Florida Statute 82.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 82
FORCIBLE ENTRY AND UNLAWFUL DETAINER

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F.S. 82.05

82.05 Service of process.—

(1) After at least two attempts to obtain service as provided by law, if the defendant cannot be found in the county in which the action is pending and either the defendant does not have a usual place of abode in the county or there is no person 15 years of age or older residing at the defendant’s usual place of abode in the county, the sheriff must serve the summons and complaint by attaching them to some conspicuous part of the real property involved in the proceeding. The minimum amount of time allowed between the two attempts to obtain service is 6 hours.

(2) If a plaintiff causes, or anticipates causing, a defendant to be served with a summons and complaint solely by attaching them to some conspicuous part of real property involved in the proceeding, the plaintiff must provide the clerk of the court with two additional copies of the summons and the complaint and two prestamped envelopes addressed to the defendant. One envelope must be addressed to the defendant’s residence, if known. The second envelope must be addressed to the defendant’s last known business address, if known. The clerk of the court shall immediately mail the copies 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 is effective on the date of posting or mailing, whichever occurs later, and at least 5 days must have elapsed after the date of service before a final judgment for removal of the defendant may be entered.

History.—s. 20, ch. 1630, 1868; RS 1691; GS 2156; RGS 3460; CGL 5313; s. 33, ch. 67-254; s. 7, ch. 2018-94.

F.S. 82.05 on Google Scholar

F.S. 82.05 on Casetext

Amendments to 82.05

Arrestable Offenses / Crimes under Fla. Stat. 82.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 82.05.

Annotations, Discussions, Cases:

Cases Citing Statute 82.05

Total Results: 20

CSC SERVICEWORKS, INC. v. BOCA BAYOU CONDOMINIUM ASSOCIATION, INC.

Court: District Court of Appeal of Florida | Date Filed: 2020-12-02

Snippet: issue in the unlawful detainer action. See § 82.05, Fla. Stat. (2017) (providing that “[n]o question

CSC SERVICEWORKS, INC. v. BOCA BAYOU CONDO ASSOC., etc., and COMMERCIAL LAUNDRIES INC.

Court: District Court of Appeal of Florida | Date Filed: 2018-03-07

Citation: 240 So. 3d 12

Snippet: at issue in the unlawful detainer action. See § 82.05, Fla. Stat. (2017) (providing that “[n]o question

Jimenez v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-10-13

Citation: 45 So. 3d 935, 2010 Fla. App. LEXIS 15599, 2010 WL 3984671

Snippet: sentencing guidelines, provided a sentencing range of 82.5 months to 137.5 months in prison; however, Florida

Duest v. State

Court: Supreme Court of Florida | Date Filed: 2009-02-19

Citation: 12 So. 3d 734, 34 Fla. L. Weekly Supp. 217, 2009 Fla. LEXIS 246, 2009 WL 395789

Snippet: included a handwritten note that stated: "2-16-82, 5 PM, Polygraph by Raoul Vincel, Passed." The State

Burns v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-03-07

Citation: 975 So. 2d 1212, 2008 WL 611629

Snippet: scoresheet, the maximum allowable sentence would be 82.5 months. *1214 On remand, the trial court must either

Hitchcock v. Hitchcock

Court: District Court of Appeal of Florida | Date Filed: 2007-10-30

Citation: 967 So. 2d 422, 2007 WL 3144853

Snippet: Clerk of Circuit Court pursuant to Sections 57.082(5) and 28.246(4), Florida Statutes. Because these

Stokes v. Florida Dept. of Corrections

Court: District Court of Appeal of Florida | Date Filed: 2007-01-19

Citation: 948 So. 2d 75, 2007 Fla. App. LEXIS 489, 2007 WL 120003

Snippet: the State that recent amendments to sections 57.082(5) and 28.246(4) authorize imposition of the lien

Terry v. McDonough

Court: District Court of Appeal of Florida | Date Filed: 2006-08-04

Citation: 935 So. 2d 81, 2006 WL 2190527

Snippet: to recent changes to sections 28.246(4) and 57.082(5), Florida Statutes, liens on inmate accounts are

Wagner v. McDonough

Court: District Court of Appeal of Florida | Date Filed: 2006-05-02

Citation: 927 So. 2d 216, 2006 WL 1140910

Snippet: relies upon certain recent amendments to sections 57.082(5) and 28.246(4) to support its theory that a lien

Hallmon v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-06-23

Citation: 876 So. 2d 662, 2004 Fla. App. LEXIS 8737, 2004 WL 1392301

Snippet: does he score? MR. COHN: He scores 82.5, 137.5 months. THE COURT: 82.5,137.5 months. MR. COHN: And we’ve

Bocher v. Glass

Court: District Court of Appeal of Florida | Date Filed: 2004-05-28

Citation: 874 So. 2d 701, 2004 WL 1175827

Snippet: society values paint on a canvas to the tune of $82.5 million." At that point, appellants objected and

Szymanowski v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-12-31

Citation: 870 So. 2d 137, 2003 Fla. App. LEXIS 19775, 2003 WL 23094912

Snippet: sentence of 110 months imprisonment based on a range of 82.5 to 137.5 months rather than to the maximum. He also

Y.H. v. F.L.H.

Court: District Court of Appeal of Florida | Date Filed: 2001-05-15

Citation: 784 So. 2d 565, 2001 Fla. App. LEXIS 6636

Snippet: birthparents, and consents for adoption. See § 63.082(5), Fla.Stat. (1999) (“Consent may be withdrawn only

Yh v. Flh

Court: District Court of Appeal of Florida | Date Filed: 2001-05-15

Citation: 784 So. 2d 565, 2001 WL 505254

Snippet: birthparents, and consents for adoption. See § 63.082(5), Fla.Stat. (1999) ("Consent may be withdrawn only

Murray v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-07-26

Citation: 764 So. 2d 825, 2000 Fla. App. LEXIS 9427, 2000 WL 1022339

Snippet: guidelines, his sentencing range was between 49.5 and 82.5 months.

TR v. Adoption Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1999-01-20

Citation: 724 So. 2d 1235, 1999 Fla. App. LEXIS 319, 1999 WL 18399

Snippet: with the acknowledgment of a notary. Section 63.082(5) provides that "[c]onsent may be withdrawn only

KC v. Adoption Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1998-12-16

Citation: 721 So. 2d 811, 1998 Fla. App. LEXIS 15884, 1998 WL 874913

Snippet: "obtained by fraud or duress." §§ 39.464(1); 63.082(5); In re Cox, 327 So.2d 776, 777-78 (Fla.1976)(absent

P.G. v. State, Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1993-07-14

Citation: 624 So. 2d 273, 1993 Fla. App. LEXIS 7504

Snippet: only if obtained by fraud or duress). Cf. § 63.082(5), Fla.Stat. (1991); In re Adoption of Doe, 543 So

In Interest of JRG

Court: District Court of Appeal of Florida | Date Filed: 1993-07-14

Citation: 624 So. 2d 273

Snippet: only if obtained by fraud or duress). Cf. § 63.082(5), Fla. Stat. (1991); In re Adoption of Doe, 543

Thomas v. State

Court: Supreme Court of Florida | Date Filed: 1993-01-07

Citation: 614 So. 2d 468, 1993 WL 1330

Snippet: of a municipal ordinance. Similarly, section 775.082(5), Florida Statutes (1989), relating to penalties