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Florida Statute 83.22 - Full Text and Legal Analysis Florida Statute 83.22 | Lawyer Caselaw & Research
Fla. Stat. § 83.22 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 83.22

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Lorenzo v. Murphy, 32 So. 2d 421 (Fla. 1947).

Cited 22 times | Published | Supreme Court of Florida | 159 Fla. 639, 1947 Fla. LEXIS 921

...ises was in Lorenzo and, as he based his right as derived from the alleged partnership, and that the partnership derived its right to possession from Lopez, who is claimed to be a member of the partnership, personal service on Lopez was unnecessary. 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...
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·Smith v. Designers Indus., Inc., 109 So. 2d 776 (Fla. Dist. Ct. App. 1959).

Cited 1 times | Published | District Court of Appeal of Florida | 1959 Fla. App. LEXIS 3113

action for removal of the tenant pursuant to F.S. § 83.22, F.S. A., and while such suit was pending, commenced
0 red0 yellow0 green1 procedural
Cert. denied(citing case) (1989)
phrase: "cert. denied"
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Knight Manor One, Inc. v. Freeman, 254 So. 2d 375 (Fla. 1st DCA 1971).

Published | Florida 1st District Court of Appeal | 1971 Fla. App. LEXIS 5736

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

This Florida statute resource is curated by Graham Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.