The 2023 Florida Statutes (including Special Session C)
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. . . Tobias, 26 So.3d 77, 79 (Fla. 3d DCA 2010) (holding that service pursuant to section 48.181(1), which . . .
. . . For instance, as relevant to this case, section 48.181, Florida Statutes (2012), authorizes substitute . . .
. . . because the plaintiffs service on the defendant through the Florida Secretary of State under section 48.181 . . . Given these undisputed facts, § 48.181, Florida Statutes, could not be applied to [the defendant], or . . . Because substituted service on the defendant through the Florida Secretary of State under section 48.181 . . . aside final judgment under rule 1.540(b) where defendants were served in another state under section 48.181 . . . by substituted service on the Florida Secretary of State, but section 48.181’s requirements were not . . .
. . . attempted to serve Green Emerald through substitute service on the Secretary of State pursuant to section 48.181 . . . failed to allege the requisite jurisdictional grounds for-substitute service provided under' section 48.181 . . . Secretary of State, the complaint must allege one of two jurisdictional grounds provided under section 48.181 . . . failed to allege either of the jurisdictional grounds for substitute service provided under . section 48.181 . . .
. . . Labbee dealt with another long-arm statute, section 48.181, Florida Statutes (2003), that also applies . . .
. . . Specifically, Green Emerald argued that under section 48.181, Fannie Mae’s substitute service of process . . . Fannie Mae contended that it was unnecessary for it to comply with section 48.181 concerning substitute . . . service because (1) section 48.181 applies only to service on nonresidents of Florida and (2) section . . . DISCUSSION Initially, we note that Fannie Mae’s argument that section 48.181 only applies to nonresidents . . . See § 48.181(1) (stating that the Florida Secretary of State is permitted to accept substituted service . . .
. . . See section 48.181(1) of the Florida Statutes, which authorizes this type of service. . . . .
. . . service upon the Secretary of State as agent of the limited liability company as provided for in s. 48.181 . . . Section 48.062(3) refers to section 48.181,Florida Statutes (2014). . . . When substituted service is made under section 48.181,the requirements of section 48.161 also apply. . . . Secretary, or detail the specific action to be taken, we look to section 48.062’s reference to section 48.181 . . . Second, the plaintiff failed to comply with section 48.161, applicable through section 48.181. . . .
. . . 16); Windfeather has never committed any of the acts enumerated in Florida Statutes sections 48.081, 48.181 . . .
. . . Plaintiffs also attempted substituted service pursuant to Florida Statute § 48.181. . . . “In order to serve a nonresident defendant pursuant to section 48.181, the complaint must allege specific . . . Accordingly, any service pursuant to § 48.181 must be quashed. See Royal Caribbean Cruises, Ltd. v. . . .
. . . This would include service according to sections 48.161 and 48.181, Florida Statutes, because the Hague . . . The method for effecting substitute process on parties is outlined in sections 48.161, 48.171 and 48.181 . . . Section 48.181 sets forth the jurisdictional requirements for substituted service of process. . . . Yam Margate, L.L.C., 825 F.Supp.2d 1264, 1265 (S.D.Fla.2011) (citing § 48.181, Fla. Stat. (2011)). . . .
. . . of process on the defendants by delivering it to the Florida Secretary of State pursuant to section 48.181 . . .
. . . Appellee claims it properly served process by following the procedures outlined in sections 48.181 and . . . Appellant claims that service should have been perfected pursuant to sections 48.181 and 48.161, Florida . . . As such, pursuant to section 48.181(1), Florida Statutes, Florida’s Secretary of State is the agent “ . . .
. . . . § 48.181, which provides for substituted service of process (on the Florida Secretary of State) for . . .
. . . . § 48.181, § 48.182, § 48.193, and § 47.16&emdash; that confer personal jurisdiction over Defendant . . .
. . . Stat. (2010); see also § 48.181(2), Fla. . . .
. . . The substitute service statute provides, in relevant part: 48.181 Service on nonresident engaging in . . . transaction or operation connected with or incidental to the business or business venture may be served. § 48.181 . . . See § 48.181(1). . . . See § 48.181(1), Fla. Stat. (2010). . . . .
