Service of Process
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HB 545 — Service of Process
Last action — Laid on Table; companion bill(s) passed, see CS/CS/SB 1062 (Ch. 2022-190)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Service of Process; Revises provisions relating to procedures for service on various types of business entities, service outside state & in foreign country, & presuit notice before filing medical negligence complaint.
Bill Text
What changed in the latest version
1549 added · 1582 removed1549 line(s) added, 1582 removed.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 A bill to be entitled An act relating to service of process;
providing for service on Page 1of 5857 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 dissolved corporations, dissolved limited liability companies, dissolved limited partnerships, and dissolved limited liability partnerships;
48.111, F.S.;
revising provisions related to service on public agencies and officers;
authorizing service on specified persons under certain circumstances;
amending s.
requiring the Departmentdepartment of State to maintain certain records;
providing for service of process for removal of unknown parties Pagein 2ofpossession 58of CODING:real property;
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words underlined are additions.
hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 in possession of real property;
deleting provisions relating to service outsidePage the2of United57 States;CODING:
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words underlined are additions.
hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 outside the United States;
amending s.
49.011, F.S.;
providing for constructive service on the legal mother in certain situations;
49.011, F.S.;
providing for constructive service on the legal mother in certain situations;
amending s.
specifying that the terms "prospective" and "potential" are interchangeable;
PageBe 3ofIt 58Enacted CODING:by the Legislature of the State of Florida:
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hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 Be It Enacted by the Legislature of the State of Florida:
78 Section 1.
electronicPage receipt3of and57 transmissionCODING: of records;
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words underlined are additions.
hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 electronic receipt and transmission of records;
PageSection 4of2. 58 CODING:
Section 48.061, Florida Statutes, is amended to read:
48.061 Service on partnerships, limited liability partnerships, and limited partnerships.— (1)(a) Process against a partnership that is not a limited Page 4of 57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 Sectionliability 2.partnership or a limited partnership, including a limited liability limited partnership, must shall be served on any partner and is as valid for service on the partnership as if served on each individual partner.
Section 48.061, Florida Statutes, is amended to read:
48.061 Service on partnerships, limited liability partnerships, and limited partnerships.— (1)(a) Process against a partnership that is not a limited liability partnership or a limited partnership, including a limited liability limited partnership, must shall be served on any partner and is as valid for service on the partnership as if served on each individual partner.
(2)(a) Process against a domestic limited liability partnership must first be served on the then-current registered Pageagent 5offor 58service CODING:of process specified in its statement of qualification, in its statement of qualification as amended or restated, or as redesignated in its annual report or change of agent filing and is as valid for service on the limited liability partnership as if served on each individual partner.
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Show all 407 changed lines (367 more)
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 agentIf for service ofcannot processbe specifiedmade inon itsthe statementregistered ofagent qualification,because inthe itsdomestic statementlimited ofliability qualificationpartnership asceases amendedto orhave restated,a registered agent, or asif redesignatedthe inregistered itsagent annualcannot reportotherwise orbe changeserved ofafter agentone filinggood andfaith isattempt asbecause validof fora servicefailure onto thecomply limitedwith liabilitythis partnershipchapter asor ifchapter 620, the process may be served on eachany individual partner.
If service cannot be made on the registered agent because the domestic limited liability partnership ceases to have a registered agent, or if the registered agent cannot otherwise be served after one good faith attempt because of a failure to comply with this chapter or chapter 620, the process may be served on any partner.
Process against a domestic limited partnership, including a domestic limited liability limited partnership, must first be served on the then-current agent for service of process Pagespecified 6ofin 58its CODING:certificate of limited partnership, in its certificate as amended or restated, or as redesignated in its annual report or change of agent filing and is as valid for service on the domestic limited partnership as if served on each individual general partner of the partnership.
Page 6of 57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 specified2. in its certificate of limited partnership, in its certificate as amended or restated, or as redesignated in its annual report or change of agent filing and is as valid for service on the domestic limited partnership as if served on each individual general partner of the partnership.
2.
Page(b) 7ofA 58foreign CODING:limited liability partnership engaging in business in this state but not registered is considered, for purposes of service of process, a nonresident engaging in business in this state and may be served pursuant to s.
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hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 (b) A foreign limited liability partnership engaging in business in this state but not registered is considered, for purposes of service of process, a nonresident engaging in business in this state and may be served pursuant to s.
(5)(a)Page Process7of against57 aCODING: foreign limited partnership that was required to comply with s.
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hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 (5)(a) Process against a foreign limited partnership that was required to comply with s.
(2) Process against a domestic limited partnership may be served on any general partner or on the agent for service of process specified in its certificate of limited partnership or in its certificate as amended or restated and is as valid as if Pageserved 8ofon 58each CODING:individual member of the partnership.
After service on a general partner or the agent, the plaintiff may proceed to judgment and execution against the limited partnership and all of the general partners individually.
If a general partner cannot be found in this state and service cannot Page 8of 57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 servedbe made on eachan individualagent memberbecause of failure to maintain such an agent or because the partnership.agent cannot be found or served with the exercise of reasonable diligence, service of process may be effected by service upon the Secretary of State as agent of the limited partnership as provided for in s.
After service on a general partner or the agent, the plaintiff may proceed to judgment and execution against the limited partnership and all of the general partners individually.
If a general partner cannot be found in this state and service cannot be made on an agent because of failure to maintain such an agent or because the agent cannot be found or served with the exercise of reasonable diligence, service of process may be effected by service upon the Secretary of State as agent of the limited partnership as provided for in s.
48.062 Service on a domestic limited liability company or registered foreign limited liability company.— (1) As used in this section, the term "registered foreign limited liability company" means a foreign limited liability company that has an active certificate of authority to transact Page 9of 5857 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 48.062 Service on a domestic limited liability company or registered foreign limited liability company.— (1) As used in this section, the term "registered foreign limited liability company" means a foreign limited liability company that has an active certificate of authority to transact business in this state pursuant to a record filed with the Department of State.
