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Florida Statute 744.3701 | Lawyer Caselaw & Research
F.S. 744.3701 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 744.3701

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
F.S. 744.3701
744.3701 Confidentiality.
(1) Unless otherwise ordered by the court, upon a showing of good cause, an initial, annual, or final guardianship report or amendment thereto, or a court record relating to the settlement of a claim, is subject to inspection only by the court, the clerk or the clerk’s representative, the guardian and the guardian’s attorney, the guardian ad litem with regard to the settlement of the claim, the ward if he or she is at least 14 years of age and has not been determined to be totally incapacitated, the ward’s attorney, the minor if he or she is at least 14 years of age, or the attorney representing the minor with regard to the minor’s claim, or as otherwise provided by this chapter.
(2) The court may direct disclosure and recording of parts of an initial, annual, or final report or amendment thereto, or a court record relating to the settlement of a claim, including a petition for approval of a settlement on behalf of a ward or minor, a report of a guardian ad litem relating to a pending settlement, or an order approving a settlement on behalf of a ward or minor, in connection with a real property transaction or for such other purpose as the court allows.
(3) A court record relating to the settlement of a ward’s or minor’s claim, including a petition for approval of a settlement on behalf of a ward or minor, a report of a guardian ad litem relating to a pending settlement, or an order approving a settlement on behalf of a ward or minor, is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and may not be disclosed except as specifically authorized.
(4) The clerk may disclose confidential information to the Department of Children and Families or law enforcement agencies for other purposes as provided by court order.
History.s. 39, ch. 90-271; s. 1091, ch. 97-102; s. 1, ch. 2015-84; s. 3, ch. 2018-68.

F.S. 744.3701 on Google Scholar

F.S. 744.3701 on Casetext

Amendments to 744.3701


Arrestable Offenses / Crimes under Fla. Stat. 744.3701
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.3701.



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. (xv) Guardianship reports, orders appointing court monitors, and orders relating to findings of no probable cause in guardianship cases , and documents related to the settlement of a minor's claim or the settlement of a claim for a ward. §§ 744.1076, 744.3025, 744.3701, Fla. Stat.
    PAGE 7
  2. § 744.3701, Fla. Stat. (2018), "Confidentiality." Although not pertinent here, a guardian ad litem appointed in connection with separate provisions pertaining to the settlement of a minor's claim may also review such reports.
    PAGE 793
  3. See, e.g., Fla. Stat. § 39.202(1) ("[A]ll records held by the department concerning reports of child abandonment, abuse, or neglect . . . shall be confidential and exempt from the provisions of s. 119.07(1)); Fla. Stat. § 119.071(2)(h)(1)(a), (j)(1) (exempting information identifying victims of child abuse from Florida's public records law); Fla. Stat. § 744.3701 ("A court record relating to the settlement of a . . . minor's claim, including . . . a report of a Guardian ad Litem relating to a pending settlement . . . is confidential and exempt" from Florida's public records law.) (emphasis added).
    PAGE 12
  4. Rudolph v. Rosecan

    154 So. 3d 381 (Fla. Dist. Ct. App. 2015)   Cited 1 times
    (1) Unless otherwise ordered by the court, any initial, annual, or final guardianship report or amendment thereto is subject to inspection only by the court, the clerk or the clerk's representative, the guardian and the guardian's attorney, and the ward, unless he or she is a minor or has been determined to be totally incapacitated, and the ward's attorney. § 744.3701(1), Fla. Stat. (2013) (emphasis added). While the code limits who can inspect a report, it also requires a person be an “interested person” to object to the report.
    PAGE 384
  5. (xv) Guardianship reports, orders appointing court monitors, and orders relating to findings of no probable cause in guardianship cases. §§ 744.1076, 744.3701, Fla. Stat.
    PAGE 501
  6. Rudolph v. Rosecan

    154 So. 3d 381 (Fla. Dist. Ct. App. 2014)   Cited 3 times
    § 744.3701(1), Fla. Stat. (2013) (emphasis added). While the code limits who can inspect a report, it also requires a person be an “interested person” to object to the report.
    PAGE 384
  7. (xv) Guardianship reports, and orders appointing court monitors, and orders relating to findings of no probable cause in guardianship cases. §§ 744.1076, 744.3701, Fla. Stat.
    PAGE 827
  8. Swan v. Trost (In re Trost)

