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Bill > H0157


FL H0157

FL H0157
Service of Process


summary

Introduced
01/14/2025
In Committee
03/31/2025
Crossed Over
04/16/2025
Passed
04/29/2025
Dead
Signed/Enacted/Adopted
05/01/2025

Introduced Session

2025 Regular Session

Bill Summary

An act relating to service of process; amending s. 48.091, F.S.; expanding the hours during which registered agents are required to keep the designated registered office open for the purpose of process service; specifying that certain registered agents may be served process in a specified manner; providing that process may be served on an employee of the registered agent in accordance with applicable law; authorizing a person attempting to serve process to serve an employee of the registered agent present at the registered office; amending s. 48.101, F.S.; authorizing service of process by personally serving the receiver for specified domestic entities in receivership during pendency of the receivership; amending s. 48.161, F.S.; requiring that a certain substituted service of process be issued in the name of the party to be served in care of the Secretary of State; removing a provision requiring the Secretary of State to keep certain records; authorizing the use of a specified substituted service method under certain circumstances; requiring parties using such method to send the notice of service and a copy of the process to the last known physical and, if applicable, electronic addresses of the party being served; hb157 -01-erLegislature revising the information that must be contained in a certain affidavit of compliance; providing that the Secretary of State and the Department of State are not parties to lawsuits and may not be served additional court filings by reason of specified substituted service; amending s. 48.181, F.S.; specifying that registered agents must have been designated under a specified provision for a specified purpose; authorizing substituted service on the Secretary of State in specified circumstances; providing that certain individuals are deemed to have appointed the Secretary of State as their agents on whom all process may be served in certain actions and proceedings; providing retroactive application; providing applicability and construction; providing effective dates.

AI Summary

This bill modifies Florida's laws regarding service of process (the formal delivery of legal documents) to clarify and expand the methods by which legal documents can be served on registered agents, businesses, and individuals. The bill expands the hours during which registered agent offices must remain open, allowing service between 10 a.m. to 12 noon and 2 p.m. to 4 p.m. on business days. It authorizes process servers to serve an employee of a registered agent if the registered agent is not present, and provides more detailed guidelines for substituted service (alternative methods of serving legal documents) through the Secretary of State when traditional service methods fail. The bill specifically addresses service of process for dissolved corporations, limited liability companies, and businesses in receivership, and establishes that individuals who were formerly Florida residents and have since moved away can still be served through the Secretary of State for certain business-related legal actions. The changes apply to legal actions accruing on or after January 2, 2023, with specific provisions ensuring the validity of previous service methods and preventing retroactive challenges to service of process. The bill aims to provide clearer, more flexible methods for serving legal documents while maintaining due process protections.

Committee Categories

Justice

Sponsors (1)

Other Sponsors (1)

Civil Justice & Claims Subcommittee (House)

Last Action

Chapter No. 2025-13 (on 05/01/2025)

bill text


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