Florida Probate Rules and Statutes, Rules of Civil Procedure, and Rules of Judicial Administration 2023 Edition [LATEST EDITION] [2023 ed.] 1663357722, 9781663357724

This latest edition of Florida Probate Rules and Statutes, Rules of Civil Procedure, and Rules of Judicial Administratio

386 49 9MB

English Pages 3314 [3114] Year 2023

Table of contents :
Prefatory Material
Title Page
Copyright Page
Terms of Use
Preface
Use of Lexis®
Table of Contents
FLORIDA RULES OF CIVIL PROCEDURE
CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES
TABLE OF CONTENTS
FLORIDA RULES OF CIVIL PROCEDURE
RULE 1.010. SCOPE AND TITLE OF RULES.
RULE 1.020. PRIVACY AND COURT RECORDS.
RULE 1.030. NONVERIFICATION OF PLEADINGS.
RULE 1.040. ONE FORM OF ACTION.
RULE 1.050. WHEN ACTION COMMENCED.
RULE 1.060. TRANSFERS OF ACTIONS.
RULE 1.061. CHOICE OF FORUM.
RULE 1.070. PROCESS.
RULE 1.071. CONSTITUTIONAL CHALLENGE TO STATE STATUTE OR COUNTY OR MUNICIPAL CHARTER, ORDINANCE, OR FRANCHISE; NOTICE BY PARTY.
RULE 1.080. SERVICE AND FILING OF PLEADINGS, ORDERS, AND DOCUMENTS.
RULE 1.090. TIME.
RULE 1.100. PLEADINGS AND MOTIONS.
RULE 1.110. GENERAL RULES OF PLEADING.
RULE 1.115. PLEADING MORTGAGE FORECLOSURES.
RULE 1.120. PLEADING SPECIAL MATTERS.
RULE 1.130. ATTACHING COPY OF CAUSE OF ACTION AND EXHIBITS.
RULE 1.140. DEFENSES.
RULE 1.150. SHAM PLEADINGS.
RULE 1.160. MOTIONS.
RULE 1.170. COUNTERCLAIMS AND CROSSCLAIMS.
RULE 1.180. THIRD-PARTY PRACTICE.
RULE 1.190. AMENDED AND SUPPLEMENTAL PLEADINGS.
RULE 1.200. PRETRIAL PROCEDURE.
RULE 1.201. COMPLEX LITIGATION.
RULE 1.210. PARTIES.
RULE 1.220. CLASS ACTIONS.
RULE 1.221. HOMEOWNERS’ ASSOCIATIONS AND CONDOMINIUM ASSOCIATIONS.
RULE 1.222. MOBILE HOMEOWNERS’ ASSOCIATIONS.
RULE 1.230. INTERVENTIONS.
RULE 1.240. INTERPLEADER.
RULE 1.250. MISJOINDER AND NONJOINDER OF PARTIES.
RULE 1.260. SURVIVOR; SUBSTITUTION OF PARTIES.
RULE 1.270. CONSOLIDATION; SEPARATE TRIALS.
RULE 1.280. GENERAL PROVISIONS GOVERNING DISCOVERY.
RULE 1.285. INADVERTENT DISCLOSURE OF PRIVILEGED MATERIALS.
RULE 1.290. DEPOSITIONS BEFORE ACTION OR PENDING APPEAL.
RULE 1.300. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN.
RULE 1.310. DEPOSITIONS UPON ORAL EXAMINATION.
RULE 1.320. DEPOSITIONS UPON WRITTEN QUESTIONS.
RULE 1.330. USE OF DEPOSITIONS IN COURT PROCEEDINGS.
RULE 1.340. INTERROGATORIES TO PARTIES.
RULE 1.350. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES.
RULE 1.351. PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION.
RULE 1.360. EXAMINATION OF PERSONS.
RULE 1.370. REQUESTS FOR ADMISSION.
RULE 1.380. FAILURE TO MAKE DISCOVERY; SANCTIONS.
RULE 1.390. DEPOSITIONS OF EXPERT WITNESSES.
RULE 1.410. SUBPOENA.
RULE 1.420. DISMISSAL OF ACTIONS.
RULE 1.430. DEMAND FOR JURY TRIAL; WAIVER.
RULE 1.431. TRIAL JURY.
RULE 1.440. SETTING ACTION FOR TRIAL.
RULE 1.442. PROPOSALS FOR SETTLEMENT.
RULE 1.450. EVIDENCE.
RULE 1.452. QUESTIONS BY JURORS.
RULE 1.455. JUROR NOTEBOOKS.
RULE 1.460. CONTINUANCES.
RULE 1.470. EXCEPTIONS UNNECESSARY; JURY INSTRUCTIONS.
RULE 1.480. MOTION FOR A DIRECTED VERDICT.
RULE 1.481. VERDICTS.
RULE 1.490. MAGISTRATES.
RULE 1.491. GENERAL MAGISTRATES FOR RESIDENTIAL MORTGAGE FORECLOSURE MATTERS.
RULE 1.500. DEFAULTS AND FINAL JUDGMENTS THEREON.
RULE 1.510. SUMMARY JUDGMENT.
RULE 1.520. VIEW.
RULE 1.525. MOTIONS FOR COSTS AND ATTORNEYS’ FEES.
RULE 1.530. MOTIONS FOR NEW TRIAL AND REHEARING; AMENDMENTS OF JUDGMENTS; REMITTITUR OR ADDITUR.
RULE 1.540. RELIEF FROM JUDGMENT, DECREES, OR ORDERS.
RULE 1.545. FINAL DISPOSITION FORM.
RULE 1.550. EXECUTIONS AND FINAL PROCESS.
RULE 1.560. DISCOVERY IN AID OF EXECUTION.
RULE 1.570. ENFORCEMENT OF FINAL JUDGMENTS.
RULE 1.580. WRIT OF POSSESSION.
RULE 1.590. PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES.
RULE 1.600. DEPOSITS IN COURT.
RULE 1.610. INJUNCTIONS.
RULE 1.620. RECEIVERS.
RULE 1.625. PROCEEDINGS AGAINST SURETY ON JUDICIAL BONDS.
RULE 1.630. EXTRAORDINARY REMEDIES.
RULE 1.650. MEDICAL MALPRACTICE PRESUIT SCREENING RULE.
RULE 1.700. RULES COMMON TO MEDIATION AND ARBITRATION.
RULE 1.710. MEDIATION RULES.
RULE 1.720. MEDIATION PROCEDURES.
RULE 1.730. COMPLETION OF MEDIATION.
RULE 1.750. COUNTY COURT ACTIONS.
RULE 1.800. EXCLUSIONS FROM ARBITRATION.
RULE 1.810. SELECTION AND COMPENSATION OF ARBITRATORS.
RULE 1.820. HEARING PROCEDURES FOR NON-BINDING ARBITRATION.
RULE 1.830. VOLUNTARY BINDING ARBITRATION.
FORMS
FORM 1.900. FORMS.
FORM 1.901. CAPTION.
FORM 1.902. SUMMONS.
FORM 1.903. CROSSCLAIM SUMMONS.
FORM 1.904. THIRD-PARTY SUMMONS.
FORM 1.905. ATTACHMENT.
FORM 1.906. ATTACHMENT — FORECLOSURE.
FORM 1.907. GARNISHMENT.
FORM 1.908. WRIT OF REPLEVIN.
FORM 1.909. DISTRESS.
FORM 1.910. SUBPOENA FOR TRIAL.
FORM 1.911. SUBPOENA DUCES TECUM FOR TRIAL.
FORM 1.912. SUBPOENA FOR DEPOSITION.
FORM 1.913. SUBPOENA DUCES TECUM FOR DEPOSITION.
FORM 1.914(A). EXECUTION.
FORM 1.914(B). NOTICE TO APPEAR.
FORM 1.914(C). AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO APPEAR.
FORM 1.915. WRIT OF POSSESSION.
FORM 1.916. REPLEVIN ORDER TO SHOW CAUSE.
FORM 1.917. NE EXEAT.
FORM 1.918. LIS PENDENS.
FORM 1.919. NOTICE OF ACTION; CONSTRUCTIVE SERVICE — NO PROPERTY.
FORM 1.920. NOTICE OF ACTION; CONSTRUCTIVE SERVICE — PROPERTY.
FORM 1.921. NOTICE OF PRODUCTION FROM NONPARTY.
FORM 1.922. SUBPOENA DUCES TECUM WITHOUT DEPOSITION.
FORM 1.923. EVICTION SUMMONS/RESIDENTIAL.
FORM 1.924. AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY.
FORM 1.932. OPEN ACCOUNT.
FORM 1.933. ACCOUNT STATED.
FORM 1.934. PROMISSORY NOTE.
FORM 1.935. GOODS SOLD.
FORM 1.936. MONEY LENT.
FORM 1.937. REPLEVIN.
FORM 1.938. FORCIBLE ENTRY AND DETENTION.
FORM 1.939. CONVERSION.
FORM 1.940. EJECTMENT.
FORM 1.941. SPECIFIC PERFORMANCE.
FORM 1.942. CHECK.
FORM 1.944(A). MORTGAGE FORECLOSURE.
FORM 1.944(B). MORTGAGE FORECLOSURE.
FORM 1.944(C). MOTION FOR ORDER TO SHOW CAUSE.
FORM 1.944(D). ORDER TO SHOW CAUSE.
FORM 1.945. MOTOR VEHICLE NEGLIGENCE.
FORM 1.946. MOTOR VEHICLE NEGLIGENCE WHEN PLAINTIFF IS UNABLE TO DETERMINE WHO IS RESPONSIBLE.
FORM 1.947. TENANT EVICTION.
FORM 1.948. THIRD-PARTY COMPLAINT. GENERAL FORM.
FORM 1.949. IMPLIED WARRANTY.
FORM 1.951. FALL-DOWN NEGLIGENCE COMPLAINT.
FORM 1.960. BOND. GENERAL FORM.
FORM 1.961. VARIOUS BOND CONDITIONS.
FORM 1.965. DEFENSE. STATUTE OF LIMITATIONS.
FORM 1.966. DEFENSE. PAYMENT.
FORM 1.967. DEFENSE. ACCORD AND SATISFACTION.
FORM 1.968. DEFENSE. FAILURE OF CONSIDERATION.
FORM 1.969. DEFENSE. STATUTE OF FRAUDS.
FORM 1.970. DEFENSE. RELEASE.
FORM 1.971. DEFENSE. MOTOR VEHICLE CONTRIBUTORY NEGLIGENCE.
FORM 1.972. DEFENSE. ASSUMPTION OF RISK.
FORM 1.975. NOTICE OF COMPLIANCE WHEN CONSTITUTIONAL CHALLENGE IS BROUGHT.
FORM 1.976. STANDARD INTERROGATORIES.
FORM 1.977. FACT INFORMATION SHEET.
FORM 1.980. DEFAULT.
FORM 1.981. SATISFACTION OF JUDGMENT.
FORM 1.982. CONTEMPT NOTICE.
FORM 1.983. PROSPECTIVE JUROR QUESTIONNAIRE.
FORM 1.984. JUROR VOIR DIRE QUESTIONNAIRE.
FORM 1.986. VERDICTS.
FORM 1.988. JUDGMENT AFTER DEFAULT.
FORM 1.989. ORDER OF DISMISSAL FOR LACK OF PROSECUTION.
FORM 1.990. FINAL JUDGMENT FOR PLAINTIFF. JURY ACTION FOR DAMAGES.
FORM 1.991. FINAL JUDGMENT FOR DEFENDANT. JURY ACTION FOR DAMAGES.
FORM 1.993. FINAL JUDGMENT FOR PLAINTIFF. GENERAL FORM. NON-JURY.
FORM 1.994. FINAL JUDGMENT FOR DEFENDANT. GENERAL FORM. NON-JURY.
FORM 1.995. FINAL JUDGMENT OF REPLEVIN.
FORM 1.996(A). FINAL JUDGMENT OF FORECLOSURE.
FORM 1.996(B). FINAL JUDGMENT OF FORECLOSURE FOR REESTABLISHMENT OF LOST NOTE.
FORM 1.996(C). MOTION TO CANCEL AND RESCHEDULE FORECLOSURE SALE.
FORM 1.997. CIVIL COVER SHEET.
FORM 1.998. FINAL DISPOSITION FORM.
FORM 1.999. ORDER DESIGNATING A CASE COMPLEX.
APPENDIX I. STANDARD INTERROGATORIES FORMS
FORM 1. GENERAL PERSONAL INJURY NEGLIGENCE — INTERROGATORIES TO PLAINTIFF.
FORM 2. GENERAL PERSONAL INJURY NEGLIGENCE — INTERROGATORIES TO DEFENDANT.
FORM 3. MEDICAL MALPRACTICE — INTERROGATORIES TO PLAINTIFF.
FORM 4. MEDICAL MALPRACTICE — INTERROGATORIES TO DEFENDANT.
FORM 5. AUTOMOBILE NEGLIGENCE — INTERROGATORIES TO PLAINTIFF.
FORM 6. AUTOMOBILE NEGLIGENCE — INTERROGATORIES TO DEFENDANT.
APPENDIX II. STATEWIDE UNIFORM GUIDELINES FOR TAXATION OF COSTS IN CIVIL ACTIONS
INDEX TO FLORIDA RULES OF CIVIL PROCEDURE
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
V
W
FLORIDA RULES OF GENERAL PRACTICE AND JUDICIAL ADMINISTRATION
CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES
TABLE OF CONTENTS
FLORIDA RULES OF GENERAL PRACTICE & JUDICIAL ADMINISTRATION
PART I. GENERAL PROVISIONS
RULE 2.110. SCOPE AND PURPOSE.
RULE 2.120. DEFINITIONS.
RULE 2.130. PRIORITY OF FLORIDA RULES OF APPELLATE PROCEDURE.
RULE 2.140. AMENDING RULES OF COURT.
PART II. STATE COURT ADMINISTRATION
RULE 2.205. THE SUPREME COURT.
RULE 2.210. DISTRICT COURTS OF APPEAL.
RULE 2.215. TRIAL COURT ADMINISTRATION.
RULE 2.220. CONFERENCES OF JUDGES.
RULE 2.225. JUDICIAL MANAGEMENT COUNCIL.
RULE 2.230. TRIAL COURT BUDGET COMMISSION.
RULE 2.235. DISTRICT COURT OF APPEAL BUDGET COMMISSION.
RULE 2.236. FLORIDA COURTS TECHNOLOGY COMMISSION.
RULE 2.240. DETERMINATION OF NEED FOR ADDITIONAL JUDGES.
RULE 2.241. DETERMINATION OF THE NECESSITY TO INCREASE, DECREASE, OR REDEFINE JUDICIAL CIRCUITS AND APPELLATE DISTRICTS.
RULE 2.244. UNIFIED COMMITTEE ON JUDICIAL COMPENSATION.
RULE 2.245. CASE REPORTING SYSTEM FOR TRIAL COURTS.
RULE 2.250. TIME STANDARDS FOR TRIAL AND APPELLATE COURTS AND REPORTING REQUIREMENTS.
RULE 2.255. STATEWIDE GRAND JURY.
RULE 2.256. JUROR TIME MANAGEMENT.
RULE 2.260. CHANGE OF VENUE.
RULE 2.265. MUNICIPAL ORDINANCE VIOLATIONS.
RULE 2.270. SUPREME COURT COMMITTEES ON STANDARD JURY INSTRUCTIONS.
PART III. JUDICIAL OFFICERS
RULE 2.310. JUDICIAL DISCIPLINE, REMOVAL, RETIREMENT, AND SUSPENSION.
RULE 2.320. CONTINUING JUDICIAL EDUCATION.
RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES.
RULE 2.340. JUDICIAL ATTIRE.
PART IV. JUDICIAL PROCEEDINGS AND RECORDS
RULE 2.410. POSSESSION OF COURT RECORDS.
RULE 2.420. PUBLIC ACCESS TO AND PROTECTION OF JUDICIAL BRANCH RECORDS.
RULE 2.423. “MARSY’S LAW” CRIME VICTIM INFORMATION WITHIN COURT FILING.
APPENDIX A. Notice Of Confidential Crime Victim Information Within Court Filing
RULE 2.425. MINIMIZATION OF THE FILING OF SENSITIVE INFORMATION.
RULE 2.430. RETENTION OF COURT RECORDS.
RULE 2.440. RETENTION OF JUDICIAL BRANCH ADMINISTRATIVE RECORDS.
RULE 2.450. TECHNOLOGICAL COVERAGE OF JUDICIAL PROCEEDINGS.
RULE 2.451. USE OF ELECTRONIC DEVICES.
PART V. PRACTICE OF LAW
PART A. ATTORNEYS
RULE 2.505. ATTORNEYS.
RULE 2.510. FOREIGN ATTORNEYS.
PART B. PRACTICE AND LITIGATION PROCEDURES
RULE 2.514. COMPUTING AND EXTENDING TIME.
RULE 2.515. SIGNATURE AND CERTIFICATES OF ATTORNEYS AND PARTIES.
RULE 2.516. SERVICE OF PLEADINGS AND DOCUMENTS.
RULE 2.520. DOCUMENTS.
RULE 2.525. ELECTRONIC FILING.
RULE 2.526. ACCESSIBILITY OF INFORMATION AND TECHNOLOGY.
RULE 2.530. COMMUNICATION TECHNOLOGY.
RULE 2.535. COURT REPORTING.
RULE 2.540. REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES.
RULE 2.545. CASE MANAGEMENT.
RULE 2.550. CALENDAR CONFLICTS.
RULE 2.555. INITIATION OF CRIMINAL PROCEEDINGS.
RULE 2.560. APPOINTMENT OF SPOKEN LANGUAGE COURT INTERPRETERS FOR NON-ENGLISH-SPEAKING AND LIMITED-ENGLISH-PROFICIENT PERSONS.
RULE 2.565. RETENTION OF SPOKEN LANGUAGE COURT INTERPRETERS FOR NON-ENGLISH-SPEAKING AND LIMITED-ENGLISH-PROFICIENT PERSONS BY ATTORNEYS OR SELF-REPRESENTED LITIGANTS.
RULE 2.570. PARENTAL-LEAVE CONTINUANCE.
RULE 2.580. STANDARD JURY INSTRUCTIONS.
FORM 2.601. REQUEST TO BE EXCUSED FROM E-MAIL SERVICE BY A PARTY NOT REPRESENTED BY AN ATTORNEY.
FORM 2.602. DESIGNATION OF E-MAIL ADDRESS BY A PARTY NOT REPRESENTED BY AN ATTORNEY.
FORM 2.603. CHANGE OF MAILING ADDRESS OR DESIGNATED E-MAIL ADDRESS.
APPENDIX STATE OF FLORIDA JUDICIAL BRANCH RECORDS RETENTION SCHEDULE FOR ADMINISTRATIVE RECORDS.
Index to Florida Rules of General Practice and Judicial Administration
A
B
C
D
E
F
G
H
I
J
L
M
N
O
P
R
S
T
U
V
FLORIDA PROBATE RULES
CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES
TABLE OF CONTENTS
FLORIDA PROBATE RULES
PART I. GENERAL
RULE 5.010. SCOPE.
RULE 5.015. GENERAL DEFINITIONS.
RULE 5.020. PLEADINGS; VERIFICATION; MOTIONS.
RULE 5.025. ADVERSARY PROCEEDINGS.
RULE 5.030. ATTORNEYS.
RULE 5.040. NOTICE.
RULE 5.041. SERVICE OF PLEADINGS AND DOCUMENTS.
RULE 5.042. TIME.
RULE 5.043. DEPOSIT OF WILLS AND CODICILS.
RULE 5.050. TRANSFER OF PROCEEDINGS.
RULE 5.060. REQUEST FOR NOTICES AND COPIES OF PLEADINGS.
RULE 5.065. NOTICE OF CIVIL ACTION OR ANCILLARY ADMINISTRATION.
RULE 5.080. DISCOVERY AND SUBPOENA.
RULE 5.095. GENERAL AND SPECIAL MAGISTRATES.
RULE 5.100. RIGHT OF APPEAL.
RULE 5.110. ADDRESS DESIGNATION FOR PERSONAL REPRESENTATIVE OR GUARDIAN; DESIGNATION OF RESIDENT AGENT AND ACCEPTANCE.
RULE 5.120. ADMINISTRATOR AD LITEM AND GUARDIAN AD LITEM.
RULE 5.122. CURATORS.
RULE 5.150. ORDER REQUIRING ACCOUNTING.
RULE 5.160. PRODUCTION OF ASSETS.
RULE 5.170. EVIDENCE.
RULE 5.171. EVIDENCE OF DEATH.
RULE 5.180. WAIVER AND CONSENT.
PART II. PROBATE
RULE 5.200. PETITION FOR ADMINISTRATION.
RULE 5.201. NOTICE OF PETITION FOR ADMINISTRATION.
RULE 5.205. FILING EVIDENCE OF DEATH.
RULE 5.210. PROBATE OF WILLS WITHOUT ADMINISTRATION.
RULE 5.215. AUTHENTICATED COPY OF WILL.
RULE 5.216. WILL WRITTEN IN FOREIGN LANGUAGE.
RULE 5.230. COMMISSION TO PROVE WILL.
RULE 5.235. ISSUANCE OF LETTERS, BOND.
RULE 5.240. NOTICE OF ADMINISTRATION.
RULE 5.2405. SERVICE OF NOTICE OF ADMINISTRATION ON PERSONAL REPRESENTATIVE.
RULE 5.241. NOTICE TO CREDITORS.
RULE 5.260. CAVEAT; PROCEEDINGS.
RULE 5.270. REVOCATION OF PROBATE.
RULE 5.275. BURDEN OF PROOF IN WILL CONTESTS.
RULE 5.310. DISQUALIFICATION OF PERSONAL REPRESENTATIVE; NOTIFICATION.
RULE 5.320. OATH OF PERSONAL REPRESENTATIVE.
RULE 5.330. EXECUTION BY PERSONAL REPRESENTATIVE.
RULE 5.340. INVENTORY.
RULE 5.341. ESTATE INFORMATION.
RULE 5.342. INVENTORY OF SAFE-DEPOSIT BOX.
RULE 5.3425. SEARCH OF SAFE DEPOSIT BOX.
RULE 5.345. ACCOUNTINGS OTHER THAN PERSONAL REPRESENTATIVES’ FINAL ACCOUNTINGS.
RULE 5.346. FIDUCIARY ACCOUNTING.
APPENDIX A
APPENDIX B
RULE 5.350. CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE.
RULE 5.355. PROCEEDINGS FOR REVIEW OF EMPLOYMENT OF AGENTS AND COMPENSATION OF PERSONAL REPRESENTATIVES AND ESTATE EMPLOYEES.
RULE 5.360. ELECTIVE SHARE.
RULE 5.365. PETITION FOR DOWER.
RULE 5.370. SALES OF REAL PROPERTY WHERE NO POWER CONFERRED.
RULE 5.380. COMPULSORY PAYMENT OF DEVISES OR DISTRIBUTIVE INTERESTS.
RULE 5.385. DETERMINATION OF BENEFICIARIES AND SHARES.
RULE 5.386. ESCHEAT.
RULE 5.395. NOTICE OF FEDERAL ESTATE TAX RETURN.
RULE 5.400. DISTRIBUTION AND DISCHARGE.
RULE 5.401. OBJECTIONS TO PETITION FOR DISCHARGE OR FINAL ACCOUNTING.
RULE 5.402. NOTICE OF LIEN ON PROTECTED HOMESTEAD.
RULE 5.403. PROCEEDINGS TO DETERMINE AMOUNT OF LIEN ON PROTECTED HOMESTEAD.
RULE 5.404. NOTICE OF TAKING POSSESSION OF PROTECTED HOMESTEAD.
RULE 5.405. PROCEEDINGS TO DETERMINE PROTECTED HOMESTEAD REAL PROPERTY.
RULE 5.406. PROCEEDINGS TO DETERMINE EXEMPT PROPERTY.
RULE 5.407. PROCEEDINGS TO DETERMINE FAMILY ALLOWANCE.
RULE 5.420. DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION.
RULE 5.425. DISPOSITION WITHOUT ADMINISTRATION OF INTESTATE PERSONAL PROPERTY IN SMALL ESTATES.
RULE 5.430. RESIGNATION OF PERSONAL REPRESENTATIVE.
RULE 5.440. PROCEEDINGS FOR REMOVAL OF PERSONAL REPRESENTATIVE.
RULE 5.460. SUBSEQUENT ADMINISTRATION.
RULE 5.470. ANCILLARY ADMINISTRATION.
RULE 5.475. ANCILLARY ADMINISTRATION, SHORT FORM.
RULE 5.490. FORM AND MANNER OF PRESENTING CLAIM.
RULE 5.496. FORM AND MANNER OF OBJECTING TO CLAIM.
RULE 5.498. PERSONAL REPRESENTATIVE’S PROOF OF CLAIM.
RULE 5.499. FORM AND MANNER OF OBJECTING TO PERSONAL REPRESENTATIVE’S PROOF OF CLAIM.
RULE 5.510. ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL.
RULE 5.530. SUMMARY ADMINISTRATION.
PART III. GUARDIANSHIP
RULE 5.540. HEARINGS.
RULE 5.541. RECORDING OF HEARINGS.
RULE 5.550. PETITION TO DETERMINE INCAPACITY.
RULE 5.552. VOLUNTARY GUARDIANSHIP OF PROPERTY.
RULE 5.555. GUARDIANSHIPS OF MINORS.
RULE 5.560. PETITION FOR APPOINTMENT OF GUARDIAN OF AN INCAPACITATED PERSON.
RULE 5.590. APPLICATION FOR APPOINTMENT AS GUARDIAN; DISCLOSURE STATEMENT; FILING.
RULE 5.600. OATH.
RULE 5.610. EXECUTION BY GUARDIAN.
RULE 5.620. INVENTORY.
RULE 5.625. NOTICE OF COMPLETION OF GUARDIAN EDUCATION REQUIREMENTS.
RULE 5.630. PETITION FOR APPROVAL OF ACTS.
RULE 5.635. PETITION FOR EXTRAORDINARY AUTHORITY.
RULE 5.636. SETTLEMENT OF MINORS’ CLAIMS.
RULE 5.640. CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE OF WARD.
RULE 5.645. MANAGEMENT OF PROPERTY OF NONRESIDENT WARD BY FOREIGN GUARDIAN.
RULE 5.646. STANDBY GUARDIANS.
RULE 5.647. SURROGATE GUARDIAN.
RULE 5.648. EMERGENCY TEMPORARY GUARDIAN.
RULE 5.649. GUARDIAN ADVOCATE.
RULE 5.650. RESIGNATION OR DISQUALIFICATION OF GUARDIAN; APPOINTMENT OF SUCCESSOR.
RULE 5.660. PROCEEDINGS FOR REMOVAL OF GUARDIAN.
RULE 5.670. TERMINATION OF GUARDIANSHIP ON CHANGE OF DOMICILE OF RESIDENT WARD.
RULE 5.680. TERMINATION OF GUARDIANSHIP.
RULE 5.681. RESTORATION OF RIGHTS OF PERSON WITH DEVELOPMENTAL DISABILITY.
RULE 5.685. DETERMINATION REGARDING ALTERNATIVES TO GUARDIANSHIP.
RULE 5.690. INITIAL GUARDIANSHIP REPORT.
RULE 5.695. ANNUAL GUARDIANSHIP REPORT.
RULE 5.696. GUARDIAN ACCOUNTING.
RULE 5.696. APPENDIX A
RULE 5.696. APPENDIX B
RULE 5.697. MAGISTRATES’ REVIEW OF GUARDIANSHIP INVENTORIES, ACCOUNTINGS, AND PLANS.
RULE 5.700. OBJECTION TO GUARDIANSHIP REPORTS.
RULE 5.705. PETITION FOR INTERIM JUDICIAL REVIEW.
RULE 5.710. REPORTS OF PUBLIC GUARDIAN.
RULE 5.720. COURT MONITOR.
RULE 5.725. EMERGENCY COURT MONITOR.
RULE 5.800. APPLICATION OF REVISED CHAPTER 744 TO EXISTING GUARDIANSHIPS.
RULE 5.850. EXPEDITED JUDICIAL INTERVENTION CONCERNING MEDICAL TREATMENT PROCEDURES [RENUMBERED].
PART IV. EXPEDITED JUDICIAL INTERVENTION CONCERNING MEDICAL TREATMENT PROCEDURES
RULE 5.900. EXPEDITED JUDICIAL INTERVENTION CONCERNING MEDICAL TREATMENT PROCEDURES.
PART V. FORMS
RULE 5.901. FORM FOR PETITION TO DETERMINE INCAPACITY.
RULE 5.902. FORM FOR PETITION AND ORDER OF GUARDIAN.
RULE 5.903. LETTERS OF GUARDIANSHIP.
RULE 5.904. FORMS FOR INITIAL AND ANNUAL GUARDIANSHIP PLANS.
RULE 5.905. FORM FOR PETITION, NOTICE, AND ORDER FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON.
RULE 5.906. LETTERS OF GUARDIAN ADVOCACY.
RULE 5.910. INVENTORY.
RULE 5.920. FORMS RELATED TO INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT.
FLORIDA STATUTES
TITLE VI. CIVIL PRACTICE AND PROCEDURE.
CHAPTER 69. MISCELLANEOUS PROCEDURAL MATTERS.
§ 69.031. Designated financial institutions for property in hands of guardians, curators, administrators, trustees, receivers, or other officers.—
CHAPTER 86. DECLARATORY JUDGMENTS.
§ 86.041. Actions by executors, administrators, trustees, etc.
TITLE XIV. TAXATION AND FINANCE.
CHAPTER 198. ESTATE TAXES.
§ 198.01. Definitions.
§ 198.015. Domicile of decedent.
§ 198.02. Tax upon estates of resident decedents.
§ 198.021. Tax upon generation-skipping transfers of residents.
§ 198.03. Tax upon estates of nonresident decedents.
§ 198.031. Tax upon generation-skipping transfers of nonresidents.
§ 198.04. Tax upon estates of alien decedents.
§ 198.05. Administration of law by Department of Revenue.
§ 198.06. Examination of books, papers, records, or memoranda by the department.
§ 198.07. Appointment of agents by department; bonds of agents; may administer oaths; credentials.
§ 198.08. Rules.
§ 198.11. Appointment of special appraisers.
§ 198.13. Tax return to be made in certain cases; certificate of nonliability.
§ 198.14. Failure to make return; extension of time for filing.
§ 198.15. When tax due; extension; interest; penalty.
§ 198.155. Payment of tax on generation-skipping transfers.
§ 198.16. Notice of determination of deficiency in federal tax to be filed with department.
§ 198.17. Deficiency; hearing by department.
§ 198.18. Failure to pay tax; penalties; delinquent or deficient taxes, interest.
§ 198.19. Receipts for taxes.
§ 198.20. Failure to pay tax when due, department’s warrant, etc.
§ 198.21. Tax due payable from entire estate; third persons.
§ 198.22. Lien for unpaid taxes.
§ 198.23. Personal liability of personal representative.
§ 198.24. Sale of real estate by personal representative to pay tax.
§ 198.25. Actions to enforce payment of tax.
§ 198.26. No discharge of personal representative until tax is paid.
§ 198.28. Time for assessment of tax.
§ 198.29. Refunds of excess tax paid.
§ 198.30. Circuit judge to report names of decedents, etc.—
§ 198.31. Duties and powers of corporate personal representatives of nonresident decedents.
§ 198.32. Prima facie liability for tax.
§ 198.33. Discharge of estate, notice of lien, limitation on lien, etc.
§ 198.34. Disposition of proceeds from taxes.
§ 198.35. Interpretation and construction.
§ 198.36. Failure to produce records; penalty.
§ 198.37. Failure to make return; penalty.
§ 198.38. False return; penalty.
§ 198.39. False statement in return; penalty.
§ 198.40. Failure to pay tax, evasion of tax, etc.; penalty.
§ 198.41. Effectiveness of this chapter, etc.
§ 198.42. Short title.
§ 198.44. Certain exemptions from inheritance and estate taxes.
TITLE XV. HOMESTEAD AND EXEMPTIONS.
CHAPTER 222. METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS.
§ 222.01. Designation of homestead by owner before levy.
§ 222.02. Designation of homestead after levy.
§ 222.03. Survey at instance of dissatisfied creditor.
§ 222.04. Sale after survey.
§ 222.05. Setting apart leasehold.
§ 222.061. Method of exempting personal property; inventory.
§ 222.07. Defendant’s rights of selection.
§ 222.08. Jurisdiction to set apart homestead and exemption.
§ 222.09. Injunction to prevent sale.
§ 222.10. Jurisdiction to subject property claimed to be exempt.
§ 222.11. Exemption of wages from garnishment.
§ 222.12. Proceedings for exemption. [Repealed]
§ 222.13. Life insurance policies; disposition of proceeds.
§ 222.14. Exemption of cash surrender value of life insurance policies and annuity contracts from legal process.
§ 222.15. Wages or reemployment assistance or unemployment compensation payments due deceased employee may be paid spouse or certain relatives.
§ 222.16. Wages or reemployment assistance or unemployment compensation payments so paid not subject to administration.
§ 222.17. Manifesting and evidencing domicile in Florida.
§ 222.18. Exempting disability income benefits from legal processes.
§ 222.20. Nonavailability of federal bankruptcy exemptions.
§ 222.201. Availability of federal bankruptcy exemptions.
§ 222.21. Exemption of pension money and certain tax-exempt funds or accounts from legal processes.
§ 222.22. Exemption of assets in qualified tuition programs, medical savings accounts, Coverdell education savings accounts, and hurricane savings accounts from legal process.
§ 222.25. Other individual property of natural persons exempt from legal process.
§ 222.29. No exemption for fraudulent transfers.
§ 222.30. Fraudulent asset conversions.
TITLE XXIX. PUBLIC HEALTH
CHAPTER 393. DEVELOPMENTAL DISABILITIES
§ 393.063. Definitions.
§ 393.12. Capacity; appointment of guardian advocate.
TITLE XXX. SOCIAL WELFARE.
CHAPTER 409. SOCIAL AND ECONOMIC ASSISTANCE.
PART III. Medicaid.
§ 409.910. Responsibility for payments on behalf of Medicaid-eligible persons when other parties are liable.
§ 409.9101. Recovery for payments made on behalf of Medicaid-eligible persons.
TITLE XXXIII. REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS.
CHAPTER 518. INVESTMENT OF FIDUCIARY FUNDS.
§ 518.01. Investments of funds received from United States Department of Veterans Affairs.
§ 518.06. Investment of fiduciary funds in loans insured by Federal Housing Administrator.
§ 518.07. Investment of fiduciary funds in bonds, etc., issued by Federal Housing Administrator.
§ 518.08. Applicability of laws requiring security, etc.
§ 518.09. Housing bonds legal investments and security.
§ 518.10. Fiduciary defined as used in ss. 518.11-518.14.
§ 518.11. Investments by fiduciaries; prudent investor rule.
§ 518.112. Delegation of investment functions.
§ 518.115. Power of fiduciary or custodian to deposit securities in a central depository.
§ 518.116. Power of certain fiduciaries and custodians to deposit United States Government and agency securities with a Federal Reserve bank.
§ 518.117. Permissible investments of fiduciary funds.
§ 518.12. Instrument creating or defining powers, duties of fiduciary not affected.
§ 518.13. Authority of court to permit deviation from terms of instrument creating trust not affected.
§ 518.14. Scope of ss. 518.10-518.13.
§ 518.15. Bonds or motor vehicle tax anticipation certificates, legal investments and security.
§ 518.151. Higher education bonds or certificates, legal investments and security.
§ 518.152. Puerto Rican bonds or obligations, legal investments and securities.
§ 518.16. Chapter cumulative.
TITLE XXXVIII. BANKS AND BANKING.
CHAPTER 655. FINANCIAL INSTITUTIONS GENERALLY.
§ 655.769. Definitions of terms used in ss. 655.77-655.91.
§ 655.77. Deposits by minors.
§ 655.78. Deposit accounts in two or more names.
§ 655.79. Deposits and accounts in two or more names; presumption as to vesting on death.
§ 655.80. Convenience accounts.
§ 655.82. Pay-on-death accounts.
§ 655.825. Deposits in trust; applicability of s. 655.82 in place of former s. 655.81.
§ 655.83. Adverse claim to a deposit or fiduciary account.
§ 655.84. Limitations; statements as correct.
§ 655.85. Settlement of checks.
§ 655.851. Unclaimed credit balances.
§ 655.86. Issuance of postdated checks.
§ 655.89. Legal holidays; business days; business and transactions.
§ 655.90. Closing during emergencies and other special days.
§ 655.91. Records of institutions and copies thereof; retention and destruction.
§ 655.921. Transaction of business by out-of-state financial institutions; exempt transactions.
§ 655.922. Banking business by unauthorized persons; use of name.
§ 655.93. Definitions for ss. 655.93-655.94.
§ 655.931. Authority to engage in safe-deposit business.
§ 655.932. Lease to minor.
§ 655.933. Access by fiduciaries.
§ 655.934. Effect of lessee’s death or incapacity.
§ 655.935. Search procedure on death of lessee.
§ 655.936. Delivery of safe-deposit box contents or property held in safekeeping to personal representative.
§ 655.937. Access to safe-deposit boxes leased in two or more names.
§ 655.938. Adverse claims to contents of safe-deposit box.
§ 655.939. Limiting right of access for failure to comply with security procedures.
§ 655.94. Special remedies for nonpayment of rent.
TITLE XL. REAL AND PERSONAL PROPERTY.
CHAPTER 689. CONVEYANCES OF LAND AND DECLARATIONS OF TRUST.
§ 689.01. How real estate conveyed. —
§ 689.02. Form of warranty deed prescribed.
§ 689.03. Effect of such deed.
§ 689.04. How executed.
§ 689.041. Curative procedure for scrivener’s errors in deeds.
§ 689.045. Conveyances to or by partnership.
§ 689.05. How declarations of trust proved.
§ 689.06. How trust estate conveyed.
§ 689.07. “Trustee” or “as trustee” added to name of grantee, transferee, assignee, or mortgagee transfers interest or creates lien as if additional word or words not used.
§ 689.071. Florida Land Trust Act.
§ 689.072. Real estate interests transferred to or by a custodian or trustee of an individual retirement account or qualified plan.
§ 689.073. Powers conferred on trustee in recorded instrument.
§ 689.075. Inter vivos trusts; powers retained by settlor.
§ 689.08. Fines and common recoveries.
§ 689.09. Deeds under statute of uses.
§ 689.10. Words of limitation and the words “fee simple” dispensed with.
§ 689.11. Conveyances between husband and wife direct; homestead.
§ 689.111. Conveyances of homestead; power of attorney.
§ 689.115. Estate by the entirety in mortgage made or assigned to husband and wife.
§ 689.12. How state lands conveyed for educational purposes.
§ 689.13. Rule against perpetuities not applicable to dispositions of property for private cemeteries, etc.
§ 689.14. Entailed estates.
§ 689.15. Estates by survivorship.
§ 689.17. Rule in Shelley’s Case abolished.
§ 689.175. Worthier title doctrine abolished.
§ 689.18. Reverter or forfeiture provisions, limitations; exceptions.
§ 689.19. Variances of names in recorded instruments.
§ 689.20. Limitation on use of word “minerals.”
§ 689.21. Disclaimer of interests in property passing under certain nontestamentary instruments or under certain powers of appointment [Repealed.]
§ 689.225. Statutory rule against perpetuities.
§ 689.25. Failure to disclose homicide, suicide, deaths, or diagnosis of HIV or AIDS infection in an occupant of real property.
§ 689.26. Prospective purchasers subject to association membership requirement; disclosure required; covenants; assessments; contract voidability [Transferred.]
§ 689.261. Sale of residential property; disclosure of ad valorem taxes to prospective purchaser.
§ 689.262. Sale of residential property; disclosure of windstorm mitigation rating [Repealed.]
§ 689.265. Financial report [Transferred.]
§ 689.27. Termination by servicemember of agreement to purchase real property.
§ 689.28. Prohibition against transfer fee covenants.
§ 689.29. Disclosure of subsurface rights to prospective purchaser.
§ 689.301. Disclosure of known defects in sanitary sewer laterals to prospective purchaser.
CHAPTER 695. RECORD OF CONVEYANCES OF REAL ESTATE.
§ 695.01. Conveyances and liens to be recorded.
§ 695.015. Conveyances by law between governmental agencies, recording.
§ 695.02. Blank or master form of instruments may be recorded.
§ 695.03. Acknowledgment and proof; validation of certain acknowledgments; legalization or authentication before foreign officials.
§ 695.031. Affidavits and acknowledgments by members of armed forces and their spouses.
§ 695.032. Provisions not applicable to transactions under chapter 679, Uniform Commercial Code.
§ 695.04. Requirements of certificate. —
§ 695.05. Certain defects cured as to acknowledgments and witnesses.
§ 695.06. Certain irregularities as to venue validated.
§ 695.07. Use of scrawl as seal.
§ 695.08. Prior use of scrawl as seal.
§ 695.09. Identity of grantor.
§ 695.10. Proof by others.
§ 695.11. Instruments deemed to be recorded from time of filing.
§ 695.12. Imperfect record.
§ 695.13. Want of certificate of record.
§ 695.14. Unsigned certificate of record.
§ 695.15. Recording conveyances lost by fire.
§ 695.16. When mortgage or lien is destroyed.
§ 695.17. United States deeds and patents may be recorded.
§ 695.18. Indorsement by clerk.
§ 695.19. Certified copies of recorded instruments may be recorded.
§ 695.20. Unperformed contracts of record.
§ 695.22. Daily schedule of deeds and conveyances filed for record to be furnished property appraiser.
§ 695.25. Short form of acknowledgment. —
§ 695.26. Requirements for recording instruments affecting real property.
§ 695.27. Uniform Real Property Electronic Recording Act.
§ 695.28. Validity of recorded electronic documents. —
CHAPTER 709. POWERS OF ATTORNEY AND SIMILAR INSTRUMENTS.
PART I. POWERS OF APPOINTMENT.
§ 709.01. Power of attorney; authority of nominee when principal dead [Repealed].
§ 709.015. Power of attorney; authority of agent when principal listed as missing [Repealed].
§ 709.02. Power of appointment; method of release.
§ 709.03. Power of appointment; property held in trust.
§ 709.04. Power of appointment; effect of release.
§ 709.05. Powers of appointment; validation of prior releases.
§ 709.06. Powers of appointment included in law.
§ 709.07. Power of appointment; effect of release on title to property.
§ 709.08. Durable power of attorney [Repealed].
§ 709.11. Deployment-contingent power of attorney [Repealed].
PART II. POWERS OF ATTORNEY.
§ 709.2101. Short title.
§ 709.2102. Definitions.
§ 709.2103. Applicability.
§ 709.2104. Durable power of attorney.
§ 709.2105. Qualifications of agent; execution of power of attorney.
§ 709.2106. Validity of power of attorney.
§ 709.2107. Meaning and effectiveness of power of attorney.
§ 709.2108. When power of attorney is effective.
§ 709.2109. Termination or suspension of power of attorney or agent’s authority.
§ 709.2110. Revocation of power of attorney.
§ 709.2111. Co-agents and successor agents.
§ 709.2112. Reimbursement and compensation of agent.
§ 709.2113. Agent’s acceptance of appointment.
§ 709.2114. Agent’s duties.
§ 709.2115. Exoneration of agent.
§ 709.2116. Judicial relief; conflicts of interests.
§ 709.2117. Agent’s liability.
§ 709.2118. Agent’s resignation.
§ 709.2119. Acceptance of and reliance upon power of attorney.
§ 709.2120. Rejecting power of attorney.
§ 709.2121. Notice.
§ 709.2201. Authority of agent.
§ 709.2202. Authority that requires separate signed enumeration.
§ 709.2208. Banks and other financial institutions.
§ 709.2301. Principles of law and equity.
§ 709.2302. Laws applicable to financial institutions and entities.
§ 709.2303. Remedies under other law.
§ 709.2401. Relation to electronic signatures in federal law.
§ 709.2402. Effect on existing powers of attorney.
CHAPTER 710. TRANSFERS TO MINORS.
§ 710.101. Short title.
§ 710.102. Definitions.
§ 710.103. Scope and jurisdiction.
§ 710.104. Nomination of custodian.
§ 710.105. Transfer by gift or exercise of power of appointment.
§ 710.106. Transfer authorized by will or trust.
§ 710.107. Other transfer by fiduciary.
§ 710.108. Transfer by obligor.
§ 710.109. Receipt for custodial property.
§ 710.111. Manner of creating custodial property and effecting transfer; designation of initial custodian; control.
§ 710.112. Single custodianship.
§ 710.113. Validity and effect of transfer.
§ 710.114. Care of custodial property.
§ 710.115. Powers of custodian.
§ 710.116. Use of custodial property.
§ 710.117. Custodian’s expenses, compensation, and bond.
§ 710.118. Exemption of third person from liability.
§ 710.119. Liability to third persons.
§ 710.121. Renunciation, resignation, death, or removal of custodian; designation of successor custodian.
§ 710.122. Accounting by and determination of liability of custodian.
§ 710.123. Termination of custodianship.
§ 710.124. Applicability.
§ 710.125. Effect on existing custodianships.
§ 710.126. Uniformity of application and construction.
CHAPTER 711. FLORIDA UNIFORM TRANSFER-ON-DEATH SECURITY REGISTRATION ACT.
§ 711.50. Short title.
§ 711.501. Definitions.
§ 711.502. Registration in beneficiary form; sole or joint tenancy ownership.
§ 711.503. Registration in beneficiary form; applicable law.
§ 711.504. Origination of registration in beneficiary form.
§ 711.505. Form of registration in beneficiary form.
§ 711.506. Effect of registration in beneficiary form.
§ 711.507. Ownership on death of owner.
§ 711.508. Protection of registering entity.
§ 711.509. Nontestamentary transfer on death.
§ 711.51. Terms, conditions, and forms for registration.
§ 711.511. Rules of construction.
§ 711.512. Application of ss. 711.50-711.512.
CHAPTER 716. ESCHEATS
§ 716.01. Declaration of policy.
§ 716.02. Escheat of funds in the possession of federal agencies.
§ 716.03. Department to institute proceedings to recover escheated property.
§ 716.04. Jurisdiction.
§ 716.05. Money recovered to be paid into State Treasury.
§ 716.06. Public records.
§ 716.07. Recovery of escheated property by claimant.
CHAPTER 717. DISPOSITION OF UNCLAIMED PROPERTY.
§ 717.001. Short title.
§ 717.101. Definitions.
§ 717.102. Property presumed unclaimed; general rule.
§ 717.103. General rules for taking custody of intangible unclaimed property.
§ 717.1035. Property originated or issued by this state, any political subdivision of this state, or any entity incorporated, organized, created, or otherwise located in the state.
§ 717.104. Traveler’s checks and money orders.
§ 717.1045. Gift certificates and similar credit items.
§ 717.105. Checks, drafts, and similar instruments issued or certified by banking and financial organizations.
§ 717.106. Bank deposits and funds in financial organizations.
§ 717.107. Funds owing under life insurance policies, annuity contracts, and retained asset accounts; fines, penalties, and interest; United States Social Security Administration Death Master File.
§ 717.1071. Lost owners of unclaimed demutualization, rehabilitation, or related reorganization proceeds.
§ 717.108. Deposits held by utilities.
§ 717.109. Refunds held by business associations.
§ 717.1101. Unclaimed equity and debt of business associations.
§ 717.111. Property of business associations held in course of dissolution.
§ 717.112. Property held by agents and fiduciaries.
§ 717.1125. Property held by fiduciaries under trust instruments.
§ 717.113. Property held by courts and public agencies.—
§ 717.115. Wages.
§ 717.116. Contents of safe-deposit box or other safekeeping repository.
§ 717.117. Report of unclaimed property.
§ 717.118. Notification of apparent owners of unclaimed property.
§ 717.119. Payment or delivery of unclaimed property.
§ 717.1201. Custody by state; holder relieved from liability; reimbursement of holder paying claim; reclaiming for owner; defense of holder; payment of safe-deposit box or repository charges.
§ 717.121. Crediting of dividends, interest, or increments to owner’s account.
§ 717.122. Public sale of unclaimed property.
§ 717.123. Deposit of funds.
§ 717.1235. Dormant campaign accounts; report of unclaimed property.
§ 717.124. Unclaimed property claims.
§ 717.12403. Unclaimed demand, savings, or checking account in a financial institution held in the name of more than one person.
§ 717.12404. Claims on behalf of a business entity or trust.
§ 717.12405. Claims by estates.
§ 717.12406. Joint ownership of unclaimed securities or dividends.
§ 717.1241. Conflicting claims.
§ 717.1242. Restatement of jurisdiction of the circuit court sitting in probate and the department.
§ 717.1243. Small estate accounts.
§ 717.1244. Determinations of unclaimed property claims.
§ 717.1245. Garnishment of unclaimed property.
§ 717.125. Claim of another state to recover property; procedure.
§ 717.126. Administrative hearing; burden of proof; proof of entitlement; venue.
§ 717.1261. Death certificates.
§ 717.1262. Court documents.
§ 717.127. Election to take payment or delivery.
§ 717.128. Destruction or disposition of property having insubstantial commercial value; immunity from liability.
§ 717.129. Periods of limitation.
§ 717.1301. Investigations; examinations; subpoenas.
§ 717.1311. Retention of records.
§ 717.1315. Retention of records by claimant’s representatives and buyers of unclaimed property.
§ 717.132. Enforcement; cease and desist orders; fines.
§ 717.1322. Administrative and civil enforcement.
§ 717.1323. Prohibited practice.
§ 717.133. Interstate agreements and cooperation; joint and reciprocal actions with other states.
§ 717.1331. Actions against holders.
§ 717.1333. Evidence; estimations; audit reports, examiner’s worksheets, investigative reports, other related documents.
§ 717.134. Penalties and interest.
§ 717.1341. Invalid claims, recovery of property, interest and penalties.
§ 717.135. Recovery agreements and purchase agreements for claims filed by a claimant’s representative; fees and costs.—
§ 717.1351. Acquisition of unclaimed property. [Repealed]
§ 717.1355. Theme park and entertainment complex tickets.
§ 717.136. Foreign transactions.
§ 717.138. Rulemaking authority.—
§ 717.1381. Void unclaimed property powers of attorney and purchase agreements. [Repealed]
§ 717.1382. United States savings bond; unclaimed property; escheatment; procedure.
§ 717.1383. United States savings bond; claim for bond.
§ 717.139. Uniformity of application and construction.
§ 717.1400. Registration.
§ 717.1401. Repeal.—
TITLE XLII. ESTATES AND TRUSTS.
CHAPTER 731. PROBATE CODE: GENERAL PROVISIONS.
PART I. SHORT TITLE; CONSTRUCTION.
§ 731.005. Short title.
§ 731.011. Determination of substantive rights; procedures.
§ 731.102. Construction against implied repeal.
§ 731.103. Evidence as to death or status.
§ 731.1035. Applicable rules of evidence.
§ 731.104. Verification of documents.
§ 731.105. In rem proceeding.
§ 731.1055. Disposition of real property.
§ 731.106. Assets of nondomiciliaries.
§ 731.1065. Precious metals.—
§ 731.109. Seal of the court.
§ 731.110. Caveat; proceedings.
§ 731.155. Applicability.
PART II. DEFINITIONS.
§ 731.201. General definitions.
PART III. NOTICE AND REPRESENTATION.
§ 731.301. Notice.
§ 731.302. Waiver and consent by interested person.
§ 731.303. Representation.
§ 731.401. Arbitration of disputes.
CHAPTER 732. PROBATE CODE: INTESTATE SUCCESSION AND WILLS.
PART I. INTESTATE SUCCESSION.
§ 732.101. Intestate estate.
§ 732.102. Spouse’s share of intestate estate.
§ 732.103. Share of other heirs.
§ 732.104. Inheritance per stirpes.
§ 732.105. Half blood.
§ 732.106. Afterborn heirs.
§ 732.107. Escheat.
§ 732.108. Adopted persons and persons born out of wedlock.
§ 732.1081. Termination of parental rights.
§ 732.109. Debts to decedent.
§ 732.1101. Aliens.
§ 732.111. Dower and curtesy abolished.
PART II. ELECTIVE SHARE OF SURVIVING SPOUSE; RIGHTS IN COMMUNITY PROPERTY.
§ 732.201. Right to elective share.
§ 732.2025. Definitions.
§ 732.2035. Property entering into elective estate.
§ 732.2045. Exclusions and overlapping application.
§ 732.2055. Valuation of the elective estate. —
§ 732.2065. Amount of the elective share.
§ 732.2075. Sources from which elective share payable; abatement.
§ 732.2085. Liability of direct recipients and beneficiaries.
§ 732.2095. Valuation of property used to satisfy elective share.
§ 732.2105. Effect of election on other interests.
§ 732.2115. Protection of payors and other third parties. —
§ 732.2125. Right of election; by whom exercisable.
§ 732.2135. Time of election; extensions; withdrawal.
§ 732.2145. Order of contribution; personal representative’s duty to collect contribution.
§ 732.2151. Award of fees and costs in elective share proceedings.
§ 732.2155. Effective date; effect of prior waivers; transition rules.
§ 732.216. Short title.
§ 732.217. Application.
§ 732.218. Rebuttable presumptions.
§ 732.219. Disposition upon death.
§ 732.221. Perfection of title of personal representative or beneficiary.
§ 732.222. Purchaser for value or lender.
§ 732.223. Perfection of title of surviving spouse.
§ 732.224. Creditor’s rights.
§ 732.225. Acts of married persons.
§ 732.226. Limitations on testamentary disposition.
§ 732.227. Homestead defined.
§ 732.228. Uniformity of application and construction.
PART III. PRETERMITTED SPOUSE AND CHILDREN.
§ 732.301. Pretermitted spouse.
§ 732.302. Pretermitted children.
PART IV. EXEMPT PROPERTY AND ALLOWANCES.
§ 732.401. Descent of homestead.
§ 732.4015. Devise of homestead.
§ 732.4017. Inter vivos transfer of homestead property.
§ 732.402. Exempt property.
§ 732.403. Family allowance.
PART V. WILLS.
§ 732.501. Who may make a will.
§ 732.502. Execution of wills.
§ 732.503. Self-proof of will.
§ 732.504. Who may witness.
§ 732.505. Revocation by writing.
§ 732.506. Revocation by act. —
§ 732.507. Effect of subsequent marriage, birth, adoption, or dissolution of marriage.—
§ 732.508. Revival by revocation.
§ 732.509. Revocation of codicil.
§ 732.5105. Republication of wills by codicil.
§ 732.511. Republication of wills by reexecution.
§ 732.512. Incorporation by reference.
§ 732.513. Devises to trustee.
§ 732.514. Vesting of devises.
§ 732.515. Separate writing identifying devises of tangible property.
§ 732.5165. Effect of fraud, duress, mistake, and undue influence.
§ 732.517. Penalty clause for contest.
§ 732.518. Will contests.
§ 732.521. Definitions.
§ 732.522. Method and place of execution.
§ 732.523. Self-proof of electronic will.
§ 732.524. Qualified custodians.
§ 732.525. Liability coverage; receivership of qualified custodians.
§ 732.526. Probate.
PART VI. RULES OF CONSTRUCTION.
§ 732.6005. Rules of construction and intention.
§ 732.601. Simultaneous Death Law.
§ 732.603. Antilapse; deceased devisee; class gifts.
§ 732.604. Failure of testamentary provision.
§ 732.605. Change in securities; accessions; nonademption.
§ 732.606. Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance.
§ 732.607. Exercise of power of appointment.
§ 732.608. Construction of terms.
§ 732.609. Ademption by satisfaction.
§ 732.611. Devises to multigeneration classes to be per stirpes.
§ 732.615. Reformation to correct mistakes.
§ 732.616. Modification to achieve testator’s tax objectives.
PART VII. CONTRACTUAL ARRANGEMENTS RELATING TO DEATH.
§ 732.701. Agreements concerning succession.
§ 732.702. Waiver of spousal rights.
§ 732.7025. Waiver of homestead rights through deed. —
§ 732.703. Effect of divorce, dissolution, or invalidity of marriage on disposition of certain assets at death.
PART VIII. GENERAL PROVISIONS.
§ 732.801. Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment [Repealed.]
§ 732.802. Killer not entitled to receive property or other benefits by reason of victim’s death.
§ 732.8031. Forfeiture for abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult.—
§ 732.804. Provisions relating to disposition of the body.
§ 732.805. Spousal rights procured by fraud, duress, or undue influence.
§ 732.806. Gifts to lawyers and other disqualified persons.
PART IX. PRODUCTION OF WILLS.
§ 732.901. Production of wills.
CHAPTER 733. PROBATE CODE: ADMINISTRATION OF ESTATES.
PART I. GENERAL PROVISIONS.
§ 733.101. Venue of probate proceedings.
§ 733.103. Effect of probate.
§ 733.104. Suspension of statutes of limitation in favor of the personal representative.
§ 733.105. Determination of beneficiaries.
§ 733.1051. Limited judicial construction of will with federal tax provisions.
§ 733.106. Costs and attorney fees.
§ 733.1061. Fees and costs; will reformation and modification.
§ 733.107. Burden of proof in contests; presumption of undue influence.
§ 733.109. Revocation of probate.
PART II. COMMENCING ADMINISTRATION.
§ 733.201. Proof of wills.
§ 733.202. Petition.
§ 733.204. Probate of a will written in a foreign language.
§ 733.205. Probate of notarial will.
§ 733.206. Probate of will of resident after foreign probate.
§ 733.207. Establishment and probate of lost or destroyed will.
§ 733.208. Discovery of later will.
§ 733.209. Estates of missing persons.
§ 733.212. Notice of administration; filing of objections.
§ 733.2121. Notice to creditors; filing of claims.
§ 733.2123. Adjudication before issuance of letters.
§ 733.213. Probate as prerequisite to judicial construction of will.
PART III. PREFERENCE IN APPOINTMENT AND QUALIFICATIONS OF PERSONAL REPRESENTATIVE.
§ 733.301. Preference in appointment of personal representative.
§ 733.302. Who may be appointed personal representative.
§ 733.303. Persons not qualified.
§ 733.304. Nonresidents.
§ 733.305. Trust companies and other corporations and associations.
§ 733.306. Effect of appointment of debtor.
§ 733.307. Succession of administration.
§ 733.308. Administrator ad litem.
§ 733.309. Executor de son tort.
§ 733.3101. Personal representative not qualified.
PART IV. FIDUCIARY BONDS.
§ 733.402. Bond of fiduciary; when required; form.
§ 733.403. Amount of bond.
§ 733.404. Liability of surety.
§ 733.405. Release of surety.
§ 733.406. Bond premium allowable as expense of administration.
PART V. CURATORS; RESIGNATION AND REMOVAL OF PERSONAL REPRESENTATIVES.
§ 733.501. Curators.
§ 733.502. Resignation of personal representative.
§ 733.503. Appointment of successor upon resignation.
§ 733.5035. Surrender of assets after resignation.
§ 733.5036. Accounting and discharge following resignation.
§ 733.504. Removal of personal representative; causes for removal.
§ 733.505. Jurisdiction in removal proceedings.
§ 733.506. Proceedings for removal.
§ 733.5061. Appointment of successor upon removal.
§ 733.508. Accounting and discharge of removed personal representatives upon removal.
§ 733.509. Surrender of assets upon removal.
PART VI. DUTIES AND POWERS OF PERSONAL REPRESENTATIVE.
§ 733.601. Time of accrual of duties and powers.
§ 733.602. General duties.
§ 733.603. Personal representative to proceed without court order.
§ 733.604. Inventories and accountings; public records exemptions.
§ 733.6065. Opening safe-deposit box.
§ 733.607. Possession of estate.
§ 733.608. General power of the personal representative.
§ 733.609. Improper exercise of power; breach of fiduciary duty.
§ 733.610. Sale, encumbrance, or transaction involving conflict of interest.—
§ 733.611. Persons dealing with the personal representative; protection.
§ 733.612. Transactions authorized for the personal representative; exceptions.
§ 733.6121. Personal representative; powers as to environmental issues relating to property subject to administration; liability.
§ 733.613. Personal representative’s right to sell real property.
§ 733.614. Powers and duties of successor personal representative.
§ 733.615. Joint personal representatives; when joint action required.
§ 733.616. Powers of surviving personal representatives.
§ 733.617. Compensation of personal representative.
§ 733.6171. Compensation of attorney for the personal representative.—
§ 733.6175. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.
§ 733.619. Individual liability of personal representative.
§ 733.620. Exculpation of personal representative.
PART VII. CREDITORS’ CLAIMS.
§ 733.701. Notifying creditors.
§ 733.702. Limitations on presentation of claims.
§ 733.703. Form and manner of presenting claim.
§ 733.704. Amendment of claims.
§ 733.705. Payment of and objection to claims.
§ 733.706. Executions and levies.
§ 733.707. Order of payment of expenses and obligations.
§ 733.708. Compromise.
§ 733.710. Limitations on claims against estates.
PART VIII. SPECIAL PROVISIONS FOR DISTRIBUTION.
§ 733.801. Delivery of devises and distributive shares.
§ 733.802. Proceedings for compulsory payment of devises or distributive interest.
§ 733.803. Encumbered property; liability for payment.
§ 733.805. Order in which assets abate.
§ 733.806. Advancement.
§ 733.808. Death benefits; disposition of proceeds.
§ 733.809. Right of retainer.
§ 733.810. Distribution in kind; valuation.
§ 733.811. Distribution; right or title of distributee.
§ 733.812. Improper distribution or payment; liability of distributee or payee.
§ 733.813. Purchasers from distributees protected.
§ 733.814. Partition for purpose of distribution.
§ 733.815. Private contracts among interested persons.
§ 733.816. Disposition of unclaimed property held by personal representatives.
§ 733.817. Apportionment of estate taxes.
PART IX. CLOSING ESTATES.
§ 733.901. Final discharge.
§ 733.903. Subsequent administration.
CHAPTER 734. PROBATE CODE: FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION.
PART I. GENERAL PROVISIONS.
§ 734.101. Foreign personal representative.
§ 734.102. Ancillary administration.
§ 734.1025. Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims.
§ 734.104. Foreign wills; admission to record; effect on title.
PART II. JURISDICTION OVER FOREIGN PERSONAL REPRESENTATIVES.
§ 734.201. Jurisdiction by act of foreign personal representative.
§ 734.202. Jurisdiction by act of decedent.
CHAPTER 735. PROBATE CODE: SMALL ESTATES.
PART I. SUMMARY ADMINISTRATION.
§ 735.201. Summary administration; nature of proceedings.
§ 735.202. May be administered in the same manner as other estates.
§ 735.203. Petition for summary administration.
§ 735.2055. Filing of petition.
§ 735.206. Summary administration distribution.
§ 735.2063. Notice to creditors.
PART II. DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION.
§ 735.301. Disposition without administration.
§ 735.302. Income tax refunds in certain cases.
§ 735.303. Payment to successor without court proceedings.
§ 735.304. Disposition without administration of intestate property in small estates.—
CHAPTER 736. FLORIDA TRUST CODE.
PART I. GENERAL PROVISIONS AND DEFINITIONS.
§ 736.0101. Short title.
§ 736.0102. Scope.
§ 736.0103. Definitions.
§ 736.0104. Knowledge.
§ 736.0105. Default and mandatory rules.
§ 736.0106. Common law of trusts; principles of equity.
§ 736.0107. Governing law.
§ 736.0108. Principal place of administration.
§ 736.0109. Methods and waiver of notice.
§ 736.0110. Others treated as qualified beneficiaries.
§ 736.0111. Nonjudicial settlement agreements.
§ 736.0112. Qualification of foreign trustee.
PART II. JUDICIAL PROCEEDINGS.
§ 736.0201. Role of court in trust proceedings.
§ 736.0202. Jurisdiction over trustee and beneficiary.
§ 736.02025. Service of process.
§ 736.0203. Subject matter jurisdiction.
§ 736.0204. Venue.
§ 736.0205. Trust proceedings; dismissal of matters relating to foreign trusts. [Repealed]
§ 736.0206. Proceedings for review of employment of agents and review of compensation of trustee and employees of trust.
§ 736.0207. Trust contests.
PART III. REPRESENTATION.
§ 736.0301. Representation; basic effect.
§ 736.0302. Representation by holder of power of appointment.
§ 736.0303. Representation by fiduciaries and parents.
§ 736.0304. Representation by person having substantially identical interest.
§ 736.0305. Appointment of representative.
§ 736.0306. Designated representative.
PART IV. CREATION, VALIDITY, MODIFICATION, AND TERMINATION.
§ 736.0401. Methods of creating trust.
§ 736.0402. Requirements for creation.
§ 736.0403. Trusts created in other jurisdictions; formalities required for revocable trusts.
§ 736.0404. Trust purposes.—
§ 736.0405. Charitable purposes; enforcement.
§ 736.0406. Effect of fraud, duress, mistake, or undue influence.
§ 736.0407. Evidence of oral trust.
§ 736.0408. Trust for care of an animal.
§ 736.0409. Noncharitable trust without ascertainable beneficiary.
§ 736.0410. Modification or termination of trust; proceedings for disapproval of nonjudicial acts.
§ 736.04113. Judicial modification of irrevocable trust when modification is not inconsistent with settlor’s purpose.
§ 736.04114. Limited judicial construction of irrevocable trust with federal tax provisions.
§ 736.04115. Judicial modification of irrevocable trust when modification is in best interests of beneficiaries.
§ 736.04117. Trustee’s power to invade principal in trust.—
§ 736.0412. Nonjudicial modification of irrevocable trust.
§ 736.0413. Cy pres.
§ 736.0414. Modification or termination of uneconomic trust.
§ 736.0415. Reformation to correct mistakes.
§ 736.0416. Modification to achieve settlor’s tax objectives.
§ 736.0417. Combination and division of trusts.
PART V. CREDITORS’ CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS.
§ 736.0501. Rights of beneficiary’s creditor or assignee.
§ 736.0502. Spendthrift provision.
§ 736.0503. Exceptions to spendthrift provision.
§ 736.0504. Discretionary trusts; effect of standard.
§ 736.0505. Creditors’ claims against settlor.
§ 736.05053. Trustee’s duty to pay expenses and obligations of settlor’s estate.
§ 736.05055. Notice of trust.
§ 736.0506. Overdue distribution.
§ 736.0507. Personal obligations of trustee.
PART VI. REVOCABLE TRUSTS.
§ 736.0601. Capacity of settlor of revocable trust.
§ 736.0602. Revocation or amendment of revocable trust.
§ 736.0603. Settlor’s powers; powers of withdrawal.
§ 736.0604. Limitation on action contesting validity of revocable trust.
PART VII. OFFICE OF TRUSTEE.
§ 736.0701. Accepting or declining trusteeship.
§ 736.0702. Trustee’s bond.
§ 736.0703. Cotrustees.
§ 736.0704. Vacancy in trusteeship; appointment of successor.
§ 736.0705. Resignation of trustee.
§ 736.0706. Removal of trustee.
§ 736.0707. Delivery of property by former trustee.
§ 736.0708. Compensation of trustee.
§ 736.0709. Reimbursement of expenses.
PART VIII. DUTIES AND POWERS OF TRUSTEE.
§ 736.0801. Duty to administer trust.
§ 736.0802. Duty of loyalty.
§ 736.0803. Impartiality.
§ 736.0804. Prudent administration.
§ 736.0805. Expenses of administration.
§ 736.0806. Trustee’s skills.
§ 736.0807. Delegation by trustee.
§ 736.0808. Powers to direct. [Repealed]
§ 736.0809. Control and protection of trust property.
§ 736.0810. Recordkeeping and identification of trust property.
§ 736.08105. Duty to ascertain marketable title of trust real property.
§ 736.0811. Enforcement and defense of claims.
§ 736.0812. Collecting trust property.
§ 736.08125. Protection of successor trustees.
§ 736.0813. Duty to inform and account.
§ 736.08135. Trust accountings.
§ 736.0814. Discretionary powers; tax savings.
§ 736.08145. Grantor trust reimbursement.
§ 736.08147. Duty to distribute trust income.
§ 736.0815. General powers of trustee.
§ 736.0816. Specific powers of trustee.
§ 736.08163. Powers of trustees relating to environmental or human health laws or to trust property contaminated with hazardous or toxic substances; liability.
§ 736.08165. Administration pending outcome of contest or other proceeding.
§ 736.0817. Distribution on termination.
PART IX. TRUST INVESTMENTS.
§ 736.0901. Applicability of chapter 518.
§ 736.0902. Nonapplication of prudent investor rule.
PART X. LIABILITY OF TRUSTEE AND RIGHTS OF PERSONS DEALING WITH TRUSTEE.
§ 736.1001. Remedies for breach of trust.
§ 736.1002. Damages for breach of trust.
§ 736.1003. Damages in absence of breach.
§ 736.1004. Attorney’s fees and costs.
§ 736.1005. Attorney fees for services to the trust.
§ 736.1006. Costs in trust proceedings.
§ 736.1007. Trustee’s attorney fees.
§ 736.1008. Limitations on proceedings against trustees.
§ 736.1009. Reliance on trust instrument.
§ 736.1010. Event affecting administration or distribution.
§ 736.1011. Exculpation of trustee.
§ 736.1012. Beneficiary’s consent, release, or ratification.
§ 736.1013. Limitation on personal liability of trustee.
§ 736.1014. Limitations on actions against certain trusts.
§ 736.1015. Interest as general partner.
§ 736.1016. Protection of person dealing with trustee.
§ 736.1017. Certification of trust.
§ 736.1018. Improper distribution or payment; liability of distributee.
PART XI. RULES OF CONSTRUCTION.
§ 736.1101. Rules of construction; general provisions.
§ 736.1102. Construction of terms.
§ 736.1103. Gifts to multigeneration classes to be per stirpes.
736.1104. Person not entitled to receive property or other benefits by reason of victim’s death.—
§ 736.1105. Effect of subsequent marriage, birth, adoption, or dissolution of marriage.
§ 736.1106. Antilapse; survivorship with respect to future interests under terms of inter vivos and testamentary trusts; substitute takers.
§ 736.1107. Change in securities; accessions; nonademption.
§ 736.1108. Penalty clause for contest.
§ 736.1109. Testamentary and revocable trusts; homestead protections.
PART XII. CHARITABLE TRUSTS.
§ 736.1201. Definitions.
§ 736.1202. Application of this part.
§ 736.1203. Trustee of a private foundation trust or a split interest trust.
§ 736.1204. Powers and duties of trustee of a private foundation trust or a split interest trust.
§ 736.1205. Notice that this part does not apply.
§ 736.1206. Power to amend trust instrument.
§ 736.1207. Power of court to permit deviation.
§ 736.1208. Release; property and persons affected; manner of effecting.
§ 736.1209. Election to come under this part.
§ 736.1210. Interpretation.
§ 736.1211. Protections afforded to certain charitable trusts and organizations.
PART XIII. MISCELLANEOUS.
§ 736.1301. Electronic records and signatures.
§ 736.1302. Severability clause.
§ 736.1303. Application to existing relationships.
PART XIV. FLORIDA UNIFORM DIRECTED TRUST ACT.
§ 736.1401. Short title.
§ 736.1403. Application; principal place of administration.
§ 736.1405. Exclusions.
§ 736.1406. Power of trust director.
§ 736.1407. Limitations on trust director.
§ 736.1408. Duty and liability of trust director.
§ 736.1409. Duty and liability of directed trustee.
§ 736.141. Duty to provide information.
§ 736.1411. No duty to monitor, inform, or advise.
§ 736.1412. Application to cotrustee.
§ 736.1413. Limitation of action against trust director.
§ 736.1414. Defenses in action against trust director.
§ 736.1415. Jurisdiction over trust director.
§ 736.1416. Office of trust director.
PART XV. COMMUNITY PROPERTY TRUST ACT.
§ 736.1501. Short title.
§ 736.1502. Definitions.
§ 736.1503. Requirements for community property trust.
§ 736.1504. Agreement establishing community property trust; amendments and revocation.
§ 736.1505. Classification of property as community property; enforcement; duration; management and control; effect of distributions.
§ 736.1506. Satisfaction of obligations.
§ 736.1507. Death of a spouse.
§ 736.1508. Dissolution of marriage.
§ 736.1509. Right of child to support.
§ 736.151. Homestead property.
§ 736.1511. Application of Internal Revenue Code; community property classified by another jurisdiction.
§ 736.1512. Unenforceable trusts.
CHAPTER 737. TRUST ADMINISTRATION [REPEALED].
CHAPTER 738. PRINCIPAL AND INCOME.
§ 738.101. Short title.
§ 738.102. Definitions.
§ 738.103. Fiduciary duties; general principles.
§ 738.104. Trustee’s power to adjust.
§ 738.1041. Total return unitrust.
§ 738.105. Judicial control of discretionary powers.
§ 738.201. Determination and distribution of net income.
§ 738.202. Distribution to residuary and remainder beneficiaries.
§ 738.301. When right to income begins and ends.
§ 738.302. Apportionment of receipts and disbursements when decedent dies or income interest begins.
§ 738.303. Apportionment when income interest ends.
§ 738.401. Character of receipts.
§ 738.402. Distribution from trust or estate.
§ 738.403. Business and other activities conducted by fiduciary.
§ 738.501. Principal receipts.
§ 738.502. Rental property.
§ 738.503. Obligation to pay money.
§ 738.504. Insurance policies and similar contracts.
§ 738.601. Insubstantial allocations not required.
§ 738.602. Payments from deferred compensation plans, annuities, and retirement plans or accounts.
§ 738.603. Liquidating asset.
§ 738.604. Minerals, water, and other natural resources.
§ 738.605. Timber.
§ 738.606. Property not productive of income.
§ 738.607. Derivatives and options.
§ 738.608. Asset-backed securities.
§ 738.701. Disbursements from income.
§ 738.702. Disbursements from principal.
§ 738.703. Transfers from income to principal for depreciation.
§ 738.704. Transfers from income to reimburse principal.
§ 738.705. Income taxes.
§ 738.706. Adjustments between principal and income because of taxes.
§ 738.801. Apportionment of expenses; improvements.
§ 738.802. Uniformity of application and construction.
§ 738.803. Severability.
§ 738.804. Application.
CHAPTER 739. FLORIDA UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT.
§ 739.101. Short title.
§ 739.102. Definitions.
§ 739.103. Scope.
§ 739.104. Power to disclaim; general requirements; when irrevocable.
§ 739.201. Disclaimer of interest in property.
§ 739.202. Disclaimer of rights of survivorship in jointly held property.
§ 739.203. Disclaimer of property held as tenancy by the entirety.
§ 739.204. Disclaimer of interest by trustee.
§ 739.205. Disclaimer of power of appointment or other power not held in a fiduciary capacity.
§ 739.206. Disclaimer by appointee, object, or taker in default of exercise of power of appointment.
§ 739.207. Disclaimer of power held in fiduciary capacity.
§ 739.301. Delivery or filing.
§ 739.401. When disclaimer is permitted.
§ 739.402. When disclaimer is barred or limited.
§ 739.501. Tax-qualified disclaimer.
§ 739.601. Recording of disclaimer relating to real estate.
§ 739.701. Application to existing relationships.
CHAPTER 740. FIDUCIARY ACCESS TO DIGITAL ASSETS.
§ 740.001. Short title.
§ 740.002. Definitions.
§ 740.003. User direction for disclosure of digital assets.
§ 740.004. Terms-of-service agreement preserved.
§ 740.005. Procedure for disclosing digital assets.
§ 740.006. Disclosure of content of electronic communications of deceased user.
§ 740.007. Disclosure of other digital assets of deceased user.
§ 740.008. Disclosure of content of electronic communications of principal.
§ 740.009. Disclosure of other digital assets of principal.
§ 740.01. Disclosure of digital assets held in trust when trustee is the original user.
§ 740.02. Disclosure of content of electronic communications held in trust when trustee is not the original user.
§ 740.03. Disclosure of other digital assets held in trust when trustee is not the original user.
§ 740.04. Disclosure of digital assets to guardian of ward.
§ 740.05. Fiduciary duty and authority.
§ 740.06. Custodian compliance and immunity.
§ 740.07. Relation to Electronic Signatures in Global and National Commerce Act.
§ 740.08. Applicability.
§ 740.09. Severability.
§ 740.11. Relation to wills. —
TITLE XLIII. DOMESTIC RELATIONS.
CHAPTER 744. GUARDIANSHIP.
PART I. GENERAL PROVISIONS.
§ 744.101. Short title.
§ 744.1012. Legislative intent.
§ 744.102. Definitions.
§ 744.1025. Additional definitions.
§ 744.103. Guardians of incapacitated world war veterans. [Repealed]
§ 744.104. Verification of documents.
§ 744.105. Costs.
§ 744.106. Notice.
§ 744.107. Court monitors.
§ 744.1075. Emergency court monitor.
§ 744.1076. Court orders appointing court monitors and emergency court monitors; reports of court monitors; orders finding no probable cause; public records exemptions.
§ 744.108. Guardian and attorney fees and expenses.
§ 744.1083. Professional guardian registration. [Transferred]
§ 744.1085. Regulation of professional guardians; application; bond required; educational requirements. [Transferred]
§ 744.109. Records.
§ 744.1095. Hearings.
§ 744.1096. Domicile of ward.
§ 744.1097. Venue.
§ 744.1098. Change of ward’s residence.
PART II. PUBLIC AND PROFESSIONAL GUARDIANS.
§ 744.2001. Office of Public and Professional Guardians.
§ 744.2002. Professional guardian registration.
§ 744.2003. Regulation of professional guardians; application; bond required; educational requirements.
§ 744.2004. Complaints; disciplinary proceedings; penalties; enforcement.
§ 744.20041. Grounds for discipline; penalties; enforcement.
§ 744.2005. Order of appointment.
§ 744.2006. Office of Public and Professional Guardians; appointment, notification.
§ 744.2007. Powers and duties.
§ 744.2008. Costs of public guardian.
§ 744.2009. Preparation of budget.
§ 744.201. Domicile of ward. [Transferred]
§ 744.202. Venue. [Transferred]
§ 744.2025. Change of ward’s residence. [Transferred]
§ 744.2101. Procedures and rules.
§ 744.2102. Surety bond.
§ 744.2103. Reports and standards.
§ 744.21031. Public records exemption. — [Effective until October 2, 2023]
§ 744.2104. Access to records by the Office of Public and Professional Guardians; confidentiality.
§ 744.2105. Direct-support organization; definition; use of property; board of directors; audit; dissolution. —
§ 744.2106. Joining Forces for Public Guardianship grant program; purpose.
§ 744.2107. Program administration; duties of the Office of Public and Professional Guardians.
§ 744.2108. Eligibility.
§ 744.2109. Grant application requirements; review criteria; awards process.
§ 744.2111. Confidentiality.
§ 744.2112. Guardianship information and transparency.
PART III. TYPES OF GUARDIANSHIP.
§ 744.301. Natural guardians.
§ 744.3021. Guardians of minors.
§ 744.3025. Claims of minors.
§ 744.3031. Emergency temporary guardianship.
§ 744.304. Standby guardianship.
§ 744.3045. Preneed guardian.
§ 744.3046. Preneed guardian for minor.
§ 744.306. Foreign guardians.
§ 744.307. Foreign guardian may manage the property of nonresident ward.
§ 744.308. Resident guardian of the property of nonresident ward.
§ 744.3085. Guardian advocates.
PART IV. GUARDIANS.
§ 744.309. Who may be appointed guardian of a resident ward.
§ 744.3115. Advance directives for health care.
§ 744.312. Considerations in appointment of guardian.
§ 744.3125. Application for appointment.
§ 744.3135. Credit and criminal investigation.
§ 744.3145. Guardian education requirements.
PART V. ADJUDICATION OF INCAPACITY AND APPOINTMENT OF GUARDIANS.
§ 744.3201. Petition to determine incapacity.
§ 744.3203. Suspension of power of attorney before incapacity determination.
§ 744.3215. Rights of persons determined incapacitated.
§ 744.331. Procedures to determine incapacity.
§ 744.334. Petition for appointment of guardian or professional guardian; contents.—
§ 744.3371. Notice of petition for appointment of guardian and hearing.
§ 744.341. Voluntary guardianship.
§ 744.342. Minors; guardianship.
§ 744.344. Order of appointment. [Transferred]
§ 744.345. Letters of guardianship.
§ 744.347. Oath of guardian.
§ 744.351. Bond of guardian.
§ 744.354. Validity of bond.
§ 744.357. Liability of surety.
§ 744.358. Liability of a guardian.
§ 744.359. Abuse, neglect, or exploitation by a guardian.
PART VI. POWERS AND DUTIES.
§ 744.361. Powers and duties of guardian.
§ 744.362. Initial guardianship report.
§ 744.363. Initial guardianship plan.
§ 744.365. Verified inventory.
§ 744.367. Duty to file annual guardianship report.
§ 744.3675. Annual guardianship plan.
§ 744.3678. Annual accounting.
§ 744.3679. Simplified accounting procedures in certain cases.
§ 744.368. Responsibilities of the clerk of the circuit court.
§ 744.3685. Order requiring guardianship report; contempt.
§ 744.369. Judicial review of guardianship reports.
§ 744.3701. Confidentiality.
§ 744.371. Relief to be granted.
§ 744.3715. Petition for interim judicial review.
§ 744.372. Judicial review of guardianships.
§ 744.3725. Procedure for extraordinary authority.
§ 744.373. Production of property.
§ 744.3735. Annual appearance of the guardian.
§ 744.374. Payments to guardian.
§ 744.381. Appraisals.
§ 744.384. Subsequently discovered or acquired property.
§ 744.387. Settlement of claims.
§ 744.391. Actions by and against guardian or ward.
§ 744.394. Suspension of statutes of limitations in favor of guardian.
§ 744.397. Application of income of property of ward.
§ 744.421. Petition for support of ward’s dependents.
§ 744.441. Powers of guardian upon court approval.
§ 744.442. Delegation of authority.
§ 744.444. Power of guardian without court approval.
§ 744.446. Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty.
§ 744.447. Petition for authorization to act.
§ 744.451. Order.
§ 744.454. Guardian forbidden to borrow or purchase; exceptions.
§ 744.457. Conveyance of various property rights by guardians of the property.
§ 744.461. Purchasers and lenders protected.
§ 744.462. Determination regarding alternatives to guardianship.
PART VII. TERMINATION.
§ 744.464. Restoration to capacity.
§ 744.467. Resignation of guardian.
§ 744.471. Appointment of successor.
§ 744.474. Reasons for removal of guardian.
§ 744.477. Proceedings for removal of a guardian.
§ 744.511. Accounting upon removal.
§ 744.514. Surrender of property upon removal.
§ 744.517. Proceedings for contempt.
§ 744.521. Termination of guardianship.
§ 744.524. Termination of guardianship on change of domicile of resident ward.
§ 744.527. Final reports and application for discharge; hearing.
§ 744.528. Discharge of guardian named as personal representative.
§ 744.531. Order of discharge.
§ 744.534. Disposition of unclaimed funds held by guardian.
PART VIII. VETERANS’ GUARDIANSHIP.
§ 744.602. Short title; scope of part.
§ 744.604. Definitions.
§ 744.607. Secretary of Veterans Affairs as party in interest.
§ 744.609. Procedure for commitment of veteran to United States Department of Veterans Affairs hospital.
§ 744.613. Appointment of guardian for ward authorized.
§ 744.616. Petition for appointment of guardian.
§ 744.617. Notice by court of petition filed for appointment of guardian.
§ 744.618. Persons who may be appointed guardian.
§ 744.619. Bond of guardian.
§ 744.621. Inventory of ward’s property; guardian’s failure to file inventory; discharge; forfeiture of commissions.
§ 744.622. Guardian empowered to receive moneys due ward from the United States Government.
§ 744.624. Guardian’s application of estate funds for support and maintenance of person other than ward.
§ 744.625. Petition for support, or support and education, of ward’s dependents; payments of apportioned benefits prohibit contempt action against veteran.
§ 744.626. Exemption of benefits from claims of creditors.
§ 744.627. Investment of funds of estate by guardian.
§ 744.631. Guardian’s petition for authority to sell ward’s real estate; notice by publication; penalties.
§ 744.634. Guardian’s accounts, filing with court and certification to United States Department of Veterans Affairs; notice and hearing on accounts; failure to account.
§ 744.637. Certified copies of public records made available.
§ 744.638. Clerk of the circuit court; fees; duties.
§ 744.639. Attorney’s fee.
§ 744.641. Guardian’s compensation; bond premiums.
§ 744.643. Discharge of guardian of minor or incompetent ward.
§ 744.646. Final settlement of guardianship; notice required; guardian ad litem fee; papers required by United States Department of Veterans Affairs.
§ 744.649. Notice of appointment of general guardian; closing of veteran’s guardianship; transfer of responsibilities and penalties to general guardian.
§ 744.652. Construction and application of part.
§ 744.653. Annual guardianship report.
PART IX. PUBLIC GUARDIANSHIP.
§ 744.701. Short title. [Repealed]
§ 744.702. Legislative intent. [Repealed]
§ 744.7021. Statewide Public Guardianship Office. [Transferred]
§ 744.703. Office of public guardian; appointment, notification. [Transferred]
§ 744.704. Powers and duties. [Transferred]
§ 744.705. Costs of public guardian. [Transferred]
§ 744.706. Preparation of budget. [Transferred]
§ 744.707. Procedures and rules. [Transferred]
§ 744.708. Reports and standards. [Transferred]
§ 744.7081. Access to records by Statewide Public Guardianship Office; confidentiality. [Transferred]
§ 744.7082. Direct-support organization; definition; use of property; board of directors; audit; dissolution. [Transferred]
§ 744.709. Surety bond. [Transferred]
§ 744.7101. Short title. [Repealed]
§ 744.711. Legislative findings and intent. [Repealed]
§ 744.712. Joining Forces for Public Guardianship grant program; purpose. [Transferred]
§ 744.713. Program administration; duties of the Statewide Public Guardianship Office. [Transferred]
§ 744.714. Eligibility. [Transferred]
§ 744.715. Grant application requirements; review criteria; awards process. [Transferred]
CHAPTER 747. CONSERVATORSHIP.
§ 747.01. Who are absentees under this law.
§ 747.011. Absentee incompetent for certain purposes.
§ 747.02. Jurisdiction.
§ 747.03. Petition.
§ 747.031. Notice; hearing.
§ 747.032. Order of appointment.
§ 747.033. Oath.
§ 747.034. Bond.
§ 747.035. Rights, powers, and duties of conservator.
§ 747.036. Resignation or removal of conservator.
§ 747.04. Termination of conservatorship.
§ 747.051. Summary procedure.
§ 747.052. Procedure for order authorizing action by spouse or next of kin.
TITLE XLIV. CIVIL RIGHTS.
CHAPTER 765. HEALTH CARE ADVANCE DIRECTIVES.
PART I. GENERAL PROVISIONS.
§ 765.101. Definitions.
§ 765.102. Legislative findings and intent.
§ 765.103. Existing advance directives.
§ 765.104. Amendment or revocation.
§ 765.105. Review of surrogate or proxy’s decision.
§ 765.106. Preservation of existing rights.
§ 765.107. Construction.
§ 765.108. Effect with respect to insurance.
§ 765.109. Immunity from liability; weight of proof; presumption.
§ 765.110. Health care facilities and providers; discipline.
§ 765.1103. Pain management and palliative care.
§ 765.1105. Transfer of a patient.
§ 765.1115. Falsification, forgery, or willful concealment, cancellation, or destruction of directive or revocation or amendment; penalties.
§ 765.112. Recognition of advance directive executed in another state.
§ 765.113. Restrictions on providing consent.
PART II. HEALTH CARE SURROGATE.
§ 765.201. Short title.
§ 765.202. Designation of a health care surrogate.
§ 765.203. Suggested form of designation.
§ 765.2035. Designation of a health care surrogate for a minor.
§ 765.2038. Designation of health care surrogate for a minor; suggested form.
§ 765.204. Capacity of principal; procedure.
§ 765.205. Responsibility of the surrogate.
PART III. LIFE-PROLONGING PROCEDURES.
§ 765.301. Short title.
§ 765.302. Procedure for making a living will; notice to physician.
§ 765.303. Suggested form of a living will.
§ 765.304. Procedure for living will.
§ 765.305. Procedure in absence of a living will.
§ 765.306. Determination of patient condition.
§ 765.309. Mercy killing or euthanasia not authorized; suicide distinguished.
PART IV. ABSENCE OF ADVANCE DIRECTIVE.
§ 765.401. The proxy.
§ 765.404. Persistent vegetative state.
PART V. ANATOMICAL GIFTS.
§ 765.510. Legislative declaration.
§ 765.511. Definitions.
§ 765.512. Persons who may make an anatomical gift.
§ 765.513. Donees; purposes for which anatomical gifts may be made.
§ 765.514. Manner of making anatomical gifts.
§ 765.515. Delivery of donor document.
§ 765.5155. Donor registry; education program.
§ 765.51551. Donor registry; public records exemption.
§ 765.516. Donor amendment or revocation of anatomical gift.
§ 765.517. Rights and duties at death.
§ 765.518. Eye banks.
§ 765.5185. Corneal removal by medical examiners.
§ 765.519. Enucleation of eyes by licensed funeral directors.
§ 765.521. Donations as part of driver license or identification card process.
§ 765.5215. Education program relating to annatomical gifts [Repealed.]
§ 765.52155. Florida Organ and Tissue Donor Education and Procurement Trust Fund [Repealed.]
§ 765.5216. Organ and tissue education panel [Repealed.]
§ 765.522. Duty of hospital administrators; liability of hospital administrators and procurement organizations.
§ 765.523. Discrimination in access to anatomical gifts and organ transplants prohibited.
§ 765.53. Organ Transplant Advisory Council; membership; responsibilities. [Repealed]
§ 765.541. Certification of procurement organizations; agency responsibilities.
§ 765.542. Requirements to engage in organ, tissue, or eye procurement.
§ 765.543. Organ and Tissue Procurement and Transplantation Advisory Board; creation; duties.
§ 765.544. Fees; organ and tissue donor education and procurement.
§ 765.545. Physician supervision of cadaveric organ and tissue procurement coordinators.
§ 765.546. Procurement of cadaveric organs for transplant by out-of-state physicians.
§ 765.547. Cooperation between medical examiner and procurement organization.
TITLE XLVI. CRIMES.
CHAPTER 825. ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS.
§ 825.1035. Injunction for protection against exploitation of a vulnerable adult.
CONSTITUTION OF THE STATE OF FLORIDA AS REVISED IN 1968 AND SUBSEQUENTLY AMENDED.
ARTICLE X. MISCELLANEOUS.
Section 4. Homestead; exemptions.
INDEX TO FLORIDA PROBATE RULES AND STATUTES
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
R
S
T
U
V
W

