Florida Statute 48.161 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

View Entire Chapter

F.S. 48.161

¹48.161 Method of substituted service on certain parties in care of the Secretary of State.—

(1) When authorized by law, substituted service of process on a nonresident individual or a corporation or other business entity incorporated or formed under the laws of any other state, territory, or commonwealth, or the laws of any foreign country, may be made by sending a copy of the process to the office of the Secretary of State. Such process must be issued in the name of the party to be served, in the care of the Secretary of State, and must be made by personal delivery; by registered mail; by certified mail, return receipt requested; by use of a commercial firm regularly engaged in the business of document or package delivery; or by electronic transmission. Such service is sufficient service on a party that has appointed or is deemed to have appointed the Secretary of State as such party’s agent for service of process.

(2) When an individual or a business entity is a nonresident or conceals his, her, or its whereabouts, the party seeking to effectuate service may, after exercising due diligence to locate and effectuate personal service, use the substituted service method specified in subsection (1) in connection with any action in which the court has jurisdiction over the individual or business entity.

(3) Whenever a party is using substituted service specified in subsection (1), notice of service and a copy of the process must also be sent forthwith to the party being served by the party effectuating service or by such party’s attorney by registered mail; by certified mail, return receipt requested; or by use of a commercial firm regularly engaged in the business of document or package delivery. In addition, if the parties have recently and regularly used e-mail or other electronic means to communicate between themselves, the notice of service and a copy of the process must also be sent by such electronic means. The notice of service and a copy of the process must be sent to the last known physical address and, if applicable, last known electronic address of the party being served. The party effectuating service shall file proof of service or return receipts showing delivery to the other party by mail or courier and by electronic means, if electronic means were used, unless the party is actively refusing or rejecting the delivery of the notice or the party is concealing himself, herself, or itself. An affidavit of compliance of the party effectuating service or such party’s attorney must be filed within 40 days after the date of service on the Secretary of State or within such additional time as the court allows. The affidavit of compliance must set forth the facts that justify such substituted service and must contain sufficient facts showing:

(a) That due diligence was exercised in attempting to locate and effectuate personal service on the party; and

(b) To the extent applicable, the party’s nonresidence, or concealment, or that the party is a business entity for which substituted service is otherwise authorized by law. The party effectuating service does not need to allege in its original or amended complaint the facts required to be set forth in the affidavit of compliance.

(4) When an individual or a business entity conceals its whereabouts, the party seeking to effectuate service may, after exercising due diligence to locate and effectuate personal service, use substituted service pursuant to subsection (1) in connection with any action in which the court has jurisdiction over such individual or business entity. The party seeking to effectuate service must also comply with subsection (3); however, a return receipt or other proof showing acceptance of receipt of the notice of service and a copy of the process by the concealed party need not be filed.

(5) The party effectuating service is considered to have used due diligence if that party:

(a) Made diligent inquiry and exerted an honest and conscientious effort appropriate to the circumstances to acquire the information necessary to effectuate personal service;

(b) In seeking to effectuate personal service, reasonably employed the knowledge at the party’s command, including knowledge obtained pursuant to paragraph (a); and

(c) Made an appropriate number of attempts to serve the party, taking into account the particular circumstances, during such times when and where such party is reasonably likely to be found, as determined through resources reasonably available to the party seeking to secure service of process.

(6) If any individual on whom service of process is authorized under subsection (1) dies, service may be made in the same manner on his or her administrator, executor, curator, or personal representative.

(7) The Secretary of State may designate an individual in his or her office to accept service.

(8) Service of process is effectuated under this section on the date the affidavit of compliance is filed, or the date when the notice of service requirements under subsection (3) are completed, whichever is later.

(9) The Department of State shall maintain a record of each process served pursuant to this section and record the time of and the action taken regarding the service. The Secretary of State and the Department of State are not parties to the lawsuit by reason of substituted service under this section, and additional court filings regarding such lawsuit may not be served upon or sent to the Secretary of State or the Department of State after the substituted service is effectuated.

(10) This section does not apply to persons on whom service is authorized under s. 48.151.

History.—ss. 2, 4, ch. 17254, 1935; CGL 1936 Supp. 4274 (8), (10); s. 1, ch. 59-382; s. 4, ch. 67-254; s. 4, ch. 71-114; s. 1, ch. 71-308; s. 57, ch. 90-132; s. 277, ch. 95-147; s. 11, ch. 2022-190; s. 3, 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. 47.30, 47.32.

F.S. 48.161 on Google Scholar

F.S. 48.161 on CourtListener

Amendments to 48.161

Annotations, Discussions, Cases:

Cases Citing Statute 48.161

Total Results: 134

Dinsmore v. Martin Blumenthal Associates, Inc.

314 So. 2d 561, 1975 Fla. LEXIS 3245

Supreme Court of Florida | Filed: May 21, 1975 | Docket: 246026

Cited 43 times | Published

Secretary of State as provided by § 47.30 [now § 48.161], the party attempting to perfect such service

Gordon v. John Deere Company

264 So. 2d 419, 1972 Fla. LEXIS 3558

Supreme Court of Florida | Filed: Jul 5, 1972 | Docket: 1321997

Cited 29 times | Published

1970. Service attempted under Florida Statutes § 48.161 and § 48.181, F.S.A. was quashed by the United

Youngblood v. Citrus Assoc. of NY Cotton Exch., Inc.

276 So. 2d 505

District Court of Appeal of Florida | Filed: Apr 17, 1973 | Docket: 346357

Cited 25 times | Published

U.Miami L.Rev. at 18. [9] See Florida Statute § 48.161 (1971), F.S.A. [10] Fla. Stat. § 48.182, F.S

Wyatt v. Haese

649 So. 2d 905, 1995 WL 36077

District Court of Appeal of Florida | Filed: Feb 1, 1995 | Docket: 1320632

Cited 22 times | Published

affidavit of compliance in accordance with section 48.161, Florida Statutes (1989). An amended complaint

McClenon v. Nissan Motor Corp. in U.S.A.

