Florida Statutes

Fla. Stat. § 48.061 (2025)

Service on partnerships, limited liability partnerships, and limited partnerships.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

(b) If, after due diligence, the process cannot be completed under paragraph (a), the process may be served as provided in s. 48.161 on the Secretary of State as an agent of the domestic limited liability partnership or by order of the court under s. 48.102.

(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.

(b) If, after due diligence, the process cannot be completed under paragraph (a), then process may be served as provided in s. 48.161 on the Secretary of State as an agent of the limited partnership or by order of the court under s. 48.102.

(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).

(b) A foreign limited liability partnership engaging in business in this state but 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.

(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).

(b) A foreign limited partnership engaging in business in this state but 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.

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, 102 So. 3d 682 (Fla. 1st DCA 2012).

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Mead v. HS76 Milton, LLC, 102 So. 3d 682 (Fla. 1st DCA 2012). · cites it 8× “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, 915 So. 2d 288 (Fla. 4th DCA 2005). · cites it 9× “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., 981 So. 2d 647 (Fla. 4th DCA 2008). · cites it 6× “§ 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 Mgmt., Inc. v. Henderson, 531 So. 2d 1013 (Fla. 1st DCA 1988). · cites it 5× “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, 67 So. 3d 435 (Fla. 2d DCA 2011). · cites it 4× “) 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., 79 So. 3d 67 (Fla. 1st DCA 2011). · cites it 7× “” 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, 110 F.R.D. 528 (S.D. Fla. 1986). · cites it 2× “See, Fla.Stat. § 48.061 (West 1969). This court agrees that class certification is proper.”

COUNTRY CLUBS, ETC v. Zaun Equip., Inc., 350 So. 2d 539 (Fla. 1st DCA 1977). · cites it 2× “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 Mgmt., Inc. v. Neiman, 22 So. 3d 659 (Fla. 3d DCA 2009). · cites it 4× “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, 740 So. 2d 1235 (Fla. 1st DCA 1999). · cites it 5× “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., 536 So. 2d 974 (Fla. 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 Dev. Co. v. New York Capital Grp., Inc., 401 So. 2d 1163 (Fla. 3d DCA 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.”

Show all 22 citing cases →

— 48.061(1) — 4 cases

Mead v. HS76 Milton, LLC, 102 So. 3d 682 (Fla. 1st DCA 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.”

Touche Ross & Co. v. Canaveral Int'l Corp., 369 So. 2d 441 (Fla. 3d DCA 1979).

Boatfloat® LLC v. Golia, 915 So. 2d 288 (Fla. 4th DCA 2005). “That reference takes us to section 48.061, Florida Statutes (2003), which addresses service of process on a partnership.”

Heritage Corp. of So. Fla. v. Apt. Invest., Inc., 285 So. 2d 629 (Fla. 3d DCA 1973).

— 48.061(2) — 9 cases

818 Asset Mgmt., Inc. v. Neiman, 22 So. 3d 659 (Fla. 3d DCA 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, 915 So. 2d 288 (Fla. 4th DCA 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 Equip., Inc., 350 So. 2d 539 (Fla. 1st DCA 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…”

Green Emerald Homes, LLC v. Bank of New York Mellon, 204 So. 3d 512 (Fla. 4th DCA 2016).

Baker v. Petway, 740 So. 2d 1235 (Fla. 1st DCA 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., 981 So. 2d 647 (Fla. 4th DCA 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 Mgmt., Inc. v. Henderson, 531 So. 2d 1013 (Fla. 1st DCA 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.”

Tampa Assocs., Ltd. v. Miami Elevator Co., 545 So. 2d 458 (Fla. 3d DCA 1989).

Brittany Ltd. v. Brittany of Michigan, 468 So. 2d 344 (Fla. 1st DCA 1985).

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