Recommend Papers

Rules, Rules, Rules, Rules: Multi-Level Regulatory Governance 9781442679504

Rules, Rules, Rules, Rules considers various sectors where rule-making spans all or most of the four levels of jurisdict

148 32 19MB Read more

Barbarians Of Lemuria: Core Rules Mythic Edition (v2.6)

The Second Age of Man is a savage time of sorcery and bloodshed, where strong men and beautiful women battle with warlor

199 72 19MB Read more

Federal Rules of Civil Procedure with Resources for Study 2021-2022 1543846238, 9781543846232

Federal Rules of Civil Procedure with Resources for Study: 2021-2022 Statutory Supplement

298 96 5MB Read more

Federal Rules of Civil Procedure with Resources for Study 2021-2022 9781543846249

254 20 791KB Read more

Rules of Disengagement 9780814762929

Rules of Disengagement examines the reasons men and women in the military have disobeyed orders and resisted the wars in

123 92 3MB Read more

The Rule of Rules: Morality, Rules, and the Dilemmas of Law 9780822380023

Analysis of jurisprudential debates about the nature of law through a general investigation of the reasons for and optim

122 51 1MB Read more

Practice Under Florida Probate Code 11th Edition [LATEST EDITION] 1663342148, 9781663342140

Written by skilled probate attorneys, Practice Under Florida Probate Code provides comprehensive analysis of all the ste

186 107 6MB Read more

Rules of the Kingdom 9780773549005

Warm-blooded, curious, and playful, these poems hunt for meaning in history, home, and family. Warm-blooded, curious,

106 74 2MB Read more

Type Rules!

860 94 23MB Read more

Rules and Representations 0231048262

As Norbert Hornstein writes in his foreword, "it underestimates Chomsky's impact in linguistics, philosophy, a

410 84 15MB Read more

Florida Probate Rules and Statutes, Rules of Civil Procedure, and Rules of Judicial Administration 2023 Edition [LATEST EDITION] [2023 ed.]
1663357722, 9781663357724

Author / Uploaded
LexisNexis Editorial Staff (editor)

0 0 0
Like this paper and download? You can publish your own PDF file online for free in a few minutes! Sign Up

File loading please wait...

Citation preview

FLORIDA PROBATE RULES AND STATUTES FLORIDA RULES OF CIVIL PROCEDURE

FLORIDA RULES OF GENERAL PRACTICE AND JUDICIAL ADMINISTRATION

2023 EDITION

THE FLORIDA BAR Distributed by LexisNexis® 230 Park Ave, 7th Floor, New York, NY 10169 800/833-9844 • Fax: 800/543-6862

www.lexisnexis.com

The Florida Bar and LexisNexis working together for Florida’s Lawyers Through a joint publishing relationship, The Florida Bar and LexisNexis have combined their expertise to best serve the information needs of those practicing law in Florida. The Legal Publications staff writes and edits the publications; LexisNexis provides printing, distribution, and customer service support. If you have any questions:

Contact The Florida Bar For questions regarding content, authors, member benefits, and other Bar matters. The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300 Phone: 850/561-5600 Fax: 850/561-5826 www.floridabar.org

Contact LexisNexis For questions regarding billing, subscriptions, purchases, or other Florida Bar products. LexisNexis 230 Park Ave, 7th Floor, New York, NY 10169 Phone: 800/833-9844 Fax: 800/543-6862 www.lexisnexis.com/flabar [email protected]

International Standard Book Number: 978-1-66335-772-4 (print) International Standard Book Number: 978-1-66335-773-1 (eBook) The Florida Bar, 651 East Jefferson Street, Tallahassee, FL 32399-2300 © 2023 by The Florida Bar. All rights reserved Published 2023 Printed in the United States of America (Pub No. 22736)

Terms of Use ________ Your use of this electronic publication (“eBook”) from LexisNexis, a division of RELX Inc., a Massachusetts corporation, or its affiliates, is subject to the following terms and conditions. This eBook is for your personal use only. All access to and use of this eBook is subject to U.S. and international copyright law. All intellectual property rights are reserved to the copyright holder. Redistribution or duplication of this eBook to any other electronic media or a third party is strictly prohibited. Under no circumstances may you redistribute this eBook commercially or post this eBook on an intranet, internet or SharePoint site. Finally, use of this eBook is further subject to the terms and conditions of use which were accepted at the time you completed your purchase of this eBook from the point of purchase.

CONTINUING LEGAL EDUCATION PUBLICATIONS STAFF Terry L. Hill, Director, Programs Division Chelsea Chick, Associate Editor Jamie Spargo, Associate Editor

PREFACE This pamphlet is another in a continuing series of publications designed to aid Florida lawyers to practice more efficiently and effectively. This manual will be updated annually to reflect statutory and rules of procedure revisions. Terry L. Hill, Director Programs Division January 2023

USE OF LEXIS® The Florida Bar acknowledges the use of LEXIS® computerized legal research service to assist in the legal editing of its manuals and supplements. Members of The Florida Bar can obtain membership group subscription information for LEXIS® services by calling the LEXIS® Membership Group at 800/356-6548.

TABLE OF CONTENTS __________ FLORIDA RULES OF CIVIL PROCEDURE CITATIONS TO OPINIONS ............................... CIV-3 TABLE OF CONTENTS ............................... CIV-7 TEXT ............................... CIV-13 SUBJECT INDEX TO RULES ............................... CIV-147 FLORIDA RULES OF GENERAL PRACTICE AND JUDICIAL ADMINISTRATION CITATIONS TO OPINIONS ............................... JUD-3 TABLE OF CONTENTS ............................... JUD-7 TEXT ............................... JUD-11 SUBJECT INDEX TO RULES ............................... JUD-117 FLORIDA PROBATE RULES AND STATUTES CITATIONS TO OPINIONS ............................... PROB-3 TABLE OF CONTENTS ............................... PROB-7 TEXT ............................... PROB-11 FLORIDA STATUTES CHAPTER 69 (Selected Section) ............................... PROB-181 CHAPTER 86 (Selected Section) ............................... PROB-183 CHAPTER 198 ............................... PROB-185 CHAPTER 222 ............................... PROB-195 CHAPTER 393 (Selected Sections) ............................... PROB-205 CHAPTER 409 (Selected Sections) ............................... PROB-211

CHAPTER 518 ............................... PROB-219 CHAPTER 655 (Selected Sections) ............................... PROB-229 CHAPTER 689 ............................... PROB-241 CHAPTER 695 ............................... PROB-261 CHAPTER 709 ............................... PROB-271 CHAPTER 710 ............................... PROB-283 CHAPTER 711 ............................... PROB-291 CHAPTER 716 ............................... PROB-295 CHAPTER 717 ............................... PROB-297 CHAPTER 731 ............................... PROB-325 CHAPTER 732 ............................... PROB-331 CHAPTER 733 ............................... PROB-363 CHAPTER 734 ............................... PROB-401 CHAPTER 735 ............................... PROB-403 CHAPTER 736 ............................... PROB-409 CHAPTER 738 ............................... PROB-467 CHAPTER 739 ............................... PROB-485 CHAPTER 740 ............................... PROB-491 CHAPTER 744 ............................... PROB-497 CHAPTER 747 ............................... PROB-559 CHAPTER 765 ............................... PROB-563 CHAPTER 825 (Selected Section) ............................... PROB-587 FLORIDA CONSTITUTION ARTICLE X, Section 4 ............................... PROB-595 SUBJECT INDEX TO RULES AND STATUTES ............................... PROB-597

Licensed to Otis K Pitts, Otis K Pitts

FLORIDA RULES OF CIVIL PROCEDURE 2023 Edition Rules reflect all changes through 346 So.3d 1157. Subsequent amendments, if any, can be found at www.floridasupremecourt.org/decisions/rules.shtml. The Florida Bar also updates the rules on its website at www.FloridaBar.org (on the homepage click “Rules Updates”).

CONTINUING LEGAL EDUCATION PUBLICATIONS THE FLORIDA BAR TALLAHASSEE, FLORIDA 32399-2300

CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES ORIGINAL ADOPTION, effective 1-1-67: 187 So.2d 598. OTHER OPINIONS: Effective 1-1-68: 211 So.2d 206.

Effective 10-1- 211 So.2d 174. 68: Effective 9-1-70: 237 So.2d 151. Effective 12-31- 253 So.2d 404. 71:

Effective 11-29- 269 So.2d 359. 72: Effective 1-1-73: 265 So.2d 21.

Effective 10-1- 281 So.2d 204. 73: Effective 1-1-77: 339 So.2d 626.

Amended 1.010, 1.020(d)(2), (d)(3), 1.100(c), 1.250, 1.340, 1.370, 1.410(a), 1.420(b), (e), 1.440, 1.500(e), 1.530(b), (f), 1.550(a); added 1.481; deleted 1.650, 1.670, 1.690, 1.700, 1.710, 1.720. Added forms 1.900-1.991. Amended 1.370(a)-(b), 1.640(a), form 1.918. Amended 1.035, 1.070, 1.080, 1.100, 1.110, 1.200, 1.431, 1.450(d), 1.490, 1.943; added 1.611, 1.627, 1.950, 1.975, 1.983-1.984, 1.989, 1.995-1.996. Amended 1.020, 1.035, 1.500. Four-year-cycle revision. Amended 1.035, 1.070, 1.080, 1.100, 1.140, 1.170, 1.200, 1.250, 1.280, 1.310, 1.320, 1.330, 1.340, 1.350, 1.360, 1.370, 1.380, 1.390, 1.410, 1.430, 1.440, 1.442, 1.500, 1.560, 1.627, forms 1.915-1.916, 1.949, 1.951. Amended 1.431(b), 1.611(b). Four-year-cycle revision. Amended 1.020(f)-(g), 1.030, 1.080(a), (h),

Effective 6-13- 347 So.2d 599. 77: Effective 9-1-77: 348 So.2d 325. Effective 7-1-79: 372 So.2d 449.

Effective 7-2-79: 368 So.2d 1293. Effective 1-1-80: 377 So.2d 971. Effective 1-1-81: 391 So.2d 165.

Effective 1-1-82: 403 So.2d 926.

Effective 1-1-82: 407 So.2d 197. Effective 6-1-84: 450 So.2d 810. Effective 6-1-84: 450 So.2d 817.

1.310(b)(4), 1.340(e), 1.410(c), 1.420(e), 1.431(e), (f)(1)-(f)(2), (g), 1.440(c), 1.510(c), form 1.917; deleted 1.630. Amended 1.220. Amended 1.330(a)(6), 1.340(f). Amended 1.030(a), 1.310(b)(4); deleted 1.020, 1.025, 1.030(b)-(e), 1.035. Amended 1.450(d); added 1.450(f). Amended 1.080(h)(1). Four-year-cycle revision. Amended 1.010, 1.060(b), 1.070(i), 1.090(e), 1.170(f), 1.190(a), 1.340(c), (e), 1.350(b), 1.400, 1.410(c), 1.420(e), 1.431(g), 1.440(b), 1.442, 1.460, 1.490(d), 1.570, 1.580, 1.610, forms 1.901-1.917, 1.919-1.920, 1.931, 1.934, 1.938, 1.940-1.946, 1.948, 1.971-1.972, 1.980, 1.990, 1.9951.996; renumbered 1.221; added 1.220, 1.351, 1.432, 1.625, forms 1.921, 1.922, 1.988; deleted 1.210(c), (d), 1.290(d), 1.627, 1.640, 1.660, 1.680, form 1.950. Amended 1.310(e), (f)(1), (f)(3), 1.320(b), 1.330(d)(4), 1.340(e); added 1.350(d); deleted 1.320(c), 1.450(d); Effective date delayed 1.450(f). Amended 1.340(e). Amended 1.611(c), forms 1.943-1, 1.943-2, 1.995-1. Amended 1.611(c), forms 1.943(b)-

521 So.2d 118. 541 So.2d 1121.

(e), 1.995(b). Four-year-cycle revision. Amended 1.080(e), 1.180(a), 1.200, 1.280(a), 1.290(a)(4), 1.310, 1.340, 1.380(c), 1.420, 1.440; added 1.060(c), 1.630; deleted 1.450(d)-(e); transferred 1.450(f) to Fla.R.Jud.Admin. 2.075. Amended 1.100(c); added forms 1.997-1.998. Added 1.700, 1.710, 1.720, 1.730, 1.740, 1.750, 1.760, 1.770, 1.780, 1.800, 1.810, 1.820, 1.830. Added 1.491. Added 1.222.

532 So.2d 1058.

Added 1.612.

534 So.2d 1150.

Amended 1.700(b), (c).

536 So.2d 193.

Added 1.650.

*536 So.2d 974.

Four-year-cycle revision. Amended 1.140(a), 1.170(g), 1.190(a), 1.280(b)(3)(A) (renumbered (b)(4) (A)), 1.310(b)(4), (c), 1.340(a), 1.360, 1.380, 1.390(c), 1.440(c), 1.470(b), forms 1.948, 1.975; added 1.070(j), 1.200(a)(5), 1.280(b)(2) (renumbering the remaining subdivisions), (b)(4)(D), 1.431(f), forms 1.902(b), 1.932. Added 1.612 (revised opinion).

Effective 1-1-85: 458 So.2d 245.

Effective 7-1-86: 488 So.2d 57. Effective 1-1-88: 518 So.2d 908.

Effective 3-1-88: Effective 9-2288: Effective 10-1788: Effective 11-2388: Effective 12-3088: Effective 1-1-89:

Effective 1-11- 536 So.2d 198. 89: Effective 7-6-89: 545 So.2d 866. Effective 1-1-90: 550 So.2d 442.

Amended 1.280. Amended 1.442.

Effective 7-1-90: 563 So.2d 85.

Effective 7-6-90: Effective 10-2590: Effective 4-4-91: Effective 5-2892:

563 So.2d 1079. 568 So.2d 1273. 577 So.2d 580. 604 So.2d 764.

609 So.2d 465. 627 So.2d 481.

Amended 1.976. Amended 1.720(f); transferred 1.760 to Florida Rules for Certified and Court-Appointed Mediators as 10.010. Repealed 1.442. Four-year-cycle revision. Substantively amended 1.070, 1.080(b), (f), 1.100(b), 1.200, 1.310(b)(4)(D), 1.420(f), 1.431(g) (2), 1.510(c), 1.530(e), 1.540(b), 1.611, forms 1.902(b), 1.907(b), 1.960, 1.988(b), standard interrogatories form 7; added new 1.442 directing compliance with statute; deleted 1.070(d) (renumbering the remaining subdivisions), 1.400, 1.612, 1.931. Deleted 1.432. Amended 1.650(d)(3).

639 So.2d 22.

Corrected 1.630(c).

641 So.2d 343.

Amended 1.700-1.720, 1.750, 1.800-1.830. Amended 1.010, 1.360, 1.540, forms 1.918-1.919, 1.982; deleted 1.491, 1.611, 1.740, forms 1.943, 1.975, 1.995, standard interrogatories form

Effective 7-9-92: 608 So.2d 1. Effective 1-1-93: 604 So.2d 1110.

Effective 1-1-93: Effective 11-2293: Effective 6-1694: Effective 7-1-94:

Amended 1.700, 1.710, 1.720, 1.730, 1.740, 1.750, 1.760; deleted 1.770, 1.780. Amended form 1.943(c). Amended 1.650(d)(2).

Effective 1-1-96: 663 So.2d 1049.

Effective 1-25- 674 So.2d 86. 96: Effective 1-1-97: 682 So.2d 105.

Effective 10-198: Effective 10-1598: Effective 3-4-99: Effective 3-1199: Effective 7-1-99: Effective 2-1700: Effective 1-1-01:

7 (because of adoption of Florida Family Law Rules of Procedure). Added 1.061.

718 So.2d 795.

Four-year-cycle revision. Amended 1.061, 1.110, 1.280(b)(4), 1.310(c)(d), (h), 1.351(b)-(c), 1.380, 1.442, 1.480(b), 1.710(b)(4), 1.730(b)-(c), 1.750(b), 1.800, forms 1.908, 1.916, 1.921-1.923, 1.997; added 1.070(i) and renumbered (j), added 1.280(b) (5), added 1.351 (d) and renumbered (e), (f), added 1.410 (a) and renumbered (a)-(f), added forms 1.902(c), 1.910(b), 1.911(b), 1.912(b), 1.913(b), 1.922(c)-(d); deleted 1.450(a) and renumbered (b)-(c); added committee note to 1.907. Amended 1.140(b) and 1.330(a).

723 So.2d 180.

Added form 1.995.

746 So.2d 1084. 745 So.2d 946.

Amended 1.070(j). Amended 1.650(d)(3).

756 So.2d 27. 754 So.2d 671.

Added rule 1.840 and form 1.999. Amended 1.070(j).

773 So.2d 1098.

Four-year-cycle revision. Substantively amended 1.061, 1.442(b), (f)-(g), 1.560, 1.650(d), forms 1.988, 1.990-1.996; added 1.525, form 1.977. Repealed 1.840, form 1.999.

Effective 10-23- 858 So.2d 1013.

03: Effective 1-1-04: 858 So.2d 1013.

Effective 10-1- 887 So.2d 1090. 04: Effective 1-1-06: 915 So.2d 145. Effective 1-1-06: 915 So.2d 612.

Effective 1-1-06: 917 So.2d 176.

Effective 11-15- 969 So.2d 1003. 07: Effective 1-1-08: 966 So.2d 943.

Amended 1.720(f). Revised Statewide Uniform Guidelines for Taxation of Costs in Civil Actions. Two-year-cycle revision. Amended 1.380, 1.420(e), 1.431, 1.510, 1.525, forms 1.989, 1.997. Amended 1.720(f)(2).

20 So.3d 376.

Three-year-cycle revision. Amended 1.120, 1.140, 1.210, 1.221, 1.280, 1.310, 1.351, 1.360, 1.410, 1.650, 1.820, forms 1.902, 1.910-1.913, 1.922, 1.982. Amended 1.200 and 1.470; adopted 1.452 and 1.455. Amended 1.100, 1.200, 1.440; added 1.201, form 1.999. Amended form 1.985.

15 So.3d 558.

Amended form 1.918.

30 So.3d 477.

Amended form 1.998.

30 So.3d 477. 44 So.3d 555.

Amended form 1.997. Amended 1.110, added forms 1.924;

Effective 1-1-08: 967 So.2d 178. Effective 5-2809: Effective 10-109: Effective 10-109: Effective 10-1509: Effective 1-1-10: Effective 2-11-

Two-year-cycle revision. Amended 1.070(j), 1.190, 1.210(a), 1.370, 1.380, 1.525, 1.540, 1.650, 1.750, 1.810, 1.820, forms 1.902, 1.906, 1.977, 1.988; added 1.981; repealed 1.840, form 1.999. Amended 1.200, 1.490.

15 So.3d 558.

10: Effective 1-1-11: 52 So.3d 579.

Effective 10-112: Effective 4-1-13: Effective 4-1113: Effective 5-9-13: Effective 1-1-14:

95 So.3d 96.

1.996(a)-(b) Amended rules 1.080, 1.100, 1.310, 1.340, 1.351, 1.360, 1.410, 1.420, 1.442, 1.470, 1.480, 1.510, 1.525, forms 1.901, 1.923, 1.986; added rules 1.071, 1.285, form 1.975; deleted form 1.985. Amended rules 1.280, 1.310, 1.340, 1.350, forms 1.988, 1.990, 1.991, 1.993, 1.994, and 1.995(a)-(d). Amended rule 1.720. Amended rules 1.080, 1.170, 1.351, 1.410, 1.440, 1.442, 1.510, 1.630. Amended rules 1.200, 1.201, 1.280, 1.340, 1.350, 1.380, 1.410. Amended rule 1.090.

102 So.3d 451. 112 So.3d 1209.

Amended rules 1.030, 1.080. Amended rule 1.442.

113 So.3d 777. 131 So.3d 643.

Effective 2-2014: Effective 3-1314: Effective 10-114: Effective 12-1114: Effective 3-5-15: Effective 1-14-

133 So.3d 928.

Amended rule 1.490. Amended rules 1.380, 1.431, 1.442, 1.480, 1.490, 1.530, 1.560, 1.630; added 1.020, 1.451. Amended rule 1.470.

Effective 11:

10-1- 80 So.3d 317.

Effective 1-1-12: 75 So.3d 264. Effective 9-1-12: 102 So.3d 505. Effective 9-1-12: 95 So.3d 76.

141 So.3d 179. 141 So.3d 1172. 153 So.3d 258. 159 So.3d 858. 153 So.3d 258.

Amended rule 1.490. Adopted rule 1.491. Amended rule 1.720. Amended rules 1.110, 1.994, 1.996. Adopted rule 1.115. Amended rules 1.490, 1.491. Amended rule 1.115, forms

16:

1.944(a), 1.944(b), 1.944(d), 1.996(b).

Effective 1-1-17: 199 So.3d 867.

Three-year-cycle rule and form amendments. Amended rules 1.020, 1.071, 1.100, 1.130, 1.140, 1.170, 1.200, 1.310, 1.320, 1.340, 1.410, 1.431, 1.500, 1.510, 1.625, 1.630, forms 1.900, 1.910, 1.911, 1.912, 1.913, 1.918, 1.921, 1.922, 14.975, 1.980, 1.997; adopted rule 1.545. Amended form 1.983.

Effective 2-23- 211 So.3d 985. 17: Effective 7-1-18: 244 So.3d 1009.

45 FLW S88. 302 So.3d 811.

Amended rule 1.570; renumbered form 1.914; adopted forms 1.914(b), 1.914(c). Amended rules 1.170, 1.260, 1.351, 1.410, 1.440, 1.442, 1.510. Amended forms 1.997, 1.998. Amended rules 1.090, 1.350, 1.380, 1.510, 1.540, 1.610, 1.650, 1.730, 1.830, 1.902, 1.923, 1.984, 1.996(a), 1.996(b), Appendix I Form 1, Form 2; adopted rule 1.535. Amended rule 1.470. Amended form 1.997.

309 So.3d 192.

Amended rule 1.510.

312 So.3d 445.

Amended rule 1.470.

318 So.3d 1240. 315 So.3d 633. 315 So.3d 635. 317 So.3d 72.

Amended rule 1.080. Amended rule 1.650. Amended rule 1.260. Amended rule 1.810.

Effective 1-1-19: 257 So.3d 66. Effective 1-1-20: 283 So.3d 802. Effective 1-1-20: 292 So.3d 660.

Effective 4-1-20: Effective 8-1320: Effective 12-3120: Effective 1-2821: Effective 4-8-21: Effective 4-8-21: Effective 4-8-21: Effective 4-29-

1.944(c)

21: Effective 21:

5-21- 317 So.3d 1090.

Effective 8-26- 324 So.3d 459. 21: Effective 10-7- 345 So.3d 697. 21: Effective 10-28- 344 So.3d 940. 21: Effective 12-16- 334 So.3d 587. 21: Effective 5-26- 345 So.3d 845. 22: Effective 7-14- 346 So.3d 1105. 22: Effective 22:

10-1- 346 So.3d 1157

Amended rule 1.720. Amended rule 1.280. Amended rules 1.280, 1.340. Amended rules 1.020, 1.090, 1.170, 1.310, 1.350, 1.351, 1.440, 1.442, 1.470, Form 1.983, 1.997, 1.999. Amended form 1.997. Amended rule 1.442. Amended rules 1.310, 1.320, 1.410, 1.430, 1.440, 1.700, 1.720, 1.730, 1.750, 1.830; repealed rule 1.451. Amended rule 1.530; deleted rule 1.535.

NOTE TO USERS: Rules in this pamphlet are current through 346 So.3d 1157. Subsequent amendments, if any, can be found at www.floridasupremecourt.org/decisions/rules.shtml. The Florida Bar also updates the rules on its website at www.FloridaBar.org (on the homepage click “Rules Updates”).

TABLE OF CONTENTS __________ TRACING TABLE 1.010. SCOPE AND TITLE OF RULES 1.020. PRIVACY AND COURT RECORDS 1.030. NONVERIFICATION OF PLEADINGS 1.040. ONE FORM OF ACTION 1.050. WHEN ACTION COMMENCED 1.060. TRANSFERS OF ACTIONS 1.061. CHOICE OF FORUM 1.070. PROCESS 1.071. CONSTITUTIONAL CHALLENGE TO STATE STATUTE OR COUNTY OR MUNICIPAL CHARTER, ORDINANCE, OR FRANCHISE; NOTICE BY PARTY 1.080. SERVICE AND FILING OF PLEADINGS, ORDERS, AND DOCUMENTS 1.090. TIME 1.100. PLEADINGS AND MOTIONS 1.110. GENERAL RULES OF PLEADING 1.115. PLEADING MORTGAGE FORECLOSURES 1.120. PLEADING SPECIAL MATTERS 1.130. ATTACHING COPY OF CAUSE OF ACTION AND EXHIBITS 1.140. DEFENSES 1.150. SHAM PLEADINGS 1.160. MOTIONS

1.170. COUNTERCLAIMS AND CROSSCLAIMS 1.180. THIRD-PARTY PRACTICE 1.190. AMENDED AND SUPPLEMENTAL PLEADINGS 1.200. PRETRIAL PROCEDURE 1.201. COMPLEX LITIGATION 1.210. PARTIES 1.220. CLASS ACTIONS 1.221. HOMEOWNERS’ ASSOCIATIONS

ASSOCIATIONS

AND

CONDOMINIUM

1.222. MOBILE HOMEOWNERS’ ASSOCIATIONS 1.230. INTERVENTIONS 1.240. INTERPLEADER 1.250. MISJOINDER AND NONJOINDER OF PARTIES 1.260. SURVIVOR; SUBSTITUTION OF PARTIES 1.270. CONSOLIDATION; SEPARATE TRIALS 1.280. GENERAL PROVISIONS GOVERNING DISCOVERY 1.285. INADVERTENT DISCLOSURE OF PRIVILEGED MATERIALS 1.290. DEPOSITIONS BEFORE ACTION OR PENDING APPEAL 1.300. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN 1.310. DEPOSITIONS UPON ORAL EXAMINATION 1.320. DEPOSITIONS UPON WRITTEN QUESTIONS 1.330. USE OF DEPOSITIONS IN COURT PROCEEDINGS 1.340. INTERROGATORIES TO PARTIES 1.350. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES 1.351. PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION

1.360. EXAMINATION OF PERSONS 1.370. REQUESTS FOR ADMISSION 1.380. FAILURE TO MAKE DISCOVERY; SANCTIONS 1.390. DEPOSITIONS OF EXPERT WITNESSES 1.410. SUBPOENA 1.420. DISMISSAL OF ACTIONS 1.430. DEMAND FOR JURY TRIAL; WAIVER 1.431. TRIAL JURY 1.440. SETTING ACTION FOR TRIAL 1.442. PROPOSALS FOR SETTLEMENT 1.450. EVIDENCE 1.452. QUESTIONS BY JURORS 1.455. JUROR NOTEBOOKS 1.460. CONTINUANCES 1.470. EXCEPTIONS UNNECESSARY; JURY INSTRUCTIONS 1.480. MOTION FOR A DIRECTED VERDICT 1.481. VERDICTS 1.490. MAGISTRATES 1.491. GENERAL MAGISTRATES FOR RESIDENTIAL MORTGAGE FORECLOSURE MATTERS 1.500. DEFAULTS AND FINAL JUDGMENTS THEREON 1.510. SUMMARY JUDGMENT 1.520. VIEW 1.525. MOTIONS FOR COSTS AND ATTORNEYS’ FEES 1.530. MOTIONS FOR NEW TRIAL AND REHEARING; AMENDMENTS OF JUDGMENTS; REMITTITUR OR ADDITUR 1.540. RELIEF FROM JUDGMENT, DECREES, OR ORDERS

1.545. FINAL DISPOSITION FORM 1.550. EXECUTIONS AND FINAL PROCESS 1.560. DISCOVERY IN AID OF EXECUTION 1.570. ENFORCEMENT OF FINAL JUDGMENTS 1.580. WRIT OF POSSESSION 1.590. PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES 1.600. DEPOSITS IN COURT 1.610. INJUNCTIONS 1.620. RECEIVERS 1.625. PROCEEDINGS AGAINST SURETY ON JUDICIAL BONDS 1.630. EXTRAORDINARY REMEDIES 1.650. MEDICAL MALPRACTICE PRESUIT SCREENING RULE 1.700. RULES COMMON TO MEDIATION AND ARBITRATION 1.710. MEDIATION RULES 1.720. MEDIATION PROCEDURES 1.730. COMPLETION OF MEDIATION 1.750. COUNTY COURT ACTIONS 1.800. EXCLUSIONS FROM ARBITRATION 1.810. SELECTION AND COMPENSATION OF ARBITRATORS 1.820. HEARING PROCEDURES FOR NON-BINDING ARBITRATION 1.830. VOLUNTARY BINDING ARBITRATION 1.900. FORMS 1.901. CAPTION 1.902. SUMMONS 1.903. CROSSCLAIM SUMMONS

1.904. THIRD-PARTY SUMMONS 1.905. ATTACHMENT 1.906. ATTACHMENT — FORECLOSURE 1.907. GARNISHMENT 1.908. WRIT OF REPLEVIN 1.909. DISTRESS 1.910. SUBPOENA FOR TRIAL 1.911. SUBPOENA DUCES TECUM FOR TRIAL 1.912. SUBPOENA FOR DEPOSITION 1.913. SUBPOENA DUCES TECUM FOR DEPOSITION 1.914(a). EXECUTION 1.914(b). NOTICE TO APPEAR 1.914(c). AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO APPEAR 1.915. WRIT OF POSSESSION 1.916. REPLEVIN ORDER TO SHOW CAUSE 1.917. NE EXEAT 1.918. LIS PENDENS 1.919. NOTICE OF ACTION; CONSTRUCTIVE SERVICE — NO PROPERTY 1.920. NOTICE OF ACTION; CONSTRUCTIVE SERVICE — PROPERTY 1.921. NOTICE OF PRODUCTION FROM NONPARTY 1.922. SUBPOENA DUCES TECUM WITHOUT DEPOSITION 1.923. EVICTION SUMMONS/RESIDENTIAL 1.924. AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY 1.932. OPEN ACCOUNT 1.933. ACCOUNT STATED

1.934. PROMISSORY NOTE 1.935. GOODS SOLD 1.936. MONEY LENT 1.937. REPLEVIN 1.938. FORCIBLE ENTRY AND DETENTION 1.939. CONVERSION 1.940. EJECTMENT 1.941. SPECIFIC PERFORMANCE 1.942. CHECK 1.944(a). MORTGAGE FORECLOSURE 1.944(b). MORTGAGE FORECLOSURE 1.944(c). MOTION FOR ORDER TO SHOW CAUSE 1.944(d). ORDER TO SHOW CAUSE 1.945. MOTOR VEHICLE NEGLIGENCE 1.946. MOTOR VEHICLE NEGLIGENCE WHEN PLAINTIFF IS UNABLE TO DETERMINE WHO IS RESPONSIBLE 1.947. TENANT EVICTION 1.948. THIRD-PARTY COMPLAINT. GENERAL FORM 1.949. IMPLIED WARRANTY 1.951. FALL-DOWN NEGLIGENCE COMPLAINT 1.960. BOND. GENERAL FORM 1.961. VARIOUS BOND CONDITIONS 1.965. DEFENSE. STATUTE OF LIMITATIONS 1.966. DEFENSE. PAYMENT 1.967. DEFENSE. ACCORD AND SATISFACTION 1.968. DEFENSE. FAILURE OF CONSIDERATION

1.969. DEFENSE. STATUTE OF FRAUDS 1.970. DEFENSE. RELEASE 1.971. DEFENSE. MOTOR VEHICLE CONTRIBUTORY NEGLIGENCE 1.972. DEFENSE. ASSUMPTION OF RISK 1.975. NOTICE OF COMPLIANCE CHALLENGE IS BROUGHT

WHEN

CONSTITUTIONAL

1.976. STANDARD INTERROGATORIES 1.977. FACT INFORMATION SHEET 1.980. DEFAULT 1.981. SATISFACTION OF JUDGMENT 1.982. CONTEMPT NOTICE 1.983. PROSPECTIVE JUROR QUESTIONNAIRE 1.984. JUROR VOIR DIRE QUESTIONNAIRE 1.986. VERDICTS 1.988. JUDGMENT AFTER DEFAULT 1.989. ORDER OF DISMISSAL FOR LACK OF PROSECUTION 1.990. FINAL JUDGMENT FOR PLAINTIFF. JURY ACTION FOR DAMAGES 1.991. FINAL JUDGMENT FOR DEFENDANT. JURY ACTION FOR DAMAGES 1.993. FINAL JUDGMENT FOR PLAINTIFF. GENERAL FORM. NONJURY 1.994. FINAL JUDGMENT FOR DEFENDANT. GENERAL FORM. NONJURY 1.995. FINAL JUDGMENT OF REPLEVIN 1.996(a). FINAL JUDGMENT OF FORECLOSURE 1.996(b). FINAL JUDGMENT OF REESTABLISHMENT OF LOST NOTE

FORECLOSURE

FOR

1.996(c). MOTION TO CANCEL AND RESCHEDULE FORECLOSURE SALE 1.997. CIVIL COVER SHEET 1.998. FINAL DISPOSITION FORM 1.999. ORDER DESIGNATING A CASE COMPLEX APPENDIX I. STANDARD INTERROGATORIES FORMS APPENDIX II. STATEWIDE UNIFORM GUIDELINES FOR TAXATION OF COSTS IN CIVIL ACTIONS SUBJECT INDEX

FLORIDA RULES OF CIVIL PROCEDURE ______ • Rule 1.010. » Fla. R. Civ. P. 1.010

RULE 1.010. SCOPE AND TITLE OF RULES. These rules apply to all actions of a civil nature and all special statutory proceedings in the circuit courts and county courts except those to which the Florida Probate Rules, the Florida Family Law Rules of Procedure, or the Small Claims Rules apply. The form, content, procedure, and time for pleading in all special statutory proceedings shall be as prescribed by the statutes governing the proceeding unless these rules specifically provide to the contrary. These rules shall be construed to secure the just, speedy, and inexpensive determination of every action. These rules shall be known as the Florida Rules of Civil Procedure and abbreviated as Fla. R. Civ. P.

« Rule 1.020. » Fla. R. Civ. P. 1.020

RULE 1.020. PRIVACY AND COURT RECORDS. Every pleading or other document filed with the court must comply with Florida Rules of General Practice and Judicial Administration 2.420, Public Access to and Protection of Judicial Branch Records and 2.425, Minimization of the Filing of Sensitive Information.

« Rule 1.030. » Fla. R. Civ. P. 1.030

RULE 1.030. NONVERIFICATION OF PLEADINGS. Except when otherwise specifically provided by these rules or an applicable statute, every pleading or other document of a party represented by an attorney need not be verified or accompanied by an affidavit. COMMITTEE NOTES 1976 Amendment. Subdivisions (a)-(b) have been amended to require the addition of the filing party’s telephone number on all pleadings and papers filed.

« Rule 1.040. » Fla. R. Civ. P. 1.040

RULE 1.040. ONE FORM OF ACTION. There shall be one form of action to be known as “civil action.”

« Rule 1.050. » Fla. R. Civ. P. 1.050

RULE 1.050. WHEN ACTION COMMENCED. Every action of a civil nature shall be deemed commenced when the complaint or petition is filed except that ancillary proceedings shall be deemed commenced when the writ is issued or the pleading setting forth the claim of the party initiating the action is filed.

« Rule 1.060. » Fla. R. Civ. P. 1.060

RULE 1.060. TRANSFERS OF ACTIONS. (a) Transfers of Courts. If it should appear at any time that an action is pending in the wrong court of any county, it may be transferred to the proper court within said county by the same method as provided in rule 1.170(j). (b) Wrong Venue. When any action is filed laying venue in the wrong county, the court may transfer the action in the manner provided in rule 1.170(j) to the proper court in any county where it might have been brought in accordance with the venue statutes. When the venue might have been laid in 2 or more counties, the person bringing the action may select the county to which the action is transferred, but if no such selection is made, the matter shall be determined by the court. (c) Method. The service charge of the clerk of the court to which an action is transferred under this rule shall be paid by the party who commenced the action within 30 days from the date the order of transfer is entered, subject to taxation as provided by law when the action is determined. If the service charge is not paid within the 30 days, the action shall be dismissed without prejudice by the court that entered the order of transfer. COURT COMMENTARY 1984 Amendment. Because of confusion in some circuits, subdivision (c) is added: (a) to specify who is to pay the clerk’s service charge on transfer; (b) to provide for the circumstance in which the service charge is not paid; and (c) to require the dismissal to be by the court which entered the order of transfer.

« Rule 1.061. » Fla. R. Civ. P. 1.061

RULE 1.061. CHOICE OF FORUM. (a) Grounds for Dismissal. An action may be dismissed on the ground that a satisfactory remedy may be more conveniently sought in a jurisdiction other than Florida when: (1) the trial court finds that an adequate alternate forum exists which possesses jurisdiction over the whole case, including all of the parties; (2) the trial court finds that all relevant factors of private interest favor the alternate forum, weighing in the balance a strong presumption against disturbing plaintiffs’ initial forum choice; (3) if the balance of private interests is at or near equipoise, the court further finds that factors of public interest tip the balance in favor of trial in the alternate forum; and (4) the trial judge ensures that plaintiffs can reinstate their suit in the alternate forum without undue inconvenience or prejudice. The decision to grant or deny the motion for dismissal rests in the sound discretion of the trial court, subject to review for abuse of discretion. (b) Stipulations in General. The parties to any action for which a satisfactory remedy may be more conveniently sought in a jurisdiction other than Florida may stipulate to conditions upon which a forum-non-conveniens dismissal shall be based, subject to approval by the trial court. The decision to accept or reject the stipulation rests in the sound discretion of the trial court, subject to review for abuse of discretion. A forum-non-conveniens dismissal shall not be granted unless all defendants agree to the stipulations required by subdivision (c) and any additional stipulations required by the court. (c) Statutes of Limitation. In moving for forum-non-conveniens dismissal, defendants shall be deemed to automatically stipulate that the action will be treated in the new forum as though it had been filed in that forum on the date it was filed in Florida, with service of process accepted as of that date.

(d) Failure to Refile Promptly. When an action is dismissed in Florida for forum non conveniens, plaintiffs shall automatically be deemed to stipulate that they will lose the benefit of all stipulations made by the defendant, including the stipulation provided in subdivision (c) of this rule, if plaintiffs fail to file the action in the new forum within 120 days after the date the Florida dismissal becomes final. (e) Waiver of Automatic Stipulations. Upon unanimous agreement, the parties may waive the conditions provided in subdivision (c) or (d), or both, only when they demonstrate and the trial court finds a compelling reason for the waiver. The decision to accept or reject the waiver shall not be disturbed on review if supported by competent, substantial evidence. (f) Reduction to Writing. The parties shall reduce their stipulation to a writing signed by them, which shall include all stipulations provided by this rule and which shall be deemed incorporated by reference in any subsequent order of dismissal. (g) Time for Moving for Dismissal. A motion to dismiss based on forum non conveniens shall be served not later than 60 days after service of process on the moving party. (h) Retention of Jurisdiction. The court shall retain jurisdiction after the dismissal to enforce its order of dismissal and any conditions and stipulations in the order. COMMITTEE NOTES 2000 Amendment. Subdivision (a)(1) is amended to clarify that the alternative forum other than Florida must have jurisdiction over all of the parties for the trial court to grant a dismissal based on forum non conveniens. Subdivision (b) is amended to clarify that all of the defendants, not just the moving defendant, must agree to the stipulations required by subdivision (c) as well as any additional stipulations required by the trial court before an action may be dismissed based on forum non conveniens. Subdivision (g) is added to require that a motion to dismiss based on forum non conveniens be served not later than 60 days after service of process on the moving party.

Subdivision (h) is added to require the court to retain jurisdiction over the action after the dismissal for purposes of enforcing its order of dismissal and any conditions and stipulations contained in the order. COURT COMMENTARY This section was added to elaborate on Florida’s adoption of the federal doctrine of forum non conveniens in Kinney System, Inc. v. Continental Insurance Co, 674 So.2d 86 (Fla. 1996), and it should be interpreted in light of that opinion. Subdivision (a) codifies the federal standard for reviewing motions filed under the forum-non-conveniens doctrine. Orders granting or denying dismissal for forum non conveniens are subject to appellate review under an abuse-of-discretion standard. As stated in Kinney, the phrase “private interests” means adequate access to evidence and relevant sites, adequate access to witnesses, adequate enforcement of judgments, and the practicalities and expenses associated with the litigation. Private interests do not involve consideration of the availability or unavailability of advantageous legal theories, a history of generous or stingy damage awards, or procedural nuances that may affect outcomes but that do not effectively deprive the plaintiff of any remedy. “Equipoise” means that the advantages and disadvantages of the alternative forum will not significantly undermine or favor the “private interests” of any particular party, as compared with the forum in which suit was filed. “Public interests” are the ability of courts to protect their dockets from causes that lack significant connection to the jurisdiction; the ability of courts to encourage trial of controversies in the localities in which they arise; and the ability of courts to consider their familiarity with governing law when deciding whether to retain jurisdiction over a case. Even when the private conveniences of the litigants are nearly in balance, a trial court has discretion to grant a forum-non-conveniens dismissal upon finding that retention of jurisdiction would be unduly burdensome to the community, that there is little or no public interest in the dispute, or that foreign law will predominate if jurisdiction is retained. Subdivision (b) provides that the parties can stipulate to conditions of a

forum-non-conveniens dismissal, subject to the trial court’s approval. The trial court’s acceptance or rejection of the stipulation is subject to appellate review under an abuse-of-discretion standard. Subdivisions (c) and (d) provide automatic conditions that shall be deemed included in every forum-non-conveniens dismissal. The purpose underlying subdivision (c) is to ensure that any statute of limitation in the new forum is applied as though the action had been filed in that forum on the date it was filed in Florida. The purpose underlying subdivision (d) is to ensure that the action is promptly refiled in the new forum. Both of these stipulations are deemed to be a part of every stipulation that does not expressly state otherwise, subject to the qualification provided in subdivision (e). Subdivision (e) recognizes that there may be extraordinary conditions associated with the new forum that would require the waiver of the conditions provided in subdivisions (c) and (d). Waivers should be granted sparingly. Thus, the parties by unanimous consent may stipulate to waive those conditions only upon showing a compelling reason to the trial court. The trial court’s acceptance or rejection of the waiver may not be reversed on appeal where supported by competent, substantial evidence. Subdivision (f) requires the parties to reduce their stipulation to written form, which the parties must sign. When and if the trial court accepts the stipulation, the parties’ agreement then is treated as though it were incorporated by reference in the trial court’s order of dismissal. To avoid confusion, the parties shall include the automatic stipulations provided by subdivisions (c) and (d) of this rule, unless the latter are properly waived under subdivision (e). However, the failure to include these automatic conditions in the stipulation does not waive them unless the dismissing court has expressly so ruled.

« Rule 1.070. » Fla. R. Civ. P. 1.070

RULE 1.070. PROCESS. (a) Summons; Issuance. Upon the commencement of the action, summons or other process authorized by law shall be issued forthwith by the clerk or judge under the clerk’s or the judge’s signature and the seal of the court and delivered for service without praecipe. (b) Service; By Whom Made. Service of process may be made by an officer authorized by law to serve process, but the court may appoint any competent person not interested in the action to serve the process. When so appointed, the person serving process shall make proof of service by affidavit promptly and in any event within the time during which the person served must respond to the process. Failure to make proof of service shall not affect the validity of the service. When any process is returned not executed or returned improperly executed for any defendant, the party causing its issuance shall be entitled to such additional process against the unserved party as is required to effect service. (c) Service; Numerous Defendants. If there is more than 1 defendant, the clerk or judge shall issue as many writs of process against the several defendants as may be directed by the plaintiff or the plaintiff’s attorney. (d) Service by Publication. Service of process by publication may be made as provided by statute. (e) Copies of Initial Pleading for Persons Served. At the time of personal service of process a copy of the initial pleading shall be delivered to the party upon whom service is made. The date and hour of service shall be endorsed on the original process and all copies of it by the person making the service. The party seeking to effect personal service shall furnish the person making service with the necessary copies. When the service is made by publication, copies of the initial pleadings shall be furnished to the clerk and mailed by the clerk with the notice of action to all parties whose addresses are stated in the initial pleading or sworn statement. (f) Service of Orders. If personal service of a court order is to be made, the original order shall be filed with the clerk, who shall certify or verify a copy of it without charge. The person making service shall use the certified

copy instead of the original order in the same manner as original process in making service. (g) Fees; Service of Pleadings. The statutory compensation for making service shall not be increased by the simultaneous delivery or mailing of the copy of the initial pleading in conformity with this rule. (h) Pleading Basis. When service of process is to be made under statutes authorizing service on nonresidents of Florida, it is sufficient to plead the basis for service in the language of the statute without pleading the facts supporting service. (i) Service of Process by Mail. A defendant may accept service of process by mail. (1) Acceptance of service of a complaint by mail does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant. (2) A plaintiff may notify any defendant of the commencement of the action and request that the defendant waive service of a summons. The notice and request shall: (A) be in writing and be addressed directly to the defendant, if an individual, or to an officer or managing or general agent of the defendant or other agent authorized by appointment or law to receive service of process; (B) be dispatched by certified mail, return receipt requested; (C) be accompanied by a copy of the complaint and shall identify the court in which it has been filed; (D) inform the defendant of the consequences of compliance and of failure to comply with the request; (E) state the date on which the request is sent; (F) allow the defendant 20 days from the date on which the request is received to return the waiver, or, if the address of the defendant is outside of the United States, 30 days from the date on which it is received to return the waiver; and (G) provide the defendant with an extra copy of the notice and

request, including the waiver, as well as a prepaid means of compliance in writing. (3) If a defendant fails to comply with a request for waiver within the time provided herein, the court shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure is shown. (4) A defendant who, before being served with process, timely returns a waiver so requested is not required to respond to the complaint until 60 days after the date the defendant received the request for waiver of service. For purposes of computing any time prescribed or allowed by these rules, service of process shall be deemed effected 20 days before the time required to respond to the complaint. (5) When the plaintiff files a waiver of service with the court, the action shall proceed, except as provided in subdivision (4) above, as if a summons and complaint had been served at the time of filing the waiver, and no further proof of service shall be required. (j) Summons; Time Limit. If service of the initial process and initial pleading is not made upon a defendant within 120 days after filing of the initial pleading directed to that defendant the court, on its own initiative after notice or on motion, shall direct that service be effected within a specified time or shall dismiss the action without prejudice or drop that defendant as a party; provided that if the plaintiff shows good cause or excusable neglect for the failure, the court shall extend the time for service for an appropriate period. When a motion for leave to amend with the attached proposed amended complaint is filed, the 120-day period for service of amended complaints on the new party or parties shall begin upon the entry of an order granting leave to amend. A dismissal under this subdivision shall not be considered a voluntary dismissal or operate as an adjudication on the merits under rule 1.420(a)(1). COMMITTEE NOTES 1971 Amendment. Subdivisions (f), (g), and (h) of the existing rule are combined because they deal with the same subject matter. The “notice of suit” is changed to “notice of action” to comply with the statutory change in 1967. Subdivision (g) is new and provides for substitution of a certified or

verified copy of a court order that must be served. The original is to be filed with the clerk and not removed. Subdivision (i) is relettered to (h). 1972 Amendment. Subdivision (a) is amended to require the officer issuing the process to sign it and place the court seal on it. This was required by former section 47.04, Florida Statutes, and is essential to the validity of process. When the statute was repealed these procedural requirements were omitted and inadvertently not included in the rule. Subdivision (b) is changed to eliminate the predicate for court appointment of a person to make service of process. This makes the rule more flexible and permits the court to appoint someone to make service at any appropriate time. 1980 Amendment. Subdivision (i) is added to eliminate pleading evidentiary facts for “long arm” service of process. It is based on the long standing principle in service by publication that pleading the basis for service is sufficient if it is done in the language of the statute. See McDaniel v. McElvy, 91 Fla. 770, 108 So. 820 (1926). Confusion has been generated in the decisions under the “long arm” statute. See Wm. E. Strasser Construction Corp. v. Linn, 97 So. 2d 458 (Fla. 1957); Hartman Agency, Inc. v. Indiana Farmers Mutual Insurance Co., 353 So. 2d 665 (Fla. 2d DCA 1978); and Drake v. Scharlau, 353 So. 2d 961 (Fla. 2d DCA 1978). The amendment is not intended to change the distinction between pleading and proof as enunciated in Elmex Corp. v. Atlantic Federal Savings & Loan Association of Fort Lauderdale, 325 So. 2d 58 (Fla. 4th DCA 1976). It is intended to eliminate the necessity of pleading evidentiary facts as well as those of pecuniary benefit that were used in the Elmex case. The amendment is limited to pleading. If the statutory allegations are attacked by motion, the pleader must then prove the evidentiary facts to support the statutory requirements. If denied in a pleading, the allegations must be proved at trial. Otherwise, the allegations will be admitted under rule 1.110(e). 1988 Amendment. Subdivision (j) has been added to require plaintiffs to cause service of original summons within 120 days of filing the complaint absent good cause of further delay. 1992 Amendment. Subdivision (d) is repealed because the reason for the rule ceased when process was permitted to run beyond county boundaries. The amendment to subdivision (j) (redesignated as (i)) is intended to clarify that a dismissal under this subdivision is not to be considered as an

adjudication on the merits under rule 1.420(a)(1) of these rules. 1996 Amendment. Subdivision (i) is added to provide some formality to the practice of requesting waiver of service of process by a sheriff or person appointed to serve papers or by publication. The committee intends that only the manner of service will be waived by this procedure. By accepting service pursuant to this rule, the defendant will not waive any objection to venue or jurisdiction over the person or admit to the sufficiency of the pleadings or to allegations with regard to long-arm or personal jurisdiction. For example, service of process would be void should a motion to dismiss be granted because the complaint did not allege the basis for long-arm jurisdiction over a nonresident defendant. City Contract Bus Service, Inc. v. H.E. Woody, 515 So. 2d 1354 (Fla. 1st DCA 1987). Under such circumstances, the defendant must be served pursuant to law or again waive service pursuant to this rule. Subdivision (i)(2)(F) allows the defendant twenty days from receipt (or thirty days if the defendant is outside of the United States) to return the waiver. Accordingly, the committee intends that the waiver be received by the plaintiff or the plaintiff’s attorney by the twentieth day (or the thirtieth day if the defendant is outside of the United States). The former subdivision (i) has been redesignated as subdivision (j). Form 1.902 may be used to give notice of an action and request waiver of process pursuant to this rule. 2003 Amendment. Subdivision (j) is amended in accordance with Totura & Co., Inc. v. Williams, 754 So. 2d 671 (Fla. 2000). See the amendment to rule 1.190(a).

