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Florida Statute 48.161 | Lawyer Caselaw & Research
F.S. 48.161 Case Law from Google Scholar
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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. 48.161
48.161 Method of substituted service on nonresident.
(1) When authorized by law, substituted service of process on a nonresident individual or a corporation or other business entity incorporated or formed under the laws of any other state, territory, or commonwealth, or the laws of any foreign country, may be made by sending a copy of the process to the office of the Secretary of State by personal delivery; by registered mail; by certified mail, return receipt requested; by use of a commercial firm regularly engaged in the business of document or package delivery; or by electronic transmission. 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 Secretary of State shall keep a record of all process served on the Secretary of State showing the day and hour of service.
(2) Notice of service and a copy of the process must be sent forthwith by the party effectuating service or by such party’s attorney by registered mail; by certified mail, return receipt requested; or by use of a commercial firm regularly engaged in the business of document or package delivery. In addition, if the parties have recently and regularly used e-mail or other electronic means to communicate between themselves, the notice of service and a copy of the process must be sent by such electronic means or, if the party is being served by substituted service, the notice of service and a copy of the process must be served at such party’s last known physical address and, if applicable, last known electronic address. 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 affidavit of compliance of the party effectuating service or such party’s attorney must be filed within 40 days after the date of service on the Secretary of State 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. The party effectuating service does not need to allege in its original or amended complaint the facts required to be set forth in the affidavit of compliance.
(3) When an individual or a business entity conceals its whereabouts, the party seeking to effectuate service, after exercising due diligence to locate and effectuate personal service, may use substituted service pursuant to subsection (1) in connection with any action in which the court has jurisdiction over such individual or business entity. The party seeking to effectuate service must also comply with subsection (2); however, a return receipt or other proof showing acceptance of receipt of the notice of service and a copy of the process by the concealed party need not be filed.
(4) The party effectuating service is considered to have used due diligence if that party:
(a) Made diligent inquiry and exerted an honest and conscientious effort appropriate to the circumstances to acquire the information necessary to effectuate personal service;
(b) In seeking to effectuate personal service, reasonably employed the knowledge at the party’s command, including knowledge obtained pursuant to paragraph (a); and
(c) Made an appropriate number of attempts to serve the party, taking into account the particular circumstances, during such times when and where such party is reasonably likely to be found, as determined through resources reasonably available to the party seeking to secure service of process.
(5) If any individual 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.
(6) The Secretary of State may designate an individual in his or her office to accept service.
(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) This section does not apply to persons on whom service is authorized under s. 48.151.
History.ss. 2, 4, ch. 17254, 1935; CGL 1936 Supp. 4274 (8), (10); s. 1, ch. 59-382; s. 4, ch. 67-254; s. 4, ch. 71-114; s. 1, ch. 71-308; s. 57, ch. 90-132; s. 277, ch. 95-147; s. 11, ch. 2022-190.
Note.Former ss. 47.30, 47.32.

F.S. 48.161 on Google Scholar

F.S. 48.161 on Casetext

Amendments to 48.161


Arrestable Offenses / Crimes under Fla. Stat. 48.161
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.161.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SOCIETE HELLIN, S. A. a v. VALLEY COMMERCIAL CAPITAL, LLC, a, 254 So. 3d 1018 (Fla. App. Ct. 2018)

. . . We do not reach defendants' arguments that plaintiff failed to comply with section 48.161's technical . . .

MOSS, v. ESTATE OF HUDSON, BY AND THROUGH HUDSON,, 252 So. 3d 785 (Fla. App. Ct. 2018)

. . . of section 48.171 and had also failed to comply with the separate procedural requirements of section 48.161 . . . Second, the service must strictly comply with section 48.161, which sets forth the method of substituted . . . , it is unnecessary for us to address whether the procedural requirements for service under section 48.161 . . .

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)

. . . Id, Furthermore, the plaintiff must also comply with section 48.161(1). . . . Under section 48.161(1), the plaintiff .must (i) send notice to the defendant, via certified or registered . . . Furthermore, the record does not reflect that GTS complied with section 48.161(1) by (i) sending notice . . .

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

. . . court agreed that a plaintiff was still required to comply with the notice requirements in section 48.161 . . .

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

. . . accomplished because Nationstar Mortgage, LLC, failed to comply with the notice requirements in section 48.161 . . . registered mail, file the return receipt, and submit an affidavit of compliance, as required by section 48.161 . . . service on the Secretary of State, a plaintiff must still comply with the notice requirements in section 48.161 . . .

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

. . . to pursue substitute service of process on the Secretary of State pursuant to sections 48.062(3) and 48.161 . . . the substituted service was ineffective because PNC failed to comply with the requirements of section 48.161 . . . PNC seeks to excuse its noncompliance with the requirements of section 48.161(1) by relying upon Alvarado-Fernandez . . .

