Florida Statutes

Fla. Stat. § 48.062 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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

²(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.

²(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.

²(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; s. 1, ch. 2025-162.

¹Note.—

A. 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.”

B. Section 1, ch. 2025-162, added new subsections (7)-(10), effective July 1, 2026, to read:

(7) Service of a summons and complaint on a series limited liability company is notice to each protected series of the series limited liability company of service of the summons and complaint and the contents of the complaint.

(8) Service of a summons and complaint on a protected series of a series limited liability company is notice to the series limited liability company and any other protected series of the series limited liability company of service of the summons and complaint and the contents of the complaint.

(9) Service of a summons and complaint on a registered foreign series limited liability company is notice to each registered foreign protected series of the registered foreign series limited liability company of service of the summons and complaint and the contents of the complaint.

(10) Service of a summons and complaint on a registered foreign protected series of a foreign series limited liability company is notice to the foreign series limited liability company and to any other registered foreign protected series of the foreign series limited liability company of service of the summons and complaint and the contents of the complaint.

²Note.—Section 1, ch. 2025-162, amended subsections (1) and (6) and redesignated present subsection (7) as subsection (11), effective July 1, 2026, to read:

(1) As used in this section, the term:

(a) “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.

(b) “Registered foreign protected series of a foreign series limited liability company” means a protected series of a foreign series 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.

(c) “Registered foreign series limited liability company” means a foreign series 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.

* * * * *

(6) A foreign limited liability company, foreign series limited liability company, or foreign protected series of a foreign series 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.

* * * * *

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

Notes of Decisions

Cited in 96 cases (84 in the last 5 years), 2016–2026 · leading case: Jupiter House, LLC v. Deutsche Bank Nat'l Trust Co., 198 So. 3d 1122 (Fla. 4th DCA 2016).

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Jupiter House, LLC v. Deutsche Bank Nat'l Trust Co., 198 So. 3d 1122 (Fla. 4th DCA 2016). · cites it 6× “to- guide the Secretary, or detail the specific action to be taken, we look to section 48.062’s reference to section 48.”

Green Emerald Homes, LLC v. Fed. Nat'l Mortg. Ass'n, 224 So. 3d 799 (Fla. 2d DCA 2017). · cites it 3× “, service of process may be effected by service upon the Secretary of State as agent of the limited liability company as provided for in s.”

Green Emerald Homes, LLC v. Bank of New York Mellon, 204 So. 3d 512 (Fla. 4th DCA 2016). · cites it 2× “See § 48.062, Fla. Stat, (2015). However, the Bank did not avail itself of service pursuant to this section and used constructive service instead.”

McGlynn v. Miami Diario LLC (S.D. Fla. 2023). · cites it 24× “Applicable Service Statutes The relevant service statutes, Fla. Stat. §§ 48.062 , 48.161 and 48.181, were recently amended, effective January 2, 2023.”

GS Holistic, LLC v. Huff & Puff Smoke Shop LLC (M.D. Fla. 2023). · cites it 21× “See Fla. Stat. § 48.062 . That statute sets forth a hierarchy of persons who may accept service on an LLC's behalf.”

Green Emerald Homes, LLC v. Nationstar Mortg., LLC, 210 So. 3d 263 (Fla. 2d DCA 2017). “”); see also § 48.062(3) (providing that if service of process cannot be completed on a registered agent, “service of process may be effected by service upon *265 the Secretary of State as agent of the limited liability company”).”

Green Emerald Homes, LLC v. Green Tree Servicing LLC, 230 So. 3d 607 (Fla. 4th DCA 2017). “Section 48.062(3), Florida ■ Statutes (2016), authorizes substitute service on a limited liability company’ (“LLC”) through the Secretary of State if the plaintiff has already made reasonably diligent efforts to serve the LLC under sections 48.”

Cohan v. Cape Canaveral Foods Grp. LLC (M.D. Fla. 2022). · cites it 15× “See Fla. Stat. § 48.062 (1). If the LLC has no registered agent or if the plaintiff cannot with reasonable diligence serve the registered agent, subsection (2) allows the plaintiff to serve specified members, managers, or designated employees of the LLC.”