« Rule 1.071. » Fla. R. Civ. P. 1.071

RULE 1.071. CONSTITUTIONAL CHALLENGE TO STATE STATUTE OR COUNTY OR MUNICIPAL CHARTER, ORDINANCE, OR FRANCHISE; NOTICE BY PARTY. A party that files a pleading, written motion, or other document drawing into question the constitutionality of a state statute or a county or municipal charter, ordinance, or franchise must promptly (a) file a notice of constitutional question stating the question and identifying the document that raises it; and (b) serve the notice and the pleading, written motion, or other document drawing into question the constitutionality of a state statute or a county or municipal charter, ordinance, or franchise on the Attorney General or the state attorney of the judicial circuit in which the action is pending, by either certified or registered mail. Service of the notice and pleading, written motion, or other document does not require joinder of the Attorney General or the state attorney as a party to the action. COMMITTEE NOTES 2010 Adoption. This rule clarifies that, with respect to challenges to a state statute or municipal charter, ordinance, or franchise, service of the notice does not require joinder of the Attorney General or the state attorney as a party to the action; however, consistent with section 86.091, Florida Statutes, the Florida Attorney General or applicable state attorney has the discretion to participate and be heard on matters affecting the constitutionality of a statute. See, e.g., Mayo v. National Truck Brokers, Inc., 220 So. 2d 11 (Fla. 1969); State ex rel. Shevin v. Kerwin, 279 So. 2d 836 (Fla. 1973) (Attorney General may choose to participate in appeal even though he was not required to be a party at the trial court). The rule imposes a new requirement that the party challenging the statute, charter, ordinance, or franchise file verification with the court of compliance with section 86.091, Florida Statutes. See form 1.975.

« Rule 1.080. » Fla. R. Civ. P. 1.080

RULE 1.080. SERVICE AND FILING OF PLEADINGS, ORDERS, AND DOCUMENTS. (a) Service. Every pleading subsequent to the initial pleading, all orders, and every other document filed or required by statute or rule to be served in the action must be served in conformity with the requirements of Florida Rule of General Practice and Judicial Administration 2.516. (b) Filing. All documents shall be filed in conformity with the requirements of Florida Rule of Judicial Administration 2.525. (c) Writing and written defined. Writing or written means a document containing information, an application, or a stipulation.

« Rule 1.090. » Fla. R. Civ. P. 1.090

RULE 1.090. TIME. (a) Computation. Computation of time shall be governed by Florida Rule of General Practice and Judicial Administration 2.514. (b) Enlargement. (1) In General. When an act is required or allowed to be done at or within a specified time by order of court, by these rules, or by notice given thereunder, for cause shown the court at any time in its discretion: (A) with or without notice, may order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (B) upon motion made and notice after the expiration of the specified period, may permit the act to be done when failure to act was the result of excusable neglect. (2) Exceptions. The court may not extend the time for making a motion for new trial, for rehearing, or to alter or amend a judgment; making a motion for relief from a judgment under rule 1.540(b); taking an appeal or filing a petition for certiorari; or making a motion for a directed verdict. (c) Unaffected by Expiration of Term. The period of time provided for the doing of any act or the taking of any proceeding shall not be affected or limited by the continued existence or expiration of a term of court. The continued existence or expiration of a term of court in no way affects the power of a court to do any act or take any proceeding in any action which is or has been pending before it. (d) For Motions. A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing.

« Rule 1.100. » Fla. R. Civ. P. 1.100

RULE 1.100. PLEADINGS AND MOTIONS. (a) Pleadings. There must be a complaint or, when so designated by a statute or rule, a petition, and an answer to it; an answer to a counterclaim denominated as such; an answer to a crossclaim if the answer contains a crossclaim; a third-party complaint if a person who was not an original party is summoned as a third-party defendant; and a third-party answer if a thirdparty complaint is served. If an answer or third-party answer contains an affirmative defense and the opposing party seeks to avoid it, the opposing party must file a reply containing the avoidance. No other pleadings will be allowed. (b) Motions. An application to the court for an order must be by motion which must be made in writing unless made during a hearing or trial, must state with particularity the grounds for it, and must set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. All notices of hearing must specify each motion or other matter to be heard. (c) Caption. (1) Every pleading must have a caption containing the name of all of the parties, the name of the court, the file number, and a designation identifying the party filing it. (2) Every motion, order, judgment, or other document must have a caption containing the name of the court, the case number, the name of the first party on each side with an appropriate indication of other parties, and a designation identifying the party filing it and its nature or the nature of the order, as the case may be. (3) In any in rem proceeding, every pleading, motion, order, judgment, or other document must have a caption containing the name of the court, the case number, the style “In re” (followed by the name or general description of the property), and a designation of the person or entity filing it and its nature or the nature of the order, as the case may be. (4) In an in rem forfeiture proceeding, the style must be “In re forfeiture

of” (followed by the name or general description of the property). (5) All documents filed in the action must be styled in such a manner as to indicate clearly the subject matter of the document and the party requesting or obtaining relief. (d) Civil Cover Sheet. A civil cover sheet (form 1.997) must be completed and filed with the clerk at the time an initial complaint or petition is filed by the party initiating the action. If the cover sheet is not filed, the clerk must accept the complaint or petition for filing; but all proceedings in the action must be abated until a properly executed cover sheet is completed and filed. The clerk must complete the civil cover sheet for a party appearing pro se. (e) Motion in Lieu of Scire Facias. Any relief available by scire facias may be granted on motion after notice without the issuance of a writ of scire facias. COMMITTEE NOTES 1971 Amendment. The change requires a more complete designation of the document that is filed so that it may be more rapidly identified. It also specifies the applicability of the subdivision to all of the various documents that can be filed. For example, a motion to dismiss should now be entitled “defendant’s motion to dismiss the complaint” rather than merely “motion” or “motion to dismiss.” 1972 Amendment. Subdivision (a) is amended to make a reply mandatory when a party seeks to avoid an affirmative defense in an answer or third-party answer. It is intended to eliminate thereby the problems exemplified by Tuggle v. Maddox, 60 So. 2d 158 (Fla. 1952), and Dickerson v. Orange State Oil Co., 123 So. 2d 562 (Fla. 2d DCA 1960). 1992 Amendment. Subdivision (b) is amended to require all notices of hearing to specify the motions or other matters to be heard. 2010 Amendment. Subdivision (c) is amended to address separately the caption for in rem proceedings, including in rem forfeiture proceedings. 2016 Amendment. Subdivision (c) is amended to address the naming of parties in pleadings and amended pleadings similarly to Federal Rule of Civil Procedure 10(a). Subdivision (c)(2) on Civil Cover Sheets is moved to

subdivision (d), and subdivision (c)(3) on Final Disposition Forms is moved to new rule 1.545.

« Rule 1.110. » Fla. R. Civ. P. 1.110

RULE 1.110. GENERAL RULES OF PLEADING. (a) Forms of Pleadings. Forms of action and technical forms for seeking relief and of pleas, pleadings, or motions are abolished. (b) Claims for Relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, crossclaim, or third-party claim, must state a cause of action and shall contain (1) a short and plain statement of the grounds upon which the court’s jurisdiction depends, unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction to support it, (2) a short and plain statement of the ultimate facts showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief to which the pleader deems himself or herself entitled. Relief in the alternative or of several different types may be demanded. Every complaint shall be considered to demand general relief. (c) The Answer. In the answer a pleader shall state in short and plain terms the pleader’s defenses to each claim asserted and shall admit or deny the averments on which the adverse party relies. If the defendant is without knowledge, the defendant shall so state and such statement shall operate as a denial. Denial shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part of an averment, the pleader shall specify so much of it as is true and shall deny the remainder. Unless the pleader intends in good faith to controvert all of the averments of the preceding pleading, the pleader may make denials as specific denials of designated averments or may generally deny all of the averments except such designated averments as the pleader expressly admits, but when the pleader does so intend to controvert all of its averments, including averments of the grounds upon which the court’s jurisdiction depends, the pleader may do so by general denial. (d) Affirmative Defenses. In pleading to a preceding pleading a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of

limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court, on terms if justice so requires, shall treat the pleading as if there had been a proper designation. Affirmative defenses appearing on the face of a prior pleading may be asserted as grounds for a motion or defense under rule 1.140(b); provided this shall not limit amendments under rule 1.190 even if such ground is sustained. (e) Effect of Failure to Deny. Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damages, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided. (f) Separate Statements. All averments of claim or defense shall be made in consecutively numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances, and a paragraph may be referred to by number in all subsequent pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense when a separation facilitates the clear presentation of the matter set forth. (g) Joinder of Causes of Action; Consistency. A pleader may set up in the same action as many claims or causes of action or defenses in the same right as the pleader has, and claims for relief may be stated in the alternative if separate items make up the cause of action, or if 2 or more causes of action are joined. A party may also set forth 2 or more statements of a claim or defense alternatively, either in 1 count or defense or in separate counts or defenses. When 2 or more statements are made in the alternative and 1 of them, if made independently, would be sufficient, the pleading is not made insufficient by the insufficiency of 1 or more of the alternative statements. A party may also state as many separate claims or defenses as that party has, regardless of consistency and whether based on legal or equitable grounds or both. All pleadings shall be construed so as to do substantial justice. (h) Subsequent Pleadings. When the nature of an action permits pleadings subsequent to final judgment and the jurisdiction of the court over the parties has not terminated, the initial pleading subsequent to final judgment shall be designated a supplemental complaint or petition. The action shall then

proceed in the same manner and time as though the supplemental complaint or petition were the initial pleading in the action, including the issuance of any needed process. This subdivision shall not apply to proceedings that may be initiated by motion under these rules. COMMITTEE NOTES 1971 Amendment. Subdivision (h) is added to cover a situation usually arising in divorce judgment modifications, supplemental declaratory relief actions, or trust supervision. When any subsequent proceeding results in a pleading in the strict technical sense under rule 1.100(a), response by opposing parties will follow the same course as though the new pleading were the initial pleading in the action. The time for answering and authority for defenses under rule 1.140 will apply. The last sentence exempts post judgment motions under rules 1.480(c), 1.530, and 1.540, and similar proceedings from its purview. 2014 Amendment. The last two paragraphs of rule 1.110(b) regarding pleading requirements for certain mortgage foreclosure actions were deleted and incorporated in new rule 1.115.

« Rule 1.115. » Fla. R. Civ. P. 1.115

RULE 1.115. PLEADING MORTGAGE FORECLOSURES. (a) Claim for Relief. A claim for relief that seeks to foreclose a mortgage or other lien which secures a promissory note on residential real property, including individual units of condominiums and cooperatives designed principally for occupation by one to four families, must: (1) contain affirmative allegations expressly made by the claimant at the time the proceeding is commenced that the claimant is the holder of the original note secured by the mortgage; or (2) allege with specificity the factual basis by which the claimant is a person entitled to enforce the note under section 673.3011, Florida Statutes. (b) Delegated Claim for Relief. If a claimant has been delegated the authority to institute a mortgage foreclosure action on behalf of the person entitled to enforce the note, the claim for relief shall describe the authority of the claimant and identify with specificity the document that grants the claimant the authority to act on behalf of the person entitled to enforce the note. The term “original note” or “original promissory note” means the signed or executed promissory note rather than a copy of it. The term includes any renewal, replacement, consolidation, or amended and restated note or instrument given in renewal, replacement, or substitution for a previous promissory note. The term also includes a transferrable record, as defined by the Uniform Electronic Transaction Act in section 668.50(16), Florida Statutes. (c) Possession of Original Promissory Note. If the claimant is in possession of the original promissory note, the claimant must file under penalty of perjury a certification contemporaneously with the filing of the claim for relief for foreclosure that the claimant is in possession of the original promissory note. The certification must set forth the location of the note, the name and title of the individual giving the certification, the name of the person who personally verified such possession, and the time and date on which the possession was verified. Correct copies of the note and all allonges to the note must be attached to the certification. The original note and the allonges must be filed with the court before the entry of any judgment of foreclosure or judgment on the note.

(d) Lost, Destroyed, or Stolen Instrument. If the claimant seeks to enforce a lost, destroyed, or stolen instrument, an affidavit executed under penalty of perjury must be attached to the claim for relief. The affidavit must: (1) detail a clear chain of all endorsements, transfers, or assignments of the promissory note that is the subject of the action; (2) set forth facts showing that the claimant is entitled to enforce a lost, destroyed, or stolen instrument pursuant to section 673.3091, Florida Statutes; and (3) include as exhibits to the affidavit such copies of the note and the allonges to the note, audit reports showing receipt of the original note, or other evidence of the acquisition, ownership, and possession of the note as may be available to the claimant. Adequate protection as required and identified under sections 673.3091(2) and 702.11(1), Florida Statutes, shall be provided before the entry of final judgment. (e) Verification. When filing an action for foreclosure on a mortgage for residential real property the claim for relief shall be verified by the claimant seeking to foreclose the mortgage. When verification of a document is required, the document filed shall include an oath, affirmation, or the following statement: “Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief.”

« Rule 1.120. » Fla. R. Civ. P. 1.120

RULE 1.120. PLEADING SPECIAL MATTERS. (a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued, the authority of a party to sue or be sued in a representative capacity, or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the court. The initial pleading served on behalf of a minor party shall specifically aver the age of the minor party. When a party desires to raise an issue as to the legal existence of any party, the capacity of any party to sue or be sued, or the authority of a party to sue or be sued in a representative capacity, that party shall do so by specific negative averment which shall include such supporting particulars as are peculiarly within the pleader’s knowledge. (b) Fraud, Mistake, Condition of the Mind. In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with such particularity as the circumstances may permit. Malice, intent, knowledge, mental attitude, and other condition of mind of a person may be averred generally. (c) Conditions Precedent. In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity. (d) Official Document or Act. In pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law. (e) Judgment or Decree. In pleading a judgment or decree of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it is sufficient to aver the judgment or decree without setting forth matter showing jurisdiction to render it. (f) Time and Place. For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter. (g) Special Damage. When items of special damage are claimed, they

shall be specifically stated.

« Rule 1.130. » Fla. R. Civ. P. 1.130

RULE 1.130. ATTACHING COPY OF CAUSE OF ACTION AND EXHIBITS. (a) Instruments Attached. All bonds, notes, bills of exchange, contracts, accounts, or documents on which action may be brought or defense made, or a copy thereof or a copy of the portions thereof material to the pleadings, must be incorporated in or attached to the pleading. No documents shall be unnecessarily annexed as exhibits. The pleadings must contain no unnecessary recitals of deeds, documents, contracts, or other instruments. (b) Part for All Purposes. Any exhibit attached to a pleading must be considered a part thereof for all purposes. Statements in a pleading may be adopted by reference in a different part of the same pleading, in another pleading, or in any motion.

« Rule 1.140. » Fla. R. Civ. P. 1.140

RULE 1.140. DEFENSES. (a) When Presented. (1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication. A party served with a pleading stating a crossclaim against that party must serve an answer to it within 20 days after service on that party. The plaintiff must serve an answer to a counterclaim within 20 days after service of the counterclaim. If a reply is required, the reply must be served within 20 days after service of the answer. (2)(A) Except when sued pursuant to section 768.28, Florida Statutes, the state of Florida, an agency of the state, or an officer or employee of the state sued in an official capacity must serve an answer to the complaint or crossclaim, or a reply to a counterclaim, within 40 days after service. (B) When sued pursuant to section 768.28, Florida Statutes, the Department of Financial Services or the defendant state agency has 30 days from the date of service within which to serve an answer to the complaint or crossclaim or a reply to a counterclaim. (3) The service of a motion under this rule, except a motion for judgment on the pleadings or a motion to strike under subdivision (f), alters these periods of time so that if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleadings must be served within 10 days after the filing of the court’s order or, if the court grants a motion for a more definite statement, the responsive pleadings must be served within 10 days after service of the more definite statement unless a different time is fixed by the court in either case. (4) If the court permits or requires an amended or responsive pleading or a more definite statement, the pleading or statement must be served within 10 days after the filing of the court’s order unless a different time is fixed by the court. Responses to the pleadings or statements must be served

within 10 days of service of the pleadings or statements. (b) How Presented. Every defense in law or fact to a claim for relief in a pleading must be asserted in the responsive pleading, if one is required, but the following defenses may be made by motion at the option of the pleader: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a cause of action, and (7) failure to join indispensable parties. A motion making any of these defenses must be made before pleading if a further pleading is permitted. The grounds on which any of the enumerated defenses are based and the substantial matters of law intended to be argued must be stated specifically and with particularity in the responsive pleading or motion. Any ground not stated must be deemed to be waived except any ground showing that the court lacks jurisdiction of the subject matter may be made at any time. No defense or objection is waived by being joined with other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert any defense in law or fact to that claim for relief at the trial, except that the objection of failure to state a legal defense in an answer or reply must be asserted by motion to strike the defense within 20 days after service of the answer or reply. (c) Motion for Judgment on the Pleadings. After the pleadings are closed, but within such time as not to delay the trial, any party may move for judgment on the pleadings. (d) Preliminary Hearings. The defenses 1 to 7 in subdivision (b) of this rule, whether made in a pleading or by motion, and the motion for judgment in subdivision (c) of this rule must be heard and determined before trial on application of any party unless the court orders that the hearing and determination must be deferred until the trial. (e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, that party may move for a more definite statement before interposing a responsive pleading. The motion must point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 10 days

after the filing of the order or such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just. (f) Motion to Strike. A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time. (g) Consolidation of Defenses. A party who makes a motion under this rule may join with it the other motions herein provided for and then available to that party. If a party makes a motion under this rule but omits from it any defenses or objections then available to that party that this rule permits to be raised by motion, that party shall not thereafter make a motion based on any of the defenses or objections omitted, except as provided in subdivision (h) (2) of this rule. (h) Waiver of Defenses. (1) A party waives all defenses and objections that the party does not present either by motion under subdivisions (b), (e), or (f) of this rule or, if the party has made no motion, in a responsive pleading except as provided in subdivision (h)(2). (2) The defenses of failure to state a cause of action or a legal defense or to join an indispensable party may be raised by motion for judgment on the pleadings or at the trial on the merits in addition to being raised either in a motion under subdivision (b) or in the answer or reply. The defense of lack of jurisdiction of the subject matter may be raised at any time. COMMITTEE NOTES 1972 Amendment. Subdivision (a) is amended to eliminate the unnecessary statement of the return date when service is made by publication, and to accommodate the change proposed in rule 1.100(a) making a reply mandatory under certain circumstances. Motions to strike under subdivision (f) are divided into 2 categories, so subdivision (a) is also amended to accommodate this change by eliminating motions to strike under the new subdivision (f) as motions that toll the running of time. A motion to strike an insufficient legal defense will now be available under subdivision (b) and continue to toll the time for responsive pleading. Subdivision (b) is amended

to include the defense of failure to state a sufficient legal defense. The proper method of attack for failure to state a legal defense remains a motion to strike. Subdivision (f) is changed to accommodate the 2 types of motions to strike. The motion to strike an insufficient legal defense is now in subdivision (b). The motion to strike under subdivision (f) does not toll the time for responsive pleading and can be made at any time, and the matter can be stricken by the court on its initiative at any time. Subdivision (g) follows the terminology of Federal Rule of Civil Procedure 12(g). Much difficulty has been experienced in the application of this and the succeeding subdivision with the result that the same defenses are being raised several times in an action. The intent of the rule is to permit the defenses to be raised one time, either by motion or by the responsive pleading, and thereafter only by motion for judgment on the pleadings or at the trial. Subdivision (h) also reflects this philosophy. It is based on federal rule 12(h) but more clearly states the purpose of the rule. 1988 Amendment. The amendment to subdivision (a) is to fix a time within which amended pleadings, responsive pleadings, or more definite statements required by the court and responses to those pleadings or statements must be served when no time limit is fixed by the court in its order. The court’s authority to alter these time periods is contained in rule 1.090(b). 2007 Amendment. Subdivision (a) is amended to conform rule 1.140 to the statutory requirements of sections 48.111, 48.121, and 768.28, Florida Statutes. The rule is similar to Federal Rule of Civil Procedure 12(a).

« Rule 1.150. » Fla. R. Civ. P. 1.150

RULE 1.150. SHAM PLEADINGS. (a) Motion to Strike. If a party deems any pleading or part thereof filed by another party to be a sham, that party may move to strike the pleading or part thereof before the cause is set for trial and the court shall hear the motion, taking evidence of the respective parties, and if the motion is sustained, the pleading to which the motion is directed shall be stricken. Default and summary judgment on the merits may be entered in the discretion of the court or the court may permit additional pleadings to be filed for good cause shown. (b) Contents of Motion. The motion to strike shall be verified and shall set forth fully the facts on which the movant relies and may be supported by affidavit. No traverse of the motion shall be required.

« Rule 1.160. » Fla. R. Civ. P. 1.160

RULE 1.160. MOTIONS. All motions and applications in the clerk’s office for the issuance of mesne process and final process to enforce and execute judgments, for entering defaults, and for such other proceedings in the clerk’s office as do not require an order of court shall be deemed motions and applications grantable as of course by the clerk. The clerk’s action may be suspended or altered or rescinded by the court upon cause shown.

« Rule 1.170. » Fla. R. Civ. P. 1.170

RULE 1.170. COUNTERCLAIMS AND CROSSCLAIMS. (a) Compulsory Counterclaims. A pleading must state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, provided it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction. But the pleader need not state a claim if (1) at the time the action was commenced the claim was the subject of another pending action, or (2) the opposing party brought suit on that party’s claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on the claim and the pleader is not stating a counterclaim under this rule. (b) Permissive Counterclaim. A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party’s claim. (c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party. (d) Counterclaim against the State. These rules shall not be construed to enlarge beyond the limits established by law the right to assert counterclaims or to claim credits against the state or any of its subdivisions or other governmental organizations thereof subject to suit or against a municipal corporation or against an officer, agency, or administrative board of the state. (e) Counterclaim Maturing or Acquired after Pleading. A claim which matured or was acquired by the pleader after serving the pleading may be presented as a counterclaim by supplemental pleading with the permission of the court. (f) Omitted Counterclaim or Crossclaim. When a pleader fails to set up a counterclaim or crossclaim through oversight, inadvertence, or excusable neglect, or when justice requires, the pleader may set up the counterclaim or crossclaim by amendment with leave of the court.

(g) Crossclaim against Co-Party. A pleading may state as a crossclaim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter of either the original action or a counterclaim therein, or relating to any property that is the subject matter of the original action. The crossclaim may include a claim that the party against whom it is asserted is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant. Service of a crossclaim on a party who has appeared in the action must be made under Florida Rule of General Practice and Judicial Administration 2.516. Service of a crossclaim against a party who has not appeared in the action must be made in the manner provided for service of summons. (h) Additional Parties May Be Brought In. When the presence of parties other than those to the original action is required to grant complete relief in the determination of a counterclaim or crossclaim, they must be named in the counterclaim or crossclaim and be served with process and must be parties to the action thereafter if jurisdiction of them can be obtained and their joinder will not deprive the court of jurisdiction of the action. Rules 1.250(b) and (c) apply to parties brought in under this subdivision. (i) Separate Trials; Separate Judgment. If the court orders separate trials as provided in rule 1.270(b), judgment on a counterclaim or crossclaim may be rendered when the court has jurisdiction to do so even if a claim of the opposing party has been dismissed or otherwise disposed of. (j) Demand Exceeding Jurisdiction; Transfer of Action. If the demand of any counterclaim or crossclaim exceeds the jurisdiction of the court in which the action is pending, the action must be transferred immediately to the court of the same county having jurisdiction of the demand in the counterclaim or crossclaim with only such alterations in the pleadings as are essential. The court must order the transfer of the action and the transmittal of all documents in it to the proper court if the party asserting the demand exceeding the jurisdiction deposits with the court having jurisdiction a sum sufficient to pay the clerk’s service charge in the court to which the action is transferred at the time of filing the counterclaim or crossclaim. Thereupon the original documents and deposit must be transmitted and filed with a certified copy of the order. The court to which the action is transferred shall have full power and jurisdiction over the demands of all parties. Failure to make the service charge deposit at the time the counterclaim or crossclaim is filed, or

within such further time as the court may allow, will reduce a claim for damages to an amount within the jurisdiction of the court where the action is pending and waive the claim in other cases. COMMITTEE NOTES 1972 Amendment. Subdivision (h) is amended to conform with the philosophy of the 1968 amendment to rule 1.250(c). No justification exists to require more restrictive joinder provisions for counterclaims and crossclaims than is required for the initial pleading. The only safeguard required is that joinder does not deprive the court of jurisdiction. Subdivision (j) is amended to require deposit of the service charge for transfer when a counterclaim or crossclaim exceeding the jurisdiction of the court in which the action is pending is filed. This cures a practical problem when the defendant files a counterclaim or crossclaim exceeding the jurisdiction but neglects to pay the service charge to the court to which the action is transferred. The matter then remains in limbo and causes procedural difficulties in progressing the action. 1988 Amendment. The last 2 sentences were added to subdivision (g) to counter the construction of these rules and section 48.031(1), Florida Statutes, by an appellate court in Fundaro v. Canadiana Corp., 409 So. 2d 1099 (Fla. 4th DCA 1982), to require service of all crossclaims with summons pursuant to rule 1.070. The purpose of this amendment is to make it clear that crossclaims must be served as initial pleadings only against a party who has not previously entered an appearance in the action. 2012 Amendment. Subdivision (g) is amended to reflect the relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin. 2.516.

« Rule 1.180. » Fla. R. Civ. P. 1.180

RULE 1.180. THIRD-PARTY PRACTICE. (a) When Available. At any time after commencement of the action a defendant may have a summons and complaint served on a person not a party to the action who is or may be liable to the defendant for all or part of the plaintiff’s claim against the defendant, and may also assert any other claim that arises out of the transaction or occurrence that is the subject matter of the plaintiff’s claim. The defendant need not obtain leave of court if the defendant files the third-party complaint not later than 20 days after the defendant serves the original answer. Otherwise, the defendant must obtain leave on motion and notice to all parties to the action. The person served with the summons and third-party complaint, herein called the third-party defendant, shall make defenses to the defendant’s claim as provided in rules 1.110 and 1.140 and counterclaims against the defendant and crossclaims against other third-party defendants as provided in rule 1.170. The third-party defendant may assert against the plaintiff any defenses that the defendant has to the plaintiff’s claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the defendant. The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the defendant, and the third-party defendant thereupon shall assert a defense as provided in rules 1.110 and 1.140 and counterclaims and crossclaims as provided in rule 1.170. Any party may move to strike the third-party claim or for its severance or separate trial. A third party defendant may proceed under this rule against any person not a party to the action who is or may be liable to the third-party defendant for all or part of the claim made in the action against the third-party defendant. (b) When Plaintiff May Bring in Third Party. When a counterclaim is asserted against the plaintiff, the plaintiff may bring in a third party under circumstances which would entitle a defendant to do so under this rule. COURT COMMENTARY 1984 Amendment. Subdivision (a) is amended to permit the defendant to

have the same right to assert claims arising out of the transaction or occurrence that all of the other parties to the action have. It overrules the decisions in Miramar Construction, Inc. v. El Conquistador Condominium, 303 So. 2d 81 (Fla. 3d DCA 1974), and Richard’s Paint Mfg. Co. v. Onyx Paints, Inc., 363 So. 2d 596 (Fla. 4th DCA 1978), to that extent. The term defendant is used throughout instead of third-party plaintiff for clarity and brevity reasons and refers to the defendant serving the summons and thirdparty complaint on a third-party defendant or, when applicable, to the similar summons and fourth party.

« Rule 1.190. » Fla. R. Civ. P. 1.190

RULE 1.190. AMENDED AND SUPPLEMENTAL PLEADINGS. (a) Amendments. A party may amend a pleading once as a matter of course at any time before responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed on the trial calendar, may so amend it at any time within 20 days after it is served. Otherwise a party may amend a pleading only by leave of court or by written consent of the adverse party. If a party files a motion to amend a pleading, the party shall attach the proposed amended pleading to the motion. Leave of court shall be given freely when justice so requires. A party shall plead in response to an amended pleading within 10 days after service of the amended pleading unless the court otherwise orders. (b) Amendments to Conform with the Evidence. When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment, but failure so to amend shall not affect the result of the trial of these issues. If the evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended to conform with the evidence and shall do so freely when the merits of the cause are more effectually presented thereby and the objecting party fails to satisfy the court that the admission of such evidence will prejudice the objecting party in maintaining an action or defense upon the merits. (c) Relation Back of Amendments. When the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment shall relate back to the date of the original pleading. (d) Supplemental Pleadings. Upon motion of a party the court may permit that party, upon reasonable notice and upon such terms as are just, to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be

supplemented. If the court deems it advisable that the adverse party plead thereto, it shall so order, specifying the time therefor. (e) Amendments Generally. At any time in furtherance of justice, upon such terms as may be just, the court may permit any process, proceeding, pleading, or record to be amended or material supplemental matter to be set forth in an amended or supplemental pleading. At every stage of the action the court must disregard any error or defect in the proceedings which does not affect the substantial rights of the parties. (f) Claims for Punitive Damages. A motion for leave to amend a pleading to assert a claim for punitive damages shall make a reasonable showing, by evidence in the record or evidence to be proffered by the claimant, that provides a reasonable basis for recovery of such damages. The motion to amend can be filed separately and before the supporting evidence or proffer, but each shall be served on all parties at least 20 days before the hearing. COMMITTEE NOTES 1980 Amendment. The last clause of subdivision (a) is deleted to restore the decision in Scarfone v. Denby, 156 So. 2d 694 (Fla. 2d DCA 1963). The adoption of rule 1.500 requiring notice of an application for default after filing or serving of any paper eliminates the need for the clause. This will permit reinstatement of the procedure in federal practice and earlier Florida practice requiring a response to each amended pleading, thus simplifying the court file under the doctrine of Dee v. Southern Brewing Co., 146 Fla. 588, 1 So. 2d 562 (1941). 2003 Amendment. Subdivision (a) is amended in accordance with Totura & Co., Inc. v. Williams, 754 So. 2d 671 (Fla. 2000). See the amendment to rule 1.070(j). Subdivision (f) is added to state the requirements for a party moving for leave of court to amend a pleading to assert a claim for punitive damages. See Beverly Health & Rehabilitation Services, Inc. v. Meeks, 778 So. 2d 322 (Fla. 2d DCA 2000).

« Rule 1.200. » Fla. R. Civ. P. 1.200

RULE 1.200. PRETRIAL PROCEDURE. (a) Case Management Conference. At any time after responsive pleadings or motions are due, the court may order, or a party, by serving a notice may convene, a case management conference. The matter to be considered must be specified in the order or notice setting the conference. At such a conference the court may: (1) schedule or reschedule the service of motions, pleadings, and other documents; (2) set or reset the time of trials, subject to rule 1.440(c); (3) coordinate the progress of the action if the complex litigation factors contained in rule 1.201(a)(2)(A)—(a)(2)(H) are present; (4) limit, schedule, order, or expedite discovery; (5) consider the possibility of obtaining admissions of fact and voluntary exchange of documents and electronically stored information, and stipulations regarding authenticity of documents and electronically stored information; (6) consider the need for advance rulings from the court on the admissibility of documents and electronically stored information; (7) discuss as to electronically stored information, the possibility of agreements from the parties regarding the extent to which such evidence should be preserved, the form in which such evidence should be produced, and whether discovery of such information should be conducted in phases or limited to particular individuals, time periods, or sources; (8) schedule disclosure of expert witnesses and the discovery of facts known and opinions held by such experts; (9) schedule or hear motions in limine; (10) pursue the possibilities of settlement; (11) require filing of preliminary stipulations if issues can be narrowed; (12) consider referring issues to a magistrate for findings of fact; and

(13) schedule other conferences or determine other matters that may aid in the disposition of the action. (b) Pretrial Conference. After the action is at issue the court itself may or shall on the timely motion of any party require the parties to appear for a conference to consider and determine: (1) the simplification of the issues; (2) the necessity or desirability of amendments to the pleadings; (3) the possibility of obtaining admissions of fact and of documents that will avoid unnecessary proof; (4) the limitation of the number of expert witnesses; (5) the potential use of juror notebooks; and (6) any matters permitted under subdivision (a) of this rule. (c) Notice. Reasonable notice must be given for a case management conference, and 20 days’ notice must be given for a pretrial conference. On failure of a party to attend a conference, the court may dismiss the action, strike the pleadings, limit proof or witnesses, or take any other appropriate action. Any documents that the court requires for any conference must be specified in the order. Orders setting pretrial conferences must be uniform throughout the territorial jurisdiction of the court. (d) Pretrial Order. The court must make an order reciting the action taken at a conference and any stipulations made. The order controls the subsequent course of the action unless modified to prevent injustice. COMMITTEE NOTES 1971 Amendment. The 3 paragraphs of the rule are lettered and given subtitles. The present last paragraph is placed second as subdivision (b) because the proceeding required under it is taken before that in the present second paragraph. The time for implementation is changed from settling the issues because the language is erroneous, the purpose of the conference being to settle some and prepare for the trial of other issues. The last 2 sentences of subdivision (b) are added to require uniformity by all judges of the court and to require specification of the documentary requirements for the conference.

The last sentence of subdivision (c) is deleted since it is covered by the local rule provisions of rule 1.020(d). The reference to the parties in substitution for attorneys and counsel is one of style because the rules generally impose obligations on the parties except when the attorneys are specifically intended. It should be understood that those parties represented by attorneys will have the attorneys perform for them in the usual manner. 1972 Amendment. Subdivision (a) is amended to require the motion for a pretrial by a party to be timely. This is done to avoid motions for pretrial conferences made a short time before trial and requests for a continuance of the trial as a result of the pretrial conference order. The subdivision is also amended to require the clerk to send to the judge a copy of the motion by a party for the pretrial conference. 1988 Amendment. The purpose of adding subdivision (a)(5) is to spell out clearly for the bench and bar that case management conferences may be used for scheduling the disclosure of expert witnesses and the discovery of the opinion and factual information held by those experts. Subdivision (5) is not intended to expand discovery. 1992 Amendment. Subdivision (a) is amended to allow a party to set a case management conference in the same manner as a party may set a hearing on a motion. Subdivision (c) is amended to remove the mandatory language and make the notice requirement for a case management conference the same as that for a hearing on a motion; i.e., reasonable notice. 2012 Amendment. Subdivisions (a)(5) to (a)(7) are added to address issues involving electronically stored information. COURT COMMENTARY 1984 Amendment. This is a substantial rewording of rule 1.200. Subdivision (a) is added to authorize case management conferences in an effort to give the court more control over the progress of the action. All of the matters that the court can do under the case management conference can be done at the present time under other rules or because of the court’s authority otherwise. The new subdivision merely emphasizes the court’s authority and arranges an orderly method for the exercise of that authority. Subdivisions (a), (b), and (c) of the existing rule are relettered accordingly. Subdivision (a) of the existing rule is also amended to delete the reference to requiring the

attorneys to appear at a pretrial conference by referring to the parties for that purpose. This is consistent with the language used throughout the rules and does not contemplate a change in present procedure. Subdivisions (a)(5) and (a)(6) of the existing rule are deleted since they are now covered adequately under the new subdivision (a). Subdivisions (b) and (c) of the existing rule are amended to accommodate the 2 types of conferences that are now authorized by the rules.

« Rule 1.201. » Fla. R. Civ. P. 1.201

RULE 1.201. COMPLEX LITIGATION. (a) Complex Litigation Defined. At any time after all defendants have been served, and an appearance has been entered in response to the complaint by each party or a default entered, any party, or the court on its own motion, may move to declare an action complex. However, any party may move to designate an action complex before all defendants have been served subject to a showing to the court why service has not been made on all defendants. The court shall convene a hearing to determine whether the action requires the use of complex litigation procedures and enter an order within 10 days of the conclusion of the hearing. (1) A “complex action” is one that is likely to involve complicated legal or case management issues and that may require extensive judicial management to expedite the action, keep costs reasonable, or promote judicial efficiency. (2) In deciding whether an action is complex, the court must consider whether the action is likely to involve: (A) numerous pretrial motions raising difficult or novel legal issues or legal issues that are inextricably intertwined that will be time-consuming to resolve; (B) management of a large number of separately represented parties; (C) coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court; (D) pretrial management of a large number of witnesses or a substantial amount of documentary evidence; (E) substantial time required to complete the trial; (F) management at trial of a large number of experts, witnesses, attorneys, or exhibits; (G) substantial post-judgment judicial supervision; and (H) any other analytical factors identified by the court or a party that

tend to complicate comparable actions and which are likely to arise in the context of the instant action. (3) If all of the parties, pro se or through counsel, sign and file with the clerk of the court a written stipulation to the fact that an action is complex and identifying the factors in (2)(A) through (2)(H) above that apply, the court shall enter an order designating the action as complex without a hearing. (b) Initial Case Management Report and Conference. The court shall hold an initial case management conference within 60 days from the date of the order declaring the action complex. (1) At least 20 days prior to the date of the initial case management conference, attorneys for the parties as well as any parties appearing pro se shall confer and prepare a joint statement, which shall be filed with the clerk of the court no later than 14 days before the conference, outlining a discovery plan and stating: (A) a brief factual statement of the action, which includes the claims and defenses; (B) a brief statement on the theory of damages by any party seeking affirmative relief; (C) the likelihood of settlement; (D) the likelihood of appearance in the action of additional parties and identification of any non-parties to whom any of the parties will seek to allocate fault; (E) the proposed limits on the time: (i) to join other parties and to amend the pleadings, (ii) to file and hear motions, (iii) to identify any non-parties whose identity is known, or otherwise describe as specifically as practicable any non-parties whose identity is not known, (iv) to disclose expert witnesses, and (v) to complete discovery; (F) the names of the attorneys responsible for handling the action; (G) the necessity for a protective order to facilitate discovery; (H) proposals for the formulation and simplification of issues, including the elimination of frivolous claims or defenses, and the

number and timing of motions for summary judgment or partial summary judgment; (I) the possibility of obtaining admissions of fact and voluntary exchange of documents and electronically stored information, stipulations regarding authenticity of documents, electronically stored information, and the need for advance rulings from the court on admissibility of evidence; (J) the possibility of obtaining agreements among the parties regarding the extent to which such electronically stored information should be preserved, the form in which such information should be produced, and whether discovery of such information should be conducted in phases or limited to particular individuals, time periods, or sources; (K) suggestions on the advisability and timing of referring matters to a magistrate, master, other neutral, or mediation; (L) a preliminary estimate of the time required for trial; (M) requested date or dates for conferences before trial, a final pretrial conference, and trial; (N) a description of pertinent documents and a list of fact witnesses the parties believe to be relevant; (O) number of experts and fields of expertise; and (P) any other information that might be helpful to the court in setting further conferences and the trial date. (2) Lead trial counsel and a client representative shall attend the initial case management conference. (3) Notwithstanding rule 1.440, at the initial case management conference, the court will set the trial date or dates no sooner than 6 months and no later than 24 months from the date of the conference unless good cause is shown for an earlier or later setting. The trial date or dates shall be on a docket having sufficient time within which to try the action and, when feasible, for a date or dates certain. The trial date shall be set after consultation with counsel and in the presence of all clients or authorized client representatives. The court shall, no later than 2 months

prior to the date scheduled for jury selection, arrange for a sufficient number of available jurors. Continuance of the trial of a complex action should rarely be granted and then only upon good cause shown. (c) The Case Management Order. The case management order shall address each matter set forth under rule 1.200(a) and set the action for a pretrial conference and trial. The case management order also shall specify the following: (1) Dates by which all parties shall name their expert witnesses and provide the expert information required by rule 1.280(b)(5). If a party has named an expert witness in a field in which any other parties have not identified experts, the other parties may name experts in that field within 30 days thereafter. No additional experts may be named unless good cause is shown. (2) Not more than 10 days after the date set for naming experts, the parties shall meet and schedule dates for deposition of experts and all other witnesses not yet deposed. At the time of the meeting each party is responsible for having secured three confirmed dates for its expert witnesses. In the event the parties cannot agree on a discovery deposition schedule, the court, upon motion, shall set the schedule. Any party may file the completed discovery deposition schedule agreed upon or entered by the court. Once filed, the deposition dates in the schedule shall not be altered without consent of all parties or upon order of the court. Failure to comply with the discovery schedule may result in sanctions in accordance with rule 1.380. (3) Dates by which all parties are to complete all other discovery. (4) The court shall schedule periodic case management conferences and hearings on lengthy motions at reasonable intervals based on the particular needs of the action. The attorneys for the parties as well as any parties appearing pro se shall confer no later than 15 days prior to each case management conference or hearing. They shall notify the court at least 10 days prior to any case management conference or hearing if the parties stipulate that a case management conference or hearing time is unnecessary. Failure to timely notify the court that a case management conference or hearing time is unnecessary may result in sanctions.

(5) The case management order may include a briefing schedule setting forth a time period within which to file briefs or memoranda, responses, and reply briefs or memoranda, prior to the court considering such matters. (6) A deadline for conducting alternative dispute resolution. (d) Final Case Management Conference. The court shall schedule a final case management conference not less than 90 days prior to the date the case is set for trial. At least 10 days prior to the final case management conference the parties shall confer to prepare a case status report, which shall be filed with the clerk of the court either prior to or at the time of the final case management conference. The status report shall contain in separately numbered paragraphs: (1) A list of all pending motions requiring action by the court and the date those motions are set for hearing. (2) Any change regarding the estimated trial time. (3) The names of the attorneys who will try the case. (4) A list of the names and addresses of all nonexpert witnesses (including impeachment and rebuttal witnesses) intended to be called at trial. However, impeachment or rebuttal witnesses not identified in the case status report may be allowed to testify if the need for their testimony could not have been reasonably foreseen at the time the case status report was prepared. (5) A list of all exhibits intended to be offered at trial. (6) Certification that copies of witness and exhibit lists will be filed with the clerk of the court at least 48 hours prior to the date and time of the final case management conference. (7) A deadline for the filing of amended lists of witnesses and exhibits, which amendments shall be allowed only upon motion and for good cause shown. (8) Any other matters which could impact the timely and effective trial of the action. COMMITTEE NOTES

2012 Amendment. Subdivision (b)(1)(J) is added to address issues involving electronically stored information.

« Rule 1.210. » Fla. R. Civ. P. 1.210

RULE 1.210. PARTIES. (a) Parties Generally. Every action may be prosecuted in the name of the real party in interest, but a personal representative, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party expressly authorized by statute may sue in that person’s own name without joining the party for whose benefit the action is brought. All persons having an interest in the subject of the action and in obtaining the relief demanded may join as plaintiffs and any person may be made a defendant who has or claims an interest adverse to the plaintiff. Any person may at any time be made a party if that person’s presence is necessary or proper to a complete determination of the cause. Persons having a united interest may be joined on the same side as plaintiffs or defendants, and anyone who refuses to join may for such reason be made a defendant. (b) Minors or Incompetent Persons. When a minor or incompetent person has a representative, such as a guardian or other like fiduciary, the representative may sue or defend on behalf of the minor or incompetent person. A minor or incompetent person who does not have a duly appointed representative may sue by next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for a minor or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the minor or incompetent person. COMMITTEE NOTES 1980 Amendment. Subdivisions (c) and (d) are deleted. Both are obsolete. They were continued in effect earlier because the committee was uncertain about the need for them at the time. Subdivision (c) has been supplanted by section 737.402(2)(z), Florida Statutes (1979), that gives trustees the power to prosecute and defend actions, regardless of the conditions specified in the subdivision. The adoption of section 733.212, Florida Statutes (1979), eliminates the need for subdivision (d) because it provides an easier and less expensive method of eliminating the interests of an heir at law who is not a beneficiary under the will. To the extent that an heir at law is an

indispensable party to a proceeding concerning a testamentary trust, due process requires notice and an opportunity to defend, so the rule would be unconstitutionally applied. 2003 Amendment. In subdivision (a), “an executor” is changed to “a personal representative” to conform to statutory language. See § 731.201(25), Fla. Stat. (2002).

« Rule 1.220. » Fla. R. Civ. P. 1.220

RULE 1.220. CLASS ACTIONS. (a) Prerequisites to Class Representation. Before any claim or defense may be maintained on behalf of a class by one party or more suing or being sued as the representative of all the members of a class, the court shall first conclude that (1) the members of the class are so numerous that separate joinder of each member is impracticable, (2) the claim or defense of the representative party raises questions of law or fact common to the questions of law or fact raised by the claim or defense of each member of the class, (3) the claim or defense of the representative party is typical of the claim or defense of each member of the class, and (4) the representative party can fairly and adequately protect and represent the interests of each member of the class. (b) Claims and Defenses Maintainable. A claim or defense may be maintained on behalf of a class if the court concludes that the prerequisites of subdivision (a) are satisfied, and that: (1) the prosecution of separate claims or defenses by or against individual members of the class would create a risk of either: (A) inconsistent or varying adjudications concerning individual members of the class which would establish incompatible standards of conduct for the party opposing the class; or (B) adjudications concerning individual members of the class which would, as a practical matter, be dispositive of the interests of other members of the class who are not parties to the adjudications, or substantially impair or impede the ability of other members of the class who are not parties to the adjudications to protect their interests; or (2) the party opposing the class has acted or refused to act on grounds generally applicable to all the members of the class, thereby making final injunctive relief or declaratory relief concerning the class as a whole appropriate; or (3) the claim or defense is not maintainable under either subdivision (b) (1) or (b)(2), but the questions of law or fact common to the claim or

defense of the representative party and the claim or defense of each member of the class predominate over any question of law or fact affecting only individual members of the class, and class representation is superior to other available methods for the fair and efficient adjudication of the controversy. The conclusions shall be derived from consideration of all relevant facts and circumstances, including (A) the respective interests of each member of the class in individually controlling the prosecution of separate claims or defenses, (B) the nature and extent of any pending litigation to which any member of the class is a party and in which any question of law or fact controverted in the subject action is to be adjudicated, (C) the desirability or undesirability of concentrating the litigation in the forum where the subject action is instituted, and (D) the difficulties likely to be encountered in the management of the claim or defense on behalf of a class. (c) Pleading Requirements. Any pleading, counterclaim, or crossclaim alleging the existence of a class shall contain the following: (1) Next to its caption the designation: “Class Representation.” (2) Under a separate heading, designated as “Class Representation Allegations,” specific recitation of: (A) the particular provision of subdivision (b) under which it is claimed that the claim or defense is maintainable on behalf of a class; (B) the questions of law or fact that are common to the claim or defense of the representative party and the claim or defense of each member of the class; (C) the particular facts and circumstances that show the claim or defense advanced by the representative party is typical of the claim or defense of each member of the class; (D) (i) the approximate number of class members, (ii) a definition of the alleged class, and (iii) the particular facts and circumstances that show the representative party will fairly and adequately protect and represent the interests of each member of the class; and (E) the particular facts and circumstances that support the conclusions required of the court in determining that the action may be maintained as a class action pursuant to the particular provision of subdivision (b)

under which it is claimed that the claim or defense is maintainable on behalf of a class. (d) Determination of Class Representation; Notice; Judgment: Claim or Defense Maintained Partly on Behalf of a Class. (1) As soon as practicable after service of any pleading alleging the existence of a class under this rule and before service of an order for pretrial conference or a notice for trial, after hearing the court shall enter an order determining whether the claim or defense is maintainable on behalf of a class on the application of any party or on the court’s initiative. Irrespective of whether the court determines that the claim or defense is maintainable on behalf of a class, the order shall separately state the findings of fact and conclusions of law upon which the determination is based. In making the determination the court (A) may allow the claim or defense to be so maintained, and, if so, shall state under which subsection of subdivision (b) the claim or defense is to be maintained, (B) may disallow the class representation and strike the class representation allegations, or (C) may order postponement of the determination pending the completion of discovery concerning whether the claim or defense is maintainable on behalf of a class. If the court rules that the claim or defense shall be maintained on behalf of a class under subdivision (b)(3), the order shall also provide for the notice required by subdivision (d)(2). If the court rules that the claim or defense shall be maintained on behalf of a class under subdivision (b)(1) or subdivision (b)(2), the order shall also provide for the notice required by subdivision (d)(2), except when a showing is made that the notice is not required, the court may provide for another kind of notice to the class as is appropriate. When the court orders postponement of its determination, the court shall also establish a date, if possible, for further consideration and final disposition of the motion. An order under this subsection may be conditional and may be altered or amended before entry of a judgment on the merits of the action. (2) As soon as is practicable after the court determines that a claim or defense is maintainable on behalf of a class, notice of the pendency of the claim or defense shall be given by the party asserting the existence of the class to all the members of the class. The notice shall be given to each member of the class who can be identified and located through reasonable effort and shall be given to the other members of the class in the manner

determined by the court to be most practicable under the circumstances. Unless otherwise ordered by the court, the party asserting the existence of the class shall initially pay for the cost of giving notice. The notice shall inform each member of the class that (A) any member of the class who files a statement with the court by the date specified in the notice asking to be excluded shall be excluded from the class, (B) the judgment, whether favorable or not, will include all members who do not request exclusion, and (C) any member who does not request exclusion may make a separate appearance within the time specified in the notice. (3) The judgment determining a claim or defense maintained on behalf of a class under subdivision (b)(1) or (b)(2), whether or not favorable to the class, shall include and describe those persons whom the court finds to be members of the class. The judgment determining a claim or defense maintained on behalf of a class under subdivision (b)(3), whether or not favorable to the class, shall include and identify those to whom the notice provided in subdivision (d)(2) was directed, who have not requested exclusion and whom the court finds to be members of the class. (4) When appropriate, (A) a claim or defense may be brought or maintained on behalf of a class concerning particular issues, or (B) class representation may be divided into subclasses, and each subclass may be treated as a separate and distinct class and the provisions of this rule shall be applied accordingly. (e) Dismissal or Compromise. After a claim or defense is determined to be maintainable on behalf of a class under subdivision (d), the claim or defense shall not be voluntarily withdrawn, dismissed, or compromised without approval of the court after notice and hearing. Notice of any proposed voluntary withdrawal, dismissal, or compromise shall be given to all members of the class as the court directs. COMMITTEE NOTES 1980 Amendment. The class action rule has been completely revised to bring it in line with modern practice. The rule is based on Federal Rule of Civil Procedure 23, but a number of changes have been made to eliminate problems in the federal rule through court decisions. Generally, the rule provides for the prerequisites to class representation, an early determination

about whether the claim or defense is maintainable on behalf of a class, notice to all members of the class, provisions for the members of the class to exclude themselves, the form of judgment, and the procedure governing dismissal or compromise of a claim or defense maintained on behalf of a class. The prerequisites of subdivision (a) are changed from those in federal rule 23 only to the extent necessary to incorporate the criteria enunciated in Port Royal v. Conboy, 154 So. 2d 734 (Fla. 2d DCA 1963). The notice requirements have been made more explicit and stringent than those in the federal rule.

« Rule 1.221. » Fla. R. Civ. P. 1.221

RULE 1.221. HOMEOWNERS’ CONDOMINIUM ASSOCIATIONS.

ASSOCIATIONS

AND

A homeowners’ or condominium association, after control of such association is obtained by homeowners or unit owners other than the developer, may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all association members concerning matters of common interest to the members, including, but not limited to: (1) the common property, area, or elements; (2) the roof or structural components of a building, or other improvements (in the case of homeowners’ associations, being specifically limited to those improvements for which the association is responsible); (3) mechanical, electrical, or plumbing elements serving a property or an improvement or building (in the case of homeowners’ associations, being specifically limited to those improvements for which the association is responsible); (4) representations of the developer pertaining to any existing or proposed commonly used facility; (5) protests of ad valorem taxes on commonly used facilities; and, in the case of homeowners’ associations, (6) defense of actions in eminent domain or prosecution of inverse condemnation actions. If an association has the authority to maintain a class action under this rule, the association may be joined in an action as representative of that class with reference to litigation and disputes involving the matters for which the association could bring a class action under this rule. Nothing herein limits any statutory or common law right of any individual homeowner or unit owner, or class of such owners, to bring any action that may otherwise be available. An action under this rule shall not be subject to the requirements of rule 1.220. COMMITTEE NOTES 1980 Adoption. The present rule relating to condominium associations [1.220(b)] is left intact but renumbered as rule 1.221. 2007 Amendment. Consistent with amendments to section 720.303(1), Florida Statutes, homeowners’ associations have been added to the rule.

« Rule 1.222. » Fla. R. Civ. P. 1.222

RULE 1.222. MOBILE HOMEOWNERS’ ASSOCIATIONS. A mobile homeowners’ association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all homeowners concerning matters of common interest, including, but not limited to: the common property; structural components of a building or other improvements; mechanical, electrical, and plumbing elements serving the park property; and protests of ad valorem taxes on commonly used facilities. If the association has the authority to maintain a class action under this rule, the association may be joined in an action as representative of that class with reference to litigation and disputes involving the matters for which the association could bring a class action under this rule. Nothing herein limits any statutory or common law right of any individual homeowner or class of homeowners to bring any action which may otherwise be available. An action under this rule shall not be subject to the requirements of rule 1.220.

« Rule 1.230. » Fla. R. Civ. P. 1.230

RULE 1.230. INTERVENTIONS. Anyone claiming an interest in pending litigation may at any time be permitted to assert a right by intervention, but the intervention shall be in subordination to, and in recognition of, the propriety of the main proceeding, unless otherwise ordered by the court in its discretion.

« Rule 1.240. » Fla. R. Civ. P. 1.240

RULE 1.240. INTERPLEADER. Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claim of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that the plaintiff is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of crossclaim or counterclaim. The provisions of this rule supplement and do not in any way limit the joinder of parties otherwise permitted.

« Rule 1.250. » Fla. R. Civ. P. 1.250

RULE 1.250. MISJOINDER AND NONJOINDER OF PARTIES. (a) Misjoinder. Misjoinder of parties is not a ground for dismissal of an action. Any claim against a party may be severed and proceeded with separately. (b) Dropping Parties. Parties may be dropped by an adverse party in the manner provided for voluntary dismissal in rule 1.420(a)(1) subject to the exception stated in that rule. If notice of lis pendens has been filed in the action against a party so dropped, the notice of dismissal shall be recorded and cancels the notice of lis pendens without the necessity of a court order. Parties may be dropped by order of court on its own initiative or the motion of any party at any stage of the action on such terms as are just. (c) Adding Parties. Parties may be added once as a matter of course within the same time that pleadings can be so amended under rule 1.190(a). If amendment by leave of court or stipulation of the parties is permitted, parties may be added in the amended pleading without further order of court. Parties may be added by order of court on its own initiative or on motion of any party at any stage of the action and on such terms as are just. COMMITTEE NOTES 1972 Amendment. Subdivision (c) is amended to permit the addition of parties when the pleadings are amended by stipulation. This conforms the subdivision to all of the permissive types of amendment under rule 1.190(a). It was an inadvertent omission by the committee when the rule in its present form was adopted in 1968 as can be seen by reference to the 1968 committee note.

« Rule 1.260. » Fla. R. Civ. P. 1.260

RULE 1.260. SURVIVOR; SUBSTITUTION OF PARTIES. (a) Death. (1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party and, together with the notice of hearing, shall be filed and served on all parties as provided in Florida Rule of General Practice and Judicial Administration 2.516 and upon persons not parties in the manner provided for the service of a summons. Unless the motion for substitution is made within 90 days after a statement noting the death is filed and served on all parties as provided in Rule of General Practice and Judicial Administration 2.516, the action shall be dismissed as to the deceased party. (2) In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action shall not abate. A statement noting the death shall be filed and served on all parties as provided in Rule of General Practice and Judicial Administration 2.516 and the action shall proceed in favor of or against the surviving parties. (b) Incompetency. If a party becomes incompetent, the court, upon motion filed and served as provided in subdivision (a) of this rule, may allow the action to be continued by or against that person’s representative. (c) Transfer of Interest. In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in subdivision (a) of this rule. (d) Public Officers; Death or Separation from Office. (1) When a public officer is a party to an action in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office,

the action does not abate and the officer’s successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution. (2) When a public officer sues or is sued in an official capacity, the officer may be described as a party by the official title rather than by name but the court may require the officer’s name to be added.

« Rule 1.270. » Fla. R. Civ. P. 1.270

RULE 1.270. CONSOLIDATION; SEPARATE TRIALS. (a) Consolidation. When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (b) Separate Trials. The court in furtherance of convenience or to avoid prejudice may order a separate trial of any claim, crossclaim, counterclaim, or third-party claim or of any separate issue or of any number of claims, crossclaims, counterclaims, third-party claims, or issues.

« Rule 1.280. » Fla. R. Civ. P. 1.280

RULE 1.280. GENERAL PROVISIONS GOVERNING DISCOVERY. (a) Discovery Methods. Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property for inspection and other purposes; physical and mental examinations; and requests for admission. Unless the court orders otherwise and under subdivision (c) of this rule, the frequency of use of these methods is not limited, except as provided in rules 1.200, 1.340, and 1.370. (b) Scope of Discovery. Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows: (1) In General. Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. (2) Indemnity Agreements. A party may obtain discovery of the existence and contents of any agreement under which any person may be liable to satisfy part or all of a judgment that may be entered in the action or to indemnify or to reimburse a party for payments made to satisfy the judgment. Information concerning the agreement is not admissible in evidence at trial by reason of disclosure. (3) Electronically Stored Information. A party may obtain discovery of electronically stored information in accordance with these rules. (4) Trial Preparation: Materials. Subject to the provisions of subdivision (b)(5) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (b)(1) of this

rule and prepared in anticipation of litigation or for trial by or for another party or by or for that party’s representative, including that party’s attorney, consultant, surety, indemnitor, insurer, or agent, only upon a showing that the party seeking discovery has need of the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering discovery of the materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation. Without the required showing a party may obtain a copy of a statement concerning the action or its subject matter previously made by that party. Upon request without the required showing a person not a party may obtain a copy of a statement concerning the action or its subject matter previously made by that person. If the request is refused, the person may move for an order to obtain a copy. The provisions of rule 1.380(a)(4) apply to the award of expenses incurred as a result of making the motion. For purposes of this paragraph, a statement previously made is a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical, or other recording or transcription of it that is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. (5) Trial Preparation: Experts. Discovery of facts known and opinions held by experts, otherwise discoverable under the provisions of subdivision (b)(1) of this rule and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows: (A)(i) By interrogatories a party may require any other party to identify each person whom the other party expects to call as an expert witness at trial and to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (ii) Any person disclosed by interrogatories or otherwise as a person expected to be called as an expert witness at trial may be deposed in accordance with rule 1.390 without motion or order of court.

(iii) A party may obtain the following discovery regarding any person disclosed by interrogatories or otherwise as a person expected to be called as an expert witness at trial: 1. The scope of employment in the pending case and the compensation for such service. 2. The expert’s general litigation experience, including the percentage of work performed for plaintiffs and defendants. 3. The identity of other cases, within a reasonable time period, in which the expert has testified by deposition or at trial. 4. An approximation of the portion of the expert’s involvement as an expert witness, which may be based on the number of hours, percentage of hours, or percentage of earned income derived from serving as an expert witness; however, the expert shall not be required to disclose his or her earnings as an expert witness or income derived from other services. An expert may be required to produce financial and business records only under the most unusual or compelling circumstances and may not be compelled to compile or produce nonexistent documents. Upon motion, the court may order further discovery by other means, subject to such restrictions as to scope and other provisions pursuant to subdivision (b)(5)(C) of this rule concerning fees and expenses as the court may deem appropriate. (B) A party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only as provided in rule 1.360(b) or upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means. (C) Unless manifest injustice would result, the court shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery under subdivisions (b)(5)(A) and (b)(5) (B) of this rule; and concerning discovery from an expert obtained under subdivision (b)(5)(A) of this rule the court may require, and concerning discovery obtained under subdivision (b)(5)(B) of this rule shall require, the party seeking discovery to pay the other party a fair part of the fees

and expenses reasonably incurred by the latter party in obtaining facts and opinions from the expert. (D) As used in these rules an expert shall be an expert witness as defined in rule 1.390(a). (6) Claims of Privilege or Protection of Trial Preparation Materials. When a party withholds information otherwise discoverable under these rules by claiming that it is privileged or subject to protection as trial preparation material, the party shall make the claim expressly and shall describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection. (c) Protective Orders. Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending may make any order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense that justice requires, including one or more of the following: (1) that the discovery not be had; (2) that the discovery may be had only on specified terms and conditions, including a designation of the time or place; (3) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery; (4) that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters; (5) that discovery be conducted with no one present except persons designated by the court; (6) that a deposition after being sealed be opened only by order of the court; (7) that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way; and (8) that the parties simultaneously file specified documents or

information enclosed in sealed envelopes to be opened as directed by the court. If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. The provisions of rule 1.380(a)(4) apply to the award of expenses incurred in relation to the motion. (d) Limitations on Discovery of Electronically Stored Information. (1) A person may object to discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of burden or cost. On motion to compel discovery or for a protective order, the person from whom discovery is sought must show that the information sought or the format requested is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order the discovery from such sources or in such formats if the requesting party shows good cause. The court may specify conditions of the discovery, including ordering that some or all of the expenses incurred by the person from whom discovery is sought be paid by the party seeking the discovery. (2) In determining any motion involving discovery of electronically stored information, the court must limit the frequency or extent of discovery otherwise allowed by these rules if it determines that (i) the discovery sought is unreasonably cumulative or duplicative, or can be obtained from another source or in another manner that is more convenient, less burdensome, or less expensive; or (ii) the burden or expense of the discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues. (e) Sequence and Timing of Discovery. Except as provided in subdivision (b)(5) or unless the court upon motion for the convenience of parties and witnesses and in the interest of justice orders otherwise, methods of discovery may be used in any sequence, and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not delay any other party’s discovery. (f) Supplementing of Responses. A party who has responded to a request for discovery with a response that was complete when made is under no duty

to supplement the response to include information thereafter acquired. (g) Court Filing of Documents and Discovery. Information obtained during discovery shall not be filed with the court until such time as it is filed for good cause. The requirement of good cause is satisfied only where the filing of the information is allowed or required by another applicable rule of procedure or by court order. All filings of discovery documents shall comply with Florida Rule of General Practice and Judicial Administration 2.425. The court shall have authority to impose sanctions for violation of this rule. (h) Apex Doctrine. A current or former high-level government or corporate officer may seek an order preventing the officer from being subject to a deposition. The motion, whether by a party or by the person of whom the deposition is sought, must be accompanied by an affidavit or declaration of the officer explaining that the officer lacks unique, personal knowledge of the issues being litigated. If the officer meets this burden of production, the court shall issue an order preventing the deposition, unless the party seeking the deposition demonstrates that it has exhausted other discovery, that such discovery is inadequate, and that the officer has unique, personal knowledge of discoverable information. The court may vacate or modify the order if, after additional discovery, the party seeking the deposition can meet its burden of persuasion under this rule. The burden to persuade the court that the officer is high-level for purposes of this rule lies with the person or party opposing the deposition. (i) Form of Responses to Written Discovery Requests. When responding to requests for production served pursuant to rule 1.310(b)(5), written deposition questions served pursuant to rule 1.320, interrogatories served pursuant to rule 1.340, requests for production or inspection served pursuant to rule 1.350, requests for production of documents or things without deposition served pursuant to rule 1.351, requests for admissions served pursuant to rule 1.370, or requests for the production of documentary evidence served pursuant to rule 1.410(c), the responding party shall state each deposition question, interrogatory, or discovery request in full as numbered, followed by the answer, objection, or other response. COMMITTEE NOTES 1972 Amendment. The rule is derived from Federal Rule of Civil

Procedure 26 as amended in 1970. Subdivisions (a), (b)(2), and (b)(3) are new. Subdivision (c) contains material from former rule 1.310(b). Subdivisions (d) and (e) are new, but the latter is similar to former rule 1.340(d). Significant changes are made in discovery from experts. The general rearrangement of the discovery rule is more logical and is the result of 35 years of experience under the federal rules. 1988 Amendment. Subdivision (b)(2) has been added to enable discovery of the existence and contents of indemnity agreements and is the result of the enactment of sections 627.7262 and 627.7264, Florida Statutes, proscribing the joinder of insurers but providing for disclosure. This rule is derived from Federal Rule of Civil Procedure 26(b)(2). Subdivisions (b)(2) and (b)(3) have been redesignated as (b)(3) and (b)(4) respectively. The purpose of the amendment to subdivision (b)(3)(A) (renumbered (b) (4)(A)) is to allow, without leave of court, the depositions of experts who have been disclosed as expected to be used at trial. The purpose of subdivision (b)(4)(D) is to define the term “expert” as used in these rules. 1996 Amendment. The amendments to subdivision (b)(4)(A) are derived from the Supreme Court’s decision in Elkins v. Syken, 672 So. 2d 517 (Fla. 1996). They are intended to avoid annoyance, embarrassment, and undue expense while still permitting the adverse party to obtain relevant information regarding the potential bias or interest of the expert witness. Subdivision (b)(5) is added and is derived from Federal Rule of Civil Procedure 26(b)(5) (1993). 2011 Amendment. Subdivision (f) is added to ensure that information obtained during discovery is not filed with the court unless there is good cause for the documents to be filed, and that information obtained during discovery that includes certain private information shall not be filed with the court unless the private information is redacted as required by Florida Rule of General Practice and Judicial Administration 2.425. 2012 Amendment. Subdivisions (b)(3) and (d) are added to address discovery of electronically stored information. The parties should consider conferring with one another at the earliest practical opportunity to discuss the reasonable scope of preservation and production of electronically stored information. These issues may also be

addressed by means of a rule 1.200 or rule 1.201 case management conference. Under the good cause test in subdivision (d)(1), the court should balance the costs and burden of the requested discovery, including the potential for disruption of operations or corruption of the electronic devices or systems from which discovery is sought, against the relevance of the information and the requesting party’s need for that information. Under the proportionality and reasonableness factors set out in subdivision (d)(2), the court must limit the frequency or extent of discovery if it determines that the discovery sought is excessive in relation to the factors listed. In evaluating the good cause or proportionality tests, the court may find its task complicated if the parties know little about what information the sources at issue contain, whether the information sought is relevant, or how valuable it may be to the litigation. If appropriate, the court may direct the parties to develop the record further by engaging in focused discovery, including sampling of the sources, to learn more about what electronically stored information may be contained in those sources, what costs and burdens are involved in retrieving, reviewing, and producing the information, and how valuable the information sought may be to the litigation in light of the availability of information from other sources or methods of discovery, and in light of the parties’ resources and the issues at stake in the litigation. COURT COMMENTARY 2000 Amendment. Allstate Insurance Co. v. Boecher, 733 So. 2d 993, 999 (Fla. 1999), clarifies that subdivision (b)(4)(A)(iii) is not intended “to place a blanket bar on discovery from parties about information they have in their possession about an expert, including the party’s financial relationship with the expert.”

