1(1) Process against any municipal corporation, agency, board, or commission, department, or subdivision of the state or any county which has a governing board, council, or commission or which is a body corporate shall be served:
(a) On the registered agent; or
(b) If the municipal corporation, agency, board, or commission, department, or subdivision of the state does not have a registered agent, or if the registered agent cannot otherwise be served after one good faith attempt:
1. On the president, mayor, chair, or other head thereof; and in the absence of all persons listed in this subparagraph;
2. On the vice president, vice mayor, or vice chair; and in the absence of all persons listed in subparagraph 1. and this subparagraph;
3. On any member of the governing board, council, or commission, the manager of the governmental entity, if any, or an in-house attorney for the governmental entity, if any; and in the absence of all the persons listed in subparagraph 1., subparagraph 2., and this subparagraph;
4. On any employee of the governmental entity at the main office of the governmental entity.
(2) Process against any public agency, board, commission, or department not a body corporate or having a governing board or commission shall be served on the public officer being sued or the chief executive officer of the agency, board, commission, or department.
(3) In any suit in which the Department of Revenue or its successor is a party, process against the department shall be served on the executive director of the department. This procedure is to be in lieu of any other provision of general law, and shall designate said department to be the only state agency or department to be so served.
History.—ss. 1, 2, ch. 3242, 1881; RS 581, 1021, 1022; GS 774, 1408, 1409; RGS 1494, 2606, 2607; CGL 2203, 4253, 4254; s. 4, ch. 67-254; s. 1, ch. 73-73; s. 8, ch. 83-216; s. 274, ch. 95-147; s. 9, ch. 2022-190.
“(1) The amendments made to chapter 48, Florida Statutes, by chapter 2022-190, Laws of Florida, apply to causes of action that accrued on or after January 2, 2023, and to all causes of action that accrued before January 2, 2023, for which service of process was effectuated on or after January 2, 2023.
“(2) Notwithstanding subsection (1), any service of process that occurred between January 2, 2023, and October 1, 2025, which has not been invalidated by a court, is valid if such service complied with either chapter 48, Florida Statutes, as amended by chapter 2022-190, Laws of Florida, or the laws governing service of process in effect before January 2, 2023, which would have applied in the absence of chapter 2022-190, Laws of Florida.
“(3) The amendments made by this act apply to all service of process made or effectuated on or after October 1, 2025, regardless of whether the cause of action accrued before, on, or after October 1, 2025.
“(4) This section does not extend or modify the time for challenging the validity of any service of process and does not revive any ability to challenge the validity of service of process which has previously been waived.”
...be issued." Section 48.031(1)(a), Florida Statutes (2002), states that "[s]ervice of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading." (Emphasis added.) Section 48.111(2), Florida Statutes (2002), provides that "[p]rocess against any public agency, board, commission, or department not a body corporate ......
Cited 15 times | Published | Supreme Court of Florida | 1992 WL 163953
...mons, including service under Florida Statutes § sections 48.061 (service on partnership), § 48.071 (service on agents of nonresidents doing business in the state), § 48.081 (service on corporation), § 48.101 (service on dissolved corporations), § 48.111 (service on public agencies or officers), § 48.121 (service on the state), § 48.131 (service on alien property custodian), § 48.141 (service on labor unions), § 48.151 (service on statutory agents for certain purposes), Florida Statutes...
Cited 9 times | Published | Supreme Court of Florida
...The former, general summons form is to be used for all other service by summons, including service under Florida Statutes § 48.061 (service on partnership), § 48.071 (service on agents of nonresidents doing business in the state), § 48.081 (service on corporation), § 48.101 (service on dissolved corporations), § 48.111 (service on public agencies or officers), § 48.121 (service on the state), § 48.131 (service on alien property custodian), § 48.141 (service on labor unions), § 48.151 (service on statutory agents for certain purposes), and all statutes providing for substituted service on the Secretary of State....
...to enforce Sarasota County's zoning regulations with respect to property of the Debtor, and shall not otherwise operate as an injunction against any action by Sarasota County to enforce any county or state law or regulation. NOTES [1] See Fla.Stat. § 48.111.
Cited 2 times | Published | Florida 3rd District Court of Appeal
...The return attached to the summons addressed to the City of Hialeah, reflects that the summons was served on the City by serving the city judge in the absence of the mayor, recorder, alderman, or other equivalent officer. The controlling statute is § 48.111, Fla. Stat., which provides: "48.111 Service on public agencies and officers....
...rved on the executive director of the department. This procedure is to be in lieu of any other provision of general law, and shall designate said department to be the only state agency or department to be so served." It is clear from the language of § 48.111, supra, that the persons mentioned in the return and the person actually served, the city judge, are not the proper recipients of service of process. Although service on those officials would have been proper under § 47.20, Fla. Stat. which was in effect until 1967, [1] the requirements of § 48.111 are not met by asserting the absence of the mayor, recorder, alderman, or other equivalent officer and serving the city judge. *641 The service of process on Chester Webb in his official capacity was also deficient in that the return of service of process reflects service made on the city clerk without asserting the absence of any of the officials specified in § 48.111, Fla....
Cited 1 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3302533
...be issued." Section 48.031(1)(a), Florida Statutes (2002), states that "[s]ervice of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading." (Emphasis added.) Section 48.111(2), Florida Statutes (2002), provides that "[p]rocess against any public agency, board, commission, or department not a body corporate ....
...uires that “process against any public agency, board, commission, or department not a body corporate ... shall be served on the public officer being sued or the chief executive officer of the agency, board, commission, or department.” Fla. Stat. § 48.111 (2) (2002)....
...She did not do it because the record shows that Plaintiff served the Summons and the Complaint upon ThorpeMcKinnon. It is undisputed that ThorpeMcKinnon is neither a party to this case nor a DCF’ executive officer. 3 Plaintiff commenced a civil action against the DCF and pursuant to Fla. Stat. § 48.111 (2) Plaintiff was required to serve the Summons and the Complaint on the DCF’s chief executive officer....
...he court of personal jurisdiction and requires a dismissal. See, Fla. Dep’t of Children & Families v. Sun-Sentinel, Inc., 865 So.2d 1278, 1286 (Fla. 2004) (dismissing action against the DCF for failure to comply with proper service pursuant to § 48.111(2))....
...the Court lacks personal jurisdiction over the Defendant and dismiss the instant action. The dismissal is without prejudice to Plaintiffs opportunity to refile her complaint and properly serve defendant pursuant to Fed. R.Civ.P. 4(e) and Fla. Stat. § 48.111 (2)....
...Service issues As a threshold matter, the State Defendants argue that service of this action was not perfected in a timely manner. Florida law requires that process against any public commission "shall be served on the public officer being sued or the chief executive officer of the . . . commission." Fla. Stat. § 48.111(2)....
...Civ.P. Under Federal Rule of Civil Procedure 4(d)(6), service upon a state or municipal corporation is either by delivery of a copy of the summons and complaint to the chief executive officer or in the manner prescribed by state law. Florida Statute § 48.111, which applies to service on public agencies and officers, does not require any specific means of service of process....
...Jackson states it received the notice on October 17,
2016, as attested in the affidavit of Yolanda Avril, Jackson’s liability claims
manager.
On November 13, 2016, plaintiff tried for the first time to serve Jackson
with the complaint. Plaintiff, however, did not serve the head of the agency
as required by section 48.111 and section 768.28(7), Florida Statutes, thus
service on Jackson was improper....
