Bill Text: FL S1062 | 2022 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Service of Process
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Enrolled - Dead) 2022-06-08 - Signed by Officers and presented to Governor [S1062 Detail]
Download: Florida-2022-S1062-Introduced.html
Bill Title: Service of Process
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Enrolled - Dead) 2022-06-08 - Signed by Officers and presented to Governor [S1062 Detail]
Download: Florida-2022-S1062-Introduced.html
Florida Senate - 2022 SB 1062 By Senator Bradley 5-01098A-22 20221062__ 1 A bill to be entitled 2 An act relating to service of process; amending s. 3 15.16, F.S.; authorizing the Department of State to 4 electronically receive service of process under ch. 5 48, F.S.; amending s. 48.061, F.S.; revising 6 procedures for service on partnerships, limited 7 liability partnerships, and limited partnerships; 8 amending s. 48.062, F.S.; defining the term 9 “registered foreign limited liability company”; 10 revising procedures for service on a domestic limited 11 liability company or registered foreign limited 12 liability company; amending s. 48.071, F.S.; providing 13 for service on nonresidents doing business in this 14 state by use of a commercial firm regularly engaged in 15 the business of document or package delivery; amending 16 s. 48.081, F.S.; defining the term “registered foreign 17 corporation”; revising requirements for service on a 18 domestic corporation or registered foreign 19 corporation; amending s. 48.091, F.S.; defining terms; 20 requiring designation of registered agents and 21 registered offices by certain partnerships, 22 corporations, and companies; specifying duties of a 23 registered agent; authorizing a person serving process 24 to serve certain persons under specified conditions; 25 amending s. 48.101, F.S.; providing for service on 26 dissolved corporations, dissolved limited liability 27 companies, dissolved limited partnerships, and 28 dissolved limited liability partnerships; creating s. 29 48.102, F.S.; authorizing service by other means in 30 certain circumstances; amending s. 48.151, F.S.; 31 revising the applicability of provisions relating to 32 service on statutory agents for certain persons; 33 amending s. 48.161, F.S.; revising provisions relating 34 to substituted service; providing for substituted 35 service on individuals or corporations or other 36 business entities; specifying actions that may be 37 considered due diligence in effectuating service; 38 specifying when service is considered effectuated; 39 requiring the Department of State to maintain certain 40 records; amending s. 48.181, F.S.; defining the term 41 “foreign business entity”; revising provisions 42 relating to substituted service; providing for 43 substituted service on certain nonresidents and 44 foreign business entities and on individuals and 45 foreign business entities concealing their 46 whereabouts; amending s. 48.194, F.S.; revising 47 provisions relating to service outside this state but 48 within the United States; deleting provisions relating 49 to service outside the United States; creating s. 50 48.197, F.S.; providing for service in a foreign 51 country; creating s. 49.072, F.S.; providing for 52 service of process for removal of unknown parties in 53 possession of real property; amending s. 766.106, 54 F.S.; revising requirements for service of presuit 55 notice before filing a medical negligence complaint; 56 creating a rebuttable presumption that service was 57 received by a prospective defendant in certain 58 circumstances; providing court duties if service is 59 challenged during subsequent litigation; revising 60 provisions concerning tolling of the statute of 61 limitations upon service of presuit notice by 62 specified means; amending ss. 495.145, 605.0117, 63 605.09091, 605.0910, 605.1045, 607.0504, 607.1423, 64 607.15101, 607.1520, 617.0504, 617.1510, 617.1520, 65 620.1117, 620.1907, 620.2105, 620.2109, 620.8915, and 66 620.8919, F.S.; conforming cross-references and 67 provisions to changes made by the act; providing 68 effective dates. 69 70 Be It Enacted by the Legislature of the State of Florida: 71 72 Section 1. Subsection (3) of section 15.16, Florida 73 Statutes, is amended to read: 74 15.16 Reproduction of records; admissibility in evidence; 75 electronic receipt and transmission of records; certification; 76 acknowledgment.— 77 (3) The Department of State may cause to be received 78 electronically any records that are required or authorized to be 79 filed with it pursuant to chapter 48, chapter 55, chapter 117, 80 chapter 118, chapter 495, chapter 605, chapter 606, chapter 607, 81 chapter 610, chapter 617, chapter 620, chapter 621, chapter 679, 82 chapter 713, or chapter 865, through facsimile or other 83 electronic transfers, for the purpose of filing such records. 84 The originals of all such electronically transmitted records 85 must be executed in the manner provided in paragraph (5)(b). The 86 receipt of such electronic transfer constitutes delivery to the 87 department as required by law. The department may use electronic 88 transmissions for purposes of notice in the administration of 89 chapters 48, 55, 117, 118, 495, 605, 606, 607, 610, 617, 620, 90 621, 679, and 713 and s. 865.09. The Department of State may 91 collect e-mail addresses for purposes of notice and 92 communication in the performance of its duties and may require 93 filers and registrants to furnish such e-mail addresses when 94 presenting documents for filing. 95 Section 2. Section 48.061, Florida Statutes, is amended to 96 read: 97 48.061 Service on partnerships, limited liability 98 partnerships, and limited partnerships.— 99 (1)(a) Process against a partnership that is not a limited 100 liability partnership or a limited partnership, including a 101 limited liability limited partnership, mustshallbe served on 102 any partner and is as valid for service on the partnership as if 103 served on each individual partner. 104 1. If a partner is not available during regular business 105 hours to accept service on behalf of the partnership, he or she 106 may designate an employee or agent to accept such service. 107 2. After one attempt to serve a partner or designated 108 employee or agent for service of process has been made, process 109 may be served on a person in charge of the partnership during 110 regular business hours. 111 (b) If the partnership designated an agent when registering 112 as a general partnership with the Department of State, service 113 on the agent is as valid for service on the partnership as if 114 served on each individual partner; however, unless individual 115 partners are served, the plaintiff may only proceed to judgment 116 and execution against the assets of the partnership. 117 (2)(a) Process against a domestic limited liability 118 partnership must first be served on the then-current registered 119 agent for service of process specified in its statement of 120 qualification, in its statement of qualification as amended or 121 restated, or as redesignated in its annual report or change of 122 agent filing and is as valid for service on the limited 123 liability partnership as if served on each individual partner. 124 If service cannot be made on the registered agent because the 125 domestic limited liability partnership ceases to have a 126 registered agent, or if the registered agent cannot otherwise be 127 served after one good faith attempt because of a failure to 128 comply with this chapter or chapter 620, the process may be 129 served on any partner. 130 1. If a partner is not available during regular business 131 hours to accept service on behalf of the partnership, he or she 132 may designate an employee to accept such service. 133 2. After one attempt to serve a partner or designated 134 employee has been made, process may be served on a person in 135 charge of the partnership during regular business hours. 136 (b) If, after due diligence, the process cannot be 137 completed under paragraph (a), the process may be served as 138 provided in s. 48.161 on the Secretary of State as an agent of 139 the domestic limited liability partnership or by order of the 140 court under s. 48.102. 141 (3)(a)1. Process against a domestic limited partnership, 142 including a domestic limited liability limited partnership, must 143 first be served on the then-current agent for service of process 144 specified in its certificate of limited partnership, in its 145 certificate as amended or restated, or as redesignated in its 146 annual report or change of agent filing and is as valid for 147 service on the domestic limited partnership as if served on each 148 individual general partner of the partnership. 149 2. If service cannot be made on the registered agent 150 because the domestic limited partnership or domestic limited 151 liability limited partnership ceases to have a registered agent, 152 or if the registered agent cannot otherwise be served following 153 one good faith attempt because of a failure to comply with this 154 chapter or chapter 620, the process may be served on any general 155 partner. 156 3. After service on a general partner or the registered 157 agent, the plaintiff may proceed to judgment and execution 158 against the assets of the domestic limited partnership or of 159 that general partner, unless the domestic limited partnership is 160 a limited liability limited partnership. 161 (b) If, after due diligence, the process cannot be 162 completed under paragraph (a), then process may be served as 163 provided in s. 48.161 on the Secretary of State as an agent of 164 the limited partnership or by order of the court under s. 165 48.102. 166 (4)(a) Process against a foreign limited liability 167 partnership that was required to comply with s. 620.9102 may be 168 served as prescribed under subsection (2). 