« Rule 1.285. » Fla. R. Civ. P. 1.285

RULE 1.285. INADVERTENT DISCLOSURE OF PRIVILEGED MATERIALS. (a) Assertion of Privilege as to Inadvertently Disclosed Materials. Any party, person, or entity, after inadvertent disclosure of any materials pursuant to these rules, may thereafter assert any privilege recognized by law as to those materials. This right exists without regard to whether the disclosure was made pursuant to formal demand or informal request. In order to assert the privilege, the party, person, or entity, shall, within 10 days of actually discovering the inadvertent disclosure, serve written notice of the assertion of privilege on the party to whom the materials were disclosed. The notice shall specify with particularity the materials as to which the privilege is asserted, the nature of the privilege asserted, and the date on which the inadvertent disclosure was actually discovered. (b) Duty of the Party Receiving Notice of an Assertion of Privilege. A party receiving notice of an assertion of privilege under subdivision (a) shall promptly return, sequester, or destroy the materials specified in the notice, as well as any copies of the material. The party receiving the notice shall also promptly notify any other party, person, or entity to whom it has disclosed the materials of the fact that the notice has been served and of the effect of this rule. That party shall also take reasonable steps to retrieve the materials disclosed. Nothing herein affects any obligation pursuant to R. Regulating Fla. Bar 4-4.4(b). (c) Right to Challenge Assertion of Privilege. Any party receiving a notice made under subdivision (a) has the right to challenge the assertion of privilege. The grounds for the challenge may include, but are not limited to, the following: (1) The materials in question are not privileged. (2) The disclosing party, person, or entity lacks standing to assert the privilege. (3) The disclosing party, person, or entity has failed to serve timely notice under this rule.

(4) The circumstances surrounding the production or disclosure of the materials warrant a finding that the disclosing party, person, or entity has waived its assertion that the material is protected by a privilege. Any party seeking to challenge the assertion of privilege shall do so by serving notice of its challenge on the party, person, or entity asserting the privilege. Notice of the challenge shall be served within 20 days of service of the original notice given by the disclosing party, person, or entity. The notice of the recipient’s challenge shall specify the grounds for the challenge. Failure to serve timely notice of challenge is a waiver of the right to challenge. (d) Effect of Determination that Privilege Applies. When an order is entered determining that materials are privileged or that the right to challenge the privilege has been waived, the court shall direct what shall be done with the materials and any copies so as to preserve all rights of appellate review. The recipient of the materials shall also give prompt notice of the court’s determination to any other party, person, or entity to whom it had disclosed the materials.

« Rule 1.290. » Fla. R. Civ. P. 1.290

RULE 1.290. DEPOSITIONS BEFORE ACTION OR PENDING APPEAL. (a) Before Action. (1) Petition. A person who desires to perpetuate that person’s own testimony or that of another person regarding any matter that may be cognizable in any court of this state may file a verified petition in the circuit court in the county of the residence of any expected adverse party. The petition shall be entitled in the name of the petitioner and shall show: (1) that the petitioner expects to be a party to an action cognizable in a court of Florida, but is presently unable to bring it or cause it to be brought, (2) the subject matter of the expected action and the petitioner’s interest therein, (3) the facts which the petitioner desires to establish by the proposed testimony and the petitioner’s reasons for desiring to perpetuate it, (4) the names or a description of the persons the petitioner expects will be adverse parties and their addresses so far as known, and (5) the names and addresses of the persons to be examined and the substance of the testimony which the petitioner expects to elicit from each; and shall ask for an order authorizing the petitioner to take the deposition of the persons to be examined named in the petition for the purpose of perpetuating their testimony. (2) Notice and Service. The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court at a time and place named therein for an order described in the petition. At least 20 days before the date of hearing the notice shall be served either within or without the county in the manner provided by law for service of summons, but if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court may make an order for service by publication or otherwise, and shall appoint an attorney for persons not served in the manner provided by law for service of summons who shall represent them, and if they are not otherwise represented, shall cross-examine the deponent.

(3) Order and Examination. If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the deposition shall be taken upon oral examination or written interrogatories. The deposition may then be taken in accordance with these rules and the court may make orders in accordance with the requirements of these rules. For the purpose of applying these rules to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed. (4) Use of Deposition. A deposition taken under this rule may be used in any action involving the same subject matter subsequently brought in any court in accordance with rule 1.330. (b) Pending Appeal. If an appeal has been taken from a judgment of any court or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the court. In such case the party who desires to perpetuate the testimony may make a motion for leave to take the deposition upon the same notice and service as if the action was pending in the court. The motion shall show (1) the names and addresses of persons to be examined and the substance of the testimony which the movant expects to elicit from each, and (2) the reason for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay in justice, it may make an order allowing the deposition to be taken and may make orders of the character provided for by these rules, and thereupon the deposition may be taken and used in the same manner and under the same conditions as are prescribed in these rules for depositions taken in actions pending in the court. (c) Perpetuation by Action. This rule does not limit the power of a court to entertain an action to perpetuate testimony. COMMITTEE NOTES

1980 Amendment. Subdivision (d) is repealed because depositions de bene esse are obsolete. Rules 1.280 and 1.310 with the remainder of this rule cover all needed deposition circumstances and do so better. Subdivision (d) was taken from former chapter 63, Florida Statutes, and is not a complete procedure without reference to the parts of the statute not carried forward in the rule.

« Rule 1.300. » Fla. R. Civ. P. 1.300

RULE 1.300. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN. (a) Persons Authorized. Depositions may be taken before any notary public or judicial officer or before any officer authorized by the statutes of Florida to take acknowledgments or proof of executions of deeds or by any person appointed by the court in which the action is pending. (b) In Foreign Countries. In a foreign country depositions may be taken (1) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of Florida or of the United States, (2) before a person commissioned by the court, and a person so commissioned shall have the power by virtue of the commission to administer any necessary oath and take testimony, or (3) pursuant to a letter rogatory. A commission or a letter rogatory shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient, and both a commission and a letter rogatory may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter rogatory may be addressed “To the Appropriate Authority in _________ (name of country) _________.” Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or any similar departure from the requirements for depositions taken within Florida under these rules. (c) Selection by Stipulation. If the parties so stipulate in writing, depositions may be taken before any person at any time or place upon any notice and in any manner and when so taken may be used like other depositions. (d) Persons Disqualified. Unless so stipulated by the parties, no deposition shall be taken before a person who is a relative, employee, attorney, or counsel of any of the parties, is a relative or employee of any of the parties’ attorney or counsel, or is financially interested in the action.

« Rule 1.310. » Fla. R. Civ. P. 1.310

RULE 1.310. DEPOSITIONS UPON ORAL EXAMINATION. (a) When Depositions May Be Taken. After commencement of the action any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition within 30 days after service of the process and initial pleading on any defendant, except that leave is not required (1) if a defendant has served a notice of taking deposition or otherwise sought discovery, or (2) if special notice is given as provided in subdivision (b)(2) of this rule. The attendance of witnesses may be compelled by subpoena as provided in rule 1.410. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. (b) Notice; Method of Taking; Production at Deposition. (1) A party desiring to take the deposition of any person on oral examination must give reasonable notice in writing to every other party to the action. The notice must state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced under the subpoena must be attached to or included in the notice. (2) Leave of court is not required for the taking of a deposition by plaintiff if the notice states that the person to be examined is about to go out of the state and will be unavailable for examination unless a deposition is taken before expiration of the 30-day period under subdivision (a). If a party shows that when served with notice under this subdivision that party was unable through the exercise of diligence to obtain counsel to represent the party at the taking of the deposition, the deposition may not be used against that party. (3) For cause shown the court may enlarge or shorten the time for taking the deposition.

(4) Any deposition may be audiovisually recorded without leave of the court or stipulation of the parties, provided the deposition is taken in accordance with this subdivision. (A) Notice. In addition to the requirements in subdivision (b)(1), a party intending to audiovisually record a deposition must: i. state that the deposition is to be audiovisually recorded in the title of the notice; and ii. identify the method for audiovisually recording the deposition and, if applicable, provide the name and address of the operator of the audiovisual recording equipment in the body of the notice. (B) Stenographer. Audiovisually recorded depositions must also be recorded stenographically, unless all parties agree otherwise. (C) Procedure. At the beginning of the deposition, the officer before whom it is taken must, on camera: (i) identify the style of the action, (ii) state the date, and (iii) put the witness under oath as provided in subdivision (c)(1). (D) Responsibility for Recordings and Copies. The attorney for the party or the pro se party requesting the audiovisual recording of the deposition is responsible for safeguarding the recording, must permit the viewing of it by the opposing party, and, if requested, must provide access to a copy of the recording at the expense of the party requesting the copy. (E) Cost of Audiovisually Recorded Depositions. The party requesting the audiovisual recording must bear the initial cost of the recording. (5) The notice to a party deponent may be accompanied by a request made in compliance with rule 1.350 for the production of documents and tangible things at the taking of the deposition. The procedure of rule 1.350 applies to the request. Rule 1.351 provides the exclusive procedure for obtaining documents or things by subpoena from nonparties without deposing the custodian or other person in possession of the documents. (6) In the notice a party may name as the deponent a public or private corporation, a partnership or association, or a governmental agency, and

designate with reasonable particularity the matters on which examination is requested. The organization so named must designate one or more officers, directors, or managing agents, or other persons who consent to do so, to testify on its behalf and may state the matters on which each person designated will testify. The persons so designated must testify about matters known or reasonably available to the organization. This subdivision does not preclude taking a deposition by any other procedure authorized in these rules. (7) A deposition may be taken by communication technology, as that term is defined in Florida Rule of General Practice and Judicial Administration 2.530, if stipulated by the parties or if ordered by the court on its own motion or on motion of a party. The order may prescribe the manner in which the deposition will be taken. In addition to the requirements of subdivision (b)(1), a party intending to take a deposition by communication technology must: (A) state that the deposition is to be taken using communication technology in the title of the notice; and (B) identify the specific form of communication technology to be used and provide instructions for access to the communication technology in the body of the notice. (8) Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. (c) Examination and Cross-Examination; Record of Examination; Oath; Objections; Transcription. (1) Examination and cross-examination of witnesses may proceed as permitted at the trial. The officer before whom the deposition is to be taken must put the witness under oath and must personally, or by someone acting under the officer’s direction and in the officer’s presence, record the testimony of the witness, except that when a deposition is being taken by communication technology under subdivision (b)

(7), the witness must be put under oath as provided in Florida Rule of General Practice and Judicial Administration 2.530(b)(2)(B). The testimony must be taken stenographically or audiovisually recorded under subdivision (b)(4). All objections made at the time of the examination to the qualifications of the officer taking the deposition, the manner of taking it, the evidence presented, or the conduct of any party, and any other objection to the proceedings must be noted by the officer on the deposition. Any objection during a deposition must be stated concisely and in a nonargumentative and nonsuggestive manner. A party may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation on evidence directed by the court, or to present a motion under subdivision (d). Otherwise, evidence objected to must be taken subject to the objections. Instead of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition and that party must transmit them to the officer, who must propound them to the witness and record the answers verbatim. (2) If requested by a party, the testimony must be transcribed at the initial cost of the requesting party and prompt notice of the request must be given to all other parties. A party who intends to use an audio or audiovisual recording of testimony at a hearing or trial must have the testimony transcribed and must file a copy of the transcript with the court. (d) Motion to Terminate or Limit Examination. At any time during the taking of the deposition, on motion of a party or of the deponent and on a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, or that objection and instruction to a deponent not to answer are being made in violation of rule 1.310(c), the court in which the action is pending or the circuit court where the deposition is being taken may order the officer conducting the examination to cease immediately from taking the deposition or may limit the scope and manner of the taking of the deposition under rule 1.280(c). If the order terminates the examination, it shall be resumed thereafter only on the order of the court in which the action is pending. Upon demand of any party or the deponent, the taking of the deposition must be suspended for the time necessary to make a motion for an order. The provisions of rule 1.380(a) apply to the award of expenses incurred in relation to the motion.

(e) Witness Review. If the testimony is transcribed, the transcript must be furnished to the witness for examination and must be read to or by the witness unless the examination and reading are waived by the witness and by the parties. Any changes in form or substance that the witness wants to make must be listed in writing by the officer with a statement of the reasons given by the witness for making the changes. The changes must be attached to the transcript. It must then be signed by the witness unless the parties waived the signing or the witness is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within a reasonable time after it is furnished to the witness, the officer must sign the transcript and state on the transcript the waiver, illness, absence of the witness, or refusal to sign with any reasons given therefor. The deposition may then be used as fully as though signed unless the court holds that the reasons given for the refusal to sign require rejection of the deposition wholly or partly, on motion under rule 1.330(d)(4). (f) Filing; Exhibits. (1) If the deposition is transcribed, the officer must certify on each copy of the deposition that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the witness. Documents and things produced for inspection during the examination of the witness must be marked for identification and annexed to and returned with the deposition on the request of a party, and may be inspected and copied by any party, except that the person producing the materials may substitute copies to be marked for identification if that person affords to all parties fair opportunity to verify the copies by comparison with the originals. If the person producing the materials requests their return, the officer must mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them and the materials may then be used in the same manner as if annexed to and returned with the deposition. (2) Upon payment of reasonable charges therefor the officer must furnish a copy of the deposition to any party or to the deponent. (3) A copy of a deposition may be filed only under the following circumstances: (A) It may be filed in compliance with Florida Rule of General

Practice and Judicial Administration 2.425 and rule 1.280(g) by a party or the witness when the contents of the deposition must be considered by the court on any matter pending before the court. Prompt notice of the filing of the deposition must be given to all parties unless notice is waived. A party filing the deposition must furnish a copy of the deposition or the part being filed to other parties unless the party already has a copy. (B) If the court determines that a deposition previously taken is necessary for the decision of a matter pending before the court, the court may order that a copy be filed by any party at the initial cost of the party, and the filing party must comply with rules 2.425 and 1.280(g). (g) Obtaining Copies. A party or witness who does not have a copy of the deposition may obtain it from the officer taking the deposition unless the court orders otherwise. If the deposition is obtained from a person other than the officer, the reasonable cost of reproducing the copies must be paid to the person by the requesting party or witness. (h) Failure to Attend or to Serve Subpoena; Expenses. (1) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to the other party the reasonable expenses incurred by the other party and the other party’s attorney in attending, including reasonable attorneys’ fees. (2) If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena on the witness and the witness because of the failure does not attend and if another party attends in person or by attorney because that other party expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to the other party the reasonable expenses incurred by that other party and that other party’s attorney in attending, including reasonable attorneys’ fees. COMMITTEE NOTES 1972 Amendment. Derived from Federal Rule of Civil Procedure 30 as amended in 1970. Subdivision (a) is derived from rule 1.280(a); subdivision

(b) from rule 1.310(a) with additional matter added; the first sentence of subdivision (c) has been added and clarifying language added throughout the remainder of the rule. 1976 Amendment. Subdivision (b)(4) has been amended to allow the taking of a videotaped deposition as a matter of right. Provisions for the taxation of costs and the entry of a standard order are included as well. This new amendment allows the contemporaneous stenographic transcription of a videotaped deposition. 1988 Amendment. The amendments to subdivision (b)(4) are to provide for depositions by videotape as a matter of right. The notice provision is to ensure that specific notice is given that the deposition will be videotaped and to disclose the identity of the operator. It was decided not to make special provision for a number of days’ notice. The requirement that a stenographer be present (who is also the person likely to be swearing the deponent) is to ensure the availability of a transcript (although not required). The transcript would be a tool to ensure the accuracy of the videotape and thus eliminate the need to establish other procedures aimed at the same objective (like time clocks in the picture and the like). This does not mean that a transcript must be made. As at ordinary depositions, this would be up to the litigants. Technical videotaping procedures were not included. It is anticipated that technical problems may be addressed by the court on motions to quash or motions for protective orders. Subdivision (c) has been amended to accommodate the taking of depositions by telephone. The amendment requires the deponent to be sworn by a person authorized to administer oaths in the deponent’s location and who is present with the deponent. 1992 Amendment. Subdivision (b)(4)(D) is amended to clarify an ambiguity in whether the cost of the videotape copy is to be borne by the party requesting the videotaping or by the party requesting the copy. The amendment requires the party requesting the copy to bear the cost of the copy. 1996 Amendment. Subdivision (c) is amended to state the existing law, which authorizes attorneys to instruct deponents not to answer questions only

in specific situations. This amendment is derived from Federal Rule of Civil Procedure 30(d) as amended in 1993. 2010 Amendment. Subdivision (b)(5) is amended to clarify that the procedure set forth in rule 1.351 must be followed when requesting or receiving documents or things without testimony, from nonparties pursuant to a subpoena. The amendment is intended to prevent the use of rules 1.310 and 1.410 to request documents from nonparties pursuant to a subpoena without giving the opposing party the opportunity to object to the subpoena before it is served on the nonparty as required by rule 1.351. 2011 Amendment. A reference to Florida Rule of General Practice and Judicial Administration 2.425 and rule 1.280(f) is added to require persons filing discovery materials with the court to make sure that good cause exists prior to filing discovery materials and that certain specific personal information is redacted. COURT COMMENTARY 1984 Amendment. Subdivision (b)(7) is added to authorize deposition by telephone, with provision for any party to have a stenographic transcription at that party’s own initial expense. Subdivision (d) is changed to permit any party to terminate the deposition, not just the objecting party. Subdivision (e) is changed to eliminate the confusing requirement that a transcript be submitted to the witness. The term has been construed as requiring the court reporter to travel, if necessary, to the witness, and creates a problem when a witness is deposed in Florida and thereafter leaves the state before signing. The change is intended to permit the parties and the court reporter to handle such situations on an ad hoc basis as is most appropriate. Subdivision (f) is the committee’s action in response to the petition seeking amendment to rule 1.310(f) filed in the Supreme Court Case No. 62,699. Subdivision (f) is changed to clarify the need for furnishing copies when a deposition, or part of it, is properly filed, to authorize the court to require a deposition to be both transcribed and filed, and to specify that a party who does not obtain a copy of the deposition may get it from the court reporter unless ordered otherwise by the court. This eliminates the present

requirement of furnishing a copy of the deposition, or material part of it, to a person who already has a copy in subdivision (f)(3)(A). Subdivision (f)(3)(B) broadens the authority of the court to require the filing of a deposition that has been taken, but not transcribed. Subdivision (g) requires a party to obtain a copy of the deposition from the court reporter unless the court orders otherwise. Generally, the court should not order a party who has a copy of the deposition to furnish it to someone who has neglected to obtain it when the deposition was transcribed. The person should obtain it from the court reporter unless there is a good reason why it cannot be obtained from the reporter.

« Rule 1.320. » Fla. R. Civ. P. 1.320

RULE 1.320. DEPOSITIONS UPON WRITTEN QUESTIONS. (a) Serving Questions; Notice. After commencement of the action any party may take the testimony of any person, including a party, by deposition upon written questions. The attendance of witnesses may be compelled by the use of subpoena as provided in rule 1.410. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. A party desiring to take a deposition upon written questions must serve them with a notice stating (1) the name and address of the person who is to answer them, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which that person belongs, and (2) the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation, a partnership or association, or a governmental agency in accordance with rule 1.310(b)(6). Within 30 days after the notice and written questions are served, a party may serve cross questions on all other parties. Within 10 days after being served with cross questions, a party may serve redirect questions on all other parties. Within 10 days after being served with redirect questions, a party may serve recross questions on all other parties. Notwithstanding any contrary provision of rule 1.310(c), objections to the form of written questions are waived unless served in writing on the party propounding them within the time allowed for serving the succeeding cross or other questions and within 10 days after service of the last questions authorized. The court may for cause shown enlarge or shorten the time. (b) Officer to Take Responses and Prepare Record. A copy of the notice and copies of all questions served must be delivered by the party taking the depositions to the officer designated in the notice, who must proceed promptly to take the testimony of the witness in the manner provided by rules 1.310(c), (e), and (f) in response to the questions and to prepare the deposition, attaching the copy of the notice and the questions received by the officer. The questions must not be filed separately from the deposition unless a party seeks to have the court consider the questions before the questions are submitted to the witness. Any deposition may be audiovisually recorded

without leave of the court or stipulation of the parties, provided the deposition is taken in accordance with rule 1.310(b)(4). COMMITTEE NOTES 1972 Amendment. Derived from Federal Rule of Civil Procedure 31 as amended in 1970. The name of interrogatories has been changed to questions to avoid confusion with interrogatories to parties under rule 1.340. Language changes resulting from the rearrangement of the discovery rules have been inserted and subdivision (d) deleted.

« Rule 1.330. » Fla. R. Civ. P. 1.330

RULE 1.330. USE OF DEPOSITIONS IN COURT PROCEEDINGS. (a) Use of Depositions. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice of it so far as admissible under the rules of evidence applied as though the witness were then present and testifying in accordance with any of the following provisions: (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness or for any purpose permitted by the Florida Evidence Code. (2) The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, or managing agent or a person designated under rule 1.310(b)(6) or 1.320(a) to testify on behalf of a public or private corporation, a partnership or association, or a governmental agency that is a party may be used by an adverse party for any purpose. (3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: (A) that the witness is dead; (B) that the witness is at a greater distance than 100 miles from the place of trial or hearing, or is out of the state, unless it appears that the absence of the witness was procured by the party offering the deposition; (C) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; (D) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; (E) upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used; or (F) the witness is an expert or skilled witness. (4) If only part of a deposition is offered in evidence by a party, an adverse party may require the party to introduce any other part that in fairness ought to be considered with the part introduced, and any party may introduce any other parts.

(5) Substitution of parties pursuant to rule 1.260 does not affect the right to use depositions previously taken and, when an action in any court of the United States or of any state has been dismissed and another action involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken for it. (6) If a civil action is afterward brought, all depositions lawfully taken in a medical liability mediation proceeding may be used in the civil action as if originally taken for it. (b) Objections to Admissibility. Subject to the provisions of rule 1.300(b) and subdivision (d)(3) of this rule, objection may be made at the trial or hearing to receiving in evidence any deposition or part of it for any reason that would require the exclusion of the evidence if the witness were then present and testifying. (c) Effect of Taking or Using Depositions. A party does not make a person the party’s own witness for any purpose by taking the person’s deposition. The introduction in evidence of the deposition or any part of it for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition under subdivision (a)(2) of this rule. At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by that party or by any other party. (d) Effect of Errors and Irregularities. (1) As to Notice. All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice. (2) As to Disqualification of Officer. Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence. (3) As to Taking of Deposition.

(A) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition unless the ground of the objection is one that might have been obviated or removed if presented at that time. (B) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties and errors of any kind that might be obviated, removed, or cured if promptly presented are waived unless timely objection to them is made at the taking of the deposition. (C) Objections to the form of written questions submitted under rule 1.320 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within 10 days after service of the last questions authorized. (4) As to Completion and Return. Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, or otherwise dealt with by the officer under rules 1.310 and 1.320 are waived unless a motion to suppress the deposition or some part of it is made with reasonable promptness after the defect is, or with due diligence might have been, discovered. COMMITTEE NOTES 1972 Amendment. Derived from Federal Rule of Civil Procedure 32 as amended in 1970. Subdivisions (a), (b), and (c) are former rules 1.280(d), (f), and (g) respectively. Subdivision (d) is derived from the entire former rule 1.330. 1998 Amendment. Subdivision (a)(1) was amended to clarify that, in addition to the uses of depositions prescribed by these rules, depositions may be used for any purpose permitted by the Florida Evidence Code (chapter 90, Fla. Stat.). This amendment is consistent with the 1980 amendment to Rule 32 of the Federal Rules of Civil Procedure.

« Rule 1.340. » Fla. R. Civ. P. 1.340

RULE 1.340. INTERROGATORIES TO PARTIES. (a) Procedure for Use. Without leave of court, any party may serve on any other party written interrogatories to be answered (1) by the party to whom the interrogatories are directed, or (2) if that party is a public or private corporation or partnership or association or governmental agency, by any officer or agent, who must furnish the information available to that party. Interrogatories may be served on the plaintiff after commencement of the action and on any other party with or after service of the process and initial pleading on that party. The interrogatories must not exceed 30, including all subparts, unless the court permits a larger number on motion and notice and for good cause. If the supreme court has approved a form of interrogatories for the type of action, the initial interrogatories on a subject included within must be from the form approved by the court. A party may serve fewer than all of the approved interrogatories within a form. Other interrogatories may be added to the approved forms without leave of court, so long as the total of approved and additional interrogatories does not exceed 30. Each interrogatory must be answered separately and fully in writing under oath unless it is objected to, in which event the grounds for objection must be stated and signed by the attorney making it. The party to whom the interrogatories are directed must serve the answers and any objections within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the process and initial pleading on that defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under rule 1.380(a) on any objection to or other failure to answer an interrogatory. (b) Scope; Use at Trial. Interrogatories may relate to any matters that can be inquired into under rule 1.280(b), and the answers may be used to the extent permitted by the rules of evidence except as otherwise provided in this subdivision. An interrogatory otherwise proper is not objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or calls for a conclusion or asks for information not within the personal knowledge of the party. A party must respond to such an interrogatory by giving the information the party has and the source on which

the information is based. Such a qualified answer may not be used as direct evidence for or impeachment against the party giving the answer unless the court finds it otherwise admissible under the rules of evidence. If a party introduces an answer to an interrogatory, any other party may require that party to introduce any other interrogatory and answer that in fairness ought to be considered with it. (c) Option to Produce Records. When the answer to an interrogatory may be derived or ascertained from the records (including electronically stored information) of the party to whom the interrogatory is directed or from an examination, audit, or inspection of the records or from a compilation, abstract, or summary based on the records and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party to whom it is directed, an answer to the interrogatory specifying the records from which the answer may be derived or ascertained and offering to give the party serving the interrogatory a reasonable opportunity to examine, audit, or inspect the records and to make copies, compilations, abstracts, or summaries is a sufficient answer. An answer must be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party interrogated, the records from which the answer may be derived or ascertained, or must identify a person or persons representing the interrogated party who will be available to assist the interrogating party in locating and identifying the records at the time they are produced. If the records to be produced consist of electronically stored information, the records must be produced in a form or forms in which they are ordinarily maintained or in a reasonably usable form or forms. (d) Effect on Co-Party. Answers made by a party shall not be binding on a co-party. (e) Service and Filing. Interrogatories must be served on the party to whom the interrogatories are directed and copies must be served on all other parties. A certificate of service of the interrogatories must be filed, giving the date of service and the name of the party to whom they were directed. The answers to the interrogatories must be served on the party originally propounding the interrogatories and a copy must be served on all other parties by the answering party. The original or any copy of the answers to interrogatories may be filed in compliance with Florida Rule of General Practice and Judicial Administration 2.425 and rule 1.280(g) by any party

when the court should consider the answers to interrogatories in determining any matter pending before the court. The court may order a copy of the answers to interrogatories filed at any time when the court determines that examination of the answers to interrogatories is necessary to determine any matter pending before the court. COMMITTEE NOTES 1972 Amendment. Subdivisions (a), (b), and (c) are derived from Federal Rule of Civil Procedure 33 as amended in 1970. Changes from the existing rule expand the time for answering, permit interrogatories to be served with the initial pleading or at any time thereafter, and eliminate the requirement of a hearing on objections. If objections are made, the interrogating party has the responsibility of setting a hearing if that party wants an answer. If the interrogatories are not sufficiently important, the interrogating party may let the matter drop. Subdivision (b) covers the same matter as the present rule 1.340(b) except those parts that have been transferred to rule 1.280. It also eliminates the confusion between facts and opinions or contentions by requiring that all be given. Subdivision (c) gives the interrogated party an option to produce business records from which the interrogating party can derive the answers to questions. Subdivision (d) is former subdivision (c) without change. Former subdivision (d) is repealed because it is covered in rule 1.280(e). Subdivision (e) is derived from the New Jersey rules and is intended to place both the interrogatories and the answers to them in a convenient place in the court file so that they can be referred to with less confusion. The requirement for filing a copy before the answers are received is necessary in the event of a dispute concerning what was done or the appropriate times involved. 1988 Amendment. The word “initial” in the 1984 amendment to subdivision (a) resulted in some confusion, so it has been deleted. Also the total number of interrogatories which may be propounded without leave of court is enlarged to 30 from 25. Form interrogatories which have been approved by the supreme court must be used; and those so used, with their subparts, are included in the total number permitted. The amendments are not intended to change any other requirement of the rule.

2011 Amendment. A reference to Florida Rule of General Practice and Judicial Administration 2.425 and rule 1.280(f) is added to require persons filing discovery materials with the court to make sure that good cause exists prior to filing discovery materials and that certain specific personal information is redacted. 2012 Amendment. Subdivision (c) is amended to provide for the production of electronically stored information in answer to interrogatories and to set out a procedure for determining the form in which to produce electronically stored information. COURT COMMENTARY 1984 Amendment. Subdivision (a) is amended by adding the reference to approved forms of interrogatories. The intent is to eliminate the burden of unnecessary interrogatories. Subdivision (c) is amended to add the requirement of detail in identifying records when they are produced as an alternative to answering the interrogatory or to designate the persons who will locate the records. Subdivision (e) is changed to eliminate the requirement of serving an original and a copy of the interrogatories and of the answers in light of the 1981 amendment that no longer permits filing except in special circumstances. Subdivision (f) is deleted since the Medical Liability Mediation Proceedings have been eliminated. 1988 Amendment. A reference to Florida Rule of Judicial Administration 2.425 and rule 1.280(f) is added to require persons filing discovery materials with the cour t to make sure that good cause exists prior to filing discovery materials and that certain specific personal information is redacted.

« Rule 1.350. » Fla. R. Civ. P. 1.350

RULE 1.350. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES. (a) Request; Scope. Any party may request any other party (1) to produce and permit the party making the request, or someone acting in the requesting party’s behalf, to inspect and copy any designated documents, including electronically stored information, writings, drawings, graphs, charts, photographs, audio, visual, and audiovisual recordings, and other data compilations from which information can be obtained, translated, if necessary, by the party to whom the request is directed through detection devices into reasonably usable form, that constitute or contain matters within the scope of rule 1.280(b) and that are in the possession, custody, or control of the party to whom the request is directed; (2) to inspect and copy, test, or sample any tangible things that constitute or contain matters within the scope of rule 1.280(b) and that are in the possession, custody, or control of the party to whom the request is directed; or (3) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation on it within the scope of rule 1.280(b). (b) Procedure. Without leave of court the request may be served on the plaintiff after commencement of the action and on any other party with or after service of the process and initial pleading on that party. The request shall set forth the items to be inspected, either by individual item or category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection or performing the related acts. The party to whom the request is directed shall serve a written response within 30 days after service of the request, except that a defendant may serve a response within 45 days after service of the process and initial pleading on that defendant. The court may allow a shorter or longer time. For each item or category the response shall state that inspection and related activities will be permitted as requested unless the request is objected to, in which event the reasons for the objection

shall be stated. If an objection is made to part of an item or category, the part shall be specified. When producing documents, the producing party shall either produce them as they are kept in the usual course of business or shall identify them to correspond with the categories in the request. A request for electronically stored information may specify the form or forms in which electronically stored information is to be produced. If the responding party objects to a requested form, or if no form is specified in the request, the responding party must state the form or forms it intends to use. If a request for electronically stored information does not specify the form of production, the producing party must produce the information in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. The party submitting the request may move for an order under rule 1.380 concerning any objection, failure to respond to the request, or any part of it, or failure to permit inspection as requested. (c) Persons Not Parties. This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land. (d) Filing of Documents. Unless required by the court, a party shall not file any of the documents or things produced with the response. Documents or things may be filed in compliance with Florida Rule of General Practice and Judicial Administration 2.425 and rule 1.280(g) when they should be considered by the court in determining a matter pending before the court. COMMITTEE NOTES 1972 Amendment. Derived from Federal Rule of Civil Procedure 34 as amended in 1970. The new rule eliminates the good cause requirement of the former rule, changes the time for making the request and responding to it, and changes the procedure for the response. If no objection to the discovery is made, inspection is had without a court order. While the good cause requirement has been eliminated, the change is not intended to overrule cases limiting discovery under this rule to the scope of ordinary discovery, nor is it intended to overrule cases limiting unreasonable requests such as those reviewed in Van Devere v. Holmes, 156 So. 2d 899 (Fla. 3d DCA 1963); IBM v. Elder, 187 So. 2d 82 (Fla. 3d DCA 1966); and Miami v. Florida Public Service Commission, 226 So. 2d 217 (Fla. 1969). It is intended that the court

review each objection and weigh the need for discovery and the likely results of it against the right of privacy of the party or witness or custodian. 1980 Amendment. Subdivision (b) is amended to require production of documents as they are kept in the usual course of business or in accordance with the categories in the request. 2011 Amendment. A reference to Florida Rule of General Practice and Judicial Administration 2.425 and rule 1.280(f) is added to require persons filing discovery materials with the court to make sure that good cause exists prior to filing discovery materials and that certain specific personal information is redacted. 2012 Amendment. Subdivision (a) is amended to address the production of electronically stored information. Subdivision (b) is amended to set out a procedure for determining the form to be used in producing electronically stored information.

« Rule 1.351. » Fla. R. Civ. P. 1.351

RULE 1.351. PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION. (a) Request; Scope. A party may seek inspection and copying of any documents or things within the scope of rule 1.350(a) from a person who is not a party by issuance of a subpoena directing the production of the documents or things when the requesting party does not seek to depose the custodian or other person in possession of the documents or things. This rule provides the exclusive procedure for obtaining documents or things by subpoena from nonparties without deposing the custodian or other person in possession of the documents or things pursuant to rule 1.310. (b) Procedure. A party desiring production under this rule shall serve notice as provided in Florida Rule of General Practice and Judicial Administration 2.516 on every other party of the intent to serve a subpoena under this rule at least 10 days before the subpoena is issued if service is by delivery or e-mail and 15 days before the subpoena is issued if the service is by mail. The proposed subpoena shall be attached to the notice and shall state the time, place, and method for production of the documents or things, and the name and address of the person who is to produce the documents or things, if known, and if not known, a general description sufficient to identify the person or the particular class or group to which the person belongs; shall include a designation of the items to be produced; and shall state that the person who will be asked to produce the documents or things has the right to object to the production under this rule and that the person will not be required to surrender the documents or things. A copy of the notice and proposed subpoena shall not be furnished to the person upon whom the subpoena is to be served. If any party serves an objection to production under this rule within 10 days of service of the notice, the documents or things shall not be produced pending resolution of the objection in accordance with subdivision (d). (c) Subpoena. If no objection is made by a party under subdivision (b), an attorney of record in the action may issue a subpoena or the party desiring production shall deliver to the clerk for issuance a subpoena together with a certificate of counsel or pro se party that no timely objection has been

received from any party, and the clerk shall issue the subpoena and deliver it to the party desiring production. Service within the state of Florida of a nonparty subpoena shall be deemed sufficient if it complies with rule 1.410(d) or if (1) service is accomplished by mail or hand delivery by a commercial delivery service, and (2) written confirmation of delivery, with the date of service and the name and signature of the person accepting the subpoena, is obtained and filed by the party seeking production. The subpoena shall be identical to the copy attached to the notice and shall specify that no testimony may be taken and shall require only pro-duction of the documents or things specified in it. The subpoena may give the recipient an option to deliver or mail legible copies of the documents or things to the party serving the subpoena. The person upon whom the subpoena is served may condition the preparation of copies on the payment in advance of the reasonable costs of preparing the copies. The subpoena shall require production only in the county of the residence of the custodian or other person in possession of the documents or things or in the county where the documents or things are located or where the custodian or person in possession usually conducts business. If the person upon whom the subpoena is served objects at any time before the production of the documents or things, the documents or things shall not be produced under this rule, and relief may be obtained pursuant to rule 1.310. (d) Ruling on Objection. If an objection is made by a party under subdivision (b), the party desiring production may file a motion with the court seeking a ruling on the objection or may proceed pursuant to rule 1.310. (e) Copies Furnished. If the subpoena is complied with by delivery or mailing of copies as provided in subdivision (c), the party receiving the copies shall furnish a legible copy of each item furnished to any other party who requests it upon the payment of the reasonable cost of preparing the copies. (f) Independent Action. This rule does not affect the right of any party to bring an independent action for production of documents and things or permission to enter upon land. COMMITTEE NOTES 1980 Adoption. This rule is designed to eliminate the need of taking a

deposition of a records custodian when the person seeking discovery wants copies of the records only. It authorizes objections by any other party as well as the custodian of the records. If any person objects, recourse must be had to rule 1.310. 1996 Amendment. This rule was amended to avoid premature production of documents by nonparties, to clarify the clerk’s role in the process, and to further clarify that any objection to the use of this rule does not contemplate a hearing before the court but directs the party to rule 1.310 to obtain the desired production. This amendment is not intended to preclude all communication between parties and nonparties. It is intended only to prohibit a party from prematurely sending to a nonparty a copy of the required notice or the proposed subpoena. This rule was also amended along with rule 1.410 to allow attorneys to issue subpoenas. See Committee Note for rule 1.410. 2007 Amendment. Subdivisions (b) and (d) were amended to permit a party seeking nonparty discovery to have other parties’ objections resolved by the court. 2010 Amendment. Subdivision (a) is amended to clarify that the procedure set forth in rule 1.351, not rule 1.310, shall be followed when requesting or receiving documents or things, without testimony, from nonparties pursuant to a subpoena. 2012 Amendment. Subdivision (b) is amended to include e-mail service as provided in Fla. R. Jud. Admin. 2.516.

« Rule 1.360. » Fla. R. Civ. P. 1.360

RULE 1.360. EXAMINATION OF PERSONS. (a) Request; Scope. (1) Any party may request any other party to submit to, or to produce a person in that other party’s custody or legal control for, examination by a qualified expert when the condition which is the subject of the requested examination is in controversy. (A) When the physical condition of a party or other person under subdivision (a)(1) is in controversy, the request may be served on the plaintiff without leave of court after commencement of the action, and on any other person with or after service of the process and initial pleading on that party. The request shall specify a reasonable time, place, manner, conditions, and scope of the examination and the person or persons by whom the examination is to be made. The party to whom the request is directed shall serve a response within 30 days after service of the request, except that a defendant need not serve a response until 45 days after service of the process and initial pleading on that defendant. The court may allow a shorter or longer time. The response shall state that the examination will be permitted as requested unless the request is objected to, in which event the reasons for the objection shall be stated. If the examination is to be recorded or observed by others, the request or response shall also include the number of people attending, their role, and the method or methods of recording. (B) In cases where the condition in controversy is not physical, a party may move for an examination by a qualified expert as in subdivision (a)(1). The order for examination shall be made only after notice to the person to be examined and to all parties, and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made. (C) Any minor required to submit to examination pursuant to this rule shall have the right to be accompanied by a parent or guardian at all times during the examination, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on

the minor’s examination. (2) An examination under this rule is authorized only when the party submitting the request has good cause for the examination. At any hearing the party submitting the request shall have the burden of showing good cause. (3) Upon request of either the party requesting the examination, or the party or person to be examined, the court may establish protective rules governing such examination. (b) Report of Examiner. (1) If requested by the party to whom a request for examination or against whom an order is made under subdivision (a)(1)(A) or (a)(1)(B) or by the person examined, the party requesting the examination to be made shall deliver to the other party a copy of a detailed written report of the examiner setting out the examiner’s findings, including results of all tests made, diagnosis, and conclusions, with similar reports of all earlier examinations of the same condition. After delivery of the detailed written report, the party requesting the examination to be made shall be entitled upon request to receive from the party to whom the request for examination or against whom the order is made a similar report of any examination of the same condition previously or thereafter made, unless in the case of a report of examination of a person not a party the party shows the inability to obtain it. On motion, the court may order delivery of a report on such terms as are just; and if an examiner fails or refuses to make a report, the court may exclude the examiner’s testimony if offered at the trial. (2) By requesting and obtaining a report of the examination so ordered or requested or by taking the deposition of the examiner, the party examined waives any privilege that party may have in that action or any other involving the same controversy regarding the testimony of every other person who has examined or may thereafter examine that party concerning the same condition. (3) This subdivision applies to examinations made by agreement of the parties unless the agreement provides otherwise. This subdivision does not preclude discovery of a report of an examiner or taking the deposition of

the examiner in accordance with any other rule. (c) Examiner as Witness. The examiner may be called as a witness by any party to the action, but shall not be identified as appointed by the court. COMMITTEE NOTES 1972 Amendment. Derived from Federal Rule of Civil Procedure 35 as amended in 1970. The good cause requirement under this rule has been retained so that the requirements of Schlagenhauf v. Holder, 379 U.S. 104, 85 S. Ct. 234, 13 L. Ed. 2d 152 (1964), have not been affected. Subdivision (b) is changed to make it clear that reports can be obtained whether an order for the examination has been entered or not and that all earlier reports of the same condition can also be obtained. 1988 Amendment. This amendment to subdivision (a) is intended to broaden the scope of rule 1.360 to accommodate the examination of a person by experts other than physicians.

« Rule 1.370. » Fla. R. Civ. P. 1.370

RULE 1.370. REQUESTS FOR ADMISSION. (a) Request for Admission. A party may serve upon any other party a written request for the admission of the truth of any matters within the scope of rule 1.280(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. Without leave of court the request may be served upon the plaintiff after commencement of the action and upon any other party with or after service of the process and initial pleading upon that party. The request for admission shall not exceed 30 requests, including all subparts, unless the court permits a larger number on motion and notice and for good cause, or the parties propounding and responding to the requests stipulate to a larger number. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter within 30 days after service of the request or such shorter or longer time as the court may allow but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the process and initial pleading upon the defendant. If objection is made, the reasons shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless that party states that that party has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not object to the request on that ground alone; the party may deny the matter or set forth reasons why the party cannot admit or

deny it, subject to rule 1.380(c). The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. Instead of these orders the court may determine that final disposition of the request be made at a pretrial conference or at a designated time before trial. The provisions of Rule 1.380(a)(4) apply to the award of expenses incurred in relation to the motion. (b) Effect of Admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to rule 1.200 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved by it and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining an action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission for any other purpose nor may it be used against that party in any other proceeding. COMMITTEE NOTES 1972 Amendment. Derived from Federal Rule of Civil Procedure 36 as amended in 1970. The rule is changed to eliminate distinctions between questions of opinion, fact, and mixed questions. The time sequences are changed in accordance with the other discovery rules, and case law is incorporated by providing for amendment and withdrawal of the answers and for judicial scrutiny to determine the sufficiency of the answers. 2003 Amendment. The total number of requests for admission that may be served without leave of court is limited to 30, including all subparts.

« Rule 1.380. » Fla. R. Civ. P. 1.380

RULE 1.380. FAILURE TO MAKE DISCOVERY; SANCTIONS. (a) Motion for Order Compelling Discovery. Upon reasonable notice to other parties and all persons affected, a party may apply for an order compelling discovery as follows: (1) Appropriate Court. An application for an order to a party may be made to the court in which the action is pending or in accordance with rule 1.310(d). An application for an order to a deponent who is not a party shall be made to the circuit court where the deposition is being taken. (2) Motion. If a deponent fails to answer a question propounded or submitted under rule 1.310 or 1.320, or a corporation or other entity fails to make a designation under rule 1.310(b)(6) or 1.320(a), or a party fails to answer an interrogatory submitted under rule 1.340, or if a party in response to a request for inspection submitted under rule 1.350 fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, or if a party in response to a request for examination of a person submitted under rule 1.360(a) objects to the examination, fails to respond that the examination will be permitted as requested, or fails to submit to or to produce a person in that party’s custody or legal control for examination, the discovering party may move for an order compelling an answer, or a designation or an order compelling inspection, or an order compelling an examination in accordance with the request. The motion must include a certification that the movant, in good faith, has conferred or attempted to confer with the person or party failing to make the discovery in an effort to secure the information or material without court action. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before applying for an order. If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to rule 1.280(c). (3) Evasive or Incomplete Answer. For purposes of this subdivision an evasive or incomplete answer shall be treated as a failure to answer. (4) Award of Expenses of Motion. If the motion is granted and after

opportunity for hearing, the court shall require the party or deponent whose conduct necessitated the motion or the party or counsel advising the conduct to pay to the moving party the reasonable expenses incurred in obtaining the order that may include attorneys’ fees, unless the court finds that the movant failed to certify in the motion that a good faith effort was made to obtain the discovery without court action, that the opposition to the motion was substantially justified, or that other circumstances make an award of expenses unjust. If the motion is denied and after opportunity for hearing, the court shall require the moving party to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion that may include attorneys’ fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred as a result of making the motion among the parties and persons. (b) Failure to Comply with Order. (1) If, after being ordered to do so by the court, a deponent fails to be sworn or to answer a question or produce documents, the failure may be considered a contempt of the court. (2) If a party or an officer, director, or managing agent of a party or a person designated under rule 1.310(b)(6) or 1.320(a) to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under subdivision (a) of this rule or rule 1.360, the court in which the action is pending may make any of the following orders: (A) An order that the matters regarding which the questions were asked or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order. (B) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence. (C) An order striking out pleadings or parts of them or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part of it, or rendering a judgment by default against

the disobedient party. (D) Instead of any of the foregoing orders or in addition to them, an order treating as a contempt of court the failure to obey any orders except an order to submit to an examination made pursuant to rule 1.360(a)(1)(B) or subdivision (a)(2) of this rule. (E) When a party has failed to comply with an order under rule 1.360(a)(1)(B) requiring that party to produce another for examination, the orders listed in paragraphs (A), (B), and (C) of this subdivision, unless the party failing to comply shows the inability to produce the person for examination. Instead of any of the foregoing orders or in addition to them, the court shall require the party failing to obey the order to pay the reasonable expenses caused by the failure, which may include attorneys’ fees, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. (c) Expenses on Failure to Admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under rule 1.370 and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, the requesting party may file a motion for an order requiring the other party to pay the requesting party the reasonable expenses incurred in making that proof, which may include attorneys’ fees. The court shall issue such an order at the time a party requesting the admissions proves the genuineness of the document or the truth of the matter, upon motion by the requesting party, unless it finds that (1) the request was held objectionable pursuant to rule 1.370(a), (2) the admission sought was of no substantial importance, or (3) there was other good reason for the failure to admit. (d) Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection. If a party or an officer, director, or managing agent of a party or a person designated under rule 1.310(b)(6) or 1.320(a) to testify on behalf of a party fails (1) to appear before the officer who is to take the deposition after being served with a proper notice, (2) to serve answers or objections to interrogatories submitted under rule 1.340 after proper service of the interrogatories, or (3) to serve a written response to a request for inspection submitted under rule 1.350 after

proper service of the request, the court in which the action is pending may take any action authorized under paragraphs (A), (B), and (C) of subdivision (b)(2) of this rule. Any motion specifying a failure under clause (2) or (3) of this subdivision shall include a certification that the movant, in good faith, has conferred or attempted to confer with the party failing to answer or respond in an effort to obtain such answer or response without court action. Instead of any order or in addition to it, the court shall require the party failing to act to pay the reasonable expenses caused by the failure, which may include attorneys’ fees, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The failure to act described in this subdivision may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by rule 1.280(c). (e) Failure to Preserve Electronically Stored Information. If electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it, and it cannot be restored or replaced through additional discovery, the court: (1) upon finding prejudice to another party from loss of the information, may order measures no greater than necessary to cure the prejudice; or (2) only upon finding that the party acted with the intent to deprive another party of the information’s use in the litigation may: (A) presume that the lost information was unfavorable to the party; (B) instruct the jury that it may or must presume the information was unfavorable to the party; or (C) dismiss the action or enter a default judgment. COMMITTEE NOTES 1972 Amendment. Derived from Federal Rule of Civil Procedure 37 as amended in 1970. Subdivision (a)(3) is new and makes it clear that an evasive or incomplete answer is a failure to answer under the rule. Other clarifying changes have been made within the general scope of the rule to ensure that complete coverage of all discovery failures is afforded.

2003 Amendment. Subdivision (c) is amended to require a court to make a ruling on a request for reimbursement at the time of the hearing on the requesting party’s motion for entitlement to such relief. The court may, in its discretion, defer ruling on the amount of the costs or fees in order to hold an evidentiary hearing whenever convenient to the court and counsel. 2005 Amendment. Following the example of Federal Rule of Civil Procedure 37 as amended in 1993, language is included in subdivision (a)(2) that requires litigants to seek to resolve discovery disputes by informal means before filing a motion with the court. This requirement is based on successful experience with the federal rule as well as similar local rules of state trial courts. Subdivision (a)(4) is revised to provide that a party should not be awarded its expenses for filing a motion that might have been avoided by conferring with opposing counsel. Subdivision (d) is revised to require that, where a party failed to file any response to a rule 1.340 interrogatory or a rule 1.350 request, the discovering party should attempt to obtain such responses before filing a motion for sanctions. 2012 Amendment. Subdivision (e) is added to make clear that a party should not be sanctioned for the loss of electronic evidence due to the goodfaith operation of an electronic information system; the language mirrors that of Federal Rule of Civil Procedure 37(e). Nevertheless, the good-faith requirement contained in subdivision (e) should prevent a party from exploiting the routine operation of an information system to thwart discovery obligations by allowing that operation to destroy information that party is required to preserve or produce. In determining good faith, the court may consider any steps taken by the party to comply with court orders, party agreements, or requests to preserve such information. 2013 Amendment. This rule was amended to add “substantially” before “justified” in subdivisions (a)(4), (b)(2), and (d), to make the rule internally consistent and to make it more consistent with Federal Rule of Civil Procedure 37, from which it was derived. 2019 Amendment. Subdivision (e) of this rule was amended to make it consistent with Federal Rule of Civil Procedure 37(e).

« Rule 1.390. » Fla. R. Civ. P. 1.390

RULE 1.390. DEPOSITIONS OF EXPERT WITNESSES. (a) Definition. The term “expert witness” as used herein applies exclusively to a person duly and regularly engaged in the practice of a profession who holds a professional degree from a university or college and has had special professional training and experience, or one possessed of special knowledge or skill about the subject upon which called to testify. (b) Procedure. The testimony of an expert or skilled witness may be taken at any time before the trial in accordance with the rules for taking depositions and may be used at trial, regardless of the place of residence of the witness or whether the witness is within the distance prescribed by rule 1.330(a)(3). No special form of notice need be given that the deposition will be used for trial. (c) Fee. An expert or skilled witness whose deposition is taken shall be allowed a witness fee in such reasonable amount as the court may determine. The court shall also determine a reasonable time within which payment must be made, if the deponent and party can not agree. All parties and the deponent shall be served with notice of any hearing to determine the fee. Any reasonable fee paid to an expert or skilled witness may be taxed as costs. (d) Applicability. Nothing in this rule shall prevent the taking of any deposition as otherwise provided by law. COMMITTEE NOTES 1972 Amendment. This rule has caused more difficulty in recent years than any other discovery rule. It was enacted as a statute originally to make the presentation of expert testimony less expensive and less onerous to the expert and to admit the expert’s deposition at trial regardless of the expert’s residence. In spite of its intent, courts seem determined to misconstrue the plain language of the rule and cause complications that the committee and the legislature did not envisage. See Owca v. Zemzicki, 137 So. 2d 876 (Fla. 2d DCA 1962); Cook v. Lichtblau, 176 So. 2d 523 (Fla. 2d DCA 1965); and Bondy v. West, 219 So. 2d 117 (Fla. 2d DCA 1969). The committee hopes the amendment to subdivision (b) will show that the intent of the rule is to permit a deposition taken of an expert in conformity with any rule for the taking of a

deposition to be admitted, if otherwise admissible under the rules of evidence, regardless of the residence of the expert. In short, the rule eliminates the necessity of any of the requirements of rule 1.330(a)(3) when the deposition offered is that of an expert. 1988 Amendment. Subdivision (c) has been amended to clarify the procedure to be used in paying an expert witness for his or her appearance at a deposition.

« Rule 1.410. » Fla. R. Civ. P. 1.410

RULE 1.410. SUBPOENA. (a) Subpoena Generally. Subpoenas for testimony before the court, subpoenas for production of tangible evidence, and subpoenas for taking depositions may be issued by the clerk of court or by any attorney of record in an action. (b) Subpoena for Testimony Before the Court. (1) Every subpoena for testimony before the court must be issued by an attorney of record in an action or by the clerk under the seal of the court and must state the name of the court and the title of the action and must command each person to whom it is directed to attend and give testimony at a time and place specified in it. (2) On oral request of an attorney or party and without praecipe, the clerk must issue a subpoena for testimony before the court or a subpoena for the production of documentary evidence before the court signed and sealed but otherwise in blank, both as to the title of the action and the name of the person to whom it is directed, and the subpoena must be filled in before service by the attorney or party. (c) For Production of Documentary Evidence. A subpoena may also command the person to whom it is directed to produce the books, documents (including electronically stored information), or tangible things designated therein, but the court, on motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive, or (2) condition denial of the motion on the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, documents, or tangible things. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. A person responding to a subpoena may object to discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue costs or burden. On motion to compel discovery or to quash, the person from whom discovery is sought

must show that the information sought or the form requested is not reasonably accessible because of undue costs or burden. If that showing is made, the court may nonetheless order discovery from such sources or in such forms if the requesting party shows good cause, considering the limitations set out in rule 1.280(d)(2). The court may specify conditions of the discovery, including ordering that some or all of the expenses of the discovery be paid by the party seeking the discovery. A party seeking production of evidence at trial which would be subject to a subpoena may compel such production by serving a notice to produce such evidence on an adverse party as provided in rule 1.080. Such notice shall have the same effect and be subject to the same limitations as a subpoena served on the party. (d) Service. A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party and who is not less than 18 years of age. Service of a subpoena on a person named within must be made as provided by law. Proof of such service must be made by affidavit of the person making service except as applicable under rule 1.351(c) for the production of documents and things by a nonparty without deposition, if not served by an officer authorized by law to do so. (e) Subpoena for Taking Depositions. (1) Filing a notice to take a deposition as provided in rule 1.310(b) or 1.320(a) with a certificate of service on it showing service on all parties to the action constitutes an authorization for the issuance of subpoenas for the persons named or described in the notice by the clerk of the court in which the action is pending or by an attorney of record in the action. The subpoena must state the method for recording the testimony. A party intending to audiovisually record a deposition must state in the subpoena that the deposition is to be audiovisually recorded and identify the method for audiovisually recording the deposition, including, if applicable, the name and address of the operator of the audiovisual recording equipment. If a party intends to take a deposition by communication technology, the subpoena must state the deposition is to be taken using communication technology, identify the specific form of communication technology to be used, and provide instructions for access to the communication technology. The subpoena may command the person to whom it is directed to produce designated books, documents, or tangible things that constitute or contain

evidence relating to any of the matters within the scope of the examination permitted by rule 1.280(b), but in that event the subpoena will be subject to the provisions of rule 1.280(c) and subdivision (c) of this rule. Within 10 days after its service, or on or before the time specified in the subpoena for compliance if the time is less than 10 days after service, the person to whom the subpoena is directed may serve written objection to inspection or copying of any of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. If objection has been made, the party serving the subpoena may move for an order at any time before or during the taking of the deposition on notice to the deponent. (2) A person may be required to attend an examination only in the county wherein the person resides or is employed or transacts business in person or at such other convenient place as may be fixed by an order of court. (f) Contempt. Failure by any person without adequate excuse to obey a subpoena served on that person may be deemed a contempt of the court from which the subpoena issued. (g) Depositions Before Commissioners Appointed in This State by Courts of Other States; Subpoena Powers; etc. When any person authorized by the laws of Florida to administer oaths is appointed by a court of record of any other state, jurisdiction, or government as commissioner to take the testimony of any named witness within this state, that witness may be compelled to attend and testify before that commissioner by witness subpoena issued by the clerk of any circuit court at the instance of that commissioner or by other process or proceedings in the same manner as if that commissioner had been appointed by a court of this state; provided that no document shall be compulsorily annexed as an exhibit to such deposition or otherwise permanently removed from the possession of the witness producing it, but in lieu thereof a photostatic copy may be annexed to and transmitted with such executed commission to the court of issuance. (h) Subpoena of Minor. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of

section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. COMMITTEE NOTES 1972 Amendment. Subdivisions (a) and (d) are amended to show the intent of the rule that subpoenas for deposition may not be issued in blank by the clerk, but only for trial. The reason for the distinction is valid. A subpoena for appearance before the court is not subject to abuse because the court can correct any attempt to abuse the use of blank subpoenas. Since a judge is not present at a deposition, additional protection for the parties and the deponent is required and subpoenas should not be issued in blank. Subdivision (d) is also modified to conform with the revised federal rule on subpoenas for depositions to permit an objection by the deponent to the production of material required by a subpoena to be produced. 1980 Amendment. Subdivision (c) is revised to conform with section 48.031, Florida Statutes (1979). 1996 Amendment. This rule is amended to allow an attorney (as referred to in Fla. R. Jud. Admin. 2.060(a)B(b)), as an officer of the court, and the clerk to issue subpoenas in the name of the court. This amendment is not intended to change any other requirement or precedent for the issuance or use of subpoenas. For example, a notice of taking the deposition must be filed and served before a subpoena for deposition may be issued. 2012 Amendment. Subdivision (c) is amended to reflect the relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin. 2.516. Subdivision (c) is amended to address the production of electronically stored information pursuant to a subpoena. The procedures for dealing with disputes concerning the accessibility of the information sought or the form for its production are intended to correspond to those set out in Rule 1.280(d).

« Rule 1.420. » Fla. R. Civ. P. 1.420

RULE 1.420. DISMISSAL OF ACTIONS. (a) Voluntary Dismissal. (1) By Parties. Except in actions in which property has been seized or is in the custody of the court, an action, a claim, or any part of an action or claim may be dismissed by plaintiff without order of court (A) before trial by serving, or during trial by stating on the record, a notice of dismissal at any time before a hearing on motion for summary judgment, or if none is served or if the motion is denied, before retirement of the jury in a case tried before a jury or before submission of a nonjury case to the court for decision, or (B) by filing a stipulation of dismissal signed by all current parties to the action. Unless otherwise stated in the notice or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication on the merits when served by a plaintiff who has once dismissed in any court an action based on or including the same claim. (2) By Order of Court; If Counterclaim. Except as provided in subdivision (a)(1) of this rule, an action shall not be dismissed at a party’s instance except on order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been served by a defendant prior to the service upon the defendant of the plaintiff’s notice of dismissal, the action shall not be dismissed against defendant’s objections unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice. (b) Involuntary Dismissal. Any party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply with these rules or any order of court. Notice of hearing on the motion shall be served as required under rule 1.090(d). After a party seeking affirmative relief in an action tried by the court without a jury has completed the presentation of evidence, any other party may move for a dismissal on the ground that on the facts and the law the party seeking affirmative relief has shown no right to relief, without waiving the right to offer evidence if the

motion is not granted. The court as trier of the facts may then determine them and render judgment against the party seeking affirmative relief or may decline to render judgment until the close of all the evidence. Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction or for improper venue or for lack of an indispensable party, operates as an adjudication on the merits. (c) Dismissal of Counterclaim, Crossclaim, or Third-Party Claim. The provisions of this rule apply to the dismissal of any counterclaim, crossclaim, or third-party claim. (d) Costs. Costs in any action dismissed under this rule shall be assessed and judgment for costs entered in that action, once the action is concluded as to the party seeking taxation of costs. When one or more other claims remain pending following dismissal of any claim under this rule, taxable costs attributable solely to the dismissed claim may be assessed and judgment for costs in that claim entered in the action, but only when all claims are resolved at the trial court level as to the party seeking taxation of costs. If a party who has once dismissed a claim in any court of this state commences an action based upon or including the same claim against the same adverse party, the court shall make such order for the payment of costs of the claim previously dismissed as it may deem proper and shall stay the proceedings in the action until the party seeking affirmative relief has complied with the order. (e) Failure to Prosecute. In all actions in which it appears on the face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 10 months, and no order staying the action has been issued nor stipulation for stay approved by the court, any interested person, whether a party to the action or not, the court, or the clerk of the court may serve notice to all parties that no such activity has occurred. If no such record activity has occurred within the 10 months immediately preceding the service of such notice, and no record activity occurs within the 60 days immediately following the service of such notice, and if no stay was issued or approved prior to the expiration of such 60-day period, the action shall be dismissed by the court on its own motion or on the motion of any interested person, whether a party to the action or not, after reasonable notice to the parties, unless a party shows good cause in writing at least 5 days before the hearing on the motion why the action should remain pending. Mere inaction

for a period of less than 1 year shall not be sufficient cause for dismissal for failure to prosecute. (f) Effect on Lis Pendens. If a notice of lis pendens has been filed in connection with a claim for affirmative relief that is dismissed under this rule, the notice of lis pendens connected with the dismissed claim is automatically dissolved at the same time. The notice, stipulation, or order shall be recorded. COMMITTEE NOTES 1976 Amendment. Subdivision (e) has been amended to prevent the dismissal of an action for inactivity alone unless 1 year has elapsed since the occurrence of activity of record. Nonrecord activity will not toll the 1-year time period. 1980 Amendment. Subdivision (e) has been amended to except from the requirement of record activity a stay that is ordered or approved by the court. 1992 Amendment. Subdivision (f) is amended to provide for automatic dissolution of lis pendens on claims that are settled even though the entire action may not have been dismissed. 2005 Amendment. Subdivision (e) has been amended to provide that an action may not be dismissed for lack of prosecution without prior notice to the claimant and adequate opportunity for the claimant to re-commence prosecution of the action to avert dismissal. COURT COMMENTARY 1984 Amendment. A perennial real property title problem occurs because of the failure to properly dispose of notices of lis pendens in the order of dismissal. Accordingly, the reference in subdivision (a)(1) to disposition of notices of lis pendens has been deleted and a separate subdivision created to automatically dissolve notices of lis pendens whenever an action is dismissed under this rule.

« Rule 1.430. » Fla. R. Civ. P. 1.430

RULE 1.430. DEMAND FOR JURY TRIAL; WAIVER. (a) Right Preserved. The right of trial by jury as declared by the Constitution or by statute shall be preserved to the parties inviolate. (b) Demand. Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other party a demand therefor in writing at any time after commencement of the action and not later than 10 days after the service of the last pleading directed to such issue. The demand may be indorsed upon a pleading of the party. (c) Specification of Issues. In the demand a party may specify the issues that the party wishes so tried; otherwise, the party is deemed to demand trial by jury for all issues so triable. If a party has demanded trial by jury for only some of the issues, any other party may serve a demand for trial by jury of any other or all of the issues triable by jury 10 days after service of the demand or such lesser time as the court may order. (d) Juror Participation Through Audio-Video Communication Technology. Prospective jurors may participate in voir dire or empaneled jurors may participate in the jury trial through audio-video communication technology, as described in Florida Rule of General Practice and Judicial Administration 2.530(c), if stipulated by the parties in writing and authorized by the court. The written stipulation and a written motion requesting authorization must be filed with the court within 60 days after service of a demand under subdivision (b) or within such other period as may be directed by the court. (e) Waiver. A party who fails to serve a demand as required by this rule waives trial by jury. If waived, a jury trial may not be granted without the consent of the parties, but the court may allow an amendment in the proceedings to demand a trial by jury or order a trial by jury on its own motion. A demand for trial by jury may not be withdrawn without the consent of the parties. COMMITTEE NOTES

1972 Amendment. Subdivision (d) is amended to conform to the decisions construing it. See Wood v. Warriner, 62 So. 2d 728 (Fla. 1953); Bittner v. Walsh, 132 So. 2d 799 (Fla. 1st DCA 1961); and Shores v. Murphy, 88 So. 2d 294 (Fla. 1956). It is not intended to overrule Wertman v. Tipping, 166 So. 2d 666 (Fla. 1st DCA 1964), that requires a moving party to show justice requires a jury.

« Rule 1.431. » Fla. R. Civ. P. 1.431

RULE 1.431. TRIAL JURY. (a) Questionnaire. (1) The circuit court may direct the authority charged by law with the selection of prospective jurors to furnish each prospective juror with a questionnaire in the form approved by the supreme court from time to time to assist the authority in selecting prospective jurors. The questionnaire must be used after the names of jurors have been selected as provided by law but before certification and the placing of the names of prospective jurors in the jury box. The questionnaire must be used to determine those who are not qualified to serve as jurors under any statutory ground of disqualification. (2) To assist in voir dire examination at trial, any court may direct the clerk to furnish prospective jurors selected for service with a questionnaire in the form approved by the supreme court from time to time. The prospective jurors must be asked to complete and return the forms. Completed forms may be inspected in the clerk’s office and copies must be available in court during the voir dire examination for use by parties and the court. (b) Examination by Parties. The parties have the right to examine jurors orally on their voir dire. The order in which the parties may examine each juror must be determined by the court. The court may ask such questions of the jurors as it deems necessary, but the right of the parties to conduct a reasonable examination of each juror orally must be preserved. (c) Challenge for Cause. (1) On motion of any party, the court must examine any prospective juror on oath to determine whether that person is related, within the third degree, to (i) any party, (ii) the attorney of any party, or (iii) any other person or entity against whom liability or blame is alleged in the pleadings, or is related to any person alleged to have been wronged or injured by the commission of the wrong for the trial of which the juror is called, or has any interest in the action, or has formed or expressed any opinion, or is sensible of any bias or prejudice concerning it, or is an employee or has

been an employee of any party or any other person or entity against whom liability or blame is alleged in the pleadings, within 30 days before the trial. A party objecting to the juror may introduce any other competent evidence to support the objection. If it appears that the juror does not stand indifferent to the action or any of the foregoing grounds of objection exists or that the juror is otherwise incompetent, another must be called in that juror’s place. (2) The fact that any person selected for jury duty from bystanders or the body of the county and not from a jury list lawfully selected has served as a juror in the court in which that person is called at any other time within 1 year is a ground of challenge for cause. (3) When the nature of any civil action requires a knowledge of reading, writing, and arithmetic, or any of them, to enable a juror to understand the evidence to be offered, the fact that any prospective juror does not possess the qualifications is a ground of challenge for cause. (d) Peremptory Challenges. Each party is entitled to 3 peremptory challenges of jurors, but when the number of parties on opposite sides is unequal, the opposing parties are entitled to the same aggregate number of peremptory challenges to be determined on the basis of 3 peremptory challenges to each party on the side with the greater number of parties. The additional peremptory challenges accruing to multiple parties on the opposing side must be divided equally among them. Any additional peremptory challenges not capable of equal division must be exercised separately or jointly as determined by the court. (e) Exercise of Challenges. All challenges must be addressed to the court outside the hearing of the jury in a manner selected by the court so that the jury panel is not aware of the nature of the challenge, the party making the challenge, or the basis of the court’s ruling on the challenge, if for cause. (f) Swearing of Jurors. No one shall be sworn as a juror until the jury has been accepted by the parties or until all challenges have been exhausted. (g) Alternate Jurors. (1) The court may direct that 1 or more jurors be impaneled to sit as alternate jurors in addition to the regular panel. Alternate jurors in the order in which they are called must replace jurors who have become

unable or disqualified to perform their duties before the jury retires to consider its verdict. Alternate jurors must be drawn in the same manner, have the same qualifications, be subject to the same examination, take the same oath, and have the same functions, powers, facilities, and privileges as principal jurors. An alternate juror who does not replace a principal juror must be discharged when the jury retires to consider the verdict. (2) If alternate jurors are called, each party is entitled to one peremptory challenge in the selection of the alternate juror or jurors, but when the number of parties on opposite sides is unequal, the opposing parties are entitled to the same aggregate number of peremptory challenges to be determined on the basis of 1 peremptory challenge to each party on the side with the greater number of parties. The additional peremptory challenges allowed pursuant to this subdivision may be used only against the alternate jurors. The peremptory challenges allowed pursuant to subdivision (d) of this rule must not be used against the alternate jurors. (h) Interview of a Juror. A party who believes that grounds for legal challenge to a verdict exist may move for an order permitting an interview of a juror or jurors to determine whether the verdict is subject to the challenge. The motion must be served within 15 days after rendition of the verdict unless good cause is shown for the failure to make the motion within that time. The motion must state the name and address of each juror to be interviewed and the grounds for challenge that the party believes may exist. After notice and hearing, the trial judge must enter an order denying the motion or permitting the interview. If the interview is permitted, the court may prescribe the place, manner, conditions, and scope of the interview. (i) Communication with the Jury. This rule governs all communication between the judge or courtroom personnel and jurors. (1) Communication to be on the Record. The court must notify the parties of any communication from the jury pertaining to the action as promptly as practicable and in any event before responding to the communication. Except as set forth below, all communications between the court or courtroom personnel and the jury must be on the record in open court or must be in writing and filed in the action. The court or courtroom personnel must note on any written communication to or from the jury the date and time it was delivered.

