Florida Statute 49.41 - 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. 49.041

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.

History.—s. 4, ch. 20452, 1941; s. 5, ch. 67-254; s. 4, ch. 77-121; s. 287, ch. 95-147.

Note.—Former s. 48.04.

F.S. 49.041 on Google Scholar

F.S. 49.041 on CourtListener

Amendments to 49.041

Annotations, Discussions, Cases:

Cases Citing Statute 49.041

Total Results: 46

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

requirements of section 48.04, F.S. 1951 [now section 49.041], and this fact is not questioned." Id. at

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

requirements of section 48.04, F.S. 1951 [now section 49.041], and this fact is not questioned." Id. at

Gmaz v. King

238 So. 2d 511

District Court of Appeal of Florida | Filed: Aug 19, 1970 | Docket: 552377

Cited 15 times | Published

A.C.J., and MANN, J., concur. NOTES [1] Now § 49.041(1), F.S.A. [2] Appellant Vann actually resided

Estate of Bobinger v. Deltona Corp.

563 So. 2d 739, 1990 WL 77248

District Court of Appeal of Florida | Filed: Jun 8, 1990 | Docket: 1682839

Cited 14 times | Published

stating the residence "as particularly as is known." § 49.041(1), Fla. Stat. (1987). Although the record does

Shepheard v. Deutsche Bank Trust Co.

922 So. 2d 340, 2006 WL 435697

District Court of Appeal of Florida | Filed: Feb 24, 2006 | Docket: 1282633

Cited 11 times | Published

discover the name and residence of such person." § 49.041, Fla. Stat. (2005). Here, Deutsche Bank's affidavit

Canzoniero v. Canzoniero

305 So. 2d 801

District Court of Appeal of Florida | Filed: Jan 10, 1975 | Docket: 1512343

Cited 11 times | Published

reverse. *802 The controlling statute is Fla. Stat. 49.041 (1973): "49.041 Sworn statement, natural person

Gans v. Heathgate-Sunflower Homeowners Ass'n, Inc.

593 So. 2d 549, 1992 Fla. App. LEXIS 324, 1992 WL 7201

District Court of Appeal of Florida | Filed: Jan 22, 1992 | Docket: 2541536

Cited 10 times | Published

confer jurisdiction. Taylor, 358 So.2d at 70. Section 49.041, Florida Statutes (1987) reads in pertinent

Callaghan v. Callaghan

337 So. 2d 986

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

Cited 9 times | Published

must be sworn to are delineated by Fla. Stat. § 49.041, which provides: "The sworn statement of the plaintiff

Overholser v. Overstreet

383 So. 2d 953

District Court of Appeal of Florida | Filed: May 20, 1980 | Docket: 457374

Cited 8 times | Published

constructive service of process pursuant to Section 49.041(3)(c), Florida Statutes (1979). The notice

Southeast and Associates, Inc. v. Fox Run Homeowners Ass'n, Inc.

704 So. 2d 694, 1997 WL 795632

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 1354487

Cited 7 times | Published

foreclosure sale to Southeast. Florida Statute Section 49.041 provides that a person may be served by publication

Mayo v. Mayo

344 So. 2d 933

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

Cited 7 times | Published

requirements for the sworn statement are governed by Section 49.041, Florida Statutes, which provides: Sworn statement

Phillips v. Guin & Hunt, Inc.

344 So. 2d 568

Supreme Court of Florida | Filed: Mar 31, 1977 | Docket: 474668

Cited 6 times | Published

be impossible. This procedure is required by Section 49.041, Florida Statutes, when service by publication

Castro v. Charter Club, Inc.

114 So. 3d 1055, 2013 WL 2420477, 2013 Fla. App. LEXIS 8852

District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60231730

Cited 5 times | Published

as particularly as is known to the affiant....” § 49.041(1), Fla. Stat. (2009). Therefore, in order to

In Re Amendments to the Florida Rules of Civil Procedure

44 So. 3d 555, 2010 WL 455295

Supreme Court of Florida | Filed: Jun 3, 2010 | Docket: 2398664

Cited 5 times | Published

modify the form to incorporate it. Finally, section 49.041, Florida Statutes (2009), sets forth the minimum

Lewis v. Fifth Third Mortgage Co.

