Service of Process against an out of state partnership

Let’s say that you have a tenant, that is a partnership, and they are in default of their lease.  The tenant has an office manager in the office, however, the partnership is a Georgia partnership.  The Georgia partnership has a Florida office in Sarasota. You need to serve an eviction notice.

Under Florida Statute 48.071 ” Service on agents of nonresidents doing business in the state”, even though the partnership is a Georgia Partnership, the process server may serve an agent of the partnership and execute the Service in Florida.

An extra step is required in this scenario.  That is after we serve the “agent” (maybe there’s a receptionist in the office?)  in their Jacksonville office, a copy has to be sent to the partnership (or individual).  That copy has to be sent return receipt, Registered US Mail.

48.071 Service on agents of nonresidents doing business in the state.—When any natural person or partnership not residing or having a principal place of business in this state engages in business in this state, process may be served on the person who is in charge of any business in which the defendant is engaged within this state at the time of service, including agents soliciting orders for goods, wares, merchandise or services. Any process so served is as valid as if served personally on the nonresident person or partnership engaging in business in this state in any action against the person or partnership arising out of such business. A copy of such process with a notice of service on the person in charge of such business shall be sent forthwith to the nonresident person or partnership by registered or certified mail, return receipt requested. An affidavit of compliance with this section shall be filed before the return day or within such further time as the court may allow.”

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