(2) Exception for Certain Routine Communication. The court must, by pretrial order or by statement on the record with opportunity for objection, set forth the scope of routine ex parte communication to be permitted and the limits imposed by the court with regard to such communication. (A) Routine ex parte communication between the bailiff or other courtroom personnel and the jurors, limited to juror comfort and safety, may occur off the record. (B) In no event shall ex parte communication between courtroom personnel and jurors extend to matters that may affect the outcome of the trial, including statements containing any fact or opinion concerning a party, attorney, or procedural matter or relating to any legal issue or lawsuit. (3) Instructions to Jury. During voir dire, the court must instruct the jurors and courtroom personnel regarding the limitations on communication between the court or courtroom personnel and jurors. On empanelling the jury, the court must instruct the jurors that their questions are to be submitted in writing to the court, which will review them with the parties and counsel before responding. (4) Notification of Jury Communication. Courtroom personnel must immediately notify the court of any communication to or from a juror or among jurors in contravention of the court’s orders or instructions, including all communication contrary to the requirements of this rule. COMMITTEE NOTES 1971 Adoption. Subdivision (a) is new. It is intended to replace section 40.101, Florida Statutes, declared unconstitutional in Smith v. Portante, 212 So. 2d 298 (Fla. 1968), after supplying the deficiencies in the statute. It is intended to simplify the task of selecting prospective jurors, both for the venire and for the panel for trial in a particular action. The forms referred to in subdivision (a) are forms 1.983 and 1.984. Subdivisions (b)-(e) are sections 53.031, 53.021, 53.011, and 53.051, Florida Statutes, without substantial change. 1976 Amendment. Subdivision (e) has been added to establish a

procedure for challenging jurors without members of the panel knowing the source of the challenge, to avoid prejudice. Subdivision (f) is a renumbering of the previously enacted rule regarding alternate jurors. Subdivision (g) has been added to establish a procedure for interviewing jurors. See also Canons of Professional Responsibility DR 7-108. 1988 Amendment. Subdivision (f) has been added to ensure the right to “back-strike” prospective jurors until the entire panel has been accepted in civil cases. This right to back-strike until the jurors have been sworn has been long recognized in Florida. Florida Rock Industries, Inc. v. United Building Systems, Inc., 408 So. 2d 630 (Fla. 5th DCA 1982). However, in the recent case of Valdes v. State, 443 So. 2d 223 (Fla. 1st DCA 1984), the court held that it was not error for a court to swear jurors one at a time as they were accepted and thereby prevent retrospective peremptory challenges. The purpose of this subdivision is to prevent the use of individual swearing of jurors in civil cases. Former subdivisions (f) and (g) have been redesignated as (g) and (h) respectively. 1992 Amendment. Subdivision (g)(2) is amended to minimize the inequity in numbers of peremptory challenges allowed in selecting alternate jurors in actions with multiple parties. 2005 Amendment. Subdivision (c)(1) is amended to ensure that prospective jurors may be challenged for cause based on bias in favor of or against nonparties against whom liability or blame may be alleged in accordance with the decisions in Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993), or Nash v. Wells Fargo Guard Services, Inc., 678 So. 2d 1262 (Fla. 1996). 2013 Amendment. Subdivision (i) governs the responsibility of the court for ensuring that parties and their counsel are aware of all contact with the jury that could affect the outcome of the case. Trial judges may have differing views on what constitutes harmless or routine ex parte communication with jurors. Reasonable variations are therefore permitted, provided the judge adequately advises counsel, before the trial begins, of the specific circumstances under which the court has determined that jury communications will not be reported to the parties. The rule does not prevent the bailiff or other courtroom personnel from discussing such routine matters as juror parking, location of break areas, how and when to assemble for duty,

dress, and which items of a juror’s personal property may be brought into the courthouse or jury room. However, for example, questions or remarks from a juror about such matters as the length of a witness’s testimony, when court will adjourn on a given day, or how long the trial may take to complete should be reported to the judge, as these matters may be of interest to the parties. Any doubt as to whether a communication may or may not be of interest to the parties should be resolved in favor of promptly informing the court, the parties, and counsel, even if it is after the fact. This will best ensure that the parties have the opportunity to object to any improper communication and give the court an opportunity to cure any prejudice, if an objection is made.

« Rule 1.440. » Fla. R. Civ. P. 1.440

RULE 1.440. SETTING ACTION FOR TRIAL. (a) When at Issue. An action is at issue after any motions directed to the last pleading served have been disposed of or, if no such motions are served, 20 days after service of the last pleading. The party entitled to serve motions directed to the last pleading may waive the right to do so by filing a notice for trial at any time after the last pleading is served. The existence of crossclaims among the parties shall not prevent the court from setting the action for trial on the issues raised by the complaint, answer, and any answer to a counterclaim. (b) Notice for Trial. Thereafter any party may file and serve a notice that the action is at issue and ready to be set for trial. The notice must include an estimate of the time required, indicate whether the trial is to be by a jury or not and whether the trial is on the original action or a subsequent proceeding, and, if applicable, indicate that the court has authorized the participation of prospective jurors or empaneled jurors through audio-video communication technology under rule 1.430(d). The clerk must then submit the notice and the case file to the court. (c) Setting for Trial. If the court finds the action ready to be set for trial, it shall enter an order fixing a date for trial. Trial shall be set not less than 30 days from the service of the notice for trial. By giving the same notice the court may set an action for trial. In actions in which the damages are not liquidated, the order setting an action for trial shall be served on parties who are in default in accordance with Florida Rule of General Practice and Judicial Administration 2.516. (d) Applicability. This rule does not apply to actions to which chapter 51, Florida Statutes (1967), applies or to cases designated as complex pursuant to rule 1.201. COMMITTEE NOTES 1972 Amendment. All references to the pretrial conference are deleted because these are covered in rule 1.200.

1980 Amendment. Subdivision (b) is amended to specify whether the trial will be on the original pleadings or subsequent pleadings under rule 1.110(h). 1988 Amendment. Subdivision (c) was amended to clarify a confusion regarding the notice for trial which resulted from a 1968 amendment. 2012 Amendment. Subdivision (c) is amended to reflect the relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin. 2.516. COURT COMMENTARY 1984 Amendment. Subdivision (a) is amended by adding a sentence to emphasize the authority given in rule 1.270(b) for the severing of issues for trial. Subdivision (c) is amended to delete the reference to law actions so that the rule will apply to all actions in which unliquidated damages are sought.

« Rule 1.442. » Fla. R. Civ. P. 1.442

RULE 1.442. PROPOSALS FOR SETTLEMENT. (a) Applicability. This rule applies to all proposals for settlement authorized by Florida law, regardless of the terms used to refer to such offers, demands, or proposals, and supersedes all other provisions of the rules and statutes that may be inconsistent with this rule. (b) Service of Proposal. A proposal to a defendant shall be served no earlier than 90 days after service of process on that defendant; a proposal to a plaintiff shall be served no earlier than 90 days after the action has been commenced. No proposal shall be served later than 45 days before the date set for trial or the first day of the docket on which the case is set for trial, whichever is earlier. (c) Form and Content of Proposal for Settlement. (1) A proposal shall be in writing and shall identify the applicable Florida law under which it is being made. (2) A proposal shall: (A) name the party or parties making the proposal and the party or parties to whom the proposal is being made; (B) state that the proposal resolves all damages that would otherwise be awarded in a final judgment in the action in which the proposal is served, subject to subdivision (F); (C) exclude nonmonetary terms, with the exceptions of a voluntary dismissal of all claims with prejudice and any other nonmonetary terms permitted by statute; (D) state the total amount of the proposal; (E) state with particularity the amount proposed to settle a claim for punitive damages, if any; (F) state whether the proposal includes attorneys’ fees and whether attorneys’ fee are part of the legal claim; and (G) include a certificate of service in the form required by Florida

Rule of General Practice and Judicial Administration 2.516. (3) A proposal may be made by or to any party or parties and by or to any combination of parties properly identified in the proposal. A joint proposal shall state the amount and terms attributable to each party. (4) Notwithstanding subdivision (c)(3), when a party is alleged to be solely vicariously, constructively, derivatively, or technically liable, whether by operation of law or by contract, a joint proposal made by or served on such a party need not state the apportionment or contribution as to that party. Acceptance by any party shall be without prejudice to rights of contribution or indemnity. (d) Service and Filing. A proposal shall be served on the party or parties to whom it is made but shall not be filed unless necessary to enforce the provisions of this rule. (e) Withdrawal. A proposal may be withdrawn in writing provided the written withdrawal is delivered before a written acceptance is delivered. Once withdrawn, a proposal is void. (f) Acceptance and Rejection. (1) A proposal shall be deemed rejected unless accepted by delivery of a written notice of acceptance within 30 days after service of the proposal. The provisions of Florida Rule of General Practice and Judicial Administration 2.514(b) do not apply to this subdivision. No oral communications shall constitute an acceptance, rejection, or counteroffer under the provisions of this rule. (2) In any case in which the existence of a class is alleged, the time for acceptance of a proposal for settlement is extended to 30 days after the date the order granting or denying certification is filed. (g) Sanctions. Any party seeking sanctions pursuant to applicable Florida law, based on the failure of the proposal’s recipient to accept a proposal, shall do so by serving a motion in accordance with rule 1.525. (h) Costs and Fees. (1) If a party is entitled to costs and fees pursuant to applicable Florida law, the court may, in its discretion, determine that a proposal was not made in good faith. In such case, the court may disallow an award of costs

and attorneys’ fees. (2) When determining the reasonableness of the amount of an award of attorneys’ fees pursuant to this section, the court shall consider, along with all other relevant criteria, the following factors: (A) The then-apparent merit or lack of merit in the claim. (B) The number and nature of proposals made by the parties. (C) The closeness of questions of fact and law at issue. (D) Whether the party making the proposal had unreasonably refused to furnish information necessary to evaluate the reasonableness of the proposal. (E) Whether the suit was in the nature of a test case presenting questions of far-reaching importance affecting nonparties. (F) The amount of the additional delay cost and expense that the party making the proposal reasonably would be expected to incur if the litigation were to be prolonged. (i) Evidence of Proposal. Evidence of a proposal or acceptance thereof is admissible only in proceedings to enforce an accepted proposal or to determine the imposition of sanctions. (j) Effect of Mediation. Mediation shall have no effect on the dates during which parties are permitted to make or accept a proposal for settlement under the terms of the rule. COMMITTEE NOTES 1996 Amendment. This rule was amended to reconcile, where possible, sections 44.102(6) (formerly 44.102(5)(b)), 45.061, 73.032, and 768.79, Florida Statutes, and the decisions of the Florida Supreme Court in Knealing v. Puleo, 675 So. 2d 593 (Fla. 1996), TGI Friday’s, Inc. v. Dvorak, 663 So. 2d 606 (Fla. 1995), and Timmons v. Combs, 608 So. 2d 1 (Fla. 1992). This rule replaces former rule 1.442, which was repealed by the Timmons decision, and supersedes those sections of the Florida Statutes and the prior decisions of the court, where reconciliation is impossible, in order to provide a workable structure for proposing settlements in civil actions. The provision

which requires that a joint proposal state the amount and terms attributable to each party is in order to conform with Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993). 2000 Amendment. Subdivision (f)(2) was added to establish the time for acceptance of proposals for settlement in class actions. “Filing” is defined in rule 1.080(e). Subdivision (g) is amended to conform with new rule 1.525. 2012 Amendment. Subdivision (c)(2)(G) is amended to reflect the relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin. 2.516. 2013 Amendment. Subdivision (f)(1) was amended to reflect the relocation of the rule regarding additional time after service by mail or e-mail from rule 1.090(e) to Fla. R. Jud. Admin. 2.514(b). 2013 Amendment. Subdivision (c)(2)(B) is amended to clarify that a proposal for settlement must resolve all claims between the proponent and the party to whom the proposal is made except claims for attorneys’ fees, which may or may not be resolved in the proposal.

« Rule 1.450. » Fla. R. Civ. P. 1.450

RULE 1.450. EVIDENCE. (a) Record of Excluded Evidence. In an action tried by a jury if an objection to a question propounded to a witness is sustained by the court, the examining attorney may make a specific offer of what the attorney expects to prove by the answer of the witness. The court may require the offer to be made out of the hearing of the jury. The court may add such other or further statement as clearly shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. In actions tried without a jury the same procedure may be followed except that the court upon request shall take and report the evidence in full unless it clearly appears that the evidence is not admissible on any ground or that the witness is privileged. (b) Filing. When documentary evidence is introduced in an action, the clerk or the judge shall endorse an identifying number or symbol on it and when proffered or admitted in evidence, it shall be filed by the clerk or judge and considered in the custody of the court and not withdrawn except with written leave of court. COMMITTEE NOTES 1971 Amendment. Subdivision (d) is amended to eliminate the necessity of a court order for disposal of exhibits. The clerk must retain the exhibits for 1 year unless the court permits removal earlier. If removal is not effected within the year, the clerk may destroy or dispose of the exhibits after giving the specified notice. 1996 Amendment. Former subdivision (a) entitled “Adverse Witness” is deleted because it is no longer needed or appropriate because the matters with which it deals are treated in the Florida Evidence Code. COURT COMMENTARY 1984 Amendment. Subdivision (d) was repealed by the supreme court; see 403 So. 2d 926.

Subdivision (e): This rule was originally promulgated by the supreme court in Carter v. Sparkman, 335 So. 2d 802, 806 (Fla. 1976). In The Florida Bar, in re Rules of Civil Procedure, 391 So. 2d 165 (Fla. 1980), the court requested the committee to consider the continued appropriateness of rule 1.450(e). In response, the committee recommended its deletion. After oral argument in The Florida Bar: In re Rules of Civil Procedure, 429 So. 2d 311, the court specifically declined to abolish the rule or to adopt a similar rule for other types of actions. The committee again considered rule 1.450(e) in depth and at length and again recommends its deletion for the reason that no exception should be made in the rule to a particular type of action. Subdivision (f): The West’s Desk Copy Florida Rules of Court, at page 62, points out: “The per curiam opinion of the Florida Supreme Court of June 21, 1979 (403 So.2d 926) provides: ‘On March 8, 1979, the Court proposed new Rule 1.450 of the Florida Rules of Civil Procedure which would provide for the disposal of exhibits and depositions in civil matters. Absent further action by the Court, the proposed rule was to become effective July 2, 1979. The Court has carefully considered the responses received regarding proposed Rule 1.450(f) and now feels that the July 2, 1979, effective date does not allow sufficient time for full reflection on matters raised in these responses. Therefore, the effective date for Rule 1.450(f) is, by this order, delayed until further order of the Court.”’ The retention of court records is the subject of Florida Rule of Judicial Administration 2.075.

« Rule 1.452. » Fla. R. Civ. P. 1.452

RULE 1.452. QUESTIONS BY JURORS. (a) Questions Permitted. The court shall permit jurors to submit to the court written questions directed to witnesses or to the court. Such questions will be submitted after all counsel have concluded their questioning of a witness. (b) Procedure. Any juror who has a question directed to the witness or the court shall prepare an unsigned, written question and give the question to the bailiff, who will give the question to the judge. (c) Objections. Out of the presence of the jury, the judge will read the question to all counsel, allow counsel to see the written question, and give counsel an opportunity to object to the question.

« Rule 1.455. » Fla. R. Civ. P. 1.455

RULE 1.455. JUROR NOTEBOOKS. In its discretion, the court may authorize documents and exhibits to be included in notebooks for use by the jurors during trial to aid them in performing their duties.

« Rule 1.460. » Fla. R. Civ. P. 1.460

RULE 1.460. CONTINUANCES. A motion for continuance shall be in writing unless made at a trial and, except for good cause shown, shall be signed by the party requesting the continuance. The motion shall state all of the facts that the movant contends entitle the movant to a continuance. If a continuance is sought on the ground of nonavailability of a witness, the motion must show when it is believed the witness will be available. COMMITTEE NOTES 1980 Amendment. Subdivision (a), deleted by amendment, was initially adopted when trials were set at a docket sounding prescribed by statute. Even then, the rule was honored more in the breach than the observance. Trials are no longer uniformly set in that manner, and continuances are granted generally without reference to the rule. Under the revised rule, motions for continuance can be filed at any time that the need arises and need not be in writing if the parties are before the court. 1988 Amendment. The supreme court, by adopting Florida Rule of Judicial Administration 2.085(c), effective July 1, 1986, required all motions for continuance to be signed by the litigant requesting the continuance. The amendment conforms rule 1.460 to rule 2.085(c); but, by including an exception for good cause, it recognizes that circumstances justifying a continuance may excuse the signature of the party.

« Rule 1.470. » Fla. R. Civ. P. 1.470

RULE 1.470. EXCEPTIONS INSTRUCTIONS.

UNNECESSARY;

JURY

(a) Adverse Ruling. For appellate purposes no exception shall be necessary to any adverse ruling, order, instruction, or thing whatsoever said or done at the trial or prior thereto or after verdict, which was said or done after objection made and considered by the trial court and which affected the substantial rights of the party complaining and which is assigned as error. (b) Instructions to Jury. The Florida Standard Jury Instructions appearing on The Florida Bar’s website may be used, as provided in Florida Rule of General Practice and Judicial Administration 2.570, by the trial judges in instructing the jury in civil actions. Not later than at the close of the evidence, the parties shall file written requests that the court instruct the jury on the law set forth in such requests. The court shall then require counsel to appear before it to settle the instructions to be given. At such conference, all objections shall be made and ruled upon and the court shall inform counsel of such instructions as it will give. No party may assign as error the giving of any instruction unless that party objects thereto at such time, or the failure to give any instruction unless that party requested the same. The court shall orally instruct the jury before or after the arguments of counsel and may provide appropriate instructions during the trial. If the instructions are given prior to final argument, the presiding judge shall give the jury final procedural instructions after final arguments are concluded and prior to deliberations. The court shall provide each juror with a written set of the instructions for his or her use in deliberations. The court shall file a copy of such instructions. (c) Orders on New Trial, Directed Verdicts, etc. It shall not be necessary to object or except to any order granting or denying motions for new trials, directed verdicts, or judgments non obstante veredicto or in arrest of judgment to entitle the party against whom such ruling is made to have the same reviewed by an appellate court. COMMITTEE NOTES

1988 Amendment. The word “general” in the third sentence of subdivision (b) was deleted to require the court to specifically inform counsel of the charges it intends to give. The last sentence of that subdivision was amended to encourage judges to furnish written copies of their charges to juries. 2010 Amendment. Portions of form 1.985 were modified and moved to subdivision (b) of rule 1.470 to require the court to use published standard instructions where applicable and necessary, to permit the judge to vary from the published standard jury instructions and notes only when necessary to accurately and sufficiently instruct the jury, and to require the parties to object to preserve error in variance from published standard jury instructions and notes. 2014 Amendment. Florida Standard Jury Instructions include the Florida Standard Jury Instructions—Contract and Business Cases.

« Rule 1.480. » Fla. R. Civ. P. 1.480

RULE 1.480. MOTION FOR A DIRECTED VERDICT. (a) Effect. A party who moves for a directed verdict at the close of the evidence offered by the adverse party may offer evidence in the event the motion is denied without having reserved the right to do so and to the same extent as if the motion had not been made. The denial of a motion for a directed verdict shall not operate to discharge the jury. A motion for a directed verdict shall state the specific grounds therefor. The order directing a verdict is effective without any assent of the jury. (b) Reservation of Decision on Motion. When a motion for a directed verdict is denied or for any reason is not granted, the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion. Within 15 days after the return of a verdict, a party who has timely moved for a directed verdict may serve a motion to set aside the verdict and any judgment entered thereon and to enter judgment in accordance with the motion for a directed verdict. If a verdict was not returned, a party who has timely moved for a directed verdict may serve a motion for judgment in accordance with the motion for a directed verdict within 15 days after discharge of the jury. (c) Joined with Motion for New Trial. A motion for a new trial may be joined with this motion or a new trial may be requested in the alternative. If a verdict was returned, the court may allow the judgment to stand or may reopen the judgment and either order a new trial or direct the entry of judgment as if the requested verdict had been directed. If no verdict was returned, the court may direct the entry of judgment as if the requested verdict had been directed or may order a new trial. COMMITTEE NOTES 1996 Amendment. Subdivision (b) is amended to clarify that the time limitations in this rule are based on service. 2010 Amendment. Subdivision (b) is amended to conform to 2006 changes to Federal Rule of Civil Procedure 50(b) eliminating the requirement for renewing at the close of all the evidence a motion for directed verdict

already made at the close of an adverse party’s evidence. 2013 Amendment. Subdivision (b) is amended to change the time for service of a motion from 10 to 15 days after the specified event.

« Rule 1.481. » Fla. R. Civ. P. 1.481

RULE 1.481. VERDICTS. In all actions when punitive damages are sought, the verdict shall state the amount of punitive damages separately from the amounts of other damages awarded.

« Rule 1.490. » Fla. R. Civ. P. 1.490

RULE 1.490. MAGISTRATES. (a) General Magistrates. Judges of the circuit court may appoint as many general magistrates from among the members of the Bar in the circuit as the judges find necessary, and the general magistrates shall continue in office until removed by the court. The order making an appointment shall be recorded. Every person appointed as a general magistrate shall take the oath required of officers by the Constitution and the oath shall be recorded before the magistrate discharges any duties of that office. (b) Special Magistrates. The court may appoint members of The Florida Bar as special magistrates for any particular service required by the court, and they shall be governed by all the provisions of law and rules relating to magistrates except they shall not be required to make oath or give bond unless specifically required by the order appointing them. Upon a showing that the appointment is advisable, a person other than a member of the Bar may be appointed. (c) Reference. No reference shall be to a magistrate, either general or special, without the consent of the parties. When a reference is made to a magistrate, either party may set the action for hearing before the magistrate. (d) General Powers and Duties. Every magistrate shall perform all of the duties that pertain to the office according to the practice in chancery and under the direction of the court. Process issued by a magistrate shall be directed as provided by law. Hearings before any magistrate, examiner, or commissioner shall be held in the county where the action is pending, but hearings may be held at any place by order of court within or without the state to meet the convenience of the witnesses or the parties. All grounds of disqualification of a judge shall apply to magistrates. Magistrates shall not practice law of the same case type in the court in any county or circuit the magistrate is appointed to served. (e) Bond. When not otherwise provided by law, the court may require magistrates who are appointed to dispose of real or personal property to give bond and surety conditioned for the proper payment of all moneys that may come into their hands and for the due performance of their duties as the court

may direct. The bond shall be made payable to the State of Florida and shall be for the benefit of all persons aggrieved by any act of the magistrate. (f) Notice of Hearings. The magistrate shall assign a time and place for proceedings as soon as reasonably possible after the reference is made and give notice to each of the parties. The notice or order setting a matter for hearing before the magistrate must state if electronic recording or a court reporter will be used to create a record of the proceedings. If electronic recording is to be used, the notice must state that any party may have a court reporter transcribe the record of the proceedings at that party’s expense. If any party fails to appear, the magistrate may proceed ex parte or may adjourn the proceeding to a future day, giving notice to the absent party of the adjournment. (g) Hearings. The magistrate shall proceed with reasonable diligence in every reference and with the least practicable delay. Any party may apply to the court for an order to the magistrate to speed the proceedings and to make the report and to certify to the court the reason for any delay. The evidence shall be taken by the magistrate or by some other person under the magistrate’s authority in the magistrate’s presence and shall be filed with the magistrate’s report. The magistrate shall have authority to examine on oath the parties and all witnesses produced by the parties on all matters contained in the reference and to require production of all books, papers, writings, vouchers, and other documents applicable to the referenced matters. The magistrate shall admit evidence by deposition or that is otherwise admissible in court. The magistrate may take all actions concerning evidence that can be taken by the court and in the same manner. All parties accounting before a magistrate shall bring in their accounts in the form of accounts payable and receivable, and any other parties who are not satisfied with the account may examine the accounting party orally or by interrogatories or deposition as the magistrate directs. All depositions and documents that have been taken or used previously in the action may be used before the magistrate. (h) Magistrate’s Report. The magistrate must file the report on the referenced matters and served copies on all parties, and include the name and address of any court reporter who transcribed the proceedings. The magistrate’s report must contain the following language in bold type: IF YOU WISH TO SEEK REVIEW OF THE REPORT AND

RECOMMENDATIONS MADE BY THE MAGISTRATE, YOU MUST FILE EXCEPTIONS IN ACCORDANCE WITH FLORIDA RULE OF CIVIL PROCEDURE 1.490(i). YOU WILL BE REQUIRED TO PROVIDE THE COURT WITH A RECORD SUFFICIENT TO SUPPORT YOUR EXCEPTIONS OR YOUR EXCEPTIONS WILL BE DENIED. A RECORD ORDINARILY INCLUDES A WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS. THE PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT PREPARED IF NECESSARY FOR THE COURT’S REVIEW. (i) Filing Report; Notice; Exceptions. The parties may file exceptions to the report within 10 days after it is served. Any party may file crossexceptions within 5 days from the service of the exceptions. If no exceptions are timely filed, the court shall take appropriate action on the report. If exceptions are timely filed, the court shall resolve the exceptions at a hearing on reasonable notice. The filing of cross-exceptions shall not delay a hearing on the exceptions and cross-exceptions unless good cause is shown. (j) Record. A party filing exceptions to the magistrate’s report must provide the court in advance of the hearing a record sufficient to support that party’s exceptions. (1) The record shall include the court file, designated portions of the transcript of proceedings before the magistrate, and all depositions and evidence presented to the magistrate. The designated transcript portions must be delivered to the court and all other parties at least 48 hours before the hearing. (2) If the party filing exceptions has the court reporter prepare less than a full transcript of proceedings before the magistrate, that party must promptly file a notice designating the portions of the transcript that have been ordered. The other parties must be given reasonable time after service of the notice to arrange for the preparation and designation of other portions of the transcript for the court to consider at the hearing. COMMITTEE NOTES 1971 Amendment. The entire rule has been revised. Obsolete language has been omitted and changes made to meet objections shown by the use of local rules in many circuits. Subdivisions (a) and (b) are not substantially

changed. Subdivision (c) is shortened and eliminates the useless priority for setting the matter for hearing to permit either party to go forward. Subdivision (d) eliminates the right of the parties to stipulate to the place of hearing. Subdivision (e) is not substantially changed. Subdivisions (f), (g), (h), and (i) are combined. The right to use affidavits is eliminated because of the unavailability of cross-examination and possible constitutional questions. The vague general authority of the magistrate under subdivision (g) is made specific by limiting it to actions that the court could take. Subdivision (j) is repealed because it is covered in the new subdivision (f). Subdivision (g) is the same as former subdivision (k) after eliminating the reference to affidavits. Subdivision (h) is the same as former subdivision (l). 1980 Amendment. Subdivision (d) is amended to delete the specific reference to the direction of process so that process issued by the master will be governed by the law applicable to process generally. COURT COMMENTARY 1984 Amendment. The consent of all parties is required for any reference to a special master. Special masters may be used as provided by statute even with the rule change. See Slatcoff v. Dezen, 74 So. 2d 59 (Fla. 1954).

« Rule 1.491. » Fla. R. Civ. P. 1.491

RULE 1.491. GENERAL MAGISTRATES FOR RESIDENTIAL MORTGAGE FORECLOSURE MATTERS. (a) General Magistrates for Residential Mortgage Foreclosure. The chief judge of each judicial circuit shall appoint such number of general magistrates to handle only residential mortgage foreclosures from among the members of the Bar in the circuit as are necessary to expeditiously preside over all actions and suits for the foreclosure of a mortgage on residential real property; and any other matter concerning the foreclosure of a mortgage on residential real property as allowed by the administrative order of the chief judge. Such general magistrates shall continue in office until removed by the court. The order making an appointment shall be recorded. Every person appointed as a general magistrate shall take the oath required of officers by the Constitution and the oath shall be recorded before the magistrate discharges any duties of that office. General magistrates appointed to handle residential mortgage foreclosure matters only shall not be required to give bond or surety. (b) Reference. (1) Consent to a magistrate for residential mortgage foreclosure actions and suits may be express or may be implied in accordance with the requirements of this rule. (A) A written objection to the referral to a magistrate handling residential mortgage foreclosures must be filed within 10 days of the service of the order of referral or within the time to respond to the initial pleading, whichever is later. (B) If the time set for the hearing is less than 10 days after service of the order of referral, the objection must be filed before commencement of the hearing. (C) Failure to file a written objection to a referral to the magistrate handling residential mortgage foreclosures within the applicable time period is deemed to be consent to the order of referral. (2) The order of referral to a magistrate handling residential mortgage

foreclosures shall be in substantial conformity with this rule and shall contain the following language in bold type: A REFERRAL TO A MAGISTRATE FOR A RESIDENTIAL MORTGAGE FORECLOSURE MATTER REQUIRES THE CONSENT OF ALL PARTIES. YOU ARE ENTITLED TO HAVE THIS MATTER HEARD BEFORE A JUDGE. IF YOU DO NOT WANT TO HAVE THIS MATTER HEARD BEFORE A MAGISTRATE, YOU MUST FILE A WRITTEN OBJECTION TO THE REFERRAL WITHIN 10 DAYS OF THE TIME OF SERVICE OF THIS ORDER OR WITHIN THE TIME TO RESPOND TO THE INITIAL PLEADING, WHICHEVER IS LATER. IF THE TIME SET FOR THE HEARING IS LESS THAN 10 DAYS AFTER THE SERVICE OF THIS ORDER, THE OBJECTION MUST BE MADE BEFORE THE HEARING. FAILURE TO FILE A WRITTEN OBJECTION WITHIN THE APPLICABLE TIME PERIOD IS DEEMED TO BE CONSENT TO THE REFERRAL. REVIEW OF THE REPORT AND RECOMMENDATIONS MADE BY THE MAGISTRATE SHALL BE BY EXCEPTIONS AS PROVIDED IN THIS RULE. A RECORD, WHICH INCLUDES A TRANSCRIPT OF PROCEEDINGS, MAY BE REQUIRED TO SUPPORT THE EXCEPTIONS. When a reference is made to a magistrate, either party may set the action for hearing before the magistrate. (c) General Powers and Duties. The provisions for the general powers and duties of a magistrate in rule 1.490(d) shall apply to proceedings under this rule. (d) Notice of Hearings; Hearings. The provisions for notice of hearings and hearings in rules 1.490(f)-(g) shall apply to proceedings under this rule. (e) Magistrate’s Report. The provisions for the requirement of the magistrate’s report in rule 1.490(h) shall apply to proceedings under this rule. (f) Filing Report; Notice; Exceptions; Record. The provisions for filing the report, notice, exceptions to the report, and requirements for a record in rule 1.490(i)—(j) shall apply to proceedings under this rule. COMMITTEE NOTES 2014 Adoption. This rule is the result of an emergency petition by the

Trial Court Budget Commission and is intended to alleviate the backlog of residential mortgage foreclosure cases that Florida courts are currently facing. 2015 Amendment. The changes are intended to adopt certain procedural changes made to rule 1.490 by In re Amendments to Florida Rules of Civil Procedure, 131 So. 3d 643 (Fla. 2013).

« Rule 1.500. » Fla. R. Civ. P. 1.500

RULE 1.500. DEFAULTS AND FINAL JUDGMENTS THEREON. (a) By the Clerk. When a party against whom affirmative relief is sought has failed to file or serve any document in the action, the party seeking relief may have the clerk enter a default against the party failing to serve or file such document. (b) By the Court. When a party against whom affirmative relief is sought has failed to plead or otherwise defend as provided by these rules or any applicable statute or any order of court, the court may enter a default against such party; provided that if such party has filed or served any document in the action, that party must be served with notice of the application for default. (c) Right to Plead. A party may plead or otherwise defend at any time before default is entered. If a party in default files any document after the default is entered, the clerk must notify the party of the entry of the default. The clerk must make an entry on the progress docket showing the notification. (d) Setting aside Default. The court may set aside a default, and if a final judgment consequent thereon has been entered, the court may set it aside in accordance with rule 1.540(b). (e) Final Judgment. Final judgments after default may be entered by the court at any time, but no judgment may be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other representative who has appeared in it or unless the court has made an order under rule 1.210(b) providing that no representative is necessary for the infant or incompetent. If it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter to enable the court to enter judgment or to effectuate it, the court may receive affidavits, make references, or conduct hearings as it deems necessary and must accord a right of trial by jury to the parties when required by the Constitution or any statute. COURT COMMENTARY

1984 Amendment. Subdivision (c) is amended to change the method by which the clerk handles papers filed after a default is entered. Instead of returning the papers to the party in default, the clerk will now be required to file them and merely notify the party that a default has been entered. The party can then take whatever action the party believes is appropriate. This is to enable the court to judge the effect, if any, of the filing of any paper upon the default and the propriety of entering final judgment without notice to the party against whom the default was entered.

« Rule 1.510. » Fla. R. Civ. P. 1.510

RULE 1.510. SUMMARY JUDGMENT. (a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense— or the part of each claim or defense—on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court shall state on the record the reasons for granting or denying the motion. The summary judgment standard provided for in this rule shall be construed and applied in accordance with the federal summary judgment standard. (b) Time to File a Motion. A party may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party. The movant must serve the motion for summary judgment at least 40 days before the time fixed for the hearing. (c) Procedures. (1) Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by: (A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or (B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact. (2) Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence. (3) Materials Not Cited. The court need consider only the cited materials, but it may consider other materials in the record. (4) Affidavits or Declarations. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out

facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated. (5) Timing for Supporting Factual Positions. At the time of filing a motion for summary judgment, the movant must also serve the movant’s supporting factual position as provided in subdivision (1) above. At least 20 days before the time fixed for the hearing, the nonmovant must serve a response that includes the nonmovant’s supporting factual position as provided in subdivision (1) above. (d) When Facts Are Unavailable to the Nonmovant. If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) defer considering the motion or deny it; (2) allow time to obtain affidavits or declarations or to take discovery; or (3) issue any other appropriate order. (e) Failing to Properly Support or Address a Fact. If a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by rule 1.510(c), the court may: (1) give an opportunity to properly support or address the fact; (2) consider the fact undisputed for purposes of the motion; (3) grant summary judgment if the motion and supporting materials— including the facts considered undisputed—show that the movant is entitled to it; or (4) issue any other appropriate order. (f) Judgment Independent of the Motion. After giving notice and a reasonable time to respond, the court may: (1) grant summary judgment for a nonmovant; (2) grant the motion on grounds not raised by a party; or (3) consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute. (g) Failing to Grant All the Requested Relief. If the court does not grant all the relief requested by the motion, it may enter an order stating any

material fact—including an item of damages or other relief—that is not genuinely in dispute and treating the fact as established in the case. (h) Affidavit or Declaration Submitted in Bad Faith. If satisfied that an affidavit or declaration under this rule is submitted in bad faith or solely for delay, the court—after notice and a reasonable time to respond—may order the submitting party to pay the other party the reasonable expenses, including attorney’s fees, it incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions. COMMITTEE NOTES 1976 Amendment. Subdivision (c) has been amended to require a movant to state with particularity the grounds and legal authority which the movant will rely upon in seeking summary judgment. This amendment will eliminate surprise and bring the summary judgment rule into conformity with the identical provision in rule 1.140(b) with respect to motions to dismiss. 1992 Amendment. The amendment to subdivision (c) will require timely service of opposing affidavits, whether by mail or by delivery, prior to the day of the hearing on a motion for summary judgment. 2005 Amendment. Subdivision (c) has been amended to ensure that the moving party and the adverse party are each given advance notice of and, where appropriate, copies of the evidentiary material on which the other party relies in connection with a summary judgment motion. 2012 Amendment. Subdivision (c) is amended to reflect the relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin. 2.516. 2021 Amendment. The rule is amended to adopt almost all the text of Federal Rule of Civil Procedure 56. The “federal summary judgment standard” refers to the principles announced in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986), and Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986), and more generally to case law interpreting Federal Rule of Civil Procedure 56.

« Rule 1.520. » Fla. R. Civ. P. 1.520

RULE 1.520. VIEW. Upon motion of either party the jury may be taken to view the premises or place in question or any property, matter, or thing relating to the controversy between the parties when it appears that view is necessary to a just decision; but the party making the motion shall advance a sum sufficient to defray the expenses of the jury and the officer who attends them in taking the view, which expense shall be taxed as costs if the party who advanced it prevails.

« Rule 1.525. » Fla. R. Civ. P. 1.525

RULE 1.525. MOTIONS FOR COSTS AND ATTORNEYS’ FEES. Any party seeking a judgment taxing costs, attorneys’ fees, or both shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal, which judgment or notice concludes the action as to that party. COMMITTEE NOTES 2000 Adoption. This rule is intended to establish a time requirement to serve motions for costs and attorneys’ fees. COURT COMMENTARY 2000 Adoption. This rule only establishes time requirements for serving motions for costs, attorneys’ fees, or both, and in no way affects or overrules the pleading requirements outlined by this Court in Stockman v. Downs, 573 So. 2d 835 (Fla. 1991).

« Rule 1.530. » Fla. R. Civ. P. 1.530

RULE 1.530. MOTIONS FOR NEW TRIAL AND REHEARING; AMENDMENTS OF JUDGMENTS; REMITTITUR OR ADDITUR. (a) Jury and Non-Jury Actions. A new trial may be granted to all or any of the parties and on all or a part of the issues. To preserve for appeal a challenge to the sufficiency of a trial court’s findings in the final judgment, a party must raise that issue in a motion for rehearing under this rule. On a motion for a rehearing of matters heard without a jury, including summary judgments, the court may open the judgment if one has been entered, take additional testimony, and enter a new judgment. (b) Time for Motion. A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action. A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined. (c) Time for Serving Affidavits. When a motion for a new trial is based on affidavits, the affidavits must be served with the motion. The opposing party has 10 days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits. (d) On Initiative of Court. Not later than 15 days after the date of filing of the judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party, the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party. (e) When Motion Is Unnecessary; Non-Jury Action. In a non-jury action, the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection thereto in the trial court or made a motion for rehearing, for new trial, or to alter or amend the judgment. (f) Order Granting to Specify Grounds. All orders granting a new trial must state the specific grounds therefor. If such an order is appealed and does

not state the specific grounds, the appellate court shall relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial. (g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment shall be served not later than 15 days after the date of filing of the judgment, except that this rule does not affect the remedies in rule 1.540(b). (h) Motion for Remittitur or Additur. (1) Not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action, any party may serve a motion for remittitur or additur. The motion must state the applicable Florida law under which it is being made, the amount the movant contends the verdict should be, and the specific evidence that supports the amount stated or a statement of the improper elements of damages included in the damages award. (2) If a remittitur or additur is granted, the court must state the specific statutory criteria relied on. (3) Any party adversely affected by the order granting remittitur or additur may reject the award and elect a new trial on the issue of damages only by filing a written election within 15 days after the order granting remittitur or additur is filed. COMMITTEE NOTES 1992 Amendment. In subdivision (e), the reference to assignments of error is eliminated to conform to amendments to the Florida Rules of Appellate Procedure. 2013 Amendment. Subdivisions (b) and (g) are amended to change the deadlines for service of certain motions from 10 to 15 days after the specified event. Subdivision (d) is amended to change the deadline for a court to act of its own initiative. COURT COMMENTARY 1984 Amendment. Subdivision (b): This clarifies the time in which a motion for rehearing may be served. It specifies that the date of filing as

shown on the face of the judgment in a non-jury action is the date from which the time for serving a motion for rehearing is calculated. There is no change in the time for serving a motion for new trial in a jury action, except the motion may be served before the rendition of the judgment. 2022 Amendments. The amendment to subdivision (a) does not address or affect, by negative implication, any other instance in which a motion for rehearing is or might be necessary to preserve an issue for appellate review.

« Rule 1.540. » Fla. R. Civ. P. 1.540

RULE 1.540. RELIEF FROM JUDGMENT, DECREES, OR ORDERS. (a) Clerical Mistakes. Clerical mistakes in judgments, decrees, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the record on appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court. (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment, decree, or order is void; or (5) that the judgment, decree, or order has been satisfied, released, or discharged, or a prior judgment, decree, or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment, decree, or order should have prospective application. The motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding was entered or taken. A motion under this subdivision does not affect the finality of a judgment, decree, or order or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order, or proceeding or to set aside a judgment or decree for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of review and

bills in the nature of a bill of review are abolished, and the procedure for obtaining any relief from a judgment or decree shall be by motion as prescribed in these rules or by an independent action. COMMITTEE NOTES 1992 Amendment. Subdivision (b) is amended to remove the 1-year limitation for a motion under this rule based on fraudulent financial affidavits in marital cases. 2003 Amendment. Subdivision (b) is amended to clarify that motions must be filed.

« Rule 1.545. » Fla. R. Civ. P. 1.545

RULE 1.545. FINAL DISPOSITION FORM. A final disposition form (form 1.998) must be filed with the clerk by the prevailing party at the time of the filing of the order or judgment which disposes of the action. If the action is settled without a court order or judgment being entered, or dismissed by the parties, the plaintiff or petitioner immediately must file a final disposition form (form 1.998) with the clerk. The clerk must complete the final disposition form for a party appearing pro se, or when the action is dismissed by court order for lack of prosecution pursuant to rule 1.420(e). COMMITTEE NOTES 2016 Amendment. This rule is identical to former rule 1.100(c)(3).

« Rule 1.550. » Fla. R. Civ. P. 1.550

RULE 1.550. EXECUTIONS AND FINAL PROCESS. (a) Issuance. Executions on judgments shall issue during the life of the judgment on the oral request of the party entitled to it or that party’s attorney without praecipe. No execution or other final process shall issue until the judgment on which it is based has been recorded nor within the time for serving a motion for new trial or rehearing, and if a motion for new trial or rehearing is timely served, until it is determined; provided execution or other final process may be issued on special order of the court at any time after judgment. (b) Stay. The court before which an execution or other process based on a final judgment is returnable may stay such execution or other process and suspend proceedings thereon for good cause on motion and notice to all adverse parties.

« Rule 1.560. » Fla. R. Civ. P. 1.560

RULE 1.560. DISCOVERY IN AID OF EXECUTION. (a) In General. In aid of a judgment, decree, or execution the judgment creditor or the successor in interest, when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided in these rules. (b) Fact Information Sheet. In addition to any other discovery available to a judgment creditor under this rule, the court, at the request of the judgment creditor, shall order the judgment debtor or debtors to complete form 1.977, including all required attachments, within 45 days of the order or such other reasonable time as determined by the court. Failure to obey the order may be considered contempt of court. (c) Final Judgment Enforcement Paragraph. In any final judgment, the judge shall include the following enforcement paragraph if requested by the prevailing party or attorney: “It is further ordered and adjudged that the judgment debtor(s) shall complete under oath Florida Rule of Civil Procedure Form 1.977 (Fact Information Sheet), including all required attachments, and serve it on the judgment creditor’s attorney, or the judgment creditor if the judgment creditor is not represented by an attorney, within 45 days from the date of this final judgment, unless the final judgment is satisfied or post-judgment discovery is stayed. Jurisdiction of this case is retained to enter further orders that are proper to compel the judgment debtor(s) to complete form 1.977, including all required attachments, and serve it on the judgment creditor’s attorney, or the judgment creditor if the judgment creditor is not represented by an attorney.” (d) Information Regarding Assets of Judgment Debtor’s Spouse. In any final judgment, if requested by the judgment creditor, the court shall include the additional Spouse Related Portion of the fact information sheet upon a showing that a proper predicate exists for discovery of separate income and assets of the judgment debtor’s spouse. COMMITTEE NOTES

1972 Amendment. The rule is expanded to permit discovery in any manner permitted by the rules and conforms to the 1970 change in Federal Rule of Civil Procedure 69(a). 2000 Amendment. Subdivisions (b)-(e) were added and patterned after Florida Small Claims Rule 7.221(a) and Form 7.343. Although the judgment creditor is entitled to broad discovery into the judgment debtor’s finances, Fla. R. Civ. P. 1.280(b); Jim Appley’s Tru-Arc, Inc. v. Liquid Extraction Systems, 526 So. 2d 177, 179 (Fla. 2d DCA 1988), inquiry into the individual assets of the judgment debtor’s spouse may be limited until a proper predicate has been shown. Tru-Arc, Inc. 526 So. 2d at 179; Rose Printing Co. v. D’Amato, 338 So. 2d 212 (Fla. 3d DCA 1976). Failure to complete form 1.977 as ordered may be considered contempt of court. 2013 Amendment. Subdivision (e) was deleted because the filing of a notice of compliance is unnecessary for the judgment creditor to seek relief from the court for noncompliance with this rule, and because the Fact Information Sheet itself should not be filed with the clerk of the court.

« Rule 1.570. » Fla. R. Civ. P. 1.570

RULE 1.570. ENFORCEMENT OF FINAL JUDGMENTS. (a) Money Judgments. Final process to enforce a judgment solely for the payment of money shall be by execution, writ of garnishment, or other appropriate process or proceedings. (b) Property Recovery. Final process to enforce a judgment for the recovery of property shall be by a writ of possession for real property and by a writ of replevin, distress writ, writ of garnishment, or other appropriate process or proceedings for other property. (c) Performance of an Act. If judgment is for the performance of a specific act or contract: (1) the judgment shall specify the time within which the act shall be performed. If the act is not performed within the time specified, the party seeking enforcement of the judgment shall make an affidavit that the judgment has not been complied with within the prescribed time and the clerk shall issue a writ of attachment against the delinquent party. The delinquent party shall not be released from the writ of attachment until that party has complied with the judgment and paid all costs accruing because of the failure to perform the act. If the delinquent party cannot be found, the party seeking enforcement of the judgment shall file an affidavit to this effect and the court shall issue a writ of sequestration against the delinquent party’s property. The writ of sequestration shall not be dissolved until the delinquent party complies with the judgment; (2) the court may hold the disobedient party in contempt; or (3) the court may appoint some person, not a party to the action, to perform the act insofar as practicable. The performance of the act by the person appointed shall have the same effect as if performed by the party against whom the judgment was entered. (d) Vesting Title. If the judgment is for a conveyance, transfer, release, or acquittance of real or personal property, the judgment shall have the effect of a duly executed conveyance, transfer, release, or acquittance that is recorded in the county where the judgment is recorded. A judgment under this

subdivision shall be effective notwithstanding any disability of a party. (e) Proceedings Supplementary. Proceedings supplementary to execution and related discovery shall proceed as provided by chapter 56, Florida Statutes. Notices to Appear, as defined by law, and supplemental complaints in proceedings supplementary must be served as provided by the law and rules of procedure for service of process. COMMITTEE NOTES 1980 Amendment. This rule has been subdivided and amended to make it more easily understood. No change in the substance of the rule is intended. Subdivision (d) is partly derived from Federal Rule of Civil Procedure 70. 2018 Amendment. Subdivision (e) has been added to address legislative amendments to chapter 56, Florida Statutes (2016).

« Rule 1.580. » Fla. R. Civ. P. 1.580

RULE 1.580. WRIT OF POSSESSION. (a) Issuance. When a judgment or order is for the delivery of possession of real property, the judgment or order shall direct the clerk to issue a writ of possession. The clerk shall issue the writ forthwith and deliver it to the sheriff for execution. (b) Third-Party Claims. If a person other than the party against whom the writ of possession is issued is in possession of the property, that person may retain possession of the property by filing with the sheriff an affidavit that the person is entitled to possession of the property, specifying the nature of the claim. Thereupon the sheriff shall desist from enforcing the writ and shall serve a copy of the affidavit on the party causing issuance of the writ of possession. The party causing issuance of the writ may apply to the court for an order directing the sheriff to complete execution of the writ. The court shall determine the right of possession in the property and shall order the sheriff to continue to execute the writ or shall stay execution of the writ, if appropriate. COMMITTEE NOTES 1980 Amendment. There was inadvertently continued the difference between writs of assistance and writs of possession when law and chancery procedure was consolidated. The amendment eliminates the distinction. Writs of assistance are combined with writs of possession. The amendment provides for issuance and the determination of third-party claims. The only change is to shift the burden of the affidavit from the person causing the writ to be executed to the third person who contends that its execution is inappropriate.

« Rule 1.590. » Fla. R. Civ. P. 1.590

RULE 1.590. PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES. Every person who is not a party to the action who has obtained an order, or in whose favor an order has been made, may enforce obedience to such order by the same process as if that person were a party, and every person, not a party, against whom obedience to any order may be enforced shall be liable to the same process for enforcing obedience to such orders as if that person were a party.

« Rule 1.600. » Fla. R. Civ. P. 1.600

RULE 1.600. DEPOSITS IN COURT. In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of a sum of money or the disposition of any other thing capable of delivery, a party may deposit all or any part of such sum or thing with the court upon notice to every other party and by leave of court. Money paid into court under this rule shall be deposited and withdrawn by order of court.

« Rule 1.610. » Fla. R. Civ. P. 1.610

RULE 1.610. INJUNCTIONS. (a) Temporary Injunction. (1) A temporary injunction may be granted without written or oral notice to the adverse party only if: (A) it appears from the specific facts shown by affidavit or verified pleading that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant’s attorney certifies in writing any efforts that have been made to give notice and the reasons why notice should not be required. (2) No evidence other than the affidavit or verified pleading shall be used to support the application for a temporary injunction unless the adverse party appears at the hearing or has received reasonable notice of the hearing. Every temporary injunction granted without notice shall be endorsed with the date and hour of entry and shall be filed forthwith in the clerk’s office and shall define the injury, state findings by the court why the injury may be irreparable, and give the reasons why the order was granted without notice if notice was not given. The temporary injunction shall remain in effect until the further order of the court. (b) Bond. No temporary injunction shall be entered unless a bond is given by the movant in an amount the court deems proper, conditioned for the payment of costs and damages sustained by the adverse party if the adverse party is wrongfully enjoined. Unless otherwise specified by the court, the bond shall be posted within 5 days of entry of the order setting the bond. When any injunction is issued on the pleading of a municipality or the state or any officer, agency, or political subdivision thereof, the court may require or dispense with a bond, with or without surety, and conditioned in the same manner, having due regard for the public interest. No bond shall be required for issuance of a temporary injunction issued solely to prevent physical injury or abuse of a natural person.

(c) Form and Scope. Every injunction shall specify the reasons for entry, shall describe in reasonable detail the act or acts restrained without reference to a pleading or another document, and shall be binding on the parties to the action, their officers, agents, servants, employees, and attorneys and on those persons in active concert or participation with them who receive actual notice of the injunction. (d) Motion to Dissolve. A party against whom a temporary injunction has been granted may move to dissolve or modify it at any time. If a party moves to dissolve or modify, the motion shall be heard within 5 days after the movant applies for a hearing on the motion. COMMITTEE NOTES 1980 Amendment. This rule has been extensively amended so that it is similar to Federal Rule of Civil Procedure 65. The requirement that an injunction not be issued until a complaint was filed has been deleted as unnecessary. A pleading seeking an injunction or temporary restraining order must still be filed before either can be entered. The rule now provides for a temporary restraining order without notice that will expire automatically unless a hearing on a preliminary injunction is held and a preliminary injunction granted. The contents of an injunctive order are specified. The binding effect of an injunctive order is specified, but does not change existing law. Motions to dissolve may be made and heard at any time. The trial on the merits can be consolidated with a hearing on issuance of a preliminary injunction, and the trial can be advanced to accommodate this. COURT COMMENTARY 1984 Amendment. Considerable dissatisfaction arose on the adoption of the 1980 rule, particularly because of the creation of the temporary restraining order with its inflexible time limits. See Sun Tech Inc. of South Florida v. Fortune Personnel Agency of Fort Lauderdale, 412 So. 2d 962 (Fla. 4th DCA 1982). The attempt to balance the rights of the parties in 1980 failed because of court congestion and the inability in the existing circumstances to accommodate the inflexible time limits. These changes will restore injunction procedure to substantially the same as that existing before the 1980 change. The temporary restraining order terminology and procedure

is abolished. The former procedure of temporary and permanent injunctions is restored. The requirement of findings and reasons and other details in an injunctive order are retained. Subdivision (b) eliminates the need for a bond on a temporary injunction issued to prevent physical injury or abuse of a natural person. Subdivision (e) institutes a requirement that a motion to dissolve an injunction shall be heard within 5 days after the movant applies for it. This provision emphasizes the importance of a prompt determination of the propriety of injunctive relief granted without notice or, if the circumstances have changed since the issuance of the injunctive order, the need for speedy relief as a result of the changes. Former subdivisions (a), (b)(3), and (b)(4) have been repealed because the new procedure makes them superfluous. The right of the court to consolidate the hearing on a temporary injunction with the trial of the action is not affected because that can still be accomplished under rule 1.270(a).

« Rule 1.620. » Fla. R. Civ. P. 1.620

RULE 1.620. RECEIVERS. (a) Notice. The provisions of rule 1.610 as to notice shall apply to applications for the appointment of receivers. (b) Report. Every receiver shall file in the clerk’s office a true and complete inventory under oath of the property coming under the receiver’s control or possession under the receiver’s appointment within 20 days after appointment. Every 3 months unless the court otherwise orders, the receiver shall file in the same office an inventory and account under oath of any additional property or effects which the receiver has discovered or which shall have come to the receiver’s hands since appointment, and of the amount remaining in the hands of or invested by the receiver, and of the manner in which the same is secured or invested, stating the balance due from or to the receiver at the time of rendering the last account and the receipts and expenditures since that time. When a receiver neglects to file the inventory and account, the court shall enter an order requiring the receiver to file such inventory and account and to pay out of the receiver’s own funds the expenses of the order and the proceedings thereon within not more than 20 days after being served with a copy of such order. (c) Bond. The court may grant leave to put the bond of the receiver in suit against the sureties without notice to the sureties of the application for such leave.

« Rule 1.625. » Fla. R. Civ. P. 1.625

RULE 1.625. PROCEEDINGS AGAINST SURETY ON JUDICIAL BONDS. When any rule or statute requires or permits giving of bond by a party in a judicial proceeding, the surety on the bond submits to the jurisdiction of the court when the bond is approved. The surety must furnish the address for the service of documents affecting the surety’s liability on the bond to the officer to whom the bond is given at that time. The liability of the surety may be enforced on motion without the necessity of an independent action. The motion must be served on the surety at the address furnished to the officer. The surety must serve a response to the motion within 20 days after service of the motion, asserting any defenses in law or in fact. If the surety fails to serve a response within the time allowed, a default may be taken. If the surety serves a response, the issues raised must be decided by the court on reasonable notice to the parties. The right to jury trial shall not be abridged in any such proceedings. COMMITTEE NOTES 1990 Adoption. This rule is intended to avoid the necessity of an independent action against a surety on judicial bonds. It does not abolish an independent action if the obligee prefers to file one.

« Rule 1.630. » Fla. R. Civ. P. 1.630

RULE 1.630. EXTRAORDINARY REMEDIES. (a) Applicability. This rule applies to actions for the issuance of writs of mandamus, prohibition, quo warranto, and habeas corpus. (b) Initial Pleading. The initial pleading must be a complaint. It must contain: (1) the facts on which the plaintiff relies for relief; (2) a request for the relief sought; and (3) if desired, argument in support of the complaint with citations of authority. The caption must show the action filed in the name of the plaintiff in all cases and not on the relation of the state. When the complaint seeks a writ directed to a lower court or to a governmental or administrative agency, a copy of as much of the record as is necessary to support the plaintiff’s complaint must be attached. (c) Time. A complaint must be filed within the time provided by law. (d) Process. If the complaint shows a prima facie case for relief, the court must issue: (1) an order nisi in prohibition; (2) an alternative writ in mandamus that may incorporate the complaint by reference only; (3) a writ of quo warranto; or (4) a writ of habeas corpus. The writ must be served in the manner prescribed by law. (e) Response. Defendant must respond to the writ as provided in rule 1.140, but the answer in quo warranto must show better title to the office when the writ seeks an adjudication of the right to an office held by the defendant.

COMMITTEE NOTES 2012 Amendment. Subdivision (d)(5) is amended to reflect the relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin. 2.516. 2013 Amendment. Rule 1.630 has been amended to remove any reference to certiorari proceedings, which instead are governed by the Florida Rules of Appellate Procedure. The Florida Rules of Appellate Procedure apply when the circuit courts exercise their appellate jurisdiction. COURT COMMENTARY 1984 Amendment. Rule 1.630 replaces rules and statutes used before 1980 when the present Florida Rules of Appellate Procedure were adopted. Experience has shown that rule 9.100 is not designed for use in trial court. The times for proceeding, the methods of proceeding, and the general nature of the procedure is appellate and presumes that the proceeding is basically an appellate proceeding. When the extraordinary remedies are sought in the trial court, these items do not usually exist and thus the rule is difficult to apply. The uniform procedure concept of rule 9.100 has been retained with changes making the procedure fit trial court procedure. The requirement of attaching a copy of the record in subdivision (b) may not be possible within the time allowed for the initial pleading because of the unavailability of the record. In that event the plaintiff should file a motion to extend the time to allow the preparation of the record and supply it when prepared. The filing of a motion to extend the time should be sufficient to extend it until the motion can be decided by the court.

« Rule 1.650. » Fla. R. Civ. P. 1.650

RULE 1.650. MEDICAL MALPRACTICE PRESUIT SCREENING RULE. (a) Scope of Rule. This rule applies only to the procedures prescribed by section 766.106, Florida Statutes, for presuit screening of claims for medical malpractice. (b) Notice. (1) Notice of intent to initiate litigation sent by certified mail to and received by any prospective defendant shall operate as notice to the person and any other prospective defendant who bears a legal relationship to the prospective defendant receiving the notice. The notice shall make the recipient a party to the proceeding under this rule. (2) The notice shall include the names and addresses of all other parties and shall be sent to each party. (3) The court shall decide the issue of receipt of notice when raised in a motion to dismiss or to abate an action for medical malpractice. (c) Discovery. (1) Types. Upon receipt by a prospective defendant of a notice of intent to initiate litigation, the parties may obtain presuit screening discovery by one or more of the following methods: unsworn statements upon oral examination; production of documents or things; physical examinations; written questions; and unsworn statements of treating health care providers. Unless otherwise provided in this rule, the parties shall make discoverable information available without formal discovery. Evidence of failure to comply with this rule may be grounds for dismissal of claims or defenses ultimately asserted. (2) Procedures for Conducting. (A) Unsworn Statements. Any party may require other parties to appear for the taking of an unsworn statement. The statements shall only be used for the purpose of presuit screening and are not discoverable or admissible in any civil action for any purpose by any party. A party desiring to take the

unsworn statement of any party shall give reasonable notice in writing to all parties. The notice shall state the time and place for taking the statement and the name and address of the party to be examined. Unless otherwise impractical, the examination of any party shall be done at the same time by all other parties. Any party may be represented by an attorney at the taking of an unsworn statement. Statements may be transcribed or electronically recorded, or audiovisually recorded. The taking of unsworn statements of minors is subject to the provisions of rule 1.310(b)(8). The taking of unsworn statements is subject to the provisions of rule 1.310(d) and may be terminated for abuses. If abuses occur, the abuses shall be evidence of failure of that party to comply with the good faith requirements of section 766.106, Florida Statutes. (B) Documents or Things. At any time after receipt by a party of a notice of intent to initiate litigation, a party may request discoverable documents or things. The documents or things shall be produced at the expense of the requesting party within 20 days of the date of receipt of the request. A party is required to produce discoverable documents or things within that party’s possession or control. Copies of documents produced in response to the request of any party shall be served on all other parties. The party serving the documents shall list the name and address of the parties upon whom the documents were served, the date of service, the manner of service, and the identity of the document served in the certificate of service. Failure of a party to comply with the above time limits shall not relieve that party of its obligation under the statute but shall be evidence of failure of that party to comply with the good faith requirements of section 766.106, Florida Statutes. (C) Physical Examinations. Upon receipt by a party of a notice of intent to initiate litigation and within the presuit screening period, a party may require a claimant to submit to a physical examination. The party shall give reasonable notice in writing to all parties of the time and place of the examination. Unless otherwise impractical, a claimant shall be required to submit to only one examination on behalf of all parties. The practicality of a single examination shall be determined by the nature of the claimant’s condition as it relates to the potential liability of each party. The report of examination shall be made available to all parties upon payment of the reasonable cost of reproduction. The report shall not be provided to any person not a party at any time. The report shall only be used for the purpose

of presuit screening and the examining physician may not testify concerning the examination in any subsequent civil action. All requests for physical examinations or notices of unsworn statements shall be in writing and a copy served upon all parties. The requests or notices shall bear a certificate of service identifying the name and address of the person upon whom the request or notice is served, the date of the request or notice, and the manner of service. Any minor required to submit to examination pursuant to this rule shall have the right to be accompanied by a parent or guardian at all times during the examination, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the minor’s examination. (D) Written Questions. Any party may request answers to written questions, the number of which may not exceed 30, including subparts. The party to whom the written questions are directed shall respond within 20 days of receipt of the questions. Copies of the answers to the written questions shall be served on all other parties. The party serving the answer to the written questions shall list the name and address of the parties upon whom the answers to the written questions were served, the date of service, and the manner of service in the certificate of service. Failure of a party to comply with the above time limits shall not relieve that party of its obligation under the statute, but shall be evidence of failure of that party to comply with the good faith requirements of section 766.106, Florida Statutes. (E) Unsworn Statements of Treating Healthcare Providers. A prospective defendant or his or her legal representative may also take unsworn statements of the claimant’s treating healthcare providers. The statements must be limited to those areas that are potentially relevant to the claim of personal injury or wrongful death. Subject to the procedural requirements of paragraph (2)(A), a prospective defendant may take unsworn statements from claimant’s treating health care providers. The statements shall only be used for the purpose of presuit screening and are not discoverable or admissible in any civil action for any purpose by any party. A party desiring to take the unsworn statement of treating healthcare providers shall give reasonable notice in writing to all parties. The notice shall state the time and place for taking the statement and the name and address of the treating healthcare provider to be examined. Unless otherwise impractical, the examination of any treating healthcare provider shall be done at the same

time by all other parties. Any party may be represented by an attorney at the taking of an unsworn statement of treating healthcare providers. Statements may be transcribed or electronically recorded, or audiovisually recorded. The taking of unsworn statements of a treating healthcare provider is subject to the provisions of rule 1.310(d) and may be terminated for abuses. If abuses occur, the abuses shall be evidence of failure of that party to comply with the good faith requirements of section 766.106, Florida Statutes. (3) Work Product. Work product generated by the presuit screening process that is subject to exclusion in a subsequent proceeding is limited to verbal or written communications that originate pursuant to the presuit screening process. (d) Time Requirements. (1) The notice of intent to initiate litigation shall be served by certified mail, return receipt requested, prior to the expiration of any applicable statute of limitations or statute of repose. If an extension has been granted under section 766.104(2), Florida Statutes, or by agreement of the parties, the notice shall be served within the extended period. (2) The action may not be filed against any defendant until 90 days after the notice of intent to initiate litigation was mailed to that party. The action may be filed against any party at any time after the notice of intent to initiate litigation has been mailed after the claimant has received a written rejection of the claim from that party. (3) To avoid being barred by the applicable statute of limitations, an action must be filed within 60 days or within the remainder of the time of the statute of limitations after the notice of intent to initiate litigation was received, whichever is longer, after the earliest of the following: (A) The expiration of 90 days after the date of receipt of the notice of intent to initiate litigation. (B) The expiration of 180 days after mailing of the notice of intent to initiate litigation if the claim is controlled by section 768.28(6)(a), Florida Statutes. (C) Receipt by claimant of a written rejection of the claim. (D) The expiration of any extension of the 90-day presuit screening

period stipulated to by the parties in accordance with section 766.106(4), Florida Statutes. COMMITTEE NOTES 2000 Amendment. The reference to the statute of repose was added to subdivision (d)(1) pursuant to Musculoskeletal Institute Chartered v. Parham, 745 So.2d 946 (Fla. 1999).

« Rule 1.700. » Fla. R. Civ. P. 1.700

RULE 1.700. RULES ARBITRATION.

COMMON

TO

MEDIATION

AND

(a) Referral by Presiding Judge or by Stipulation. Except as hereinafter provided or as otherwise prohibited by law, the presiding judge may enter an order referring all or any part of a contested civil matter to mediation or arbitration. The parties to any contested civil matter may file a written stipulation to mediate or arbitrate any issue between them at any time. The order of referral or written stipulation may provide for mediation or arbitration to be conducted in person, through the use of communication technology as that term is defined in Florida Rule of General Practice and Judicial Administration 2.530, or by a combination thereof. Absent direction in the order of referral, mediation or arbitration must be conducted in person, unless the parties stipulate or the court, on its own motion or on motion by a party, otherwise orders that the proceeding be conducted by communication technology or by a combination of communication technology and in-person participation. (1) Conference or Hearing Date. Unless otherwise ordered by the court, the first mediation conference or arbitration hearing must be held within 60 days of the order of referral. (2) Notice. Within 15 days after the designation of the mediator or the arbitrator, the court or its designee, who may be the mediator or the chief arbitrator, must notify the parties in writing of the date, the time, and, as applicable, the place of the conference or hearing and the instructions for access to communication technology that will be used for the conference or hearing, unless the order of referral, other order of the court, or written stipulation specifies this information. (b) Motion to Dispense with Mediation and Arbitration. A party may move, within 15 days after the order of referral, to dispense with mediation or arbitration, if: (1) the issue to be considered has been previously mediated or arbitrated between the same parties pursuant to Florida law; (2) the issue presents a question of law only;

(3) the order violates rule 1.710(b) or rule 1.800; or (4) other good cause is shown. (c) Motion to Defer Mediation or Arbitration. Within 15 days of the order of referral, any party may file a motion with the court to defer the proceeding. The movant shall set the motion to defer for hearing prior to the scheduled date for mediation or arbitration. Notice of the hearing shall be provided to all interested parties, including any mediator or arbitrator who has been appointed. The motion shall set forth, in detail, the facts and circumstances supporting the motion. Mediation or arbitration shall be tolled until disposition of the motion. (d) Disqualification of a Mediator or Arbitrator. Any party may move to enter an order disqualifying a mediator or an arbitrator for good cause. If the court rules that a mediator or arbitrator is disqualified from hearing a case, an order shall be entered setting forth the name of a qualified replacement. Nothing in this provision shall preclude mediators or arbitrators from disqualifying themselves or refusing any assignment. The time for mediation or arbitration shall be tolled during any periods in which a motion to disqualify is pending.

« Rule 1.710. » Fla. R. Civ. P. 1.710

RULE 1.710. MEDIATION RULES. (a) Completion of Mediation. Mediation shall be completed within 45 days of the first mediation conference unless extended by order of the court or by stipulation of the parties. (b) Exclusions From Mediation. A civil action shall be ordered to mediation or mediation in conjunction with arbitration upon stipulation of the parties. A civil action may be ordered to mediation or mediation in conjunction with arbitration upon motion of any party or by the court, if the judge determines the action to be of such a nature that mediation could be of benefit to the litigants or the court. Under no circumstances may the following categories of actions be referred to mediation: (1) Bond estreatures. (2) Habeas corpus and extraordinary writs. (3) Bond validations. (4) Civil or criminal contempt. (5) Other matters as may be specified by administrative order of the chief judge in the circuit. (c) Discovery. Unless stipulated by the parties or ordered by the court, the mediation process shall not suspend discovery. COMMITTEE NOTES 1994 Amendment. The Supreme Court Committee on Mediation and Arbitration Rules encourages crafting a combination of dispute resolution processes without creating an unreasonable barrier to the traditional court system.

