The 2023 Florida Statutes (including Special Session C)

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 605
FLORIDA REVISED LIMITED LIABILITY COMPANY ACT

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F.S. 605.0117

605.0117 Serving process, giving notice, or making a demand.—

(1) Process against a limited liability company or registered foreign limited liability company may be served in accordance with s. 48.062 and chapter 48 or chapter 49.

(2) Any notice or demand on a limited liability company or registered foreign limited liability company under this chapter may be given or made to any member of a member-managed limited liability company or registered foreign limited liability company or to any manager of a manager-managed limited liability company or registered foreign limited liability company; to the registered agent of the limited liability company or registered foreign limited liability company at the registered office of the limited liability company or registered foreign limited liability company in this state; or to any other address in this state which is in fact the principal office of the limited liability company or registered foreign limited liability company in this state.

(3) A registered series of a foreign series limited liability company may be served in the same manner as a registered limited liability company.

(4) This section does not affect the right to serve process, give notice, or make a demand in any other manner provided by law.

History.—s. 2, ch. 2013-180; s. 242, ch. 2019-90; s. 19, ch. 2022-190.

F.S. 605.0117 on Google Scholar

F.S. 605.0117 on Casetext

Amendments to 605.0117

Arrestable Offenses / Crimes under Fla. Stat. 605.0117

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 605.0117.

Annotations, Discussions, Cases:

Cases from cite.case.law:

GREEN EMERALD HOMES, LLC, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION a L. a k a s, 224 So. 3d 799 (Fla. Dist. Ct. App. 2017)

. . . in its complaint to perfect substituted service on the Florida Secretary of State and that section 605.0117 . . . service because (1) section 48.181 applies only to service on nonresidents of Florida and (2) section 605.0117 . . . We find no provision .in section 605.0117 that would relieve Fannie Mae of .its obligation to plead the . . . Indeed, on a closely related issue, this court found that section 605.0117 did not create a new, independent . . . Like section 605.0117, section 48.062 was enacted as part of the law that created the Florida Revised . . .

GREEN EMERALD HOMES, LLC, v. NATIONSTAR MORTGAGE, LLC,, 210 So. 3d 263 (Fla. Dist. Ct. App. 2017)

. . . Consequently, Nationstar served the Florida Department of State with substitute service under section 605.0117 . . . In opposition, Nationstar claimed that newly enacted section 605.0117 provided an independent method . . . Co., 198 So.3d 1122, 1123 (Fla. 4th DCA 2016) (citing ch. 2013-180, §§ S, 29, Laws of Fla.); see § 605.0117 . . . “Service is effectuated [for such purposes] on the date shown as received by the department.” § 605.0117 . . . As the Fourth District held in Jupiter House, although section 605.0117 authorizes service on the Secretary . . .

JUPITER HOUSE, LLC, v. DEUTSCHE BANK NATIONAL TRUST CO., 198 So. 3d 1122 (Fla. Dist. Ct. App. 2016)

. . . .; see also § 605.0117(3), Fla. Stat. (2014). . . . See § 605.0117(6), Fla. Stat. (2014). The plaintiff then filed the return of service. . . . For example, section 605.0117(5) provides that service is effectuated on the date shown as received by . . . Section 605.0117(6) provides also that the Department must keep a record of each process, notice, and . . . received by the Department, and section 605.0117(6) provides that the Department must keep a record . . .