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Florida Statute 48.183 | Lawyer Caselaw & Research
F.S. 48.183 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 48.183

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 48
PROCESS AND SERVICE OF PROCESS
View Entire Chapter
F.S. 48.183
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.

F.S. 48.183 on Google Scholar

F.S. 48.183 on Casetext

Amendments to 48.183


Arrestable Offenses / Crimes under Fla. Stat. 48.183
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.183.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Fid. Nat'l Title Ins. Co. v. N. Am. Title Co.

    Civil Action 22-20840-Civ-Scola (S.D. Fla. Jun. 10, 2022)
    Fidelity says the Court has personal jurisdiction over North American by virtue of Florida Statutes §§ 48.193(1)(a)(1), 48.193(2), and 685.102. (Opp. 3-4.) Section 48.193(1)(a)(1) provides for specific jurisdiction over an entity “[o]perating, conducting, engaging in, or carrying a business or business venture in [Florida] or having an office or agency in [Florida].” Fla. Stat. § 48.193(1)(a)(1). Because its agency agreement with North American requires notices and communications to be sent to a Florida address and Florida attorney, Fidelity argues that North American has “a Florida office” or an agency here. (Opp. 3-4.) This argument fails because Fidelity's claims do not arise from those contacts. See Fla. Stat. § 48.193(1)(a)(conferring jurisdiction where the cause of action “aris[es] from” the specified acts); Hinkle v. Cirrus Design Corp., 775 Fed. App'x 545, 549 (11th Cir. 2019) (for specific jurisdiction “a defendant's general connections with the forum are not enough, ” and the claim must arise from those connections). Fidelity's claims all concern an insurance payment related to property in Texas. None of its claims have to do with, or arise from, North American's…

  2. In re Amendments to Fla. Rules of Civil Procedure-2019 Regular-Cycle Report

    292 So. 3d 660 (Fla. 2019)   Cited 1 times
    The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes.
    PAGE 675

  3. Brown v. BNB Inv. Holdings, LLC

    252 So. 3d 344 (Fla. Dist. Ct. App. 2018)
    On appeal, the plaintiff in Dimino contended that because the original service of process was not quashed when the trial court dismissed the complaint, the service remained valid. Id. The Fourth District Court of Appeal, however, held that when the trial court granted the defendant's motion to dismiss for lack of personal jurisdiction, the trial "court effectively voided the original service of process," and therefore, the plaintiff "was required to re-serve [the defendant] with the second amended complaint." Id. Specifically, the Fourth District noted that "Florida courts have consistently held that the ‘[f]ailure to adequately allege in the complaint a basis for long-arm jurisdiction under 48.183 voids any service of process.’ " Id. (alteration in original) (quoting Mouzon v. Mouzon, 458 So.2d 381, 383 (Fla. 5th DCA 1984) ); see also Wrenn v. McDonnell, 671 So.2d 884, 885 (Fla. 5th DCA 1996) (vacating final judgment of paternity for lack of jurisdiction and concluding that " ‘[w]ithout a basis for jurisdiction appearing in the complaint ..., service of long-arm process is void.’ " (quoting Pluess-Staufer Indus. v. Rollason Eng'g & Mfg., Inc., 597 So.2d 957, 958 (Fla…

  4. Sewell v. Colee

    132 So. 3d 1186 (Fla. Dist. Ct. App. 2014)   Cited 5 times
    The respondents filed an eviction action against petitioner Richard Sewell, individually and as the registered agent of petitioner WES Real Estate, Inc., the occupying tenant. Before the complaint was filed, Mr. Sewell retained attorney Christopher Waldera to represent him in resolving the dispute between the parties. Upon filing the complaint, the respondents served Mr. Waldera but did not personally serve Mr. 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. Waldera took possession of the papers but advised he did not have his client's consent to accept service of process. Mr. Waldera continued negotiations after service of the complaint but never filed a notice of appearance or a responsive pleading. A default final judgment was ultimately entered on February 1, 2010.
    PAGE 1187

  5. Sewell v. Colee

    No. 3D13-425 (Fla. Dist. Ct. App. Jan. 22, 2014)
    The respondents filed an eviction action against petitioner Richard Sewell, individually and as the registered agent of petitioner WES Real Estate, Inc., the occupying tenant. Before the complaint was filed, Mr. Sewell retained attorney Christopher Waldera to represent him in resolving the dispute between the parties. Upon filing the complaint, the respondents served Mr. Waldera but did not personally serve Mr. 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. Waldera took possession of the papers but advised he did not have his client's consent to accept service of process. Mr. Waldera continued negotiations after service of the complaint but never filed a notice of appearance or a responsive pleading. A default final judgment was ultimately entered on February 1, 2010.
    PAGE 3

  6. White Wave International Labs, Inc. v. Lohan

    Case No. 8:09-cv-1260-T-33MAP (M.D. Fla. Sep. 29, 2010)
    As stated above, Florida's long-arm statute has not been satisfied. Any alleged misappropriation did not occur within the State of Florida; therefore, § 48.183(1)(b) is not satisfied. Additionally, Lampman, Simon, and Crossheart are not liable for any breach of contract committed by Lorit on the basis of their membership in Lorit. Therefore, Plaintiff's allegations under § 48.193(1)(g) also fail.
    PAGE 12

