Florida Statute 48.111 | Lawyer Caselaw & Research

The 2024 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) 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.

Note.—Former ss. 47.20, 47.21.

F.S. 48.111 on Google Scholar

F.S. 48.111 on Casetext

Amendments to 48.111

Arrestable Offenses / Crimes under Fla. Stat. 48.111

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.111.

Annotations, Discussions, Cases:

Cases Citing Statute 48.111

Total Results: 18

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-04T00:53:00-07:00

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

In Re: Amendments to the Florida Rules of Civil Procedure - 2019 Regular-Cycle Report

Court: Fla. | Date Filed: 2020-04-16T00:53:00-07:00

Snippet: corporation), 48.101 (service on dissolved corporations), 48.111 (service on public agencies or officers), 48.121…1.902 to the statutory requirements of sections 48.111, 48.121, and 768.28, Florida Statutes. The form

MD v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-28T00:53:00-07:00

Citation: 65 So. 3d 563

Snippet: leave. See Florida v. Bostick, 501 U.S. 429, 437-48, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991); California

M.D. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-28T00:00:00-07:00

Citation: 65 So. 3d 563, 2011 Fla. App. LEXIS 10046

Snippet: leave. See Florida v. Bostick, 501 U.S. 429, 437-48, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991); California

In Re Amendments to Rules of Civ. Procedure

Court: Fla. | Date Filed: 2007-09-27T00:53:00-07:00

Citation: 966 So. 2d 943

Snippet: 1.140 to the statutory requirements of sections 48.111, 48.121, and 768.28, Florida Statutes. The rule…48.101 (service on dissolved corporations), *956 48.111 (service on public agencies or officers), 48.121…1.902 to the statutory requirements of sections 48.111, 48.121, and 768.28, Florida Statutes. The form

CITY OF SWEETWATER FLORIDA v. St. Germain

Court: Fla. Dist. Ct. App. | Date Filed: 2006-11-14T23:53:00-08:00

Citation: 943 So. 2d 259

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

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

Court: Fla. | Date Filed: 2004-02-05T00:00:00-08:00

Citation: 865 So. 2d 1278

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

Amendments to the Florida Rules of Civil Procedure

Court: Fla. | Date Filed: 2003-10-23T00:00:00-07:00

Citation: 858 So. 2d 1013, 28 Fla. L. Weekly Supp. 797, 2003 Fla. LEXIS 1779, 2003 WL 22410375

Snippet: corporation), 48.101 (service on dissolved corporations), 48.111 (service on public agencies or officers), 48.121

Amendments to the Florida Rules of Civil Procedure

Court: Fla. | Date Filed: 2000-10-05T00:00:00-07:00

Citation: 773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Snippet: corporation), 48.101 (service on dissolved corporations), 48.111 (service on public agencies or officers), 48.121

In Re Amend. to Fla. Rules of Civ. Proc.

Court: Fla. | Date Filed: 1996-10-30T23:53:00-08:00

Citation: 682 So. 2d 105

Snippet: corporation), 48.101 (service on dissolved corporations), 48.111 *132 (service on public agencies or officers),

Florida City Police Dept. v. Corcoran

Court: Fla. Dist. Ct. App. | Date Filed: 1995-10-18T00:00:00-07:00

Citation: 661 So. 2d 409

Snippet: the city officials designated in subsection *411 48.111(1), Florida Statutes (1993).[1] The default must…process on the City in accordance with subsection 48.111(1), Florida Statutes. Reversed and remanded with

In Re Amendments to Fla. Rules Civ. Proc.

Court: Fla. | Date Filed: 1992-07-16T00:53:00-07:00

Citation: 604 So. 2d 1110

Snippet: § 48.101 (service on dissolved corporations), § 48.111 (service on public agencies or officers), § 48.121

In Re Amendments to Rules of Civ. Proc.

Court: Fla. | Date Filed: 1988-12-29T23:53:00-08:00

Citation: 536 So. 2d 974

Snippet: § 48.101 (service on dissolved corporations), § 48.111 (service on public agencies or officers), § 48.121

City of Homestead v. Chester

Court: Fla. Dist. Ct. App. | Date Filed: 1984-09-11T00:00:00-07:00

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

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

Nieboer v. T. L.

Court: Fla. Dist. Ct. App. | Date Filed: 1981-02-11T00:00:00-08:00

Citation: 394 So. 2d 163, 1981 Fla. App. LEXIS 19507

Snippet: the Department’s motion to dismiss. *164Section 48.111, Florida Statutes, establishes the method for service

City of Hialeah v. Carroll

Court: Fla. Dist. Ct. App. | Date Filed: 1976-01-12T23:53:00-08:00

Citation: 324 So. 2d 639

Snippet: The controlling statute is § 48.111, Fla. Stat., which provides: "48.111 Service on public agencies…served." It is clear from the language of § 48.111, supra, that the persons mentioned in the return… in effect until 1967,[1] the requirements of § 48.111 are not met by asserting the absence of the mayor… absence of any of the officials specified in § 48.111, Fla. Stat., supra. Due to the insufficient service

Smith v. Town of Bithlo

Court: Fla. Dist. Ct. App. | Date Filed: 1975-06-06T00:00:00-07:00

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

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

Broward County Health Department v. Martin

Court: Fla. Dist. Ct. App. | Date Filed: 1975-01-10T00:00:00-08:00

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

Snippet: on public agencies and officers is § 48.111, F.S.A. Section 48.111(1) (a), F.S.A., reads as follows: “(…other head thereof; and in his absence; . Section 48.111(2), F.S.A. provides: “(2) Process against any public…commission or department.” It is obvious that § 48.111(1) (a) provides a proper manner of effectuating…commission by serving the chairman. *222Section 48.111(2) would be applicable only if the Broward County…governing commission; thus, the majority reliance on § 48.111(2) is misplaced. It is my view that service of