Title: Service of Process in Proceedings for Protection of Vulnerable Adults

Summary: Authorizes use of substitute service on unascertainable respondents; requires that any proposed transfer of funds or property in dispute be held for specified time period.

Full Text:
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 pro perty in dispute be held for a specified time period after the entry of a final order of injunction; providing construction; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsections (8) through (14) of section 825.1035, Florida Statutes, are renumbered as subsections (9) through (15), respectively, subsection (7) is amended, and a new subsection (8) is added to that section, to read: CS/HB 2025 hb97-01-c1 FL OR I DA HO US EO FR EP RE SE NT A TI VE S825.1035 Injunction for protection against exploitation of a vulnerable adult.-(7) NOTICE OF PETITION AND INJUNCTION.-(a) Except as provided in subsection (8), the respondent must shall be personally served, pursuant to chapter 48, with a copy of the petition, notice of hearing, and temporary injunction, if a ny, before the final hearing. (b) If the petitioner is acting in a representative capacity, the vulnerable adult must shall also be served with a copy of the petition, notice of hearing, and temporary injunction, if any, before the final hearing. (c) If any assets or lines of credit are ordered to be frozen, the depository or financial institution must be served as provided in s. 655.0201. (8) SUBSTITUTE SERVICE ON UNASCERTAINABLE RESPONDENT.-(a) In lieu of service pursuant to chapter as require dpursuant to subsection (7), substitute service in accordance with this subsection may be made on an unascertainable respondent. As used in this subsection, the term "unascertainable respondent" means a person whose identity cannot be ascertained or whose identity is unknown, and who has communicated with the vulnerable adult through any means that make tracing the person's identity impractical. (b) To effectuate substitute service pursuant to this subsection, a petitioner must file with the court a swor n CS/HB 2025 hb97-01-c1 FL OR I DA HO US EO FR EP RE SE NT A TI VE Saffidavit based on the petitioner's information and belief. The affidavit must include: 1. The facts leading the petitioner to believe that the respondent is an unascertainable respondent; 2. Information regarding how the unascertainable respondent a nd the vulnerable adult have been in contact; 3. All identifying information for the unascertainable respondent which is known to the petitioner or the vulnerable adult, including, but not limited to, pseudonyms, tax identification numbers, e-mail addres ses, telephone or cellular numbers, software application programs used, social media usernames and handles, or other similar information; 4. The facts leading the petitioner to believe that a proposed or initiated transfer of funds or property by the vulnerable adult is a response to a fraudulent request by the unascertainable respondent; and 5. A description of the petitioner's attempts to identify the unascertainable respondent, including, but not limited to, using the same method of communication that the unascertainable respondent used to communicate with the vulnerable adult. (c) When a petitioner files the sworn affidavit required under paragraph (b), the court must enter an order requiring the petitioner to serve the unascertainable responden t, through the same means of communication that the unascertainable respondent used to communicate with the vulnerable adult, within business CS/HB 2025 hb97-01-c1 FL OR I DA HO US EO FR EP RE SE NT A TI VE Sdays after the date the court issues the temporary injunction order or sets a final hearing. (d) The petitione rmust file with the court proof, including, but not limited to, a sworn affidavit with screenshots, that the petitioner has attempted to serve the unascertainable respondent in accordance with paragraph (c). This constitutes substitute service on the unas certainable respondent. (e) In accordance with a written final order of injunction, when using substitute service as provided in this subsection, any proposed transfer of funds or property in dispute must be held for days, beginning on the date the final order of injunction was issued, before such funds or property may be distributed for the benefit of the vulnerable adult. (f) This subsection shall be construed for the benefit and protection of a vulnerable adult. Section 2. This act shall take effect July 1, 2025.