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Florida Statute 744.3678 - Full Text and Legal Analysis
Florida Statute 744.3678 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
744.3678 Annual accounting.
(1) Each guardian of the property must file an annual accounting with the court.
(2) The annual accounting must include:
(a) A full and correct account of the receipts and disbursements of all of the ward’s property over which the guardian has control and a statement of the ward’s property on hand at the end of the accounting period. This paragraph does not apply to any property or any trust of which the ward is a beneficiary but which is not under the control or administration of the guardian.
(b) A copy of the annual or year-end statement of all of the ward’s cash accounts from each of the institutions where the cash is deposited.
(3) The guardian must obtain a receipt, canceled check, or other proof of payment for all expenditures and disbursements made on behalf of the ward. The guardian must preserve all evidence of payment, along with other substantiating papers, for a period of 3 years after his or her discharge. The receipts, proofs of payment, and substantiating papers need not be filed with the court but shall be made available for inspection and review at the time and place and before the persons as the court may order.
(4) The guardian shall pay from the ward’s estate to the clerk of the circuit court a fee based upon the following graduated fee schedule, upon the filing of the annual financial return, for the auditing of the return:
(a) For estates with a value of $25,000 or less the clerk of the court may charge a fee of up to $20, from which the clerk shall remit $5 to the Department of Revenue for deposit into the General Revenue Fund.
(b) For estates with a value of more than $25,000 up to and including $100,000 the clerk of the court may charge a fee of up to $85, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund.
(c) For estates with a value of more than $100,000 up to and including $500,000 the clerk of the court may charge a fee of up to $170, from which the clerk shall remit $20 to the Department of Revenue for deposit into the General Revenue Fund.
(d) For estates with a value in excess of $500,000 the clerk of the court may charge a fee of up to $250, from which the clerk shall remit $25 to the Department of Revenue for deposit into the General Revenue Fund.

Upon petition by the guardian, the court may waive the auditing fee upon a showing of insufficient funds in the ward’s estate. Any guardian unable to pay the auditing fee may petition the court for a waiver of the fee. The court may waive the fee after it has reviewed the documentation filed by the guardian in support of the waiver.

(5) This section does not apply if the court determines that the ward receives income only from social security benefits and the guardian is the ward’s representative payee for the benefits.
History.s. 52, ch. 89-96; ss. 35, 72, ch. 90-271; s. 1088, ch. 97-102; s. 116, ch. 2003-402; s. 13, ch. 2004-260; s. 78, ch. 2004-265; s. 139, ch. 2005-2; s. 17, ch. 2006-178; s. 41, ch. 2008-111; s. 27, ch. 2019-58.

F.S. 744.3678 on Google Scholar

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Amendments to 744.3678


Annotations, Discussions, Cases:

Cases Citing Statute 744.3678

Total Results: 18  |  Sort by: Relevance  |  Newest First

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Sun Bank & Trust Co. v. Jones, 645 So. 2d 1008 (Fla. 5th DCA 1994).

Cited 6 times | Published | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 9379, 1994 WL 531274

...aloosa. On July 30, 1991, Jones filed an Annual Guardianship Plan for July 1, 1991 through June 30, 1992, and an Annual Report of Guardian of Property for the time period of *1013 July 1, 1990 through June 30, 1991, pursuant to sections 744.3675 and 744.3678, Florida Statutes....
...The record on appeal does not show that any notice of these reports having been filed was sent to anyone, nor that copies of them were sent to anyone. The record also fails to disclose that any audit fee was paid to the clerk of the circuit court, pursuant to section 744.3678(4)....
...ot properly approved by the court pursuant to the applicable statutes and rules, and no prior court order was entered approving or authorizing the payment of the fees for Jones' attorney encompassed in the petition filed on May 29, 1992. Pursuant to section 744.3678, an annual guardianship report must be audited by the clerk within ninety days after it is filed....
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Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004).

Cited 5 times | Published | Supreme Court of Florida | 2004 WL 2201732

...Accounting and discharge following resignation. § 733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. § 733.901, Fla. Stat. Final discharge. ch. 738, Fla. Stat. Principal and income. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3678, Fla....
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In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991).

Cited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

...§ 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....
...§ 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....
...The annual guardianship report shall be filed within 30 days after the last day of the anniversary month of the guardian's appointment. The annual guardianship report must include the annual guardianship plan and the annual financial return in compliance with F.S. 744.3675 and F.S. 744.3678, and shall be served on the ward and the ward's attorney, if any....
...1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Substantial changes and rule renumbered. Statutory References § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....
...dianship available for inspections to those persons entitled to receive or inspect the annual accounting. *989 Committee Notes Rule History 1991 Revision: New rule. Statutory References § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3678, Fla....
...Statutory References § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....
...Date reference no longer required in (c), and modified to make filing requirement of preexisting guardianships consistent with the current statutory provisions. Statutory References § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....
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Gs v. Tb, 985 So. 2d 978 (Fla. 2008).

Cited 4 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 325, 2008 Fla. LEXIS 1243

...The reports must include detailed private information concerning the ward, including medical and mental health conditions, an examining physician's report, social condition, skills and needs, and a school progress report summary. § 744.3675, Fla. Stat. (2005). Guardianships also require annual accounting pursuant to section 744.3678, Florida Statutes (2005)....
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G.S. v. T.B., 985 So. 2d 978 (Fla. 2008).