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

. . . Second, upon serving the Secretary of State, the plaintiff failed to comply with either sections 48.161 . . . Regarding the second point, we hold that the plaintiff was required to comply with section 48.161. . . . Section 48.161 is the general substitute service statute applicable to nonresidents or those concealing . . . When substituted service is made under section 48.181,the requirements of section 48.161 also apply. . . . Second, the plaintiff failed to comply with section 48.161, applicable through section 48.181. . . .

GREEN, v. LINGLE,, 166 So. 3d 221 (Fla. Dist. Ct. App. 2015)

. . . excusable neglect for the failure to serve within that time period nor has the Plaintiff complied with § 48.161 . . .

A. ALVARADO- FERNANDEZ, v. MAZOFF,, 151 So. 3d 8 (Fla. Dist. Ct. App. 2014)

. . . Complaint on Defendant by serving the Secretary of State in accordance with the provisions of section 48.161 . . . This would include service according to sections 48.161 and 48.181, Florida Statutes, because the Hague . . . The method for effecting substitute process on parties is outlined in sections 48.161, 48.171 and 48.181 . . . Section 48.161 requires substituted service be evidenced by: (1) registered or certified mailing to the . . . Pursuant to section 48.161, “the affidavit of the plaintiff or his or her attorney of compliance shall . . .

HSBC BANK USA, NATIONAL ASSOCIATION, v. CENTRE COURT RIDGE CONDOMINIUM ASSOCIATION, INC., 147 So. 3d 593 (Fla. Dist. Ct. App. 2014)

. . . Appellant claims that service should have been perfected pursuant to sections 48.181 and 48.161, Florida . . . Section 48.161(1), Florida Statutes, provides that substituted service on a nonresident shall be made . . . had two choices to perfect service on Appellant — either perfect substituted service under section 48.161 . . . service and a copy of the process” to Appellant by certified or registered mail, as required by section 48.161 . . .

CRYSTAL SPRINGS PARTNERS, LTD. v. MICHAEL R. BAND, P. A., 132 So. 3d 1230 (Fla. Dist. Ct. App. 2014)

. . . trial court properly upheld substituted service of initial process on Crystal Springs under section 48.161 . . . Strict compliance with the requirements of section 48.161(1) is mandatory for substituted service to . . .

BAKER v. JOSEPH,, 938 F. Supp. 2d 1265 (S.D. Fla. 2013)

. . . . §§ 48.031, 48.161, 48.193(3), 48.194(1); Reef Clematis LLC v. . . .

GAYNOR HILL ENTERPRISES, INC. v. ALLAN ENTERPRISES, LLC,, 113 So. 3d 933 (Fla. Dist. Ct. App. 2013)

. . . The substitute service statute requires an affidavit from the plaintiff: 48.161 Method of substituted . . . receipt and the affidavit of the plaintiff or his or her attorney of compliance shall be filed.... § 48.161 . . .

A. DRURY, v. NATIONAL AUTO LENDERS, INC., 83 So. 3d 951 (Fla. Dist. Ct. App. 2012)

. . . Section 48.161 of the Florida Statutes delineates the proper method for achieving substituted service . . .

PINERO, v. YAM MARGATE, L. L. C., 825 F. Supp. 2d 1264 (S.D. Fla. 2011)

. . . 48.181, titled “Service on Nonresident Engaging in Business in State”, rather than Florida Statutes § 48.161 . . . Stat. § 48.161, which requires notification by registered or certified mail to the Defendant after service . . . Stat. § 48.161 in attempting long arm service of process in the instant case, but argues that there was . . . Stat. § 48.161, when he should have performed substitute service pursuant to Fla. . . . Stat. § 48.161, which required Plaintiff, after serving the Florida Secretary of State, to file proof . . .

TRACFONE WIRELESS, INC. a v. DISTELEC DISTRIBUCIONES ELECTRONICAS, S. A. DV, a, 268 F.R.D. 687 (S.D. Fla. 2010)

. . . . § 48.161 and 48.181. (See D.E. 32 at 2.) . . . Stat. § 48.161 and 48.181. Analysis I. . . . Stat. §§ 48.161, 48.181. . . . Stat. § 48.161, and, accordingly, the Court grants Plaintiffs Motion. . . .

HERNANDEZ, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, RFB, 32 So. 3d 695 (Fla. Dist. Ct. App. 2010)

. . . not produce a return receipt for certified mail signed by the appellant in compliance with section 48.161 . . . whereabouts and avoiding service of process and is being served within the scope of Florida Statutes 48.161 . . . Second, the service must strictly comply with section 48.161, which sets forth the method of substituted . . . Under section 48.161, the plaintiff must serve the Secretary of State and mail a copy of the summons . . . “Section 48.161, Florida Statutes, requires that the process be sent to the defendant via certified or . . .

DELANCY, v. TOBIAS,, 26 So. 3d 77 (Fla. Dist. Ct. App. 2010)

. . . complaint, which stated the necessary requirements for substituted service in compliance with sections 48.161 . . .