  7. In re Amendments

    966 So. 2d 943 (Fla. 2007)   Cited 1 times
    The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes.
    PAGE 955

  8. Allen v. City of Miami

    Case No.: 03-21063-CIV-ALTONAGA/Bandstra (S.D. Fla. Nov. 14, 2003)   Cited 1 times
    Service by posting is permitted only in actions where the Court may obtain in rem jurisdiction over a thing or a piece of property, without obtaining in personam jurisdiction over the individual. See FLA. STAT. § 48.183 (allowing service by posting in landlord-tenant actions for possession of premises); FLA. STAT. § 49.10(1)(b) (allowing service by posting in actions (1) for dissolution or annulment of marriage, (2) for adoption, and (3) in which personal service of process or notice is not required by the statutes or the Constitution of Florida or the Constitution of the United States). In other words, "[s]ervice by posting is adequate to determine interest in the property but is not sufficient to obtain personal jurisdiction over the defendants for the purpose of entering a money judgment, which may be enforced against other asserts." Springbrook Commons, Ltd. v. Brown, 761 So.2d 1192, 1194 (Fla. 4th DCA 2000) ("[S]ervice upon property provides adequate notice to defendants for any claims against the property thereby conferring jurisdiction upon the court. . . . Although posting provides adequate service upon property for the person obtaining possession, substitute…

  9. Amendments to the Florida Rules of Civil Procedure

    858 So. 2d 1013 (Fla. 2003)   Cited 5 times
    The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes.
    PAGE 1041

  10. Springbrook Commons, Ltd. v. Brown

    761 So. 2d 1192 (Fla. Dist. Ct. App. 2000)   Cited 7 times
    IN AN EVICTION ACTION WHICH ONLY OBTAINS THE RELIEF OF POSSESSION, AND NOTICE OF THE ACTION IS GIVEN ONLY BY POSTING THE COMPLAINT ON THE FRONT DOOR OF THE PROPERTY PURSUANT TO SECTION 48.183, FLORIDA STATUTES (1999), CAN THE COURT ENTER A MONEY JUDGMENT FOR COSTS AGAINST THE TENANT?

    Cases from cite.case.law:

    BROWN, v. BNB INVESTMENT HOLDINGS, LLC,, 252 So. 3d 344 (Fla. App. Ct. 2018)

    . . . held that the '[f]ailure to adequately allege in the complaint a basis for long-arm jurisdiction under 48.183 . . .

    SEWELL WES v. COLEE, 132 So. 3d 1186 (Fla. Dist. Ct. App. 2014)

    . . . Sewell or post notice on the property pursuant to section 48.183, Florida Statutes (2003). . . .

    In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 966 So. 2d 943 (Fla. 2007)

    . . . 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 . . .

    AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE TWO YEAR CYCLE, 858 So. 2d 1013 (Fla. 2003)

    . . . 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 . . .

    AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

    . . . 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 . . .

    SPRINGBROOK COMMONS, LTD. v. BROWN,, 761 So. 2d 1192 (Fla. Dist. Ct. App. 2000)

    . . . ACTION IS GIVEN ONLY BY POSTING THE COMPLAINT ON THE FRONT DOOR OF THE PROPERTY PURSUANT TO SECTION 48.183 . . . served notice of the action by posting the complaint on the front door of the unit pursuant to section 48.183 . . .

    In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 682 So. 2d 105 (Fla. 1996)

    . . . 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 . . .

    In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 604 So. 2d 1110 (Fla. 1992)

    . . . 48.041 (service on minors), §-48.042 (service on incompetents), §-48.051 (service on state prisoners), §-48.183 . . .

    ESTEVEZ v. OLARTE, 47 Fla. Supp. 2d 86 (Dade Cty. Ct. 1991)

    . . . states that this new multi-lingual form or summons is to be used on natural persons under Florida State §48.183 . . .

    MARCRUM MANAGEMENT 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 . . .

    THE COLONY II ASSOCIATES, LTD. v. CROCKI In, 37 Fla. Supp. 2d 138 (Fla. Cty. Ct. 1989)

    . . . (See Florida Statutes §48.183). 8. . . .

    In AMENDMENTS TO RULES OF CIVIL PROCEDURE, 536 So. 2d 974 (Fla. 1988)

    . . . 48.041 (service on minors), § 48.042 (service on incompetents), § 48.051 (service on state prisoners), § 48.183 . . .

    WALLACE v. SHAW, 20 Fla. Supp. 2d 107 (Fla. Cir. Ct. 1986)

    . . . S. 48.183. . . .

    OGILVIE v. RUTLEDGE, 14 Fla. Supp. 2d 52 (Orange Cty. Ct. 1985)

    . . . Stat. 48.183 which permits posting applies only to landlord-tenant eviction cases, not the removal of . . .

    HAGER, v. ILLES, 431 So. 2d 1037 (Fla. Dist. Ct. App. 1983)

    . . . A deputy sheriff served process by posting the premises pursuant to Section 48.183, Florida Statutes . . . We would add our comment that Section 48.183, Florida Statutes (1981), which allows service by posting . . . The legislature may wish-to review Section 48.183 and make such changes as may be necessary to meet the . . .

    LEVY v. GILMAN, 2 Fla. Supp. 2d 46 (Orange Cty. Ct. 1982)

    . . . The only issue before the Court is whether §48.183, F.S.(1981), is unconstitutional because it violates . . . the summons was affected by posting on the door of the apartment on November 8, 1982, pursuant to §48.183 . . . Ct. 1975) but the only constitutional question addressed there was whether §48.183 was an unconstitutional . . . That §48.183 of the Florida Statutes (1981) be and the same is hereby declared unconstitutional and void . . .

    GREENE v. LINDSEY, 456 U.S. 444 (U.S. 1982)

    . . . . § 48.183 (1979); Kan. Stat. Ann. § 61-1805 (1976); Ky. Rev. Stat. § 454.030 (1975); La. Code Civ. . . .

    LANE v. BRITH,, 313 So. 2d 91 (Fla. Dist. Ct. App. 1975)

    . . . Service of process was made on appellants by posting on the property as provided in § 48.183, F.S.1973 . . .