Florida Senate Bill S1062 Introduced / Bill

 Florida Senate - 2022 SB 1062  By Senator Bradley 5-01098A-22 20221062__ 1 A bill to be entitled 2 An act relating to service of process; amending s. 3 15.16, F.S.; authorizing the Department of State to 4 electronically receive service of process under ch. 5 48, F.S.; amending s. 48.061, F.S.; revising 6 procedures for service on partnerships, limited 7 liability partnerships, and limited partnerships; 8 amending s. 48.062, F.S.; defining the term 9 registered foreign limited liability company; 10 revising procedures for service on a domestic limited 11 liability company or registered foreign limited 12 liability company; amending s. 48.071, F.S.; providing 13 for service on nonresidents doing business in this 14 state by use of a commercial firm regularly engaged in 15 the business of document or package delivery; amending 16 s. 48.081, F.S.; defining the term registered foreign 17 corporation; revising requirements for service on a 18 domestic corporation or registered foreign 19 corporation; amending s. 48.091, F.S.; defining terms; 20 requiring designation of registered agents and 21 registered offices by certain partnerships, 22 corporations, and companies; specifying duties of a 23 registered agent; authorizing a person serving process 24 to serve certain persons under specified conditions; 25 amending s. 48.101, F.S.; providing for service on 26 dissolved corporations, dissolved limited liability 27 companies, dissolved limited partnerships, and 28 dissolved limited liability partnerships; creating s. 29 48.102, F.S.; authorizing service by other means in 30 certain circumstances; amending s. 48.151, F.S.; 31 revising the applicability of provisions relating to 32 service on statutory agents for certain persons; 33 amending s. 48.161, F.S.; revising provisions relating 34 to substituted service; providing for substituted 35 service on individuals or corporations or other 36 business entities; specifying actions that may be 37 considered due diligence in effectuating service; 38 specifying when service is considered effectuated; 39 requiring the Department of State to maintain certain 40 records; amending s. 48.181, F.S.; defining the term 41 foreign business entity; revising provisions 42 relating to substituted service; providing for 43 substituted service on certain nonresidents and 44 foreign business entities and on individuals and 45 foreign business entities concealing their 46 whereabouts; amending s. 48.194, F.S.; revising 47 provisions relating to service outside this state but 48 within the United States; deleting provisions relating 49 to service outside the United States; creating s. 50 48.197, F.S.; providing for service in a foreign 51 country; creating s. 49.072, F.S.; providing for 52 service of process for removal of unknown parties in 53 possession of real property; amending s. 766.106, 54 F.S.; revising requirements for service of presuit 55 notice before filing a medical negligence complaint; 56 creating a rebuttable presumption that service was 57 received by a prospective defendant in certain 58 circumstances; providing court duties if service is 59 challenged during subsequent litigation; revising 60 provisions concerning tolling of the statute of 61 limitations upon service of presuit notice by 62 specified means; amending ss. 495.145, 605.0117, 63 605.09091, 605.0910, 605.1045, 607.0504, 607.1423, 64 607.15101, 607.1520, 617.0504, 617.1510, 617.1520, 65 620.1117, 620.1907, 620.2105, 620.2109, 620.8915, and 66 620.8919, F.S.; conforming cross-references and 67 provisions to changes made by the act; providing 68 effective dates. 69 70 Be It Enacted by the Legislature of the State of Florida: 71 72 Section 1.Subsection (3) of section 15.16, Florida 73 Statutes, is amended to read: 74 15.16Reproduction of records; admissibility in evidence; 75 electronic receipt and transmission of records; certification; 76 acknowledgment. 77 (3)The Department of State may cause to be received 78 electronically any records that are required or authorized to be 79 filed with it pursuant to chapter 48, chapter 55, chapter 117, 80 chapter 118, chapter 495, chapter 605, chapter 606, chapter 607, 81 chapter 610, chapter 617, chapter 620, chapter 621, chapter 679, 82 chapter 713, or chapter 865, through facsimile or other 83 electronic transfers, for the purpose of filing such records. 84 The originals of all such electronically transmitted records 85 must be executed in the manner provided in paragraph (5)(b). The 86 receipt of such electronic transfer constitutes delivery to the 87 department as required by law. The department may use electronic 88 transmissions for purposes of notice in the administration of 89 chapters 48, 55, 117, 118, 495, 605, 606, 607, 610, 617, 620, 90 621, 679, and 713 and s. 865.09. The Department of State may 91 collect e-mail addresses for purposes of notice and 92 communication in the performance of its duties and may require 93 filers and registrants to furnish such e-mail addresses when 94 presenting documents for filing. 95 Section 2.Section 48.061, Florida Statutes, is amended to 96 read: 97 48.061Service on partnerships, limited liability 98 partnerships, and limited partnerships. 99 (1)(a)Process against a partnership that is not a limited 100 liability partnership or a limited partnership, including a 101 limited liability limited partnership, must shall be served on 102 any partner and is as valid for service on the partnership as if 103 served on each individual partner. 104 1.If a partner is not available during regular business 105 hours to accept service on behalf of the partnership, he or she 106 may designate an employee or agent to accept such service. 107 2.After one attempt to serve a partner or designated 108 employee or agent for service of process has been made, process 109 may be served on a person in charge of the partnership during 110 regular business hours. 111 (b)If the partnership designated an agent when registering 112 as a general partnership with the Department of State, service 113 on the agent is as valid for service on the partnership as if 114 served on each individual partner; however, unless individual 115 partners are served, the plaintiff may only proceed to judgment 116 and execution against the assets of the partnership. 117 (2)(a)Process against a domestic limited liability 118 partnership must first be served on the then-current registered 119 agent for service of process specified in its statement of 120 qualification, in its statement of qualification as amended or 121 restated, or as redesignated in its annual report or change of 122 agent filing and is as valid for service on the limited 123 liability partnership as if served on each individual partner. 124 If service cannot be made on the registered agent because the 125 domestic limited liability partnership ceases to have a 126 registered agent, or if the registered agent cannot otherwise be 127 served after one good faith attempt because of a failure to 128 comply with this chapter or chapter 620, the process may be 129 served on any partner. 130 1.If a partner is not available during regular business 131 hours to accept service on behalf of the partnership, he or she 132 may designate an employee to accept such service. 133 2.After one attempt to serve a partner or designated 134 employee has been made, process may be served on a person in 135 charge of the partnership during regular business hours. 136 (b)If, after due diligence, the process cannot be 137 completed under paragraph (a), the process may be served as 138 provided in s. 48.161 on the Secretary of State as an agent of 139 the domestic limited liability partnership or by order of the 140 court under s. 48.102. 141 (3)(a)1.Process against a domestic limited partnership, 142 including a domestic limited liability limited partnership, must 143 first be served on the then-current agent for service of process 144 specified in its certificate of limited partnership, in its 145 certificate as amended or restated, or as redesignated in its 146 annual report or change of agent filing and is as valid for 147 service on the domestic limited partnership as if served on each 148 individual general partner of the partnership. 149 2.If service cannot be made on the registered agent 150 because the domestic limited partnership or domestic limited 151 liability limited partnership ceases to have a registered agent, 152 or if the registered agent cannot otherwise be served following 153 one good faith attempt because of a failure to comply with this 154 chapter or chapter 620, the process may be served on any general 155 partner. 156 3.After service on a general partner or the registered 157 agent, the plaintiff may proceed to judgment and execution 158 against the assets of the domestic limited partnership or of 159 that general partner, unless the domestic limited partnership is 160 a limited liability limited partnership. 161 (b)If, after due diligence, the process cannot be 162 completed under paragraph (a), then process may be served as 163 provided in s. 48.161 on the Secretary of State as an agent of 164 the limited partnership or by order of the court under s. 165 48.102. 166 (4)(a)Process against a foreign limited liability 167 partnership that was required to comply with s. 620.9102 may be 168 served as prescribed under subsection (2). 169 (b)A foreign limited liability partnership engaging in 170 business in this state but not registered is considered, for 171 purposes of service of process, a nonresident engaging in 172 business in this state and may be served pursuant to s. 48.181 173 or by order of the court under s. 48.102. 174 (5)(a)Process against a foreign limited partnership that 175 was required to comply with s. 620.1902 may be served as 176 prescribed under subsection (3). 