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FL S0522

Bill

Status

Introduced

2/6/2023

Primary Sponsor

Judiciary

Click for details

Origin

Senate

2023 Regular Session

AI Summary

  • Amends Florida Statute 48.184 to allow a single summons issued in the name of "Unknown Party or Parties in Possession" rather than requiring a separate summons for each unknown occupant of real property
  • Applies only to eviction and removal actions governed by sections 82.03, 83.21, 83.59, or 723.061 of Florida law
  • Requires three attempts at service—once during business hours, once during nonbusiness hours, and once during a weekend—along with posting a copy on the premises and mailing via first-class mail by the clerk of court
  • Mandates that process servers inquire about the names of all unknown occupants at the time of service, and if a name is later discovered, all subsequent proceedings must use the true name with prior proceedings deemed amended accordingly
  • Provides that if unknown occupants' names remain unknown after proper service, the judgment and writ of possession may refer to "Unknown Party or Parties in Possession," authorizing the sheriff to dispossess all occupants; effective date is July 1, 2023

Legislative Description

Removal of Unknown Parties in Possession

Last Action

Laid on Table, companion bill(s) passed, see HB 441 (Ch. 2023-124)

5/2/2023

Committee Referrals

Rules4/5/2023
Community Affairs3/30/2023

Full Bill Text

No bill text available