726 F. Supp. 822, 1989 U.S. Dist. LEXIS 15072, 1989 WL 151050

District Court, N.D. Florida | Filed: Sep 25, 1989 | Docket: 1335548

Cited 17 times | Published

summons and complaint, and as provided for in Section 48.161, plaintiffs then sent Nissan, Ltd., by certified

Orange Motors, Etc. v. Rueben H. Donnelley

415 So. 2d 892

District Court of Appeal of Florida | Filed: Jun 29, 1982 | Docket: 390811

Cited 17 times | Published

affidavit of compliance in accordance with Section 48.161, Florida Statutes (1977); and (b) insufficient

Hernandez v. STATE FARM MUT. AUTO. INS. CO.

32 So. 3d 695, 2010 WL 1222689

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1197529

Cited 16 times | Published

signed by the appellant in compliance with section 48.161, Florida Statutes. Appellant was involved in

American Baseball Cap, Inc. v. Duzinski

308 So. 2d 639

District Court of Appeal of Florida | Filed: Jan 31, 1975 | Docket: 2523928

Cited 16 times | Published

Florida's "long-arm statutes", specifically F.S. 48.161, 48.181 and 48.182. Appellant filed a motion

Horace v. American National Bank and Trust Co.

251 So. 2d 33

District Court of Appeal of Florida | Filed: Aug 3, 1971 | Docket: 418728

Cited 16 times | Published

business venture" within the meaning of F.S. Section 48.161, F.S.A. We do not agree. In Odell, defendants

Wiggam v. Bamford

562 So. 2d 389, 1990 WL 70627

District Court of Appeal of Florida | Filed: May 30, 1990 | Docket: 1674766

Cited 15 times | Published

rise to the level of due diligence required by section 48.161, Florida Statutes (1987). We find no merit

George Fischer Ltd. v. Plastiline, Inc.

379 So. 2d 697

District Court of Appeal of Florida | Filed: Feb 6, 1980 | Docket: 1681136

Cited 13 times | Published

Secretary of State, under the provisions of Section 48.161 and 48.181, Florida Statutes. Its motion to

PSR ASSOC. v. Artcraft-Health

364 So. 2d 855

District Court of Appeal of Florida | Filed: Nov 29, 1978 | Docket: 461853

Cited 13 times | Published

by plaintiff or his attorney as required by Section 48.161[4] (including a return receipt of certified

Alvarado v. Cisneros

919 So. 2d 585, 2006 WL 119817

District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 1678521

Cited 12 times | Published

effecting substituted service are outlined in section 48.161, Florida Statutes (2001).[2] Because substituted

Monaco v. Nealon

810 So. 2d 1084, 2002 WL 429265

District Court of Appeal of Florida | Filed: Mar 20, 2002 | Docket: 1654671

Cited 12 times | Published

and 2) the service must strictly comply with section 48.161, Florida Statutes (2000), which sets forth

FIRST NAT. BK. OF KISSIMMEE v. Dunham

342 So. 2d 1021

District Court of Appeal of Florida | Filed: Feb 11, 1977 | Docket: 421052

Cited 12 times | Published

Section 47.16, Florida Statutes (1963) (now Section 48.161, Florida Statutes (1973)). Dilbeck did not

Chapman v. Sheffield

750 So. 2d 140, 2000 WL 63044

District Court of Appeal of Florida | Filed: Jan 27, 2000 | Docket: 1736631

Cited 11 times | Published

effecting substituted process is outlined in section 48.161, Florida Statutes. According to this statute

Kirby v. Omi Corp.

655 F. Supp. 219, 1987 A.M.C. 2704, 1987 U.S. Dist. LEXIS 1816

District Court, M.D. Florida | Filed: Feb 25, 1987 | Docket: 890784

Cited 11 times | Published

process as required by Florida law. See Fla.Stat. § 48.161 (1985). Defendant does not dispute that it received

Turcotte v. Graves

374 So. 2d 641

District Court of Appeal of Florida | Filed: Aug 22, 1979 | Docket: 430527

Cited 10 times | Published

353 So.2d 961 (Fla. 2d DCA 1978). Secondly, Section 48.161, Florida Statutes, requires that the process

Atlas Van Lines, Inc. v. Rossmoore

271 So. 2d 31, 1972 Fla. App. LEXIS 5662

District Court of Appeal of Florida | Filed: Dec 13, 1972 | Docket: 1730032

Cited 10 times | Published

of such service was not sent to it pursuant to § 48.161, F.S. 1971, F.S.A., which reads in pertinent part

Jones v. Denmark

259 So. 2d 198

District Court of Appeal of Florida | Filed: Mar 14, 1972 | Docket: 471610

Cited 10 times | Published

was compliance with the procedure outlined in § 48.161 Fla. Stat., F.S.A. for effecting the substituted

Brown v. Seebach

763 F. Supp. 574, 1991 U.S. Dist. LEXIS 5047, 1991 WL 57908

District Court, S.D. Florida | Filed: Apr 12, 1991 | Docket: 1153336

Cited 9 times | Published

elements required to fall within the language of § 48.161 Fla.Stat. The plaintiff has met the burden by

NATIONSBANK, NA v. Ziner

726 So. 2d 364, 1999 WL 44493

District Court of Appeal of Florida | Filed: Feb 3, 1999 | Docket: 1711508

Cited 8 times | Published

generally, Fla.R.Civ.P. 1.070(i); Fla. Stat. § 48.161 (1997). It argues, however, that Berezin waived

PELYCADO ONROEREND v. Ruthenberg

635 So. 2d 1001

District Court of Appeal of Florida | Filed: Apr 22, 1994 | Docket: 1352729

Cited 8 times | Published

all agree that service was attempted pursuant to § 48.161, Florida Statutes (1991) and § 48.181, Florida

