi in rem relief is sought in 836
1246		-	a foreclosure proceeding as defined by s. 702.09, and the 837
1247		-	address of the person to be served is known, service of process 838
1248		-	on a person in another state, territory, or commonwealth outside 839
1249		-	of the United States this state where the address of the person 840
1250		-	to be served is known may be made by registered mail as follows: 841
1251		-	(a) The party's attorney or the party, if the party is not 842
1252		-	represented by an attorney, shall place a copy of the original 843
1253		-	process and the complaint, petition, or o ther initial pleading 844
1254		-	or paper and, if applicable, the order to show cause issued 845
1255		-	pursuant to s. 702.10 in a sealed envelope with adequate postage 846
1256		-	addressed to the person to be served. 847
1257		-	(b) The envelope must shall be placed in the mail as 848
1258		-	registered mail. 849
1259		-	(c) Service under this subsection is deemed shall be 850
1260		-
1261		-	CS/CS/HB 545 2022
1262		-
1263		-
1264		-
1265		-	CODING: Words stricken are deletions; words underlined are additions.
1266		-	hb0545-02-c2
1267		-	Page 35 of 58
1268		-	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
1269		-
1270		-
1271		-
1272		-	considered obtained upon the signing of the return receipt by 851
1273		-	the person allowed to be served by law. 852
1274		-	Section 15. Section 48.197, Florida Statutes, is created 853
1275		-	to read: 854
1276		-	48.197 Service in a foreig n country.— 855
1277		-	(1) Service of process may be effectuated in a foreign 856
1278		-	country upon a party, other than a minor or an incompetent 857
1279		-	person, as provided in any of the following: 858
1280		-	(a) By any internationally agreed -upon means of service 859
1281		-	reasonably calculated to give actual notice of the proceedings, 860
1282		-	such as those authorized by the Hague Convention on the Service 861
1283		-	Abroad of Judicial and Extrajudicial Documents in Civil or 862
1284		-	Commercial Matters. 863
1285		-	(b) If there is no internationally agreed -upon means of 864
1286		-	service, or if an international agreement allows but does not 865
1287		-	specify other means, by a method reasonably calculated to give 866
1288		-	actual notice of the proceedings: 867
1289		-	1. As prescribed by the foreign country's law for service 868
1290		-	in that country in an action in its courts of general 869
1291		-	jurisdiction; 870
1292		-	2. As the foreign authority directs in response to a 871
1293		-	letter rogatory or letter of request; or 872
1294		-	3. Unless prohibited by the foreign country's law, by: 873
1295		-	a. If serving an individual, delivering a copy of the 874
1296		-	summons and of the complaint to the individual personally; or 875
1297		-
1298		-	CS/CS/HB 545 2022
1299		-
1300		-
1301		-
1302		-	CODING: Words stricken are deletions; words underlined are additions.
1303		-	hb0545-02-c2
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1305		-	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
1306		-
1307		-
1308		-
1309		-	b. Using any form of mail that the clerk addresses and 876
1310		-	sends to the party and which requires a signed receipt. 877
1311		-	(c) Pursuant to motion and order by the court, by other 878
1312		-	means, including electronically by e -mail or other technology, 879
1313		-	which the party seeking service shows is reasonably calculated 880
1314		-	to give actual notice of the proceedings and is not prohibited 881
1315		-	by international agreement, as the court orders. 882
1316		-	(2) Service of process may be effectuated in a foreign 883
1317		-	country upon a minor or an incompetent person in the manner 884
1318		-	prescribed by subparagraph (1)(b)1., subparagraph (1)(b)2., or 885
1319		-	paragraph (1)(c). 886
1320		-	Section 16. Subsection (15) of section 49.011, Florida 887
1321		-	Statutes, is amended to read: 888
1322		-	49.011 Service of process by publication ; cases in which 889
1323		-	allowed.—Service of process by publication may be made in any 890
1324		-	court on any party identified in s. 49.021 in any action or 891
1325		-	proceeding: 892
1326		-	(15) To determine paternity, but only as to : 893
1327		-	(a) The legal father in a paternity action in which 894
1328		-	another man is alleged to be the biological father, in which 895
1329		-	case it is necessary to serve process on the legal father in 896
1330		-	order to establish paternity with regard to the alleged 897
1331		-	biological father; or 898
1332		-	(b) The legal mother when there is no legal father . 899
1333		-	Section 17. Effective upon this act becoming a law, 900
1334		-
1335		-	CS/CS/HB 545 2022
1336		-
1337		-
1338		-
1339		-	CODING: Words stricken are deletions; words underlined are additions.
1340		-	hb0545-02-c2
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1342		-	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
1343		-
1344		-
1345		-
1346		-	subsection (2), paragraph (a) of subsection (3), and subsection 901
1347		-	(4) of section 766.106, Florida Statutes, are amended to read: 902
1348		-	766.106 Notice before filing action for medical 903
1349		-	negligence; presuit screening period; offers for admission of 904
1350		-	liability and for arbitration; informal discovery; review. — 905
1351		-	(2) PRESUIT NOTICE. — 906
1352		-	(a) After completion of presuit investigation pursuant to 907
1353		-	s. 766.203(2) and before prior to filing a complaint for medical 908
1354		-	negligence, a claimant shall notify each prospective defendant 909
1355		-	of intent to initiate litigation for medical negligence by at 910
1356		-	least one of the following verifiable means: 911
1357		-	1. United States Postal Service certified ma il, return 912
1358		-	receipt requested; 913
1359		-	2. United States Postal Service mail with a tracking 914
1360		-	number; 915
1361		-	3. An interstate commercial mail carrier or delivery 916
1362		-	service; or 917
1363		-	4. Any person authorized by law to serve process. 918
1364		-	(b)1. Proof of service made pursuant to th is subsection 919
1365		-	and delivered to an address on file with the Department of 920
1366		-	Health, the Secretary of State, or the Agency for Health Care 921
1367		-	Administration creates a rebuttable presumption that service was 922
1368		-	received by the prospective defendant. 923
1369		-	2. If service is challenged during subsequent litigation, 924
1370		-	the court must conduct an evidentiary hearing to determine 925
1371		-
1372		-	CS/CS/HB 545 2022
1373		-
1374		-
1375		-
1376		-	CODING: Words stricken are deletions; words underlined are additions.
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1379		-	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
1380		-
1381		-
1382		-
1383		-	whether the prospective defendant or a person legally related to 926
1384		-	the prospective defendant was provided notice pursuant to this 927
1385		-	subsection and, if so, the date of such service. If service is 928
1386		-	challenged under this subparagraph, it must be challenged in the 929
1387		-	first response to the complaint, and if: 930
1388		-	a. The court determines that service was properly made at 931
1389		-	the prospective defendant's address as listed on the state 932
1390		-	licensing agency website or an address on file with the 933
1391		-	Secretary of State; and 934
1392		-	b. The prospective defendant proves by the greater weight 935
1393		-	of the evidence that neither the prospective defendant nor a 936
1394		-	person legally related to the prospective defenda nt at the time 937
1395		-	of service knew or should have known of the service, 938
1396		-	939
1397		-	the court must stay the case for a presuit investigation period 940
1398		-	pursuant to s. 766.106 and the statute of limitations and 941
1399		-	statute of repose must be tolled from the time service was 942
1400		-	properly made at the prospective defendant's address as listed 943
1401		-	on the state licensing agency website or an address on file with 944
1402		-	the Secretary of State. The tolling shall end at the conclusion 945
1403		-	of the presuit investigation period provided for in this 946
1404		-	subsection and the stay of litigation shall automatically end at 947
1405		-	the conclusion of the presuit investigation period by certified 948
1406		-	mail, return receipt requested, of intent to initiate litigation 949
1407		-	for medical negligence . 950
1408		-
1409		-	CS/CS/HB 545 2022
1410		-
1411		-
1412		-
1413		-	CODING: Words stricken are deletions; words underlined are additions.
1414		-	hb0545-02-c2
1415		-	Page 39 of 58
1416		-	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
1417		-
1418		-
1419		-
1420		-	(c) Notice to each prospective defendant must inc lude, if 951
1421		-	available, a list of all known health care providers seen by the 952
1422		-	claimant for the injuries complained of subsequent to the 953
1423		-	alleged act of negligence, all known health care providers 954
1424		-	during the 2-year period before prior to the alleged act of 955
1425		-	negligence who treated or evaluated the claimant, copies of all 956
1426		-	of the medical records relied upon by the expert in signing the 957
1427		-	affidavit, and the executed authorization form provided in s. 958
1428		-	766.1065. 959
1429		-	(d)(b) Following the initiation of a suit alleging medical 960
1430		-	negligence with a court of competent jurisdiction, and service 961
1431		-	of the complaint upon a prospective defendant, the claimant 962
1432		-	shall provide a copy of the complaint to the Department of 963
1433		-	Health and, if the complaint involves a facility licensed under 964
1434		-	chapter 395, the Agency for Health Care Administration. The 965
1435		-	requirement of providing the complaint to the Department of 966
1436		-	Health or the Agency for Health Care Administration does not 967
1437		-	impair the claimant's legal rights or ability to seek relief for 968
1438		-	his or her claim. Th e Department of Health or the Agency for 969
1439		-	Health Care Administration shall review each incident that is 970
1440		-	the subject of the complaint and determine whether it involved 971
1441		-	conduct by a licensee which is potentially subject to 972
1442		-	disciplinary action, in which case, for a licensed health care 973
1443		-	practitioner, the provisions of s. 456.073 applies apply and, 974
1444		-	for a licensed facility, the provisions of part I of chapter 395 975
1445		-
1446		-	CS/CS/HB 545 2022
1447		-
1448		-
1449		-
1450		-	CODING: Words stricken are deletions; words underlined are additions.
1451		-	hb0545-02-c2
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1453		-	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
1454		-
1455		-
1456		-
1457		-	applies apply. 976
1458		-	(3) PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT. — 977
1459		-	(a) A no suit may not be filed for a period of 90 days 978
1460		-	after notice is delivered mailed to any prospective defendant. 979
1461		-	During the 90-day period, the prospective defendant or the 980
1462		-	prospective defendant's insurer or self -insurer shall conduct a 981
1463		-	review as provided in s. 766.203(3) to determ ine the liability 982
1464		-	of the prospective defendant. Each insurer or self -insurer shall 983
1465		-	have a procedure for the prompt investigation, review, and 984
1466		-	evaluation of claims during the 90 -day period. This procedure 985
1467		-	must shall include one or more of the following: 986
1468		-	1. Internal review by a duly qualified claims adjuster; 987
1469		-	2. Creation of a panel comprised of an attorney 988
1470		-	knowledgeable in the prosecution or defense of medical 989
1471		-	negligence actions, a health care provider trained in the same 990
1472		-	or similar medical specialty as t he prospective defendant, and a 991
1473		-	duly qualified claims adjuster; 992
1474		-	3. A contractual agreement with a state or local 993
1475		-	professional society of health care providers, which maintains a 994
1476		-	medical review committee; or 995
1477		-	4. Any other similar procedure which fairly a nd promptly 996
1478		-	evaluates the pending claim. 997
1479		-	998
1480		-	Each insurer or self -insurer shall investigate the claim in good 999
1481		-	faith, and both the claimant and prospective defendant shall 1000
1482		-
1483		-	CS/CS/HB 545 2022
1484		-
1485		-
1486		-
1487		-	CODING: Words stricken are deletions; words underlined are additions.
1488		-	hb0545-02-c2
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1490		-	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
1491		-
1492		-
1493		-
1494		-	cooperate with the insurer in good faith. If the insurer 1001
1495		-	requires, a claimant must shall appear before a pretrial 1002
1496		-	screening panel or before a medical review committee and shall 1003
1497		-	submit to a physical examination, if required. Unreasonable 1004
1498		-	failure of any party to comply with this section justifies 1005
1499		-	dismissal of claims or defenses. There shall be no civil 1006
1500		-	liability for participation in a pretrial screening procedure if 1007
1501		-	done without intentional fraud. 1008
1502		-	(4) SERVICE OF PRESUIT NOTICE AND TOLLING. —The notice of 1009
1503		-	intent to initiate litigation must shall be served within the 1010
1504		-	time limits set forth in s. 95.11. However, upon mailing of the 1011
1505		-	notice of intent to initiate litigation, as provided in 1012
1506		-	subparagraph (2)(a)1., subparagraph (2)(a)2., or subparagraph 1013
1507		-	(2)(a)3., and during the 90-day period provided in subsection 1014
1508		-	(3), the statute of limitations is tolled as to all prospective 1015
1509		-	potential defendants. If the notice of intent to initiate 1016
1510		-	litigation is served by a process server as provided in 1017
1511		-	subparagraph (2)(a)4., the statute of limitations is tolled upon 1018
1512		-	the process server's first attempt to serve the prospective 1019
1513		-	defendant and continues during the 90 -day period as to all 1020
1514		-	prospective defendants. Upon stipulation by the parties, the 90 -1021
1515		-	day period may be extended and the statute of limitations is 1022
1516		-	tolled during any such extension. Upon receiving notice of 1023
1517		-	termination of negotiations in an extended period, the claimant 1024
1518		-	shall have 60 days or the remainder of the period of the statute 1025
1519		-
1520		-	CS/CS/HB 545 2022
1521		-
1522		-
1523		-
1524		-	CODING: Words stricken are deletions; words underlined are additions.
1525		-	hb0545-02-c2
1526		-	Page 42 of 58
1527		-	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
1528		-
1529		-
1530		-
1531		-	of limitations, whichever is greater, within which to file suit. 1026
1532		-	As used in this section, the terms "prospective" and "potential" 1027
1533		-	are interchangeable. 1028
1534		-	Section 18. Section 495.145, Florida Statutes, is amended 1029
1535		-	to read: 1030
1536		-	495.145 Forum for actions regarding registration. —An 1031
1537		-	action seeking cancellation of a registration of a mark 1032
1538		-	registered under this chapter may be brought in any court of 1033
1539		-	competent jurisdiction in this state. Service of process on a 1034
1540		-	nonresident registrant may be made in accordance with ss. 48.161 1035
1541		-	and 48.181 s. 48.181. The department may shall not be made a 1036
1542		-	party to cancellation proceedings. 1037
1543		-	Section 19. Section 605.0117, Florida Statutes, is amended 1038
1544		-	to read: 1039
1545		-	605.0117 Serving Service of process, giving notice, or 1040
1546		-	making a demand.— 1041
1547		-	(1) Process against a limited liability company or 1042
1548		-	registered foreign limited liabili ty company may be served in 1043
1549		-	accordance with s. 48.062 and chapter 48 or chapter 49 with 1044
1550		-	process required or authorized by law by serving on its 1045
1551		-	registered agent. 1046
1552		-	(2) If a limited liability company or registered foreign 1047
1553		-	limited liability company ceases to have a registered agent or 1048
1554		-	if its registered agent cannot with reasonable diligence be 1049
1555		-	served, the process required or permitted by law may instead be 1050
1556		-
1557		-	CS/CS/HB 545 2022
1558		-
1559		-
1560		-
1561		-	CODING: Words stricken are deletions; words underlined are additions.
1562		-	hb0545-02-c2
1563		-	Page 43 of 58
1564		-	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
1565		-
1566		-
1567		-
1568		-	served: 1051
1569		-	(a) On a member of a member -managed limited liability 1052
1570		-	company or registered foreign limited liability company; or 1053
1571		-	(b) On a manager of a manager -managed limited liability 1054
1572		-	company or registered foreign limited liability company. 1055
1573		-	(3) If the process cannot be served on a limited liability 1056
1574		-	company or registered foreign limited liability company pursuant 1057
1575		-	to subsection (1) or subsection (2), the process may be served 1058
1576		-	on the secretary of state as an agent of the company. 1059
1577		-	(4) Service of process on the secretary of state may be 1060
1578		-	made by delivering to and leaving with the department duplicate 1061
1579		-	copies of the process. 1062
1580		-	(5) Service is effectuated under subsection (3) on the 1063
1581		-	date shown as received by the department. 1064
1582		-	(6) The department shall keep a record of each proc ess 1065
1583		-	served pursuant to this section and record the time of and the 1066
1584		-	action taken regarding the service. 1067
1585		-	(2)(7) Any notice or demand on a limited liability company 1068
1586		-	or registered foreign limited liability company under this 1069
1587		-	chapter may be given or made to a ny member of a member -managed 1070
1588		-	limited liability company or registered foreign limited 1071
1589		-	liability company or to any manager of a manager -managed limited 1072
1590		-	liability company or registered foreign limited liability 1073
1591		-	company; to the registered agent of the limited liability 1074
1592		-	company or registered foreign limited liability company at the 1075
1593		-
1594		-	CS/CS/HB 545 2022
1595		-
1596		-
1597		-
1598		-	CODING: Words stricken are deletions; words underlined are additions.
1599		-	hb0545-02-c2
1600		-	Page 44 of 58
1601		-	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
1602		-
1603		-
1604		-
1605		-	registered office of the limited liability company or registered 1076
1606		-	foreign limited liability company in this state; or to any other 1077
1607		-	address in this state which that is in fact the principal office 1078
1608		-	of the limited liability company or registered foreign limited 1079
1609		-	liability company in this state. 1080
1610		-	(3) A registered series of a foreign series limited 1081
1611		-	liability company may be served in the same manner as a 1082
1612		-	registered limited liability company. 1083
1613		-	(4)(8) This section does not affect the right to serve 1084
1614		-	process, give notice, or make a demand in any other manner 1085
1615		-	provided by law. 1086
1616		-	Section 20. Subsection (1) of section 605.09091, Florida 1087
1617		-	Statutes, is amended to read: 1088
1618		-	605.09091 Judicial review of denial of reinstatement. — 1089
1619		-	(1) If the department denies a foreign limited liability 1090
1620		-	company's application for reinstatement after revocation of its 1091
1621		-	certificate of authority, the department must shall serve the 1092
1622		-	foreign limited liability company, pursuant t o s. 605.0117(2) s. 1093
1623		-	605.0117(7), with a written notice that explains the reason or 1094
1624		-	reasons for the denial. 1095
1625		-	Section 21. Paragraphs (f) and (g) of subsection (1) and 1096
1626		-	subsection (2) of section 605.0910, Florida Statutes, are 1097
1627		-	amended to read: 1098
1628		-	605.0910 Withdrawal and cancellation of certificate of 1099
1629		-	authority.— 1100
1630		-
1631		-	CS/CS/HB 545 2022
1632		-
1633		-
1634		-
1635		-	CODING: Words stricken are deletions; words underlined are additions.
