Florida Senate - 2025 CS for SB 576 By the Committee on Judiciary; and Senator Leek 590-02318-25 2025576c1 1 A bill to be entitled 2 An act relating to service of process; amending s. 3 48.091, F.S.; expanding the hours during which 4 registered agents are required to keep the designated 5 registered office open for the purpose of process 6 service; specifying that certain registered agents may 7 be served process in a specified manner; providing 8 that process may be served on an employee of the 9 registered agent in accordance with applicable law; 10 authorizing a person attempting to serve process to 11 serve an employee of the registered agent present at 12 the registered office; amending s. 48.101, F.S.; 13 authorizing service of process by personally serving 14 the receiver for specified domestic entities in 15 receivership during pendency of the receivership; 16 amending s. 48.161, F.S.; requiring that a certain 17 substituted service of process be issued in the name 18 of the party to be served in care of the Secretary of 19 State; deleting a provision requiring the Secretary of 20 State to keep certain records; authorizing the use of 21 a specified substituted service method under certain 22 circumstances; requiring parties using such method to 23 send the notice of service and a copy of the process 24 to the last known physical and, if applicable, 25 electronic addresses of the party being served; 26 revising the information that must be contained in a 27 certain affidavit of compliance; providing that a 28 certain service of process is effectuated under 29 specified circumstances; providing that the Secretary 30 of State and the Department of State are not parties 31 to lawsuits and may not be served additional court 32 filings by reason of specified substituted service; 33 amending s. 48.181, F.S.; specifying that registered 34 agents must have been designated under a specified 35 provision for a specified purpose; authorizing 36 substituted service on the Secretary of State in 37 specified circumstances; providing that certain 38 individuals are deemed to have appointed the Secretary 39 of State as their agents on whom all process may be 40 served in certain actions and proceedings; providing 41 retroactive application; providing applicability and 42 construction; providing effective dates. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1.Effective October 1, 2025, subsections (3) and 47 (4) of section 48.091, Florida Statutes, are amended to read: 48 48.091Partnerships, corporations, and limited liability 49 companies; designation of registered agent and registered 50 office. 51 (3)Every domestic limited liability partnership; domestic 52 limited partnership, including limited liability limited 53 partnerships; domestic corporation; domestic limited liability 54 company; registered foreign limited liability partnership; 55 registered foreign limited partnership, including limited 56 liability limited partnerships; registered foreign corporation; 57 registered foreign limited liability company; and domestic or 58 foreign general partnership that elects to designate a 59 registered agent, shall cause the designated registered agent to 60 keep the designated registered office open from at least 10 a.m. 61 to 12 noon and 2 p.m. to 4 p.m. each day except Saturdays, 62 Sundays, and legal holidays, and shall cause the designated 63 registered agent to keep one or more individuals who are, or are 64 representatives of, the designated registered agent on whom 65 process may be served at the office during these hours. 66 (4)(a)A registered agent who is a natural person may be 67 served with process in accordance with s. 48.031. 68 (b)A person attempting to serve process at the registered 69 office designated pursuant to subsection (2) on a registered 70 agent who is a natural person, if such natural person is not 71 present at the designated registered office at the time of 72 service, may serve the process, including during the first 73 attempt at service, on any employee of such natural person who 74 is present at the designated registered office at the time of 75 service. 76 (c)A person attempting to serve process at the registered 77 office designated pursuant to subsection (2) this section on a 78 registered agent that is other than a natural person may serve 79 the process in accordance with the provisions of applicable law 80 relating to service of process on that type of entity or on any 81 employee of the registered agent who is present at the 82 designated registered office at the time of service. A person 83 attempting to serve process pursuant to this section on a 84 natural person, if the natural person is temporarily absent from 85 his or her office, may serve the process during the first 86 attempt at service on any employee of such natural person. 87 Section 2.Effective October 1, 2025, section 48.101, 88 Florida Statutes, is amended to read: 89 48.101Service on domestic dissolved corporations, 90 dissolved limited liability companies, dissolved limited 91 partnerships, and dissolved limited liability partnerships, and 92 business organizations in receivership. 93 (1)Process against the directors of any corporation that 94 was dissolved before July 1, 1990, as trustees of the dissolved 95 corporation must be served on one or more of the directors of 96 the dissolved corporation as trustees thereof and binds all of 97 the directors of the dissolved corporation as trustees thereof. 98 (2)(a)Process against any other dissolved domestic 99 corporation must be served in accordance with s. 48.081. 100 (b)In addition, provided that service was first properly 101 attempted on the registered agent pursuant to s. 48.081(2), but 102 was not successful, service may then be attempted as required 103 under s. 48.081(3). In addition to the persons listed in s. 104 48.081(3), service may then be attempted on the person appointed 105 by the circuit court as the trustee, custodian, or receiver 106 under s. 607.1405(6). 