Florida Service of Process Update: New Requirements for “Unknown Party in Possession” Eviction Service
- Steve Navarrete
- 2 days ago
- 4 min read
Florida attorneys handling eviction and possession actions should be aware of an important change involving service on “Unknown Party or Parties in Possession.”
For years, posting eviction papers after unsuccessful personal service attempts followed the same general procedure for both named occupants and unknown occupants. Under Florida Statute § 48.183, process servers could post the summons and complaint after two unsuccessful attempts made at least 6 hours apart.
That rule still applies to named tenants or named occupants.
What changed is the procedure for serving “Unknown Party or Parties in Possession.”
Under Florida Statute § 48.184, service on unknown occupants now requires three attempts before posting can occur. Those attempts must include:
one attempt during business hours,
one attempt during nonbusiness hours, and
one weekend attempt.
Because service of process is generally not performed on Sundays in Florida, the weekend attempt will typically need to occur on Saturday.
If personal service is still unsuccessful after those attempts, the summons and complaint may then be posted conspicuously on the property and mailed by the clerk.
The updated requirements apply to service effectuated on or after October 1, 2025.
For attorneys, the practical impact is straightforward:
Possession cases involving unknown occupants may take longer before posting can legally occur.
Weekend coordination with process servers may now be necessary.
Returns of service should be updated to specifically document the three required attempts for “Unknown Party or Parties in Possession” under Fla. Stat. § 48.184, including business-hours, nonbusiness-hours, and weekend attempts before posting.
Incorrect posting procedures may create avoidable challenges to service or delay possession proceedings.
Link to Florida Statutes: https://www.leg.state.fl.us/STATUTES/
Complete statute copied and pasted here for your convenience on 5/6/2026:
48.184 Service of process for removal of unknown parties in possession.—
(1) This section applies only to actions governed by s. 82.03, s. 83.21, s. 83.59, or s. 723.061 and only to the extent that such actions seek relief for the removal of an unknown party or parties in possession of real property. The provisions of this section are cumulative to other provisions of law or rules of court about service of process, and all other such provisions are cumulative to this section.
(2) A summons must be issued in the name of “Unknown Party or Parties in Possession” when the name of an occupant or occupants of real property is not known to the plaintiff and the property may be or is known to be occupied by an unknown party.
(3) The plaintiff shall attempt to serve the summons on any unknown occupant of the property described in the summons and complaint. If service on the unknown occupant or occupants is not effectuated on the first attempt, at least two additional attempts must be made. The three attempts to obtain service must be made once during business hours, once during nonbusiness hours, and once during a weekend. The process server shall make an inquiry as to the name of the unknown occupant or occupants at the time of service. The return of service must note the name of every occupant if obtained by the process server or state that the name of the occupant or occupants could not be obtained after inquiry. If the name of an occupant becomes known to the plaintiff through the return of service or otherwise, without notice or hearing thereon, all subsequent proceedings must be conducted under the true name of such occupant and all prior proceedings are deemed amended accordingly.
(4) Service of process must also be made on unknown occupants by both of the following means:
(a) By attaching a copy of the summons and complaint to a conspicuous location on the premises involved in the proceedings.
(b) Upon issuance of the summons, by the plaintiff providing the clerk of the court with one additional copy of the summons and complaint for each unknown occupant and a prestamped envelope for each unknown occupant addressed to the unknown occupant at the address of the premises involved in the proceedings. The clerk of the court shall immediately mail a 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. The clerk of the court shall charge such fees for such services as provided by law.
(5) Service is effective on the unknown occupant or occupants in possession on the later of the date that personal service is made, the date of attaching the summons and complaint to a conspicuous location on the premises, or upon mailing by the clerk.
(6) The judgment and writ of possession must refer to any unknown occupant in possession by name if the name is shown on the return of service or is otherwise known to the plaintiff. If the name of any unknown occupant in possession is not shown on the return of service or otherwise known to the plaintiff and service has been effectuated as provided in this section, the judgment and writ of possession must refer to the “Unknown Party or Parties in Possession,” and the writ of possession must be executed by the sheriff by dispossessing all of the occupants and placing the plaintiff in possession of the property.
History.—s. 13, ch. 2022-190; s. 1, ch. 2023-124.
1Note.—Section 5, ch. 2025-13, provides:
“(1) The amendments made to chapter 48, Florida Statutes, by chapter 2022-190, Laws of Florida, apply to causes of action that accrued on or after January 2, 2023, and to all causes of action that accrued before January 2, 2023, for which service of process was effectuated on or after January 2, 2023.
“(2) Notwithstanding subsection (1), any service of process that occurred between January 2, 2023, and October 1, 2025, which has not been invalidated by a court, is valid if such service complied with either chapter 48, Florida Statutes, as amended by chapter 2022-190, Laws of Florida, or the laws governing service of process in effect before January 2, 2023, which would have applied in the absence of chapter 2022-190, Laws of Florida.
“(3) The amendments made by this act apply to all service of process made or effectuated on or after October 1, 2025, regardless of whether the cause of action accrued before, on, or after October 1, 2025.
“(4) This section does not extend or modify the time for challenging the validity of any service of process and does not revive any ability to challenge the validity of service of process which has previously been waived.”
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