Bill Text: FL S0922 | 2015 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Appointment of an Ad Litem
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-04-22 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 775 (Ch. 2015-95) [S0922 Detail]
Download: Florida-2015-S0922-Introduced.html
Bill Title: Appointment of an Ad Litem
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-04-22 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 775 (Ch. 2015-95) [S0922 Detail]
Download: Florida-2015-S0922-Introduced.html
Florida Senate - 2015 SB 922 By Senator Latvala 20-01205-15 2015922__ 1 A bill to be entitled 2 An act relating to the appointment of an ad litem; 3 amending s. 49.021, F.S.; defining the term “ad 4 litem”; authorizing a court to appoint an ad litem for 5 any party in certain circumstances; prohibiting a 6 court from requiring an ad litem to post a bond or 7 designate a resident agent in order to serve as ad 8 litem; requiring courts to discharge an ad litem when 9 the final judgment is entered or as otherwise ordered 10 by the court; providing that an ad litem is entitled 11 to an award of a reasonable fee for services rendered 12 and costs that must be assessed by the court against a 13 specified party or as otherwise ordered by the court; 14 prohibiting a proceeding in which the court appointed 15 an ad litem from being declared ineffective solely due 16 to a lack of statutory authority to appoint an ad 17 litem; providing that this section does not abrogate a 18 court’s common law authority to appoint an ad litem; 19 prohibiting a court from appointing an ad litem to 20 represent an interest for which a personal 21 representative, guardian of property, or trustee is 22 serving; requiring an ad litem, upon discovery that 23 the party it represents is already represented by a 24 personal representative, guardian of property, or 25 trustee, or is deceased, to take certain actions; 26 providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Section 49.021, Florida Statutes, is amended to 31 read: 32 49.021 Service of process by publication; appointment of ad 33 litem.— 34 (1) If, upon whom.—Wherepersonal service of process or, if 35 appropriate, service of process under s. 48.194 cannot be made 36had, service of process by publication may be madehadupon any 37 party, natural or corporate, known or unknown, including: 38 (a)(1)Any known or unknown natural person, and, ifwhen39 described as such, the unknown spouse, heirs, devisees, 40 grantees, creditors, or other parties claiming by, through, 41 under, or against any known or unknown person who is known to be 42 dead or is not known to be either dead or alive; 43 (b)(2)Any corporation or other legal entity, regardless of 44 whether its domicile isbeforeign, domestic, or unknown, and 45 whether dissolved or existing, including corporations or other 46 legal entities not known to be dissolved or existing, and, if 47whendescribed as such, the unknown assigns, successors in 48 interest, trustees, or any other party claiming by, through, 49 under, or against any named corporation or legal entity; 50 (c)(3)Any group, firm, entity, or persons who operate or 51 do business, or have operated or done business, in this state, 52 under a name or title thatwhichincludes the word 53 “corporation,” “company,” “incorporated,” “Inc.,” or any 54 combination thereof, or under a name or title which indicates, 55 tends to indicate, or leads one to think that the same may be a 56 corporation or other legal entity; and 57 (d)(4)All claimants under any of thesuchparties 58 specified in paragraph (a), paragraph (b), or paragraph (c). 59 60 Unknown parties may be proceeded against exclusively or together 61 with other parties. 62 (2) For the purposes of this section, the term “ad litem” 63 means an attorney, administrator, or guardian ad litem. The 64 court may appoint an ad litem for any party, whether known or 65 unknown, upon whom constructive service of process under this 66 chapter has been properly made and who has failed to file or 67 serve any paper in the action within the time required by law. 68 The court may not require an ad litem to post a bond or 69 designate a resident agent in order to serve as an ad litem. 70 (a) The court shall discharge the ad litem when the final 71 judgment is entered or as otherwise ordered by the court. 72 (b) The ad litem is entitled to an award of a reasonable 73 fee for services rendered and costs, which shall be assessed 74 against the party requesting the appointment of the ad litem, or 75 as otherwise ordered by the court. 76 (3) In all cases adjudicated in which the court appointed 77 an ad litem, a proceeding may not be declared ineffective solely 78 due to lack of statutory authority to appoint an ad litem. 79 (4) This section does not abrogate a court’s common law 80 authority to appoint an ad litem. 81 (5) A court may not appoint an ad litem to represent an 82 interest for which a personal representative, guardian of 83 property, or trustee is serving. If the court has appointed an 84 ad litem and the ad litem discovers that a personal 85 representative, guardian of property, or trustee is serving who 86 represents the interest for which the ad litem was appointed, 87 the ad litem must promptly report that finding to the court and 88 must file a petition for discharge as to any interest for which 89 the personal representative, guardian of the property, or 90 trustee is serving. If the court has appointed an ad litem to 91 represent an interest and the ad litem discovers that the person 92 whose interest he or she represents is deceased, and there is no 93 personal representative, guardian of the property, or trustee to 94 represent the decedent’s interest, the ad litem must make a 95 reasonable attempt to locate any spouse, heir, devisee, or 96 beneficiaries of the decedent, must report to the court the name 97 and address of any such persons that the ad litem locates, and 98 must petition for discharge as to any interest of the person 99 located. 100 Section 2. This act shall take effect July 1, 2015.