Florida Statute 48.062 | 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. 48.062

48.062 Service on a domestic limited liability company or registered foreign limited liability company.—

(1) As used in this section, the term “registered foreign limited liability company” means a foreign limited liability company that has an active certificate of authority to transact business in this state pursuant to a record filed with the Department of State.

(2) A domestic limited liability company or registered foreign limited liability company may be served with process required or authorized by law by service on its registered agent designated by the domestic limited liability company or registered foreign limited liability company under chapter 605.

(3) If service cannot be made on a registered agent of the domestic limited liability company or registered foreign limited liability company because the domestic limited liability company or registered foreign limited liability company ceases to have a registered agent, or if the registered agent of the domestic limited liability company or registered foreign limited liability company cannot otherwise be served after one good faith attempt because of a failure to comply with this chapter or chapter 605, the process may be served on any of the following:

(a) Any manager of a manager-managed domestic limited liability company or registered foreign limited liability company.

(b) Any member of a member-managed domestic limited liability company or registered foreign limited liability company.

(c) Any person listed publicly by the domestic limited liability company or registered foreign limited liability company on its latest annual report, as most recently amended.

(4) If, after due diligence, the process cannot be completed under subsection (2) and if either:

(a) The only person listed publicly by the domestic limited liability company or registered foreign limited liability company on its latest annual report, as most recently amended, is also the registered agent on whom service was attempted under subsection (2); or

(b) After due diligence, service was attempted on at least one person listed publicly by the domestic limited liability company or registered foreign limited liability company on its latest annual report, as most recently amended, and cannot be completed on such person under subsection (3),

the service of process may be served as provided in s. 48.161 on the Secretary of State as an agent of the domestic limited liability company or the registered foreign limited liability company or by order of the court under s. 48.102.

(5) If the address for the registered agent or any person listed publicly by the domestic limited liability company or registered foreign limited liability company on its latest annual report, as most recently amended, is a residence, a private mailbox, a virtual office, or an executive office or mini suite, service on the domestic limited liability company or registered foreign limited liability company may be made by serving any of the following:

(a) The registered agent of the domestic limited liability company or registered foreign limited liability company, in accordance with s. 48.031.

(b) Any person listed publicly by the domestic limited liability company or registered foreign limited liability company on its latest annual report, as most recently amended, in accordance with s. 48.031.

(c) Any member or manager of the domestic limited liability company or registered foreign limited liability company, in accordance with s. 48.031.

(6) A foreign limited liability company engaging in business in this state which is 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.

(7) This section does not apply to service of process on insurance companies.

History.—s. 3, ch. 2013-180; s. 13, ch. 2015-148; s. 5, ch. 2019-67; s. 3, ch. 2022-190.

F.S. 48.062 on Google Scholar

F.S. 48.062 on Casetext

Amendments to 48.062

Arrestable Offenses / Crimes under Fla. Stat. 48.062

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.062.

Annotations, Discussions, Cases:

Cases Citing Statute 48.062

Total Results: 14

KMG PROPERTIES, LLC v. OWL CONSTRUCTION, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-04-24

Snippet: properly effect service of process. Under section 48.062(2), Florida Statutes (2023),1 "[a] domestic

PEACEFUL PAWS MEMORIAL SERVICES LLC v. KAREN TARVES

Court: District Court of Appeal of Florida | Date Filed: 2023-08-02

Snippet: that it was not properly served under section 48.062(1), Florida Statutes, which applies to process

CHARLES DAVIS v. BANK OF AMERICA, N. A.

Court: District Court of Appeal of Florida | Date Filed: 2022-09-30

Snippet: of process of that pleading to C&K. See § 48.062, Fla. Stat. (2021) (providing acceptable methods

OTTAWA PROPERTIES 1 LLC v. US BANK, NA, etc.

Court: District Court of Appeal of Florida | Date Filed: 2021-02-03

Snippet: or its manager’s address, pursuant to section 48.062, Florida Statutes, before effecting substitute

GREEN EMERALD HOMES, LLC v. GREEN TREE SERVICING LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-11-15

Citation: 230 So. 3d 607

Snippet: 48,161(1), Florida Statutes (2016). Section 48.062(3), Florida ■ Statutes (2016), authorizes substitute

Green Emerald Homes, LLC v. Federal National Mortgage Association

Court: District Court of Appeal of Florida | Date Filed: 2017-08-02

Citation: 224 So. 3d 799, 2017 Fla. App. LEXIS 10967, 2017 WL 3271624

Snippet: from our own review of chapter 48 that section 48.062 provides for service on limited liability companies

Green Emerald Homes, LLC v. Nationstar Mortgage, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-02-17

Citation: 210 So. 3d 263, 2017 WL 650961, 2017 Fla. App. LEXIS 2147

Snippet: department as an agent of the company.”); see also § 48.062(3) (providing that if service of process cannot

Green Emerald Homes, LLC v. PNC Bank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2017-01-13

Citation: 207 So. 3d 1027, 2017 Fla. App. LEXIS 297

Snippet: on the Secretary of State pursuant to sections 48.062(3) and 48.161(1), Florida Statutes (2014). We reverse

Jupiter House, LLC v. Deutsche Bank National Trust Co.

Court: District Court of Appeal of Florida | Date Filed: 2016-08-24

Citation: 198 So. 3d 1122, 2016 Fla. App. LEXIS 12808, 2016 WL 4468146

Snippet: Golia, 915 So.2d 288 (Fla. 4th DCA 2005). Section 48.062(1), Florida Statutes (2014), provides that process

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: specifically provide for service on LLCs. See § 48.062, Fla. Stat, (2015). However, the Bank did not avail

State v. Fitzpatrick

Court: Supreme Court of Florida | Date Filed: 2013-06-27

Citation: 118 So. 3d 737, 38 Fla. L. Weekly Supp. 459, 2013 WL 3214428, 2013 Fla. LEXIS 1312

Snippet: Fitzpatrick’s defense. See Bell v. State, 965 So.2d 48, 62 (Fla.2007). “One of the primary duties defense

Ridel v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-08-06

Citation: 990 So. 2d 581, 2008 WL 2986472

Snippet: assist his or her client," Bell v. State, 965 So.2d 48, 62 (Fla.2007), "[t]rial counsel cannot be deemed ineffective

Pahud v. State

Court: District Court of Appeal of Florida | Date Filed: 1979-04-25

Citation: 370 So. 2d 66

Snippet: (1874); United States v. Pridgeon, *68 153 U.S. 48, 62, 14 S.Ct. 746, 38 L.Ed. 631 (1894); Duggins v.

Pugh v. Bowden

Court: Supreme Court of Florida | Date Filed: 1907-06-15

Citation: 54 Fla. 302

Snippet: trial by jury. Commonwealth v. Fisher, 213 Pa. St. 48, 62 Atl. Rep. 198, 5 Amer. & Eng. Anno. Cases 92. In