(3)(2) If service cannot be made on a registered agent of the domestic limited liability company or registered foreign limited liability company because the domestic limited liability company or registered foreign limited liability company ceases to have a registered agent, or if the registered agent of the domestic limited liability company or registered foreign limited liability company cannot otherwise be served after one good faith attempt because of a failure to comply with this chapter Pageor 10chapter of58605 CODING:or because the limited liability company does not have a registered agent, or if its registered agent cannot with reasonable diligence be served, process against the limited liability company, domestic or foreign, the process may be served on any of the following:
Page 10 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 or(a) chapterAny 605manager orof becausea themanager-managed domestic limited liability company does not have a registered agent, or if its registered agentforeign cannot with reasonable diligence be served, process against the limited liability company,company. domestic or foreign, the process may be served on any of the following:
(a) Any manager of a manager-managed domestic limited liability company or registered foreign limited liability company.
Page(a) 11The of58only CODING:person listed publicly by the domestic limited liability company or registered foreign limited liability company on its latest annual report, as most recently amended, is also the registered agent on whom service was attempted under subsection (2);
or Page 11 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 (a)(b) TheAfter onlydue diligence, service was attempted on at least one person listed publicly by the domestic limited liability company or registered foreign limited liability company on its latest annual report, as most recently amended, isand alsocannot thebe registeredcompleted agent on whomsuch serviceperson wasunder attemptedsubsection under(3) (1) or subsection (2);(2), the service of process may be served as provided in s.
or (b) After due diligence, service was attempted on at least one person listed publicly by the domestic limited liability company or registered foreign limited liability company on its latest annual report, as most recently amended, and cannot be completed on such person under subsection (3) (1) or subsection (2), the service of process may be served as provided in s.
(5)(4) If the address for the registered agent or any person listed publicly by the domestic limited liability company or registered foreign limited liability company on its latest annual report, as most recently amended, has an address that member, or manager is a residence, a private mailbox, a virtual office, or an executive office or mini suite, service on the domestic limited liability company or registered foreign limited liability company may be made by serving any of the following:
Page(a) 12The of58registered CODING:agent of the domestic limited liability company or registered foreign limited liability company, in accordance with s.
48.031.
(b) Any person listed publicly by the domestic limited liability company or registered foreign limited liability Page 12 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 (a)company Theon registeredits agentlatest ofannual thereport, domesticas limitedmost liabilityrecently companyamended, or registered foreign limited liability company, in accordance with s.
(b) Any person listed publicly by the domestic limited liability company or registered foreign limited liability company on its latest annual report, as most recently amended, in accordance with s.
48.031.
48.071 Service on agents of nonresidents doing business in the state.—When any natural person or partnership not residing or having a principal place of business in this state engages in business in this state, process may be served on the person who is in charge of any business in which the defendant is engaged within this state at the time of service, including agents Pagesoliciting 13orders of58for CODING:goods, wares, merchandise, or services.
Any process so served is as valid as if served personally on the nonresident person or partnership engaging in business in this state in any action against the person or partnership arising out of such business.
A copy of such process with a notice of Page 13 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 solicitingservice orderson forthe goods,person wares,in merchandise,charge of such business must shall be sent forthwith to the nonresident person or services.partnership by registered mail;
Any process so served is as valid as if served personally on the nonresident person or partnership engaging in business in this state in any action against the person or partnership arising out of such business.
A copy of such process with a notice of service on the person in charge of such business must shall be sent forthwith to the nonresident person or partnership by registered mail;
(2) A domestic corporation or a registered foreign corporation may be served with process required or authorized by law by service on its registered agent designated by the Pagecorporation 14under of58chapter CODING:607 or chapter 617, as applicable.
(3) If service cannot be made on a registered agent of the domestic corporation or registered foreign corporation because the domestic corporation or registered foreign corporation ceases to have a registered agent, or if the registered agent of Page 14 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 the domestic corporation underor registered foreign corporation cannot otherwise be served after one good faith attempt because of a failure to comply with this chapter, chapter 607607, or chapter 617, as applicable.applicable, the process may be served on either of the following Process against any private corporation, domestic or foreign, may be served:
(3) If service cannot be made on a registered agent of the domestic corporation or registered foreign corporation because the domestic corporation or registered foreign corporation ceases to have a registered agent, or if the registered agent of the domestic corporation or registered foreign corporation cannot otherwise be served after one good faith attempt because of a failure to comply with this chapter, chapter 607, or chapter 617, as applicable, the process may be served on either of the following Process against any private corporation, domestic or foreign, may be served:
Page(4) 15If, of58after CODING:due diligence, the process cannot be completed under subsection (2) and if either:
(a) The only person listed publicly by the domestic corporation or registered foreign corporation on its latest annual report, as most recently amended, is also the registered Page 15 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 (4)agent If,on afterwhom dueservice diligence,was theattempted process cannot be completed under subsection (2)(2); and if either:
(a) The only person listed publicly by the domestic corporation or registered foreign corporation on its latest annual report, as most recently amended, is also the registered agent on whom service was attempted under subsection (2);
48.091, service of process shall be permitted on any employee at the corporation's principal place of business or on any employee of the registered Pageagent. 16 of58 CODING:
A person attempting to serve process pursuant to this paragraph may serve the process on any employee of the registered agent during the first attempt at service even if the registered agent is temporarily absent from his or her office.
(5)(b) If the address for the registered agent or any Page 16 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 agent.person listed publicly by the domestic corporation or registered foreign corporation on its latest annual report, as most recently amended, has an address that officer, director, or principal place of business is a residence, a private mailbox, a virtual office, or an executive office or mini suite, service on the domestic corporation or registered foreign corporation may be made by serving any of the following:
A person attempting to serve process pursuant to this paragraph may serve the process on any employee of the registered agent during the first attempt at service even if the registered agent is temporarily absent from his or her office.
(5)(b) If the address for the registered agent or any person listed publicly by the domestic corporation or registered foreign corporation on its latest annual report, as most recently amended, officer, director, or principal place of business is a residence, a private mailbox, a virtual office, or an executive office or mini suite, service on the domestic corporation or registered foreign corporation may be made by serving any of the following:
Page(7)(4) 17This of58section CODING:does not apply to service of process on insurance companies.
