Florida Statute 49.071 - 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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49.071 Sworn statement, unknown parties as defendants.—

(1) If relief is demanded against unknown parties, the sworn statement for service of process by publication against them shall show:

(a) That affiant believes that there are persons who are or may be interested in the subject matter of the action or proceedings whose names, after diligent search and inquiry, are unknown to the affiant; and

(b) Whether said unknown parties claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees, or other claimants:

1. By, through, under or against a known person who is dead or not known to be dead or alive; or

2. By, through, under or against some corporation, domestic or foreign, that has been dissolved or which is not known to be existing or dissolved; or

3. By, through, under or against some organization which operated or did business under a name indicating a corporation; or

4. Otherwise as the case may be.

(2) In any case alleged against a named defendant, natural or corporate, who is stated, either in the pleadings or in the sworn statement, to be either dead or dissolved, or not known to be dead or alive, or dissolved or existing, any judgment, decree or order rendered against such defendant shall be as good, valid and effectual as if it had not been so stated.

History.—s. 7, ch. 20452, 1941; s. 5, ch. 67-254.

Note.—Former s. 48.07.

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Amendments to 49.071

Annotations, Discussions, Cases:

Cases Citing Statute 49.071

Total Results: 3 | Sort by: Relevance | Newest First

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Floyd v. Fed. Nat. Mortg. Ass'n, 704 So. 2d 1110 (Fla. 5th DCA 1998).

Cited 10 times | Published | Florida 5th District Court of Appeal | 1998 Fla. App. LEXIS 138, 1998 WL 4093

...Chapter 49 of the Florida Statutes governs constructive service of process. As a prerequisite to constructive service, a plaintiff (or plaintiff's attorney) must file an affidavit showing, inter alia, that a diligent search has been made to discover the names and addresses of the defendants. §§ 49.031(1), 49.041(1), 49.071, Fla....

...mela's heirs resided at the home on Willie Mays Drive. The failure to pursue this lead shows that FNMA did not "reasonably employ[] the knowledge at [its] command." Batchin, supra . FNMA failed to conduct a diligent search and inquiry as required by section 49.071 by completely ignoring parties in possession of the premises....

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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

...A sworn statement is a condition precedent to such service. § 49.031, Fla. Stat. (1991). A party seeking service under chapter 49 may choose from four different types of sworn statements, depending on the status of the defendant. §§ 49.041, 49.051, 49.061 and 49.071, Fla. Stat. (1991). Curiously, Barnett apparently proceeded under section 49.071, which states the requirements for the sworn statement when relief is demanded against unknown parties. We require strict compliance with the statutory procedures for service by publication. Gmaz v. King, 238 So.2d 511 (Fla. 2d DCA 1970). Section 49.071 mandates a diligent search for the names of interested parties....

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Martin v. Hacsi, 909 So. 2d 935 (Fla. 5th DCA 2005).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 12204, 2005 WL 1842678

personal representative had been appointed. Section 49.071, Florida Statutes, “Sworn statement, unknown

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.