1636		-	hb0545-02-c2
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1638		-	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
1639		-
1640		-
1641		-
1642		-	(1) To cancel its certificate of authority to transact 1101
1643		-	business in this state, a foreign limited liability company must 1102
1644		-	deliver to the department for filing a notice of withdrawal of 1103
1645		-	certificate of authority. The certificate of authority is 1104
1646		-	canceled when the notice becomes effective pursuant to s. 1105
1647		-	605.0207. The notice of withdrawal of certificate of authority 1106
1648		-	must be signed by an authorized representative and state the 1107
1649		-	following: 1108
1650		-	(f) A mailing address and an e-mail address to which a 1109
1651		-	party seeking to effectuate service of process the department 1110
1652		-	may send mail a copy of any process served on the Secretary of 1111
1653		-	State under paragraph (e). 1112
1654		-	(g) A commitment to notify the department in the future of 1113
1655		-	any change in its mailing address or e-mail address. 1114
1656		-	(2) After the withdrawal of the foreign limited liability 1115
1657		-	company is effective, service of process on the Secretary of 1116
1658		-	State using the procedures set forth in s. 48.161 under this 1117
1659		-	section is service on the foreign limited liability company. 1118
1660		-	Upon receipt of the process, the department shall mail a copy of 1119
1661		-	the process to the foreign limited liability company at the 1120
1662		-	mailing address set forth under paragraph (1)(f). 1121
1663		-	Section 22. Paragraph (f) of subsection (2) of section 1122
1664		-	605.1045, Florida Statutes, is amended to read: 1123
1665		-	605.1045 Articles of conversion. — 1124
1666		-	(2) The articles of conversion must contain the following: 1125
1667		-
1668		-	CS/CS/HB 545 2022
1669		-
1670		-
1671		-
1672		-	CODING: Words stricken are deletions; words underlined are additions.
1673		-	hb0545-02-c2
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1675		-	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
1676		-
1677		-
1678		-
1679		-	(f) If the converted entity is a foreign entity that does 1126
1680		-	not have a certificate of authority to transact business in this 1127
1681		-	state, a mailing address and an e-mail address to which a party 1128
1682		-	seeking to effectuate service of process the department may send 1129
1683		-	any process served on the Secretary of State department pursuant 1130
1684		-	to s. 605.0117 and chapter 48. 1131
1685		-	Section 23. Section 607.0504, Florida Statutes, is amended 1132
1686		-	to read: 1133
1687		-	607.0504 Serving Service of process, giving notice, or 1134
1688		-	making a demand on a corporation. — 1135
1689		-	(1) A corporation may be serv ed with process required or 1136
1690		-	authorized by law in accordance with s. 48.081 and chapter 48 or 1137
1691		-	chapter 49 by serving on its registered agent . 1138
1692		-	(2) If a corporation ceases to have a registered agent or 1139
1693		-	if its registered agent cannot with reasonable diligence be 1140
1694		-	served, the process required or permitted by law may instead be 1141
1695		-	served on the chair of the board, the president, any vice 1142
1696		-	president, the secretary, or the treasurer of the corporation at 1143
1697		-	the principal office of the corporation in this state. 1144
1698		-	(3) If the process cannot be served on a corporation 1145
1699		-	pursuant to subsection (1) or subsection (2), the process may be 1146
1700		-	served on the secretary of state as an agent of the corporation. 1147
1701		-	(4) Service of process on the secretary of state shall be 1148
1702		-	made by delivering to and leaving with the department duplicate 1149
1703		-	copies of the process. 1150
1704		-
1705		-	CS/CS/HB 545 2022
1706		-
1707		-
1708		-
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1710		-	hb0545-02-c2
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1712		-	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
1713		-
1714		-
1715		-
1716		-	(5) Service is effectuated under subsection (3) on the 1151
1717		-	date shown as received by the department. 1152
1718		-	(6) The department shall keep a record of each process 1153
1719		-	served on the secretary of state pursuant to this subsection and 1154
1720		-	record the time of and the action taken regarding the service. 1155
1721		-	(2)(7) Any notice or demand on a corporation under this 1156
1722		-	chapter may be given or made to the chair of the board, the 1157
1723		-	president, any vice president, the secretar y, or the treasurer 1158
1724		-	of the corporation; to the registered agent of the corporation 1159
1725		-	at the registered office of the corporation in this state; or to 1160
1726		-	any other address in this state which that is in fact the 1161
1727		-	principal office of the corporation in this state. 1162
1728		-	(3)(8) This section does not affect the right to serve 1163
1729		-	process, give notice, or make a demand in any other manner 1164
1730		-	provided by law. 1165
1731		-	Section 24. Subsection (1) of section 607.1423, Florida 1166
1732		-	Statutes, is amended to read: 1167
1733		-	607.1423 Judicial review of de nial of reinstatement. — 1168
1734		-	(1) If the department denies a corporation's application 1169
1735		-	for reinstatement after administrative dissolution, the 1170
1736		-	department must shall serve the corporation under either s. 1171
1737		-	607.0504(1) or (2) with a written notice that explains th e 1172
1738		-	reason or reasons for denial. 1173
1739		-	Section 25. Section 607.15101, Florida Statutes, is 1174
1740		-	amended to read: 1175
1741		-
1742		-	CS/CS/HB 545 2022
1743		-
1744		-
1745		-
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1747		-	hb0545-02-c2
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1749		-	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
1750		-
1751		-
1752		-
1753		-	607.15101 Serving Service of process, giving notice, or 1176
1754		-	making a demand on a foreign corporation. — 1177
1755		-	(1) A foreign corporation may be served with pro cess 1178
1756		-	required or authorized by law in accordance with s. 48.081 and 1179
1757		-	chapter 48 or chapter 49 by serving on its registered agent . 1180
1758		-	(2) If a foreign corporation ceases to have a registered 1181
1759		-	agent or if its registered agent cannot with reasonable 1182
1760		-	diligence be served, the process required or permitted by law 1183
1761		-	may instead be served on the chair of the board, the president, 1184
1762		-	any vice president, the secretary, or the treasurer of the 1185
1763		-	foreign corporation at the principal office of the foreign 1186
1764		-	corporation in this stat e. 1187
1765		-	(3) If the process cannot be served on a foreign 1188
1766		-	corporation pursuant to subsection (1) or subsection (2), the 1189
1767		-	process may be served on the secretary of state as an agent of 1190
1768		-	the foreign corporation. 1191
1769		-	(4) Service of process on the secretary of state m ay be 1192
1770		-	made by delivering to and leaving with the department duplicate 1193
1771		-	copies of the process. 1194
1772		-	(5) Service is effectuated under subsection (3) on the 1195
1773		-	date shown as received by the department. 1196
1774		-	(6) The department shall keep a record of each process 1197
1775		-	served on the secretary of state pursuant to this section and 1198
1776		-	record the time of and the action taken regarding the service. 1199
1777		-	(2)(7) Any notice or demand on a foreign corporation under 1200
1778		-
1779		-	CS/CS/HB 545 2022
1780		-
1781		-
1782		-
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1784		-	hb0545-02-c2
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1786		-	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
1787		-
1788		-
1789		-
1790		-	this chapter may be given or made : to the chair of the board, 1201
1791		-	the president, any vice president, the secretary, or the 1202
1792		-	treasurer of the foreign corporation; to the registered agent of 1203
1793		-	the foreign corporation at the registered office of the foreign 1204
1794		-	corporation in this state; or to any other address in this state 1205
1795		-	which that is in fact the principal office of the foreign 1206
1796		-	corporation in this state. 1207
1797		-	(3)(8) This section does not affect the right to serve 1208
1798		-	process, give notice, or make a demand in any other manner 1209
1799		-	provided by law. 1210
1800		-	Section 26. Paragraphs (f) and (g) of subsection (1) and 1211
1801		-	subsection (2) of section 607.1520, Florida Statutes, are 1212
1802		-	amended to read: 1213
1803		-	607.1520 Withdrawal and cancellation of certificate of 1214
1804		-	authority for foreign corporation. — 1215
1805		-	(1) To cancel its certificate of authori ty to transact 1216
1806		-	business in this state, a foreign corporation must deliver to 1217
1807		-	the department for filing a notice of withdrawal of certificate 1218
1808		-	of authority. The certificate of authority is canceled when the 1219
1809		-	notice of withdrawal becomes effective pursuant to s. 607.0123. 1220
1810		-	The notice of withdrawal of certificate of authority must be 1221
1811		-	signed by an officer or director and state the following: 1222
1812		-	(f) A mailing address and an e-mail address to which a 1223
1813		-	party seeking to effectuate service of process the secretary of 1224
1814		-	state may send mail a copy of any process served on the 1225
1815		-
1816		-	CS/CS/HB 545 2022
1817		-
1818		-
1819		-
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1823		-	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
1824		-
1825		-
1826		-
1827		-	Secretary of State under paragraph (e). 1226
1828		-	(g) A commitment to notify the department in the future of 1227
1829		-	any change in its mailing address or e-mail address. 1228
1830		-	(2) After the withdrawal of the foreign corpora tion is 1229
1831		-	effective, service of process on the Secretary of State using 1230
1832		-	the procedures in s. 48.161 under this section is service on the 1231
1833		-	foreign corporation. Upon receipt of the process, the secretary 1232
1834		-	of state shall mail a copy of the process to the foreign 1233
1835		-	corporation at the mailing address set forth under paragraph 1234
1836		-	(1)(f). 1235
1837		-	Section 27. Subsections (1) and (3) of section 617.0504, 1236
1838		-	Florida Statutes, are amended to read: 1237
1839		-	617.0504 Serving Service of process, giving notice, or 1238
1840		-	making a demand on a corporati on.— 1239
1841		-	(1) Process against any corporation may be served in 1240
1842		-	accordance with s. 48.081 and chapter 48 or chapter 49. 1241
1843		-	(3) This section does not prescribe the only means, or 1242
1844		-	necessarily the required means, of serving process, giving 1243
1845		-	notice, or making a demand on a corporation. 1244
1846		-	Section 28. Section 617.1510, Florida Statutes, is amended 1245
1847		-	to read: 1246
1848		-	617.1510 Serving Service of process, giving notice, or 1247
1849		-	making a demand on a foreign corporation. — 1248
1850		-	(1) Process against a foreign corporation may be served in 1249
1851		-	accordance with s. 48.081 and chapter 48 or chapter 49 The 1250
1852		-
1853		-	CS/CS/HB 545 2022
1854		-
1855		-
1856		-
1857		-	CODING: Words stricken are deletions; words underlined are additions.
1858		-	hb0545-02-c2
1859		-	Page 51 of 58
1860		-	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
1861		-
1862		-
1863		-
1864		-	registered agent of a foreign corporation authorized to conduct 1251
1865		-	its affairs in this state is the corporation's agent for service 1252
1866		-	of process, notice, or demand required or permitted by law to be 1253
1867		-	served on the foreign corporation . 1254
1868		-	(2) A foreign corporation may be served by registered or 1255
1869		-	certified mail, return receipt requested, addressed to the 1256
1870		-	secretary of the foreign corporation at its principal office 1257
1871		-	shown in its application for a certificate of authority or in 1258
1872		-	its most recent annual report if the foreign corporation: 1259
1873		-	(a) Has no registered agent or its registered agent cannot 1260
1874		-	with reasonable diligence be served; 1261
1875		-	(b) Has withdrawn from conducting its affairs in this 1262
1876		-	state under s. 617.1520; or 1263
1877		-	(c) Has had its certificate of authority revoked under s. 1264
1878		-	617.1531. 1265
1879		-	(3) Service is perfected under subsection (2) at the 1266
1880		-	earliest of: 1267
1881		-	(a) The date the foreign corporation receives the mail; 1268
1882		-	(b) The date shown on the return receipt, if signed on 1269
1883		-	behalf of the foreign corporation; or 1270
1884		-	(c) Five days after its deposit in the United States mail, 1271
1885		-	as evidenced by the postmark, if mailed postpaid and correctly 1272
1886		-	addressed. 1273
1887		-	(4) This section does not prescribe the only means, or 1274
1888		-	necessarily the required mea ns, of serving a foreign 1275
1889		-
1890		-	CS/CS/HB 545 2022
1891		-
1892		-
1893		-
1894		-	CODING: Words stricken are deletions; words underlined are additions.
1895		-	hb0545-02-c2
1896		-	Page 52 of 58
1897		-	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
1898		-
1899		-
1900		-
1901		-	corporation. Process against any foreign corporation may also be 1276
1902		-	served in accordance with chapter 48 or chapter 49. 1277
1903		-	(2)(5) Any notice to or demand on a foreign corporation 1278
1904		-	made pursuant to this act may be made in accordance with the 1279
1905		-	procedures for notice to or demand on domestic corporations 1280
1906		-	under s. 617.0504. 1281
1907		-	Section 29. Subsections (2) and (3) of section 617.1520, 1282
1908		-	Florida Statutes, are amended to read: 1283
1909		-	617.1520 Withdrawal of foreign corporation. — 1284
1910		-	(2) A foreign corporati on authorized to conduct its 1285
1911		-	affairs in this state may apply for a certificate of withdrawal 1286
1912		-	by delivering an application to the Department of State for 1287
1913		-	filing. The application must shall be made on forms prescribed 1288
1914		-	and furnished by the Department of State and must shall set 1289
1915		-	forth all of the following : 1290
1916		-	(a) The name of the foreign corporation and the 1291
1917		-	jurisdiction under the law under of which it is incorporated .; 1292
1918		-	(b) That it is not conducting its affairs in this state 1293
1919		-	and that it surrenders its authority to conduct its affairs in 1294
1920		-	this state.; 1295
1921		-	(c) That it revokes the authority of its registered agent 1296
1922		-	to accept service on its behalf and appoints the Secretary of 1297
1923		-	State Department of State as its agent for service of process 1298
1924		-	based on a cause of action arisin g during the time it was 1299
1925		-	authorized to conduct its affairs in this state .; 1300
1926		-
1927		-	CS/CS/HB 545 2022
1928		-
1929		-
1930		-
1931		-	CODING: Words stricken are deletions; words underlined are additions.
1932		-	hb0545-02-c2
1933		-	Page 53 of 58
1934		-	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
1935		-
1936		-
1937		-
1938		-	(d) A mailing address and an e-mail address to which a 1301
1939		-	party seeking to effectuate service of process the Department of 1302
1940		-	State may send mail a copy of any process served on it unde r 1303
1941		-	paragraph (c).; and 1304
1942		-	(e) A commitment to notify the Department of State in the 1305
1943		-	future of any change in its mailing address or e-mail address. 1306
1944		-	(3) After the withdrawal of the corporation is effective, 1307
1945		-	service of process in accordance with s. 48.161 on the 1308
1946		-	Department of State under this section is service on the foreign 1309
1947		-	corporation. Upon receipt of the process, the Department of 1310
1948		-	State shall mail a copy of the process to the foreign 1311
1949		-	corporation at the mailing address set forth under subsection 1312
1950		-	(2). 1313
1951		-	Section 30. Section 620.1117, Florida Statutes, is amended 1314
1952		-	to read: 1315
1953		-	620.1117 Serving Service of process, giving notice, or 1316
1954		-	making a demand on a limited partnership or a foreign limited 1317
1955		-	partnership.— 1318
1956		-	(1) Service of process on a limited partnership or fore ign 1319
1957		-	limited partnership must be made in accordance with s. 48.061 1320
1958		-	and chapter 48 or chapter 49 A registered agent appointed by a 1321
1959		-	limited partnership or foreign limited partnership is an agent 1322
1960		-	of the limited partnership or foreign limited partnership for 1323
1961		-	service of any process, notice, or demand required or permitted 1324
1962		-	by law to be served upon the limited partnership or foreign 1325
1963		-
1964		-	CS/CS/HB 545 2022
1965		-
1966		-
1967		-
1968		-	CODING: Words stricken are deletions; words underlined are additions.
1969		-	hb0545-02-c2
1970		-	Page 54 of 58
1971		-	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
1972		-
1973		-
1974		-
1975		-	limited partnership. 1326
1976		-	(2) Any notice or demand on a limited partnership or 1327
1977		-	foreign limited partnership under this chapter may be give n or 1328
1978		-	made to any general partner of the limited partnership or 1329
1979		-	foreign limited partnership, to the registered agent of the 1330
1980		-	limited partnership or foreign limited partnership at the 1331
1981		-	registered office in this state, or to any other address in this 1332
1982		-	state which is in fact the principal office of the limited 1333
1983		-	partnership or foreign limited partnership in this state If a 1334
1984		-	limited partnership or foreign limited partnership does not 1335
1985		-	appoint or maintain a registered agent in this state or the 1336
1986		-	registered agent cannot w ith reasonable diligence be found at 1337
1987		-	the address of the registered office, the Department of State 1338
1988		-	shall be an agent of the limited partnership or foreign limited 1339
1989		-	partnership upon whom process, notice, or demand may be served . 1340
1990		-	(3) Service of any process, notice, or demand on the 1341
1991		-	Department of State may be made by delivering to and leaving 1342
1992		-	with the Department of State duplicate copies of the process, 1343
1993		-	notice, or demand. 1344
1994		-	(4) Service is effected under subsection (3) upon the date 1345
1995		-	shown as having been receiv ed by the Department of State. 1346
1996		-	(5) The Department of State shall keep a record of each 1347
1997		-	process, notice, and demand served pursuant to this section and 1348
1998		-	record the time of, and the action taken regarding, the service. 1349
1999		-	(3)(6) This section does not affect the right to serve 1350
2000		-
2001		-	CS/CS/HB 545 2022
2002		-
2003		-
2004		-
2005		-	CODING: Words stricken are deletions; words underlined are additions.