COHEN, v. APONTE,, 24 So. 3d 807 (Fla. Dist. Ct. App. 2010)

. . . An attention to detail and questioned compliance with the requirements of section 48.161, Florida Statutes . . . trial court erred in denying his motion to quash service of process for noncompliance with section 48.161 . . . complaint further alleged that the plaintiff conducted a diligent search; and that pursuant to section 48.161 . . . Id.; § 48.161(1). . . . Davis, 251 So.2d 842, 343-44 (Fla. 3d DCA 1971) (finding that section 48.161 was not complied with when . . .

ASSET MANAGEMENT, INC. v. NEIMAN,, 22 So. 3d 659 (Fla. Dist. Ct. App. 2009)

. . . See § 48.161(1), Fla. Stat. (2007). . . . See § 48.161(1), Fla. Stat. (2007); All Mobile Video, 773 So.2d at 589. . . . to effectuate substituted service of process on All Mobile Video pursuant to sections 48.181(1) and 48.161 . . . However, when it came time to satisfy prong two of section 48.161(1), the plaintiff chose to send the . . . The court explained that “to comply with section 48.161, plaintiffs who seek to employ substituted service . . .

LOBO, v. CELEBRITY CRUISES, INC., 667 F. Supp. 2d 1324 (S.D. Fla. 2009)

. . . Stat. § 48.161, entitled “Method of substituted service on nonresident,” which permits service upon the . . . Stat. § 48.161. Because Fla. . . . . § 48.161 requires “the transmittal of documents abroad,” under Schlunk, the Hague Convention applies . . . Stat. §§ 48.181 and 48.161); McClenon v. . . . Stat. § 48.161. . . .

SILVESTRE, v. BERNAL,, 980 So. 2d 537 (Fla. Dist. Ct. App. 2008)

. . . We conclude that service of process was properly accomplished in accordance with sections 48.161 and . . .

CONAX FLORIDA CORP. v. ASTRIUM LTD., 499 F. Supp. 2d 1287 (M.D. Fla. 2007)

. . . Stat., and substitute service under §§ 48.161 and 48.181, Fla. Stat. (Doc. 7, pp. 5-11). A. . . . discussed below, the plaintiff properly effected substitute service upon the defendant pursuant to §§ 48.161 . . . The plaintiff contends that it effected service upon the defendant in accordance with §§ 48.161 and 48.181 . . . travel.state. gov.Aaw/info/judicial, the plaintiff contends that service of process by mail pursuant to §§ 48.161 . . . not object, I find that the plaintiffs service of process upon the defendant in accordance with §§ 48.161 . . .

WISE, d b a J M v. WARNER,, 932 So. 2d 591 (Fla. Dist. Ct. App. 2006)

. . . Because Rita Warner did not strictly comply with the statutory requirements of section 48.161, Florida . . . Warner served the Secretary of State on behalf of Wise and filed an affidavit of compliance with section 48.161 . . . Wise argues that Warner did not strictly comply with section 48.161 because she never attempted service . . . To effect service of process under section 48.161, Florida Statutes (2004), the plaintiff must, inter . . . Graves, 374 So.2d 641 (Fla. 4th DCA 1979) ], the certified mail sent to comply with section 48.161 was . . .

PRINCE LOBEL GLOVSKY TYE, LLP, v. N. ZALIS, N. N. a a, 938 So. 2d 7 (Fla. Dist. Ct. App. 2006)

. . . defendant had itself engaged in sufficient business activity in Florida for purposes, respectively, of §§ 48.161 . . .

J. ALVARADO v. CISNEROS, 919 So. 2d 585 (Fla. Dist. Ct. App. 2006)

. . . The plaintiff further contends that her Affidavit of Compliance with sections 48.171 and 48.161 and her . . . Procedural requirements for effecting substituted service are outlined in section 48.161, Florida Statutes . . . According to section 48.161, the plaintiff must serve the Secretary of State and mail notice of service . . . See § 48.161, Fla. Stat. (2001); Chapman v. Sheffield, 750 So.2d 140, 142 (Fla. 1st DCA 2000). . . .

DUBOIS d b a v. BUTLER, a BUTLER, BTM, 901 So. 2d 1029 (Fla. Dist. Ct. App. 2005)

. . . of the summons and complaint on Quebec, Inc., or the affidavit of compliance as required by section 48.161 . . .

J. GARDINA J. v. E. ARONOWITZ,, 899 So. 2d 1248 (Fla. Dist. Ct. App. 2005)

. . . the basis of that allegation, they utilized substituted service on defendant Aronowitz under section 48.161 . . . P. 1.070(j) and § 48.161(1), Fla. Stat. (2004). . . .

VEGA GLEN M. v. CLUB M DITERRAN E S. A. a M e a, 359 F. Supp. 2d 1352 (S.D. Fla. 2005)

. . . . §§ 48.181(1), 48.161; McClenon, 726 F.Supp. at 825. . . . In McClenon, the court explained that because Florida Statutes § 48.161 requires the sending of notice . . .

