Florida Senate - 2022                             CS for SB 1062
       
       
        
       By the Committee on Judiciary; and Senator Bradley
       
       
       
       
       
       590-01916-22                                          20221062c1
    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; creating s. 48.184, F.S.; providing for
   47         service of process for removal of unknown parties in
   48         possession of real property; amending s. 48.194, F.S.;
   49         revising provisions relating to service outside this
   50         state but within the United States; deleting
   51         provisions relating to service outside the United
   52         States; creating s. 48.197, F.S.; providing for
   53         service in a foreign country; 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, must shall be 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. 48.102 After one attempt to serve a partner or
  182  designated employee has been made, process may be served on the
  183  person in charge of the partnership during regular business
  184  hours. After service on any partner, plaintiff may proceed to
  185  judgment and execution against that partner and the assets of
  186  the partnership. After service on a designated employee or other
  187  person in charge, plaintiff may proceed to judgment and
  188  execution against the partnership assets but not against the
  189  individual assets of any partner.
  190         (2)Process against a domestic limited partnership may be
  191  served on any general partner or on the agent for service of
  192  process specified in its certificate of limited partnership or
  193  in its certificate as amended or restated and is as valid as if
  194  served on each individual member of the partnership. After
  195  service on a general partner or the agent, the plaintiff may
  196  proceed to judgment and execution against the limited
  197  partnership and all of the general partners individually. If a
  198  general partner cannot be found in this state and service cannot
  199  be made on an agent because of failure to maintain such an agent
  200  or because the agent cannot be found or served with the exercise
  201  of reasonable diligence, service of process may be effected by
  202  service upon the Secretary of State as agent of the limited
  203  partnership as provided for in s. 48.181. Service of process may
  204  be made under ss. 48.071 and 48.21 on limited partnerships.
  205         (3)Process against a foreign limited partnership may be
  206  served on any general partner found in the state or on any agent
  207  for service of process specified in its application for
  208  registration and is as valid as if served on each individual
  209  member of the partnership. If a general partner cannot be found
  210  in this state and an agent for service of process has not been
  211  appointed or, if appointed, the agent’s authority has been
  212  revoked or the agent cannot be found or served with the exercise
  213  of reasonable diligence, service of process may be effected by
  214  service upon the Secretary of State as agent of the limited
  215  partnership as provided for in s. 48.181, or process may be
  216  served 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 against A domestic limited liability company,
  227  domestic or registered foreign limited liability company, may be
  228  served with process required or authorized by law by service on
  229  its the registered agent designated by the domestic limited
  230  liability company or registered foreign limited liability
  231  company under chapter 605. A person attempting to serve process
  232  pursuant to this subsection may serve the process on any
  233  employee of the registered agent during the first attempt at
  234  service even if the registered agent is a natural person and is
  235  temporarily 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 605 or because the limited liability company does not
  245  have a registered agent, or if its registered agent cannot with
  246  reasonable diligence be served, process against the limited
  247  liability 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 liability
  252  company;
  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 liability
  256  company; or
  257         (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 amended If
  260  a member or manager is not available during regular business
  261  hours to accept service on behalf of the limited liability
  262  company, he, she, or it may designate an employee of the limited
  263  liability company to accept such service. After one attempt to
  264  serve a member, manager, or designated employee has been made,
  265  process may be served on the person in charge of the limited
  266  liability company during regular business hours.
  267         (4)(3) If, after due reasonable diligence, the service of
  268  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 subsection
  279  (2),
  280  
  281  the service of process may be served as provided in s. 48.161 on
  282  effected by service upon the 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  48.102 as 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 manager is 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 must shall be
  325  sent forthwith to the nonresident person or partnership by
  326  registered mail; by or certified 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 must shall be
  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 following Process against any private corporation,
  354  domestic or foreign, may be served:
  355         (a) The chair of the board of directors, On the president,
  356  any or vice president, the secretary, or the treasurer or other
  357  head of 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 amended In the absence of any person described
  362  in paragraph (a), on the cashier, treasurer, secretary, or
  363  general manager;
  364         (c) In the absence of any person described in paragraph (a)
  365  or paragraph (b), on any director; or
  366         (d) In the absence of any person described in paragraph
  367  (a), paragraph (b), or paragraph (c), on any officer or business
  368  agent 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 foregoing
  386  officers or agents in this state, service may be made on any
  387  agent transacting business for it in this state.
  388         (3)(a) As an alternative to all of the foregoing, process
  389  may be served on the agent designated by the corporation under
  390  s. 48.091. However, if service cannot be made on a registered
  391  agent because of failure to comply with s. 48.091, service of
  392  process shall be permitted on any employee at the corporation’s
  393  principal place of business or on any employee of the registered
  394  agent. A person attempting to serve process pursuant to this
  395  paragraph may serve the process on any employee of the
  396  registered agent during the first attempt at service even if the
  397  registered 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 of
  402  business is 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 director in
  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 not
  422  isolated activities within this state, or has a business office
  423  within the state and is actually engaged in the transaction of
  424  business therefrom, service upon any officer or business agent
  425  while on corporate business within this state may personally be
  426  made, pursuant to this section, and it is not necessary in such
  427  case that the action, suit, or proceeding against the
  428  corporation shall have arisen out of any transaction or
  429  operation connected with or incidental to the business being
  430  transacted 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 company Florida
  452  corporation and every foreign corporation now qualified or
  453  hereafter qualifying to transact business in this state shall
  454  designate a registered agent and registered office in accordance
  455  with chapter 605, part I of chapter 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  to corporation shall keep 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 designated registered agents on whom
  471  process may be served at the office during these hours. The
  472  corporation shall keep a sign posted in the office in some
  473  conspicuous place designating the name of the corporation and
  474  the name of its registered 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
  495  which was dissolved before July 1, 1990, as trustees of the
  496  dissolved corporation must shall be 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 dissolved
  500  corporation 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 e-mail or other technology.