169 (b) A foreign limited liability partnership engaging in 170 business in this state but not registered is considered, for 171 purposes of service of process, a nonresident engaging in 172 business in this state and may be served pursuant to s. 48.181 173 or by order of the court under s. 48.102. 174 (5)(a) Process against a foreign limited partnership that 175 was required to comply with s. 620.1902 may be served as 176 prescribed under subsection (3). 177 (b) A foreign limited partnership engaging in business in 178 this state but not registered is considered, for purposes of 179 service of process, a nonresident engaging in business in this 180 state and may be served pursuant to s. 48.181 or by order of the 181 court under s. 48.102After one attempt to serve a partner or182designated employee has been made, process may be served on the183person in charge of the partnership during regular business184hours. After service on any partner, plaintiff may proceed to185judgment and execution against that partner and the assets of186the partnership. After service on a designated employee or other187person in charge, plaintiff may proceed to judgment and188execution against the partnership assets but not against the189individual assets of any partner. 190(2)Process against a domestic limited partnership may be191served on any general partner or on the agent for service of192process specified in its certificate of limited partnership or193in its certificate as amended or restated and is as valid as if194served on each individual member of the partnership. After195service on a general partner or the agent, the plaintiff may196proceed to judgment and execution against the limited197partnership and all of the general partners individually. If a198general partner cannot be found in this state and service cannot199be made on an agent because of failure to maintain such an agent200or because the agent cannot be found or served with the exercise201of reasonable diligence, service of process may be effected by202service upon the Secretary of State as agent of the limited203partnership as provided for in s. 48.181. Service of process may204be made under ss. 48.071 and 48.21 on limited partnerships.205(3)Process against a foreign limited partnership may be206served on any general partner found in the state or on any agent207for service of process specified in its application for208registration and is as valid as if served on each individual209member of the partnership. If a general partner cannot be found210in this state and an agent for service of process has not been211appointed or, if appointed, the agent’s authority has been212revoked or the agent cannot be found or served with the exercise213of reasonable diligence, service of process may be effected by214service upon the Secretary of State as agent of the limited215partnership as provided for in s. 48.181, or process may be216served as provided in ss. 48.071 and 48.21.217 Section 3. Section 48.062, Florida Statutes, is amended to 218 read: 219 48.062 Service on a domestic limited liability company or 220 registered foreign limited liability company.— 221 (1) As used in this section, the term “registered foreign 222 limited liability company” means a foreign limited liability 223 company that has an active certificate of authority to transact 224 business in this state pursuant to a record filed with the 225 Department of State. 226 (2)Process againstA domestic limited liability company,227domesticor registered foreign limited liability company,may be 228 served with process required or authorized by law by service on 229 itstheregistered agent designated by the domestic limited 230 liability company or registered foreign limited liability 231 company under chapter 605.A person attempting to serve process232pursuant to this subsection may serve the process on any233employee of the registered agent during the first attempt at234service even if the registered agent is a natural person and is235temporarily absent from his or her office.236 (3)(2)If service cannot be made on a registered agent of 237 the domestic limited liability company or registered foreign 238 limited liability company because the domestic limited liability 239 company or registered foreign limited liability company ceases 240 to have a registered agent, or if the registered agent of the 241 domestic limited liability company or registered foreign limited 242 liability company cannot otherwise be served after one good 243 faith attempt because of a failure to comply with this chapter 244 or chapter 605or because the limited liability company does not245have a registered agent, or if its registered agent cannot with246reasonable diligence be served, process against the limited247liability company, domestic or foreign, the process may be 248 served on any of the following: 249 (a) Any manager of a manager-managed domestic limited 250 liability company or registered foreign limited liability 251 company.On a member of a member-managed limited liability252company;253 (b) Any member of a member-managed domestic limited 254 liability company or registered foreign limited liability 255 company.On a manager of a manager-managed limited liability256company; or257 (c) Any person listed publicly by the domestic limited 258 liability company or registered foreign limited liability 259 company on its latest annual report, as most recently amendedIf260a member or manager is not available during regular business261hours to accept service on behalf of the limited liability262company, he, she, or it may designate an employee of the limited263liability company to accept such service. After one attempt to264serve a member, manager, or designated employee has been made,265process may be served on the person in charge of the limited266liability company during regular business hours. 267 (4)(3)If, after duereasonablediligence, theservice of268 process cannot be completed under subsection (2) and if either: 269 (a) The only person listed publicly by the domestic limited 270 liability company or registered foreign limited liability 271 company on its latest annual report, as most recently amended, 272 is also the registered agent on whom service was attempted under 273 subsection (2); or 274 (b) After due diligence, service was attempted on at least 275 one person listed publicly by the domestic limited liability 276 company or registered foreign limited liability company on its 277 latest annual report, as most recently amended, and cannot be 278 completed on such person under subsection (3)(1) or subsection279(2), 280 281 the service of process may be served as provided in s. 48.161 on 282effected by service uponthe Secretary of State as an agent of 283 the domestic limited liability company or the registered foreign 284 limited liability company or by order of the court under s. 285 48.102as provided for in s. 48.181. 286 (5)(4)If the address for the registered agent or any 287 person listed publicly by the domestic limited liability company 288 or registered foreign limited liability company on its latest 289 annual report, as most recently amended,member, or manageris a 290 residence, a private mailbox, a virtual office, or an executive 291 office or mini suite, service on the domestic limited liability 292 company or registered foreign limited liability company may be 293 made by serving any of the following: 294 (a) The registered agent of the domestic limited liability 295 company or registered foreign limited liability company, in 296 accordance with s. 48.031. 297 (b) Any person listed publicly by the domestic limited 298 liability company or registered foreign limited liability 299 company on its latest annual report, as most recently amended, 300 in accordance with s. 48.031. 301 (c) Any,member,or manager of the domestic limited 302 liability company or registered foreign limited liability 303 company, in accordance with s. 48.031. 304 (6) A foreign limited liability company engaging in 305 business in this state which is not registered is considered, 306 for purposes of service of process, a nonresident engaging in 307 business in this state and may be served pursuant to s. 48.181 308 or by order of the court under s. 48.102. 309 (7)(5)This section does not apply to service of process on 310 insurance companies. 311 Section 4. Section 48.071, Florida Statutes, is amended to 312 read: 313 48.071 Service on agents of nonresidents doing business in 314 the state.—When any natural person or partnership not residing 315 or having a principal place of business in this state engages in 316 business in this state, process may be served on the person who 317 is in charge of any business in which the defendant is engaged 318 within this state at the time of service, including agents 319 soliciting orders for goods, wares, merchandise, or services. 320 Any process so served is as valid as if served personally on the 321 nonresident person or partnership engaging in business in this 322 state in any action against the person or partnership arising 323 out of such business. A copy of such process with a notice of 324 service on the person in charge of such business mustshallbe 325 sent forthwith to the nonresident person or partnership by 326 registered mail; byorcertified mail, return receipt requested; 327 or by use of a commercial firm regularly engaged in the business 328 of document or package delivery. The party seeking to effectuate 329 service, or the attorney for such party, shall prepare.an 330 affidavit of compliance with this section which mustshallbe 331 filed before the return day or within such further time as the 332 court may allow. 333 Section 5. Section 48.081, Florida Statutes, is amended to 334 read: 335 48.081 Service on a domestic corporation or registered 336 foreign corporation.