177 (b)A foreign limited partnership engaging in business in 178 this state but not registered is considered, for purposes of 179 service of process, a nonresident engaging in business in this 180 state and may be served pursuant to s. 48.181 or by order of the 181 court under s. 48.102 After one attempt to serve a partner or 182 designated employee has been made, process may be served on the 183 person in charge of the partnership during regular business 184 hours. After service on any partner, plaintiff may proceed to 185 judgment and execution against that partner and the assets of 186 the partnership. After service on a designated employee or other 187 person in charge, plaintiff may proceed to judgment and 188 execution against the partnership assets but not against the 189 individual assets of any partner. 190 (2)Process against a domestic limited partnership may be 191 served on any general partner or on the agent for service of 192 process specified in its certificate of limited partnership or 193 in its certificate as amended or restated and is as valid as if 194 served on each individual member of the partnership. After 195 service on a general partner or the agent, the plaintiff may 196 proceed to judgment and execution against the limited 197 partnership and all of the general partners individually. If a 198 general partner cannot be found in this state and service cannot 199 be made on an agent because of failure to maintain such an agent 200 or because the agent cannot be found or served with the exercise 201 of reasonable diligence, service of process may be effected by 202 service upon the Secretary of State as agent of the limited 203 partnership as provided for in s. 48.181. Service of process may 204 be made under ss. 48.071 and 48.21 on limited partnerships. 205 (3)Process against a foreign limited partnership may be 206 served on any general partner found in the state or on any agent 207 for service of process specified in its application for 208 registration and is as valid as if served on each individual 209 member of the partnership. If a general partner cannot be found 210 in this state and an agent for service of process has not been 211 appointed or, if appointed, the agents authority has been 212 revoked or the agent cannot be found or served with the exercise 213 of reasonable diligence, service of process may be effected by 214 service upon the Secretary of State as agent of the limited 215 partnership as provided for in s. 48.181, or process may be 216 served as provided in ss. 48.071 and 48.21. 217 Section 3.Section 48.062, Florida Statutes, is amended to 218 read: 219 48.062Service on a domestic limited liability company or 220 registered foreign limited liability company. 221 (1)As used in this section, the term registered foreign 222 limited liability company means a foreign limited liability 223 company that has an active certificate of authority to transact 224 business in this state pursuant to a record filed with the 225 Department of State. 226 (2)Process against A domestic limited liability company, 227 domestic or registered foreign limited liability company, may be 228 served with process required or authorized by law by service on 229 its the registered agent designated by the domestic limited 230 liability company or registered foreign limited liability 231 company under chapter 605. A person attempting to serve process 232 pursuant to this subsection may serve the process on any 233 employee of the registered agent during the first attempt at 234 service even if the registered agent is a natural person and is 235 temporarily absent from his or her office. 236 (3)(2)If service cannot be made on a registered agent of 237 the domestic limited liability company or registered foreign 238 limited liability company because the domestic limited liability 239 company or registered foreign limited liability company ceases 240 to have a registered agent, or if the registered agent of the 241 domestic limited liability company or registered foreign limited 242 liability company cannot otherwise be served after one good 243 faith attempt because of a failure to comply with this chapter 244 or chapter 605 or because the limited liability company does not 245 have a registered agent, or if its registered agent cannot with 246 reasonable diligence be served, process against the limited 247 liability company, domestic or foreign, the process may be 248 served on any of the following: 249 (a)Any manager of a manager-managed domestic limited 250 liability company or registered foreign limited liability 251 company. On a member of a member-managed limited liability 252 company; 253 (b)Any member of a member-managed domestic limited 254 liability company or registered foreign limited liability 255 company. On a manager of a manager-managed limited liability 256 company; or 257 (c)Any person listed publicly by the domestic limited 258 liability company or registered foreign limited liability 259 company on its latest annual report, as most recently amended If 260 a member or manager is not available during regular business 261 hours to accept service on behalf of the limited liability 262 company, he, she, or it may designate an employee of the limited 263 liability company to accept such service. After one attempt to 264 serve a member, manager, or designated employee has been made, 265 process may be served on the person in charge of the limited 266 liability company during regular business hours. 267 (4)(3)If, after due reasonable diligence, the service of 268 process cannot be completed under subsection (2) and if either: 269 (a)The only person listed publicly by the domestic limited 270 liability company or registered foreign limited liability 271 company on its latest annual report, as most recently amended, 272 is also the registered agent on whom service was attempted under 273 subsection (2); or 274 (b)After due diligence, service was attempted on at least 275 one person listed publicly by the domestic limited liability 276 company or registered foreign limited liability company on its 277 latest annual report, as most recently amended, and cannot be 278 completed on such person under subsection (3) (1) or subsection 279 (2), 280 281 the service of process may be served as provided in s. 48.161 on 282 effected by service upon the Secretary of State as an agent of 283 the domestic limited liability company or the registered foreign 284 limited liability company or by order of the court under s. 285 48.102 as provided for in s. 48.181. 286 (5)(4)If the address for the registered agent or any 287 person listed publicly by the domestic limited liability company 288 or registered foreign limited liability company on its latest 289 annual report, as most recently amended, member, or manager is a 290 residence, a private mailbox, a virtual office, or an executive 291 office or mini suite, service on the domestic limited liability 292 company or registered foreign limited liability company may be 293 made by serving any of the following: 294 (a)The registered agent of the domestic limited liability 295 company or registered foreign limited liability company, in 296 accordance with s. 48.031. 297 (b)Any person listed publicly by the domestic limited 298 liability company or registered foreign limited liability 299 company on its latest annual report, as most recently amended, 300 in accordance with s. 48.031. 301 (c)Any, member, or manager of the domestic limited 302 liability company or registered foreign limited liability 303 company, in accordance with s. 48.031. 304 (6)A foreign limited liability company engaging in 305 business in this state which is not registered is considered, 306 for purposes of service of process, a nonresident engaging in 307 business in this state and may be served pursuant to s. 48.181 308 or by order of the court under s. 48.102. 309 (7)(5)This section does not apply to service of process on 310 insurance companies. 311 Section 4.Section 48.071, Florida Statutes, is amended to 312 read: 313 48.071Service on agents of nonresidents doing business in 314 the state.When any natural person or partnership not residing 315 or having a principal place of business in this state engages in 316 business in this state, process may be served on the person who 317 is in charge of any business in which the defendant is engaged 318 within this state at the time of service, including agents 319 soliciting orders for goods, wares, merchandise, or services. 320 Any process so served is as valid as if served personally on the 321 nonresident person or partnership engaging in business in this 322 state in any action against the person or partnership arising 323 out of such business. A copy of such process with a notice of 324 service on the person in charge of such business must shall be 325 sent forthwith to the nonresident person or partnership by 326 registered mail; by or certified mail, return receipt requested; 327 or by use of a commercial firm regularly engaged in the business 328 of document or package delivery. The party seeking to effectuate 329 service, or the attorney for such party, shall prepare. an 330 affidavit of compliance with this section which must shall be 331 filed before the return day or within such further time as the 332 court may allow. 333 Section 5.Section 48.081, Florida Statutes, is amended to 334 read: 335 48.081Service on a domestic corporation or registered 336 foreign corporation. 337 (1)As used in this section, the term registered foreign 338 corporation means a foreign corporation that has an active 339 certificate of authority to transact business in this state 340 pursuant to a record filed with the Department of State. 341 (2)A domestic corporation or a registered foreign 342 corporation may be served with process required or authorized by 343 law by service on its registered agent designated by the 344 corporation under chapter 607 or chapter 617, as applicable. 