ARDT, AIM AIM v. AMERICA S SENIOR FINANCIAL SERVICES, INC., 885 So. 2d 918 (Fla. Dist. Ct. App. 2004)

. . . In addition, defendants pointed out that plaintiff had failed to comply with section 48.161 in that it . . .

VALLIAPPAN, v. CRUZ,, 871 So. 2d 1035 (Fla. Dist. Ct. App. 2004)

. . . process by registered or certified mail, as required by the substituted service provisions of section 48.161 . . . Section 48.161 allows substituted service in this matter upon a non-resident or a person concealing his . . . certified mail to the defendant, files the return receipt, and files an affidavit stating compliance. § 48.161 . . .

R. SHELLEY v. STATE DEPARTMENT OF FINANCIAL SERVICES,, 846 So. 2d 577 (Fla. Dist. Ct. App. 2003)

. . . the Secretary of State attempted to forward a copy of the complaint to them, as required by section 48.161 . . . substituted service requires full compliance with one of the alternative methods provided by Section 48.161 . . . Section 48.161 requires such substituted service be perfected and evidenced by either: (1) registered . . . The only argument the Department offers for not following the dictates of section 48.161 is that the . . . Whitener, 773 So.2d 587 (Fla. 1st DCA 2000): “[I]n order to comply with section 48.161, plaintiffs who . . .

CHABLI, v. PRIME REALTY INVESTMENTS CORPORATION,, 845 So. 2d 242 (Fla. Dist. Ct. App. 2003)

. . . See § 48.161, Fla. Stat. (2002); Hodges v. Noel, 675 So.2d 248 (Fla. 4th DCA 1996). . . .

SMITH, v. LEAMAN, 826 So. 2d 1077 (Fla. Dist. Ct. App. 2002)

. . . Because the Lea-mans did not strictly comply with the substituted service requirements of section 48.161 . . . that the Lea-mans had conducted a diligent search and had complied with the requirements of section 48.161 . . . Section 48.161, which allows for substituted service of process on a Florida resident who is concealing . . . file the defendant’s return receipt; and (3) the plaintiff must file an affidavit of compliance. § 48.161 . . . In Turcotte, the certified mail sent to comply with section 48.161 was returned with a notation that . . .

MONACO a k a v. NEALON,, 810 So. 2d 1084 (Fla. Dist. Ct. App. 2002)

. . . Cie, 682 So.2d 1185, 1186 (Fla. 4th DCA 1996), and 2) the service must strictly comply with section 48.161 . . . Under section 48.161, the plaintiff must serve the secretary of state designated in section 48.171 and . . . Chapman, 750 So.2d at 142; see § 48.161(1), Fla. Stat. (1999); Wyatt, 649 So.2d at 907. . . .

JENNINGS v. MONTENEGRO, 792 So. 2d 1258 (Fla. Dist. Ct. App. 2001)

. . . Santiago and Flor Stella Montenegro’s attempted service of process for failure to comply with section 48.161 . . . argue that, with respect to their last amended complaint, the Montenegros failed to comply with section 48.161 . . . Section 48.161 provides, in part, When authorized by law, substituted service of process on a nonresident . . . shall be filed on or before the return day of the process or within such time as the court allows.... § 48.161 . . . Nothing stopped the Montenegros from complying with sections 48.161 and 48.171 at any point. . . .

C. GOWER v. G. HEMMERLE,, 779 So. 2d 657 (Fla. Dist. Ct. App. 2001)

. . . Substituted service on the Secretary was made pursuant to sections 48.161 and 48.171, Florida Statutes . . . quash service because by affidavit he made a showing that he was not amenable to service under sections 48.161 . . .

TIRE GROUP INTERNATIONAL, INC. v. CONFIANCA MUDANCAS TRANSPORTES,, 776 So. 2d 1057 (Fla. Dist. Ct. App. 2001)

. . . Tire Group’s counsel served all of the defendants through the Secretary of State, pursuant to sections 48.161 . . . In an attempt to comply with section 48.161, counsel also sent a copy of the Secretary of State’s acceptance . . . 856 (Fla. 5th DCA 1996) (“A plaintiff may not use substituted service of process allowed by sections 48.161 . . . The same requirements apply to service of process under sections 48.161 and 48.181). . . . the notices and copies of the process into one envelope does not satisfy the requirements of section 48.161 . . .

ALL MOBILE VIDEO, INC. v. J. WHITENER, 773 So. 2d 587 (Fla. Dist. Ct. App. 2000)

. . . Florida, Appellees attempted to employ substituted service of process pursuant to sections 48.181 and 48.161 . . . Fire Insurance Co., 462 So.2d 561 (Fla. 3d DCA 1985), found that Appellees had complied with section 48.161 . . . See sec. 48.161(1), Fla. Stat. (1999). . . . This court has held that, in order to comply with section 48.161, plaintiffs who seek to employ substituted . . .

WOODWORTH, v. SMITH,, 773 So. 2d 1170 (Fla. Dist. Ct. App. 2000)

. . . .” § 48.161(1), Fla. Stat. (1997) (emphasis added). . . .