. . . . § 48.181(1). . . . Section 48.181, like subsection 48.193(1), requires that “connexity” exist between the cause of action . . . Sections 48.193 and 48.181 “provide different methods for acquiring personal jurisdiction over non-residents . . . review is limited to whether [the plaintiff] made the necessary jurisdictional allegations under section 48.181 . . . Plaintiff was thus obligated to plead a basis for jurisdiction in accordance with Section 48.181. . . .
. . . effected by service upon the Secretary of State as agent of the limited partnership as provided for in s. 48.181 . . .
. . . Stat. § 48.181 are that the defendant conducts business in Florida and is either a(l) nonresident, (2 . . . Stat. § 48.181; Alvarado v. Cisneros, 919 So.2d 585, 589 (Fla. 3rd DCA 2006). . . . Defendant argues that to effectuate service under F.S. § 48.181(1) a party must plead that the company . . . Stat. § 48.181(1). . . . Stat. § 48.181(1). . . .
. . . 194, 196 (Fla. 3d DCA 1992) (“Florida decisions under the closely related provisions of subsection 48.181 . . .
. . . . § 48.161 and 48.181. (See D.E. 32 at 2.) . . . Stat. § 48.161 and 48.181. Analysis I. . . . Stat. § 48.181 through service of process on the Florida’s SOC. . . . Stat. §§ 48.161, 48.181. . . . Stat. § 48.181, on the basis that Defendant is not amenable to such service because it is not engaging . . .
. . . Jurisdiction Under Sections 48.193(2) and 48.181(3) As discussed in Section II.A, supra, the reach of . . . Section 48.181(3) (presumption of substantial business activities). . . . Plaintiffs base their argument for personal jurisdiction over ESR on Sections 48.193(2) and 48.181(3) . . . its affiliates or independent contractors subject a principle to personal jurisdiction under Section 48.181 . . . isolated contacts already found to be insufficient for general jurisdiction under Sections 48.193(2) and 48.181 . . .
. . . . § 48.181(1)). . . .
. . . which stated the necessary requirements for substituted service in compliance with sections 48.161 and 48.181 . . . ANALYSIS Section 48.181(1) provides for substituted service on residents who conceal their whereabouts . . . Section 48.181(1), Florida Statutes, provides that any person doing business in this state is amenable . . .
. . . effected by service upon the Secretary of State as agent of the limited partnership as provided for in s. 48.181 . . . of its sole manager and agent, Neiman served the Secretary of State under the provisions of section 48.181 . . . Florida Statute 48.181 only permits service of process upon the Secretary of State as agent for “any . . . [sic] Counné concedes that section 48.181, Florida Statutes (2007), provides that any person doing business . . . condominium unit, Neiman sought to serve the company by substituted service of process, pursuant to section 48.181 . . . See § 48.181(1); All Mobile Video, Inc. v. Whitener, 773 So.2d 587, 589 (Fla. 1st DCA 2000). . . . See § 48.181(1). . . . plaintiff sought to effectuate substituted service of process on All Mobile Video pursuant to sections 48.181 . . .
. . . . §§ 48.181 and 48.161); McClenon v. . . . , I find that the plaintiffs service of process upon the defendant in accordance with §§ 48.161 and 48.181 . . .
. . . Island Sea-Faris by alleging that Royal Caribbean was Island Sea-Faris’ broker, relying on section 48.181 . . .
. . . The plaintiff relied on section 48.181, Florida Statutes (2005). . . . Because section 48.181, Florida Statutes is inapplicable to this case, it does not appear that service . . .
. . . effected by service upon the Secretary of State as agent of the limited partnership as provided for in s. 48.181 . . . However, section 48.181, Florida Statutes (2002), does not require registration to render the Secretary . . . Section 48.181(1) provides: The acceptance by any person or persons, individually or associated together . . . so served is of the same validity as if served personally on the persons or foreign corporations. § 48.181 . . .
. . . We conclude that service of process was properly accomplished in accordance with sections 48.161 and 48.181 . . .
. . . Stat., and substitute service under §§ 48.161 and 48.181, Fla. Stat. (Doc. 7, pp. 5-11). A. . . . below, the plaintiff properly effected substitute service upon the defendant pursuant to §§ 48.161 and 48.181 . . . The plaintiff contends that it effected service upon the defendant in accordance with §§ 48.161 and 48.181 . . . gov.Aaw/info/judicial, the plaintiff contends that service of process by mail pursuant to §§ 48.161 and 48.181 . . . , I find that the plaintiffs service of process upon the defendant in accordance with §§ 48.161 and 48.181 . . .
