Florida Statute 83.22 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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F.S. 83.22

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.

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Amendments to 83.22

Arrestable Offenses / Crimes under Fla. Stat. 83.22

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.22.

Annotations, Discussions, Cases:

Cases Citing Statute 83.22

Total Results: 7

Ago

Court: Florida Attorney General Reports | Date Filed: 2004-09-14

Snippet: Att'y Gen. Fla. 85-98 (1985), 85-9 (1985), and 83-22 (1983). 6 M.W. v. Davis, 756 So.2d 90 (Fla. 2000)

Downs v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-10-19

Citation: 438 So. 2d 1057, 1983 Fla. App. LEXIS 22527

Snippet: PER CURIAM. We affirm appellant’s conviction of robbery with a firearm. However, based on Bell v. State, 437 So.2d 1057 (1983) affirming in part and reversing in part, 411 So.2d 319 (Fla. 5th DCA 1982), we reverse the conviction of possession of a firearm while engaged in a criminal offense. ANSTEAD, C.J., and LETTS and GLICKSTEIN, JJ., concur.

Walker v. ITD Industries, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1983-09-14

Citation: 437 So. 2d 230

Snippet: Corporation, and Joseph J. O'Brien, Appellees. No. 83-22. District Court of Appeal of Florida, Second District

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-04-28

Snippet: surplus of the constitutional gas tax. See, AGO 83-22. In addition s 125.01(1)(m), F.S., which provides

Knight Manor One, Inc. v. Freeman

Court: District Court of Appeal of Florida | Date Filed: 1971-10-19

Citation: 254 So. 2d 375, 1971 Fla. App. LEXIS 5736

Snippet: process upon the defendant was attempted under § 83.22, Fla.Stat., F.S.A., which provides : “If the defendant

Smith v. Designers Industries, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1959-03-19

Citation: 109 So. 2d 776, 1959 Fla. App. LEXIS 3113

Snippet: action for removal of the tenant pursuant to F.S. § 83.22, F.S. A., and while such suit was pending, commenced

Lorenzo v. Murphy

Court: Supreme Court of Florida | Date Filed: 1947-11-07

Citation: 32 So. 2d 421, 159 Fla. 639, 1947 Fla. LEXIS 921

Snippet: personal service on Lopez was unnecessary. Section 83.22, Florida Statutes 1941, provides that upon the filing