Florida Statutes
Fla. Stat. § 49.041 (2025)
Sworn statement, natural person as defendant.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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49.041 Sworn statement, natural person as defendant.—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 said sworn statement as particularly as is known to the affiant; and
(2) Whether such person is over or under the age of 18 years, if his or her age is known, or that the person’s age is unknown; and
(3) In addition to the above, that the residence of such person is, either:
(a) Unknown to the affiant; or
(b) In some state or country other than this state, stating said residence if known; or
(c) In the state, but that he or she has been absent from the state for more than 60 days next preceding the making of the sworn statement, or conceals himself or herself so that process cannot be personally served, and that affiant believes that there is no person in the state upon whom service of process would bind said absent or concealed defendant.
Note.—Former s. 48.04.
Notes of Decisions
Cited in 52
cases (5 in the last 5 years), 1970–2025 · leading case: In Re Amendments to the Florida Rules of Civil Procedure, 44 So. 3d 555 (Fla. 2010).
In Re Amendments to the Florida Rules of Civil Procedure, 44 So. 3d 555 (Fla. 2010). “§ 49.041, Fla. Stat. (2009). The form as proposed by the Task Force contains the required information, except for a statement whether the person is over or under the age of eighteen or that the person's age is unknown.”
Demars v. Vill. or Sandalwood Lakes, 625 So. 2d 1219 (Fla. 4th DCA 1993). “1955), involving a sworn statement that the affiant had made diligent search and inquiry as to the address of the defendant, the supreme court stated categorically, "[t]he language of the sworn statement for constructive service is a clear compliance with the statutory…”
Miller v. Partin, 31 So. 3d 224 (Fla. 5th DCA 2010). “070(e), Florida Rules of Civil Procedure, and by section 49.041, Florida Statutes (2007). In addition, the attorney af-fied that he had made a diligent search and inquiry to locate William Garnett as evidenced by the return of service from the Orange County Sheriffs Office.”
Castro v. Charter Club, Inc., 114 So. 3d 1055 (Fla. 3d DCA 2013). “Averments in conclusory terms are insufficient to satisfy the particularity required pursuant to section 49.041. Redfield Invs., A.V.V., 990 So.”
Shepheard v. Deutsche Bank Trust Co., 922 So. 2d 340 (Fla. 5th DCA 2006). “" § 49.041, Fla. Stat. (2005). Here, Deutsche Bank's affidavit of diligent search, which described the databases it searched, was facially sufficient because it "allege[d] that a diligent search and inquiry was made.”
United States v. Rodrigue, 645 F. Supp. 2d 1310 (Ct. Intl. Trade 2009). “” See PL’s Motion for Service by Publication at 3; Fla. Stat. § 49.041 (2008). However, none of the papers filed in sup *1336 port of the Government’s Motion for Service by Publication — the Carpió Declaration, the Affidavit of Diligent Search and Inquiry (executed by Ross…”
Gans v. Heathgate-Sunflower Homeowners Ass'n, Inc., 593 So. 2d 549 (Fla. 4th DCA 1992). “Section 49.041, Florida Statutes (1987) reads in pertinent part: Sworn statement, natural person as defendant.”
Est. of Bobinger v. Deltona Corp., 563 So. 2d 739 (Fla. 2d DCA 1990). “" § 49.041(1), Fla. Stat. (1987). Although the record does not contain the affidavits supporting constructive service that were filed in the quiet title suits, the complaint we review states that process in the quiet title suits was received by mail; therefore, it is obvious the…”
Callaghan v. Callaghan, 337 So. 2d 986 (Fla. 4th DCA 1976). “The matters which must be sworn to are delineated by Fla. Stat. § 49.041 , which provides: "The sworn statement of the plaintiff, his agent or attorney, for service of process by publication against a natural person, shall show: (1) That diligent search and inquiry have been…”
Matsumoto v. Am. Burial & Cremation, 949 So. 2d 1054 (Fla. 2d DCA 2006). “See § 49.041(1), Fla. Stat. (2002). The statute does not impose a due diligence requirement on funeral homes.”
Overholser v. Overstreet, 383 So. 2d 953 (Fla. 3d DCA 1980). “[2] The elisor was also unsuccessful in serving the defendants personally and, based upon his affidavit of that fact, plaintiffs procured an order authorizing constructive service of process pursuant to Section 49.041(3)(c), Florida Statutes (1979).”
Phillips v. Guin & Hunt, Inc., 344 So. 2d 568 (Fla. 1977). “This procedure is required by Section 49.041, Florida Statutes, when service by publication is substituted for personal service of process.”
— 49.041(1) — 4 cases
Est. of Bobinger v. Deltona Corp., 563 So. 2d 739 (Fla. 2d DCA 1990). “" § 49.041(1), Fla. Stat. (1987). Although the record does not contain the affidavits supporting constructive service that were filed in the quiet title suits, the complaint we review states that process in the quiet title suits was received by mail; therefore, it is obvious the…”
Matsumoto v. Am. Burial & Cremation, 949 So. 2d 1054 (Fla. 2d DCA 2006). “See § 49.041(1), Fla. Stat. (2002). The statute does not impose a due diligence requirement on funeral homes.”
Castro v. Charter Club, Inc., 114 So. 3d 1055 (Fla. 3d DCA 2013). “Averments in conclusory terms are insufficient to satisfy the particularity required pursuant to section 49.041. Redfield Invs., A.V.V., 990 So.”
Gmaz v. King, 238 So. 2d 511 (Fla. 2d DCA 1970).
— 49.041(3) — 1 case
Guillermo L. Sierra & Liliana Garcia v. U.S. Bank Trust, N.a., Etc. (Fla. 4th DCA 2020).
— 49.041(3)(a) — 4 cases
In Re Petition of Scala, 523 So. 2d 714 (Fla. 4th DCA 1988).
Guillermo L. Sierra & Liliana Garcia v. U.S. Bank Trust, N.a., Etc. (Fla. 4th DCA 2020).
Mazine v. Branch Banking (Fla. 3d DCA 2015).
Mazine v. Branch Banking & Trust Co., 156 So. 3d 579 (Fla. 3d DCA 2015).
— 49.041(3)(b) — 1 case
Guillermo L. Sierra & Liliana Garcia v. U.S. Bank Trust, N.a., Etc. (Fla. 4th DCA 2020).
— 49.041(3)(c) — 8 cases
Overholser v. Overstreet, 383 So. 2d 953 (Fla. 3d DCA 1980). “[2] The elisor was also unsuccessful in serving the defendants personally and, based upon his affidavit of that fact, plaintiffs procured an order authorizing constructive service of process pursuant to Section 49.041(3)(c), Florida Statutes (1979).”
Edmondson v. Green, 755 So. 2d 701 (Fla. 4th DCA 1999).
Tulpere v. Duval Fed. Sav. & Loan Ass'n, 548 So. 2d 1190 (Fla. 4th DCA 1989).
Tulpere v. Duval Fed. S & L Assoc., 548 So. 2d 1190 (Fla. 4th DCA 1989).
Tulpere v. Duval Fed. Sav. & Loan Ass'n of Jacksonville, 575 So. 2d 801 (Fla. 4th DCA 1991).
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