ENROLLED
HB 441, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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An act relating to removal of unknown parties in 2
possession; amending s. 48.184, F.S.; revising 3
requirements for service on unknown parties in 4
possession; providing an effective date. 5
6
Be It Enacted by the Legislature of the State of Florida: 7
8
Section 1. Section 48.184, Florida Statutes, is amended to 9
read: 10
48.184 Service of process for removal of unknown parties 11
in possession.— 12
(1) This section applies only to action s governed by s. 13
82.03, s. 83.21, s. 83.59, or s. 723.061 and only to the extent 14
that such actions seek relief for the removal of an unknown 15
party or parties in possession of real property. The provisions 16
of this section are cumulative to other provisions of law or 17
rules of court about service of process, and all other such 18
provisions are cumulative to this section. 19
(2) A summons must be issued in the name of "Unknown Party 20
or Parties in Possession" when the name of an occupant or 21
occupants of real property is not known to the plaintiff and the 22
property may be or is known to be occupied by an the unknown 23
party is identified in the complaint and summons . A separate 24
summons must be issued for each such unknown occupant. 25
ENROLLED
HB 441, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0441-02-er
Page 2 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) The plaintiff shall attempt to s erve the summons on 26
any unknown occupant of the property described in the summons 27
and complaint. If service on the unknown occupant or occupants 28
is not effectuated on the first attempt, at least two additional 29
attempts must be made. The three attempts to o btain service must 30
be made once during business hours, once during nonbusiness 31
hours, and once during a weekend. The process server shall make 32
an inquiry as to the name of the unknown occupant or occupants 33
at the time of service. The return of service must note the name 34
of every the occupant if obtained by the process server or state 35
that the name of the occupant or occupants could not be obtained 36
after inquiry. If the name of an the occupant becomes known to 37
the plaintiff through the return of service or o therwise, 38
without notice or hearing thereon, all subsequent proceedings 39
must be conducted under the true name of such occupant and all 40
prior proceedings are deemed amended accordingly. 41
(4) Service of process must also be made on unknown 42
occupants by both of the following means: 43
(a) By attaching a copy of the summons and complaint to a 44
conspicuous location on the premises involved in the 45
proceedings. 46
(b) Upon issuance of the summons, by the plaintiff 47
providing the clerk of the court with one additional copy of the 48
summons and complaint for each unknown occupant and a prestamped 49
envelope for each unknown occupant addressed to the unknown 50
ENROLLED
HB 441, Engrossed 1 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0441-02-er
Page 3 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
occupant at the address of the premises involved in the 51
proceedings. The clerk of the court shall immediately mail a 52
copy of the summons and complaint by first -class mail, note the 53
fact of mailing in the docket, and file a certificate in the 54
court file of the fact and date of mailing. The clerk of the 55
court shall charge such fees for such services as provided by 56
law. 57
(5) Service is effective on the unknown occupant or 58
occupants in possession on the later of the date that personal 59
service is made, the date of attaching the summons and complaint 60
to a conspicuous location on the premises, or upon mailing by 61
the clerk. 62
(6) The judgment and writ of possession must refer to any 63
unknown occupant in possession by name if the name is shown on 64
the return of service or is otherwise known to the plaintiff. If 65
the name of any unknown occupant in possession is not shown on 66
the return of service or otherwise known to the plaintiff and 67
service has been effectuated as provided in this section, the 68
judgment and writ of possession must refer to the each such 69
person as "Unknown Party or Parties in Possession," and the writ 70
of possession must be executed by the sheriff by dispossessing 71
all of the occupants and placing the plaintiff in possession of 72
the property. 73
Section 2. This act shall take effect July 1, 2023. 74