Florida Statute 49.011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 49
CONSTRUCTIVE SERVICE OF PROCESS

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F.S. 49.011

49.011 Service of process by publication; cases in which allowed.—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 held or debt owing by any party on whom process can be served within this state.

(2) To quiet title or remove any encumbrance, lien, or cloud on the title to any real or personal property within the jurisdiction of the court or any fund held or debt owing by any party on whom process can be served within this state.

(3) To partition real or personal property within the jurisdiction of the court.

(4) For dissolution or annulment of marriage.

(5) For the construction of any will, deed, contract, or other written instrument and for a judicial declaration or enforcement of any legal or equitable right, title, claim, lien, or interest thereunder.

(6) To reestablish a lost instrument or record which has or should have its situs within the jurisdiction of the court.

(7) In which a writ of replevin, garnishment, or attachment has been issued and executed.

(8) In which any other writ or process has been issued and executed which places any property, fund, or debt in the custody of a court.

(9) To revive a judgment by motion or scire facias.

(10) For adoption.

(11) In which personal service of process or notice is not required by the statutes or constitution of this state or by the Constitution of the United States.

(12) In probate or guardianship proceedings in which personal service of process or notice is not required by the statutes or constitution of this state or by the Constitution of the United States.

(13) For termination of parental rights pursuant to part VIII of chapter 39 or chapter 63.

(14) For temporary custody of a minor child, under chapter 751.

(15) To determine paternity, but only as to:

(a) The legal father in a paternity action in which another man is alleged to be the biological father, in which case it is necessary to serve process on the legal father in order to establish paternity with regard to the alleged biological father; or

(b) The legal mother when there is no legal father.

History.—s. 1, ch. 20452, 1941; s. 5, ch. 67-254; s. 15, ch. 71-355; s. 1, ch. 73-5; s. 1, ch. 73-300; s. 13, ch. 84-311; s. 7, ch. 93-104; s. 45, ch. 94-164; s. 14, ch. 98-280; s. 20, ch. 99-2; s. 1, ch. 2007-85; s. 2, ch. 2008-151; s. 8, ch. 2010-30; s. 44, ch. 2011-213; s. 16, ch. 2022-190.

Note.—Former s. 48.01.

F.S. 49.011 on Google Scholar

F.S. 49.011 on Casetext

Amendments to 49.011

Arrestable Offenses / Crimes under Fla. Stat. 49.011

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 49.011.

Annotations, Discussions, Cases:

Cases Citing Statute 49.011

Total Results: 20

Neil Agustus Cuff v. Robert Thirston, I I

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-01T00:00:00-07:00

Snippet: listed therein. See § 49.011(1)–(15), Fla. Stat. Simply stated, section 49.011 does not authorize or…not have properly granted such a request. Section 49.011, Florida Statutes (2022), permits service of process

CRAIG A. MARLOWE vs CITY OF ST. AUGUSTINE, KEVIN VAN DYKE, MARCY A. VAN DYKE, PAUL A. LEONARD AND SUSAN J. LEONARD, TRUSTEES OF THE LEONARD FAMILY REVOCABLE LIVING TRUST DATED 23RD JANUARY, 2007, ET AL

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-08T00:00:00-07:00

Snippet: property within the jurisdiction of the court.” § 49.011(2), Fla. Stat. (2015). “Where personal service

CRAIG A. MARLOWE vs CITY OF ST. AUGUSTINE, KEVIN VAN DYKE, MARCY A. VAN DYKE, PAUL A. LEONARD AND SUSAN J. LEONARD, TRUSTEES OF THE LEONARD FAMILY REVOCABLE LIVING TRUST DATED 23RD JANUARY, 2007, ET AL

Court: Fla. Dist. Ct. App. | Date Filed: 2023-07-14T00:00:00-07:00

Snippet: property within the jurisdiction of the court.” § 49.011(2), Fla. Stat. (2015). “Where personal service

ROGER QUISENBERRY v. DOUGLAS M. BATES

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-31T23:53:00-08:00

Snippet: used only in the types of cases listed in section 49.011, Florida Statutes (2020). “If constructive service…money judgment. See id. For that reason, “section 49.011 is not authorized for this type of action, which

ROGER QUISENBERRY v. DOUGLAS M. BATES

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-07T00:53:00-07:00

JOSH METNICK v. RIGHT OF THE DOT, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-31T00:53:00-07:00

Snippet: limited by section 49.011 to certain enumerated actions or proceedings. See § 49.011 (“Service of …authorized as a matter of law” under section 49.011(1). Section 49.011(1) recognizes the right to service by…service of process by publication under section 49.011, Florida Statutes (2021), is not authorized in…personal jurisdiction. Metnick argued that section 49.011 provides for service of process by publication…First Amended Complaint was improper under section 49.011. As such, the trial court failed to obtain personal

RAFAEL BENAVENTE and CLARA E. BENAVENTE v. OCEAN VILLAGE PROPERTY OWNERS ASSOC., INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-27T23:53:00-08:00