345 (3)If service cannot be made on a registered agent of the 346 domestic corporation or registered foreign corporation because 347 the domestic corporation or registered foreign corporation 348 ceases to have a registered agent, or if the registered agent of 349 the domestic corporation or registered foreign corporation 350 cannot otherwise be served after one good faith attempt because 351 of a failure to comply with this chapter, chapter 607, or 352 chapter 617, as applicable, the process may be served on either 353 of the following Process against any private corporation, 354 domestic or foreign, may be served: 355 (a)The chair of the board of directors, On the president, 356 any or vice president, the secretary, or the treasurer or other 357 head of the domestic corporation or registered foreign 358 corporation.; 359 (b)Any person listed publicly by the domestic corporation 360 or registered foreign corporation on its latest annual report, 361 as most recently amended In the absence of any person described 362 in paragraph (a), on the cashier, treasurer, secretary, or 363 general manager; 364 (c)In the absence of any person described in paragraph (a) 365 or paragraph (b), on any director; or 366 (d)In the absence of any person described in paragraph 367 (a), paragraph (b), or paragraph (c), on any officer or business 368 agent residing in the state. 369 (4)If, after due diligence, the process cannot be 370 completed under subsection (2) and if either: 371 (a)The only person listed publicly by the domestic 372 corporation or registered foreign corporation on its latest 373 annual report, as most recently amended, is also the registered 374 agent on whom service was attempted under subsection (2); or 375 (b)After due diligence, service was attempted on at least 376 one person listed publicly by the domestic corporation or 377 registered foreign corporation on its latest annual report, as 378 most recently amended, and cannot be completed on such person 379 under subsection (3), 380 381 the process may be served as provided in s. 48.161 on the 382 Secretary of State as an agent of the domestic corporation or 383 registered foreign corporation or by order of the court under s. 384 48.102 385 (2)If a foreign corporation has none of the foregoing 386 officers or agents in this state, service may be made on any 387 agent transacting business for it in this state. 388 (3)(a)As an alternative to all of the foregoing, process 389 may be served on the agent designated by the corporation under 390 s. 48.091. However, if service cannot be made on a registered 391 agent because of failure to comply with s. 48.091, service of 392 process shall be permitted on any employee at the corporations 393 principal place of business or on any employee of the registered 394 agent. A person attempting to serve process pursuant to this 395 paragraph may serve the process on any employee of the 396 registered agent during the first attempt at service even if the 397 registered agent is temporarily absent from his or her office. 398 (5)(b)If the address for the registered agent or any 399 person listed publicly by the domestic corporation or registered 400 foreign corporation on its latest annual report, as most 401 recently amended, officer, director, or principal place of 402 business is a residence, a private mailbox, a virtual office, or 403 an executive office or mini suite, service on the domestic 404 corporation or registered foreign corporation may be made by 405 serving any of the following: 406 (a)The registered agent of the domestic corporation or 407 registered foreign corporation, officer, or director in 408 accordance with s. 48.031. 409 (b)Any person listed publicly by the domestic corporation 410 or registered foreign corporation on its latest annual report, 411 as most recently amended, in accordance with s. 48.031. 412 (c)Any person serving in one of the positions specified in 413 paragraph (3)(a), in accordance with s. 48.031. 414 (6)A foreign corporation engaging in business in this 415 state which is not registered is considered, for purposes of 416 service of process, a nonresident engaging in business in this 417 state and may be served pursuant to s. 48.181 or by order of the 418 court under s. 48.102. 419 (7)(4)This section does not apply to service of process on 420 insurance companies. 421 (5)When a corporation engages in substantial and not 422 isolated activities within this state, or has a business office 423 within the state and is actually engaged in the transaction of 424 business therefrom, service upon any officer or business agent 425 while on corporate business within this state may personally be 426 made, pursuant to this section, and it is not necessary in such 427 case that the action, suit, or proceeding against the 428 corporation shall have arisen out of any transaction or 429 operation connected with or incidental to the business being 430 transacted within the state. 431 Section 6.Section 48.091, Florida Statutes, is amended to 432 read: 433 48.091Partnerships, corporations, and limited liability 434 companies; designation of registered agent and registered 435 office. 436 (1)As used in this section, the term: 437 (a)Registered foreign corporation and registered 438 foreign limited liability company have the same meanings as in 439 ss. 48.081 and 48.062, respectively. 440 (b)Registered foreign limited liability partnership or 441 registered foreign limited partnership means a foreign limited 442 liability partnership or foreign limited partnership that has an 443 active certificate of authority to transact business in this 444 state pursuant to a record filed with the Department of State. 445 (2)Every domestic limited liability partnership; domestic 446 limited partnership, including limited liability limited 447 partnerships; domestic corporation; domestic limited liability 448 company; registered foreign limited liability partnership; 449 registered foreign limited partnership, including limited 450 liability limited partnerships; registered foreign corporation; 451 and registered foreign limited liability company Florida 452 corporation and every foreign corporation now qualified or 453 hereafter qualifying to transact business in this state shall 454 designate a registered agent and registered office in accordance 455 with chapter 605, part I of chapter 607, chapter 617, or chapter 456 620, as applicable. 457 (3)(2)Every domestic limited liability partnership; 458 domestic limited partnership, including limited liability 459 limited partnerships; domestic corporation; domestic limited 460 liability company; registered foreign limited liability 461 partnership; registered foreign limited partnership, including 462 limited liability limited partnerships; registered foreign 463 corporation; registered foreign limited liability company; and 464 domestic or foreign general partnership that elects to designate 465 a registered agent, shall cause the designated registered agent 466 to corporation shall keep the designated registered office open 467 from at least 10 a.m. to 12 noon each day except Saturdays, 468 Sundays, and legal holidays, and shall cause the designated 469 registered agent to keep one or more individuals who are, or are 470 representatives of, the designated registered agents on whom 471 process may be served at the office during these hours. The 472 corporation shall keep a sign posted in the office in some 473 conspicuous place designating the name of the corporation and 474 the name of its registered agent on whom process may be served 475 at the office during these hours. 476 (4)A person attempting to serve process pursuant to this 477 section on a registered agent that is other than a natural 478 person may serve the process on any employee of the registered 479 agent. A person attempting to serve process pursuant to this 480 section on a natural person, if the natural person is 481 temporarily absent from his or her office, may serve the process 482 during the first attempt at service on any employee of such 483 natural person. 484 (5)The registered agent shall promptly forward copies of 485 the process and any other papers received in connection with the 486 service to a responsible person in charge of the business 487 entity. Failure to comply with this subsection does not 488 invalidate the service of process. 489 Section 7.Section 48.101, Florida Statutes, is amended to 490 read: 491 48.101Service on dissolved corporations, dissolved limited 492 liability companies, dissolved limited partnerships, and 493 dissolved limited liability partnerships. 494 (1)Process against the directors of any corporation that 495 which was dissolved before July 1, 1990, as trustees of the 496 dissolved corporation must shall be served on one or more of the 497 directors of the dissolved corporation as trustees thereof and 498 binds all of the directors of the dissolved corporation as 499 trustees thereof. Process against any other dissolved 500 corporation shall be served in accordance with s. 48.081. 501 (2)(a)Process against any other dissolved domestic 502 corporation must be served in accordance with s. 48.081. 503 (b)In addition, provided that service was first properly 504 attempted on the registered agent pursuant to s. 48.081(2), but 505 was not successful, service may then be attempted as required 506 under s. 48.081(3). In addition to the persons listed in s. 507 48.081(3), service may then be attempted on the person appointed 508 by the circuit court as the trustee, custodian, or receiver 509 under s. 607.1405(6). 510 (c)A party attempting to serve a dissolved domestic for 511 profit corporation under this section may petition the court to 512 appoint one of the persons specified in s. 607.1405(6) to 513 receive service of process on behalf of the corporation. 514 (3)(a)Process against any dissolved domestic limited 515 liability company must be served in accordance with s. 48.062. 