OTEMAN, S. A. v. NAPOLES, 757 So. 2d 1261 (Fla. Dist. Ct. App. 2000)

. . . because of the plaintiffs failure to file an appropriate affidavit of compliance as required by section 48.161 . . .

CHAPMAN, v. F. SHEFFIELD M., 750 So. 2d 140 (Fla. Dist. Ct. App. 2000)

. . . The method of effecting substituted process is outlined in section 48.161, Florida Statutes. . . . Sections 48.161 and 48.171 create an exception to the general rule that the defendant must be personally . . . Section 48.161 provides in material part that the party making substituted service must file a copy of . . . In contrast, section 48.161, Florida Statutes contains no provision authorizing a representative to accept . . .

SMITH, d b a Co. E. v. N. ALVARADO, R., 737 So. 2d 630 (Fla. Dist. Ct. App. 1999)

. . . Ins., 681 So.2d 758 (Fla. 4th DCA 1996); § 48.161, Fla. Stat. (1997). We agree with the appellants. . . . the court “on or before the return day of the process or within such time as the court allows,” See § 48.161 . . . orders must be reversed because plaintiff failed to comply with the strict requirements of section 48.161 . . .

KHAMBATY, v. E. LEPINE,, 734 So. 2d 1183 (Fla. Dist. Ct. App. 1999)

. . . We also reject Lepine’s argument that the service was invalid for failure to comply with section 48.161 . . . in arguing that the service itself was invalid because the Khambatys failed to comply with section 48.161 . . . the copy of the summons filed by the Khambatys does not constitute a return of service under section 48.161 . . .

NATIONSBANK, N. A. v. L. ZINER A., 726 So. 2d 364 (Fla. Dist. Ct. App. 1999)

. . . . § 48.161 (1997). . . .

LINN J. v. KIDD,, 714 So. 2d 1185 (Fla. Dist. Ct. App. 1998)

. . . Kidd next sought to serve the Linns by using substituted service of process pursuant to sections 48.161 . . . residence, and by failing to obtain and file a return receipt from the Linns as required by section 48.161 . . . In Wyatt, the defendant did not execute a return receipt as required by section 48.161. . . . Section 48.161 provides, in part: Method of substituted service on nonresident.— (1) When authorized . . .

WAXOYL, A. G. v. TAYLOR, BRION, BUKER GREENE, a, 711 So. 2d 1251 (Fla. Dist. Ct. App. 1998)

. . . See § 48.161, Fla. Stat. (1995). . . . the grounds for service of process upon Waxoyl, A.G. pursuant to the above referenced sections [§§ 48.161 . . . that the law firm did not timely file its affidavit of compliance within the time required by section 48.161 . . . refusal to accept delivery excuses the filing of return receipts and further compliance with Section 48.161 . . .

SUROOR Al v. FIRST INVESTMENT CORPORATION,, 700 So. 2d 139 (Fla. Dist. Ct. App. 1997)

. . . Instead, FIC utilized our substitute service statutes, sections 48.161 and 48.181, Florida Statutes ( . . . ■ (1) failed to meet the strict procedural requirements for substitute service provided in section 48.161 . . .

JAMIL, v. ACOSTA,, 697 So. 2d 1279 (Fla. Dist. Ct. App. 1997)

. . . service of process upon the nonresident appellant through the secretary of state, pursuant to sections 48.161 . . .

MIAMI CHINESE COMMUNITY CENTER, LTD. a a v. INTERAMERICAN ENGINEERING CORPORATION, a, 689 So. 2d 427 (Fla. Dist. Ct. App. 1997)

. . . . § 48.161(1), Fla.Stat. (1995); § 48.181(1), Fla.Stat. (1995); New England Rare Coin Galleries, Inc. . . .

L. ONETT, v. AHOLA, 683 So. 2d 593 (Fla. Dist. Ct. App. 1996)

. . . nonresidents of Florida and that service would be proper through the substituted service procedure of section 48.161 . . .

CROSS, v. KALINA,, 681 So. 2d 855 (Fla. Dist. Ct. App. 1996)

. . . . §§ 48.161, 48.171 Fla. Stat. (1995). . . . A plaintiff may not use substituted service of process allowed by sections 48.161 and 48.171 unless it . . .

KENRICK, Jr. v. COLEMAN,, 679 So. 2d 865 (Fla. Dist. Ct. App. 1996)

. . . Kenriek, a nonresident motor vehicle operator, on the Florida Secretary of State pursuant to sections 48.161 . . . did not send Kenriek notice of service of process and a copy of the process, as required by section 48.161 . . . Section 48.161 provides that “[njotice and a copy of the process shall be sent forthwith by registered . . . of 150 days in this ease, therefore, as a matter of law, does not meet the requirements of section 48.161 . . .