Viral DRM, LLC v. Hardee Broad. LLC (M.D. Fla. 2024). · cites it 15× “Fla. Stat. Ann. § 48.062 (2). “Every . . .”

Belotti v. Pizzeria Italia LLC (M.D. Fla. 2023). · cites it 10× “Fla. Stat. § 48.062 (1). Moreover, § 48.062(2) allows substituted service on a manager, member, or designated employee of the LLC if the registered agent cannot with reasonable diligence be served.”

Viral DRM, LLC v. Hardee Broad. LLC (M.D. Fla. 2024). · cites it 8× “On March 19, 2024, the Court granted the motion in part, directing Plaintiff, within 60 days, to serve the Secretary of State as an agent of Defendant in compliance with Fla. Stat. § 48.062 (4) and Fla. Stat. § 48.”

Robinson (M.D. Fla. 2026). · cites it 8× “27, 2024); see Fla. Stat. § 48.062 (2). The statute states: If, after due diligence, the process cannot be completed under subsection (2) [on the LLC’s registered agent], and if either: (a) The only person listed publicly by the .”

Show all 96 citing cases →

— 48.062(1) — 13 cases

Jupiter House, LLC v. Deutsche Bank Nat'l Trust Co., 198 So. 3d 1122 (Fla. 4th DCA 2016). “to- guide the Secretary, or detail the specific action to be taken, we look to section 48.062’s reference to section 48.”

Sawicki v. Tampa Hyde Park Cafe' Props., LLC (M.D. Fla. 2022).

Cohan v. Cape Canaveral Foods Grp. LLC (M.D. Fla. 2022). “See Fla. Stat. § 48.062 (1). If the LLC has no registered agent or if the plaintiff cannot with reasonable diligence serve the registered agent, subsection (2) allows the plaintiff to serve specified members, managers, or designated employees of the LLC.”

Am. Steel Trade Corp. v. Metalhouse, LLC (M.D. Fla. 2022).

GS Holistic, LLC v. Huff & Puff Smoke Shop LLC (M.D. Fla. 2023). “See Fla. Stat. § 48.062 . That statute sets forth a hierarchy of persons who may accept service on an LLC's behalf.”

— 48.062(2) — 14 cases

Kmg Props., LLC v. Owl Constr., LLC (Fla. 2d DCA 2024).

McNeil v. Saljanin, LLC (M.D. Fla. 2025).

GS Holistic, LLC v. Huff & Puff Smoke Shop LLC (M.D. Fla. 2023). “See Fla. Stat. § 48.062 . That statute sets forth a hierarchy of persons who may accept service on an LLC's behalf.”

Belotti v. Pizzeria Italia LLC (M.D. Fla. 2023). “Fla. Stat. § 48.062 (1). Moreover, § 48.062(2) allows substituted service on a manager, member, or designated employee of the LLC if the registered agent cannot with reasonable diligence be served.”

— 48.062(2)(a) — 1 case

— 48.062(3) — 10 cases

Green Emerald Homes, LLC v. Fed. Nat'l Mortg. Ass'n, 224 So. 3d 799 (Fla. 2d DCA 2017). “, service of process may be effected by service upon the Secretary of State as agent of the limited liability company as provided for in s.”

Kelly (N.D. Fla. 2026).

— 48.062(3)(a) — 2 cases

Cohan v. RFRG Waterford, LLC (M.D. Fla. 2023).

Nautilus Ins. Co. v. Elite Prot., LLC (S.D. Fla. 2023).

— 48.062(4) — 4 cases

Wagner v. Inmobiliaria Prop. Holdings Corp. (M.D. Fla. 2023).

Gonzalez v. Royse Servs. LLC (M.D. Fla. 2025).

La Rocca v. CSX Cloud LLC (M.D. Fla. 2022).

Cohan v. RP I-Drive LLC (M.D. Fla. 2025).

— 48.062(5) — 3 cases

Campbell v. ADW Consulting, LLC (M.D. Fla. 2024).

Pereira v. Cutting Edge Landscaping & Servs. LLC (M.D. Fla. 2024).

Certain Underwriters at Lloyd's of London Subscribing to Policy No. AMR-38162-02 v. S. Fiber of Orlando, LLC (M.D. Fla. 2025).

— 48.062(6) — 1 case

Gilliard (M.D. Fla. 2026).

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