Florida Statute 48.111 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

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F.S. 48.111

48.111 Service on public agencies and officers.—

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.

¹Note.—Section 5, ch. 2025-13, provides:

“(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.”

Note.—Former ss. 47.20, 47.21.

F.S. 48.111 on Google Scholar

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Amendments to 48.111

Annotations, Discussions, Cases:

Cases Citing Statute 48.111

Total Results: 13

Florida Department of Children and Families v. Sun-Sentinel, Inc.

865 So. 2d 1278, 29 Fla. L. Weekly Supp. 55, 2004 Fla. LEXIS 161, 2004 WL 212456

Supreme Court of Florida | Filed: Feb 5, 2004 | Docket: 1232153

Cited 22 times | Published

other initial pleading." (Emphasis added.) Section 48.111(2), Florida Statutes (2002), provides that

In Re Amendments to Fla. Rules Civ. Proc.

604 So. 2d 1110, 1992 WL 163953

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1686576

Cited 15 times | Published

§ 48.101 (service on dissolved corporations), § 48.111 (service on public agencies or officers), § 48

In Re Amendments to Rules of Civ. Proc.

536 So. 2d 974

Supreme Court of Florida | Filed: Dec 30, 1988 | Docket: 1759905

Cited 9 times | Published

§ 48.101 (service on dissolved corporations), § 48.111 (service on public agencies or officers), § 48

In Re Union Golf of Florida, Inc.

242 B.R. 51, 13 Fla. L. Weekly Fed. B 35, 1998 Bankr. LEXIS 1907, 1998 WL 1168024

United States Bankruptcy Court, M.D. Florida | Filed: Feb 12, 1998 | Docket: 1451589

Cited 3 times | Published

state law or regulation. NOTES [1] See Fla.Stat. § 48.111.

City of Hialeah v. Carroll

324 So. 2d 639

District Court of Appeal of Florida | Filed: Jan 13, 1976 | Docket: 1672262

Cited 2 times | Published

equivalent officer. The controlling statute is § 48.111, Fla. Stat., which provides: "48.111 Service on

CITY OF SWEETWATER FLORIDA v. St. Germain

943 So. 2d 259, 2006 WL 3302533

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 1526842

Cited 1 times | Published

other initial pleading." (Emphasis added.) Section 48.111(2), Florida Statutes (2002), provides that

CRAIG SIMMONS v. PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY

District Court of Appeal of Florida | Filed: May 4, 2022 | Docket: 63285669

Published

serve the head of the agency as required by section 48.111 and section 768.28(7), Florida Statutes, thus

Bloom v. Miami-Dade County

816 F. Supp. 2d 1265, 2011 U.S. Dist. LEXIS 105255, 2011 WL 4352386

District Court, S.D. Florida | Filed: Sep 16, 2011 | Docket: 1748148

Published

executive officer of the . . . commission." Fla. Stat. § 48.111(2). Defendant Florida Fish & Wildlife Conservation

Kelly v. Florida

233 F.R.D. 632, 2005 U.S. Dist. LEXIS 41158, 2005 WL 3199675

District Court, S.D. Florida | Filed: Sep 25, 2005 | Docket: 66026102

Published

board, commission, or department.” Fla. Stat. § 48.111(2) (2002). The statutory method of service is

Middleton v. City of Lakeland

830 F. Supp. 1449, 27 Fed. R. Serv. 3d 601, 1993 U.S. Dist. LEXIS 12933, 1993 WL 370568

District Court, M.D. Florida | Filed: Sep 15, 1993 | Docket: 65986241

Published

manner prescribed by state law. Florida Statute § 48.111, which applies to service on public agencies and

City of Homestead v. Chester

455 So. 2d 613, 1984 Fla. App. LEXIS 14826

District Court of Appeal of Florida | Filed: Sep 11, 1984 | Docket: 64606721

Published

PER CURIAM. Affirmed. § 48.111(l)(a), Fla.Stat. (1983); Baynard v. Windom, 63 So.2d 773 (Fla.1952).

Smith v. Town of Bithlo

314 So. 2d 212, 1975 Fla. App. LEXIS 13717

District Court of Appeal of Florida | Filed: Jun 6, 1975 | Docket: 64547217

Published

our opinion that service was valid via Fla.Stat. § 48.111(3) (1973) and Fla.Stat. § 49.021 (1973). Thus

Broward County Health Department v. Martin

307 So. 2d 220, 1975 Fla. App. LEXIS 14595

District Court of Appeal of Florida | Filed: Jan 10, 1975 | Docket: 64544065

Published

on public agencies and officers is § 48.111, F.S.A. Section 48.111(1) (a), F.S.A., reads as follows: “(1)