Florida 2025 Regular Session Status: In Committee Bipartisan · 5 R · 1 D cosponsors

HB 97 — Service of Process in Proceedings for Protection of Vulnerable Adults

Last action — Laid on Table, companion bill(s) passed, see CS/SB 106 (Ch. 2025-158)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Service of Process in Proceedings for Protection of Vulnerable Adults; 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.

Bill Text

What changed in the latest version

29 added · 27 removed

29 line(s) added, 27 removed.

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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 HB 97 2025 A bill to be entitled An act relating to service of process in proceedings for protection of vulnerable adults;
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 CS/HB 97 2025 A bill to be entitled An act relating to service of process in proceedings for protection of vulnerable adults;
requiring that any proposed transfer of funds or property in dispute be held for a specified time period;
requiring that any proposed transfer of funds or property in dispute be held for a specified time period after the entry of a final order of injunction;
Present subsections (8) through (14) of section 825.1035, Florida Statutes, are redesignated as subsections (9) through (15), respectively, a new subsection (8) is added to that section, and subsection (7) of that section is amended, to read:
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:
hb97-00 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 HB 97 2025 825.1035 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 any, before the final hearing.
hb97-01-c1 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 CS/HB 97 2025 825.1035 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 any, before the final hearing.
hb97-00 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 HB 97 2025 affidavit based on the petitioner's information and belief.
hb97-01-c1 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 CS/HB 97 2025 affidavit based on the petitioner's information and belief.
hb97-00 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 HB 97 2025 days after the date the court issues the temporary injunction order.
hb97-01-c1 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 CS/HB 97 2025 days after the date the court issues the temporary injunction order or sets a final hearing.
(e) When substitute service is made upon an unascertainable respondent in accordance with this subsection, any proposed transfer of funds or property in dispute must be held for 30 days before such funds or property may be distributed in accordance with a written court order.
(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 30 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.
hb97-00
hb97-01-c1
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill adds provisions for substitute service on respondents whose identities are unascertainable in cases involving vulnerable adults, requiring certain affidavits and proof of service.

  • 825.1035

    Substitute Service on Unascertainable Respondent.—

    Establishes a new process for serving respondents who cannot be identified.

  • 825.1035(7)

    The respondent must shall be personally served, pursuant to chapter 48, with a copy of the petition, notice of hearing, and temporary injunction, if any, before the final hearing. → In lieu of service pursuant to chapter 48 as required pursuant to subsection (7), substitute service in accordance with this subsection may be made on an unascertainable respondent.

    Allows substitute service instead of personal service when the respondent's identity is unascertainable.

  • 825.1035(8)(a)

    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.

    Defines what constitutes an 'unascertainable respondent'.

  • 825.1035(8)(b)

    To effectuate substitute service pursuant to this subsection, a petitioner must file with the court a sworn affidavit 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 and 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 addresses, 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.

    Requires a detailed affidavit to initiate substitute service on an unascertainable respondent.

  • 825.1035(8)(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 respondent, through the same means of communication that the unascertainable respondent used to communicate with the vulnerable adult, within 2 business days after the date the court issues the temporary injunction order or sets a final hearing.

    Mandates that service to the unascertainable respondent is made via the same communication method they used.

  • 825.1035(8)(d)

    The petitioner must 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 unascertainable respondent.

    Establishes that proof of attempted service is necessary to validate substitute service.

  • 825.1035(8)(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 30 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.

    Requires a holding period for disputed funds or property following an injunction.

  • 825.1035(8)(f)

    This subsection shall be construed for the benefit and protection of a vulnerable adult.

    Clarifies that the provisions are intended to protect vulnerable adults.

Action History

  1. Laid on Table, companion bill(s) passed, see CS/SB 106 (Ch. 2025-158)

  2. Added to Second Reading Calendar

  3. Bill released to House Calendar

  4. Reported out of Judiciary Committee

  5. Favorable by Judiciary Committee

  6. Added to Judiciary Committee agenda

  7. Now in Judiciary Committee

  8. Reported out of Insurance & Banking Subcommittee

  9. Favorable by Insurance & Banking Subcommittee

  10. Added to Insurance & Banking Subcommittee agenda

  11. Now in Insurance & Banking Subcommittee

  12. Referred to Judiciary Committee

  13. Referred to Insurance & Banking Subcommittee

  14. 1st Reading (Committee Substitute 1)

  15. CS Filed

  16. Laid on Table under Rule 7.18(a)

  17. Reported out of Civil Justice & Claims Subcommittee

  18. Favorable with CS by Civil Justice & Claims Subcommittee

  19. 1st Reading (Original Filed Version)

  20. Added to Civil Justice & Claims Subcommittee agenda

  21. Now in Civil Justice & Claims Subcommittee

  22. Referred to Judiciary Committee

  23. Referred to Insurance & Banking Subcommittee

  24. Referred to Civil Justice & Claims Subcommittee

  25. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 4 co-sponsors · 157 not signed on

Sponsors (3)

Co-sponsors (4)

Not signed on (157)

157 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Favorable (Judiciary Committee)

Passed 20 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 15001
Democrat 5001
Total 20002
% of votes cast 91%0%0%9%
How each member voted (22)
Member Party Vote
Antone, Bruce Hadley Democrat Yea
Bracy Davis, LaVon Democrat Yea
Chambliss, Kevin D. Democrat Not Voting
Daley, Dan Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
López, Johanna Democrat Yea
Abbott, Shane G. Republican Yea
Albert, Jon Republican Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Anderson, Adam Republican Yea
Baker, Jessica Republican Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Cassel, Hillary Republican Not Voting
Fabricio, Tom Republican Yea
Koster, Traci Republican Yea
Maney, Patt Republican Yea
Owen, Michael Republican Yea
Plakon, Rachel Saunders Republican Yea
Porras, Juan Carlos Republican Yea
Salzman, Michelle Republican Yea

Official roll call →

Favorable (Insurance & Banking Subcommittee)

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 11001
Unaffiliated 1000
Democrat 5000
Total 17001
% of votes cast 94%0%0%6%
How each member voted (18)
Member Party Vote
Caruso — Yea
Chambliss, Kevin D. Democrat Yea
Dunkley, Lisa Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Woodson, Marie Paule Democrat Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Anderson, Adam Republican Yea
Booth, Erika Republican Yea
Botana, Adam Republican Yea
Cassel, Hillary Republican Not Voting
Gonzalez Pittman, Karen Republican Yea
Jacques, Berny Republican Yea
Kincart Jonsson, Jennifer Republican Yea
Miller, Monique Republican Yea
Steele, Kevin M. Republican Yea
Valdés, Susan L. Republican Yea
Yeager, Bradford Troy "Brad" Republican Yea

Official roll call →

Favorable With Committee Substitute (Civil Justice & Claims Subcommittee)

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 12000
Democrat 5000
Unaffiliated 1000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Lopez, V. — Yea
Antone, Bruce Hadley Democrat Yea
Daniels, Kimberly Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Joseph, Dotie Democrat Yea
Rayner, Michele K. Democrat Yea
Albert, Jon Republican Yea
Berfield, Kimberly Republican Yea
Blanco, Omar Republican Yea
Borrero, David Republican Yea
Kendall, Kim Republican Yea
Koster, Traci Republican Yea
Nix Jr., Danny Republican Yea
Oliver, Vanessa Republican Yea
Owen, Michael Republican Yea
Plasencia, Susan Republican Yea
Stark, Paula A. Republican Yea
Weinberger, Meg Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does HB 97 do?
Service of Process in Proceedings for Protection of Vulnerable Adults; 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.
Who sponsors HB 97?
HB 97 is sponsored by Salzman, Michelle (Republican), Blanco, Omar (Republican), Bartleman, Robin (Democrat), Bankson, Douglas Michael "Doug" (Republican), Berfield, Kimberly (Republican), Steele, Kevin M. (Republican), and Civil Justice & Claims Subcommittee.
What is the current status of HB 97?
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 97?
Track HB 97 free on One Click Politics — get push/email alerts when it moves.

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