Florida Statute 48.081 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

View Entire Chapter

F.S. 48.081

48.081 Service on a domestic corporation or registered foreign corporation.—

(1) As used in this section, the term “registered foreign corporation” means a foreign corporation 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 corporation or registered foreign corporation may be served with process required or authorized by law by service on its registered agent designated by the corporation under chapter 607 or chapter 617, as applicable.

(3) If service cannot be made on a registered agent of the domestic corporation or registered foreign corporation because the domestic corporation or registered foreign corporation ceases to have a registered agent, or if the registered agent of the domestic corporation or registered foreign corporation cannot otherwise be served after one good faith attempt because of a failure to comply with this chapter, chapter 607, or chapter 617, as applicable, the process may be served on either of the following:

(a) The chair of the board of directors, the president, any vice president, the secretary, or the treasurer of the domestic corporation or registered foreign corporation.

(b) Any person listed publicly by the domestic corporation or registered foreign corporation 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 corporation or registered foreign corporation 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 corporation or registered foreign corporation on its latest annual report, as most recently amended, and cannot be completed on such person under subsection (3),

the process may be served as provided in s. 48.161 on the Secretary of State as an agent of the domestic corporation or registered foreign corporation 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 corporation or registered foreign corporation 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 corporation or registered foreign corporation may be made by serving any of the following:

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

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

(6) A foreign corporation 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. 8, Nov. 21, 1829; s. 2, Feb. 11, 1834; s. 1, ch. 3590, 1885; RS 1019; GS 1406; s. 1, ch. 6908, 1915; s. 1, ch. 7752, 1918; RGS 2604; CGL 4251; s. 1, ch. 57-97; ss. 1, 2, 3, ch. 59-46; s. 4, ch. 67-254; s. 1, ch. 67-399; s. 6, ch. 79-396; s. 7, ch. 83-216; s. 1, ch. 84-2; s. 2, ch. 2004-273; s. 3, ch. 2011-159; s. 3, ch. 2014-207; s. 3, ch. 2016-207; s. 5, ch. 2022-190.

Note.—Former s. 47.17.

F.S. 48.081 on Google Scholar

F.S. 48.081 on Casetext

Amendments to 48.081

Arrestable Offenses / Crimes under Fla. Stat. 48.081

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.081.

Annotations, Discussions, Cases:

Cases Citing Statute 48.081

Total Results: 20

Imperial Air Services, Inc. v. Christian Flores

Court: District Court of Appeal of Florida | Date Filed: 2024-06-19

Snippet: MILLER, JJ. PER CURIAM. Affirmed. See § 48.081(3)(a), Florida Statutes (2020) (“As an alternative

PEACEFUL PAWS MEMORIAL SERVICES LLC v. KAREN TARVES

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

Snippet: officer as defined in Florida Statute, Section 48.081 when defendant’s corporation fails to comply with

SERVIQUIM CA, etc. v. MANUCHAR NV, etc.

Court: District Court of Appeal of Florida | Date Filed: 2023-01-18

Snippet: presumption by clear and convincing evidence.”); § 48.081(1)(c), Fla. Stat. (2022) (“Process against any

INTERNATIONAL UNIVERSITY OF HEALTH SCIENCES, LTD. v. JOHN ABELES and PETER GLEESON

Court: District Court of Appeal of Florida | Date Filed: 2020-07-08

Snippet: Director of Finance for appellant IUHS. Section 48.081, Florida Statutes (2017), provides in part:

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

Court: Supreme Court of Florida | Date Filed: 2020-04-16

Snippet: agents of nonresidents doing business in the state), 48.081 (service on corporation), 48.101 (service on dissolved

Woodruff-Sawyer & Co. v. Ghilotti

Court: District Court of Appeal of Florida | Date Filed: 2018-08-29

Citation: 255 So. 3d 423

Snippet: sufficiency of service of process under section 48.081, Florida Statutes (1983), and does not address

2D15-897 / Magwitch, LLC. v. Pusser's West Indies Limited

Court: District Court of Appeal of Florida | Date Filed: 2016-09-07

Citation: 200 So. 3d 216, 2016 Fla. App. LEXIS 13382, 2016 WL 4649484

Snippet: sufficiency of service of process under section 48.081, Florida Statutes (1983), and *219

Morgan Stanley Smith Barney, LLC v. Gibraltar Private Bank & Trust Co.