2006		-	hb0545-02-c2
2007		-	Page 55 of 58
2008		-	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
2009		-
2010		-
2011		-
2012		-	process, give notice, or make a demand in any other manner 1351
2013		-	provided by law. 1352
2014		-	Section 31. Subsection (5) of section 620.1907, Florida 1353
2015		-	Statutes, is amended to read: 1354
2016		-	620.1907 Cancellation of certificate of authority; effect 1355
2017		-	of failure to have certificate. — 1356
2018		-	(5) If a foreign limited partnership transacts business in 1357
2019		-	this state without a certificate of authority or cancels its 1358
2020		-	certificate of authority, it may be served under s. 48.061(5)(b) 1359
2021		-	the foreign limited partnership shall appoint t he Department of 1360
2022		-	State as its agent for service of process for rights of action 1361
2023		-	arising out of the transaction of business in this state . 1362
2024		-	Section 32. Subsections (3) and (4) of section 620.2105, 1363
2025		-	Florida Statutes, are amended to read: 1364
2026		-	620.2105 Effect of conversion.— 1365
2027		-	(3) A converted organization that is a foreign 1366
2028		-	organization consents to the jurisdiction of the courts of this 1367
2029		-	state to enforce any obligation owed by the converting limited 1368
2030		-	partnership, if before the conversion the converting limited 1369
2031		-	partnership was subject to suit in this state on the obligation. 1370
2032		-	A converted organization that is a foreign organization and not 1371
2033		-	authorized to transact business in this state appoints the 1372
2034		-	Secretary of State Department of State as its agent for service 1373
2035		-	of process for purposes of enforcing an obligation under this 1374
2036		-	subsection and any appraisal rights of limited partners under 1375
2037		-
2038		-	CS/CS/HB 545 2022
2039		-
2040		-
2041		-
2042		-	CODING: Words stricken are deletions; words underlined are additions.
2043		-	hb0545-02-c2
2044		-	Page 56 of 58
2045		-	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
2046		-
2047		-
2048		-
2049		-	ss. 620.2113-620.2124 to the extent applicable to the 1376
2050		-	conversion. Service on the Secretary of State Department of 1377
2051		-	State under this subsection is made in the same manner and with 1378
2052		-	the same consequences as in ss. 48.161 and 620.1117 s. 1379
2053		-	620.1117(3) and (4). 1380
2054		-	(4) A copy of the statement of conversion, certified by 1381
2055		-	the Secretary of State Department of State, may be filed in any 1382
2056		-	county of this state in which the converting organization holds 1383
2057		-	an interest in real property. 1384
2058		-	Section 33. Subsection (2) of section 620.2109, Florida 1385
2059		-	Statutes, is amended to read: 1386
2060		-	620.2109 Effect of merger. — 1387
2061		-	(2) A surviving organization that is a foreign 1388
2062		-	organization consents to the jurisdiction of the courts of this 1389
2063		-	state to enforce any obligation owed by a constituent 1390
2064		-	organization, if before the merger the constituent organization 1391
2065		-	was subject to suit in this state on the obligation. A surviving 1392
2066		-	organization that is a foreign organization and not authorized 1393
2067		-	to transact business in this state shall appoint the Secretary 1394
2068		-	of State Department of State as its agent for service of process 1395
2069		-	for the purposes of enforcing an obligation under this 1396
2070		-	subsection and any appraisa l rights of limited partners under 1397
2071		-	ss. 620.2113-620.2124 to the extent applicable to the merger. 1398
2072		-	Service on the Secretary of State Department of State under this 1399
2073		-	subsection is made in the same manner and with the same 1400
2074		-
2075		-	CS/CS/HB 545 2022
2076		-
2077		-
2078		-
2079		-	CODING: Words stricken are deletions; words underlined are additions.
2080		-	hb0545-02-c2
2081		-	Page 57 of 58
2082		-	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
2083		-
2084		-
2085		-
2086		-	consequences as in ss. 48.161 and 620.1117 s. 620.1117(3) and 1401
2087		-	(4). 1402
2088		-	Section 34. Subsections (3) and (4) of section 620.8915, 1403
2089		-	Florida Statutes, are amended to read: 1404
2090		-	620.8915 Effect of conversion. — 1405
2091		-	(3) A converted organization that is a foreign 1406
2092		-	organization consents to the jurisdiction of the courts of this 1407
2093		-	state to enforce any obligation owed by the converting 1408
2094		-	partnership, if before the conversion the converting partnership 1409
2095		-	was subject to suit in this state on the obligation. A converted 1410
2096		-	organization that is a foreign organization and not authorized 1411
2097		-	to transact business in this state shall appoint the Secretary 1412
2098		-	of State Department of State as its agent for service of process 1413
2099		-	for purposes of enforcing an obligation under this subsection. 1414
2100		-	Service on the Secretary of State Department of State under this 1415
2101		-	subsection is shall be made in the same manner and with the same 1416
2102		-	consequences as provided in s. 48.161 s. 48.181. 1417
2103		-	(4) A copy of the certificate of conversion, certified by 1418
2104		-	the Secretary of State Department of State, may be filed in any 1419
2105		-	county of this state in which the converting organization holds 1420
2106		-	an interest in real property. 1421
2107		-	Section 35. Subsection (2) of section 620.8919, Florida 1422
2108		-	Statutes, is amended to read: 1423
2109		-	620.8919 Effect of merger. — 1424
2110		-	(2) A surviving organization that is a foreign 1425
2111		-
2112		-	CS/CS/HB 545 2022
2113		-
2114		-
2115		-
2116		-	CODING: Words stricken are deletions; words underlined are additions.
2117		-	hb0545-02-c2
2118		-	Page 58 of 58
2119		-	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
2120		-
2121		-
2122		-
2123		-	organization consents to the jurisdiction of the courts of this 1426
2124		-	state to enforce any obligation owed by a constituent 1427
2125		-	organization, if before the merger the constituent organization 1428
2126		-	was subject to suit in this state on the obligation. A surviving 1429
2127		-	organization that is a foreign organization and not authorized 1430
2128		-	to transact business in this state shall appoint the Secretary 1431
2129		-	of State Department of State as its agent for service of process 1432
2130		-	pursuant to s. 48.161 the provisions of s. 48.181 . 1433
2131		-	Section 36. Except as otherwise expressly provided in this 1434
2132		-	act and except for this section, which shall take effect upon 1435
2133		-	this act becoming a law, this act shall take effect January 2, 1436
2134		-	2023. 1437
	55	+	certain circumstances; amending s. 48.151, F.S.; 30
	56	+	revising the applicability of provisions relating to 31
	57	+	service on statutory agents for certain persons; 32
	58	+	amending s. 48.161, F.S.; revising provisions relating 33
	59	+	to substituted service; providing for substituted 34
	60	+	service on individuals or corporations or other 35
	61	+	business entities; specifying actions that may be 36
	62	+	considered due diligence in effectuating service; 37
	63	+	specifying when service is considered effectuated; 38
	64	+	requiring the department to maintain certain records; 39
	65	+	amending s. 48.181, F.S.; defining the term "foreign 40
	66	+	business entity"; revising provisions relating to 41
	67	+	substituted service; providing for substituted service 42
	68	+	on certain nonresidents and foreign business entities 43
	69	+	and on individuals and foreign business entities 44
	70	+	concealing their whereabouts; creating s. 48.184, 45
	71	+	F.S.; providing for service of process for removal of 46
	72	+	unknown parties in possession of real property; 47
	73	+	amending s. 48.194, F.S.; revising provisions relating 48
	74	+	to service outside this state but within the United 49
	75	+	States; deleting provisions relating to service 50
	76	+
	77	+	CS/HB 545 2022
	78	+
	79	+
	80	+
	81	+	CODING: Words stricken are deletions; words underlined are additions.
	82	+	hb0545-01-c1
	83	+	Page 3 of 57
	84	+	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
	85	+
	86	+
	87	+
	88	+	outside the United States; amending s. 49.011, F.S.; 51
	89	+	providing for constructive service on the legal mother 52
	90	+	in certain situations; creating s. 48.197, F.S.; 53
	91	+	providing for service in a foreign country; amending 54
	92	+	s. 766.106, F.S.; revising requirements for service of 55
	93	+	presuit notice before filing a medical negligence 56
	94	+	complaint; creating a rebuttable presumption that 57
	95	+	service was received by a prospective defendant in 58
	96	+	certain circumstances; providing court duties if 59
	97	+	service is challenged during subsequent litigation; 60
	98	+	revising provisions concerning tolling of the statute 61
	99	+	of limitations upon service of presuit notice by 62
	100	+	specified means; amending ss. 495.145, 605.0117, 63
	101	+	605.09091, 605.0910, 605.1045, 607.0504, 607.1423, 64
	102	+	607.15101, 607.1520, 617.0504, 617.1510, 617.1520, 65
	103	+	620.1117, 620.1907, 620.2105, 620.2109, 620.8915, and 66
	104	+	620.8919, F.S.; conforming cross -references and 67
	105	+	provisions to changes made by the act; providing 68
	106	+	effective dates. 69
	107	+	70
	108	+	Be It Enacted by the Legislature of the State of Florida: 71
	109	+	72
	110	+	Section 1. Subsection (3) of section 15.16, Florida 73
	111	+	Statutes, is amended to rea d: 74
	112	+	15.16 Reproduction of records; admissibility in evidence; 75
	113	+
	114	+	CS/HB 545 2022
	115	+
	116	+
	117	+
	118	+	CODING: Words stricken are deletions; words underlined are additions.
	119	+	hb0545-01-c1
	120	+	Page 4 of 57
	121	+	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
	122	+
	123	+
	124	+
	125	+	electronic receipt and transmission of records; certification; 76
	126	+	acknowledgment.— 77
	127	+	(3) The Department of State may cause to be received 78
	128	+	electronically any records that are required or authorized to be 79
	129	+	filed with it pursuant to chapter 48, chapter 55, chapter 117, 80
	130	+	chapter 118, chapter 495, chapter 605, chapter 606, chapter 607, 81
	131	+	chapter 610, chapter 617, chapter 620, chapter 621, chapter 679, 82
	132	+	chapter 713, or chapter 865, through facsimile or other 83
	133	+	electronic transfers, for the purpose of filing such records. 84
	134	+	The originals of all such electronically transmitted records 85
	135	+	must be executed in the manner provided in paragraph (5)(b). The 86
	136	+	receipt of such electronic transfer constitutes delivery to the 87
	137	+	department as required by law. The department may use electronic 88
	138	+	transmissions for purposes of notice in the administration of 89
	139	+	chapters 48, 55, 117, 118, 495, 605, 606, 607, 610, 617, 620, 90
	140	+	621, 679, and 713 and s. 865.09. The Department of State may 91
	141	+	collect e-mail addresses for purposes of notice and 92
	142	+	communication in the performance of its duties and may require 93
	143	+	filers and registrants to furnish such e -mail addresses when 94
	144	+	presenting documents for filing. 95
	145	+	Section 2. Section 48.061, Florida Statutes, is amend ed to 96
	146	+	read: 97
	147	+	48.061 Service on partnerships , limited liability 98
	148	+	partnerships, and limited partnerships. — 99
	149	+	(1)(a) Process against a partnership that is not a limited 100
	150	+
	151	+	CS/HB 545 2022
	152	+
	153	+
	154	+
	155	+	CODING: Words stricken are deletions; words underlined are additions.
	156	+	hb0545-01-c1
	157	+	Page 5 of 57
	158	+	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
	159	+
	160	+
	161	+
	162	+	liability partnership or a limited partnership, including a 101
	163	+	limited liability limited part nership, must shall be served on 102
	164	+	any partner and is as valid for service on the partnership as if 103
	165	+	served on each individual partner. 104
	166	+	1. If a partner is not available during regular business 105
	167	+	hours to accept service on behalf of the partnership, he or she 106
	168	+	may designate an employee or agent to accept such service. 107
	169	+	2. After one attempt to serve a partner or designated 108
	170	+	employee or agent for service of process has been made, process 109
	171	+	may be served on a person in charge of the partnership during 110
	172	+	regular business hours. 111
	173	+	(b) If the partnership designated an agent when 112
	174	+	registering as a general partnership with the Department of 113
	175	+	State, service on the agent is as valid for service on the 114
	176	+	partnership as if served on each individual partner; however, 115
	177	+	unless individual partners are served, the plaintiff may only 116
	178	+	proceed to judgment and execution against the assets of the 117
	179	+	partnership. 118
	180	+	(2)(a) Process against a domestic limited liability 119
	181	+	partnership must first be served on the then -current registered 120
	182	+	agent for service of process specified in its statement of 121
	183	+	qualification, in its statement of qualification as amended or 122
	184	+	restated, or as redesignated in its annual report or change of 123
	185	+	agent filing and is as valid for service on the limited 124
	186	+	liability partnership as if served on each individual partner. 125
	187	+
	188	+	CS/HB 545 2022
	189	+
	190	+
	191	+
	192	+	CODING: Words stricken are deletions; words underlined are additions.
	193	+	hb0545-01-c1
	194	+	Page 6 of 57
	195	+	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
	196	+
	197	+
	198	+
	199	+	If service cannot be made on the registered agent because the 126
	200	+	domestic limited liability partnership ceases to have a 127
	201	+	registered agent, or if the registered agent cannot otherwise be 128
	202	+	served after one good faith attempt because of a failure to 129
	203	+	comply with this chapter or chapter 620, the process may be 130
	204	+	served on any partner. 131
	205	+	1. If a partner is not available during regular business 132
	206	+	hours to accept service on behalf of the partnership, he or she 133
	207	+	may designate an employee to accep t such service. 134
	208	+	2. After one attempt to serve a partner or designated 135
	209	+	employee has been made, process may be served on a person in 136
	210	+	charge of the partnership during regular business hours. 137
	211	+	(b) If, after due diligence, the process cannot be 138
	212	+	completed under paragraph (a), the process may be served as 139
	213	+	provided in s. 48.161 on the Secretary of State as an agent of 140
	214	+	the domestic limited liability partnership or by order of the 141
	215	+	court under s. 48.102. 142
	216	+	(3)(a)1. Process against a domestic limited partnership, 143
	217	+	including a domestic limited liability limited partnership, must 144
	218	+	first be served on the then -current agent for service of process 145
	219	+	specified in its certificate of limited partnership, in its 146
	220	+	certificate as amended or restated, or as redesignated in its 147
	221	+	annual report or change of agent filing and is as valid for 148
	222	+	service on the domestic limited partnership as if served on each 149
	223	+	individual general partner of the partnership. 150
	224	+
	225	+	CS/HB 545 2022
	226	+
	227	+
	228	+
	229	+	CODING: Words stricken are deletions; words underlined are additions.
	230	+	hb0545-01-c1
	231	+	Page 7 of 57
	232	+	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
	233	+
	234	+
	235	+
	236	+	2. If service cannot be made on the registered agent 151
	237	+	because the domestic limited par tnership or domestic limited 152
	238	+	liability limited partnership ceases to have a registered agent, 153
	239	+	or if the registered agent cannot otherwise be served following 154
	240	+	one good faith attempt because of a failure to comply with this 155
	241	+	chapter or chapter 620, the proces s may be served on any general 156
	242	+	partner. 157
	243	+	3. After service on a general partner or the registered 158
	244	+	agent, the plaintiff may proceed to judgment and execution 159
	245	+	against the assets of the domestic limited partnership or of 160
	246	+	that general partner, unless the domes tic limited partnership is 161
	247	+	a limited liability limited partnership. 162
	248	+	(b) If, after due diligence, the process cannot be 163
	249	+	completed under paragraph (a), then process may be served as 164
	250	+	provided in s. 48.161 on the Secretary of State as an agent of 165
	251	+	the limited partnership or by order of the court under s. 166
	252	+	48.102. 167
	253	+	(4)(a) Process against a foreign limited liability 168
	254	+	partnership that was required to comply with s. 620.9102 may be 169
	255	+	served as prescribed under subsection (2). 170
	256	+	(b) A foreign limited liability partner ship engaging in 171
	257	+	business in this state but not registered is considered, for 172
	258	+	purposes of service of process, a nonresident engaging in 173
	259	+	business in this state and may be served pursuant to s. 48.181 174
	260	+	or by order of the court under s. 48.102. 175
	261	+
	262	+	CS/HB 545 2022
	263	+
	264	+
	265	+
	266	+	CODING: Words stricken are deletions; words underlined are additions.
