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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE (Florida)

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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM
12.913(b), AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY (11/12)
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
before a notary public or deputy clerk. You should file the original 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.
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
(11/12)
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 employmentof 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 (11/12)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
_________________________________________________________________________
____ 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 (11/12)
________________________________________
_______________________________________
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this
affidavit and that the punishment for knowingly making a false statement includes fines and/or
imprisonment.
Dated: ___________________
STATE OF FLORIDA
COUNTY OF
Signature of Petitioner
Printed Name: ___________________________
Address: ________________________________
City, State, Zip: ___________________________
Telephone Number: _______________________
Fax Number: ____________________________
E-mail Address(es):________________________
Sworn to or affirmed and signed before me on ___________________ by______________________
NOTARY PUBLIC or DEPUTY CLERK
_______________________________________
[Print, type, or stamp commissioned name of
notary or clerk.]
____ Personally known
____ Produced identification
Type of identification produced __________________________________
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} ____________, {telephone number} ___________________.
Florida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry (11/12)
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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE (Florida)

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Completed 9 April 2021

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