Florida Statute 49.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 49
CONSTRUCTIVE SERVICE OF PROCESS

View Entire Chapter

F.S. 49.11

49.11 Notice of action, posting, proof.—If there is no newspaper published in the county, three copies of the notice shall be posted at least 28 days before the return day thereof in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in said county. Proof of posting shall be by affidavit of the person posting the notices, which affidavit shall include a copy of the notice posted and the date and places of its posting.

History.—s. 11, ch. 20452, 1941; s. 2, ch. 29737, 1955; s. 5, ch. 67-254.

Note.—Former s. 48.11.

F.S. 49.11 on Google Scholar

F.S. 49.11 on CourtListener

Amendments to 49.11

Annotations, Discussions, Cases:

Cases Citing Statute 49.11

Total Results: 73

Rafael Usatorres and Lidia Usatorres, His Wife v. Marina Mercante Nicaraguenses, S.A. D/B/A Mamenic Line, a Foreign Corporation

768 F.2d 1285, 3 Fed. R. Serv. 3d 740, 1985 U.S. App. LEXIS 21344

Court of Appeals for the Eleventh Circuit | Filed: Aug 16, 1985 | Docket: 400367

Cited 39 times | Published

service may be made by publication. Fla.Stat.Ann. § 49.011 (West Supp.1985). None of the categories involve

Florida Dept. of Revenue v. Cummings

930 So. 2d 604, 31 Fla. L. Weekly Supp. 275, 2006 Fla. LEXIS 808, 2006 WL 1277971

Supreme Court of Florida | Filed: May 11, 2006 | Docket: 1749480

Cited 33 times | Published

(2000) (requiring personal service); see also § 49.011, Fla. Stat. (2000) (listing the actions and proceedings

Bedford Computer Corp. v. Graphic Press, Inc.

484 So. 2d 1225, 11 Fla. L. Weekly 87, 1986 Fla. LEXIS 1724

Supreme Court of Florida | Filed: Mar 6, 1986 | Docket: 1344532

Cited 29 times | Published

constructive service of process under Fla. Stat. § 49.011, notice having been given not only by publication

Drake v. Scharlau

353 So. 2d 961

District Court of Appeal of Florida | Filed: Jan 13, 1978 | Docket: 1521840

Cited 24 times | Published

personam tort action like the instant one. See Section 49.011, Fla. Stat. (1975). See also, e.g., Ake v.

Mouzon v. Mouzon

458 So. 2d 381

District Court of Appeal of Florida | Filed: Nov 1, 1984 | Docket: 1733117

Cited 20 times | Published

final judgment. The court recognized that while section 49.011, Florida Statutes (1981) provides that service

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

Procedure § 8-17 (1989). Subsections (2) and (5) of section 49.011, Florida Statutes (1987), provide the court

Gelkop v. Gelkop

384 So. 2d 195

District Court of Appeal of Florida | Filed: May 20, 1980 | Docket: 1268882

Cited 14 times | Published

Lahr v. Lahr, 337 So.2d 837 (Fla. 2d DCA 1976); § 49.011(4), Fla. Stat. (1979). Indeed, the husband concedes

Grissom v. Dade County

293 So. 2d 59

Supreme Court of Florida | Filed: Mar 27, 1974 | Docket: 1754572

Cited 13 times | Published

directed to the natural mother pursuant to Section 49.011(10) Florida Statutes F.S.A. (1971). In Dade

Tjk v. Nb

237 So. 2d 592, 1970 Fla. App. LEXIS 6205

District Court of Appeal of Florida | Filed: Jul 17, 1970 | Docket: 1370474

Cited 12 times | Published

notion is satisfied by power over the thing. Section 49.011, Florida Statutes 1967, F.S.A., enumerates

Tjk v. Nb

237 So. 2d 592, 1970 Fla. App. LEXIS 6205

District Court of Appeal of Florida | Filed: Jul 17, 1970 | Docket: 1370474

Cited 12 times | Published

notion is satisfied by power over the thing. Section 49.011, Florida Statutes 1967, F.S.A., enumerates

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

process by publication in a foreclosure action. See § 49.011, Fla. Stat. (2003). However, it may do so only

Zieman v. Cosio

578 So. 2d 332, 1991 WL 45202

District Court of Appeal of Florida | Filed: Apr 2, 1991 | Docket: 440653

Cited 9 times | Published

that service by publication was proper under section 49.011(2), Florida Statutes (1989). We disagree. The

