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         15.16 Reproduction 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         48.061 Service 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 agent’s 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         48.062 Service 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         48.071 Service 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         48.081 Service 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 corporation’s
  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         48.091 Partnerships, 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         48.101 Service 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         48.102 Service 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         48.151 Service 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         48.161 Method 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 party’s 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  party’s 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 party’s
  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  defendant’s return receipt and the affidavit of compliance of
  591  the party effectuating service plaintiff or such party’s 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 officer’s 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 party’s 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         48.181 Substituted 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         48.194 Personal 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 party’s 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         48.197 Service 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 country’s 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 country’s 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         49.072 Service 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         766.106 Notice 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 claimant’s 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 defendant’s 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 server’s 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         495.145 Forum 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         605.0117 Serving 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         605.09091 Judicial review of denial of reinstatement.—
 1025         (1) If the department denies a foreign limited liability
 1026  company’s 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         605.0910 Withdrawal 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         605.1045 Articles 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         607.0504 Serving 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         607.1423 Judicial review of denial of reinstatement.—
 1104         (1) If the department denies a corporation’s 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         607.15101 Serving 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         607.1520 Withdrawal 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         617.0504 Serving 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         617.1510 Serving 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 corporation’s 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         617.1520 Withdrawal 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         620.1117 Serving 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         620.1907 Cancellation 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         620.2105 Effect 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         620.2109 Effect 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         620.8915 Effect 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         620.8919 Effect 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.