Florida Statute 744.369 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.369

744.369 Judicial review of guardianship reports.—

(1) The court shall review the initial guardianship report within 60 days after the filing of the clerk’s report of findings to the court. The court shall review the annual guardianship report within 30 days after the filing of the clerk’s report of findings to the court.

(2) The court may appoint a general or special magistrate to assist the court in its review function. The court may require the general or special magistrate to conduct random field audits.

(3) If an initial or annual report is not timely filed, the court shall order the guardian to file the report or to show cause why the report has not been filed within the prescribed time. Service of the order and subsequent proceedings shall be governed by s. 744.3685.

(4) The court must review the initial and annual guardianship report to determine that the report:

(a) Meets the needs of the ward;

(b) Authorizes the guardian to act only in areas in which an adult ward has been declared incapacitated; and

(5) Upon examining the initial or annual guardianship report, the court shall enter an order approving or disapproving the report. If the court disapproves the report, the court shall order the guardian to provide a revised report or proof of any item in the report to the court. The guardian shall do so within a reasonable amount of time set by court.

(6) If the guardian fails to comply with the court order entered pursuant to subsection (5), the court shall take immediate action to compel compliance or to sanction the guardian after a hearing with appropriate notice to the ward, the ward’s counsel, if any, the guardian, and the ward’s next of kin.

(7) If an objection has been filed to a report, the court shall set the matter for hearing and shall conduct the hearing within 30 days after the filing of the objection. After the hearing, the court shall enter a written order either approving, or ordering modifications to, the report. If an objection is found to be without merit, the court may assess costs and attorney’s fees against the person who made the objection.

(8) The approved report constitutes the authority for the guardian to act in the forthcoming year. The powers of the guardian are limited by the terms of the report. The annual report may not grant additional authority to the guardian without a hearing, as provided for in s. 744.331, to determine that the ward is incapacitated to act in that matter. Unless the court orders otherwise, the guardian may continue to act under authority of the last-approved report until the forthcoming year’s report is approved.

History.—s. 54, ch. 89-96; s. 38, ch. 90-271; s. 1, ch. 99-277; s. 96, ch. 2004-11; s. 17, ch. 2015-83.

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Amendments to 744.369

Arrestable Offenses / Crimes under Fla. Stat. 744.369

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.369.

Annotations, Discussions, Cases:

Cases Citing Statute 744.369

Total Results: 10

Rothman-Browning v. Marshall

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-21T00:00:00-08:00

Citation: 83 So. 3d 859

Snippet: filing of the objection.” § 744.369(7), Fla. Stat. (2010). Section 744.369(1) provides that, “[t]he court…, when section 744.369(1) is read in pari materia with sections 744.367(4) and 744.369(7), it is clear…due process. The guardian responds that section 744.369(1), Florida Statutes, only requires the trial court…objection.” § 744.367(4), Fla. Stat. (2010). Section 744.369(7) provides that, “[i]f an objection has been filed…the clerk’s report of findings to the court.” § 744.369(1), Fla. Stat. (2010). Our supreme court has explained

In Re Amend. to Florida Probate Rules

Court: Fla. | Date Filed: 2008-07-10T00:53:00-07:00

Citation: 986 So. 2d 576

Snippet: Order requiring guardianship report; contempt. § 744.369, Fla. Stat. Judicial review of guardianship reports

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

Court: Fla. | Date Filed: 2004-09-30T00:53:00-07:00

Citation: 887 So. 2d 1090

Snippet: Order requiring guardianship report; contempt. § 744.369, Fla. Stat. Judicial review of guardianship reports…in the Florida Statutes. Statutory Reference § 744.369(2), Fla. Stat. Judicial review of guardianship

Ago

Court: Fla. Att'y Gen. | Date Filed: 2004-07-02T00:53:00-07:00

Snippet: for "auditing of the return[.]" and s.744.369(2), Fla. Stat., discussing the judicial review

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2003-06-19T00:00:00-07:00

Citation: 848 So. 2d 1069

Snippet: Order requiring guardianship report; contempt. § 744.369, Fla. Stat. Judicial review of guardianship reports

Morgan v. Guardianship of Turgeon

Court: Fla. Dist. Ct. App. | Date Filed: 1999-01-06T00:00:00-08:00

Citation: 724 So. 2d 175

Snippet: section 744.331.1 We grant the petition. See § 744.369(8) (additional authority may not be granted to …incapacity (see F.S. 744.331) must be repeated. F.S. 744.369(8).”). However, we withhold issuance of the writ

Ly v. DEPT. OF HEALTH & REHAB.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-07-02T00:53:00-07:00

Citation: 696 So. 2d 430

Snippet: Plourde, 396 So.2d 1215 (Fla. 3d DCA 1981) Section 744.369, Florida Statutes, provides for judicial review…frequently *432 by petition, pursuant to sections 744.369 and 744.3715. The court may appoint a guardian

Sun Bank and Trust Co. v. Jones

Court: Fla. Dist. Ct. App. | Date Filed: 1994-09-30T00:53:00-07:00

Citation: 645 So. 2d 1008

Snippet: Cf. § 744.3725, Fla. Stat. (Supp. 1990). [3] § 744.369(1) and (5), Fla. Stat. (Supp. 1990). [4] The calculations

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 1992-09-24T00:00:00-07:00

Citation: 607 So. 2d 1306

Snippet: Order requiring guardianship report; contempt. § 744.369, Fla.Stat. Judicial review of guardianship reports…change in committee notes. Statutory Reference § 744.369(2), Fla.Stat. Judicial review of guardianship reports

In Re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 1991-08-22T00:53:00-07:00

Citation: 584 So. 2d 964

Snippet: after Fla.R.Civ.P. 1.490. Statutory Reference § 744.369(2), Fla. Stat. Judicial review of guardianship