38 So. 3d 157, 2010 Fla. App. LEXIS 1362, 2010 WL 445896

District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 60294555

Cited 4 times | Published

affidavit of diligent search in compliance with section 49.041, Florida Statutes (2008).3 Constructive service

Matsumoto v. AMERICAN BURIAL AND CREMATION

949 So. 2d 1054, 2006 WL 3733310

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 1720049

Cited 4 times | Published

process, to locate the unavailable next of kin. See § 49.041(1), Fla. Stat. (2002). The statute does not impose

Godsell v. United Guar. Residential Ins.

923 So. 2d 1209, 2006 WL 664227

District Court of Appeal of Florida | Filed: Mar 17, 2006 | Docket: 1496428

Cited 3 times | Published

alleges compliance with the requirements of section 49.041. Id. at 1224. This principle applies, as the

Taylor v. Lopez

358 So. 2d 69

District Court of Appeal of Florida | Filed: Apr 18, 1978 | Docket: 1691056

Cited 3 times | Published

attempting to obtain constructive service under F.S. 49.041, the affidavit filed as the basis for such service

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

to service by publication. They contend that section 49.041 requires that they search diligently only for

Tulpere v. DUVAL FED. S & L ASSOC.

548 So. 2d 1190

District Court of Appeal of Florida | Filed: Sep 27, 1989 | Docket: 1557691

Cited 2 times | Published

upon the plaintiff to show why compliance with section 49.041(3)(c), Florida Statutes, was not required.

In Re Petition of Scala

523 So. 2d 714, 1988 WL 35645

District Court of Appeal of Florida | Filed: Apr 6, 1988 | Docket: 472880

Cited 2 times | Published

ex-husband's residence was unknown to her. [Also see section 49.041(3)(a).] The father, seeking cancellation of

Meiliunas v. O'LEARY

483 So. 2d 509, 11 Fla. L. Weekly 463

District Court of Appeal of Florida | Filed: Feb 19, 1986 | Docket: 159903

Cited 2 times | Published

Chapter 49, Florida Statutes. As required by section 49.041, Florida Statutes (1985), appellant's attorney

Wiggins v. Portmay Corp.

432 So. 2d 802

District Court of Appeal of Florida | Filed: Jun 15, 1983 | Docket: 1264626

Cited 2 times | Published

does not meet the technical requirements of Section 49.041, Florida Statutes, which requires not only

Martins v. Oaks Master Property Owners Ass'n

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

District Court of Appeal of Florida | Filed: Nov 14, 2014 | Docket: 60246504

Cited 1 times | Published

would bind said absent or concealed defendant. § 49.041, Fla. Stat. (2010). “If the constructive service

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

and if known, is included in the affidavit. Section 49.041, Florida Statutes (2006). Section 39.803(6)

Me v. Nps

804 So. 2d 548, 2002 WL 54045

District Court of Appeal of Florida | Filed: Jan 16, 2002 | Docket: 1699445

Cited 1 times | Published

process server is not sworn, as required by section 49.041. "Strict compliance with constructive service

Stephen Grudenic v. Sundeep Singh

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098937

Published

affidavit of diligent search, filed pursuant to section 49.041, Florida Statutes (2023), was sufficient on

GUILLERMO L. SIERRA and LILIANA GARCIA v. U.S. BANK TRUST, N.A., ETC.

District Court of Appeal of Florida | Filed: Jul 1, 2020 | Docket: 17314111

Published

not strictly comply with the requirements of section 49.041(3), Florida Statutes (2019). That statutory

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

260 So. 3d 313

District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8338756

Published

Fla. Stat. (2017); § 49.021, Fla. Stat. (2017); § 49.041, Fla. Stat. (2017); Martins v. Oaks Master Prop

Mazine v. Branch Banking & Trust Co.

156 So. 3d 579, 2015 Fla. App. LEXIS 1002, 2015 WL 357083

District Court of Appeal of Florida | Filed: Jan 28, 2015 | Docket: 60245818

Published

publication would be permitted pursuant to section 49.041(3)(c),. Florida Statutes (2013), Appellee concedes

Mazine v. Branch Banking

District Court of Appeal of Florida | Filed: Jan 28, 2015 | Docket: 2628627

Published

publication would be permitted pursuant to section 49.041(3)(c), Florida Statutes (2013), Appellee concedes

Peysina v. Deutsche Bank National Trust Co.

