In 2022, Florida passed S.B. 1062, a groundbreaking legislation that reshaped the way legal documents are served in the state. As a leading process serving firm, we want to ensure you understand the impact of S.B. 1062 and how it simplifies, modernizes, and streamlines the service of process in Florida.
What is S.B. 1062?
S.B. 1062, effective from January 2, 2023, simplifies, clarifies, and modernizes service of process procedures in Florida. It’s a game-changer for legal practitioners and anyone involved in legal proceedings. Let’s dive into the key changes and how they benefit you.
Key Provisions of S.B. 1062
Service of Process on Business Entities
Under S.B. 1062, serving legal documents on business entities becomes more efficient. It introduces a three-layered approach:
- Service on the registered agent.
- If that fails, service on the entity’s representatives.
- As a last resort, service on the secretary of state or electronic service.
The First Level — The Registered Agent
Efficient service starts with the registered agent. Only one good-faith attempt is required, ensuring timely notification without delays.
The Second Level — The Representatives
If the registered agent can’t be served, representatives step in. This varies by entity type, but personal service on other representatives is allowed if the first attempt fails.
The Third Level — Substituted Service
S.B. 1062 clarifies substituted service, allowing electronic filing and communication. Service can be conducted by certified process servers, ensuring prompt action.
Alternative Methods of Service
When due diligence fails, S.B. 1062 introduces alternative methods like email or electronic means, court-approved and conducted by professionals, making service more accessible and efficient.
Service of Process in Foreign Countries
S.B. 1062 extends to international service, providing multiple options. From internationally agreed means to court-approved electronic service, it streamlines the process, ensuring effective notice.
Constructive Service of Process
For eviction and unlawful detainer actions, S.B. 1062 allows constructive service on unknown parties in possession. It eliminates delays, ensuring a smoother process.
Service by Publication in Paternity Actions
S.B. 1062 promotes fairness by allowing service by publication on absent mothers in paternity actions, ensuring equal treatment for all parties.
Service of Pre-Suit Notices in Medical Malpractice Actions
Amendments in S.B. 1062 expand the ways to serve pre-suit notices in medical malpractice actions, making it more flexible, efficient, and in line with modern communication methods.
How We Can Help
At 360 Legal, we specialize in service of process in the ever-evolving legal landscape of Florida. With a deep understanding of S.B. 1062 and its implications, we ensure your legal documents are served efficiently, meeting all the new legal requirements.
Roadblocks Serving the Sunshine State’s Entities
Traditional business service forced process servers into lengthy attempts:
Office Access Headaches
Receptionists deny entry, restricted floors impede direct service, and office closures/remote work complicate in-person delivery.
Agent Avoidance
Registered agents purposely delay accepting, falsely claim unawareness, or reroute servers to comply later.
Although there may be roadblocks to service of process, our servers consistently go above and beyond, boasting an impressive track record of successful and reliable delivery.
Florida’s Soaring Company registrations
220,000+ new entities formed yearly and growing. Modern service laws align with how companies actually operate.
SB 1062 Unlocks Electronic Business Service
Florida Senate Bill 1062 enables serving legal documents to entities electronically through registered agents.
Email Service
Statutorily permitted for LLCs, Corporations and partnerships when consented to in their formation documents.
State Business Portal
Uploading service documents to centralized Florida department of State business dashboard.
Department of State Dashboard Serves Non-Profits
Nearly 100,000 Florida nonprofits also struggle with out-of-date in-person service rules clashing against remote work trends. SB 1062 modernizes nonprofit service through State department profiles.
Non-Compliance Headaches
Attempting service without clear contacts or directions to current physical offices risks improper delivery claims.
Verify Nonprofit Service Online
360 Legal uploads documents directly into updated nonprofit dashboards to certify compliant, trackable service.
Utilize Alternative Contacts
Legally serving relatives/employers bolsters service success when defendants purposely hide.
FAQs
1. What entity types can use the new service methods?
Florida LLCs, Corporations, Partnerships, and certain trusts qualify currently under SB 1062 updates.
2. How much does business entity e-service cost?
With no wasted agency hours, transparent flat rates for email and portal service beat old process server invoices.
3. How does our technology integrate with state systems?
Secure data protocols transfer files directly into entity profiles with logged acknowledgment.
4. We Serve All Defendants – Anywhere
Expanding beyond registered entities, 360 Legal leverages nationwide databases to pinpoint any evasive defendant’s current address for electronic service.
5. Can we import service documents in batches?
Yes,bulk uploads help firms serve high volumes faster with fewer processing steps.
6. What proof of service does your platform provide?
We furnish court-ready affidavits, delivery receipts, and audit trails documenting statutory email and portal service compliance.
Embrace Modern Business Legal Service
Stop getting the runaround serving Florida’s booming registered entities. 360 Legal offers court-valid service technology compliant under new electronic service laws.
Get started serving smarter today through our secure portal.
Expanded Agent Addresses
Increased registered office locations beyond just one primary street address. Contact Us Today
Don’t let the complexities of legal service of process hold you back. Contact us today, and let our expert team handle your service needs, keeping you ahead of the game.
