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Florida Statute 48.071 | Lawyer Caselaw & Research
F.S. 48.071 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 48.071

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 48
PROCESS AND SERVICE OF PROCESS
View Entire Chapter
F.S. 48.071
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 shall be sent forthwith to the nonresident person or partnership by registered or certified mail, return receipt requested. An affidavit of compliance with this section shall be filed before the return day or within such further time as the court may allow.
History.—s. 1, ch. 59-280; s. 4, ch. 67-254; s. 273, ch. 95-147; s. 4, ch. 2022-190.
1Note.—Section 4, ch. 2022-190, amended s. 48.071, effective January 2, 2023, to read:

48.071 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.

Note.—Former s. 47.161.

F.S. 48.071 on Google Scholar

F.S. 48.071 on Casetext

Amendments to 48.071


Arrestable Offenses / Crimes under Fla. Stat. 48.071
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.071.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. In re Amendments to Fla. Rules of Civil Procedure-2019 Regular-Cycle Report

    292 So. 3d 660 (Fla. 2019)   Cited 1 times
    The former, general summons form is to be used for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 (service on agents of nonresidents doing business in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 (service on public agencies or officers), 48.121 (service on the state), 48.131 (service on alien property custodian), 48.141 (service on labor unions), 48.151 (service on statutory agents for certain purposes), Florida Statutes, and all statutes providing for substituted service on the secretary of state.
    PAGE 675

  2. EASY FLY S.A.L. v. AVENTURA AVIATION, INC.

    CASE NO. 10-60247-CIV-LENARD/TURNOFF (S.D. Fla. Nov. 9, 2010)
    The Complaint asserts that Gayer was the alter-ego of Aventura and a point of contact between Easy Fly and Aventura. (Id. at ¶¶ 6, 10.) With respect to Gayer, the Complaint asserts that he is subject to the jurisdiction of this Court pursuant to Florida Statutes §§ 48.071, 48.181, and 48.194. (Id. at ¶ 5.) Furthermore, the Complaint states, "[t]his Complaint arises from Defendants' business activities in Florida." (Id. at ¶ 7.) The Complaint does not contain any other allegations relating to Gayer's connection to Florida or any conduct that occurred in Florida.
    PAGE 3

  3. H F v. D. Gladis

    981 So. 2d 647 (Fla. Dist. Ct. App. 2008)
    H F argues that service on Tire Kingdom's manager was improper under section 48.071 because the manager was not a person "in charge of any business in which the defendant is engaged within this state at the time of service." § 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." We agree that service on the Tire Kingdom manager was improper under section 48.071.
    PAGE 650

  4. In re Amendments

    966 So. 2d 943 (Fla. 2007)   Cited 1 times
    The former, general summons form is to be used for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 (service on agents of nonresidents doing business in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 (service on public agencies or officers), 48.121 (service on the state), 48.131 (service on alien property custodian), 48.141 (service on labor unions), 48.151 (service on statutory agents for certain purposes), Florida Statutes, and all statutes providing for substituted service on the secretary of state.
    PAGE 956

  5. Amendments to the Florida Rules of Civil Procedure

    858 So. 2d 1013 (Fla. 2003)   Cited 5 times
    The former, general summons form is to be used for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 (service on agents of nonresidents doing business in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 (service on public agencies or officers), 48.121 (service on the state), 48.131 (service on alien property custodian), 48.141 (service on labor unions), 48.151 (service on statutory agents for certain purposes), Florida Statutes, and all statutes providing for substituted service on the secretary of state.
    PAGE 1041

  6. Ginsberg v. Lamour

    711 So. 2d 182 (Fla. Dist. Ct. App. 1998)   Cited 4 times
    This is a personal injury action in which appellee, Mirielle Lamour, seeks damages on behalf of her son resulting from injuries he sustained when he fell through the railing of an apartment balcony. Ginsberg is alleged to be the owner of the apartment complex. By orders dated January 29, and May 13, 1997, the trial court quashed two attempts at service of process on Ginsberg. 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. In response, Ginsberg filed a motion to quash service of process, attacking service on the agents. Also, Ginsberg filed a "response to plaintiffs [sic] motion for entry of default" incorporating his affidavit, which asserted that the persons served were not his agents at the time of service. The response referenced the motion to quash in arguing that default was improper. The last paragraph of the response stated that Ginsberg had "meritorious defenses including but not limited to lack of negligence, comparative negligence…