« Rule 1.720. » Fla. R. Civ. P. 1.720

RULE 1.720. MEDIATION PROCEDURES. (a) Interim or Emergency Relief. A party may apply to the court for interim or emergency relief at any time. Mediation shall continue while such a motion is pending absent a contrary order of the court, or a decision of the mediator to adjourn pending disposition of the motion. Time for completing mediation shall be tolled during any periods when mediation is interrupted pending resolution of such a motion. (b) Appearance at Mediation. A party is deemed to appear at a mediation conference if the following persons are physically present or, if authorized under rule 1.700(a), participating through the use of communication technology: (1) The party or a party representative having full authority to settle without further consultation; and (2) The party’s counsel of record, if any; and (3) A representative of the insurance carrier for any insured party who is not such carrier’s outside counsel and who has full authority to settle in an amount up to the amount of the plaintiff’s last demand or policy limits, whichever is less, without further consultation. (c) Party Representative Having Full Authority to Settle. A “party representative having full authority to settle” shall mean the final decision maker with respect to all issues presented by the case who has the legal capacity to execute a binding settlement agreement on behalf of the party. Nothing herein shall be deemed to require any party or party representative who appears at a mediation conference in compliance with this rule to enter into a settlement agreement. (d) Appearance by Public Entity. If a party to mediation is a public entity required to operate in compliance with chapter 286, Florida Statutes, that party is deemed to appear at a mediation conference by the presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity. Such representative may be physically present or, if authorized under rule

1.700(a), may participate through the use of communication technology. (e) Certification of Authority. Unless otherwise stipulated by the parties, each party, 10 days prior to appearing at a mediation conference, must file with the court and serve all parties a written notice identifying the person or persons who will appear at the mediation conference as a party representative or as an insurance carrier representative, and confirming that those persons have the authority required by subdivision (b). (f) Sanctions for Failure to Appear. If a party fails to appear at a duly noticed mediation conference without good cause, the court, upon motion, shall impose sanctions, including award of mediation fees, attorneys’ fees, and costs, against the party failing to appear. The failure to file a confirmation of authority required under subdivision (e) above, or failure of the persons actually identified in the confirmation to appear at the mediation conference, shall create a rebuttable presumption of a failure to appear. (g) Adjournments. The mediator may adjourn the mediation conference at any time and may set times for reconvening the adjourned conference notwithstanding rule 1.710(a). No further notification is required for parties present at the adjourned conference. (h) Counsel. The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator and with the agreement of the parties, mediation may proceed in the absence of counsel unless otherwise ordered by the court. (i) Communication with Parties or Counsel. The mediator may meet and consult privately with any party or parties or their counsel. (j) Appointment of the Mediator. (1) Within 10 days of the order of referral, the parties may agree upon a stipulation with the court designating: (A) a certified mediator, other than a senior judge presiding over civil cases as a judge in that circuit; or (B) a mediator, other than a senior judge, who is not certified as a mediator but who, in the opinion of the parties and upon review by the presiding judge, is otherwise qualified by training or experience to

mediate all or some of the issues in the particular case. (2) If the parties cannot agree upon a mediator within 10 days of the order of referral, the plaintiff or petitioner shall so notify the court within 10 days of the expiration of the period to agree on a mediator, and the court shall appoint a certified mediator selected by rotation or by such other procedures as may be adopted by administrative order of the chief judge in the circuit in which the action is pending. At the request of either party, the court shall appoint a certified circuit court mediator who is a member of The Florida Bar. (3) If a mediator agreed upon by the parties or appointed by a court cannot serve, a substitute mediator can be agreed upon or appointed in the same manner as the original mediator. A mediator shall not mediate a case assigned to another mediator without the agreement of the parties or approval of the court. A substitute mediator shall have the same qualifications as the original mediator. (k) Compensation of the Mediator. The mediator may be compensated or uncompensated. When the mediator is compensated in whole or part by the parties, the presiding judge may determine the reasonableness of the fees charged by the mediator. In the absence of a written agreement providing for the mediator’s compensation, the mediator shall be compensated at the hourly rate set by the presiding judge in the referral order. Where appropriate, each party shall pay a proportionate share of the total charges of the mediator. Parties may object to the rate of the mediator’s compensation within 15 days of the order of referral by serving an objection on all other parties and the mediator. COMMITTEE NOTES 2011 Amendment. Mediated settlement conferences pursuant to this rule are meant to be conducted when the participants actually engaged in the settlement negotiations have full authority to settle the case without further consultation. New language in subdivision (c) now defines “a party representative with full authority to settle” in two parts. First, the party representative must be the final decision maker with respect to all issues presented by the case in question. Second, the party representative must have the legal capacity to execute a binding agreement on behalf of the settling

party. These are objective standards. Whether or not these standards have been met can be determined without reference to any confidential mediation communications. A decision by a party representative not to settle does not, in and of itself, signify the absence of full authority to settle. A party may delegate full authority to settle to more than one person, each of whom can serve as the final decision maker. A party may also designate multiple persons to serve together as the final decision maker, all of whom must appear at mediation. New subdivision (e) provides a process for parties to identify party representative and representatives of insurance carriers who will be attending the mediation conference on behalf of parties and insurance carriers and to confirm their respective settlement authority by means of a direct representation to the court. If necessary, any verification of this representation would be upon motion by a party or inquiry by the court without involvement of the mediator and would not require disclosure of confidential mediation communications. Nothing in this rule shall be deemed to impose any duty or obligation on the mediator selected by the parties or appointed by the court to ensure compliance. The concept of self determination in mediation also contemplates the parties’ free choice in structuring and organizing their mediation sessions, including those who are to participate. Accordingly, elements of this rule are subject to revision or qualification with the mutual consent of the parties.

« Rule 1.730. » Fla. R. Civ. P. 1.730

RULE 1.730. COMPLETION OF MEDIATION. (a) No Agreement. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the court without comment or recommendation. With the consent of the parties, the mediator’s report may also identify any pending motions or outstanding legal issues, discovery process, or other action by any party which, if resolved or completed, would facilitate the possibility of a settlement. (b) Agreement. If a partial or final agreement is reached, it must be reduced to writing and signed by the parties and their counsel, if any. Signatures may be original, electronic, or facsimile and may be in counterparts. The agreement must be filed when required by law or with the parties’ consent. A report of the agreement must be submitted to the court or a stipulation of dismissal will be filed. By stipulation of the parties, the agreement may be transcribed or electronically recorded. In such event, the transcript may be filed with the court. The mediator must report the existence of the signed or transcribed agreement to the court without comment within 10 days thereof. No partial or final agreement under this rule may be reported to the court except as provided herein. (c) Enforceability. The parties may not object to the enforceability of an agreement on the ground that communication technology was used for participation in the mediation conference if such use was authorized under rule 1.700(a). (d) Imposition of Sanctions. In the event of any breach or failure to perform under the agreement, the court upon motion may impose sanctions, including costs, attorneys’ fees, or other appropriate remedies including entry of judgment on the agreement. COMMITTEE NOTES 1996 Amendment. Subdivision (b) is amended to provide for partial settlements, to clarify the procedure for concluding mediation by report or stipulation of dismissal, and to specify the procedure for reporting mediated

agreements to the court. The reporting requirements are intended to ensure the confidentiality provided for in section 44.102(3), Florida Statutes, and to prevent premature notification to the court.

« Rule 1.750. » Fla. R. Civ. P. 1.750

RULE 1.750. COUNTY COURT ACTIONS. (a) Applicability. This rule applies to the mediation of county court matters and issues only and controls over conflicting provisions in rules 1.700, 1.710, 1.720, and 1.730. (b) Limitation on Referral to Mediation. When a mediation program utilizing volunteer mediators is unavailable or otherwise inappropriate, county court matters may be referred to a mediator or mediation program which charges a fee. Such order of referral shall advise the parties that they may object to mediation on grounds of financial hardship or on any ground set forth in Rule 1.700(b). If a party objects, mediation shall not be conducted until the court rules on the objection. The court may consider the amount in controversy, the objecting party’s ability to pay, and any other pertinent information in determining the propriety of the referral. When appropriate, the court shall apportion mediation fees between the parties. (c) Scheduling. In small claims actions, the mediator shall be appointed and the mediation conference held during or immediately after the pretrial conference unless otherwise ordered by the court. In no event shall the mediation conference be held more than 14 days after the pretrial conference. (d) Appointment of the Mediator. In county court actions not subject to the Florida Small Claims Rules, rule 1.720(f) shall apply unless the case is sent to a mediation program provided at no cost to the parties. (e) Appearance at Mediation. In small claims actions, an attorney may appear on behalf of a party at mediation provided that the attorney has full authority to settle without further consultation. Unless otherwise ordered by the court, a nonlawyer representative may appear on behalf of a party to a small claims mediation if the representative has the party’s signed written authority to appear and has full authority to settle without further consultation. In either event, the party need not appear in person. In any other county court action, a party will be deemed to appear if the persons set forth in rule 1.720(b) are physically present or, if authorized under rule 1.700(a), participating through the use of communication technology. (f) Agreement. Any agreements reached as a result of small claims

mediation must be written in the form of a stipulation. The stipulation may be entered as an order of the court. Signatures for the stipulation may be original, electronic, or facsimile and may be in counterparts.

« Rule 1.800. » Fla. R. Civ. P. 1.800

RULE 1.800. EXCLUSIONS FROM ARBITRATION. A civil action shall be ordered to arbitration or arbitration in conjunction with mediation upon stipulation of the parties. A civil action may be ordered to arbitration or arbitration in conjunction with mediation upon motion of any party or by the court, if the judge determines the action to be of such a nature that arbitration could be of benefit to the litigants or the court. Under no circumstances may the following categories of actions be referred to arbitration: (1) Bond estreatures. (2) Habeas corpus or other extraordinary writs. (3) Bond validations. (4) Civil or criminal contempt. (5) Such other matters as may be specified by order of the chief judge in the circuit. COMMITTEE NOTES 1994 Amendment. The Supreme Court Committee on Mediation and Arbitration Rules encourages crafting a combination of dispute resolution processes without creating an unreasonable barrier to the traditional court system.

« Rule 1.810. » Fla. R. Civ. P. 1.810

RULE 1.810. SELECTION ARBITRATORS.

AND

COMPENSATION

OF

(a) Selection. The chief judge of the circuit or a designee shall maintain a list of qualified persons who have agreed to serve as arbitrators. Cases assigned to arbitration shall be assigned to an arbitrator or to a panel of 3 arbitrators. The court shall determine the number of arbitrators and designate them within 15 days after service of the order of referral in the absence of an agreement by the parties. In the case of a panel, one of the arbitrators shall be appointed as the chief arbitrator. Where there is only one arbitrator, that person shall be the chief arbitrator. (b) Compensation. The chief judge of each judicial circuit shall establish the compensation of arbitrators subject to the limitations in section 44.103(3), Florida Statutes. COMMITTEE NOTES 2003 Amendment. The statutory reference in subdivision (b) is changed to reflect changes in the statutory numbering.

« Rule 1.820. » Fla. R. Civ. P. 1.820

RULE 1.820. HEARING ARBITRATION.

PROCEDURES

FOR

NON-BINDING

(a) Authority of the Chief Arbitrator. The chief arbitrator shall have authority to commence and adjourn the arbitration hearing and carry out other such duties as are prescribed by section 44.103, Florida Statutes. The chief arbitrator shall not have authority to hold any person in contempt or to in any way impose sanctions against any person. (b) Conduct of the Arbitration Hearing. (1) The chief judge of each judicial circuit shall set procedures for determining the time and place of the arbitration hearing and may establish other procedures for the expeditious and orderly operation of the arbitration hearing to the extent such procedures are not in conflict with any rules of court. (2) Hearing procedures shall be included in the notice of arbitration hearing sent to the parties and arbitration panel. (3) Individual parties or authorized representatives of corporate parties shall attend the arbitration hearing unless excused in advance by the chief arbitrator for good cause shown. (c) Rules of Evidence. The hearing shall be conducted informally. Presentation of testimony shall be kept to a minimum, and matters shall be presented to the arbitrator(s) primarily through the statements and arguments of counsel. (d) Orders. The chief arbitrator may issue instructions as are necessary for the expeditious and orderly conduct of the hearing. The chief arbitrator’s instructions are not appealable. Upon notice to all parties the chief arbitrator may apply to the presiding judge for orders directing compliance with such instructions. Instructions enforced by a court order are appealable as are other orders of the court. (e) Default of a Party. When a party fails to appear at a hearing, the chief arbitrator may proceed with the hearing and the arbitration panel shall render a decision based upon the facts and circumstances as presented by the parties

present. (f) Record and Transcript. Any party may have a record and transcript made of the arbitration hearing at that party’s expense. (g) Completion of the Arbitration Process. (1) Arbitration shall be completed within 30 days of the first arbitration hearing unless extended by order of the court on motion of the chief arbitrator or of a party. No extension of time shall be for a period exceeding 60 days from the date of the first arbitration hearing. (2) Upon the completion of the arbitration process, the arbitrator(s) shall render a decision. In the case of a panel, a decision shall be final upon a majority vote of the panel. (3) Within 10 days of the final adjournment of the arbitration hearing, the arbitrator(s) shall notify the parties, in writing, of their decision. The arbitration decision may set forth the issues in controversy and the arbitrator(’s)(s’) conclusions and findings of fact and law. The arbitrator(’ s)(s’) decision and the originals of any transcripts shall be sealed and filed with the clerk at the time the parties are notified of the decision. (h) Time for Filing Motion for Trial. Any party may file a motion for trial. If a motion for trial is filed by any party, any party having a third-party claim at issue at the time of arbitration may file a motion for trial within 10 days of service of the first motion for trial. If a motion for trial is not made within 20 days of service on the parties of the decision, the decision shall be referred to the presiding judge, who shall enter such orders and judgments as may be required to carry out the terms of the decision as provided by section 44.103(5), Florida Statutes. COMMITTEE NOTES 1988 Adoption. Arbitration proceedings should be informal and expeditious. The court should take into account the nature of the proceedings when determining whether to award costs and attorneys’ fees after a trial de novo. Counsel are free to file exceptions to an arbitration decision or award at the time it is to be considered by the court. The court should consider such exceptions when determining whether to award costs and attorneys’ fees. The court should consider rule 1.442 concerning offers of judgment and section

45.061, Florida Statutes (1985), concerning offers of settlement, as statements of public policy in deciding whether fees should be awarded. 1994 Amendment. The Supreme Court Committee on Mediation and Arbitration Rules recommends that a copy of the local arbitration procedures be disseminated to the local bar. 2003 Amendment. The statutory reference in subdivision (h) is changed to reflect changes in the statutory numbering. 2007 Amendment. Subdivision (h) is amended to avoid the unintended consequences for defendants with third-party claims who prevailed at arbitration but could not pursue those claims in a circuit court action because no motion for trial was filed despite a plaintiff or plaintiffs having filed a motion for trial that covered those claims. See State Dept. of Transportation v. BellSouth Telecommunications, Inc., 859 So. 2d 1278 (Fla. 4th DCA 2003).

« Rule 1.830. » Fla. R. Civ. P. 1.830

RULE 1.830. VOLUNTARY BINDING ARBITRATION. (a) Absence of Party Agreement. (1) Compensation. In the absence of an agreement by the parties as to compensation of the arbitrator(s), the court shall determine the amount of compensation subject to the provisions of section 44.104(3), Florida Statutes. (2) Hearing Procedures. Subject to these rules and section 44.104, Florida Statutes, the parties may, by written agreement before the hearing, establish the hearing procedures for voluntary binding arbitration, including the use of communication technology as that term is defined in Florida Rule of General Practice and Judicial Administration 2.530. In the absence of such agreement, the court shall establish the hearing procedures. (b) Record and Transcript. A record and transcript may be made of the arbitration hearing if requested by any party or at the direction of the chief arbitrator. The record and transcript may be used in subsequent legal proceedings subject to the Florida Rules of Evidence. (c) Arbitration Decision and Appeal. (1) The arbitrator(s) shall serve the parties with notice of the decision and file the decision with the court within 10 days of the final adjournment of the arbitration hearing. (2) A voluntary binding arbitration decision may be appealed within 30 days after service of the decision on the parties. Appeal is limited to the grounds specified in section 44.104(10), Florida Statutes. (3) If no appeal is filed within the time period set out in subdivision (2) of this rule, the decision shall be referred to the presiding judge who shall enter such orders and judgments as required to carry out the terms of the decision as provided under section 44.104, Florida Statutes.

FORMS • FORM 1.900. » Fla. R. Civ. P. Form 1.900

FORM 1.900. FORMS. (a) Process. The following forms of process, notice of lis pendens, and notice of action are sufficient. Variations from the forms do not void process or notices that are otherwise sufficient. (b) Other Forms. The other forms are sufficient for the matters that are covered by them. So long as the substance is expressed without prolixity, the forms may be varied to meet the facts of a particular case. (c) Formal Matters. Captions, except for the designation of the document, are omitted from the forms. A general form of caption is the first form. Signatures are omitted from pleadings and motions.

« FORM 1.901. » Fla. R. Civ. P. Form 1.901

FORM 1.901. CAPTION. (a) General Form. (name of court)

(b) Petition.

(c) In rem proceedings.

(d) Forfeiture proceedings.

COMMITTEE NOTES 1980 Amendment. Subdivision (b) is added to show the form of caption

for a petition. 2010 Amendment. Subdivision (c) and (d) are added to show the form of caption for in rem proceedings, including in rem forfeiture proceedings.

« FORM 1.902. » Fla. R. Civ. P. Form 1.902

FORM 1.902. SUMMONS. (a) General Form. SUMMONS THE STATE OF FLORIDA: To Each Sheriff of the State:

YOU ARE COMMANDED to serve this summons and a copy of the complaint or petition in this action on defendant __________________ Each defendant is required to serve written defenses to the complaint or petition on _________, plaintiff’s attorney, whose address is _________, within 20 days1after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on plaintiff ’s attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition. DATED on _________

(b) Form for Personal Service on Natural Person. SUMMONS

THE STATE OF FLORIDA: To Each Sheriff of the State:

YOU ARE COMMANDED to serve this summons and a copy of the complaint in this lawsuit on defendant __________________ DATED on __________________ (CLERK OF THE CIRCUIT COURT)

(SEAL)

IMPORTANT

A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of this court. A phone call will not protect you. Your written response, including the case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book). If you choose to file a written response yourself, at the same time you file your written response to the court you must also mail or take a copy of your written response to the “Plaintiff/Plaintiff’s Attorney” named below. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.

Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. IMPORTANTE

Usted ha sido demandado legalmente. Tiene 20 días, contados a partir del recibo de esta notificación, para contestar la demanda adjunta, por escrito, y presentarla ante este tribunal. Una llamada telefónica no lo protegerá. Si usted desea que el tribunal considere su defensa, debe presentar su respuesta por escrito, incluyendo el numero del caso y los nombres de las partes interesadas. Si usted no contesta la demanda a tiempo, pudiese perder el caso y podría ser despojado de sus ingresos y propiedades, o privado de sus derechos, sin previo aviso del tribunal. Existen otros requisitos legales. Si lo desea, puede usted consultar a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a una de las oficinas de asistencia legal que aparecen en la guía telefónica. Si desea responder a la demanda por su cuenta, al mismo tiempo en que presenta su respuesta ante el tribunal, debera usted enviar por correo o entregar una copia de su respuesta a la persona denominada abajo como “Plaintiff/Plaintiff’s Attorney” (Demandante o Abogado del Demandante). Si usted es una persona minusválida que necesita algún acomodamiento para poder participar en este procedimiento, usted tiene derecho, sin tener gastos propios, a que se le provea cierta ayuda. Tenga la amabilidad de ponerse en contacto con [identify applicable court personnel by name, address, and telephone number], por lo menos 7 dáas antes de la cita fijada

para su comparecencia en los tribunales, o inmediatamente después de recibir esta notificación si el tiempo antes de la comparecencia que se ha programado es menos de 7 días; si usted tiene discapacitación del oído o de la voz, llame al 711. IMPORTANT

Des poursuites judiciares ont ete entreprises contre vous. Vous avez 20 jours consecutifs a partir de la date de l’assignation de cette citation pour deposer une reponse ecrite a la plainte cijointe aupres de ce tribunal. Un simple coup de telephone est insuffisant pour vous proteger. Vous etes obliges de deposer votre reponse ecrite, avec mention du numero de dossier cidessus et du nom des parties nommees ici, si vous souhaitez que le tribunal entende votre cause. Si vous ne deposez pas votre reponse ecrite dans le relai requis, vous risquez de perdre la cause ainsi que votre salaire, votre argent, et vos biens peuvent etre saisis par la suite, sans aucun preavis ulterieur du tribunal. Il y a d’autres obligations juridiques et vous pouvez requerir les services immediats d’un avocat. Si vous ne connaissez pas d’avocat, vous pourriez telephoner a un service de reference d’avocats ou a un bureau d’assistance juridique (figurant a l’annuaire de telephones). Si vous choisissez de deposer vous-meme une reponse ecrite, il vous faudra egalement, en meme temps que cette formalite, faire parvenir ou expedier une copie de votre reponse ecrite au “Plaintiff/Plaintiff’s Attorney” (Plaignant ou a son avocat) nomme ci-dessous. Si vous étes une personne handicapée qui a besoin de mesures d’adaptation pour participer á cette procédure, vous avez droit, sans frais pour vous, á une certaine assistance. Veuillez contacter [identify applicable court personnel by name, address, and

telephone number]au moins 7 jours avant votre comparution prévue au tribunal, ou immédiatement aprés avoir reću cette notification si le délai avant la comparution prévue est inférieur á 7 jours; si vous êtes malentendant ou avez un trouble de la parole, appelez le 711. Enpòtan

Pwosedi legal yo te pran kont ou. Ou gen 20 jou konsekitif ki soti nan dat konklizyon sa a pou ou ranpli yon repons alekri pou plent sa a nan tribinal sa a. Yon apel telefon ki senp se pa ase pou pwoteje ou. Ou oblije ranpli repons alekri ou a, ak nimewo a dosye pi wo a ak non pati yo ki te nonmen isit la, si ou vle tribinal la tande ka w la. Si ou pa ranpli repons alekri ou nan rele egzije a, ou riske pedi koz la ak sale ou, lajan ou, ak pwopriyete ou yo ka mete men sou pita, san okenn lot avi nan tribinal la. Gen lot obligasyon legal epi ou ka mande sevis imedya yon avoka. Si ou pa konnen yon avoka, ou ka rele yon sèvis referans avoka oswa yon biwo ed legal (ki nan lis nan anye telefon). Si ou chwazi pou ou soumet yon repons alekri tet ou, ou pral bezwen tou voye oswa voye yon kopi repons ekri ou nan fóm sa a an menm tan an tankou fomalite sa a “Avoka Pleyan/Pwokire a” (Pleyan oswa avoka li) non anba a. Si ou se yon moun ki enfim ki bezwen akomodasyon pou w kab patisipe nan pwosedi sa a, ou gen dwa, san ou pa bezwen peye okenn lajan, pou w jwenn yon sèten èd. Tanpri kontakte [identify applicable court personnel by name], fè Kòdonatris pwogram Lwa Ameriken pou Moun ki Enfim yo nan [identify court personnel’s address and telephone number], fè sa omwen 7 jou anvan dat ou gen randevou pou parèt nan Tribinal la, oswa fè sa imedyatman apre ou fin resevwa konvokasyon an si dat ou gen pou w parèt nan tribinal la mwens pase 7 jou; si ou gen

pwoblém pou w tande byen oswa pou w pale klè, rele 711. _____________________ Plaintiff/Plaintiff’s Attorney ______________________ ______________________ Address Florida Bar No. _________ (c) Forms for Service by Mail. (1) Notice of Lawsuit and Request for Waiver of Service of Process NOTICE OF COMMENCEMENT OF ACTION

TO: (Name of defendant or defendant’s representative) A lawsuit has been commenced against you (or the entity on whose behalf you are addressed). A copy of the complaint is attached to this notice. The complaint has been filed in the (Circuit or County) Court for the _________ and has been assigned case no.: _________ This is not a formal summons or notification from the court, but is rather my request that you sign the enclosed waiver of service of process form in order to save the cost of serving you with a judicial summons and an additional copy of the complaint. The cost of service will be avoided if I receive a signed copy of the waiver within 20 days (30 days if you do not reside in the United States) after the date you receive this notice and request for waiver. I have enclosed a stamped self-addressed envelope for your use. An extra copy of the notice and request, including the waiver, is also attached for your records. If you comply with this request and return the signed waiver,

it will be filed with the court and no summons will be served on you. The lawsuit will then proceed as if you had been served on the date the waiver is filed, except that you will not be obligated to respond to the complaint until 60 days after the date on which you received the notice and request for waiver. If I do not receive the signed waiver within 20 days from the date you received the notice and the waiver of service of process form, formal service of process may be initiated in a manner authorized by the Florida Rules of Civil Procedure. You (or the party on whose behalf you are addressed) will be required to pay the full cost of such service unless good cause is shown for the failure to return the waiver of service. I hereby certify that this notice of lawsuit and request for waiver of service of process has been sent to you on behalf of the plaintiff on ....(date)....

(2) Waiver of Service of Process. WAIVER OF SERVICE OF PROCESS

TO: (Name of plaintiff’s attorney or unrepresented plaintiff) I acknowledge receipt of your request that I waive service of process in the lawsuit of _________ v. _________ in the _________ Court in _________ I have also received a copy of the complaint, two copies of this waiver, and a means by which I can return the signed waiver to you without cost to me. I agree to save the cost of service of process and an additional copy of the complaint in this lawsuit by not requiring that I (or the entity on whose behalf I am acting) be served with judicial process in the manner provided by Fla. R. Civ. P. 1.070.

If I am not the defendant to whom the notice of lawsuit and waiver of service of process was sent, I declare that my relationship to the entity or person to whom the notice was sent and my authority to accept service on behalf of such person or entity is as follows: (describe relationship to person or entity and authority to accept service) I (or the entity on whose behalf I am acting) will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the court except for any objections based on a defect in the summons or in the service of the summons. I understand that a judgment may be entered against me (or the party on whose behalf I am acting) if a written response is not served upon you within 60 days from the date I received the notice of lawsuit and request for waiver of service of process. DATED on _________

COMMITTEE NOTES 1988 Amendment. Two forms are now provided: 1 for personal service on natural persons and 1 for other service by summons. The new form for personal service on natural persons is included to ensure awareness by defendants or respondents of their obligations to respond. The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes. The former, general summons form is to be used for all other service by

summons, including service under sections 48.061 (service on partnership), 48.071 (service on agents of nonresidents doing business in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 (service on public agencies or officers), 48.121 (service on the state), 48.131 (service on alien property custodian), 48.141 (service on labor unions), 48.151 (service on statutory agents for certain purposes), Florida Statutes, and all statutes providing for substituted service on the secretary of state. The form for personal service on natural persons contains Spanish and French versions of the English text to ensure effective notice on all Floridians. In the event of space problems in the summons form, the committee recommends that the non-English portions be placed on the reverse side of the summons. 1992 Amendment. (b): The title is amended to eliminate confusion by the sheriffs in effecting service. 1996 Amendment. Form 1.902(c) was added for use with rule 1.070(i). 2007 Amendment. Subdivision (a) is amended to conform form 1.902 to the statutory requirements of sections 48.111, 48.121, and 768.28, Florida Statutes. The form is similar to Federal Rule of Civil Procedure Form 1.

« FORM 1.903. » Fla. R. Civ. P. Form 1.903

FORM 1.903. CROSSCLAIM SUMMONS. CROSSCLAIM SUMMONS

THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to serve this summons and a copy of the crossclaim in this action on defendant __________________ Each crossclaim defendant is required to serve written defenses to the crossclaim on _________, defendant’s attorney, whose address is _________, and on _________, plaintiff’s attorney, whose address is _________, within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on the attorneys or immediately thereafter. If a crossclaim defendant fails to do so, a default will be entered against that defendant for the relief demanded in the crossclaim. DATED on _________

« FORM 1.904. » Fla. R. Civ. P. Form 1.904

FORM 1.904. THIRD-PARTY SUMMONS. THIRD-PARTY SUMMONS

THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to serve this summons and a copy of the third-party complaint or petition in this action on thirdparty defendant, _________ Each third-party defendant is required to serve written defenses to the third-party complaint or petition on _________, plaintiff’s attorney, whose address is _________, and on_________, defendant’s attorney, whose address is _________, within 20 days after service of this summons on that defendant, exclusive of the date of service, and to file the original of the defenses with the clerk of this court either before service on the attorneys or immediately thereafter. If a thirdparty defendant fails to do so, a default will be entered against that defendant for the relief demanded in the third-party complaint or petition. DATED on _________

« FORM 1.905. » Fla. R. Civ. P. Form 1.905

FORM 1.905. ATTACHMENT. WRIT OF ATTACHMENT

THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to attach and take into custody so much of the lands, tenements, goods, and chattels of defendant, _________, as is sufficient to satisfy the sum of $_________ and costs. ORDERED at _________, Florida, on ____(date)____

COMMITTEE NOTES 1980 Amendment. The direction is modernized and the combination with the summons deleted. A writ of attachment must now be issued by a judge under section 76.03, Florida Statutes (1979).

« FORM 1.906. » Fla. R. Civ. P. Form 1.906

FORM 1.906. ATTACHMENT — FORECLOSURE. WRIT OF ATTACHMENT

THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to take and hold the following described property: (describe property) or so much of it as can be found sufficient to satisfy the debt to be foreclosed.

ORDERED at _____________________, _________ (date) _________

Florida,

on

COMMITTEE NOTES 1980 Amendment. The direction is modernized and the combination with the summons deleted. A writ of attachment must now be issued by a judge under section 76.03, Florida Statutes (1979).

« FORM 1.907. » Fla. R. Civ. P. Form 1.907

FORM 1.907. GARNISHMENT. (a) Writ of Garnishment. WRIT OF GARNISHMENT

THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to summon the garnishee, _________, to serve an answer to this writ on _________, plaintiff’s attorney, whose address is _________, within 20 days after service on the garnishee, exclusive of the day of service, and to file the original with the clerk of this court either before service on the attorney or immediately thereafter, stating whether the garnishee is indebted to defendant, _________, at the time of the answer or was indebted at the time of service of the writ, or at any time between such times, and in what sum and what tangible and intangible personal property of the defendant the garnishee is in possession or control of at the time of the answer or had at the time of service of this writ, or at any time between such times, and whether the garnishee knows of any other person indebted to the defendant or who may be in possession or control of any of the property of the defendant. The amount set in plaintiff’s motion is $ _________ DATED on _________

(b) Continuing Writ of Garnishment against Salary or Wages. CONTINUING WRIT OF GARNISHMENT

AGAINST SALARY OR WAGES

THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to summon the garnishee, _________, whose address is _________, who is required to serve an answer to this writ on _________, plaintiff’s attorney, whose address is _________, within 20 days after service of this writ, exclusive of the day of service, and to file the original with the clerk of court either before service on the attorney or immediately thereafter. The answer shall state whether the garnishee is the employer of the defendant _________ and whether the garnishee is indebted to the defendant by reason of salary or wages. The garnishee’s answer shall specify the periods of payment (for example, weekly, biweekly, or monthly) and amount of salary or wages and be based on the defendant’s earnings for the pay period during which this writ is served on the garnishee. During each pay period, a portion of the defendant’s salary or wages as it becomes due shall be held and not disposed of or transferred until further order of this court. The amount of salary or wages to be withheld for each pay period shall be made in accordance with the following paragraph. This writ shall continue until the plaintiff’s judgment is paid in full or until otherwise provided by court order. Federal law (15 U.S.C. §§ 1671-1673) limits the amount to be withheld from salary or wages to no more than 25% of any individual defendant’s disposable earnings (the part of earnings remaining after the deduction of any amounts required by law to be deducted) for any pay period or to no more than the amount by which the individual’s disposable earnings for the pay period

exceed 30 times the federal minimum hourly wage, whichever is less. For administrative costs, the garnishee may collect $ _________ against the salary or wages of the defendant for the first deduction and $ _________ for each deduction thereafter. The total amount of the final judgment outstanding as set out in the plaintiff’s motion is $ _________ FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT IN THE ENTRY OF JUDGMENT AGAINST THE GARNISHEE FOR THE ABOVE TOTAL AMOUNT OF $ _________. ORDERED at _________, Florida, on _________ (date) _________

COMMITTEE NOTES 1992 Amendment. This form is to be used to effectuate section 77.0305, Florida Statutes. 1996 Amendment. The following was adopted as a committee note, with no changes to the text of the forms: Both forms 1.907(a) and (b) are for use after judgment has been entered against a defendant. If a plaintiff seeks a writ of garnishment before judgment is entered, notice to the defendant of the right to an immediate hearing under sections 73.031 and 77.07, Florida Statutes, must be included in the writ and served on the defendant.

« FORM 1.908. » Fla. R. Civ. P. Form 1.908

FORM 1.908. WRIT OF REPLEVIN. WRIT OF REPLEVIN

THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to replevy the goods and chattels in possession of the defendant, _________, described as follows: (describe property)

and to dispose of it according to law. DATED on _________

COMMITTEE NOTES 1980 Amendment. The form is amended in accordance with the statutory changes as a result of Fuentes v. Shevin, 407 U.S. 67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972). The sheriff is commanded to dispose of the property according to law because of the conflict between sections 78.068(4) and 78.13, Florida Statutes (1979). The former apparently contemplates that the sheriff will hold the property for 5 days within which the bond can be posted, while the latter retains the old 3-day time period. 1996 Amendment. This amendment only changes the name of the form.

« FORM 1.909. » Fla. R. Civ. P. Form 1.909

FORM 1.909. DISTRESS. DISTRESS WRIT

THE STATE OF FLORIDA: To the Sheriff of _________ County, Florida: YOU ARE COMMANDED to serve this writ and a copy of the complaint on defendant _________. This distress writ subjects all property liable to distress for rent on the following property in _________ County, Florida: (describe property)

Each defendant is enjoined from damaging, disposing of, secreting, or removing any property liable to be distrained from the rented real property after the time of service of this writ until the sheriff levies on the property or this writ is vacated or the court otherwise orders. If a defendant does not move for dissolution of the writ, the court may order the sheriff to levy on the property liable to distress forthwith after 20 days from the time the complaint in this action is served. The amount claimed in the complaint is the sum of $ _________ with interest and costs. DATED on _________

COMMITTEE NOTES 1980 Amendment. This form is substantially revised to comply with the statutory changes in section 83.12, Florida Statutes, as amended in 1980 to overcome the unconstitutionality of distress proceedings. See Phillips v. Guin

& Hunt, Inc., 344 So. 2d 568 (Fla. 1977). Because the revision is substantial, no struck-through or underscored type is indicated.

« FORM 1.910. » Fla. R. Civ. P. Form 1.910

FORM 1.910. SUBPOENA FOR TRIAL. (a) For Issuance by Clerk. SUBPOENA

THE STATE OF FLORIDA: TO _________: YOU ARE COMMANDED to appear before the Honorable _________, Judge of the Court, at the _________ County Courthouse in _________, Florida, on _________, at _________(a.m/p.m.), to testify in this action. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on _________.

Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor.

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (b) For Issuance by Attorney of Record. SUBPOENA

THE STATE OF FLORIDA: TO __________________: YOU ARE COMMANDED to appear before the Honorable _________, Judge of the Court, at the _________ County Courthouse in _________, Florida, on ____ (date) ____, at _________(a.m./p.m.), to testify in this action. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed.

Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor.

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. COMMITTEE NOTES 1996 Amendment. Form (b) was added to comply with amendments to rule 1.410. 2013 Amendment. The notice to persons with disabilities was amended to comply with amendments to Fla. R. Jud. Admin. 2.540.

« FORM 1.911. » Fla. R. Civ. P. Form 1.911

FORM 1.911. SUBPOENA DUCES TECUM FOR TRIAL. (a) For Issuance by Clerk SUBPOENA DUCES TECUM

THE STATE OF FLORIDA: TO _____________________: YOU ARE COMMANDED to appear before the Honorable _________, Judge of the Court, at the _________ County Courthouse in _________, Florida, on ____ (date) ____, at _________(a.m./p.m.), to testify in this action and to have with you at that time and place the following: _________. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on _________.

Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of

the minor. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (b) For Issuance by Attorney of Record. SUBPOENA DUCES TECUM

THE STATE OF FLORIDA: TO _____________________: YOU ARE COMMANDED to appear before the Honorable _________, Judge of the Court, at the _________ County Courthouse in _________, Florida, on ____ (date) ____, at _________(a.m./p.m.), to testify in this action and to have with you at that time and place the following: _________. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on _________.

Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding

the invocation of the rule of sequestration of, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. COMMITTEE NOTES 1996 Amendment. Form (b) was added to comply with amendments to rule 1.410. 2013 Amendment. The notice to persons with disabilities was amended to comply with amendments to Fla. R. Jud. Admin. 2.540.

« FORM 1.912. » Fla. R. Civ. P. Form 1.912

FORM 1.912. SUBPOENA FOR DEPOSITION. (a) For Issuance by Clerk. SUBPOENA FOR DEPOSITION

THE STATE OF FLORIDA: TO _____________________: YOU ARE COMMANDED to appear before a person authorized by law to take depositions at _________ in _________, Florida, on __________________ (date) __________________, at _________(a.m./p.m.), for the taking of your deposition in this action. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on _________.

Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of

the minor. If you are a person with a disability who needs any accommodation in order to participate in this deposition, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address, and telephone number] at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (b) For Issuance by Attorney of Record. SUBPOENA FOR DEPOSITION

THE STATE OF FLORIDA: TO _____________________: YOU ARE COMMANDED to appear before a person authorized by law to take depositions at _________ in _________, Florida, on ____ (date) ____, at _________(a.m./p.m.), for the taking of your deposition in this action. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on _____________________.

Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact

on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this deposition, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address, and telephone number] at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. COMMITTEE NOTES 1996 Amendment. Form (b) was added to comply with amendments to rule 1.410. 2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings.

« FORM 1.913. » Fla. R. Civ. P. Form 1.913

FORM 1.913. SUBPOENA DUCES TECUM FOR DEPOSITION. (a) For Issuance by Clerk. SUBPOENA DUCES TECUM FOR DEPOSITION

THE STATE OF FLORIDA: TO __________________: YOU ARE COMMANDED to appear before a person authorized by law to take depositions at _________ in _________, Florida, on ___________ (date) ___________, at _________(a.m./p.m.), for the taking of your deposition in this action and to have with you at that time and place the following: _________. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on _________.

Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of

the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this deposition you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address, and telephone number] at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled deposition is less than 7 days; if you are hearing or voice impaired, call 711. (b) For Issuance by Attorney of Record. SUBPOENA DUCES TECUM FOR DEPOSITION

THE STATE OF FLORIDA: TO __________________: YOU ARE COMMANDED to appear before a person authorized by law to take depositions at _________ in _________, Florida, on ___________ (date) ___________, at _________(a.m./p.m.), for the taking of your deposition in this action and to have with you at that time and place the following: _________. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on _________.

Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this deposition, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address, and telephone number] at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. COMMITTEE NOTES 1996 Amendment. Form (b) was added to comply with amendments to rule 1.410. 2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings.

« FORM 1.914(A). » Fla. R. Civ. P. Form 1.914(a)

FORM 1.914(A). EXECUTION. EXECUTION

THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to levy on the property subject to execution of _________ in the sum of $ _________ with interest at _________% a year from _________ (date) _________, until paid and to have this writ before the court when satisfied. DATED on _________

COMMITTEE NOTES 1980 Amendment. The description of the property to be levied on has been made general so it encompasses all property subject to execution under section 56.061, Florida Statutes (1979).

« FORM 1.914(B). » Fla. R. Civ. P. Form 1.914(b)

FORM 1.914(B). NOTICE TO APPEAR. NOTICE TO APPEAR

TO ....(name of third party).... YOU ARE NOTIFIED that, pursuant to section 56.29, Florida Statutes proceedings supplementary to satisfy a judgment by application of the following:.....(identify the property, debt, or other obligation due to the judgment debtor)..... in .....County, Florida have been initiated against you by....(name of judgment creditor).... You are required to serve an affidavit ....date.... stating that the [property] [debt] [other obligation] belongs to you. The affidavit must include any fact or legal defense opposing the application of the [property] [debt] [other obligation] toward the satisfaction of the judgment on ....(name of the judgment creditor, or its attorney, and his/her/its address)....You must file the original affidavit with the clerk of this court either before service on the judgment creditor or immediately thereafter. Legal defenses need not be filed under oath but must be served contemporaneously with the affidavit. If any of your property has been levied on and you choose to oppose the application of the property to be applied toward the satisfaction of the judgment, then you must furnish a bond with surety to be approved by the officer in favor of the judgment creditor. The amount of the bond must be double the value of the goods claimed as the value is fixed by the officer and conditioned to deliver said property on demand of said officer if it is adjudged to be the property of the judgment debtor and to pay the judgment creditor all damages found against you if it appears that the claim was interposed for the purpose of delay.

YOU HAVE A RIGHT TO A TRIAL BY JURY TO DETERMINE THE RIGHT TO THE [PROPERTY, DEBT OR OTHER OBLIGATION DUE TO THE JUDGMENT DEBTOR]. YOU ARE ENTITLED TO DISCOVERY UNDER THE FLORIDA RULES OF CIVIL PROCEDURE. IF THE COURT OR JURY DETERMINES THAT THE [PROPERTY] [DEBT] [OTHER OBLIGATION] BELONGS TO THE JUDGMENT DEBTOR AND IS SUBJECT TO APPLICATION TOWARD THE SATISFACTION OF ITS JUDGMENT, THEN YOU MAY BE ORDERED TO ....(PAY DAMAGES TO THE JUDGMENT CREDITOR OR SURRENDER THE PROPERTY OR OTHER OBLIGATION DUE TO THE JUDGMENT DEBTOR TO THE JUDGMENT CREDITOR).... ORDERED at ...., Florida, on .... (date) ....

« FORM 1.914(C). » Fla. R. Civ. P. Form 1.914(c)

FORM 1.914(C). AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO APPEAR. AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO APPEAR

BEFORE ME, the undersigned authority, appeared....(name of claimant or claimant’s agent)...., who, after being first duly sworn, deposes and states, under penalty of perjury: 1. I am the ....(claimant, or identify relationship to claimant).... 2. I (or claimant) was served with a Notice to Appear on....(date).... 3. I (or claimant) own(s) and ams entitled to possession of....(describe the property, debt, or other obligation due to the judgment debtor identified in the Notice to Appear).... 4. This property should not be applied to satisfy the judgment because.... (state all reasons why the property, debt, or other obligation due to the judgment debtor identified in the Notice to Appear should not be applied to satisfy the judgment).... 5. (Select a or b) a. I (or claimant) request(s) a trial by jury on all issues so triable. b. I (or claimant) request(s) a non-jury trial on all issues.

FURTHER AFFIANT SAYETH NAUGHT. Dated: ____________________ _____________________________ Signature of Affiant Printed Name: _____________________ STATE OF _____________________ COUNTY OF _____________________

Sworn to or affirmed and signed before me on this ___________ day of ___________, 20 ___________ by (name of affiant) ___________, who is personally known to me or who has produced ___________, as identification and who did take an oath. _____________________________ NOTARY PUBLIC, STATE OF ....(Print, Type or Stamp Commissioned Name of Notary Public) .... COMMITTEE NOTES 1980 Amendment. The description of the property to be levied on has to be made general so it encompasses all property subject to execution under section 56.061, Florida Statutes (1979). 2018 Adoption. Form 1.914(c) is used by a claimant to respond to a Notice to Appear under section 56.29(2), Florida Statutes. Legal defenses need not be filed under oath, but must be served contemporaneously with the affidavit. If the claimant’s property has already been levied upon, he or she may obtain possession of the property by filing with the officer having the execution a copy of this affidavit and by furnishing the officer a bond with surety, as set forth in section 56.16, Florida Statutes.

« FORM 1.915. » Fla. R. Civ. P. Form 1.915

FORM 1.915. WRIT OF POSSESSION. WRIT OF POSSESSION

THE STATE OF FLORIDA: To the Sheriff of _________ County, Florida: YOU ARE COMMANDED to remove all persons from the following described property in _________ County, Florida: (describe property)

and to put _________ in possession of it. DATED on _________

COMMITTEE NOTES 1973 Amendment. The form is changed to make the direction conform to the statutory requirement in section 48.011, Florida Statutes. 1980 Amendment. The direction on this form is changed to the sheriff of the county where the property is located, and the conclusion is modernized.

« FORM 1.916. » Fla. R. Civ. P. Form 1.916

FORM 1.916. REPLEVIN ORDER TO SHOW CAUSE. ORDER TO SHOW CAUSE

THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to serve this order on defendant, _________, by personal service as provided by law, if possible, or, if you are unable to personally serve defendant within the time specified, by placing a copy of this order with a copy of the summons on the claimed property located at _________, Florida, at least 5 days before the hearing scheduled below, excluding the day of service and intermediate Saturdays, Sundays, and legal holidays. Nonpersonal service as provided in this order shall be effective to afford notice to defendant of this order, but for no other purpose. Defendant shall show cause before the Honorable _________, on _________ (date) _________, at _________m. in the _________ County Courthouse in _________, Florida, why the property claimed by plaintiff in the complaint filed in this action should not be taken from the possession of defendant and delivered to plaintiff. Defendant may file affidavits, appear personally or with an attorney and present testimony at the time of the hearing, or, on a finding by the court pursuant to section 78.067(2), Florida Statutes (1979), that plaintiff is entitled to possession of the property described in the complaint pending final adjudication of the claims of the parties, file with the court a written undertaking executed by a surety approved by the court in an amount equal to

the value of the property to stay an order authorizing the delivery of the property to plaintiff. If defendant fails to appear as ordered, defendant shall be deemed to have waived the right to a hearing. The court may thereupon order the clerk to issue a writ of replevin. ORDERED at _________, Florida, on _________ (date) _________

COMMITTEE NOTES 1980 Adoption. Former form 1.916 is repealed because of the consolidation of writs of assistance with writs of possession. The new form is the replevin order to show cause prescribed by section 78.065, Florida Statutes (1979). 1996 Amendment. This form is amended to provide for service at least 5 days before the show cause hearing, rather than by a specified date.

« FORM 1.917. » Fla. R. Civ. P. Form 1.917

FORM 1.917. NE EXEAT. WRIT OF NE EXEAT

THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to detain the defendant, _________, and to require the defendant to give bond in the sum of $ _________ payable to the Governor of Florida and the Governor’s successors in office conditioned that the defendant will answer plaintiff’s pleading in this action and will not depart from the state without leave of court and will comply with the lawful orders of this court, with sureties to be approved by the clerk of this court. If the defendant does not give the bond, the defendant shall be taken into custody and be confined in the _________ County jail until the defendant gives the bond or until further order of this court. If the defendant does not give the bond, the defendant shall be brought before a judge of this court within 24 hours of confinement. DATED on _________

COMMITTEE NOTES 1976 Amendment. See 1976 Op. Att’y Gen. Fla. 076-13 (Jan. 23, 1976).

« FORM 1.918. » Fla. R. Civ. P. Form 1.918

FORM 1.918. LIS PENDENS. NOTICE OF LIS PENDENS TO DEFENDANT(S) _________, AND ALL OTHERS WHOM IT MAY CONCERN: YOU ARE NOTIFIED OF THE FOLLOWING: (a) The plaintiff has instituted this action against you seeking (‘‘to foreclose a mortgage’’ or ‘‘to partition’’ or ‘‘to quiet title’’ or other type of action) with respect to the property described below; (b) The plaintiff(s) in this action is/are: (1) __________________ (2) __________________ (c) The date of the institution of this action is __________________ OR: the date on the clerk’s electronic receipt for the action’s filing is __________________ OR: the case number of the action is as shown in the caption. OR: the case number of the action is as shown in the caption. (d) The property that is the subject matter of this action is in __________________ County, Florida, and is described as follows: (legal description of property) DATED ON _________.

NOTE: This form is not to be recorded without the clerk’s case number.

COMMITTEE NOTES 2009 Amendment. This form was substantially rewritten due to the amendments to section 48.23, Florida Statutes (2009). Section 48.23 provides that the notice must contain the names of all of the parties, the name of the court in which the action is instituted, a description of the property involved or affected, a description of the relief sought as to the property, and one of the following: the date of the institution of the action, the date of the clerk’s electronic receipt, or the case number. If the case number is used to satisfy the requirements of section 48.23, it should be inserted in the case caption of the notice.

« FORM 1.919. » Fla. R. Civ. P. Form 1.919

FORM 1.919. NOTICE OF ACTION; CONSTRUCTIVE SERVICE — NO PROPERTY. NOTICE OF ACTION TO _____________________: YOU ARE NOTIFIED that an action for (“construction of a will” or “reestablishment of a lost deed” or other type of action) has been filed against you and you are required to serve a copy of your written defenses, if any, to it on _________, the plaintiff’s attorney, whose address is _________, on or before _________ (date) _________, and file the original with the clerk of this court either before service on the plaintiff’s attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the complaint or petition.

DATED on _________

NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice. See section 49.08(1), Florida Statutes (1979).

« FORM 1.920. » Fla. R. Civ. P. Form 1.920

FORM 1.920. NOTICE OF ACTION; CONSTRUCTIVE SERVICE — PROPERTY. NOTICE OF ACTION

TO _____________________: YOU ARE NOTIFIED that an action to (“enforce a lien on” or “foreclose a mortgage on” or “quiet title to” or “partition” or other type of action) the following property in _________ County, Florida: (describe property) has been filed against you and you are required to serve a copy of your written defenses, if any, to it on _________, the plaintiff’s attorney, whose address is _________, on or before _________ (date) _________, and file the original with the clerk of this court either before service on the plaintiff’s attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the complaint or petition.

DATED on _________

NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice. See section 49.08(1), Florida Statutes (1979).

« FORM 1.921. » Fla. R. Civ. P. Form 1.921

FORM 1.921. NOTICE OF PRODUCTION FROM NONPARTY. NOTICE OF PRODUCTION

To ____________________: YOU ARE NOTIFIED that after 10 days from the date of service of this notice, if service is by delivery, or 15 days from the date of service, if service is by mail, and if no objection is received from any party, the undersigned will issue or apply to the clerk of this court for issuance of the attached subpoena directed to ____, who is not a party and whose address is ____, to produce the items listed at the time and place specified in the subpoena. DATED on _______

NOTE: This form of notice is for use with rule 1.351. A copy of the subpoena must be attached to this form for it to comply with the rule. COMMITTEE NOTES 1980 Adoption. This form is new. 1996 Amendment. This form was amended to comply with amendments to rules 1.351 and 1.410.

« FORM 1.922. » Fla. R. Civ. P. Form 1.922

FORM 1.922. SUBPOENA DUCES TECUM WITHOUT DEPOSITION. (a) When Witness Has Option to Furnish Records Instead of Attending Deposition; Issuance by Clerk. SUBPOENA DUCES TECUM

THE STATE OF FLORIDA: TO _____________________: YOU ARE COMMANDED to appear at _________ in _________, Florida, on ___________ (date) ___________, at _________(a.m./p.m.), and to have with you at that time and place the following: _________. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear as specified; or

(2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed.

DATED on _________.

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [applicable court personnel taking the deposition by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled court appearance is less than 7 days; if you are hearing or voice impaired, call 711. (b) When Witness Must Appear and Produce the Records; Issuance by Clerk. SUBPOENA DUCES TECUM

THE STATE OF FLORIDA: TO: _____________________: YOU ARE COMMANDED to appear at _________ in _________, Florida, on _________ (date) _________, at _________(a.m./p.m.), and to have with you at that time and place the following: _________.

These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear or furnish the records at the time and place specified instead of appearing; or (2) object to this subpoena, you may be in contempt of court. You are subpoenaed by the attorney whose name appears on this subpoena, and unless excused from this subpoena by the attorney or the court, you must respond to this subpoena as directed.

DATED on _________.

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [applicable court personnel taking the deposition by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled court appearance is less than 7 days; if you are hearing or voice impaired, call 711. (c) When Witness Has Option to Furnish Records Instead of Attending Deposition; Issuance by Attorney of Record.

SUBPOENA DUCES TECUM

THE STATE OF FLORIDA: TO _____________________: YOU ARE COMMANDED to appear at _________ in _________, Florida, on _________ (date) _________, at _________(a.m./p.m.), and to have with you at that time and place the following: _________. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed.

DATED on _________.

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [applicable court personnel taking the deposition by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled court appearance is less than 7 days; if you are hearing or voice impaired, call 711. (d) When Witness Must Appear and Produce the Records; Issuance by Attorney of Record.

THE STATE OF FLORIDA: TO _____________________: YOU ARE COMMANDED to appear at _________ in _________, Florida, on _________ (date) _________, at _________(a.m./p.m.), and to have with you at that time and place the following: _________. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to:

(1) appear or furnish the records at the time and place specified instead of appearing; or (2) object to this subpoena, you may be in contempt of court. You are subpoenaed by the attorney whose name appears on this subpoena, and unless excused from this subpoena by the attorney or the court, you must respond to this subpoena as directed.

DATED on _________.

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [applicable court personnel taking the deposition by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled court appearance is less than 7 days; if you are hearing or voice impaired, call 711. NOTE: These forms are to be used for production of documents under rule 1.351. Form (a) is used when the person having the records may furnish copies to the attorney requesting the subpoena instead of appearing at the time and place specified in the subpoena and the subpoena is to be issued by the clerk. Form (b) is used when the records must be produced at the time and place specified in the subpoena and the subpoena is to be issued by the clerk. Form (c) is used when the person having the records may furnish copies to the attorney requesting the subpoena instead of appearing at the time and place specified in the subpoena and the subpoena is to be issued by an attorney of record. Form (d) is used when the records must be produced at the time and place specified in the subpoena and the subpoena is to be issued by an attorney of record.

COMMITTEE NOTES 1980 Adoption. This form is new. 1996 Amendment. Forms (a) and (b) were amended and forms (c) and (d) were added to comply with amendments to rules 1.351 and 1.410. 2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings.

« FORM 1.923. » Fla. R. Civ. P. Form 1.923

FORM 1.923. EVICTION SUMMONS/RESIDENTIAL. EVICTION SUMMONS/RESIDENTIAL

TO: ____________________ Defendant(s) _____________________ _____________________ PLEASE READ CAREFULLY

You are being sued by _________ to require you to move out of the place where you are living for the reasons given in the attached complaint. You are entitled to a trial to determine whether you can be required to move, but you MUST do ALL of the things listed below. You must do them within 5 days (not including Saturday, Sunday, or any legal holiday) after the date these papers were given to you or to a person who lives with you or were posted at your home. THE THINGS YOU MUST DO ARE AS FOLLOWS: (1) Write down the reason(s) why you think you should not be forced to move. The written reason(s) must be given to the clerk of the court at _________ County Courthouse

_____________________ ____________________, Florida (2) Mail or give a copy of your written reason(s) to:

______________________

Plaintiff/Plaintiff’s Attorney ______________________ ______________________ Address (3) Pay to the clerk of the court the amount of rent that the attached complaint claims to be due and any rent that becomes due until the lawsuit is over. If you believe that the amount claimed in the complaint is incorrect, you should file with the clerk of the court a motion to have the court determine the amount to be paid. If you file a motion, you must attach to the motion any documents supporting your position and mail or give a copy of the motion to the plaintiff/plaintiff’s attorney. (4) If you file a motion to have the court determine the amount of rent to be paid to the clerk of the court, you must immediately contact the office of the judge to whom the case is assigned to schedule a hearing to decide what amount should be paid to the clerk of the court while the lawsuit is pending. _____________________________

IF YOU DO NOT DO ALL OF THE THINGS SPECIFIED ABOVE WITHIN 5 WORKING DAYS AFTER THE DATE THAT THESE PAPERS WERE GIVEN TO YOU OR TO A PERSON WHO LIVES WITH YOU OR WERE POSTED AT YOUR HOME, YOU MAY BE EVICTED WITHOUT A HEARING OR FURTHER NOTICE _____________________________ (5) If the attached complaint also contains a claim for money damages (such as unpaid rent), you must respond to that claim separately. You must write down the reasons why you believe that you do not owe the money claimed. The written reasons must be given to the clerk of the court at the address specified in paragraph (1) above, and you must mail or give a copy of your written reasons to the plaintiff/plaintiff’s attorney at the address specified in paragraph (2) above. This must be done within 20 days after the date these papers were given to you or to a person who lives with you. This

obligation is separate from the requirement of answering the claim for eviction within 5 working days after these papers were given to you or to a person who lives with you or were posted at your home.

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to serve this summons and a copy of the complaint in this lawsuit on the above-named defendant. DATED on _________

NOTIFICACION DE DESALOJO/RESIDENCIAL

A: _________ Demandado(s) __________________ __________________ SIRVASE LEER CON CUIDADO

Usted esta siendo demandado por _________ para exigirle que desaloje el lugar donde reside por los motivos que se expresan en la demanda adjunta.

Usted tiene derecho a ser sometido a juicio para determinar si se le puede exigir que se mude, pero ES NECESARIO que haga TODO lo que se le pide a continuacion en un plazo de 5 dias (no incluidos los sabados, domingos, ni dias feriados) a partir de la fecha en que estos documentos se le entregaron a usted o a una persona que vive con usted, o se colocaron en su casa. USTED DEBERA HACER LO SIGUIENTE: (1) Escribir el (los) motivo(s) por el (los) cual(es) cree que no se le debe obligar a mudarse. El (Los) motivo(s) debera(n) entregarse por escrito al secretario del tribunal en el _________ County Courthouse

______________________ ____________________, FLORIDA (2) Enviar por correo o darle su(s) motivo(s) por escrito a:

___________________________ Demandante/Abogrado del Demandante _____________________ _____________________ (3) Pagarle al secretario del tribunal el monto del alquiler que la demanda adjunta reclama como adeudado, asi como cualquier alquiler pagadero hasta que concluya el litigio. Si usted considera que el monto reclamado en la demanda es incorrecto, deberá presentarle al secretario del tribunal una moción para que el tribunal determine el monto que deba pagarse. Si usted presenta una moción, debera adjuntarle a esta cualesquiera documentos que respalden su posición, y enviar por correo o entregar una copia de la misma al demandante/abogado del demandante. (4) Si usted presenta una moción para que el tribunal determine el monto del alquiler que deba pagarse al secretario del tribunal, debera comunicarse de inmediato con la oficina del juez al que se le haya asignado el caso para que programe una audiencia con el fin de determinar el monto que deba

pagarse al secretario del tribunal mientras el litigio esté pendiente. _____________________________

SI USTED NO LLEVA A CABO LAS ACCIONES QUE SE ESPECIFICAN ANTERIORMENTE EN UN PLAZO DE 5 DIAS LABORABLES A PARTIR DE LA FECHA EN QUE ESTOS DOCUMENTOS SE LE ENTREGARON A USTED O A UNA PERSONA QUE VIVE CON USTED, O SE COLOQUEN EN SU CASA, SE LE PODRA DESALOJAR SIN NECESIDAD DE CELEBRAR UNA AUDIENCIA NI CURSARSELE OTRO AVISO _____________________________ (5) Si la demanda adjunta también incluye una reclamación por daños y perjuicios pecunarios (tales como el incumplimiento de pago del alquiler), usted deberá responder a dicha reclamación por separado. Deberá exponer por escrito los motivos por los cuales considera que usted no debe la suma reclamada, y entregarlos al secretario del tribunal en la dirección que se especifica en el parrafo (1) anterior, asi como enviar por correo o entregar una copia de los mismos al demandante/abogado del demandante en la dirección que se especifica en el parrafo (2) anterior. Esto deberá llevarse a cabo en un plazo de 20 dias a partir de la fecha en que estos documentos se le entregaron a usted o a una persona que vive con usted. Esta obligación es aparte del requisito de responder a la demanda de desalojo en un plazo de 5 dias a partir de la fecha en que estos documentos se le entregaron a usted o a una persona que vive con usted, o se coloquen en su casa.

Si usted es una persona minusválida que necesita algún acomodamiento para poder participar en este procedimiento, usted tiene derecho, sin tener gastos propios, a que se le provea cierta ayuda. Tenga la amabilidad de ponerse en contacto con [identify applicable court personnel by name, address, and telephone number], por lo menos 7 dias antes de la cita fijada para su comparecencia en los tribunales, o inmediatamente después de recibir esta notificación si el tiempo antes de la

comparecencia que se ha programado es menos de 7 dias; si usted tiene discapacitación del oído o de la voz, llame al 711. CITATION D’EVICTION/RESIDENTIELLE

A: ____________________ Defendeur(s) _____________________ _____________________ LISEZ ATTENTIVEMENT

Vous etes poursuivi par _________ pour exiger que vous evacuez les lieux de votre residence pour les raisons enumerees dans la plainte ci-dessous. Vous avez droit a un proces pour determiner si vous devez deme-nager, mais vous devez, au prealable, suivre les instructions enumerees ci-dessous, pendant les 5 jours (non compris le samedi, le dimanche, ou un jour ferie) a partir de la date ou ces documents ont ete donnes a vous ou a la personne vivant avec vous, ou ont ete affiches a votre residence. LISTE DES INSTRUCTIONS A SUIVRE: (1) Enumerer par ecrit les raisons pour lesquelles vous pensez ne pas avoir a demenager. Elles doivent etre remises au clerc du tribunal a _________ County Courthouse

_____________________ __________________, Florida (2) Envoyer ou donner une copie au:

___________________________ Plaignnant/Avocat du Plaignant

______________________ ______________________ (3) Payer au clerc du tribunal le montant des loyers dus comme etabli dans la plainte et le montant des loyers dus jusqu’a la fin du proces. Si vous pensez que le montant etabli dans la plainte est incorrect, vous devez presenter au clerc du tribunal une demande en justice pour determiner la somme a payer. Pour cela vous devez attacher a la demande tous les documents soutenant votre position et faire parvenir une copie de la demande au plaignant/avocat du plaignant. (4) Si vous faites une demande en justice pour determiner la somme a payer au clerc du tribunal, vous devrez immediatement prevenir le bureau de juge qui presidera au proces pour fixer la date de l’audience qui decidera quelle somme doit etre payee au clerc du tribunal pendant que le proces est en cours. _____________________________

SI VOUS NE SUIVEZ PAS CES INSTRUCTIONS A LA LETTRE DANS LES 5 JOURS QUE SUIVENT LA DATE OU CES DOCUMENTS ONT ETE REMIS A VOUS OU A LA PERSONNE HABITANT AVEC VOUS, OU ONT ETE AFFICHES A VOTRE RESIDENCE, VOUS POUVEZ ETRE EXPULSES SANS AUDIENCE OU SANS AVIS PREALABLE _____________________________ (5) Si la plainte ci-dessus contient une demande pour dommages pecuniaires, tels des loyers arrieres, vous devez y repondre separement. Vous devez enumerer par ecrit les raisons pour lesquelles vous estimez ne pas devoir le montant demande. Ces raisons ecrites doivent etre donnees au clerc du tribunal a l’adresse specifiee dans le paragraphe (1) et une copie de ces raisons donnee ou envoyee au plaignant/avocat du plaignant a l’adresse specifiee dans le paragraphe (2). Cela doit etre fait dans les 20 jours suivant la date ou ces documents ont ete presentes a vous ou a la personne habitant avec vous. Cette obligation ne fait pas partie des instructions a suivre en

reponse au proces d’eviction dans les 5 jours suivant la date ou ces documents ont ete presentes a vous ou a la personne habitant avec vous, ou affiches a votre residence. Si ou se yon moun ki enfim ki bezwen akomodasyon pou w kab patisipe nan pwosedi sa a, ou gen dwa, san ou pa bezwen peye okenn lajan, pou w jwenn yon sèten èd. Tanpri kontakte [identify applicable court personnel by name], Kòdonatris pwogram Lwa Ameriken pou Moun ki Enfim yo nan [identify court personnel’s address and telephone number], fè sa omwen 7 jou anvan dat ou gen randevou pou parèt nan Tribinal la, oswa fè sa imedyatman apre ou fin resevwa konvokasyon an si dat ou gen pou w parèt nan tribinal la mwens pase 7 jou; si ou gen pwoblèm pou w tande byen oswa pou w pale klè, rele 711. COMMITTEE NOTES 1988 Adoption. This form was added to inform those sought to be evicted of the procedure they must follow to resist eviction. 1996 Amendment. This is a substantial revision of form 1.923 to comply with the requirements of section 83.60, Florida Statutes, as amended in 1993.

« FORM 1.924. » Fla. R. Civ. P. Form 1.924

FORM 1.924. AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY.

« FORM 1.932. » Fla. R. Civ. P. Form 1.932

FORM 1.932. OPEN ACCOUNT. COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. Defendant owes plaintiff $ _________ that is due with interest since _________ (date) _________, according to the attached account.

WHEREFORE plaintiff demands judgment for damages against defendant. NOTE: A copy of the account showing items, time of accrual of each, and amount of each must be attached.

« FORM 1.933. » Fla. R. Civ. P. Form 1.933

FORM 1.933. ACCOUNT STATED. COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. Before the institution of this action plaintiff and defendant had business transactions between them and on _________ (date) _________, they agreed to the resulting balance. 3. Plaintiff rendered a statement of it to defendant, a copy being attached, and defendant did not object to the statement. 4. Defendant owes plaintiff $ _________ that is due with interest since _________ (date) _________, on the account.

WHEREFORE plaintiff demands judgment for damages against defendant. NOTE: A copy of the account showing items, time of accrual of each, and amount of each must be attached.

« FORM 1.934. » Fla. R. Civ. P. Form 1.934

FORM 1.934. PROMISSORY NOTE. COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. On _________ (date) _________, defendant executed and delivered a promissory note, a copy being attached, to plaintiff in _________ County, Florida. 3. Plaintiff owns and holds the note. 4. Defendant failed to pay (use a or b) a. the note when due. b. the installment payment due on the note on ____(date)____ and plaintiff elected to accelerate payment of the balance. 5. Defendant owes plaintiff $ _________ that is due with interest since _________(date)_________, on the note. 6. Plaintiff is obligated to pay his/her attorneys a reasonable fee for their services.

WHEREFORE plaintiff demands judgment for damages against defendant. NOTE: A copy of the note must be attached. Use paragraph 4a. or b. as applicable and paragraph 6 if appropriate. COMMITTEE NOTES 1980 Amendment. Paragraph 3 is added to show ownership of the note, and paragraph 4 is clarified to show that either 4a or 4b is used, but not both.

« FORM 1.935. » Fla. R. Civ. P. Form 1.935

FORM 1.935. GOODS SOLD. COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. Defendant owes plaintiff $ _________ that is due with interest since _________ (date) _________, for the following goods sold and delivered by plaintiff to defendant between _________ (date) _________, and _________ (date) _________: (list goods and prices)

WHEREFORE plaintiff demands judgment for damages against defendant.

« FORM 1.936. » Fla. R. Civ. P. Form 1.936

FORM 1.936. MONEY LENT. COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. Defendant owes plaintiff $ _________ that is due with interest since _________ (date) _________, for money lent by plaintiff to defendant on _________ (date) _________

WHEREFORE plaintiff demands judgment for damages against defendant.

« FORM 1.937. » Fla. R. Civ. P. Form 1.937

FORM 1.937. REPLEVIN. COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action to recover possession of personal property in _________ County, Florida. 2. The description of the property is: (list property)

To the best of plaintiff’s knowledge, information, and belief, the value of the property is $ _________ 3. Plaintiff is entitled to the possession of the property under a security agreement dated _________, a copy of the agreement being attached. 4. To plaintiff’s best knowledge, information, and belief, the property is located at _________ 5. The property is wrongfully detained by defendant. Defendant came into possession of the property by (method of possession). To plaintiff’s best knowledge, information, and belief, defendant detains the property because (give reasons). 6. The property has not been taken for any tax, assessment, or fine pursuant to law. 7. The property has not been taken under an execution or attachment against plaintiff’s property.

WHEREFORE plaintiff demands judgment for possession of the property. NOTE: Paragraph 3 must be modified if the right to possession arose in another manner. Allegations and a demand for damages, if appropriate, can be added to the form.

COMMITTEE NOTES 1980 Amendment. The form is amended to comply with the amendments to the replevin statutes pursuant to Fuentes v. Shevin, 407 U.S. 67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972).

« FORM 1.938. » Fla. R. Civ. P. Form 1.938

FORM 1.938. FORCIBLE ENTRY AND DETENTION. COMPLAINT

Plaintiff, A.B., sues defendant, C.D., and alleges: 1. This is an action to recover possession of real property unlawfully (forcibly) detained in _________ County, Florida. 2. Plaintiff is entitled to possession of the following real property in said county: (insert description of property) 3. Defendant has unlawfully (forcibly) turned plaintiff out of and withholds possession of the property from plaintiff.

