The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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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 Casetext

Amendments to 744.367

Arrestable Offenses / Crimes under Fla. Stat. 744.367

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.367.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MCCULLOCH, A. M. v. SECRETARY OF HEALTH AND HUMAN SERVICES,, 923 F.3d 998 (Fed. Cir. 2019)

. . . . § 744.367(1) ; preparation of an annual accounting of the estate, id. § 744.367(2) ; an audit fee associated . . .

IN RE AMENDMENTS TO FLORIDA PROBATE RULES AND FAST- TRACK REPORT, 226 So. 3d 245 (Fla. 2017)

. . . The proposed amendments are in response to changes to sections 744.331 and 744.367, Florida Statutes . . . the reporting deadlines for annual guardianship reports consistent with the changes made to section 744.367 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 181 So. 3d 480 (Fla. 2015)

. . . The Committee indicates in its report that it believes the amendments to section 744.367 are procedural . . . Revisions [No Change] 2015 Revision: Subdivision (a)(1) amended to conform to statutory changes in section 744.367 . . .

RUDOLPH, v. ROSECAN,, 154 So. 3d 381 (Fla. Dist. Ct. App. 2014)

. . . See § 744.367, Fla. Stat. (2013). . . . See id. § 744.367(3). . . . may file written objections to any element of the report, specifying the nature of the objection. § 744.367 . . .

BIVINS, v. ROGERS,, 147 So. 3d 549 (Fla. Dist. Ct. App. 2014)

. . . See § 744.367(4), Fla. Stat. (2012). . . .

In GUARDIANSHIP OF TROST. s v., 100 So. 3d 1205 (Fla. Dist. Ct. App. 2012)

. . . Sections 744.367(3) and (4) provide that the guardian shall serve the guardianship annual report “to . . . (citing § 744.367(4), Fla. Stat. (1991); Fla. Prob. R. 5.700). . . .

ROTHMAN- BROWNING, Co- u a d Co- QTIP VIII u a d v. MARSHALL, Co- u a d Co- QTIP VIII u a d N. A. Co- u a d Co- QTIP VIII u a d, 83 So. 3d 859 (Fla. Dist. Ct. App. 2011)

. . . Section 744.367(4), Florida Statutes, provides that, “[wjithin 30 days after the annual report has been . . . may file written objections to any element of the report, specifying the nature of the objection.” § 744.367 . . . Under the plain meaning of sections 744.367(4) and 744.369(7), an objection filed within thirty days . . . order approving a guardianship plan, when section 744.369(1) is read in pari materia with sections 744.367 . . . Otherwise, sections 744.367(4) and 744.369(7) would be rendered meaningless. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . £ ⅜ Sí B p o GO CO o 00 crc § 744.367, Fla. Stat. . . . Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. . . . Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

. . . . § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. . . . Revision: Addition of language in subdivisions (a)(1) and (a)(2) to implement 1992 amendments to sections 744.367 . . . Revision: Requirement in (b) to serve minors age 14 and above deleted to conform to amendment to section 744.367 . . . Statutory References § 744.367, Fla. Stat. . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, THE FLORIDA RULES OF CIVIL PROCEDURE, THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE FLORIDA FAMILY LAW RULES OF PROCEDURE, THE FLORIDA RULES OF JUVENILE PROCEDURE, AND THE FLORIDA PROBATE RULES, 887 So. 2d 1090 (Fla. 2004)

. . . . § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3678, Fla. Stat. . . .

In GUARDIANSHIP OF H. SAPP. O v., 868 So. 2d 687 (Fla. Dist. Ct. App. 2004)

. . . . §§ 744.367(1), 744.3675; Fla. P.R. 5.695(a)(1). See generally Robert P. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3678, Fla. Stat. . . . Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. . . . Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 778 So. 2d 272 (Fla. 2000)

. . . . § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . . § 744.367, Fla.Stat. Duty to file annual guardianship report. § 744.3675, Fla.Stat. . . .

SUN BANK AND TRUST COMPANY, v. G. JONES,, 645 So. 2d 1008 (Fla. Dist. Ct. App. 1994)

. . . filed to the “home plan,” failed to sufficiently specify the basis for them, as is required by sections 744.367 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . Verified inventory. § 744.367, Fla.Stat. . . . Statutory References § 744.367, Fla.Stat. . . . Statutory References § 744.367, Fla.Stat. . . . Verified inventory. § 744.367, Fla.Stat. . . . Statutory References § 744.367, Fla.Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 584 So. 2d 964 (Fla. 1991)

In AMENDMENT TO FLORIDA PROBATE RULE- PART III GUARDIANSHIP, 551 So. 2d 452 (Fla. 1989)

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