Gloucester Engineering, Inc. v. Mendoza

489 So. 2d 141, 11 Fla. L. Weekly 1202

District Court of Appeal of Florida | Filed: May 27, 1986 | Docket: 1070360

Cited 8 times | Published

governing substituted service upon nonresidents. § 48.161(1), Fla. Stat. (1985); Smith v. Import Birds,

Compania Anonima Simantob v. Bank of America International

373 So. 2d 68

District Court of Appeal of Florida | Filed: Jul 3, 1979 | Docket: 1772732

Cited 8 times | Published

(1977),[2] so that service of process pursuant to § 48.161, Florida Statutes (1977)[3] was insufficient to

Parish Mortgage Corporation v. Davis

251 So. 2d 342

District Court of Appeal of Florida | Filed: Jun 22, 1971 | Docket: 459341

Cited 8 times | Published

for obtaining service was that provided for by § 48.161 Fla. Stat., F.S.A. Service of a summons was made

Green v. Nashner

216 So. 2d 492

District Court of Appeal of Florida | Filed: Dec 17, 1968 | Docket: 420793

Cited 8 times | Published

The service of process was attempted pursuant to § 48.161, Fla. Stat., F.S.A. under authority of § 48.171

Manufacturers Hanover Trust Company v. William R. Ponsoldt

51 F.3d 938, 32 Fed. R. Serv. 3d 478, 1995 U.S. App. LEXIS 8923, 1995 WL 230419

Court of Appeals for the Eleventh Circuit | Filed: Apr 19, 1995 | Docket: 1506371

Cited 7 times | Published

181(1) by using the procedure set forth in Fla.Stat. 48.161(1). 4 . Ponsoldt made no appearance

Cortez Development Co. v. New York Capital Group, Inc.

401 So. 2d 1163

District Court of Appeal of Florida | Filed: Aug 4, 1981 | Docket: 1686513

Cited 7 times | Published

"REFUSED," substituted service of process under Section 48.161, Florida Statutes (1979), was invalid in light

Leviten v. Gaunt

360 So. 2d 112

District Court of Appeal of Florida | Filed: Jun 6, 1978 | Docket: 1474933

Cited 7 times | Published

never filed with the court, as required by Section 48.161, is a sufficient basis upon which to reverse

Fleischman v. Morris

260 So. 2d 278

District Court of Appeal of Florida | Filed: Apr 11, 1972 | Docket: 1747090

Cited 7 times | Published

effect substituted service of process under F.S. 48.161 and F.S. 48.181, F.S.A. A default was entered

Waxoyl Ag v. Taylor, Brion, Buker

711 So. 2d 1251, 1998 WL 250758

District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 1337612

Cited 6 times | Published

substituted service on the secretary of state. See § 48.161, Fla. Stat. (1995). The law firm took the position

Crews v. Shadburne

637 So. 2d 979, 1994 WL 241733

District Court of Appeal of Florida | Filed: Jun 7, 1994 | Docket: 1184572

Cited 6 times | Published

Shadburne's name. Thereafter, the Crewses utilized section 48.161, Florida Statutes, to effect substituted service

Carlini v. STATE, DEPT. OF LEGAL AFFAIRS

521 So. 2d 254, 13 Fla. L. Weekly 624, 1988 Fla. App. LEXIS 750, 1988 WL 16009

District Court of Appeal of Florida | Filed: Mar 2, 1988 | Docket: 1703602

Cited 6 times | Published

substituted service of process pursuant to section 48.161, Florida Statutes. Therefore, we hold that

WCTU Ry. Co. v. Szilagyi

511 So. 2d 727, 12 Fla. L. Weekly 2066

District Court of Appeal of Florida | Filed: Aug 25, 1987 | Docket: 1338133

Cited 6 times | Published

service of process made in accordance with section 48.161, Florida Statutes (1983), pursuant to section

Shiffman v. Stumpff

445 So. 2d 1104

District Court of Appeal of Florida | Filed: Feb 29, 1984 | Docket: 1287546

Cited 6 times | Published

file an affidavit of compliance as required by section 48.161(1), Florida Statutes (1981). On July 14, 1980

American Baseball Cap, Inc. v. Duzinski

359 So. 2d 483

District Court of Appeal of Florida | Filed: May 9, 1978 | Docket: 1418111

Cited 6 times | Published

substituted service of process on defendant under F.S. 48.161, F.S. 48.181 and F.S. 48.182. Defendant filed

Drury v. NATIONAL AUTO LENDERS, INC.

83 So. 3d 951, 2012 WL 832813, 2012 Fla. App. LEXIS 4065

District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 1935505

Cited 5 times | Published

to justify . . . service by publication."). Section 48.161 of *953 the Florida Statutes delineates the

Vega Glen v. Club Méditerranée S.A.

359 F. Supp. 2d 1352, 18 A.L.R. Fed. 2d 827, 2005 U.S. Dist. LEXIS 3274, 2005 WL 497816

District Court, S.D. Florida | Filed: Feb 16, 2005 | Docket: 2337586

Cited 5 times | Published

court explained that because Florida Statutes § 48.161 requires the sending of notice of process directly

Jennings v. Montenegro

792 So. 2d 1258, 2001 WL 1007925

District Court of Appeal of Florida | Filed: Sep 5, 2001 | Docket: 1735371

Cited 5 times | Published

service of process for failure to comply with section 48.161, Florida Statutes (1999), and for failure to

Arison v. Offer

669 So. 2d 1128, 1996 WL 120976

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 1526182

Cited 5 times | Published

the substituted service did not comply with section 48.161, Florida Statutes (Supp.1990). Arison v. Offer

Smith v. Import Birds, Inc.

461 So. 2d 1026, 10 Fla. L. Weekly 139, 1985 Fla. App. LEXIS 11800

District Court of Appeal of Florida | Filed: Jan 4, 1985 | Docket: 311136

Cited 5 times | Published

non-resident has not been complied with pursuant to § 48.161, Florida Statutes (1984). Unless the plaintiff

Crews v. Rohlfing

285 So. 2d 433

District Court of Appeal of Florida | Filed: Nov 13, 1973 | Docket: 1491255

Cited 5 times | Published

of state under the long-arm statute (F.S., Section 48.161, F.S.A.), and a copy of the summons and complaint

Jupiter House, LLC v. Deutsche Bank National Trust Co.

