48.091
Partnerships, corporations, and limited liability companies; designation of registered agent and registered office.
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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
Mecca Multimedia, Inc. v. Kurzbard (2007)
“§ 48.091, Fla. Stat. (2005). [2] Section 48.”
Sierra Holding v. Inn Keepers Supply Co. (1985)
“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. (1980)
“Morejon was an officer or director of the corporation, but contends that she was properly served as its "business agent.”
White v. Pepsico, Inc. (1990)
“§ 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 (1988)
“In the instant case, pursuant to section 48.091, Florida Statutes (1985), [2] Rose's Stores, Inc.”
Schmidt v. National Organization for Women (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.”
Top Dollar Pawn Too, Inc. v. King (2003)
“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 (1996)
“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 (1987)
“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 Group, Inc. (2002)
“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. Commercial Loan Solutions IV, LLC (2014)
“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 Chemical Company (1985)
“Fla. Stat. § 48.091 (1983). 2 The defendants removed the case to the U.”
— 48.091(1) — 8 cases
Schmidt v. National Organization for Women (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. (1990)
“§ 48.091, Fla. Stat. (1983). In May 1987, the action was removed to federal court based on diversity of citizenship.”
Ulloa v. CMI, Inc. (2013)
— 48.091(2) — 9 cases
Jennings v. State (1996)
Cam-La, Inc. v. Fixel (1994)
TID Services, Inc. v. Dass (2010)
— 48.091(3) — 4 cases
— 48.091(4) — 13 cases
Ariza v. Aphonics LLC (2023)
— 48.091(6) — 1 case
— 48.091(8) — 1 case
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