. . . domestic corporation, through substituted service on Florida’s Secretary of State pursuant to section 48.181 . . . Section 48.181, Florida Statutes, permits Florida’s Secretary of State to accept service on behalf of . . . conceals his or her whereabouts and who engages in or carries on a business venture in the state. § 48.181 . . . Consequently, the only way for Kurzbard to avail himself of section 48.181 was to properly plead that . . . Section 48.181 states, in relevant part: (1) The acceptance by any person or persons, individually or . . .
. . . Edwards does not engage in “a business or business venture” in Florida under Florida Statutes § 48.181 . . . Under § 48.181(1), if a foreign corporation “operate[s], conduct[s], engage[s] in, or carries] on a business . . . We must strictly construe § 48.181(1), see Esberger v. First Fla. Bus. . . . Moreover, cases involving § 48.181(l)’s “business or business venture” language “must be resolved on . . . as to what constitutes doing business under section 48.181 should apply to section 48.193(l)(a).” . . .
. . . Furthermore, sections 48.193 and 48.181 “provide different methods' for acquiring personal jurisdiction . . . See § 48.181, Fla. Stat. (2005). . . . See § 48.181, Fla. Stat. (2003). . . . .” § 48.181, Fla. Stat. (2003). . . . Section 48.181 states, in relevant part: (1) The acceptance by any person or persons, individually or . . .
. . . Pursuant to section 48.181, Florida Statutes (2003), the plaintiffs' properly served Quebec, Inc. through . . .
. . . . §§ 48.181(1), 48.161; McClenon, 726 F.Supp. at 825. . . . Florida Statutes sections 48.181(3) and 48.181(1), provide that if a nonresident defendant does business . . . to allege any facts that would support a finding that CMSI or CMMS are agents of CMSA under Section 48.181 . . . Pursuant to Florida Statutes § 48.181(2), Florida law provides for serving process on a particular agent . . . Therefore, section 48.181(2) is inapplicable. . . . .
. . . Appellant defendants were served in Texas under section 48.181, Florida Statutes (2003), by substituted . . . defendants were concealing their whereabouts and served the Florida Secretary of State under section 48.181 . . .
. . . Section 48.181(1), Florida Statutes (2001). . . . that it served a copy of the administrative complaint on the Secretary of State pursuant to section 48.181 . . . The procedure for service set out in section 48.181 must comply with the prerequisites established in . . . following terms: If the plaintiff chooses substituted service on the Secretary of State under Section 48.181 . . .
. . . David under sections 48.181(1) and 48.198, Florida Statutes (2000), viz., that Mr. . . . filed an affidavit of compliance indicating that he had met the requirements for service under section 48.181 . . . Following service pursuant to section 48.181(1), Mr. . . .
. . . The plaintiffs also served defendant under section 48.181, Florida Statutes, which provides for service . . . Section 48.181 allows service on the secretary of state where, among other things, individuals “associated . . . of any other state or Country ... carry on a business or business venture in this state.... ” Id. § 48.181 . . . The plaintiffs argue that service was permissible under section 48.181 because the defendant is also . . .
. . . . § 48.181(3,) Finally, plaintiff alleges that defendants come within the purview of § 48.181(3), which . . . The parties’ briefs regarding this issue address only whether § 48.181(3) confers general or specific . . . under 48.193(2), the Court need not, and therefore does not, reach plaintiffs alternative theory under 48.181 . . .
. . . counsel served all of the defendants through the Secretary of State, pursuant to sections 48.161 and 48.181 . . . decide whether the complaint alleges sufficient jurisdictional facts to bring the action within section 48.181 . . . The same requirements apply to service of process under sections 48.161 and 48.181). . . .
. . . failed to allege sufficient facts to invoke long-arm jurisdiction over General pursuant to section 48.181 . . . Service of process was effectuated by substituted service upon the Secretary of State pursuant to section 48.181 . . . Section 48.181, Florida Statutes (1999), permits service on non-residents engaging in business in this . . . However, for purposes of section 48.181(1), Florida Statutes (1999), the allegations that General contracted . . . contain sufficient allegations to permit substitute service on the Secretary of State pursuant to section 48.181 . . .
