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Florida Statute 48.121 | Lawyer Caselaw & Research
F.S. 48.121 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 48.121

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 48
PROCESS AND SERVICE OF PROCESS
View Entire Chapter
F.S. 48.121
48.121 Service on the state.—When the state has consented to be sued, process against the state shall be served on the state attorney or an assistant state attorney for the judicial circuit within which the action is brought and by sending two copies of the process by registered or certified mail to the Attorney General. The state may serve motions or pleadings within 40 days after service is made. This section is not intended to authorize the joinder of the Attorney General or a state attorney as a party in such suit or prosecution.
History.—s. 2, ch. 29724, 1955; s. 4, ch. 67-254; s. 7, ch. 2001-266.
Note.—Former s. 69.18.

F.S. 48.121 on Google Scholar

F.S. 48.121 on Casetext

Amendments to 48.121


Arrestable Offenses / Crimes under Fla. Stat. 48.121
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.121.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Anderson v. State

    6:22-cv-826-LHP (M.D. Fla. Nov. 15, 2022)
    Plaintiff paid the filing fee, and a summons was issued to Defendant on May 16, 2022. Doc. No. 5. On May 31, 2022, Plaintiff submitted a return of service, which states that on May 20, 2022, service was effectuated upon Defendant by delivering a copy of the complaint and process “to Lisa Snowden AS SECRETARY OF THE WITHIN NAMED TO WIT: STATE OF FLORIDA C/O RJ LARIZZA.” Doc. No. 8. To date, Defendant has not challenged the method of service, has not moved to quash service, and did not respond to the complaint within the time period afforded by Federal Rule of Civil Procedure 12. To the contrary, it appears that Defendant concedes service was proper. See Doc. No. 16, at 1 (“The Complaint in this action was served on the State Attorney for the 7th Judicial Circuit. . . .); see also Fed.R.Civ.P. 4(j)(2); Fla. Stat. § 48.121. Accordingly, Plaintiff moved for entry of Clerk's Default, to which Defendant has never responded. Doc. No. 11. That motion remains pending and will be further addressed below.
    PAGE 4

  2. Blaxton v. State

    8:21-cv-2550-CEH-MRM (M.D. Fla. Jul. 11, 2022)
    Florida law provides as follows regarding service on the state: “When the state has consented to be sued, process against the state shall be served on the state attorney or an assistant state attorney for the judicial circuit within which the action is brought and by sending two copies of the process by registered or certified mail to the Attorney General.” Fla. Stat. § 48.121.
    PAGE 3

  3. Rembert v. Attorney Gen.

    No. 20-14573 (11th Cir. Dec. 22, 2021)
    A state that is subject to suit may be served by delivering a copy of the summons and complaint to its chief executive officer. Fed.R.Civ.P. 4(j)(2)(A). Under Florida law, Florida's chief executive officer is the governor. Fla. Const., art. IV, § 1(a). Moreover, states subject to suit may be served by delivering a copy of the summons and complaint in the manner prescribed by the state's law for serving a summons upon a defendant. Fed.R.Civ.P. 4(j)(2)(B). Under Florida law, process against the state must be served on the state attorney or an assistant state attorney for the judicial circuit within which the action is brought, "and by sending two copies of the process by registered or certified mail to the [Florida] Attorney General." Fla. Stat. Ann. § 48.121. Andrew Warren is the State Attorney for the Thirteenth Judicial Circuit of Florida, which encompasses Tampa, Florida, and Ashley Moody is the current Florida Attorney General. Andrew H. Warren Office of the State Attorney 13th Judicial Circuit, https://www.sao13th.com (last visited Dec. 13, 2021); Office of Attorney General Ashley Moody, https://myfloridalegal.com (last visited Dec. 13, 2021).
    PAGE 4

  4. Rembert v. Florida

    Case No: 8:20-cv-1577-T-33AAS (M.D. Fla. Dec. 1, 2020)
    Although Rembert has filed proof that he sent two copies of the summons and complaint via certified mail to the Attorney General (Doc. # 24), he has not filed proof that he delivered a copy of the summons and complaint to the State Attorney for the Thirteenth Judicial Circuit. Therefore, Rembert has not properly perfected service under Section 48.121, Fla. Stat.
    PAGE 5

  5. In re Amendments to Fla. Rules of Civil Procedure-2019 Regular-Cycle Report

    292 So. 3d 660 (Fla. 2019)   Cited 1 times
    2007 Amendment. Subdivision (a) is amended to conform form 1.902 to the statutory requirements of sections 48.111, 48.121, and 768.28, Florida Statutes. The form is similar to Federal Rule of Civil Procedure Form 1.
    PAGE 675

