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FORM 12.913(b): INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES (Florida)

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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE
FORM 12.913(b)
AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY
(11/20)
When should this form be used?
This form is to be used with Notice of Action for Dissolution of Marriage (No Child or Financial
Support), Florida Supreme Court Approved Family Law Form 12.913(a)(1) and Notice of Action For
Family Cases With Minor Child(ren), Form 12.913(a)(2), to obtain constructive service (also called
service by publication).
The other party is entitled to actual notice of the proceedings when possible. When it is necessary to
use constructive notice, it must be given in a way that is likely to provide actual notice. You must
disclose the last known address of the other party. A last known address cannot be unknown. This form
includes a checklist of places you can look for information on the location of the other party. While you
do not have to look in all of these places, the court must believe that you have made a very serious
effort to get information about the other party’s location and that you have followed up on any
information you received.
This form should be typed or printed in black ink. After completing this form, you should sign the form.
You should file this document and a Notice of Action for Dissolution of Marriage (No Child or Financial
Support), Florida Supreme Court Approved Family Law Form 12.913(a)(1), or Notice of Action For
Family Cases With Minor Child(ren), Form 12.913(a)(2), with the clerk of the circuit court in the county
where your petition is filed. You should keep a copy for your records.
What should I do next?
A copy of this form must be filed with the court and served on the other party or his or her attorney. The
copy you are serving to the other party must be either mailed, e-mailed, or hand-delivered to the
opposing party or his or her attorney on the same day indicated on the certificate of service. If it is
mailed, it must be postmarked on the date indicated in the certificate of service. Service must be in
accordance with Florida Rule of Judicial Administration 2.516.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or other
pleadings or documents electronically; however, they are not required to do so. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
Instructions for Florida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry
(11/20)
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judicial Administration now require that all documents required or
permitted to be served on the other party must be served by electronic mail (e-mail) except in certain
circumstances. You must strictly comply with the format requirements set forth in the Florida Rules of
Judicial Administration. If you elect to participate in electronic service, which means serving or receiving
pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review
Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link
to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules
of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT
REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by email, the
procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form
12.915, and you must provide your e-mail address on each form on which your signature appears.
Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme
Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida
Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the
beginning of these forms. For further information, see rule 12.070, Florida Family Law Rules of
Procedure and chapter 49, Florida Statutes.
Special notes. . .
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out
these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules
of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms
also must put his or her name, address, and telephone number on the bottom of the last page of every
form he or she helps you complete.
Instructions for Florida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry
(11/20)
IN THE CIRCUIT COURT OF THE __ JUDICIAL CIRCUIT,
IN AND FOR ___ COUNTY, FLORIDA
Case No.:
Division:
__ ,
Petitioner,
and
____ ,
Respondent.
AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY
I, {full legal name} , being sworn, certify that the
following information is true:
1. I have made diligent search and inquiry to discover the name and current residence of
Respondent: {Specify details of search} Refer to checklist below and identify all actions taken
(any additional information included such as the date the action was taken and the person
with whom you spoke is helpful) (attach additional sheet if necessary):
[Check all that apply]
____ United States Post Office inquiry through Freedom of Information Act for current address or any
relocations.
____ Last known employment of Respondent, including name and address of employer. You should
also ask for any addresses to which W-2 Forms were mailed, and, if a pension or profit-sharing
plan exists, then for any addresses to which any pension or plan payment is and/or has been
mailed.
____ Unions from which Respondent may have worked or that governed his or her particular trade or
craft.
____ Regulatory agencies, including professional or occupational licensing.
____ Names and addresses of relatives and contacts with those relatives, and inquiry as to
Respondent’s last known address. You are to follow up any leads of any addresses where
Respondent may have moved. Relatives include, but are not limited to: parents, brothers,
sisters, aunts, uncles, cousins, nieces, nephews, grandparents, great-grandparents, former in-
laws, stepparents, stepchildren.
____ Information about the Respondent’s possible death and, if dead, the date and location of the
death.
____ Telephone listings in the last known locations of Respondent’s residence.
____ Internet at http://www.switchboard.com or other Internet databank locator service. Please
indicate if a public library assisted you in your search.
____ Law enforcement arrest and/or criminal records in the last known residential area of
Respondent.
____ Highway Patrol records in the state of Respondent’s last known address.
____ Department of Motor Vehicle records in the state of Respondent’s last known address.
Florida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry
(11/20)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
________________________________________________________________________
____ Department of Corrections records in the state of Respondent’s last known address.
____ Title IV-D (child support enforcement) agency records in the state of Respondent’s last known
address.
____ Hospitals in the last known area of Respondent’s residence.
____ Utility companies, which include water, sewer, cable TV, and electric, in the last known area of
Respondent’s residence.
____ Letters to the Armed Forces of the U.S. and their response as to whether or not there is any
information about Respondent. (See Memorandum for Certificate of Military Service, Florida
Supreme Court Approved Family Law Form 12.912(a).)
____ Tax Assessor’s and Tax Collector’s Office in the area where Respondent last resided.
____ Other: {explain} ______________________________________________________________
2. The age of Respondent is [Choose only one] ( ) known {enter age} _____ or ( ) unknown.
3. Respondent’s current residence
[Choose only one]
a. _____Respondent’s current residence is unknown to me.
b. _____Respondent’s current residence is in some state or country other than Florida.
c. _____The Respondent, having residence in Florida, has been absent from Florida for
more than 60 days prior to the date of this affidavit, or conceals him/her self so that
process cannot be served personally upon him or her, and I believe there is no person in
the state upon whom service of process would bind this absent or concealed
Respondent.
4. Respondent’s last known address as of {date}____________________________________, was:
Address ___________________________City _____________________State ____ Zip ________
Telephone No. __________________Fax No. _________________________.
Respondent’s last known employment, as of {date}_________________________________, was
Name of Employer _______________________________________________________________
Address _____________________________City __________________State ____ Zip _________
Telephone No. __________________ Fax No. _______________________.
Florida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry
(11/20)
_______________________________________
Under penalties of perjury, I declare that I have read this document and the facts stated in it are true.
Dated: ___________________
Signature of Petitioner
Printed Name: ___________________________
Address: _______________________________
City, State, Zip: __________________________
Telephone Number: ______________________
Fax Number: ____________________________
E-mail Address(es): _______________________
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks]
This form was prepared for: {choose only one} _____ Petitioner _____ Respondent
This form was completed with the assistance of:
{name of individual} _______________________________________________________________,
{name of business} ________________________________________________________________,
{address} ________________________________________________________________________,
{city} __________________, {state} ____, {zip code} ______, {telephone number} ______________.
Florida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry
(11/20)
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FORM 12.913(b): INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES (Florida)

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Completed 16 April 2021

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