198 So. 3d 1122, 2016 Fla. App. LEXIS 12808, 2016 WL 4468146

District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 60256402

Cited 4 times | Published

plaintiff was required to comply with section 48.161. Section 48.161 is the general substitute service statute

Paola A. Alvardo-Fernandez v. Matthew Mazoff

151 So. 3d 8, 2014 Fla. App. LEXIS 15631, 2014 WL 4988409

District Court of Appeal of Florida | Filed: Oct 8, 2014 | Docket: 1432430

Cited 4 times | Published

State in accordance with the provisions of section 48.161, Florida Statutes (2013). Plaintiff also mailed

Hernandez v. State Farm Mutual Automobile Insurance Co.

32 So. 3d 695, 2010 Fla. App. LEXIS 4190

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 60289879

Cited 4 times | Published

signed by the appellant in compliance with section 48.161, Florida Statutes. Appellant was involved in

Dubois v. Butler Ex Rel. Butler

901 So. 2d 1029, 2005 WL 1226133

District Court of Appeal of Florida | Filed: May 25, 2005 | Docket: 1666349

Cited 4 times | Published

the affidavit of compliance as required by section 48.161(1)." We therefore reverse the orders denying

Smith v. Leaman

826 So. 2d 1077, 2002 WL 31174379

District Court of Appeal of Florida | Filed: Oct 2, 2002 | Docket: 1198227

Cited 4 times | Published

with the substituted service requirements of section 48.161, Florida Statutes (2001), we reverse. The Leamans

Linn v. Kidd

714 So. 2d 1185, 1998 WL 432788

District Court of Appeal of Florida | Filed: Aug 3, 1998 | Docket: 461603

Cited 4 times | Published

return receipt from the Linns as required by section 48.161. They further argue that the appropriate disposition

Suroor v. First Inv. Corp.

700 So. 2d 139, 1997 WL 627539

District Court of Appeal of Florida | Filed: Oct 10, 1997 | Docket: 2543894

Cited 4 times | Published

requirements for substitute service provided in section 48.161, (2) failed to include sufficient jurisdictional

Mercy Lu Enterprises, Inc. v. Liberty Mut. Ins. Co.

681 So. 2d 758, 1996 Fla. App. LEXIS 9280, 1996 WL 496991

District Court of Appeal of Florida | Filed: Sep 4, 1996 | Docket: 1385406

Cited 4 times | Published

who conceals his whereabouts. To comply with section 48.161, Florida Statutes (1993), Liberty Mutual's

Global Servicios, SA v. Toplis & Harding, Inc.

561 So. 2d 674, 1990 Fla. App. LEXIS 3348, 1990 WL 62838

District Court of Appeal of Florida | Filed: May 15, 1990 | Docket: 2576683

Cited 4 times | Published

Service was effected upon Global pursuant to section 48.161, Florida Statutes (1987). Global moved to dismiss

Gulf Atlantic Transport Co. v. Offshore Tugs, Inc.

740 F. Supp. 823, 1990 WL 82650

District Court, M.D. Florida | Filed: Mar 26, 1990 | Docket: 1776208

Cited 4 times | Published

case defendants were served pursuant to Fla.Stat. § 48.161, which provides for substituted service of process

Logan v. Mora

555 So. 2d 1267, 1989 WL 153776

District Court of Appeal of Florida | Filed: Dec 19, 1989 | Docket: 1724712

Cited 4 times | Published

affidavit stating that Mora had complied fully with Section 48.161 by serving the Secretary *1268 of State, sending

Law Offices of Evan I. Fetterman v. Inter-Tel

480 So. 2d 1382, 11 Fla. L. Weekly 131, 1985 Fla. App. LEXIS 6031

District Court of Appeal of Florida | Filed: Dec 31, 1985 | Docket: 1220390

Cited 4 times | Published

substituted service on a nonresident set forth in section 48.161, Florida Statutes (1983), which included the

Conde v. Professional Mediquip of Florida, Inc.

436 So. 2d 322

District Court of Appeal of Florida | Filed: Aug 10, 1983 | Docket: 1340077

Cited 4 times | Published

service had been effected in compliance with Section 48.161, Florida Statutes. However, the original summons

Green Emerald Homes, LLC v. Federal National Mortgage Association

224 So. 3d 799, 2017 Fla. App. LEXIS 10967, 2017 WL 3271624

District Court of Appeal of Florida | Filed: Aug 2, 2017 | Docket: 6130683

Cited 3 times | Published

required to comply with the notice requirements in section 48.161. Id. at 265 (citing Jupiter House, 198 So.3d

Pinero v. Yam Margate, L.L.C.

825 F. Supp. 2d 1264, 2011 U.S. Dist. LEXIS 135854, 2011 WL 5865293

District Court, S.D. Florida | Filed: Aug 12, 2011 | Docket: 1432690

Cited 3 times | Published

Business in State", rather than Florida Statutes § 48.161, titled "Method of Substituted Service on Nonresident"

Hodges v. Noel

675 So. 2d 248, 1996 WL 332951

District Court of Appeal of Florida | Filed: Jun 19, 1996 | Docket: 1323032

Cited 3 times | Published

plead the basis for substituted service under section 48.161, Florida Statutes (1993). Noel did not seek

MAJOR APPLIANCES v. Mt. Vernon Fire Ins. Co.

462 So. 2d 561, 10 Fla. L. Weekly 194

District Court of Appeal of Florida | Filed: Jan 15, 1985 | Docket: 449530

Cited 3 times | Published

suit was chargeable to the defendant-insured. See § 48.161(1), Fla. Stat. (1983) (method of substituted service

SOCIETE HELLIN, S.A. and FRANCISCO MORILLO v. VALLEY COMMERCIAL CAPITAL, LLC

254 So. 3d 1018

District Court of Appeal of Florida | Filed: Sep 12, 2018 | Docket: 7863693

Cited 2 times | Published

arguments that plaintiff failed to comply with section 48.161’s technical requirements for substitute service

Lobo v. Celebrity Cruises, Inc.

