Florida Statutes

Fla. Stat. § 49.10 (2025)

Notice of action, publication, proof.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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49.10 Notice of action, publication, proof.—

(1)(a) All notices of action, except those referred to in paragraphs (b) and (c), shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in some newspaper published in the county where the court is located. The newspaper shall meet such requirements as are prescribed by law for such purpose.

(b) In proceedings described in s. 49.011(4), (10), and (11), the clerk of the court shall post notices of action in the manner prescribed by s. 49.11 when such notices are required of persons authorized to proceed as indigent under s. 57.081.

(c) Notices of action in foreclosure proceedings as defined in s. 702.09 shall be published once during each week for 2 consecutive weeks (two publications being sufficient) in some newspaper published in the county where the court is located. The newspaper shall meet such requirements as are prescribed by law for such purpose.

(2) Proof of publication shall be made by affidavit of the owner, publisher, proprietor, editor, business manager, foreman or other officer or employee of the newspaper having knowledge of such publication. The affidavit shall set forth or have attached a copy of the notice, shall set forth the dates of each publication and otherwise comply with the requirements of law.

History.—s. 10, ch. 20452, 1941; s. 5, ch. 28301, 1953; s. 2, ch. 29737, 1955; s. 5, ch. 67-254; s. 2, ch. 74-152; s. 1, ch. 75-205; s. 8, ch. 93-250; s. 67, ch. 2003-402.

Note.—Former s. 48.10.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1976–2025 · leading case: In Interest of DP, 595 So. 2d 62 (Fla. 1st DCA 1992).

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In Interest of DP, 595 So. 2d 62 (Fla. 1st DCA 1992). · cites it 4× “09, and § 49.10, Fla. Stat. As to the notice requirements prior to a termination hearing, our prior opinion states: We therefore find it appropriate to apply the 28-day minimum set out in section 49.”

Sheppard v. Sheppard, 329 So. 2d 1 (Fla. 1976). · cites it 6× “I concur in the judgment of the Court and in the view that the posting procedure which the legislature has prescribed by Fla.”

Kopecky v. Kopecka, 967 So. 2d 1109 (Fla. 4th DCA 2007). · cites it 4× “” § 49.10(1)(a), Fla. Stat. (2007). Finally, the plaintiff must file an affidavit constituting proof of publication with the trial court, with a copy of the publication attached.”

Davis v. DeSantis (M.D. Fla. 2020). · cites it 2× “6 See Fla. Stat. § 49.10 (1)(a) (“All notices of action, except those referred to in paragraphs (b) and (c), shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in some newspaper published in the county where the court is 6 This…”

Jager (M.D. Fla. 2025). · cites it 2× “” Fla. Stat. § 49.10 (1)(a). Moreover, “[w]hen a plaintiff seeks service of process by publication, due process demands that an honest and conscientious effort, reasonably appropriate to the circumstances, be made to acquire the information necessary to fully comply with the…”

Kirkland v. Kirkland, 49 Fla. Supp. 31 (Fla. Cir. Ct. 1978). “, for the legal service of process by publication under Section 49.10, F. S., as permitted in actions for the dissolution of marriage by Section 49.”

— 49.10(1)(a) — 1 case

Kopecky v. Kopecka, 967 So. 2d 1109 (Fla. 4th DCA 2007). “” § 49.10(1)(a), Fla. Stat. (2007). Finally, the plaintiff must file an affidavit constituting proof of publication with the trial court, with a copy of the publication attached.”

— 49.10(1)(b) — 1 case

Sheppard v. Sheppard, 329 So. 2d 1 (Fla. 1976). “I concur in the judgment of the Court and in the view that the posting procedure which the legislature has prescribed by Fla.”

— 49.10(2) — 1 case

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