48.111
Service on public agencies and officers.
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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.
Notes of Decisions
Cited in 33
cases (17 in the last 5 years), 1975–2026 · leading case: Kelly v. Florida, Department of Children & Family Services, District 11
Kelly v. Florida, Department of Children & Family Services, District 11 (2007)
“” Fla. Stat. § 48.111 (2). It is the plaintiffs responsibility to ensure proper service of a summons and complaint.”
Florida Department of Children and Families v. Sun-Sentinel, Inc. (2004)
“) Section 48.111(2), Florida Statutes (2002), provides that "[p]rocess against any public agency, board, commission, or department not a body corporate .”
Florida City Police Dept. v. Corcoran (1995)
“This ruling is without prejudice to the Plaintiff to amend the complaint to add the City as a defendant, and to serve process on the City in accordance with subsection 48.111(1), Florida Statutes. Reversed and remanded with directions.”
Kelly v. Florida (2005)
“” Fla. Stat. § 48.111 (2) (2002). The statutory method of service is exclusive and must be strictly followed.”
City of Hialeah v. Carroll (1976)
“The controlling statute is § 48.111, Fla. Stat., which provides: "48.”
In Re Amendments to Fla. Rules Civ. Proc. (1992)
“101 (service on dissolved corporations), § 48.111 (service on public agencies or officers), § 48.”
In Re Amendments to Rules of Civ. Proc. (1988)
“101 (service on dissolved corporations), § 48.111 (service on public agencies or officers), § 48.”
In Re Union Golf of Florida, Inc. (1998)
“…as an injunction against any action by Sarasota County to enforce any county or state law or regulation. 1 . See Fla.Stat. § 48.111.”
Bloom v. Miami-Dade County (2011)
“Defendant Florida Fish & Wildlife Conservation Commission was not in the original two versions of the complaint filed in this case but was included in the Second Amended Complaint, filed in May 2009; however, the record does not reflect that the Commission was ever served with…”
Rubin Young, et al. v. Hon. Donald J. Trump, in his official capacity as President of the United States, et al. (2025)
“See Fla. Stat. § 48.111 (1); Miami-Dade Cnty.”
Gaston v. City of Leesburg (2024)
“Fla. Stat. § 48.111 . (2020).1 On August 14, 2023, the United States Marshals Service (“USMS”) delivered a summons and complaint directed to the City at the Leesburg Police Department, in Leesburg, Florida.”
Restricted Filer - Montford v. Pryor, Jr. (2024)
“” Fla. Stat. § 48.111 (1). Plaintiff’s Return of Service states that “ARTHUR NORIEGA V.”
— 48.111(1) — 4 cases
Florida City Police Dept. v. Corcoran (1995)
“This ruling is without prejudice to the Plaintiff to amend the complaint to add the City as a defendant, and to serve process on the City in accordance with subsection 48.111(1), Florida Statutes. Reversed and remanded with directions.”
Restricted Filer - Montford v. Pryor, Jr. (2024)
“” Fla. Stat. § 48.111 (1). Plaintiff’s Return of Service states that “ARTHUR NORIEGA V.”
— 48.111(1)(a) — 1 case
— 48.111(1)(b)(1) — 1 case
— 48.111(2) — 4 cases
Florida Department of Children and Families v. Sun-Sentinel, Inc. (2004)
“) Section 48.111(2), Florida Statutes (2002), provides that "[p]rocess against any public agency, board, commission, or department not a body corporate .”
Kelly v. Florida (2005)
“” Fla. Stat. § 48.111 (2) (2002). The statutory method of service is exclusive and must be strictly followed.”
— 48.111(3) — 1 case
Smith v. Town of Bithlo (1975)
— 48.111(l)(a) — 1 case
City of Homestead v. Chester (1984)
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