— 337 (1) As used in this section, the term “registered foreign 338 corporation” means a foreign corporation that has an active 339 certificate of authority to transact business in this state 340 pursuant to a record filed with the Department of State. 341 (2) A domestic corporation or a registered foreign 342 corporation may be served with process required or authorized by 343 law by service on its registered agent designated by the 344 corporation under chapter 607 or chapter 617, as applicable. 345 (3) If service cannot be made on a registered agent of the 346 domestic corporation or registered foreign corporation because 347 the domestic corporation or registered foreign corporation 348 ceases to have a registered agent, or if the registered agent of 349 the domestic corporation or registered foreign corporation 350 cannot otherwise be served after one good faith attempt because 351 of a failure to comply with this chapter, chapter 607, or 352 chapter 617, as applicable, the process may be served on either 353 of the followingProcess against any private corporation,354domestic or foreign, may be served: 355 (a) The chair of the board of directors,Onthe president, 356 anyorvice president, the secretary, or the treasureror other357headof the domestic corporation or registered foreign 358 corporation.;359 (b) Any person listed publicly by the domestic corporation 360 or registered foreign corporation on its latest annual report, 361 as most recently amendedIn the absence of any person described362in paragraph (a), on the cashier, treasurer, secretary, or363general manager;364(c) In the absence of any person described in paragraph (a)365or paragraph (b), on any director; or366(d) In the absence of any person described in paragraph367(a), paragraph (b), or paragraph (c), on any officer or business368agent residing in the state. 369 (4) If, after due diligence, the process cannot be 370 completed under subsection (2) and if either: 371 (a) The only person listed publicly by the domestic 372 corporation or registered foreign corporation on its latest 373 annual report, as most recently amended, is also the registered 374 agent on whom service was attempted under subsection (2); or 375 (b) After due diligence, service was attempted on at least 376 one person listed publicly by the domestic corporation or 377 registered foreign corporation on its latest annual report, as 378 most recently amended, and cannot be completed on such person 379 under subsection (3), 380 381 the process may be served as provided in s. 48.161 on the 382 Secretary of State as an agent of the domestic corporation or 383 registered foreign corporation or by order of the court under s. 384 48.102 385(2) If a foreign corporation has none of the foregoing386officers or agents in this state, service may be made on any387agent transacting business for it in this state. 388(3)(a) As an alternative to all of the foregoing, process389may be served on the agent designated by the corporation under390s. 48.091. However, if service cannot be made on a registered391agent because of failure to comply with s. 48.091, service of392process shall be permitted on any employee at the corporation’s393principal place of business or on any employee of the registered394agent. A person attempting to serve process pursuant to this395paragraph may serve the process on any employee of the396registered agent during the first attempt at service even if the397registered agent is temporarily absent from his or her office.398 (5)(b)If the address for the registered agent or any 399 person listed publicly by the domestic corporation or registered 400 foreign corporation on its latest annual report, as most 401 recently amended,officer, director, or principal place of402businessis a residence, a private mailbox, a virtual office, or 403 an executive office or mini suite, service on the domestic 404 corporation or registered foreign corporation may be made by 405 serving any of the following: 406 (a) The registered agent of the domestic corporation or 407 registered foreign corporation,officer, or directorin 408 accordance with s. 48.031. 409 (b) Any person listed publicly by the domestic corporation 410 or registered foreign corporation on its latest annual report, 411 as most recently amended, in accordance with s. 48.031. 412 (c) Any person serving in one of the positions specified in 413 paragraph (3)(a), in accordance with s. 48.031. 414 (6) A foreign corporation engaging in business in this 415 state which is not registered is considered, for purposes of 416 service of process, a nonresident engaging in business in this 417 state and may be served pursuant to s. 48.181 or by order of the 418 court under s. 48.102. 419 (7)(4)This section does not apply to service of process on 420 insurance companies. 421(5) When a corporation engages in substantial and not422isolated activities within this state, or has a business office423within the state and is actually engaged in the transaction of424business therefrom, service upon any officer or business agent425while on corporate business within this state may personally be426made, pursuant to this section, and it is not necessary in such427case that the action, suit, or proceeding against the428corporation shall have arisen out of any transaction or429operation connected with or incidental to the business being430transacted within the state.431 Section 6. Section 48.091, Florida Statutes, is amended to 432 read: 433 48.091 Partnerships, corporations, and limited liability 434 companies; designation of registered agent and registered 435 office.— 436 (1) As used in this section, the term: 437 (a) “Registered foreign corporation” and “registered 438 foreign limited liability company” have the same meanings as in 439 ss. 48.081 and 48.062, respectively. 440 (b) “Registered foreign limited liability partnership” or 441 “registered foreign limited partnership” means a foreign limited 442 liability partnership or foreign limited partnership that has an 443 active certificate of authority to transact business in this 444 state pursuant to a record filed with the Department of State. 445 (2) Every domestic limited liability partnership; domestic 446 limited partnership, including limited liability limited 447 partnerships; domestic corporation; domestic limited liability 448 company; registered foreign limited liability partnership; 449 registered foreign limited partnership, including limited 450 liability limited partnerships; registered foreign corporation; 451 and registered foreign limited liability companyFlorida452corporation and every foreign corporation now qualified or453hereafter qualifying to transact business in this stateshall 454 designate a registered agent and registered office in accordance 455 with chapter 605,part I ofchapter 607, chapter 617, or chapter 456 620, as applicable. 457 (3)(2)Every domestic limited liability partnership; 458 domestic limited partnership, including limited liability 459 limited partnerships; domestic corporation; domestic limited 460 liability company; registered foreign limited liability 461 partnership; registered foreign limited partnership, including 462 limited liability limited partnerships; registered foreign 463 corporation; registered foreign limited liability company; and 464 domestic or foreign general partnership that elects to designate 465 a registered agent, shall cause the designated registered agent 466 tocorporation shallkeep the designated registered office open 467 from at least 10 a.m. to 12 noon each day except Saturdays, 468 Sundays, and legal holidays, and shall cause the designated 469 registered agent to keep one or more individuals who are, or are 470 representatives of, the designatedregistered agents on whom471process may be served at the office during these hours. The472corporation shall keep a sign posted in the office in some473conspicuous place designating the name of the corporation and474the name of itsregistered agent on whom process may be served 475 at the office during these hours. 476 (4) A person attempting to serve process pursuant to this 477 section on a registered agent that is other than a natural 478 person may serve the process on any employee of the registered 479 agent. A person attempting to serve process pursuant to this 480 section on a natural person, if the natural person is 481 temporarily absent from his or her office, may serve the process 482 during the first attempt at service on any employee of such 483 natural person. 484 (5) The registered agent shall promptly forward copies of 485 the process and any other papers received in connection with the 486 service to a responsible person in charge of the business 487 entity. Failure to comply with this subsection does not 488 invalidate the service of process. 489 Section 7. Section 48.101, Florida Statutes, is amended to 490 read: 491 48.101 Service on dissolved corporations, dissolved limited 492 liability companies, dissolved limited partnerships, and 493 dissolved limited liability partnerships.— 494 (1) Process against the directors of any corporation that 495whichwas dissolved before July 1, 1990, as trustees of the 496 dissolved corporation mustshallbe served on one or more of the 497 directors of the dissolved corporation as trustees thereof and 498 binds all of the directors of the dissolved corporation as 499 trustees thereof.Process against any other dissolved500corporation shall be served in accordance with s. 48.081.501 (2)(a) Process against any other dissolved domestic 502 corporation must be served in accordance with s. 48.081. 503 (b) In addition, provided that service was first properly 504 attempted on the registered agent pursuant to s. 48.081(2), but 505 was not successful, service may then be attempted as required 506 under s. 48.081(3). In addition to the persons listed in s. 507 48.081(3), service may then be attempted on the person appointed 508 by the circuit court as the trustee, custodian, or receiver 509 under s. 607.1405(6). 