  545         Section 9. Subsection (2) of section 48.151, Florida
  546  Statutes, is amended to read:
  547         48.151 Service on statutory agents for certain persons.—
  548         (2) This section does not apply to substituted service of
  549  process under s. 48.161 or s. 48.181 on nonresidents.
  550         Section 10. Section 48.161, Florida Statutes, is amended to
  551  read:
  552         48.161 Method of substituted service on nonresident.—
  553         (1) When authorized by law, substituted service of process
  554  on a nonresident individual or a corporation or other business
  555  entity incorporated or formed under the laws of any other state,
  556  territory, or commonwealth, or the laws of any foreign country,
  557  may or a person who conceals his or her whereabouts by serving a
  558  public officer designated by law shall be made by sending
  559  leaving a copy of the process to the office of the Secretary of
  560  State by personal delivery; by registered mail; with a fee of
  561  $8.75 with the public officer or in his or her office or by
  562  mailing the copies by certified mail, return receipt requested;
  563  by use of a commercial firm regularly engaged in the business of
  564  document or package delivery; or by electronic transmission to
  565  the public officer with the fee. The service is sufficient
  566  service on a party that defendant who has appointed or is deemed
  567  to have appointed the Secretary of State a public officer as
  568  such party’s his or her agent for the service of process. The
  569  Secretary of State shall keep a record of all process served on
  570  the Secretary of State showing the day and hour of service.
  571         (2) Notice of service and a copy of the process must shall
  572  be sent forthwith by the party effectuating service or by such
  573  party’s attorney by registered mail; by registered or certified
  574  mail, return receipt requested; or by use of a commercial firm
  575  regularly engaged in the business of document or package
  576  delivery. In addition, if the parties have recently and
  577  regularly used e-mail or other electronic means to communicate
  578  between themselves, the notice of service and a copy of the
  579  process must be sent by such electronic means or, if the party
  580  is being served by substituted service, the notice of service
  581  and a copy of the process must be served at such party’s last
  582  known physical address and, if applicable, last known electronic
  583  address. The party effectuating service shall file proof of
  584  service or return receipts showing delivery to the other party
  585  by mail or courier and by electronic means, if electronic means
  586  were used, unless the party is actively refusing or rejecting
  587  the delivery of the notice. An by the plaintiff or his or her
  588  attorney to the defendant, and the defendant’s return receipt
  589  and the affidavit of compliance of the party effectuating
  590  service plaintiff or such party’s his or her attorney must of
  591  compliance shall be filed within 40 days after on or before the
  592  date return day of service on the Secretary of State process or
  593  within such additional time as the court allows. The affidavit
  594  of compliance must set forth the facts that justify substituted
  595  service under this section and that show due diligence was
  596  exercised in attempting to locate and effectuate personal
  597  service on the party before using substituted service under this
  598  section. The party effectuating service does not need to allege
  599  in its original or amended complaint the facts required to be
  600  set forth in the affidavit of compliance.
  601         (3)When an individual or a business entity conceals its
  602  whereabouts, the party seeking to effectuate service, after
  603  exercising due diligence to locate and effectuate personal
  604  service, may use substituted service pursuant to subsection (1)
  605  in connection with any action in which the court has
  606  jurisdiction over such individual or business entity. The party
  607  seeking to effectuate service must also comply with subsection
  608  (2); however, a return receipt or other proof showing acceptance
  609  of receipt of the notice of service and a, or the notice and
  610  copy of the shall be served on the defendant, if found within
  611  the state, by an officer authorized to serve legal process by
  612  the concealed party need not be filed, or if found without the
  613  state, by a sheriff or a deputy sheriff of any county of this
  614  state or any duly constituted public officer qualified to serve
  615  like process in the state or jurisdiction where the defendant is
  616  found. The officer’s return showing service shall be filed on or
  617  before the return day of the process or within such time as the
  618  court allows. The fee paid by the plaintiff to the public
  619  officer shall be taxed as cost if he or she prevails in the
  620  action. The public officer shall keep a record of all process
  621  served on him or her showing the day and hour of service.
  622         (4)(a) The party effectuating service is considered to have
  623  used due diligence if that party:
  624         1. Made diligent inquiry and exerted an honest and
  625  conscientious effort appropriate to the circumstances to acquire
  626  the information necessary to effectuate personal service;
  627         2. In seeking to effectuate personal service, reasonably
  628  employed the knowledge at the party’s command, including
  629  knowledge obtained pursuant to subparagraph 1.; and
  630         3. Made an appropriate number of attempts to serve the
  631  party, taking into account the particular circumstances.
  632         (b)In connection with service of process on any party who
  633  is a natural person, in making the determination as to whether
  634  the party effectuating service used due diligence, there is a
  635  rebuttable presumption that the serving party exercised due
  636  diligence by making three good faith attempts to serve the other
  637  party during such times when and where such party is reasonably
  638  likely to be found, as determined through resources reasonably
  639  available to the party seeking to secure service of process.
  640         (5)(2) If any individual person on whom service of process
  641  is authorized under subsection (1) dies, service may be made in
  642  the same manner on his or her administrator, executor, curator,
  643  or personal representative in the same manner.
  644         (9)(3) This section does not apply to persons on whom
  645  service is authorized under s. 48.151.
  646         (6)(4) The Secretary of State public officer may designate
  647  an individual some other person in his or her office to accept
  648  service.
  649         (7) Service of process is effectuated under this section on
  650  the date the service is received by the Department of State.
  651         (8) The Department of State shall maintain a record of each
  652  process served pursuant to this section and record the time of
  653  and the action taken regarding the service.
  654         Section 11. Section 48.181, Florida Statutes, is amended to
  655  read:
  656         48.181 Substituted service on nonresidents and foreign
  657  business entities nonresident engaging in business in state or
  658  concealing their whereabouts.—
  659         (1) As used in this section, the term “foreign business
  660  entity” means any corporation or other business entity that is
  661  incorporated, formed, or existing under the laws of any other
  662  state, territory, or commonwealth, or the laws of any foreign
  663  country.
