Florida Statute 49.31 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 49
CONSTRUCTIVE SERVICE OF PROCESS

View Entire Chapter

F.S. 49.31

49.31 Appointment of ad litem.—

(1) As used in this section, the term “ad litem” means an attorney, administrator, or guardian ad litem.

(2) The court may appoint an ad litem for any party, whether known or unknown, upon whom service of process by publication under this chapter has been properly made and who has failed to file or serve any paper in the action within the time required by law. A court may not appoint an ad litem to represent an interest for which a personal representative, guardian of property, or trustee is serving.

(a) If the court has appointed an ad litem and the ad litem discovers that a personal representative, guardian of property, or trustee is serving who represents the interest for which the ad litem was appointed, the ad litem must promptly report that finding to the court and must file a petition for discharge as to any interest for which the personal representative, guardian of property, or trustee is serving.

(b) If the court has appointed an ad litem to represent an interest and the ad litem discovers that the person whose interest he or she represents is deceased and there is no personal representative, guardian of property, or trustee to represent the decedent’s interest, the ad litem must make a reasonable attempt to locate any spouse, heir, devisee, or beneficiary of the decedent, must report to the court the name and address of all such persons whom the ad litem locates, and must petition for discharge as to any interest of the person located.

(3) The court may not require an ad litem to post a bond or designate a resident agent in order to serve as an ad litem.

(4) The court shall discharge the ad litem when the final judgment is entered or as otherwise ordered by the court.

(5) The ad litem is entitled to an award of a reasonable fee for services rendered and costs, which shall be assessed against the party requesting the appointment of the ad litem, or as otherwise ordered by the court. State funds may not be used to pay fees for services rendered by the ad litem unless state funds would have been expended for such services in the same circumstance before July 1, 2015.

(6) In all cases adjudicated in which the court appointed an ad litem, a proceeding may not be declared ineffective solely due to lack of statutory authority to appoint an ad litem.

(7) This section does not abrogate a court’s common law authority to appoint an ad litem.

History.—s. 1, ch. 2015-95.

F.S. 49.31 on Google Scholar

F.S. 49.31 on CourtListener

Amendments to 49.31

Annotations, Discussions, Cases:

Cases Citing Statute 49.31

Total Results: 11

Demars v. VILLAGE OR SANDALWOOD LAKES

625 So. 2d 1219, 1993 WL 100150

District Court of Appeal of Florida | Filed: Apr 7, 1993 | Docket: 474012

Cited 20 times | Published

under the statute. This also is consistent with section 49.031(3), Florida Statutes (1991) which states: "[a]fter

Callaghan v. Callaghan

337 So. 2d 986

District Court of Appeal of Florida | Filed: Mar 26, 1976 | Docket: 1415400

Cited 9 times | Published

misstated respondent's mailing address. Fla. Stat. § 49.031 requires, as a condition precedent to service

Mayo v. Mayo

344 So. 2d 933

District Court of Appeal of Florida | Filed: Apr 13, 1977 | Docket: 474648

Cited 7 times | Published

action by the petitioner, his agent or attorney. Section 49.031(1), Florida Statutes. Where, as here, a natural

Honegger v. COASTAL FERTILIZER & SUPPLY

712 So. 2d 1161, 1998 WL 372398

District Court of Appeal of Florida | Filed: Jun 12, 1998 | Docket: 1471782

Cited 5 times | Published

statement for constructive service as required by section 49.031, Florida Statutes (1995), and the Naples Daily

Batchin v. Barnett Bank of Southwest Florida

647 So. 2d 211, 1994 Fla. App. LEXIS 7809, 1994 WL 406674

District Court of Appeal of Florida | Filed: Aug 5, 1994 | Docket: 2084441

Cited 5 times | Published

statement is a condition precedent to such service. § 49.031, Fla. Stat. (1991). A party seeking service under

Tindal v. Varner

667 So. 2d 890, 1996 WL 46594

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 159670

Cited 2 times | Published

judgment voidable. Demars, 625 So.2d at 1222. See § 49.031(3), Fla.Stat. (1993). Because Ms. Tindal's residence

Dept. of Children and Families v. JJE

953 So. 2d 659, 2007 Fla. App. LEXIS 4670

District Court of Appeal of Florida | Filed: Mar 30, 2007 | Docket: 1337831

Cited 1 times | Published

that personal service could not be obtained. Section 49.031(1) Florida Statutes (2006); Floyd. The sworn

Grier v. Florida Department of Children & Families

710 So. 2d 1384, 1998 Fla. App. LEXIS 7414, 1998 WL 314660

District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 64781017

Published

precedent to notice by publication as required by section 49.031(1), Florida Statutes, was not filed until after

Corneal v. O'Brien

707 So. 2d 908, 1998 Fla. App. LEXIS 2289, 1998 WL 103746

District Court of Appeal of Florida | Filed: Mar 11, 1998 | Docket: 64779713

Published

of diligent search as required by statute. See § 49.031, Fla. Stat. (1995). In sum, as *909defendant argues

Tompkins v. Barnett Bank of St. Johns County

478 So. 2d 878, 10 Fla. L. Weekly 2640, 1985 Fla. App. LEXIS 16962

District Court of Appeal of Florida | Filed: Nov 21, 1985 | Docket: 64615611

Published

property within the jurisdiction of the court. Section 49.031 provides: (1)As a condition precedent to service

Naples Park-Vanderbilt Beach Water District v. Downing

244 So. 2d 464, 1970 Fla. App. LEXIS 6582

District Court of Appeal of Florida | Filed: Dec 2, 1970 | Docket: 64518937

Published

requires that the sworn statement referred to in Fla.Stat. 49.031, F.S.A. shall show that diligent search and