Florida Statutes
Fla. Stat. § 125.15 (2025)
To sue and be sued in the name of county.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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125.15 To sue and be sued in the name of county.—The county commissioners shall sue and be sued in the name of the county of which they are commissioners. A change in the persons composing the board of county commissioners shall not abate the suit, but it shall proceed as if such change had not taken place.
History.—ss. 1, 3, ch. 3242, 1881; RS 580; GS 773; RGS 1493; CGL 2202.
Notes of Decisions
Cited in 16
cases (3 in the last 5 years), 1958–2024 · leading case: Wright v. Manatee Cnty., 717 F. Supp. 1493 (M.D. Fla. 1989).
Wright v. Manatee Cnty., 717 F. Supp. 1493 (M.D. Fla. 1989). “The first reason alleged for the dismissal of the County Commissioners (Defendants Glass, Chance, Chetlain, Snell, and Hooper) is based on Section 125.15, Florida Statutes. The commission defendants assert that Section 125.”
Pestana v. Miami-Dade Cnty. Bd. of Comm'rs, 282 F. Supp. 3d 1284 (S.D. Fla. 2017). “" Fla. Stat. § 125.15 . Accordingly, because it cannot be sued, the Complaint must be dismissed without prejudice as to the Miami-Dade Board of County Commissioners.”
Spangler v. Florida State Tpk. Auth., 106 So. 2d 421 (Fla. 1958). “We have specifically so held with reference to counties. Section 125.01, Florida Statutes, F.”
Interair Servs., Inc. v. Ins. Co. of North Am., 375 So. 2d 317 (Fla. 2d DCA 1979). “In Spangler the supreme court held with reference to § 125.15 that: Despite this general language in the legislative statement of the powers of the counties, we have held throughout the years that a county which is a division of the State shares in the State’s immunity from…”
Williamson v. Brevard Cnty., 276 F. Supp. 3d 1260 (M.D. Fla. 2017). “¶ 9; § 125.15, Fla. Stat.). « *1264 B. Board Meetings The Board meets regularly—typically more than once per month—to discuss issues, hear from citizens, and carry out its responsibilities.”
City of St. Petersburg v. Earle, 109 So. 2d 388 (Fla. 2d DCA 1959). “We have specifically so held with reference to counties. Section 125.01, Florida Statutes, F.”
Edwards v. Lindsley, 349 So. 2d 817 (Fla. 1st DCA 1977). “The Lindsleys respond that Section 125.15, Florida Statutes (1975), which states that “The county commissioners shall sue and be sued in the name of the county of which they are commissioners .”
Andy Strickland v. Bd. of Commissioners of Pinellas Cnty., Florida, 261 So. 3d 700 (Fla. 2d DCA 2018). “See § 125.15, Fla. Stat. (2016) ("The county commissioners shall sue and be sued in the name of the county of which they are commissioners.”
Erickson v. Bd. of Cnty. Commissioners of Sarasota Cnty., 212 So. 2d 340 (Fla. 2d DCA 1968). “The appellant is appealing from the two judgments entered in favor of ap-pellee, Board of County Commissioners of Sarasota County. The complaint, motion, and judgments in issue are styled “Board of County Commissioners of Sarasota County, Florida, plaintiff, vs.”
Alianell v. Fossey, 114 So. 2d 372 (Fla. 3d DCA 1959). “Section 125.15, Fla.Stat., F.S.A. . See Note [1], supra.”
Clark v. Doggett (M.D. Fla. 2022). “See Fla. Stat. § 125.15 ; Strickland v. Pinellas Cty.”
Pinellas Cnty., Florida v. Gary Joiner, etc. (Fla. 2024). “; § 125.15, Fla. Stat.; § 125.56, Fla. Stat.”
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