. . . State of Florida, Appellees attempted to employ substituted service of process pursuant to sections 48.181 . . . See sec. 48.181, Fla. Stat. (1999). . . .
. . . See § 48.181, Fla. Stat. (1999). . . .
. . . after filing suit, appellee substituted service on Florida’s Secretary of State, pursuant to section 48.181 . . . Here, appellee substituted service under section 48.181(1), which provides that Florida’s Secretary of . . .
. . . . § 48.181(1). Waxoyl’s motion to quash service of process was denied, and Waxoyl has appealed. . . . there is an adequate showing that Waxoyl was engaged in business within Florida for purposes of section 48.181 . . . conducting, engaging in, or carrying on a business or business venture in Florida for purposes of section 48.181 . . .
. . . Fontana, 585 So.2d 426, 427 (Fla. 3d DCA 1991)(addressing substituted service under section 48.181 and . . .
. . . sufficient allegations which demonstrate that Sheikh Suroor is amenable to suit in Florida under section 48.181 . . . Instead, FIC utilized our substitute service statutes, sections 48.161 and 48.181, Florida Statutes ( . . . (2) failed to include sufficient jurisdictional allegations to satisfy the requirements of section 48.181 . . . See § 48.181(1), Fla. Stat. (1995). . . . Section 48.181, Florida Statutes (1995), provides in relevant part: 48.181 Service on nonresident engaging . . .
. . . process upon the nonresident appellant through the secretary of state, pursuant to sections 48.161 and 48.181 . . .
. . . in the complaint that the defendant was conducting business in Florida within the terms of section 48.181 . . .
. . . . § 48.161(1), Fla.Stat. (1995); § 48.181(1), Fla.Stat. (1995); New England Rare Coin Galleries, Inc. . . .
. . . . §§ 48.181, 193(1), Fla.Stat. (1993); see Jet Charter Serv., Inc. v. . . .
. . . that personal service could not be effected pursuant to section 48.193(l)(a) we must look to section 48.181 . . . stated above, appellee faded to .allege that he attempted but failed to effect service under section 48.181 . . .
. . . process on Farouki, Attel substituted service on Florida’s secretary of state, pursuant to section 48.181 . . . In the instant case, Attel substituted service under section 48.181(1), which provides, inter alia, that . . . subsequently becomes a nonresident, or any Florida resident who conceals his or her whereabouts. § 48.181 . . . the ultimate facts that invoke the statute, he could not perfect substituted service on Farouki. § 48.181 . . .
. . . The insurance company then effected service pursuant to section 48.181, Florida Statutes (1993), which . . .
. . . because the complaint does not allege sufficient facts to allow substituted service pursuant to section 48.181 . . . Newberry was made on the Secretary of State pursuant to section 48.181, Florida Statutes (1991). . . . Section 48.181 provides that a nonresident who accepts the benefits of doing business in Florida appoints . . . In order to serve a nonresident pursuant to section 48.181, the complaint must allege specific facts . . . evidence presented at the hearing permits Rife to obtain jurisdiction over New-berry under section 48.181 . . .
. . . Neither respondent nor the consortium had notice of this action because Castle Pools used section 48.181 . . . court found that Castle Pools failed to strictly comply with the requirements of sections 48.161 and 48.181 . . .
. . . motion to vacate default, abate or dismiss action for lack of personal jurisdiction under sections 48.181 . . . to show how Intercarga and Ruiz were subject to the jurisdiction of a Florida court under sections 48.181 . . .
. . . association within Florida does not rise to the level of doing business in Florida for purposes of sections 48.181 . . . In the instant case, the flight attendants relied on sections 48.181(3) and 48.193(l)(b), Florida Statutes . . . Section 48.181(3) deems a person, firm or corporation to be engaged in substantial activities and conducting . . . of personal jurisdiction defeated the exercise of long-arm jurisdiction over TMA pursuant to section 48.181 . . .
. . . . § 48.181(1) (1991), which stated in pertinent part: • The acceptance by any person ... who is a resident . . . Manufacturers has established a prima facie case of perfecting substituted service under Fla.Stat. § 48.181 . . . Manufacturers perfected substituted service under Fla.Stat. 48.181(1) by using the procedure set forth . . .