Cited 2 times | Published | Supreme Court of Florida

...The reports must include detailed private information concerning the ward, including medical and mental health conditions, an examining physician’s report, social condition, skills and needs, and a school progress report summary. § 744.3675, Fla. Stat. (2005). Guardianships also require annual accounting pursuant to section 744.3678, Florida Statutes (2005)....
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In re Amendment to Florida Prob. Rule—Part III (Guardianship), 551 So. 2d 452 (Fla. 1989).

Published | Supreme Court of Florida | 1989 WL 139493

...The annual guardianship report shall be filed within 30 days after the last day of the anniversary month of the guardian’s appointment. The annual guardianship report must include the annual guardianship plan and the annual financial return in compliance with F.S. 744.3675 and F.S. 744.3678, and shall be served on the ward and the ward’s attorney, if any....
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Amendments to the Florida Prob. Rules, 778 So. 2d 272 (Fla. 2000).

Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

...§ 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....
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Keithly v. Vance, 854 So. 2d 854 (Fla. 2d DCA 2003).

Published | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 14550, 2003 WL 22213630

...tocopy of the front side of the checks. Keithly advised the probate court that she could obtain copies of the backs of the checks from the bank at a cost of approximately $3,300. The probate court ordered her to obtain the copies at her own expense. Section 744.3678(3), Florida Statutes (2000), provides that a “guardian must obtain a receipt or canceled check for all expenditures and disbursements made on behalf of the ward.” We agree with the probate court that a copy of the front side of a check is not the equivalent of a canceled check....
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In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992).

Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

...Resignation of personal representative. 733.901, Fla.Stat. Distribution; final discharge. ch. 738, Fla.Stat. Principal and income. F.S, 744,427-Annual returns. F.S. 744.431 -Order requiring return; contempt, § 744.367, Fla.Stat. Duty to file annual guardianship report. § 744.3678, Fla.Stat....
...§ 744.362, Fla.Stat. Initial guardianship report. § 744.363, Fla.Stat. Initial guardianship plan. § 744.365, Fla.Stat. Verified inventory. § 744.367, Fla.Stat. Duty to file annual guardianship report. § 744.3675, Fla.Stat. Annual guardianship plan. § 744.3678, Fla.Stat....
...to sections 744.367(1) and (2), Florida Statutes. Committee notes revised. Citation form changes in committee notes. Statutory References § 744.367, Fla.Stat. Duty to file annual guardianship report. § 744.3675, Fla.Stat. Annual guardianship plan. § 744.3678, Fla.Stat....
...entitled to receive or inspect the annual accounting. Committee Notes Rule History 1991 Revision: New rule. 1992 Revision: Citation form changes in committee notes. Statutory References § 744.367, Fla.Stat. Duty to file annual guardianship report. § 744.3678, Fla.Stat....
...Statutory References § 744.362, Fla.Stat. Initial guardianship report. § 744.363, Fla.Stat. Initial guardianship plan. § 744.365, Fla.Stat. Verified inventory. § 744.367, Fla.Stat. Duty to file annual guardianship report. § 744.3675, Fla.Stat. Annual guardianship plan. § 744.3678, Fla.Stat....
...dianships consistent with the current statutory provisions. 1992 Revision: Citation form changes in committee notes. Statutory References § 744.367, Fla.Stat. Duty to file annual guardianship report. § 744.3675, Fla.Stat. Annual guardianship plan. § 744.3678, Fla.Stat....
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In Re Amendments to the Florida Prob. Rules, 199 So. 3d 835 (Fla. 2016).

Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 358, 2016 Fla. LEXIS 1963, 2016 WL 4586099

requirements that go beyond those contained in section 744.3678, Florida Statutes, the governing substantive
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In Re: Amendments to the Florida Prob. Rules - 2021 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

...Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....
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White v. Guardianship of Gary L. Lubin, 150 So. 3d 1256 (Fla. 2d DCA 2014).

Published | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 19259, 2014 WL 6497820

...White was required to examine, approve, and pay Mr. Lubin's bills. Some portion of her time must be properly chargeable for this task. A guardian is required by statute to account for and keep records of all disbursements made on behalf of the ward. § 744.3678(2), (3)....
...es and disbursements made on behalf of the ward. The guardian must preserve all evidence of payment, along with other substantiating papers, for a period of 3 years after his or her discharge. § 744.3678(3)....
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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

...§ 733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. § 733.901, Fla. Stat. Distribution; fFinal discharge. ch. 738, Fla. Stat. Principal and income. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3678, Fla....
...§ 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....
...Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. *1149 § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....
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Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

annual accounting, which, as described in section 744.3678, Florida Statutes, must include: "(a) A full
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In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

...Accounting and discharge of removed personal representatives upon removal. § 733.901, Fla. Stat. Final discharge. ch. 738, Fla. Stat. Principal and income. § 744.3085, Fla. Stat. Guardian advocates. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3678, Fla....
...§ 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....
...§ 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....
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In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

Fla. Stat. Annual guardianship plan. § 744.3678, Fla. Stat. Annual accounting. § 744
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In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007).

Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

...§ 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....
...2006 Revision: Requirement in (b) to serve minors age 14 and above deleted to conform to amendment to section 744.367(3), Florida Statutes. Committee notes revised. Statutory References § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....
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In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2020).

Published | Supreme Court of Florida

...Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla....