Florida Statute 49.10 - 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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49.10 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.

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Amendments to 49.10

Annotations, Discussions, Cases:

Cases Citing Statute 49.10

Total Results: 5 | Sort by: Relevance | Newest First

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Sheppard v. Sheppard, 329 So. 2d 1 (Fla. 1976).

Cited 1 times | Published | Supreme Court of Florida

...Sheppard, who is indigent, has not been able to learn the whereabouts of his spouse. He obtained jurisdiction over her in order to begin his lawsuit on the authority of Section 57.081, Florida Statutes (1973), which absolves him of filing and service costs, and Section 49.10(1)(b), Florida Statutes (Supp....

...nt places in the county of residence and by mailing a notice to Mrs. Sheppard at her last known address. When Mrs. Sheppard failed to respond in any way, Mr. Sheppard moved for a default judgment. The trial judge denied his motion on the ground that Section 49.10(1)(b) is unconstitutional, and a direct appeal of that ruling was brought here....

...case and require a reversal. In Grissom we suggested that the Legislature could constitutionally authorize alternative methods of giving notice where personal service of process was impossible and media publication was unduly expensive. In response, Section 49.10(1)(b) was enacted and Section 49.12 was amended to accommodate the authorization of posting....

...I concur in the judgment of the Court and in the view that the posting procedure which the legislature has prescribed by Fla. Stat. § 49.11 (1973) is fully consistent with due process, in the narrow class of cases in which it is authorized by Fla. Stat. § 49.10(1)(b) (1974 Supp.), specifically dissolution and adoption proceedings....

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Kopecky v. Kopecka, 967 So. 2d 1109 (Fla. 4th DCA 2007).

Published | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 18148, 2007 WL 3355576

requirements as are prescribed by law for such purpose.” § 49.10(1)(a), Fla. Stat. (2007). Finally, the plaintiff

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In Interest of DP, 595 So. 2d 62 (Fla. 1st DCA 1992).

Published | Florida 1st District Court of Appeal | 1991 WL 259444

...We remanded for the parents to be given a second opportunity to appear at a termination hearing, in compliance with the requirements for notice of hearings in § 39.462(1), Florida Statutes (1989), and for service of process by publication in § 49.08, § 49.09, and § 49.10, Fla....

...we are urged to clarify whether the underscored quoted reference to "publication" refers to the "first publication," as the term is used in § 49.09, Fla. Stat., or to the completed publication process, which is "four consecutive weeks," pursuant to § 49.10, Fla....

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Toms v. City of Crystal River, 609 So. 2d 153 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 12232, 1992 WL 355048

City of Crystal River failed to comply with section 49.-10(l)(a), Florida Statutes (1991), which requires

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Ago (Fla. Att'y Gen. 1976).

Published | Florida Attorney General Reports

alternative method of obtaining jurisdiction. Section 49.10(1)(b), F. S., provides that, in proceedings

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