. . . Ch. 48.193 controls, while the plaintiff cites Ch. 48.181. . . . Ch. 48.181 provides: Service on nonresident engaging in business in state (1)The acceptance by any person . . .
. . . On February 21, 1985, CommerceBank filed an amended complaint for nonpayment pursuant to section 48.181 . . . Pursuant to section 48.181, process was also served on the Secretary of State of Florida as a substitute . . . that it did not properly plead that Taylor was engaging in business in Florida as required by section 48.181 . . . To perfect service pursuant to section 48.181, the plaintiff is required to allege that the defendant . . . Section 48.181 describes what constitutes conducting business activities in Florida as “to operate, conduct . . .
. . . They all agree that service was attempted pursuant to § 48.161, Florida Statutes (1991) and § 48.181, . . . Section 48.181 is sometimes called the “long arm” statute. . . . Since no agent was appointed, Ru-thenberg had to proceed with substitute service pursuant to section 48.181 . . . allegation means that the appellants are not amenable to substituted service of process under section 48.181 . . .
. . . the company engaged in substantial business in Florida, jurisdiction lay pursuant to sections 48.081, 48.181 . . .
. . . We affirm the trial court’s finding of jurisdiction under section 48.181, Florida Statutes (1991), but . . .
. . . may invoke personal jurisdiction over a nonresident defendant by pleading either the language of § 48.181 . . . 499 (Fla.1989), or by alleging sufficient substantive facts to support personal jurisdiction under § 48.181 . . .
. . . Florida decisions under the closely related provisions of subsection 48.181(1), Florida Statutes (1989 . . . Canada, 391 So.2d 749 (Fla. 5th DCA 1980) (§ 48.181); see also Phillips v. . . .
. . . Section 48.181 required that a plaintiff demonstrate that the cause of action arose from doing business . . . that showed that Fibreboard products were utilized in Florida during the years of 1944-1946. .Section 48.181 . . .
. . . . § 48.181, Fla.Stat. (1989). . . .
. . . Statute § 48.181(3).” . . .
. . . jurisdiction and service of process that had been predicated on statutes amended by chapter 84-2 — sections 48.181 . . .
. . . . § 48.181(2) (1989). . . .
. . . subject it, as here, to substituted service of process through the Secretary of State under Section 48.181 . . .
. . . .-193(l)(a) and (g), 48.193(2), 48.181(1) and 48.181(3). . . . (1) or 48.181(3), and not from § 48.193. . . . (1) or § 48.181(3). . . . Proof of § 48.181(3) requires proof that (1) defendants sold, consigned, or leased personal property; . . . Defendants categorically state that Fla.Stat. 48.181(3) does not apply. . . .
. . . May 26, 1989, plaintiffs attempted to serve Nissan Ltd. with process pursuant to Sections 48.161 and 48.181 . . . Section 48.161, Florida Stat-Stat(1987), “Method of substituted service on nonresident,” and Section 48.181 . . . Agent For Process Consideration of this issue also requires that I review the application of Section 48.181 . . . “clearly proving that [defendant] was amenable to substituted service of process pursuant to F.S. § 48.181 . . . not alleged any facts which would support finding Nissan U.S.A. as Nissan, Ltd.’s agent under Section 48.181 . . .
. . . Stats. 48.181 (1987) and 48.193 (1988 Supp.), provide that any person, whether or not a citizen or resident . . .
. . . Rotex Int’l Corp., 355 So.2d 471 (Fla. 3d DCA 1978); §§ 48.181, 48.193(1)(a), Fla.Stat. (1987); see also . . .
. . . This court held that sections 48.181 and 48.193, Florida Statutes (1983) required connexity between the . . .
. . . Northwest apparently relied on section 48.181, Florida Statutes, rather than section 48.-193(l)(d). . . . Service of process pursuant to section 48.181, Florida Statutes, was not authorized. . . .
. . . plaintiffs maintain that the Mas-sicot defendants are subject to service of process in Florida under section 48.181 . . . business in the state, the party attempting to invoke the jurisdiction of the Florida courts under section 48.181 . . . Quoted in note 2, supra. .Section 48.181, Florida Statutes (1984), reads: Service on nonresident engaging . . . "Courts have held that section 48.181 (titled ‘Service on nonresident engaging in business in state’ . . .
