Florida Statute 82.5 - Full Text and Legal Analysis

The 2025 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.

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F.S. 82.05 on CourtListener

Amendments to 82.05

Annotations, Discussions, Cases:

Cases Citing Statute 82.05

Total Results: 5

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

District Court of Appeal of Florida | Filed: Dec 2, 2020 | Docket: 18706934

Published

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.

240 So. 3d 12

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 6326630

Published

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

Russell v. North Broward Hospital

Court of Appeals for the Eleventh Circuit | Filed: Oct 2, 2003 | Docket: 397825

Published

apacity to qualify fo r FM LA lea ve. See 29 C.F .R. § 82 5.114( a)(2)(iii). But see Price v. Marathon Cheese

Danieli Corp. v. Russo

329 So. 2d 426, 1976 Fla. App. LEXIS 14087

District Court of Appeal of Florida | Filed: Apr 2, 1976 | Docket: 64553031

Published

relief by certiorari. See 2 Fla.Jur., Appeals, § 82; 5 Fla.Jur., Certiorari, § 26; Dairyland Insurance

Southeastern Fidelity Insurance Co. v. Berman

231 So. 2d 249, 1970 Fla. App. LEXIS 6909

District Court of Appeal of Florida | Filed: Feb 3, 1970 | Docket: 64513114

Published

involved in an action for unlawful detain-er. See § 82.05, Fla.Stat, F.S.A. This means the present right