How Do Process Servers Serve a Business?
Most people only think about process servers serving documents to individuals, but businesses are often the recipients of these documents. Businesses are sued frequently for a variety of civil issues, from injuries that occur on their property to financial disagreements with vendors or customers. In Florida, process servers must follow a special set of rules in order to legally serve process on a business. Specifically, they must follow the 2022 Florida Statutes, Title IV, Chapter 48.
Who May Serve Process
Regardless of whether the process recipient is an individual or a business, the requirements regarding who may serve process remain the same, as outlined in Section 48.021 of the 2022 Florida Statutes.
Type of Business Being Served
The laws vary depending on the type of business being served:
Partnerships
As long as one partner of the business is served, the entire partnership is considered served. Alternatively, the partnership may designate an employee to receive the process on their behalf. If at least one attempt to serve a partner or designated employee has been made, the process server may then serve the process to whoever is in charge of the partnership operations during normal business hours. However, if an employee is served instead of a partner, the plaintiff may only seek judgment and execution against the partnership assets but not each partner’s individual assets. If an actual partner is served, both the partnership assets and each partner’s individual assets are at risk.
Domestic Limited Partnerships
Process must be served on a partner or registered agent named in the certificate of limited partnership. Once this occurs, the entire partnership is considered to be served. If a partner or registered agent cannot be found, the Florida Secretary of State may be served as agent of the limited partnership.
Foreign Limited Partnerships
Process must be served on a partner or registered agent named in the registration as a foreign limited partnership. Once this occurs, the entire partnership is considered to be served. If a partner or registered agent cannot be found, the Florida Secretary of State may be served as agent of the limited partnership.
Limited Liability Companies
The process should be served on the LLC’s registered agent as designated under Chapter 605 when registering the LLC with the state. Any employee of the registered agent may also be served, even if it’s the first service attempt and the registered agent is just temporarily away from their office. If the registered agent or their employee cannot be found, a member or manager of the LLC (depending on the LLC’s structure), or an employee designated by a member or manager, may be served. After one attempt to serve a member, manager, or designated employee, the process server may serve whichever employee is in charge of the LLC during normal business hours. If, after due diligence, none of the above-named can be found for service, the Florida Secretary of State may be served as the LLC’s agent.
Nonresidents Doing Business in Florida
People who are not residents of Florida that conduct business of any type in the state, whether it be in-person or not, agree as a condition of being allowed to do said business that the Florida Secretary of State may act as their agent to receive process if they, or their registered agent, cannot be located.
Agents of Nonresidents Doing Business in Florida
Any person in charge of operating a business in the state of Florida for a nonresident can be served as an agent for the business. This service is considered just as valid as if the process had been delivered to the nonresident owner themselves. In these situations, a copy of the process will also be sent registered or certified with a return receipt requested to the nonresident business owner’s registered address.
Corporations (Domestic & Foreign)
Process servers must follow a hierarchy of positions when attempting service on a corporation, only attempting service on subsequent positions if higher positions are not available, as follows:
- President, Vice-President, or another executive head of the corporation
- Cashier, treasurer, secretary, or general manager
- Any director
- Any officer or business agent residing in Florida
- Any agent transacting business for the corporation in the state (foreign corporations only)
Alternatively, if the corporation has designated an agent under s. 48.091 of the 2022 Florida Statutes, that agent may be served without ever attempting to serve any of the positions named above. If the registered agent is unavailable, any of their employees may be served, or any employee at the corporation’s principal place of business during normal business hours.
Financial Institutions
Service of process on a financial institution must follow the very specific guidelines set forth in s. 655.0201 of the 2022 Florida Statutes.
Dissolved Corporations
Service on a corporation that was dissolved prior to 7/1/1990 must follow special rules set out in s. 48.101 of the 2022 Florida Statutes. Corporations dissolved after this date, follow the same rules as an active corporations.
Labor Unions
To serve a labor organization or labor union, you must serve the president, another executive officer, their business agent, a manager, or any other person in charge of the organization’s business.
Service by Other Means
If a business cannot be served by any of the traditional means, a judge may approve that the business is served by other means that they deem appropriate. This includes, but is not limited to, electronic communications, communication sent via an attorney, or any other way the judge feels is suitable for the case.
Do you need to serve an Orlando area business?
Then Accurate Serve® of Orlando is the next call you need to make. Our servers are well-versed in the laws pertaining to the serving process on Florida businesses, so you’ll never have to worry that a mistake while serving will affect your case. Call us at (407) 868-5992 or send us a work request online to get started today.
**Note: The language of many of the sections in Chapter 48 of the Florida Statutes is set to change in January 2023.