  664         (2) The acceptance by any individual person or persons,
  665  individually or associated together as a copartnership or any
  666  other form or type of association, who is a resident are
  667  residents of any other state, territory, or commonwealth, or of
  668  any foreign or country, or by any foreign business entity and
  669  all foreign corporations, and any person who is a resident of
  670  the state and who subsequently becomes a nonresident of the
  671  state or conceals his or her whereabouts, of the privilege
  672  extended by law to nonresidents and others to operate, conduct,
  673  engage in, or carry on a business or business venture in this
  674  the state, or to have an office or agency in this the state, is
  675  deemed to constitute constitutes an appointment by the
  676  individual or persons and foreign business entity corporations
  677  of the Secretary of State of this the state as its their agent
  678  on whom all process in any action or proceeding against the
  679  individual or business entity them, or any combination thereof
  680  of them, arising out of any transaction or operation connected
  681  with or incidental to the business or business venture may be
  682  served as substituted service in accordance with this chapter.
  683  The acceptance of the privilege is signification of the
  684  agreement of the respective individual or persons and foreign
  685  business entity corporations that the process served against it
  686  them in accordance with this chapter which is so served is of
  687  the same validity as if served personally on the individual
  688  persons or foreign business entity corporations.
  689         (3)(2) If a foreign business entity corporation has
  690  registered to do business a resident agent or officer in this
  691  the state and has maintained its registration in an active
  692  status or otherwise continued to have a registered agent,
  693  personal service of process must first shall be attempted served
  694  on the foreign business entity in the manner and order of
  695  priority described in this chapter as applicable to the foreign
  696  business entity. If, after due diligence, the party seeking to
  697  effectuate service of process is unable to effectuate service of
  698  process on the registered agent or other official as provided in
  699  this chapter, the party may use substituted service of process
  700  on the Secretary of State resident agent or officer.
  701         (4) Any individual or foreign business entity that conceals
  702  its whereabouts is deemed to have appointed the Secretary of
  703  State as its agent on whom all process may be served, in any
  704  action or proceeding against it, or any combination thereof,
  705  arising out of any transaction or operation connected with or
  706  incidental to any business or business venture carried on in
  707  this state by such individual or foreign business entity.
  708         (5)(3) Any individual or foreign business entity that
  709  person, firm, or corporation which sells, consigns, or leases by
  710  any means whatsoever tangible or intangible personal property,
  711  through brokers, jobbers, wholesalers, or distributors to any
  712  individual person, firm, or corporation, or other business
  713  entity in this state is conclusively presumed to be both engaged
  714  in substantial and not isolated activities within this state and
  715  operating, conducting, engaging in, or carrying on a business or
  716  business venture in this state.
  717         (6) Service pursuant to this section must be effectuated in
  718  the manner prescribed by s. 48.161.
  719         Section 12. Section 48.184, Florida Statutes, is created to
  720  read:
  721         48.184Service of process for removal of unknown parties in
  722  possession.—
  723         (1)This section applies only to actions governed by s.
  724  82.03, s. 83.21, s. 83.59, or s. 723.061 and only to the extent
  725  that such actions seek relief for the removal of unknown parties
  726  in possession of real property. The provisions of this section
  727  are cumulative to other provisions of law or rules of court
  728  about service of process, and all other such provisions are
  729  cumulative to this section.
  730         (2) A summons must be issued in the name of “Unknown Party
  731  in Possession” when the name of an occupant of real property is
  732  not known to the plaintiff and the property occupied by the
  733  unknown party is identified in the complaint and summons. A
  734  separate summons must be issued for each such unknown occupant.
  735         (3) The plaintiff shall attempt to serve the summons on any
  736  unknown occupant of the property described in the summons and
  737  complaint. If service on the unknown occupant is not effectuated
  738  on the first attempt, at least two further attempts must be
  739  made. The three attempts to obtain service must be made once
  740  during business hours, once during nonbusiness hours, and once
  741  on a weekend. The process server shall make an inquiry as to the
  742  name of the unknown occupant at the time of service. The return
  743  of service must note the name of the occupant if obtained by the
  744  process server or state that the name of the occupant could not
  745  be obtained after inquiry. If the name of the occupant becomes
  746  known to the plaintiff through the return of service or
  747  otherwise, without notice or hearing thereon, all subsequent
  748  proceedings must be conducted under the true name of such
  749  occupant and all prior proceedings are deemed amended
  750  accordingly.
  751         (4) Service of process must also be made on unknown parties
  752  by both of the following means:
  753         (a) By attaching the summons and complaint to a conspicuous
  754  location on the premises involved in the proceedings.
  755         (b) Upon issuance of the summons, by the plaintiff
  756  providing the clerk of the court with one additional copy of the
  757  summons and complaint for each unknown occupant and a prestamped
  758  envelope for each unknown occupant addressed to the unknown
  759  occupant at the address of the premises involved in the
  760  proceedings. The clerk of the court shall immediately mail a
  761  copy of the summons and complaint by first-class mail, note the
  762  fact of mailing in the docket, and file a certificate in the
  763  court file of the fact and date of mailing. The clerk of the
  764  court shall charge such fees for such services as provided by
  765  law.
  766         (5) Service is effective on the unknown party in possession
  767  on the later of the date that personal service is made, the date
  768  of attaching the summons and complaint to a conspicuous location
  769  on the premises, or upon mailing by the clerk.
  770         (6) The judgment and writ of possession must refer to any
  771  unknown party in possession by name if the name is shown on the
  772  return of service or is otherwise known to the plaintiff. If the
  773  name of any unknown party in possession is not shown on the
  774  return of service or otherwise known to the plaintiff and
  775  service has been effectuated as provided in this section, the
  776  judgment and writ of possession must refer to each such person
  777  as “Unknown Party in Possession,” and the writ of possession
  778  must be executed by the sheriff by dispossessing the occupants
  779  and placing the plaintiff in possession of the property.
