Florida Senate - 2025 SB 576
By Senator Leek
7-00274C-25 2025576__
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 the
28 Secretary of State and the Department of State are not
29 parties to lawsuits and may not be served additional
30 court filings by reason of specified substituted
31 service; amending s. 48.181, F.S.; specifying that
32 registered agents must have been designated under a
33 specified provision for a specified purpose;
34 authorizing substituted service on the Secretary of
35 State in specified circumstances; providing that
36 certain individuals are deemed to have appointed the
37 Secretary of State as their agents on whom all process
38 may be served in certain actions and proceedings;
39 providing retroactive application; providing
40 applicability and construction; providing effective
41 dates.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. Effective October 1, 2025, subsections (3) and
46 (4) of section 48.091, Florida Statutes, are amended to read:
47 48.091 Partnerships, corporations, and limited liability
48 companies; designation of registered agent and registered
49 office.—
50 (3) Every domestic limited liability partnership; domestic
51 limited partnership, including limited liability limited
52 partnerships; domestic corporation; domestic limited liability
53 company; registered foreign limited liability partnership;
54 registered foreign limited partnership, including limited
55 liability limited partnerships; registered foreign corporation;
56 registered foreign limited liability company; and domestic or
57 foreign general partnership that elects to designate a
58 registered agent, shall cause the designated registered agent to
59 keep the designated registered office open from at least 10 a.m.
60 to 12 noon and 2 p.m. to 4 p.m. each day except Saturdays,
61 Sundays, and legal holidays, and shall cause the designated
62 registered agent to keep one or more individuals who are, or are
63 representatives of, the designated registered agent on whom
64 process may be served at the office during these hours.
65 (4)(a) A registered agent who is a natural person may be
66 served with process in accordance with s. 48.031.
67 (b) A person attempting to serve process at the registered
68 office designated pursuant to subsection (2) on a registered
69 agent who is a natural person, if such natural person is not
70 present at the designated registered office at the time of
71 service, may serve the process, including during the first
72 attempt at service, on any employee of such natural person who
73 is present at the designated registered office at the time of
74 service.
75 (c) A person attempting to serve process at the registered
76 office designated pursuant to subsection (2) this section on a
77 registered agent that is other than a natural person may serve
78 the process in accordance with the provisions of applicable law
79 relating to service of process on that type of entity or on any
80 employee of the registered agent who is present at the
81 designated registered office at the time of service. A person
82 attempting to serve process pursuant to this section on a
83 natural person, if the natural person is temporarily absent from
84 his or her office, may serve the process during the first
85 attempt at service on any employee of such natural person.
86 Section 2. Effective October 1, 2025, section 48.101,
87 Florida Statutes, is amended to read:
88 48.101 Service on domestic dissolved corporations,
89 dissolved limited liability companies, dissolved limited
90 partnerships, and dissolved limited liability partnerships, and
91 business organizations in receivership.—
92 (1) Process against the directors of any corporation that
93 was dissolved before July 1, 1990, as trustees of the dissolved
94 corporation must be served on one or more of the directors of
95 the dissolved corporation as trustees thereof and binds all of
96 the directors of the dissolved corporation as trustees thereof.
97 (2)(a) Process against any other dissolved domestic
98 corporation must be served in accordance with s. 48.081.
99 (b) In addition, provided that service was first properly
100 attempted on the registered agent pursuant to s. 48.081(2), but
101 was not successful, service may then be attempted as required
102 under s. 48.081(3). In addition to the persons listed in s.
103 48.081(3), service may then be attempted on the person appointed
104 by the circuit court as the trustee, custodian, or receiver
105 under s. 607.1405(6).
106 (c) A party attempting to serve a dissolved domestic for
107 profit corporation under this section may petition the court to
108 appoint one of the persons specified in s. 607.1405(6) to
109 receive service of process on behalf of the corporation.
110 (3)(a) Process against any dissolved domestic limited
111 liability company must be served in accordance with s. 48.062.
112 (b) In addition, provided that service was first properly
113 attempted on the registered agent pursuant to s. 48.062(2), but
114 was not successful, service may then be attempted as required
115 under s. 48.062(3). In addition to the persons listed in s.
