What has Changed About Service of Process Since SB 1062?
Many subpoenas, summons, and notices are served upon business entities, so it’s important to have a firm grasp of the accepted procedures in Florida. In June 2022, Senate Bill 1062 became law, and it outlines many procedures and provisions for service of process on partnerships, registered agents, limited liability companies, public agencies, and other public and private entities.
What is Senate Bill 1062?
Senate Bill 1062 (SB 1062) was passed in the Florida House in March of 2022 and approved by the governor three months later. It includes a variety of guidelines for service of process with the intention of clarifying, modernizing, and streamlining the way certain business entities are served. Let’s discuss some of the elements of SB 1062.
Registered Agents
The Bill implemented a priority on serving registered agents for businesses. A registered agent is a person or company designated as the point of contact for receiving important legal, tax, and government messages and correspondence. By promoting service on the registered agent as the preferred option, the Bill creates a uniform and simplified procedure for service. Specifically, SB 1062 states that domestic limited liability partnerships and companies and domestic limited partnerships must first be served through their registered agent. Any Florida company that uses a registered agent must ensure their agent is open and available from at least 10:00 a.m. to 12:00 p.m. on weekdays.
Partnerships
Service of process procedures for partnerships that are not limited liability partnerships or limited partnerships works differently from the above-mentioned business entities. For partnerships, service of process on one partner is sufficient and is valid as service on the partnership itself. Both partners do not need to be served individually.
Secretary of State
When attempting to serve a nonresident entity or individual, process servers can send a copy of the process to the Secretary of State’s office by electronic transmission. This is often the most convenient method for this type of substituted service, but other acceptable service delivery on the Secretary of State includes:
- Certified mail
- Personal delivery
- Registered mail
Service of process on the Secretary can also be used in some situations when other attempts to complete service have failed. The Secretary of State is responsible for keeping a record of each service of process they receive.
Government Agencies
How to serve government agencies is also included in SB 1062. For certain agencies, boards, departments, or commissions of the state of Florida or any county, service of process shall be completed on the registered agent as a first option. If there is no registered agent or they cannot be served, process servers may then serve:
- The mayor, chair, or other head
- Vice mayor, vice president, or vice chair
- Any governing board member
- In-house attorneys for the entity
- Manager
- Any other employee located at the main office if none of the above can be reached
Other Provisions to Consider
The party that effectuates service must send a copy of the process and a notice of service, sometimes called an affidavit or proof of service, to the other party or their attorney. This means that process servers must provide the affidavit or notice of service to the party issuing service.
Some of the provisions included in SB 1062 do not apply to insurance companies, so process servers should ensure they are familiar with the separate requirements for serving these entities.
The Bill also discusses requirements and procedures for serving process in a foreign country and numerous other elements of process of service in Florida.