CS/CS/CS/HB 775 Summary

• Creates s. 49.31, F.S. to define "ad litem" as an attorney, administrator, or guardian ad litem and authorize courts to appoint one for parties served by publication who fail to respond within required timeframes.

• Prohibits court appointment of an ad litem to represent an interest already represented by a personal representative, guardian of property, or trustee, and requires ad litems to report and petition for discharge upon discovering such representations or the party's death.

• Prohibits courts from requiring ad litems to post bonds or designate resident agents, and requires discharge of ad litems when final judgment is entered.

• Entitles ad litems to reasonable fees and costs assessed against the party requesting appointment or as ordered by court, with state funds restricted except where state funds would have been expended before July 1, 2015.

• Provides that proceedings cannot be declared ineffective solely due to lack of statutory authority to appoint an ad litem, and preserves courts' common law authority to make such appointments.