667 F. Supp. 2d 1324, 2009 U.S. Dist. LEXIS 108371, 2009 WL 3642817

District Court, S.D. Florida | Filed: Sep 10, 2009 | Docket: 2201400

Cited 2 times | Published

service upon the Union was proper under Fla. Stat. § 48.161, which permits substituted service on nonresidents

Valliappan v. Cruz

871 So. 2d 1035, 2004 WL 950221

District Court of Appeal of Florida | Filed: May 5, 2004 | Docket: 245065

Cited 2 times | Published

substituted service provisions of section 48.161, Florida Statutes. Section 48.161 allows substituted service

All Mobile Video, Inc. v. Whitener

773 So. 2d 587, 2000 WL 1741675

District Court of Appeal of Florida | Filed: Nov 28, 2000 | Docket: 1687677

Cited 2 times | Published

1985), found that Appellees had complied with section 48.161 by attempting to serve Appellant's listed service

Hanna v. Millbyer

570 So. 2d 1087, 1990 WL 192002

District Court of Appeal of Florida | Filed: Dec 4, 1990 | Docket: 351004

Cited 2 times | Published

compliance and a notification of service, see § 48.161(1), Fla. Stat. (1989), were not satisfifed. See

SIERRA HOLDING v. Sharp Electronics

471 So. 2d 196, 10 Fla. L. Weekly 1526, 1985 Fla. App. LEXIS 14633

District Court of Appeal of Florida | Filed: Jun 19, 1985 | Docket: 123515

Cited 2 times | Published

notice of service of process requirement of section 48.161, Florida Statutes. See Atlas Van Lines, Inc

Bodden v. Young

422 So. 2d 1055

District Court of Appeal of Florida | Filed: Dec 1, 1982 | Docket: 1739947

Cited 2 times | Published

conceals his whereabouts within the State. See Section 48.161, Florida Statutes (1981). Plaintiff filed suit

Florida Bar v. Peake

364 So. 2d 431

Supreme Court of Florida | Filed: Dec 14, 1978 | Docket: 461735

Cited 2 times | Published

upon the Secretary of State in compliance with Section 48.161, Florida Statutes (1975), thus giving us personal

Tracfone Wireless, Inc. v. Distelec Distribuciones Electronicas, S.A. de DV

268 F.R.D. 687, 2010 U.S. Dist. LEXIS 94978, 2010 WL 3359529

District Court, S.D. Florida | Filed: Aug 23, 2010 | Docket: 66042199

Cited 1 times | Published

substituted service of process pursuant to Fla. Stat. § 48.161 and 48.181. (See D.E. 32 at 2.) On July 19, 2010

Wise v. Warner

932 So. 2d 591, 2006 WL 1788173

District Court of Appeal of Florida | Filed: Jun 30, 2006 | Docket: 1285550

Cited 1 times | Published

strictly comply with the statutory requirements of section 48.161, Florida Statutes (2004), we reverse. Warner

CommerceBank, N.A. v. Taylor

639 So. 2d 1058, 1994 Fla. App. LEXIS 6902, 1994 WL 330192

District Court of Appeal of Florida | Filed: Jul 12, 1994 | Docket: 64749703

Cited 1 times | Published

that, therefore, substituted service under section 48.161 was valid. Accordingly, the trial court’s order

John Green Corp. v. Coello

635 So. 2d 127, 1994 Fla. App. LEXIS 3365, 1994 WL 123538

District Court of Appeal of Florida | Filed: Apr 12, 1994 | Docket: 64747682

Cited 1 times | Published

serving the Secretary of State pursuant to section 48.161, Florida Statutes (1991). On November 5, 1992

United States v. Agnew

80 F.R.D. 506, 27 Fed. R. Serv. 2d 205, 1978 U.S. Dist. LEXIS 7206

District Court, S.D. Florida | Filed: Dec 15, 1978 | Docket: 66075104

Cited 1 times | Published

on the defendant pursuant to Florida Statutes § 48.161 and § 48.181, which provide for substituted service

New Beginning Missionary Baptist Church, Inc., Etc. v. City First Mortgage Corp., Etc.

District Court of Appeal of Florida | Filed: Jun 25, 2025 | Docket: 70630882

Published

of the domestic corporation . . . .”) (2024); § 48.161(1), Fla. Stat. (“When authorized by law, substituted

L. Anton Rebalko v. Ihab Atallah and Jessica Atallah

District Court of Appeal of Florida | Filed: May 28, 2025 | Docket: 70387864

Published

service on the Secretary of State pursuant to section 48.161(2), Florida Statutes (2023). We have explained:

InClaim, LLC v. Structural Wrap, LLC

District Court of Appeal of Florida | Filed: May 28, 2025 | Docket: 70387858

Published

Structural Wrap, and thus improperly relied upon section 48.161, Florida Statutes (2023), to effectuate service

BHANDARI, JAMUNA PETROLEUM, INC. v. CONKLIN

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68950374

Published

the Florida Secretary of State, relying on section 48.161, Florida Statutes (2021). She then filed her

Boynton Beach 615, LLC v. U.S. Bank Trust National Association

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103703

Published

it did not comply with the requirements of section 48.161, Florida Statutes (2022). We agree with the

TILIA CORDATA, LLC v. YELLOW FUNDING CORP.

