Florida Statute 48.91 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

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F.S. 48.091

¹48.091 Partnerships, corporations, and limited liability companies; designation of registered agent and registered office.—

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

(a) “Registered foreign corporation” and “registered foreign limited liability company” have the same meanings as in ss. 48.081 and 48.062, respectively.

(b) “Registered foreign limited liability partnership” or “registered foreign limited partnership” means a foreign limited liability partnership or foreign limited partnership that has an active certificate of authority to transact business in this state pursuant to a record filed with the Department of State.

(2) Every domestic limited liability partnership; domestic limited partnership, including limited liability limited partnerships; domestic corporation; domestic limited liability company; registered foreign limited liability partnership; registered foreign limited partnership, including limited liability limited partnerships; registered foreign corporation; and registered foreign limited liability company shall designate a registered agent and registered office in accordance with chapter 605, chapter 607, chapter 617, or chapter 620, as applicable.

(3) Every domestic limited liability partnership; domestic limited partnership, including limited liability limited partnerships; domestic corporation; domestic limited liability company; registered foreign limited liability partnership; registered foreign limited partnership, including limited liability limited partnerships; registered foreign corporation; registered foreign limited liability company; and domestic or foreign general partnership that elects to designate a registered agent, shall cause the designated registered agent to keep the designated registered office open from at least 10 a.m. to 12 noon and 2 p.m. to 4 p.m. each day except Saturdays, Sundays, and legal holidays, and shall cause the designated registered agent to keep one or more individuals who are, or are representatives of, the designated registered agent on whom process may be served at the office during these hours.

(4)(a) A registered agent who is a natural person may be served with process in accordance with s. 48.031.

(b) A person attempting to serve process at the registered office designated pursuant to subsection (2) on a registered agent who is a natural person, if such natural person is not present at the designated registered office at the time of service, may serve the process, including during the first attempt at service, on any employee of such natural person who is present at the designated registered office at the time of service.

(c) A person attempting to serve process at the registered office designated pursuant to subsection (2) on a registered agent that is other than a natural person may serve the process in accordance with the provisions of applicable law relating to service of process on that type of entity or on any employee of the registered agent who is present at the designated registered office at the time of service.

(5) The registered agent shall promptly forward copies of the process and any other papers received in connection with the service to a responsible person in charge of the business entity. Failure to comply with this subsection does not invalidate the service of process.

History.—ss. 1, 2, 11, 13, 14, ch. 11829, 1927; CGL 4257, 4258, 4267, 4269, 4270; ss. 1, 2, ch. 20842, 1941; s. 1, ch. 29873, 1955; s. 24, ch. 57-1; s. 1, ch. 63-241; s. 1, ch. 65-32; s. 4, ch. 67-254; s. 2, ch. 67-562; ss. 10, 35, ch. 69-106; s. 3, ch. 71-114; s. 1, ch. 71-269; s. 28, ch. 71-377; s. 1, ch. 76-209; s. 36, ch. 2014-209; s. 6, ch. 2022-190; s. 1, ch. 2025-13.

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 ss. 47.34, 47.35, 47.42, 47.43, 47.45, 47.50.

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Amendments to 48.091

Annotations, Discussions, Cases:

Cases Citing Statute 48.091

Total Results: 47

Saul Munoz Sibaja, Rafaela Arrieta Porra v. Dow Chemical Company

757 F.2d 1215, 1985 U.S. App. LEXIS 28920, 53 U.S.L.W. 2523

Court of Appeals for the Eleventh Circuit | Filed: Apr 16, 1985 | Docket: 504558

Cited 60 times | Published

transact business in the State of Florida. Fla. Stat. § 48.091 (1983). 2 The defendants removed

Louis F. Cavic and Helen A. Cavic, His Wife, Cross-Appellants v. The Grand Bahama Development Company, Limited, Cross-Appellee

701 F.2d 879, 1983 U.S. App. LEXIS 29357

Court of Appeals for the Eleventh Circuit | Filed: Mar 28, 1983 | Docket: 224516

Cited 51 times | Published

the agent designated by the corporation under Section 48.091. (4) This section does not apply to

Sandra Waite v. AII Acquisition Corp.

901 F.3d 1307

Court of Appeals for the Eleventh Circuit | Filed: Aug 23, 2018 | Docket: 7728863

Cited 31 times | Published

service on foreign corporations. Florida Statutes § 48.091 requires every foreign corporation that transacts

Schmidt v. National Organization for Women

562 F. Supp. 210, 1983 U.S. Dist. LEXIS 18008

District Court, N.D. Florida | Filed: Apr 1, 1983 | Docket: 1136813

Cited 31 times | Published

was no longer residing at the given address. Section 48.091(1), Florida Statutes, requires every Florida

White v. Pepsico, Inc.