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

District Court of Appeal of Florida | Filed: Jul 10, 2013 | Docket: 60233131

Published

diligent search and inquiry requirement of section 49.041, Florida Statutes, “the test is whether the

Crystal Clear Holdings, LLC v. Gosman

59 So. 3d 1170, 2011 Fla. App. LEXIS 3425, 2011 WL 799756

District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 60299574

Published

PER CURIAM. Affirmed. § 49.041, Fla. Stat. (2009); Miller v. Partin, 31 So.3d 224 (Fla. 5th DCA 2010)

Miller v. Partin

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

District Court of Appeal of Florida | Filed: Mar 12, 2010 | Docket: 1151436

Published

070(e), Florida Rules of Civil Procedure, and by section 49.041, Florida Statutes (2007). In addition, the

Kopecky v. Kopecka

967 So. 2d 1109, 2007 Fla. App. LEXIS 18148, 2007 WL 3355576

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 64853036

Published

would bind said absent or concealed defendant. § 49.041, Fla. Stat. (2007). Thereafter, the plaintiff

M.E. v. N.P.S.

804 So. 2d 548, 2002 Fla. App. LEXIS 232

District Court of Appeal of Florida | Filed: Jan 16, 2002 | Docket: 64811603

Published

process server is not sworn, as required by section 49.041. “Strict compliance with constructive service

Edmondson v. Green

755 So. 2d 701, 1999 Fla. App. LEXIS 10466, 1999 WL 565818

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 64796734

Published

service affidavit was deficient pursuant to section 49.041(3)(c), Florida Statutes (1997), because it

Santini v. Resolution Trust Corp.

660 So. 2d 1151, 1995 Fla. App. LEXIS 9955, 1995 WL 557605

District Court of Appeal of Florida | Filed: Sep 22, 1995 | Docket: 64759073

Published

Corporation (Resolution Trust) failed to comply with section 49.041, Florida Statutes (1993), and reverse. Service

Tulpere v. Duval Federal Savings & Loan Ass'n of Jacksonville

575 So. 2d 801, 1991 Fla. App. LEXIS 2187, 1991 WL 32113

District Court of Appeal of Florida | Filed: Mar 13, 1991 | Docket: 64656907

Published

is insufficient under [the] circumstances.” Section 49.041, Florida Statutes (1987), governing constructive

Onofrio v. Onofrio

564 So. 2d 1215, 1990 Fla. App. LEXIS 5635, 1990 WL 107807

District Court of Appeal of Florida | Filed: Jul 31, 1990 | Docket: 64652011

Published

served constructively by publication under section 49.041, Florida Statutes (1971). Dissolution of marriage

Hunter v. Glendale Federal Savings & Loan Ass'n

555 So. 2d 900, 1990 Fla. App. LEXIS 112, 1990 WL 1049

District Court of Appeal of Florida | Filed: Jan 10, 1990 | Docket: 64647582

Published

affidavit submitted by Glendale, pursuant to section 49.041 Fla.Stat. (1987), on diligent search and inquiry

Tulpere v. Duval Federal Savings & Loan Ass'n

548 So. 2d 1190, 14 Fla. L. Weekly 2288, 1989 Fla. App. LEXIS 5175

District Court of Appeal of Florida | Filed: Sep 27, 1989 | Docket: 64644927

Published

upon the plaintiff to show why compliance with section 49.041(3)(c), Florida Statutes, was not required.

Palomino v. Federal National Mortgage Ass'n

504 So. 2d 445, 12 Fla. L. Weekly 666, 1987 Fla. App. LEXIS 7126

District Court of Appeal of Florida | Filed: Mar 3, 1987 | Docket: 64625993

Published

return of service affidavit did not comply with section 49.041, Florida Statutes (1985). The trial court held

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

or in an affidavit or other sworn statement. Section 49.041 provides further that the sworn statement shall

Dexter v. Home Federal Savings & Loan Ass'n of Hollywood

343 So. 2d 885

District Court of Appeal of Florida | Filed: Feb 18, 1977 | Docket: 64557695

Published

affidavit strictly conforms to the requirements of Section 49.041, Florida Statutes. Hearing was held on the

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

to ascertain Mrs. Downing’s residence. Florida Statute 49.041, F.S.A. requires that the sworn statement