WHEREFORE plaintiff demands judgment for possession of the property and damages against defendant. NOTE: Substitute “forcibly” for “unlawfully” or add it as an alternative when applicable. This form cannot be used for residential tenancies.

« FORM 1.939. » Fla. R. Civ. P. Form 1.939

FORM 1.939. CONVERSION. COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. On or about _________ (date) _________, defendant converted to his/her own use (insert description of property converted) that was then the property of plaintiff of the value of $ _________

WHEREFORE plaintiff demands judgment for damages against defendant.

« FORM 1.940. » Fla. R. Civ. P. Form 1.940

FORM 1.940. EJECTMENT. COMPLAINT

Plaintiff, A.B., sues defendant, C.D., and alleges: 1. This is an action to recover possession of real property in _________ County, Florida. 2. Defendant is in possession of the following real property in the county: (describe property) to which plaintiff claims title as shown by the attached statement of plaintiff’s chain of title. 3. Defendant refuses to deliver possession of the property to plaintiff or pay plaintiff the profits from it.

WHEREFORE plaintiff demands judgment for possession of the property and damages against defendant. NOTE: A statement of plaintiff’s chain of title must be attached. COMMITTEE NOTES 1980 Amendment. The words “possession of” are inserted in paragraph 1 for clarification.

« FORM 1.941. » Fla. R. Civ. P. Form 1.941

FORM 1.941. SPECIFIC PERFORMANCE. COMPLAINT

Plaintiff, A. B., sued defendant, C. D., and alleges: 1. This is an action for specific performance of a contract to convey real property in _________ County, Florida. 2. On _________ (date) _________, plaintiff and defendant entered into a written contract, a copy being attached. 3. Plaintiff tendered the purchase price to defendant and requested a conveyance of the real property described in the contract. 4. Defendant refused to accept the tender or to make the conveyance. 5. Plaintiff offers to pay the purchase price.

WHEREFORE plaintiff demands judgment that defendant be required to perform the contract for damages. NOTE: A copy of the sales contract must be attached. COMMITTEE NOTES 1980 Amendment. Paragraph 3 is divided into 2 paragraphs to properly accord with rule 1.110(f).

« FORM 1.942. » Fla. R. Civ. P. Form 1.942

FORM 1.942. CHECK. COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. On _________ (date) _________, defendant executed a written order for the payment of $ _________, commonly called a check, a copy being attached, payable to the order of plaintiff and delivered it to plaintiff. 3. The check was presented for payment to the drawee bank but payment was refused. 4. Plaintiff holds the check and it has not been paid. 5. Defendant owes plaintiff $ _________ that is due with interest from _________ (date) _________, on the check.

WHEREFORE plaintiff demands judgment for damages against defendant. NOTE: A copy of the check must be attached. Allegations about endorsements are omitted from this form and must be added when proper. COMMITTEE NOTES 1980 Amendment. Paragraph 4 is divided into 2 paragraphs to properly accord with rule 1.110(f).

« FORM 1.944(A). » Fla. R. Civ. P. Form 1.944(a)

FORM 1.944(A). MORTGAGE FORECLOSURE. (When location of original note known) COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action to foreclose a mortgage on real property in _________ County, Florida. 2. On (date) , defendant executed and delivered a promissory note and a mortgage securing payment of the note to _________ (plaintiff or plaintiff’s predecessor) _________. The mortgage was recorded on (date) , in Official Records Book _________ at page _________ of the public records of _________ County, Florida, and mortgaged the property described in the mortgage then owned by and in possession of the mortgagor, a copy of the mortgage and the note being attached. 3. (Select a, b, c, or d) (a) Plaintiff is the holder of the original note secured by the mortgage. (b) Plaintiff is a person entitled to enforce the note under applicable law because (allege specific facts) . (c) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of _________ (name of holder) _________, the holder of the original note. The document(s) that grant(s) plaintiff the authority to act on behalf of the holder of the original note is/are as follows _____________________. (d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of _________ (name of non-holder)_________, who is not the holder but is entitled to enforce the note under section 673.3011(2), Florida Statutes, because _________ (allege specific facts)_________. The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows _____________________.

4. The property is now owned by defendant who holds possession. 5. Defendant has defaulted under the note and mortgage by failing to pay the payment due (date) and all subsequent payments (allege other defaults as applicable) . 6. Plaintiff declares the full amount payable under the note and mortgage to be due. 7. Defendant owes plaintiff $ _________ that is due on principal on the note and mortgage, interest from (date) , and title search expense for ascertaining necessary parties to this action. 8. Plaintiff is obligated to pay plaintiff’s attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys’ fees under (allege statutory and/or contractual bases, as applicable) .

WHEREFORE, plaintiff demands judgment foreclosing the mortgage, for costs (and, when applicable, for attorneys’ fees), and, if the proceeds of the sale are insufficient to pay plaintiff’s claim, a deficiency judgment. NOTE: An action for foreclosure of a mortgage on residential real property must contain an oath, affirmation, or the following statement as required by rule 1.115(e). VERIFICATION Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. ________________________

CERTIFICATION OF POSSESSION OF ORIGINAL NOTE

The undersigned hereby certifies: 1. That plaintiff is in possession of the original promissory note upon

which this action is brought. 2. The location of the original promissory note is: (location) . 3. The name and title of the person giving the certification is: (name and title) . 4. The name of the person who personally verified such possession is: (name) . 5. The time and date on which possession was verified were: date) .

(time and

6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or assignments of the note) are attached to this certification. 7. I give this statement based on my personal knowledge.

Under penalties of perjury, I declare that I have read the foregoing Certification of Possession of Original Note and that the facts stated in it are true.

NOTE: This form is for installment payments with acceleration. It omits allegations about junior encumbrances, unpaid taxes, unpaid insurance premiums, other nonmonetary defaults, and for a receiver. They must be added when appropriate. A copy of the note and mortgage must be attached. This form may require modification. This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes (2013) and rule 1.115. It is also designed to conform to section 673.3011, Florida Statutes (2013), except that part of section 673.3011, Florida Statutes, which defines a person entitled to enforce an instrument under section 673.3091, Florida Statutes. See form 1.944(b). Pursuant to section 702.015,

Florida Statutes (2013), a certification of possession of the original promissory note must be filed contemporaneously with the Complaint (form 1.944(a)) or, in the event that the plaintiff seeks to enforce a lost, destroyed, or stolen instrument, an affidavit setting forth the facts required by law must be attached to the complaint (form 1.944(b)).

« FORM 1.944(B). » Fla. R. Civ. P. Form 1.944(b)

FORM 1.944(B). MORTGAGE FORECLOSURE. (When location of original note unknown) COMPLAINT Plaintiff, ABC, sues defendant, XYZ, and states: 1. This is an action to foreclose a mortgage on real property in _________ County, Florida. 2. On (date) , defendant executed and delivered a promissory note and a mortgage securing the payment of said note to (plaintiff or plaintiff’s predecessor) . The mortgage was recorded on (date) , in Official Records Book _________ at page _________ of the public records of __________________ County, Florida, and mortgaged the property described therein which was then owned by and in possession of the mortgagor. A copy of the mortgage and note are attached to the affidavit which is attached hereto as Composite Exhibit “1”; the contents of the affidavit are specifically incorporated by reference. 3. Plaintiff is not in possession of the note but is entitled to enforce it. 4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of the note because (a) the note was destroyed. (b) the note is lost. (c) the note is in the wrongful possession of an unknown person. (d) the note is in the wrongful possession of a person that cannot be found or is not amenable to service of process. 5. (select a, b, c, d, e, or f) (a) When loss of possession occurred, plaintiff was the holder of the original note secured by the mortgage. (b) When loss of possession occurred, plaintiff was a person entitled to enforce the note under applicable law because (allege specific facts) .

(c) Plaintiff has directly or indirectly acquired ownership of the note from a person entitled to enforce the note when loss of possession occurred as follows: (allege facts as to transfer of ownership) . (d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the holder of the original note who lost possession of the note. The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows _____________________ (attach documents if not already attached). (e) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person entitled to enforce the note when loss of possession occurred because _________ (allege specific facts)_________. The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows _________ (attach documents if not already attached). (f) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person or entity who directly or indirectly acquired ownership of the note from a person entitled to enforce the note when loss of possession occurred, as follows:_________ (allege specific facts) _________ the document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows _________ (attach documents if not already attached). 6. Plaintiff did not transfer the note or lose possession of it as the result of a lawful seizure. 7. The property is now owned by defendant who holds possession. 8. Defendant has defaulted under the note and mortgage by failing to pay the payment(s) due (date(s)) , and all subsequent payments (identify other defaults as applicable) . 9. Plaintiff declares the full amount payable under the note and mortgage to be due. 10. Defendant owes plaintiff $ _________ that is due on principal on the note and mortgage, interest from (date) , and title search expense for ascertaining necessary parties to this action. 11. Plaintiff is obligated to pay its attorneys a reasonable fee for their

services. Plaintiff is entitled to recover its attorneys’ fees for prosecuting this claim pursuant to (identify statutory and/or contractual bases, as applicable) .

WHEREFORE, Plaintiff demands judgment re-establishing the promissory note, determining the amount and nature of adequate protection to be required by sections 673.3091(2) and 702.11, Florida Statutes, foreclosing the mortgage, for costs (and, where applicable, for attorneys’ fees), and if the proceeds of the sale are insufficient to pay plaintiff’s claim, a deficiency judgment. NOTE: An action for foreclosure of a mortgage on residential real property must contain an oath, affirmation, or the following statement as required by rule 1.115(e). VERIFICATION

Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief.

AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF ____________________

BEFORE ME, the undersigned authority, personally appeared (name) , who, after being first duly sworn, deposes and states, under penalty of perjury: 1. I am the plaintiff (or plaintiff’s ____________________) (identify relationship to plaintiff).

I am executing this affidavit in support of plaintiff’s

Complaint against defendant and I have personal knowledge of the matters set forth herein. 2. On (date) , the public records reflect that defendant executed and delivered a mortgage securing the payment of the note to (plaintiff/plaintiff’s predecessor) . The mortgage was recorded on (date) , in Official Records Book _________ at page _________ of the public records of _________ County, Florida, and mortgaged the property described therein, which was then owned by and in possession of the mortgagor, a copy of the mortgage and the note being attached. 3. Plaintiff is not in possession of the note but is entitled to enforce it. 4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of the note because (a) the note was destroyed. (b) the note is lost. (c) the note is in the wrongful possession of an unknown person. (d) the note is in the wrongful possession of a person who cannot be found or is not amenable to service of process. 5. (select a, b, c, d, e, or f) (a) When loss of possession occurred, plaintiff was the holder of the original note secured by the mortgage. (b) When loss of possession occurred, plaintiff was a person entitled to enforce the note under applicable law because (allege specific facts) . (c) Plaintiff has directly or indirectly acquired ownership of the note from a person entitled to enforce the note when loss of possession occurred as follows: (allege facts regarding transfer of ownership) . (d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the holder of the original note who lost possession of the note. The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows _____________________ (attach copy of document(s) or relevant portion(s) of the document(s)).

(e) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person entitled to enforce the original note when loss of possession occurred, because _________ (allege specific facts) _________. The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows _________ (attach documents if not already attached). (f) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person or entity who directly or indirectly acquired ownership of the note from a person entitled to enforce the original note when loss of possession occurred, as follows _________ (allege specific facts) _________. The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows _________ (attach documents if not already attached). 6. Below is the clear chain of the endorsements, transfers, allonges or assignments of the note and all documents that evidence same as are available to Plaintiff: (identify in chronological order all endorsements, transfers, assignments of, allonges to, the note or other evidence of the acquisition, ownership and possession of the note) . Correct copies of the foregoing documents are attached to this affidavit. 7. Plaintiff did not transfer the note or lose possession of it as the result of a lawful seizure. FURTHER, AFFIANT SAYETH NAUGHT.

STATE OF FLORIDA COUNTY OF ____________________

BEFORE ME, the undersigned authority appeared (name of affiant) , who _________ is personally known to me or _________ produced identification _________ and acknowledged that he/she executed the foregoing instrument for the purposes expressed therein and who did take an oath.

WITNESS my hand and seal in the State and County aforesaid, this (date) .

COMMITTEE NOTES 2014 Adoption. This form is for installment payments with acceleration. It omits allegations about junior encumbrances, unpaid taxes, unpaid insurance premiums, other nonmonetary defaults, and for a receiver. Allegations must be added when appropriate. This form may require modification. This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes (2013), and rule 1.115. It is also designed to comply with section 673.3091, Florida Statutes (2013). Adequate protection as required by sections 702.11 (2013) and 673.3091(2), Florida Statutes (2013), must be provided before the entry of final judgment.

« FORM 1.944(C). » Fla. R. Civ. P. Form 1.944(c)

FORM 1.944(C). MOTION FOR ORDER TO SHOW CAUSE. PLAINTIFF’S MOTION FOR ORDER TO SHOW CAUSE FOR ENTRY OF FINAL JUDGMENT OF FORECLOSURE 1. Plaintiff is a lienholder of real property located at (address) or is a Condominium Association/Cooperative Association/Homeowner’s Association . 2. The plaintiff has filed a verified complaint in conformity with applicable law, which is attached. 3. The plaintiff requests this court issue an order requiring defendant(s) to appear before the court to show cause why a final judgment of foreclosure should not be entered against defendant(s). 4. The date of the hearing may not occur sooner than the later of 20 days after service of the order to show cause or 45 days after service of the initial complaint.

OR COMMENT: Use the following when service is by publication: 4. When service is obtained by publication, the date for the hearing may not be set sooner than 30 days after the first publication. 5. The accompanying proposed order to show cause affords defendant(s) all the rights and obligations as contemplated by applicable law. 6. Upon the entry of the order to show cause, plaintiff shall serve a copy of the executed order to show cause for entry of final judgment as required by law.

Plaintiff requests the court review this complaint and grant this motion for order to show cause for entry of final judgment of foreclosure, and grant such further relief as may be awarded at law or in equity.

Certificate of Service COMMITTEE NOTES 2014 Adoption. This form is designed to comply with section 702.10, Florida Statutes (2013).

« FORM 1.944(D). » Fla. R. Civ. P. Form 1.944(d)

FORM 1.944(D). ORDER TO SHOW CAUSE. ORDER TO SHOW CAUSE

THIS CAUSE has come before the court on _________ plaintiff’s/lien holder’s _________ motion for order to show cause for entry of final judgment of mortgage foreclosure and the court having reviewed the motion and the verified complaint, and being otherwise fully advised in the circumstances, finds and it is ORDERED AND ADJUDGED that: 1. The defendant(s) shall appear at a hearing on foreclosure on (date) at (time) before the undersigned judge, in the (county) Courthouse at (address) , to show cause why the attached final judgment of foreclosure should not be entered against the defendant(s) in this cause. This hearing referred to in this order is a “show cause hearing.” 2. This ORDER TO SHOW CAUSE shall be served on the defendant(s) in accordance with the Florida Rules of Civil Procedure and applicable law as follows: a. If the defendant(s) has/have been served under Chapter 48, Florida Statutes, with the verified complaint and original process has already been effectuated, service of this order may be made in the manner provided in the Florida Rules of Civil Procedure; or, if the other party is the plaintiff in the action, service of the order to show cause on that party may be made in the manner provided in the Florida Rules of Civil Procedure. b. If the defendant(s) has/have not been served under Chapter 48, Florida Statutes, with the verified complaint and original process, the order to show cause, together with the summons and a copy of the verified complaint, shall be served on the party in the same manner as provided by law for original process. 3. The filing of defenses by a motion or verified answer at or before the

show cause hearing constitutes cause for which the court may not enter the attached final judgment. 4. Defendant(s) has/have the right to file affidavits or other papers at the time of the show cause hearing and may appear at the hearing personally or by an attorney. 5. If defendant(s) file(s) motions, they may be considered at the time of the show cause hearing. 6. Defendant(s)’ failure to appear either in person or by an attorney at the show cause hearing or to file defenses by motion or by a verified or sworn answer, affidavits, or other papers which raise a genuine issue of material fact which would preclude entry of summary judgment or which would otherwise constitute a legal defense to foreclosure, after being served as provided by law with the order to show cause, will be deemed presumptively a waiver of the right to a hearing. In such case, the court may enter a final judgment of foreclosure ordering the clerk of the court to conduct a foreclosure sale. An order requiring defendant(s) to vacate the premises may also be entered. 7. If the mortgage provides for reasonable attorney’s fees and the requested fee does not exceed 3% of the principal amount owed at the time the complaint is filed, the court may not need to hold a hearing to adjudge the requested fee to be reasonable. 8. Any final judgment of foreclosure entered under section 702.10(1) Florida Statutes, shall be only for in rem relief; however, entry of such final judgment of foreclosure shall not preclude entry of an in personam money damages judgment or deficiency judgment where otherwise allowed by law. 9. A copy of the proposed final judgment is attached and will be entered by the court if defendant(s) waive(s) the right to be heard at the show cause hearing.

DONE AND ORDERED at (county) , Florida (date) .

Copies to: COMMITTEE NOTES

2014 Adoption. This form is designed to comply with section 702.10(1), Florida Statutes (2013).

« FORM 1.945. » Fla. R. Civ. P. Form 1.945

FORM 1.945. MOTOR VEHICLE NEGLIGENCE. COMPLAINT

Plaintiff, A. B., sues defendants, C. D., and E. F., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. (Use a or b) a. On or about _________ (date) _________, defendant, C. D., owned a motor vehicle that was operated with his/her consent by defendant, E. F., at _________ in _________, Florida. b. On or about _________ (date) _________, defendant owned and operated a motor vehicle at _________ in _________, Florida. 3. At that time and place defendants negligently operated or maintained the motor vehicle so that it collided with plaintiff’s motor vehicle. 4. As a result plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the future. Plaintiff’s automobile was damaged and he/she lost the use of it during the period required for its repair or replacement.

WHEREFORE plaintiff demands judgment for damages against defendants. NOTE: This form, except for paragraph 2b, is for use when owner and driver are different persons. Use paragraph 2b when they are the same. If paragraph 2b is used, “defendants”must be changed to “defendant” wherever it appears. COMMITTEE NOTES 1980 Amendment. This form was changed to show that one of the

alternatives in paragraph 2 is used, but not both, and paragraph 4 has been changed to paraphrase Standard Jury Instruction 6.2.

« FORM 1.946. » Fla. R. Civ. P. Form 1.946

FORM 1.946. MOTOR VEHICLE NEGLIGENCE WHEN PLAINTIFF IS UNABLE TO DETERMINE WHO IS RESPONSIBLE. COMPLAINT

Plaintiff, A. B., sues defendants, C. D., and E. F., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. On or about _________ (date) _________, defendant, C. D., or defendant, E. F., or both defendants, owned and operated motor vehicles at _________ in _________, Florida. 3. At that time and place defendants, or one of them, negligently operated or maintained their motor vehicles so that one or both of them collided with plaintiff’s motor vehicle. 4. As a result plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the future. Plaintiff’s automobile was damaged and he/she lost the use of it during the period required for its repair or replacement.

WHEREFORE plaintiff demands judgment for damages against defendants. NOTE: Allegations when owner and driver are different persons are omitted from this form and must be added when proper. COMMITTEE NOTES 1980 Amendment. Paragraph 4 is changed to paraphrase Standard Jury Instruction 6.2.

« FORM 1.947. » Fla. R. Civ. P. Form 1.947

FORM 1.947. TENANT EVICTION. COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action to evict a tenant from real property in _________ County, Florida. 2. Plaintiff owns the following described real property in said county:

(describe property) 3. Defendant has possession of the property under (oral, written) agreement to pay rent of $ _________ payable _________ 4. Defendant failed to pay rent due _________ (date) _________ 5. Plaintiff served defendant with a notice on _________ (date) _________ to pay the rent or deliver possession but defendant refuses to do either.

WHEREFORE plaintiff demands judgment for possession of the property against defendant. NOTE: Paragraph 3 must specify whether the rental agreement is written or oral and if written, a copy must be attached.

« FORM 1.948. » Fla. R. Civ. P. Form 1.948

FORM 1.948. THIRD-PARTY COMPLAINT. GENERAL FORM. THIRD-PARTY COMPLAINT

Defendant, C.D., sues third-party defendant, E.F., and alleges: 1. Plaintiff filed a complaint against defendant, C.D., a copy being attached. 2. (State the cause of action that C.D. has against E.F. for all or part of what A.B. may recover from C.D. as in an original complaint.)

WHEREFORE defendant, C.D., demands judgment against the third-party defendant, E.F., for all damages that are adjudged against defendant, C.D., in favor of plaintiff. NOTE: A copy of the complaint from which the third-party complaint is derived must be attached. COMMITTEE NOTES 1988 Amendment. The first sentence was changed to eliminate the words “and third party plaintiff.”

« FORM 1.949. » Fla. R. Civ. P. Form 1.949

FORM 1.949. IMPLIED WARRANTY. COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. Defendant manufactured a product known and described as (describe product). 3. Defendant warranted that the product was reasonably fit for its intended use as (describe intended use). 4. On _________ (date) _________, at _________ in _________ County, Florida, the product (describe the occurrence and defect that resulted in injury) while being used for its intended purpose, causing injuries to plaintiff who was then a user of the product. 5. As a result plaintiff was injured in and about his/her body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, and suffered physical handicap, and his/her working ability was impaired; the injuries are either permanent or continuing in their nature and plaintiff will suffer the losses and impairment in the future.

WHEREFORE plaintiff demands judgment for damages against defendant. COMMITTEE NOTES 1972 Amendment. This form is changed to require an allegation of the defect in paragraph 4. Contentions were made in trial courts that the form as presently authorized eliminated the substantive requirement that the plaintiff prove a defect except under those circumstances when substantive law eliminates the necessity of such proof. Paragraph 4 is amended to show that no substantive law change was intended.

« FORM 1.951. » Fla. R. Civ. P. Form 1.951

FORM 1.951. FALL-DOWN NEGLIGENCE COMPLAINT. COMPLAINT

Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. On _________ (date) _________, defendant was the owner and in possession of a building at _________ in _________, Florida, that was used as a (describe use). 3. At that time and place plaintiff went on the property to (state purpose). 4. Defendant negligently maintained (describe item) on the property by (describe negligence or dangerous condition) so that plaintiff fell on the property. 5. The negligent condition was known to defendant or had existed for a sufficient length of time so that defendant should have known of it. 6. As a result plaintiff was injured in and about his/her body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, and suffered physical handicap, and his/her working ability was impaired; the injuries are either permanent or continuing in nature and plaintiff will suffer the losses and impairment in the future.

WHEREFORE plaintiff demands judgment for damages against defendant.

« FORM 1.960. » Fla. R. Civ. P. Form 1.960

FORM 1.960. BOND. GENERAL FORM. (TYPE OF BOND)

WE, (plaintiff’s name), as principal and (surety’s name), as Surety, are bound to (defendant’s name) in the sum of $ _________ for the payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if plaintiff shall (insert condition), then this bond is void; otherwise it remains in force. SIGNED AND SEALED on _________

COMMITTEE NOTES 1992 Amendment. The “Approved on [_________ (date) _________]” line is moved to a location immediately above the clerk’s name.

« FORM 1.961. » Fla. R. Civ. P. Form 1.961

FORM 1.961. VARIOUS BOND CONDITIONS. The following conditions are to be inserted in the second paragraph of form 1.960 in the blank provided for the condition of the bond. Other proper conditions must be inserted for other types of bonds. (a) Attachment, Garnishment, and Distress.

_________ pay all costs and damages that defendant sustains in consequence of plaintiff improperly suing out (type of writ) in this action _________ NOTE: The condition of an attachment bond in aid of foreclosure when the holder of the property is unknown is different from the foregoing condition. See section 76.12, Florida Statutes. (b) Costs.

_________ pay all costs and charges that are adjudged against plaintiff in this action _________ (c) Replevin.

_________ prosecute this action to effect and without delay, and if defendant recovers judgment against plaintiff in this action, plaintiff shall return the property replevied if return of it is adjudged, and shall pay defendant all money recovered against plaintiff by defendant in this action _________.

« FORM 1.965. » Fla. R. Civ. P. Form 1.965

FORM 1.965. DEFENSE. STATUTE OF LIMITATIONS. Each cause of action, claim, and item of damages did not accrue within the time prescribed by law for them before this action was brought.

« FORM 1.966. » Fla. R. Civ. P. Form 1.966

FORM 1.966. DEFENSE. PAYMENT. Before commencement of this action defendant discharged plaintiff’s claim and each item of it by payment.

« FORM 1.967. » Fla. R. Civ. P. Form 1.967

FORM 1.967. DEFENSE. ACCORD AND SATISFACTION. On _________ (date) _________, defendant delivered to plaintiff and plaintiff accepted from defendant (specify consideration) in full satisfaction of plaintiff’s claim.

« FORM 1.968. » Fla. R. Civ. P. Form 1.968

FORM 1.968. DEFENSE. FAILURE OF CONSIDERATION. The sole consideration for the execution and delivery of the promissory note described in paragraph _________ of the complaint was plaintiff’s promise to lend defendant $1,000; plaintiff failed to lend the sum to defendant. NOTE: This form is for failure to complete the loan evidenced by a promissory note. The contract, consideration, and default of the plaintiff must be varied to meet the facts of each case.

« FORM 1.969. » Fla. R. Civ. P. Form 1.969

FORM 1.969. DEFENSE. STATUTE OF FRAUDS. The agreement alleged in the complaint was not in writing and signed by defendant or by some other person authorized by defendant and was to answer for the debt, default, or miscarriage of another person. NOTE: This form is for one of the cases covered by the Statute of Frauds. It must be varied to meet the facts of other cases falling within the statute.

« FORM 1.970. » Fla. R. Civ. P. Form 1.970

FORM 1.970. DEFENSE. RELEASE. On _________ (date) _________, and after plaintiff’s claim in this action accrued, plaintiff released defendant from it, a copy of the release being attached. NOTE: This form is for the usual case of a written release. If the release is not in writing, the last clause must be omitted and the word “orally” inserted before “released.”

« FORM 1.971. » Fla. R. Civ. P. Form 1.971

FORM 1.971. DEFENSE. MOTOR VEHICLE CONTRIBUTORY NEGLIGENCE. Plaintiff’s negligence contributed to the accident and his/her injury and damages because he/she negligently operated or maintained the motor vehicle in which he/she was riding so that it collided with defendant’s motor vehicle.

« FORM 1.972. » Fla. R. Civ. P. Form 1.972

FORM 1.972. DEFENSE. ASSUMPTION OF RISK. Plaintiff knew of the existence of the danger complained of in the complaint, realized and appreciated the possibility of injury as a result of the danger, and, having a reasonable opportunity to avoid it, voluntarily exposed himself/herself to the danger. COMMITTEE NOTES 1980 Amendment. This form is amended to show the substantive changes caused by the substitution of the doctrine of comparative negligence for contributory negligence. The form is paraphrased from Standard Jury Instruction 3.8.

« FORM 1.975. » Fla. R. Civ. P. Form 1.975

FORM 1.975. NOTICE OF COMPLIANCE CONSTITUTIONAL CHALLENGE IS BROUGHT.

WHEN

NOTICE OF COMPLIANCE WITH SECTION 86.091, FLORIDA STATUTES

The undersigned hereby gives notice of compliance with Fla. R. Civ. P. 1.071, with respect to the constitutional challenge brought pursuant to (Florida statute, charter, ordinance, or franchise challenged). The undersigned complied by serving the (Attorney General for the state of Florida or State Attorney for the .... Judicial Circuit) with a copy of the pleading or motion challenging (Florida statute, charter, ordinance, or franchise challenged), by (certified or registered mail) on (date). ....(Name of Attorney).... Attorney for .... (Name of Client) .... ....(Address).... ....(Telephone No.).... ....(E-mail Address(es)).... Florida Bar No. .... COMMITTEE NOTES 2010 Adoption. This form is to be used to provide notice of a constitutional challenge as required by section 86.091, Florida Statutes. See rule 1.071. This form is to be used when the Attorney General or the State Attorney is not a named party to the action, but must be served solely in order to comply with the notice requirements set forth in section 86.091.

« FORM 1.976. » Fla. R. Civ. P. Form 1.976

FORM 1.976. STANDARD INTERROGATORIES. The forms of Florida standard interrogatories approved by the supreme court shall be used in the actions to which they apply, subject to the requirements of rule 1.340.

« FORM 1.977. » Fla. R. Civ. P. Form 1.977

FORM 1.977. FACT INFORMATION SHEET. (a) For Individuals. (CAPTION) FACT INFORMATION SHEET Full Legal Name: _____________________________ Nicknames or Aliases: _____________________________ Residence Address: _____________________________ Mailing Address (if different): _____________________________ Telephone Numbers: (Home) _____________________________ (Business) _____________________________ Name of Employer: _____________________________ Address of Employer: _____________________________ Position or Job Description: _____________________________ Rate of Pay: $ _____________________________ per _____________________________. Average Paycheck: $_____________________________ per _____________________________ Average Commissions or Bonuses: $ _________ per _________. Commissions or bonuses are based on _____________________________ Other Personal Income: _____________________________

$

_________

from

_____________________________ (Explain details on the back of this sheet or an additional sheet if necessary.) Social Security Number: ___________ Birthdate: ___________ Driver’s License Number: _____________________________ Marital

Status:

_____________________________

Spouse’s

Name:

_____________________________ **************************************** Spouse Related Portion Spouse’s Address (if different): _____________________________ Spouse’s Social Security Number: ___________ Birthdate: ___________ Spouse’s Employer: _____________________________ Spouse’s Average Paycheck or per_____________________________

Income:

$

_________

Other Family Income: $ _________ per _____________________________ (Explain details on back of this sheet or an additional sheet if necessary.) Describe all other accounts or investments you may have, including stocks, mutual funds, savings bonds, or annuities, on the back of this sheet or on an additional sheet if necessary. **************************************** Names and Ages of All Your Children (and addresses if not living with you): _____________________________ Child Support or Alimony _____________________________

Paid:

$

_________

per

Names of Others You Live With: _____________________________ Who is Head of Your Household? _________ You _________ Spouse _________ Other Person Checking Account at: _____________________________ Account # _____________________________ Savings Account at: _____________________________ _____________________________ _____________________________ For Real Estate (land) You Own or Are Buying: Address: _____________________________

Account

#

All Names on Title: _____________________________ Mortgage Owed to: _____________________________ Balance Owed: _____________________________ Monthly Payment: $ _____________________________ (Attach a copy of the deed or mortgage, or list the legal description of the property on the back of this sheet or an additional sheet if necessary. Also provide the same information on any other property you own or are buying.) For All Motor Vehicles You Own or Are Buying: Year/Make/Model: _____________________________ _____________________________ Vehicle ID No.: _________ _____________________________

Tag

No:

Color:

_________

Mileage:

Names on Title: _____________________________ Present Value: $ _____________________________ Loan Owed to: _____________________________ Balance on Loan: $ _____________________________ Monthly Payment: $ _____________________________ (List all other automobiles, as well as other vehicles, such as boats, motorcycles, bicycles, or aircraft, on the back of this sheet or an additional sheet if necessary.) Have you given, sold, loaned, or transferred any real or personal property worth more than $100 to any person in the last year? If your answer is ‘‘yes,’’ describe the property, market value, and sale price, and give the name and address of the person who received the property. Does anyone owe you _____________________________ Name and Address of _____________________________

money? Person

Amount Owing

Reason money is owed: _____________________________

Owed:

$

Money:

Please attach copies of the following:

a. Your last pay stub. b. Your last 3 statements for each bank, savings, credit union, or other financial account. c. Your motor vehicle registrations and titles. d. Any deeds or titles to any real or personal property you own or are buying, or leases to property you are renting. e. Your financial statements, loan applications, or lists of assets and liabilities submitted to any person or entity within the last 3 years. f. Your last 2 income tax returns filed. UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE AND COMPLETE.

Sworn to (or affirmed) and subscribed before me this _________ day of _________ (year), by (name of person making statement)

YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL ATTACHMENTS, TO THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR’S ATTORNEY, BUT DO NOT FILE THIS FORM WITH THE CLERK OF THE COURT.

(b) For Corporations and Other Business Entities. (CAPTION)

FACT INFORMATION SHEET Name of entity: _____________________________ Name and title of person _____________________________

filling

out

this

form:

Telephone number: _____________________________ Place of business: _____________________________ Mailing address (if different): _____________________________ Gross/taxable income reported for federal income tax purposes last three

Taxpayer identification number:_____________________________ Is this entity an S corporation for federal income tax purposes? _________ Yes _________No Average number of employees per month _________ Name of each shareholder, member, or partner owning 5% or more of the entity’s common stock, preferred stock, or other equity interest: _____________________________ _____________________________ _____________________________ Names of officers, directors, members, or partners: _____________________________ Checking account at: _____________________________ Account # _____________________________ Savings account at: _____________________________ _____________________________

Account

Does the entity own any vehicles? _________ Yes _________ No For each vehicle please state:

#

Year/Make/Model: _____________________________ _____________________________

Vehicle ID _________Mileage:_________

No:

Color:

_________Tag

No:

Names on Title: __________________ Present Value: $ __________________ Loan Owed to: _____________________________ Balance on Loan: $ _____________________________ Monthly Payment: $ _____________________________ Does the entity own any real property? _________ Yes _________ No

If yes, please state _____________________________

the

address(es):

_____________________________ Please check if the entity owns the following: _________ Boat _________ Camper _________ Stocks/bonds _________ Other real property _________ Other personal property Please attach copies of the following:

1. Copies of state and federal income tax returns for the past 3 years. 2. All bank, savings and loan, and other account books and statements for accounts in institutions in which the entity had any legal or equitable interest for the past 3 years. 3. All canceled checks for the 12 months immediately

preceding the service date of this Fact Information Sheet for accounts in which the entity held any legal or equitable interest. 4. All deeds, leases, mortgages, or other written instruments evidencing any interest in or ownership of real property at any time within the 12 months immediately preceding the date this lawsuit was filed. 5. Bills of sale or other written evidence of the gift, sale, purchase, or other transfer of any personal or real property to or from the entity within the 12 months immediately preceding the date this lawsuit was filed. 6. Motor vehicle or vessel documents, including titles and registrations relating to any motor vehicles or vessels owned by the entity alone or with others. 7. Financial statements as to the entity’s assets, liabilities, and owner’s equity prepared within the 12 months immediately preceding the service date of this Fact Information Sheet. 8. Minutes of all meetings of the entity’s members, partners, shareholders, or board of directors held within 2 years of the service date of this Fact Information Sheet. 9. Resolutions of the entity’s members, partners, shareholders, or board of directors passed within 2 years of the service date of this Fact Information Sheet. UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE AND COMPLETE.

Sworn to (or affirmed) and subscribed before me this _________ day of

_________ (year), by (name of person making statement)

Type of identification produced ______________ YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL ATTACHMENTS, TO THE PLAINTIFF’S JUDGMENT CREDITOR OR THE PLAINTIFF’S JUDGMENT CREDITOR’S ATTORNEY, BUT DO NOT FILE THIS FORM WITH THE CLERK OF THE COURT. COMMITTEE NOTES 2000 Adoption. This form is added to comply with amendments to rule 1.560. 2013 Amendment. This amendment clarifies that the judgment debtor should mail or deliver the Fact Information Sheet only to the judgment creditor or the judgment creditor’s attorney, and should not file the Fact Information Sheet with the clerk of the court.

« FORM 1.980. » Fla. R. Civ. P. Form 1.980

FORM 1.980. DEFAULT. MOTION FOR DEFAULT

Plaintiff moves for entry of a default by the clerk against defendant ____ for failure to serve any document on the undersigned or file any document as required by law.

DEFAULT

A default is entered in this action against the defendant named in the foregoing motion for failure to serve or file any document as required by law.

« FORM 1.981. » Fla. R. Civ. P. Form 1.981

FORM 1.981. SATISFACTION OF JUDGMENT. SATISFACTION OF JUDGMENT

The undersigned, owner and holder of a final judgment rendered in the above-captioned civil action, dated _________, recorded in _________ County, Official Records Book _________ beginning at Page _________, acknowledges that all sums due under it have been fully paid and that final judgment is hereby canceled and satisfied of record. DATED on _________ STATE OF FLORIDA COUNTY OF _________ The foregoing instrument was acknowledged before me this _________ day of _________, 20 _________, by (name of person acknowledging). (NOTARY SEAL)

Personally Known _________ OR Produced Identification _________ Type of Identification Produced ____________________ COMMITTEE NOTES 2003 Amendment. This satisfaction of judgment is a general form. It is a new form. To ensure identity of the signer, notarization is prudent but not

required. If a certified copy of the judgment is recorded, it may be prudent to include that recording information. 2013 Amendment. This form has been changed to remove unnecessary language and to include the acknowledgment required by sections 695.03 and 701.04, Florida Statutes.

« FORM 1.982. » Fla. R. Civ. P. Form 1.982

FORM 1.982. CONTEMPT NOTICE. MOTION AND NOTICE OF HEARING TO: (name of attorney for party, or party if not represented)

YOU ARE NOTIFIED that plaintiff will apply to the Honorable _________, Circuit Judge, on _________ (date) _________ at _________m., in the _________ County Courthouse at _________, Florida, for an order adjudging (defendant’s name) in contempt of court for violation of the terms of the order or judgment entered by this court on _________ (date) _________ by failing to _________, and I certify that a copy hereof has been furnished to _________ by mail on _________ (date) _________ If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before your scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. NOTE: The particular violation must be inserted in the motion and notice. A separate motion is unnecessary. COMMITTEE NOTES 2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings.

« FORM 1.983. » Fla. R. Civ. P. Form 1.983

FORM 1.983. PROSPECTIVE JUROR QUESTIONNAIRE. DIRECTIONS TO ATTORNEYS AND PRO SE LITIGANTS: Before you file a copy of this form, redact the month and date of the prospective juror’s birth in question #3, but retain the year of birth. Fla. R. Jud. Admin. 2.425(a)(2). QUESTIONNAIRE FOR PROSPECTIVE JURORS 1. Name (print) _____________________________

(first)

(middle) (last)

2. Residence address _____________________________

(street and number)

(city)

(zip)

3. Date of birth ____________________

Sex _________ Occupation _________ 4. Do you understand the English language?

____ ____ (yes) (no) 5. Do you read and write the English language?

____ ____ (yes) (no) 6. Have you ever been convicted of a crime and not restored to your civil rights?

____ ____ (yes) (no) If “yes,” state the nature of the crime(s), the date of the conviction(s), and the name of the court(s) in which you were

convicted: _____________________________ _____________________________ 7. Are there any criminal charges pending against you of which you are aware?

____ ____ (yes) (no) If “yes,” state the nature of the charge(s) and the name of the court(s) in which the case(s) is pending: _____________________________ _____________________________ 8. FULL-TIME LAW ENFORCEMENT OFFICERS AND LAW ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b), Florida Statutes, provides that “[a]ny full-time federal, state, or local law enforcement officer or such entities’ investigative personnel shall be excused from jury service unless such persons choose to serve.” Do you choose to serve?

____ ____ (yes) (no) 9. List any official executive office you now hold with the federal, state, or county government: _____________________________ _____________________________

(The court may require a medical certificate.)

11. Do you have any physical or mental disability that would interfere with your service as a juror?

____ ____ (yes) (no) If “yes,” state nature: _____________________________ _____________________________

(The court may require a medical certificate.) 12. Do you know of any reason(s) why you cannot serve as a juror?

____ ____ (yes) (no) If “yes,” state _____________________________

the

reason(s):

_____________________________ _____________________________ 13. EXPECTANT MOTHERS AND PARENTS ONLY: Section 40.013(4), Florida Statutes, provides that “[a]ny expectant mother and any parent who is not employed full time and who has custody of a child under 6 years of age, upon request, shall be excused from jury service.” Do you want to be excused under this provision?

____ ____ (yes) (no) If “yes,” what are the ages _____________________________ _____________________________

of

your

children?

This is not a summons for jury duty. If your name is later drawn for jury service, you will be summoned by the clerk of court by mail. NOTE: This form does not use a caption as shown in form 1.901. It may be headed with the designation of the authority charged by law with the selection of prospective jurors.

« FORM 1.984. » Fla. R. Civ. P. Form 1.984

FORM 1.984. JUROR VOIR DIRE QUESTIONNAIRE. JURY QUESTIONNAIRE Instructions to Jurors

You have been selected as a prospective juror. It will aid the court and help shorten the trial of cases if you will answer the questions on this form and return it in the enclosed selfaddressed stamped envelope within the next 2 days. Please complete the form in blue or black ink and write as dark and legibly as you can. 1. Name (print)_____________________________ 2. Residence address _____________________________ 3. Years of residence: In Florida _________ In this county _________ 4. Former residence _____________________________ 5. Marital status: (married, single, divorced, widow, or widower) _____________________________ 6. State the highest level of education you completed _______ Less than high school _______ Some college _______ High school _______ Associate degree _______ Vocational/Technical school _______ College degree _______ Post graduate degree 7. Your occupation and employer _____________________________ 8. If you are not now employed, give your last occupation and employer _____________________________

9. If married, name and occupation _____________________________

of

husband

or

wife

10. Have you served as a juror before? _________ 11. Have you or any member of your immediate family been a party to any lawsuit? _________ If so, when and in what court? _____________________________ 12. Are you either a close friend of or related to any law enforcement officer? _________ 13. Has a claim for personal injuries ever been made against you or any member of your family? _________ 14. Have you or any member of your family ever made any claim for personal injuries? _________

« FORM 1.986. » Fla. R. Civ. P. Form 1.986

FORM 1.986. VERDICTS. In all civil actions tried to a jury, the parties should refer to the model verdict forms contained in the Florida Standard Jury Instructions in Civil Cases, as applicable.

« FORM 1.988. » Fla. R. Civ. P. Form 1.988

FORM 1.988. JUDGMENT AFTER DEFAULT. (a) General Form. This form is the general form for a judgment after default, not including recovery for prejudgment interest and attorneys’ fees: FINAL JUDGMENT

This action was heard after entry of default against defendant and IT IS ADJUDGED that plaintiff, _________ (name and address) _________, recover from defendant, _________ (name and address, and last 4 digits of social security number if known) _________, the sum of $ _________ with costs in the sum of $ _________, that shall bear interest at the rate of _________ % a year, for which let execution issue. ORDERED at _________, Florida, on _________ (date) _________ (b) This form is for judgment after default including prejudgment interest and attorneys’ fees recovered: FINAL JUDGMENT

This action was heard after entry of default against defendant and IT IS ADJUDGED that plaintiff, _________ (name and address) _________, recover from defendant, _________ (name and address, and last 4 digits of social security number if known) _________, the sum of $ _________ on principal, $ _________ for attorneys’ fees with costs in the sum of $ _________, and prejudgment interest in the sum of $ _________, making a total

of $ _________ that shall bear interest at the rate of _________ % a year, for which let execution issue. ORDERED at _________, Florida, on _________ (date) _________ NOTE: The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown. COMMITTEE NOTES 1980 Adoption. This form is new. 2003 Amendment. Subdivision (b) is amended to include prejudgment interest in the total judgment pursuant to Quality Engineered Installation, Inc. v. Higley South, Inc., 670 So. 2d 929 (Fla. 1996).

« FORM 1.989. » Fla. R. Civ. P. Form 1.989

FORM 1.989. ORDER PROSECUTION.

OF

DISMISSAL

FOR

LACK

OF

(a) Notice of Lack of Prosecution. NOTICE OF LACK OF PROSECUTION

PLEASE TAKE NOTICE that it appears on the face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 10 months immediately preceding service of this notice, and no stay has been issued or approved by the court. Pursuant to rule 1.420(e), if no such record activity occurs within 60 days following the service of this notice, and if no stay is issued or approved during such 60day period, this action may be dismissed by the court on its own motion or on the motion of any interested person, whether a party to the action or not, after reasonable notice to the parties, unless a party shows good cause in writing at least 5 days before the hearing on the motion why the action should remain pending. (b) Order Dismissing Case for Lack of Prosecution. ORDER OF DISMISSAL

This action was heard on the .....respondent’s/court’s/interested party’s..... motion to dismiss for lack of prosecution served on .....(date)...... The court finds that (1) notice prescribed by rule 1.420(e) was served on ..... (date).....; (2) there was no record activity during the 10 months immediately preceding service of the foregoing notice; (3) there was no record activity during the 60 days immediately following service of the foregoing notice; (4) no stay has been issued or approved by the court; and (5) no party has shown good cause why this action should remain pending. Accordingly,

IT IS ORDERED that this action is dismissed for lack of prosecution. ORDERED at _________, Florida, on _________ (date) _________

« FORM 1.990. » Fla. R. Civ. P. Form 1.990

FORM 1.990. FINAL JUDGMENT FOR PLAINTIFF. JURY ACTION FOR DAMAGES. FINAL JUDGMENT

Pursuant to the verdict rendered in this action IT IS ADJUDGED that plaintiff, _________ (name and address) _________, recover from defendant, _________ (name and address, and last 4 digits of social security number if known) _________, the sum of $ _________ with costs in the sum of $ _________, making a total of $ _________, that shall bear interest at the rate of _________% a year, for which let execution issue. ORDERED at _________, Florida, on _________ (date) _________ NOTE: The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown.

« FORM 1.991. » Fla. R. Civ. P. Form 1.991

FORM 1.991. FINAL JUDGMENT FOR DEFENDANT. JURY ACTION FOR DAMAGES. FINAL JUDGMENT

Pursuant to the verdict rendered in this action IT IS ADJUDGED that plaintiff, _________ (name and address, and last 4 digits of social security number if known) _________, take nothing by this action and that defendant, _________ (name and address) _________, shall go hence without day and recover costs from plaintiff in the sum of $ _________ that shall bear interest at the rate of _________% a year, for which let execution issue. ORDERED at _________, Florida, on _________ (date) _________ NOTE: The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown.

« FORM 1.993. » Fla. R. Civ. P. Form 1.993

FORM 1.993. FINAL JUDGMENT FOR PLAINTIFF. GENERAL FORM. NON-JURY. FINAL JUDGMENT

This action was tried before the court. On the evidence presented IT IS ADJUDGED that: 1. (list adjudications in numbered paragraphs) 2. _____________________ (See note below on name, address, and social security number requirements.)

ORDERED at _________, Florida, on _________ (date) _________ NOTE: Findings of fact can be inserted after “presented” if desired. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown.

« FORM 1.994. » Fla. R. Civ. P. Form 1.994

FORM 1.994. FINAL JUDGMENT FOR DEFENDANT. GENERAL FORM. NON-JURY. FINAL JUDGMENT

This action was tried before the court. On the evidence presented IT IS ADJUDGED that plaintiff, _________ (name and address, and last 4 digits of social security number if known) _________, take nothing by this action and that defendant, _________ (name and address) _________, shall go hence without day and recover costs from plaintiff in the sum of $ _________ that shall bear interest at the rate of _________% a year, for which let execution issue. ORDERED at _________, Florida, on _________ (date) _________ NOTE: Findings of fact can be inserted after “presented” if desired. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of

the social security number should be shown.

« FORM 1.995. » Fla. R. Civ. P. Form 1.995

FORM 1.995. FINAL JUDGMENT OF REPLEVIN.

NOTE APPLICABLE TO FORMS (a)—(d): The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown. (a) Judgment in Favor of Plaintiff when Plaintiff Has Possession. FINAL JUDGMENT OF REPLEVIN

This matter was heard on plaintiff’s complaint. On the evidence presented IT IS ADJUDGED that: 1. Plaintiff, _________ (name and address) _________, has the right against defendant, _________ (name and address, and last 4 digits of social security number if known) _________, to retain possession of the following described property: (list the property and include a value for each item) 2. Plaintiff shall recover from defendant the sum of $ _________ as damages for the detention of the property and the sum of $ _________ as costs, making a total of $ _________, which shall bear interest at the rate of _________% per year, for which let execution issue.

ORDERED at _________, Florida, on _________ (date) _________ NOTE: This form applies when the plaintiff has recovered possession under a writ of replevin and prevailed on the merits. Pursuant to section 78.18, Florida Statutes (1995), paragraph 2 of the form provides that the plaintiff can also recover damages for the wrongful taking and detention of the property, together with costs. Generally these damages are awarded in the form of interest unless loss of use can be proven. Ocala Foundry & Machine Works v. Lester, 49 Fla. 199, 38 So. 51 (1905). If the defendant has possession of part of the property, see form 1.995(b). (b) Judgment in Favor of Plaintiff when Defendant Has Possession. FINAL JUDGMENT OF REPLEVIN

This matter was heard on plaintiff’s complaint. On the evidence presented IT IS ADJUDGED that: 1. Plaintiff, _________ (name and address) _________, has the right against defendant, _________ (name and address, and last 4 digits of social security number if known) _________, to possession of the following described property: (list the property and include a value for each item) for which the clerk of the court shall issue a writ of possession; or 2. Plaintiff shall recover from defendant [if applicable add “and surety on the forthcoming bond”] the sum of $ _________ for the value of the property, which shall bear interest at the rate of _________% per year, for which let execution issue. 3. Plaintiff shall recover from defendant the sum of $ _________ as

damages for the detention of the property and the sum of $ _________ as costs, making a total of $ _________, which shall bear interest at the rate of _________% per year, for which let execution issue.

ORDERED at _________, Florida, on _________ (date) _________ NOTE: This form applies when the plaintiff prevails on the merits and the defendant retains possession of the property. Section 78.19, Florida Statutes (1995), allows the plaintiff to recover the property or its value or the value of the plaintiff’s lien or special interest. The value for purposes of paragraph 2 is either the value of the property or the value of the plaintiff’s lien or special interest. Paragraph 3 of the form provides for damages for detention only against the defendant because the defendant’s surety obligates itself only to ensure forthcoming of the property, not damages for its detention. Pursuant to section 78.19(2), Florida Statutes, paragraphs 1 and 2 of the form provide the plaintiff the option of obtaining either a writ of possession or execution against the defendant and defendant’s surety on a money judgment for property not recovered. Demetree v. Stramondo, 621 So. 2d 740 (Fla. 5th DCA 1993). If the plaintiff elects the writ of possession for the property and the sheriff is unable to find it or part of it, the plaintiff may immediately have execution against the defendant for the whole amount recovered or the amount less the value of the property found by the sheriff. If the plaintiff elects execution for the whole amount, the officer shall release all property taken under the writ.

If the plaintiff has possession of part of the property, see form 1.995(a). (c) Judgment in Favor of Defendant when Defendant Has Possession under Forthcoming Bond. FINAL JUDGMENT OF REPLEVIN

This matter was heard on plaintiff’s complaint. On the evidence presented IT IS ADJUDGED that: 1. Defendant, _________ (name and address) _________, has the right against plaintiff, _________ (name and address, and last 4 digits of social security number if known) _________, to possession of the following described property: (list the property and include a value for each item) 2. Defendant retook possession of all or part of the property under a forthcoming bond, and defendant’s attorney has reasonably expended _________ hours in representing defendant in this action and $ _________ is a reasonable hourly rate for the services. 3. Defendant shall recover from plaintiff the sum of $ _________ for the wrongful taking of the property, costs in the sum of $ _________, and attorneys’ fees in the sum of $ _________, making a total of $ _________, which shall bear interest at the rate of _________% per year, for which let execution issue.

ORDERED at _________, Florida, on _________ (date) _________ NOTE: This form applies when the defendant prevails and the property was retained by or redelivered to the defendant. Section 78.20, Florida Statutes (1995), provides for an award of attorneys’ fees. The prevailing defendant may be awarded possession, damages, if any, for the taking of the property, costs,

and attorneys’ fees. If the plaintiff has possession of part of the property, see form 1.995(d). (d) Judgment in Favor of Defendant when Plaintiff Has Possession. FINAL JUDGMENT OF REPLEVIN

This matter was heard on plaintiff’s complaint. On the evidence presented IT IS ADJUDGED that: 1. Defendant, _________ (name and address) _________, has the right against plaintiff, _________ (name and address, and last four digits of social security number if known) _________, to recover possession of the following described property: (list the property and include a value for each item)

for which the clerk of the court shall issue a writ of possession; or 2. Defendant shall recover from plaintiff [if applicable add “and surety on plaintiff’s bond”] the sum of $ _________ for the value of the property, which shall bear interest at the rate of _________% per year, for which let execution issue. 3. Defendant shall recover from plaintiff the sum of $ _________ as damages for detention of the property and the sum of $ _________ as costs, making a total of $ _________, which shall bear interest at the rate of _________% per year, for which let execution issue.

ORDERED at _________, Florida, on _________ (date) _________ NOTE: This form should be used when the defendant prevails but the plaintiff has possession of the property. Section 78.21,

Florida Statutes (1995), does not provide for an award of attorneys’ fees when the defendant prevails and possession had been temporarily retaken by the plaintiff. Sections 78.21 and 78.19 allow the defendant to recover the property or its value or the value of the defendant’s special interest. Paragraphs 1 and 2 of the form provide to the defendant the option of obtaining either a writ of possession or execution against the plaintiff and plaintiff’s surety on a money judgment for property not recovered and costs. Demetree v. Stramondo, 621 So. 2d 740 (Fla. 5th DCA 1993). If the defendant elects the writ of possession for the property and the sheriff is unable to find it or part of it, the defendant may immediately have execution against the plaintiff and surety for the whole amount recovered or the amount less the value of the property found by the sheriff. If the defendant elects execution for the whole amount, the officer shall release all property taken under the writ. If the defendant has possession of part of the property, see form 1.995(c).

« FORM 1.996(A). » Fla. R. Civ. P. Form 1.996(a)

FORM 1.996(A). FINAL JUDGMENT OF FORECLOSURE. FINAL JUDGMENT IT IS ADJUDGED that: 1. Amounts Due. Plaintiff, ... (name and address) ..., is due

That shall bear interest at a rate of 7% per year. 2. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following described property in ........ County, Florida: (describe property) 3. Sale of Property. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at public sale on ........ (date) ........, to the highest bidder for cash, except as prescribed in paragraph 4, at the courthouse located at ... (street address of courthouse) ... in ........ County in ... (name of city) ..., Florida, in accordance with section 45.031, Florida Statutes, using the following method (CHECK ONE): ... At ...(location of sale at courthouse; e.g., north door) ..., beginning at ... (time of sale) ... on the prescribed date. ... By electronic sale beginning at ...(time of sale)... on the prescribed date at ...(website)...

4. Costs. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale shall be responsible for the documentary stamps payable on the certificate of title. If plaintiff is the purchaser, the clerk shall credit plaintiff’s bid with the total sum with interest and costs accruing subsequent to this judgment, or such part of it as is necessary to pay the bid in full. 5. Distribution of Proceeds. On filing the certificate of title the clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiff’s costs; second, documentary stamps affixed to the certificate; third, plaintiff’s attorneys’ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining any remaining amount pending further order of this court. 6. Right of Redemption/Right of Possession. On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes shall be terminated, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon the filing of the certificate of title, the person named on the certificate of title shall be let into possession of the property, subject to the rights of a tenant occupying residential premises pursuant to section 83.561, Florida Statutes. 7. Attorneys’ Fees. [If a default judgment has been entered against the mortgagor] Because a default judgment has been entered against the mortgagor and because the fees requested do not exceed 3% of the principal amount owed at the time the complaint was filed, it is not necessary for the court to hold a hearing or adjudge the requested attorneys’ fees to be reasonable. [If no default judgment has been entered against the mortgagor] The court finds, based upon the affidavits estimony presented and upon inquiry of counsel for the plaintiff that ... hours were reasonably expended by

plaintiff’s counsel and that an hourly rate of $... is appropriate. Plaintiff’s counsel represents that the attorneys’ fees awarded does not exceed its contract fee with the plaintiff. The court finds that there is/are no reduction or enhancement factors for consideration by the court pursuant to Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). (If the court has found that there are reduction or enhancement factors to be applied, then such factors must be identified and explained herein). [If the fees to be awarded are a flat fee] The requested attorneys’ fees are a flat rate fee that the firm’s client has agreed to pay in this matter. Given the amount of the fee requested and the labor expended, the court finds that a lodestar analysis is not necessary and that the flat fee is reasonable. 8. Jurisdiction Retained. Jurisdiction of this action is retained to enter further orders that are proper including, without limitation, a deficiency judgment. IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. [If the property being foreclosed on has qualified for the homestead tax exemption in the most recent approved tax roll, the final judgment shall additionally contain the following statement in conspicuous type:] IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CONTACT THE CLERK OF THE COURT,

(INSERT INFORMATION FOR APPLICABLE COURT) WITHIN 10 DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT. IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT (INSERT LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT (NAME OF LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. ORDERED at ........, Florida, on ...(date)....

NOTE: Paragraph 1 must be varied in accordance with the items unpaid, claimed, and proven. The form does not provide for an adjudication of junior lienors’ claims nor for redemption by the United States of America if it is a defendant. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998).

COMMITTEE NOTES 1980 Amendment. The reference to writs of assistance in paragraph 7 is changed to writs of possession to comply with the consolidation of the 2 writs. 2010 Amendment. Mandatory statements of the mortgagee/property owner’s rights are included as required by the 2006 amendment to section 45.031, Florida Statutes. Changes are also made based on 2008 amendments to section 45.031, Florida Statutes, permitting courts to order sale by electronic means. Additional changes were made to bring the form into compliance with chapters 718 and 720 and section 45.0315, Florida Statutes, and to better align the form with existing practices of clerks and practitioners. The breakdown of the amounts due is now set out in column format to simplify calculations. The requirement that the form include the address and social security number of all defendants was eliminated to protect the privacy interests of those defendants and in recognition of the fact that this form of judgment does not create a personal final money judgment against the defendant borrower, but rather an in rem judgment against the property. The address and social security number of the defendant borrower should be included in any deficiency judgment later obtained against the defendant borrower. 2014 Amendment. These amendments added titles, updated statutory reference to time for right of redemption, and added a paragraph on attorneys’ fees. 2019 Amendment. An amendment to paragraph 6 is intended to notify all involved in mortgage foreclosure proceedings of section 83.561, Florida Statute (2015), Termination of Rental Agreement upon Foreclosure, by adding language from the statute.

« FORM 1.996(B). » Fla. R. Civ. P. Form 1.996(b)

FORM 1.996(B). FINAL JUDGMENT OF FORECLOSURE FOR REESTABLISHMENT OF LOST NOTE. FINAL JUDGMENT This action was tried before the court. On the evidence presented IT IS ADJUDGED that: 1. Amounts Due. Plaintiff, ...(name and address)..., is due

2. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following described property ........ County, Florida: (describe property) 3. Sale of Property. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at public sale on ........ (date) ........, to the highest bidder for cash, except as prescribed in paragraph 4, at the courthouse located at ...(street address of courthouse)... in ........ County in ...(name of city)..., Florida, in accordance with section 45.031, Florida Statutes, using the following method (CHECK ONE): ... At ...(location of sale at courthouse; e.g., north door)..., beginning at ... (time of sale)... on the prescribed date. ...By electronic sale beginning at ...(time of sale)... on the prescribed date at ...(website)...

4. Costs. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale shall be responsible for the documentary stamps payable on the certificate of title. If plaintiff is the purchaser, the clerk shall credit plaintiff’s bid with the total sum with interest and costs accruing subsequent to this judgment, or such part of it as is necessary to pay the bid in full. 5. Distribution of Proceeds. On filing the certificate of title the clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiff’s costs; second, documentary stamps affixed to the certificate; third, plaintiff’s attorneys’ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining any remaining amount pending further order of this court. 6. Right of Redemption/Right of Possession. On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes shall be terminated, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon the filing of the certificate of title, the person named on the certificate of title shall be let into possession of the property, subject to the rights of a tenant occupying residential premises pursuant to section 83.561, Florida Statutes. 7. Attorneys’ Fees. [If a default judgment has been entered against the mortgagor] Because a default judgment has been entered against the mortgagor and because the fees requested do not exceed 3 percent of the principal amount owed at the time the complaint was filed, it is not necessary for the Court to hold a hearing or adjudge the requested attorneys’ fees to be reasonable. [If no default judgment has been entered against the mortgagor] The Court finds, based upon the affidavits estimony presented and upon inquiry of counsel for the Plaintiff that ... hours were reasonably expended by

Plaintiff’s counsel and that an hourly rate of $.... is appropriate. Plaintiff’s counsel represents that the attorney fee awarded does not exceed its contract fee with the plaintiff. The Court finds that there are no reduction or enhancement factors for consideration by the court pursuant to Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). (If the Court has found that there are reduction or enhancement factors to be applied, then such factors must be identified and explained herein). [If the fees to be awarded are a flat fee] The requested attorneys’ fees are a flat rate fee that the firm’s client has agreed to pay in this matter. Given the amount of the fee requested and the labor expended, the Court finds that a lodestar analysis is not necessary and that the flat fee is reasonable. 8. Re-establishment of Lost Note. The court finds that the plaintiff has re-established the terms of the lost note and established its right to enforce the instrument as required by law. Plaintiff shall hold the defendant(s) maker of the note harmless and shall indemnify defendant(s) for any loss Defendant(s) may incur by reason of a claim by any other person to enforce the lost note. Adequate protection has been provided as required by law by the following means: ...(Identify means of security per applicable law: a written indemnification agreement, a surety bond, include specific detail).... Judgment is hereby entered in favor of the plaintiff as to its request to enforce the lost note. 9. Jurisdiction Retained. Jurisdiction of this action is retained to enforce the adequate protection ordered and to enter further orders that are proper including, without limitation, a deficiency judgment. IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS

AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. [If the property being foreclosed on has qualified for the homestead tax exemption in the most recent approved tax roll, the final judgment shall additionally contain the following statement in conspicuous type:] IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT, (INSERT INFORMATION FOR APPLICABLE COURT) WITHIN 10 DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT. IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT (INSERT LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT (NAME OF LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. ORDERED at ........, Florida, on ...(date)....

NOTE: Paragraph 1 must be varied in accordance with the items unpaid, claimed, and proven. The form does not provide for an adjudication of junior lienors’ claims or for redemption by the United States of America if it is a defendant. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). COMMITTEE NOTES 2014 Amendment. This new form is to be used when the foreclosure judgment re-establishes a lost note. 2019 Amendment. The amendment to paragraph 6 is intended to notify all involved in mortgage foreclosure proceedings of section 83.561, Florida Statutes (2015), Termination of Rental Agreement upon Foreclosure, by adding language from the statute.

« FORM 1.996(C). » Fla. R. Civ. P. Form 1.996(c)

FORM 1.996(C). MOTION TO CANCEL AND RESCHEDULE FORECLOSURE SALE. Plaintiff moves to cancel and reschedule the mortgage foreclosure sale because: 1. On ...(date)... this court entered a Final Judgment of Foreclosure pursuant to which a foreclosure sale was scheduled for ...(date).... 2. The sale needs to be canceled for the following reason(s): a. ... Plaintiff and defendant are continuing to be involved in loss mitigation; b. ... Defendant is negotiating for the sale of the property that is the subject of this matter and plaintiff wants to allow the defendant an opportunity to sell the property and pay off the debt that is due and owing to plaintiff. c. ... Defendant has entered into a contract to sell the property that is the subject of this matter and plaintiff wants to give the defendant an opportunity to consummate the sale and pay off the debt that is due and owing to plaintiff. d. ... Defendant has filed a Chapter .... Petition under the Federal Bankruptcy Code; e. ... Plaintiff has ordered but has not received a statement of value/appraisal for the property; f. ... Plaintiff and defendant have entered into a Forbearance Agreement; g. Other ..................................... ..................................... ..................................... 3. If this Court cancels the foreclosure sale, plaintiff moves that it be rescheduled. I hereby certify that a copy of the foregoing motion has been furnished by ...(method of service)... to ...(name(s))... on ...(date)....

NOTE. This form is used to move the court to cancel and reschedule a foreclosure sale.

« FORM 1.997. » Fla. R. Civ. P. Form 1.997

FORM 1.997. CIVIL COVER SHEET. The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings or other documents as required by law. This form must be filed by the plaintiff or petitioner with the Clerk of Court for the purpose of reporting uniform data pursuant to section 25.075, Florida Statutes. (See instructions for completion.) I. CASE STYLE

II. AMOUNT OF CLAIM Please indicate the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of the claim is requested for data collection and clerical processing purposes only. The amount of the claim shall not be used for any other purpose. . . . . . .

$8,000 or less $8,001 - $30,000 $30,001- $50,000 $50,001- $75,000 $75,001 - $100,000 over $100,000.00

III. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a subcategory (is indented under a broader category), place an x on both the main category and subcategory lines. CIRCUIT CIVIL

CIRCUIT CIVIL

IX. DOES THIS CASE INVOLVE ALLEGATIONS OF SEXUAL ABUSE? . yes . no I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and that I have read and will comply with the requirements of Florida Rule of General Practice and Judicial Administration 2.425.

Form 1.997. Instructions for Attorneys Completing Civil Cover Sheet

Plaintiff must file this cover sheet with the first document filed in the action or proceeding (except small claims cases, probate, or family cases). Domestic and juvenile cases should be accompanied by a completed Florida Family Law Rules of Procedure Form 12.928, Cover Sheet for Family Court Cases. Failure to file a civil cover sheet in any civil case other than those excepted above may result in sanctions. I. Case Style. Enter the name of the court, the appropriate case number assigned at the time of filing of the original complaint or petition, the name of the judge assigned (if applicable), and the name (last, first, middle initial) of plaintiff(s) and defendant(s). II. Amount of Claim. Enter the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of the claim is requested for data collection and clerical processing purposes only. The amount of the claim shall not be used for any other purpose. III. Type of Case. Place an “X” on the appropriate line. If the cause fits more than one type of case, select the most definitive. If the most definitive label is a subcategory (indented under a broader category label), place an “X” on the category and subcategory lines. Definitions of the cases are provided below in the order they appear on the form. Circuit Civil (A) Condominium — all civil lawsuits pursuant to Chapter 718, Florida Statutes, in which a condominium association is a party. (B) Contracts and indebtedness — all contract actions relating to promissory notes and other debts, including those arising from the sale of goods, but excluding contract disputes involving condominium associations. (C) Eminent domain — all matters relating to the taking of private property

for public use, including inverse condemnation by state agencies, political subdivisions, or public service corporations. (D) Auto negligence — all matters arising out of a party’s allegedly negligent operation of a motor vehicle. (E) Negligence — other — all actions sounding in negligence, including statutory claims for relief on account of death or injury, that are not included in other main categories. (F) Business governance — all matters relating to the management, administration, or control of a company. (G) Business torts — all matters relating to liability for economic loss allegedly caused by interference with economic or business relationships. (H) Environmental/Toxic tort — all matters relating to claims that violations of environmental regulatory provisions or exposure to a chemical caused injury or disease. (I) Third party indemnification — all matters relating to liability transferred to a third party in a financial relationship. (J) Construction defect — all civil lawsuits in which damage or injury was allegedly caused by defects in the construction of a structure. (K) Mass tort — all matters relating to a civil action involving numerous plaintiffs against one or more defendants. (L) Negligent security — all matters involving injury to a person or property allegedly resulting from insufficient security. (M) Nursing home negligence — all matters involving injury to a nursing home resident resulting from negligence of nursing home staff or facilities. (N) Premises liability — commercial — all matters involving injury to a person or property allegedly resulting from a defect on the premises of a commercial property. (O) Premises liability — residential — all matters involving injury to a person or property allegedly resulting from a defect on the premises of a residential property. (P) Products liability — all matters involving injury to a person or property

allegedly resulting from the manufacture or sale of a defective product or from a failure to warn. (Q) Real property/Mortgage foreclosure — all matters relating to the possession, title, or boundaries of real property. All matters involving foreclosures or sales of real property, including foreclosures associated with condominium associations or condominium units. (R) Commercial foreclosure — all matters relating to the termination of a business owner‘s interest in commercial property by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property. (S) Homestead residential foreclosure — all matters relating to the termination of a residential property owner’s interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has been granted a homestead exemption. (T) Nonhomestead residential foreclosure — all matters relating to the termination of a residential property owner’s interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has not been granted a homestead exemption. (U) Other real property actions — all matters relating to land, land improvements, or property rights not involving commercial or residential foreclosure. (V) Professional malpractice — all professional malpractice lawsuits. (W) Malpractice — business — all matters relating to a business’s or business person’s failure to exercise the degree of care and skill that someone in the same line of work would use under similar circumstances. (X) Malpractice — medical — all matters relating to a doctor‘s failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances. (Y) Malpractice — other professional — all matters relating to negligence of those other than medical or business professionals. (Z) Other — all civil matters not included in other categories. (AA) Antitrust/Trade regulation — all matters relating to unfair methods of competition or unfair or deceptive business acts or practices.

