48.061
Service on partnerships, limited liability partnerships, and limited partnerships.
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148.061 Service on partnerships, limited liability partnerships, and limited partnerships.—
(1)(a) Process against a partnership that is not a limited liability partnership or a limited partnership, including a limited liability limited partnership, must be served on any partner and is as valid for service on the partnership as if served on each individual partner.
1. If a partner is not available during regular business hours to accept service on behalf of the partnership, he or she may designate an employee or agent to accept such service.
2. After one attempt to serve a partner or designated employee or agent for service of process has been made, process may be served on a person in charge of the partnership during regular business hours.
(b) If the partnership designated an agent when registering as a general partnership with the Department of State, service on the agent is as valid for service on the partnership as if served on each individual partner; however, unless individual partners are served, the plaintiff may only proceed to judgment and execution against the assets of the partnership.
(2)(a) Process against a domestic limited liability partnership must first be served on the then-current registered agent for service of process specified in its statement of qualification, in its statement of qualification as amended or restated, or as redesignated in its annual report or change of agent filing and is as valid for service on the limited liability partnership as if served on each individual partner. If service cannot be made on the registered agent because the domestic limited liability partnership ceases to have a registered agent, or if the registered agent cannot otherwise be served after one good faith attempt because of a failure to comply with this chapter or chapter 620, the process may be served on any partner.
1. If a partner is not available during regular business hours to accept service on behalf of the partnership, he or she may designate an employee to accept such service.
2. After one attempt to serve a partner or designated employee has been made, process may be served on a person in charge of the partnership during regular business hours.
(3)(a)1. Process against a domestic limited partnership, including a domestic limited liability limited partnership, must first be served on the then-current agent for service of process specified in its certificate of limited partnership, in its certificate as amended or restated, or as redesignated in its annual report or change of agent filing and is as valid for service on the domestic limited partnership as if served on each individual general partner of the partnership.
2. If service cannot be made on the registered agent because the domestic limited partnership or domestic limited liability limited partnership ceases to have a registered agent, or if the registered agent cannot otherwise be served following one good faith attempt because of a failure to comply with this chapter or chapter 620, the process may be served on any general partner.
3. After service on a general partner or the registered agent, the plaintiff may proceed to judgment and execution against the assets of the domestic limited partnership or of that general partner, unless the domestic limited partnership is a limited liability limited partnership.
(4)(a) Process against a foreign limited liability partnership that was required to comply with s. 620.9102 may be served as prescribed under subsection (2).
(5)(a) Process against a foreign limited partnership that was required to comply with s. 620.1902 may be served as prescribed under subsection (3).
History.—s. 13, Nov. 23, 1828; RS 1017; GS 1404; RGS 2601; CGL 4248; s. 4, ch. 67-254; s. 74, ch. 86-263; s. 3, ch. 87-405; s. 272, ch. 95-147; s. 2, ch. 2022-190.
1Note.—Section 5, ch. 2025-13, provides:
“(1) The amendments made to chapter 48, Florida Statutes, by chapter 2022-190, Laws of Florida, apply to causes of action that accrued on or after January 2, 2023, and to all causes of action that accrued before January 2, 2023, for which service of process was effectuated on or after January 2, 2023.
“(2) Notwithstanding subsection (1), any service of process that occurred between January 2, 2023, and October 1, 2025, which has not been invalidated by a court, is valid if such service complied with either chapter 48, Florida Statutes, as amended by chapter 2022-190, Laws of Florida, or the laws governing service of process in effect before January 2, 2023, which would have applied in the absence of chapter 2022-190, Laws of Florida.
“(3) The amendments made by this act apply to all service of process made or effectuated on or after October 1, 2025, regardless of whether the cause of action accrued before, on, or after October 1, 2025.
“(4) This section does not extend or modify the time for challenging the validity of any service of process and does not revive any ability to challenge the validity of service of process which has previously been waived.”
Note.—Former s. 47.15.
Notes of Decisions
Cited in 22
cases (1 in the last 5 years), 1973–2026 · leading case: Mead v. HS76 Milton, LLC
Mead v. HS76 Milton, LLC (2012)
“However, the court misconstrued the requirements of section 48.061(1), Florida Statutes, as they pertain to a limited liability company, and the default should not have been vacated as the appellant established proper service.”
BOATFLOAT® LLC v. Golia (2005)
“That reference takes us to section 48.061, Florida Statutes (2003), which addresses service of process on a partnership.”