516 (b)In addition, provided that service was first properly 517 attempted on the registered agent pursuant to s. 48.062(2), but 518 was not successful, service may then be attempted as required 519 under s. 48.062(3). In addition to the persons listed in s. 520 48.062(3), service on a dissolved domestic limited liability 521 company may be made on the person appointed as the liquidator, 522 trustee, or receiver under s. 605.0709. 523 (c)A party attempting to serve a dissolved domestic 524 limited liability company under this section may petition the 525 court to appoint one of the persons specified in s. 605.0709(5) 526 to receive service of process on behalf of the limited liability 527 company. 528 (4)Process against any dissolved domestic limited 529 partnership must be served in accordance with s. 48.061. 530 Section 8.Section 48.102, Florida Statutes, is created to 531 read: 532 48.102Service by other means.If, after due diligence, a 533 party seeking to effectuate service is unable to effectuate 534 personal service of process on a domestic or foreign 535 corporation; a domestic or foreign general partnership, 536 including a limited liability partnership; a domestic or foreign 537 limited partnership, including a limited liability limited 538 partnership; or a domestic or foreign limited liability company, 539 the court, upon motion and a showing of such inability, may 540 authorize service in any other manner that the party seeking to 541 effectuate service shows will be reasonably effective to give 542 the entity on which service is sought to be effectuated actual 543 notice of the suit. Such other manners of service may include 544 service electronically by social media, e-mail, or other 545 technology. 546 Section 9.Subsection (2) of section 48.151, Florida 547 Statutes, is amended to read: 548 48.151Service on statutory agents for certain persons. 549 (2)This section does not apply to substituted service of 550 process under s. 48.161 or s. 48.181 on nonresidents. 551 Section 10.Section 48.161, Florida Statutes, is amended to 552 read: 553 48.161Method of substituted service on nonresident. 554 (1)When authorized by law, substituted service of process 555 on a nonresident individual or a corporation or other business 556 entity incorporated or formed under the laws of any other state, 557 territory, or commonwealth, or the laws of any foreign country, 558 may or a person who conceals his or her whereabouts by serving a 559 public officer designated by law shall be made by sending 560 leaving a copy of the process to the office of the Secretary of 561 State by personal delivery; by registered mail; with a fee of 562 $8.75 with the public officer or in his or her office or by 563 mailing the copies by certified mail, return receipt requested; 564 by use of a commercial firm regularly engaged in the business of 565 document or package delivery; or by electronic transmission to 566 the public officer with the fee. The service is sufficient 567 service on a party that defendant who has appointed or is deemed 568 to have appointed the Secretary of State a public officer as 569 such partys his or her agent for the service of process. The 570 Secretary of State shall keep a record of all process served on 571 the Secretary of State showing the day and hour of service. 572 (2)Notice of service and a copy of the process must shall 573 be sent forthwith by the party effectuating service or by such 574 partys attorney by registered mail; by registered or certified 575 mail, return receipt requested; or by use of a commercial firm 576 regularly engaged in the business of document or package 577 delivery. In addition, if the parties have recently and 578 regularly used e-mail, social media, or other electronic means 579 to communicate between themselves, the notice of service and a 580 copy of the process must be sent by such electronic means or, if 581 the party is being served by substituted service, the notice of 582 service and a copy of the process must be served at such partys 583 last known physical address and, if applicable, last known 584 electronic address. The party effectuating service shall file 585 proof of service or return receipts showing delivery to the 586 other party by mail or courier and by electronic means, if 587 electronic means were used, unless the party is actively 588 refusing or rejecting the delivery of the notice. An by the 589 plaintiff or his or her attorney to the defendant, and the 590 defendants return receipt and the affidavit of compliance of 591 the party effectuating service plaintiff or such partys his or 592 her attorney must of compliance shall be filed within 40 days 593 after on or before the date return day of service on the 594 Secretary of State process or within such additional time as the 595 court allows. The affidavit of compliance must set forth the 596 facts that justify substituted service under this section and 597 that show due diligence was exercised in attempting to locate 598 and effectuate personal service on the party before using 599 substituted service under this section. The party effectuating 600 service does not need to allege in its original or amended 601 complaint the facts required to be set forth in the affidavit of 602 compliance. 603 (3)When an individual or a business entity conceals its 604 whereabouts, the party seeking to effectuate service, after 605 exercising due diligence to locate and effectuate personal 606 service, may use substituted service pursuant to subsection (1) 607 in connection with any action in which the court has 608 jurisdiction over such individual or business entity. The party 609 seeking to effectuate service must also comply with subsection 610 (2); however, a return receipt or other proof showing acceptance 611 of receipt of the notice of service and a, or the notice and 612 copy of the shall be served on the defendant, if found within 613 the state, by an officer authorized to serve legal process by 614 the concealed party need not be filed, or if found without the 615 state, by a sheriff or a deputy sheriff of any county of this 616 state or any duly constituted public officer qualified to serve 617 like process in the state or jurisdiction where the defendant is 618 found. The officers return showing service shall be filed on or 619 before the return day of the process or within such time as the 620 court allows. The fee paid by the plaintiff to the public 621 officer shall be taxed as cost if he or she prevails in the 622 action. The public officer shall keep a record of all process 623 served on him or her showing the day and hour of service. 624 (4)(a)The party effectuating service is considered to have 625 used due diligence if that party: 626 1.Made diligent inquiry and exerted an honest and 627 conscientious effort appropriate to the circumstances to acquire 628 the information necessary to effectuate personal service; 629 2.In seeking to effectuate personal service, reasonably 630 employed the knowledge at the partys command, including 631 knowledge obtained pursuant to subparagraph 1.; and 632 3.Made an appropriate number of attempts to serve the 633 party, taking into account the particular circumstances. 634 (b)Notwithstanding paragraph (a), in making the 635 determination as to whether the party effectuating service used 636 due diligence, there is a rebuttable presumption that the 637 serving party exercised due diligence by making three good faith 638 attempts to serve the other party at each location where and 639 during the hours when such party is likely to be found, using 640 reasonably available resources to the party seeking to secure 641 service of process. 642 (5)(2)If any individual person on whom service of process 643 is authorized under subsection (1) dies, service may be made in 644 the same manner on his or her administrator, executor, curator, 645 or personal representative in the same manner. 646 (9)(3)This section does not apply to persons on whom 647 service is authorized under s. 48.151. 648 (6)(4)The Secretary of State public officer may designate 649 an individual some other person in his or her office to accept 650 service. 651 (7)Service of process is effectuated under this section on 652 the date the service is received by the Department of State. 653 (8)The Department of State shall maintain a record of each 654 process served pursuant to this section and record the time of 655 and the action taken regarding the service. 656 Section 11.Section 48.181, Florida Statutes, is amended to 657 read: 658 48.181Substituted service on nonresidents and foreign 659 business entities nonresident engaging in business in state or 660 concealing their whereabouts. 661 (1)As used in this section, the term foreign business 662 entity means any corporation or other business entity that is 663 incorporated, formed, or existing under the laws of any other 664 state, territory, or commonwealth, or the laws of any foreign 665 country. 666 (2)The acceptance by any individual person or persons, 667 individually or associated together as a copartnership or any 668 other form or type of association, who is a resident are 669 residents of any other state, territory, or commonwealth, or of 670 any foreign or country, or by any foreign business entity and 671 all foreign corporations, and any person who is a resident of 672 the state and who subsequently becomes a nonresident of the 673 state or conceals his or her whereabouts, of the privilege 674 extended by law to nonresidents and others to operate, conduct, 675 engage in, or carry on a business or business venture in this 676 the state, or to have an office or agency in this the state, is 677 deemed to constitute constitutes an appointment by the 678 individual or persons and foreign business entity corporations 679 of the Secretary of State of this the state as its their agent 680 on whom all process in any action or proceeding against the 681 individual or business entity them, or any combination thereof 682 of them, arising out of any transaction or operation connected 683 with or incidental to the business or business venture may be 684 served as substituted service in accordance with this chapter. 