116 48.062(3), service on a dissolved domestic limited liability
117 company may be made on the person appointed as the liquidator,
118 trustee, or receiver under s. 605.0709.
119 (c) A party attempting to serve a dissolved domestic
120 limited liability company under this section may petition the
121 court to appoint one of the persons specified in s. 605.0709(5)
122 to receive service of process on behalf of the limited liability
123 company.
124 (4) Process against any dissolved domestic limited
125 partnership must be served in accordance with s. 48.061.
126 (5) Notwithstanding this section and during the pendency of
127 the receivership, a party attempting to serve process on a
128 domestic business entity, business trust, or sole proprietorship
129 in receivership may effectuate service by personal service on
130 the receiver.
131 Section 3. Effective October 1, 2025, section 48.161,
132 Florida Statutes, is amended to read:
133 48.161 Method of substituted service on certain parties in
134 care of the Secretary of State nonresident.—
135 (1) When authorized by law, substituted service of process
136 on a nonresident individual or a corporation or other business
137 entity incorporated or formed under the laws of any other state,
138 territory, or commonwealth, or the laws of any foreign country,
139 may be made by sending a copy of the process to the office of
140 the Secretary of State. Such process must be issued in the name
141 of the party to be served, in the care of the Secretary of
142 State, and must be made by personal delivery; by registered
143 mail; by certified mail, return receipt requested; by use of a
144 commercial firm regularly engaged in the business of document or
145 package delivery; or by electronic transmission. Such The
146 service is sufficient service on a party that has appointed or
147 is deemed to have appointed the Secretary of State as such
148 party’s agent for service of process. The Secretary of State
149 shall keep a record of all process served on the Secretary of
150 State showing the day and hour of service.
151 (2) When an individual or a business entity is a
152 nonresident or conceals his, her, or its whereabouts, the party
153 seeking to effectuate service may, after exercising due
154 diligence to locate and effectuate personal service, use the
155 substituted service method specified in subsection (1) in
156 connection with any action in which the court has jurisdiction
157 over the individual or business entity.
158 (3) Whenever a party is using substituted service specified
159 in subsection (1), notice of service and a copy of the process
160 must also be sent forthwith to the party being served by the
161 party effectuating service or by such party’s attorney by
162 registered mail; by certified mail, return receipt requested; or
163 by use of a commercial firm regularly engaged in the business of
164 document or package delivery. In addition, if the parties have
165 recently and regularly used e-mail or other electronic means to
166 communicate between themselves, the notice of service and a copy
167 of the process must also be sent by such electronic means. or,
168 if the party is being served by substituted service, The notice
169 of service and a copy of the process must be sent to the served
170 at such party’s last known physical address and, if applicable,
171 last known electronic address of the party being served. The
172 party effectuating service shall file proof of service or return
173 receipts showing delivery to the other party by mail or courier
174 and by electronic means, if electronic means were used, unless
175 the party is actively refusing or rejecting the delivery of the
176 notice or the party is concealing himself, herself, or itself.
177 An affidavit of compliance of the party effectuating service or
178 such party’s attorney must be filed within 40 days after the
179 date of service on the Secretary of State or within such
180 additional time as the court allows. Before using substituted
181 service under this section, the affidavit of compliance must set
182 forth the facts that justify such substituted service under this
183 section and must contain sufficient facts demonstrating that
184 show due diligence was exercised in attempting to locate and
185 effectuate personal service on the party, including any
186 information regarding the party’s nonresidence or concealment,
187 or that the party is a business entity for which substituted
188 service is otherwise authorized by law before using substituted
189 service under this section. The party effectuating service does
190 not need to allege in its original or amended complaint the
191 facts required to be set forth in the affidavit of compliance.
192 (4)(3) When an individual or a business entity conceals its
193 whereabouts, the party seeking to effectuate service may, after
194 exercising due diligence to locate and effectuate personal
195 service, may use substituted service pursuant to subsection (1)
196 in connection with any action in which the court has
197 jurisdiction over such individual or business entity. The party
198 seeking to effectuate service must also comply with subsection
199 (3) (2); however, a return receipt or other proof showing
200 acceptance of receipt of the notice of service and a copy of the
201 process by the concealed party need not be filed.
