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.