685 The acceptance of the privilege is signification of the 686 agreement of the respective individual or persons and foreign 687 business entity corporations that the process served against it 688 them in accordance with this chapter which is so served is of 689 the same validity as if served personally on the individual 690 persons or foreign business entity corporations. 691 (3)(2)If a foreign business entity corporation has 692 registered to do business a resident agent or officer in this 693 the state and has maintained its registration in an active 694 status or otherwise continued to have a registered agent, 695 personal service of process must first shall be attempted served 696 on the foreign business entity in the manner and order of 697 priority described in this chapter as applicable to the foreign 698 business entity. If, after due diligence, the party seeking to 699 effectuate service of process is unable to effectuate service of 700 process on the registered agent or other official as provided in 701 this chapter, the party may use substituted service of process 702 on the Secretary of State resident agent or officer. 703 (4)Any individual or foreign business entity that conceals 704 its whereabouts is deemed to have appointed the Secretary of 705 State as its agent on whom all process may be served, in any 706 action or proceeding against it, or any combination thereof, 707 arising out of any transaction or operation connected with or 708 incidental to any business or business venture carried on in 709 this state by such individual or foreign business entity. 710 (5)(3)Any individual or foreign business entity that 711 person, firm, or corporation which sells, consigns, or leases by 712 any means whatsoever tangible or intangible personal property, 713 through brokers, jobbers, wholesalers, or distributors to any 714 individual person, firm, or corporation, or other business 715 entity in this state is conclusively presumed to be both engaged 716 in substantial and not isolated activities within this state and 717 operating, conducting, engaging in, or carrying on a business or 718 business venture in this state. 719 (6)Service pursuant to this section must be effectuated in 720 the manner prescribed by s. 48.161. 721 Section 12.Subsections (1) and (2) of section 48.194, 722 Florida Statutes, are amended to read: 723 48.194Personal service in another outside state, 724 territory, or commonwealth of the United States. 725 (1)Except as otherwise provided herein, service of process 726 on a party in another persons outside of this state, territory, 727 or commonwealth of the United States must shall be made in the 728 same manner as service within this state by any officer person 729 authorized to serve process in the state where service shall be 730 made the person is served. No order of court is required. An 731 affidavit of the officer must be filed, stating the time, 732 manner, and place of service. The A court may consider the 733 affidavit return-of-service form described in s. 48.21, or any 734 other competent evidence, in determining whether service has 735 been properly made. Service of process on persons outside the 736 United States may be required to conform to the provisions of 737 the Hague Convention on the Service Abroad of Judicial and 738 Extrajudicial Documents in Civil or Commercial Matters. 739 (2)When where in rem or quasi in rem relief is sought in a 740 foreclosure proceeding as defined by s. 702.09, and the address 741 of the person to be served is known, service of process on a 742 person in another state, territory, or commonwealth outside of 743 the United States this state where the address of the person to 744 be served is known may be made by registered mail as follows: 745 (a)The partys attorney or the party, if the party is not 746 represented by an attorney, shall place a copy of the original 747 process and the complaint, petition, or other initial pleading 748 or paper and, if applicable, the order to show cause issued 749 pursuant to s. 702.10 in a sealed envelope with adequate postage 750 addressed to the person to be served. 751 (b)The envelope must shall be placed in the mail as 752 registered mail. 753 (c)Service under this subsection is deemed shall be 754 considered obtained upon the signing of the return receipt by 755 the person allowed to be served by law. 756 Section 13.Section 48.197, Florida Statutes, is created to 757 read: 758 48.197Service in a foreign country. 759 (1)Service of process may be effectuated in a foreign 760 country upon a party, other than a minor or an incompetent 761 person, as provided in any of the following: 762 (a)By any internationally agreed-upon means of service 763 reasonably calculated to give actual notice of the proceedings, 764 such as those authorized by the Hague Convention on the Service 765 Abroad of Judicial and Extrajudicial Documents in Civil or 766 Commercial Matters. 767 (b)If there is no internationally agreed-upon means of 768 service, or if an international agreement allows but does not 769 specify other means, by a method reasonably calculated to give 770 actual notice of the proceedings: 771 1.As prescribed by the foreign countrys law for service 772 in that country in an action in its courts of general 773 jurisdiction; 774 2.As the foreign authority directs in response to a letter 775 rogatory or letter of request; or 776 3.Unless prohibited by the foreign countrys law, by: 777 a.If serving an individual, delivering a copy of the 778 summons and of the complaint to the individual personally; or 779 b.Using any form of mail which the clerk addresses and 780 sends to the party and which requires a signed receipt. 781 (c)Pursuant to motion and order by the court, by other 782 means, including electronically by social media, e-mail, or 783 other technology, which the party seeking service shows is 784 reasonably calculated to give actual notice of the proceedings 785 and is not prohibited by international agreement, as the court 786 orders. 787 (2)Service of process may be effectuated in a foreign 788 country upon a minor or an incompetent person in the manner 789 prescribed by subparagraph (1)(b)1., subparagraph (1)(b)2., or 790 paragraph (1)(c). 791 Section 14.Section 49.072, Florida Statutes, is created to 792 read: 793 49.072Service of process for removal of unknown parties in 794 possession. 795 (1)This section applies only to actions governed by s. 796 51.011 and only to the extent that such actions seek relief for 797 the removal of unknown parties in possession of real property. 798 The provisions of this section are cumulative to other 799 provisions of law or rules of court about service of process, 800 and all other such provisions are cumulative to this section. 801 (2)A summons must be issued in the name of Unknown Party 802 in Possession when the name of an occupant of real property is 803 not known to the plaintiff and the property occupied by the 804 unknown party is identified in the complaint and summons. A 805 separate summons must be issued for each such unknown occupant. 806 (3)The plaintiff shall attempt to serve the summons on any 807 unknown occupant of the property described in the summons and 808 complaint. If service on the unknown occupant is not effectuated 809 on the first attempt, at least two further attempts must be 810 made. The three attempts to obtain service must be made once 811 during business hours, once during nonbusiness hours, and once 812 on a weekend. The process server shall make an inquiry as to the 813 name of the unknown occupant at the time of service. The return 814 of service must note the name of the occupant if obtained by the 815 process server or state that the name of the occupant could not 816 be obtained after inquiry. If the name of the occupant becomes 817 known to the plaintiff through the return of service or 818 otherwise, without notice or hearing thereon, all subsequent 819 proceedings must be conducted under the true name of such 820 occupant and all prior proceedings are deemed amended 821 accordingly. 822 (4)If service is not effectuated on an unknown party in 823 possession after two attempts to obtain service as provided in 824 subsection (3), and even if an unknown party in possession is 825 served as provided in subsection (3), service of process must 826 also be made on unknown parties by both of the following means: 827 (a)By attaching the summons and complaint to a conspicuous 828 location on the premises involved in the proceedings. 829 (b)Upon issuance of the summons, by the plaintiff 830 providing the clerk of the court with one additional copy of the 831 summons and complaint for each unknown occupant and a prestamped 832 envelope for each unknown occupant addressed to the unknown 833 occupant at the address of the premises involved in the 834 proceedings. The clerk of the court shall immediately mail a 835 copy of the summons and complaint by first-class mail, note the 836 fact of mailing in the docket, and file a certificate in the 837 court file of the fact and date of mailing. The clerk of the 838 court shall charge such fees for such services as provided by 839 law. 840 (5)Service is effective on the unknown party in 841 possession, regardless of whether personal service is made, on 842 the later of the date of attaching the summons and complaint to 843 a conspicuous location on the premises or upon mailing; however, 844 at least 5 days must have elapsed after the date of service 845 before a judgment for final removal of the unknown party in 846 possession may be entered. 