Florida Statute 744.3701 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.3701

744.3701 Confidentiality.—

(1) Unless otherwise ordered by the court, upon a showing of good cause, an initial, annual, or final guardianship report or amendment thereto, or a court record relating to the settlement of a claim, is subject to inspection only by the court, the clerk or the clerk’s representative, the guardian and the guardian’s attorney, the guardian ad litem with regard to the settlement of the claim, the ward if he or she is at least 14 years of age and has not been determined to be totally incapacitated, the ward’s attorney, the minor if he or she is at least 14 years of age, or the attorney representing the minor with regard to the minor’s claim, or as otherwise provided by this chapter.

(2) The court may direct disclosure and recording of parts of an initial, annual, or final report or amendment thereto, or a court record relating to the settlement of a claim, including a petition for approval of a settlement on behalf of a ward or minor, a report of a guardian ad litem relating to a pending settlement, or an order approving a settlement on behalf of a ward or minor, in connection with a real property transaction or for such other purpose as the court allows.

(3) A court record relating to the settlement of a ward’s or minor’s claim, including a petition for approval of a settlement on behalf of a ward or minor, a report of a guardian ad litem relating to a pending settlement, or an order approving a settlement on behalf of a ward or minor, is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and may not be disclosed except as specifically authorized.

(4) The clerk may disclose confidential information to the Department of Children and Families or law enforcement agencies for other purposes as provided by court order.

History.—s. 39, ch. 90-271; s. 1091, ch. 97-102; s. 1, ch. 2015-84; s. 3, ch. 2018-68.

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Amendments to 744.3701

Annotations, Discussions, Cases:

Cases Citing Statute 744.3701

Total Results: 13

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

report. § 744.365, Fla. Stat. Verified inventory. § 744.3701, Fla. Stat. Inspection of report. § 744.381,

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

objections. The guardian’s counsel argued that section 744.3701, Florida Statutes (2013), did not entitle

In Re Amendments to the Fl. Probate Rules

964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1689866

Cited 1 times | Published

report. § 744.365, Fla. Stat. Verified inventory. § 744.3701, Fla. Stat. Inspection of report. § 744.381,

In Re: Amendments to Florida Rules of General Practice and Judicial Administration 2.420 and 2.533

Supreme Court of Florida | Filed: Jun 8, 2023 | Docket: 67366061

Published

maintain as confidential in accordance with section 744.3701, Florida Statutes (2022). New rule 2.533

In Re: Amendments to Florida Rules of General Practice and Judicial Administration 2.420 and 2.533

Supreme Court of Florida | Filed: May 11, 2023 | Docket: 67366061

Published

maintain as confidential in accordance with section 744.3701, Florida Statutes (2022). New rule 2.533

Wallace v. Comprehensive Pers. Care Servs., Inc.

275 So. 3d 782

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 64719871

Published

preparation for, or at, the adjudicatory hearing. § 744.3701, Fla. Stat. (2018), "Confidentiality." Although

Wallace v. Comprehensive Pers. Care Servs., Inc.

275 So. 3d 782

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 64719872

Published

preparation for, or at, the adjudicatory hearing. § 744.3701, Fla. Stat. (2018), "Confidentiality." Although

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

and reports and trust account-ings. Under section 744.3701(2), “[t]he court may direct disclosure and

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

report. § 744.365, Fla. Stat. Verified inventory. § 744.3701, Fla. Stat. Inspection of report. § 744.381,

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

Order requiring guardianship report; contempt. § 744.3701, Fla. Stat. Inspection of report. § 744.371,

In re Amendments to the Florida Probate Rules

912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Supreme Court of Florida | Filed: Sep 29, 2005 | Docket: 64840686

Published

report. § 744.365, Fla. Stat. Verified inventory. § 744.3701, Fla. Stat. Inspection of report. § 744.381,

Ago

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

Published

Florida Statutes, public records or does section 744.3701(1), Florida Statutes, exempt these records

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

report. § 744.365, Fla.Stat. Verified inventory. § 744.3701, Fla.Stat. Inspection of report. § 744.381, Fla