When filing a legal action involving a government entity in Florida, it’s important to understand the specific rules and procedures for serving process on the said entity. The serving process is a crucial step in initiating a lawsuit, as it ensures that the party being sued is properly notified. If the entity you’re suing is a public agency, a city, or another government body, Florida law has clear guidelines for how this process must be handled.
What Is Service of Process?
Service of process is the formal delivery of legal documents, such as a summons or complaint, to the party being sued. For government entities, this involves specific steps to ensure the documents are received by the right individuals or departments.
Who Can Be Served in a Government Lawsuit?
Under Chapter 48 of the 2024 Florida Statutes, when suing a government entity in Florida, process must be served to specific individuals depending on the type of entity:
Municipal Corporations (e.g., cities, towns) or Local Government Agencies
Process must first be served on the registered agent if the government entity has one. If the registered agent cannot be served after a good faith attempt, the following individuals can be served:
- The mayor, president, or chairperson.
- If none of the above are available, service can be made to the vice mayor, vice president, or vice chair.
- If those individuals are not available, service may be made on any member of the governing board (city council, commission, etc.), the city manager, or an in-house attorney.
- If all of these individuals are unavailable, any employee at the main office of the government entity can be served.
Other Government Agencies (e.g., state departments or boards)
For government agencies that do not have a governing board or council, service must be made on the head of the agency or the chief executive officer. This ensures that the lawsuit reaches the top authority within the organization.
State of Florida
When suing the state itself, process must be served on both the state attorney (or assistant state attorney) in the judicial circuit where the case is filed, and two copies must be mailed to the Attorney General’s office.
Special Rules for the Department of Revenue
If the Department of Revenue (DOR) is involved in the case, process must be served specifically on the executive director of the department. This is a unique provision that applies only to DOR-related cases and ensures that the correct person is notified within this particular department.
Methods of Service
In most cases, the process server will need to deliver the documents in person. Florida law provides some flexibility if the initial attempts to serve specific individuals fail, allowing for service on others within the organization. However, for service to be legally valid, the process must be documented, and a return of service form must be filed with the court.
What Happens If Service Fails?
If the registered agent or relevant individuals cannot be served after a good faith attempt, Florida law allows for other methods to ensure that the government entity is properly notified. The process can sometimes be served on other employees within the government office or through substituted service if certain conditions are met. For example, substituted service can include mailing the process to the entity or delivering it to another authorized representative.
Important Considerations
- Timeliness: Serving government entities typically comes with strict timelines. Missing these deadlines could result in delays in your case or even its dismissal.
- Accuracy: It’s crucial that process is served to the correct person or department. If the wrong individual is served, it could invalidate the service and delay the proceedings.
- Documentation: The process server must keep thorough records of each service attempt and submit proper documentation to the court.
Professional Service of Process, No Matter the Recipient
When dealing with a legal action against a government entity in Florida, it’s essential to understand the specific requirements for the serving process. These rules are in place to ensure that government agencies are properly notified of lawsuits in which they are involved, allowing the legal process to move forward. If you need assistance with the serving process on a government entity, Accurate Serve® of Tallahassee can help. To get started, contact us today at 850-519-5494 or submit a work request online. We also offer document retrieval, skip tracing, and diligent search services to support all your legal needs.
