48.121

Service on the state.

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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.

Notes of Decisions

Cited in 11 cases (9 in the last 5 years), 1988–2025 · leading case: In Re Amendments to Fla. Rules Civ. Proc.

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In Re Amendments to Fla. Rules Civ. Proc. (1992) fla “111 (service on public agencies or officers), § 48.121 (service on the state), § 48.131 (service on alien property custodian), § 48.”

In Re Amendments to Rules of Civ. Proc. (1988) fla “111 (service on public agencies or officers), § 48.121 (service on the state), § 48.131 (service on alien property custodian), § 48.”

Griffin v. Calderon (2024) flmd · cites it 9× “” Fla. Stat. § 48.121 . Here, Plaintiff’s return of service affidavit states that he served a “Chrystal Harwood, Agency Clerk” on August 9, 2024.”

Rubin Young, et al. v. Hon. Donald J. Trump, in his official capacity as President of the United States, et al. (2025) flsd · cites it 6× “” Fla. Stat. § 48.121 . Finally, Rule 4 is also silent as to the proper method of service on a local government officer sued in her official capacity, which applies to Defendant Levine Cava.”

RAMLE INTERNATIONAL CORP. v. MIAMI-DADE COUNTY, FLORIDA (2023) fladistctapp · cites it 4× “” § 48.121, Fla. Stat. When a party fails to provide proper notice to the Attorney General or state attorney, a court is precluded from considering the constitutional challenge raised in the complaint.”

United States v. King (2024) flmd · cites it 4× “Plaintiff served an attorney at the Hillsborough County Attorney’s Office within the 13th Judicial Circuit of Florida, thereby satisfying the first portion of Florida Statute § 48.121. However, Plaintiff does not demonstrate that it sent two copies of process by registered or…”

Blaxton v. State of Florida (2022) flmd · cites it 2× “” Fla. Stat. § 48.121 . of proper service, Plaintiff is not entitled to any relief for the Defendant’s failure to respond to the Complaint, and his Motion for Judgment is due to be denied.”

Anderson v. State of Florida (2022) flmd · cites it 2× “4(j)(2); Fla. Stat. § 48.121 . Accordingly, Plaintiff moved for entry of Clerk’s Default, to which Defendant has never responded.”

Jerlard Derek Rembert v. Attorney General, State of Florida (2021) ca11 “” Fla. Stat. Ann. § 48.121 . Andrew Warren is the State Attorney for the Thirteenth Judicial Circuit of Florida, which en- compasses Tampa, Florida, and Ashley Moody is the current Flor- ida Attorney General.”

BERG v. COMMONWEALTH OF PENNSYLVANIA (2024) paed “” Fla. Stat. § 48.121 . Here, Berg sent the summons and complaint to the Secretaries of State of Florida and Pennsylvania via the United States Postal Service.”

Fields v. Haas (2025) flmd “§ 48.121 . Plaintiff must show proof of proper service of any amended complaint in writing on the docket within 31 days of this Order.”

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