DEPT. OF CHILDREN & FAMILIES
v.
THOMAS ALFRED PANNO
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The Department of Children and Families appealed the trial court's denial of its motion to dismiss a records inspection action. The appellate court held that the trial court lacked jurisdiction because the plaintiff failed to serve DCF in compliance with Florida Statutes section 48.111(2), which requires service on the agency's chief executive officer.
The trial court lacked jurisdiction because the plaintiff failed to comply with section 48.111(2) by not serving the chief executive officer of DCF. The motion to dismiss must be granted, though the dismissal is without prejudice to allow the plaintiff to refile and properly serve DCF.
[1] Service of process on the Department of Children and Families in a civil action to compel the production of records must comply with the requirements of section 48.111(2)…
[2] Section 48.111(2), Florida Statutes, requires that process against a public agency, such as the Department of Children and Families, not a body corporate or having a gove…
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Join FLexlaw to unlock all legal intelligence“[p]rocess against any public agency . . . not a body corporate or having a governing board or commission shall be served on the . . . chief executive officer of the agency.”
Establishes the statutory requirement for proper service on DCF under section 48.111(2)
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Join FLexlaw to unlock all legal intelligenceMr. Thomas Panno filed a complaint seeking to compel DCF to make records available for inspection. The trial court entered an order to show cause dire…
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PER CURIAM. Mr. Thomas Panno filed a complaint seeking to compel the Department of Children and Families (DCF) to make available for his inspection certain records. The trial court entered an order to show cause directing DCF to respond. DCF filed a motion to dismiss, arguing that because service of the complaint and the order to show cause was not made in compliance with section 48.111(2), Florida Statutes (2019), the trial court lacked jurisdiction. The trial court denied the motion. DCF seeks review.
- 2 - Section 48.111(2) provides, in relevant part, that "[p]rocess against any public agency . . . not a body corporate or having a governing board or commission shall be served on the . . . chief executive officer of the agency." This section applies to civil actions against DCF to make records available for inspection. See Fla. Dep't of Child. & Fams. v. Sun-Sentinel, Inc., 865 So. 2d 1278, 1285-86 (Fla. 2004) (holding that trial court erred in denying DCF's motion to dismiss in action to obtain public records where plaintiff failed to comply with several rules and statutes, including section 48.111(2), concerning service on a public agency); cf. Kelly v. Fla. Dep't of Child. & Fams., 233 F.R.D. 632, 634 (S.D. Fla. 2005) ("Plaintiff commenced a civil action against the DCF and pursuant to Fla. Stat. § 48.111(2) Plaintiff was required to serve the Summons and the Complaint on the DCF's chief executive officer.").
As DCF was not served in compliance with section 48.111(2), we reverse and remand with instructions for the trial court to grant DCF's motion to dismiss. The dismissal shall be without prejudice to Mr. Panno to refile his complaint and properly serve DCF pursuant to section 48.111(2).
Reversed; remanded with instructions. LaROSE, LUCAS, and STARGEL, JJ., Concur.
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