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Bill > H0545


FL H0545

FL H0545
Service of Process


summary

Introduced
11/09/2021
In Committee
02/11/2022
Crossed Over
Passed
Dead
03/14/2022

Introduced Session

2022 Regular Session

Bill Summary

An act relating to service of process; amending s. 15.16, F.S.; authorizing the Department of State to electronically receive service of process under ch. 48, F.S.; amending s. 48.061, F.S.; revising procedures for service on partnerships, limited liability partnerships, and limited partnerships; amending s. 48.062, F.S.; defining the term "registered foreign limited liability company"; revising procedures for service on a domestic limited liability company or registered foreign limited liability company; amending s. 48.071, F.S.; providing for service on nonresidents doing business in this state by use of a commercial firm regularly engaged in the business of document or package delivery; amending s. 48.081, F.S.; defining the term "registered foreign corporation"; revising requirements for service on a domestic corporation or registered foreign corporation; amending s. 48.091, F.S.; defining terms; requiring designation of registered agents and registered offices by certain partnerships, corporations, and companies; specifying duties of a registered agent; authorizing a person serving process to serve certain persons under specified conditions; amending s. 48.101, F.S.; providing for service on dissolved corporations, dissolved limited liability companies, dissolved limited partnerships, and dissolved limited liability partnerships; creating s. 48.102, F.S.; authorizing service by other means in certain circumstances; amending s. 48.111, F.S.; revising provisions related to service on public agencies and officers; authorizing service on specified persons under certain circumstances; amending s. 48.151, F.S.; revising the applicability of provisions relating to service on statutory agents for certain persons; amending s. 48.161, F.S.; revising provisions relating to substituted service; providing for substituted service on individuals or corporations or other business entities; specifying actions that may be considered due diligence in effectuating service; specifying when service is considered effectuated; requiring the Department of State to maintain certain records; amending s. 48.181, F.S.; defining the term "foreign business entity"; revising provisions relating to substituted service; providing for substituted service on certain nonresidents and foreign business entities and on individuals and foreign business entities concealing their whereabouts; creating s. 48.184, F.S.; providing for service of process for removal of unknown parties in possession of real property; amending s. 48.194, F.S.; revising provisions relating to service outside this state but within the United States; deleting provisions relating to service outside the United States; creating s. 48.197, F.S.; providing for service in a foreign country; amending s. 49.011, F.S.; providing for constructive service on the legal mother in certain situations; amending s. 766.106, F.S.; revising requirements for service of presuit notice before filing a medical negligence complaint; creating a rebuttable presumption that service was received by a prospective defendant in certain circumstances; providing court duties if service is challenged during subsequent litigation; revising provisions concerning tolling of the statute of limitations upon service of presuit notice by specified means; specifying that the terms "prospective" and "potential" are interchangeable; amending ss. 495.145, 605.0117, 605.09091, 605.0910, 605.1045, 607.0504, 607.1423, 607.15101, 607.1520, 617.0504, 617.1510, 617.1520, 620.1117, 620.1907, 620.2105, 620.2109, 620.8915, and 620.8919, F.S.; conforming cross-references and provisions to changes made by the act; providing effective dates.

AI Summary

This bill amends various Florida statutes to update and clarify the procedures for serving process on partnerships, limited liability companies, corporations, and other business entities. The key provisions include: - Authorizing the Department of State to electronically receive service of process under the applicable chapters. - Revising the procedures for serving process on partnerships, limited liability partnerships, limited partnerships, limited liability companies, domestic and foreign corporations, and other business entities. This includes allowing service on registered agents, officers, directors, and other publicly listed representatives. - Providing for substituted service on the Secretary of State if service cannot be completed on the registered agent or other representatives. - Establishing procedures for serving process on dissolved or concealed business entities. - Allowing courts to authorize alternative means of service, including electronic methods, if personal service is not possible. - Making conforming changes to various other statutes to align with the new service of process provisions. The bill takes effect on January 2, 2023, except for the section establishing its effective date, which takes effect upon becoming law.

Committee Categories

Government Affairs, Justice

Sponsors (1)

Other Sponsors (2)

Civil Justice and Property Rights Subcommittee (House), Judiciary Committee (House)

Last Action

Laid on Table, refer to CS/CS/SB 1062 (on 03/03/2022)

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