  7. Monsour v. Bruce BALK, A.I.A., P.A.

    705 So. 2d 968 (Fla. Dist. Ct. App. 1998)   Cited 6 times
    If the allegations in Dr. Monsour's and his son's affidavits are true, Balk did not obtain service on Dr. Monsour. Balk argues that he obtained substituted service by serving Dr. Monsour's son. Section 48.031 (1)(a), Florida Statutes (1995), provides for service of process by delivery to the person at their regular abode with any person residing therein who is fifteen years or older. This does not apply because Dr. Monsour's regular place of abode is in Pennsylvania. Furthermore, Balk did not obtain service by service on an agent of a nonresident doing business in this state. 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. Balk failed to follow any of these procedures.
    PAGE 970

  8. In re Amendments to Florida Rules of Civil Procedure

    682 So. 2d 105 (Fla. 1996)   Cited 35 times

    Defendant's Representative Committee Notes 1988 Amendment. 48.031 48.041 48.042 48.051 48.183 48.194 48.061 48.071 48.081 48.101 48.111 48.121 48.131 48.141 48.151 1992 Amendment. 1996 Amendment. Form 1.902(c) was

  9. In re Amendments to the Florida Rules of Civil Procedure

    604 So. 2d 1110 (Fla. 1992)   Cited 23 times

    48.041 § 48.042 § 48.051 § 48.183 § 48.194Florida Statutes. Florida Statutes § sections 48.061 § 48.071 § 48.081 § 48.101 § 48.111 § 48.121 § 48.131 § 48.141 § 48.151Florida Statutes, S s S s C c 1992

  10. Brinkley, McNerney v. Community Acres

    602 So. 2d 685 (Fla. Dist. Ct. App. 1992)
    During the course of the original litigation both parties eventually accepted the proposition that Ginsberg could not be required to answer for that portion of the legal fees for which he was jointly liable with the partnerships as their general partner since personal service of process had not been perfected on him in Florida and the partnerships were never brought into that litigation by service of process. This was correct as a general proposition of partnership law. See Bay City Mgt, Inc. v. Henderson, 531 So.2d 1013, 1015 (Fla. 1st DCA 1988) (plaintiff could not benefit from provision in section 48.061(3), Florida Statutes (1985), that service upon a general partner found in Florida "is as valid as if served on each individual member of the partnership" where general partners were not in and not served in Florida, thus service issued to foreign limited partnership pursuant to section 48.071, Florida Statutes (1985), was service upon the partnership but not upon the general partners); see also Louis Benito Advertising, Inc. v. Brown, 517 So.2d 775, 776 (Fla. 2d DCA 1988) (service of process on one partner gives court jurisdiction over domestic limited partnership…

Cases from cite.case.law:

H F TIRES, L. P. a v. D. GLADIS COMPANY, INC. a a CW a a, 981 So. 2d 647 (Fla. Dist. Ct. App. 2008)

. . . . § 48.071,” and (4) “failed to present any evidence of excusable neglect or promptly moving [sic] to . . . We agree that service on the Tire Kingdom manager was improper under section 48.071. . . . Moreover, Gladis failed to comply with the last two requirements of section 48.071. . . . Section 48.071 requires in pertinent part that: A copy of such process with a notice of service on the . . . Thus, there is no proof that Gladis fully complied with section 48.071. . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 966 So. 2d 943 (Fla. 2007)

. . . for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE TWO YEAR CYCLE, 858 So. 2d 1013 (Fla. 2003)

. . . for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 . . .

GINSBERG, v. LAMOUR, a, 711 So. 2d 182 (Fla. Dist. Ct. App. 1998)

. . . default against Ginsberg based on his failure to appear after service on his agent pursuant to section 48.071 . . .

Dr. G. MONSOUR, v. BALK, A. I. A. P. A., 705 So. 2d 968 (Fla. Dist. Ct. App. 1998)

. . . Section 48.071, Florida Statutes (1995), sets forth the procedure for serving someone who does business . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 682 So. 2d 105 (Fla. 1996)

. . . for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 . . .

BRINKLEY, McNERNEY, MORGAN SOLOMON, v. COMMUNITY ACRES ASSOCIATES, LTD. I, 602 So. 2d 685 (Fla. Dist. Ct. App. 1992)

. . . in and not served in Florida, thus service issued to foreign limited partnership pursuant to section 48.071 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 604 So. 2d 1110 (Fla. 1992)

. . . by summons, including service under Florida-Statutes § sections 48.061 (service on partnership), §-48.071 . . .

