Florida Statute 48.161 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

View Entire Chapter

F.S. 48.161

48.161 Method of substituted service on nonresident.—

(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 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. The 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. The Secretary of State shall keep a record of all process served on the Secretary of State showing the day and hour of service.

(2) Notice of service and a copy of the process must be sent forthwith 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 be sent by such electronic means or, if the party is being served by substituted service, the notice of service and a copy of the process must be served at such party’s last known physical address and, if applicable, last known electronic address. 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. 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 substituted service under this section and that show due diligence was exercised in attempting to locate and effectuate personal service on the party before using substituted service under this section. 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.

(3) When an individual or a business entity conceals its whereabouts, the party seeking to effectuate service, after exercising due diligence to locate and effectuate personal service, may 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 (2); 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.

(4) 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.

(5) 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.

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

(7) Service of process is effectuated under this section on the date the service is received by the Department of State.

(8) 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.

(9) 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.

Note.—Former ss. 47.30, 47.32.

F.S. 48.161 on Google Scholar

F.S. 48.161 on Casetext

Amendments to 48.161

Arrestable Offenses / Crimes under Fla. Stat. 48.161

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.161.

Annotations, Discussions, Cases:

Cases Citing Statute 48.161

Total Results: 20

BHANDARI, JAMUNA PETROLEUM, INC. v. CONKLIN

Court: District Court of Appeal of Florida | Date Filed: 2024-07-17

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

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

Court: District Court of Appeal of Florida | Date Filed: 2023-12-20

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

TILIA CORDATA, LLC v. YELLOW FUNDING CORP.

Court: District Court of Appeal of Florida | Date Filed: 2023-02-08

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

ROGER QUISENBERRY v. DOUGLAS M. BATES

Court: District Court of Appeal of Florida | Date Filed: 2023-02-01

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

ROGER QUISENBERRY v. DOUGLAS M. BATES

Court: District Court of Appeal of Florida | Date Filed: 2022-09-07

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2021-02-03

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-09-12

Citation: 254 So. 3d 1018

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

Moss v. The Estate of Curt Hudson

Court: District Court of Appeal of Florida | Date Filed: 2018-07-23

Citation: 252 So. 3d 785

Snippet: the separate procedural requirements of section 48.161, Florida Statutes (2015), for effectuating substituted

GREEN EMERALD HOMES, LLC v. GREEN TREE SERVICING LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-11-15

Citation: 230 So. 3d 607

Snippet: comply with the notice requirements under -section 48,161(1), Florida Statutes (2016). Section 48.062(3)

Green Emerald Homes, LLC v. Federal National Mortgage Association

Court: District Court of Appeal of Florida | Date Filed: 2017-08-02

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

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

Green Emerald Homes, LLC v. Nationstar Mortgage, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-02-17

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

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2017-01-13

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

Snippet: Secretary of State pursuant to sections 48.062(3) and 48.161(1), Florida Statutes (2014). We reverse and remand

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

Court: District Court of Appeal of Florida | Date Filed: 2016-08-24

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

Snippet: plaintiff failed to comply with either sections 48.161 or 48.151, Florida Statutes (2014). We write to

Green v. Lingle

Court: District Court of Appeal of Florida | Date Filed: 2015-06-18

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

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

Paola A. Alvardo-Fernandez v. Matthew Mazoff

Court: District Court of Appeal of Florida | Date Filed: 2014-10-08

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2014-09-05

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

Snippet: been perfected pursuant to sections 48.181 and 48.161, Florida Statutes (2012), and because it was not

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

Court: District Court of Appeal of Florida | Date Filed: 2014-02-26

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2013-01-25

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

Snippet: statute requires an affidavit from the plaintiff: 48.161 Method of substituted service on nonresident [[Image

Drury v. NATIONAL AUTO LENDERS, INC.

Court: District Court of Appeal of Florida | Date Filed: 2012-03-14

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

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

Hernandez v. State Farm Mutual Automobile Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2010-03-31

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

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