568 So. 2d 886, 1990 WL 130207

Supreme Court of Florida | Filed: Sep 6, 1990 | Docket: 50300

Cited 20 times | Published

when it registered to do business in the state. § 48.091, Fla. Stat. (1983). In May 1987, the action was

Mecca Multimedia, Inc. v. Kurzbard

954 So. 2d 1179, 2007 WL 1062526

District Court of Appeal of Florida | Filed: Apr 11, 2007 | Docket: 1163781

Cited 15 times | Published

of Mecca's apparent failure to comply with section 48.091, Florida Statutes, and as a result of Rodriguez's

Space Coast Credit Union v. the First, FA

467 So. 2d 737, 10 Fla. L. Weekly 823, 1985 Fla. App. LEXIS 13221

District Court of Appeal of Florida | Filed: Mar 28, 1985 | Docket: 2515535

Cited 13 times | Published

registered agent on whom process could be served (§ 48.091, Florida Statutes)[1] and no attempt was made

Top Dollar Pawn Too, Inc. v. King

861 So. 2d 1264, 2003 WL 22956426

District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 1514110

Cited 12 times | Published

GUNTHER and WARNER, JJ., concur. NOTES [1] Section 48.091, Florida Statutes (2002), establishes the responsibility

Hobbs v. Don Mealey Chevrolet, Inc.

642 So. 2d 1149, 1994 WL 515723

District Court of Appeal of Florida | Filed: Sep 23, 1994 | Docket: 1529494

Cited 11 times | Published

jurisdiction. In the instant case, pursuant to section 48.091, Florida *1154 Statutes (1985), Rose's Stores

Dade Erection Serv. v. Sims Crane Serv.

379 So. 2d 423

District Court of Appeal of Florida | Filed: Jan 30, 1980 | Docket: 1681341

Cited 11 times | Published

corporation failed to comply with the requirements of Section 48.091, thereby implying that the deputy was authorized

YORK COMM. INC. v. Furst Group, Inc.

724 So. 2d 678, 1999 WL 18058

District Court of Appeal of Florida | Filed: Jan 20, 1999 | Docket: 1410341

Cited 10 times | Published

face. We agree with appellant and reverse. Section 48.091(2), Florida Statutes (1997), requires that

Junction Bit & Tool Co. v. Institutional Mortgage Co.

240 So. 2d 879

District Court of Appeal of Florida | Filed: Nov 13, 1970 | Docket: 1510182

Cited 10 times | Published

cause without leave to amend. Under F.S. 1969, Section 48.091, F.S.A., when a foreign corporation qualifies

Rose's Stores, Inc. v. Cherry

526 So. 2d 749, 13 Fla. L. Weekly 1326, 1988 Fla. App. LEXIS 2271, 1988 WL 54431

District Court of Appeal of Florida | Filed: Jun 2, 1988 | Docket: 1272837

Cited 8 times | Published

service of process as required by F.S. 1969, section 48.091, F.S.A. 240 So.2d at 882. In Dombroff, the

Sierra Holding v. Inn Keepers Supply Co.

464 So. 2d 652

District Court of Appeal of Florida | Filed: Mar 6, 1985 | Docket: 1193143

Cited 8 times | Published

noncompliance with the substituted service statute, section 48.091, Florida Statutes (1983). Appellee, Inn Keepers

INTERN. STEEL TRUSS CO. v. Artec Group, Inc.

824 So. 2d 340, 2002 WL 2005975

District Court of Appeal of Florida | Filed: Aug 30, 2002 | Docket: 1435502

Cited 6 times | Published

designated under section 48.091. Further, if the corporation has failed to comply with section 48.091, service

Southeastern Mail Transport, Inc. v. Amoco Oil Co.

402 So. 2d 522, 1981 Fla. App. LEXIS 20873

District Court of Appeal of Florida | Filed: Aug 17, 1981 | Docket: 1691435

Cited 6 times | Published

sheriff could have attempted service under Section 48.091, which allows him to go to the address at which

Wash. Capital Corp. v. Milandco

665 So. 2d 375, 1996 Fla. App. LEXIS 26, 1996 WL 1124

District Court of Appeal of Florida | Filed: Jan 3, 1996 | Docket: 1351485

Cited 5 times | Published

because the corporation failed to comply with section 48.091, Florida Statutes (1993), when it did not designate

General Tire & Rubber v. HICKORY SPRINGS MFG.

388 So. 2d 264

District Court of Appeal of Florida | Filed: Aug 27, 1980 | Docket: 419898

Cited 5 times | Published

NOTES [1] § 607.304, Fla. Stat. (1979). See also § 48.091, Fla. Stat. (1979).

American National Bank v. Jennings Development, Inc.

