Florida 2022 Regular Session Status: In Committee

HB 545 — Service of Process

Last action — Laid on Table; companion bill(s) passed, see CS/CS/SB 1062 (Ch. 2022-190)

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed

1549 line(s) added, 1582 removed.

→
Previous
Latest
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 A bill to be entitled An act relating to service of process;
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 A bill to be entitled An act relating to service of process;
providing for service on Page 1of 58 CODING:
providing for service on Page 1of 57 CODING:
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 dissolved corporations, dissolved limited liability companies, dissolved limited partnerships, and dissolved limited liability partnerships;
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 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 Department of State to maintain certain records;
requiring the department to maintain certain records;
providing for service of process for removal of unknown parties Page 2of 58 CODING:
providing for service of process for removal of unknown parties in possession of real property;
Words strickenare deletions;
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 outside the United States;
deleting provisions relating to service Page 2of 57 CODING:
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 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;
Page 3of 58 CODING:
Be It Enacted by the Legislature of the State of Florida:
Words strickenare deletions;
Section 1.
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 Be It Enacted by the Legislature of the State of Florida:
78 Section 1.
electronic receipt and transmission of records;
Page 3of 57 CODING:
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 electronic receipt and transmission of records;
Page 4of 58 CODING:
Section 2.
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-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 Section 2.
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 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.
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 Page 5of 58 CODING:
(2)(a) Process against a domestic limited liability partnership must first be served on the then-current registered agent for service 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.
Page 5of 57 CODING:
Show all 407 changed rows (367 more)
Previous
Latest
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 agent for service 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.
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 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.
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 Page 6of 58 CODING:
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 specified 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.
Page 6of 57 CODING:
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 specified 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.
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.
2.
Page 7of 58 CODING:
(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.
Words strickenare deletions;
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) 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) Process against a foreign limited partnership that was required to comply with s.
Page 7of 57 CODING:
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 (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 Page 8of 58 CODING:
(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 served on each 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-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 on each individual member of the partnership.
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 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.
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.
Page 9of 58 CODING:
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 57 CODING:
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 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.
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 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 Page 10 of58 CODING:
(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 or chapter 605 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-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 or chapter 605 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:
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 (a) Any manager of a manager-managed domestic limited liability company or registered foreign limited liability company.
(a) Any manager of a manager-managed domestic limited liability company or registered foreign limited liability company.
Page 11 of58 CODING:
(a) The only 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-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 (a) The only 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);
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 (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.
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, 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:
(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 12 of58 CODING:
(a) The registered 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-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 (a) The registered agent of the domestic limited liability company or registered foreign limited liability company, in accordance with s.
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 company on its latest annual report, as most recently amended, 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 Page 13 of58 CODING:
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 soliciting orders for 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-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 soliciting orders for goods, wares, merchandise, or services.
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 service on the person in charge of such business must shall be sent forthwith to the nonresident person or 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 Page 14 of58 CODING:
(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 corporation under chapter 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-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 corporation under chapter 607 or chapter 617, as applicable.
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 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:
(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 15 of58 CODING:
(4) If, after 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-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 (4) If, after due diligence, the process cannot be completed under subsection (2) and if either:
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 agent on whom service was attempted under subsection (2);
(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 Page 16 of58 CODING:
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 agent.
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-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 agent.
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 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 17 of58 CODING:
(7)(4) This section 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-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 (7)(4) This section does not apply to service of process on insurance companies.
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 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.
(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 Page 18 of58 CODING:
(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 state pursuant to a record filed with the Department of State.
Words strickenare deletions;
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 state pursuant to a record filed with the Department of State.
registered foreign limited partnership, including limited liability limited partnerships;
Page 18 of57 CODING:
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 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 Page 19 of58 CODING:
to 12 noon each day except Saturdays, Sundays, and legal holidays, and shall cause the designated registered agent to 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-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 registered agent to 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.
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 the name of its registered agent 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.— Page 20 of58 CODING:
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 of57 CODING:
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 (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.
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 trustees thereof.
48.062(2), but was not successful, service may then be attempted as required Page 21 of58 CODING:
48.062(2), but was not successful, service may then be attempted as required under s.
Words strickenare deletions;
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 under s.
(c) A party attempting to serve a dissolved domestic limited liability company under this section may petition the court to appoint one of the persons specified in s.
(c) A party attempting to serve a dissolved domestic Page 21 of57 CODING:
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 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 Page 22 of58 CODING:
Such other manners of service may include service electronically by e-mail or other technology, by any person authorized to serve process in accordance with this chapter, or by an attorney.
Words strickenare deletions;
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 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) of section 48.111, Florida Statutes, is amended to read:
Subsection (2) of section 48.151, Florida Statutes, is amended to read:
48.111 Service on public 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:
Page 22 of57 CODING:
(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-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 subparagraph of the above;
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 48.151 Service on statutory agents for certain persons.— (2) This section does not apply to substituted service of process 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.
Section 10.
with a fee of $8.75 with the public officer or in his or her office or by Page 24 of58 CODING:
with a fee of $8.75 with the public officer or in his or her office or by mailing the copies by certified mail, return receipt requested;
Words strickenare deletions;
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 mailing the copies by certified mail, return receipt requested;
(2) Notice of service and a copy of the process must shall be sent forthwith by the party effectuating service or by such party's attorney by registered mail;
(2) Notice of service and a copy of the process must shall Page 23 of57 CODING:
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 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 Page 25 of58 CODING:
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 the delivery of 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-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 delivery of the notice.
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 service on the party before using 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 Page 26 of58 CODING:
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 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.
Words strickenare deletions;
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 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) The party effectuating service is considered to have used due diligence if that party:
Page 25 of57 CODING:
(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-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 same manner on his or her administrator, executor, curator, or personal representative in the same manner.
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) The party effectuating service is considered to have used due diligence if that party:
(6)(3) This section does not apply to persons on whom service is authorized under s.
1.
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:
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 (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) The Secretary of State public officer may designate an individual some other person in his or her office to accept service.
Section 11.
(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 Page 28 of58 CODING:
(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 27 of57 CODING:
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 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.
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 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 Page 29 of58 CODING:
(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 status or otherwise 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-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 status or otherwise 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.
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 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.
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 Page 30 of58 CODING:
(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 business venture in this state.
