Florida Statute 620.1117 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 620
PARTNERSHIP LAWS

View Entire Chapter

620.1117 Serving process, giving notice, or making a demand on a limited partnership or a foreign limited partnership.—

(1) Service of process on a limited partnership or foreign limited partnership must be made in accordance with s. 48.061 and chapter 48 or chapter 49.

(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.

(3) This section does not affect the right to serve process, give notice, or make a demand in any other manner provided by law.

History.—s. 17, ch. 2005-267; s. 30, ch. 2022-190.

F.S. 620.1117 on Google Scholar

F.S. 620.1117 on CourtListener

Amendments to 620.1117

Annotations, Discussions, Cases:

Cases Citing Statute 620.1117

Total Results: 1 | Sort by: Relevance | Newest First

Copy

Twin Oaks Villas, Ltd. v. Joel D. Smith, L.L.C., 79 So. 3d 67 (Fla. 1st DCA 2011).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 19200, 2011 WL 6032692

...complied with the law in serving the alias summons, and that Twin Oaks did not exercise due diligence and thus failed to show excusable neglect in failing to update the address of its registered agent with the Secretary of State. Sections 48.061 and 620.1117, Florida Statutes (2007), each authorized substituted service on the Secretary of State following failure of personal service on a limited partnership....

...made on an agent ... 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. 48.181." Section 620.1117(2) authorized service on the Secretary of State if the "registered agent cannot with reasonable diligence be found at the address of the registered office." We reject the subcontractor's claim that section 620.1117 alone applies in this case rather than section 48.061, and that section 620.1117(2) requires only the exercise of reasonable diligence to serve the registered agent at its listed registered office. The subcontractor contends that section 620.1117 is a specific provision addressing the procedure for serving process on limited partnerships and thus controls in this case. Section 620.1117 is entitled "service of process" and is found in Chapter 620, which addresses "partnership laws." Section 48.061 is entitled "service on partnerships and limited partnerships," and is found in Chapter 48 which deals with "process and...

...le directing courts to "adopt an interpretation that harmonizes the laws, for the Legislature is presumed to have intended that both laws are to operate coextensively and have the fullest possible effect." Id. With regard to the relationship between section 620.1117 and 48.061, "related statutory provisions must be read as a cohesive whole," and "a statutory provision will not be construed in such a way that it renders meaningless or absurd any other statutory Jprovision." Id....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.