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Bill > H0097


FL H0097

FL H0097
Service of Process in Proceedings for Protection of Vulnerable Adults


summary

Introduced
01/03/2025
In Committee
03/07/2025
Crossed Over
Passed
Dead
06/16/2025

Introduced Session

2025 Regular Session

Bill Summary

An act relating to service of process in proceedings for protection of vulnerable adults; amending s. 825.1035, F.S.; authorizing the use of substitute service on unascertainable respondents; defining the term "unascertainable respondent"; requiring a petitioner to file with the court a sworn affidavit to effectuate substitute service; providing requirements for the affidavit; requiring the court to enter an order providing for specified service when a petitioner files the sworn affidavit; requiring the petitioner to file with the court proof that the petitioner attempted to serve the unascertainable respondent; requiring that any proposed transfer of funds or property in dispute be held for a specified time period after the entry of a final order of injunction; providing construction; providing an effective date.

AI Summary

This bill amends Florida law to provide a new method of serving legal documents in cases involving the protection of vulnerable adults when the respondent (person being served) is difficult to identify or locate. An "unascertainable respondent" is defined as someone whose identity cannot be easily determined, such as an individual who has communicated with the vulnerable adult through hard-to-trace means. The bill allows petitioners to use "substitute service" by filing a detailed sworn affidavit with the court that includes information about how the unascertainable respondent contacted the vulnerable adult, any known identifying information (like email addresses or social media handles), and evidence suggesting potential fraudulent communication. If the court approves the affidavit, the petitioner must attempt to serve the respondent through the same communication method originally used, such as a messaging app or email. After serving the documents, the petitioner must provide proof of the attempt to the court. Additionally, the bill requires that any funds or property in dispute be held for 30 days after a final injunction is issued, providing an extra layer of protection for vulnerable adults. The law is set to take effect on July 1, 2025.

Committee Categories

Business and Industry, Justice

Sponsors (6)

Other Sponsors (1)

Civil Justice & Claims Subcommittee (House)

Last Action

Laid on Table, companion bill(s) passed, see CS/SB 106 (Ch. 2025-158) (on 04/29/2025)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://www.flsenate.gov/Session/Bill/2025/97
Analysis - Civil Justice & Claims Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2025/97/Analyses/h0097z1.CIV.PDF
Analysis - Civil Justice & Claims Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2025/97/Analyses/h0097z.CIV.PDF
Analysis - Judiciary Committee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2025/97/Analyses/h0097e.JDC.PDF
Analysis - Judiciary Committee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2025/97/Analyses/h0097d.JDC.PDF
Analysis - Insurance & Banking Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2025/97/Analyses/h0097c.IBS.PDF
Analysis - Insurance & Banking Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2025/97/Analyses/h0097b.IBS.PDF
BillText https://www.flsenate.gov/Session/Bill/2025/97/BillText/c1/PDF
Analysis - Civil Justice & Claims Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2025/97/Analyses/h0097a.CIV.PDF
https://www.flsenate.gov/Session/Bill/2025/97/Amendment/307713/PDF
Analysis - Civil Justice & Claims Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2025/97/Analyses/h0097.CIV.PDF
BillText https://www.flsenate.gov/Session/Bill/2025/97/BillText/Filed/PDF
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