Florida Statute 744.367 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

View Entire Chapter

F.S. 744.367

744.367 Duty to file annual guardianship report.—

(1) Unless the court requires filing on a calendar-year basis, each guardian of the person shall file with the court an annual guardianship plan within 90 days after the last day of the anniversary month that the letters of guardianship were signed, and the plan must cover the coming fiscal year, ending on the last day in such anniversary month. If the court requires calendar-year filing, the guardianship plan must be filed on or before April 1 of each year. The latest annual guardianship plan approved by the court will remain in effect until the court approves a subsequent plan.

(2) Unless the court requires or authorizes filing on a fiscal-year basis, each guardian of the property shall file with the court an annual accounting on or before April 1 of each year. The annual accounting must cover the preceding calendar year. If the court authorizes or directs filing on a fiscal-year basis, the annual accounting must be filed on or before the first day of the fourth month after the end of the fiscal year.

(3)(a) The annual guardianship report of a guardian of the property must consist of an annual accounting, and the annual guardianship report of a guardian of the person must consist of an annual guardianship plan. The annual guardianship report of a guardian of the property and the annual guardianship report of a guardian of the person must both include a declaration of all remuneration received by the guardian from any source for services rendered to or on behalf of the ward. As used in this paragraph, the term “remuneration” means any payment or other benefit made directly or indirectly, overtly or covertly, or in cash or in kind to the guardian.

(b) The annual guardianship report must be served on the ward, unless the ward is a minor or is totally incapacitated, and on the attorney for the ward, if any. The guardian shall provide a copy to any other person as the court may direct.

(4) Unless the ward is a minor or has been determined to be totally incapacitated, the guardian shall review a copy of the annual report with the ward, to the extent possible. Within 30 days after the annual report has been filed, any interested person, including the ward, may file written objections to any element of the report, specifying the nature of the objection.

(5) If the guardian fails to timely file the annual guardianship report, the judge may impose sanctions which may include contempt, removal of the guardian, or other sanctions provided by law in s. 744.3685.

(6) Notwithstanding any other requirement of this section or unless otherwise directed by the court, the guardian of the property may file the first annual accounting on either a fiscal-year or calendar-year basis. Unless the court directs otherwise, the guardian shall notify the court as to the guardian’s filing intention within 30 days from the date the guardian was issued the letter of guardianship. All subsequent annual accountings must be filed on the same accounting period as the first annual accounting unless the court authorizes or directs otherwise. The first accounting period must end within 1 year after the end of the month in which the letters of guardianship were issued to the guardian of the property.

History.—s. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s. 50, ch. 89-96; s. 33, ch. 90-271; s. 25, ch. 92-200; s. 68, ch. 95-211; s. 24, ch. 95-401; s. 10, ch. 96-354; s. 15, ch. 2006-178; s. 16, ch. 2015-83; s. 2, ch. 2017-16; s. 4, ch. 2020-35.

Note.—Created from former s. 744.482.

F.S. 744.367 on Google Scholar

F.S. 744.367 on CourtListener

Amendments to 744.367

Annotations, Discussions, Cases:

Cases Citing Statute 744.367

Total Results: 19

Sun Bank and Trust Co. v. Jones

645 So. 2d 1008, 1994 Fla. App. LEXIS 9379, 1994 WL 531274

District Court of Appeal of Florida | Filed: Sep 30, 1994 | Docket: 1222869

Cited 6 times | Published

Co., 616 So.2d 1081 (Fla. 4th DCA 1993). [9] § 744.367(4), Fla. Stat. (1991). [10] Fla.Prob.R. 5.700

Amend. to Rules of App. Proc., Civ. Proc.

887 So. 2d 1090, 2004 WL 2201732

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 1515169

Cited 5 times | Published

discharge. ch. 738, Fla. Stat. Principal and income. § 744.367, Fla. Stat. Duty to file annual guardianship report

In Re Amendments to the Florida Probate Rules

584 So. 2d 964, 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

Supreme Court of Florida | Filed: Aug 22, 1991 | Docket: 1515221

Cited 5 times | Published

plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report

Carol Rudolph v. Lauren Richard Rosecan

154 So. 3d 381, 2014 Fla. App. LEXIS 19364, 2014 WL 6674749

District Court of Appeal of Florida | Filed: Nov 26, 2014 | Docket: 2609439

Cited 1 times | Published

an annual guardianship report. See § 744.367, Fla. Stat. (2013). That report must contain an

Rothman-Browning v. Marshall

83 So. 3d 859, 2011 Fla. App. LEXIS 20447, 2011 WL 6373038

District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 60306514

Cited 1 times | Published

to the guardianship plan in accordance with section 744.367, Florida Statutes, the trial court erred in

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Supreme Court of Florida | Filed: Nov 4, 2021 | Docket: 60698371

Published

744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Supreme Court of Florida | Filed: Feb 18, 2021 | Docket: 59299022

Published

365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Supreme Court of Florida | Filed: Dec 31, 2020 | Docket: 27333564

Published

744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report

In Re: Amendments to Florida Probate Rules 5.550 and 5.695-2017 Fast-Track Report

226 So. 3d 245, 2017 WL 3910512

Supreme Court of Florida | Filed: Sep 7, 2017 | Docket: 6148797

Published

reports consistent with the changes made to section 744.367(1), Florida Statutes (2016), by section 2 of

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

181 So. 3d 480, 40 Fla. L. Weekly Supp. 703, 2015 Fla. LEXIS 2810, 2015 WL 9264021

Supreme Court of Florida | Filed: Dec 17, 2015 | Docket: 3022132

Published

Reports) to conform to legislative changes to section 744,367, Florida Statutes, made by chapter 2015-83

Bivins v. Rogers

147 So. 3d 549, 2014 WL 940659, 2014 Fla. App. LEXIS 3460

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60243274

Published

file objections to guardianship reports. See § 744.367(4), Fla. Stat. (2012). As next of kin, he is also

Swan v. Trost

100 So. 3d 1205, 2012 Fla. App. LEXIS 19550, 2012 WL 5458080

District Court of Appeal of Florida | Filed: Nov 9, 2012 | Docket: 60225563

Published

proposed to be taken by a guardian.” (citing § 744.367(4), Fla. Stat. (1991); Fla. Prob. R. 5.700). Matthias

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

income. § 744.3085, Fla. Stat. Guardian advocates. § 744.367, Fla. Stat. Duty to file annual guardianship report

In re Amendments to the Florida Probate Rules

948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Supreme Court of Florida | Filed: Feb 1, 2007 | Docket: 64849101

Published

plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report

Ago

Florida Attorney General Reports | Filed: Jul 2, 2004 | Docket: 3255987

Published

annual guardianship report as required by section 744.367, Florida Statutes. The annual guardianship

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

discharge. ch. 738, Fla. Stat. Principal and income. § 744.367, Fla. Stat. Duty to file annual guardianship report

Amendments to the Florida Probate Rules

778 So. 2d 272, 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 64803740

Published

plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

S. 744.431 -Order requiring return; contempt, § 744.367, Fla.Stat. Duty to file annual guardianship report

In re Amendment to Florida Probate Rule—Part III (Guardianship)

551 So. 2d 452, 1989 WL 139493

Supreme Court of Florida | Filed: Sep 29, 1989 | Docket: 64645896

Published

of the annual guardianship report pursuant to F.S. 744.367, the guardian of a ward adjudicated before October