  780         Section 13. Subsections (1) and (2) of section 48.194,
  781  Florida Statutes, are amended to read:
  782         48.194 Personal service in another outside state,
  783  territory, or commonwealth of the United States.—
  784         (1) Except as otherwise provided herein, service of process
  785  on a party in another persons outside of this state, territory,
  786  or commonwealth of the United States must shall be made in the
  787  same manner as service within this state by any officer person
  788  authorized to serve process in the state where service shall be
  789  made the person is served. No order of court is required. An
  790  affidavit of the officer must be filed, stating the time,
  791  manner, and place of service. The A court may consider the
  792  affidavit return-of-service form described in s. 48.21, or any
  793  other competent evidence, in determining whether service has
  794  been properly made. Service of process on persons outside the
  795  United States may be required to conform to the provisions of
  796  the Hague Convention on the Service Abroad of Judicial and
  797  Extrajudicial Documents in Civil or Commercial Matters.
  798         (2) When where in rem or quasi in rem relief is sought in a
  799  foreclosure proceeding as defined by s. 702.09, and the address
  800  of the person to be served is known, service of process on a
  801  person in another state, territory, or commonwealth outside of
  802  the United States this state where the address of the person to
  803  be served is known may be made by registered mail as follows:
  804         (a) The party’s attorney or the party, if the party is not
  805  represented by an attorney, shall place a copy of the original
  806  process and the complaint, petition, or other initial pleading
  807  or paper and, if applicable, the order to show cause issued
  808  pursuant to s. 702.10 in a sealed envelope with adequate postage
  809  addressed to the person to be served.
  810         (b) The envelope must shall be placed in the mail as
  811  registered mail.
  812         (c) Service under this subsection is deemed shall be
  813  considered obtained upon the signing of the return receipt by
  814  the person allowed to be served by law.
  815         Section 14. Section 48.197, Florida Statutes, is created to
  816  read:
  817         48.197 Service in a foreign country.—
  818         (1) Service of process may be effectuated in a foreign
  819  country upon a party, other than a minor or an incompetent
  820  person, as provided in any of the following:
  821         (a) By any internationally agreed-upon means of service
  822  reasonably calculated to give actual notice of the proceedings,
  823  such as those authorized by the Hague Convention on the Service
  824  Abroad of Judicial and Extrajudicial Documents in Civil or
  825  Commercial Matters.
  826         (b) If there is no internationally agreed-upon means of
  827  service, or if an international agreement allows but does not
  828  specify other means, by a method reasonably calculated to give
  829  actual notice of the proceedings:
  830         1. As prescribed by the foreign country’s law for service
  831  in that country in an action in its courts of general
  832  jurisdiction;
  833         2. As the foreign authority directs in response to a letter
  834  rogatory or letter of request; or
  835         3. Unless prohibited by the foreign country’s law, by:
  836         a. If serving an individual, delivering a copy of the
  837  summons and of the complaint to the individual personally; or
  838         b. Using any form of mail which the clerk addresses and
  839  sends to the party and which requires a signed receipt.
  840         (c) Pursuant to motion and order by the court, by other
  841  means, including electronically by e-mail or other technology,
  842  which the party seeking service shows is reasonably calculated
  843  to give actual notice of the proceedings and is not prohibited
  844  by international agreement, as the court orders.
  845         (2) Service of process may be effectuated in a foreign
  846  country upon a minor or an incompetent person in the manner
  847  prescribed by subparagraph (1)(b)1., subparagraph (1)(b)2., or
  848  paragraph (1)(c).
  849         Section 15. Effective upon this act becoming a law,
  850  subsection (2), paragraph (a) of subsection (3), and subsection
  851  (4) of section 766.106, Florida Statutes, are amended to read:
  852         766.106 Notice before filing action for medical negligence;
  853  presuit screening period; offers for admission of liability and
  854  for arbitration; informal discovery; review.—
  855         (2) PRESUIT NOTICE.—
  856         (a) After completion of presuit investigation pursuant to
  857  s. 766.203(2) and before prior to filing a complaint for medical
  858  negligence, a claimant shall notify each prospective defendant
  859  of intent to initiate litigation for medical negligence by at
  860  least one of the following verifiable means:
  861         1. United States Postal Service certified mail, return
  862  receipt requested;
  863         2. United States Postal Service mail with a tracking
  864  number;
  865         3. An interstate commercial mail carrier or delivery
  866  service; or
  867         4. A certified process server as provided in s. 48.27
  868  making service in accordance with chapter 48.
  869         (b) Proof of service made pursuant to this subsection and
  870  delivered to an address on file with the Department of Health,
  871  the Secretary of State, or the Agency for Health Care
  872  Administration creates a rebuttable presumption that service was
  873  received by the prospective defendant. If service is challenged
  874  during subsequent litigation, an evidentiary hearing must be
  875  held by the court to determine whether the prospective defendant
  876  or a person legally related to the prospective defendant was
  877  provided notice pursuant to this subsection and, if so, the date
  878  of such service by certified mail, return receipt requested, of
  879  intent to initiate litigation for medical negligence.
  880         (c) Notice to each prospective defendant must include, if
  881  available, a list of all known health care providers seen by the
  882  claimant for the injuries complained of subsequent to the
  883  alleged act of negligence, all known health care providers
  884  during the 2-year period before prior to the alleged act of
  885  negligence who treated or evaluated the claimant, copies of all
  886  of the medical records relied upon by the expert in signing the
  887  affidavit, and the executed authorization form provided in s.
  888  766.1065.
  889         (d)(b) Following the initiation of a suit alleging medical
  890  negligence with a court of competent jurisdiction, and service
  891  of the complaint upon a prospective defendant, the claimant
  892  shall provide a copy of the complaint to the Department of
  893  Health and, if the complaint involves a facility licensed under
  894  chapter 395, the Agency for Health Care Administration. The
  895  requirement of providing the complaint to the Department of
  896  Health or the Agency for Health Care Administration does not
  897  impair the claimant’s legal rights or ability to seek relief for
  898  his or her claim. The Department of Health or the Agency for
  899  Health Care Administration shall review each incident that is
  900  the subject of the complaint and determine whether it involved
  901  conduct by a licensee which is potentially subject to
  902  disciplinary action, in which case, for a licensed health care
  903  practitioner, the provisions of s. 456.073 applies apply and,
  904  for a licensed facility, the provisions of part I of chapter 395
  905  applies apply.
  906         (3) PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT.—
  907         (a) A no suit may not be filed for a period of 90 days
  908  after notice is delivered mailed to any prospective defendant.
  909  During the 90-day period, the prospective defendant or the
  910  prospective defendant’s insurer or self-insurer shall conduct a
  911  review as provided in s. 766.203(3) to determine the liability
  912  of the prospective defendant. Each insurer or self-insurer shall
  913  have a procedure for the prompt investigation, review, and
  914  evaluation of claims during the 90-day period. This procedure
  915  must shall include one or more of the following:
  916         1. Internal review by a duly qualified claims adjuster;
  917         2. Creation of a panel comprised of an attorney
  918  knowledgeable in the prosecution or defense of medical
  919  negligence actions, a health care provider trained in the same
  920  or similar medical specialty as the prospective defendant, and a
  921  duly qualified claims adjuster;
  922         3. A contractual agreement with a state or local
  923  professional society of health care providers, which maintains a
  924  medical review committee; or
  925         4. Any other similar procedure which fairly and promptly
  926  evaluates the pending claim.
  927  
  928  Each insurer or self-insurer shall investigate the claim in good
  929  faith, and both the claimant and prospective defendant shall
  930  cooperate with the insurer in good faith. If the insurer
  931  requires, a claimant must shall appear before a pretrial
  932  screening panel or before a medical review committee and shall
  933  submit to a physical examination, if required. Unreasonable
  934  failure of any party to comply with this section justifies
  935  dismissal of claims or defenses. There shall be no civil
  936  liability for participation in a pretrial screening procedure if
  937  done without intentional fraud.
  938         (4) SERVICE OF PRESUIT NOTICE AND TOLLING.—The notice of
  939  intent to initiate litigation must shall be served within the
  940  time limits set forth in s. 95.11. However, upon mailing of the
  941  notice of intent to initiate litigation, as provided in
  942  subparagraph (2)(a)1., subparagraph (2)(a)2., or subparagraph
  943  (2)(a)3., and during the 90-day period provided in subsection
  944  (3), the statute of limitations is tolled as to all prospective
  945  potential defendants. If the notice of intent to initiate
  946  litigation is served by a certified process server as provided
  947  in subparagraph (2)(a)4., the statute of limitations is tolled
  948  upon the certified process server’s first attempt to serve the
  949  prospective defendant and continues during the 90-day period as
  950  to all prospective defendants. Upon stipulation by the parties,
  951  the 90-day period may be extended and the statute of limitations
  952  is tolled during any such extension. Upon receiving notice of
  953  termination of negotiations in an extended period, the claimant
  954  shall have 60 days or the remainder of the period of the statute
  955  of limitations, whichever is greater, within which to file suit.
  956         Section 16. Section 495.145, Florida Statutes, is amended
  957  to read:
  958         495.145 Forum for actions regarding registration.—An action
  959  seeking cancellation of a registration of a mark registered
  960  under this chapter may be brought in any court of competent
  961  jurisdiction in this state. Service of process on a nonresident
  962  registrant may be made in accordance with ss. 48.161 and 48.181
  963  s. 48.181. The department may shall not be made a party to
  964  cancellation proceedings.
  965         Section 17. Section 605.0117, Florida Statutes, is amended
  966  to read:
  967         605.0117 Serving Service of process, giving notice, or
  968  making a demand.—
  969         (1) Process against a limited liability company or
  970  registered foreign limited liability company may be served in
  971  accordance with s. 48.062 and chapter 48 or chapter 49 with
  972  process required or authorized by law by serving on its
  973  registered agent.
  974         (2) If a limited liability company or registered foreign
  975  limited liability company ceases to have a registered agent or
  976  if its registered agent cannot with reasonable diligence be
  977  served, the process required or permitted by law may instead be
  978  served:
  979         (a) On a member of a member-managed limited liability
  980  company or registered foreign limited liability company; or
  981         (b) On a manager of a manager-managed limited liability
  982  company or registered foreign limited liability company.
  983         (3) If the process cannot be served on a limited liability
  984  company or registered foreign limited liability company pursuant
  985  to subsection (1) or subsection (2), the process may be served
  986  on the secretary of state as an agent of the company.
  987         (4) Service of process on the secretary of state may be
  988  made by delivering to and leaving with the department duplicate
  989  copies of the process.
  990         (5) Service is effectuated under subsection (3) on the date
  991  shown as received by the department.
  992         (6) The department shall keep a record of each process
  993  served pursuant to this section and record the time of and the
  994  action taken regarding the service.
  995         (7) Any notice or demand on a limited liability company or
  996  registered foreign limited liability company under this chapter
  997  may be given or made to any member of a member-managed limited
  998  liability company or registered foreign limited liability
  999  company or to any manager of a manager-managed limited liability
 1000  company or registered foreign limited liability company; to the
 1001  registered agent of the limited liability company or registered
 1002  foreign limited liability company at the registered office of
 1003  the limited liability company or registered foreign limited
 1004  liability company in this state; or to any other address in this
 1005  state which that is in fact the principal office of the limited
 1006  liability company or registered foreign limited liability
 1007  company in this state.
 1008         (3) A registered series of a foreign series limited
 1009  liability company may be served in the same manner as a
 1010  registered limited liability company.
 1011         (4)(8) This section does not affect the right to serve
 1012  process, give notice, or make a demand in any other manner
 1013  provided by law.
 1014         Section 18. Subsection (1) of section 605.09091, Florida
 1015  Statutes, is amended to read:
 1016         605.09091 Judicial review of denial of reinstatement.—
 1017         (1) If the department denies a foreign limited liability
 1018  company’s application for reinstatement after revocation of its
 1019  certificate of authority, the department must shall serve the
 1020  foreign limited liability company, pursuant to s. 605.0117(2) s.
