Landlord, Tenant Forms With Instructions - Alachua County, Florida Page 3
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48Notice: Additional Requirement
Service of Process in Action for Possession of Premises
In an action for possession of any residential premises
section 48.183, Florida
Statutes,
imposes an additional requirement if a landlord causes or anticipates causing a defendant
to be served with a summons and complaint solely by having the Sheriff post the
summons and complaint at the property.
Therefore, if the landlord anticipates or is informed by the Sheriff that the defendant
cannot be served in person, the landlord must provide the Clerk of the Court with an
additional copy of the complaint and a pre-stamped envelope addressed to the
defendant at the premises involved in the proceeding.
At least five days must elapse after the Clerk mails the copy of the summons and
complaint to the defendant before a judgment for final removal of the defendant can be
entered.
48.183. Service of process in action for possession of
premises
(1) In an action for possession of any residential premises,
including those under chapters 83, 723, and 513, or nonresidential
premises, if the tenant cannot be found in the county or there is no
person 15 years of age or older residing at the tenant's usual place
of abode in the county after at least two attempts to obtain service
as provided above in this subsection, summons may be served by
attaching a copy to a conspicuous place on the property described
in the complaint or summons. The minimum time delay between
the two attempts to obtain service shall be 6 hours. Nothing herein
shall be construed as prohibiting service of process on a tenant as
is
otherwise
provided
on
defendants
in
civil
cases.
(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 place on the property described in the complaint
or summons, the landlord shall provide the clerk of the court with
an additional copy of the complaint and a prestamped envelope
addressed to the defendant at the premises involved in the
proceeding. The clerk of the court shall immediately mail the copy
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
must elapse from the date of service before a judgment for final
removal
of
the
defendant
may
be
entered.
History. – s. 4, ch 73-330; s. 1, ch. 75-34; s. 1, ch. 83-39; s. 2, ch 84-339; s. 4, ch 87-
405; s. 1, ch. 88-379; s. 2, ch. 96-410; s. 1, ch 2003-263
2010 Landlord Tenant Packet
3
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