Florida Senate - 2015 CS for SB 922 By the Committee on Judiciary; and Senator Latvala 590-02843-15 2015922c1 1 A bill to be entitled 2 An act relating to the appointment of an ad litem; 3 creating s. 49.31, F.S.; defining the term “ad litem”; 4 authorizing a court to appoint an ad litem for certain 5 parties upon whom service of process by publication is 6 made; prohibiting a court from appointing an ad litem 7 to represent an interest for which a personal 8 representative, guardian of property, or trustee is 9 serving; requiring an ad litem, upon discovery that 10 the party he or she represents is already represented 11 by a personal representative, guardian of property, or 12 trustee, or is deceased, to take certain actions; 13 prohibiting a court from requiring an ad litem to post 14 a bond or designate a resident agent; requiring a 15 court to discharge an ad litem when the final judgment 16 is entered or as otherwise ordered by the court; 17 providing that an ad litem is entitled to an award of 18 a reasonable fee for services and costs; providing for 19 assessment; prohibiting the use of state funds to pay 20 fees for services rendered by the ad litem except in 21 certain circumstances; prohibiting declaring certain 22 proceedings ineffective solely due to a lack of 23 statutory authority to appoint an ad litem; providing 24 construction; providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 49.31, Florida Statutes, is created to 29 read: 30 49.31 Appointment of ad litem.— 31 (1) As used in this section, the term “ad litem” means an 32 attorney, administrator, or guardian ad litem. 33 (2) The court may appoint an ad litem for any party, 34 whether known or unknown, upon whom service of process by 35 publication under this chapter has been properly made and who 36 has failed to file or serve any paper in the action within the 37 time required by law. A court may not appoint an ad litem to 38 represent an interest for which a personal representative, 39 guardian of property, or trustee is serving. 40 (a) If the court has appointed an ad litem and the ad litem 41 discovers that a personal representative, guardian of property, 42 or trustee is serving who represents the interest for which the 43 ad litem was appointed, the ad litem must promptly report that 44 finding to the court and must file a petition for discharge as 45 to any interest for which the personal representative, guardian 46 of property, or trustee is serving. 47 (b) If the court has appointed an ad litem to represent an 48 interest and the ad litem discovers that the person whose 49 interest he or she represents is deceased and there is no 50 personal representative, guardian of property, or trustee to 51 represent the decedent’s interest, the ad litem must make a 52 reasonable attempt to locate any spouse, heir, devisee, or 53 beneficiary of the decedent, must report to the court the name 54 and address of all such persons whom the ad litem locates, and 55 must petition for discharge as to any interest of the person 56 located. 57 (3) The court may not require an ad litem to post a bond or 58 designate a resident agent in order to serve as an ad litem. 59 (4) The court shall discharge the ad litem when the final 60 judgment is entered or as otherwise ordered by the court. 61 (5) The ad litem is entitled to an award of a reasonable 62 fee for services rendered and costs, which shall be assessed 63 against the party requesting the appointment of the ad litem, or 64 as otherwise ordered by the court. State funds may not be used 65 to pay fees for services rendered by the ad litem unless the ad 66 litem was requested by the state. 67 (6) In all cases adjudicated in which the court appointed 68 an ad litem, a proceeding may not be declared ineffective solely 69 due to lack of statutory authority to appoint an ad litem. 70 (7) This section does not abrogate a court’s common law 71 authority to appoint an ad litem. 72 Section 2. This act shall take effect July 1, 2015.