The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

B. BLOOM v. MIAMI- DADE COUNTY, a S. P. C. A. W. Jr., 816 F. Supp. 2d 1265 (S.D. Fla. 2011)

. . . . § 48.111(2). . . .

ABELE, v. CITY OF BROOKSVILLE,, 273 F. App'x 809 (11th Cir. 2008)

. . . . § 48.111. Florida courts require that the statutory method of service be strictly followed. . . . establish that the Interim Acting City Manager was a proper recipient of service of process under F.S.A. § 48.111 . . . Fed.R.Civ.P. 4(j)(2); F.S.A. § 48.111. . . . . § 48.111 or a statement that the Interim Acting City Manager is a proper recipient in the absence of . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 966 So. 2d 943 (Fla. 2007)

. . . Subdivision (a) is amended to conform rule 1.140 to the statutory requirements of sections 48.111, 48.121 . . . business in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 . . . Subdivision (a) is amended to conform form 1.902 to the statutory requirements of sections 48.111, 48.121 . . .

E. KELLY, v. FLORIDA,, 233 F. App'x 883 (11th Cir. 2007)

. . . . § 48.111(2). . . . Stat. § 48.111(2). . . .

CITY OF SWEETWATER FLORIDA, a v. B. ST. GERMAIN, 943 So. 2d 259 (Fla. Dist. Ct. App. 2006)

. . . Section 48.111(2), Florida Statutes (2002), provides that “[pjroeess against any public agency, board . . .

E. KELLY, v. FLORIDA,, 233 F.R.D. 632 (S.D. Fla. 2005)

. . . . § 48.111(2) (2002). The statutory method of service is exclusive and must be strictly followed. . . . Stat. § 48.111(2) Plaintiff was required to serve the Summons and the Complaint on the DCF’s chief executive . . . Fla. 2004) (dismissing action against the DCF for failure to comply with proper service pursuant to § 48.111 . . . Stat. § 48.111(2). . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, v. SUN- SENTINEL, INC., 865 So. 2d 1278 (Fla. 2004)

. . . Section 48.111(2), Florida Statutes (2002), provides that “[pjrocess against any public agency, board . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE TWO YEAR CYCLE, 858 So. 2d 1013 (Fla. 2003)

. . . business in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . business in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 . . .

In UNION GOLF OF FLORIDA, INC., 242 B.R. 51 (Bankr. M.D. Fla. 1998)

. . . . § 48.111. . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 682 So. 2d 105 (Fla. 1996)

. . . business in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 . . .

FLORIDA CITY POLICE DEPARTMENT, v. CORCORAN,, 661 So. 2d 409 (Fla. Dist. Ct. App. 1995)

. . . Service of process was not accomplished on any of the city officials designated in subsection 48.111( . . . complaint to add the City as a defendant, and to serve process on the City in accordance with subsection 48.111 . . .

C. MIDDLETON, v. CITY OF LAKELAND,, 830 F. Supp. 1449 (M.D. Fla. 1993)

. . . Florida Statute § 48.111, which applies to service on public agencies and officers, does not require . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 604 So. 2d 1110 (Fla. 1992)

. . . business in the state), §-48.081 (service on corporation), §-48.101 (service on dissolved corporations), §-48.111 . . .

In AMENDMENTS TO RULES OF CIVIL PROCEDURE, 536 So. 2d 974 (Fla. 1988)

. . . business in the state), § 48.081 (service on corporation), § 48.101 (service on dissolved corporations), § 48.111 . . .

CITY OF HOMESTEAD, v. CHESTER, 455 So. 2d 613 (Fla. Dist. Ct. App. 1984)

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

NIEBOER, v. T. L. V. H. L. C. J. P., 394 So. 2d 163 (Fla. Dist. Ct. App. 1981)

. . . Section 48.111, Florida Statutes, establishes the method for service of process on public agencies, and . . .

CITY OF HIALEAH v. CARROLL,, 324 So. 2d 639 (Fla. Dist. Ct. App. 1976)

. . . , Fla.Stat., which provides: “48.111 Service on public agencies and officers.— (1)Process against any . . . It is clear from the language of § 48.111, supra, that the persons mentioned in the return and the person . . . would have been proper under § 47.20, Fla.Stat. which was in effect until 1967, the requirements of § 48.111 . . . service made on the city clerk without asserting the absence of any of the officials specified in § 48.111 . . .

E. SMITH, v. TOWN OF BITHLO, a, 314 So. 2d 212 (Fla. Dist. Ct. App. 1975)

. . . . § 48.111(3) (1973) and Fla.Stat. § 49.021 (1973). . . .

BROWARD COUNTY HEALTH DEPARTMENT, v. MARTIN, 307 So. 2d 220 (Fla. Dist. Ct. App. 1975)

. . . The controlling statute for service on public agencies and officers is § 48.111, F.S.A. . . . Section 48.111(1) (a), F.S.A., reads as follows: “(1) Process against any municipal corporation, agency . . . Section 48.111(2), F.S.A. provides: “(2) Process against any public agency, board, commission or department . . . It is obvious that § 48.111(1) (a) provides a proper manner of effectuating service upon a department . . . commission; thus, the majority reliance on § 48.111(2) is misplaced. . . . Service of process upon the Bro-ward County Health Department is controlled by § 48.111(2), F.S., which . . .

F. G. MENDOZA, v. CITY OF MIAMI, 483 F.2d 430 (5th Cir. 1973)

. . . . §§ 48.111 and 120.071. 4. . . .