 1021  605.0117(7), with a written notice that explains the reason or
 1022  reasons for the denial.
 1023         Section 19. Paragraphs (f) and (g) of subsection (1) and
 1024  subsection (2) of section 605.0910, Florida Statutes, are
 1025  amended to read:
 1026         605.0910 Withdrawal and cancellation of certificate of
 1027  authority.—
 1028         (1) To cancel its certificate of authority to transact
 1029  business in this state, a foreign limited liability company must
 1030  deliver to the department for filing a notice of withdrawal of
 1031  certificate of authority. The certificate of authority is
 1032  canceled when the notice becomes effective pursuant to s.
 1033  605.0207. The notice of withdrawal of certificate of authority
 1034  must be signed by an authorized representative and state the
 1035  following:
 1036         (f) A mailing address and an e-mail address to which a
 1037  party seeking to effectuate service of process the department
 1038  may send mail a copy of any process served on the Secretary of
 1039  State under paragraph (e).
 1040         (g) A commitment to notify the department in the future of
 1041  any change in its mailing address or e-mail address.
 1042         (2) After the withdrawal of the foreign limited liability
 1043  company is effective, service of process on the Secretary of
 1044  State using the procedures set forth in s. 48.161 under this
 1045  section is service on the foreign limited liability company.
 1046  Upon receipt of the process, the department shall mail a copy of
 1047  the process to the foreign limited liability company at the
 1048  mailing address set forth under paragraph (1)(f).
 1049         Section 20. Paragraph (f) of subsection (2) of section
 1050  605.1045, Florida Statutes, is amended to read:
 1051         605.1045 Articles of conversion.—
 1052         (2) The articles of conversion must contain the following:
 1053         (f) If the converted entity is a foreign entity that does
 1054  not have a certificate of authority to transact business in this
 1055  state, a mailing address and an e-mail address to which a party
 1056  seeking to effectuate service of process the department may send
 1057  any process served on the Secretary of State department pursuant
 1058  to s. 605.0117 and chapter 48.
 1059         Section 21. Section 607.0504, Florida Statutes, is amended
 1060  to read:
 1061         607.0504 Serving Service of process, giving notice, or
 1062  making a demand on a corporation.—
 1063         (1) A corporation may be served with process required or
 1064  authorized by law in accordance with s. 48.081 and chapter 48 or
 1065  chapter 49 by serving on its registered agent.
 1066         (2) If a corporation ceases to have a registered agent or
 1067  if its registered agent cannot with reasonable diligence be
 1068  served, the process required or permitted by law may instead be
 1069  served on the chair of the board, the president, any vice
 1070  president, the secretary, or the treasurer of the corporation at
 1071  the principal office of the corporation in this state.
 1072         (3) If the process cannot be served on a corporation
 1073  pursuant to subsection (1) or subsection (2), the process may be
 1074  served on the secretary of state as an agent of the corporation.
 1075         (4) Service of process on the secretary of state shall be
 1076  made by delivering to and leaving with the department duplicate
 1077  copies of the process.
 1078         (5) Service is effectuated under subsection (3) on the date
 1079  shown as received by the department.
 1080         (6) The department shall keep a record of each process
 1081  served on the secretary of state pursuant to this subsection and
 1082  record the time of and the action taken regarding the service.
 1083         (7) Any notice or demand on a corporation under this
 1084  chapter may be given or made to the chair of the board, the
 1085  president, any vice president, the secretary, or the treasurer
 1086  of the corporation; to the registered agent of the corporation
 1087  at the registered office of the corporation in this state; or to
 1088  any other address in this state which that is in fact the
 1089  principal office of the corporation in this state.
 1090         (3)(8) This section does not affect the right to serve
 1091  process, give notice, or make a demand in any other manner
 1092  provided by law.
 1093         Section 22. Subsection (1) of section 607.1423, Florida
 1094  Statutes, is amended to read:
 1095         607.1423 Judicial review of denial of reinstatement.—
 1096         (1) If the department denies a corporation’s application
 1097  for reinstatement after administrative dissolution, the
 1098  department must shall serve the corporation under either s.
 1099  607.0504(1) or (2) with a written notice that explains the
 1100  reason or reasons for denial.
 1101         Section 23. Section 607.15101, Florida Statutes, is amended
 1102  to read:
 1103         607.15101 Serving Service of process, giving notice, or
 1104  making a demand on a foreign corporation.—
 1105         (1) A foreign corporation may be served with process
 1106  required or authorized by law in accordance with s. 48.081 and
 1107  chapter 48 or chapter 49 by serving on its registered agent.
 1108         (2) If a foreign corporation ceases to have a registered
 1109  agent or if its registered agent cannot with reasonable
 1110  diligence be served, the process required or permitted by law
 1111  may instead be served on the chair of the board, the president,
 1112  any vice president, the secretary, or the treasurer of the
 1113  foreign corporation at the principal office of the foreign
 1114  corporation in this state.
 1115         (3) If the process cannot be served on a foreign
 1116  corporation pursuant to subsection (1) or subsection (2), the
 1117  process may be served on the secretary of state as an agent of
 1118  the foreign corporation.
 1119         (4) Service of process on the secretary of state may be
 1120  made by delivering to and leaving with the department duplicate
 1121  copies of the process.
 1122         (5) Service is effectuated under subsection (3) on the date
 1123  shown as received by the department.
 1124         (6) The department shall keep a record of each process
 1125  served on the secretary of state pursuant to this section and
 1126  record the time of and the action taken regarding the service.
 1127         (7) Any notice or demand on a foreign corporation under
 1128  this chapter may be given or made: to the chair of the board,
 1129  the president, any vice president, the secretary, or the
 1130  treasurer of the foreign corporation; to the registered agent of
 1131  the foreign corporation at the registered office of the foreign
 1132  corporation in this state; or to any other address in this state
 1133  which that is in fact the principal office of the foreign
 1134  corporation in this state.