District Court of Appeal of Florida | Filed: Feb 8, 2023 | Docket: 66795930

Published

engaging in business in the state of Florida); § 48.161, Fla. Stat. (2020) (providing the method for

ROGER QUISENBERRY v. DOUGLAS M. BATES

District Court of Appeal of Florida | Filed: Feb 1, 2023 | Docket: 66777703

Published

personal service, he should have served him under section 48.161, Florida Statutes (2020) (“Method of substituted

ROGER QUISENBERRY v. DOUGLAS M. BATES

District Court of Appeal of Florida | Filed: Sep 7, 2022 | Docket: 64952877

Published

personal service, he should have served him under section 48.161, Florida Statutes (2020) (“Method of substituted

OTTAWA PROPERTIES 1 LLC v. US BANK, NA, etc.

District Court of Appeal of Florida | Filed: Feb 3, 2021 | Docket: 59053860

Published

failed to file a return receipt, as required by section 48.161(1), Florida Statutes, and failed to attempt

Moss v. The Estate of Curt Hudson

252 So. 3d 785

District Court of Appeal of Florida | Filed: Jul 23, 2018 | Docket: 7588434

Published

with the separate procedural requirements of section 48.161, Florida Statutes (2015), for effectuating

GREEN EMERALD HOMES, LLC v. GREEN TREE SERVICING LLC

230 So. 3d 607

District Court of Appeal of Florida | Filed: Nov 15, 2017 | Docket: 6223875

Published

comply with the notice requirements under -section 48,161(1), Florida Statutes (2016). Section 48

Green Emerald Homes, LLC v. Nationstar Mortgage, LLC

210 So. 3d 263, 2017 WL 650961, 2017 Fla. App. LEXIS 2147

District Court of Appeal of Florida | Filed: Feb 17, 2017 | Docket: 4586865

Published

failed to comply with the notice requirements in section 48.161(1), Florida Statutes (2014). We agree and reverse

Green Emerald Homes, LLC v. PNC Bank, N.A.

207 So. 3d 1027, 2017 Fla. App. LEXIS 297

District Court of Appeal of Florida | Filed: Jan 13, 2017 | Docket: 4571012

Published

PNC failed to comply with the requirements of section 48.161(1); specifically: (1) PNC did not mail a copy

Green v. Lingle

166 So. 3d 221, 2015 Fla. App. LEXIS 9278, 2015 WL 3777711

District Court of Appeal of Florida | Filed: Jun 18, 2015 | Docket: 60248333

Published

time period nor has the Plaintiff complied with § 48.161, Fla. Stat. or § 48.171, Fla. Stat.,” which set

HSBC Bank USA, National Ass'n v. Centre Court Ridge Condominium Ass'n

147 So. 3d 593, 2014 Fla. App. LEXIS 13738, 2014 WL 4374954

District Court of Appeal of Florida | Filed: Sep 5, 2014 | Docket: 60243289

Published

proceeding against [Appellant] ... may be served.” Section 48.161(1), Florida Statutes, provides that substituted

Crystal Springs Partners, Ltd. v. Michael R. Band, P.A.

132 So. 3d 1230, 2014 WL 775463, 2014 Fla. App. LEXIS 2604

District Court of Appeal of Florida | Filed: Feb 26, 2014 | Docket: 60238357

Published

of initial process on Crystal Springs under section 48.161(1), Florida Statutes (2012). Concluding that

Gaynor Hill Enterprises, Inc. v. Allan Enterprises, LLC

113 So. 3d 933, 2013 WL 275264, 2013 Fla. App. LEXIS 1031

District Court of Appeal of Florida | Filed: Jan 25, 2013 | Docket: 60231650

Published

her attorney of compliance shall be filed.... § 48.161(1) (emphasis added). “An affidavit is ... a statement

Cohen v. Aponte

24 So. 3d 807, 2010 Fla. App. LEXIS 24, 2010 WL 22697

District Court of Appeal of Florida | Filed: Jan 6, 2010 | Docket: 1152652

Published

questioned compliance with the requirements of section 48.161, Florida Statutes, are at issue in this appeal

818 Asset Management, Inc. v. Neiman

22 So. 3d 659, 2009 Fla. App. LEXIS 16084, 2009 WL 3446609

District Court of Appeal of Florida | Filed: Oct 28, 2009 | Docket: 2510373

Published

required statutory notice was mailed to her. See § 48.161(1), Fla. Stat. (2007). Because this sworn testimony

Gardina v. Aronowitz

899 So. 2d 1248, 2005 Fla. App. LEXIS 5471, 2005 WL 906170

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 64837843

Published

substituted service on defendant Aronowitz under section 48.161 by serving the Florida Secretary of State.

Ardt v. America's Senior Financial Services, Inc.

885 So. 2d 918, 2004 Fla. App. LEXIS 14308, 2004 WL 2173397

District Court of Appeal of Florida | Filed: Sep 29, 2004 | Docket: 64833884

Published

out that plaintiff had failed to comply with section 48.161 in that it had failed to file an affidavit

Shelley v. State, Department of Financial Services

846 So. 2d 577, 2003 Fla. App. LEXIS 6032, 2003 WL 1961440

District Court of Appeal of Florida | Filed: Apr 28, 2003 | Docket: 64823193

Published

copy of the complaint to them, as required by section 48.161(1), Florida Statutes (2001). The law is clear

Chabli v. Prime Realty Investments Corp.

845 So. 2d 242, 2003 Fla. App. LEXIS 5425, 2003 WL 1877623

District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 64822826

Published

process was insufficient as a matter of law. See § 48.161, Fla. Stat. (2002); Hodges v. Noel, 675 So.2d

Tire Group International, Inc. v. Confianca Mudancas & Transportes

776 So. 2d 1057, 2001 Fla. App. LEXIS 1077, 2001 WL 99162

District Court of Appeal of Florida | Filed: Feb 7, 2001 | Docket: 64803393

Published

defendants in Brazil. In an attempt to comply with section 48.161, counsel also sent a copy of the Secretary

Woodworth v. Smith

773 So. 2d 1170, 2000 WL 1700216

District Court of Appeal of Florida | Filed: Nov 15, 2000 | Docket: 64802533

Published

plaintiff or his or her attorney to the defendant....” § 48.161(1), Fla. Stat. (1997) (emphasis added). The failure