. . . We hold the intent of the Legislature in enacting Florida Statute § 48.181, F.S.A. . . . Although DeVaney concerned section 48.181, it has been concluded that decisions as to what constitutes . . . doing business under section 48.181 should apply to section 48.193(1)(a). . . .
. . . Florida Statutes, in 1984, for long-arm jurisdiction to attach under either that enactment or section 48.181 . . .
. . . The court held that the requirements of doing business and connexity raised in section 48.181 must be . . . corporation not qualified to do business in the State of Florida, that the requirements of Florida Statute § 48.181 . . .
. . . without contradiction, that the only statutory basis for long-arm jurisdiction argued below was section 48.181 . . . The trial court concluded that it had personal jurisdiction of Georgia Bus under section 48.181, Florida . . . Before service may be effected under section 48.181, a plaintiff must allege sufficient facts that the . . . Georgia Bus that the trial court erred in sustaining personal jurisdiction over Georgia Bus under section 48.181 . . .
. . . jurisdiction of the courts of Florida under Florida’s long-arm jurisdiction statute, specifically sections 48.181 . . . court’s jurisdiction over a nonresident defendant by means of substituted service pursuant to section 48.181 . . . motion to dismiss that it conducts no business in the state, has no offices or agents in Florida, see § 48.181 . . . service of process made in accordance with section 48.161, Florida Statutes (1983), pursuant to section 48.181 . . . complaint after WCTU had made a prima facie showing that the jurisdiction asserted under both sections 48.181 . . .
. . . . § 48.181 (long-arm statute), as they have made an insufficient showing of Defendants doing business . . .
. . . McDaniel, 78 So.2d 100 (Fla.1955) and § 48.181(3), Fla.Stat. (1985). . . .
. . . and collecting payments on those mortgages does not subject appellant to jurisdiction under sections 48.181 . . . in that case was found to be “doing business” in Florida (under the statutory predecessor to section 48.181 . . .
. . . . §§ 48.161, 48.181 (1985). . . .
. . . The operative langauge of section 48.181(1) has been found to be identical to the language of section . . . Cases interpreting section 48.181(1) have been deemed to be applicable to section 48.193(l)(a). . . .
. . . Service of process as provided by s. 48.181, shall apply to limited partnerships organized under this . . .
. . . . § 48.181 (West 1969). . . .
. . . . §§ 48.181 and 48.193 were not applicable and that Seasafe Transport had no connection with Florida . . . Application of the 1984 Amendments In 1984, the Florida legislature amended Fla.Stat. §§ 48.081(5), 48.181 . . . is subject to Florida jurisdiction under Fla.Stat. §§ 48.181 and 48.-193 (1983) by virtue of “doing . . . Sections 48.181 and 48.193 (1983) required “connexity” in addition to the “doing business” requirement . . . Fla.Stat. § 48.181 (1983) (emphasis added). . . .
. . . contained in § 48.193(l)(a), as to which service through the secretary of state is also authorized by § 48.181 . . .
. . . We do this upon the authority of section 48.181, Florida Statutes (1983); section 48.193, Florida Statutes . . .
. . . The trial court relied on section 48.181, Florida Statutes (1983) and the requirement of “connexity.” . . . Section 48.181, Florida Statutes (1983) governs and this statute has been interpreted to contain a “connexity . . . because there jurisdiction was based upon section 48.193(l)(f)2, Florida Statutes (1981) and not section 48.181 . . . DAUKSCH, J., and BOARDMAN, E.F., Associate Judge, concur. . § 48.181(1), Fla.Stat. (1983) provides: ( . . .
. . . substituted service because it does not set forth all of the jurisdictional allegations required by section 48.181 . . . substituted service of process on any general partner in a limited partnership pursuant to section 48.181 . . . To meet the jurisdictional requirements of section 48.181, the plaintiff is required to allege that the . . .
. . . Both sections 48.181 and 48.193, Florida Statutes (1984), require that there be a “connexity” between . . . jurisdictional allegations of the complaint are not sufficient to invoke long-arm jurisdiction under sections 48.181 . . .