 1135         (3)(8) This section does not affect the right to serve
 1136  process, give notice, or make a demand in any other manner
 1137  provided by law.
 1138         Section 24. Paragraphs (f) and (g) of subsection (1) and
 1139  subsection (2) of section 607.1520, Florida Statutes, are
 1140  amended to read:
 1141         607.1520 Withdrawal and cancellation of certificate of
 1142  authority for foreign corporation.—
 1143         (1) To cancel its certificate of authority to transact
 1144  business in this state, a foreign corporation must deliver to
 1145  the department for filing a notice of withdrawal of certificate
 1146  of authority. The certificate of authority is canceled when the
 1147  notice of withdrawal becomes effective pursuant to s. 607.0123.
 1148  The notice of withdrawal of certificate of authority must be
 1149  signed by an officer or director and state the following:
 1150         (f) A mailing address and an e-mail address to which a
 1151  party seeking to effectuate service of process the secretary of
 1152  state may send mail a copy of any process served on the
 1153  Secretary of State under paragraph (e).
 1154         (g) A commitment to notify the department in the future of
 1155  any change in its mailing address or e-mail address.
 1156         (2) After the withdrawal of the foreign corporation is
 1157  effective, service of process on the Secretary of State using
 1158  the procedures in s. 48.161 under this section is service on the
 1159  foreign corporation. Upon receipt of the process, the secretary
 1160  of state shall mail a copy of the process to the foreign
 1161  corporation at the mailing address set forth under paragraph
 1162  (1)(f).
 1163         Section 25. Subsections (1) and (3) of section 617.0504,
 1164  Florida Statutes, are amended to read:
 1165         617.0504 Serving Service of process, giving notice, or
 1166  making a demand on a corporation.—
 1167         (1) Process against any corporation may be served in
 1168  accordance with s. 48.081 and chapter 48 or chapter 49.
 1169         (3) This section does not prescribe the only means, or
 1170  necessarily the required means, of serving process, giving
 1171  notice, or making a demand on a corporation.
 1172         Section 26. Section 617.1510, Florida Statutes, is amended
 1173  to read:
 1174         617.1510 Serving Service of process, giving notice, or
 1175  making a demand on a foreign corporation.—
 1176         (1) Process against a foreign corporation may be served in
 1177  accordance with s. 48.081 and chapter 48 or chapter 49 The
 1178  registered agent of a foreign corporation authorized to conduct
 1179  its affairs in this state is the corporation’s agent for service
 1180  of process, notice, or demand required or permitted by law to be
 1181  served on the foreign corporation.
 1182         (2) A foreign corporation may be served by registered or
 1183  certified mail, return receipt requested, addressed to the
 1184  secretary of the foreign corporation at its principal office
 1185  shown in its application for a certificate of authority or in
 1186  its most recent annual report if the foreign corporation:
 1187         (a) Has no registered agent or its registered agent cannot
 1188  with reasonable diligence be served;
 1189         (b) Has withdrawn from conducting its affairs in this state
 1190  under s. 617.1520; or
 1191         (c) Has had its certificate of authority revoked under s.
 1192  617.1531.
 1193         (3) Service is perfected under subsection (2) at the
 1194  earliest of:
 1195         (a) The date the foreign corporation receives the mail;
 1196         (b) The date shown on the return receipt, if signed on
 1197  behalf of the foreign corporation; or
 1198         (c) Five days after its deposit in the United States mail,
 1199  as evidenced by the postmark, if mailed postpaid and correctly
 1200  addressed.
 1201         (4) This section does not prescribe the only means, or
 1202  necessarily the required means, of serving a foreign
 1203  corporation. Process against any foreign corporation may also be
 1204  served in accordance with chapter 48 or chapter 49.
 1205         (5) Any notice to or demand on a foreign corporation made
 1206  pursuant to this act may be made in accordance with the
 1207  procedures for notice to or demand on domestic corporations
 1208  under s. 617.0504.
 1209         Section 27. Subsections (2) and (3) of section 617.1520,
 1210  Florida Statutes, are amended to read:
 1211         617.1520 Withdrawal of foreign corporation.—
 1212         (2) A foreign corporation authorized to conduct its affairs
 1213  in this state may apply for a certificate of withdrawal by
 1214  delivering an application to the Department of State for filing.
 1215  The application must shall be made on forms prescribed and
 1216  furnished by the Department of State and must shall set forth
 1217  all of the following:
 1218         (a) The name of the foreign corporation and the
 1219  jurisdiction under the law under of which it is incorporated.;
 1220         (b) That it is not conducting its affairs in this state and
 1221  that it surrenders its authority to conduct its affairs in this
 1222  state.;
 1223         (c) That it revokes the authority of its registered agent
 1224  to accept service on its behalf and appoints the Secretary of
 1225  State Department of State as its agent for service of process
 1226  based on a cause of action arising during the time it was
 1227  authorized to conduct its affairs in this state.;
 1228         (d) A mailing address and an e-mail address to which a
 1229  party seeking to effectuate service of process the Department of
 1230  State may send mail a copy of any process served on it under
 1231  paragraph (c).; and
 1232         (e) A commitment to notify the Department of State in the
 1233  future of any change in its mailing address or e-mail address.
 1234         (3) After the withdrawal of the corporation is effective,
 1235  service of process in accordance with s. 48.161 on the
 1236  Department of State under this section is service on the foreign
 1237  corporation. Upon receipt of the process, the Department of
 1238  State shall mail a copy of the process to the foreign
 1239  corporation at the mailing address set forth under subsection
 1240  (2).
 1241         Section 28. Section 620.1117, Florida Statutes, is amended
 1242  to read:
 1243         620.1117 Serving Service of process, giving notice, or
 1244  making a demand on a limited partnership or a foreign limited
 1245  partnership.—
 1246         (1) Service of process on a limited partnership or foreign
 1247  limited partnership must be made in accordance with s. 48.061
 1248  and chapter 48 or chapter 49 A registered agent appointed by a
 1249  limited partnership or foreign limited partnership is an agent
 1250  of the limited partnership or foreign limited partnership for
 1251  service of any process, notice, or demand required or permitted
 1252  by law to be served upon the limited partnership or foreign
 1253  limited partnership.