510 (c) A party attempting to serve a dissolved domestic for 511 profit corporation under this section may petition the court to 512 appoint one of the persons specified in s. 607.1405(6) to 513 receive service of process on behalf of the corporation. 514 (3)(a) Process against any dissolved domestic limited 515 liability company must be served in accordance with s. 48.062. 516 (b) In addition, provided that service was first properly 517 attempted on the registered agent pursuant to s. 48.062(2), but 518 was not successful, service may then be attempted as required 519 under s. 48.062(3). In addition to the persons listed in s. 520 48.062(3), service on a dissolved domestic limited liability 521 company may be made on the person appointed as the liquidator, 522 trustee, or receiver under s. 605.0709. 523 (c) A party attempting to serve a dissolved domestic 524 limited liability company under this section may petition the 525 court to appoint one of the persons specified in s. 605.0709(5) 526 to receive service of process on behalf of the limited liability 527 company. 528 (4) Process against any dissolved domestic limited 529 partnership must be served in accordance with s. 48.061. 530 Section 8. Section 48.102, Florida Statutes, is created to 531 read: 532 48.102 Service by other means.—If, after due diligence, a 533 party seeking to effectuate service is unable to effectuate 534 personal service of process on a domestic or foreign 535 corporation; a domestic or foreign general partnership, 536 including a limited liability partnership; a domestic or foreign 537 limited partnership, including a limited liability limited 538 partnership; or a domestic or foreign limited liability company, 539 the court, upon motion and a showing of such inability, may 540 authorize service in any other manner that the party seeking to 541 effectuate service shows will be reasonably effective to give 542 the entity on which service is sought to be effectuated actual 543 notice of the suit. Such other manners of service may include 544 service electronically by social media, e-mail, or other 545 technology. 546 Section 9. Subsection (2) of section 48.151, Florida 547 Statutes, is amended to read: 548 48.151 Service on statutory agents for certain persons.— 549 (2) This section does not apply to substituted service of 550 process under s. 48.161 or s. 48.181on nonresidents. 551 Section 10. Section 48.161, Florida Statutes, is amended to 552 read: 553 48.161 Method of substituted service on nonresident.— 554 (1) When authorized by law, substituted service of process 555 on a nonresident individual or a corporation or other business 556 entity incorporated or formed under the laws of any other state, 557 territory, or commonwealth, or the laws of any foreign country, 558 mayor a person who conceals his or her whereabouts by serving a559public officer designated by law shallbe made by sending 560leavinga copy of the process to the office of the Secretary of 561 State by personal delivery; by registered mail;with a fee of562$8.75 with the public officer or in his or her office or by563mailing the copiesby certified mail, return receipt requested; 564 by use of a commercial firm regularly engaged in the business of 565 document or package delivery; or by electronic transmissionto566the public officer with the fee. The service is sufficient 567 service on a party thatdefendant whohas appointed or is deemed 568 to have appointed the Secretary of Statea public officeras 569 such party’shis or heragent fortheservice of process. The 570 Secretary of State shall keep a record of all process served on 571 the Secretary of State showing the day and hour of service. 572 (2) Notice of service and a copy of the process mustshall573 be sent forthwith by the party effectuating service or by such 574 party’s attorney by registered mail; byregistered orcertified 575 mail, return receipt requested; or by use of a commercial firm 576 regularly engaged in the business of document or package 577 delivery. In addition, if the parties have recently and 578 regularly used e-mail, social media, or other electronic means 579 to communicate between themselves, the notice of service and a 580 copy of the process must be sent by such electronic means or, if 581 the party is being served by substituted service, the notice of 582 service and a copy of the process must be served at such party’s 583 last known physical address and, if applicable, last known 584 electronic address. The party effectuating service shall file 585 proof of service or return receipts showing delivery to the 586 other party by mail or courier and by electronic means, if 587 electronic means were used, unless the party is actively 588 refusing or rejecting the delivery of the notice. Anby the589plaintiff or his or her attorney to the defendant, and the590defendant’s return receipt and theaffidavit of compliance of 591 the party effectuating serviceplaintiffor such party’shis or592herattorney mustof complianceshallbe filed within 40 days 593 afteron or beforethe datereturn dayof service on the 594 Secretary of Stateprocessor within such additional time as the 595 court allows. The affidavit of compliance must set forth the 596 facts that justify substituted service under this section and 597 that show due diligence was exercised in attempting to locate 598 and effectuate personal service on the party before using 599 substituted service under this section. The party effectuating 600 service does not need to allege in its original or amended 601 complaint the facts required to be set forth in the affidavit of 602 compliance. 603 (3) When an individual or a business entity conceals its 604 whereabouts, the party seeking to effectuate service, after 605 exercising due diligence to locate and effectuate personal 606 service, may use substituted service pursuant to subsection (1) 607 in connection with any action in which the court has 608 jurisdiction over such individual or business entity. The party 609 seeking to effectuate service must also comply with subsection 610 (2); however, a return receipt or other proof showing acceptance 611 of receipt of the notice of service and a, or the notice and612 copy of theshall be served on the defendant, if found within613the state, by an officer authorized to serve legalprocess by 614 the concealed party need not be filed, or if found without the615state, by a sheriff or a deputy sheriff of any county of this616state or any duly constituted public officer qualified to serve617like process in the state or jurisdiction where the defendant is618found. The officer’s return showing service shall be filed on or619before the return day of the process or within such time as the620court allows. The fee paid by the plaintiff to the public621officer shall be taxed as cost if he or she prevails in the622action. The public officer shall keep a record of all process623served on him or her showing the day and hour of service. 624 (4)(a) The party effectuating service is considered to have 625 used due diligence if that party: 626 1. Made diligent inquiry and exerted an honest and 627 conscientious effort appropriate to the circumstances to acquire 628 the information necessary to effectuate personal service; 629 2. In seeking to effectuate personal service, reasonably 630 employed the knowledge at the party’s command, including 631 knowledge obtained pursuant to subparagraph 1.; and 632 3. Made an appropriate number of attempts to serve the 633 party, taking into account the particular circumstances. 634 (b) Notwithstanding paragraph (a), in making the 635 determination as to whether the party effectuating service used 636 due diligence, there is a rebuttable presumption that the 637 serving party exercised due diligence by making three good faith 638 attempts to serve the other party at each location where and 639 during the hours when such party is likely to be found, using 640 reasonably available resources to the party seeking to secure 641 service of process. 642 (5)(2)If any individualpersonon whom service of process 643 is authorized under subsection (1) dies, service may be made in 644 the same manner on his or her administrator, executor, curator, 645 or personal representativein the same manner. 646 (9)(3)This section does not apply to persons on whom 647 service is authorized under s. 48.151. 648 (6)(4)The Secretary of Statepublic officermay designate 649 an individualsome other personin his or her office to accept 650 service. 651 (7) Service of process is effectuated under this section on 652 the date the service is received by the Department of State. 653 (8) The Department of State shall maintain a record of each 654 process served pursuant to this section and record the time of 655 and the action taken regarding the service. 656 Section 11. Section 48.181, Florida Statutes, is amended to 657 read: 658 48.181 Substituted service on nonresidents and foreign 659 business entitiesnonresidentengaging in business in state or 660 concealing their whereabouts.— 661 (1) As used in this section, the term “foreign business 662 entity” means any corporation or other business entity that is 663 incorporated, formed, or existing under the laws of any other 664 state, territory, or commonwealth, or the laws of any foreign 665 country. 