The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

View Entire Chapter

F.S. 48.062

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.

(2) A domestic limited liability company or registered foreign limited liability company may be served with process required or authorized by law by service on its registered agent designated by the domestic limited liability company or registered foreign limited liability company under chapter 605.

(3) 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, the process may be served on any of the following:

(a) Any manager of a manager-managed domestic limited liability company or registered foreign limited liability company.

(b) Any member of a member-managed domestic limited liability company or registered foreign limited liability company.

(c) 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.

(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 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

(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),

the service of process may be served as provided in s. 48.161 on the Secretary of State as an agent of the domestic limited liability company or the registered foreign limited liability company or by order of the court under s. 48.102.

(5) 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, 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:

(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 company on its latest annual report, as most recently amended, in accordance with s. 48.031.

(c) Any member or manager of the domestic limited liability company or registered foreign limited liability company, in accordance with s. 48.031.

(6) A foreign limited liability company engaging in business in this state which is 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. 48.181 or by order of the court under s. 48.102.

(7) This section does not apply to service of process on insurance companies.

History.—s. 3, ch. 2013-180; s. 13, ch. 2015-148; s. 5, ch. 2019-67; s. 3, ch. 2022-190.

F.S. 48.062 on Google Scholar

F.S. 48.062 on Casetext

Amendments to 48.062

Arrestable Offenses / Crimes under Fla. Stat. 48.062

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.062.

Annotations, Discussions, Cases:

Cases from cite.case.law:

GREEN EMERALD HOMES LLC, v. GREEN TREE SERVICING LLC, E. E. a k a d b a n k a, 230 So. 3d 607 (Fla. Dist. Ct. App. 2017)

. . . Section 48.062(3), Florida ■ Statutes (2016), authorizes substitute service on a limited liability company . . . State if the plaintiff has already made reasonably diligent efforts to serve the LLC under sections 48.062 . . .

GREEN EMERALD HOMES, LLC, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION a L. a k a s, 224 So. 3d 799 (Fla. Dist. Ct. App. 2017)

. . . although neither party brought it to our attention, we note from our own review of chapter 48 that section 48.062 . . . upon the Secretary of State as agent of the limited liability company as provided for in s. 48.181.” § 48.062 . . . Like section 605.0117, section 48.062 was enacted as part of the law that created the Florida Revised . . .

GREEN EMERALD HOMES, LLC, v. NATIONSTAR MORTGAGE, LLC,, 210 So. 3d 263 (Fla. Dist. Ct. App. 2017)

. . . .”); see also § 48.062(3) (providing that if service of process cannot be completed on a registered agent . . .

GREEN EMERALD HOMES, LLC, v. PNC BANK, N. A., 207 So.3d 1027 (Fla. Dist. Ct. App. 2017)

. . . entitle PNC to pursue substitute service of process on the Secretary of State pursuant to sections 48.062 . . .

JUPITER HOUSE, LLC, v. DEUTSCHE BANK NATIONAL TRUST CO., 198 So. 3d 1122 (Fla. Dist. Ct. App. 2016)

. . . Section 48.062(1), Florida Statutes (2014), provides that process against an LLC may be served on the . . . registered agent, process may be served on a member, manager, or designated employee as set forth in section-48.062 . . . upon the Secretary of State as agent of the limited liability company as provided for in s. 48.181.” § 48.062 . . . Section 48.062(3) refers to section 48.181,Florida Statutes (2014). . . . uniform act .to- guide the Secretary, or detail the specific action to be taken, we look to section 48.062 . . .

GREEN EMERALD HOMES, LLC, v. BANK OF NEW YORK MELLON, f k a, 204 So.3d 512 (Fla. Dist. Ct. App. 2016)

. . . See § 48.062, Fla. Stat, (2015). . . .