(5) When a corporation engages in substantial and not isolated activities within this state, or has a business office within the state and is actually engaged in the transaction of Page 17 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 (7)(4)business Thistherefrom, sectionservice doesupon notany applyofficer or business agent while on corporate business within this state may personally be made, pursuant to servicethis section, and it is not necessary in such case that the action, suit, or proceeding against the corporation shall have arisen out of processany ontransaction insuranceor companies.operation connected with or incidental to the business being transacted within the state.
(5) When a corporation engages in substantial and not isolated activities within this state, or has a business office within the state and is actually engaged in the transaction of business therefrom, service upon any officer or business agent while on corporate business within this state may personally be made, pursuant to this section, and it is not necessary in such case that the action, suit, or proceeding against the corporation shall have arisen out of any transaction or operation connected with or incidental to the business being transacted within the state.
(b) "Registered foreign limited liability partnership" or "registered foreign limited partnership" means a foreign limited liability partnership or foreign limited partnership that has an active certificate of authority to transact business in this Pagestate 18pursuant of58to CODING:a record filed with the Department of State.
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hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 state pursuant to a record filed with the Department of State.
registeredPage foreign18 limitedof57 partnership,CODING: including limited liability limited partnerships;
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hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 registered foreign limited partnership, including limited liability limited partnerships;
to 12 noon each day except Saturdays, Sundays, and legal holidays, and shall cause the designated Pageregistered 19agent of58to CODING:keep one or more individuals who are, or are representatives of, the designated registered agents on whom process may be served at the office during these hours.
The corporation shall keep a sign posted in the office in some conspicuous place designating the name of the corporation and Page 19 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 registeredthe agentname toof keepits one or more individuals who are, or are representatives of, the designated registered agentsagent on whom process may be served at the office during these hours.
The corporation shall keep a sign posted in the office in some conspicuous place designating the name of the corporation and the name of its registered agent on whom process may be served at the office during these hours.
48.101 Service on dissolved corporations, dissolved limited liability companies, dissolved limited partnerships, and dissolved limited liability partnerships.— (1) Process against the directors of any corporation that which was dissolved before July 1, 1990, as trustees of the dissolved corporation must shall be served on one or more of the directors of the dissolved corporation as trustees thereof and binds all of the directors of the dissolved corporation as Page 20 of58of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 (1) Process against the directors of any corporation that which was dissolved before July 1, 1990, as trustees of the dissolved corporation must shall be served on one or more of the directors of the dissolved corporation as trustees thereof and binds all of the directors of the dissolved corporation as trustees thereof.
48.062(2), but was not successful, service may then be attempted as required Pageunder 21s. of58 CODING:
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hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 under s.
(c) A party attempting to serve a dissolved domestic limitedPage liability21 companyof57 underCODING: this section may petition the court to appoint one of the persons specified in s.
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hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 limited liability company under this section may petition the court to appoint one of the persons specified in s.
Such other manners of service may include Pageservice 22electronically of58by CODING:e-mail or other technology, by any person authorized to serve process in accordance with this chapter, or by an attorney.
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hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 service electronically by e-mail or other technology by any person authorized to serve process in accordance with this chapter or by an attorney.
The court may authorize other methods of service consistent with the principles of due process.
In suits involving a breach of contract, the court may consider authorizing the parties to effectuate service in the manner provided for in the contractual notice provision of the subject contract.
Subsection (1)(2) of section 48.111,48.151, Florida Statutes, is amended to read:
48.111Page Service22 onof57 publicCODING: agencies and officers.— (1) Process against any municipal corporation, agency, board, or commission, department, or subdivision of the state or any county which has a governing board, council, or commission or which is a body corporate shall be served:
(a) On the registered agent;
or (b) If the municipal corporation, agency, board, or commission, department, or subdivision of the state does not have a registered agent, or if the registered agent cannot otherwise be served after one good faith attempt:
1.(a) On the president, mayor, chair, or other head thereof;
and in the his or her absence of all persons listed in this subparagraph;
2.(b) On the vice president, vice mayor, or vice chair, or in the absence of all persons listed in subparagraph 1.
and this Page 23 of58 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 subparagraph48.151 Service on statutory agents for certain persons.— (2) This section does not apply to substituted service of theprocess above;under s.
3.(c) On any member of the governing board, council, or commission, the manager of the governmental entity, if any, or an in-house attorney for the governmental entity, if any, and in the absence of all the persons listed in subparagraph 1., subparagraph 2., and this subparagraph;
4.
On any employee of the governmental entity at the main office of the governmental entity.
Section 10.
Subsection (2) of section 48.151, Florida Statutes, is amended to read:
48.151 Service on statutory agents for certain persons.— (2) This section does not apply to substituted service of process under s.
Section 11.10.
with a fee of $8.75 with the public officer or in his or her office or by Pagemailing 24the of58copies CODING:by certified mail, return receipt requested;
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hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 mailing the copies by certified mail, return receipt requested;
(2) Notice of service and a copy of the process must shall bePage sent23 forthwithof57 byCODING: the party effectuating service or by such party's attorney by registered mail;
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hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 be sent forthwith by the party effectuating service or by such party's attorney by registered mail;
The party effectuating service shall file proof of service or return receipts showing delivery to the other party by mail or courier and by electronic means, if electronic means were used, unless the party is actively refusing or rejecting Pagethe 25delivery of58of CODING:the notice.
An by the plaintiff or his or her attorney to the defendant, and the defendant's return receipt and the affidavit of compliance of the party effectuating service plaintiff or such party's his or her attorney must of compliance shall be filed within 40 days after on or before the date return day of service on the Secretary of State process or within such additional time as the court allows.
The affidavit of compliance must set forth the facts that justify substituted service under this section and that show due diligence was exercised in attempting to locate and effectuate personal Page 24 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 service on the deliveryparty ofbefore theusing notice.substituted service under this section.
An by the plaintiff or his or her attorney to the defendant, and the defendant's return receipt and the affidavit of compliance of the party effectuating service plaintiff or such party's his or her attorney must of compliance shall be filed within 40 days after on or before the date return day of service on the Secretary of State process or within such additional time as the court allows.