Oteman, S.A. v. Napoles

757 So. 2d 1261, 2000 Fla. App. LEXIS 6197, 2000 WL 668163

District Court of Appeal of Florida | Filed: May 24, 2000 | Docket: 64797298

Published

appropriate affidavit of compliance as required by section 48.161, Florida Statutes (1999). We agree with the

Smith v. Alvarado

737 So. 2d 630, 1999 Fla. App. LEXIS 10081, 1999 WL 543268

District Court of Appeal of Florida | Filed: Jul 28, 1999 | Docket: 64789472

Published

Mut. Ins., 681 So.2d 758 (Fla. 4th DCA 1996); § 48.161, Fla. Stat. (1997). We agree with the appellants

Khambaty v. Lepine

734 So. 2d 1183, 1999 Fla. App. LEXIS 8642, 1999 WL 434866

District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 64788750

Published

service was invalid for failure to comply with section 48.161, Florida Statutes (1995). On December 18, 1996

Miami Chinese Community Center, Ltd. v. Interamerican Engineering Corp.

689 So. 2d 427, 1997 Fla. App. LEXIS 2331, 1997 WL 115274

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 64771664

Published

PER CURIAM. Affirmed. § 48.161(1), Fla.Stat. (1995); § 48.181(1), Fla.Stat. (1995); New England Rare

Onett v. Ahola

683 So. 2d 593, 1996 Fla. App. LEXIS 11921, 1996 WL 661739

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 64769343

Published

through the substituted service procedure of section 48.161, Florida Statutes. Plaintiff served the Secretary

Kenrick v. Coleman

679 So. 2d 865, 1996 Fla. App. LEXIS 9748, 1996 WL 525859

District Court of Appeal of Florida | Filed: Sep 18, 1996 | Docket: 64767469

Published

required by section 48.161, until 150 days after he had served the Secretary of State. Section 48.161 provides

Johnson v. Madronal

673 So. 2d 194, 1996 Fla. App. LEXIS 5110, 1996 WL 253283

District Court of Appeal of Florida | Filed: May 15, 1996 | Docket: 64764535

Published

PER CURIAM. Affirmed. § 48.161, Fla.Stat. (1995); see Bodden v. Young, 422 So.2d 1055 (Fla. 4th DCA

National Powerboat Ass'n v. Calabro

652 So. 2d 508, 1995 Fla. App. LEXIS 3204, 1995 WL 133337

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 64755161

Published

determines that plaintiff properly served defendant. § 48.161(1), Fla. Stat. (1993). We dismiss the appeal from

Edina Technical Products, Inc. v. Ho

633 So. 2d 1124, 1994 Fla. App. LEXIS 1696, 1994 WL 64933

District Court of Appeal of Florida | Filed: Mar 7, 1994 | Docket: 64747017

Published

which sustains the service of process under section 48.161. The amended complaint alleges that Edina is

Arison v. Offer

626 So. 2d 1039, 1993 Fla. App. LEXIS 11258, 1993 WL 458046

District Court of Appeal of Florida | Filed: Nov 10, 1993 | Docket: 64744064

Published

on Arison pursuant to section 48.161, Florida Statutes (1991). Section 48.161 requires that notice of

Alexander & Alexander of the Carolinas, Inc. v. Northwest Oxygen, Inc.

541 So. 2d 1238, 14 Fla. L. Weekly 501, 1989 Fla. App. LEXIS 767, 1989 WL 11962

District Court of Appeal of Florida | Filed: Feb 17, 1989 | Docket: 64641969

Published

rather served the Secretary of State pursuant to section 48.161. Northwest apparently relied on section 48

1155 Investment Co. v. Tamarac Club, Inc.

537 So. 2d 154, 14 Fla. L. Weekly 182, 1989 Fla. App. LEXIS 83, 1989 WL 626

District Court of Appeal of Florida | Filed: Jan 11, 1989 | Docket: 64639932

Published

noncompliance with the notice requirement of section 48.-161, Florida Statutes (1985). That section provides

Insolia v. Wagie

505 So. 2d 696, 12 Fla. L. Weekly 1095, 1987 Fla. App. LEXIS 7833

District Court of Appeal of Florida | Filed: Apr 22, 1987 | Docket: 64626485

Published

attempted by substituted service pursuant to Section 48.161, Florida Statutes (1985). There is no allegation

Dowd v. Nairn

478 So. 2d 1205, 10 Fla. L. Weekly 2730, 1985 Fla. App. LEXIS 17223

District Court of Appeal of Florida | Filed: Dec 11, 1985 | Docket: 64615768

Published

notice of service of process requirements of section 48.161, Florida Statutes (1983). Sierra Holding, Inc

Promotora De Inversiones Y Comercio v. Isle International Inc.

466 So. 2d 1177, 10 Fla. L. Weekly 876, 1985 Fla. App. LEXIS 13249

District Court of Appeal of Florida | Filed: Apr 2, 1985 | Docket: 64611165

Published

registered mail to the defendants pursuant to Section 48.-161 of the Florida Statutes (1983) were accomplished

Trammell v. Coral Ridge Interiors, Inc.

457 So. 2d 593, 9 Fla. L. Weekly 2221, 1984 Fla. App. LEXIS 15570

District Court of Appeal of Florida | Filed: Oct 17, 1984 | Docket: 64607423

Published

through the Secretary of State pursuant to section 48.161 and personal service outside the state pursuant

Argos Resources, Inc. v. Merritt

446 So. 2d 1123, 1984 Fla. App. LEXIS 12069

District Court of Appeal of Florida | Filed: Feb 28, 1984 | Docket: 64603489

Published

the service was legally sufficient under both section 48.161, Florida Statutes (1981), see Cortez Development

U.S. Tobacco Co. v. Hartford Accident & Indemnity Co.

444 So. 2d 81, 1984 Fla. App. LEXIS 11504

District Court of Appeal of Florida | Filed: Jan 27, 1984 | Docket: 64602280

Published

Statutes (1981).1 Appel-lee did not comply with section 48.161(1)2 which requires mailing by registered or

Radnay v. New England Sea Food Unlimited, Inc.

