When serving legal documents to businesses and corporations in Florida, understanding the specific rules and guidelines set forth by state law is critical. This ensures the validity of the service and prevents costly legal delays. For process servers in Orlando and across Florida, complying with Chapter 48 of the Florida Statutes, which governs process serving, is essential.
Service on Businesses and Corporations: The Basics
Florida law distinguishes between various types of businesses, including corporations, limited liability companies (LLCs), partnerships, and sole proprietorships. The process for serving legal documents differs depending on the business structure, its registration status, and the availability of designated representatives. Below is a breakdown of the key requirements:
- Domestic Corporations:
Service must first be attempted on the registered agent listed with the Florida Department of State. If the registered agent cannot be served after a good-faith effort, service can be made on:- The chair of the board of directors,
- The president, vice president, secretary, or treasurer, or
- Any person listed on the corporation’s most recent annual report.
- Registered Foreign Corporations:
These entities follow similar rules as domestic corporations, requiring service on the registered agent. If the registered agent is unavailable, the process may be served on other designated corporate officers. - Limited Liability Companies (LLCs):
Service must first be made on the LLC’s registered agent. If the agent cannot be served after due diligence, the law permits serving:- A manager (for manager-managed LLCs),
- A member (for member-managed LLCs), or
- Any individual listed on the LLC’s annual report.
- Sole Proprietorships:
Service can be made directly to the sole proprietor. If the owner cannot be located, substituted service is possible by serving the person in charge at the business during regular hours. - Partnerships:
For general partnerships, service can be made on any partner. After an initial attempt, service may be extended to an employee or other individual in charge during business hours. - Nonresident and Foreign Businesses:
Nonresident businesses or foreign entities conducting business in Florida without proper registration can be served through the Florida Secretary of State. This substituted service ensures that out-of-state entities are held accountable within Florida’s jurisdiction.
What Happens When Service Cannot Be Completed?
In instances where personal service cannot be achieved after due diligence, Florida law allows for substituted service methods, such as:
- Leaving the process with someone in charge at the place of business,
- Mailing documents to the business’s last known address,
- Serving the Florida Secretary of State as the entity’s agent.
Process servers must follow strict guidelines for documenting these attempts, including affidavits that outline efforts made to locate and serve the intended party.
Unique Considerations for Gated Communities and Virtual Offices
Florida statutes provide specific rules for overcoming common service challenges. For example:
- Gated Communities: Process servers are granted unannounced access to gated communities for serving residents or businesses located within.
- Virtual or Executive Offices: If a business operates out of a virtual office or executive suite, service may be made on the individual in charge of the location.
Compliance is Key for Legal Validity
The consequences of failing to comply with Florida’s service of process requirements can be significant. If service is deemed invalid, the legal case may be delayed or dismissed. For process servers in Orlando and beyond, understanding the nuances of state law is not just a best practice—it’s a necessity.
At Accurate Serve® of Orlando, our certified process servers are well-versed in Florida’s process serving laws. We ensure compliance with all state and local regulations, giving our clients peace of mind that their legal documents are served correctly and efficiently.
Need Reliable Process Service in Orlando?
Contact Accurate Serve today at the office closest to you or send us a work request online.
Orlando (407) 868-5992
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Not located in the Orlando area? Visit theaccurateservefranchise.com to find your local Accurate Serve office.
