Florida Statute 48.181 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

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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: Fla. Dist. Ct. App. | Date Filed: 2024-02-14T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2023-02-07T23:53:00-08:00

Snippet: Secretary of State on September 3, 2020. See § 48.181, Fla. Stat. (2020) (providing the requisites for…Funding had failed to comply with section 48.161 and 48.181’s statutory requisites and procedures for effectuating

MISCHA HERFF v. WESTON PROPERTIES, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-08T23:53:00-08:00

Snippet: Florida Secretary of State pursuant to section 48.181(1), Florida Statutes (2020), was not authorized…sought to be served pursuant to Fla. Stat. [section] 48.181(1) must be considered collectively and show a general…Legislature in enacting Florida Statute [section] 48.181, . . . to be that any individual or corporation…purpose of service under Florida Statute [section] 48.181, . . . in suits resulting from their activity within…estate constitutes a business venture under section 48.181). Reversed and remanded for further proceedings

Epstein v. Brunel

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-24T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2018-09-12T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2018-01-09T23:53:00-08:00

Snippet: section 48.181 by substituted service on the Florida Secretary of State, but section 48.181’s requirements…through the Florida Secretary of State under section 48.181(1), Florida Statutes (2014), was insufficient. … Florida Secretary of State pursuant to section 48.181(1), Florida Statutes (2014), which provides, in… him. Given these undisputed facts, § 48.181, Florida Statutes, could not be applied to…Florida Secretary of State in accordance with section 48.181(1) merely because its complaint alleged that the

GREEN EMERALD HOMES, LLC v. GREEN TREE SERVICING LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-15T00:00:00-08:00

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…for-substitute service provided under' section 48.181(1). Second, GTS failed to comply with the notice…two jurisdictional grounds provided under section 48.181(1). Green Emerald Homes, LLC v. Fed. Nat’l Mortg…for substitute service provided under . section 48.181,(1). Furthermore, the record does not reflect that

Stonepeak Partners, LP v. Tall Tower Capital, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-11T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2017-08-02T00:00:00-07:00

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

Snippet: comply with section 48.181 concerning substitute service because (1) section 48.181 applies only to service…Specifically, Green Emerald argued that under section 48.181, Fannie Mae’s substitute service of process was…we note that Fannie Mae’s argument that section 48.181 only applies to nonresidents of Florida is belied…belied by the text of the statute. See § 48.181(1) (stating that the Florida Secretary of State is permitted…party seeking to invoke the provisions of [section 48.181].” Mecca, 954 So.2d at 1182. Here, because Fannie

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

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-12T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2016-08-24T00:00:00-07:00

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

Snippet: section 48.181,Florida Statutes (2014). When substituted service is made under section 48.181,the requirements…limited liability company as provided for in s. 48.181.” § 48.062(3), Fla. Stat.; see also § 605.0117(…we look to section 48.062’s reference to section 48.181,and its link to section 48.161 as set forth above…with section 48.161, applicable through section 48.181. Consequently, we reverse the order that denied

Paola A. Alvardo-Fernandez v. Matthew Mazoff

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-08T00:00:00-07:00

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…parties is outlined in sections 48.161, 48.171 and 48.181. Section 48.161 requires substituted service….2d 855, 857-58 (Fla. 2d DCA 1978)). Section 48.181 sets forth the jurisdictional requirements for …825 F.Supp.2d 1264, 1265 (S.D.Fla.2011) (citing § 48.181, Fla. Stat. (2011)). Under Section 48.171,

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

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-12T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2014-09-05T00:00:00-07:00

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 …should have been perfected pursuant to sections 48.181 and 48.161, Florida Statutes (2012), and because…business in this state. As such, pursuant to section 48.181(1), Florida Statutes, Florida’s Secretary of State

Ulloa v. CMI, Inc.

Court: Fla. | Date Filed: 2013-11-07T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2013-01-25T00:00:00-08:00

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 …the business or business venture may be served. § 48.181(1), Fla. Stat. (2010) (emphasis added). Here, Gaynor…conceals his whereabouts or evades service. See § 48.181(1). Finally, the trial court erred in concluding…See Fla. R. Civ. P. 1.540(b)(4) (2011). . See § 48.181(1), Fla. Stat. (2010). . We reject without comment

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-02T00:00:00-08:00

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

Reynolds American, Inc. v. Gero

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-09T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2010-01-20T00:00:00-08:00

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…diligence. This appeal ensued. II. ANALYSIS Section 48.181(1) provides for substituted service on residents…he was concealing his whereabouts. [2] Section 48.181(1), Florida Statutes, provides that any person

818 Asset Management, Inc. v. Neiman

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-28T00:00:00-07:00

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…Secretary of State under the provisions of section 48.181, which accepted service on 818’s behalf. Neiman…June 6, 2007], [[Image here]] 16. Florida Statute 48.181 only permits service of process upon the Secretary…whereabouts ....”. [sic] Counné concedes that section 48.181, Florida Statutes (2007), provides that any person