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Florida Statute 48.101 - Full Text and Legal Analysis
Florida Statute 48.101 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 48.101 Case Law from Google Scholar Google Search for Amendments to 48.101

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 48
PROCESS AND SERVICE OF PROCESS
View Entire Chapter
F.S. 48.101
148.101 Service on domestic dissolved corporations, dissolved limited liability companies, dissolved limited partnerships, dissolved limited liability partnerships, and business organizations in receivership.
(1) Process against the directors of any corporation that was dissolved before July 1, 1990, as trustees of the dissolved corporation must be served on one or more of the directors of the dissolved corporation as trustees thereof and binds all of the directors of the dissolved corporation as trustees thereof.
(2)(a) Process against any other dissolved domestic corporation must be served in accordance with s. 48.081.
(b) In addition, provided that service was first properly attempted on the registered agent pursuant to s. 48.081(2), but was not successful, service may then be attempted as required under s. 48.081(3). In addition to the persons listed in s. 48.081(3), service may then be attempted on the person appointed by the circuit court as the trustee, custodian, or receiver under s. 607.1405(6).
(c) A party attempting to serve a dissolved domestic for-profit corporation under this section may petition the court to appoint one of the persons specified in s. 607.1405(6) to receive service of process on behalf of the corporation.
(3)(a) Process against any dissolved domestic limited liability company must be served in accordance with s. 48.062.
(b) In addition, provided that service was first properly attempted on the registered agent pursuant to s. 48.062(2), but was not successful, service may then be attempted as required under s. 48.062(3). In addition to the persons listed in s. 48.062(3), service on a dissolved domestic limited liability company may be made on the person appointed as the liquidator, trustee, or receiver under s. 605.0709.
(c) A party attempting to serve a dissolved domestic limited liability company under this section may petition the court to appoint one of the persons specified in s. 605.0709(5) to receive service of process on behalf of the limited liability company.
(4) Process against any dissolved domestic limited partnership must be served in accordance with s. 48.061.
(5) Notwithstanding this section and during the pendency of the receivership, a party attempting to serve process on a domestic business entity, business trust, or sole proprietorship in receivership may effectuate service by personal service on the receiver.
History.s. 1, ch. 19064, 1939; CGL 1940 Supp. 4251(1); s. 4, ch. 67-254; s. 3, ch. 97-230; s. 7, ch. 2022-190; s. 2, 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 s. 47.22.

F.S. 48.101 on Google Scholar

F.S. 48.101 on CourtListener

Amendments to 48.101


Annotations, Discussions, Cases:

Cases Citing Statute 48.101

Total Results: 19

Stoeffler v. Castagliola

629 So. 2d 196, 1993 WL 461997

District Court of Appeal of Florida | Filed: Nov 10, 1993 | Docket: 1263495

Cited 16 times | Published

Stoeffler's attempted service of process on Riden I, section 48.101, Florida Statutes (1991)[2] specifically directs

In Re Amendments to Fla. Rules Civ. Proc.

604 So. 2d 1110, 1992 WL 163953

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1686576

Cited 15 times | Published

the state), § 48.081 (service on corporation), § 48.101 (service on dissolved corporations), § 48.111

Gate Lands Co. v. OLD PONTE VEDRA CONDO.

715 So. 2d 1132, 1998 WL 518558

District Court of Appeal of Florida | Filed: Aug 21, 1998 | Docket: 1365773

Cited 10 times | Published

principal officer and director, and by reason of F.S. § 48.101, is now a trustee of the dissolved corporation

In Re Amendments to Rules of Civ. Proc.

