Florida Statute 48.091 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

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F.S. 48.091

48.091 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 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 person attempting to serve process pursuant to this section on a registered agent that is other than a natural person may serve the process on any employee of the registered agent. A person attempting to serve process pursuant to this section on a natural person, if the natural person is temporarily absent from his or her office, may serve the process during the first attempt at service on any employee of such natural person.

(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.

Note.—Former ss. 47.34, 47.35, 47.42, 47.43, 47.45, 47.50.

F.S. 48.091 on Google Scholar

F.S. 48.091 on Casetext

Amendments to 48.091

Arrestable Offenses / Crimes under Fla. Stat. 48.091

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.091.

Annotations, Discussions, Cases:

Cases Citing Statute 48.091

Total Results: 20

Imperial Air Services, Inc. v. Christian Flores

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

Snippet: the agent designated by the corporation under s. 48.091. However, if service cannot be made on a registered

KMG PROPERTIES, LLC v. OWL CONSTRUCTION, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-04-24

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

PEACEFUL PAWS MEMORIAL SERVICES LLC v. KAREN TARVES

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

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2022-09-23

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

Woodruff-Sawyer & Co. v. Ghilotti

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

Citation: 255 So. 3d 423

Snippet: 6 Section 48.091, Florida Statutes, requires every foreign corporation

Marvin Castellanos v. Next Door Company

Court: Supreme Court of Florida | Date Filed: 2016-04-28

Citation: 192 So. 3d 431, 41 Fla. L. Weekly Supp. 197, 2016 WL 1700521, 2016 Fla. LEXIS 885

Snippet: 02-03 $430,705,423 48.91% 51.09% 03-04 $446,472

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

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: the agent designated by the corporation under s. 48.091. However, if service cannot be made on a registered

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

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: the agent designated by the corporation under s. 48.091.[1] However, if service cannot be made on a registered

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: the agent designated by the corporation under s. 48.091. However, if service cannot be made on a registered

CMI, Inc. v. Ulloa

Court: District Court of Appeal of Florida | Date Filed: 2011-09-16

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

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

TID Services, Inc. v. Dass

Court: District Court of Appeal of Florida | Date Filed: 2010-11-17

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

Snippet: a registered agent and a registered office. §§ 48.091, 607.0501, 607.1507, Fla. Stat. (2008). The statutory

SunTrust Bank v. ELECTRONIC WIRELESS CORP.

Court: District Court of Appeal of Florida | Date Filed: 2009-11-25

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

Snippet: the agent designated by the corporation under s. 48.091. However, if service cannot be made on a registered

Dienes v. U.S. Alliance Management Corp.

Court: District Court of Appeal of Florida | Date Filed: 2007-05-02

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

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

Mecca Multimedia, Inc. v. Kurzbard

Court: District Court of Appeal of Florida | Date Filed: 2007-04-11

Citation: 954 So. 2d 1179, 2007 WL 1062526

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

Top Dollar Pawn Too, Inc. v. King

Court: District Court of Appeal of Florida | Date Filed: 2003-12-17

Citation: 861 So. 2d 1264, 2003 WL 22956426

Snippet: the agent designated by the corporation under s. 48.091. However, if service cannot be made on a registered

STR Industries, Inc. v. Hidalgo Corp.

Court: District Court of Appeal of Florida | Date Filed: 2002-12-11

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2002-08-30

Citation: 824 So. 2d 340, 2002 WL 2005975

Snippet: under section 48.091. Further, if the corporation has failed to comply with section 48.091, service may

Ntca Corp. v. Associates Commercial Corp.

Court: District Court of Appeal of Florida | Date Filed: 2002-03-20

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

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