666 (2) The acceptance by any individualperson orpersons,667individually or associated together as a copartnership or any668other form or type of association,who is a residentare669residentsof any other state, territory, or commonwealth, or of 670 any foreignorcountry, or by any foreign business entityand671all foreign corporations, and any person who is a resident of672the state and who subsequently becomes a nonresident of the673state or conceals his or her whereabouts,of the privilege 674 extended by law to nonresidentsand othersto operate, conduct, 675 engage in, or carry on a business or business venture in this 676thestate, or to have an office or agency in thisthestate, is 677 deemed to constituteconstitutesan appointment by the 678 individual orpersons andforeign business entitycorporations679 of the Secretary of State of thisthestate as itstheiragent 680 on whomallprocess in any action or proceeding against the 681 individual or business entitythem, or any combination thereof 682of them, arising out of any transaction or operation connected 683 with or incidental to the business or business venture may be 684 served as substituted service in accordance with this chapter. 685 The acceptance of the privilege is signification of the 686 agreement of the respective individual orpersons andforeign 687 business entitycorporationsthat the process served against it 688themin accordance with this chapterwhich is so servedis of 689 the same validity as if served personally on the individual 690personsor foreign business entitycorporations. 691 (3)(2)If a foreign business entitycorporationhas 692 registered to do businessa resident agent or officerin this 693thestate and has maintained its registration in an active 694 status or otherwise continued to have a registered agent, 695 personal service of process must firstshallbe attemptedserved696 on the foreign business entity in the manner and order of 697 priority described in this chapter as applicable to the foreign 698 business entity. If, after due diligence, the party seeking to 699 effectuate service of process is unable to effectuate service of 700 process on the registered agent or other official as provided in 701 this chapter, the party may use substituted service of process 702 on the Secretary of Stateresident agent or officer. 703 (4) Any individual or foreign business entity that conceals 704 its whereabouts is deemed to have appointed the Secretary of 705 State as its agent on whom all process may be served, in any 706 action or proceeding against it, or any combination thereof, 707 arising out of any transaction or operation connected with or 708 incidental to any business or business venture carried on in 709 this state by such individual or foreign business entity. 710 (5)(3)Any individual or foreign business entity that 711person, firm, or corporationwhichsells, consigns, or leases by 712 any means whatsoever tangible or intangible personal property, 713 through brokers, jobbers, wholesalers, or distributors to any 714 individualperson,firm, orcorporation, or other business 715 entity in this state is conclusively presumed to be both engaged 716 in substantial and not isolated activities within this state and 717 operating, conducting, engaging in, or carrying on a business or 718 business venture in this state. 719 (6) Service pursuant to this section must be effectuated in 720 the manner prescribed by s. 48.161. 721 Section 12. Subsections (1) and (2) of section 48.194, 722 Florida Statutes, are amended to read: 723 48.194 Personal service in anotheroutsidestate, 724 territory, or commonwealth of the United States.— 725 (1) Except as otherwise provided herein, service of process 726 on a party in anotherpersons outside of thisstate, territory, 727 or commonwealth of the United States mustshallbe made in the 728 same manner as service within this state by any officerperson729 authorized to serve process in the state where service shall be 730 madethe person is served. No order of court is required. An 731 affidavit of the officer must be filed, stating the time, 732 manner, and place of service. TheAcourt may consider the 733 affidavitreturn-of-service form described in s. 48.21, or any 734 other competent evidence, in determining whether service has 735 been properly made.Service of process on persons outside the736United States may be required to conform to the provisions of737the Hague Convention on the Service Abroad of Judicial and738Extrajudicial Documents in Civil or Commercial Matters.739 (2) Whenwherein rem or quasi in rem relief is sought in a 740 foreclosure proceeding as defined by s. 702.09, and the address 741 of the person to be served is known, service of process on a 742 person in another state, territory, or commonwealthoutsideof 743 the United Statesthisstate where the address of the person to744be served is knownmay be made by registered mail as follows: 745 (a) The party’s attorney or the party, if the party is not 746 represented by an attorney, shall place a copy of the original 747 process and the complaint, petition, or other initial pleading 748 or paper and, if applicable, the order to show cause issued 749 pursuant to s. 702.10 in a sealed envelope with adequate postage 750 addressed to the person to be served. 751 (b) The envelope mustshallbe placed in the mail as 752 registered mail. 753 (c) Service under this subsection is deemedshall be754consideredobtained upon the signing of the return receipt by 755 the person allowed to be served by law. 756 Section 13. Section 48.197, Florida Statutes, is created to 757 read: 758 48.197 Service in a foreign country.— 759 (1) Service of process may be effectuated in a foreign 760 country upon a party, other than a minor or an incompetent 761 person, as provided in any of the following: 762 (a) By any internationally agreed-upon means of service 763 reasonably calculated to give actual notice of the proceedings, 764 such as those authorized by the Hague Convention on the Service 765 Abroad of Judicial and Extrajudicial Documents in Civil or 766 Commercial Matters. 767 (b) If there is no internationally agreed-upon means of 768 service, or if an international agreement allows but does not 769 specify other means, by a method reasonably calculated to give 770 actual notice of the proceedings: 771 1. As prescribed by the foreign country’s law for service 772 in that country in an action in its courts of general 773 jurisdiction; 774 2. As the foreign authority directs in response to a letter 775 rogatory or letter of request; or 776 3. Unless prohibited by the foreign country’s law, by: 777 a. If serving an individual, delivering a copy of the 778 summons and of the complaint to the individual personally; or 779 b. Using any form of mail which the clerk addresses and 780 sends to the party and which requires a signed receipt. 781 (c) Pursuant to motion and order by the court, by other 782 means, including electronically by social media, e-mail, or 783 other technology, which the party seeking service shows is 784 reasonably calculated to give actual notice of the proceedings 785 and is not prohibited by international agreement, as the court 786 orders. 787 (2) Service of process may be effectuated in a foreign 788 country upon a minor or an incompetent person in the manner 789 prescribed by subparagraph (1)(b)1., subparagraph (1)(b)2., or 790 paragraph (1)(c). 791 Section 14. Section 49.072, Florida Statutes, is created to 792 read: 793 49.072 Service of process for removal of unknown parties in 794 possession.— 795 (1) This section applies only to actions governed by s. 796 51.011 and only to the extent that such actions seek relief for 797 the removal of unknown parties in possession of real property. 798 The provisions of this section are cumulative to other 799 provisions of law or rules of court about service of process, 800 and all other such provisions are cumulative to this section. 801 (2) A summons must be issued in the name of “Unknown Party 802 in Possession” when the name of an occupant of real property is 803 not known to the plaintiff and the property occupied by the 804 unknown party is identified in the complaint and summons. A 805 separate summons must be issued for each such unknown occupant. 806 (3) The plaintiff shall attempt to serve the summons on any 807 unknown occupant of the property described in the summons and 808 complaint. If service on the unknown occupant is not effectuated 809 on the first attempt, at least two further attempts must be 810 made. The three attempts to obtain service must be made once 811 during business hours, once during nonbusiness hours, and once 812 on a weekend. The process server shall make an inquiry as to the 813 name of the unknown occupant at the time of service. The return 814 of service must note the name of the occupant if obtained by the 815 process server or state that the name of the occupant could not 816 be obtained after inquiry. If the name of the occupant becomes 817 known to the plaintiff through the return of service or 818 otherwise, without notice or hearing thereon, all subsequent 819 proceedings must be conducted under the true name of such 820 occupant and all prior proceedings are deemed amended 821 accordingly. 822 (4) If service is not effectuated on an unknown party in 823 possession after two attempts to obtain service as provided in 824 subsection (3), and even if an unknown party in possession is 825 served as provided in subsection (3), service of process must 826 also be made on unknown parties by both of the following means: 827 (a) By attaching the summons and complaint to a conspicuous 828 location on the premises involved in the proceedings. 829 (b) Upon issuance of the summons, by the plaintiff 830 providing the clerk of the court with one additional copy of the 831 summons and complaint for each unknown occupant and a prestamped 832 envelope for each unknown occupant addressed to the unknown 833 occupant at the address of the premises involved in the 834 proceedings. The clerk of the court shall immediately mail a 835 copy of the summons and complaint by first-class mail, note the 836 fact of mailing in the docket, and file a certificate in the 837 court file of the fact and date of mailing. The clerk of the 838 court shall charge such fees for such services as provided by 839 law. 840 (5) Service is effective on the unknown party in 841 possession, regardless of whether personal service is made, on 842 the later of the date of attaching the summons and complaint to 843 a conspicuous location on the premises or upon mailing; however, 844 at least 5 days must have elapsed after the date of service 845 before a judgment for final removal of the unknown party in 846 possession may be entered. 