Callaghan v. Callaghan

337 So. 2d 986

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

Cited 9 times | Published

publication was attempted in accordance with Fla. Stat. § 49.011 (1973). Respondent did not appear in the cause

NEW ENGLAND RARE COIN GAL. v. Robertson

506 So. 2d 1161, 12 Fla. L. Weekly 1224

District Court of Appeal of Florida | Filed: May 12, 1987 | Docket: 2532745

Cited 8 times | Published

different actions and proceedings enumerated in Section 49.011, Florida Statutes (1985), is not available

Whigham v. Whigham

464 So. 2d 674, 10 Fla. L. Weekly 624

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 1661172

Cited 8 times | Published

the validity of the original final judgment. Section 49.011(4), Florida Statutes, provides for constructive

Giron v. Ugly Mortgage, Inc.

935 So. 2d 580, 2006 Fla. App. LEXIS 12862, 2006 WL 2136670

District Court of Appeal of Florida | Filed: Aug 2, 2006 | Docket: 1245421

Cited 7 times | Published

perfected constructive service pursuant to section 49.011, Florida Statutes (2005). A Final Summary Judgment

Mayo v. Mayo

344 So. 2d 933

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

Cited 7 times | Published

petitioner in a dissolution of marriage proceeding. Section 49.011(4), Florida Statutes. A condition precedent

Alan Restaurant Corp. v. Walder

399 So. 2d 1128

District Court of Appeal of Florida | Filed: Jun 24, 1981 | Docket: 1652313

Cited 6 times | Published

personal jurisdiction over a defendant, since Section 49.011 does not authorize service of process by publication

Drury v. NATIONAL AUTO LENDERS, INC.

83 So. 3d 951, 2012 WL 832813, 2012 Fla. App. LEXIS 4065

District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 1935505

Cited 5 times | Published

served with process by publication pursuant to section 49.011, Florida Statutes (2009), on the ground the

Arnstein v. Arnstein

422 So. 2d 1052

District Court of Appeal of Florida | Filed: Dec 1, 1982 | Docket: 1479385

Cited 5 times | Published

concerns of the special concurring opinion, Section 49.011 Florida Statutes (1981) provides that service

Ressler v. Sena

307 So. 2d 457

District Court of Appeal of Florida | Filed: Feb 7, 1975 | Docket: 383815

Cited 5 times | Published

out-of-state landlord via publication under F.S. 49.011, Laws of 1973. The landlord's motion to quash

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

publication in a foreclosure action is permitted, see § 49.011, Fla. Stat. (2007), a mortgage *164holder may

NCNB NAT. BK., FLA. v. Pyramid Corp.

497 So. 2d 1353

District Court of Appeal of Florida | Filed: Dec 3, 1986 | Docket: 1689826

Cited 4 times | Published

service upon a defendant in a foreclosure action. Section 49.011(1), Florida Statutes (1983) provides that service

Huguenor v. Huguenor

420 So. 2d 344

District Court of Appeal of Florida | Filed: Oct 6, 1982 | Docket: 1711407

Cited 4 times | Published

motion was denied and this appeal followed. *346 Section 49.011, Florida Statutes, authorizes service of process

Gaskill v. May Bros., Inc.

372 So. 2d 98, 1979 Fla. App. LEXIS 14618

District Court of Appeal of Florida | Filed: May 9, 1979 | Docket: 1325403

Cited 4 times | Published

constructive service *100 were equally ineffective. Section 49.011, Florida Statutes (1977), describes the only

Pinebrook v. Pinebrook

329 So. 2d 343

District Court of Appeal of Florida | Filed: Mar 26, 1976 | Docket: 1672949

Cited 4 times | Published

service as was had in this case. See, Fla. Stat. § 49.011(1) (1973). The cause is reversed and remanded

Burton v. Burton

448 So. 2d 1229

District Court of Appeal of Florida | Filed: Apr 25, 1984 | Docket: 1523110

Cited 3 times | Published

the court, service by publication is proper. See § 49.011(1), Fla. Stat. (1981). Similarly, such service

First Home View Corp. v. Guggino

10 So. 3d 164, 2009 Fla. App. LEXIS 2478, 2009 WL 763551

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 1155177

Cited 2 times | Published

cannot obtain personal service of process. See § 49.011, Fla. Stat. (2005). If the constructive service

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

by publication is expressly provided for in section 49.011, Florida Statutes (1985), and the types of

Wolf v. Industrial Guaranty Bancorp

281 So. 2d 598, 1973 Fla. App. LEXIS 7748

District Court of Appeal of Florida | Filed: Jul 31, 1973 | Docket: 64533924

Cited 2 times | Published

personal service or process is not required. See F.S. 49.011, F.S.A. Second, a suit against non-resident stockholders

Condotel Bahamas, Ltd. v. Leavell Bahamas, Ltd.

