Florida Statute 48.061 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

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F.S. 48.061

48.061 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.

Note.—Former s. 47.15.

F.S. 48.061 on Google Scholar

F.S. 48.061 on Casetext

Amendments to 48.061

Arrestable Offenses / Crimes under Fla. Stat. 48.061

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.061.

Annotations, Discussions, Cases:

Cases Citing Statute 48.061

Total Results: 20

Simmons v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-22

Snippet: " District of Columbia v. Wesby, 583 U.S. 48, 61 (2018) (quoting Gates, 462 U.S. at 243 n.13). The

In Re: Amendments to the Florida Rules of Civil Procedure - 2019 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2020-04-16

Snippet: service by summons, including service under sections 48.061 (service on partnership), 48.071 (service on agents

Green Emerald Homes, LLC v. Bank of New York Mellon

Court: District Court of Appeal of Florida | Date Filed: 2016-08-08

Citation: 204 So. 3d 512

Snippet: liability company were a partnership. And section 48.061(2), Fla. Stat. (2014), provides that process against

Mead v. HS76 Milton, LLC

Court: District Court of Appeal of Florida | Date Filed: 2012-11-26

Citation: 102 So. 3d 682, 2012 Fla. App. LEXIS 20234, 2012 WL 5907073

Snippet: court misconstrued the requirements of section 48.061(1), Florida Statutes, as they pertain to a limited

In re Senate Joint Resolution of Legislative Apportionment 1176

Court: Supreme Court of Florida | Date Filed: 2012-03-09

Citation: 83 So. 3d 597, 37 Fla. L. Weekly Supp. 181, 2012 Fla. LEXIS 507, 2012 WL 753122

Snippet: 06 percent of voters selected the Democrat and 48.61 percent selected the Republican. And, ironically

Twin Oaks Villas, Ltd. v. Joel D. Smith, L.L.C.

Court: District Court of Appeal of Florida | Date Filed: 2011-12-02

Citation: 79 So. 3d 67, 2011 Fla. App. LEXIS 19200, 2011 WL 6032692

Snippet: asserting in a letter that, pursuant to section 48.061, Florida Statutes, "[w]e previously attempted service

1321 Whitfield, LLC v. Silverman

Court: District Court of Appeal of Florida | Date Filed: 2011-08-24

Citation: 67 So. 3d 435, 2011 Fla. App. LEXIS 13337, 2011 WL 3685757

Snippet: section 48.061, Florida Statutes (2009), controls over section 49.021, because section 48.061 specifically

818 Asset Management, Inc. v. Neiman

Court: District Court of Appeal of Florida | Date Filed: 2009-10-28

Citation: 22 So. 3d 659, 2009 Fla. App. LEXIS 16084, 2009 WL 3446609

Snippet: or 49, as if [it] were a partnership.” Section 48.061(2), Florida Statutes (2007), governing service

H & F TIRES, LP v. D. Gladis Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2008-05-21

Citation: 981 So. 2d 647, 2008 WL 2116927

Snippet: this case pursuant to the provisions of F.S. § 48.061(3) and F.S. § 48.071," and (4) "failed to present

In Re Amendments to Rules of Civ. Procedure

Court: Supreme Court of Florida | Date Filed: 2007-09-27

Citation: 966 So. 2d 943, 32 Fla. L. Weekly Supp. 606, 2007 Fla. LEXIS 1788, 2007 WL 2790745

Snippet: service by summons, including service under sections 48.061 (service on partnership), 48.071 (service on agents

BOATFLOAT® LLC v. Golia

Court: District Court of Appeal of Florida | Date Filed: 2005-12-07

Citation: 915 So. 2d 288, 2005 WL 3299743

Snippet: partnership. That reference takes us to section 48.061, Florida Statutes (2003), which addresses service

Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2003-10-23

Citation: 858 So. 2d 1013, 28 Fla. L. Weekly Supp. 797, 2003 Fla. LEXIS 1779, 2003 WL 22410375

Snippet: service by summons, including service under sections 48.061 (service on partnership), 48.071 (service on agents

Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2000-10-05

Citation: 773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Snippet: service by summons, including service under sections 48.061 (service on partnership), 48.071 (service on agents

Baker v. Petway

Court: District Court of Appeal of Florida | Date Filed: 1999-08-25

Citation: 740 So. 2d 1235, 1999 Fla. App. LEXIS 11565, 1999 WL 641434

Snippet: 659 So.2d 474, 475 (Fla. 4th DCA 1995). Section 48.061, Florida Statutes, governing service on partnerships

In Re Amend. to Fla. Rules of Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1996-10-31

Citation: 682 So. 2d 105, 1996 WL 627562

Snippet: service by summons, including service under sections 48.061 (service on partnership), 48.071 (service on agents

CITRUS CTY. v. Southern States Utilities

Court: District Court of Appeal of Florida | Date Filed: 1995-06-27

Citation: 656 So. 2d 1307

Snippet: SSU's annual revenue from its water systems, and a 48.61% increase in revenue from its wastewater systems

Brinkley, McNerney, Morgan & Solomon v. Community Acres Associates, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 1992-07-22

Citation: 602 So. 2d 685, 1992 Fla. App. LEXIS 7940, 1992 WL 170981

Snippet: (plaintiff could not benefit from provision in section 48.061(3), Florida Statutes (1985), that service upon

In Re Amendments to Fla. Rules Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1992-07-16

Citation: 604 So. 2d 1110, 1992 WL 163953

Snippet: including service under Florida Statutes § sections 48.061 (service on partnership), § 48.071 (service on

Tampa Associates, Ltd. v. Miami Elevator Co.

Court: District Court of Appeal of Florida | Date Filed: 1989-06-20

Citation: 545 So. 2d 458, 1989 WL 65886

Snippet: the appellant partnership as required by section 48.061(3), Florida Statutes (1987). In defense of its

In Re Amendments to Rules of Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 1988-12-30

Citation: 536 So. 2d 974

Snippet: summons, including service under Florida Statutes § 48.061 (service on partnership), § 48.071 (service on