The affidavit of compliance must set forth the facts that justify substituted service under this section and that show due diligence was exercised in attempting to locate and effectuate personal service on the party before using substituted service under this section.
however, a return receipt or other proof showing acceptance of receipt of the notice of service and a, or the notice and copy of the shall be served on the defendant, if found within the state, by an officer authorized to serve legal process by Pagethe 26concealed of58party CODING:need not be filed, or if found without the state, by a sheriff or a deputy sheriff of any county of this state or any duly constituted public officer qualified to serve like process in the state or jurisdiction where the defendant is found.
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hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 the concealed party need not be filed, or if found without the state, by a sheriff or a deputy sheriff of any county of this state or any duly constituted public officer qualified to serve like process in the state or jurisdiction where the defendant is found.
(4)Page The25 partyof57 effectuatingCODING: service is considered to have used due diligence if that party:
(a) Made diligent inquiry and exerted an honest and conscientious effort appropriate to the circumstances to acquire the information necessary to effectuate personal service;
(b) In seeking to effectuate personal service, reasonably employed the knowledge at the party's command, including knowledge obtained pursuant to paragraph (a);
and (c) Made an appropriate number of attempts to serve the party, taking into account the particular circumstances, during such times when and where such party is reasonably likely to be found, as determined through resources reasonably available to the party seeking to secure service of process.
(5)(2) If any individual person on whom service of process is authorized under subsection (1) dies, service may be made in Page 27 of58 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 the(4)(a) sameThe mannerparty oneffectuating hisservice oris herconsidered administrator,to executor,have curator,used ordue personaldiligence representativeif inthat theparty: same manner.
(6)(3)1. This section does not apply to persons on whom service is authorized under s.
Made diligent inquiry and exerted an honest and conscientious effort appropriate to the circumstances to acquire the information necessary to effectuate personal service;
2.
In seeking to effectuate personal service, reasonably employed the knowledge at the party's command, including knowledge obtained pursuant to subparagraph 1.;
and 3.
Made an appropriate number of attempts to serve the party, taking into account the particular circumstances.
(b) In making the determination as to whether the party effectuating service of process on any party who is a natural person used due diligence, there is a rebuttable presumption that the serving party exercised due diligence by making three good faith attempts to serve the other party during such times when and such locations where such party is reasonably likely to be found, as determined through resources reasonably available to the party seeking to secure service of process.
(5)(2) If any individual person on whom service of process is authorized under subsection (1) dies, service may be made in the same manner on his or her administrator, executor, curator, or personal representative in the same manner.
(6)(4) The Secretary of State public officer may designate an individual some other person in his or her office to accept service.
Page 26 of57 CODING:
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hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 (7) Service of process is effectuated under this section on the date the service is received by the Department of State.
(8) The Department of State shall maintain a record of each process served pursuant to this section and record the time of and the action taken regarding the service.
(9)(3) This section does not apply to persons on whom service is authorized under s.
(7)(4)Section The11. Secretary of State public officer may designate an individual some other person in his or her office to accept service.
(8) Service of process is effectuated under this section on the date the service is received by the Department of State.
(9) The Department of State shall maintain a record of each process served pursuant to this section and record the time of and the action taken regarding the service.
Section 12.
(2) The acceptance by any individual person or persons, individually or associated together as a copartnership or any other form or type of association, who is a resident are residents of any other state, territory, or commonwealth, or of any foreign or country, or by any foreign business entity and all foreign corporations, and any person who is a resident of the state and who subsequently becomes a nonresident of the state or conceals his or her whereabouts, of the privilege Page 2827 of58of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 residents of any other state, territory, or commonwealth, or of any foreign or country, or by any foreign business entity and all foreign corporations, and any person who is a resident of the state and who subsequently becomes a nonresident of the state or conceals his or her whereabouts, of the privilege extended by law to nonresidents and others to operate, conduct, engage in, or carry on a business or business venture in this the state, or to have an office or agency in this the state, is deemed to constitute constitutes an appointment by the individual or persons and foreign business entity corporations of the Secretary of State of this the state as its their agent on whom all process in any action or proceeding against the individual or foreign business entity them, or any combination thereof of them, arising out of any transaction or operation connected with or incidental to the business or business venture may be served as substituted service in accordance with this chapter.
(3)(2) If a foreign business entity corporation has registered to do business a resident agent or officer in this the state and has maintained its registration in an active Pagestatus 29or of58otherwise CODING:continued to have a registered agent, personal service of process must first shall be attempted served on the foreign business entity in the manner and order of priority described in this chapter as applicable to the foreign business entity.
If, after due diligence, the party seeking to Page 28 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 statuseffectuate orservice otherwiseof continuedprocess tois haveunable ato registeredeffectuate agent, personal service of process muston firstthe shallregistered beagent attemptedor servedother onofficial theas foreignprovided businessin entitythis inchapter, the mannerparty andmay orderuse ofsubstituted priorityservice describedof inprocess thison chapterthe asSecretary applicableof toState theresident foreignagent businessor entity.officer.
If, after due diligence, the party seeking to effectuate service of process is unable to effectuate service of process on the registered agent or other official as provided in this chapter, the party may use substituted service of process on the Secretary of State resident agent or officer.
(5)(3) Any individual or foreign business entity that person, firm, or corporation which sells, consigns, or leases by any means whatsoever tangible or intangible personal property, through brokers, jobbers, wholesalers, or distributors to any individual person, firm, or corporation, or other business entity in this state is conclusively presumed to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business or Pagebusiness 30venture of58in CODING:this state.
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hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 business venture in this state.
Section 13.12.
48.184Page Service29 ofof57 processCODING: for removal of unknown parties in possession.— (1) This section applies only to actions governed by s.
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hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 48.184 Service of process for removal of unknown parties in possession.— (1) This section applies only to actions governed by s.
The three attempts to obtain service must be made once during business hours, once during nonbusiness Pagehours, 31and of58once CODING:during a weekend.
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hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 hours, and once during a weekend.