847 (6)The judgment and writ of possession must refer to any 848 unknown party in possession by name if the name is shown on the 849 return of service or is otherwise known to the plaintiff. If the 850 name of any unknown party in possession is not shown on the 851 return of service or otherwise known to the plaintiff and 852 service has been effectuated as provided in this section, the 853 judgment and writ of possession must refer to each such person 854 as Unknown Party in Possession, and the writ of possession 855 must be executed by the sheriff by dispossessing the occupants 856 and placing the plaintiff in possession of the property. 857 Section 15.Effective upon this act becoming a law, 858 subsection (2), paragraph (a) of subsection (3), and subsection 859 (4) of section 766.106, Florida Statutes, are amended to read: 860 766.106Notice before filing action for medical negligence; 861 presuit screening period; offers for admission of liability and 862 for arbitration; informal discovery; review. 863 (2)PRESUIT NOTICE. 864 (a)After completion of presuit investigation pursuant to 865 s. 766.203(2) and before prior to filing a complaint for medical 866 negligence, a claimant shall notify each prospective defendant 867 of intent to initiate litigation for medical negligence by at 868 least one of the following verifiable means: 869 1.United States Postal Service certified mail, return 870 receipt requested; 871 2.United States Postal Service mail with a tracking 872 number; 873 3.An interstate commercial mail carrier or delivery 874 service; or 875 4.A certified process server as provided in s. 48.27 876 making service in accordance with chapter 48. 877 (b)Proof of service made pursuant to this subsection and 878 delivered to an address on file with the Department of Health, 879 the Secretary of State, or the Agency for Health Care 880 Administration creates a rebuttable presumption that service was 881 received by the prospective defendant. If service is challenged 882 during subsequent litigation, an evidentiary hearing must be 883 held by the court to determine whether the prospective defendant 884 or a person legally related to the prospective defendant was 885 provided notice pursuant to this subsection and, if so, the date 886 of such service by certified mail, return receipt requested, of 887 intent to initiate litigation for medical negligence. 888 (c)Notice to each prospective defendant must include, if 889 available, a list of all known health care providers seen by the 890 claimant for the injuries complained of subsequent to the 891 alleged act of negligence, all known health care providers 892 during the 2-year period before prior to the alleged act of 893 negligence who treated or evaluated the claimant, copies of all 894 of the medical records relied upon by the expert in signing the 895 affidavit, and the executed authorization form provided in s. 896 766.1065. 897 (d)(b)Following the initiation of a suit alleging medical 898 negligence with a court of competent jurisdiction, and service 899 of the complaint upon a prospective defendant, the claimant 900 shall provide a copy of the complaint to the Department of 901 Health and, if the complaint involves a facility licensed under 902 chapter 395, the Agency for Health Care Administration. The 903 requirement of providing the complaint to the Department of 904 Health or the Agency for Health Care Administration does not 905 impair the claimants legal rights or ability to seek relief for 906 his or her claim. The Department of Health or the Agency for 907 Health Care Administration shall review each incident that is 908 the subject of the complaint and determine whether it involved 909 conduct by a licensee which is potentially subject to 910 disciplinary action, in which case, for a licensed health care 911 practitioner, the provisions of s. 456.073 applies apply and, 912 for a licensed facility, the provisions of part I of chapter 395 913 applies apply. 914 (3)PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT. 915 (a)A no suit may not be filed for a period of 90 days 916 after notice is delivered mailed to any prospective defendant. 917 During the 90-day period, the prospective defendant or the 918 prospective defendants insurer or self-insurer shall conduct a 919 review as provided in s. 766.203(3) to determine the liability 920 of the prospective defendant. Each insurer or self-insurer shall 921 have a procedure for the prompt investigation, review, and 922 evaluation of claims during the 90-day period. This procedure 923 must shall include one or more of the following: 924 1.Internal review by a duly qualified claims adjuster; 925 2.Creation of a panel comprised of an attorney 926 knowledgeable in the prosecution or defense of medical 927 negligence actions, a health care provider trained in the same 928 or similar medical specialty as the prospective defendant, and a 929 duly qualified claims adjuster; 930 3.A contractual agreement with a state or local 931 professional society of health care providers, which maintains a 932 medical review committee; or 933 4.Any other similar procedure which fairly and promptly 934 evaluates the pending claim. 935 936 Each insurer or self-insurer shall investigate the claim in good 937 faith, and both the claimant and prospective defendant shall 938 cooperate with the insurer in good faith. If the insurer 939 requires, a claimant must shall appear before a pretrial 940 screening panel or before a medical review committee and shall 941 submit to a physical examination, if required. Unreasonable 942 failure of any party to comply with this section justifies 943 dismissal of claims or defenses. There shall be no civil 944 liability for participation in a pretrial screening procedure if 945 done without intentional fraud. 946 (4)SERVICE OF PRESUIT NOTICE AND TOLLING.The notice of 947 intent to initiate litigation must shall be served within the 948 time limits set forth in s. 95.11. However, upon mailing of the 949 notice of intent to initiate litigation, as provided in 950 subparagraph (2)(a)1., subparagraph (2)(a)2., or subparagraph 951 (2)(a)3., and during the 90-day period provided in subsection 952 (3), the statute of limitations is tolled as to all prospective 953 potential defendants. If the notice of intent to initiate 954 litigation is served by a certified process server as provided 955 in subparagraph (2)(a)4., the statute of limitations is tolled 956 upon the certified process servers first attempt to serve the 957 prospective defendant and continues during the 90-day period as 958 to all prospective defendants. Upon stipulation by the parties, 959 the 90-day period may be extended and the statute of limitations 960 is tolled during any such extension. Upon receiving notice of 961 termination of negotiations in an extended period, the claimant 962 shall have 60 days or the remainder of the period of the statute 963 of limitations, whichever is greater, within which to file suit. 964 Section 16.Section 495.145, Florida Statutes, is amended 965 to read: 966 495.145Forum for actions regarding registration.An action 967 seeking cancellation of a registration of a mark registered 968 under this chapter may be brought in any court of competent 969 jurisdiction in this state. Service of process on a nonresident 970 registrant may be made in accordance with ss. 48.161 and 48.181 971 s. 48.181. The department may shall not be made a party to 972 cancellation proceedings. 973 Section 17.Section 605.0117, Florida Statutes, is amended 974 to read: 975 605.0117Serving Service of process, giving notice, or 976 making a demand. 977 (1)Process against a limited liability company or 978 registered foreign limited liability company may be served in 979 accordance with s. 48.062 and chapter 48 or chapter 49 with 980 process required or authorized by law by serving on its 981 registered agent. 982 (2)If a limited liability company or registered foreign 983 limited liability company ceases to have a registered agent or 984 if its registered agent cannot with reasonable diligence be 985 served, the process required or permitted by law may instead be 986 served: 987 (a)On a member of a member-managed limited liability 988 company or registered foreign limited liability company; or 989 (b)On a manager of a manager-managed limited liability 990 company or registered foreign limited liability company. 991 (3)If the process cannot be served on a limited liability 992 company or registered foreign limited liability company pursuant 993 to subsection (1) or subsection (2), the process may be served 994 on the secretary of state as an agent of the company. 995 (4)Service of process on the secretary of state may be 996 made by delivering to and leaving with the department duplicate 997 copies of the process. 998 (5)Service is effectuated under subsection (3) on the date 999 shown as received by the department. 1000 (6)The department shall keep a record of each process 1001 served pursuant to this section and record the time of and the 1002 action taken regarding the service. 1003 (7)Any notice or demand on a limited liability company or 1004 registered foreign limited liability company under this chapter 1005 may be given or made to any member of a member-managed limited 1006 liability company or registered foreign limited liability 1007 company or to any manager of a manager-managed limited liability 1008 company or registered foreign limited liability company; to the 1009 registered agent of the limited liability company or registered 1010 foreign limited liability company at the registered office of 1011 the limited liability company or registered foreign limited 1012 liability company in this state; or to any other address in this 1013 state which that is in fact the principal office of the limited 1014 liability company or registered foreign limited liability 1015 company in this state. 1016 (3)A registered series of a foreign series limited 1017 liability company may be served in the same manner as a 1018 registered limited liability company. 1019 (4)(8)This section does not affect the right to serve 1020 process, give notice, or make a demand in any other manner 1021 provided by law. 1022 Section 18.Subsection (1) of section 605.09091, Florida 1023 Statutes, is amended to read: 1024 605.09091Judicial review of denial of reinstatement. 