The Short Answer

In a Florida property case like a quiet title action, a defendant cannot always defeat the case simply by refusing certified mail or dodging the process server. Florida law provides alternative methods of service in certain real-property proceedings after specific conditions are met, including posting the summons and complaint on the property and having the clerk mail copies by first-class mail.

What Florida Law Says

Service of process is a due-process requirement, but Florida recognizes that real-property cases can stall if a defendant cannot be located in the county or there is no eligible person at the defendant’s local abode to accept service. In that situation, Florida law may allow service by posting the summons and complaint on a conspicuous part of the property involved, coupled with clerk mailing requirements—so the case can move forward even when a defendant is evasive.

The Statute

The primary law governing this issue is Fla. Stat. § 82.05.

This statute establishes that, after at least two attempts at service (separated by at least 6 hours) and if the defendant cannot be found in the county under the statute’s conditions, the sheriff must serve the summons and complaint by attaching them to a conspicuous part of the real property involved, with additional first-class mailing steps handled by the clerk and service becoming effective on the later of posting or mailing.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Fla. Stat. § 82.05 builds in timing requirements (including a minimum 6-hour gap between attempts and a waiting period before certain final relief), and upcoming hearings (like a preliminary injunction) can create practical deadlines where defective service can derail relief.
• Burden of Proof: If service is contested, you typically need a clean record showing the required attempts, the defendant’s unavailability in the county, and compliance with posting and clerk-mailing requirements—otherwise a motion to dismiss or a challenge to the court’s jurisdiction can gain traction.
• Exceptions: Whether your claim qualifies for this form of service, whether the defendant truly “cannot be found” under the statute, and how a limited appearance/motion practice affects the service dispute are fact-sensitive issues that can change the court’s options and your leverage.

Trying to handle this alone can lead to procedural errors or dismissal of your case—especially when the other side is actively litigating service and a hearing is approaching.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.