48.151 Service on statutory agents for certain persons.—
(1) When any law designates a public officer, board, agency, or commission as the agent for service of process on any person, firm, or corporation, service of process thereunder shall be made by leaving one copy of the process with the public officer, board, agency, or commission or in the office thereof, or by mailing one copy to the public officer, board, agency, or commission, except as provided in subsection (3). The public officer, board, agency, or commission so served shall retain a record copy and promptly send the copy served, by registered or certified mail, to the person to be served as shown by his or her or its records. Proof of service on the public officer, board, agency, or commission shall be by a notice accepting the process which shall be issued by the public officer, board, agency, or commission promptly after service and filed in the court issuing the process. The notice accepting service shall state the date upon which the copy of the process was mailed by the public officer, board, agency, or commission to the person being served and the time for pleading prescribed by the rules of procedure shall run from this date. The service is valid service for all purposes on the person for whom the public officer, board, agency, or commission is statutory agent for service of process.
1(2) This section does not apply to substituted service of process under s. 48.161 or s. 48.181.
(3) The Chief Financial Officer is the agent for service of process on all insurers applying for authority to transact insurance in this state, all licensed nonresident insurance agents, all nonresident disability insurance agents licensed pursuant to s. 626.835, any unauthorized insurer under s. 626.906 or s. 626.937, domestic reciprocal insurers, fraternal benefit societies under chapter 632, warranty associations under chapter 634, prepaid limited health service organizations under chapter 636, and persons required to file statements under s. 628.461. The Department of Financial Services shall create a secure online portal as the sole means to accept service of process on the Chief Financial Officer under this section.
(4) The Director of the Office of Financial Regulation of the Financial Services Commission is the agent for service of process for any issuer as defined in s. 517.021, or any dealer, investment adviser, or associated person registered with that office, for any violation of any provision of chapter 517.
(5) The Secretary of State is the agent for service of process for any retailer, dealer or vendor who has failed to designate an agent for service of process as required under s. 212.151 for violations of chapter 212.
(6) For purposes of this section, records may be retained as paper or electronic copies.
“(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.”
Cited 15 times | Published | Supreme Court of Florida | 1992 WL 163953
....081 (service on corporation), § 48.101 (service on dissolved corporations), § 48.111 (service on public agencies or officers), § 48.121 (service on the state), § 48.131 (service on alien property custodian), § 48.141 (service on labor unions), § 48.151 (service on statutory agents for certain purposes), Florida Statutes, and all statutes providing for substituted service on the Ssecretary of Sstate....
Cited 13 times | Published | Florida 4th District Court of Appeal | 2001 WL 1472564
...On July 5, 2000, Ruby filed a motion for default, which was entered by the clerk on July 13. On July 17, Lloyd's filed its motion to set aside the default. The issue is whether Lloyd's failure to timely respond to the lawsuit amounted to excusable neglect. The Department of Insurance, pursuant to section 48.151(1), Florida Statutes (2000), forwarded the complaint to Lloyd's registered agent at the New York law firm of Mendes and Mount....
Cited 9 times | Published | Supreme Court of Florida
....081 (service on corporation), § 48.101 (service on dissolved corporations), § 48.111 (service on public agencies or officers), § 48.121 (service on the state), § 48.131 (service on alien property custodian), § 48.141 (service on labor unions), § 48.151 (service on statutory agents for certain purposes), and all statutes providing for substituted service on the Secretary of State....
...he defendant after being transmitted by the Insurance Commissioner and Treasurer. Durr Drug Co. v. The American Surety Co. of New York, 126 F.Supp. 815 (M.D.Ala.1954) and Mahony v. Witt Ice and Gas Co., 131 F.Supp. 564 (W.D.Mo.1955). Florida Statute § 48.151(3) provides the statutory authority for service of process on the Insurance Commissioner and Treasurer and states in pertinent part that "the Insurance Commissioner and Treasurer or his assistant or deputy or another person in charge of his...
...ss on all insurers applying for authority to transact insurance in this state". By doing business in the state, the Defendant has consented to the Insurance Commissioner and Treasurer as its agent for service of process. In addition, Florida Statute § 48.151(1) defines proof of service on the Insurance Commissioner and Treasurer as: "a notice accepting the process which shall be issued by the public officer, board, agency or commission promptly after service and filed in the court issuing the process....
...No. 20) that the determination of when service of process is obtained upon an insurance company must be consistent to give certainty to the legal process. This Court certainly agrees that where possible, there should be consistency. Florida Statute § 48.151(1) defines the time for pleading as running from the date upon which the copy of the process was mailed by the public officer, board, agency or commission to the person being served....
...Circuit in and for Pinellas County, Florida. On December 17, 1993, Plaintiffs served the summons and complaint on the Florida Insurance Commissioner and Treasurer, who serves as an agent for all insurers in the state for service of process. Fl.Stat. § 48.151(3)....
...Therefore, Defendant should not be bound by the Insurance Commissioner and Treasurer's actions. The Court does not accept this reasoning for the simple fact that the Florida Statutes clearly designate the Insurance Commissioner and Treasurer as an agent for all insurers in the state. Fla.Stat. § 48.151(3)(2)....
