Florida Statutes
Fla. Stat. § 48.183 (2025)
Service of process in action for possession of premises.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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48.183 Service of process in action for possession of premises.—
(1) In an action for possession of any residential premises, including those under chapters 83, 723, and 513, or nonresidential premises, if the tenant cannot be found in the county or there is no person 15 years of age or older residing at the tenant’s usual place of abode in the county after at least two attempts to obtain service as provided above in this subsection, summons may be served by attaching a copy to a conspicuous place on the property described in the complaint or summons. The minimum time delay between the two attempts to obtain service shall be 6 hours. Nothing herein shall be construed as prohibiting service of process on a tenant as is otherwise provided on defendants in civil cases.
(2) If a landlord causes or anticipates causing a defendant to be served with a summons and complaint solely by attaching them to some conspicuous place on the property described in the complaint or summons, the landlord shall provide the clerk of the court with an additional copy of the complaint and a prestamped envelope addressed to the defendant at the premises involved in the proceeding. The clerk of the court shall immediately mail the copy of the summons and complaint by first-class mail, note the fact of mailing in the docket, and file a certificate in the court file of the fact and date of mailing. Service shall be effective on the date of posting or mailing, whichever occurs later, and at least 5 days must elapse from the date of service before a judgment for final removal of the defendant may be entered.
History.—s. 4, ch. 73-330; s. 1, ch. 75-34; s. 1, ch. 83-39; s. 2, ch. 84-339; s. 4, ch. 87-405; s. 1, ch. 88-379; s. 3, ch. 94-170; s. 2, ch. 98-410; s. 1, ch. 2003-263.
Notes of Decisions
Cited in 15
cases (2 in the last 5 years), 1975–2025 · leading case: Greene v. Lindsey, 456 U.S. 444 (1982).
Greene v. Lindsey, 456 U.S. 444 (1982). “§ 13-40-112 (1973); Fla. Stat. § 48.183 (1979); Kan. Stat. Ann.”
Springbrook Commons, Ltd. v. Brown, 761 So. 2d 1192 (Fla. 4th DCA 2000). “Appellant landlord brought this eviction action for failure to pay rent and, after two attempts at personal service were unsuccessful, served notice of the action by posting the complaint on the front door of the unit pursuant to section 48.183, Florida Statutes (1999). The…”
In Re Amendments to Fla. Rules Civ. Proc., 604 So. 2d 1110 (Fla. 1992). “051 (service on state prisoners), § 48.183 (service of process in action for possession of residential premises), and § 48.”
In Re Amendments to Rules of Civ. Proc., 536 So. 2d 974 (Fla. 1988). “051 (service on state prisoners), § 48.183 (service of process in action for possession of residential premises), and § 48.”
Sewell v. Colee, 132 So. 3d 1186 (Fla. 3d DCA 2014). “Sewell or post notice on the property pursuant to section 48.183, Florida Statutes (2003). The record contains an affidavit by the process server attesting that Mr.”
Lane v. Brith, 313 So. 2d 91 (Fla. 4th DCA 1975). “*92 Service of process was made on appellants by posting on the property as provided in § 48.183, F.S. 1973. Appellants contend that this statute is void (and thus the court did not acquire jurisdiction over them) because the statute is a legislative attempt to regulate practice…”
Hager v. Illes, 431 So. 2d 1037 (Fla. 4th DCA 1983). “A deputy sheriff served process by posting the premises pursuant to Section 48.183, Florida Statutes (1981). Appellees answered and raised as affirmative defenses the existence of a written or oral lease extension for another two years at the same terms as the original lease.”
Sniders Jean-Jacques v. 2201 N. Miami Ave Owner, LLC, Etc. (Fla. 3d DCA 2025). “See § 48.183, Fla. Stat. (providing that service of process in an action for possession of residential premises may be accomplished by posting a copy of the summons and complaint in a conspicuous place on the property after two failed attempts to locate the tenant).”
Levy v. Gilman, 2 Fla. Supp. 2d 46 (Fla. Orange Cty. Ct. 1982). “The only issue before the Court is whether §48.183, F.S.(1981), is unconstitutional because it violates the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States in light of the holding of the Supreme Court in Greene v.”
Fid. Nat'l Title Ins. Co. v. North Am. Title Co. (S.D. Fla. 2022). “” Thus, jurisdiction under Section 48.183(1)(a)(1) does not attach. Section 48.”
Marcrum Mgmt. Co. v. Phillips, 40 Fla. Supp. 2d 198 (Fla. Cty. Ct. 1990). “Under section 48.183(2), Florida Statutes, the landlord is required to both mail and post the complaint for tenant eviction.”
Ogilvie v. Rutledge, 14 Fla. Supp. 2d 52 (Fla. Orange Cty. Ct. 1985). “Fla. Stat. 48.183 which permits posting applies only to landlord-tenant eviction cases, not the removal of mobile homes.”
— 48.183(1)(a)(1) — 1 case
Fid. Nat'l Title Ins. Co. v. North Am. Title Co. (S.D. Fla. 2022). “” Thus, jurisdiction under Section 48.183(1)(a)(1) does not attach. Section 48.”
— 48.183(2) — 1 case
Marcrum Mgmt. Co. v. Phillips, 40 Fla. Supp. 2d 198 (Fla. Cty. Ct. 1990). “Under section 48.183(2), Florida Statutes, the landlord is required to both mail and post the complaint for tenant eviction.”
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