MERCY LU ENTERPRISES, INC. v. LIBERTY MUTUAL INSURANCE COMPANY,, 681 So. 2d 758 (Fla. Dist. Ct. App. 1996)

. . . To comply with section 48.161, Florida Statutes (1993), Liberty Mutual’s attorney sent the notice of . . . Perfection of substituted service under section 48.161 requires strict compliance with the statutory . . . corporate records on file with the Secretary of State, Liberty Mutual chose a location for the section 48.161 . . .

HODGES, v. NOEL,, 675 So. 2d 248 (Fla. Dist. Ct. App. 1996)

. . . (i) issue, the complaint in this case did not plead the basis for substituted service under section 48.161 . . .

JOHNSON, v. MADRONAL,, 673 So. 2d 194 (Fla. Dist. Ct. App. 1996)

. . . . § 48.161, Fla.Stat. (1995); see Bodden v. Young, 422 So.2d 1055 (Fla. 4th DCA 1982); Robb v. . . .

ARISON, v. OFFER a a, 669 So. 2d 1128 (Fla. Dist. Ct. App. 1996)

. . . appealed to this court, and we reversed because the substituted service did not comply with section 48.161 . . .

THE FLORIDA BAR, v. T. CHARNOCK, III,, 661 So. 2d 1207 (Fla. 1995)

. . . district court found that Castle Pools failed to strictly comply with the requirements of sections 48.161 . . .

MANUFACTURERS HANOVER TRUST COMPANY, v. R. PONSOLDT,, 51 F.3d 938 (11th Cir. 1995)

. . . perfected substituted service under Fla.Stat. 48.181(1) by using the procedure set forth in Fla.Stat. 48.161 . . .

NATIONAL POWERBOAT ASSOCIATION, INC. a k a N. P. B. A. v. CALABRO,, 652 So. 2d 508 (Fla. Dist. Ct. App. 1995)

. . . . § 48.161(1), Fla. Stat. (1993). . . .

WYATT, Jr. v. M. HAESE W., 649 So. 2d 905 (Fla. Dist. Ct. App. 1995)

. . . to send notice of service to appellant or file an affidavit of compliance in accordance with section 48.161 . . . Section' 48.161, Florida Statutes (1989), provides in pertinent part: (1) .... . . .

COMMERCEBANK, N. A. a v. E. TAYLOR,, 639 So. 2d 1058 (Fla. Dist. Ct. App. 1994)

. . . forth in the amended complaint were sufficient and that, therefore, substituted service under section 48.161 . . .

H. CREWS v. L. SHADBURNE,, 637 So. 2d 979 (Fla. Dist. Ct. App. 1994)

. . . Thereafter, the Crewses utilized section 48.161, Florida Statutes, to effect substituted service of process . . .

PELYCADO ONROEREND GOED B. V. A v. RUTHENBERG, d b a, 635 So. 2d 1001 (Fla. Dist. Ct. App. 1994)

. . . They all agree that service was attempted pursuant to § 48.161, Florida Statutes (1991) and § 48.181, . . . Sections 48.161 and 48.-181 must be read together for service to be effective. . . . To be perfected, service must be had under one of the methods in section 48.161. P.S.R. Assocs. v. . . . To meet the requirements of section 48.161, a notice of the substituted service and a copy of the process . . . It is clear that Ruthenberg did not meet the requirements of section 48.161. . . .

JOHN GREEN CORPORATION, v. COELLO, a, 635 So. 2d 127 (Fla. Dist. Ct. App. 1994)

. . . defendant John Green Corporation, a nonresident, by serving the Secretary of State pursuant to section 48.161 . . . Id. § 48.161(1). . . .

EDINA TECHNICAL PRODUCTS, INC. v. HO,, 633 So. 2d 1124 (Fla. Dist. Ct. App. 1994)

. . . Statutes (1991), but reverse that portion of the order which sustains the service of process under section 48.161 . . . record demonstrates plaintiffs’ failure to timely file their affidavit of compliance under section 48.161 . . .

ARISON, v. OFFER, 626 So. 2d 1039 (Fla. Dist. Ct. App. 1993)

. . . case at bar, appellee utilized substituted service to effectuate service on Arison pursuant to section 48.161 . . . Section 48.161 requires that notice of service on the secretary of state be sent to the nonresident defendant . . . the order must be reversed because appellee failed to comply with the strict requirements of section 48.161 . . .

BROWN, v. F. SEEBACH III,, 763 F. Supp. 574 (S.D. Fla. 1991)

. . . set forth in the complaint fulfill the necessary elements required to fall within the language of § 48.161 . . .

HANNA, v. MILLBYER,, 570 So. 2d 1087 (Fla. Dist. Ct. App. 1990)

. . . requirements, including the filing of an affidavit of compliance and a notification of service, see § 48.161 . . .

WIGGAM, v. BAMFORD, 562 So. 2d 389 (Fla. Dist. Ct. App. 1990)

. . . The trial court determined that appellees had complied with the requirements- of sections 48.161 and . . . locate the defendant, their attempts do not rise to the level of due diligence required by section 48.161 . . .