If the namePage of30 theof57 occupantCODING: becomes known to the plaintiff through the return of service or otherwise, without notice or hearing thereon, all subsequent proceedings must be conducted under the true name of such occupant and all prior proceedings are deemed amended accordingly.
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hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 name of the occupant becomes known to the plaintiff through the return of service or otherwise, without notice or hearing thereon, all subsequent proceedings must be conducted under the true name of such occupant and all prior proceedings are deemed amended accordingly.
The clerk of the court shall charge such fees for such services as provided by Pagelaw. 32 of58 CODING:
(5) Service is effective on the unknown occupant in possession on the later of the date that personal service is made, the date of attaching the summons and complaint to a conspicuous location on the premises, or upon mailing by the Page 31 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 law.clerk.
(5) Service is effective on the unknown occupant in possession on the later of the date that personal service is made, the date of attaching the summons and complaint to a conspicuous location on the premises, or upon mailing by the clerk.
Section 14.13.
48.194 Personal service in another outside state, territory, or commonwealth of the United States.— (1) Except as otherwise provided herein, service of process on a party in another persons outside of this state, territory, or commonwealth of the United States must shall be made in the same manner as service within this state by any person authorized to serve process in the state where service Pageshall 33be of58made CODING:the person is served.
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hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 shall be made the person is served.
48.21, or any other competent evidence, mustshall be filed with the court stating the time, manner, and place of service.
The court may consider such evidence in determining whetherPage service32 hasof57 beenCODING: properly made.
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hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 whether service has been properly made.
(c) Service under this subsection is deemed shall be Pageconsidered 34obtained of58upon CODING:the signing of the return receipt by the person allowed to be served by law.
Section 14.
Subsection (15) of section 49.011, Florida Statutes, is amended to read:
49.011 Service of process by publication;
cases in which Page 33 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 consideredallowed.—Service obtainedof uponprocess theby signingpublication ofmay thebe returnmade receiptin byany thecourt personon allowedany toparty beidentified servedin bys. law.
49.021 in any action or proceeding:
(15) To determine paternity, but only as to:
(a) The legal father in a paternity action in which another man is alleged to be the biological father, in which case it is necessary to serve process on the legal father in order to establish paternity with regard to the alleged biological father;
or (b) The legal mother when there is no legal father.
1.Page 34 of57 CODING:
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hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 1.
or Pageb. 35 of58 CODING:
WordsUsing strickenareany deletions;form of mail which the clerk addresses and sends to the party and which requires a signed receipt.
words underlined are additions.
hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 b.
Using any form of mail that the clerk addresses and sends to the party and which requires a signed receipt.
SubsectionEffective (15)upon this act becoming a law, subsection (2), paragraph (a) of subsection (3), and subsection (4) of section 49.011,766.106, Florida Statutes, isare amended to read:
49.011 Service of process by publication;
cases in which allowed.—Service of process by publication may be made in any court on any party identified in s.
49.021 in any action or proceeding:
(15) To determine paternity, but only as to:
(a) The legal father in a paternity action in which another man is alleged to be the biological father, in which case it is necessary to serve process on the legal father in order to establish paternity with regard to the alleged biological father;
or (b) The legal mother when there is no legal father.
Section 17.
Effective upon this act becoming a law, Page 36 of58 CODING:
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hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 subsection (2), paragraph (a) of subsection (3), and subsection (4) of section 766.106, Florida Statutes, are amended to read:
review.— (2)Page PRESUIT35 NOTICE.—of57 (a)CODING: After completion of presuit investigation pursuant to s.
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hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 (2) PRESUIT NOTICE.— (a) After completion of presuit investigation pursuant to s.
If service is challenged during subsequent litigation, thean courtevidentiary hearing must conductbe anheld evidentiaryby hearingthe court to determine Pagewhether 37the of58prospective CODING:defendant or a person legally related to the prospective defendant was provided notice pursuant to this subsection and, if so, the date of such service.
If service is challenged under this subparagraph, it must be challenged in the first response to the complaint, and if:
Page 36 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 whethera. the prospective defendant or a person legally related to the prospective defendant was provided notice pursuant to this subsection and, if so, the date of such service.
If service is challenged under this subparagraph, it must be challenged in the first response to the complaint, and if:
a.
The prospective defendant proves by the greater weight of the evidence that neither the prospective defendant nor a person legally related to the prospective defendant at the time of service knew or should have known of the service, the court mustshall stay the case for a presuit investigation period pursuant to s.
766.106 and the statute of limitations and statute of repose mustshall be tolled from the time service was properly made at the prospective defendant's address as listed on the state licensing agency website or an address on file with the Secretary of State.
(c) Notice to each prospective defendant must include, if available, a list of all known health care providers seen by the claimant for the injuries complained of subsequent to the alleged act of negligence, all known health care providers during the 2-year period before prior to the alleged act of Page 3837 of58of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 (c) Notice to each prospective defendant must include, if available, a list of all known health care providers seen by the claimant for the injuries complained of subsequent to the alleged act of negligence, all known health care providers during the 2-year period before prior to the alleged act of negligence who treated or evaluated the claimant, copies of all of the medical records relied upon by the expert in signing the affidavit, and the executed authorization form provided in s.
456.073 applies apply and, for a licensed facility, the provisions of part I of chapter 395 Pageapplies 39apply. of58 CODING:
(3) PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT.— (a) A no suit may not be filed for a period of 90 days after notice is delivered mailed to any prospective defendant.
During the 90-day period, the prospective defendant or the Page 38 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 appliesprospective apply.defendant's insurer or self-insurer shall conduct a review as provided in s.
(3) PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT.— (a) A no suit may not be filed for a period of 90 days after notice is delivered mailed to any prospective defendant.
During the 90-day period, the prospective defendant or the prospective defendant's insurer or self-insurer shall conduct a review as provided in s.
999 Each insurer or self-insurer shall investigate the claim in good faith, and both the claimant and prospective defendant shall Pagecooperate 40with of58the CODING:insurer in good faith.
If the insurer requires, a claimant must shall appear before a pretrial screening panel or before a medical review committee and shall submit to a physical examination, if required.