441 So. 2d 160, 1983 Fla. App. LEXIS 25452

District Court of Appeal of Florida | Filed: Oct 25, 1983 | Docket: 64600995

Published

Picarelli, 319 So.2d 645 (Fla. 3d DCA 1975); Section 48.-161 Florida Statutes (1979); Compare: Martino v

Styles v. United States Fidelity & Guaranty Co.

423 So. 2d 604, 1982 Fla. App. LEXIS 29316

District Court of Appeal of Florida | Filed: Dec 21, 1982 | Docket: 64594010

Published

to justify substituted service pursuant to Section 48.161, Florida Statutes (1977). Bird v. International

McIntyre v. Lamb

421 So. 2d 822, 1982 Fla. App. LEXIS 21616

District Court of Appeal of Florida | Filed: Nov 17, 1982 | Docket: 64593189

Published

process or within such time as the court allows.” Section 48.161(1). Though appellant did not satisfy the close

Benitez v. Insurance Co. of North America

385 So. 2d 128, 1980 Fla. App. LEXIS 17037

District Court of Appeal of Florida | Filed: Jun 17, 1980 | Docket: 64576880

Published

substituted service of process attempted herein under Section 48.161 and 48.171, Florida Statutes (1979), was legally

Benitez v. Insurance Co. of North America

385 So. 2d 128, 1980 Fla. App. LEXIS 17037

District Court of Appeal of Florida | Filed: Jun 17, 1980 | Docket: 64576880

Published

substituted service of process attempted herein under Section 48.161 and 48.171, Florida Statutes (1979), was legally

White v. Federal Financial Corp.

379 So. 2d 136, 1980 Fla. App. LEXIS 15441

District Court of Appeal of Florida | Filed: Jan 4, 1980 | Docket: 64574003

Published

appellee under the Florida Long Arm Statute, Section 48.161, Florida Statutes (1977). The trial court concluded

Seng Co. v. Burke

366 So. 2d 533, 1979 Fla. App. LEXIS 14237

District Court of Appeal of Florida | Filed: Jan 23, 1979 | Docket: 64568068

Published

serving the Secretary of State pursuant to Section 48.161-48.19, Florida Statutes (1977). The Seng Company

Luckey v. Smathers & Thompson

343 So. 2d 53, 1977 Fla. App. LEXIS 15414

District Court of Appeal of Florida | Filed: Feb 22, 1977 | Docket: 64557448

Published

that case that Luckey had, for the purposes of Section 48.161, Florida Statutes (1975), concealed himself

Golconda Corp. v. Newton

336 So. 2d 433, 1976 Fla. App. LEXIS 15321

District Court of Appeal of Florida | Filed: Aug 19, 1976 | Docket: 64554754

Published

Bastion-Blessing or Golconda as required by Section 48.161, Florida Statutes. A careful examination of

Fischer v. Bartberger

330 So. 2d 507, 1976 Fla. App. LEXIS 15017

District Court of Appeal of Florida | Filed: Apr 23, 1976 | Docket: 64553380

Published

Plaintiff’s right to use the “long arm” provision of Fla.Stat. 48.161 (1975) to obtain personal jurisdiction over

Moline v. Krukowski ex rel. Krukowski

329 So. 2d 22, 1976 Fla. App. LEXIS 14003

District Court of Appeal of Florida | Filed: Mar 2, 1976 | Docket: 64552946

Published

plaintiffs failed to comply with the requirements of § 48.161, Fla.Stat. regarding the negligence count, and

Howard Niggles Pontiac-Buick, Inc. v. Brooks

285 So. 2d 38

District Court of Appeal of Florida | Filed: Nov 6, 1973 | Docket: 64535465

Published

Niggles corporation in the manner provided for in § 48.161 Fla.Stat., F.S.A. The Niggles corporation moved

Maryland Casualty Co. v. Hartford Accident & Indemnity Co.

264 So. 2d 842, 1972 Fla. App. LEXIS 6559

District Court of Appeal of Florida | Filed: Jun 29, 1972 | Docket: 64526966

Published

Florida, are subject to service of process under § 48.161(2) of the Florida Statutes, F.S.A. This question

Lustig v. Feinberg

257 So. 2d 299, 1972 Fla. App. LEXIS 7368

District Court of Appeal of Florida | Filed: Feb 3, 1972 | Docket: 64524200

Published

Seigel, pursuant to the “long arm” statutes (F.S. § 48.161-48.19, F.S.A.) were complied with. The question

4th Dimension Interiors, Inc. v. Decorator Services Ltd.

256 So. 2d 571, 1972 Fla. App. LEXIS 7509

District Court of Appeal of Florida | Filed: Jan 18, 1972 | Docket: 64523954

Published

the third party complaint, as provided for under § 48.161 Fla.Stat., F.S.A., on the ground of their having

Central National Bank of Richmond v. Kelley

253 So. 2d 141, 1971 Fla. App. LEXIS 5833

District Court of Appeal of Florida | Filed: Oct 5, 1971 | Docket: 64522385

Published

representative of his estate could be so served. See § 48.161(1) and (2), Fla.Stat., F.S.A. However, at the

Bomann Golf, Inc. v. Cosmos Industries, Inc.

325 F. Supp. 704, 1971 U.S. Dist. LEXIS 13581

District Court, S.D. Florida | Filed: Apr 26, 1971 | Docket: 66069502

Published

Defendants allege that this is a violation of Section 48.161 citing Conway v. Spence, 119 So.2d 426 (3rd

Masters, Inc. v. Corley

222 So. 2d 465, 1969 Fla. App. LEXIS 5835

District Court of Appeal of Florida | Filed: Apr 29, 1969 | Docket: 64509768

Published

appellant pursuant to § 47.30, Fla.Stat., F.S.A. (now § 48.161, Fla.Stat.1967, F.S.A.). Masters, Inc., responded