847 (6) The judgment and writ of possession must refer to any 848 unknown party in possession by name if the name is shown on the 849 return of service or is otherwise known to the plaintiff. If the 850 name of any unknown party in possession is not shown on the 851 return of service or otherwise known to the plaintiff and 852 service has been effectuated as provided in this section, the 853 judgment and writ of possession must refer to each such person 854 as “Unknown Party in Possession,” and the writ of possession 855 must be executed by the sheriff by dispossessing the occupants 856 and placing the plaintiff in possession of the property. 857 Section 15. Effective upon this act becoming a law, 858 subsection (2), paragraph (a) of subsection (3), and subsection 859 (4) of section 766.106, Florida Statutes, are amended to read: 860 766.106 Notice before filing action for medical negligence; 861 presuit screening period; offers for admission of liability and 862 for arbitration; informal discovery; review.— 863 (2) PRESUIT NOTICE.— 864 (a) After completion of presuit investigation pursuant to 865 s. 766.203(2) and beforeprior tofiling a complaint for medical 866 negligence, a claimant shall notify each prospective defendant 867 of intent to initiate litigation for medical negligence by at 868 least one of the following verifiable means: 869 1. United States Postal Service certified mail, return 870 receipt requested; 871 2. United States Postal Service mail with a tracking 872 number; 873 3. An interstate commercial mail carrier or delivery 874 service; or 875 4. A certified process server as provided in s. 48.27 876 making service in accordance with chapter 48. 877 (b) Proof of service made pursuant to this subsection and 878 delivered to an address on file with the Department of Health, 879 the Secretary of State, or the Agency for Health Care 880 Administration creates a rebuttable presumption that service was 881 received by the prospective defendant. If service is challenged 882 during subsequent litigation, an evidentiary hearing must be 883 held by the court to determine whether the prospective defendant 884 or a person legally related to the prospective defendant was 885 provided notice pursuant to this subsection and, if so, the date 886 of such serviceby certified mail, return receipt requested, of887intent to initiate litigation for medical negligence. 888 (c) Notice to each prospective defendant must include, if 889 available, a list of all known health care providers seen by the 890 claimant for the injuries complained of subsequent to the 891 alleged act of negligence, all known health care providers 892 during the 2-year period beforeprior tothe alleged act of 893 negligence who treated or evaluated the claimant, copies of all 894 of the medical records relied upon by the expert in signing the 895 affidavit, and the executed authorization form provided in s. 896 766.1065. 897 (d)(b)Following the initiation of a suit alleging medical 898 negligence with a court of competent jurisdiction, and service 899 of the complaint upon a prospective defendant, the claimant 900 shall provide a copy of the complaint to the Department of 901 Health and, if the complaint involves a facility licensed under 902 chapter 395, the Agency for Health Care Administration. The 903 requirement of providing the complaint to the Department of 904 Health or the Agency for Health Care Administration does not 905 impair the claimant’s legal rights or ability to seek relief for 906 his or her claim. The Department of Health or the Agency for 907 Health Care Administration shall review each incident that is 908 the subject of the complaint and determine whether it involved 909 conduct by a licensee which is potentially subject to 910 disciplinary action, in which case, for a licensed health care 911 practitioner,the provisions ofs. 456.073 appliesapplyand, 912 for a licensed facility,the provisions ofpart I of chapter 395 913 appliesapply. 914 (3) PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT.— 915 (a) Anosuit may not be filed for a period of 90 days 916 after notice is deliveredmailedto any prospective defendant. 917 During the 90-day period, the prospective defendant or the 918 prospective defendant’s insurer or self-insurer shall conduct a 919 review as provided in s. 766.203(3) to determine the liability 920 of the prospective defendant. Each insurer or self-insurer shall 921 have a procedure for the prompt investigation, review, and 922 evaluation of claims during the 90-day period. This procedure 923 mustshallinclude one or more of the following: 924 1. Internal review by a duly qualified claims adjuster; 925 2. Creation of a panel comprised of an attorney 926 knowledgeable in the prosecution or defense of medical 927 negligence actions, a health care provider trained in the same 928 or similar medical specialty as the prospective defendant, and a 929 duly qualified claims adjuster; 930 3. A contractual agreement with a state or local 931 professional society of health care providers, which maintains a 932 medical review committee; or 933 4. Any other similar procedure which fairly and promptly 934 evaluates the pending claim. 935 936 Each insurer or self-insurer shall investigate the claim in good 937 faith, and both the claimant and prospective defendant shall 938 cooperate with the insurer in good faith. If the insurer 939 requires, a claimant mustshallappear before a pretrial 940 screening panel or before a medical review committee and shall 941 submit to a physical examination, if required. Unreasonable 942 failure of any party to comply with this section justifies 943 dismissal of claims or defenses. There shall be no civil 944 liability for participation in a pretrial screening procedure if 945 done without intentional fraud. 946 (4) SERVICE OF PRESUIT NOTICE AND TOLLING.—The notice of 947 intent to initiate litigation mustshallbe served within the 948 time limits set forth in s. 95.11. However, upon mailing of the 949 notice of intent to initiate litigation, as provided in 950 subparagraph (2)(a)1., subparagraph (2)(a)2., or subparagraph 951 (2)(a)3., and during the 90-day period provided in subsection 952 (3), the statute of limitations is tolled as to all prospective 953potentialdefendants. If the notice of intent to initiate 954 litigation is served by a certified process server as provided 955 in subparagraph (2)(a)4., the statute of limitations is tolled 956 upon the certified process server’s first attempt to serve the 957 prospective defendant and continues during the 90-day period as 958 to all prospective defendants. Upon stipulation by the parties, 959 the 90-day period may be extended and the statute of limitations 960 is tolled during any such extension. Upon receiving notice of 961 termination of negotiations in an extended period, the claimant 962 shall have 60 days or the remainder of the period of the statute 963 of limitations, whichever is greater, within which to file suit. 964 Section 16. Section 495.145, Florida Statutes, is amended 965 to read: 966 495.145 Forum for actions regarding registration.—An action 967 seeking cancellation of a registration of a mark registered 968 under this chapter may be brought in any court of competent 969 jurisdiction in this state. Service of process on a nonresident 970 registrant may be made in accordance with ss. 48.161 and 48.181 971s. 48.181. The department mayshallnot be made a party to 972 cancellation proceedings. 973 Section 17. Section 605.0117, Florida Statutes, is amended 974 to read: 975 605.0117 ServingService ofprocess, giving notice, or 976 making a demand.— 977 (1) Process against a limited liability company or 978 registered foreign limited liability company may be served in 979 accordance with s. 48.062 and chapter 48 or chapter 49with980process required or authorized by law by serving on its981registered agent. 982 (2)If a limited liability company or registered foreign983limited liability company ceases to have a registered agent or984if its registered agent cannot with reasonable diligence be985served, the process required or permitted by law may instead be986served:987(a) On a member of a member-managed limited liability988company or registered foreign limited liability company; or989(b) On a manager of a manager-managed limited liability990company or registered foreign limited liability company.991(3) If the process cannot be served on a limited liability992company or registered foreign limited liability company pursuant993to subsection (1) or subsection (2), the process may be served994on the secretary of state as an agent of the company.995(4) Service of process on the secretary of state may be996made by delivering to and leaving with the department duplicate997copies of the process.998(5) Service is effectuated under subsection (3) on the date999shown as received by the department.1000(6) The department shall keep a record of each process1001served pursuant to this section and record the time of and the1002action taken regarding the service.1003(7)Any notice or demand on a limited liability company or 1004 registered foreign limited liability company under this chapter 1005 may be given or made to any member of a member-managed limited 1006 liability company or registered foreign limited liability 1007 company or to any manager of a manager-managed limited liability 1008 company or registered foreign limited liability company; to the 1009 registered agent of the limited liability company or registered 1010 foreign limited liability company at the registered office of 1011 the limited liability company or registered foreign limited 1012 liability company in this state; or to any other address in this 1013 state whichthatis in fact the principal office of the limited 1014 liability company or registered foreign limited liability 1015 company in this state. 