Florida Statutes
Fla. Stat. § 1001.40 (2025)
District school board to constitute a corporation.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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1001.40 District school board to constitute a corporation.—The governing body of each school district shall be a district school board. Each district school board is constituted a body corporate by the name of “The School Board of County, Florida.” In all suits against district school boards, service of process shall be had on the chair of the district school board or, if he or she cannot be found, on the district school superintendent as executive officer of the district school board or, in the absence of the chair and the district school superintendent, on another member of the district school board.
Notes of Decisions
Cited in 7
cases (6 in the last 5 years), 2020–2025 · leading case: Chabad Chayil, Inc. v. The Sch. Bd. of Miami-Dade Cnty. Florida, 48 F.4th 1222 (11th Cir. 2022).
Chabad Chayil, Inc. v. The Sch. Bd. of Miami-Dade Cnty. Florida, 48 F.4th 1222 (11th Cir. 2022). “” Fla. Stat. § 1001.40 . Next up, § 1001.41 provides that the “school board, after considering recommendations submitted by the district school superintendent, shall exercise [an enumerated list of] general powers.”
Mcleaish (N.D. Fla. 2025). “McLeaish agrees “that Fla. Stat. § 1001.40 is dispositive.” ECF No.”
McCane v. Sch. Dist. of Pasco Cnty. (M.D. Fla. 2020). “” § 1001.40, Fla. Stat. Nor do the factual allegations of the Second Amended Complaint describe retaliatory action by the PCSD based on an NDAA protected disclosure.”
Doe v. Campbell Drive K-8 Ctr. (S.D. Fla. 2024). “]” Fla. Stat. § 1001.40 (alterations added).”
Nguida v. Lake Cnty. Sch. Dist. (M.D. Fla. 2025). “§ 1001.40 establishes that the governing body of each district school shall be a district school board, and each district school board can be served by service of process on the chair of the district school board.”
Arthur Huggins v. Sch. Dist. of Manatee Cnty. (11th Cir. 2025). “See Fla. Stat. § 1001.40 . So we use that term.”
Nguida v. Lake Cnty. Sch. Dist. (M.D. Fla. 2025). “” § 1001.40, Fla. Stat. And even if Neuida’s certified mail reached the relevant school official (or, as he separately contends, the School District’s attorney), improper service by mail remains ineffective “even when a defendant has actual notice of the filing of the suit.”
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