IN RE AMENDMENTS TO THE FLORIDA PROBATE RULES
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The Florida Supreme Court adopted amendments to five Florida Probate Rules in response to recent legislative changes, primarily to reflect statutory renumbering and the renaming of a state guardianship agency. The amendments became effective immediately, with a 60-day comment period to follow.
The Court adopted all proposed amendments to Rules 5.050, 5.560, 5.646, 5.648, 5.670, and 5.710, effective immediately upon release of the opinion, with a 60-day comment period to follow.
[1] Probate rules are amended to reflect legislative renumbering of statutes and agency name changes.
[2] Amendments to Florida Probate Rules become effective immediately upon release of the opinion.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“After considering the proposals and reviewing the relevant legislation, we adopt the amendments as proposed by the Committee.”
Establishes that the Court adopted the proposed amendments after review of the relevant legislative changes.
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Probate Rules Committee filed an out-of-cycle, fast-track report proposing amendments to the Florida Probate Rules in response to le…
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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 amendments to the Florida Probate Rules.1 See Fla. R. Jud. Admin. 2.140(e). After considering the proposals and reviewing the relevant legislation, we adopt the amendments as proposed by the Committee.
Rules 5.050 (Transfer of Proceedings); 5.560 (Petition for Appointment of Guardian of an Incapacitated Person); 5.646 (Standby Guardians); 5.648 (Emergency Temporary Guardian); and 5.670 (Termination of Guardianship on Change of Domicile of Resident Ward) are amended to reflect the renumbering of specific statutes, as adopted by the legislature in chapter 2016-40, sections 5, 6, 7, 9, 13, and 14, Laws of Florida. Additionally, rule 5.710 (Reports of Public Guardian) is amended in subdivisions (c), (d), and (e) to reflect the renaming of the Statewide Public Guardianship Office as the Office of Public and Professional Guardians. See eh.2016-40, § 8, Laws of Fla. (amending section 744.2001, Florida Statutes, formerly numbered section 744.7021, Florida Statutes).
Accordingly, the Florida Probate Rules are hereby amended as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type.2 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 release of this opinion. Because the amendments were not published for comment prior - to their adoption, interested persons shall *762have sixty days from the date of this opinion in which to file comments with the Court.3
It is so ordered.
LABARGA, C.J., and PARIENTE, . LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
APPENDIX
RULE 5.050. TRANSFER OF PROCEEDINGS
[No Change]
Committee Notes
Subdivision (b) of this rule represents a rule implementation of the procedure found in section 7444202(3)744.1097(3), Florida Statutes.
Rule History
1975-2008 Revisions: [No Change]
2016 Revision: Committee notes revised to reflect renumbering of section 744.202(3) to section 744.1097(3), Florida Statutes. Updated statutory references.
Statutory References
ch. 47, Fla. Stat. Venue.
§ 393.12, Fla. Stat. Capacity; appointment of guardian advocate.
§ 733.101, Fla. Stat. Venue of probate proceedings.
§ 744.106, Fla. Stat. Notice.
§ -74420Í744.1096, Fla. Stat. Domicile of ward.
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§ 744,2025744.1098, Fla. Stat. Change of ward’s residence.
§ 744.306, Fla. Stat. Foreign guardians.
§ 744.3085, Fla. Stat. Guardian advocates.
§ 744.3201, Fla. Stat. Petition to determine incapacity.
Rule References
[No Change]
RULE 5.560. PETITION FOR APPOINTMENT OF GUARDIAN OF AN INCAPACITATED PERSON
(a) Contents. The petition shall be verified by the petitioner and shall state:
(l)-(9) [No Change]
*763(10) if the proposed guardian is a professional guardian, a statement that the proposed guardian has complied with the registration requirements of section 714.1083744.2002, Florida Statutes.
(b)-(c) [No Change]
Committee Notes
Rule History
1975-2014 Révisions: [No Change]
2016 Revision: Subdivision (a)(9) revised to require the disclosure of whether there are possible alternatives to guardianship known to the petitioner. Committee notes revised.
2016 Revision: Subdivision (a)(10) amended to reflect the renumbering of the statute from section 744.1083 to section 744.2002, Florida Statutes. Committee notes revised to update statutory references.
Statutory References
§ .7444083744.2002, Fla. Stat. Professional guardian registration.
§ 744.309, Fla. Stat. Who may be appointed guardian of a resident ward.
for health care. Tfl <D > +3 O (D ⅛ CD o I <! 73 •+J CQ rS fe id r — f r — I CO £
§ 744.312, Fla. Stat. Considerations in appointment of guardian.