	267	+	hb0545-01-c1
	268	+	Page 8 of 57
	269	+	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
	270	+
	271	+
	272	+
	273	+	(5)(a) Process against a foreign limited partnership that 176
	274	+	was required to comply with s. 620.1902 may be served as 177
	275	+	prescribed under subsection (3). 178
	276	+	(b) A foreign limited partnership engaging in business in 179
	277	+	this state but not registered is considered, for purposes of 180
	278	+	service of process, a nonresident engaging in business in this 181
	279	+	state and may be served pursuant to s. 48.181 or by order of the 182
	280	+	court under s. 48.102 After one attempt to serve a partner or 183
	281	+	designated employee has been made, process may be served on the 184
	282	+	person in charge of the partnership during regular business 185
	283	+	hours. After service on any partner, plaintiff may proceed to 186
	284	+	judgment and execution against that partner and the assets of 187
	285	+	the partnership. After service on a designated employee or other 188
	286	+	person in charge, plaintiff may proceed to judgment and 189
	287	+	execution against the partnership assets but not against the 190
	288	+	individual assets of any partner . 191
	289	+	(2) Process against a domestic limited partnership may be 192
	290	+	served on any general partner or on the agent for serv ice of 193
	291	+	process specified in its certificate of limited partnership or 194
	292	+	in its certificate as amended or restated and is as valid as if 195
	293	+	served on each individual member of the partnership. After 196
	294	+	service on a general partner or the agent, the plaintiff may 197
	295	+	proceed to judgment and execution against the limited 198
	296	+	partnership and all of the general partners individually. If a 199
	297	+	general partner cannot be found in this state and service cannot 200
	298	+
	299	+	CS/HB 545 2022
	300	+
	301	+
	302	+
	303	+	CODING: Words stricken are deletions; words underlined are additions.
	304	+	hb0545-01-c1
	305	+	Page 9 of 57
	306	+	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
	307	+
	308	+
	309	+
	310	+	be made on an agent because of failure to maintain such an agent 201
	311	+	or because the agent cannot be found or served with the exercise 202
	312	+	of reasonable diligence, service of process may be effected by 203
	313	+	service upon the Secretary of State as agent of the limited 204
	314	+	partnership as provided for in s. 48.181. Service of process may 205
	315	+	be made under ss. 48.071 and 48.21 on limited partnerships. 206
	316	+	(3) Process against a foreign limited partnership may be 207
	317	+	served on any general partner found in the state or on any agent 208
	318	+	for service of process specified in its application for 209
	319	+	registration and is as valid a s if served on each individual 210
	320	+	member of the partnership. If a general partner cannot be found 211
	321	+	in this state and an agent for service of process has not been 212
	322	+	appointed or, if appointed, the agent's authority has been 213
	323	+	revoked or the agent cannot be found or served with the exercise 214
	324	+	of reasonable diligence, service of process may be effected by 215
	325	+	service upon the Secretary of State as agent of the limited 216
	326	+	partnership as provided for in s. 48.181, or process may be 217
	327	+	served as provided in ss. 48.071 and 48.21. 218
	328	+	Section 3. Section 48.062, Florida Statutes, is amended to 219
	329	+	read: 220
	330	+	48.062 Service on a domestic limited liability company or 221
	331	+	registered foreign limited liability company .— 222
	332	+	(1) As used in this section, the term "registered foreign 223
	333	+	limited liability compa ny" means a foreign limited liability 224
	334	+	company that has an active certificate of authority to transact 225
	335	+
	336	+	CS/HB 545 2022
	337	+
	338	+
	339	+
	340	+	CODING: Words stricken are deletions; words underlined are additions.
	341	+	hb0545-01-c1
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	343	+	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
	344	+
	345	+
	346	+
	347	+	business in this state pursuant to a record filed with the 226
	348	+	Department of State. 227
	349	+	(2) Process against A domestic limited liability company , 228
	350	+	domestic or registered foreign limited liability company , may be 229
	351	+	served with process required or authorized by law by service on 230
	352	+	its the registered agent designated by the domestic limited 231
	353	+	liability company or registered foreign limited liability 232
	354	+	company under chapter 605. A person attempting to serve process 233
	355	+	pursuant to this subsection may serve the process on any 234
	356	+	employee of the registered agent during the first attempt at 235
	357	+	service even if the registered agent is a natural person and is 236
	358	+	temporarily absent from his or her office. 237
	359	+	(3)(2) If service cannot be made on a registered agent of 238
	360	+	the domestic limited liability company or registered foreign 239
	361	+	limited liability company because the domestic limited liability 240
	362	+	company or registered foreign limited liabil ity company ceases 241
	363	+	to have a registered agent, or if the registered agent of the 242
	364	+	domestic limited liability company or registered foreign limited 243
	365	+	liability company cannot otherwise be served after one good 244
	366	+	faith attempt because of a failure to comply with this chapter 245
	367	+	or chapter 605 or because the limited liability company does not 246
	368	+	have a registered agent, or if its registered agent cannot with 247
	369	+	reasonable diligence be served, process against the limited 248
	370	+	liability company, domestic or foreign , the process may be 249
	371	+	served on any of the following : 250
	372	+
	373	+	CS/HB 545 2022
	374	+
	375	+
	376	+
	377	+	CODING: Words stricken are deletions; words underlined are additions.
	378	+	hb0545-01-c1
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	380	+	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
	381	+
	382	+
	383	+
	384	+	(a) Any manager of a manager -managed domestic limited 251
	385	+	liability company or registered foreign limited liability 252
	386	+	company. On a member of a member -managed limited liability 253
	387	+	company; 254
	388	+	(b) Any member of a member -managed domestic limited 255
	389	+	liability company or registered foreign limited liability 256
	390	+	company. On a manager of a manager -managed limited liability 257
	391	+	company; or 258
	392	+	(c) Any person listed publicly by the domestic limited 259
	393	+	liability company or registered foreign limited lia bility 260
	394	+	company on its latest annual report, as most recently amended If 261
	395	+	a member or manager is not available during regular business 262
	396	+	hours to accept service on behalf of the limited liability 263
	397	+	company, he, she, or it may designate an employee of the limited 264
	398	+	liability company to accept such service. After one attempt to 265
	399	+	serve a member, manager, or designated employee has been made, 266
	400	+	process may be served on the person in charge of the limited 267
	401	+	liability company during regular business hours . 268
	402	+	(4)(3) If, after due reasonable diligence, the service of 269
	403	+	process cannot be completed under subsection (2) and if either: 270
	404	+	(a) The only person listed publicly by the domestic 271
	405	+	limited liability company or registered foreign limited 272
	406	+	liability company on its latest annual re port, as most recently 273
	407	+	amended, is also the registered agent on whom service was 274
	408	+	attempted under subsection (2); or 275
	409	+
	410	+	CS/HB 545 2022
	411	+
	412	+
	413	+
	414	+	CODING: Words stricken are deletions; words underlined are additions.
	415	+	hb0545-01-c1
	416	+	Page 12 of 57
	417	+	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
	418	+
	419	+
	420	+
	421	+	(b) After due diligence, service was attempted on at least 276
	422	+	one person listed publicly by the domestic limited liability 277
	423	+	company or registered foreign limited liability company on its 278
	424	+	latest annual report, as most recently amended, and cannot be 279
	425	+	completed on such person under subsection (3) (1) or subsection 280
	426	+	(2), 281
	427	+	282
	428	+	the service of process may be served as provided in s. 48.161 on 283
	429	+	effected by service upon the Secretary of State as an agent of 284
	430	+	the domestic limited liability company or the registered foreign 285
	431	+	limited liability company or by order of the court under s. 286
	432	+	48.102 as provided for in s. 48.181 . 287
	433	+	(5)(4) If the address for the registered agent or any 288
	434	+	person listed publicly by the domestic limited liability company 289
	435	+	or registered foreign limited liability company on its latest 290
	436	+	annual report, as most recently amended , has an address that 291
	437	+	member, or manager is a residence, a private mailbox, a v irtual 292
	438	+	office, or an executive office or mini suite, service on the 293
	439	+	domestic limited liability company or registered foreign limited 294
	440	+	liability company may be made by serving any of the following: 295
	441	+	(a) The registered agent of the domestic limited liability 296
	442	+	company or registered foreign limited liability company, in 297
	443	+	accordance with s. 48.031. 298
	444	+	(b) Any person listed publicly by the domestic limited 299
	445	+	liability company or registered foreign limited liability 300
	446	+
	447	+	CS/HB 545 2022
	448	+
	449	+
	450	+
	451	+	CODING: Words stricken are deletions; words underlined are additions.
	452	+	hb0545-01-c1
	453	+	Page 13 of 57
	454	+	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
	455	+
	456	+
	457	+
	458	+	company on its latest annual report, as most recently amended, 301
	459	+	in accordance with s. 48.031. 302
	460	+	(c) Any, member, or manager of the domestic limited 303
	461	+	liability company or registered foreign limited liability 304
	462	+	company, in accordance with s. 48.031. 305
	463	+	(6) A foreign limited liability company engaging in 306
	464	+	business in this state which is not registered is considered, 307
	465	+	for purposes of service of process, a nonresident engaging in 308
	466	+	business in this state and may be served pursuant to s. 48.181 309
	467	+	or by order of the court under s. 48.102. 310
	468	+	(7)(5) This section does not apply to service of process 311
	469	+	on insurance companies. 312
	470	+	Section 4. Section 48.071, Florida Statutes, is amended to 313
	471	+	read: 314
	472	+	48.071 Service on agents of nonresidents doing business in 315
	473	+	the state.—When any natural person or partnership not residing 316
	474	+	or having a principal place of business in this state engages in 317
	475	+	business in this state, process may be served on the person who 318
	476	+	is in charge of any business in which the defendant is engaged 319
	477	+	within this state at the time of service, including agents 320
	478	+	soliciting orders for goods, wares, merchandise , or services. 321
	479	+	Any process so served is as valid as if served personally on the 322
	480	+	nonresident person or partnership engaging in business in this 323
	481	+	state in any action against the person or partnership aris ing 324
	482	+	out of such business. A copy of such process with a notice of 325
	483	+
	484	+	CS/HB 545 2022
	485	+
	486	+
	487	+
	488	+	CODING: Words stricken are deletions; words underlined are additions.
	489	+	hb0545-01-c1
	490	+	Page 14 of 57
	491	+	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
	492	+
	493	+
	494	+
	495	+	service on the person in charge of such business must shall be 326
	496	+	sent forthwith to the nonresident person or partnership by 327
	497	+	registered mail; by or certified mail, return receipt requested ; 328
	498	+	or by use of a commercial firm regularly engaged in the business 329
	499	+	of document or package delivery. The party seeking to effectuate 330
	500	+	service, or the attorney for such party, shall prepare . an 331
	501	+	affidavit of compliance with this section which must shall be 332
	502	+	filed before the return day or within such further time as the 333
	503	+	court may allow. 334
	504	+	Section 5. Section 48.081, Florida Statutes, is amended to 335
	505	+	read: 336
	506	+	48.081 Service on a domestic corporation or registered 337
	507	+	foreign corporation.— 338
	508	+	(1) As used in this section, the t erm "registered foreign 339
	509	+	corporation" means a foreign corporation that has an active 340
	510	+	certificate of authority to transact business in this state 341
	511	+	pursuant to a record filed with the Department of State. 342
	512	+	(2) A domestic corporation or a registered foreign 343
	513	+	corporation may be served with process required or authorized by 344
	514	+	law by service on its registered agent designated by the 345
	515	+	corporation under chapter 607 or chapter 617, as applicable. 346
	516	+	(3) If service cannot be made on a registered agent of the 347
	517	+	domestic corporation or registered foreign corporation because 348
	518	+	the domestic corporation or registered foreign corporation 349
	519	+	ceases to have a registered agent, or if the registered agent of 350
	520	+
	521	+	CS/HB 545 2022
	522	+
	523	+
	524	+
	525	+	CODING: Words stricken are deletions; words underlined are additions.
	526	+	hb0545-01-c1
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	528	+	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
	529	+
	530	+
	531	+
	532	+	the domestic corporation or registered foreign corporation 351
	533	+	cannot otherwise be serv ed after one good faith attempt because 352
	534	+	of a failure to comply with this chapter, chapter 607, or 353
	535	+	chapter 617, as applicable, the process may be served on either 354
	536	+	of the following Process against any private corporation, 355
	537	+	domestic or foreign, may be served : 356
	538	+	(a) The chair of the board of directors, On the president, 357
	539	+	any or vice president, the secretary, or the treasurer or other 358
	540	+	head of the domestic corporation or registered foreign 359
	541	+	corporation.; 360
	542	+	(b) Any person listed publicly by the domestic corporation 361
	543	+	or registered foreign corporation on its latest annual report, 362
	544	+	as most recently amended In the absence of any person described 363
	545	+	in paragraph (a), on the cashier, treasurer, secretary, or 364
	546	+	general manager; 365
	547	+	(c) In the absence of any person described in paragr aph 366
	548	+	(a) or paragraph (b), on any director; or 367
	549	+	(d) In the absence of any person described in paragraph 368
	550	+	(a), paragraph (b), or paragraph (c), on any officer or business 369
	551	+	agent residing in the state . 370
	552	+	(4) If, after due diligence, the process cannot be 371
	553	+	completed under subsection (2) and if either: 372
	554	+	(a) The only person listed publicly by the domestic 373
	555	+	corporation or registered foreign corporation on its latest 374
	556	+	annual report, as most recently amended, is also the registered 375
	557	+
	558	+	CS/HB 545 2022
	559	+
	560	+
	561	+
	562	+	CODING: Words stricken are deletions; words underlined are additions.
	563	+	hb0545-01-c1
	564	+	Page 16 of 57
	565	+	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
	566	+
	567	+
	568	+
	569	+	agent on whom service was attempted u nder subsection (2); or 376
	570	+	(b) After due diligence, service was attempted on at least 377
	571	+	one person listed publicly by the domestic corporation or 378
	572	+	registered foreign corporation on its latest annual report, as 379
	573	+	most recently amended, and cannot be completed on such person 380
	574	+	under subsection (3), 381
	575	+	382
	576	+	the process may be served as provided in s. 48.161 on the 383
	577	+	Secretary of State as an agent of the domestic corporation or 384
	578	+	registered foreign corporation or by order of the court under s. 385
	579	+	48.102 386
	580	+	(2) If a foreign corporatio n has none of the foregoing 387
	581	+	officers or agents in this state, service may be made on any 388
	582	+	agent transacting business for it in this state . 389
	583	+	(3)(a) As an alternative to all of the foregoing, process 390
	584	+	may be served on the agent designated by the corporation u nder 391
	585	+	s. 48.091. However, if service cannot be made on a registered 392
	586	+	agent because of failure to comply with s. 48.091, service of 393
	587	+	process shall be permitted on any employee at the corporation's 394
	588	+	principal place of business or on any employee of the registere d 395
	589	+	agent. A person attempting to serve process pursuant to this 396
	590	+	paragraph may serve the process on any employee of the 397
	591	+	registered agent during the first attempt at service even if the 398
	592	+	registered agent is temporarily absent from his or her office. 399
	593	+	(5)(b) If the address for the registered agent or any 400
	594	+
	595	+	CS/HB 545 2022
	596	+
	597	+
	598	+
	599	+	CODING: Words stricken are deletions; words underlined are additions.
	600	+	hb0545-01-c1
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	602	+	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
	603	+
	604	+
	605	+
	606	+	person listed publicly by the domestic corporation or registered 401
	607	+	foreign corporation on its latest annual report, as most 402
	608	+	recently amended, has an address that officer, director, or 403
	609	+	principal place of busine ss is a residence, a private mailbox, a 404
	610	+	virtual office, or an executive office or mini suite, service on 405
	611	+	the domestic corporation or registered foreign corporation may 406
	612	+	be made by serving any of the following: 407
	613	+	(a) The registered agent of the domestic corp oration or 408
	614	+	registered foreign corporation , officer, or director in 409
	615	+	accordance with s. 48.031. 410
	616	+	(b) Any person listed publicly by the domestic corporation 411
	617	+	or registered foreign corporation on its latest annual report, 412
	618	+	as most recently amended, in accordanc e with s. 48.031. 413
	619	+	(c) Any person serving in one of the positions specified 414
	620	+	in paragraph (3)(a), in accordance with s. 48.031. 415
	621	+	(6) A foreign corporation engaging in business in this 416
	622	+	state which is not registered is considered, for purposes of 417
	623	+	service of process, a nonresident engaging in business in this 418
	624	+	state and may be served pursuant to s. 48.181 or by order of the 419
	625	+	court under s. 48.102. 420
	626	+	(7)(4) This section does not apply to service of process 421
	627	+	on insurance companies. 422
	628	+	(5) When a corporation engages in substantial and not 423
	629	+	isolated activities within this state, or has a business office 424
	630	+	within the state and is actually engaged in the transaction of 425
	631	+
	632	+	CS/HB 545 2022
	633	+
	634	+
	635	+
	636	+	CODING: Words stricken are deletions; words underlined are additions.
	637	+	hb0545-01-c1
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	639	+	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
	640	+
	641	+
	642	+
	643	+	business therefrom, service upon any officer or business agent 426
	644	+	while on corporate business within this st ate may personally be 427
	645	+	made, pursuant to this section, and it is not necessary in such 428
	646	+	case that the action, suit, or proceeding against the 429
	647	+	corporation shall have arisen out of any transaction or 430
	648	+	operation connected with or incidental to the business being 431
	649	+	transacted within the state. 432
	650	+	Section 6. Section 48.091, Florida Statutes, is amended to 433
	651	+	read: 434
	652	+	48.091 Partnerships, corporations, and limited liability 435
	653	+	companies; designation of registered agent and registered 436
	654	+	office.— 437
	655	+	(1) As used in this section, the term: 438
	656	+	(a) "Registered foreign corporation" and "registered 439
	657	+	foreign limited liability company" have the same meanings as in 440
	658	+	ss. 48.081 and 48.062, respectively. 441
	659	+	(b) "Registered foreign limited liability partnership" or 442
	660	+	"registered foreign limited partnership" means a foreign limited 443
	661	+	liability partnership or foreign limited partnership that has an 444
	662	+	active certificate of authority to transact business in this 445
	663	+	state pursuant to a record filed with the Department of State. 446
	664	+	(2) Every domestic limited liability partnership; domestic 447
	665	+	limited partnership, including limited liability limited 448
	666	+	partnerships; domestic corporation; domestic limited liability 449
	667	+	company; registered foreign limited liability partnership; 450
	668	+
	669	+	CS/HB 545 2022
	670	+
	671	+
	672	+
	673	+	CODING: Words stricken are deletions; words underlined are additions.