Unreasonable failure of any party to comply with this section justifies Page 39 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 cooperatedismissal withof theclaims insureror indefenses. good faith.
If the insurer requires, a claimant must shall appear before a pretrial screening panel or before a medical review committee and shall submit to a physical examination, if required.
Unreasonable failure of any party to comply with this section justifies dismissal of claims or defenses.
If the notice of intent to initiate litigation is served by a process serverserver, as provided in subparagraph (2)(a)4., the statute of limitations is tolled upon the process server's first attempt to serve the prospective defendant and continues during the 90-day period as to all prospective defendants.
Upon receiving notice of termination of negotiations in an extended period, the claimant shall have 60 days or the remainder of the period of the statute Pageof 41limitations, of58whichever CODING:is greater, within which to file suit.
As used in this section, the terms "prospective" and "potential" are interchangeable as synonyms.
Section 17.
Section 495.145, Florida Statutes, is amended to read:
Page 40 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 495.145 Forum for actions regarding registration.—An action seeking cancellation of limitations,a whicheverregistration isof greater,a withinmark whichregistered tounder filethis suit.chapter may be brought in any court of competent jurisdiction in this state.
As used in this section, the terms "prospective" and "potential" are interchangeable.
Section 18.
Section 495.145, Florida Statutes, is amended to read:
495.145 Forum for actions regarding registration.—An action seeking cancellation of a registration of a mark registered under this chapter may be brought in any court of competent jurisdiction in this state.
Section 19.18.
(2) If a limited liability company or registered foreign limited liability company ceases to have a registered agent or if its registered agent cannot with reasonable diligence be served, the process required or permitted by law may instead be Pageserved: 42 of58 CODING:
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hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 served:
(3)Page If41 theof57 processCODING: cannot be served on a limited liability company or registered foreign limited liability company pursuant to subsection (1) or subsection (2), the process may be served on the secretary of state as an agent of the company.
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hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 (3) If the process cannot be served on a limited liability company or registered foreign limited liability company pursuant to subsection (1) or subsection (2), the process may be served on the secretary of state as an agent of the company.
to the registered agent of the limited liability company or registered foreign limited liability company at the Pageregistered 43office of58of CODING:the limited liability company or registered foreign limited liability company in this state;
or to any other address in this state which that is in fact the principal office of the limited liability company or registered foreign limited liability company in this state.
Page 42 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 (3) A registered officeseries of thea foreign series limited liability company ormay registeredbe foreignserved limitedin liabilitythe companysame inmanner thisas state;a registered limited liability company.
or to any other address in this state which that is in fact the principal office of the limited liability company or registered foreign limited liability company in this state.
(3) A registered series of a foreign series limited liability company may be served in the same manner as a registered limited liability company.
Section 20.19.
Section 21.20.
605.0910 Withdrawal and cancellation of certificate of authority.— Page(1) 44To of58cancel CODING:its certificate of authority to transact business in this state, a foreign limited liability company must deliver to the department for filing a notice of withdrawal of certificate of authority.
The certificate of authority is canceled when the notice becomes effective pursuant to s.
Page 43 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 (1)605.0207. To cancel its certificate of authority to transact business in this state, a foreign limited liability company must deliver to the department for filing a notice of withdrawal of certificate of authority.
The certificate of authority is canceled when the notice becomes effective pursuant to s.
605.0207.
Section 22.21.
(f) If the converted entity is a foreign entity that does not have a certificate of authority to transact business in this state, a mailing address and an e-mail address to which a party seeking to effectuate service of process the department may send any process served on the Secretary of State department pursuant Page 4544 of58of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 (f) If the converted entity is a foreign entity that does not have a certificate of authority to transact business in this state, a mailing address and an e-mail address to which a party seeking to effectuate service of process the department may send any process served on the Secretary of State department pursuant to s.
Section 23.22.
Page(5) 46Service of58is CODING:effectuated under subsection (3) on the date shown as received by the department.
(6) The department shall keep a record of each process served on the secretary of state pursuant to this subsection and record the time of and the action taken regarding the service.
Page 45 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 (5)(2)(7) ServiceAny isnotice effectuatedor demand on a corporation under subsectionthis (3)chapter onmay be given or made to the datechair shownof asthe receivedboard, bythe president, any vice president, the department.secretary, or the treasurer of the corporation;
(6) The department shall keep a record of each process served on the secretary of state pursuant to this subsection and record the time of and the action taken regarding the service.
(2)(7) Any notice or demand on a corporation under this chapter may be given or made to the chair of the board, the president, any vice president, the secretary, or the treasurer of the corporation;
Section 24.23.
Section 25.24.
Page607.15101 47Serving of58Service CODING:of process, giving notice, or making a demand on a foreign corporation.— (1) A foreign corporation may be served with process required or authorized by law in accordance with s.
48.081 and chapter 48 or chapter 49 by serving on its registered agent.
Page 46 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 607.15101(2) ServingIf Servicea offoreign process,corporation givingceases notice,to orhave making a demandregistered onagent aor foreignif corporation.—its (1)registered Aagent foreigncannot corporationwith mayreasonable diligence be servedserved, withthe process required or authorizedpermitted by law inmay accordanceinstead withbe s.served on the chair of the board, the president, any vice president, the secretary, or the treasurer of the foreign corporation at the principal office of the foreign corporation in this state.
48.081 and chapter 48 or chapter 49 by serving on its registered agent.
(2) If a foreign corporation ceases to have a registered agent or if its registered agent cannot with reasonable diligence be served, the process required or permitted by law may instead be served on the chair of the board, the president, any vice president, the secretary, or the treasurer of the foreign corporation at the principal office of the foreign corporation in this state.
(2)(7) Any notice or demand on a foreign corporation under Pagethis 48chapter of58may CODING:be given or made:
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hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 this chapter may be given or made:
or to any other address in this state whichPage that47 isof57 inCODING: fact the principal office of the foreign corporation in this state.
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words underlined are additions.
hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 which that is in fact the principal office of the foreign corporation in this state.
Section 26.25.
