Florida Probate Rule 5.015 - GENERAL DEFINITIONS | Syfert Law

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Florida Probate Rule 5.015

RULE 5.015. GENERAL DEFINITIONS

(a) General. The definitions and rules of construction stated
or referred to in sections 1.01 and 393.12, Florida Statutes, and
chapters 731, 732, 733, 734, 735, 736, 738, 739, and 744, Florida
Statutes, as amended from time to time, shall apply to these rules,
unless otherwise defined in these rules.

(b) Specific Definitions. When used in these rules

(1) “certified copy” means a copy of a document signed
and verified as a true copy by the officer to whose custody the
original, whether in paper or electronic form, is entrusted;

(2) “formal notice” means notice under rule 5.040(a);

(3) “informal notice” means notice under rule 5.040(b);

(4) “judge” means a judge of the circuit court, including
any judge elected, appointed, substituted, or assigned to serve as
judge of the court;

(5) “guardian advocate” means a person appointed for a
person with a developmental disability pursuant to section 393.12,
Florida Statutes;

(6) “guardian” means a person appointed pursuant to
chapter 744, Florida Statutes, or a guardian advocate unless a rule
indicates otherwise;

(7) “ward” means an individual for whom a guardian is
appointed.

Committee Notes

Rule History

1977 Revision: No change in rule. Correction of typographical
error in committee note.

This is intended to simplify drafting of these rules and should
be liberally construed. See Fla. Prob. R. 5.190 and 5.540 and also
§§ 731.201 and 744.102, Fla. Stat.
1988 Revision: Rule was expanded due to deletion of rule
5.190. Committee notes expanded. Citation form changes in rule
and committee notes.

1992 Revision: Citation form changes in rule and committee
notes.

2000 Revision: Subdivision (b)(2) amended to delete outdated
reference to rule 5.550(c).

2007 Revision: Subdivision (a) amended to add reference to
chapter 736, Florida Statutes, which was added to the statutes
effective July 1, 2007 and which replaces deleted chapter 737, and
to add reference to chapter 739, Florida Statutes, which was added
effective July 1, 2005. Committee notes revised.

2008 Revision: Subdivision (a) amended to add reference to
section 393.12, Florida Statutes, which governs guardian advocates
for persons with developmental disabilities. As provided by section
744.102(11), the term “guardian advocate” as used in the Florida
Guardianship Law and these rules does not include a guardian
advocate appointed for a person determined to lack capacity to
consent to treatment under section 394.4598, Florida Statutes.
Subdivisions (b)(5) through (b)(7) added to reflect 2008 amendments
to section 393.12, Florida Statutes. Committee notes revised.

2020 Revision: Subdivision (b)(1) amended to reference
electronic original documents consistent with section 732.526,
Florida Statutes. Committee notes revised.

Statutory References

§ 1.01, Fla. Stat. Definitions.

§ 393.063, Fla. Stat. Definitions.

§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.

§ 731.201, Fla. Stat. General definitions.
§ 732.526, Fla. Stat. Probate.

§ 736.0103, Fla. Stat. Definitions.

§ 738.102, Fla. Stat. Definitions.

§ 739.102, Fla. Stat. Definitions.

§ 744.102, Fla. Stat. Definitions.