Florida Statute 744.367 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.367

744.367 Duty to file annual guardianship report.—

(1) Unless the court requires filing on a calendar-year basis, each guardian of the person shall file with the court an annual guardianship plan within 90 days after the last day of the anniversary month that the letters of guardianship were signed, and the plan must cover the coming fiscal year, ending on the last day in such anniversary month. If the court requires calendar-year filing, the guardianship plan must be filed on or before April 1 of each year. The latest annual guardianship plan approved by the court will remain in effect until the court approves a subsequent plan.

(2) Unless the court requires or authorizes filing on a fiscal-year basis, each guardian of the property shall file with the court an annual accounting on or before April 1 of each year. The annual accounting must cover the preceding calendar year. If the court authorizes or directs filing on a fiscal-year basis, the annual accounting must be filed on or before the first day of the fourth month after the end of the fiscal year.

(3)(a) The annual guardianship report of a guardian of the property must consist of an annual accounting, and the annual guardianship report of a guardian of the person must consist of an annual guardianship plan. The annual guardianship report of a guardian of the property and the annual guardianship report of a guardian of the person must both include a declaration of all remuneration received by the guardian from any source for services rendered to or on behalf of the ward. As used in this paragraph, the term “remuneration” means any payment or other benefit made directly or indirectly, overtly or covertly, or in cash or in kind to the guardian.

(b) The annual guardianship report must be served on the ward, unless the ward is a minor or is totally incapacitated, and on the attorney for the ward, if any. The guardian shall provide a copy to any other person as the court may direct.

(4) Unless the ward is a minor or has been determined to be totally incapacitated, the guardian shall review a copy of the annual report with the ward, to the extent possible. Within 30 days after the annual report has been filed, any interested person, including the ward, may file written objections to any element of the report, specifying the nature of the objection.

(5) If the guardian fails to timely file the annual guardianship report, the judge may impose sanctions which may include contempt, removal of the guardian, or other sanctions provided by law in s. 744.3685.

(6) Notwithstanding any other requirement of this section or unless otherwise directed by the court, the guardian of the property may file the first annual accounting on either a fiscal-year or calendar-year basis. Unless the court directs otherwise, the guardian shall notify the court as to the guardian’s filing intention within 30 days from the date the guardian was issued the letter of guardianship. All subsequent annual accountings must be filed on the same accounting period as the first annual accounting unless the court authorizes or directs otherwise. The first accounting period must end within 1 year after the end of the month in which the letters of guardianship were issued to the guardian of the property.

History.—s. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s. 50, ch. 89-96; s. 33, ch. 90-271; s. 25, ch. 92-200; s. 68, ch. 95-211; s. 24, ch. 95-401; s. 10, ch. 96-354; s. 15, ch. 2006-178; s. 16, ch. 2015-83; s. 2, ch. 2017-16; s. 4, ch. 2020-35.

Note.—Created from former s. 744.482.

F.S. 744.367 on Google Scholar

F.S. 744.367 on Casetext

Amendments to 744.367

Arrestable Offenses / Crimes under Fla. Stat. 744.367

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.367.

Annotations, Discussions, Cases:

Cases Citing Statute 744.367

Total Results: 20

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2021-11-04

Snippet: 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2021-02-18

Snippet: 365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2020-12-31

Snippet: 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report

In Re: Amendments to Florida Probate Rules 5.550 and 5.695-2017 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2017-09-07

Citation: 226 So. 3d 245, 2017 WL 3910512

Snippet: in response to changes to sections 744.331 and 744.367, Florida Statutes (2016), that were made by sections

In Re AMENDMENTS TO the FLORIDA PROBATE RULES

Court: Supreme Court of Florida | Date Filed: 2015-12-17

Citation: 181 So. 3d 480, 40 Fla. L. Weekly Supp. 703, 2015 Fla. LEXIS 2810, 2015 WL 9264021

Snippet: Reports) to conform to legislative changes to section 744,367, Florida Statutes, made by chapter 2015-83, section

Carol Rudolph v. Lauren Richard Rosecan

Court: District Court of Appeal of Florida | Date Filed: 2014-11-26

Citation: 154 So. 3d 381, 2014 Fla. App. LEXIS 19364, 2014 WL 6674749

Snippet: an annual guardianship report. See § 744.367, Fla. Stat. (2013). That report must contain an

Bivins v. Rogers

Court: District Court of Appeal of Florida | Date Filed: 2014-03-12

Citation: 147 So. 3d 549, 2014 WL 940659, 2014 Fla. App. LEXIS 3460

Snippet: file objections to guardianship reports. See § 744.367(4), Fla. Stat. (2012). As next of kin, he is also

Swan v. Trost

Court: District Court of Appeal of Florida | Date Filed: 2012-11-09

Citation: 100 So. 3d 1205, 2012 Fla. App. LEXIS 19550, 2012 WL 5458080

Snippet: provided in the Florida Probate Rules. Sections 744.367(3) and (4) provide that the guardian shall serve

Rothman-Browning v. Marshall

Court: District Court of Appeal of Florida | Date Filed: 2011-12-21

Citation: 83 So. 3d 859, 2011 Fla. App. LEXIS 20447, 2011 WL 6373038

Snippet: the guardianship plan in accordance with section 744.367, Florida Statutes, the trial court erred in prematurely

In Re Amend. to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Snippet: § 744.3085, Fla. Stat. Guardian advocates. § 744.367, Fla. Stat. Duty to file annual guardianship report

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2007-02-01

Citation: 948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Snippet: plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report

Amend. to Rules of App. Proc., Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 2004-09-30

Citation: 887 So. 2d 1090, 2004 WL 2201732

Snippet: discharge. ch. 738, Fla. Stat. Principal and income. § 744.367, Fla. Stat. Duty to file annual guardianship report

Ago

Court: Florida Attorney General Reports | Date Filed: 2004-07-02

Snippet: annual guardianship report as required by section 744.367, Florida Statutes. The annual guardianship report

O'Hare v. Hamric

Court: District Court of Appeal of Florida | Date Filed: 2004-04-02

Citation: 868 So. 2d 687, 2004 Fla. App. LEXIS 4340

Snippet: consisting of an annual guardianship plan. §§ 744.367(1), 744.3675; Fla. P.R. 5.695(a)(1). See generally

In Re Guardianship of Sapp

Court: District Court of Appeal of Florida | Date Filed: 2004-04-02

Citation: 868 So. 2d 687, 2004 WL 690568

Snippet: consisting of an annual guardianship plan. §§ 744.367(1), 744.3675; Fla. P.R. 5.695(a)(1). See generally

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: discharge. ch. 738, Fla. Stat. Principal and income. § 744.367, Fla. Stat. Duty to file annual guardianship report

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2000-09-28

Citation: 778 So. 2d 272, 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

Snippet: plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report

Amendments to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1996-10-03

Citation: 683 So. 2d 78, 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880

Snippet: plan. 744.365, Fla.Stat. Verified inventory. 744.367, Fla.Stat. Duty to file annual guardianship report

Sun Bank and Trust Co. v. Jones

Court: District Court of Appeal of Florida | Date Filed: 1994-09-30

Citation: 645 So. 2d 1008, 1994 Fla. App. LEXIS 9379, 1994 WL 531274

Snippet: the basis for them, as is required by sections 744.367(4) and 744.3715(1). We find little merit in this

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1992-09-24

Citation: 607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Snippet: 744.431 -Order requiring return; contempt, § 744.367, Fla.Stat. Duty to file annual guardianship report