Short answer. Florida law sets the rules for residential evictions statewide. In Hillsborough County, the case is filed with the Clerk of the Circuit Court and Comptroller, and the Sheriff’s Office serves court papers and carries out the writ of possession. Apollo Beach is in Hillsborough County.
Statewide rules vs. local administration
- Set by Florida law: when a notice is required, how long it must run, how the case is filed, what the tenant must do to respond, and what the writ of possession allows (Chapter 83, Part II, Florida Statutes).
- Handled locally: where and how papers are filed and recorded, how the court registry is administered, and how service of summonses and writs is requested and scheduled.
This guide covers the second group, using the official Clerk and Sheriff pages. It does not describe individual judges’ preferences or hearing calendars.
Who does what
Landlord: notice
For nonpayment of rent, the landlord first serves a three-day notice (excluding weekends and legal holidays). See what happens after the notice expires.
Clerk: filing and court registry
If the tenant does not pay or leave, the landlord files a complaint for possession in the county court where the property is located (Fla. Stat. § 83.59). The Clerk handles the filing and the court registry, where a tenant must deposit rent in most contested nonpayment cases. The Clerk cannot give legal advice.
Sheriff or authorized process server: service of the summons
The tenant must be served with the summons and complaint. The Sheriff’s Office publishes what it requires to serve an eviction summons. The Clerk’s page also describes an optional mailing service for serving the summons.
Court: response, default, or hearing
After service, the tenant has a short period, five days excluding weekends and legal holidays, to respond and, in most nonpayment cases, deposit rent into the registry (Fla. Stat. § 51.011, Fla. Stat. § 83.60). If the tenant does not, the landlord may ask for a default judgment. If the tenant does, a hearing may follow.
Clerk, then Sheriff: writ of possession
After a judgment for possession, the Clerk issues a writ. The Sheriff serves it, and the tenant has 24 hours after it is posted before possession is returned to the landlord (Fla. Stat. § 83.62). The Sheriff’s Office says a deputy is assigned and contacts the party named on the paperwork to schedule.
What the Sheriff’s Office asks for
According to the Sheriff’s published requirements for serving an eviction summons or a writ (revised June 2024), you should expect to provide:
- The original document with the Clerk’s seal or a statement that it was electronically filed, or a certified copy
- One copy per person to be served, per service
- The complaint, for a summons
- A valid address within Hillsborough County
- A self-addressed, stamped envelope for the return of service, and your contact information
- Payment of the service fee, which the Sheriff’s Office publishes
Fees and requirements change, so confirm them on the Sheriff’s page before you file rather than relying on any figure you read elsewhere.
How long does it take?
No one can promise a timeline. The Clerk’s page describes a simple, uncontested case with correct paperwork as moving in a matter of weeks, and it notes that contested cases take longer. Common causes of delay are covered in what can delay an eviction.
Example (hypothetical). A landlord files in Hillsborough County, but the address on the summons is outside the county. Because the Sheriff’s Office serves only addresses within Hillsborough County, the landlord has to arrange service another way, which adds time. Checking the address and the service requirements before filing can avoid that.
Who can file for an LLC?
The local offices do not change the statewide rule that entities generally must be represented by an attorney in court. See LLC landlords: can the owner handle an eviction?