83.22
Removal of tenant; service.
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83.22 Removal of tenant; service.—
(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 has no 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 shall serve the summons by attaching it to some part of the premises involved in the proceeding. The minimum time delay between the two attempts to obtain service shall be 6 hours.
(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 part of the premises involved in the proceeding, the landlord shall provide the clerk of the court with two additional copies of the complaint and two prestamped envelopes addressed to the defendant. One envelope shall be addressed to such address or location as has been designated by the tenant for receipt of notice in a written lease or other agreement or, if none has been designated, to the residence of the tenant, if known. The second envelope shall be addressed to the last known business address of the tenant. 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 shall be effective on the date of posting or mailing, whichever occurs later; and at least 5 days from the date of service must have elapsed before a judgment for final removal of the defendant may be entered.
History.—s. 2, ch. 3248, 1881; RS 1753; GS 2229; RGS 3537; CGL 5401; s. 1, ch. 22731, 1945; s. 34, ch. 67-254; s. 2, ch. 83-151; s. 3, ch. 84-339; s. 440, ch. 95-147.
Notes of Decisions
Cited in 5
cases, 1947–1989 · leading case: Lorenzo v. Murphy
Lorenzo v. Murphy (1947)
“Section 83.22, Florida Statutes 1941, provides that upon the filing of Petition for Removal of Tenant the: “County Judge shall issue his summons describing the premises of which the possession is demanded and requiring the person in possession, or claiming the possession thereof…”
Smith v. Designers Industries, Inc. (1959)
“After this notice was served the plaintiff brought an action for removal of the tenant pursuant to F.S. § 83.22, F.S. A., and while such suit was pending, commenced this suit for rent.”
Knight Manor One, Inc. v. Freeman (1971)
“Service of process upon the defendant was attempted under § 83.22, Fla.Stat., F.S.A., which provides : “If the defendant cannot be found in the county in which the action is pending and either he has no usual place of *376 abode in the county or there is no person of his family…”
Jag Enterprises v. E&G Associates, Inc. (1989)
“Section 83.22(1) which allows service by posting to the premises when a defendant cannot be found within the county.”
Sussman v. Issac (1971)
“F. S. 83.22 states as follows — *51 “Removal of tenant; Service.”
— 83.22(1) — 1 case
Jag Enterprises v. E&G Associates, Inc. (1989)
“Section 83.22(1) which allows service by posting to the premises when a defendant cannot be found within the county.”
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