Esquire Process Servicing

Serving Partnerships and Unincorporated Businesses in Florida

Florida section 48.061, partnership-related recipients and why LLCs, corporations and sole proprietors require separate analysis.

When a defendant operates as a general partnership, limited partnership, unincorporated association or sole proprietorship, identifying the legal form is essential. Florida Statutes section 48.061 addresses service on partnerships and limited partnerships; other statutes address corporations, LLCs and individuals.

Why the business form matters

A partnership name may appear on signage, contracts or filings even though the case is against particular partners or a separately organized legal entity. Before service, confirm whether the complaint names a partnership, an individual, a corporation, an LLC or several distinct defendants. One delivery should not be assumed to serve every named person or entity.

Partnerships and limited partnerships

Section 48.061 sets out designated methods for serving partnerships and limited partnerships. Recipients and any substitute or fallback requirements depend on the actual business form and the statute’s current language. Counsel should identify the eligible partner, agent or other specified recipient before the field attempt.

Sole proprietors follow different rules

A sole proprietorship is not automatically served like an LLC or a corporation. The individual-service methods in section 48.031Opens on another website., including the conditional sole-proprietor business-site provision in subsection (2)(b), may be relevant. That particular route has prior-attempt requirements; delivering to any shop employee without the statutory conditions is not a safe substitute.

Registered offices and entity records

A business address can be useful for locating a manager, partner or registered recipient, but a mailing address or location of operations is not conclusive proof of who may accept process. Confirm entity searches and any current filing with the Florida Division of Corporations or other applicable regulator.

Common assignment pitfalls

Treating a partnership as a corporation and relying on the wrong section.
Assuming an LLC member is automatically an authorized recipient under partnership law.
Serving a trade name when the exact legal party has not been identified.
Mistaking a business’s central mailing address for an authorized service location.

Practical information to give Esquire

The name of the case and court, case number, document type, and party or witness to be served.
The complete issued document package, correct address, recipient information, and any court orders.
What attempts have already occurred and whether the client has requested special handling.
Counsel’s applicable deadline, with the expected method and filing responsibility clearly identified.

Official sources and related resources

2026 Fla. Stat. § 48.061 — partnershipsOpens on another website in a new tab. · 2026 Fla. Stat. § 48.031 — persons and sole proprietorshipOpens on another website in a new tab. · Florida Division of Corporations searchOpens on another website in a new tab.

Business-entity service · Secretary of State service

Source review: November 9, 2026, using the cited 2026 Florida Statutes. Check any later amendment, procedural court rule, judicial order, and county-specific requirement for the matter.

Esquire Process Servicing is not a law firm. This resource provides general information, not legal advice or a determination that any attempted method is sufficient. Counsel is responsible for legal conclusions and deadlines. Submit your assignment or contact our team to discuss coordination. Scheduling, acceptance, scope and pricing are confirmed separately.

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