432 F. Supp. 151, 1977 U.S. Dist. LEXIS 15524

District Court, M.D. Florida | Filed: Jun 7, 1977 | Docket: 798606

Cited 5 times | Published

designated resident agent, as provided by Fla.Stat. § 48.091. That service of process was quashed by the state

Jennings v. State

667 So. 2d 442, 1996 WL 27878

District Court of Appeal of Florida | Filed: Jan 26, 1996 | Docket: 454546

Cited 4 times | Published

m.," opting instead for clearer language. See § 48.091(2), Fla. Stat. (1993) ("Every corporation shall

Jennings v. State

667 So. 2d 442, 1996 WL 27878

District Court of Appeal of Florida | Filed: Jan 26, 1996 | Docket: 454546

Cited 4 times | Published

m.," opting instead for clearer language. See § 48.091(2), Fla. Stat. (1993) ("Every corporation shall

TID Services, Inc. v. Dass

65 So. 3d 1, 2010 Fla. App. LEXIS 17638, 2010 WL 4628571

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 2361345

Cited 3 times | Published

registered agent on whom process may be served. *6 § 48.091(2). The purpose of keeping the registered office

STR Industries, Inc. v. Hidalgo Corp.

832 So. 2d 262, 2002 Fla. App. LEXIS 18099, 2002 WL 31757610

District Court of Appeal of Florida | Filed: Dec 11, 2002 | Docket: 1700099

Cited 3 times | Published

to designate a registered agent pursuant to section 48.091. However, this subsection only applies to corporations

Woodbury v. Sears, Roebuck & Co.

152 F.R.D. 229, 1993 U.S. Dist. LEXIS 17084, 1993 WL 498867

District Court, M.D. Florida | Filed: Nov 30, 1993 | Docket: 66310814

Cited 3 times | Published

corporation are Florida Statutes § 48.091 and § 48.081. Section 48.091 deals with service of process upon

Richardson v. Albury

505 So. 2d 521, 12 Fla. L. Weekly 878

District Court of Appeal of Florida | Filed: Mar 25, 1987 | Docket: 1745838

Cited 3 times | Published

determined that PEMHS had not complied with section 48.091 *523 by keeping current its registered agent

Empire Beauty Salon v. Commercial Loan Solutions IV, LLC

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

District Court of Appeal of Florida | Filed: Nov 14, 2014 | Docket: 60246502

Cited 2 times | Published

during weekdays from 10 a.m. until 12 p.m. under section 48.091, Florida Statutes. “However, if service of

CMI, Inc. v. Ulloa

73 So. 3d 787, 2011 Fla. App. LEXIS 14664, 2011 WL 4102296

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 2353818

Cited 2 times | Published

obligations in a legal dispute. See generally § 48.091, Fla. Stat. (2010). The registered agent has a

Cannella v. Auto-Owners Ins. Co.

801 So. 2d 94, 26 Fla. L. Weekly Supp. 754, 2001 Fla. LEXIS 2273, 2001 WL 1422463

Supreme Court of Florida | Filed: Nov 15, 2001 | Docket: 1744767

Cited 2 times | Published

"the agent designated by the corporation under section 48.091." Id. § 48.081(3). If service cannot be made

SIERRA HOLDING v. Sharp Electronics

471 So. 2d 196, 10 Fla. L. Weekly 1526, 1985 Fla. App. LEXIS 14633

District Court of Appeal of Florida | Filed: Jun 19, 1985 | Docket: 123515

Cited 2 times | Published

where a corporation is in flagrant violation of section 48.091, Florida Statutes (1983), the requirement of

Woodruff-Sawyer & Co. v. Ghilotti

255 So. 3d 423

District Court of Appeal of Florida | Filed: Aug 29, 2018 | Docket: 7766230

Cited 1 times | Published

6 Section 48.091, Florida Statutes, requires every foreign corporation

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

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

District Court of Appeal of Florida | Filed: Apr 15, 2015 | Docket: 2649592

Cited 1 times | Published

registered agent for service of process. See § 48.091, Fla. Stat. (2013) (designation of registered

Ulloa v. CMI, Inc.

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

Supreme Court of Florida | Filed: Nov 7, 2013 | Docket: 60238970

Cited 1 times | Published

out-of-state corporation’s registered agent. Section 48.091(1), Florida Statutes (2010), requires that

SunTrust Bank v. ELECTRONIC WIRELESS CORP.

23 So. 3d 774, 2009 Fla. App. LEXIS 17719, 2009 WL 4061228

District Court of Appeal of Florida | Filed: Nov 25, 2009 | Docket: 1657707

Cited 1 times | Published

corporation's principal place of business." Section 48.091(2) also provides: *777 "Every corporation shall

Benedict v. General Motors Corp.