202 (5)(4) The party effectuating service is considered to have
203 used due diligence if that party:
204 (a) Made diligent inquiry and exerted an honest and
205 conscientious effort appropriate to the circumstances to acquire
206 the information necessary to effectuate personal service;
207 (b) In seeking to effectuate personal service, reasonably
208 employed the knowledge at the party’s command, including
209 knowledge obtained pursuant to paragraph (a); and
210 (c) Made an appropriate number of attempts to serve the
211 party, taking into account the particular circumstances, during
212 such times when and where such party is reasonably likely to be
213 found, as determined through resources reasonably available to
214 the party seeking to secure service of process.
215 (6)(5) If any individual on whom service of process is
216 authorized under subsection (1) dies, service may be made in the
217 same manner on his or her administrator, executor, curator, or
218 personal representative.
219 (7)(6) The Secretary of State may designate an individual
220 in his or her office to accept service.
221 (8)(7) Service of process is effectuated under this section
222 on the date the service is received by the Department of State.
223 (9)(8) The Department of State shall maintain a record of
224 each process served pursuant to this section and record the time
225 of and the action taken regarding the service. The Secretary of
226 State and the Department of State are not parties to the lawsuit
227 by reason of substituted service under this section, and
228 additional court filings regarding such lawsuit may not be
229 served upon or sent to the Secretary of State or the Department
230 of State after the substituted service is effectuated.
231 (10)(9) This section does not apply to persons on whom
232 service is authorized under s. 48.151.
233 Section 4. Effective October 1, 2025, present subsections
234 (5) and (6) of section 48.181, Florida Statutes, are
235 redesignated as subsections (6) and (7), respectively, a new
236 subsection (5) is added to that section, and subsections (3) and
237 (4) of that section are amended, to read:
238 48.181 Substituted service on nonresidents and foreign
239 business entities engaging in business in state or concealing
240 their whereabouts.—
241 (3) If a foreign business entity has registered to do
242 business in this state and has maintained its registration in an
243 active status or otherwise continued to have a registered agent
244 designated in accordance with s. 48.091, personal service of
245 process must first be attempted on the foreign business entity
246 in the manner and order of priority described in this chapter as
247 applicable to the foreign business entity. If, after due
248 diligence, the party seeking to effectuate service of process is
249 unable to effectuate service of process on the foreign business
250 entity in the manner and order of priority registered agent or
251 other official as provided in this chapter, the party may use
252 substituted service of process on the Secretary of State.
253 (4) Any individual or foreign business entity that conceals
254 its whereabouts is deemed to have appointed the Secretary of
255 State as its agent on whom all process may be served, in any
256 action or proceeding against such individual or foreign business
257 entity it, or any combination thereof, arising out of any
258 transaction or operation connected with or incidental to any
259 business or business venture carried on in this state by such
260 individual or foreign business entity.
261 (5) Any individual who was a resident of this state and who
262 subsequently became a nonresident is deemed to have appointed
263 the Secretary of State as his or her agent on whom all process
264 may be served in any action or proceeding against such
265 individual arising out of any transaction or operation connected
266 with or incidental to any business or business venture carried
267 on in this state by such individual.
268 Section 5. (1) The amendments made to chapter 48, Florida
269 Statutes, by chapter 2022-190, Laws of Florida, apply to causes
270 of action that accrued on or after January 2, 2023, and to all
271 causes of action that accrued before January 2, 2023, for which
272 service of process was effectuated on or after January 2, 2023.
273 (2) Notwithstanding subsection (1), any service of process
274 that occurred between January 2, 2023, and October 1, 2025,
275 which has not been invalidated by a court, is valid if such
276 service complied with either chapter 48, Florida Statutes, as
277 amended by chapter 2022-190, Laws of Florida, or the laws
278 governing service of process in effect before January 2, 2023,
279 which would have applied in the absence of chapter 2022-190,
280 Laws of Florida.
281 (3) The amendments made by this act apply to all service of
282 process made or effectuated on or after October 1, 2025,
283 regardless of whether the cause of action accrued before, on, or
284 after October 1, 2025.
285 (4) This section does not extend or modify the time for
286 challenging the validity of any service of process and does not
287 revive any ability to challenge the validity of service of
288 process which has previously been waived.
289 Section 6. Except as otherwise expressly provided in this
290 act, this act shall take effect upon becoming a law.