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Florida Statute 744.1097 - Full Text and Legal Analysis
Florida Statute 744.1097 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 744.1097 Case Law from Google Scholar Google Search for Amendments to 744.1097

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
F.S. 744.1097
744.1097 Venue.
(1) The venue in proceedings for declaration of incapacity shall be where the alleged incapacitated person resides or is found. The provisions of this section do not apply to veterans.
(2) The venue in proceedings for the appointment of a guardian shall be:
(a) If the incapacitated person is a resident of this state, in the county where the incapacitated person resides.
(b) If the incapacitated person is not a resident of this state, in any county in this state where property of the incapacitated person is located.
(c) If the incapacitated person is not a resident of this state and owns no property in this state, in the county where any debtor of the incapacitated person resides.
(d) If the incapacitated person is a child or young adult under the jurisdiction of a dependency court, in the county where the child or young adult resides or in the county having jurisdiction of the dependency case.
(3) When the residence of an incapacitated person is changed to another county, the guardian shall petition to have the venue of the guardianship changed to the county of the acquired residence, except in cases where venue was established under paragraph (2)(d) or as provided in s. 744.1098.
(4) If an incapacitated person is a resident of this state and is found in a county other than the county of residence, the venue for declaration of incapacity and for the appointment of a guardian may be the county where the incapacitated person is found. Upon transfer of the incapacitated person to the county of residence, the guardian may have the venue of the guardianship changed to the county of residence and a successor guardian may be appointed.
History.s. 1, ch. 74-106; s. 5, ch. 75-222; s. 15, ch. 89-96; s. 7, ch. 90-271; s. 33, ch. 95-401; s. 3, ch. 96-354; s. 6, ch. 2016-40; s. 1, ch. 2019-10.
Note.Created from former s. 744.11; former s. 744.202.

F.S. 744.1097 on Google Scholar

F.S. 744.1097 on CourtListener

Amendments to 744.1097


Annotations, Discussions, Cases:

Cases Citing Statute 744.1097

Total Results: 2

In Re: Amendments to the Florida Probate Rules - Guardianship

Supreme Court of Florida | Filed: Sep 3, 2020 | Docket: 18407701

Published

, files this petition pursuant to section 744.1097, Florida Statutes, and alleges that:

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

200 So. 3d 761, 41 Fla. L. Weekly Supp. 384, 2016 Fla. LEXIS 2037, 2016 WL 4916772

Supreme Court of Florida | Filed: Sep 15, 2016 | Docket: 4422158

Published

reflect renumbering of section 744.202(3) to section 744.1097(3), Florida Statutes. Updated statutory references