536 So. 2d 974

Supreme Court of Florida | Filed: Dec 30, 1988 | Docket: 1759905

Cited 9 times | Published

the state), § 48.081 (service on corporation), § 48.101 (service on dissolved corporations), § 48.111

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

voluntarily dissolved as a corporation. Under section 48.101, service of process on corporations dissolved

Cohen v. Drucker

677 So. 2d 953, 1996 WL 426080

District Court of Appeal of Florida | Filed: Jul 31, 1996 | Docket: 1270433

Cited 5 times | Published

he was authorized to receive process under section 48.101. Because Drucker was the president of DCF and

Polk Cty. Rand v. State Dept. Legal

666 So. 2d 279, 1996 WL 16585

District Court of Appeal of Florida | Filed: Jan 19, 1996 | Docket: 1510873

Cited 5 times | Published

process had to be accomplished pursuant to section 48.101, Florida Statutes (1991). This section requires

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

directors-trustees of the corporation. Fla.Stat. § 48.101. It seems clear that under the legislative plan

Liszka v. SILVERADO STEAK & SEAFOOD CO., INC.

703 So. 2d 1226, 1998 Fla. App. LEXIS 19, 1998 WL 2512

District Court of Appeal of Florida | Filed: Jan 2, 1998 | Docket: 1349397

Cited 4 times | Published

the trial court was incorrect in construing section 48.101 as the sole and exclusive method of effecting

Auto-Owners Ins. Co. v. Cannella

737 So. 2d 1129, 1999 Fla. App. LEXIS 9599, 1999 WL 538101

District Court of Appeal of Florida | Filed: Jun 4, 1999 | Docket: 1301172

Cited 3 times | Published

statutory provision applicable to the present case, section 48.101, Florida Statutes (1991), this court has held

Wong v. Gonzalez & Kennedy, Inc.

719 So. 2d 937, 1998 Fla. App. LEXIS 11639, 1998 WL 634941

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 1352044

Cited 3 times | Published

was invalid because not in compliance with section 48.101, Florida Statutes (1993), and that the judgment

East Auto Supply Co. v. ANCHOR MORTGAGE SERV. INC.

502 So. 2d 976, 12 Fla. L. Weekly 515, 1987 Fla. App. LEXIS 6652

District Court of Appeal of Florida | Filed: Feb 11, 1987 | Docket: 1181397

Cited 3 times | Published

denying the defendant's motion to quash service. Section 48.101, Florida Statutes, provides: Process against

Goethel v. FIRST PROPERTIES INTERN., LTD.

363 So. 2d 1117

District Court of Appeal of Florida | Filed: Oct 10, 1978 | Docket: 35121

Cited 3 times | Published

Director/Trustee." This service, pursuant to Section 48.101, Florida Statutes (1977), was made on January

Mills Corp. v. Amato

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

District Court of Appeal of Florida | Filed: Nov 2, 2011 | Docket: 60303321

Cited 2 times | Published

dictated by section 48.081, Fla. Stat. (2007). Section 48.101, Florida Statutes (2007), titled “Service on

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 district court held that, pursuant to section 48.101, Florida Statutes (1991), service of process

Affordable Bio Feedstock, Inc. v. United States

Court of Appeals for the Eleventh Circuit | Filed: Jul 26, 2022 | Docket: 64432169

Published

another person to use its registration.” 26 C.F.R. § 48.101-1(i)(1). Here, ABF submitted its Form 637

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

that NTCA was properly served. Prior to 1997, section 48.101, Florida Statutes (2000), which addresses service

Jesson, Inc. v. Sutton Hill Associates, Inc.

789 So. 2d 1064, 2001 Fla. App. LEXIS 8044, 2001 WL 649659

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 64806889

Published

representative capacity upon Florescue, pursuant to section 48.101, Florida Statutes (1991). Jesson, Florescue

DKJ, Inc. v. Swierski

560 So. 2d 1388, 1990 Fla. App. LEXIS 3349, 1990 WL 62841

District Court of Appeal of Florida | Filed: May 15, 1990 | Docket: 64650379

Published

Art. I, § 21, Fla. Const. (1968). Pursuant to section 48.101, Florida Statutes (1987), “Process against