H & F TIRES, LP v. D. Gladis Co., Inc. (2008)
“§ 48.061(3), Fla. Stat. (2002). Gladis's counsel testified that he did not serve the Secretary of State because H & F had failed to register as required under section 620.”
Bay City Management, Inc. v. Henderson (1988)
“Plaintiff's counsel did, however, file an "Affidavit of Compliance With Section 48.061, Florida Statutes" in which he referred to the issuance of this process and recited that copies thereof and the complaint were mailed to each of the appellants.”
1321 Whitfield, LLC v. Silverman (2011)
“) Whitfield argues that the language providing for service of process by publication upon any “other legal entity” excludes limited liability companies and partnerships.”
Twin Oaks Villas, Ltd. v. Joel D. Smith, L.L.C. (2011)
“” The subcontractor then served an alias summons on the Secretary of State, asserting in a letter that, pursuant to section 48.061, Florida Statutes, “[w]e previously attempted service on the Registered Agent listed and it is now a vacant building and we are unable to serve them…”
In re Grant (1986)
“See, Fla.Stat. § 48.061 (West 1969). This court agrees that class certification is proper.”
COUNTRY CLUBS, ETC v. Zaun Equipment, Inc. (1977)
“Appellant contends that FCC at the time of service of the writ of garnishment was no longer a corporate general partner of appellant and that § 48.061, Florida Statutes, does not permit process against a limited partnership by service on the resident agent of a former corporate…”
818 Asset Management, Inc. v. Neiman (2009)
“061(2), Florida Statutes (2007), governing service of process on partnerships provides that where "service cannot be made on [a partnership] agent because of failure to maintain such an agent or because the agent cannot be found or served with the exercise of reasonable…”
Baker v. Petway (1999)
“Section 48.061, Florida Statutes, governing service on partnerships and limited partnerships, provides in pertinent part: (2) Process against a domestic limited partnership may be served on any general partner or on the agent for service of process specified in its certificate…”
In Re Amendments to Rules of Civ. Proc. (1988)
“The former, general summons form is to be used for all other service by summons, including service under Florida Statutes § 48.061 (service on partnership), § 48.071 (service on agents of nonresidents doing business in the state), § 48.”
Cortez Development Co. v. New York Capital Group, Inc. (1981)
“NOTES [1] Section 48.061(3) provides that "[p]rocess against a foreign limited partnership shall be served on any general partner found in the state.”
— 48.061(1) — 4 cases
Mead v. HS76 Milton, LLC (2012)
“However, the court misconstrued the requirements of section 48.061(1), Florida Statutes, as they pertain to a limited liability company, and the default should not have been vacated as the appellant established proper service.”
BOATFLOAT® LLC v. Golia (2005)
“That reference takes us to section 48.061, Florida Statutes (2003), which addresses service of process on a partnership.”
— 48.061(2) — 9 cases
818 Asset Management, Inc. v. Neiman (2009)
“061(2), Florida Statutes (2007), governing service of process on partnerships provides that where "service cannot be made on [a partnership] agent because of failure to maintain such an agent or because the agent cannot be found or served with the exercise of reasonable…”
BOATFLOAT® LLC v. Golia (2005)
“That reference takes us to section 48.061, Florida Statutes (2003), which addresses service of process on a partnership.”
COUNTRY CLUBS, ETC v. Zaun Equipment, Inc. (1977)
“Appellant contends that FCC at the time of service of the writ of garnishment was no longer a corporate general partner of appellant and that § 48.061, Florida Statutes, does not permit process against a limited partnership by service on the resident agent of a former corporate…”
Baker v. Petway (1999)
“Section 48.061, Florida Statutes, governing service on partnerships and limited partnerships, provides in pertinent part: (2) Process against a domestic limited partnership may be served on any general partner or on the agent for service of process specified in its certificate…”
— 48.061(3) — 6 cases
H & F TIRES, LP v. D. Gladis Co., Inc. (2008)
“§ 48.061(3), Fla. Stat. (2002). Gladis's counsel testified that he did not serve the Secretary of State because H & F had failed to register as required under section 620.”
Bay City Management, Inc. v. Henderson (1988)
“Plaintiff's counsel did, however, file an "Affidavit of Compliance With Section 48.061, Florida Statutes" in which he referred to the issuance of this process and recited that copies thereof and the complaint were mailed to each of the appellants.”
Cortez Development Co. v. New York Capital Group, Inc. (1981)
“NOTES [1] Section 48.061(3) provides that "[p]rocess against a foreign limited partnership shall be served on any general partner found in the state.”
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