1016 (3) A registered series of a foreign series limited 1017 liability company may be served in the same manner as a 1018 registered limited liability company. 1019 (4)(8)This section does not affect the right to serve 1020 process, give notice, or make a demand in any other manner 1021 provided by law. 1022 Section 18. Subsection (1) of section 605.09091, Florida 1023 Statutes, is amended to read: 1024 605.09091 Judicial review of denial of reinstatement.— 1025 (1) If the department denies a foreign limited liability 1026 company’s application for reinstatement after revocation of its 1027 certificate of authority, the department mustshallserve the 1028 foreign limited liability company, pursuant to s. 605.0117(2)s.1029605.0117(7), with a written notice that explains the reason or 1030 reasons for the denial. 1031 Section 19. Paragraphs (f) and (g) of subsection (1) and 1032 subsection (2) of section 605.0910, Florida Statutes, are 1033 amended to read: 1034 605.0910 Withdrawal and cancellation of certificate of 1035 authority.— 1036 (1) To cancel its certificate of authority to transact 1037 business in this state, a foreign limited liability company must 1038 deliver to the department for filing a notice of withdrawal of 1039 certificate of authority. The certificate of authority is 1040 canceled when the notice becomes effective pursuant to s. 1041 605.0207. The notice of withdrawal of certificate of authority 1042 must be signed by an authorized representative and state the 1043 following: 1044 (f) A mailing address and an e-mail address to which a 1045 party seeking to effectuate service of processthe department1046 may sendunder this1053sectionis service on the foreign limited liability company. 1054Upon receipt of the process, the department shall mail a copy of1055the process to the foreign limited liability company at the1056mailing address set forth under paragraph (1)(f).1057 Section 20. Paragraph (f) of subsection (2) of section 1058 605.1045, Florida Statutes, is amended to read: 1059 605.1045 Articles of conversion.— 1060 (2) The articles of conversion must contain the following: 1061 (f) If the converted entity is a foreign entity that does 1062 not have a certificate of authority to transact business in this 1063 state, a mailing address and an e-mail address to which a party 1064 seeking to effectuate service of processthe departmentmay send 1065 any process served on the Secretary of Statedepartmentpursuant 1066 to s. 605.0117 and chapter 48. 1067 Section 21. Section 607.0504, Florida Statutes, is amended 1068 to read: 1069 607.0504 ServingService ofprocess, giving notice, or 1070 making a demand on a corporation.— 1071 (1) A corporation may be served with process required or 1072 authorized by law in accordance with s. 48.081 and chapter 48 or 1073 chapter 49by serving on its registered agent. 1074 (2)If a corporation ceases to have a registered agent or1075if its registered agent cannot with reasonable diligence be1076served, the process required or permitted by law may instead be1077served on the chair of the board, the president, any vice1078president, the secretary, or the treasurer of the corporation at1079the principal office of the corporation in this state.1080(3) If the process cannot be served on a corporation1081pursuant to subsection (1) or subsection (2), the process may be1082served on the secretary of state as an agent of the corporation.1083(4) Service of process on the secretary of state shall be1084made by delivering to and leaving with the department duplicate1085copies of the process.1086(5) Service is effectuated under subsection (3) on the date1087shown as received by the department.1088(6) The department shall keep a record of each process1089served on the secretary of state pursuant to this subsection and1090record the time of and the action taken regarding the service.1091(7)Any notice or demand on a corporation under this 1092 chapter may be given or made to the chair of the board, the 1093 president, any vice president, the secretary, or the treasurer 1094 of the corporation; to the registered agent of the corporation 1095 at the registered office of the corporation in this state; or to 1096 any other address in this state whichthatis in fact the 1097 principal office of the corporation in this state. 1098 (3)(8)This section does not affect the right to serve 1099 process, give notice, or make a demand in any other manner 1100 provided by law. 1101 Section 22. Subsection (1) of section 607.1423, Florida 1102 Statutes, is amended to read: 1103 607.1423 Judicial review of denial of reinstatement.— 1104 (1) If the department denies a corporation’s application 1105 for reinstatement after administrative dissolution, the 1106 department mustshallserve the corporation undereithers. 1107 607.0504(1)or (2)with a written notice that explains the 1108 reason or reasons for denial. 1109 Section 23. Section 607.15101, Florida Statutes, is amended 1110 to read: 1111 607.15101 ServingService ofprocess, giving notice, or 1112 making a demand on a foreign corporation.— 1113 (1) A foreign corporation may be served with process 1114 required or authorized by law in accordance with s. 48.081 and 1115 chapter 48 or chapter 49by serving on its registered agent. 1116 (2)If a foreign corporation ceases to have a registered1117agent or if its registered agent cannot with reasonable1118diligence be served, the process required or permitted by law1119may instead be served on the chair of the board, the president,1120any vice president, the secretary, or the treasurer of the1121foreign corporation at the principal office of the foreign1122corporation in this state.1123(3) If the process cannot be served on a foreign1124corporation pursuant to subsection (1) or subsection (2), the1125process may be served on the secretary of state as an agent of1126the foreign corporation.1127(4) Service of process on the secretary of state may be1128made by delivering to and leaving with the department duplicate1129copies of the process.1130(5) Service is effectuated under subsection (3) on the date1131shown as received by the department.1132(6) The department shall keep a record of each process1133served on the secretary of state pursuant to this section and1134record the time of and the action taken regarding theservice.1135(7)Any notice or demand on a foreign corporation under 1136 this chapter may be given or made:to the chair of the board, 1137 the president, any vice president, the secretary, or the 1138 treasurer of the foreign corporation; to the registered agent of 1139 the foreign corporation at the registered office of the foreign 1140 corporation in this state; or to any other address in this state 1141 whichthatis in fact the principal office of the foreign 1142 corporation in this state. 1143 (3)(8)This section does not affect the right to serve 1144 process, give notice, or make a demand in any other manner 1145 provided by law. 1146 Section 24. Paragraph (f) of subsection (1) and subsection 1147 (2) of section 607.1520, Florida Statutes, are amended to read: 1148 607.1520 Withdrawal and cancellation of certificate of 1149 authority for foreign corporation.— 1150 (1) To cancel its certificate of authority to transact 1151 business in this state, a foreign corporation must deliver to 1152 the department for filing a notice of withdrawal of certificate 1153 of authority. The certificate of authority is canceled when the 1154 notice of withdrawal becomes effective pursuant to s. 607.0123. 1155 The notice of withdrawal of certificate of authority must be 1156 signed by an officer or director and state the following: 1157 (f) A mailing address and an e-mail address to which a 1158 party seeking to effectuate service of processthe secretary of1159statemay sendunderthis sectionis service on the 1164 foreign corporation.Upon receipt of the process, the secretary1165of state shall mail a copy of the process to the foreign1166corporation at the mailing address set forth under paragraph1167(1)(f).1168 Section 25. Subsections (1) and (3) of section 617.0504, 1169 Florida Statutes, are amended to read: 1170 617.0504 ServingService ofprocess, giving notice, or 1171 making a demand on a corporation.— 1172 (1) Process against any corporation may be served in 1173 accordance with s. 48.081 and chapter 48 or chapter 49. 1174 (3) This section does not prescribe the only means, or 1175 necessarily the required means, of serving process, giving 1176 notice, or making a demand on a corporation. 1177 Section 26. Section 617.1510, Florida Statutes, is amended 1178 to read: 1179 617.1510 ServingService ofprocess, giving notice, or 1180 making a demand on a foreign corporation.— 1181 (1) Process against a foreign corporation may be served in 1182 accordance with s. 48.081 and chapter 48 or chapter 49The1183registered agent of a foreign corporation authorized to conduct1184its affairs in this state is the corporation’s agent for service1185of process, notice, or demand required or permitted by law to be1186served on the foreign corporation. 