GLOBAL SERVICIOS, S. A. v. TOPLIS HARDING, INC., 561 So. 2d 674 (Fla. Dist. Ct. App. 1990)

. . . Service was effected upon Global pursuant to section 48.161, Florida Statutes (1987). . . . Global further alleged that plaintiff had failed to comply with the strict mandate of section 48.161 . . .

GULF ATLANTIC TRANSPORT COMPANY, v. OFFSHORE TUGS, INC., 740 F. Supp. 823 (M.D. Fla. 1990)

. . . . § 48.161, which provides for substituted service of process on nonresidents. . . .

LOGAN, v. MORA,, 555 So. 2d 1267 (Fla. Dist. Ct. App. 1989)

. . . grounds, and adding that the substituted service was defective for failure to comply with sections 48.161 . . . the order, Mora attached an attorney’s affidavit stating that Mora had complied fully with Section 48.161 . . . trial court was correct in quashing service because Mora did not fulfill the requirements of section 48.161 . . . Section 48.161 provides that service on a nonresident shall be made by mailing a copy of the process . . . plaintiff or his attorney of compliance shall be filed on or before the return day of the process. § 48.161 . . .

McCLENON, II, v. NISSAN MOTOR CORPORATION IN U. S. A., 726 F. Supp. 822 (N.D. Fla. 1989)

. . . Background On May 26, 1989, plaintiffs attempted to serve Nissan Ltd. with process pursuant to Sections 48.161 . . . served the Florida Secretary of State with the summons and complaint, and as provided for in Section 48.161 . . . At-, 108 S.Ct. at 2108, 100 L.Ed.2d at 731. [3] applicable Florida law here comes from Section 48.161 . . . The procedure for accomplishing service on the Secretary of State is set out in Section 48.161. . . . forthwith by registered or certified mail by the plaintiff or his attorney to the defendant____” § 48.161 . . .

PERMENTER, v. FEURTADO, 541 So. 2d 1331 (Fla. Dist. Ct. App. 1989)

. . . on the part of plaintiffs’ counsel in perfecting substituted service of process pursuant to sections 48.161 . . .

ALEXANDER ALEXANDER OF THE CAROLINAS, INC. v. NORTHWEST OXYGEN, INC., 541 So. 2d 1238 (Fla. Dist. Ct. App. 1989)

. . . .-193, but rather served the Secretary of State pursuant to section 48.161. . . .

INVESTMENT COMPANY, v. TAMARAC CLUB, INC. A. A., 537 So. 2d 154 (Fla. Dist. Ct. App. 1989)

. . . Additionally, the notice required by section 48.161, Florida Statutes, was not complied with. . . .

W. C. T. U. RAILWAY COMPANY, v. SZILAGYI, W., 511 So. 2d 727 (Fla. Dist. Ct. App. 1987)

. . . court erred in denying WCTU’s motion to quash the service of process made in accordance with section 48.161 . . .

INSOLIA v. WAGIE,, 505 So. 2d 696 (Fla. Dist. Ct. App. 1987)

. . . resident of Palm Beach County; yet service was attempted by substituted service pursuant to Section 48.161 . . .

KAUFMAN v. METRO LIMO FUND, INC. a, 503 So. 2d 967 (Fla. Dist. Ct. App. 1987)

. . . against Karen Moyer Singh and sought to serve her by substituted service of process under Sections 48.161 . . . the substituted service of process on Karen Moyer Singh was properly effected below under Sections 48.161 . . .

E. KIRBY, Sr. v. OMI CORP. a, 655 F. Supp. 219 (M.D. Fla. 1987)

. . . . §§ 48.161, 48.181 (1985). . . . See Plaintiff’s Attorney’s Affidavit of Compliance with Sections 48.161 and 48.-181, Florida Statutes . . . See Fla.Stat. § 48.161 (1985). . . .

CAMERON, v. ODISSEA SHIPPING CO. Co. S. A., 486 So. 2d 30 (Fla. Dist. Ct. App. 1986)

. . . Iacono, 367 So.2d 275 (Fla. 3d DCA 1979); §§ 48.081, 48.161, 48.194, Fla.Stat. (1985). . . .

RIVERA, v. DADE COUNTY d b a M. T. A., 485 So. 2d 17 (Fla. Dist. Ct. App. 1986)

. . . jurisdiction over a defendant who had been served through the Secretary of State, pursuant to sections 48.161 . . .

FERGUSON, v. McWILLIAMS, Jr., 483 So. 2d 509 (Fla. Dist. Ct. App. 1986)

. . . Thus, plaintiff sought to utilize sections 48.161 and 48.171, Florida Statutes (1985), which, in specified . . .

LAW OFFICES OF EVAN I. FETTERMAN, v. INTER- TEL INCORPORATED,, 480 So. 2d 1382 (Fla. Dist. Ct. App. 1985)

. . . failed to comply with the requirements for substituted service on a nonresident set forth in section 48.161 . . . Section 48.161, Florida Statutes (1983), requires that the affidavit of compliance be filed on or before . . . This court said: “Unless the plaintiff has strictly complied with Section 48.161, the circuit court does . . .

