Florida Statutes
Fla. Stat. § 48.071 (2025)
Service on agents of nonresidents doing business in the state.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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148.071 Service on agents of nonresidents doing business in the state.—When any natural person or partnership not residing or having a principal place of business in this state engages in business in this state, process may be served on the person who is in charge of any business in which the defendant is engaged within this state at the time of service, including agents soliciting orders for goods, wares, merchandise, or services. Any process so served is as valid as if served personally on the nonresident person or partnership engaging in business in this state in any action against the person or partnership arising out of such business. A copy of such process with a notice of service on the person in charge of such business must be sent forthwith to the nonresident person or partnership by registered mail; by certified mail, return receipt requested; or by use of a commercial firm regularly engaged in the business of document or package delivery. The party seeking to effectuate service, or the attorney for such party, shall prepare an affidavit of compliance with this section which must be filed before the return day or within such further time as the court may allow.
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. 47.161.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1969–2025 · leading case: H & F TIRES, LP v. D. Gladis Co., Inc., 981 So. 2d 647 (Fla. 4th DCA 2008).
H & F TIRES, LP v. D. Gladis Co., Inc., 981 So. 2d 647 (Fla. 4th DCA 2008). “" § 48.071, Fla. Stat. (2002). Specifically, H & F contends: "The facts indicate that H & F never visited the property involved, and transacted all of its lease related business with Tire Kingdom's home office located elsewhere in Florida.”
Tucker v. Dianne Elec., Inc., 389 So. 2d 683 (Fla. 5th DCA 1980). “" § 48.071, Fla. Stat. (1979). The complaint in this case fails to allege that the defendant is engaged in any business *686 in Florida.”
Bay City Mgmt., Inc. v. Henderson, 531 So. 2d 1013 (Fla. 1st DCA 1988). “Under the circumstances present here no general partner in Florida Henderson could not benefit from the provision in section 48.”
Transp. & Gen. Ins. Co., Ltd. v. Receiverships of Ins. Exch. of Americas, Inc., 576 So. 2d 1351 (Fla. 1st DCA 1991). “Although service on an individual, as an officer or agent of appellant, might have been sufficient pursuant to section 48.071, Florida Statutes, if such service had been made on behalf of appellant, there is no indication in the record that service was so made.”
In Re Amendments to Fla. Rules Civ. Proc., 604 So. 2d 1110 (Fla. 1992). “061 (service on partnership), § 48.071 (service on agents of nonresidents doing business in the state), § 48.”
Monsour v. Balk, 705 So. 2d 968 (Fla. 2d DCA 1998). “Section 48.071, Florida Statutes (1995), sets forth the procedure for serving someone who does business in Florida, but has his principal place of business or residence in another state.”
In Re Amendments to Rules of Civ. Proc., 536 So. 2d 974 (Fla. 1988). “061 (service on partnership), § 48.071 (service on agents of nonresidents doing business in the state), § 48.”
COUNTRY CLUBS, ETC v. Zaun Equip., Inc., 350 So. 2d 539 (Fla. 1st DCA 1977). “Service of process may be made under §§ 48.071 and 48.21 on limited partnerships.”
Ginsberg v. Lamour, 711 So. 2d 182 (Fla. 4th DCA 1998). “On September 9,1997, Lamour moved for the entry of a default against Ginsberg based on his failure to appear after service on his agent pursuant to section 48.071, Florida Statutes (1995). The motion alleged that two different agents had been served, each at a different time.”
Boyd v. Boulevard Nat'l Bank, 306 So. 2d 551 (Fla. 3d DCA 1975). “setts Business Trust, who are the defendants in this action by the appellee to recover on a promissory note given to it by First Mortgage Investors, have filed an interlocutory appeal from an order denying their motions to dismiss by which they challenged the substituted service…”
Monsour v. Bruce BALK, A.I.A., P.A., 705 So. 2d 968 (Fla. 2d DCA 1998). “Section 48.071, Florida Statutes (1995), sets forth the procedure for serving someone who does business in Florida, but has his principal place of business or residence in another state.”
Ryder Truck Rental, Inc. v. All Ways Auto Transp., LLC (S.D. Fla. 2025). “Plaintiff maintains that service was proper under Rule 4(h)(1)(A) because Fla. Stat. § 48.071 and Fla. Stat. § 48.081 “allow[ ] service on corporate entities through their agents.”
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