SB 576 — Service of Process

Florida Senate - 2025 CS for SB 576 By Senatorthe LeekCommittee 7-00274C-25on 2025576__Judiciary; A bill to be entitled An act relating to service of process;

and Senator Leek 590-02318-25 2025576c1 A bill to be entitled An act relating to service of process;

providing that thea Secretarycertain ofservice State and the Department of Stateprocess areis noteffectuated partiesunder tospecified lawsuitscircumstances; and may not be served additional Page 1 of 10 CODING:

providing that the Secretary Page 1 of 11 CODING:

Florida Senate - 2025 CS for SB 576 7-00274C-25590-02318-25 2025576__2025576c1 of State and the Department of State are not parties to lawsuits and may not be served additional court filings by reason of specified substituted service;

and domestic or foreign general partnership that elects to designate a registered agent, shall cause the designated registered agent to Page 2 of 1011 CODING:

Florida Senate - 2025 CS for SB 576 7-00274C-25590-02318-25 2025576__2025576c1 registered agent, shall cause the designated registered agent to keep the designated registered office open from at least 10 a.m.

Effective October 1, 2025, section 48.101, FloridaPage Statutes,3 isof amended11 toCODING: read:

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Florida Senate - 2025 CS for SB 576 7-00274C-25590-02318-25 2025576__2025576c1 48.101Florida ServiceStatutes, onis domesticamended dissolvedto corporations,read: dissolved limited liability companies, dissolved limited partnerships, and dissolved limited liability partnerships, and business organizations in receivership.— (1) Process against the directors of any corporation that was dissolved before July 1, 1990, as trustees of the dissolved corporation must 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.

48.101 Service on domestic dissolved corporations, dissolved limited liability companies, dissolved limited partnerships, and dissolved limited liability partnerships, and business organizations in receivership.— (1) Process against the directors of any corporation that was dissolved before July 1, 1990, as trustees of the dissolved corporation must 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(3), service on a dissolved domestic limited liability Page 4 of 1011 CODING:

Florida Senate - 2025 CS for SB 576 7-00274C-25590-02318-25 2025576__2025576c1 48.062(3), service on a dissolved domestic limited liability company may be made on the person appointed as the liquidator, trustee, or receiver under s.

by use of a commercial firm regularly engaged in the business of document or packagePage delivery;5 of 11 CODING:

or by electronic transmission.

Such The Page 5 of 10 CODING:

Florida Senate - 2025 CS for SB 576 7-00274C-25590-02318-25 2025576__2025576c1 servicepackage isdelivery; sufficient service on a party that has appointed or is deemed to have appointed the Secretary of State as such party’s agent for service of process.

or by electronic transmission.

Such The service is sufficient service on a party that has appointed or is deemed to have appointed the Secretary of State as such party’s agent for service of process.

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 Page 6 of 1011 CODING:

Florida Senate - 2025 CS for SB 576 7-00274C-25590-02318-25 2025576__2025576c1 and by electronic means, if electronic means were used, unless the party is actively refusing or rejecting the delivery of the notice or the party is concealing himself, herself, or itself.

BeforeThe using substituted service under this section, the affidavit of compliance must set forth the facts that justify such substituted service under this section and must contain sufficient facts demonstratingshowing: that show due diligence was exercised in attempting to locate and effectuate personal service on the party, including any information regarding the party’s nonresidence or concealment, or that the party is a business entity for which substituted service is otherwise authorized by law before using substituted service under this section.

(a) That show due diligence was exercised in attempting to locate and effectuate personal service on the party;

and (b) To the extent applicable, the party’s nonresidence or concealment, or that the party is a business entity for which substituted service is otherwise authorized by law before using substituted service under this section.

(5)(4) The party effectuating service is considered to have usedPage due7 diligenceof if11 thatCODING: party:

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Florida Senate - 2025 CS for SB 576 7-00274C-25590-02318-25 2025576__2025576c1 (a)used Madedue diligentdiligence inquiryif andthat exertedparty: an honest and conscientious effort appropriate to the circumstances to acquire the information necessary to effectuate personal service;

(a) Made diligent inquiry and exerted an honest and conscientious effort appropriate to the circumstances to acquire the information necessary to effectuate personal service;

(8)(7) Service of process is effectuated under this section on the date the affidavit of compliance is filed, or the date when the notice of service requirements under subsection (3) are completed, whichever is later service is received by the Department of State.

The Secretary of State and the Department of State are not parties to the lawsuit by reason of substituted service under this section, and additional court filings regarding such lawsuit may not be servedPage upon8 or sent to the Secretary of State11 orCODING: the Department of State after the substituted service is effectuated.

(10)(9) This section does not apply to persons on whom service is authorized under s.

48.151.

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Florida Senate - 2025 CS for SB 576 7-00274C-25590-02318-25 2025576__2025576c1 Sectionserved 4.upon or sent to the Secretary of State or the Department of State after the substituted service is effectuated.

(10)(9) This section does not apply to persons on whom service is authorized under s.

48.151.

Section 4.

(4) Any individual or foreign business entity that conceals its whereabouts is deemed to have appointed the Secretary of State as its agent on whom all process may be served, in any action or proceeding against such individual or foreign business entity it, or any combination thereof, arising out of any transactionPage or9 operationof connected11 withCODING: or incidental to any business or business venture carried on in this state by such individual or foreign business entity.

(5) Any individual who was a resident of this state and who Page 9 of 10 CODING:

Florida Senate - 2025 CS for SB 576 7-00274C-25590-02318-25 2025576__2025576c1 subsequently became a nonresident is deemed to have appointed the Secretary of State as his or her agent on whom all process may be served in any action or proceeding against such individual arising out of any transaction or operation connected with or incidental to any business or business venture carried on in this state by such individual.individual or foreign business entity.