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 president, mayor, chair, or other head thereof; and in his or her absence;
(b) On the vice president, vice mayor, or vice chair, or in the absence of all of the above;
(c) On any member of the governing board, council, or commission.
(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 9, ch. 2022-190, amended subsection (1), effective January 2, 2023, to read:
(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.
Note.—Former ss. 47.20, 47.21.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
Chapter 48 - Process and Service of Process
48.011 - Process; How Directed.
48.021 - Process; by Whom Served.
48.031 - Service of Process Generally; Service of Witness Subpoenas.
48.042 - Service on Incompetent.
48.051 - Service on State Prisoners.
48.061 - Service on Partnerships and Limited Partnerships.
48.062 - Service on a Limited Liability Company.
48.071 - Service on Agents of Nonresidents Doing Business in the State.
48.081 - Service on Corporation.
48.091 - Corporations; Designation of Registered Agent and Registered Office.
48.092 - Service on Financial Institutions.
48.101 - Service on Dissolved Corporations.
48.102 - Service by Other Means.
48.111 - Service on Public Agencies and Officers.
48.121 - Service on the State.
48.131 - Service on Alien Property Custodian.
48.141 - Service on Labor Unions.
48.151 - Service on Statutory Agents for Certain Persons.
48.161 - Method of Substituted Service on Nonresident.
48.171 - Service on Nonresident Motor Vehicle Owners, Etc.
48.181 - Service on Nonresident Engaging in Business in State.
48.183 - Service of Process in Action for Possession of Premises.
48.184 - Service of Process for Removal of Unknown Parties in Possession.
48.19 - Service on Nonresidents Operating Aircraft or Watercraft in the State.
48.193 - Acts Subjecting Person to Jurisdiction of Courts of State.
48.194 - Personal Service Outside State.
48.195 - Service of Foreign Process.
48.197 - Service in a Foreign Country.
48.20 - Service of Process on Sunday.
48.21 - Return of Execution of Process.
48.22 - Cumulative to Other Laws.
48.27 - Certified Process Servers.
48.29 - Certification of Process Servers.
48.31 - Removal of Certified Process Servers; False Return of Service.