DOWD a v. NAIRN,, 478 So. 2d 1205 (Fla. Dist. Ct. App. 1985)

. . . demonstrates that the appellee failed to comply with the notice of service of process requirements of section 48.161 . . .

M. VALLE B. Jr. v. J. MADOR a, 478 So. 2d 416 (Fla. Dist. Ct. App. 1985)

. . . Valles sued Ma-dor for negligence in December, 1984, serving him with process pursuant to sections 48.161 . . .

STATE OF FLORIDA v. CONNOLLY, 13 Fla. Supp. 2d 61 (Broward Cty. Ct. 1985)

. . . In the latter situation, under Section 48.161, Florida Statutes, substituted service is in material part . . .

SIERRA HOLDING, INC. a v. SHARP ELECTRONICS CORP., 471 So. 2d 196 (Fla. Dist. Ct. App. 1985)

. . . because of appellee’s failure to comply with the notice of service of process requirement of section 48.161 . . .

MAJOR APPLIANCES, INC. a v. MOUNT VERNON FIRE INSURANCE COMPANY,, 462 So. 2d 561 (Fla. Dist. Ct. App. 1985)

. . . See § 48.161(1), Fla.Stat. (1983) (method of substituted service on nonresident). . . .

SMITH, v. IMPORT BIRDS, INC., 461 So. 2d 1026 (Fla. Dist. Ct. App. 1985)

. . . statutory method of substituted service on a non-resident has not been complied with pursuant to § 48.161 . . . Unless the plaintiff has strictly complied with Section 48.161, the circuit court does not have jurisdiction . . .

SEA LIFT, INC. a v. REFINADORA COSTARRICENSE DE PETROLEO, S. A. a a k a RECOPE,, 601 F. Supp. 457 (S.D. Fla. 1984)

. . . Lift’s first attempt to serve process was insufficient under Rule 4(i), Fed.R.Civ.P., and §§ 48.181, 48.161 . . .

B. TRAMMELL, v. CORAL RIDGE INTERIORS, INC. a, 457 So. 2d 593 (Fla. Dist. Ct. App. 1984)

. . . Both service through the Secretary of State pursuant to section 48.161 and personal service outside the . . .

SHIFFMAN, v. STUMPFF J., 445 So. 2d 1104 (Fla. Dist. Ct. App. 1984)

. . . Ap-pellee failed to file an affidavit of compliance as required by section 48.161(1), Florida Statutes . . . Section 48.161(1) provides for substituted service upon a nonresident defendant by leaving a copy of . . . Unless the plaintiff has complied with section 48.161, the court does not have jurisdiction. . . .

ARGOS RESOURCES, INC. D. D. d b a a v. L. MERRITT,, 446 So. 2d 1123 (Fla. Dist. Ct. App. 1984)

. . . appealed should be affirmed upon the grounds that the service was legally sufficient under both section 48.161 . . .

U. S. TOBACCO COMPANY, v. HARTFORD ACCIDENT INDEMNITY COMPANY,, 444 So. 2d 81 (Fla. Dist. Ct. App. 1984)

. . . Appel-lee did not comply with section 48.161(1) which requires mailing by registered or certified mail . . . service under section 48.181(1), he is required to comply with one of the alternative methods in section 48.161 . . . Appellee concedes that it failed to comply with section 48.161. . . . so served is of the same validity as if served personally on the persons or foreign corporations. . 48.161 . . .

H. CONDE M. D. P. A. v. PROFESSIONAL MEDIQUIP OF FLORIDA, INC., 436 So. 2d 322 (Fla. Dist. Ct. App. 1983)

. . . appellants prepared an affidavit that substituted service had been effected in compliance with Section 48.161 . . . years later Mediscience successfully moved to set aside the final judgment, on the ground that Section 48.161 . . . Section 48.161, Florida Statutes (1981), sets forth the method of substituted service on nonresidents . . . Section 48.161 further requires the public officer authorized to receive substituted service —i.e., the . . . Thus, the trial court had satisfactory proof that prong one of the Section 48.161 procedure, service . . .

STYLES, v. UNITED STATES FIDELITY GUARANTY COMPANY, a J., 423 So. 2d 604 (Fla. Dist. Ct. App. 1982)

. . . concealing her whereabouts or avoiding process so as to justify substituted service pursuant to Section 48.161 . . .

BODDEN, Jr. v. YOUNG,, 422 So. 2d 1055 (Fla. Dist. Ct. App. 1982)

. . . See Section 48.161, Florida Statutes (1981). . . .

W. McINTYRE, v. LAMB Co., 421 So. 2d 822 (Fla. Dist. Ct. App. 1982)

. . . received in a Florida traffic accident, appellant was repeatedly ineffectual in satisfying sections 48.161 . . . Section 48.161(1). . . . a manner satisfactory to section 48.194, even if timing problems prevented compliance with section 48.161 . . .