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

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

Court: Fla. | Date Filed: 2020-04-16T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2016-08-08T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2012-11-26T00:00:00-08:00

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… The appellant made service pursuant to section 48.061(1), Florida Statutes, which states that: Process…vacating the judgment, the court ruled that section 48.061(1) requires an attempt to serve a partner, and … comply with that requirement. Although section 48.061(1) does refer to service on a partner, and statutes…section 608.463(l)(a) allows service under section 48.061(1) “as if the limited liability company were a

In re Senate Joint Resolution of Legislative Apportionment 1176

Court: Fla. | Date Filed: 2012-03-09T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2011-12-02T00:00:00-08:00

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…registered agent with the Secretary of State. Sections 48.061 and 620.1117, Florida Statutes (2007), each authorized…personal service on a limited partnership. Section 48.061(2) stated: "If a general partner cannot be… alone applies in this case rather than section 48.061, and that section 620.1117(2) requires only the…addresses "partnership laws." Section 48.061 is entitled "service on partnerships and limited

1321 Whitfield, LLC v. Silverman

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-24T00:00:00-07:00

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…87 (Fla. 3d DCA 1999)). We conclude that section 48.061 can be read in harmony with section 49.021, and

818 Asset Management, Inc. v. Neiman

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-28T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2008-05-21T00:53:00-07:00

Citation: 981 So. 2d 647

Snippet: this case pursuant to the provisions of F.S. § 48.061(3) and F.S. § 48.071," and (4) "failed…erred in finding service proper under both section 48.061(3) and section 48.071, Florida Statutes (2002).…861 So.2d 1264, 1265 (Fla. 4th DCA 2003). Section 48.061(3) provides: Process against a foreign limited …be served as provided in ss. 48.071 and 48.21. § 48.061(3), Fla. Stat. (2002). Gladis's counsel testified

In Re Amendments to Rules of Civ. Procedure

Court: Fla. | Date Filed: 2007-09-27T00:53:00-07:00

Citation: 966 So. 2d 943

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

BOATFLOAT® LLC v. Golia

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-06T23:53:00-08:00

Citation: 915 So. 2d 288

Snippet: section of section 48.061 it chooses. Instead, section 608.463 limits the sections of 48.061 the trial court…partnership. That reference takes us to section 48.061, Florida Statutes (2003), which addresses service… and a foreign limited partnership. Id. Section 48.061(1) provides that service of process on a partnership…Golia urges us to look to subsection two of section 48.061 which discusses how service of process must be …the agent of the limited domestic partnership. § 48.061(2), Fla. Stat. While this is tempting, the language

Amendments to the Florida Rules of Civil Procedure

Court: Fla. | Date Filed: 2003-10-23T00:00:00-07:00

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: Fla. | Date Filed: 2000-10-05T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1999-08-25T00:00:00-07:00

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…obtains service on a partner as provided in section 48.061(2), Florida Statutes (1985), would not be barred…Statutes (1985), is virtually identical to section 48.061(2). No. 98-3429 District Court of Appeal

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

Court: Fla. | Date Filed: 1996-10-30T23:53:00-08:00

Citation: 682 So. 2d 105

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: Fla. Dist. Ct. App. | Date Filed: 1995-06-27T00:53:00-07:00

Citation: 656 So. 2d 1307

Snippet: ;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: Fla. Dist. Ct. App. | Date Filed: 1992-07-22T00:00:00-07:00

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 …over domestic limited partnership under section 48.061(2), Florida Statutes (1985), and authorizes it

In Re Amendments to Fla. Rules Civ. Proc.

Court: Fla. | Date Filed: 1992-07-16T00:53:00-07:00

Citation: 604 So. 2d 1110

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

Tampa Associates, Ltd. v. Miami Elevator Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-06-20T00:53:00-07:00

Citation: 545 So. 2d 458

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: Fla. | Date Filed: 1988-12-29T23:53:00-08:00

Citation: 536 So. 2d 974

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

Bay City Management, Inc. v. Henderson

Court: Fla. Dist. Ct. App. | Date Filed: 1988-09-29T00:00:00-07:00

Citation: 531 So. 2d 1013, 1988 WL 99521

Snippet: service of process upon appellants under sections 48.061(3) and 48.071, Florida Statutes (1985).[3] However…could not benefit from the provision in section 48.061(3) that service upon a general partner found within…summons, and the affidavit of compliance with section 48.061 referred to above), or have appellants now become… 32503." (emphasis supplied). [3] Section 48.061(3) provides: (3) Process against a foreign limited…file an "Affidavit of Compliance With Section 48.061, Florida Statutes" in which he referred to