(1) Process against a limited liability company, domestic or foreign, may be served on the registered agent designated by the limited liability company under chapter 605. A person attempting to serve process pursuant to this subsection may serve the process on any employee of the registered agent during the first attempt at service even if the registered agent is a natural person and is temporarily absent from his or her office.
(2) If service cannot be made on a registered agent of the limited liability company because of failure to comply with chapter 605 or because the limited liability company does not have a registered agent, or if its registered agent cannot with reasonable diligence be served, process against the limited liability company, domestic or foreign, may be served:
(a) On a member of a member-managed limited liability company;
(b) On a manager of a manager-managed limited liability company; or
(c) If a member or manager is not available during regular business hours to accept service on behalf of the limited liability company, he, she, or it may designate an employee of the limited liability company to accept such service. After one attempt to serve a member, manager, or designated employee has been made, process may be served on the person in charge of the limited liability company during regular business hours.
(3) If, after reasonable diligence, service of process cannot be completed under subsection (1) or subsection (2), service of process may be effected by service upon the Secretary of State as agent of the limited liability company as provided for in s. 48.181.
(4) If the address for the registered agent, member, or manager is a residence, a private mailbox, a virtual office, or an executive office or mini suite, service on the domestic or foreign limited liability company may be made by serving the registered agent, member, or manager in accordance with s. 48.031.
(5) This section does not apply to service of process on insurance companies.
History.—s. 3, ch. 2013-180; s. 13, ch. 2015-148; s. 5, ch. 2019-67; s. 3, ch. 2022-190.
1Note.—Section 3, ch. 2022-190, amended s. 48.062, effective January 2, 2023, to read:
48.062 Service on a domestic limited liability company or registered foreign limited liability company.—
(1) As used in this section, the term “registered foreign limited liability company” means a foreign limited liability company that has an active certificate of authority to transact business in this state pursuant to a record filed with the Department of State.
(2) A domestic limited liability company or registered foreign limited liability company may be served with process required or authorized by law by service on its registered agent designated by the domestic limited liability company or registered foreign limited liability company under chapter 605.
(3) If service cannot be made on a registered agent of the domestic limited liability company or registered foreign limited liability company because the domestic limited liability company or registered foreign limited liability company ceases to have a registered agent, or if the registered agent of the domestic limited liability company or registered foreign limited liability company cannot otherwise be served after one good faith attempt because of a failure to comply with this chapter or chapter 605, the process may be served on any of the following:
(a) Any manager of a manager-managed domestic limited liability company or registered foreign limited liability company.
(b) Any member of a member-managed domestic limited liability company or registered foreign limited liability company.
(c) Any person listed publicly by the domestic limited liability company or registered foreign limited liability company on its latest annual report, as most recently amended.
(4) If, after due diligence, the process cannot be completed under subsection (2) and if either:
(a) The only person listed publicly by the domestic limited liability company or registered foreign limited liability company on its latest annual report, as most recently amended, is also the registered agent on whom service was attempted under subsection (2); or
(b) After due diligence, service was attempted on at least one person listed publicly by the domestic limited liability company or registered foreign limited liability company on its latest annual report, as most recently amended, and cannot be completed on such person under subsection (3),
the service of process may be served as provided in s. 48.161 on the Secretary of State as an agent of the domestic limited liability company or the registered foreign limited liability company or by order of the court under s. 48.102.
(5) If the address for the registered agent or any person listed publicly by the domestic limited liability company or registered foreign limited liability company on its latest annual report, as most recently amended, is a residence, a private mailbox, a virtual office, or an executive office or mini suite, service on the domestic limited liability company or registered foreign limited liability company may be made by serving any of the following:
(a) The registered agent of the domestic limited liability company or registered foreign limited liability company, in accordance with s. 48.031.
(b) Any person listed publicly by the domestic limited liability company or registered foreign limited liability company on its latest annual report, as most recently amended, in accordance with s. 48.031.
(c) Any member or manager of the domestic limited liability company or registered foreign limited liability company, in accordance with s. 48.031.
(6) A foreign limited liability company engaging in business in this state which is not registered is considered, for purposes of service of process, a nonresident engaging in business in this state and may be served pursuant to s. 48.181 or by order of the court under s. 48.102.
(7) This section does not apply to service of process on insurance companies.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
Chapter 48 - Process and Service of Process
48.011 - Process; How Directed.
48.021 - Process; by Whom Served.
48.031 - Service of Process Generally; Service of Witness Subpoenas.
48.042 - Service on Incompetent.
48.051 - Service on State Prisoners.
48.061 - Service on Partnerships and Limited Partnerships.
48.062 - Service on a Limited Liability Company.
48.071 - Service on Agents of Nonresidents Doing Business in the State.
48.081 - Service on Corporation.
48.091 - Corporations; Designation of Registered Agent and Registered Office.
48.092 - Service on Financial Institutions.
48.101 - Service on Dissolved Corporations.
48.102 - Service by Other Means.
48.111 - Service on Public Agencies and Officers.
48.121 - Service on the State.
48.131 - Service on Alien Property Custodian.
48.141 - Service on Labor Unions.
48.151 - Service on Statutory Agents for Certain Persons.
48.161 - Method of Substituted Service on Nonresident.
48.171 - Service on Nonresident Motor Vehicle Owners, Etc.
48.181 - Service on Nonresident Engaging in Business in State.
48.183 - Service of Process in Action for Possession of Premises.
48.184 - Service of Process for Removal of Unknown Parties in Possession.
48.19 - Service on Nonresidents Operating Aircraft or Watercraft in the State.
48.193 - Acts Subjecting Person to Jurisdiction of Courts of State.
48.194 - Personal Service Outside State.
48.195 - Service of Foreign Process.
48.197 - Service in a Foreign Country.
48.20 - Service of Process on Sunday.
48.21 - Return of Execution of Process.
48.22 - Cumulative to Other Laws.
48.27 - Certified Process Servers.
48.29 - Certification of Process Servers.
48.31 - Removal of Certified Process Servers; False Return of Service.