276 So. 2d 189, 1973 Fla. App. LEXIS 6887

District Court of Appeal of Florida | Filed: Apr 9, 1973 | Docket: 1438961

Cited 2 times | Published

one that falls within the provisions of F.S., Section 49.011, F.S.A., sanctioning constructive service of

Archer v. U.S. Bank National Ass'n

220 So. 3d 477, 2017 WL 1202683, 2017 Fla. App. LEXIS 4418

District Court of Appeal of Florida | Filed: Mar 31, 2017 | Docket: 4670160

Cited 1 times | Published

constructive service by publication under [section 49.011(1), Florida, Statutes] cannot confer a court

Milanick v. State

147 So. 3d 34, 2014 Fla. App. LEXIS 7298, 2014 WL 1975652

District Court of Appeal of Florida | Filed: May 16, 2014 | Docket: 60243255

Cited 1 times | Published

jurisdiction under section 49.011(1), Florida Statutes. This timely appeal followed. Section 49.011, Florida Statutes

COMMERCEBANK, NA v. Taylor

964 So. 2d 817, 2007 Fla. App. LEXIS 14574, 2007 WL 2710774

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 2574715

Cited 1 times | Published

on Taylor was possible by publication, under section 49.011(9), Florida Statutes (2007). Commercebank did

Amendments to Fl. Family Law Rules of Proc.

962 So. 2d 302, 32 Fla. L. Weekly Supp. 501, 2007 Fla. LEXIS 1235, 2007 WL 2002673

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1519180

Cited 1 times | Published

2007-85, section 1, Laws of Florida, amends section 49.011, Florida Statutes (2006) to allow service of

JM v. Department of Children and Families

833 So. 2d 279, 2002 WL 31875064

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1259151

Cited 1 times | Published

be served by publication as provided by law. Section 49.011(13), Florida Statutes, provides for service

Miami-Dade Water & Sewer Authority v. Cormio

388 So. 2d 1238

District Court of Appeal of Florida | Filed: Jan 23, 1980 | Docket: 1520953

Cited 1 times | Published

statutes placing suits in the trial court system, Section 49.011, and locating nonjudicial hearings within the

Sheppard v. Sheppard

329 So. 2d 1

Supreme Court of Florida | Filed: Mar 10, 1976 | Docket: 1250957

Cited 1 times | Published

which the legislature has prescribed by Fla. Stat. § 49.11 (1973) is fully consistent with due process, in

T. J. K. v. N. B.

237 So. 2d 592

District Court of Appeal of Florida | Filed: Jul 17, 1970 | Docket: 64515567

Cited 1 times | Published

notion is satisfied by power over the thing. Section 49.011, Florida Statutes 1967, F. S.A., enumerates

Neil Agustus Cuff v. Robert Thirston, I I

District Court of Appeal of Florida | Filed: Nov 1, 2024 | Docket: 69335856

Published

could not have properly granted such a request. Section 49.011, Florida Statutes (2022), permits service

CRAIG A. MARLOWE vs CITY OF ST. AUGUSTINE, KEVIN VAN DYKE, MARCY A. VAN DYKE, PAUL A. LEONARD AND SUSAN J. LEONARD, TRUSTEES OF THE LEONARD FAMILY REVOCABLE LIVING TRUST DATED 23RD JANUARY, 2007, ET AL

District Court of Appeal of Florida | Filed: Sep 8, 2023 | Docket: 68034255

Published

property within the jurisdiction of the court.” § 49.011(2), Fla. Stat. (2015). “Where personal

CRAIG A. MARLOWE vs CITY OF ST. AUGUSTINE, KEVIN VAN DYKE, MARCY A. VAN DYKE, PAUL A. LEONARD AND SUSAN J. LEONARD, TRUSTEES OF THE LEONARD FAMILY REVOCABLE LIVING TRUST DATED 23RD JANUARY, 2007, ET AL

District Court of Appeal of Florida | Filed: Jul 14, 2023 | Docket: 68034255

Published

property within the jurisdiction of the court.” § 49.011(2), Fla. Stat. (2015). “Where personal

ROGER QUISENBERRY v. DOUGLAS M. BATES

District Court of Appeal of Florida | Filed: Feb 1, 2023 | Docket: 66777703

Published

be used only in the types of cases listed in section 49.011, Florida Statutes (2020). “If constructive

ROGER QUISENBERRY v. DOUGLAS M. BATES

District Court of Appeal of Florida | Filed: Sep 7, 2022 | Docket: 64952877

Published

be used only in the types of cases listed in section 49.011, Florida Statutes (2020). “If constructive

JOSH METNICK v. RIGHT OF THE DOT, LLC

District Court of Appeal of Florida | Filed: Aug 31, 2022 | Docket: 64937032

Published

because service of process by publication under section 49.011, Florida Statutes (2021), is not authorized

Demir v. Schollmeier

273 So. 3d 59

District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8338748

Published

constructively served defendant by publication under section 49.011. However, and as plaintiff commendably concedes

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

204 So. 3d 512, 515 (Fla. 4th DCA 2016); accord § 49.011, Fla. Stat. (2017); § 49.021, Fla. Stat. (2017);

Isnord v. Isnord

222 So. 3d 602, 2017 Fla. App. LEXIS 10447, 2017 WL 3085333

District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 60269768

Published

publication, as her whereabouts were unknown. See § 49.011(4), Fla. Stat. (2016); see also Zuccarello v.

SADRAC ISNORD v. LAURENS MAGLOIRE ISNORD

District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 6122334

Published

publication, as her whereabouts were unknown. See § 49.011(4), Fla. Stat. (2016); see also Zuccarello v.

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

obtained and only in the kinds of cases listed in section 49.011, Florida Statutes.” Giron v. Ugly Mortg., Inc

Estela v. Cavalcanti

76 So. 3d 1054, 2011 Fla. App. LEXIS 20460, 2011 WL 6372943

District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 60304151

Published

(provided the case is one of the kinds listed in section 49.011, Florida Statutes (2010)) is only permitted

Scott-Lubin v. Lubin

49 So. 3d 838, 2010 Fla. App. LEXIS 18812, 2010 WL 4962879

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60296866

Published

Dieujuste, 496 So.2d 806, 808 (Fla.1986); see also § 49.011(4), Fla. Stat. (2006) (permitting service by publication

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

publication may be utilized in any case allowed by section 49.011 upon any party, natural or corporation, known

Brown v. Cowell

19 So. 3d 1171, 2009 Fla. App. LEXIS 15778, 2009 WL 3349659

District Court of Appeal of Florida | Filed: Oct 20, 2009 | Docket: 60254574

Published

to serve process by publication pursuant to section 49.011, Florida Statutes (2008). The trial court,

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

422 So.2d 1052, 1053 (Fla. 4th DCA 1982). Section 49.011(4), Florida Statutes (2007), provides that

Inganamort v. Rostano

767 So. 2d 603, 2000 Fla. App. LEXIS 11683, 2000 WL 1283862

District Court of Appeal of Florida | Filed: Sep 13, 2000 | Docket: 64800493

Published

was improperly served by publication. Fla. Stat. § 49.011; Alan Restaurant Corp. v. Walder, 399 So.2d 1128

In re Amendments to the Florida Family Law Rules of Procedure

724 So. 2d 1159, 23 Fla. L. Weekly Supp. 615, 1998 Fla. LEXIS 2210, 1998 WL 831348

Supreme Court of Florida | Filed: Dec 3, 1998 | Docket: 64785831

Published

publication when a spouse cannot be located. Under section 49.011, Florida Statutes (1997), service by publication

Kinarti v. Kinarti

711 So. 2d 139, 1998 Fla. App. LEXIS 4877, 1998 WL 219825

District Court of Appeal of Florida | Filed: May 6, 1998 | Docket: 64781054

Published

of process by publication was improper under Section 49.011, Florida Statutes (1997).3 That portion of

Helbig v. Schneider

686 So. 2d 742, 1997 Fla. App. LEXIS 93, 1997 WL 7133

District Court of Appeal of Florida | Filed: Jan 10, 1997 | Docket: 64770438

Published

(provided the case is one of those enumerated in section 49.011) only when personal service cannot be effected

