IN RE AMENDMENTS TO FLORIDA PROBATE RULE 5.590
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The Court amended Florida Probate Rule 5.590 to require applicants for guardianship to disclose felony arrests or convictions, even if expunged, unless expunged under a specific statute.
[1] An application for appointment as guardian must include a statement regarding the applicant's arrest or conviction of a felony, even if expunged, unless the expunction wa…
[2] Florida Probate Rule 5.590(a)(1)(A) has been amended to require disclosure of felony arrests or convictions, regardless of expunction, with a specific exception for expun…
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Probate Rules Committee proposed an amendment to Rule 5.590 in response to recent legislation. The amendment requires applicants for…
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In response to recent legislation, The Florida Bar’s Probate Rules Committee (Committee) has filed an out-of-cycle, fast-track report proposing an amendment to Florida Probate Rule 5.590 (Application for Appointment as Guardian; Disclosure Statement; Filing). We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(e).
The Committee proposes amending subdivision (a)(1)(A) of rule 5.590 to require that an application for appointment as guardian include “a statement indicating whether the applicant has ever been (i) arrested or (ii) convicted of a felony, even if the record of such arrest or conviction has been expunged, unless the expunction was ordered pursuant to section 943.0583, Florida Statutes.” According to the report, the amendment is intended to conform the rule to recent amendments to section 943.0585(4)(a), Florida Statutes (2013), made by chapter 2014-124, Laws of Florida, which became effective July 1, 2014,1 as well as to sections 744.309(3) and 943.0583, Florida Statutes (2014). The Executive Committee of the Board of Governors of The Florida Bar unanimously approved the proposal.
After considering the proposed amendment and the relevant legislation, we amend rule 5.590 as proposed and reflected in the appendix to this opinion. New language is underscored. The committee notes are offered for explanation only and are not adopted as an official part of the rules. The amendments shall become effective immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.2
It is so ordered.
*1101LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
APPENDIX
RULE 5.590. APPLICATION FOR APPOINTMENT AS GUARDIAN; DISCLOSURE STATEMENT; FILING
(a) Individual Applicants.
(1) The application for appointment shall contain:
(A) the applicant’s qualifications to serve as a guardian, including a statement indicating whether the applicant has ever been (i) arrested or (ii) convicted of a felony, even if the record of such arrest or conviction has been expunged, unless the expunction was ordered pursuant to section 943.0583, Florida Statutes; and
(B) [No Change]
(2) [No Change]
(b)-(d) [No Change]
Committee Notes
Rule History
1988 Revision-2014 Revision: [No Change]
2014 Revision: Amends subdivision (a)(1)(A) to conform to sections 744.309(3), 943.0583, and 943.0585, Florida Statutes. Committee notes revised.
Statutory References
§ 393.063(17), Fla. Stat. Definitions.
§ 393.12, Fla. Stat. Capacity; appointment of guardian advocate.
§ 744.102(4), (9), (11), (14), (22) Fla. Stat. Definitions.
§ 744.3085, Fla. Stat. Guardian advocates.
§ 744.309, Fla. Stat. Who may be appointed guardian of a resident ward.
§ 744.3125, Fla. Stat. Application for appointment.
§ 744.331(1), Fla. Stat. Procedures to determine incapacity.
§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.
§ 943.0583, Fla. Stat. Human trafficking victim expunction.
§■943.0585, Fla. Stat. Court-ordered ex-punction of criminal history records.
Rule References
[No Change]