Florida Statute 49.10
“Notice of action, publication, proof”
What it means
Most notices of action must be published once during each week for 4 consecutive weeks (four publications being sufficient) in a newspaper published in the county where the court is located. The newspaper must meet the requirements prescribed by law for such notices.
There are two exceptions. Notices of action in foreclosure proceedings (§ 702.09) are published for 2 consecutive weeks. In proceedings described in § 49.011(4), (10), and (11), the clerk posts the notice in the manner prescribed by § 49.11 when the notice is required of persons authorized to proceed as indigent under § 57.081.
Proof of publication is an affidavit of the owner, publisher, proprietor, editor, business manager, foreman, or other officer or employee of the newspaper with knowledge of the publication. The affidavit must set out or attach a copy of the notice and set out the date of each publication.
- The standard notice of action runs once a week for 4 consecutive weeks in a newspaper published in the county where the court is located (§ 49.10(1)(a)).
- Four publications are sufficient (§ 49.10(1)(a)).
- Foreclosure notices are published for 2 consecutive weeks (§ 49.10(1)(c)).
- In the proceedings listed in § 49.10(1)(b), the clerk posts the notice under § 49.11 for persons authorized to proceed as indigent (§ 49.10(1)(b)).
- Proof is an affidavit of the newspaper that sets out or attaches the notice and states each publication date (§ 49.10(2)).
Text of the statute (2026)
(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.
Excerpts are the subsections the summary relies on. Read the full official text of § 49.10.
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.
How it applies
Publication under this section follows the sworn statement required by § 49.041, a condition precedent under § 49.031(1), when the defendant cannot be served in person. Most notices of action run once a week for four consecutive weeks (§ 49.10(1)(a)). The newspaper's affidavit is the proof and shows the notice and the date of each publication (§ 49.10(2)). For indigent proceedings described in § 49.10(1)(b), the clerk posts the notice as § 49.11 prescribes.
Questions people ask
Sources
- Fla. Stat. § 49.10 (2026) (“published once during each week for 4 consecutive weeks (four publications being sufficient)” Publication period.)
- Fla. Stat. § 49.11 (2026) (“If there is no newspaper published in the county, three copies of the notice shall be posted” Posting.)
- Fla. Stat. § 49.041 (2026) (“The sworn statement of the plaintiff, his or her agent or attorney, for service of process by publication against a natural person” Statement that precedes publication.)
Last checked: October 17, 2026
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