142 F. Supp. 2d 1330, 2001 WL 36106168, 2001 U.S. Dist. LEXIS 18706

District Court, N.D. Florida | Filed: May 23, 2001 | Docket: 2175865

Cited 1 times | Published

registered agent for service of process. See Fla.Stat. § 48.091. Delphi engages in at least some activities in

Cam-La, Inc. v. Fixel

632 So. 2d 1067, 1994 Fla. App. LEXIS 951, 1994 WL 45272

District Court of Appeal of Florida | Filed: Feb 15, 1994 | Docket: 64746728

Cited 1 times | Published

receive service of process on behalf of Cam-La. See § 48.091(2), Fla.Stat. (1989). Cam-La did not change its

Imperial Air Services, Inc. v. Christian Flores

District Court of Appeal of Florida | Filed: Jun 19, 2024 | Docket: 68867493

Published

absent from his or her office.”) (emphasis added); § 48.091(2), Fla. Stat. (2020) (“Every corporation shall

KMG PROPERTIES, LLC v. OWL CONSTRUCTION, LLC

District Court of Appeal of Florida | Filed: Apr 24, 2024 | Docket: 68012059

Published

the registered agent. Owl also observed that section 48.091(4) provides that "[a] person attempting

PEACEFUL PAWS MEMORIAL SERVICES LLC v. KAREN TARVES

District Court of Appeal of Florida | Filed: Aug 2, 2023 | Docket: 67657790

Published

defendant’s corporation fails to comply with F.S. 48.091.” On that same day, Ms. Tarves filed a motion

ALL MY SONS MOVING & STORAGE OF SOUTHWEST FLORIDA, INC. v. A & E TRUCK SERVICE, LLC

District Court of Appeal of Florida | Filed: Sep 23, 2022 | Docket: 65370804

Published

excusable neglect because it assertedly violated section 48.091(2), Florida Statutes (2019). From our limited

Thomas Cook UK Ltd. v. Maesbury Homes, Inc.

280 F.R.D. 649, 2012 U.S. Dist. LEXIS 28330, 2012 WL 714814

District Court, M.D. Florida | Filed: Mar 5, 2012 | Docket: 66047236

Published

776-77 (Fla. 3rd DCA 2009) (citing Fla. Stat. § 48.091(2)). Service in this ease, made on an employee

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

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

District Court of Appeal of Florida | Filed: Jan 4, 2012 | Docket: 2359845

Published

purposes of receiving service of process. See § 48.091(1), Fla. Stat. (2011) (requiring “[ejvery Florida

Dienes v. U.S. Alliance Management Corp.

955 So. 2d 1187, 2007 Fla. App. LEXIS 6622, 2007 WL 1263951

District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 64850558

Published

Registered Agent because of failure to comply with Section 48.091.” The Plaintiffs also attached to their motion

Ntca Corp. v. Associates Commercial Corp.

812 So. 2d 506, 2002 Fla. App. LEXIS 3558, 2002 WL 428868

District Court of Appeal of Florida | Filed: Mar 20, 2002 | Docket: 64813869

Published

served. See Fla. Stat. § 48.081(3); Fla. Stat. § 48.091(1). If service cannot be made because a corporation

Ludwig v. Schweigel

701 So. 2d 1256, 1997 Fla. App. LEXIS 13621, 1997 WL 751963

District Court of Appeal of Florida | Filed: Dec 5, 1997 | Docket: 64777035

Published

is undisputed that Ludwig failed to comply with § 48.091 by failing to post a sign naming the registered

Equal Employment Opportunity Commission v. Pettegrove Truck Service, Inc.

123 F.R.D. 354, 1988 U.S. Dist. LEXIS 16440, 47 Empl. Prac. Dec. (CCH) 38,213, 47 Fair Empl. Prac. Cas. (BNA) 820

District Court, S.D. Florida | Filed: Aug 4, 1988 | Docket: 66300218

Published

subsection (2) of § 48.091 of the Florida Statutes. The court agrees. Florida Statute § 48.091(2) states, in

Sierra Holding, Inc. v. Sayner

469 So. 2d 239, 10 Fla. L. Weekly 1344, 1985 Fla. App. LEXIS 14219

District Court of Appeal of Florida | Filed: May 29, 1985 | Docket: 64612155

Published

for failure by the corporation to comply with F.S. 48.091.” Appellee filed a motion to quash the attempted

Florida State Fair & Gasparilla Ass'n v. Dolcater

250 So. 2d 917, 1971 Fla. App. LEXIS 6320

District Court of Appeal of Florida | Filed: Jul 21, 1971 | Docket: 64521573

Published

subject to service of process under Fla.Stat. § 48.091, F.S.A., in that it is excluded from the operation