The Florida Senate

731.301  Notice; method and time; proof.--

(1)  FORMAL NOTICE.--

(a)  When formal notice of a petition or other proceeding is required, the petitioner shall serve a copy of the petition to any interested person or her or his attorney, if the interested person has appeared by attorney or requested that notice be sent to her or his attorney. The petition shall be served:

1.  By any form of mail or by any commercial delivery service approved by the chief judge of each judicial circuit, requiring a signed receipt, as follows:

a.  On the interested person's attorney of record, if any, or to the post-office address given in her or his demand for notice, if any;

b.  On an individual, other than an incompetent, by mailing a copy to the individual's dwelling house or usual place of abode or to the place where she or he regularly conducts her or his business or profession;

c.  On an incompetent person, by mailing a copy to the incompetent, to the person having custody of the incompetent, and to any legal guardian of the incompetent, at their respective dwelling houses, usual places of abode, or regular places of business or profession;

d.  On a corporation, by mailing a copy to the corporation at its last known address; or

2.  As provided in chapter 48; or

3.  In the circumstances provided in chapter 49, in the manner provided therein.

(b)  If there is no answer served on the petitioner within 20 days from the service of the petition, the petition shall be considered ex parte. If an answer is served, a hearing shall be set and reasonable notice given.

(c)  If service is made under subparagraph (a)2. or subparagraph (a)3., proof shall be made as provided in chapter 48 or chapter 49. If service is made by mail under subparagraph (a)1., proof shall be by a verified statement of the person mailing service who shall attach the signed receipt or other evidence satisfactory to the court that delivery was made to, or refused by, the addressee or the addressee's agent.

(d)  Formal notice shall be sufficient to acquire jurisdiction over the person receiving formal notice to the extent of the person's interest in the estate.

(2)  INFORMAL NOTICE.--

(a)  When informal notice of a petition or other proceeding is required or permitted, it shall be served on the person or the person's attorney as provided in the Florida Rules of Civil Procedure relating to service of pleadings.

(b)  Proof of service shall be made by filing an attorney's certificate of service or, if filed by a person who is not a member of The Florida Bar, by a verified statement.

(3)  EFFECT OF NOTICE.--Persons given notice of any petition shall be bound by all orders entered on the petition.

(4)  INFORMAL NOTICE REQUIRED.--Unless otherwise specifically provided, informal notice of every petition affecting property rights or interests must be given to interested persons.

History.--s. 1, ch. 74-106; s. 5, ch. 75-220; s. 3, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 93-257; s. 64, ch. 95-211; s. 950, ch. 97-102.

Note.--Created from former s. 732.28.