HB 97 2025
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hb97-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to service of process in proceedings 2
for protection of vulnerable adults; amending s. 3
825.1035, F.S.; authorizing the use of substitute 4
service on unascertainable respondents; defining the 5
term "unascertainable respondent"; requiring a 6
petitioner to file with the court a sworn affidavit to 7
effectuate substitute service; providing requirements 8
for the affidavit; requiring the court to enter an 9
order providing for specified service when a 10
petitioner files the sworn affidavit; requiring the 11
petitioner to file with the court proof that the 12
petitioner attempted to serve the unascertainable 13
respondent; requiring that any proposed transfer of 14
funds or property in dispute be held for a specified 15
time period; providing construction; providing an 16
effective date. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
20
Section 1. Present subsections (8) through (14) of section 21
825.1035, Florida Stat utes, are redesignated as subsections (9) 22
through (15), respectively, a new subsection (8) is added to 23
that section, and subsection (7) of that section is amended, to 24
read: 25
HB 97 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825.1035 Injunction for protection against exploitation of 26
a vulnerable adult.— 27
(7) NOTICE OF PETITION AND INJUNCTION. — 28
(a) Except as provided in subsection (8), the respondent 29
must shall be personally served, pursuant to chapter 48, with a 30
copy of the petition, notice of hearing, and temporary 31
injunction, if any, before the final hearing. 32
(b) If the petitioner is acting in a representative 33
capacity, the vulnerable adult must shall also be served with a 34
copy of the petition, notice of hearing, and temporary 35
injunction, if any, before the final hearing. 36
(c) If any assets or lines of credit are ordered to be 37
frozen, the depository or financial institution must be served 38
as provided in s. 655.0201. 39
(8) SUBSTITUTE SERVICE ON UNASCERTAINABLE RESPONDENT. — 40
(a) In lieu of service pursuant to chapter 48 as required 41
pursuant to subsection (7), substitute service in accordance 42
with this subsection may be made on an unascertainable 43
respondent. As used in this subsection, the term 44
"unascertainable respondent" means a person whose identity 45
cannot be ascertained or whose identity is unknown, and who has 46
communicated with the vulnerable adult through any means that 47
make tracing the person's identity impractical. 48
(b) To effectuate substitute service pursuant to this 49
subsection, a petitioner must file with the court a sworn 50
HB 97 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
affidavit based on the petitioner's information and belief. The 51
affidavit must include: 52
1. The facts leading the petitioner to believe that the 53
respondent is an unascertainable respondent; 54
2. Information regarding how the unascertainable 55
respondent and the vulnerable adu lt have been in contact; 56
3. All identifying information for the unascertainable 57
respondent which is known to the petitioner or the vulnerable 58
adult, including, but not limited to, pseudonyms, tax 59
identification numbers, e -mail addresses, telephone or cel lular 60
numbers, software application programs used, social media 61
usernames and handles, or other similar information; 62
4. The facts leading the petitioner to believe that a 63
proposed or initiated transfer of funds or property by the 64
vulnerable adult is a response to a fraudulent request by the 65
unascertainable respondent; and 66
5. A description of the petitioner's attempts to identify 67
the unascertainable respondent, including, but not limited to, 68
using the same method of communication that the unascertainab le 69
respondent used to communicate with the vulnerable adult. 70
(c) When a petitioner files the sworn affidavit required 71
under paragraph (b), the court must enter an order requiring the 72
petitioner to serve the unascertainable respondent, through the 73
same means of communication that the unascertainable respondent 74
used to communicate with the vulnerable adult, within 2 business 75
HB 97 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
days after the date the court issues the temporary injunction 76
order. 77
(d) The petitioner must file with the court proof, 78
including, but not limited to, a sworn affidavit with 79
screenshots, that the petitioner has attempted to serve the 80
unascertainable respondent in accordance with paragraph (c). 81
This constitutes substitute service on the unascertainable 82
respondent. 83
(e) When substitute service is made upon an 84
unascertainable respondent in accordance with this subsection, 85
any proposed transfer of funds or property in dispute must be 86
held for 30 days before such funds or property may be 87
distributed in accordance with a written court order. 88
(f) This subsection shall be construed for the benefit and 89
protection of a vulnerable adult. 90
Section 2. This act shall take effect July 1, 2025. 91