1187 (2)A foreign corporation may be served by registered or1188certified mail, return receipt requested, addressed to the1189secretary of the foreign corporation at its principal office1190shown in its application for a certificate of authority or in1191its most recent annual report if the foreign corporation:1192(a) Has no registered agent or its registered agent cannot1193with reasonable diligence be served;1194(b) Has withdrawn from conducting its affairs in this state1195under s. 617.1520; or1196(c) Has had its certificate of authority revoked under s.1197617.1531.1198(3) Service is perfected under subsection (2) at the1199earliest of:1200(a) The date the foreign corporation receives the mail;1201(b) The date shown on the return receipt, if signed on1202behalf of the foreign corporation; or1203(c) Five days after its deposit in the United States mail,1204as evidenced by the postmark, if mailed postpaid and correctly1205addressed.1206(4) This section does not prescribe the only means, or1207necessarily the required means, of serving a foreign1208corporation. Process against any foreign corporation may also be1209served in accordance with chapter 48 or chapter 49.1210(5)Any notice to or demand on a foreign corporation made 1211 pursuant to this act may be made in accordance with the 1212 procedures for notice to or demand on domestic corporations 1213 under s. 617.0504. 1214 Section 27. Subsections (2) and (3) of section 617.1520, 1215 Florida Statutes, are amended to read: 1216 617.1520 Withdrawal of foreign corporation.— 1217 (2) A foreign corporation authorized to conduct its affairs 1218 in this state may apply for a certificate of withdrawal by 1219 delivering an application to the Department of State for filing. 1220 The application mustshallbe made on forms prescribed and 1221 furnished by the Department of State and mustshallset forth 1222 all of the following: 1223 (a) The name of the foreign corporation and the 1224 jurisdiction under the law underofwhich it is incorporated.;1225 (b) That it is not conducting its affairs in this state and 1226 that it surrenders its authority to conduct its affairs in this 1227 state.;1228 (c) That it revokes the authority of its registered agent 1229 to accept service on its behalf and appoints the Secretary of 1230 StateDepartment of Stateas its agent for service of process 1231 based on a cause of action arising during the time it was 1232 authorized to conduct its affairs in this state.;1233 (d) A mailing address and an e-mail address to which a 1234 party seeking to effectuate service of processthe Department of1235Statemay send; and1237 (e) A commitment to notify the Department of State in the 1238 future of any change in its mailing address or e-mail address. 1239 (3) After the withdrawal of the corporation is effective, 1240 service of process in accordance with s. 48.161on the1241Department of State under this sectionis service on the foreign 1242 corporation.Upon receipt of the process, the Department of1243State shall mail a copy of the process to the foreign1244corporation at the mailing address set forth under subsection1245(2).1246 Section 28. Section 620.1117, Florida Statutes, is amended 1247 to read: 1248 620.1117 ServingService ofprocess, giving notice, or 1249 making a demand on a limited partnership or a foreign limited 1250 partnership.— 1251 (1) Service of process on a limited partnership or foreign 1252 limited partnership must be made in accordance with s. 48.061 1253 and chapter 48 or chapter 49A registered agent appointed by a1254limited partnership or foreign limited partnership is an agent1255of the limited partnership or foreign limited partnership for1256service of any process, notice, or demand required or permitted1257by law to be served upon the limited partnership or foreign1258limited partnership. 1259 (2) Any notice or demand on a limited partnership or 1260 foreign limited partnership under this chapter may be given or 1261 made to any general partner of the limited partnership or 1262 foreign limited partnership, to the registered agent of the 1263 limited partnership or foreign limited partnership at the 1264 registered office in this state, or to any other address in this 1265 state which is in fact the principal office of the limited 1266 partnership or foreign limited partnership in this stateIf a1267limited partnership or foreign limited partnership does not1268appoint or maintain a registered agent in this state or the1269registered agent cannot with reasonable diligence be found at1270the address of the registered office, the Department of State1271shall be an agent of the limited partnership or foreign limited1272partnership upon whom process, notice, or demand may be served. 1273 (3)Service of any process, notice, or demand on the1274Department of State may be made by delivering to and leaving1275with the Department of State duplicate copies of the process,1276notice, or demand.1277(4) Service is effected under subsection (3) upon the date1278shown as having been received by the Department of State.1279(5) The Department of State shall keep a record of each1280process, notice, and demand served pursuant to this section and1281record the time of, and the action taken regarding, the service.1282(6)This section does not affect the right to serve 1283 process, give notice, or make a demand in any other manner 1284 provided by law. 1285 Section 29. Subsection (5) of section 620.1907, Florida 1286 Statutes, is amended to read: 1287 620.1907 Cancellation of certificate of authority; effect 1288 of failure to have certificate.— 1289 (5) If a foreign limited partnership transacts business in 1290 this state without a certificate of authority or cancels its 1291 certificate of authority, it may be served under s. 48.061(5)(b) 1292the foreign limited partnership shall appoint the Department of1293State as its agent for service of process for rights of action1294arising out of the transaction of business in this state. 1295 Section 30. Subsections (3) and (4) of section 620.2105, 1296 Florida Statutes, are amended to read: 1297 620.2105 Effect of conversion.— 1298 (3) A converted organization that is a foreign organization 1299 consents to the jurisdiction of the courts of this state to 1300 enforce any obligation owed by the converting limited 1301 partnership, if before the conversion the converting limited 1302 partnership was subject to suit in this state on the obligation. 1303 A converted organization that is a foreign organization and not 1304 authorized to transact business in this state appoints the 1305 Secretary of StateDepartment of Stateas its agent for service 1306 of process for purposes of enforcing an obligation under this 1307 subsection and any appraisal rights of limited partners under 1308 ss. 620.2113-620.2124 to the extent applicable to the 1309 conversion. Service on the Secretary of StateDepartment of1310Stateunder this subsection is made in the same manner and with 1311 the same consequences as in ss. 48.161 and 620.1117s.1312620.1117(3) and (4). 1313 (4) A copy of the statement of conversion, certified by the 1314 Secretary of StateDepartment of State, may be filed in any 1315 county of this state in which the converting organization holds 1316 an interest in real property. 1317 Section 31. Subsection (2) of section 620.2109, Florida 1318 Statutes, is amended to read: 1319 620.2109 Effect of merger.— 1320 (2) A surviving organization that is a foreign organization 1321 consents to the jurisdiction of the courts of this state to 1322 enforce any obligation owed by a constituent organization, if 1323 before the merger the constituent organization was subject to 1324 suit in this state on the obligation. A surviving organization 1325 that is a foreign organization and not authorized to transact 1326 business in this state shall appoint the Secretary of State 1327Department of Stateas its agent for service of process for the 1328 purposes of enforcing an obligation under this subsection and 1329 any appraisal rights of limited partners under ss. 620.2113 1330 620.2124 to the extent applicable to the merger. Service on the 1331 Secretary of StateDepartment of Stateunder this subsection is 1332 made in the same manner and with the same consequences as in ss. 1333 48.161 and 620.1117s. 620.1117(3) and (4). 1334 Section 32. Subsections (3) and (4) of section 620.8915, 1335 Florida Statutes, are amended to read: 1336 620.8915 Effect of conversion.— 1337 (3) A converted organization that is a foreign organization 1338 consents to the jurisdiction of the courts of this state to 1339 enforce any obligation owed by the converting partnership, if 1340 before the conversion the converting partnership was subject to 1341 suit in this state on the obligation. A converted organization 1342 that is a foreign organization and not authorized to transact 1343 business in this state shall appoint the Secretary of State 1344Department of Stateas its agent for service of process for 1345 purposes of enforcing an obligation under this subsection. 1346 Service on the Secretary of StateDepartment of Stateunder this 1347 subsection isshall bemade in the same manner and with the same 1348 consequences as provided in s. 48.161s. 48.181. 1349 (4) A copy of the certificate of conversion, certified by 1350 the Secretary of StateDepartment of State, may be filed in any 1351 county of this state in which the converting organization holds 1352 an interest in real property. 1353 Section 33. Subsection (2) of section 620.8919, Florida 1354 Statutes, is amended to read: 1355 620.8919 Effect of merger.— 1356 (2) A surviving organization that is a foreign organization 1357 consents to the jurisdiction of the courts of this state to 1358 enforce any obligation owed by a constituent organization, if 1359 before the merger the constituent organization was subject to 1360 suit in this state on the obligation. A surviving organization 1361 that is a foreign organization and not authorized to transact 1362 business in this state shall appoint the Secretary of State 1363Department of Stateas its agent for service of process pursuant 1364 to s. 48.161the provisions of s. 48.181. 1365 Section 34. Except as otherwise expressly provided in this 1366 act and except for this section, which shall take effect upon 1367 this act becoming a law, this act shall take effect January 2, 1368 2023.