Florida Statute 49.031 - 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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49.031 Sworn statement as condition precedent.—

(1) As a condition precedent to service by publication, a statement shall be filed in the action executed by the plaintiff, the plaintiff’s agent or attorney, setting forth substantially the matters hereafter required, which statement may be contained in a verified pleading, or in an affidavit or other sworn statement.

(2) As used in this chapter:

(a) The word “plaintiff” means any party in the action who is entitled to service of original process on any other party to the action or any person who may be brought in or allowed to come in as a party by any lawful means.

(b) The word “defendant” means any party on whom service by publication is authorized by this chapter, without regard to his or her designation in the pleadings or position in the action.

(3) After the entry of a final judgment or decree in any action no sworn statement shall ever be held defective for failure to state a required fact if the fact otherwise appears from the record in the action.

History.—s. 3, ch. 20452, 1941; s. 2, ch. 28301, 1953; s. 5, ch. 67-254; s. 1, ch. 74-152; s. 286, ch. 95-147.

Note.—Former s. 48.03.

F.S. 49.031 on Google Scholar

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Amendments to 49.031

Annotations, Discussions, Cases:

Cases Citing Statute 49.031

Total Results: 11 | Sort by: Relevance | Newest First

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Demars v. Vill. or Sandalwood Lakes, 625 So. 2d 1219 (Fla. 4th DCA 1993).

Cited 20 times | Published | Florida 4th District Court of Appeal | 1993 WL 100150

...made into the name and residence of the defendant, contained within the sworn statement for constructive service, renders it facially sufficient, as it states the material jurisdictional fact required under the statute. This also is consistent with section 49.031(3), Florida Statutes (1991) which states: "[a]fter the entry of a final judgment or decree in any action no sworn statement shall ever be held defective for failure to state a required fact if the fact otherwise appears from the record...

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Callaghan v. Callaghan, 337 So. 2d 986 (Fla. 4th DCA 1976).

Cited 9 times | Published | Florida 4th District Court of Appeal

...§ 49.011, necessary to perfect service of process by publication had not been complied with and that consequently the court never acquired jurisdiction of the respondent. We agree that there was no valid service of process as required by Fla. Stat. §§ 49.011, 49.031, 49.041 (1973)....

...The Motion to Vacate was called up before Circuit Judge Wehle, an assigned visiting judge, and not before Judge Weissing, the original trial judge. The motion and affidavits alleged that petitioner had falsely misstated respondent's mailing address. Fla. Stat. § 49.031 requires, as a condition precedent to service of process by publication under Chapter 49, the filing of a sworn statement....

...made. Averting now to the merits of the Motion to Vacate, we find that the sworn statement alleging the last known address of a defendant is not tantamount to nor the equivalent of a statement as to defendant's residence as required by Fla. Stat. §§ 49.031 and 49.041....

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Mayo v. Mayo, 344 So. 2d 933 (Fla. 2d DCA 1977).

Cited 7 times | Published | Florida 2nd District Court of Appeal

...Constructive service, often referred to as service by publication, is available to the petitioner in a dissolution of marriage proceeding. Section 49.011(4), Florida Statutes. A condition precedent to service by publication, however, is a sworn statement to be filed in the action by the petitioner, his agent or attorney. Section 49.031(1), Florida Statutes....

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Honegger v. Coastal Fertilizer & Supply, 712 So. 2d 1161 (Fla. 2d DCA 1998).

Cited 5 times | Published | Florida 2nd District Court of Appeal | 1998 WL 372398

...o attempt personal service of process on Mr. Honegger. Coastal had only a mailing address for Mr. Honegger in Anchorage. The process server was unable to locate him. Thereafter, Coastal filed a sworn statement for constructive service as required by section 49.031, Florida Statutes (1995), and the Naples Daily News published a notice of action....

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Batchin v. Barnett Bank of Sw. Florida, 647 So. 2d 211 (Fla. 2d DCA 1994).

Cited 5 times | Published | Florida 2nd District Court of Appeal | 1994 Fla. App. LEXIS 7809, 1994 WL 406674

...re and motion for relief from judgment. Service by publication is permitted in foreclosure actions, but only where personal service cannot be had. §§ 49.011 and 49.021, Fla. Stat. (1991). A sworn statement is a condition precedent to such service. § 49.031, Fla....

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Tindal v. Varner, 667 So. 2d 890 (Fla. 2d DCA 1996).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 1996 WL 46594

...His return of service indicates nonservice, and explains that Ms. Tindal's son said that she was out of town and had not been heard from in two weeks. In August 1993, the Varners filed a sworn statement for constructive service pursuant to sections 49.031 and 49.041, Florida Statutes (1993), which tracks the statutory language without any extra information....

...to obtain jurisdiction over a defendant by publication. Batchin, 647 So.2d at 213; Gmaz v. King, 238 So.2d 511 (Fla. 2d DCA 1970). Failure to strictly comply with these requirements renders a default judgment voidable. Demars, 625 So.2d at 1222. See § 49.031(3), Fla.Stat....

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Dept. of Child. & Families v. JJE, 953 So. 2d 659 (Fla. 5th DCA 2007).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 4670

...As a prerequisite to service of process by publication, the party seeking to obtain service must file a sworn statement with the court demonstrating that a diligent search has been made in an effort to obtain the defendant's residence and establishing that personal service could not be obtained. Section 49.031(1) Florida Statutes (2006); Floyd....

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Tompkins v. Barnett Bank of St. Johns Cnty., 478 So. 2d 878 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 2640, 1985 Fla. App. LEXIS 16962

property within the jurisdiction of the court. Section 49.031 provides: (1)As a condition precedent to service

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Corneal v. O'Brien, 707 So. 2d 908 (Fla. 2d DCA 1998).

Published | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 2289, 1998 WL 103746

...1995), although defendant’s address was easily ascertainable and defendant had made no effort to conceal his whereabouts. Plaintiff filed a formal notice by publication, however there was no affidavit of diligent search as required by statute. See § 49.031, Fla....

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Grier v. Florida Dep't of Child. & Families, 710 So. 2d 1384 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 7414, 1998 WL 314660

precedent to notice by publication as required by section 49.031(1), Florida Statutes, was not filed until after

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Naples Park-Vanderbilt Beach Water Dist. v. Downing, 244 So. 2d 464 (Fla. Dist. Ct. App. 1970).

Published | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6582

...of Sarasota, Fla.App. 1967, 196 So.2d 244 . The Downing’s collateral attack alleged lack of diligent search and inquiry to ascertain Mrs. Downing’s residence. Florida Statute 49.041, F.S.A. requires that the sworn statement referred to in Fla.Stat. 49.031, F.S.A....

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