Words strickenare deletions;
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 business venture in this state.
Section 13.
Section 12.
48.184 Service of process for removal of unknown parties in possession.— (1) This section applies only to actions governed by s.
Page 29 of57 CODING:
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 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 Page 31 of58 CODING:
The three attempts to obtain service must be made once during business hours, once during nonbusiness hours, and once during a weekend.
Words strickenare deletions;
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 hours, and once during a weekend.
If the 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.
If the Page 30 of57 CODING:
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 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 Page 32 of58 CODING:
The clerk of the court shall charge such fees for such services as provided by law.
(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-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 law.
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 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.
Section 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 Page 33 of58 CODING:
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 shall be made the person is served.
Words strickenare deletions;
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 shall be made the person is served.
48.21, or any other competent evidence, must be filed with the court stating the time, manner, and place of service.
48.21, or any other competent evidence, shall be filed with the court stating the time, manner, and place of service.
The court may consider such evidence in determining whether service has been properly made.
The court may consider such evidence in determining Page 32 of57 CODING:
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 whether service has been properly made.
(c) Service under this subsection is deemed shall be Page 34 of58 CODING:
(c) Service under this subsection is deemed shall be considered obtained upon 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-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 considered obtained upon the signing of the return receipt by the person allowed to be served by law.
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 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.
1.
Page 34 of57 CODING:
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 1.
or Page 35 of58 CODING:
or b.
Words strickenare deletions;
Using any 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.
Subsection (15) of section 49.011, Florida Statutes, is amended to read:
Effective upon this act becoming a law, subsection (2), paragraph (a) of subsection (3), and subsection (4) of section 766.106, Florida Statutes, are 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:
Words strickenare deletions;
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 subsection (2), paragraph (a) of subsection (3), and subsection (4) of section 766.106, Florida Statutes, are amended to read:
review.— (2) PRESUIT NOTICE.— (a) After completion of presuit investigation pursuant to s.
review.— Page 35 of57 CODING:
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 (2) PRESUIT NOTICE.— (a) After completion of presuit investigation pursuant to s.
If service is challenged during subsequent litigation, the court must conduct an evidentiary hearing to determine Page 37 of58 CODING:
If service is challenged during subsequent litigation, an evidentiary hearing must be held by the court to determine whether 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:
Page 36 of57 CODING:
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 whether 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.
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 a.
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 must stay the case for a presuit investigation period pursuant to s.
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 shall stay the case for a presuit investigation period pursuant to s.
766.106 and the statute of limitations and statute of repose must 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.
766.106 and the statute of limitations and statute of repose shall 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.
Page 38 of58 CODING:
(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 37 of57 CODING:
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 (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.
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 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 Page 39 of58 CODING:
456.073 applies apply and, for a licensed facility, the provisions of part I of chapter 395 applies apply.
(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-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 applies apply.
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 prospective 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 Page 40 of58 CODING:
Each insurer or self-insurer shall investigate the claim in good faith, and both the claimant and prospective defendant shall cooperate with the 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-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 cooperate with the insurer in good faith.
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 dismissal of claims or defenses.
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 server 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.
If the notice of intent to initiate litigation is served by a process server, 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 Page 41 of58 CODING:
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 of limitations, whichever 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-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 of limitations, whichever is greater, within which to file suit.
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 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.
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.
Section 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 Page 42 of58 CODING:
(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 served:
Words strickenare deletions;
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 served:
(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.
Page 41 of57 CODING:
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) 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 Page 43 of58 CODING:
to the registered agent of the limited liability company or registered foreign limited liability company at the registered office of 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-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 registered office of the limited liability company or registered foreign limited liability company in this state;
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 registered series of a foreign series limited liability company may be served in the same manner as 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.
Section 19.
Section 21.
Section 20.
605.0910 Withdrawal and cancellation of certificate of authority.— Page 44 of58 CODING:
605.0910 Withdrawal and cancellation of certificate of authority.— (1) 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.
Page 43 of57 CODING:
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 (1) 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.
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 605.0207.
The certificate of authority is canceled when the notice becomes effective pursuant to s.
605.0207.
Section 22.
Section 21.
Page 45 of58 CODING:
(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 44 of57 CODING:
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 (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.
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 to s.
Section 23.
Section 22.
Page 46 of58 CODING:
(5) Service is 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-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 (5) Service is effectuated under subsection (3) on the date shown as received by the department.
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)(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;
(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.
Section 23.
Section 25.
Section 24.
Page 47 of58 CODING:
607.15101 Serving Service 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-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 607.15101 Serving Service 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.
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) 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.
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 Page 48 of58 CODING:
(2)(7) Any notice or demand on a foreign corporation under this chapter may be given or made:
Words strickenare deletions;
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 this chapter may be given or made:
or to any other address in this state which that is in fact the principal office of the foreign corporation in this state.
or to any other address in this state Page 47 of57 CODING:
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 which that is in fact the principal office of the foreign corporation in this state.
Section 26.
Section 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 Page 49 of58 CODING:
(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 Secretary of State 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-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 Secretary of State under paragraph (e).
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 the procedures in s.
(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.
Section 26.
Section 28.
Section 27.
48.081 and chapter 48 or chapter 49 The Page 50 of58 CODING:
48.081 and chapter 48 or chapter 49 The registered agent of 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-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 registered agent of 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.
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 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:
(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 Page 51 of58 CODING:
(4) This section does not prescribe the only means, or necessarily the required means, of serving a foreign corporation.
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-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 corporation.
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 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.
Section 28.
Page 52 of58 CODING:
(d) 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 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-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 (d) 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 process served on it under paragraph (c).;
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 future of any change in its mailing address or 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.
Section 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 Page 53 of58 CODING:
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 limited partnership.
(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-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 limited partnership.
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 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 Page 54 of58 CODING:
(3)(6) This section does not affect the right to serve process, give notice, or make a demand in any other manner provided by law.
Words strickenare deletions;
Section 30.
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 process, give notice, or make a demand in any other manner provided by law.
Section 31.
effect 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.
effect Page 53 of57 CODING:
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 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.
Section 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 Page 55 of58 CODING:
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 ss.
Words strickenare deletions;
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 ss.
(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.
Page 54 of57 CODING:
Section 33.
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 (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 Page 56 of58 CODING:
Service on the Secretary of State Department of State under this subsection is made in the same manner and with the same consequences as in ss.
Words strickenare deletions;
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.
Section 33.
620.8915 Effect of conversion.— (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.
620.8915 Effect of conversion.— Page 55 of57 CODING:
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.
Section 34.
620.8919 Effect of merger.— (2) A surviving organization that is a foreign Page 57 of58 CODING:
620.8919 Effect of merger.— (2) A surviving organization that is a foreign organization consents to 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-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 organization consents to 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.
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 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.
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.
Section 35.
Page 58 of58 CODING:
Page 57 of57 CODING:
hb0545-02-c2
hb0545-01-c1
View plain text versions (3)