Court: District Court of Appeal of Florida | Date Filed: 2015-04-15

Citation: 162 So. 3d 1058, 2015 Fla. App. LEXIS 5465, 2015 WL 1651226

Snippet: 1979). With that in mind, we look to section 48.081, Florida Statutes (2013), which provides the method

Lance Koster v. Carol Sullivan

Court: Supreme Court of Florida | Date Filed: 2015-02-05

Citation: 160 So. 3d 385, 40 Fla. L. Weekly Supp. 63, 2015 Fla. LEXIS 203

Snippet: omitted). Although the factors in section 48.081(l)(a) could easily be addressed in a return of

SDS-IC v. Florida Concentrates International, LLC

Court: District Court of Appeal of Florida | Date Filed: 2015-01-30

Citation: 157 So. 3d 389, 2015 Fla. App. LEXIS 1232, 2015 WL 403999

Snippet: invalidates the service. *392 Section 48.081(3)(a) provides that a corporation who has not designated

Empire Beauty Salon v. Commercial Loan Solutions IV, LLC

Court: District Court of Appeal of Florida | Date Filed: 2014-11-14

Citation: 159 So. 3d 136, 2014 Fla. App. LEXIS 18697, 2014 WL 5877947

Snippet: properly served with process pursuant to section 48.081, Florida Statutes (2013). The affidavit of service

Laura M. Watson, P.A. v. Stewart Tilghman Fox & Bianchi, P.A.

Court: District Court of Appeal of Florida | Date Filed: 2014-10-15

Citation: 162 So. 3d 102, 2014 Fla. App. LEXIS 16803, 2014 WL 5149106

Snippet: served on a proper bank official pursuant to section 48.081(1), Florida Statutes (2012), and was improperly

Laura M. Watson, P.A., d/b/a Watson & Lentner v. Stewart Tilghman Fox & Bianchi, P.A., etc., William C. Hearon, P.A., etc. and Todd S. Stewart, P.A., etc.

Court: District Court of Appeal of Florida | Date Filed: 2014-10-15

Snippet: served on a proper bank official pursuant to section 48.081(1), Florida Statutes (2012), and was improperly

Frank Romeo and Connie Yang v. US Bank National Association

Court: District Court of Appeal of Florida | Date Filed: 2014-07-30

Citation: 144 So. 3d 585, 2014 WL 3729907, 2014 Fla. App. LEXIS 11608

Snippet: general service of process statutes — sections 48.081 and 48.081 — in determining whether a return is regular

Ulloa v. CMI, Inc.

Court: Supreme Court of Florida | Date Filed: 2013-11-07

Citation: 133 So. 3d 914, 38 Fla. L. Weekly Supp. 804, 2013 WL 5942299, 2013 Fla. LEXIS 2420

Snippet: accordance with chapter 607.” In addition, section 48.081(3)(a) permits that “process may be served on the

Kalb v. Sail Condominium Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2013-05-01

Citation: 112 So. 3d 674, 2013 WL 1810642, 2013 Fla. App. LEXIS 6902

Snippet: registered agent’s employee was proper under section 48.081(3)(a), Florida Statutes (2010). Chapter 2004-273

Koster v. Sullivan

Court: District Court of Appeal of Florida | Date Filed: 2012-10-10

Citation: 103 So. 3d 882, 2012 WL 4798610, 2012 Fla. App. LEXIS 17423

Snippet: the statutorily prescribed [, pursuant to section 48.081,] superior classes of persons who could have been

Schofield v. Wells Fargo Bank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2012-08-31

Citation: 95 So. 3d 1051, 2012 WL 3758640, 2012 Fla. App. LEXIS 14621

Snippet: process server failed to strictly comply with section 48.081(5), Florida Statutes (2009), we reverse. Wells

VERABELLA FALLS CONDO., ASS'N, INC. v. Sosa

Court: District Court of Appeal of Florida | Date Filed: 2012-01-04

Citation: 77 So. 3d 815, 2012 Fla. App. LEXIS 36, 2012 WL 10826

Snippet: follow the corporate hierarchy set forth in section 48.081(1), Florida Statutes (2004), asserting that this

Mills Corp. v. Amato

Court: District Court of Appeal of Florida | Date Filed: 2011-11-02

Citation: 72 So. 3d 814, 2011 Fla. App. LEXIS 17378, 2011 WL 5170016

Snippet: of service in this case is dictated by section 48.081, Fla. Stat. (2007). Section 48.101, Florida Statutes