	674	+	hb0545-01-c1
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	676	+	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
	677	+
	678	+
	679	+
	680	+	registered foreign limited partnership, includ ing limited 451
	681	+	liability limited partnerships; registered foreign corporation; 452
	682	+	and registered foreign limited liability company Florida 453
	683	+	corporation and every foreign corporation now qualified or 454
	684	+	hereafter qualifying to transact business in this state shall 455
	685	+	designate a registered agent and registered office in accordance 456
	686	+	with chapter 605, part I of chapter 607, chapter 617, or chapter 457
	687	+	620, as applicable. 458
	688	+	(3)(2) Every domestic limited liability partnership; 459
	689	+	domestic limited partnership, including limited liabi lity 460
	690	+	limited partnerships; domestic corporation; domestic limited 461
	691	+	liability company; registered foreign limited liability 462
	692	+	partnership; registered foreign limited partnership, including 463
	693	+	limited liability limited partnerships; registered foreign 464
	694	+	corporation; registered foreign limited liability company; and 465
	695	+	domestic or foreign general partnership that elects to designate 466
	696	+	a registered agent shall cause the designated registered agent 467
	697	+	to corporation shall keep the designated registered office open 468
	698	+	from at least 10 a.m. to 12 noon each day except Saturdays, 469
	699	+	Sundays, and legal holidays, and shall cause the designated 470
	700	+	registered agent to keep one or more individuals who are, or are 471
	701	+	representatives of, the designated registered agents on whom 472
	702	+	process may be served a t the office during these hours. The 473
	703	+	corporation shall keep a sign posted in the office in some 474
	704	+	conspicuous place designating the name of the corporation and 475
	705	+
	706	+	CS/HB 545 2022
	707	+
	708	+
	709	+
	710	+	CODING: Words stricken are deletions; words underlined are additions.
	711	+	hb0545-01-c1
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	713	+	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
	714	+
	715	+
	716	+
	717	+	the name of its registered agent on whom process may be served 476
	718	+	at the office during these hours . 477
	719	+	(4) A person attempting to serve process pursuant to this 478
	720	+	section on a registered agent that is other than a natural 479
	721	+	person may serve the process on any employee of the registered 480
	722	+	agent. A person attempting to serve process pursuant to this 481
	723	+	section on a natural person, if the natural person is 482
	724	+	temporarily absent from his or her office, may serve the process 483
	725	+	during the first attempt at service on any employee of such 484
	726	+	natural person. 485
	727	+	(5) The registered agent shall promptly forward copies of 486
	728	+	the process and any other papers received in connection with the 487
	729	+	service to a responsible person in charge of the business 488
	730	+	entity. Failure to comply with this subsection does not 489
	731	+	invalidate the service of process. 490
	732	+	Section 7. Section 48.101, Florida Statutes, is amend ed to 491
	733	+	read: 492
	734	+	48.101 Service on dissolved corporations , dissolved 493
	735	+	limited liability companies, dissolved limited partnerships, and 494
	736	+	dissolved limited liability partnerships .— 495
	737	+	(1) Process against the directors of any corporation that 496
	738	+	which was dissolved before July 1, 1990, as trustees of the 497
	739	+	dissolved corporation must shall be served on one or more of the 498
	740	+	directors of the dissolved corporation as trustees thereof and 499
	741	+	binds all of the directors of the dissolved corporation as 500
	742	+
	743	+	CS/HB 545 2022
	744	+
	745	+
	746	+
	747	+	CODING: Words stricken are deletions; words underlined are additions.
	748	+	hb0545-01-c1
	749	+	Page 21 of 57
	750	+	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
	751	+
	752	+
	753	+
	754	+	trustees thereof. Process against any other dissolved 501
	755	+	corporation shall be served in accordance with s. 48.081. 502
	756	+	(2)(a) Process against any other dissolved domestic 503
	757	+	corporation must be served in accordance with s. 48.081. 504
	758	+	(b) In addition, provided that service was first properly 505
	759	+	attempted on the registered agent pursuant to s. 48.081(2), but 506
	760	+	was not successful, service may then be attempted as required 507
	761	+	under s. 48.081(3). In addition to the persons listed in s. 508
	762	+	48.081(3), service may then be attempted on the person appointed 509
	763	+	by the circuit court as the trustee, custodian, or receiver 510
	764	+	under s. 607.1405(6). 511
	765	+	(c) A party attempting to serve a dissolved domestic for -512
	766	+	profit corporation under this section may petition the court to 513
	767	+	appoint one of the persons specified in s. 607.1405(6) to 514
	768	+	receive service of process on behalf of the corporation. 515
	769	+	(3)(a) Process against any dissolved domestic limited 516
	770	+	liability company must be served in accordance with s. 48.062. 517
	771	+	(b) In addition, provided that service was first properly 518
	772	+	attempted on the registered agent pursuant to s. 48.062(2), but 519
	773	+	was not successful, service may then be attempted as required 520
	774	+	under s. 48.062(3). In addition to the persons listed in s. 521
	775	+	48.062(3), service on a dissolved domestic limited liability 522
	776	+	company may be made on the person appointed as the liquidator, 523
	777	+	trustee, or receiver under s. 605.0709. 524
	778	+	(c) A party attempting to serve a dissolved domestic 525
	779	+
	780	+	CS/HB 545 2022
	781	+
	782	+
	783	+
	784	+	CODING: Words stricken are deletions; words underlined are additions.
	785	+	hb0545-01-c1
	786	+	Page 22 of 57
	787	+	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
	788	+
	789	+
	790	+
	791	+	limited liability company under this section may petition the 526
	792	+	court to appoint one of the persons specified in s. 605.0709(5 ) 527
	793	+	to receive service of process on behalf of the limited liability 528
	794	+	company. 529
	795	+	(4) Process against any dissolved domestic limited 530
	796	+	partnership must be served in accordance with s. 48.061. 531
	797	+	Section 8. Section 48.102, Florida Statutes, is created to 532
	798	+	read: 533
	799	+	48.102 Service by other means. —If, after due diligence, a 534
	800	+	party seeking to effectuate service is unable to effectuate 535
	801	+	personal service of process on a domestic or foreign 536
	802	+	corporation; a domestic or foreign general partnership, 537
	803	+	including a limited liabilit y partnership; a domestic or foreign 538
	804	+	limited partnership, including a limited liability limited 539
	805	+	partnership; or a domestic or foreign limited liability company, 540
	806	+	the court, upon motion and a showing of such inability, may 541
	807	+	authorize service in any other mann er that the party seeking to 542
	808	+	effectuate service shows will be reasonably effective to give 543
	809	+	the entity on which service is sought to be effectuated actual 544
	810	+	notice of the suit. Such other manners of service may include 545
	811	+	service electronically by e -mail or other technology, by any 546
	812	+	person authorized to serve process in accordance with this 547
	813	+	chapter, or by an attorney. 548
	814	+	Section 9. Subsection (2) of section 48.151, Florida 549
	815	+	Statutes, is amended to read: 550
	816	+
	817	+	CS/HB 545 2022
	818	+
	819	+
	820	+
	821	+	CODING: Words stricken are deletions; words underlined are additions.
	822	+	hb0545-01-c1
	823	+	Page 23 of 57
	824	+	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
	825	+
	826	+
	827	+
	828	+	48.151 Service on statutory agents for certain persons. — 551
	829	+	(2) This section does not apply to substituted service of 552
	830	+	process under s. 48.161 or s. 48.181 on nonresidents. 553
	831	+	Section 10. Section 48.161, Florida Statutes, is amended 554
	832	+	to read: 555
	833	+	48.161 Method of substituted service on nonresident. — 556
	834	+	(1) When authorized by law, substituted service of process 557
	835	+	on a nonresident individual or a corporation or other business 558
	836	+	entity incorporated or formed under the laws of any other state, 559
	837	+	territory, or commonwealth, or the laws of any foreign country, 560
	838	+	may or a person who conceals his or her whereabouts by serving a 561
	839	+	public officer designated by law shall be made by sending 562
	840	+	leaving a copy of the process to the office of the Secretary of 563
	841	+	State by personal delivery; by registered mail; with a fee of 564
	842	+	$8.75 with the public office r or in his or her office or by 565
	843	+	mailing the copies by certified mail, return receipt requested; 566
	844	+	by use of a commercial firm regularly engaged in the business of 567
	845	+	document or package delivery; or by electronic transmission to 568
	846	+	the public officer with the fee . The service is sufficient 569
	847	+	service on a party that defendant who has appointed or is deemed 570
	848	+	to have appointed the Secretary of State a public officer as 571
	849	+	such party's his or her agent for the service of process. The 572
	850	+	Secretary of State shall keep a record of all process served on 573
	851	+	the Secretary of State showing the day and hour of service. 574
	852	+	(2) Notice of service and a copy of the process must shall 575
	853	+
	854	+	CS/HB 545 2022
	855	+
	856	+
	857	+
	858	+	CODING: Words stricken are deletions; words underlined are additions.
	859	+	hb0545-01-c1
	860	+	Page 24 of 57
	861	+	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
	862	+
	863	+
	864	+
	865	+	be sent forthwith by the party effectuating service or by such 576
	866	+	party's attorney by registered mail; by registered or certified 577
	867	+	mail, return receipt requested; or by use of a commercial firm 578
	868	+	regularly engaged in the business of document or package 579
	869	+	delivery. In addition, if the parties have recently and 580
	870	+	regularly used e-mail or other electronic means to communicate 581
	871	+	between themselves, the notice of service and a copy of the 582
	872	+	process must be sent by such electronic means or, if the party 583
	873	+	is being served by substituted service, the notice of service 584
	874	+	and a copy of the process must be served at such party's last 585
	875	+	known physical address and, if applicable, last known electronic 586
	876	+	address. The party effectuating service shall file proof of 587
	877	+	service or return receipts showing delivery to the other party 588
	878	+	by mail or courier and by electronic means, if electronic means 589
	879	+	were used, unless the party is actively refusing or rejecting 590
	880	+	the delivery of the notice. An by the plaintiff or his or her 591
	881	+	attorney to the defendant, and the defendant's return receipt 592
	882	+	and the affidavit of compliance of the party effectuating 593
	883	+	service plaintiff or such party's his or her attorney must of 594
	884	+	compliance shall be filed within 40 days after on or before the 595
	885	+	date return day of service on the Secretary of State process or 596
	886	+	within such additional time as the court allows . The affidavit 597
	887	+	of compliance must set forth the facts that justify substituted 598
	888	+	service under this section and that show due diligence was 599
	889	+	exercised in attempting to locate and effectuate personal 600
	890	+
	891	+	CS/HB 545 2022
	892	+
	893	+
	894	+
	895	+	CODING: Words stricken are deletions; words underlined are additions.
	896	+	hb0545-01-c1
	897	+	Page 25 of 57
	898	+	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
	899	+
	900	+
	901	+
	902	+	service on the party before using substituted service under this 601
	903	+	section. The party effectuating service does not need to allege 602
	904	+	in its original or amended complaint the facts required to be 603
	905	+	set forth in the affidavit of compliance. 604
	906	+	(3) When an individual or a business entity conceals its 605
	907	+	whereabouts, the party seeking to effectuate service, after 606
	908	+	exercising due diligence to locate and effectuate personal 607
	909	+	service, may use substituted service pursuant to subsection (1) 608
	910	+	in connection with any action in which the court has 609
	911	+	jurisdiction over such individual or busine ss entity. The party 610
	912	+	seeking to effectuate service must also comply with subsection 611
	913	+	(2); however, a return receipt or other proof showing acceptance 612
	914	+	of receipt of the notice of service and a , or the notice and 613
	915	+	copy of the shall be served on the defendant, if found within 614
	916	+	the state, by an officer authorized to serve legal process by 615
	917	+	the concealed party need not be filed , or if found without the 616
	918	+	state, by a sheriff or a deputy sheriff of any county of this 617
	919	+	state or any duly constituted public officer qualifie d to serve 618
	920	+	like process in the state or jurisdiction where the defendant is 619
	921	+	found. The officer's return showing service shall be filed on or 620
	922	+	before the return day of the process or within such time as the 621
	923	+	court allows. The fee paid by the plaintiff to the public 622
	924	+	officer shall be taxed as cost if he or she prevails in the 623
	925	+	action. The public officer shall keep a record of all process 624
	926	+	served on him or her showing the day and hour of service . 625
	927	+
	928	+	CS/HB 545 2022
	929	+
	930	+
	931	+
	932	+	CODING: Words stricken are deletions; words underlined are additions.
	933	+	hb0545-01-c1
	934	+	Page 26 of 57
	935	+	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
	936	+
	937	+
	938	+
	939	+	(4)(a) The party effectuating service is considered to 626
	940	+	have used due diligence if that party: 627
	941	+	1. Made diligent inquiry and exerted an honest and 628
	942	+	conscientious effort appropriate to the circumstances to acquire 629
	943	+	the information necessary to effectuate personal service; 630
	944	+	2. In seeking to effectuate personal service, reaso nably 631
	945	+	employed the knowledge at the party's command, including 632
	946	+	knowledge obtained pursuant to subparagraph 1.; and 633
	947	+	3. Made an appropriate number of attempts to serve the 634
	948	+	party, taking into account the particular circumstances. 635
	949	+	(b) In making the determination as to whether the party 636
	950	+	effectuating service of process on any party who is a natural 637
	951	+	person used due diligence, there is a rebuttable presumption 638
	952	+	that the serving party exercised due diligence by making three 639
	953	+	good faith attempts to serve the other party during such times 640
	954	+	when and such locations where such party is reasonably likely to 641
	955	+	be found, as determined through resources reasonably available 642
	956	+	to the party seeking to secure service of process. 643
	957	+	(5)(2) If any individual person on whom service of process 644
	958	+	is authorized under subsection (1) dies, service may be made in 645
	959	+	the same manner on his or her administrator, executor, curator, 646
	960	+	or personal representative in the same manner. 647
	961	+	(6)(4) The Secretary of State public officer may designate 648
	962	+	an individual some other person in his or her office to accept 649
	963	+	service. 650
	964	+
	965	+	CS/HB 545 2022
	966	+
	967	+
	968	+
	969	+	CODING: Words stricken are deletions; words underlined are additions.
	970	+	hb0545-01-c1
	971	+	Page 27 of 57
	972	+	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
	973	+
	974	+
	975	+
	976	+	(7) Service of process is effectuated under this section 651
	977	+	on the date the service is received by the Department of State. 652
	978	+	(8) The Department of State shall maintain a record of 653
	979	+	each process served pursuant to this section and record the time 654
	980	+	of and the action taken regarding the service. 655
	981	+	(9)(3) This section does not apply to persons on whom 656
	982	+	service is authorized under s. 48.151. 657
	983	+	Section 11. Section 48.181, Florida Statutes, is amend ed 658
	984	+	to read: 659
	985	+	48.181 Substituted service on nonresidents and foreign 660
	986	+	business entities nonresident engaging in business in state or 661
	987	+	concealing their whereabouts .— 662
	988	+	(1) As used in this section, the term "foreign business 663
	989	+	entity" means any corporation or ot her business entity that is 664
	990	+	incorporated, formed, or existing under the laws of any other 665
	991	+	state, territory, or commonwealth, or the laws of any foreign 666
	992	+	country. 667
	993	+	(2) The acceptance by any individual person or persons, 668
	994	+	individually or associated together a s a copartnership or any 669
	995	+	other form or type of association, who is a resident are 670
	996	+	residents of any other state, territory, or commonwealth, or of 671
	997	+	any foreign or country, or by any foreign business entity and 672
	998	+	all foreign corporations, and any person who is a resident of 673
	999	+	the state and who subsequently becomes a nonresident of the 674
	1000	+	state or conceals his or her whereabouts, of the privilege 675
	1001	+
	1002	+	CS/HB 545 2022
	1003	+
	1004	+
	1005	+
	1006	+	CODING: Words stricken are deletions; words underlined are additions.
	1007	+	hb0545-01-c1
	1008	+	Page 28 of 57
	1009	+	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
	1010	+
	1011	+
	1012	+
	1013	+	extended by law to nonresidents and others to operate, conduct, 676
	1014	+	engage in, or carry on a business or business venture in this 677
	1015	+	the state, or to have an office or agency in this the state, is 678
	1016	+	deemed to constitute constitutes an appointment by the 679
	1017	+	individual or persons and foreign business entity corporations 680
	1018	+	of the Secretary of State of this the state as its their agent 681
	1019	+	on whom all process in any action or proceeding against the 682
	1020	+	individual or foreign business entity them, or any combination 683
	1021	+	thereof of them, arising out of any transaction or operation 684
	1022	+	connected with or incidental to the business or business venture 685
	1023	+	may be served as substituted service in accordance with this 686
	1024	+	chapter. The acceptance of the privilege is signification of the 687
	1025	+	agreement of the respective individual or persons and foreign 688
	1026	+	business entity corporations that the process served against it 689
	1027	+	in accordance with this chapter them which is so served is of 690
	1028	+	the same validity as if served personally on the individual 691
	1029	+	persons or foreign business entity corporations. 692
	1030	+	(3)(2) If a foreign business entity corporation has 693
	1031	+	registered to do business a resident agent or offi cer in this 694
	1032	+	the state and has maintained its registration in an active 695
	1033	+	status or otherwise continued to have a registered agent , 696
	1034	+	personal service of process must first shall be attempted served 697
	1035	+	on the foreign business entity in the manner and order of 698
	1036	+	priority described in this chapter as applicable to the foreign 699
	1037	+	business entity. If, after due diligence, the party seeking to 700
	1038	+
	1039	+	CS/HB 545 2022
	1040	+
	1041	+
	1042	+
	1043	+	CODING: Words stricken are deletions; words underlined are additions.
