Florida Statute 48.181 | 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. 48.181

48.181 Substituted service on nonresidents and foreign business entities engaging in business in state or concealing their whereabouts.—

(1) As used in this section, the term “foreign business entity” means any corporation or other business entity that is incorporated, formed, or existing under the laws of any other state, territory, or commonwealth, or the laws of any foreign country.

(2) The acceptance by any individual who is a resident of any other state, territory, or commonwealth, or of any foreign country, or by any foreign business entity of the privilege extended by law to nonresidents to operate, conduct, engage in, or carry on a business or business venture in this state, or to have an office or agency in this state, is deemed to constitute an appointment by the individual or foreign business entity of the Secretary of State of this state as its agent on whom process in any action or proceeding against the individual or foreign business entity, or any combination thereof, arising out of any transaction or operation connected with or incidental to the business or business venture may be served as substituted service in accordance with this chapter. The acceptance of the privilege is signification of the agreement of the respective individual or foreign business entity that the process served against it in accordance with this chapter is of the same validity as if served personally on the individual or foreign business entity.

(3) If a foreign business entity has registered to do business in this state and has maintained its registration in an active status or otherwise continued to have a registered agent, personal service of process must first be attempted on the foreign business entity in the manner and order of priority described in this chapter as applicable to the foreign business entity. If, after due diligence, the party seeking to effectuate service of process is unable to effectuate service of process on the registered agent or other official as provided in this chapter, the party may use substituted service of process on the Secretary of State.

(4) Any individual or foreign business entity that conceals its whereabouts is deemed to have appointed the Secretary of State as its agent on whom all process may be served, in any action or proceeding against it, or any combination thereof, arising out of any transaction or operation connected with or incidental to any business or business venture carried on in this state by such individual or foreign business entity.

(5) Any individual or foreign business entity that sells, consigns, or leases by any means whatsoever tangible or intangible personal property, through brokers, jobbers, wholesalers, or distributors to any individual, corporation, or other business entity in this state is conclusively presumed to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business or business venture in this state.

(6) Service pursuant to this section must be effectuated in the manner prescribed by s. 48.161.

History.—s. 1, ch. 6224, 1911; RGS 2602; CGL 4249; s. 1, ch. 26657, 1951; s. 1, ch. 57-747; s. 4, ch. 67-254; s. 2, ch. 84-2; s. 279, ch. 95-147; s. 12, ch. 2022-190.

Note.—Former s. 47.16.

F.S. 48.181 on Google Scholar

F.S. 48.181 on Casetext

Amendments to 48.181

Arrestable Offenses / Crimes under Fla. Stat. 48.181

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.181.

Annotations, Discussions, Cases:

Cases Citing Statute 48.181

Total Results: 20

Ningbo Daye Garden Machinery Co, Ltd. v. International Global Resources Corp. d/b/a Global Retail Solutions

Court: District Court of Appeal of Florida | Date Filed: 2024-02-14

Snippet: DNA subjected it to jurisdiction under section 48.181(3). This is a theory which GRS abandoned. Thus

TILIA CORDATA, LLC v. YELLOW FUNDING CORP.

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

Snippet: Secretary of State on September 3, 2020. See § 48.181, Fla. Stat. (2020) (providing the requisites for

MISCHA HERFF v. WESTON PROPERTIES, LLC

Court: District Court of Appeal of Florida | Date Filed: 2022-03-09

Snippet: Florida Secretary of State pursuant to section 48.181(1), Florida Statutes (2020), was not authorized

Epstein v. Brunel

Court: District Court of Appeal of Florida | Date Filed: 2019-04-24

Citation: 271 So. 3d 1173

Snippet: 2010) (holding that service pursuant to section 48.181(1), which allows for substitute service on residents

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: For instance, as relevant to this case, section 48.181, Florida Statutes (2012), authorizes substitute

SILVIO COZZETTO v. BANYAN FINANCE, LLC and UNITED WELLNESS CENTER, INC.

Court: District Court of Appeal of Florida | Date Filed: 2018-01-10

Snippet: through the Florida Secretary of State under section 48.181(1), Florida Statutes (2014), was insufficient.

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: service on the Secretary of State pursuant to section 48.181(1), Florida Statutes (2016). We reverse for two

Stonepeak Partners, LP v. Tall Tower Capital, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-08-11

Snippet: Labbee dealt with another long-arm statute, section 48.181, Florida Statutes (2003), that also applies to

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: Specifically, Green Emerald argued that under section 48.181, Fannie Mae’s substitute service of process was

U.S. Bank, N.A. v. JAK Mortgage, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-07-12

Citation: 224 So. 3d 268, 2017 WL 2960743, 2017 Fla. App. LEXIS 9960

Snippet: foreclosure action. 3 . See section 48.181(1) of the Florida Statutes, which authorizes this

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: limited liability company as provided for in s. 48.181.” § 48.062(3), Fla. Stat.; see also § 605.0117(3)

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: include service according to sections 48.161 and 48.181, Florida Statutes, because the Hague Convention

Coastal Capital Venture, LLC v. Integrity Staffing Solutions, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2014-09-12

Citation: 153 So. 3d 283, 2014 Fla. App. LEXIS 14236, 2014 WL 4476533

Snippet: Florida Secretary of State pursuant to section 48.181(1), Florida Statutes (2012). That statute permits

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: by following the procedures outlined in sections 48.181 and 48.151, Florida Statutes (2012). It claims

Ulloa v. CMI, Inc.

Court: Supreme Court of Florida | Date Filed: 2013-11-07

Citation: 133 So. 3d 914, 38 Fla. L. Weekly Supp. 804, 2013 WL 5942299, 2013 Fla. LEXIS 2420

Snippet: ” § 48.081(3)(a), Fla. Stat. (2010); see also § 48.181(2), Fla. Stat. (2010) (“If a foreign corporation

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: substitute service statute provides, in relevant part: 48.181 Service on nonresident engaging in business in

Twin Oaks Villas, Ltd. v. Joel D. Smith, L.L.C.

Court: District Court of Appeal of Florida | Date Filed: 2011-12-02

Citation: 79 So. 3d 67, 2011 Fla. App. LEXIS 19200, 2011 WL 6032692

Snippet: of the limited partnership as provided for in s. 48.181." Section 620.1117(2) authorized service on the

Reynolds American, Inc. v. Gero

Court: District Court of Appeal of Florida | Date Filed: 2011-03-09

Citation: 56 So. 3d 117, 2011 Fla. App. LEXIS 3179, 2011 WL 799764

Snippet: under the closely related provisions of subsection 48.181(1), Florida Statutes (1989), as well as section

DELANCY v. Tobias

Court: District Court of Appeal of Florida | Date Filed: 2010-01-20

Citation: 26 So. 3d 77, 2010 Fla. App. LEXIS 275, 2010 WL 173560

Snippet: service in compliance with sections 48.161 and 48.181, Florida Statutes, and further filed a motion for

818 Asset Management, Inc. v. Neiman

Court: District Court of Appeal of Florida | Date Filed: 2009-10-28

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

Snippet: of the limited partnership as provided for in s. 48.181.” The undisputed facts pertinent to this appeal