Florida House Bill 157 is quite significant to those who serve as a registered agent for a company – like myself. Kistemaker Business Law Group is served on behalf of companies – contractors, vendors and the like. Being knowledgeable about the ever-changing laws regarding service of process is very important and why we recommend to our clients we serve as their registered agent.
Florida House Bill 157 (2025), was signed into law by Governor Ron DeSantis this May 1 and introduces significant reforms to our state’s service of process laws, aiming to modernize and clarify procedures for delivering legal documents to entities and individuals involved in lawsuits.
Key Provisions of HB 157
- Expanded Service Methods: The law authorizes service of process by personally serving a receiver for specified domestic entities in receivership during the pendency of the receivership. This provision ensures that legal proceedings can continue smoothly even when a company is under court-appointed management.
- Substituted Service via Secretary of State: HB 157 permits substituted service of process to be issued in the name of the party to be served, in care of the Florida Secretary of State (SOS), under certain circumstances. This method is particularly useful when an individual or business entity is a nonresident or conceals their whereabouts, and due diligence has been exercised to locate them.
- Clarification of Registered Agent Responsibilities: The legislation expands the hours during which registered agents are required to keep their designated registered office open, ensuring greater availability for service of process. It also specifies that certain registered agents may be served process in a specified manner, providing clarity and consistency in legal procedures.
The enactment of HB 157 is noteworthy for several reasons:
- Legal Efficiency: By clarifying and expanding the methods of service, the law reduces delays in legal proceedings caused by difficulties in serving parties.
- Business Implications: For businesses, especially those undergoing receivership, the law ensures that legal notices and documents are properly served, maintaining the continuity of legal processes and protecting the interests of all stakeholders.
- Adaptation to Modern Realities: The provisions acknowledge the complexities of serving parties with consideration of today’s mobile and digital society, whereas traditional methods may no longer always be effective.
Florida House Bill 157 represents a proactive step in updating the state’s legal framework to address contemporary challenges in the service of process. By providing clearer guidelines and expanding service options, the law enhances the administration of justice and reflects a commitment to legal modernization.
For further information, please contact Kistemaker Business Law Group at (386) 310-7997.