107 (c)A party attempting to serve a dissolved domestic for 108 profit corporation under this section may petition the court to 109 appoint one of the persons specified in s. 607.1405(6) to 110 receive service of process on behalf of the corporation. 111 (3)(a)Process against any dissolved domestic limited 112 liability company must be served in accordance with s. 48.062. 113 (b)In addition, provided that service was first properly 114 attempted on the registered agent pursuant to s. 48.062(2), but 115 was not successful, service may then be attempted as required 116 under s. 48.062(3). In addition to the persons listed in s. 117 48.062(3), service on a dissolved domestic limited liability 118 company may be made on the person appointed as the liquidator, 119 trustee, or receiver under s. 605.0709. 120 (c)A party attempting to serve a dissolved domestic 121 limited liability company under this section may petition the 122 court to appoint one of the persons specified in s. 605.0709(5) 123 to receive service of process on behalf of the limited liability 124 company. 125 (4)Process against any dissolved domestic limited 126 partnership must be served in accordance with s. 48.061. 127 (5)Notwithstanding this section and during the pendency of 128 the receivership, a party attempting to serve process on a 129 domestic business entity, business trust, or sole proprietorship 130 in receivership may effectuate service by personal service on 131 the receiver. 132 Section 3.Effective October 1, 2025, section 48.161, 133 Florida Statutes, is amended to read: 134 48.161Method of substituted service on certain parties in 135 care of the Secretary of State nonresident. 136 (1)When authorized by law, substituted service of process 137 on a nonresident individual or a corporation or other business 138 entity incorporated or formed under the laws of any other state, 139 territory, or commonwealth, or the laws of any foreign country, 140 may be made by sending a copy of the process to the office of 141 the Secretary of State. Such process must be issued in the name 142 of the party to be served, in the care of the Secretary of 143 State, and must be made by personal delivery; by registered 144 mail; by certified mail, return receipt requested; by use of a 145 commercial firm regularly engaged in the business of document or 146 package delivery; or by electronic transmission. Such The 147 service is sufficient service on a party that has appointed or 148 is deemed to have appointed the Secretary of State as such 149 partys agent for service of process. The Secretary of State 150 shall keep a record of all process served on the Secretary of 151 State showing the day and hour of service. 152 (2)When an individual or a business entity is a 153 nonresident or conceals his, her, or its whereabouts, the party 154 seeking to effectuate service may, after exercising due 155 diligence to locate and effectuate personal service, use the 156 substituted service method specified in subsection (1) in 157 connection with any action in which the court has jurisdiction 158 over the individual or business entity. 159 (3)Whenever a party is using substituted service specified 160 in subsection (1), notice of service and a copy of the process 161 must also be sent forthwith to the party being served by the 162 party effectuating service or by such partys attorney by 163 registered mail; by certified mail, return receipt requested; or 164 by use of a commercial firm regularly engaged in the business of 165 document or package delivery. In addition, if the parties have 166 recently and regularly used e-mail or other electronic means to 167 communicate between themselves, the notice of service and a copy 168 of the process must also be sent by such electronic means. or, 169 if the party is being served by substituted service, The notice 170 of service and a copy of the process must be sent to the served 171 at such partys last known physical address and, if applicable, 172 last known electronic address of the party being served. The 173 party effectuating service shall file proof of service or return 174 receipts showing delivery to the other party by mail or courier 175 and by electronic means, if electronic means were used, unless 176 the party is actively refusing or rejecting the delivery of the 177 notice or the party is concealing himself, herself, or itself. 178 An affidavit of compliance of the party effectuating service or 179 such partys attorney must be filed within 40 days after the 180 date of service on the Secretary of State or within such 181 additional time as the court allows. The affidavit of compliance 182 must set forth the facts that justify such substituted service 183 under this section and must contain sufficient facts showing: 184 (a)That show due diligence was exercised in attempting to 185 locate and effectuate personal service on the party; and 186 (b)To the extent applicable, the partys nonresidence or 187 concealment, or that the party is a business entity for which 188 substituted service is otherwise authorized by law before using 189 substituted service under this section. The party effectuating 190 service does not need to allege in its original or amended 191 complaint the facts required to be set forth in the affidavit of 192 compliance. 193 (4)(3)When an individual or a business entity conceals its 194 whereabouts, the party seeking to effectuate service may, after 195 exercising due diligence to locate and effectuate personal 196 service, may use substituted service pursuant to subsection (1) 197 in connection with any action in which the court has 198 jurisdiction over such individual or business entity. The party 199 seeking to effectuate service must also comply with subsection 200 (3) (2); however, a return receipt or other proof showing 201 acceptance of receipt of the notice of service and a copy of the 202 process by the concealed party need not be filed. 