CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 12808, 2016 WL 4468146
...“If, after reasonable diligence, service of process cannot be completed under subsection (1) or subsection (2), service of prodess may be effected by service upon the Secretary of State as agent of the limited liability company as provided for in s.
48.181.” §
48.062(3), Fla. Stat.; see also §
605.0117(3), Fla. Stat. (2014). Here, the plaintiff conducted the requisite reasonable diligence before it served the Secretary of State. The Secretary noted the date and time of receipt. See §
605.0117(6), Fla....
...We recognize that those cases do not involve LLCs and predate Florida’s revisions to the LLC statutes. We also recognize that none of the newly enacted LLC provisions furnish a method to communicate the substitute service upon the Secretary to the defendant. For example, section 605.0117(5) provides that service is effectuated on the date shown as received by the Department. Section 605.0117(6) provides also that the Department must keep a record of each process, notice, and demand served, and record the time of “and the action taken regarding the service.” However, it does not specify the nature of any action to be taken by the Department....
...egistered or certified mail, return receipt requested, to the company at its designated office.” Revised Unif. Ltd. Liab. Co. Act [RULLCA] § 116(c) (Unif. Law Comm’n 2011). The Florida Statutes are silent on this point. 'Consistent with RULLCA, section 605.0117(5) provides that service is effectuated on the date shown as received by the Department, and section 605.0117(6) provides that the Department must keep a record of the service “and -the action taken regarding the....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2017 Fla. App. LEXIS 10967, 2017 WL 3271624
...judgment in favor of Federal National Mortgage Association (Fannie Mae).1 Because
we find that Fannie Mae failed to plead the necessary jurisdictional allegations in its
complaint to perfect substituted service on the Florida Secretary of State and that
section 605.0117, Florida Statutes (2014), does not make such allegations
unnecessary, we reverse and remand for further proceedings.
I....
...Green Emerald's motion. At
the hearing, Green Emerald made the same arguments that it had raised in its motion.
Fannie Mae argued that it had properly effected substitute service because it had
complied with the service requirements set forth in section
605.0117. Fannie Mae
contended that it was unnecessary for it to comply with section
48.181 concerning
substitute service because (1) section
48.181 applies only to service on nonresidents of
Florida and (2) section
605.0117 created an independent method for service of process
-3-
on limited liability companies.2 Without providing any explanation, the trial court denied
the motion to quash and vacate....
...Sylvia,
712 So. 2d 806, 806 (Fla. 4th DCA 1998); see
also Jupiter House, LLC v. Deutsche Bank Nat'l Tr. Co.,
198 So. 3d 1122, 1123 (Fla. 4th
DCA 2016) ("[T]he plaintiff failed to amend its complaint to allege the necessary
2
Section
605.0117 was enacted as part of the Florida Revised Limited
Liability Company Act, sections
605.0101-.1108, which became effective on January 1,
2014....
... resident concealing his whereabouts); see also Jupiter House,
198 So. 3d at 1123
(same); Mecca,
954 So. 2d at 1182-83 (same).
Furthermore, we are unpersuaded by Fannie Mae's argument that it was
unnecessary for it to make jurisdictional allegations because section
605.0117 created
an independent method of service of process for limited liability companies. We find no
provision in section
605.0117 that would relieve Fannie Mae of its obligation to plead
the requisite jurisdictional allegations when effecting substitute service of process.
Although we recognize that section
605.0117(3) authorizes a plaintiff to serve a
defendant through substitute service of process on the Secretary of State, such a
provision does not establish a new method of service of process. Indeed, on a closely
related issue, this court found that section
605.0117 did not create a new, independent
method of effecting substitute service on a defendant....
...service of process cannot be completed . . . , service of process may be effected by
service upon the Secretary of State as agent of the limited liability company as provided
for in s.
48.181." §
48.062(3).
4
Like section
605.0117, section
48.062 was enacted as part of the law that
created the Florida Revised Limited Liability Company Act....
CopyPublished | Florida 2nd District Court of Appeal | 2017 WL 650961, 2017 Fla. App. LEXIS 2147
...(1), Florida Statutes (2014). We agree
and reverse.
Nationstar was unable to serve Green Emerald's registered agent and
managing member. Consequently, Nationstar served the Florida Department of State
with substitute service under section 605.0117(3), Florida Statutes (2014)....
...Green
Emerald filed a motion to quash service, contending that Nationstar was also required to
mail the process through certified or registered mail, file the return receipt, and submit
an affidavit of compliance, as required by section
48.161(1). In opposition, Nationstar
claimed that newly enacted section
605.0117 provided an independent method of
obtaining service on limited liability companies and compliance with chapter 48 was no
longer required....
..."Substitute service on an LLC was not
expressly authorized until the legislature enacted and amended various statutes
effective January 1, 2014 and January 1, 2015." Jupiter House, LLC v. Deutsche Bank
Nat'l Tr. Co.,
198 So. 3d 1122, 1123 (Fla. 4th DCA 2016) (citing ch. 2013–180, §§ 3, 29,
Laws of Fla.); see §
605.0117(3) ("If the process, notice, or demand cannot be served
on a limited liability company ....
...he limited liability
company").
Under the new statute, "[s]ervice with process, notice, or a demand on the
department may be made by delivering to and leaving with the department duplicate
copies of the process, notice, or demand." §
605.0117(4). "Service is effectuated [for
such purposes] on the date shown as received by the department." §
605.0117(5).
However, "none of the newly enacted LLC provisions furnish a method to communicate
the substitute service upon the Secretary to the defendant." Jupiter House,
198 So. 3d
at 1124. Because of this omission in chapter 605, the provisions of chapter 48 must be
applied where chapter 605 is silent on the notice requirements. Id.
As the Fourth District held in Jupiter House, although section
605.0117
authorizes service on the Secretary of State, a plaintiff must still comply with the notice
requirements in section
48.161(1)....