    100 So. 3d 1205 (Fla. Dist. Ct. App. 2012)   Cited 4 times
    Matthias Trost argues that he is an interested person because he is next of kin. The Fifth District in Sun Bank & Trust Co. v. Jones, 645 So.2d 1008, 1017 (Fla. 5th DCA 1994), held that the ward's next of kin had standing to file objections to guardianship annual reports “as well as other actions, taken or proposed to be taken by a guardian.” (citing § 744.367(4), Fla. Stat. (1991); Fla. Prob. R. 5.700). Matthias Trost argues that his status as next of kin also entitled him to disclosure of guardianship reports under section 744.3701, which provides as follows:
    PAGE 1211
  9. In re Amendments to Florida Rule

    68 So. 3d 228 (Fla. 2011)   Cited 5 times
    — Guardianship reports and orders appointing court monitors in guardianship cases. §§ 744.1076, 744.3701, Fla. Stat.
    PAGE 232
  10. ___ Guardianship reports and orders appointing court monitors in guardianship cases. §§ 744.1076, 744.3701, Fla. Stat.
    PAGE 779

    Cases from cite.case.law:

    WALLACE, v. COMPREHENSIVE PERSONAL CARE SERVICES, INC., 275 So. 3d 782 (Fla. App. Ct. 2019)

    . . . . § 744.3701, Fla. Stat. (2018), "Confidentiality." . . .

    In FLORIDA RULE OF JUDICIAL ADMINISTRATION, 156 So. 3d 499 (Fla. 2015)

    . . . . §§ 744.1076, 744.3701, Fla. Stat. (xvi) Grand jury records. §§ 905.17, 905.28(1), Fla. Stat. . . .

    RUDOLPH, v. ROSECAN,, 154 So. 3d 381 (Fla. Dist. Ct. App. 2014)

    . . . The guardian’s counsel argued that section 744.3701, Florida Statutes (2013), did not entitle the mother . . . he or she is a minor or has been determined to be totally incapacitated, and the ward’s attorney. § 744.3701 . . .

    In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 124 So. 3d 819 (Fla. 2013)

    . . . . §§ 744.1076, 744.3701, Fla. Stat. (xvi) Grand jury records. On 9Q5§§ 905.17, 905.28(1), Fla. . . .

    In GUARDIANSHIP OF TROST. s v., 100 So. 3d 1205 (Fla. Dist. Ct. App. 2012)

    . . . Under section 744.3701(2), “[t]he court may direct disclosure and recording of parts of an initial, annual . . . that his status as next of kin also entitled him to disclosure of guardianship reports under section 744.3701 . . .

    In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 68 So. 3d 228 (Fla. 2011)

    . . . . §§ 744.1076, 744.3701, Fla. Stat. _ Grand jury records. Ch. 905, Fla. Stat. . . .

    In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION AND THE FLORIDA RULES OF APPELLATE PROCEDURE, 31 So. 3d 756 (Fla. 2010)

    . . . . §§ 744.1076, 744.3701, Fla. Stat. Grand jury records. Ch. 905, Fla. Stat. . . .

    In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

    . . . . § 744.3701, Fla. Stat. Inspection of report. § 744.381, Fla. Stat. Appraisals. § 744.384, Fla. . . . Court monitors. § 744.3701, Fla. Stat. Inspection of report. RULE 5.725. . . .

    In AMENDMENTS TO THE FLORIDA PROBATE RULES, 964 So. 2d 140 (Fla. 2007)

    . . . . § 744.3701, Fla. Stat. Inspection of report. § 744.381, Flá. Stat. . . .

    In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

    . . . . § 744.3701, Fla. Stat. Inspection of report. § 744.371, Fla. Stat. . . . Court monitors. § 744.3701, Fla. Stat. Inspection of report. RULE 5.725. . . .

    In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

    . . . . § 744.3701, Fla. Stat. Inspection of report. § 744.381, Fla. Stat. Appraisals. § 744.384, Fla. . . .

    In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

    . . . . § 744.3701, Fla.Stat. Inspection of report. § 744.381, Fla.Stat. Appraisals. § 744.384, Fla.Stat. . . . Verified inventory. § 744.3701, Fla.Stat. Inspection of report. § 744.384, Fla.Stat. . . . Order requiring guardianship report; contempt. § 744.3701, Fla.Stat. . . . Annual accounting. § 744.3701, Fla.Stat. Inspection of report. § 744.3735, Fla.Stat. . . .

    In AMENDMENTS TO THE FLORIDA PROBATE RULES, 584 So. 2d 964 (Fla. 1991)

    . . . . § 744.3701, Fla.Stat. Inspection of report. § 744.381, Fla.Stat. Appraisals. § 744.384, Fla.Stat. . . . Verified inventory. § 744.3701, Fla.Stat. Inspection of report. § 744.384, Fla.Stat. . . . Order requiring guardianship report; contempt. § 744.3701, Fla.Stat. . . . Annual accounting. § 744.3701, Fla.Stat. Inspection of report. § 744.3735, Fla.Stat. . . .