As imposing as the term “statutory agent” (also known as a resident agent or registered agent) sounds, it’s really nothing more than a party that has been designated to act on behalf of some business entity, e.g.individuals, corporations, or labor unions. Often when service of process is made it is necessary to direct that service to a legally designated statutory agent for that business entity. Considering what can be included under the umbrella of ‘business entity’ there are also a number of ways in which process needs to be served depending on who/what the intended recipient is.
The first scenario is where the court has designated some public officer, board, agency, or commission to act in the capacity of a statutory agent for either an individual, a corporation or a firm. In this case, a copy of the process will be delivered to whatever public entity has been designated as the statutory agent. The statutory agent that accepted the service of process will send out a notice verifying their receipt of the service, including the date on which the process
was sent on to the party being served. Keep in mind that having an accurate date is critical since the timeframe during which any pleadings may occur is calculated using this date. The statutory agent will retain a copy of that process for their records, and send the process that was served by either certified or registered mail to the party who/which is the ultimate target of the legal action.
As a quick aside, when retention of a copy of the service of process is mandated by this statute, it can be in the form of a hard copy (paper) or electronic; either is acceptable. By the way, be advised that the above procedures do not apply if the end recipient of the process will be a non-resident. Service of process to nonresidents is covered by a separate Florida statute and will be addressed in the next article. Another facet of this statute involves the service of process on parties authorized to conduct insurance transactions in the state of Florida. In this case, the Chief Financial Officer, their assistant, deputy or some other person in charge of the office is considered to be the agent. So specifically what types of insurers are included? The list is tedious, to be sure, but important to
include nonetheless in order to illustrate the broad spectrum of parties covered under this statute.
● Any party applying for the authority to do insurance transactions
● Licensed nonresident insurance agents
● Nonresident disability insurers defined under FS 626.835
● Any authorized insurer defined under FS 626.906 or 626.937
● Domestic reciprocal insurers
● Fraternal benefit societies defined under FS 632
● Warranty associations defined by FS 634
● Prepaid health insurance organizations defined by FS 636
● All other persons defined under FS 628.461
This same section of the statute also states that the Department of Financial Services is empowered to set up an Internet-based system to accept service of process. So, a lot has been covered – is that it for this statute? Not quite. In closing, this statute ties up a few loose ends, the first being If an insurer in question is involved with investments or securities. In such a case, the statutory agent for such an insurer becomes the Director of the Office of Financial Regulation of the Financial Services Commission. If the business entity being served is a retailer, dealer or vendor and they have not designated an agent, then the Secretary of State steps in as the statutory agent.
48.151 Service on statutory agents for certain persons.—
(1) When any law designates a public officer, board, agency, or commission as the agent for service of process on any person, firm, or corporation, service of process thereunder shall be made by leaving one copy of the process with the public officer, board, agency, or commission or in the office thereof, or by mailing one copy to the public officer, board, agency, or commission. The public officer, board, agency, or commission so served shall retain a record copy and promptly send the copy served, by registered or certified mail, to the person to be served as shown by his or her or its records. Proof of service on the public officer, board, agency, or commission shall be by a notice accepting the process which shall be issued by the public officer, board, agency, or commission promptly after service and filed in the court issuing the process. The notice accepting service shall state the date upon which the copy of the process was mailed by the public officer, board, agency, or commission to the person being
served and the time for pleading prescribed by the rules of procedure shall run from this date.
The service is valid service for all purposes on the person for whom the public officer, board, agency, or commission is statutory agent for service of process.
(2) This section does not apply to substituted service of process on nonresidents.
(3) The Chief Financial Officer or his or her assistant or deputy or another person in charge of the office is the agent for service of process on all insurers applying for authority to transact insurance in this state, all licensed nonresident insurance agents, all nonresident disability insurance agents licensed pursuant to s. 626.835, any unauthorized insurer under s. 626.906 or s. 626.937, domestic reciprocal insurers, fraternal benefit societies under chapter 632, warranty
associations under chapter 634, prepaid limited health service organizations under chapter 636, and persons required to file statements under s. 628.461. As an alternative to service of process made by mail or personal service on the Chief Financial Officer, on his or her assistant or deputy, or on another person in charge of the office, the Department of Financial Services may create an Internet-based transmission system to accept service of process by electronic
transmission of documents.
(4) The Director of the Office of Financial Regulation of the Financial Services Commission is the agent for service of process for any issuer as defined in s. 517.021, or any dealer, investment adviser, or associated person registered with that office, for any violation of any provision of chapter 517.
(5) The Secretary of State is the agent for service of process for any retailer, dealer or vendor who has failed to designate an agent for service of process as required under s. 212.151 for violations of chapter 212.
(6) For purposes of this section, records may be retained as paper or electronic copies.
