Florida Statute 49.041
“Sworn statement, natural person as defendant”
What it means
Service of process by publication on a natural person requires a sworn statement from the plaintiff, or the plaintiff's agent or attorney. This section lists what the statement must show.
First, that diligent search and inquiry have been made to discover the person's name and residence, and that the name and residence are set out as particularly as the affiant knows them. Second, whether the person is over or under 18, if the age is known, or that the age is unknown. Third, that the person's residence is either unknown to the affiant; in another state or country (stated, if known); or in Florida, with the person absent from the state for more than 60 days before the statement or concealing himself or herself so that process cannot be personally served, and the affiant believes no person in Florida could be served to bind the defendant.
Section 49.031(1) makes the sworn statement a condition precedent to service by publication.
- The statement must show diligent search and inquiry to discover the person's name and residence (§ 49.041(1)).
- It must state whether the person is over or under 18, or that the age is unknown (§ 49.041(2)).
- It must state that the residence is unknown, in another state or country, or in Florida with the person absent more than 60 days or concealed (§ 49.041(3)).
- In the Florida-residence case, the affiant must believe no person in the state could be served to bind the defendant (§ 49.041(3)(c)).
- A sworn statement is a condition precedent to service by publication (§ 49.031(1)).
Text of the statute (2026)
The sworn statement of the plaintiff, his or her agent or attorney, for service of process by publication against a natural person, shall show: (1) That diligent search and inquiry have been made to discover the name and residence of such person, and that the same is set forth in said sworn statement as particularly as is known to the affiant; and
(2) Whether such person is over or under the age of 18 years, if his or her age is known, or that the person’s age is unknown; and
(3) In addition to the above, that the residence of such person is, either: (a) Unknown to the affiant; or (b) In some state or country other than this state, stating said residence if known; or (c) In the state, but that he or she has been absent from the state for more than 60 days next preceding the making of the sworn statement, or conceals himself or herself so that process cannot be personally served, and that affiant believes that there is no person in the state upon whom service of process would bind said absent or concealed defendant.
Excerpts are the subsections the summary relies on. Read the full official text of § 49.041.
History. s. 4, ch. 20452, 1941; s. 5, ch. 67-254; s. 4, ch. 77-121; s. 287, ch. 95-147.
How it applies
When a natural-person defendant cannot be personally served, the sworn statement under § 49.041 is a condition precedent to publication (§ 49.031(1)). The affiant states the search that was made and what is known about the person's name, age, and residence. The notice of action is then published under § 49.10. Because the facts are sworn, the statement has to match the search actually made.
Questions people ask
Sources
- Fla. Stat. § 49.041 (2026) (“diligent search and inquiry have been made to discover the name and residence of such person” Required content of the statement.)
- Fla. Stat. § 49.031 (2026) (“As a condition precedent to service by publication, a statement shall be filed in the action” Sworn statement requirement.)
- Fla. Stat. § 49.10 (2026) (“All notices of action, except those referred to in paragraphs (b) and (c), shall be published once during each week for 4 consecutive weeks” Publication that follows the statement.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.