Snippet: 204 So. 3d 512, 515 (Fla. 4th DCA 2016); accord § 49.011, Fla. Stat. (2017); § 49.021, Fla. Stat. (2017)

Demir v. Schollmeier

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-27T23:53:00-08:00

Snippet: served defendant by publication under section 49.011. However, and as plaintiff commendably concedes…substituted service by publication under section 49.011 is not authorized for this type of action, which…service of process by publication under section 49.011 was not authorized for an action seeking damages…service of process by publication under section 49.011 was void in an action for damages arising out of

SADRAC ISNORD v. LAURENS MAGLOIRE ISNORD

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-19T00:53:00-07:00

Snippet: publication, as her whereabouts were unknown. See § 49.011(4), Fla. Stat. (2016); see also Zuccarello v. Zuccarello

Isnord v. Isnord

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-19T00:00:00-07:00

Citation: 222 So. 3d 602, 2017 Fla. App. LEXIS 10447, 2017 WL 3085333

Snippet: publication, as her whereabouts were unknown. See § 49.011(4), Fla. Stat. (2016); see also Zuccarello v. Zuccarello

Archer v. U.S. Bank National Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-31T00:00:00-07:00

Citation: 220 So. 3d 477, 2017 WL 1202683, 2017 Fla. App. LEXIS 4418

Snippet: constructive service by publication under [section 49.011(1), Florida, Statutes] cannot confer a court with…So.2d 1353, 1355 (Fla. 4th DCA 1986); see also § 49.011(1), Fla. Stat. (2013). Additionally, Archer

Martins v. Oaks Master Property Owners Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-14T00:00:00-08:00

Citation: 159 So. 3d 142, 2014 Fla. App. LEXIS 18683, 2014 WL 5877856

Snippet: easily ascertainable.” Id. Pursuant to sections 49.011(1) and 49.021(1), Florida Statutes (2010), service

Milanick v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-16T00:00:00-07:00

Citation: 147 So. 3d 34, 2014 Fla. App. LEXIS 7298, 2014 WL 1975652

Snippet: under section 49.011(1), Florida Statutes. This timely appeal followed. Section 49.011, Florida Statutes…whom process can be served within [Florida].” § 49.011(1), Fla. Stat. (2013). The case law is clear, however…defendant found in this state.”). Moreover, section 49.011 must be strictly construed against the party who

Peysina v. Deutsche Bank National Trust Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-10T00:00:00-07:00

Citation: 118 So. 3d 237, 2013 WL 3455747, 2013 Fla. App. LEXIS 10986

Snippet: and only in the kinds of cases listed in section 49.011, Florida Statutes.” Giron v. Ugly Mortg., Inc.,

Drury v. NATIONAL AUTO LENDERS, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-14T00:00:00-07:00

Citation: 83 So. 3d 951, 2012 WL 832813, 2012 Fla. App. LEXIS 4065

Snippet: with process by publication pursuant to section 49.011, Florida Statutes (2009), on the ground the judgment… then served Drury by publication under section 49.011, Florida Statutes. Although counsel for Drury&#…asserting service by publication pursuant to section 49.011 was neither a statutorily authorized nor a constitutionally…certain enumerated instances listed under section 49.011 of the Florida Statutes. "[S]trict and substantial…publication was proper in this case under section 49.011(1) of the Florida Statutes (2009), authorizing

Estela v. Cavalcanti

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-21T00:00:00-08:00

Citation: 76 So. 3d 1054, 2011 Fla. App. LEXIS 20460, 2011 WL 6372943

Snippet: the case is one of the kinds listed in section 49.011, Florida Statutes (2010)) is only permitted when

Scott-Lubin v. Lubin

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-08T00:00:00-08:00

Citation: 49 So. 3d 838, 2010 Fla. App. LEXIS 18812, 2010 WL 4962879

Snippet: Dieujuste, 496 So.2d 806, 808 (Fla.1986); see also § 49.011(4), Fla. Stat. (2006) (permitting service by publication

Florida Sheriffs Workers' Compensation Self-Insurance Fund v. Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-07T00:00:00-07:00

Citation: 40 So. 3d 792, 2010 Fla. App. LEXIS 9878, 2010 WL 2671801

Snippet: occurred on or after January 1, 1998." § 440.49(11), Fla. Stat. The SDTF continues to reimburse employers

Miller v. Partin

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-12T00:00:00-08:00

Citation: 31 So. 3d 224, 2010 Fla. App. LEXIS 3378, 2010 WL 837863

Snippet: may be utilized in any case allowed by section 49.011 upon any party, natural or corporation, known or… 49.021, Fla. Stat. (2007). Pursuant to section 49.011, service of process by publication may be utilized…property within the jurisdiction of the court. § 49.011(3), Fla. Stat. (2007). As a condition precedent

Lewis v. Fifth Third Mortgage Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-10T00:00:00-08:00

Citation: 38 So. 3d 157, 2010 Fla. App. LEXIS 1362

Snippet: publication in a foreclosure action is permitted, see § 49.011, Fla. Stat. (2007), a mortgage *164holder may only