Let the Good Times Roll: How the New 2025 “Glitch Bill” Refines and Improves the Prior
Comprehensive Service of Process Legislation Sponsored by the Business Law Section
By: Zane W. Katz and James B. Murphy, Jr. 1
During the 2022 session, stemming from an initiative of a task force of the Business Law Section of The Florida Bar (the “Task Force”), the Florida Legislature passed S.B. 1062, subsequently codified as Chapter 2022-190, Laws of Florida. This lengthy and comprehensive legislation (the “2022 Legislation”) made major changes to the way in which original process, i.e. the summons and complaint required to initiate a civil lawsuit, is effectuated in proceedings in Florida state courts. The intent of the 2022 Legislation was to clarify, simplify and modernize the overly complex, sometimes duplicative, and often arcane methods and procedures for service of process set forth under the existing matrix of statutes. See Giacomo Bossa and James B. Murphy, Jr.,
Recent Legislative Changes to Service of Process: A New Ball Game?, 97 FLA. B.J. 39,
May/June 2023 (describing in detail the background, impetus, and substantive provisions of the 2022 Legislation).
The 2022 Legislation became effective on January 2, 2023. Thereafter, the Task Force
reviewed the developing case law that applied and interpreted the new statutory
provisions. In addition, it reached out to various interested parties, including process
servers, litigators, and the Florida Secretary of State’s office, which serves as the agent
for acceptance of substituted service of process in specified circumstances, to find out
their experience with the 2022 Legislation.
Following lengthy discussions in a series of meetings, the Task Force identified five
areas that needed to be addressed and drafted a “glitch bill” (the “Glitch Bill”) to do so.
During this year’s session, the Florida Legislature approved the Glitch Bill, SB 576/HB
157, which was then signed by Governor DeSantis on April 29, 2025, and codified as
Chapter 2025-13, Laws of Florida. This Article will explain each of the provisions of the
bill and how each addresses the issues identified by the Task Force.
1. Safe Harbor Provision
The first, and most pressing, issue identified by the Task Force arose from several
conflicting decisions relating to the applicability of the 2022 Legislation to pending
cases. While most courts routinely applied the 2022 Legislation to service of process
made after the legislation’s effective date, January 2, 2023, several federal trial court
decisions declined to apply the law to existing cases when the causes of action had
accrued prior to the legislation’s effective date, concluding that, at least in the absence
of an express intent, the statute could not be “retroactively” applied. These conflicting
decisions created a potential for confusion among practitioners and courts with respect
to which statutory scheme was applicable as well as the disquieting specter that, when defaults or default judgments had been entered, the courts might set them aside months or even years later if they decided that the wrong method of service had been used.
The Glitch Bill therefore created a “safe harbor” for any service of process made in
pending cases between January 2, 2023, and April 29, 2025, the date of the Governor’s
signature to the Glitch Bill. Under this provision, any service of process made during this
period is valid so long as it complies with the 2022 Legislation or with the provisions of
prior law that would have otherwise applied. Practitioners can locate these “safe harbor”
provisions in Section 5 of Chapter 2025-13, Laws of Florida.
2. Registered Office Hours Extended
A significant complaint that litigators and process servers raised in applying the 2022
Legislation was the difficulty in serving process on registered agents of small
businesses.
To address this, the Glitch Bill did two things. First, it extended the hours that registered
offices are required to be open, which is where service of process may be made on
registered agents. Florida Statute § 48.091 now requires registered offices to be open
on weekdays from 2:00p.m. to 4:00p.m., as well as from 10:00a.m. to 12:00 p.m. as
required under prior law. Secondly, it clarified that a registered agent who is an
individual can be served wherever they can be found in the same manner as any other
individual and that registered agents that are business entities may be served the same
way as other business entities.
3. Service of Process on Businesses in Receivership
While the 2022 Legislation clarified and broadened Florida Statute § 48.101 relating to
service of process on dissolved business entities, it did not address service of process
on active businesses that are in receivership, an omission that practitioners dealing with
receiverships raised with the Task Force. The Glitch Bill adds a provision to that statute
allowing service of process on active businesses in receivership to be effectuated by
serving the receiver.
4. Substituted Service Process
During its consultations with the office of the Secretary of State, the Task Force had
learned that summonses for substituted service were frequently filled out improperly,
listing the Secretary of State as the opposing party. In addition, the Secretary of State
was sometimes being inundated with later electronic filings of court papers, even though
it did not become a party to the case by accepting substituted service.
To address these issues, the Glitch Bill specified that a summons served on the
Secretary of State via substituted service should be directed to the opposing party
“c/o the Florida Secretary of State” and that the Secretary of State should not be served
with later court filings after substituted service is effectuated.
The Task Force also identified language in the 2022 version of Florida Statute § 48.161
that needed to be clarified, including specifying that due diligence in attempting to
personally serve the opposing party was always required before invoking substituted
service under the statute and more clearly setting forth the information required to be
included in the affidavit of compliance. The statute was further revised to conform with
decisions by Florida courts that substituted service under the statute is not effective
unless and until all the requirements of the statute are satisfied, including service on the
Secretary of State, providing notice to the opposing party, and filing the required affidavit
of compliance.
5. Long-Arm Statute
The final change addressed by the Glitch Bill involves Florida Statute § 48.181 — the
long-arm statute relating to service of process on nonresidents and persons who
conceal themselves in connection with their business activities in the state. The 2022
Legislation had attempted to simplify the wording of the statute to make it easier for
practitioners and courts to apply, but in doing so, had eliminated an express reference
to individual nonresidents who had previously been residents at the time when the
alleged wrongdoing had taken place. The Glitch Bill further revises this statute to ensure
that it covers these types of non-residents.
Conclusion
The Glitch Bill has two effective dates. To immediately address the problem of the
disparate case law relating to the application of the 2022 Legislation to pending cases,
which the Task Force considered to be urgent, the safe harbor provisions became
effective immediately upon the bill becoming a law – on April 29, 2025. The remainder
of the Glitch Bill will become effective October 1, 2025.
The Glitch Bill makes several important revisions and improvements to the
comprehensive 2022 Legislation relating to service of process, which was intended to
simplify, clarify and modernize this area of the law. Florida attorneys – especially those
representing, or litigating against, businesses in the courts of this state – should review
these changes carefully.
1 Mr. Katz and Mr. Murphy are members of the BLS Chapter 48 Task Force. Mr. Murphy served as a co-chair of the group.