(f) A mailing address and an e-mail address to which a party seeking to effectuate service of process the secretary of state may send mail a copy of any process served on the PageSecretary 49of of58State CODING:under paragraph (e).
(g) A commitment to notify the department in the future of any change in its mailing address or e-mail address.
(2) After the withdrawal of the foreign corporation is effective, service of process on the Secretary of State using Page 48 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 Secretarythe ofprocedures Statein unders. paragraph (e).
(g) A commitment to notify the department in the future of any change in its mailing address or e-mail address.
(2) After the withdrawal of the foreign corporation is effective, service of process on the Secretary of State using the procedures in s.
Section 27.26.
Section 28.27.
48.081 and chapter 48 or chapter 49 The Pageregistered 50agent of58of CODING:a foreign corporation authorized to conduct its affairs in this state is the corporation's agent for service of process, notice, or demand required or permitted by law to be served on the foreign corporation.
(2) A foreign corporation may be served by registered or Page 49 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 registeredcertified agentmail, ofreturn areceipt foreignrequested, corporationaddressed authorized to conductthe itssecretary affairsof inthe thisforeign statecorporation isat theits corporation'sprincipal agentoffice forshown servicein ofits process,application notice,for ora demandcertificate requiredof authority or permittedin byits lawmost torecent beannual servedreport onif the foreign corporation.corporation:
(2) A foreign corporation may be served by registered or certified mail, return receipt requested, addressed to the secretary of the foreign corporation at its principal office shown in its application for a certificate of authority or in its most recent annual report if the foreign corporation:
(4) This section does not prescribe the only means, or necessarily the required means, of serving a foreign Pagecorporation. 51 of58 CODING:
Process against any foreign corporation may also be served in accordance with chapter 48 or chapter 49.
(2)(5) Any notice to or demand on a foreign corporation made pursuant to this act may be made in accordance with the procedures for notice to or demand on domestic corporations Page 50 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 corporation.under s.
Process against any foreign corporation may also be served in accordance with chapter 48 or chapter 49.
(2)(5) Any notice to or demand on a foreign corporation made pursuant to this act may be made in accordance with the procedures for notice to or demand on domestic corporations under s.
Section 29.28.
Page(d) 52A of58mailing CODING:address and an e-mail address to which a party seeking to effectuate service of process the Department of State may send mail a copy of any process served on it under paragraph (c).;
and (e) A commitment to notify the Department of State in the Page 51 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 (d)future A mailing address and an e-mail address to which a party seeking to effectuate service of process the Department of State may send mail a copy of any processchange servedin onits itmailing underaddress paragraphor (c).;e-mail address.
and (e) A commitment to notify the Department of State in the future of any change in its mailing address or e-mail address.
Section 30.29.
48.061 and chapter 48 or chapter 49 A registered agent appointed by a limited partnership or foreign limited partnership is an agent of the limited partnership or foreign limited partnership for service of any process, notice, or demand required or permitted by law to be served upon the limited partnership or foreign Pagelimited 53partnership. of58 CODING:
(2) Any notice or demand on a limited partnership or foreign limited partnership under this chapter may be given or made to any general partner of the limited partnership or foreign limited partnership, to the registered agent of the Page 52 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 limited partnership.partnership or foreign limited partnership at the registered office in this state, or to any other address in this state which is in fact the principal office of the limited partnership or foreign limited partnership in this state If a limited partnership or foreign limited partnership does not appoint or maintain a registered agent in this state or the registered agent cannot with reasonable diligence be found at the address of the registered office, the Department of State shall be an agent of the limited partnership or foreign limited partnership upon whom process, notice, or demand may be served.
(2) Any notice or demand on a limited partnership or foreign limited partnership under this chapter may be given or made to any general partner of the limited partnership or foreign limited partnership, to the registered agent of the limited partnership or foreign limited partnership at the registered office in this state, or to any other address in this state which is in fact the principal office of the limited partnership or foreign limited partnership in this state If a limited partnership or foreign limited partnership does not appoint or maintain a registered agent in this state or the registered agent cannot with reasonable diligence be found at the address of the registered office, the Department of State shall be an agent of the limited partnership or foreign limited partnership upon whom process, notice, or demand may be served.
(3)(6) This section does not affect the right to serve Pageprocess, 54give of58notice, CODING:or make a demand in any other manner provided by law.
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hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 process, give notice, or make a demand in any other manner provided by law.
Section 31.
effect ofPage failure53 toof57 haveCODING: certificate.— (5) If a foreign limited partnership transacts business in this state without a certificate of authority or cancels its certificate of authority, it may be served under s.
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words underlined are additions.
hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 of failure to have certificate.— (5) If a foreign limited partnership transacts business in this state without a certificate of authority or cancels its certificate of authority, it may be served under s.
Section 32.31.
A converted organization that is a foreign organization and not authorized to transact business in this state appoints the Secretary of State Department of State as its agent for service of process for purposes of enforcing an obligation under this subsection and any appraisal rights of limited partners under Pagess. 55 of58 CODING:
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hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 ss.
(4)Page A54 copyof57 ofCODING: the statement of conversion, certified by the Secretary of State Department of State, may be filed in any county of this state in which the converting organization holds an interest in real property.
SectionWords 33.strickenare deletions;
words underlined are additions.
hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 (4) A copy of the statement of conversion, certified by the Secretary of State Department of State, may be filed in any county of this state in which the converting organization holds an interest in real property.
Section 32.
Service on the Secretary of State Department of State under this subsection is made in the same manner and with the same Pageconsequences 56as of58in CODING:ss.
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words underlined are additions.
hb0545-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545 2022 consequences as in ss.
Section 34.33.
620.8915 Effect of conversion.— (3)Page A55 convertedof57 organizationCODING: that is a foreign organization consents to the jurisdiction of the courts of this state to enforce any obligation owed by the converting partnership, if before the conversion the converting partnership was subject to suit in this state on the obligation.
Words strickenare deletions;
words underlined are additions.
hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB545 2022 (3) A converted organization that is a foreign organization consents to the jurisdiction of the courts of this state to enforce any obligation owed by the converting partnership, if before the conversion the converting partnership was subject to suit in this state on the obligation.
