On February 17, 2017, in Green Emerald Homes v. Nationstar Mortgage LLC, No. 2D16-2552, the Florida Second DCA held that Fla. Stat. 605.0117, which governs service of process on a limited liability company (LLC) and authorizes substitute service of process on the Florida Secretary of State when service cannot be made directly on the LLC, does not excuse a party from additionally complying with the notice requirements under Fla. Stat. 48.161(1). The appellant maintained that the appellee, who had used substitute service under Fla. Stat. 605.0117 to serve the appellant, failed to comply with Fla. Stat. 161(1) because it failed to mail the process through certified or registered mail, file the return receipt, and submit an affidavit of compliance, as required by 48.161(1). The appellee claimed that newly enacted Fla. Stat. 605.0017 provides a completely independent method of obtaining service and compliance with Fla. Stat. 161(1) is no longer required. The Second DCA reversed the trial court’s ruling denying the appellant’s motion to quash service.
