Opinion
Case No. 2D20-2073
03-17-2021
DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. Thomas Alfredo PANNO, Appellee.
Javier A. Enriquez and Andrew J. McGinley, Assistant General Counsels of Department of Children and Families, Tallahassee, for Appellant. Bruce R. Plesser, Gulf Port, for Appellee.
Javier A. Enriquez and Andrew J. McGinley, Assistant General Counsels of Department of Children and Families, Tallahassee, for Appellant.
Bruce R. Plesser, Gulf Port, for Appellee.
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.
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.