T. MOLO, M. D. v. BELCHER, 603 So. 2d 11 (Fla. Dist. Ct. App. 1992)

. . . that personal jurisdiction over the appellant was not in compliance with the requirements of section 48.071 . . . Section 48.071, Florida Statutes, provides in pertinent part as follows: When any natural person or partnership . . .

TRANSPORT GENERAL INSURANCE COMPANY, LTD. v. RECEIVERSHIPS OF INSURANCE EXCHANGE OF THE AMERICAS, INC. a A. I. B. a a a a a a a, 576 So. 2d 1351 (Fla. Dist. Ct. App. 1991)

. . . an individual, as an officer or agent of appellant, might have been sufficient pursuant to section 48.071 . . .

HEINZ PAVING ASPHALT COMPANY, INC. a v. JAROSZ CONSTRUCTION COMPANY, INC. a d b a L. A. R. d b a R. R. E. a a, 541 So. 2d 115 (Fla. Dist. Ct. App. 1989)

. . . Gohmann’s attorney-in-fact, pursuant to the provisions for substituted service provided in section 48.071 . . . Section 48.071, Florida Statutes, is entitled, “Service on agents of nonresidents doing business in the . . . Under 48.071 process may be served on the agent or person who is in charge of any business in which the . . . Gohmann contends that section 48.071 requires that the agent of the defendant be served in Florida. . . .

In AMENDMENTS TO RULES OF CIVIL PROCEDURE, 536 So. 2d 974 (Fla. 1988)

. . . other service by summons, including service under Florida Statutes § 48.061 (service on partnership), § 48.071 . . .

BAY CITY MANAGEMENT, INC. v. HENDERSON, Jr., 531 So. 2d 1013 (Fla. Dist. Ct. App. 1988)

. . . Henderson attempted to effect service of process upon appellants under sections 48.061(3) and 48.071, . . . Further, Henderson’s attempt to invoke the provisions of section 48.071 are to no avail, for two reasons . . . First, that provision (48.071) by its terms applies only to service on nonresident natural persons, or . . . Since neither Bay City nor Tidewater are natural persons or partnerships, service under section 48.071 . . . The second, and more fundamental reason why service of process was not effected under section 48.071 . . .

L. TUCKER, v. DIANNE ELECTRIC, INC., 389 So. 2d 683 (Fla. Dist. Ct. App. 1980)

. . . Service under section 48.071 requires proof that copies of the process were sent by registered or certified . . . On August 25, 1978, the plaintiff belatedly filed the proof of service pursuant to section 48.071; but . . . The “reach” of section 48.071 is considerably “shorter” than section 48.193. . . . The defendant further challenged the jurisdictional basis under section 48.071 through Joyce’s affidavit . . . Fla.R.App.P. 9.I30(a)(3)(C)(i). . §§ 48.071 and 48.193, Fla.Stat. (1979). . . . .

COUNTRY CLUBS OF SARASOTA, LTD. v. ZAUN EQUIPMENT, INC., 350 So. 2d 539 (Fla. Dist. Ct. App. 1977)

. . . Service of process may be made under §§ 48.071 and 48.21 on limited partnerships.” . . .

COOPER PLAZA LTD. a v. NIDETCH, 342 So. 2d 1072 (Fla. Dist. Ct. App. 1977)

. . . Service of process may be made under §§ 48.071 and 48.21 on limited partnerships.” . . .

WITTENBERG, v. TILFORD, 330 So. 2d 216 (Fla. Dist. Ct. App. 1976)

. . . . § 48.071. No other type of process was issued. . . .

BOYD v. BOULEVARD NATIONAL BANK, a, 306 So. 2d 551 (Fla. Dist. Ct. App. 1975)

. . . upon them, made by serving a local agent on the theory of their doing business in this state, under § 48.071 . . .

E. LIPMAN, v. ZUK,, 244 So. 2d 496 (Fla. Dist. Ct. App. 1970)

. . . order appealed on the grounds that the service of process made upon appellant’s agent pursuant to § 48.071 . . . that appellant was doing business in Florida so as to make her amenable to service of process under § 48.071 . . .

B. MEISELMAN, S. L. A. v. H. McKNIGHT, Jr., 226 So. 2d 437 (Fla. Dist. Ct. App. 1969)

. . . Florida Statutes pertaining to service of process on nonresident individuals, and particularly section 48.071 . . .