Navigating the legal process can be challenging, especially when it involves government entities. If you’re filing a lawsuit against a public agency, city, county, or state department, it’s crucial to follow specific legal requirements for service of process. At Accurate Serve® of Tampa Bay, with offices in Tampa, Lakeland, St. Petersburg, and New Port Richey, we understand the nuances of serving legal documents on government entities across the region. Below, we explain the special considerations involved in ensuring your process service is compliant with Florida law.
What is Service of Process?
Service of process refers to the formal delivery of legal documents, such as summonses, complaints, or subpoenas, to the party being sued. When the recipient is a government entity, the process becomes more complex, requiring service to the correct individuals or departments to ensure legal notification and compliance with Chapter 48 of the 2024 Florida Statutes.
Who Must Be Served in a Government Lawsuit?
When suing government bodies in Florida, the law specifies who must receive the documents depending on the type of entity involved:
1. Municipal Corporations and Local Government Agencies
If you are filing a lawsuit against a city, town, or local government agency, the process must follow a clear hierarchy:
- First: Serve the registered agent of the entity (if one exists).
- If the registered agent is unavailable: Serve the mayor, president, or chairperson.
- If none of the above are available: Service can be made on the vice mayor, vice president, or vice chairperson.
- If still unsuccessful: Serve any member of the governing board, such as a city council member, city manager, or the entity’s in-house attorney.
- As a last resort: Service may be made to any employee at the entity’s main office.
2. State Agencies and Government Departments
For state departments or boards without a governing council, legal documents must be served directly to the head of the agency or its chief executive officer to ensure that the case is properly received by the top official.
3. The State of Florida
If you are suing the State of Florida, service must follow two specific steps:
- First: Serve the state attorney (or an assistant state attorney) for the judicial circuit where the lawsuit is filed.
- Next: Mail two copies of the documents to the Attorney General’s Office in Tallahassee.
4. Department of Revenue (DOR)
When the Department of Revenue (DOR) is involved in the lawsuit, the service of process must be delivered directly to the department’s executive director. This specialized rule ensures that the correct person within the DOR receives and processes the lawsuit.
Methods of Service
Most cases require in-person delivery by a certified process server to ensure the documents are properly received. For the service to be legally valid, the process server must complete a Return of Service affidavit, which documents where, when, and to whom the documents were delivered. This documentation is then submitted to the court as proof of service.
Why Choose Accurate Serve® of Tampa Bay?
Lawsuits involving government entities require careful attention to detail, and mistakes in service can derail a case. At Accurate Serve® of Tampa, Lakeland, St. Petersburg, and New Port Richey, our team of certified process servers is well-versed in Florida’s service of process laws and knows how to handle service on government bodies efficiently and legally.
We offer:
- Expert knowledge of Florida’s laws governing process service
- Accurate documentation and proof of service filings
- Timely, professional service to meet all legal deadlines
- Real-time status updates to keep you informed every step of the way
Contact Accurate Serve® of Tampa Bay Today
If you need legal documents served on a Florida government entity, trust the experts at Accurate Serve® to get the job done right the first time. Call us at the phone number listed below for the office closest to you or send us a work request online to get started today.