	1044	+	hb0545-01-c1
	1045	+	Page 29 of 57
	1046	+	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
	1047	+
	1048	+
	1049	+
	1050	+	effectuate service of process is unable to effectuate service of 701
	1051	+	process on the registered agent or other official as provided in 702
	1052	+	this chapter, the party may use substituted service of process 703
	1053	+	on the Secretary of State resident agent or officer . 704
	1054	+	(4) Any individual or foreign business entity that 705
	1055	+	conceals its whereabouts is deemed to have appointed the 706
	1056	+	Secretary of State as its agent on whom all process may be 707
	1057	+	served in any action or proceeding against it, or any 708
	1058	+	combination thereof, arising out of any transaction or operation 709
	1059	+	connected with or incidental to any business or business venture 710
	1060	+	carried on in this state by such individual or foreign business 711
	1061	+	entity. 712
	1062	+	(5)(3) Any individual or foreign business entity that 713
	1063	+	person, firm, or corporation which sells, consigns, or leases by 714
	1064	+	any means whatsoever tangible or intangible personal p roperty, 715
	1065	+	through brokers, jobbers, wholesalers, or distributors to any 716
	1066	+	individual person, firm, or corporation, or other business 717
	1067	+	entity in this state is conclusively presumed to be both engaged 718
	1068	+	in substantial and not isolated activities within this state and 719
	1069	+	operating, conducting, engaging in, or carrying on a business or 720
	1070	+	business venture in this state. 721
	1071	+	(6) Service pursuant to this section must be effectuated 722
	1072	+	in the manner prescribed by s. 48.161. 723
	1073	+	Section 12. Section 48.184, Florida Statutes, is crea ted 724
	1074	+	to read: 725
	1075	+
	1076	+	CS/HB 545 2022
	1077	+
	1078	+
	1079	+
	1080	+	CODING: Words stricken are deletions; words underlined are additions.
	1081	+	hb0545-01-c1
	1082	+	Page 30 of 57
	1083	+	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
	1084	+
	1085	+
	1086	+
	1087	+	48.184 Service of process for removal of unknown parties 726
	1088	+	in possession.— 727
	1089	+	(1) This section applies only to actions governed by s. 728
	1090	+	82.03, s. 83.21, s. 83.59, or s. 723.061 and only to the extent 729
	1091	+	that such actions seek relief for the removal of unknown parties 730
	1092	+	in possession of real property. The provisions of this section 731
	1093	+	are cumulative to other provisions of law or rules of court 732
	1094	+	about service of process, and all other such provisions are 733
	1095	+	cumulative to this section. 734
	1096	+	(2) A summons must be is sued in the name of "Unknown Party 735
	1097	+	in Possession" when the name of an occupant of real property is 736
	1098	+	not known to the plaintiff and the property occupied by the 737
	1099	+	unknown party is identified in the complaint and summons. A 738
	1100	+	separate summons must be issued for e ach such unknown occupant. 739
	1101	+	(3) The plaintiff shall attempt to serve the summons on 740
	1102	+	any unknown occupant of the property described in the summons 741
	1103	+	and complaint. If service on the unknown occupant is not 742
	1104	+	effectuated on the first attempt, at least two addit ional 743
	1105	+	attempts must be made. The three attempts to obtain service must 744
	1106	+	be made once during business hours, once during nonbusiness 745
	1107	+	hours, and once during a weekend. The process server shall make 746
	1108	+	an inquiry as to the name of the unknown occupant at the time of 747
	1109	+	service. The return of service must note the name of the 748
	1110	+	occupant if obtained by the process server or state that the 749
	1111	+	name of the occupant could not be obtained after inquiry. If the 750
	1112	+
	1113	+	CS/HB 545 2022
	1114	+
	1115	+
	1116	+
	1117	+	CODING: Words stricken are deletions; words underlined are additions.
	1118	+	hb0545-01-c1
	1119	+	Page 31 of 57
	1120	+	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
	1121	+
	1122	+
	1123	+
	1124	+	name of the occupant becomes known to the plaintiff through the 751
	1125	+	return of service or otherwise, without notice or hearing 752
	1126	+	thereon, all subsequent proceedings must be conducted under the 753
	1127	+	true name of such occupant and all prior proceedings are deemed 754
	1128	+	amended accordingly. 755
	1129	+	(4) Service of process must also be made on unknown 756
	1130	+	occupants by both of the following means: 757
	1131	+	(a) By attaching the summons and complaint to a 758
	1132	+	conspicuous location on the premises involved in the 759
	1133	+	proceedings. 760
	1134	+	(b) Upon issuance of the summons, by the plaintiff 761
	1135	+	providing the clerk of the court with one add itional copy of the 762
	1136	+	summons and complaint for each unknown occupant and a prestamped 763
	1137	+	envelope for each unknown occupant addressed to the unknown 764
	1138	+	occupant at the address of the premises involved in the 765
	1139	+	proceedings. The clerk of the court shall immediately m ail a 766
	1140	+	copy of the summons and complaint by first -class mail, note the 767
	1141	+	fact of mailing in the docket, and file a certificate in the 768
	1142	+	court file of the fact and date of mailing. The clerk of the 769
	1143	+	court shall charge such fees for such services as provided by 770
	1144	+	law. 771
	1145	+	(5) Service is effective on the unknown occupant in 772
	1146	+	possession on the later of the date that personal service is 773
	1147	+	made, the date of attaching the summons and complaint to a 774
	1148	+	conspicuous location on the premises, or upon mailing by the 775
	1149	+
	1150	+	CS/HB 545 2022
	1151	+
	1152	+
	1153	+
	1154	+	CODING: Words stricken are deletions; words underlined are additions.
	1155	+	hb0545-01-c1
	1156	+	Page 32 of 57
	1157	+	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
	1158	+
	1159	+
	1160	+
	1161	+	clerk. 776
	1162	+	(6) The judgment and writ of possession must refer to any 777
	1163	+	unknown occupant in possession by name if the name is shown on 778
	1164	+	the return of service or is otherwise known to the plaintiff. If 779
	1165	+	the name of any unknown occupant in possession is not shown on 780
	1166	+	the return of service or otherwise known to the plaintiff and 781
	1167	+	service has been effectuated as provided in this section, the 782
	1168	+	judgment and writ of possession must refer to each such person 783
	1169	+	as "Unknown Party in Possession," and the writ of possession 784
	1170	+	must be executed by the sheriff by dispossessing the occupants 785
	1171	+	and placing the plaintiff in possession of the property. 786
	1172	+	Section 13. Subsections (1) and (2) of section 48.194, 787
	1173	+	Florida Statutes, are amended to read: 788
	1174	+	48.194 Personal service in another outside state, 789
	1175	+	territory, or commonwealth of the United States .— 790
	1176	+	(1) Except as otherwise provided herein, service of 791
	1177	+	process on a party in another persons outside of this state, 792
	1178	+	territory, or commonwealth of the United States must shall be 793
	1179	+	made in the same manner as service with in this state by any 794
	1180	+	person authorized to serve process in the state where service 795
	1181	+	shall be made the person is served . No order of court is 796
	1182	+	required. A court may consider the return-of-service form 797
	1183	+	described in s. 48.21, or any other competent evidence, shall be 798
	1184	+	filed with the court stating the time, manner, and place of 799
	1185	+	service. The court may consider such evidence in determining 800
	1186	+
	1187	+	CS/HB 545 2022
	1188	+
	1189	+
	1190	+
	1191	+	CODING: Words stricken are deletions; words underlined are additions.
	1192	+	hb0545-01-c1
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	1194	+	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
	1195	+
	1196	+
	1197	+
	1198	+	whether service has been properly made. Service of process on 801
	1199	+	persons outside the United States may be required to conform to 802
	1200	+	the provisions of the Hague Convention on the Service Abroad of 803
	1201	+	Judicial and Extrajudicial Documents in Civil or Commercial 804
	1202	+	Matters. 805
	1203	+	(2) When Where in rem or quasi in rem relief is sought in 806
	1204	+	a foreclosure proceeding as defined by s. 702.09, and the 807
	1205	+	address of the person to be served is known, service of process 808
	1206	+	on a person in another state, territory, or commonwealth outside 809
	1207	+	of the United States this state where the address of the person 810
	1208	+	to be served is known may be made by registered mail as follows: 811
	1209	+	(a) The party's attorney or the party, if the party is not 812
	1210	+	represented by an attorney, shall place a copy of the original 813
	1211	+	process and the complaint, petition, or other initial pleading 814
	1212	+	or paper and, if applicable, the order to show cause issued 815
	1213	+	pursuant to s. 702.10 in a sealed envelope with adequate postage 816
	1214	+	addressed to the person to be served. 817
	1215	+	(b) The envelope must shall be placed in the mail as 818
	1216	+	registered mail. 819
	1217	+	(c) Service under this subsection is deemed shall be 820
	1218	+	considered obtained upon the signing of the return receipt by 821
	1219	+	the person allowed to be served by law. 822
	1220	+	Section 14. Subsection (15) of section 49.011, Florida 823
	1221	+	Statutes, is amended to read: 824
	1222	+	49.011 Service of process by publication; cases in which 825
	1223	+
	1224	+	CS/HB 545 2022
	1225	+
	1226	+
	1227	+
	1228	+	CODING: Words stricken are deletions; words underlined are additions.
	1229	+	hb0545-01-c1
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	1231	+	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
	1232	+
	1233	+
	1234	+
	1235	+	allowed.—Service of process by publication may be made in any 826
	1236	+	court on any party identified in s. 49.021 in any action or 827
	1237	+	proceeding: 828
	1238	+	(15) To determine paternity, but only as to : 829
	1239	+	(a) The legal father in a paternity action in which 830
	1240	+	another man is alleged to be the biol ogical father, in which 831
	1241	+	case it is necessary to serve process on the legal father in 832
	1242	+	order to establish paternity with regard to the alleged 833
	1243	+	biological father; or 834
	1244	+	(b) The legal mother when there is no legal father . 835
	1245	+	Section 15. Section 48.197, Florida Statutes, is created 836
	1246	+	to read: 837
	1247	+	48.197 Service in a foreign country. — 838
	1248	+	(1) Service of process may be effectuated in a foreign 839
	1249	+	country upon a party, other than a minor or an incompetent 840
	1250	+	person, as provided in any of the following: 841
	1251	+	(a) By any internation ally agreed-upon means of service 842
	1252	+	reasonably calculated to give actual notice of the proceedings, 843
	1253	+	such as those authorized by the Hague Convention on the Service 844
	1254	+	Abroad of Judicial and Extrajudicial Documents in Civil or 845
	1255	+	Commercial Matters. 846
	1256	+	(b) If there is no internationally agreed -upon means of 847
	1257	+	service, or if an international agreement allows but does not 848
	1258	+	specify other means, by a method reasonably calculated to give 849
	1259	+	actual notice of the proceedings: 850
	1260	+
	1261	+	CS/HB 545 2022
	1262	+
	1263	+
	1264	+
	1265	+	CODING: Words stricken are deletions; words underlined are additions.
	1266	+	hb0545-01-c1
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	1268	+	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
	1269	+
	1270	+
	1271	+
	1272	+	1. As prescribed by the foreign country's law for se rvice 851
	1273	+	in that country in an action in its courts of general 852
	1274	+	jurisdiction; 853
	1275	+	2. As the foreign authority directs in response to a 854
	1276	+	letter rogatory or letter of request; or 855
	1277	+	3. Unless prohibited by the foreign country's law, by: 856
	1278	+	a. If serving an individual , delivering a copy of the 857
	1279	+	summons and of the complaint to the individual personally; or 858
	1280	+	b. Using any form of mail which the clerk addresses and 859
	1281	+	sends to the party and which requires a signed receipt. 860
	1282	+	(c) Pursuant to motion and order by the court, by o ther 861
	1283	+	means, including electronically by e -mail or other technology, 862
	1284	+	which the party seeking service shows is reasonably calculated 863
	1285	+	to give actual notice of the proceedings and is not prohibited 864
	1286	+	by international agreement, as the court orders. 865
	1287	+	(2) Service of process may be effectuated in a foreign 866
	1288	+	country upon a minor or an incompetent person in the manner 867
	1289	+	prescribed by subparagraph (1)(b)1., subparagraph (1)(b)2., or 868
	1290	+	paragraph (1)(c). 869
	1291	+	Section 16. Effective upon this act becoming a law, 870
	1292	+	subsection (2), paragraph (a) of subsection (3), and subsection 871
	1293	+	(4) of section 766.106, Florida Statutes, are amended to read: 872
	1294	+	766.106 Notice before filing action for medical 873
	1295	+	negligence; presuit screening period; offers for admission of 874
	1296	+	liability and for arbitration; i nformal discovery; review. — 875
	1297	+
	1298	+	CS/HB 545 2022
	1299	+
	1300	+
	1301	+
	1302	+	CODING: Words stricken are deletions; words underlined are additions.
	1303	+	hb0545-01-c1
	1304	+	Page 36 of 57
	1305	+	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
	1306	+
	1307	+
	1308	+
	1309	+	(2) PRESUIT NOTICE. — 876
	1310	+	(a) After completion of presuit investigation pursuant to 877
	1311	+	s. 766.203(2) and before prior to filing a complaint for medical 878
	1312	+	negligence, a claimant shall notify each prospective defendant 879
	1313	+	of intent to initiate litigation for medical negligence by at 880
	1314	+	least one of the following verifiable means: 881
	1315	+	1. United States Postal Service certified mail, return 882
	1316	+	receipt requested; 883
	1317	+	2. United States Postal Service mail with a tracking 884
	1318	+	number; 885
	1319	+	3. An interstate commerci al mail carrier or delivery 886
	1320	+	service; or 887
	1321	+	4. Any person authorized by law to serve process. 888
	1322	+	(b)1. Proof of service made pursuant to this subsection 889
	1323	+	and delivered to an address on file with the Department of 890
	1324	+	Health, the Secretary of State, or the Agency f or Health Care 891
	1325	+	Administration creates a rebuttable presumption that service was 892
	1326	+	received by the prospective defendant. 893
	1327	+	2. If service is challenged during subsequent litigation, 894
	1328	+	an evidentiary hearing must be held by the court to determine 895
	1329	+	whether the prospective defendant or a person legally related to 896
	1330	+	the prospective defendant was provided notice pursuant to this 897
	1331	+	subsection and, if so, the date of such service. If service is 898
	1332	+	challenged under this subparagraph, it must be challenged in the 899
	1333	+	first response to the complaint, and if: 900
	1334	+
	1335	+	CS/HB 545 2022
	1336	+
	1337	+
	1338	+
	1339	+	CODING: Words stricken are deletions; words underlined are additions.
	1340	+	hb0545-01-c1
	1341	+	Page 37 of 57
	1342	+	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
	1343	+
	1344	+
	1345	+
	1346	+	a. The court determines that service was properly made at 901
	1347	+	the prospective defendant's address as listed on the state 902
	1348	+	licensing agency website or an address on file with the 903
	1349	+	Secretary of State; and 904
	1350	+	b. The prospective defendant proves by the greater weight 905
	1351	+	of the evidence that neither the prospective defendant nor a 906
	1352	+	person legally related to the pros pective defendant at the time 907
	1353	+	of service knew or should have known of the service, 908
	1354	+	909
	1355	+	the court shall stay the case for a presuit investigation period 910
	1356	+	pursuant to s. 766.106 and the statute of limitations and 911
	1357	+	statute of repose shall be tolled from the time s ervice was 912
	1358	+	properly made at the prospective defendant's address as listed 913
	1359	+	on the state licensing agency website or an address on file with 914
	1360	+	the Secretary of State. The tolling shall end at the conclusion 915
	1361	+	of the presuit investigation period provided for in t his 916
	1362	+	subsection and the stay of litigation shall automatically end at 917
	1363	+	the conclusion of the presuit investigation period by certified 918
	1364	+	mail, return receipt requested, of intent to initiate litigation 919
	1365	+	for medical negligence . 920
	1366	+	(c) Notice to each prospective d efendant must include, if 921
	1367	+	available, a list of all known health care providers seen by the 922
	1368	+	claimant for the injuries complained of subsequent to the 923
	1369	+	alleged act of negligence, all known health care providers 924
	1370	+	during the 2-year period before prior to the alleged act of 925
	1371	+
	1372	+	CS/HB 545 2022
	1373	+
	1374	+
	1375	+
	1376	+	CODING: Words stricken are deletions; words underlined are additions.
	1377	+	hb0545-01-c1
	1378	+	Page 38 of 57
	1379	+	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
	1380	+
	1381	+
	1382	+
	1383	+	negligence who treated or evaluated the claimant, copies of all 926
	1384	+	of the medical records relied upon by the expert in signing the 927
	1385	+	affidavit, and the executed authorization form provided in s. 928
	1386	+	766.1065. 929
	1387	+	(d)(b) Following the initiation of a suit alleging medical 930
	1388	+	negligence with a court of competent jurisdiction, and service 931
	1389	+	of the complaint upon a prospective defendant, the claimant 932
	1390	+	shall provide a copy of the complaint to the Department of 933
	1391	+	Health and, if the complaint involves a facility licensed under 934
	1392	+	chapter 395, the Agency for Health Care Administration. The 935
	1393	+	requirement of providing the complaint to the Department of 936
	1394	+	Health or the Agency for Health Care Administration does not 937
	1395	+	impair the claimant's legal rights or ability to seek relief for 938
	1396	+	his or her claim. The Department of Health or the Agency for 939
	1397	+	Health Care Administration shall review each incident that is 940
	1398	+	the subject of the complaint and determine whether it involved 941
	1399	+	conduct by a licensee which is potentially subject to 942
	1400	+	disciplinary action, in which case, for a licensed health care 943
	1401	+	practitioner, the provisions of s. 456.073 applies apply and, 944
	1402	+	for a licensed facility, the provisions of part I of chapter 395 945
	1403	+	applies apply. 946
	1404	+	(3) PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT. — 947
	1405	+	(a) A no suit may not be filed for a period of 90 days 948
	1406	+	after notice is delivered mailed to any prospective defendant. 949
	1407	+	During the 90-day period, the prospective defendant or the 950
	1408	+
	1409	+	CS/HB 545 2022
	1410	+
	1411	+
	1412	+
	1413	+	CODING: Words stricken are deletions; words underlined are additions.
