Florida Statutes

Fla. Stat. § 744.3701 (2025)

Confidentiality.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 13 cases (3 in the last 5 years), 1991–2026 · leading case: In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991).

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In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). · cites it 8× “§ 744.3701, Fla. Stat. Inspection of report.”

Carol Rudolph v. Lauren Richard Rosecan, 154 So. 3d 381 (Fla. 4th DCA 2014). · cites it 4× “The guardian’s counsel argued that section 744.3701, Florida Statutes (2013), did not entitle the mother to annual or final guardianship reports as next of kin, and that she was entitled to such reports only in the event of fraud or abuse, which had not been alleged.”

In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). · cites it 2× “§ 744.3701, Fla. Stat. Inspection of report.”

Swan v. Trost, 100 So. 3d 1205 (Fla. 2d DCA 2012). · cites it 2× “Matthias Trost argues that his status as *1211 next of kin also entitled him to disclosure of guardianship reports under section 744.3701, which provides as follows: (1) Unless otherwise ordered by the court, any initial, annual, or final guardianship report or amendment thereto…”

In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). · cites it 4× “§ 744.3701, Fla. Stat. Inspection of report.”

In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). · cites it 8× “§ 744.3701, Fla.Stat. Inspection of report.”

Schindler, Terri Schiavo Life & Hope Network v. Schiavo (Fla. 2d DCA 2026). · cites it 6× “They wished to intervene in order to present a motion to unseal records that had been deemed confidential pursuant to section 744.3701, Florida Statutes (2005).”

In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007). · cites it 4× “§ 744.3701, Fla. Stat. Inspection of report.”

Wallace v. Comprehensive Pers. Care Servs., Inc., 275 So. 3d 782 (Fla. 3d DCA 2019). · cites it 2× “§ 744.3701, Fla. Stat. (2018), "Confidentiality.”

In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005). · cites it 2× “§ 744.3701, Fla. Stat. Inspection of report.”

In Re: Amendments to Florida Rules of Gen. Practice & Jud. Admin. 2.420 & 2.533 (Fla. 2023). “420 is amended to include “documents related to the settlement of a minor’s claim or the settlement of a claim for a ward” as information that the clerk of court must maintain as confidential in accordance with section 744.3701, Florida Statutes (2022).”

Show all 13 citing cases →

— 744.3701(1) — 2 cases

Carol Rudolph v. Lauren Richard Rosecan, 154 So. 3d 381 (Fla. 4th DCA 2014). “The guardian’s counsel argued that section 744.3701, Florida Statutes (2013), did not entitle the mother to annual or final guardianship reports as next of kin, and that she was entitled to such reports only in the event of fraud or abuse, which had not been alleged.”

Schindler, Terri Schiavo Life & Hope Network v. Schiavo (Fla. 2d DCA 2026). “They wished to intervene in order to present a motion to unseal records that had been deemed confidential pursuant to section 744.3701, Florida Statutes (2005).”

— 744.3701(2) — 1 case

Swan v. Trost, 100 So. 3d 1205 (Fla. 2d DCA 2012). “Matthias Trost argues that his status as *1211 next of kin also entitled him to disclosure of guardianship reports under section 744.3701, which provides as follows: (1) Unless otherwise ordered by the court, any initial, annual, or final guardianship report or amendment thereto…”

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