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Florida Statute 48.111 - Full Text and Legal Analysis Florida Statute 48.111 | Lawyer Caselaw & Research
Fla. Stat. § 48.111 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 48.111

Fla. Stat. § 48.111 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Florida Dep't of Child. & Families v. Sun-Sentinel, Inc., 865 So. 2d 1278 (Fla. 2004).

Cited 22 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 55, 2004 Fla. LEXIS 161, 2004 WL 212456

...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 ......
0 red1 yellow9 green0 procedural
Distinguished(citing case) (2023)
phrase: "distinguishing"
Cited as authority(citing case) (2022)
phrase: "rule_authority"
Cited as authority(citing case) (2019)
phrase: "rule_authority"
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·In Re Amendments to Fla. Rules Civ. Proc., 604 So. 2d 1110 (Fla. 1992).

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...
0 red0 yellow15 green0 procedural
Cited as authoritySarras (2014)
phrase: "rule_authority"
Cited as authorityAlmeida (1997)
phrase: "rule_authority"
Cited as authorityNatkow (1997)
phrase: "rule_authority"
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·In Re Amendments to Rules of Civ. Proc., 536 So. 2d 974 (Fla. 1988).

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....
0 red0 yellow8 green0 procedural
Cited as authorityThreadgill (2017)
phrase: "rule_authority"
Cited as authorityAmaran (2010)
phrase: "rule_authority"
Cited as authorityYangco (2005)
phrase: "rule_authority"
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·In Re Union Golf of Florida, Inc., 242 B.R. 51 (Bankr. M.D. Fla. 1998).

Cited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 13 Fla. L. Weekly Fed. B 35, 1998 Bankr. LEXIS 1907, 1998 WL 1168024

...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.
0 red1 yellow1 green0 procedural
DistinguishedIn Re Dycoal, Inc. (2005)
phrase: "distinguishing"
Cited as authorityIn Re Dycoal, Inc. (2005)
phrase: "rule_authority"
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City of Hialeah v. Carroll, 324 So. 2d 639 (Fla. 3d DCA 1976).

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....
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City of Sweetwater Florida v. St. Germain, 943 So. 2d 259 (Fla. 3d DCA 2006).

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 ....
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·Kelly v. Florida, 233 F.R.D. 632 (S.D. Fla. 2005).

Published | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 41158, 2005 WL 3199675

...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)....
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Cited as authorityKaye (2021)
phrase: "rule_authority"
Cited as authority(citing case) (2015)
phrase: "rule_authority"
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·Bloom v. Miami-Dade Cnty., 816 F. Supp. 2d 1265 (S.D. Fla. 2011).

Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 105255, 2011 WL 4352386

...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)....
0 red0 yellow1 green0 procedural
Cited as authorityWoodburn (2011)
phrase: "rule_authority"
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Middleton v. City of Lakeland, 830 F. Supp. 1449 (M.D. Fla. 1993).

Published | District Court, M.D. Florida | 27 Fed. R. Serv. 3d 601, 1993 U.S. Dist. LEXIS 12933, 1993 WL 370568

...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....
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City of Homestead v. Chester, 455 So. 2d 613 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 14826

PER CURIAM. Affirmed. § 48.111(l)(a), Fla.Stat....
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Craig Simmons v. Pub. Health Trust of Miami-dade Cnty. (Fla. 3d DCA 2022).

Published | Florida 3rd District Court of Appeal

...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....
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Smith v. Town of Bithlo, 314 So. 2d 212 (Fla. 5th DCA 1975).

Published | Florida 5th District Court of Appeal | 1975 Fla. App. LEXIS 13717

our opinion that service was valid via Fla.Stat. § 48.111(3) (1973) and Fla.Stat. § 49.021 (1973). Thus
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Broward Cnty. Health Dep't v. Martin, 307 So. 2d 220 (Fla. 3d DCA 1975).

Published | Florida 3rd District Court of Appeal | 1975 Fla. App. LEXIS 14595

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

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