 1254         (2) Any notice or demand on a limited partnership or
 1255  foreign limited partnership under this chapter may be given or
 1256  made to any general partner of the limited partnership or
 1257  foreign limited partnership, to the registered agent of the
 1258  limited partnership or foreign limited partnership at the
 1259  registered office in this state, or to any other address in this
 1260  state which is in fact the principal office of the limited
 1261  partnership or foreign limited partnership in this state If a
 1262  limited partnership or foreign limited partnership does not
 1263  appoint or maintain a registered agent in this state or the
 1264  registered agent cannot with reasonable diligence be found at
 1265  the address of the registered office, the Department of State
 1266  shall be an agent of the limited partnership or foreign limited
 1267  partnership upon whom process, notice, or demand may be served.
 1268         (3) Service of any process, notice, or demand on the
 1269  Department of State may be made by delivering to and leaving
 1270  with the Department of State duplicate copies of the process,
 1271  notice, or demand.
 1272         (4) Service is effected under subsection (3) upon the date
 1273  shown as having been received by the Department of State.
 1274         (5) The Department of State shall keep a record of each
 1275  process, notice, and demand served pursuant to this section and
 1276  record the time of, and the action taken regarding, the service.
 1277         (6) This section does not affect the right to serve
 1278  process, give notice, or make a demand in any other manner
 1279  provided by law.
 1280         Section 29. Subsection (5) of section 620.1907, Florida
 1281  Statutes, is amended to read:
 1282         620.1907 Cancellation of certificate of authority; effect
 1283  of failure to have certificate.—
 1284         (5) If a foreign limited partnership transacts business in
 1285  this state without a certificate of authority or cancels its
 1286  certificate of authority, it may be served under s. 48.061(5)(b)
 1287  the foreign limited partnership shall appoint the Department of
 1288  State as its agent for service of process for rights of action
 1289  arising out of the transaction of business in this state.
 1290         Section 30. Subsections (3) and (4) of section 620.2105,
 1291  Florida Statutes, are amended to read:
 1292         620.2105 Effect of conversion.—
 1293         (3) A converted organization that is a foreign organization
 1294  consents to the jurisdiction of the courts of this state to
 1295  enforce any obligation owed by the converting limited
 1296  partnership, if before the conversion the converting limited
 1297  partnership was subject to suit in this state on the obligation.
 1298  A converted organization that is a foreign organization and not
 1299  authorized to transact business in this state appoints the
 1300  Secretary of State Department of State as its agent for service
 1301  of process for purposes of enforcing an obligation under this
 1302  subsection and any appraisal rights of limited partners under
 1303  ss. 620.2113-620.2124 to the extent applicable to the
 1304  conversion. Service on the Secretary of State Department of
 1305  State under this subsection is made in the same manner and with
 1306  the same consequences as in ss. 48.161 and 620.1117 s.
 1307  620.1117(3) and (4).
 1308         (4) A copy of the statement of conversion, certified by the
 1309  Secretary of State Department of State, may be filed in any
 1310  county of this state in which the converting organization holds
 1311  an interest in real property.
 1312         Section 31. Subsection (2) of section 620.2109, Florida
 1313  Statutes, is amended to read:
 1314         620.2109 Effect of merger.—
 1315         (2) A surviving organization that is a foreign organization
 1316  consents to the jurisdiction of the courts of this state to
 1317  enforce any obligation owed by a constituent organization, if
 1318  before the merger the constituent organization was subject to
 1319  suit in this state on the obligation. A surviving organization
 1320  that is a foreign organization and not authorized to transact
 1321  business in this state shall appoint the Secretary of State
 1322  Department of State as its agent for service of process for the
 1323  purposes of enforcing an obligation under this subsection and
 1324  any appraisal rights of limited partners under ss. 620.2113
 1325  620.2124 to the extent applicable to the merger. Service on the
 1326  Secretary of State Department of State under this subsection is
 1327  made in the same manner and with the same consequences as in ss.
 1328  48.161 and 620.1117 s. 620.1117(3) and (4).
 1329         Section 32. Subsections (3) and (4) of section 620.8915,
 1330  Florida Statutes, are amended to read:
 1331         620.8915 Effect of conversion.—
 1332         (3) A converted organization that is a foreign organization
 1333  consents to the jurisdiction of the courts of this state to
 1334  enforce any obligation owed by the converting partnership, if
 1335  before the conversion the converting partnership was subject to
 1336  suit in this state on the obligation. A converted organization
 1337  that is a foreign organization and not authorized to transact
 1338  business in this state shall appoint the Secretary of State
 1339  Department of State as its agent for service of process for
 1340  purposes of enforcing an obligation under this subsection.
 1341  Service on the Secretary of State Department of State under this
 1342  subsection is shall be made in the same manner and with the same
 1343  consequences as provided in s. 48.161 s. 48.181.
 1344         (4) A copy of the certificate of conversion, certified by
 1345  the Secretary of State Department of State, may be filed in any
 1346  county of this state in which the converting organization holds
 1347  an interest in real property.
 1348         Section 33. Subsection (2) of section 620.8919, Florida
 1349  Statutes, is amended to read:
 1350         620.8919 Effect of merger.—
 1351         (2) A surviving organization that is a foreign organization
 1352  consents to the jurisdiction of the courts of this state to
 1353  enforce any obligation owed by a constituent organization, if
 1354  before the merger the constituent organization was subject to
 1355  suit in this state on the obligation. A surviving organization
 1356  that is a foreign organization and not authorized to transact
 1357  business in this state shall appoint the Secretary of State
 1358  Department of State as its agent for service of process pursuant
 1359  to s. 48.161 the provisions of s. 48.181.
 1360         Section 34. Except as otherwise expressly provided in this
 1361  act and except for this section, which shall take effect upon
 1362  this act becoming a law, this act shall take effect January 2,
 1363  2023.