Florida Statutes

Fla. Stat. § 49.051 (2025)

Sworn statement, corporation as defendant.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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49.051 Sworn statement, corporation as defendant.—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, whether foreign, domestic, or dissolved) of the corporate defendant, and that the same is set forth in said sworn statement as particularly as is known to the affiant, and that diligent search and inquiry have also been made, to discover the names and whereabouts of all persons upon whom the service of process would bind the said corporation and that the same is specified as particularly as is known to the affiant; and

(2) Whether or not the corporation has ever qualified to do business in this state, unless shown to be a Florida corporation; and

(3) That all officers, directors, general managers, cashiers, resident agents, and business agents of the corporation, either:

(a) Are absent from the state; or

(b) Cannot be found within the state; or

(d) That their whereabouts are unknown to the affiant; or

(e) That said officers, directors, general managers, cashiers, resident agents, and business agents of the corporation are unknown to affiant.

History.—s. 5, ch. 20452, 1941; s. 5, ch. 67-254; s. 288, ch. 95-147.

Note.—Former s. 48.05.

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1980–2024 · leading case: Redfield Invs. v. Vill. of Pinecrest, 990 So. 2d 1135 (Fla. 3d DCA 2008).

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Redfield Invs. v. Vill. of Pinecrest, 990 So. 2d 1135 (Fla. 3d DCA 2008). · cites it 5× “Section 49.051, Florida Statutes (2006), contains explicit directions for service of process on a corporation.”

Green Emerald Homes, LLC v. Bank of New York Mellon, 204 So. 3d 512 (Fla. 4th DCA 2016). · cites it 5× “That section applies to sworn statements where a corporation is a defendant and specifically refers to resident agents. If we follow section 608.”

Alan Restaurant Corp. v. Walder, 399 So. 2d 1128 (Fla. 4th DCA 1981). · cites it 2× “On October 6, 1980, the Walders filed a motion asking the circuit court to enter an order allowing for service of process by publication against the Corporation pursuant to Section 49.051, Florida Statutes (1979). On November 7, 1980, the court (Latimer, J.”

Dade Erection Serv. v. Sims Crane Serv., 379 So. 2d 423 (Fla. 2d DCA 1980). “She also stated that she was not an employee or a stockholder of the corporation, and that she had never received service of process in connection with her husband's business, either on June 15 or at any other time.”

Inter Am. Coal v. She Ddf2-Fl2, 255 So. 3d 432 (Fla. 3d DCA 2018). · cites it 2× “In addition to challenging the sworn statement’s compliance with the requirements set forth in section 49.051, Florida Statutes, Inter American argued that it had lien 2 priority over SHE’s lien on the property.”

Perpro Sys. Int'l, Inc. v. Rickbeil, 668 So. 2d 319 (Fla. 4th DCA 1996). · cites it 5× “Appellant challenged the sufficiency of appellees’ affidavit of diligent search and inquiry and asserted that it did not comply with section 49.051, Florida Statutes (1993) and as such was insufficient to support service of process by publication.”

Coin Copies, Inc. v. Fin. Fed. Sav. & Loan Ass'n, 439 So. 2d 338 (Fla. 3d DCA 1983). · cites it 2× “, the defendant below, appeals from a non-final order denying its motion to quash service by publication made upon it pursuant to Section 49.051, Florida Statutes (1981). The appellant contends, and we agree, that the record, containing the affidavit of the attorney for the…”

Coin Copies, Inc. v. Fin. Fed. Sav. & Loan Ass'n, 472 So. 2d 869 (Fla. 3d DCA 1985). · cites it 2× “[Coin Copies] appeals from a non-final order denying its motion to quash the purported service by publication pursuant to section 49.051, Florida Statutes (1983), undertaken by Financial Federal Savings & Loan Association of Dade County.”

Sunblest Prods., Inc. v. Vroom Enter., Inc., 508 So. 2d 770 (Fla. 5th DCA 1987). · cites it 2× “Even if appellee is correct in its assertion that a money judgment can be obtained against a domestic corporation based on service of process by publication when no officers, directors or other agents of the corporation can be found within the state, *771 an issue we need not…”

Paul v. S.N.Y. Relocation Sys. Co. (D.N.M. 2024). “” Fla. Stat. Ann. § 49.051 (1), (3)(b), (c), (d); see also Fla.”

— 49.051(1) — 1 case

Redfield Invs. v. Vill. of Pinecrest, 990 So. 2d 1135 (Fla. 3d DCA 2008). “Section 49.051, Florida Statutes (2006), contains explicit directions for service of process on a corporation.”

— 49.051(3) — 1 case

Green Emerald Homes, LLC v. Bank of New York Mellon, 204 So. 3d 512 (Fla. 4th DCA 2016). “That section applies to sworn statements where a corporation is a defendant and specifically refers to resident agents. If we follow section 608.”

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