Florida Statutes

Fla. Stat. § 48.101 (2025)

Service on domestic dissolved corporations, dissolved limited liability companies, dissolved limited partnerships, dissolved limited liability partnerships, and business organizations in receivership.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 24 cases (6 in the last 5 years), 1977–2026 · leading case: Cannella v. Auto-Owners Ins. Co., 801 So. 2d 94 (Fla. 2001).

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Cannella v. Auto-Owners Ins. Co., 801 So. 2d 94 (Fla. 2001). · cites it 13× “ Process against the directors of any corporation which was dissolved before July 1, 1990, as trustees of the dissolved corporation shall 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…”

Stoeffler v. Castagliola, 629 So. 2d 196 (Fla. 2d DCA 1993). · cites it 5× “As to Stoeffler's attempted service of process on Riden I, section 48.101, Florida Statutes (1991) [2] specifically directs that service of process upon a dissolved corporation "shall" be made upon one or more of the directors as trustees of the dissolved corporation.”

Wong v. Gonzalez & Kennedy, Inc., 719 So. 2d 937 (Fla. 4th DCA 1998). · cites it 8× “See § 48.101, Fla. Stat. (1993). However, even under the prior business law, which provided that the directors of a corporation at the time of dissolution became trustees of any property owned or acquired by the corporation, see § 607.”

Liszka v. Silverado Steak & Seafood Co., Inc., 703 So. 2d 1226 (Fla. 5th DCA 1998). · cites it 6× “Section 48.101, Florida Statutes (1993) provides: 48.”

Gate Lands Co. v. Old Ponte Vedra Condo., 715 So. 2d 1132 (Fla. 5th DCA 1998). · cites it 2× “ing his profession in the state of Florida, and based on his representation that he and his company, Design Advocates, were qualified to perform architectural services of the type required to carry out the project contemplated by Gate, did enter into a contract with Curts, and…”

Polk Cty. Rand v. State Dept. Legal, 666 So. 2d 279 (Fla. 2d DCA 1996). · cites it 4× “At the time the appellee commenced its action against the appellant and when service of process was attempted, the appellant was a dissolved corporation, and therefore, personal service of process had to be accomplished pursuant to section 48.101, Florida Statutes (1991). This…”

Mills Corp. v. Amato, 72 So. 3d 814 (Fla. 4th DCA 2011). · cites it 2× “Section 48.101, Florida Statutes (2007), titled “Service on dissolved corporation,” provides that process shall be served in accordance with Section 48.”

In Re Amendments to Fla. Rules Civ. Proc., 604 So. 2d 1110 (Fla. 1992). “081 (service on corporation), § 48.101 (service on dissolved corporations), § 48.”

Intern. Steel Truss Co. v. Artec Grp., Inc., 824 So. 2d 340 (Fla. 2d DCA 2002). “Under section 48.101, service of process on corporations dissolved on or after July 1, 1990, is to be accomplished according to section 48.”

In Re Amendments to Rules of Civ. Proc., 536 So. 2d 974 (Fla. 1988). “081 (service on corporation), § 48.101 (service on dissolved corporations), § 48.”

Goethel v. First Props. Intern., Ltd., 363 So. 2d 1117 (Fla. 3d DCA 1978). · cites it 2× “" This service, pursuant to Section 48.101, Florida Statutes (1977), was made on January 28, 1977, and process was served on him as a member of the last board of directors of said corporations.”

Am. Nat'l Bank v. Jennings Dev., Inc., 432 F. Supp. 151 (M.D. Fla. 1977). · cites it 2× “Fla.Stat. § 48.101. It seems clear that under the legislative plan, although actions against a dissolved corporation remain viable for three years, those actions are in reality brought against, and defended by, the corporation’s representatives — its directors-trustees.”

Show all 24 citing cases →

— 48.101(2)(b) — 2 cases

Paul v. S.N.Y. Relocation Sys. Co. (D.N.M. 2024).

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