§ 744,3201, Fla. Stat. Petition to determine incapacity.
§ 744.331, Fla, Stat. Procedures to determine incapacity.
§ 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents.
§ 744.3371(1), Fla. Stat. Notice of petition for appointment of guardian and hearing.
§.744.341, Fla. Stat. Voluntary guardianship.
§ 744-.344744.2005, Fla. Stat. Order of appointment.
§ 744.462, Fla. Stat. Determination regarding alternatives to guardianship.
§ 744703744.2006, Fla. Stat. Office of public guardian; appointment, notification.
§ 765.102, Fla. Stat. Legislative intent and findings.
Rule References
[No Change]
RULE 5.646. STANDBY GUARDIANS
(a)-(b) [No Change]
(c) Petition for Confirmation.
(1) Contents. A standby guardian, not later than 20 days after the assumption of duties as guardian, shall petition for confirmation of appointment. The petition shall be verified by the petitioner and shall state:
(A)-(G) [No Change]
(H) if the proposed guardian is a professional guardian, a statement that the proposed guardian has complied with the educational requirements of section 744-.1-Q83744.2002, Florida Statutes.
(2) [No Change]
Committee Notes
The standby guardian must file an oath pursuant to rule 5.600 before commencing the exercise of authority as guardian. Pri- or to appointment, the standby guardian must file an application pursuant to rule 5.590.
Section 393.12(10), Florida Statutes, provides that a guardian advocate shall have all of the duties, responsibilities, and powers of a guardian under Chapter 744, Florida Statutes. However, section 744.304 authorizes the appointment of a standby guardian only for a minor or incapacitated person.
*764Rule History
2006-2014 Revisions: [No Change]
2016 Revision: Subdivision (c)(1)(H) amended to reflect the renumbering of section 744.1083 to section 744.2002, Florida Statutes. Committee notes revised.
Statutory Reference
[No Change]
Rule References
[No Change]
RULE 5.648. EMERGENCY TEMPORARY GUARDIAN
[No Change]
Committee Notes
Rule History
2007-2015 Revisions: [No Change]
2016 Revision: Committee notes revised to reflect renumbering of section 744.344(4) to section 744.2005, Florida Statutes. Updated statutory references.
Statutory References
§ 744.3031, Fla. Stat. Emergency temporary guardianship.
§ 744.-344(4)744.2005, Fla. Stat. Order of appointment.
Rule References
[No Change]
RULE 5.670. TERMINATION OF GUARDIANSHIP ON CHANGE OF DOMICILE OF RESIDENT WARD
[No Change]
Committee Notes
Rule Histoiy
1977-2012 Revisions: [No Change]
2016 Revision: Updated statutory references. Committee notes revised.
Statutory References
§ 393.12, Fla. Stat. Capacity; appointment of guardian advocate.
§ 744.102(8), (9), Fla. Stat. Definitions.
§ 744.201744.1096, Fla. Stat. Domicile of ward.
§ 744.202744,1097, Fla. Stat. Venue.
§ 744=2025744.1098, Fla. Stat. Change of ward’s residence.
§ 744.524, Fla. Stat. Termination of guardianship on change of domicile of resident ward.
§ 744.531, Fla. Stat. Order of discharge.
Rule References
[No Change]
RULE 5.710. REPORTS OF PUBLIC GUARDIAN
The public guardian, as the guardian of a ward, shall file:
(a)-(b) [No Change]
(c) a report within 6 months of his or her appointment as guardian of a ward, which shall also be filed with the executive director of the Statewide Public Guardianship — -Office of Public and Professional Guardians, stating:
(l)-(2) [No Change]
(d) an annual report, filed with the Statewide Public Guardianship Office of Public and Professional Guardians, by September 1 for the preceding fiscal year, on the operations of the office of public guardian; and
(e) a report of an independent audit by a qualified certified public accountant, to be filed with the Statewide Public-Guardianship Office of Public and Professional Guardians every 2 years.
*765Committee Notes
Rule History
1987-2010 Revisions: [No Change]
2016 Revision: Subdivisions (c), (d), and (e) amended to reflect the name change of the agency to the Office of Public and Professional Guardians. Committee notes revised to reflect the repeal of Part IX of Chapter 744, Florida Statutes.
Statutory Reference
§§ .744.701-744.709744.2001-744.2109, Fla. Stat. Public Guardianship Act.
Rule Reference
[No Change]