Florida Statutes
Fla. Stat. § 517.101 (2025)
Consent to service.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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517.101 Consent to service.—
(1) Upon any initial application for registration under s. 517.081 or s. 517.082 or upon request of the office, the issuer shall file with such application the irrevocable written consent of the issuer that in suits, proceedings, and actions growing out of the violation of any provision of this chapter, the service on the office of a notice, process, or pleading therein, authorized by the laws of this state, shall be as valid and binding as if due service had been made on the issuer.
(2) Any such action must be brought either in the county of the plaintiff’s residence or in the county in which the office has its official headquarters. The written consent must be authenticated by the seal of the issuer, if it has a seal, and by the acknowledged signature of a director, manager, managing member, general partner, trustee, or officer of the issuer and must be accompanied by a duly certified copy of the resolution of the issuer’s board of directors, trustees, managers, managing members, or general partners authorizing the signer to execute the consent. In case any process or pleadings mentioned in this chapter are served upon the office, service must be by duplicate copies, one of which must be filed in the office and the other immediately forwarded by the office by registered mail to the principal office of the issuer against which the process or pleadings are directed.
History.—s. 3, ch. 78-435; s. 5, ch. 80-254; s. 392, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 14, 15, ch. 90-362; s. 4, ch. 91-429; s. 4, ch. 96-338; s. 7, ch. 97-224; s. 591, ch. 2003-261; s. 11, ch. 2024-168.
Notes of Decisions
Cited in 5
cases, 1988–1991 · leading case: Birnholz v. 44 Wall Street Fund, Inc., 559 So. 2d 1128 (Fla. 1990).
Birnholz v. 44 Wall Street Fund, Inc., 559 So. 2d 1128 (Fla. 1990). “upon filing with this Department; (b) an irrevocable written consent to service as required by Section 517.101, Florida Statutes; (c) payment of the statutory fee as required by Section 517.”
Commodity Futures Trading Comm'n v. Am. Metal Exch. Corp., 693 F. Supp. 168 (D.N.J. 1988). “, and Fla.Stat.Ann. § 517.101 et seq. In July of 1987, the court granted such relief as against defendants American Metals Exchange (“AME”), Anglo Swiss Metals (“Anglo Swiss”), FC & M Investment Corp.”
Commodity Futures Trading Comm'n v. Am. Metals Exch. Corp., 775 F. Supp. 767 (D.N.J. 1991). “(1989), and the Florida Investor Protection Act, Fla. Stat.Ann. § 517.101 et seq. (Westlaw 1991).”
Birnholz v. 44 Wall Street Fund, Inc., 904 F.2d 567 (11th Cir. 1990). “(b) an irrevocable written consent to service as required by Section 517.101, Florida Statutes; (c) payment of the statutory fee as required by Section 517.”
Birnholz v. 44 Wall Street Fund, 904 F.2d 567 (11th Cir. 1990). “upon filing with this Department; (b) an irrevocable written consent to service as required by Section 517.101, Florida Statutes; (c) payment of the statutory fee as required by Section 517.”
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