Action History

  1. Laid on Table; companion bill(s) passed, see CS/CS/SB 1062 (Ch. 2022-190)

  2. Substituted CS/CS/SB 1062

  3. Bill added to Special Order Calendar (3/3/2022)

  4. Added to Second Reading Calendar

  5. Bill referred to House Calendar

  6. 1st Reading (Committee Substitute 2)

  7. CS Filed

  8. Laid on Table under Rule 7.18(a)

  9. Reported out of Judiciary Committee

  10. Favorable with CS by Judiciary Committee

  11. Added to Judiciary Committee agenda

  12. Now in Judiciary Committee

  13. Reported out of Regulatory Reform Subcommittee

  14. Favorable by Regulatory Reform Subcommittee

  15. 1st Reading (Committee Substitute 1)

  16. Added to Regulatory Reform Subcommittee agenda

  17. Now in Regulatory Reform Subcommittee

  18. Referred to Judiciary Committee

  19. Referred to Regulatory Reform Subcommittee

  20. CS Filed

  21. Laid on Table under Rule 7.18(a)

  22. Reported out of Civil Justice & Property Rights Subcommittee

  23. Favorable with CS by Civil Justice & Property Rights Subcommittee

  24. 1st Reading (Original Filed Version)

  25. Added to Civil Justice & Property Rights Subcommittee agenda

  26. Now in Civil Justice & Property Rights Subcommittee

  27. Referred to Judiciary Committee

  28. Referred to Regulatory Reform Subcommittee

  29. Referred to Civil Justice & Property Rights Subcommittee

  30. 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 17 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 5002
Democrat 4000
Total 17003
% 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

Official roll call →

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democrat 4000
Republican 5001
Total 17001
% 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

Official roll call →

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 6001
Democrat 4001
Total 16002
% 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

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

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.

Make your voice heard on HB 545

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Stay ahead of HB 545

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →