On January 3, 2025, the Florida State Legislature introduced House Bill 97, aimed at enhancing the service of process in legal proceedings concerning the protection of vulnerable adults. This bill addresses significant gaps in the current legal framework, particularly in cases where respondents are unascertainable, thereby ensuring that vulnerable individuals receive the necessary legal protections.

The primary provisions of HB 97 include a requirement for petitioners to provide proof of their attempts to serve an unascertainable respondent. This proof must consist of a sworn affidavit and supporting documentation, such as screenshots, demonstrating the efforts made to locate and serve the respondent. If these conditions are met, the bill allows for substitute service, which is intended to expedite legal proceedings while safeguarding the interests of vulnerable adults.

Another critical aspect of the bill is the stipulation that any proposed transfer of disputed funds or property must be held for 30 days following the substitute service. This provision aims to prevent the potential dissipation of assets during the legal process, ensuring that vulnerable adults are adequately protected until a court order is issued.

The introduction of HB 97 has sparked discussions among lawmakers and advocacy groups. Proponents argue that the bill is a necessary step toward improving the legal protections for vulnerable adults, particularly in cases where traditional service methods fail. Critics, however, have raised concerns about the adequacy of substitute service and whether it sufficiently guarantees that respondents are informed of legal actions against them.

The implications of this bill extend beyond procedural changes; it reflects a growing recognition of the need to protect vulnerable populations within the legal system. Experts suggest that if passed, HB 97 could set a precedent for similar legislative efforts in other states, potentially influencing how vulnerable adults are treated in legal proceedings nationwide.

As the bill progresses through the legislative process, its future remains uncertain. Stakeholders are closely monitoring developments, with discussions expected to continue in the coming weeks. The bill is set to take effect on July 1, 2025, should it receive the necessary approvals.