1025 (1)If the department denies a foreign limited liability 1026 companys application for reinstatement after revocation of its 1027 certificate of authority, the department must shall serve the 1028 foreign limited liability company, pursuant to s. 605.0117(2) s. 1029 605.0117(7), with a written notice that explains the reason or 1030 reasons for the denial. 1031 Section 19.Paragraphs (f) and (g) of subsection (1) and 1032 subsection (2) of section 605.0910, Florida Statutes, are 1033 amended to read: 1034 605.0910Withdrawal and cancellation of certificate of 1035 authority. 1036 (1)To cancel its certificate of authority to transact 1037 business in this state, a foreign limited liability company must 1038 deliver to the department for filing a notice of withdrawal of 1039 certificate of authority. The certificate of authority is 1040 canceled when the notice becomes effective pursuant to s. 1041 605.0207. The notice of withdrawal of certificate of authority 1042 must be signed by an authorized representative and state the 1043 following: 1044 (f)A mailing address and an e-mail address to which a 1045 party seeking to effectuate service of process the department 1046 may send mail a copy of any process served on the Secretary of 1047 State under paragraph (e). 1048 (g)A commitment to notify the department in the future of 1049 any change in its mailing address or e-mail address. 1050 (2)After the withdrawal of the foreign limited liability 1051 company is effective, service of process on the Secretary of 1052 State using the procedures set forth in s. 48.161 under this 1053 section is service on the foreign limited liability company. 1054 Upon receipt of the process, the department shall mail a copy of 1055 the process to the foreign limited liability company at the 1056 mailing address set forth under paragraph (1)(f). 1057 Section 20.Paragraph (f) of subsection (2) of section 1058 605.1045, Florida Statutes, is amended to read: 1059 605.1045Articles of conversion. 1060 (2)The articles of conversion must contain the following: 1061 (f)If the converted entity is a foreign entity that does 1062 not have a certificate of authority to transact business in this 1063 state, a mailing address and an e-mail address to which a party 1064 seeking to effectuate service of process the department may send 1065 any process served on the Secretary of State department pursuant 1066 to s. 605.0117 and chapter 48. 1067 Section 21.Section 607.0504, Florida Statutes, is amended 1068 to read: 1069 607.0504Serving Service of process, giving notice, or 1070 making a demand on a corporation. 1071 (1)A corporation may be served with process required or 1072 authorized by law in accordance with s. 48.081 and chapter 48 or 1073 chapter 49 by serving on its registered agent. 1074 (2)If a corporation ceases to have a registered agent or 1075 if its registered agent cannot with reasonable diligence be 1076 served, the process required or permitted by law may instead be 1077 served on the chair of the board, the president, any vice 1078 president, the secretary, or the treasurer of the corporation at 1079 the principal office of the corporation in this state. 1080 (3)If the process cannot be served on a corporation 1081 pursuant to subsection (1) or subsection (2), the process may be 1082 served on the secretary of state as an agent of the corporation. 1083 (4)Service of process on the secretary of state shall be 1084 made by delivering to and leaving with the department duplicate 1085 copies of the process. 1086 (5)Service is effectuated under subsection (3) on the date 1087 shown as received by the department. 1088 (6)The department shall keep a record of each process 1089 served on the secretary of state pursuant to this subsection and 1090 record the time of and the action taken regarding the service. 1091 (7)Any notice or demand on a corporation under this 1092 chapter may be given or made to the chair of the board, the 1093 president, any vice president, the secretary, or the treasurer 1094 of the corporation; to the registered agent of the corporation 1095 at the registered office of the corporation in this state; or to 1096 any other address in this state which that is in fact the 1097 principal office of the corporation in this state. 1098 (3)(8)This section does not affect the right to serve 1099 process, give notice, or make a demand in any other manner 1100 provided by law. 1101 Section 22.Subsection (1) of section 607.1423, Florida 1102 Statutes, is amended to read: 1103 607.1423Judicial review of denial of reinstatement. 1104 (1)If the department denies a corporations application 1105 for reinstatement after administrative dissolution, the 1106 department must shall serve the corporation under either s. 1107 607.0504(1) or (2) with a written notice that explains the 1108 reason or reasons for denial. 1109 Section 23.Section 607.15101, Florida Statutes, is amended 1110 to read: 1111 607.15101Serving Service of process, giving notice, or 1112 making a demand on a foreign corporation. 1113 (1)A foreign corporation may be served with process 1114 required or authorized by law in accordance with s. 48.081 and 1115 chapter 48 or chapter 49 by serving on its registered agent. 1116 (2)If a foreign corporation ceases to have a registered 1117 agent or if its registered agent cannot with reasonable 1118 diligence be served, the process required or permitted by law 1119 may instead be served on the chair of the board, the president, 1120 any vice president, the secretary, or the treasurer of the 1121 foreign corporation at the principal office of the foreign 1122 corporation in this state. 1123 (3)If the process cannot be served on a foreign 1124 corporation pursuant to subsection (1) or subsection (2), the 1125 process may be served on the secretary of state as an agent of 1126 the foreign corporation. 1127 (4)Service of process on the secretary of state may be 1128 made by delivering to and leaving with the department duplicate 1129 copies of the process. 1130 (5)Service is effectuated under subsection (3) on the date 1131 shown as received by the department. 1132 (6)The department shall keep a record of each process 1133 served on the secretary of state pursuant to this section and 1134 record the time of and the action taken regarding the service. 1135 (7)Any notice or demand on a foreign corporation under 1136 this chapter may be given or made: to the chair of the board, 1137 the president, any vice president, the secretary, or the 1138 treasurer of the foreign corporation; to the registered agent of 1139 the foreign corporation at the registered office of the foreign 1140 corporation in this state; or to any other address in this state 1141 which that is in fact the principal office of the foreign 1142 corporation in this state. 1143 (3)(8)This section does not affect the right to serve 1144 process, give notice, or make a demand in any other manner 1145 provided by law. 1146 Section 24.Paragraph (f) of subsection (1) and subsection 1147 (2) of section 607.1520, Florida Statutes, are amended to read: 1148 607.1520Withdrawal and cancellation of certificate of 1149 authority for foreign corporation. 1150 (1)To cancel its certificate of authority to transact 1151 business in this state, a foreign corporation must deliver to 1152 the department for filing a notice of withdrawal of certificate 1153 of authority. The certificate of authority is canceled when the 1154 notice of withdrawal becomes effective pursuant to s. 607.0123. 1155 The notice of withdrawal of certificate of authority must be 1156 signed by an officer or director and state the following: 1157 (f)A mailing address and an e-mail address to which a 1158 party seeking to effectuate service of process the secretary of 1159 state may send mail a copy of any process served on the 1160 Secretary of State under paragraph (e). 1161 (2)After the withdrawal of the foreign corporation is 1162 effective, service of process on the Secretary of State using 1163 the procedures in s. 48.161 under this section is service on the 1164 foreign corporation. Upon receipt of the process, the secretary 1165 of state shall mail a copy of the process to the foreign 1166 corporation at the mailing address set forth under paragraph 1167 (1)(f). 1168 Section 25.Subsections (1) and (3) of section 617.0504, 1169 Florida Statutes, are amended to read: 1170 617.0504Serving Service of process, giving notice, or 1171 making a demand on a corporation. 1172 (1)Process against any corporation may be served in 1173 accordance with s. 48.081 and chapter 48 or chapter 49. 1174 (3)This section does not prescribe the only means, or 1175 necessarily the required means, of serving process, giving 1176 notice, or making a demand on a corporation. 1177 Section 26.Section 617.1510, Florida Statutes, is amended 1178 to read: 1179 617.1510Serving Service of process, giving notice, or 1180 making a demand on a foreign corporation. 1181 (1)Process against a foreign corporation may be served in 1182 accordance with s. 48.081 and chapter 48 or chapter 49 The 1183 registered agent of a foreign corporation authorized to conduct 1184 its affairs in this state is the corporations agent for service 1185 of process, notice, or demand required or permitted by law to be 1186 served on the foreign corporation. 1187 (2)A foreign corporation may be served by registered or 1188 certified mail, return receipt requested, addressed to the 1189 secretary of the foreign corporation at its principal office 1190 shown in its application for a certificate of authority or in 1191 its most recent annual report if the foreign corporation: 1192 (a)Has no registered agent or its registered agent cannot 1193 with reasonable diligence be served; 1194 (b)Has withdrawn from conducting its affairs in this state 1195 under s. 617.1520; or 1196 (c)Has had its certificate of authority revoked under s. 1197 617.1531. 