  6. United States v. Winland

    Case No: 2:17-cv-63-FtM-38CM (M.D. Fla. Apr. 7, 2017)
    Here, the Proof of Service states that on February 21, 2017, Victa M. Santiago, a revenue officer, served the summons on Sandy Okey, who is designated by law to accept service of process on behalf of the state attorney's office. Doc. 16. Neither the Proof of Service nor the present motion, however, alleges that Plaintiff sent two copies of the process by registered or certified mail to the Attorney General, pursuant to section 48.121 of the Florida Statutes. Fla. Stat. § 48.121. As a result, it is not clear whether service of process upon the State of Florida was properly effectuated.
    PAGE 5

  7. Jewel v. Fla. Dep't of Revenue

    Case No: 8:16-cv-2120-T-36JSS (M.D. Fla. Dec. 27, 2016)   Cited 1 times
    The second option for service under Rule 4(j)(2) is to serve a copy of the summons and complaint in the manner prescribed by the state's law. Fed. R. Civ. P. 4(j)(2)(B). Under Florida law, with regard to suing the state of Florida, "[w]hen the state has consented to be sued, process against the state shall be served on the state attorney or an assistant state attorney for the judicial circuit within which the action is brought and by sending two copies of the process by registered or certified mail to the Attorney General." § 48.121, Fla. Stat. (2016). As to the Department of Revenue, "process against the department shall be served on the executive director of the department." § 48.111(3), Fla. Stat. (2016). Plaintiff mailed a summons to Governor Rick Scott (Dkts. 22, 23), which does not satisfy service of process on either the state of Florida or the Florida Department of Revenue under the applicable Florida statutes.
    PAGE 4

  8. St. Michael Press Publ'g Co. v. One Unknown Wreck Believed to Be an Unidentified Military and Salvage Frigate of the Vessel if Maravilla

    CASE NO. 12-81209-CIV-MARRA (S.D. Fla. Sep. 25, 2013)
    Plaintiff asserted in its Notice of Compliance (DE 20) that the state of Florida had been served in accordance with Florida Statute § 48.121, "wherein two copies of the Complaint were provided by certified mail to the Attorney General of the State." (DE 20 ¶ 1). That statute provides,
    PAGE 4

  9. Brown v. Florida

    Case No. 8:13-cv-49-T-30MAP (M.D. Fla. Mar. 7, 2013)
    A state government or other state-created governmental organization must be served either by (1) "delivering a copy of the summons and of the complaint to its chief executive officer" or (2) "serving a copy of each in the manner prescribed by that state's law for serving a summons or like process on such a defendant." Fed. R. Civ. P. 4(j)(2). To serve a public agency or its officers pursuant to Florida Statutes, a plaintiff must serve the head or chief executive officer of that agency. Fla. Stat. § 48.111. "When the [S]tate [of Florida] has consented to be sued, process against the state shall be served on the state attorney or an assistant state attorney for the judicial circuit within which the action is brought and by sending two copies of the process by registered or certified mail to the Attorney General." Fla. Stat. § 48.121.
    PAGE 6

  10. In re Amendments

    966 So. 2d 943 (Fla. 2007)   Cited 1 times
    2007 Amendment. Subdivision (a) is amended to conform form 1.902 to the statutory requirements of sections 48.111, 48.121, and 768.28, Florida Statutes. The form is similar to Federal Rule of Civil Procedure Form 1.
    PAGE 956

    Cases from cite.case.law:

    v., 137 T.C. 25 (T.C. 2011)

    . . . RFB depreciated the cell site equipment over five to seven years under asset class 48.121. . . . RFB depreciated the leased digital equipment over five years under asset class 48.121. . . . Petitioners argue that the base station should be included in asset class 48.121 because it has some . . . Asset classes 48.121 and 48.12 both apply to telephone central office switching equipment. . . . RFB depreciated all the digital equipment over five years under asset class 48.121. . . .

    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 . . . corporation), 48.101 (service on dissolved corporations), 48.111 (service on public agencies or officers), 48.121 . . . Subdivision (a) is amended to conform form 1.902 to the statutory requirements of sections 48.111, 48.121 . . .

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

    . . . 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, 773 So. 2d 1098 (Fla. 2000)

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

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

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

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

    . . . §-48.101 (service on dissolved corporations), §-48.111 (service on public agencies or officers), §-48.121 . . .

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

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