Section 35.34.
620.8919 Effect of merger.— (2) A surviving organization that is a foreign Pageorganization 57consents of58to CODING:the jurisdiction of the courts of this state to enforce any obligation owed by a constituent organization, if before the merger the constituent organization was subject to suit in this state on the obligation.
A surviving organization that is a foreign organization and not authorized Page 56 of57 CODING:
hb0545-02-c2hb0545-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB545CS/HB545 2022 organization consents to thetransact jurisdictionbusiness ofin the courts of this state toshall enforceappoint anythe obligationSecretary owedof byState aDepartment constituentof organization,State ifas beforeits theagent mergerfor theservice constituentof organizationprocess waspursuant subject to suits. in this state on the obligation.
A surviving organization that is a foreign organization and not authorized to transact business in this state shall appoint the Secretary of State Department of State as its agent for service of process pursuant to s.
Section 36.35.
Page 5857 of58of57 CODING:
hb0545-02-c2hb0545-01-c1
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View plain text versions (3)
- H 545 c1 View text pdf
- H 545 c2 View text Current pdf
- Introduced H 545 Filed pdf
Action History
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Laid on Table; companion bill(s) passed, see CS/CS/SB 1062 (Ch. 2022-190)
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Substituted CS/CS/SB 1062
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Bill added to Special Order Calendar (3/3/2022)
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Added to Second Reading Calendar
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Bill referred to House Calendar
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1st Reading (Committee Substitute 2)
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CS Filed
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Laid on Table under Rule 7.18(a)
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Reported out of Judiciary Committee
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Favorable with CS by Judiciary Committee
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Added to Judiciary Committee agenda
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Now in Judiciary Committee
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Reported out of Regulatory Reform Subcommittee
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Favorable by Regulatory Reform Subcommittee
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1st Reading (Committee Substitute 1)
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Added to Regulatory Reform Subcommittee agenda
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Now in Regulatory Reform Subcommittee
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Referred to Judiciary Committee
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Referred to Regulatory Reform Subcommittee
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CS Filed
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Laid on Table under Rule 7.18(a)
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Reported out of Civil Justice & Property Rights Subcommittee
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Favorable with CS by Civil Justice & Property Rights Subcommittee
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1st Reading (Original Filed Version)
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Added to Civil Justice & Property Rights Subcommittee agenda
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Now in Civil Justice & Property Rights Subcommittee
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Referred to Judiciary Committee
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Referred to Regulatory Reform Subcommittee
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Referred to Civil Justice & Property Rights Subcommittee
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Filed
Sponsors
- Judiciary Committee · Primary
- Civil Justice and Property Rights Subcommittee · Primary
- Beltran · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 0 co-sponsors · 161 not signed on
Sponsors (3)
- Judiciary Committee
- Civil Justice and Property Rights Subcommittee
- Beltran
Co-sponsors (0)
None.
Not signed on (161)
161 members have not signed on to this bill.
Show all 161 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Republican | 5 | 0 | 0 | 2 |
| Democrat | 4 | 0 | 0 | 0 |
| Total | 17 | 0 | 0 | 3 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Alexander | — | Yea |
| Beltran | — | Yea |
| Byrd | — | Yea |
| Diamond | — | Yea |
| Fernandez-Barquin | — | Yea |
| Fetterhoff | — | Yea |
| Grieco | — | Not Voting |
| Learned | — | Yea |
| Roach | — | Yea |
| Driskell, Fentrice | Democrat | Yea |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Hart-Lowman, Dianne "Ms Dee" | Democrat | Yea |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| Busatta, Demi | Republican | Not Voting |
| Duggan, Wyman | Republican | Not Voting |
| Grall, Erin | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Salzman, Michelle | Republican | Yea |
| Snyder, John | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 0 |
| Democrat | 4 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 1 |
| Total | 17 | 0 | 0 | 1 |
| % of votes cast | 94% | 0% | 0% | 6% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Beltran | — | Yea |
| Goff-Marcil | — | Yea |
| Grieco | — | Yea |
| Harding | — | Yea |
| Mariano | — | Yea |
| Omphroy | — | Yea |
| Rommel | — | Yea |
| Toledo | — | Yea |
| Daley, Dan | Democrat | Yea |
| Eskamani, Dr. Anna V. | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Nixon, Angela "Angie" | Democrat | Yea |
| Giallombardo, Mike | Republican | Yea |
| Maggard, Randall Scott "Randy" | Republican | Yea |
| McFarland, Fiona | Republican | Yea |
| Overdorf, Tobin Rogers "Toby" | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Not Voting |
| Robinson Jr., William Cloud "Will" | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 1 |
| Democrat | 4 | 0 | 0 | 1 |
| Total | 16 | 0 | 0 | 2 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Aloupis | — | Yea |
| Beltran | — | Yea |
| Diamond | — | Yea |
| Fernandez-Barquin | — | Yea |
| Hawkins | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Eskamani, Dr. Anna V. | Democrat | Yea |
| Gottlieb, Michael "Mike" | Democrat | Not Voting |
| Gregory, Emily | Democrat | Yea |
| Hinson, Yvonne Hayes | Democrat | Yea |
| Smith, Carlos Guillermo | Democrat | Yea |
| Botana, Adam | Republican | Yea |
| Buchanan, James | Republican | Yea |
| Duggan, Wyman | Republican | Yea |
| Garrison, Sam | Republican | Yea |
| Robinson Jr., William Cloud "Will" | Republican | Yea |
| Salzman, Michelle | Republican | Not Voting |
| Truenow, Keith L. | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 545 do?
- Service of Process; Revises provisions relating to procedures for service on various types of business entities, service outside state & in foreign country, & presuit notice before filing medical negligence complaint.
- Who sponsors HB 545?
- HB 545 is sponsored by Judiciary Committee, Civil Justice and Property Rights Subcommittee, and Beltran.
- What is the current status of HB 545?
- This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 545?
- Track HB 545 free on One Click Politics — get push/email alerts when it moves.
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