Florida Statute 49.31 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 49
CONSTRUCTIVE SERVICE OF PROCESS

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F.S. 49.031

49.031 Sworn statement as condition precedent.—

(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 in an affidavit or other sworn statement.

(2) As used in this chapter:

(a) The word “plaintiff” means any party in the action who is entitled to service of original process on any other party to the action or any person who may be brought in or allowed to come in as a party by any lawful means.

(b) The word “defendant” means any party on whom service by publication is authorized by this chapter, without regard to his or her designation in the pleadings or position in the action.

(3) After the entry of a final judgment or decree in any action no sworn statement shall ever be held defective for failure to state a required fact if the fact otherwise appears from the record in the action.

History.—s. 3, ch. 20452, 1941; s. 2, ch. 28301, 1953; s. 5, ch. 67-254; s. 1, ch. 74-152; s. 286, ch. 95-147.

Note.—Former s. 48.03.

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Amendments to 49.031

Annotations, Discussions, Cases:

Cases Citing Statute 49.031

Total Results: 11

Demars v. VILLAGE OR SANDALWOOD LAKES

625 So. 2d 1219, 1993 WL 100150

District Court of Appeal of Florida | Filed: Apr 7, 1993 | Docket: 474012

Cited 20 times | Published

under the statute. This also is consistent with section 49.031(3), Florida Statutes (1991) which states: "[a]fter

Callaghan v. Callaghan

337 So. 2d 986

District Court of Appeal of Florida | Filed: Mar 26, 1976 | Docket: 1415400

Cited 9 times | Published

misstated respondent's mailing address. Fla. Stat. § 49.031 requires, as a condition precedent to service

Mayo v. Mayo

344 So. 2d 933

District Court of Appeal of Florida | Filed: Apr 13, 1977 | Docket: 474648

Cited 7 times | Published

action by the petitioner, his agent or attorney. Section 49.031(1), Florida Statutes. Where, as here, a natural

Honegger v. COASTAL FERTILIZER & SUPPLY

712 So. 2d 1161, 1998 WL 372398

District Court of Appeal of Florida | Filed: Jun 12, 1998 | Docket: 1471782

Cited 5 times | Published

statement for constructive service as required by section 49.031, Florida Statutes (1995), and the Naples Daily

Batchin v. Barnett Bank of Southwest Florida

647 So. 2d 211, 1994 Fla. App. LEXIS 7809, 1994 WL 406674

District Court of Appeal of Florida | Filed: Aug 5, 1994 | Docket: 2084441

Cited 5 times | Published

statement is a condition precedent to such service. § 49.031, Fla. Stat. (1991). A party seeking service under

Tindal v. Varner

667 So. 2d 890, 1996 WL 46594

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 159670

Cited 2 times | Published

judgment voidable. Demars, 625 So.2d at 1222. See § 49.031(3), Fla.Stat. (1993). Because Ms. Tindal's residence

Dept. of Children and Families v. JJE

953 So. 2d 659, 2007 Fla. App. LEXIS 4670

District Court of Appeal of Florida | Filed: Mar 30, 2007 | Docket: 1337831

Cited 1 times | Published

that personal service could not be obtained. Section 49.031(1) Florida Statutes (2006); Floyd. The sworn

Grier v. Florida Department of Children & Families

710 So. 2d 1384, 1998 Fla. App. LEXIS 7414, 1998 WL 314660

District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 64781017

Published

precedent to notice by publication as required by section 49.031(1), Florida Statutes, was not filed until after

Corneal v. O'Brien

707 So. 2d 908, 1998 Fla. App. LEXIS 2289, 1998 WL 103746

District Court of Appeal of Florida | Filed: Mar 11, 1998 | Docket: 64779713

Published

of diligent search as required by statute. See § 49.031, Fla. Stat. (1995). In sum, as *909defendant argues

Tompkins v. Barnett Bank of St. Johns County

478 So. 2d 878, 10 Fla. L. Weekly 2640, 1985 Fla. App. LEXIS 16962

District Court of Appeal of Florida | Filed: Nov 21, 1985 | Docket: 64615611

Published

property within the jurisdiction of the court. Section 49.031 provides: (1)As a condition precedent to service

Naples Park-Vanderbilt Beach Water District v. Downing

244 So. 2d 464, 1970 Fla. App. LEXIS 6582

District Court of Appeal of Florida | Filed: Dec 2, 1970 | Docket: 64518937

Published

requires that the sworn statement referred to in Fla.Stat. 49.031, F.S.A. shall show that diligent search and