Florida Statutes

Fla. Stat. § 48.091 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 93 cases (44 in the last 5 years), 1970–2026 · leading case: Mecca Multimedia, Inc. v. Kurzbard, 954 So. 2d 1179 (Fla. 3d DCA 2007).

Sort: Relevance Newest Treatment

Mecca Multimedia, Inc. v. Kurzbard, 954 So. 2d 1179 (Fla. 3d DCA 2007). · cites it 5× “§ 48.091, Fla. Stat. (2005). [2] Section 48.”

Sierra Holding v. Inn Keepers Supply Co., 464 So. 2d 652 (Fla. 4th DCA 1985). · cites it 6× “The basis for these consolidated appeals is an alleged noncompliance with the substituted service statute, section 48.091, Florida Statutes (1983). Appellee, Inn Keepers Supply Company, sued appellant, Sierra Holding, Inc.”

Dade Erection Serv. v. Sims Crane Serv., 379 So. 2d 423 (Fla. 2d DCA 1980). · cites it 4× “Morejon was an officer or director of the corporation, but contends that she was properly served as its "business agent.”

White v. Pepsico, Inc., 568 So. 2d 886 (Fla. 1990). · cites it 3× “§ 48.091, Fla. Stat. (1983). In May 1987, the action was removed to federal court based on diversity of citizenship.”

Rose's Stores, Inc. v. Cherry, 526 So. 2d 749 (Fla. 5th DCA 1988). · cites it 5× “In the instant case, pursuant to section 48.091, Florida Statutes (1985), [2] Rose's Stores, Inc.”

Schmidt v. Nat'l Org. for Women, 562 F. Supp. 210 (N.D. Fla. 1983). · cites it 2× “Section 48.091(1), Florida Statutes, requires every Florida corporation and every foreign corporation qualified to transact business in the State of Florida to designate with the Secretary of State a registered agent and registered office in the State.”

Top Dollar Pawn Too, Inc. v. King, 861 So. 2d 1264 (Fla. 4th DCA 2003). · cites it 2× “NOTES [1] Section 48.091, Florida Statutes (2002), establishes the responsibility of Florida corporations to designate a registered agent and specifies the requirements for the office of a registered agent.”

Wash. Capital Corp. v. Milandco, 665 So. 2d 375 (Fla. 4th DCA 1996). · cites it 5× “081(3) because the corporation failed to comply with section 48.091, Florida Statutes (1993), when it did not designate an agent within Florida to accept service on its behalf.”

Richardson v. Albury, 505 So. 2d 521 (Fla. 2d DCA 1987). · cites it 5× “We explicitly hold that the facts of this case constitute as a matter of law noncompliance with section 48.091, Florida Statutes, thereby authorizing appellants' process server to serve "any employee at the corporation's place of business.”

Intern. Steel Truss Co. v. Artec Grp., Inc., 824 So. 2d 340 (Fla. 2d DCA 2002). · cites it 2× “As an alternative to the foregoing, *342 paragraph (3) permits service of process on the corporation's registered agent designated under section 48.091. Further, if the corporation has failed to comply with section 48.”

Empire Beauty Salon v. Com. Loan Solutions IV, LLC, 159 So. 3d 136 (Fla. 5th DCA 2014). · cites it 4× “16, 2009) (“While some manner of substitute service is available under state law (if, for example, service cannot be made on a registered agent because of failure to comply with Fla. Stat. § 48.091 ), it is incumbent on the process server to set forth a factual basis for…”

Saul Munoz Sibaja, Rafaela Arrieta Porra v. Dow Chem. Co., 757 F.2d 1215 (11th Cir. 1985). “Fla. Stat. § 48.091 (1983). 2 The defendants removed the case to the U.”

Show all 93 citing cases →

— 48.091(1) — 8 cases

Schmidt v. Nat'l Org. for Women, 562 F. Supp. 210 (N.D. Fla. 1983). “Section 48.091(1), Florida Statutes, requires every Florida corporation and every foreign corporation qualified to transact business in the State of Florida to designate with the Secretary of State a registered agent and registered office in the State.”

White v. Pepsico, Inc., 568 So. 2d 886 (Fla. 1990). “§ 48.091, Fla. Stat. (1983). In May 1987, the action was removed to federal court based on diversity of citizenship.”

Cannella v. Auto-Owners Ins. Co., 801 So. 2d 94 (Fla. 2001).

Ulloa v. CMI, Inc., 133 So. 3d 914 (Fla. 2013).

Benedict v. Gen. Motors Corp., 142 F. Supp. 2d 1330 (N.D. Fla. 2001).

— 48.091(2) — 9 cases

YORK COMM. INC. v. Furst Grp., Inc., 724 So. 2d 678 (Fla. 4th DCA 1999).

Jennings v. State, 667 So. 2d 442 (Fla. 1st DCA 1996).

Cam-La, Inc. v. Fixel, 632 So. 2d 1067 (Fla. 3d DCA 1994).

TID Servs., Inc. v. Dass, 65 So. 3d 1 (Fla. 2d DCA 2010).

Suntrust Bank v. Elec. Wireless Corp., 23 So. 3d 774 (Fla. 3d DCA 2009).

— 48.091(3) — 4 cases

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

Navas Bar & Grill, Inc., D/B/A 1701 Restaurant & Lounge v. Tapias (Fla. 2d DCA 2025).

Danny's Fuel Corp. v. Brinks US, a Div. of Brink's Inc. (Fla. 4th DCA 2024).

— 48.091(4) — 13 cases

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

Navas Bar & Grill, Inc., D/B/A 1701 Restaurant & Lounge v. Tapias (Fla. 2d DCA 2025).

Danny's Fuel Corp. v. Brinks US, a Div. of Brink's Inc. (Fla. 4th DCA 2024).

Ariza v. Aphonics LLC (M.D. Fla. 2023).

— 48.091(6) — 1 case

Florida State Fair & Gasparilla Ass'n v. Dolcater, 250 So. 2d 917 (Fla. 2d DCA 1971).

— 48.091(8) — 1 case

Doe (M.D. Fla. 2025).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.