Chapter 49 — Chapter 49
13 sections in this chapter.
Fla. Stat. § 49.011 Service of process by publication; cases in which allowed
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Service of process by publication may be made in any court on any party identified in s. 49.021 in any action or proceeding:(1) To enforce any legal or equitable lien or claim to any title or interest in real or personal property within the jurisdiction of the court or any fund h…
Fla. Stat. § 49.021 Service of process by publication, upon whom
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Where personal service of process or, if appropriate, service of process under s. 48.194 cannot be had, service of process by publication may be had upon any party, natural or corporate, known or unknown, including:(1) Any known or unknown natural person, and, when described as s…
Fla. Stat. § 49.031 Sworn statement as condition precedent
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(1) As a condition precedent to service by publication, a statement shall be filed in the action executed by the plaintiff, the plaintiff’s agent or attorney, setting forth substantially the matters hereafter required, which statement may be contained in a verified pleading, or i…
Fla. Stat. § 49.041 Sworn statement, natural person as defendant
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The sworn statement of the plaintiff, his or her agent or attorney, for service of process by publication against a natural person, shall show:(1) That diligent search and inquiry have been made to discover the name and residence of such person, and that the same is set forth in …
Fla. Stat. § 49.051 Sworn statement, corporation as defendant
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The sworn statement of the plaintiff, his or her agent or attorney, for service of process by publication against a corporation, shall show:(1) That diligent search and inquiry have been made to discover the true name, domicile, principal place of business, and status (that is, w…
Fla. Stat. § 49.061 Sworn statement, parties doing business under a corporate name as defendants
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The sworn statement of the plaintiff, his or her agent or attorney, for service of process by publication against parties who have or may have done business under a corporate name, shall show:(1) The name under which said parties have operated or done business; and(2) That, after…
Fla. Stat. § 49.071 Sworn statement, unknown parties as defendants
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(1) If relief is demanded against unknown parties, the sworn statement for service of process by publication against them shall show:(a) That affiant believes that there are persons who are or may be interested in the subject matter of the action or proceedings whose names, after…
Fla. Stat. § 49.08 Notice of action, form
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On filing the sworn statement, and otherwise complying with the foregoing requirements, the plaintiff is entitled to have issued by the clerk or judge, not later than 60 days after filing the sworn statement, a notice of action which notice shall set forth:(1) The names of the kn…
Fla. Stat. § 49.09 Notice of action, return day
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The notice of action, except in foreclosure proceedings as defined in s. 702.09, shall require the defendant to file written defenses with the clerk of the court and to serve a copy not later than the date fixed in said notice, which date shall be not less than 28 nor more than 6…
Fla. Stat. § 49.10 Notice of action, publication, proof
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(1)(a) All notices of action, except those referred to in paragraphs (b) and (c), shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in some newspaper published in the county where the court is located. The newspaper shall meet s…
Fla. Stat. § 49.11 Notice of action, posting, proof
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If there is no newspaper published in the county, three copies of the notice shall be posted at least 28 days before the return day thereof in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in said county. Proof of…
Fla. Stat. § 49.12 Mailing of notice of action
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If the residence of any party to be served by publication is stated in the sworn statement with more particularity than the name of the state or country in which the defendant resides, the clerk or the judge shall mail a copy of the notice by United States mail, with postage prep…
Fla. Stat. § 49.31 Appointment of ad litem
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(1) As used in this section, the term “ad litem” means an attorney, administrator, or guardian ad litem.(2) The court may appoint an ad litem for any party, whether known or unknown, upon whom service of process by publication under this chapter has been properly made and who has…