1198 (3)Service is perfected under subsection (2) at the 1199 earliest of: 1200 (a)The date the foreign corporation receives the mail; 1201 (b)The date shown on the return receipt, if signed on 1202 behalf of the foreign corporation; or 1203 (c)Five days after its deposit in the United States mail, 1204 as evidenced by the postmark, if mailed postpaid and correctly 1205 addressed. 1206 (4)This section does not prescribe the only means, or 1207 necessarily the required means, of serving a foreign 1208 corporation. Process against any foreign corporation may also be 1209 served in accordance with chapter 48 or chapter 49. 1210 (5)Any notice to or demand on a foreign corporation made 1211 pursuant to this act may be made in accordance with the 1212 procedures for notice to or demand on domestic corporations 1213 under s. 617.0504. 1214 Section 27.Subsections (2) and (3) of section 617.1520, 1215 Florida Statutes, are amended to read: 1216 617.1520Withdrawal of foreign corporation. 1217 (2)A foreign corporation authorized to conduct its affairs 1218 in this state may apply for a certificate of withdrawal by 1219 delivering an application to the Department of State for filing. 1220 The application must shall be made on forms prescribed and 1221 furnished by the Department of State and must shall set forth 1222 all of the following: 1223 (a)The name of the foreign corporation and the 1224 jurisdiction under the law under of which it is incorporated.; 1225 (b)That it is not conducting its affairs in this state and 1226 that it surrenders its authority to conduct its affairs in this 1227 state.; 1228 (c)That it revokes the authority of its registered agent 1229 to accept service on its behalf and appoints the Secretary of 1230 State Department of State as its agent for service of process 1231 based on a cause of action arising during the time it was 1232 authorized to conduct its affairs in this state.; 1233 (d)A mailing address and an e-mail address to which a 1234 party seeking to effectuate service of process the Department of 1235 State may send mail a copy of any process served on it under 1236 paragraph (c).; and 1237 (e)A commitment to notify the Department of State in the 1238 future of any change in its mailing address or e-mail address. 1239 (3)After the withdrawal of the corporation is effective, 1240 service of process in accordance with s. 48.161 on the 1241 Department of State under this section is service on the foreign 1242 corporation. Upon receipt of the process, the Department of 1243 State shall mail a copy of the process to the foreign 1244 corporation at the mailing address set forth under subsection 1245 (2). 1246 Section 28.Section 620.1117, Florida Statutes, is amended 1247 to read: 1248 620.1117Serving Service of process, giving notice, or 1249 making a demand on a limited partnership or a foreign limited 1250 partnership. 1251 (1)Service of process on a limited partnership or foreign 1252 limited partnership must be made in accordance with s. 48.061 1253 and chapter 48 or chapter 49 A registered agent appointed by a 1254 limited partnership or foreign limited partnership is an agent 1255 of the limited partnership or foreign limited partnership for 1256 service of any process, notice, or demand required or permitted 1257 by law to be served upon the limited partnership or foreign 1258 limited partnership. 1259 (2)Any notice or demand on a limited partnership or 1260 foreign limited partnership under this chapter may be given or 1261 made to any general partner of the limited partnership or 1262 foreign limited partnership, to the registered agent of the 1263 limited partnership or foreign limited partnership at the 1264 registered office in this state, or to any other address in this 1265 state which is in fact the principal office of the limited 1266 partnership or foreign limited partnership in this state If a 1267 limited partnership or foreign limited partnership does not 1268 appoint or maintain a registered agent in this state or the 1269 registered agent cannot with reasonable diligence be found at 1270 the address of the registered office, the Department of State 1271 shall be an agent of the limited partnership or foreign limited 1272 partnership upon whom process, notice, or demand may be served. 1273 (3)Service of any process, notice, or demand on the 1274 Department of State may be made by delivering to and leaving 1275 with the Department of State duplicate copies of the process, 1276 notice, or demand. 1277 (4)Service is effected under subsection (3) upon the date 1278 shown as having been received by the Department of State. 1279 (5)The Department of State shall keep a record of each 1280 process, notice, and demand served pursuant to this section and 1281 record the time of, and the action taken regarding, the service. 1282 (6)This section does not affect the right to serve 1283 process, give notice, or make a demand in any other manner 1284 provided by law. 1285 Section 29.Subsection (5) of section 620.1907, Florida 1286 Statutes, is amended to read: 1287 620.1907Cancellation of certificate of authority; effect 1288 of failure to have certificate. 1289 (5)If a foreign limited partnership transacts business in 1290 this state without a certificate of authority or cancels its 1291 certificate of authority, it may be served under s. 48.061(5)(b) 1292 the foreign limited partnership shall appoint the Department of 1293 State as its agent for service of process for rights of action 1294 arising out of the transaction of business in this state. 1295 Section 30.Subsections (3) and (4) of section 620.2105, 1296 Florida Statutes, are amended to read: 1297 620.2105Effect of conversion. 1298 (3)A converted organization that is a foreign organization 1299 consents to the jurisdiction of the courts of this state to 1300 enforce any obligation owed by the converting limited 1301 partnership, if before the conversion the converting limited 1302 partnership was subject to suit in this state on the obligation. 1303 A converted organization that is a foreign organization and not 1304 authorized to transact business in this state appoints the 1305 Secretary of State Department of State as its agent for service 1306 of process for purposes of enforcing an obligation under this 1307 subsection and any appraisal rights of limited partners under 1308 ss. 620.2113-620.2124 to the extent applicable to the 1309 conversion. Service on the Secretary of State Department of 1310 State under this subsection is made in the same manner and with 1311 the same consequences as in ss. 48.161 and 620.1117 s. 1312 620.1117(3) and (4). 1313 (4)A copy of the statement of conversion, certified by the 1314 Secretary of State Department of State, may be filed in any 1315 county of this state in which the converting organization holds 1316 an interest in real property. 1317 Section 31.Subsection (2) of section 620.2109, Florida 1318 Statutes, is amended to read: 1319 620.2109Effect of merger. 1320 (2)A surviving organization that is a foreign organization 1321 consents to the jurisdiction of the courts of this state to 1322 enforce any obligation owed by a constituent organization, if 1323 before the merger the constituent organization was subject to 1324 suit in this state on the obligation. A surviving organization 1325 that is a foreign organization and not authorized to transact 1326 business in this state shall appoint the Secretary of State 1327 Department of State as its agent for service of process for the 1328 purposes of enforcing an obligation under this subsection and 1329 any appraisal rights of limited partners under ss. 620.2113 1330 620.2124 to the extent applicable to the merger. Service on the 1331 Secretary of State Department of State under this subsection is 1332 made in the same manner and with the same consequences as in ss. 1333 48.161 and 620.1117 s. 620.1117(3) and (4). 1334 Section 32.Subsections (3) and (4) of section 620.8915, 1335 Florida Statutes, are amended to read: 1336 620.8915Effect of conversion. 1337 (3)A converted organization that is a foreign organization 1338 consents to the jurisdiction of the courts of this state to 1339 enforce any obligation owed by the converting partnership, if 1340 before the conversion the converting partnership was subject to 1341 suit in this state on the obligation. A converted organization 1342 that is a foreign organization and not authorized to transact 1343 business in this state shall appoint the Secretary of State 1344 Department of State as its agent for service of process for 1345 purposes of enforcing an obligation under this subsection. 1346 Service on the Secretary of State Department of State under this 1347 subsection is shall be made in the same manner and with the same 1348 consequences as provided in s. 48.161 s. 48.181. 1349 (4)A copy of the certificate of conversion, certified by 1350 the Secretary of State Department of State, may be filed in any 1351 county of this state in which the converting organization holds 1352 an interest in real property. 1353 Section 33.Subsection (2) of section 620.8919, Florida 1354 Statutes, is amended to read: 1355 620.8919Effect of merger. 1356 (2)A surviving organization that is a foreign organization 1357 consents to the jurisdiction of the courts of this state to 1358 enforce any obligation owed by a constituent organization, if 1359 before the merger the constituent organization was subject to 1360 suit in this state on the obligation. A surviving organization 1361 that is a foreign organization and not authorized to transact 1362 business in this state shall appoint the Secretary of State 1363 Department of State as its agent for service of process pursuant 1364 to s. 48.161 the provisions of s. 48.181. 1365 Section 34.Except as otherwise expressly provided in this 1366 act and except for this section, which shall take effect upon 1367 this act becoming a law, this act shall take effect January 2, 1368 2023.