Gross v. Fidelity Federal Savings Bank of Florida

579 So. 2d 846, 1991 Fla. App. LEXIS 4430, 1991 WL 76529

District Court of Appeal of Florida | Filed: May 15, 1991 | Docket: 64658806

Published

(assuming the case is one of the kinds described in section 49.011) only when personal service cannot be effected

Baker v. Office of the Treasurer, Department of Insurance

575 So. 2d 727, 1991 Fla. App. LEXIS 1729, 1991 WL 27187

District Court of Appeal of Florida | Filed: Feb 22, 1991 | Docket: 64656859

Published

So.2d 1225, 1227 (Fla.1986). When construing section 49.011, et. seq., which provides for service of process

Cook v. Cook

524 So. 2d 1100, 13 Fla. L. Weekly 1114, 1988 Fla. App. LEXIS 1943, 1988 WL 43401

District Court of Appeal of Florida | Filed: May 9, 1988 | Docket: 64634726

Published

process on appellant was by publication pursuant to § 49.011(4), Florida Statutes (1985). In his petition,

Hudson v. Pioneer Federal Savings & Loan Ass'n

516 So. 2d 339, 12 Fla. L. Weekly 2877, 1987 Fla. App. LEXIS 11584, 1987 WL 2667

District Court of Appeal of Florida | Filed: Dec 15, 1987 | Docket: 64631370

Published

defendant before resorting to constructive service. Section 49.011, Florida Statutes (1983). The standard of diligence

State Farm Mutual Automobile Insurance v. Fielder

799 F.2d 656, 15 Collier Bankr. Cas. 2d 569, 1986 U.S. App. LEXIS 29459

Court of Appeals for the Eleventh Circuit | Filed: Sep 5, 1986 | Docket: 66219403

Published

(1980); C. Sand, Sutherland Statutory Construction § 49.11 at 414-15 (N. Singer 4th ed. 1984). Based on this

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

mailing to the Hastings residence was returned. Section 49.011(1), Florida Statutes (1983), provides that

Williamson v. Williamson

478 So. 2d 850, 10 Fla. L. Weekly 2489, 1985 Fla. App. LEXIS 16551

District Court of Appeal of Florida | Filed: Nov 5, 1985 | Docket: 64615603

Published

Gelkop, 384 So.2d 195 (Fla. 3d DCA 1980), section 49.011(4), Florida Statutes (1983) and 2) the notice

Campbell v. Landmark First National Bank of Ft. Lauderdale

421 So. 2d 813, 1982 Fla. App. LEXIS 22110

District Court of Appeal of Florida | Filed: Nov 17, 1982 | Docket: 64593186

Published

require an accounting. We affirm the order. See section 49.011, Florida Statutes (1979), and Gribbel v. Henderson

Koslow v. Rifkin

359 So. 2d 1197, 1978 Fla. App. LEXIS 16142

District Court of Appeal of Florida | Filed: Jun 6, 1978 | Docket: 64565010

Published

this state as our own statutes so provide. See Section 49.011(4), Florida Statutes (1975). For their second

Thomas v. Lane

348 So. 2d 408, 1977 Fla. App. LEXIS 16322

District Court of Appeal of Florida | Filed: Jul 26, 1977 | Docket: 64559603

Published

amenable to service by publication pursuant to Section 49.011, Florida Statutes (1975). They further moved

Shannon v. Great Southern Equipment Co.

326 So. 2d 19, 1976 Fla. App. LEXIS 14223

District Court of Appeal of Florida | Filed: Jan 16, 1976 | Docket: 64552179

Published

perfected constructive process against him pursuant to § 49.011, F.S.1973. Personal service of the writ of garnishment

Drucker v. Fernandez

288 So. 2d 283

District Court of Appeal of Florida | Filed: Jan 15, 1974 | Docket: 64536589

Published

service by publication on the defendant. See F.S. § 49.-011, F.S.A. Cf. deMoya v. dePena, Fla.App.1963, 148

Clark v. Realty Investment Center, Inc.

252 So. 2d 589, 1971 Fla. App. LEXIS 6042

District Court of Appeal of Florida | Filed: Sep 21, 1971 | Docket: 64522116

Published

individual defendants was by publication under § 49.011 Fla.Stat., F.S.A. Their-motion challenging jurisdiction

Ferrer v. Sanchez

247 So. 2d 512, 1971 Fla. App. LEXIS 6698

District Court of Appeal of Florida | Filed: Apr 20, 1971 | Docket: 64520207

Published

publication. That argument is without merit. Section 49.011, Fla.Stat., F.S.A. provides for service by