	1414	+	hb0545-01-c1
	1415	+	Page 39 of 57
	1416	+	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
	1417	+
	1418	+
	1419	+
	1420	+	prospective defendant's insurer or self -insurer shall conduct a 951
	1421	+	review as provided in s . 766.203(3) to determine the liability 952
	1422	+	of the prospective defendant. Each insurer or self -insurer shall 953
	1423	+	have a procedure for the prompt investigation, review, and 954
	1424	+	evaluation of claims during the 90 -day period. This procedure 955
	1425	+	must shall include one or more of the following: 956
	1426	+	1. Internal review by a duly qualified claims adjuster; 957
	1427	+	2. Creation of a panel comprised of an attorney 958
	1428	+	knowledgeable in the prosecution or defense of medical 959
	1429	+	negligence actions, a health care provider trained in the same 960
	1430	+	or similar medical specialty as the prospective defendant, and a 961
	1431	+	duly qualified claims adjuster; 962
	1432	+	3. A contractual agreement with a state or local 963
	1433	+	professional society of health care providers, which maintains a 964
	1434	+	medical review committee; or 965
	1435	+	4. Any other similar pr ocedure which fairly and promptly 966
	1436	+	evaluates the pending claim. 967
	1437	+	968
	1438	+	Each insurer or self -insurer shall investigate the claim in good 969
	1439	+	faith, and both the claimant and prospective defendant shall 970
	1440	+	cooperate with the insurer in good faith. If the insurer 971
	1441	+	requires, a claimant must shall appear before a pretrial 972
	1442	+	screening panel or before a medical review committee and shall 973
	1443	+	submit to a physical examination, if required. Unreasonable 974
	1444	+	failure of any party to comply with this section justifies 975
	1445	+
	1446	+	CS/HB 545 2022
	1447	+
	1448	+
	1449	+
	1450	+	CODING: Words stricken are deletions; words underlined are additions.
	1451	+	hb0545-01-c1
	1452	+	Page 40 of 57
	1453	+	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
	1454	+
	1455	+
	1456	+
	1457	+	dismissal of claims or def enses. There shall be no civil 976
	1458	+	liability for participation in a pretrial screening procedure if 977
	1459	+	done without intentional fraud. 978
	1460	+	(4) SERVICE OF PRESUIT NOTICE AND TOLLING. —The notice of 979
	1461	+	intent to initiate litigation must shall be served within the 980
	1462	+	time limits set forth in s. 95.11. However, upon mailing of the 981
	1463	+	notice of intent to initiate litigation, as provided in 982
	1464	+	subparagraph (2)(a)1., subparagraph (2)(a)2., or subparagraph 983
	1465	+	(2)(a)3., and during the 90-day period provided in subsection 984
	1466	+	(3), the statute of limitations is tolled as to all prospective 985
	1467	+	potential defendants. If the notice of intent to initiate 986
	1468	+	litigation is served by a process server, as provided in 987
	1469	+	subparagraph (2)(a)4., the statute of limitations is tolled upon 988
	1470	+	the process server's first atte mpt to serve the prospective 989
	1471	+	defendant and continues during the 90 -day period as to all 990
	1472	+	prospective defendants. Upon stipulation by the parties, the 90 -991
	1473	+	day period may be extended and the statute of limitations is 992
	1474	+	tolled during any such extension. Upon rece iving notice of 993
	1475	+	termination of negotiations in an extended period, the claimant 994
	1476	+	shall have 60 days or the remainder of the period of the statute 995
	1477	+	of limitations, whichever is greater, within which to file suit. 996
	1478	+	As used in this section, the terms "prospectiv e" and "potential" 997
	1479	+	are interchangeable as synonyms. 998
	1480	+	Section 17. Section 495.145, Florida Statutes, is amended 999
	1481	+	to read: 1000
	1482	+
	1483	+	CS/HB 545 2022
	1484	+
	1485	+
	1486	+
	1487	+	CODING: Words stricken are deletions; words underlined are additions.
	1488	+	hb0545-01-c1
	1489	+	Page 41 of 57
	1490	+	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
	1491	+
	1492	+
	1493	+
	1494	+	495.145 Forum for actions regarding registration. —An 1001
	1495	+	action seeking cancellation of a registration of a mark 1002
	1496	+	registered under this chapter may be brought in any court of 1003
	1497	+	competent jurisdiction in this state. Service of process on a 1004
	1498	+	nonresident registrant may be made in accordance with ss. 48.161 1005
	1499	+	and 48.181 s. 48.181. The department may shall not be made a 1006
	1500	+	party to cancellation proceed ings. 1007
	1501	+	Section 18. Section 605.0117, Florida Statutes, is amended 1008
	1502	+	to read: 1009
	1503	+	605.0117 Serving Service of process, giving notice, or 1010
	1504	+	making a demand.— 1011
	1505	+	(1) Process against a limited liability company or 1012
	1506	+	registered foreign limited liability company may b e served in 1013
	1507	+	accordance with s. 48.062 and chapter 48 or chapter 49 with 1014
	1508	+	process required or authorized by law by serving on its 1015
	1509	+	registered agent. 1016
	1510	+	(2) If a limited liability company or registered foreign 1017
	1511	+	limited liability company ceases to have a register ed agent or 1018
	1512	+	if its registered agent cannot with reasonable diligence be 1019
	1513	+	served, the process required or permitted by law may instead be 1020
	1514	+	served: 1021
	1515	+	(a) On a member of a member -managed limited liability 1022
	1516	+	company or registered foreign limited liability company; or 1023
	1517	+	(b) On a manager of a manager -managed limited liability 1024
	1518	+	company or registered foreign limited liability company. 1025
	1519	+
	1520	+	CS/HB 545 2022
	1521	+
	1522	+
	1523	+
	1524	+	CODING: Words stricken are deletions; words underlined are additions.
	1525	+	hb0545-01-c1
	1526	+	Page 42 of 57
	1527	+	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
	1528	+
	1529	+
	1530	+
	1531	+	(3) If the process cannot be served on a limited liability 1026
	1532	+	company or registered foreign limited liability company pursuant 1027
	1533	+	to subsection (1) or subsection (2), the process may be served 1028
	1534	+	on the secretary of state as an agent of the company. 1029
	1535	+	(4) Service of process on the secretary of state may be 1030
	1536	+	made by delivering to and leaving with the department duplicate 1031
	1537	+	copies of the process. 1032
	1538	+	(5) Service is effectuated under subsection (3) on the 1033
	1539	+	date shown as received by the department. 1034
	1540	+	(6) The department shall keep a record of each process 1035
	1541	+	served pursuant to this section and record the time of and the 1036
	1542	+	action taken regarding the service. 1037
	1543	+	(2)(7) Any notice or demand on a limited liability company 1038
	1544	+	or registered foreign limited liability company under this 1039
	1545	+	chapter may be given or made to any member of a member -managed 1040
	1546	+	limited liability company or registered foreign limited 1041
	1547	+	liability company or to any manager of a manager -managed limited 1042
	1548	+	liability company or registered foreign limited liability 1043
	1549	+	company; to the registered agent of the limited liability 1044
	1550	+	company or registered foreign limited liability company at the 1045
	1551	+	registered office of the limited li ability company or registered 1046
	1552	+	foreign limited liability company in this state; or to any other 1047
	1553	+	address in this state which that is in fact the principal office 1048
	1554	+	of the limited liability company or registered foreign limited 1049
	1555	+	liability company in this state. 1050
	1556	+
	1557	+	CS/HB 545 2022
	1558	+
	1559	+
	1560	+
	1561	+	CODING: Words stricken are deletions; words underlined are additions.
	1562	+	hb0545-01-c1
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	1564	+	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
	1565	+
	1566	+
	1567	+
	1568	+	(3) A registered series of a foreign series limited 1051
	1569	+	liability company may be served in the same manner as a 1052
	1570	+	registered limited liability company. 1053
	1571	+	(4)(8) This section does not affect the right to serve 1054
	1572	+	process, give notice, or make a demand in any other manner 1055
	1573	+	provided by law. 1056
	1574	+	Section 19. Subsection (1) of section 605.09091, Florida 1057
	1575	+	Statutes, is amended to read: 1058
	1576	+	605.09091 Judicial review of denial of reinstatement. — 1059
	1577	+	(1) If the department denies a foreign limited liability 1060
	1578	+	company's application fo r reinstatement after revocation of its 1061
	1579	+	certificate of authority, the department must shall serve the 1062
	1580	+	foreign limited liability company, pursuant to s. 605.0117(2) s. 1063
	1581	+	605.0117(7), with a written notice that explains the reason or 1064
	1582	+	reasons for the denial. 1065
	1583	+	Section 20. Paragraphs (f) and (g) of subsection (1) and 1066
	1584	+	subsection (2) of section 605.0910, Florida Statutes, are 1067
	1585	+	amended to read: 1068
	1586	+	605.0910 Withdrawal and cancellation of certificate of 1069
	1587	+	authority.— 1070
	1588	+	(1) To cancel its certificate of authority to trans act 1071
	1589	+	business in this state, a foreign limited liability company must 1072
	1590	+	deliver to the department for filing a notice of withdrawal of 1073
	1591	+	certificate of authority. The certificate of authority is 1074
	1592	+	canceled when the notice becomes effective pursuant to s. 1075
	1593	+
	1594	+	CS/HB 545 2022
	1595	+
	1596	+
	1597	+
	1598	+	CODING: Words stricken are deletions; words underlined are additions.
	1599	+	hb0545-01-c1
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	1601	+	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
	1602	+
	1603	+
	1604	+
	1605	+	605.0207. The notice of withdrawal of certificate of authority 1076
	1606	+	must be signed by an authorized representative and state the 1077
	1607	+	following: 1078
	1608	+	(f) A mailing address and an e-mail address to which a 1079
	1609	+	party seeking to effectuate service of process the department 1080
	1610	+	may send mail a copy of any process served on the Secretary of 1081
	1611	+	State under paragraph (e). 1082
	1612	+	(g) A commitment to notify the department in the future of 1083
	1613	+	any change in its mailing address or e-mail address. 1084
	1614	+	(2) After the withdrawal of the foreign limited liability 1085
	1615	+	company is effective, service of process on the Secretary of 1086
	1616	+	State using the procedures set forth in s. 48.161 under this 1087
	1617	+	section is service on the foreign limited liability company. 1088
	1618	+	Upon receipt of the process, the department shall mail a copy of 1089
	1619	+	the process to the foreign limited liability company at the 1090
	1620	+	mailing address set forth under paragraph (1)(f). 1091
	1621	+	Section 21. Paragraph (f) of subsection (2) of section 1092
	1622	+	605.1045, Florida Statutes, is amended to read: 1093
	1623	+	605.1045 Articles of conversion. — 1094
	1624	+	(2) The articles of conversion must contain the following: 1095
	1625	+	(f) If the converted entity is a foreign entity that does 1096
	1626	+	not have a certificate of authority to transact business in this 1097
	1627	+	state, a mailing address and an e-mail address to which a party 1098
	1628	+	seeking to effectuate service of process the department may send 1099
	1629	+	any process served on the Secretary of State department pursuant 1100
	1630	+
	1631	+	CS/HB 545 2022
	1632	+
	1633	+
	1634	+
	1635	+	CODING: Words stricken are deletions; words underlined are additions.
	1636	+	hb0545-01-c1
	1637	+	Page 45 of 57
	1638	+	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
	1639	+
	1640	+
	1641	+
	1642	+	to s. 605.0117 and chapter 48. 1101
	1643	+	Section 22. Section 607.0504, Florida Statutes, is amended 1102
	1644	+	to read: 1103
	1645	+	607.0504 Serving Service of process, giving notice, or 1104
	1646	+	making a demand on a corporation. — 1105
	1647	+	(1) A corporation may be served with process required or 1106
	1648	+	authorized by law in accordance with s. 48.081 and chapter 48 or 1107
	1649	+	chapter 49 by serving on its registered agent . 1108
	1650	+	(2) If a corporation ceases to ha ve a registered agent or 1109
	1651	+	if its registered agent cannot with reasonable diligence be 1110
	1652	+	served, the process required or permitted by law may instead be 1111
	1653	+	served on the chair of the board, the president, any vice 1112
	1654	+	president, the secretary, or the treasurer of the corporation at 1113
	1655	+	the principal office of the corporation in this state. 1114
	1656	+	(3) If the process cannot be served on a corporation 1115
	1657	+	pursuant to subsection (1) or subsection (2), the process may be 1116
	1658	+	served on the secretary of state as an agent of the corporation. 1117
	1659	+	(4) Service of process on the secretary of state shall be 1118
	1660	+	made by delivering to and leaving with the department duplicate 1119
	1661	+	copies of the process. 1120
	1662	+	(5) Service is effectuated under subsection (3) on the 1121
	1663	+	date shown as received by the department. 1122
	1664	+	(6) The department shall keep a record of each process 1123
	1665	+	served on the secretary of state pursuant to this subsection and 1124
	1666	+	record the time of and the action taken regarding the service. 1125
	1667	+
	1668	+	CS/HB 545 2022
	1669	+
	1670	+
	1671	+
	1672	+	CODING: Words stricken are deletions; words underlined are additions.
	1673	+	hb0545-01-c1
	1674	+	Page 46 of 57
	1675	+	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
	1676	+
	1677	+
	1678	+
	1679	+	(2)(7) Any notice or demand on a corporation under this 1126
	1680	+	chapter may be given or made to the chair of the board, the 1127
	1681	+	president, any vice president, the secretary, or the treasurer 1128
	1682	+	of the corporation; to the registered agent of the corporation 1129
	1683	+	at the registered office of the corporation in this state; or to 1130
	1684	+	any other address in this st ate which that is in fact the 1131
	1685	+	principal office of the corporation in this state. 1132
	1686	+	(3)(8) This section does not affect the right to serve 1133
	1687	+	process, give notice, or make a demand in any other manner 1134
	1688	+	provided by law. 1135
	1689	+	Section 23. Subsection (1) of section 607.1423, Florida 1136
	1690	+	Statutes, is amended to read: 1137
	1691	+	607.1423 Judicial review of denial of reinstatement. — 1138
	1692	+	(1) If the department denies a corporation's application 1139
	1693	+	for reinstatement after administrative dissolution, the 1140
	1694	+	department must shall serve the corporation under either s. 1141
	1695	+	607.0504(1) or (2) with a written notice that explains the 1142
	1696	+	reason or reasons for denial. 1143
	1697	+	Section 24. Section 607.15101, Florida Statutes, is 1144
	1698	+	amended to read: 1145
	1699	+	607.15101 Serving Service of process, giving notice, or 1146
	1700	+	making a demand on a foreign corporation. — 1147
	1701	+	(1) A foreign corporation may be served with process 1148
	1702	+	required or authorized by law in accordance with s. 48.081 and 1149
	1703	+	chapter 48 or chapter 49 by serving on its registered agent . 1150
	1704	+
	1705	+	CS/HB 545 2022
	1706	+
	1707	+
	1708	+
	1709	+	CODING: Words stricken are deletions; words underlined are additions.
	1710	+	hb0545-01-c1
	1711	+	Page 47 of 57
	1712	+	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
	1713	+
	1714	+
	1715	+
	1716	+	(2) If a foreign corporation ceases to h ave a registered 1151
	1717	+	agent or if its registered agent cannot with reasonable 1152
	1718	+	diligence be served, the process required or permitted by law 1153
	1719	+	may instead be served on the chair of the board, the president, 1154
	1720	+	any vice president, the secretary, or the treasurer of th e 1155
	1721	+	foreign corporation at the principal office of the foreign 1156
	1722	+	corporation in this state. 1157
	1723	+	(3) If the process cannot be served on a foreign 1158
	1724	+	corporation pursuant to subsection (1) or subsection (2), the 1159
	1725	+	process may be served on the secretary of state as an a gent of 1160
	1726	+	the foreign corporation. 1161
	1727	+	(4) Service of process on the secretary of state may be 1162
	1728	+	made by delivering to and leaving with the department duplicate 1163
	1729	+	copies of the process. 1164
	1730	+	(5) Service is effectuated under subsection (3) on the 1165
	1731	+	date shown as receive d by the department. 1166
	1732	+	(6) The department shall keep a record of each process 1167
	1733	+	served on the secretary of state pursuant to this section and 1168
	1734	+	record the time of and the action taken regarding the service. 1169
	1735	+	(2)(7) Any notice or demand on a foreign corporatio n under 1170
	1736	+	this chapter may be given or made : to the chair of the board, 1171
	1737	+	the president, any vice president, the secretary, or the 1172
	1738	+	treasurer of the foreign corporation; to the registered agent of 1173
	1739	+	the foreign corporation at the registered office of the foreign 1174
	1740	+	corporation in this state; or to any other address in this state 1175
	1741	+
	1742	+	CS/HB 545 2022
	1743	+
	1744	+
	1745	+
	1746	+	CODING: Words stricken are deletions; words underlined are additions.