...626.906 or s. 626.937, domestic reciprocal insurers, fraternal benefit societies under chapter 632, automobile inspection and warranty associations, ambulance service association, and persons required to file statements under s. 628.461." Fl.Stat. § 48.151(3) [1] This matter was specifically referred to the undersigned by United States District Judge Susan C....
...626.906 or s. 626.937, domestic reciprocal insurers, fraternal benefit societies under chapter 632, automobile inspections and warranty associations, ambulance service associations, and persons required to file statements under s. 628.461." Fl.Stat. § 48.151(3)....
...l Circuit on September 28, 2004. The original complaint was served upon by the Chief Financial Officer (formerly known as the Insurance Commissioner) for the State of Florida on August 30, 2004, and mailed to United on September 1, 2004, pursuant to Section 48.151(1), Fla....
...First, the plaintiff - failed to amend its complaint to allege the neces^ sary allegations to support substitute service. Alhussain v. Sylvia, 712 So.2d 806 (Fla. 4th DCA -1998). Second, upon serving the Secretary of State, the plaintiff failed to comply with either sections 48.161 or 48.151, Florida Statutes (2014)....
...The Secretary noted the date and time of receipt. See § 605.0117(6), Fla. Stat. (2014). The plaintiff then filed the return of service. The defendant moved to quash service; It argued that the complaint failed to allege substitute service, and that the plaintiff failed to follow either sections-48.151 or 48.161, with respect to communicating that substitute service beyond filing the return....
...Section 605.0117(6) provides also that the Department must keep a record of each process, notice, and demand served, and record the time of “and the action taken regarding the service.” However, it does not specify the nature of any action to be taken by the Department. Cf. § 48.151, Fla....
...Consequently, we reverse the order that denied the defendant’s motion to quash substitute service made upon the Secretary of State, and remand for further proceedings. Reversed and remanded. GERBER, LEVINE and KLINGENSMITH, JJ., concur. . The parties do not dispute that the newly enacted statutes apply to this case. . Section 48.151(1) provides that the Secretary shall "promptly send the copy served, by registered or certified mail, to the person to be served as shown by his or her or its records.” It must also issue a notice accepting the process and file it in the court issuing the process. Plaintiff did not comply with this section either. By its express terms, section 48.161(3) provides that it does not apply to persons on whom service is authorized under section 48.151. Section 48.151(2) provides that it does not apply to substituted service on nonresidents....
...Subsequently, the court denied Appellant’s motion to vacate the default, set aside the foreclosure judgment and cancel the foreclosure sale. The issue on appeal is whether proper service was effected. Appellee claims it properly served process by following the procedures outlined in sections 48.181 and 48.151, Florida Statutes (2012)....
...cretary of State’s Office or by mailing the copies and fee by certified mail to the Secretary of State’s Office. Notice of the service and a copy of the process must then be sent by registered or certified mail by the plaintiff to the defendant. Section 48.151, Florida Statutes, delineates another method of service of process. Notably, however, by its terms, it does not apply to substituted service or process on nonresidents. § 48.151(2), Fla....
...ablish process pursuant to Florida law which provides that the Florida Secretary of State may be deemed the agent for service of process for “any retailer, dealer, or vendor who has failed to designate an agent for service of process.” Fla.Stat. § 48.151(5) (1989)....
...e by leaving two copies of the process with the public officer____ The public officer ... so served shall file one copy in his or its records and promptly send the other copy, by registered or certified mail, to the person to be served____ Fla.Stat. § 48.151(1) (1989) (emphasis added)....
...On December 3, 1990, the subcontractor, Hensel Phelps, filed a breach of contract action and breach of payment bond and performance bond, against Centex-Rodgers and its sureties in Duval County Circuit Court. On December 4, 1990, Hensel Phelps served the Florida Insurance Commissioner’s office, pursuant to section 48.151(3), Florida Statutes, and service of process was accepted that same date pursuant to sections 624.422 and 624.-423, Florida Statutes....
...Markovits is entitled to reasonable attorneys’ and paralegals’
fees. § 624.422(1), Fla. Stat. (2014). We therefore reverse and
remand for a hearing to determine the amount of fees to be
awarded to Markovits.
As required by law, the complaint was served on the CFO.
See §§ 48.151, 624.422, 624.423, Fla....
...1st DCA
1992), we discussed “whether service on a foreign corporation and
its surety is perfected through service on the Insurance
Commissioner’s office, as agent of the surety.” At the time, the
Insurance Commissioner was the statutory agent under sections
48.151, 624.422, and 624.423, but the statutes were otherwise
almost identical to the 2014 versions....
...Rodgers, hold that once service was perfected on the CFO, the
running of the 90-day period started, after which it was
4
permissible for a proposal for settlement to be served on State
Farm.
Our holding is also based on section 48.151(1), which states
that “[w]hen any law designates a public officer, board, agency, or
commission as agent for service of process” and the person or
entity so designated is served with process, then “service is valid
service for al...