203 (5)(4)The party effectuating service is considered to have 204 used due diligence if that party: 205 (a)Made diligent inquiry and exerted an honest and 206 conscientious effort appropriate to the circumstances to acquire 207 the information necessary to effectuate personal service; 208 (b)In seeking to effectuate personal service, reasonably 209 employed the knowledge at the partys command, including 210 knowledge obtained pursuant to paragraph (a); and 211 (c)Made an appropriate number of attempts to serve the 212 party, taking into account the particular circumstances, during 213 such times when and where such party is reasonably likely to be 214 found, as determined through resources reasonably available to 215 the party seeking to secure service of process. 216 (6)(5)If any individual on whom service of process is 217 authorized under subsection (1) dies, service may be made in the 218 same manner on his or her administrator, executor, curator, or 219 personal representative. 220 (7)(6)The Secretary of State may designate an individual 221 in his or her office to accept service. 222 (8)(7)Service of process is effectuated under this section 223 on the date the affidavit of compliance is filed, or the date 224 when the notice of service requirements under subsection (3) are 225 completed, whichever is later service is received by the 226 Department of State. 227 (9)(8)The Department of State shall maintain a record of 228 each process served pursuant to this section and record the time 229 of and the action taken regarding the service. The Secretary of 230 State and the Department of State are not parties to the lawsuit 231 by reason of substituted service under this section, and 232 additional court filings regarding such lawsuit may not be 233 served upon or sent to the Secretary of State or the Department 234 of State after the substituted service is effectuated. 235 (10)(9)This section does not apply to persons on whom 236 service is authorized under s. 48.151. 237 Section 4.Effective October 1, 2025, present subsections 238 (5) and (6) of section 48.181, Florida Statutes, are 239 redesignated as subsections (6) and (7), respectively, a new 240 subsection (5) is added to that section, and subsections (3) and 241 (4) of that section are amended, to read: 242 48.181Substituted service on nonresidents and foreign 243 business entities engaging in business in state or concealing 244 their whereabouts. 245 (3)If a foreign business entity has registered to do 246 business in this state and has maintained its registration in an 247 active status or otherwise continued to have a registered agent 248 designated in accordance with s. 48.091, personal service of 249 process must first be attempted on the foreign business entity 250 in the manner and order of priority described in this chapter as 251 applicable to the foreign business entity. If, after due 252 diligence, the party seeking to effectuate service of process is 253 unable to effectuate service of process on the foreign business 254 entity in the manner and order of priority registered agent or 255 other official as provided in this chapter, the party may use 256 substituted service of process on the Secretary of State. 257 (4)Any individual or foreign business entity that conceals 258 its whereabouts is deemed to have appointed the Secretary of 259 State as its agent on whom all process may be served, in any 260 action or proceeding against such individual or foreign business 261 entity it, or any combination thereof, arising out of any 262 transaction or operation connected with or incidental to any 263 business or business venture carried on in this state by such 264 individual or foreign business entity. 265 (5)Any individual who was a resident of this state and who 266 subsequently became a nonresident is deemed to have appointed 267 the Secretary of State as his or her agent on whom all process 268 may be served in any action or proceeding against such 269 individual arising out of any transaction or operation connected 270 with or incidental to any business or business venture carried 271 on in this state by such individual. 272 Section 5.(1)The amendments made to chapter 48, Florida 273 Statutes, by chapter 2022-190, Laws of Florida, apply to causes 274 of action that accrued on or after January 2, 2023, and to all 275 causes of action that accrued before January 2, 2023, for which 276 service of process was effectuated on or after January 2, 2023. 277 (2)Notwithstanding subsection (1), any service of process 278 that occurred between January 2, 2023, and October 1, 2025, 279 which has not been invalidated by a court, is valid if such 280 service complied with either chapter 48, Florida Statutes, as 281 amended by chapter 2022-190, Laws of Florida, or the laws 282 governing service of process in effect before January 2, 2023, 283 which would have applied in the absence of chapter 2022-190, 284 Laws of Florida. 285 (3)The amendments made by this act apply to all service of 286 process made or effectuated on or after October 1, 2025, 287 regardless of whether the cause of action accrued before, on, or 288 after October 1, 2025. 289 (4)This section does not extend or modify the time for 290 challenging the validity of any service of process and does not 291 revive any ability to challenge the validity of service of 292 process which has previously been waived. 293 Section 6.Except as otherwise expressly provided in this 294 act, this act shall take effect upon becoming a law.