	1747	+	hb0545-01-c1
	1748	+	Page 48 of 57
	1749	+	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
	1750	+
	1751	+
	1752	+
	1753	+	which that is in fact the principal office of the foreign 1176
	1754	+	corporation in this state. 1177
	1755	+	(3)(8) This section does not affect the right to serve 1178
	1756	+	process, give notice, or make a demand in any oth er manner 1179
	1757	+	provided by law. 1180
	1758	+	Section 25. Paragraphs (f) and (g) of subsection (1) and 1181
	1759	+	subsection (2) of section 607.1520, Florida Statutes, are 1182
	1760	+	amended to read: 1183
	1761	+	607.1520 Withdrawal and cancellation of certificate of 1184
	1762	+	authority for foreign corporation. — 1185
	1763	+	(1) To cancel its certificate of authority to transact 1186
	1764	+	business in this state, a foreign corporation must deliver to 1187
	1765	+	the department for filing a notice of withdrawal of certificate 1188
	1766	+	of authority. The certificate of authority is canceled when the 1189
	1767	+	notice of withdrawal becomes effective pursuant to s. 607.0123. 1190
	1768	+	The notice of withdrawal of certificate of authority must be 1191
	1769	+	signed by an officer or director and state the following: 1192
	1770	+	(f) A mailing address and an e-mail address to which a 1193
	1771	+	party seeking to effectua te service of process the secretary of 1194
	1772	+	state may send mail a copy of any process served on the 1195
	1773	+	Secretary of State under paragraph (e). 1196
	1774	+	(g) A commitment to notify the department in the future of 1197
	1775	+	any change in its mailing address or e-mail address. 1198
	1776	+	(2) After the withdrawal of the foreign corporation is 1199
	1777	+	effective, service of process on the Secretary of State using 1200
	1778	+
	1779	+	CS/HB 545 2022
	1780	+
	1781	+
	1782	+
	1783	+	CODING: Words stricken are deletions; words underlined are additions.
	1784	+	hb0545-01-c1
	1785	+	Page 49 of 57
	1786	+	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
	1787	+
	1788	+
	1789	+
	1790	+	the procedures in s. 48.161 under this section is service on the 1201
	1791	+	foreign corporation. Upon receipt of the process, the secretary 1202
	1792	+	of state shall mail a copy of the process to the foreign 1203
	1793	+	corporation at the mailing address set forth under paragraph 1204
	1794	+	(1)(f). 1205
	1795	+	Section 26. Subsections (1) and (3) of section 617.0504, 1206
	1796	+	Florida Statutes, are amended to read: 1207
	1797	+	617.0504 Serving Service of process, giving notice, or 1208
	1798	+	making a demand on a corporation. — 1209
	1799	+	(1) Process against any corporation may be served in 1210
	1800	+	accordance with s. 48.081 and chapter 48 or chapter 49. 1211
	1801	+	(3) This section does not prescribe the only means, or 1212
	1802	+	necessarily the required means, of servin g process, giving 1213
	1803	+	notice, or making a demand on a corporation. 1214
	1804	+	Section 27. Section 617.1510, Florida Statutes, is amended 1215
	1805	+	to read: 1216
	1806	+	617.1510 Serving Service of process, giving notice, or 1217
	1807	+	making a demand on a foreign corporation. — 1218
	1808	+	(1) Process against a foreign corporation may be served in 1219
	1809	+	accordance with s. 48.081 and chapter 48 or chapter 49 The 1220
	1810	+	registered agent of a foreign corporation authorized to conduct 1221
	1811	+	its affairs in this state is the corporation's agent for service 1222
	1812	+	of process, notice, or deman d required or permitted by law to be 1223
	1813	+	served on the foreign corporation . 1224
	1814	+	(2) A foreign corporation may be served by registered or 1225
	1815	+
	1816	+	CS/HB 545 2022
	1817	+
	1818	+
	1819	+
	1820	+	CODING: Words stricken are deletions; words underlined are additions.
	1821	+	hb0545-01-c1
	1822	+	Page 50 of 57
	1823	+	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
	1824	+
	1825	+
	1826	+
	1827	+	certified mail, return receipt requested, addressed to the 1226
	1828	+	secretary of the foreign corporation at its principal office 1227
	1829	+	shown in its application for a certificate of authority or in 1228
	1830	+	its most recent annual report if the foreign corporation: 1229
	1831	+	(a) Has no registered agent or its registered agent cannot 1230
	1832	+	with reasonable diligence be served; 1231
	1833	+	(b) Has withdrawn from conducting its aff airs in this 1232
	1834	+	state under s. 617.1520; or 1233
	1835	+	(c) Has had its certificate of authority revoked under s. 1234
	1836	+	617.1531. 1235
	1837	+	(3) Service is perfected under subsection (2) at the 1236
	1838	+	earliest of: 1237
	1839	+	(a) The date the foreign corporation receives the mail; 1238
	1840	+	(b) The date shown on the return receipt, if signed on 1239
	1841	+	behalf of the foreign corporation; or 1240
	1842	+	(c) Five days after its deposit in the United States mail, 1241
	1843	+	as evidenced by the postmark, if mailed postpaid and correctly 1242
	1844	+	addressed. 1243
	1845	+	(4) This section does not prescribe the only means, or 1244
	1846	+	necessarily the required means, of serving a foreign 1245
	1847	+	corporation. Process against any foreign corporation may also be 1246
	1848	+	served in accordance with chapter 48 or chapter 49. 1247
	1849	+	(2)(5) Any notice to or demand on a foreign corporation 1248
	1850	+	made pursuant to this act may be made in accordance with the 1249
	1851	+	procedures for notice to or demand on domestic corporations 1250
	1852	+
	1853	+	CS/HB 545 2022
	1854	+
	1855	+
	1856	+
	1857	+	CODING: Words stricken are deletions; words underlined are additions.
	1858	+	hb0545-01-c1
	1859	+	Page 51 of 57
	1860	+	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
	1861	+
	1862	+
	1863	+
	1864	+	under s. 617.0504. 1251
	1865	+	Section 28. Subsections (2) and (3) of section 617.1520, 1252
	1866	+	Florida Statutes, are amended to read: 1253
	1867	+	617.1520 Withdrawal of fore ign corporation.— 1254
	1868	+	(2) A foreign corporation authorized to conduct its 1255
	1869	+	affairs in this state may apply for a certificate of withdrawal 1256
	1870	+	by delivering an application to the Department of State for 1257
	1871	+	filing. The application must shall be made on forms prescrib ed 1258
	1872	+	and furnished by the Department of State and must shall set 1259
	1873	+	forth all of the following : 1260
	1874	+	(a) The name of the foreign corporation and the 1261
	1875	+	jurisdiction under the law under of which it is incorporated .; 1262
	1876	+	(b) That it is not conducting its affairs in this state 1263
	1877	+	and that it surrenders its authority to conduct its affairs in 1264
	1878	+	this state.; 1265
	1879	+	(c) That it revokes the authority of its registered agent 1266
	1880	+	to accept service on its behalf and appoints the Secretary of 1267
	1881	+	State Department of State as its agent for service o f process 1268
	1882	+	based on a cause of action arising during the time it was 1269
	1883	+	authorized to conduct its affairs in this state .; 1270
	1884	+	(d) A mailing address and an e-mail address to which a 1271
	1885	+	party seeking to effectuate service of process the Department of 1272
	1886	+	State may send mail a copy of any process served on it under 1273
	1887	+	paragraph (c).; and 1274
	1888	+	(e) A commitment to notify the Department of State in the 1275
	1889	+
	1890	+	CS/HB 545 2022
	1891	+
	1892	+
	1893	+
	1894	+	CODING: Words stricken are deletions; words underlined are additions.
	1895	+	hb0545-01-c1
	1896	+	Page 52 of 57
	1897	+	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
	1898	+
	1899	+
	1900	+
	1901	+	future of any change in its mailing address or e-mail address. 1276
	1902	+	(3) After the withdrawal of the corporation is effective, 1277
	1903	+	service of process in accordance with s. 48.161 on the 1278
	1904	+	Department of State under this section is service on the foreign 1279
	1905	+	corporation. Upon receipt of the process, the Department of 1280
	1906	+	State shall mail a copy of the process to the foreign 1281
	1907	+	corporation at the mailing add ress set forth under subsection 1282
	1908	+	(2). 1283
	1909	+	Section 29. Section 620.1117, Florida Statutes, is amended 1284
	1910	+	to read: 1285
	1911	+	620.1117 Serving Service of process, giving notice, or 1286
	1912	+	making a demand on a limited partnership or a foreign limited 1287
	1913	+	partnership.— 1288
	1914	+	(1) Service of process on a limited partnership or foreign 1289
	1915	+	limited partnership must be made in accordance with s. 48.061 1290
	1916	+	and chapter 48 or chapter 49 A registered agent appointed by a 1291
	1917	+	limited partnership or foreign limited partnership is an agent 1292
	1918	+	of the limited partne rship or foreign limited partnership for 1293
	1919	+	service of any process, notice, or demand required or permitted 1294
	1920	+	by law to be served upon the limited partnership or foreign 1295
	1921	+	limited partnership. 1296
	1922	+	(2) Any notice or demand on a limited partnership or 1297
	1923	+	foreign limited partnership under this chapter may be given or 1298
	1924	+	made to any general partner of the limited partnership or 1299
	1925	+	foreign limited partnership, to the registered agent of the 1300
	1926	+
	1927	+	CS/HB 545 2022
	1928	+
	1929	+
	1930	+
	1931	+	CODING: Words stricken are deletions; words underlined are additions.
	1932	+	hb0545-01-c1
	1933	+	Page 53 of 57
	1934	+	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
	1935	+
	1936	+
	1937	+
	1938	+	limited partnership or for eign limited partnership at the 1301
	1939	+	registered office in this state, or to any other address in this 1302
	1940	+	state which is in fact the principal office of the limited 1303
	1941	+	partnership or foreign limited partnership in this state If a 1304
	1942	+	limited partnership or foreign limited partnership does not 1305
	1943	+	appoint or maintain a registered agent in this state or the 1306
	1944	+	registered agent cannot with reasonable diligence be found at 1307
	1945	+	the address of the registered office, the Department of State 1308
	1946	+	shall be an agent of the limited partnership or fo reign limited 1309
	1947	+	partnership upon whom process, notice, or demand may be served . 1310
	1948	+	(3) Service of any process, notice, or demand on the 1311
	1949	+	Department of State may be made by delivering to and leaving 1312
	1950	+	with the Department of State duplicate copies of the process, 1313
	1951	+	notice, or demand. 1314
	1952	+	(4) Service is effected under subsection (3) upon the date 1315
	1953	+	shown as having been received by the Department of State. 1316
	1954	+	(5) The Department of State shall keep a record of each 1317
	1955	+	process, notice, and demand served pursuant to this section and 1318
	1956	+	record the time of, and the action taken regarding, the service. 1319
	1957	+	(3)(6) This section does not affect the right to serve 1320
	1958	+	process, give notice, or make a demand in any other manner 1321
	1959	+	provided by law. 1322
	1960	+	Section 30. Subsection (5) of section 620.1907, Fl orida 1323
	1961	+	Statutes, is amended to read: 1324
	1962	+	620.1907 Cancellation of certificate of authority; effect 1325
	1963	+
	1964	+	CS/HB 545 2022
	1965	+
	1966	+
	1967	+
	1968	+	CODING: Words stricken are deletions; words underlined are additions.
	1969	+	hb0545-01-c1
	1970	+	Page 54 of 57
	1971	+	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
	1972	+
	1973	+
	1974	+
	1975	+	of failure to have certificate. — 1326
	1976	+	(5) If a foreign limited partnership transacts business in 1327
	1977	+	this state without a certificate of authority or cancels its 1328
	1978	+	certificate of authority, it may be served under s. 48.061(5)(b) 1329
	1979	+	the foreign limited partnership shall appoint the Department of 1330
	1980	+	State as its agent for service of process for rights of action 1331
	1981	+	arising out of the transaction of business in this state . 1332
	1982	+	Section 31. Subsections (3) and (4) of section 620.2105, 1333
	1983	+	Florida Statutes, are amended to read: 1334
	1984	+	620.2105 Effect of conversion. — 1335
	1985	+	(3) A converted organization that is a foreign 1336
	1986	+	organization consents to the jurisdiction of the courts of this 1337
	1987	+	state to enforce any obligation owed by the converting limited 1338
	1988	+	partnership, if before the conversion the converting limited 1339
	1989	+	partnership was subject to suit in this state on the obligation. 1340
	1990	+	A converted organization that is a foreign organization and not 1341
	1991	+	authorized to transact business in this state appoints the 1342
	1992	+	Secretary of State Department of State as its agent for service 1343
	1993	+	of process for purposes of enforcing an obligation under this 1344
	1994	+	subsection and any appraisal rights of limited partners under 1345
	1995	+	ss. 620.2113-620.2124 to the extent applicable to the 1346
	1996	+	conversion. Service on the Secretary of State Department of 1347
	1997	+	State under this subsection is made in the same manner and with 1348
	1998	+	the same consequences as in ss. 48.161 and 620.1117 s. 1349
	1999	+	620.1117(3) and (4). 1350
	2000	+
	2001	+	CS/HB 545 2022
	2002	+
	2003	+
	2004	+
	2005	+	CODING: Words stricken are deletions; words underlined are additions.
	2006	+	hb0545-01-c1
	2007	+	Page 55 of 57
	2008	+	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
	2009	+
	2010	+
	2011	+
	2012	+	(4) A copy of the statement of c onversion, certified by 1351
	2013	+	the Secretary of State Department of State, may be filed in any 1352
	2014	+	county of this state in which the converting organization holds 1353
	2015	+	an interest in real property. 1354
	2016	+	Section 32. Subsection (2) of section 620.2109, Florida 1355
	2017	+	Statutes, is amended to read: 1356
	2018	+	620.2109 Effect of merger. — 1357
	2019	+	(2) A surviving organization that is a foreign 1358
	2020	+	organization consents to the jurisdiction of the courts of this 1359
	2021	+	state to enforce any obligation owed by a constituent 1360
	2022	+	organization, if before the merger the constituent organization 1361
	2023	+	was subject to suit in thi s state on the obligation. A surviving 1362
	2024	+	organization that is a foreign organization and not authorized 1363
	2025	+	to transact business in this state shall appoint the Secretary 1364
	2026	+	of State Department of State as its agent for service of process 1365
	2027	+	for the purposes of enforc ing an obligation under this 1366
	2028	+	subsection and any appraisal rights of limited partners under 1367
	2029	+	ss. 620.2113-620.2124 to the extent applicable to the merger. 1368
	2030	+	Service on the Secretary of State Department of State under this 1369
	2031	+	subsection is made in the same manner and with the same 1370
	2032	+	consequences as in ss. 48.161 and 620.1117 s. 620.1117(3) and 1371
	2033	+	(4). 1372
	2034	+	Section 33. Subsections (3) and (4) of section 620.8915, 1373
	2035	+	Florida Statutes, are amended to read: 1374
	2036	+	620.8915 Effect of conversion. — 1375
	2037	+
	2038	+	CS/HB 545 2022
	2039	+
	2040	+
	2041	+
	2042	+	CODING: Words stricken are deletions; words underlined are additions.
	2043	+	hb0545-01-c1
	2044	+	Page 56 of 57
	2045	+	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
	2046	+
	2047	+
	2048	+
	2049	+	(3) A converted organization that i s a foreign 1376
	2050	+	organization consents to the jurisdiction of the courts of this 1377
	2051	+	state to enforce any obligation owed by the converting 1378
	2052	+	partnership, if before the conversion the converting partnership 1379
	2053	+	was subject to suit in this state on the obligation. A conve rted 1380
	2054	+	organization that is a foreign organization and not authorized 1381
	2055	+	to transact business in this state shall appoint the Secretary 1382
	2056	+	of State Department of State as its agent for service of process 1383
	2057	+	for purposes of enforcing an obligation under this subsectio n. 1384
	2058	+	Service on the Secretary of State Department of State under this 1385
	2059	+	subsection is shall be made in the same manner and with the same 1386
	2060	+	consequences as provided in s. 48.161 s. 48.181. 1387
	2061	+	(4) A copy of the certificate of conversion, certified by 1388
	2062	+	the Secretary of State Department of State, may be filed in any 1389
	2063	+	county of this state in which the converting organization holds 1390
	2064	+	an interest in real property. 1391
	2065	+	Section 34. Subsection (2) of section 620.8919, Florida 1392
	2066	+	Statutes, is amended to read: 1393
	2067	+	620.8919 Effect of m erger.— 1394
	2068	+	(2) A surviving organization that is a foreign 1395
	2069	+	organization consents to the jurisdiction of the courts of this 1396
	2070	+	state to enforce any obligation owed by a constituent 1397
	2071	+	organization, if before the merger the constituent organization 1398
	2072	+	was subject to suit in this state on the obligation. A surviving 1399
	2073	+	organization that is a foreign organization and not authorized 1400
	2074	+
	2075	+	CS/HB 545 2022
	2076	+
	2077	+
	2078	+
	2079	+	CODING: Words stricken are deletions; words underlined are additions.
	2080	+	hb0545-01-c1
	2081	+	Page 57 of 57
	2082	+	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
	2083	+
	2084	+
	2085	+
	2086	+	to transact business in this state shall appoint the Secretary 1401
	2087	+	of State Department of State as its agent for service of process 1402
	2088	+	pursuant to s. 48.161 the provisions of s. 48.181 . 1403
	2089	+	Section 35. Except as otherwise expressly provided in this 1404
	2090	+	act and except for this section, which shall take effect upon 1405
	2091	+	this act becoming a law, this act shall take effect January 2, 1406
	2092	+	2023. 1407