RULE 5.540. HEARINGS

(a) Application. All hearings under chapter 744 and under
section 393.12, Florida Statutes, shall be open unless the alleged
incapacitated person, adjudicated ward, or person alleged to have a
developmental disability elects to have the hearing closed.

(b) Election. An election to close a hearing may be made
before the hearing by filing a written notice. Subject to the court’s
approval, an election to close or reopen a hearing may be made at
any time during the hearing by oral or written motion.

Committee Notes

This rule permits an alleged incapacitated person, adjudicated
ward, or person alleged to have a developmental disability to elect to
have all hearings open or closed at any time by oral or written
election.

Rule History

1991 Revision: New rule.

1992 Revision: Committee notes revised.
2008 Revision: Subdivision (a) amended to include persons
with a developmental disability. Committee notes revised.

Statutory References

§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.

§ 744.1095, Fla. Stat. Hearings.

§ 744.3085, Fla. Stat. Guardian advocates.

Rule Reference

Fla. Prob. R. 5.541 Recording of hearings.