49.041 Sworn statement, natural person as defendant. - Florida Statutes

49.041 Sworn statement, natural person as defendant.

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.

History. s. 4, ch. 20452, 1941; s. 5, ch. 67-254; s. 4, ch. 77-121; s. 287, ch. 95-147.

Note. Former s. 48.04.