Florida Statutes

Fla. Stat. § 82.05 (2025)

Service of process.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 4 cases, 1957–2020 · leading case: Csc Serviceworks, Inc. v. Boca Bayou Condo Assoc., Etc., & Com. Laundries Inc., 240 So. 3d 12 (Fla. 4th DCA 2018).

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Csc Serviceworks, Inc. v. Boca Bayou Condo Assoc., Etc., & Com. Laundries Inc., 240 So. 3d 12 (Fla. 4th DCA 2018). · cites it 2× “See § 82.05, Fla. Stat. (2017) (providing that “[n]o question of title, but only right of possession and damages, is involved in the action” of unlawful detainer); Se.”

Se. Fid. Ins. Co. v. Berman, 231 So. 2d 249 (Fla. 3d DCA 1970). · cites it 2× “See § 82.05, Fla.Stat, F.S.A. This means the present right of possession and not the ultimate right and has reference to the right of possession to be determined under the issues made by the pleadings prescribed by statute.”

Csc Serviceworks, Inc. v. Boca Bayou Condo. Ass'n, Inc. (Fla. 4th DCA 2020). · cites it 2× “See § 82.05, Fla. Stat. (2017) (providing that “[n]o question of title, but only right of possession and damages, is involved in the action” of unlawful detainer); Se.”

Dorsey v. Horne, 11 Fla. Supp. 149 (Palm Beach Cty. J. Ct. 1957). “” F.S.A. 82.05. *151 “In cases of forcible entry and unlawful detainer the jury shall be sworn to well and truly try whether the defendant at any time within three years before the filing of the complaint, did forcibly or unlawfully enter upon the property in the complaint…”

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