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The 2025 Florida Statutes
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F.S. 48.061148.061 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 48.061
Total Results: 20
536 So. 2d 974
Supreme Court of Florida | Filed: Dec 30, 1988 | Docket: 1759905
Cited 9 times | Published
summons, including service under Florida Statutes §
48.061 (service on partnership), § 48.071 (service on
350 So. 2d 539, 1977 Fla. App. LEXIS 16964
District Court of Appeal of Florida | Filed: Oct 5, 1977 | Docket: 1712948
Cited 8 times | Published
corporate general partner of appellant and that § 48.061, Florida Statutes, does not permit process against
401 So. 2d 1163
District Court of Appeal of Florida | Filed: Aug 4, 1981 | Docket: 1686513
Cited 7 times | Published
is chargeable to him.
Affirmed.
NOTES
[1] Section 48.061(3) provides that "[p]rocess against a foreign
531 So. 2d 1013, 1988 WL 99521
District Court of Appeal of Florida | Filed: Sep 29, 1988 | Docket: 543887
Cited 5 times | Published
Henderson could not benefit from the provision in section 48.061(3) that service upon a general partner found
102 So. 3d 682, 2012 Fla. App. LEXIS 20234, 2012 WL 5907073
District Court of Appeal of Florida | Filed: Nov 26, 2012 | Docket: 60226747
Cited 3 times | Published
the court misconstrued the requirements of section 48.061(1), Florida Statutes, as they pertain to a
110 F.R.D. 528
District Court, S.D. Florida | Filed: May 6, 1986 | Docket: 66296908
Cited 3 times | Published
116 So.2d 444 (Fla. 2d DCA 1959). See, Fla.Stat. § 48.061 (West 1969).
This court agrees that class certification
79 So. 3d 67, 2011 Fla. App. LEXIS 19200, 2011 WL 6032692
District Court of Appeal of Florida | Filed: Dec 2, 2011 | Docket: 2353093
Cited 2 times | Published
State, asserting in a letter that, pursuant to section 48.061, Florida Statutes, "[w]e previously attempted
67 So. 3d 435, 2011 Fla. App. LEXIS 13337, 2011 WL 3685757
District Court of Appeal of Florida | Filed: Aug 24, 2011 | Docket: 60302111
Cited 2 times | Published
that section 48.061, Florida Statutes (2009), controls over section 49.021, because section 48.061 specifically
981 So. 2d 647, 2008 WL 2116927
District Court of Appeal of Florida | Filed: May 21, 2008 | Docket: 1515678
Cited 2 times | Published
in this case pursuant to the provisions of F.S. § 48.061(3) and F.S. § 48.071," and (4) "failed to present
915 So. 2d 288, 2005 WL 3299743
District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 1244552
Cited 2 times | Published
were a partnership. That reference takes us to section 48.061, Florida Statutes (2003), which addresses service
545 So. 2d 458, 1989 WL 65886
District Court of Appeal of Florida | Filed: Jun 20, 1989 | Docket: 1702916
Cited 2 times | Published
of the appellant partnership as required by section 48.061(3), Florida Statutes (1987). In defense of
468 So. 2d 344, 10 Fla. L. Weekly 971
District Court of Appeal of Florida | Filed: Apr 15, 1985 | Docket: 1402495
Cited 2 times | Published
partner cannot be found in Florida. See also Section 48.061(3), Florida Statutes.
In the instant case,
204 So. 3d 512
District Court of Appeal of Florida | Filed: Aug 8, 2016 | Docket: 63630611
Cited 1 times | Published
limited liability company were a partnership. And section 48.061(2), Fla. Stat. (2014), provides that process
517 So. 2d 775, 1988 WL 341
District Court of Appeal of Florida | Filed: Jan 6, 1988 | Docket: 540794
Cited 1 times | Published
obtains service on a partner as provided in section 48.061(2), Florida Statutes (1985), would not be barred
285 So. 2d 629
District Court of Appeal of Florida | Filed: Nov 6, 1973 | Docket: 1491378
Cited 1 times | Published
sufficient also as to the corporation. Likewise, § 48.061(1) F.S.A. provides that service upon one partner
22 So. 3d 659, 2009 Fla. App. LEXIS 16084, 2009 WL 3446609
District Court of Appeal of Florida | Filed: Oct 28, 2009 | Docket: 2510373
Published
chapter 48 or 49, as if [it] were a partnership.” Section 48.061(2), Florida Statutes (2007), governing service
740 So. 2d 1235, 1999 Fla. App. LEXIS 11565, 1999 WL 641434
District Court of Appeal of Florida | Filed: Aug 25, 1999 | Docket: 64790845
Published
Moons, 659 So.2d 474, 475 (Fla. 4th DCA 1995). Section 48.061, Florida Statutes, governing service on partnerships
602 So. 2d 685, 1992 Fla. App. LEXIS 7940, 1992 WL 170981
District Court of Appeal of Florida | Filed: Jul 22, 1992 | Docket: 64669013
Published
(plaintiff could not benefit from provision in section 48.061(3), Florida Statutes (1985), that service upon
369 So. 2d 441, 1979 Fla. App. LEXIS 14719
District Court of Appeal of Florida | Filed: Apr 10, 1979 | Docket: 64569483
Published
was not properly served in this cause under Section 48.061(1), Florida Statutes (1977), because the Florida
342 So. 2d 1072, 1977 Fla. App. LEXIS 15379
District Court of Appeal of Florida | Filed: Mar 1, 1977 | Docket: 64557307
Published
First Project Corporation, N.V. Pursuant to Section 48.061(2), Florida Statutes (1975)1, the sheriff was