(AB) Business transactions — all matters relating to actions that affect financial or economic interests. (AC) Constitutional challenge — statute or ordinance — a challenge to a statute or ordinance, citing a violation of the Florida Constitution. (AD) Constitutional challenge — proposed amendment — a challenge to a legislatively initiated proposed constitutional amendment, but excluding challenges to a citizen-initiated proposed constitutional amendment because the Florida Supreme Court has direct jurisdiction of such challenges. (AE) Corporate trusts — all matters relating to the business activities of financial services companies or banks acting in a fiduciary capacity for investors. (AF) Discrimination — employment or other — all matters relating to discrimination, including employment, sex, race, age, handicap, harassment, retaliation, or wages. (AG) Insurance claims — all matters relating to claims filed with an insurance company. (AH) Intellectual property — all matters relating to intangible rights protecting commercially valuable products of the human intellect. (AI) Libel/Slander — all matters relating to written, visual, oral, or aural defamation of character. (AJ) Shareholder derivative action — all matters relating to actions by a corporation‘s shareholders to protect and benefit all shareholders against corporate management for improper management. (AK) Securities litigation — all matters relating to the financial interest or instruments of a company or corporation. (AL) Trade secrets — all matters relating to a formula, process, device, or other business information that is kept confidential to maintain an advantage over competitors. (AM) Trust litigation — all civil matters involving guardianships, estates, or trusts and not appropriately filed in probate proceedings.

County Civil

(AN) Civil — all matters involving claims ranging from $8,001 through $30,000 in damages, exclusive of interest, costs, and attorney fees. (AO) Real property/Mortgage foreclosure—all matters involving claims up to $30,000 relating to the possession, title, or boundaries of real property. All matters involving foreclosures or sales of real property up to $30,000, including foreclosures associated with condominium associations or condominium units. (AP) Replevins—all lawsuits pursuant to Chapter 78, Florida Statutes, involving claims up to $30,000. (AQ) Evictions—all matters involving the recovery of possession of leased land or rental property by process of law. (AR) Other civil (non-monetary)—includes all other non-monetary county civil matters that were not described in other county civil categories.

IV. Remedies Sought. Place an “X” on the appropriate line. If more than one remedy is sought in the complaint or petition, check all that apply. V. Number of Causes of Action. If the complaint or petition alleges more than one cause of action, note the number and the name of the cause of action. VI. Class Action. Place an “X” on the appropriate line. VII. Related Cases. Place an “X” on the appropriate line. VIII. Is Jury Trial Demanded In Complaint? Check the appropriate line to indicate whether a jury trial is being demanded in the complaint IX. Sexual Abuse. Place an “X” on the appropriate line. ATTORNEY OR PARTY SIGNATURE. Sign the civil cover sheet. Print legibly the name of the person signing the civil cover sheet. Attorneys must include a Florida Bar number. Insert the date the civil cover sheet is signed.

Signature is a certification that the filer has provided accurate information on the civil cover sheet, and has read and complied with the requirements of Florida Rule of General Practice and Judicial Administration 2.425.

« FORM 1.998. » Fla. R. Civ. P. Form 1.998

FORM 1.998. FINAL DISPOSITION FORM. This form shall be filed by the prevailing party with the Clerk of Court for the purpose of reporting uniform case data pursuant to Florida Statutes section 25.075. (See instructions on the reverse of the form.) I. CASE STYLE

II. AMOUNT OF FINAL JUDGMENT Please indicate the amount of the final judgment, rounded to the nearest dollar. $___________ III. MEANS OF FINAL DISPOSITION (Place an ‘‘x’’ in one box for major category and one subcategory, if applicable, only) Dismissed Before Hearing Dismissed Pursuant to Settlement — Before Hearing Dismissed Pursuant to Mediated Settlement — Before Hearing Other — Before Hearing Dismissed After Hearing Dismissed Pursuant to Settlement — After Hearing Dismissed Pursuant to Mediated Settlement — After Hearing Other After Hearing — After Hearing Disposed by Default Disposed by Judge Disposed by Non-jury Trial Disposed by Jury Trial Other

_____________________ DATE _____________________ SIGNATURE OF ATTORNEY FOR PREVAILING PARTY INSTRUCTIONS FOR DISPOSITION FORM

ATTORNEYS

COMPLETING

FINAL

I. Case Style. Enter the name of the court, the appropriate case number assigned at the time of filing of the original complaint or petition, the name of the judge assigned to the case and the names (last, first, middle initial) of plaintiff(s) and defendant(s). II. Amount of Final Judgment. Enter the amount as recorded in the final judgment. III. Means of Final Disposition. Place an “x” in the appropriate major category box and in the appropriate subcategory box, if applicable. The following are the definitions of the disposition categories. (A) Dismissed Before Hearing—the case is settled, voluntarily dismissed, or otherwise disposed of before a hearing is held; (B) Dismissed Pursuant to Settlement — Before Hearing—the case is voluntarily dismissed by the plaintiff after a settlement is reached without mediation before a hearing is held; (C) Dismissal Pursuant to Mediated Settlement — Before Hearing—the case is voluntarily dismissed by the plaintiff after a settlement is reached with mediation before a hearing is held; (D) Other — Before Hearing—the case is dismissed before hearing in an action that does not fall into one of the other disposition categories listed on this form; (E) Dismissed After Hearing—the case is dismissed by a judge, voluntarily dismissed, or settled after a hearing is held; (F) Dismissal Pursuant to Settlement—After Hearing—the case is voluntarily dismissed by the plaintiff after a settlement is reach without mediation after a hearing is held;

(G) Dismissal Pursuant to Mediated Settlement—After Hearing—the case is voluntarily dismissed by the plaintiff after a settlement is reach with mediation after a hearing is held; (H) Other—After Hearing—the case is dismissed after hearing in an action that does not fall into one of the other disposition categories listed on this form; (I) Disposed by Default—a defendant chooses not to or fails to contest the plaintiff’s allegations and a judgment against the defendant is entered by the court; (J) Disposed by Judge—a judgment or disposition is reached by the judge in a case that is not dismissed and in which no trial has been held. Includes stipulations by the parties, conditional judgments, summary judgment after hearing and any matter in which a judgment is entered excluding cases disposed of by default as in category (I) above; (K) Disposed by Non-Jury Trial—the case is disposed as a result of a contested trial in which there is no jury and in which the judge determines both the issues of fact and law in the case; (L) Disposed by Jury Trial—the case is disposed as a result of a jury trial (consider the beginning of a jury trial to be when the jurors and alternates are selected and sworn); (M) Other—the case is consolidated, submitted to arbitration or mediation, transferred, or otherwise disposed of by other means not listed in categories (A) through (L). DATE AND ATTORNEY SIGNATURE. Date and sign the final disposition form.

« FORM 1.999. • Fla. R. Civ. P. Form 1.999

FORM 1.999. ORDER DESIGNATING A CASE COMPLEX.

« Appx I. » Fla. R. Civ. P., Appx. I

APPENDIX I. STANDARD INTERROGATORIES FORMS « Appx I. », • FORM 1. » Fla. R. Civ. P. Form 1

FORM 1. GENERAL PERSONAL INJURY NEGLIGENCE — INTERROGATORIES TO PLAINTIFF. (If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated.) 1. What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed? 2. List the names, business addresses, dates of employment, and rates of pay regarding all employers, including self-employment, for whom you have worked in the past 10 years. 3. List all former names and when you were known by those names. State all addresses where you have lived for the past 10 years, the dates you lived at each address, your Social Security number, your date of birth, and, if you are or have ever been married, the name of your spouse or spouses. 4. Do you wear glasses, contact lenses, or hearing aids? If so, who prescribed them, when were they prescribed, when were your eyes or ears last examined, and what is the name and address of the examiner? 5. Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of 1 year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction the specific crime and the date and place of conviction. 6. Were you suffering from physical infirmity, disability, or sickness at the time of the incident described in the complaint? If so, what was the nature of the infirmity, disability, or sickness? 7. Did you consume any alcoholic beverages or take any drugs or medications within 12 hours before the time of the incident described in the

complaint? If so, state the type and amount of alcoholic beverages, drugs, or medication which were consumed, and when and where you consumed them. 8. Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident. 9. Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question. 10. Were you charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the complaint? If so, what was the nature of the charge; what plea or answer, if any, did you enter to the charge; what court or agency heard the charge; was any written report prepared by anyone regarding this charge, and, if so, what is the name and address of the person or entity that prepared the report; do you have a copy of the report; and was the testimony at any trial, hearing, or other proceeding on the charge recorded in any manner, and, if so, what is the name and address of the person who recorded the testimony? 11. Describe each injury for which you are claiming damages in this case, specifying the part of your body that was injured, the nature of the injury, and, as to any injuries you contend are permanent, the effects on you that you claim are permanent. 12. List each item of expense or damage, other than loss of income or earning capacity, that you claim to have incurred as a result of the incident described in the complaint, giving for each item the date incurred, the name and business address of the person or entity to whom each was paid or is owed, and the goods or services for which each was incurred. 13. Do you contend that you have lost any income, benefits, or earning capacity in the past or future as a result of the incident described in the complaint? If so, state the nature of the income, benefits, or earning capacity, and the amount and the method that you used in computing the amount. 14. Has anything been paid or is anything payable from any third party for the damages listed in your answers to these interrogatories? If so, state the amounts paid or payable, the name and business address of the person or entity who paid or owes said amounts, and which of those third parties have or claim a right of subrogation.

15. List the names and business addresses of each physician who has treated or examined you, and each medical facility where you have received any treatment or examination for the injuries for which you seek damages in this case; and state as to each the date of treatment or examination and the injury or condition for which you were examined or treated. 16. List the names and business addresses of all other physicians, medical facilities, or other health care providers by whom or at which you have been examined or treated in the past 10 years; and state as to each the dates of examination or treatment and the condition or injury for which you were examined or treated. 17. List the names and addresses of all persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. 18. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of each statement. 19. State the name and address of every person known to you, your agents, or your attorneys, who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, audio recording, visual recording, audiovisual recording, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. 20. Do you intend to call any expert witnesses at the trial of this case? If so, state as to each such witness the name and business address of the witness, the witness’s qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. 21. Have you made an agreement with anyone that would limit that party’s liability to anyone for any of the damages sued upon in this case? If so, state

the terms of the agreement and the parties to it. 22. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, and, if so, state whether you were plaintiff or defendant, the nature of the action, and the date and court in which such suit was filed.

« Appx I. », « FORM 2. » Fla. R. Civ. P. Form 2

FORM 2. GENERAL PERSONAL INJURY NEGLIGENCE — INTERROGATORIES TO DEFENDANT. (If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated.) 1. What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed? 2. List all former names and when you were known by those names. State all addresses where you have lived for the past 10 years, the dates you lived at each address, your Social Security number, and your date of birth. 3. Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of 1 year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction the specific crime and the date and place of conviction. 4. Describe any and all policies of insurance which you contend cover or may cover you for the allegations set forth in plaintiff’s complaint, detailing as to such policies the name of the insurer, the number of the policy, the effective dates of the policy, the available limits of liability, and the name and address of the custodian of the policy. 5. Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident. 6. Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question. 7. State the facts upon which you rely for each affirmative defense in your answer. 8. Do you contend any person or entity other than you is, or may be, liable in whole or part for the claims asserted against you in this lawsuit? If so, state the full name and address of each such person or entity, the legal basis for your contention, the facts or evidence upon which your contention is based,

and whether or not you have notified each such person or entity of your contention. 9. Were you charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the complaint? If so, what was the nature of the charge; what plea or answer, if any, did you enter to the charge; what court or agency heard the charge; was any written report prepared by anyone regarding the charge, and, if so, what is the name and address of the person or entity who prepared the report; do you have a copy of the report; and was the testimony at any trial, hearing, or other proceeding on the charge recorded in any manner, and, if so, what is the name and address of the person who recorded the testimony? 10. List the names and addresses of all persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. 11. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of each statement. 12. State the name and address of every person known to you, your agents, or your attorneys who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, audio recording, visual recording, audiovisual recording, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. 13. Do you intend to call any expert witnesses at the trial of this case? If so, state as to each such witness the name and business address of the witness, the witness’s qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. 14. Have you made an agreement with anyone that would limit that party’s

liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it. 15. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, and, if so, state whether you were plaintiff or defendant, the nature of the action, and the date and court in which such suit was filed.

« Appx I. », « FORM 3. » Fla. R. Civ. P. Form 3

FORM 3. MEDICAL MALPRACTICE — INTERROGATORIES TO PLAINTIFF. (These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Plaintiff.) 23. Do you contend that you have experienced any injury or illness as a result of any negligence of this defendant? If so, state the date that each such injury occurred, a description of how the injury was caused, and the exact nature of each such injury. 24. What condition, symptom, or illness caused you to obtain medical care and treatment from this defendant? 25. Do you claim this defendant neglected to inform or instruct or warn you of any risk relating to your condition, care, or treatment? If so, state of what, in your opinion, the defendant failed to inform, instruct, or warn you. 26. If you contend that you were not properly informed by this defendant regarding the risk of the treatment or the procedure performed, state what alternative treatment or procedure, if any, you would have undergone had you been properly informed. 27. State the date and place and a description of each complaint for which you contend the defendant refused to attend or treat you. 28. State the date you became aware of the injuries sued on in this action, and describe in detail the circumstances under which you became aware of each such injury; state the date you became aware that the injuries sued on in this action were caused or may have been caused by medical negligence; and describe in detail the circumstances under which you became aware of the cause of said injuries. 29. State the name and address of every person or organization to whom you have given notice of the occurrence sued on in this case because you, your agents, or your attorneys believe that person or organization may be liable in whole or in part to you.

« Appx I. », « FORM 4. » Fla. R. Civ. P. Form 4

FORM 4. MEDICAL MALPRACTICE — INTERROGATORIES TO DEFENDANT. (These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Defendant.) NOTE: When the word “Plaintiff” is mentioned, these interrogatories are directed to be answered regarding (name of plaintiff/patient). 16. Please give us your entire educational background, starting with your college education and chronologically indicating by date and place each school, college, course of study, title of seminars, length of study, and honors received by you up to the present time, including internships, residencies, degrees received, licenses earned or revoked, medical specialty training, board memberships, authorship of any books, articles, or texts, including the names of those writings and their location in medical journals, awards or honors received, and continuing medical education. 17. Please give us your entire professional background up to the present time, including dates of employment or association, the names of all physicians with whom you have practiced, the form of employment or business relationship such as whether by partnership, corporation, or sole proprietorship, and the dates of the relationships, including hospital staff privileges and positions, and teaching experience. 18. With respect to your office library or usual place of work, give us the name, author, name of publisher, and date of publication of every medical book or article, journal, or medical text to which you had access, which deals with the overall subject matter described in paragraph [whatever paragraph number that concerns negligence] of the complaint. (In lieu of answering this interrogatory you may allow plaintiff’s counsel to inspect your library at a reasonable time.) 19. If you believe there was any risk to the treatment you rendered to the plaintiff, state the nature of all risks, including whether the risks were communicated to the plaintiff; when, where, and in what manner they were communicated; and whether any of the risks in fact occurred. 20. Tell us your experience in giving the kind of treatment or examination

that you rendered to the plaintiff before it was given to the plaintiff, giving us such information as the approximate number of times you have given similar treatment or examinations, where the prior treatment or examinations took place, and the successful or unsuccessful nature of the outcome of that treatment or those examinations. 21. Please identify, with sufficient particularity to formulate the basis of a request to produce, all medical records of any kind of which you are aware which deal with the medical treatment or examinations furnished to the plaintiff at any time, whether by you or another person or persons. 22. Please state whether any claim for medical malpractice has ever been made against you alleging facts relating to the same or similar subject matter as this lawsuit, and, if so, state as to each such claim the names of the parties, the claim number, the date of the alleged incident, the ultimate disposition of the claim, and the name of your attorney, if any.

« Appx I. », « FORM 5. » Fla. R. Civ. P. Form 5

FORM 5. AUTOMOBILE NEGLIGENCE — INTERROGATORIES TO PLAINTIFF. (These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Plaintiff.) 23. At the time of the incident described in the complaint, were you wearing a seat belt? If not, please state why not; where you were seated in the vehicle; and whether the vehicle was equipped with a seat belt that was operational and available for your use. 24. Did any mechanical defect in the motor vehicle in which you were riding at the time of the incident described in the complaint contribute to the incident? If so, describe the nature of the defect and how it contributed to the incident.

« Appx I. », « FORM 6. • Fla. R. Civ. P. Form 6

FORM 6. AUTOMOBILE NEGLIGENCE — INTERROGATORIES TO DEFENDANT. (These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Defendant.) 16. Do you wear glasses, contact lenses, or hearing aids? If so, who prescribed them, when were they prescribed, when were your eyes or ears last examined, and what is the name and address of the examiner? 17. Were you suffering from physical infirmity, disability, or sickness at the time of the incident described in the complaint? If so, what was the nature of the infirmity, disability, or sickness? 18. Did you consume any alcoholic beverages or take any drugs or medications within 12 hours before the time of the incident described in the complaint? If so, state the type and amount of alcoholic beverages, drugs, or medication which were consumed, and when and where you consumed them. 19. Did any mechanical defect in the motor vehicle in which you were riding at the time of the incident described in the complaint contribute to the incident? If so, describe the nature of the defect and how it contributed to the incident. 20. List the name and address of all persons, corporations, or entities who were registered title owners or who had ownership interest in, or right to control, the motor vehicle that the defendant driver was driving at the time of the incident described in the complaint; and describe both the nature of the ownership interest or right to control the vehicle, and the vehicle itself, including the make, model, year, and vehicle identification number 21. At the time of the incident described in the complaint, did the driver of the vehicle described in your answer to the preceding interrogatory have permission to drive the vehicle? If so, state the names and addresses of all persons who have such permission. 22. At the time of the incident described in the complaint, was the defendant driver engaged in any mission or activity for any other person or entity, including any employer? If so, state the name and address of that

person or entity and the nature of the mission or activity. 23. Was the motor vehicle that the defendant driver was driving at the time of the incident described in the complaint damaged in the incident, and, if so, what was the cost to repair the damage?

« Appx II. • Fla. R. Civ. P., Appx. II

APPENDIX II. STATEWIDE UNIFORM GUIDELINES FOR TAXATION OF COSTS IN CIVIL ACTIONS Purpose and Application. These guidelines are advisory only. The taxation of costs in any particular proceeding is within the broad discretion of the trial court. The trial court should exercise that discretion in a manner that is consistent with the policy of reducing the overall costs of litigation and of keeping such costs as low as justice will permit. With this goal in mind, the trial court should consider and reward utilization of innovative technologies by a party which subsequently minimizes costs and reduce the award when use of innovative technologies that were not used would have resulted in lowering costs. In addition, these guidelines are not intended to (1) limit the amount of costs recoverable under a contract or statute, or (2) prejudice the rights of any litigant objecting to an assessment of costs on the basis that the assessment is contrary to applicable substantive law. Burden of Proof. Under these guidelines, it is the burden of the moving party to show that all requested costs were reasonably necessary either to defend or prosecute the case at the time the activity precipitating the cost was undertaken. I. Litigation Costs That Should Be Taxed. A. Depositions. 1. The original and one copy of the deposition and court reporter’s per diem for all depositions. 2. The original and/or one copy of the electronic deposition, including audiovisually recorded depositions, and the cost of the services of a technician for electronic depositions used at trial. 3. Telephone toll and electronic conferencing charges for the conduct of telephone and electronic depositions. B. Documents and Exhibits. 1. The costs of copies of documents filed (in lieu of “actually cited”) with the court, which are reasonably necessary to assist the court in reaching a conclusion. 2. The costs of copies obtained in discovery, even if the copies were not used at trial.

C. Expert Witnesses. 1. A reasonable fee for deposition and/or court testimony, and the costs of preparation of any court ordered report. D. Witnesses. 1. Costs of subpoena, witness fee, and service of witnesses for deposition and/or trial. E. Court Reporting Costs Other than for Depositions. 1. Reasonable court reporter’s per diem for the reporting of evidentiary hearings, trial and posttrial hearings. F. Reasonable Charges Incurred for Requiring Special Magistrates, Guardians Ad Litem, and Attorneys Ad Litem. G. Filing Fees and Service of Process Fees. II. Litigation Costs That May Be Taxed as Costs. A. Mediation/Nonbinding Arbitration Fees and Expenses. 1. Costs of mediation, including mediator fees. 2. Costs of court-ordered nonbinding arbitration, including arbitrator fees. B. Reasonable Travel Expenses. 1. Reasonable travel expenses of expert when traveling in excess of 100 miles from the expert’s principal place of business (not to include the expert’s time). 2. Reasonable travel expenses of witnesses. C. Electronic Discovery Expenses. 1. The cost of producing copies of relevant electronic media in response to a discovery request. 2. The cost of converting electronically stored information to a reasonably usable format in response to a discovery request that seeks production in such format. D. Testifying Expert Witnesses. 1. A reasonable fee for conducting examinations, investigations, tests, and research and preparing reports. 2. A reasonable fee for testimony at court-ordered nonbinding arbitration. 3. A reasonable fee for preparing for deposition, court-ordered nonbinding arbitration, and/or court testimony. III. Litigation Costs That Should Not Be Taxed as Costs. A. The Cost of Long Distance Telephone Calls with Witnesses, both

Expert and Non-Expert (including conferences concerning scheduling of depositions or requesting witnesses to attend trial). B. Any Expenses Relating to Consulting But Non-Testifying Experts. C. Cost Incurred in Connection with Any Matter Which Was Not Reasonably Calculated to Lead to the Discovery of Admissible Evidence. D. Travel Time. 1. Travel time of attorney(s). 2. Travel time of expert(s). E. Travel Expenses of Attorney(s).

INDEX TO FLORIDA RULES OF CIVIL PROCEDURE ________

A ACCORD AND SATISFACTION DEFENSE, FORM FOR, 1.967. ACCOUNT. Account stated, complaint form for, 1.933. Open account, complaint form for, 1.932. ACTIONS. Class, 1.220–1.222. Consolidation of, 1.270(a). Dismissal, 1.420. Failure to state cause of, 1.140(b). Forms of action abolished, 1.110(a). Instrument on which brought attached to pleadings, 1.130(a). One form, 1.040. Separate trials, 1.170(i), 1.270(b). Setting for trial, 1.440(c). Testimony perpetuated by, 1.290(c). Transfer, 1.060. When at issue, 1.440(a). When commenced, 1.050. ADA NOTICE, 1.910–1.913, 1.922, 1.982. ADDITIONAL PARTIES, 1.170(h). ADDITUR. Motions for remittitur and additur, 1.530(h). ADMISSIONS.

See REQUESTS FOR ADMISSION. ADVERSE RULING, EXCEPTION UNNECESSARY TO APPEAL, 1.470(a). AFFIRMATIVE DEFENSES, 1.110(d). AGE. Final judgment against infant, 1.500(e). Minor parties, 1.210(b). Subpoena, person serving, 1.410(d). ALTER JUDGMENT, MOTION TO, 1.530(g). ALTERNATE JURORS, 1.431(g). ALTERNATIVE CAUSES OF ACTION OR DEFENSES, 1.110(g). AMENDMENTS. Complaint, 1.070(j). Judgments, 1.530(g). Pleadings, 1.190. ANCILLARY PROCEEDINGS, COMMENCEMENT OF, 1.050. ANSWER. See PLEADINGS AND DOCUMENTS. APPEAL. Deposition pending, 1.290(b). Exceptions not required for, 1.470. APPLICABILITY TO CIVIL ACTIONS, 1.010. ARBITRATION. Arbitration and award as affirmative defense, 1.110(d). Arbitrators, selection and compensation of, 1.810. Exclusions from, 1.800. Generally, 1.700. Hearing procedure for non-binding, 1.820.

Motion for trial after, 1.820(h). Voluntary binding, 1.830. ARREST OF JUDGMENT, EXCEPTION UNNECESSARY TO APPEAL, 1.470(c). ASSUMPTION OF RISK. Affirmative defense, 1.110(d). Defense form, 1.972. ATTACHMENT. Foreclosure form, 1.906. Writ form, 1.905. ATTENDANCE AT DEPOSITION UPON ORAL EXAMINATION, 1.310(h)(1), 1.380(d). ATTORNEYS FEES, 1.525. Mortgage foreclosure. Judgment, 1.996(a). Lost note, reestablishment, 1.996(b). AUDIOVISUAL RECORDINGS. Depositions, 1.310(b)(4). Subpoenas for taking depositions, 1.410(e). AUDITA QUERELA ABOLISHED, 1.540(b). AUTOMOBILE. See NEGLIGENCE.

B BILLS OF REVIEW ABOLISHED, 1.540(b). BOND. Conditions, 1.961. General form, 1.960. Judicial, proceedings against surety on, 1.625. Magistrates, 1.490(e). Receivers, 1.620(c). Temporary injunctions, 1.610(b). BUSINESS RECORDS, OPTION TO PRODUCE, 1.340(c).

C CAPACITY. See PARTIES. CAPTION. Contents, 1.100(c). Form, 1.901. CASE MANAGEMENT CONFERENCE, 1.200(a), 1.201. CAUSE OF ACTION. See ACTIONS. CERTIFICATE OF SERVICE. Interrogatories, 1.340(e). CHALLENGE FOR CAUSE. See JURY. CHECKS, COMPLAINT FORM FOR, 1.942. CHOICE OF FORUM, 1.061. CIVIL ACTION AS SOLE FORM OF ACTION, 1.040. CIVIL COVER SHEET, 1.100(d), 1.997. CLAIMS. Counterclaims. See COUNTERCLAIMS. Crossclaims. See CROSSCLAIMS. For relief, 1.110(b). Separate trials, 1.270(b). CLASS ACTIONS. Condominium associations, 1.221.

Generally, 1.220. Homeowners’ association, 1.221. Mobile homeowners associations, 1.222. CLERICAL ERRORS, 1.540(a). COMMENCEMENT OF ACTION, 1.050. COMMUNICATION TECHNOLOGY. Depositions upon oral examination taken by, 1.310(b)(7). Oath, witness under, 1.310(c). Subpoena for taking depositions, 1.410(e). Jury. Participation of juror by communication technology, 1.430(d). Notice for trial, contents, 1.440(b). Mediation. County court actions, 1.750. Procedures, 1.720. COMPLAINT. Claims, 1.110(b). Commencement of action, 1.050. Demand for general relief, 1.110(b). Eviction, 1.947. Generally, 1.100(a). Judgments, enforcement. Supplementary proceedings to enforce final judgments, 1.570(e). Notice to appear. Affidavit of claimant in response to notice, form, 1.914(C). Form, 1.914(B). Pleadings. See PLEADINGS AND DOCUMENTS. Service.

See SERVICE OF PROCESS. COMPLEX LITIGATION CASES. Case management conference, 1.200(a)(3), 1.201(b). Generally, 1.201. Order designating, 1.999. COMPULSORY COUNTERCLAIMS, 1.170(a). COMPUTATION OF TIME, 1.090(a). CONDITIONS OF BONDS, 1.961. CONDITIONS PRECEDENT, AVERMENTS IN PLEADINGS OF, 1.120(c). CONDOMINIUM ASSOCIATIONS, ACTIONS BY, 1.221. CONSIDERATION, FAILURE OF. Affirmative defense, 1.110(d). Defense form, 1.968. CONSISTENCY OF CAUSES OF ACTION AND DEFENSES, 1.110(g). CONSOLIDATION OF ACTIONS, 1.270(a). CONSTRUCTIVE SERVICE OF NOTICE OF ACTION. No property, form when, 1.919. Property, form when, 1.920. CONTEMPT. Discovery, failure to comply with order for, 1.380(b). Failure to obey subpoena, 1.410(f). Motion and notice of hearing, form for, 1.982. CONTINUANCES, 1.460. CONTINUING WRIT OF GARNISHMENT, 1.907(b). CONTRIBUTORY NEGLIGENCE, MOTOR VEHICLE. Affirmative defense, 1.110(d). Defense form, 1.971.

CONVERSION COMPLAINT FORM, 1.939. CORAM NOBIS ABOLISHED, 1.540(b). CORAM VOBIS ABOLISHED, 1.540(b). CORPORATIONS. Depositions, 1.310(b)(6), 1.320(a). Apex doctrine. High-level government or corporate officers, depositions, 1.280(h). Interrogatories, 1.340(a). COSTS. Discovery, 1.310(h), 1.380(a)(4). Dismissed actions, 1.420(c). Proposals for settlement, 1.442(h). Protective orders, 1.280(c), 1.380(a)(4). Statewide Uniform Guidelines for Taxation of, Appendix. Transfer for improper venue, 1.060(b). COUNTERCLAIMS. Additional parties, 1.170(h). Answer to, 1.140(a)(1). Compulsory, 1.170(a). Dismissal, 1.420(c). Exceeding opposing claim, 1.170(c). Generally, 1.100(a). Government entities, against, 1.170(d). Omitted, 1.170(f). Permissive, 1.170(b). Pleading requirements, 1.110(b). Separate trials and judgment, 1.170(i), 1.270(b). Supplemental pleading, 1.170(e). Third-party practice, 1.180.

Transfer when jurisdiction exceeded, 1.170(j). COUNTY CHARTER. Constitutional challenge. Notice of compliance, 1.975. Notice to parties, 1.071. COURTS, TRANSFER OF, 1.060(a), 1.170(j). CROSSCLAIMS. Adding parties, 1.170(h). Answer to, 1.140(a)(1). Content, 1.170(g). Co-party, against, 1.170(g). Dismissal, 1.420(c). Generally, 1.100(a). Omitted, 1.170(f). Pleading requirements, 1.110(b). Separate trial and judgment, 1.170(i), 1.270(b). Service, 1.170(g). Summons form, 1.903. Third-party practice, 1.180(a). Transfer when jurisdiction exceeded, 1.170(j).

D DAMAGES. Pleading special damages, 1.120(g). DEATH OF PARTY, 1.260(a), 1.260(d). DEFAULT. Application for, service of, 1.500(b). Entered by clerk, 1.500(a). Entered by court, 1.500(b). Final judgments, 1.500(e). Judgment. Following motion to strike, 1.150(a). Form, 1.988. Motion and entry, form for, 1.980. Pleading rights, 1.500(c). Setting aside, 1.500(d). DEFENSES. Accord and satisfaction form, 1.967. Affirmative, 1.110(d). Alternative, 1.110(g). Answer, 1.110(c), 1.110(g). Asserted in responsive pleadings, 1.140(b). Assumption of risk form, 1.972. Consistency, 1.110(g). Consolidation, 1.140(g). Contributory negligence, 1.971. Failure of consideration form, 1.968. Failure to state, 1.140(b). Instruments cause of action attached to pleadings, 1.130(a).

Joinder of, 1.110(g). Motions. See MOTIONS. Motor vehicle contributory negligence form, 1.971. Payment form, 1.966. Preliminary hearings, 1.140(d). Release form, 1.970. Responsive pleadings, asserted in, 1.140(b). Service, 1.140(a). Statute of frauds form, 1.969. Statute of limitations form, 1.965. Time for serving, 1.140(a)–(b). Waiver, 1.140(h). DEPOSITIONS. Apex doctrine. High-level government or corporate officers, 1.280(h). Audiovisual recording, 1.310(b)(4). Subpoenas for taking depositions, 1.410(e). Before action, 1.290(a). Commissioners, before, 1.410(g). Communication technology. Depositions upon oral examination taken by, 1.310(b)(7). Subpoena for taking depositions, 1.410(e). Oath, witness under, 1.310(c). Copies, obtaining, 1.310(g). Effect of taking or using, 1.330(c). Errors and irregularities in taking, notice, or return, 1.330(d). Examiner, 1.360(b)(3). Exhibits, 1.310(f).

Expert witnesses, 1.390(b). Failure to attend, 1.310(h), 1.380(d). Filing, 1.310(f). In other states, 1.410(g). Magistrates, use before, 1.490(g). Minors, 1.310(b)(8). Motion to terminate or limit, 1.310(d). Notice of taking, 1.310(b). Objections, 1.310(c), 1.330(d). Oral examination, upon, 1.280(a), 1.310. Pending appeal, 1.290(b). Persons authorized to take, 1.300. Subpoena. Contempt, 1.410(f). Failure to serve, 1.310(h). Generally, 1.410(e). In other states, 1.410(f). Transcript, 1.310. Use in court, 1.290(a)(4), 1.330. Videotaped, 1.310(b)(4). Witness review, 1.310(e). Written questions, upon. Corporations, 1.310(b)(6), 1.320(a). Failure to make discovery or comply with order, 1.380. Form of responses to written discovery requests, 1.280(i). Generally, 1.310(c), 1.320. Notice, 1.320(a). Objections to form, 1.320(a). Prisoners, 1.320(a). Subpoena, 1.320(a), 1.410.

DEPOSITS IN COURT, 1.600. DIRECTED VERDICT. Motion for, 1.480(a). Objections not necessary for appeal, 1.470(c). DISABILITIES, PERSONS WITH. Summons. Form. Eviction, residential. Accommodation of disability, 1.923. Personal service on natural person. Accommodation of disability, 1.902(b). DISCOVERY. Apex doctrine. High-level government or corporate officers, depositions, 1.280(h). Costs of recording testimony, 1.310(b)(4). Court, filing documents and discovery with, 1.280(g). Depositions, 1.310(f). Entry upon land, 1.350(d). Interrogatories, 1.340(e). Production of documents and things, 1.350(d). Depositions. See DEPOSITIONS. Electronically stored information (ESI). Limits on discovery of ESI, 1.280(d). Production of documents and things, 1.350(b). Sanctions, 1.380(e). Scope of discovery, 1.280(b). Entry upon land. See ENTRY UPON LAND.

Examination. See EXAMINATION. Examiner, 1.360(b)–(c). Execution, in aid of, 1.560, 1.977. Expert witnesses, 1.280(b)(5), 1.390(a). Failure to make, sanctions for. Attorneys’ fees, 1.380(d). Court, 1.380(a)(1). Evasive or incomplete answer, 1.380(a)(3). Expenses, 1.380(b)(2), 1.380(c), 1.380(d). Motion, 1.380(a)(2). Order compelling discovery, 1.380(a)(2), 1.380(b). Financial information about experts, 1.280(b)(5). Frequency of methods, 1.280(a). Inadmissible evidence, 1.280(b)(1). Indemnity agreements, 1.280(b)(2). Interrogatories. See INTERROGATORIES TO PARTIES. Judgments. Enforcement. Supplementary proceedings to enforce final judgments, 1.570(e). Notice to appear. Affidavit of claimant in response to notice, form, 1.914(C). Form, 1.914(B). Limiting at case management conference, 1.200(a)(4). Mediation, during, 1.710(c). Medical malpractice claims, 1.650(c). Methods, 1.280(a). Order to compel. Case management conference, 1.200(a)(4).

Contempt, 1.380(b). Failure to comply, 1.380(b). Privileged materials, inadvertent disclosure, 1.285. Production of documents and things. See PRODUCTION OF DOCUMENTS AND THINGS. Protective orders, 1.280(c), 1.380(a)(4). Sanctions for failure to preserve electronically stored information, 1.380(e). Scope, 1.280(b). Sequence, 1.280(e). Statement previously made, 1.280(b)(4). Subpoenas. See SUBPOENAS. Supplementing responses, 1.280(f). Timing, 1.280(e). Trade secrets, 1.280(c). Trial preparation, materials for, 1.280(b)(3), 1.280(b)(5). Unsworn statements. Medical malpractice claims, 1.650(c). Work product, 1.280(b)(3). Written questions. Medical malpractice claims, 1.650(c). DISMISSAL OF ACTIONS. Costs, 1.420(d). Counterclaims, 1.420(c). Crossclaims, 1.420(c). Failure to prosecute, 1.420. Failure to timely serve, 1.070(i). Involuntary, 1.420(b).

Lis pendens, effect on, 1.420(f). Third-party claims, 1.420(c). Voluntary, 1.420(a). DISTRESS WRIT FORM, 1.909. DOCUMENTARY EVIDENCE, 1.450, 1.490(g). DUCES TECUM, SUBPOENAS. See SUBPOENAS.

E EJECTMENT COMPLAINT FORM, 1.940. ELECTRONICALLY STORED INFORMATION (ESI). Discovery. Interrogatories, 1.340(c). Limits on discovery of ESI, 1.280(d). Production of documents and things, 1.350(b). Sanctions, 1.380(e). Scope of discovery, 1.280(b)(3). Pretrial procedure. Case management conference, 1.200(a)(5)-(7). Form of for production, 1.410(c). Subpoena for production of documentary evidence, 1.410(c). Form of responses to written discovery requests, 1.280(i). ENFORCEMENT OF JUDGMENTS, 1.570. ENLARGEMENT OF TIME. Depositions upon oral examination, 1.310(b)(3). Generally, 1.090(b). ENTRY UPON LAND. Failure to make discovery, 1.380(a). Failure to respond to request, 1.380(d). Form of responses to written discovery requests, 1.280(i). Persons not parties, 1.350(c). Procedure, 1.350(b). Scope of request, 1.350(a). ERRORS AND MISTAKES. Averments in pleading, 1.120(b).

Clerical, 1.540(a). Depositions, 1.330(d). Pleadings, 1.190(e). Relief from in judgments, decrees, or orders based on, 1.540(a). EVICTION. Complaint form, 1.947. Summons form, 1.923. EVIDENCE. Documentary, filing, 1.450(b). Excluded, record of, 1.450(a). Inadmissible, use in discovery of, 1.280(b)(1). Magistrates, use before, 1.490(g). Newly discovered, 1.540(b). EXAMINATION. Examiner as witness, 1.360(c). Failure to comply with order, 1.380(b). Medical malpractice actions, 1.650(c)(2)(C). Minors, 1.360(a)(1)(C). Notice, 1.360(a). Oral. See DEPOSITIONS. Order for examination, 1.360(a). Report of examiner, 1.360(b). Request, 1.360(a). Waiver of confidentiality privilege, 1.360(b)(2). EXAMINER, REPORT OF, 1.360(b). EXCEPTIONS UNNECESSARY, 1.470. EXCLUDED EVIDENCE, 1.450(b). EXECUTION.

Discovery in aid of, 1.560. Form, 1.914(A). Issuance of, 1.550(a). Stay of, 1.550(b). Supplementary proceedings to enforce final judgments, 1.570(e). Notice to appear. Affidavit of claimant in response to notice, form, 1.914(C). Form, 1.914(B). EXHIBITS. Attached to pleadings, 1.130. EXPERT WITNESSES, 1.280(b)(5), 1.390(a). EXTRAORDINARY REMEDIES, 1.630.

F FACT INFORMATION SHEET, 1.560, 1.977. FACTS, ADMISSION OF. Discovery generally. See DISCOVERY. Requests for admission. See REQUESTS FOR ADMISSION. FACTS, STATEMENT IN PLEADINGS OF, 1.110(b). FAILURE OF CONSIDERATION. Affirmative defense, 1.110(d). Defense, form for, 1.968. FAILURE TO COMPLY WITH DISCOVERY ORDER, 1.380(b). FAILURE TO MAKE DISCOVERY, 1.380. FAILURE TO PROSECUTE. Form motion, notice, and order of dismissal, 1.989. Generally, 1.420(e). FAILURE TO STATE CAUSE OF ACTION, 1.140(b). FALL-DOWN NEGLIGENCE COMPLAINT FORM, 1.951. FEES. Service of process, 1.070(g). FINAL DISPOSITION FORM. Form, 1.998. Required, 1.545. FINAL JUDGMENT. Amendments, 1.530(g). Default, after, 1.500(e). Enforcement of, 1.570.

Forms. See FORMS. New trial, 1.530. Rehearing, 1.530. Relief from, 1.540. FINAL PROCESS, 1.550. FORCIBLE ENTRY AND DETENTION COMPLAINT FORM, 1.938. FORECLOSURE. Attachment form, 1.906. Final judgment of foreclosure form, 1.944(c), 1.996(a). Lost note, reestablishment, 1.996(b). Motion for order to show cause for entry of final judgment, 1.944(c). Order to show cause, 1.944(d). Magistrates for residential foreclosure matters. Appointment of magistrate to handle only residential mortgage foreclosures, 1.490(a). Filing, notice and exceptions to report, 1.491(f). General magistrates, 1.491(a). Hearings. Provisions applicable to conduct and notice, 1.491(d). Notice of hearings, 1.491(d). Objection to referral, 1.490(c). Powers and duties, 1.491(c). Record required to accompany exceptions to report, 1.491(f). Referral to magistrate, 1.491(b). Report required, 1.491(e). Mortgage complaint form. Original note location known, 1.944(a). Original note location not known, 1.944(b).

Motion to cancel and reschedule foreclosure sale form, 1.996(b), 1.996(c). Pleading mortgage foreclosures, 1.115. FORMS. Accord and satisfaction defense, 1.967. Account stated complaint, 1.933. Affidavit of diligent search and inquiry, 1.924. Assumption of risk defense, 1.972. Attachment writ, 1.905–1.906. Bond, general, 1.960. Bond conditions, 1.961. Caption, 1.901. Check complaint, 1.942. Civil cover sheet, 1.997. Complex case, order designating, 1.999. Contempt motion and notice of hearing for, 1.982. Contributory negligence defense, 1.971. Conversion complaint, 1.939. Crossclaim summons, 1.903. Default. Judgment, 1.988. Motion, 1.980. Defenses. Accord and satisfaction, 1.967. Assumption of risk, 1.972. Failure of consideration, 1.968. Payment, 1.966. Release, 1.970. Statute of frauds, 1.969. Statute of limitations, 1.965.

Distress writ, 1.909. Ejectment complaint, 1.940. Eviction. Complaint, 1.947. Summons, 1.923. Execution, 1.914(A). Fact information sheet. Business entities, 1.977(b). Individual, 1.977(a). Failure of consideration as defense, 1.968. Final disposition, 1.998. Final judgment. For defendant. Jury, 1.991. Nonjury, 1.994. Foreclosure, 1.996(a). Lost note, reestablishment, 1.996(b). For plaintiff. Jury, 1.990. Nonjury, 1.993. Forcible entry and detention complaint, 1.938. Foreclosure. Complaint. Original note location known, 1.944(a). Original note location not known, 1.944(b). Final judgment, 1.996(a). Lost note, reestablishment, 1.996(b). Motion to cancel and reschedule foreclosure sale, 1.996(b), 1.996(c). Writ, 1.906. Garnishment writ, 1.907.

Generally, 1.900. Goods sold, complaint for, 1.935. Implied warranty complaint, 1.949. Interrogatories, 1.976, Appendix. Judgment. Action for damages. Jury verdict for defendant, 1.991. Jury verdict for plaintiff, 1.990. After default, 1.988. Nonjury for defendant, 1.994. Nonjury for plaintiff, 1.993. Satisfaction of, 1.981. Juror questionnaires, 1.983–1.984. Lack of prosecution, notice and order of dismissal for, 1.989. Lis pendens notice, 1.918. Money lent, complaint for, 1.936. Mortgage foreclosure complaint. Original note location known, 1.944(a). Original note location not known, 1.944(b). Ne exeat writ, 1.917. Negligence complaints, 1.945–1.946, 1.951. Notice of action, constructive service. No property, 1.919. Property, 1.920. Notice of lack of prosecution, 1.989. Notice of production from nonparty, 1.921. Notice to appear, 1.914(B). Affidavit of claimant in response to notice, 1.914(C). Open account, complaint, 1.932.

Order of dismissal for lack of prosecution, 1.989. Payment as defense, 1.966. Promissory note complaint, 1.934. Prosecution, notice and order of dismissal for lack of, 1.989. Release as defense, 1.970. Replevin. Complaint, 1.937. Final judgment, 1.995. Order to show cause, 1.916. Writ, 1.908. Satisfaction of judgment, 1.981. Specific performance complaint, 1.941. Standard interrogatories, Appendix. Statute of frauds defense, 1.969. Statute of limitations defense, 1.965. Subpoena. For deposition, 1.912. For trial, 1.910. Subpoena duces tecum. For deposition, 1.913. For trial, 1.911. Without deposition, 1.922. Summons. General form, 1.902(a). Mail, service by, 1.902(c). Personal service on natural person, 1.902(b). Tenant eviction, 1.923. Waiver, request for, 1.902(c). Tenant eviction. Complaint, 1.947.

Summons, 1.923. Third-party complaint, 1.948. Third-party summons, 1.904. Verdicts, 1.986. Voir dire questionnaire, 1.984. Writ of possession, 1.915. FORUM NON CONVENIENS, 1.061. FRANCHISE. Constitutional challenge. Notice of compliance, 1.975. Notice to parties, 1.071. FRAUD. Averment in pleadings, 1.120(b). Relief from judgment, 1.540(b).

G GARNISHMENT WRIT FORM, 1.907. GOODS SOLD, COMPLAINT FORM FOR, 1.935. GOVERNMENT ORGANIZATIONS, COUNTERCLAIMS AGAINST, 1.170(d). GUARDIAN AND WARD AS PARTIES, 1.210(b).

H HABEAS CORPUS, 1.630. HEARINGS. Arbitration, non-binding, 1.820. Magistrates, 1.490(g). Notice of, 1.100(b). Preliminary on defenses, 1.140(d). HOMEOWNERS’ ASSOCIATIONS, ACTIONS BY, 1.221.

I IMPLIED WARRANTY COMPLAINT FORM, 1.949. IMPROPER VENUE. See VENUE. INADMISSIBLE EVIDENCE, DISCOVERY OF, 1.280(b)(1). INADVERTENCE, RELIEF FROM JUDGMENT FOR, 1.540(b). INCOMPETENCY, 1.210(b), 1.260(b). INCORPORATION OF ATTACHED INSTRUMENTS IN PLEADING, 1.130(a). INDEMNITY AGREEMENTS, DISCOVERY OF, 1.280(b)(2). INDISPENSABLE PARTIES, FAILURE TO JOIN, 1.140(b). INFANTS, 1.120(a), 1.210(b), 1.310(b)(8), 1.360(a)(1)(C), 1.410(h), 1.650(c)(2)(A). INJUNCTIONS. Bond, 1.610(b). Evidence, 1.610(a)(2). Form of, 1.610(c). Issuance, 1.610(a). Motion to dissolve, 1.610(d). Notice not required, when, 1.610(a)(1). Scope, 1.610(c). Temporary, 1.610(a). INSPECTION. See PRODUCTION OF DOCUMENTS AND THINGS. INSTRUCTIONS TO JURIES. Generally, 1.470. INSTRUMENTS ATTACHED TO PLEADINGS, 1.130.

INSUFFICIENCY OF SERVICE OF PROCESS, 1.140(b). INTENT AVERRED GENERALLY, 1.120(b). INTEREST, TRANSFER OF DURING ACTION, 1.260(c). INTERPLEADER, 1.240. INTERROGATORIES TO PARTIES. Answers, 1.340(a), 1.340(c), 1.340(e). Availability, 1.340(a). Certificate of service, 1.340(e). Co-party, effect on, 1.340(d). Corporations, 1.340(a). Electronically stored information (ESI), 1.340(c). Failure to make discovery, 1.380(a), 1.380(d). Filing, 1.340(e). Form, 1.340(e), 1.976, Appendix. Medical malpractice, Appendix forms 3–4. Negligence, Appendix forms 1–2, Appendix forms 5–6. Notice of service, 1.340(e). Number of, 1.340(a). Objections, 1.340(a). Option to produce records, 1.340(c). Organizations, 1.340(a). Procedure for use, 1.340(a). Response. Form of responses to written discovery requests, 1.280(i). Scope, 1.340(b). Service, 1.340(a). Standard forms, 1.976, Appendix. Time, 1.340(a). Use at trial, 1.340(b).

Witness’s failure to answer or object, 1.380(d). INTERVENTION, 1.230. INTERVIEW OF JUROR, 1.431(h). INVOLUNTARY DISMISSAL, 1.420(b). ISSUE, ACTION AT, 1.440(a).

J JOINDER. Additional parties, 1.170(h). Causes of action and defenses, 1.110(g). Misjoinder, 1.250. Nonjoinder, 1.250. JUDGMENTS. Amendment of, 1.530(g). Averments in pleadings, 1.120(e). Default, 1.500(e). Demand in pleadings, 1.110(b). Enforcement of, 1.570. Notice to appear. Affidavit of claimant in response to notice. Form, 1.914(C). Form, 1.914(B). Errors in, 1.540(a). Execution, 1.550(a). Final. See FINAL JUDGMENT. Foreclosure. Final judgment of foreclosure form, 1.996(a). Lost note, reestablishment, 1.996(b). Motion for order to show cause for entry of final judgment, 1.944(c). Order to show cause, 1.944(d). Forms. See FORMS. Non obstante veredicto, objection to not necessary for appeal, 1.470(c).

Offers of judgment. See PROPOSALS FOR SETTLEMENT. On the pleadings, motion for, 1.140(c). Pleading, 1.120(e). Relief from for mistakes, neglect, new evidence, fraud, etc., 1.540(b). Stay of execution, 1.550(b). Summary, 1.510. New trial and rehearing, motions, 1.530(a). JURISDICTION. Demand exceeding, transfer of action when, 1.170(j). Lack of, 1.140(b). Motion for lack of, 1.140(b). Statement in pleadings, 1.110(b). JURY. Alternate jurors, 1.431(g). Cause, challenge for, 1.431(c). Challenges, 1.431(c)–(e). Communication technology. Participation of juror by communication technology, 1.430(d). Notice for trial, contents, 1.440(b). Communication with jury. Exception for routine communication, 1.431(i)(2). Instructions to jury to limit communication, 1.431(i)(3). Notice of jury communication, 1.431(i)(4). On the record, 1.431(i)(1). Demand for trial by, 1.430(b). Examination by parties, 1.431(b). Instructions, 1.470. Interview of juror, 1.431(h).

Notebooks, 1.200(b)(5), 1.455. Peremptory challenges, 1.431(d), 1.431(g)(2). Questionnaire. Generally, 1.431(a). Prospective juror, 1.983. Voir dire, 1.984. Questions by, 1.452. Right to trial by, 1.430(a). Specification of issues, 1.430(c). Swearing of, 1.431(f). Verdict. Form judgment for defendant, 1.991. Form judgment for plaintiff, 1.990. View, 1.520. Waiver of right to trial by, 1.430(e).

K KNOWLEDGE AVERRED GENERALLY, 1.120(b).

L LACK OF JURISDICTION OVER PERSON OR SUBJECT MATTER. Asserted by motion, 1.140(b). LANDLORD AND TENANT. Eviction complaint form, 1.947. Eviction summons form, 1.923. LEAVE OF COURT, WHEN NECESSARY FOR DEPOSITION UPON ORAL EXAMINATION, 1.310(a), 1.310(b)(2). LETTERS ROGATORY, 1.300(b). LIS PENDENS. Dissolved by dismissal of action, 1.420(f). Notice form, 1.918.

M MAGISTRATES. Accounts, form of, 1.490(g). Bond, 1.490(e). Case management conference, referral at, 1.200(a). Consent of parties to reference to, 1.490(c). Documents, 1.490(g). Duties, 1.490(d). Exceptions to report, 1.490(i)–(j). General, 1.490(a). Hearings, 1.490(g). Interrogatories, 1.490(g). Mortgage foreclosure cases before magistrates. Appointment of magistrate to handle only residential mortgage foreclosures, 1.490(a). General magistrates for residential foreclosure matters, 1.491. Referral to magistrate, objection to, 1.490(c). Notice of hearing, 1.490(f). Powers, 1.490(d). Procedure, 1.490(g). Record to support exceptions to report, 1.490(j). Reference to, 1.490(c). Report, 1.490(h)–(i). Special, 1.490(b). MALICE AVERRED GENERALLY, 1.120(b). MANDAMUS, 1.630. MEDIATION. Completion of, 1.730.

County court actions, 1.750. Effect on proposals for settlement, 1.442(j). Generally, 1.700, 1.710. Procedures, 1.720. Small claims, 1.750(c). MEDICAL MALPRACTICE. Interrogatories, Appendix forms 3–4. Presuit screening rules, 1.650. MENTAL ATTITUDE AVERRED GENERALLY, 1.120(b). MENTAL EXAMINATION. See EXAMINATION. MINIMIZATION OF FILING OF SENSITIVE INFORMATION, 1.020. MINORS, 1.120(a), 1.210(b), 1.310(b)(8), 1.360(a)(1)(C), 1.410(h), 1.650(c) (2)(A). MISJOINDER, 1.250. MISTAKES. See ERRORS AND MISTAKES. MOBILE HOMEOWNERS’ ASSOCIATIONS, ACTIONS BY, 1.222. MONEY LENT, COMPLAINT FORM FOR, 1.936. MORTGAGE FORECLOSURE CASES BEFORE MAGISTRATES. Appointment of magistrate to handle only residential mortgage foreclosures, 1.490(a). General magistrates for residential foreclosure matters, 1.491. Pleading mortgage foreclosures, 1.115. Referral to magistrate, objection to, 1.490(c). MORTGAGE FORECLOSURE FORMS. Attachment, 1.906. Complaint.

Original note location known, 1.944(a). Original note location not known, 1.944(b). Final judgment, 1.996(a). Lost note, reestablishment, 1.996(b). Motion to cancel and reschedule foreclosure sale, 1.996(b), 1.996(c). MOTIONS. Additur. Motions for remittitur and additur, 1.530(h). Alter or amend judgment, 1.530(g). Attorneys’ fees, 1.525. Contempt form, 1.982. Continuances, 1.460. Default form, 1.980. Defenses made by, 1.140(b). Directed verdict, 1.480. Enlargement of time, 1.090(b). Failure to state cause of action, defense of, 1.140(b). Granted by clerk, 1.160. Improper venue, defense of, 1.140(b). Indispensable parties, defense of failure to join, 1.140(b). Injunction, to dissolve, 1.610(d). Insufficiency of service of process, defense of, 1.140(b). Judgment on the pleadings, 1.140(c). Lack of jurisdiction, defense of, 1.140(b). Limitation or termination of oral examination, 1.310(d). More definite statement, for, 1.140(c). Mortgage foreclosure. Judgment. Show cause for entry of final judgment, 1.944(c).

New trial. Arbitration, trial de novo after, 1.800. Court’s discretion, 1.530(d). Joined with motion for directed verdict, 1.480(c). Nonjury action, 1.530(e). Objection to denial not required for appeal, 1.470(c). Order, contents of, 1.530(f). Service of affidavits, 1.530(c). Time to serve, 1.530(b). When granted, 1.530(a). Notice of hearing, 1.100(b). Order compelling discovery, 1.380(a)(2). Rehearing, 1.530(a)–(e). Relief from judgment, decrees, or orders, 1.540. Remittitur. Motions for remittitur and additur, 1.530(h). Service, 1.090(d). Strike, to. Contents, 1.150(b). Effect of, 1.140(b), 1.140(f), 1.150(a)–(b). Time, 1.140(b), 1.140(f). Summary judgment, 1.510. Temporary injunction, to dissolve, 1.610(d). Time for service, 1.090(d). Written or oral, 1.100(b). MOTOR VEHICLES. Defenses. See DEFENSES. Negligence.

See NEGLIGENCE. MUNICIPAL CHARTER. Constitutional challenge. Notice of compliance, 1.975. Notice to parties, 1.071.

N NE EXEAT WRIT FORM, 1.917. NEGLECT. Relief from judgment based on, 1.540(b). NEGLIGENCE. Fall-down, complaint form for, 1.951. Interrogatories, Appendix forms 1–2. Motor vehicles. Complaint form, 1.945. Contributory, form for defense of, 1.971. Interrogatories to defendant, Appendix form 6. Interrogatories to plaintiff, Appendix form 5. Plaintiff unable to determine which defendant is responsible, complaint form when, 1.946. NEW TRIAL. Motions. See MOTIONS. NONJOINDER, 1.250. NONPARTIES, 1.590, 1.921. NONVERIFICATION OF PLEADINGS, 1.030. NOTE, COMPLAINT FORM FOR PROMISSORY, 1.934. NOTICE. Action at issue, 1.440(b). Application for default, 1.500(b). Case management conference, 1.200(c). Constructive service. No property at issue, form when, 1.919.

Property at issue, form when, 1.920. Contempt form, 1.982. Defaulting parties, on, 1.500(b). Deposition. Before action or pending appeal, 1.290(a)(2). Filing, 1.320. Upon oral examination, 1.310(b). Hearings, 1.100(b). Lis pendens form, 1.918. Magistrates, notice of hearing before, 1.490(f). Mediation, referral to, 1.700(a)(2). Medical malpractice actions, 1.650(b). Pretrial procedure, 1.200(c). Production from nonparty, 1.921. Trial, 1.440(b).

O OBJECTIONS. Depositions. Admissibility, 1.330(b). Disqualification of officer, 1.330(d)(2). Notice, 1.330(d)(1). Taking, 1.330(d)(3). Waiver, 1.330(d). Interrogatories, 1.340. When unnecessary, 1.470(c). OFFERS OF JUDGMENT. See PROPOSALS FOR SETTLEMENT. OMITTED COUNTERCLAIM OR CROSSCLAIM, 1.170(f). OPEN ACCOUNT, COMPLAINT FORM FOR, 1.932. ORAL EXAMINATION. See DEPOSITIONS. ORDERS. Case management, 1.200(d), 1.201(c). Compelling discovery, 1.380. Complex case, designating, 1.999. Depositions before actions or pending appeal, 1.290(a)(3). Exceptions unnecessary, when, 1.470(c). Foreclosure. Order to show cause, 1.944(d). New trial, 1.530(f). Relief from for mistakes, neglect, new evidence, fraud, etc, 1.540(b). Service of, 1.070(f).

Show cause in replevin action, 1.916. ORDINANCES. Constitutional challenge. Notice of compliance, 1.975. Notice to parties, 1.071. ORGANIZATIONS. Depositions of, 1.310(b)(6), 1.320(a). Interrogatories, 1.340(a).

P PAPERS. See PLEADINGS AND DOCUMENTS. PARTIES. Adding, 1.250(c). Affidavit of diligent search and inquiry, 1.924. Capacity to sue and be sued, 1.120(a). Death, 1.260(a). Dropping, 1.250(b). Failure to make discovery, 1.380(d). Generally, 1.210(a). Guardian ad litem, 1.210(b). Incompetency, 1.210(b), 1.260(b). Indispensable, failure to join, 1.140(b), 1.140(h)(2). Infants, 1.210(b). Joinder, 1.170(h). Mediation. Party representatives having authority to settle, 1.720. Misjoinder, 1.250. Nonjoinder, 1.250. Nonparties, process for or on, 1.590. Protective orders regarding discovery, 1.280(c). Public officials, 1.260(d)(2). Substitution, motion for, 1.260(a)(1). Substitution of public officials, 1.260(d). Survivorship, 1.260(a)(2). Third-party practice, 1.180. Transfer of interest, 1.260(c).

PAYMENT AS DEFENSE, FORM FOR, 1.966. PEREMPTORY CHALLENGES, 1.431(d), 1.431(g)(2). PERMISSIVE COUNTERCLAIMS, 1.170(b). PERSONAL REPRESENTATIVES AS PARTIES, 1.210(a). PETITION. Caption form, 1.901(b). Depositions before action or pending appeal, 1.290(a)(1). PHYSICAL EXAMINATION. See EXAMINATION. PLEADINGS AND DOCUMENTS. Affirmative defenses, 1.110(d). Allowable, 1.100(a). Amendments. Conformity with evidence required, 1.190(b). Generally, 1.190(a). Relation back, 1.190(c). Responses to, 1.140(a)(3). Supplemental pleadings, 1.190(d). Time, 1.190(e). Answer. Requirements of, 1.110(c). Service, 1.140(a). Capacity of party, 1.120(a). Caption, 1.100(c). Cause of action attached, 1.130(a). Civil cover sheet, 1.100(d), 1.997. Claims for relief, 1.110(b). Complaint, 1.050. Condition of mind, 1.120(b).

Conditions precedent, 1.120(c). Damage, special, 1.120(g). Default, application for, 1.500(b). Defenses. See DEFENSES. Defined, 1.100(a). Demand for judgment, 1.110(b). Document or act, averment of in pleading, 1.120(d). Exhibits, 1.130. Failure to deny allegations, 1.110(e). Filing, 1.080(b). Final disposition form, 1.545, 1.998. Forms. See FORMS. Forms of action abolished, 1.110(a). Fraud, 1.120(b). General rules, 1.100, 1.110. Instruments attached, 1.130(a). Interpleader, 1.240. Intervention, 1.230. Joinder, 1.110(g), 1.170(h). Judgment or decree, 1.120(e). Jurisdictional statement, 1.110(b). Mistake, 1.120(b). Mortgage foreclosures, 1.115. Claims for relief, 1.115(a). Delegated claims for relief, 1.115(b). Lost, destroyed or stolen instruments, 1.115(d). Possession of original promissory note, 1.115(c). Verification, 1.115(e).

Official document or act, 1.120(d). Responsive, defense presented, 1.140(b). Scire facias, relief by, 1.100(e). Separate statements of claim or defense required, 1.110(f). Service. By mail, 1.070(f). Conformity with statute, 1.080(a). Defenses, 1.140(a). Fees, 1.070(g). Notice of taking deposition upon written questions, 1.320(a). Orders, 1.070(f). Personal, 1.070(e). Scheduling at case management conference, 1.200(a)(1). Sham, 1.150. Special damages, 1.120(g). Special matters, 1.120. Statement of facts, 1.110(b). Statements adopted by reference, 1.130(b). Subsequent pleadings, 1.110(h). Supplemental, 1.170(e), 1.190(d)–(e). Time, computation of, 1.090. Time and place, averments of, 1.120(f). Types of, 1.100(a). Writing, definition, 1.080(c). POSSESSION, WRIT OF. Form, 1.915. Rule, 1.580. PRELIMINARY HEARINGS ON DEFENSES, 1.140(d). PRETRIAL PROCEDURE.

Case management conference. Generally, 1.200(a). Notice, 1.200(c). Order, 1.200(d). Pretrial conference, 1.200(b). PRISONERS, DEPOSITIONS OF, 1.310(a), 1.320(a). PRIVACY AND COURT RECORDS, 1.020. PRIVILEGED MATERIALS. Inadvertent disclosure, 1.285. PROCESS. See SERVICE OF PROCESS. PRODUCTION OF DOCUMENTS AND THINGS. Copies furnished to other parties, 1.351(e). Electronically stored information (ESI), 1.350(a). Failure to make discovery, 1.380(a). Failure to serve written response, 1.380(d). Filing, 1.350(d). Form of responses to written discovery requests, 1.280(i). From nonparties, 1.350(c), 1.351, 1.921. Generally, 1.280(a), 1.280(b)(3). Independent action, 1.351(f). Inspection, 1.350(a). Notice to nonparty, form for, 1.921. Objection, 1.351(b), 1.351(d). Procedure, 1.350(b). Recordings, visual and audiovisual, 1.350(a). Relief, 1.310, 1.351(c)–(d). Request, 1.310(b)(5), 1.350(a), 1.351. Scope, 1.350(a).

Subpoena for, 1.351(c), 1.410(c). Form of responses to written discovery requests, 1.280(i). Without deposition, 1.351. PROHIBITION, WRIT OF, 1.630. PROMISSORY NOTE COMPLAINT FORM, 1.934. PROPERTY, RECOVERY OF, 1.570(b), 1.570(d), 1.939. PROPOSALS FOR SETTLEMENT. Acceptance, 1.442(f). Contents, 1.442(c)(2). Costs and fees, 1.442(h). Evidence of, 1.442(i). Generally, 1.442(a). Mediation, effect on, 1.442(j). Rejection, 1.442(f). Sanctions, 1.442(g). Service and filing, 1.442(d). Time requirements, 1.442(b). Withdrawal, 1.442(e). Writing, requirement that proposal be in, 1.442(c)(1). PROSECUTION, LACK OF. Form motion, notice, and judgment of dismissal, 1.989. Generally, 1.420(e). PROTECTIVE ORDERS REGARDING DISCOVERY, 1.280(c). PUBLIC OFFICIALS, 1.260(d). Depositions. Apex doctrine. High-level government or corporate officers, depositions, 1.280(h). PUNITIVE DAMAGES.

Amended complaint, 1.190(f). Verdicts, 1.481.

Q QUO WARRANTO, WRIT OF, 1.630.

R REAL PROPERTY, RECOVERY OF, 1.570(b), 1.570(d), 1.580, 1.938, 1.940. RECEIVERS. Bond, 1.620(c). Notice of appointment, 1.620(a). Report, 1.620(b). RECORD. Deposition, 1.320(b). Excluded evidence, of, 1.450(a). RECORDINGS, VISUAL AND AUDIOVISUAL. Production of documents and things, 1.350(a). RECORDING TESTIMONY, COSTS OF, 1.310(b)(4)(D). REHEARING, MOTION FOR, 1.530(a), 1.530(e). RELEASE AS DEFENSE, FORM FOR, 1.970. REMITTITUR. Motions for remittitur and additur, 1.530(h). REPLEVIN. Complaint form, 1.937. Final judgment form, 1.995. Order to show cause, form, 1.916. Writ form, 1.908. REQUEST FOR INSPECTION, 1.380(d). REQUESTS FOR ADMISSION. Amendment of admissions, 1.370(b). Documents, genuineness of, 1.370(a). Effect of admission, 1.370(b).

Expenses, 1.370(a), 1.380(a)(4), 1.380(c). Failure to admit or deny, 1.370(a), 1.380(c). Form of responses to written discovery requests, 1.280(i). Limit on number, 1.370(a). Motion to determine sufficiency of answers and objections, 1.370(a). Objections, 1.370(a). Service, 1.370(a). Time, 1.370(a). Withdrawal of admission, 1.370(b).

S SATISFACTION DEFENSE, FORM FOR, 1.967. SATISFACTION OF JUDGMENT, FORM FOR, 1.981. SCIRE FACIAS, MOTION IN LIEU OF, 1.100(e). SEPARATE TRIALS, 1.170(i), 1.270(b). SERVICE OF PLEADINGS AND DOCUMENTS. Generally. See PLEADINGS AND DOCUMENTS. SERVICE OF PLEADINGS OTHER THAN STATEMENT OF CLAIM. Affidavit of diligent search and inquiry, 1.924. SERVICE OF PROCESS. Constructive, 1.070(d)–(e). Fees, 1.070(g). Long arm, 1.070(h). Mail, 1.070(i). Motion based on insufficiency of, 1.140(b). Multiple defendants, 1.070(c). Nonparties, 1.590. Nonresidents, 1.070(h). Orders, 1.070(f). Personal, 1.070(e). Persons authorized to serve, 1.070(b). Pleadings, service of, 1.070(e). Proof of service, 1.070(b). Publication, 1.070(d)–(e). Subpoenas.

Age of process server, 1.410(d). Deposition, 1.310(h)(2). Generally, 1.351(c), 1.410(d). Proof of service, 1.410(d). Service as provided by law, 1.410(c). Summons, issuance of, 1.070(a). Time limit on service, 1.070(j). Who may serve, 1.410(d). SETTLEMENT, PROPOSALS FOR. See PROPOSALS FOR SETTLEMENT. SHAM PLEADINGS, 1.150. SPECIAL DAMAGE, PLEADING, 1.120(g). SPECIAL MATTERS, PLEADING, 1.120. SPECIFIC PERFORMANCE, COMPLAINT FORM FOR, 1.941. STANDARD INTERROGATORIES, Appendix. STANDARD JURY INSTRUCTIONS. Use, 1.470(b). STATE, COUNTERCLAIM AGAINST, 1.170(d). STATEMENT OF CLAIM. Constitutional challenge. Notice of compliance, 1.975. State statute, charter, ordinance, or franchise, 1.071. STATEWIDE UNIFORM GUIDELINES FOR TAXATION OF COSTS IN CIVIL ACTIONS, Appendix. STATUTE OF FRAUDS AS DEFENSE, FORM FOR, 1.969. STATUTE OF LIMITATIONS, 1.650(d), 1.965. STATUTE OF REPOSE, 1.650(d). STATUTORY PROCEEDINGS, APPLICABILITY OF RULES TO,

1.010. STAY OF EXECUTION, 1.550(b). STIPULATIONS. Case management conference, 1.200(a)(11). Depositions, 1.300(c). SUBPOENAS. Attendance of witness, 1.410(b). Contempt for failure to obey, 1.410(f). Deposition. Failure to serve for, 1.310(h)(2). Foreign state, authorized by, 1.410(g). Form, 1.912. Generally, 1.320(a), 1.410(e). Duces tecum. For deposition, form, 1.913. For trial, form, 1.911. Generally, 1.310(b)(1), 1.410(e). Without deposition, form, 1.922. Failure to serve for deposition, 1.310(h)(2). Generally, 1.410(a). Minors, 1.410(h). Production of documentary evidence, 1.410(c). Form of responses to written discovery requests, 1.280(i). Service. See SERVICE OF PROCESS. Trial, form for, 1.910. SUBSTITUTION. Parties, 1.260. SUMMARY JUDGMENT, 1.510.

New trial and rehearing, motion, 1.530(a). SUMMONS. Crossclaim form, 1.903. Eviction form, 1.923. General form, 1.902(a). Issued when action commenced, 1.070(a). Mail, service by, 1.902(c). Notice of lawsuit and request for waiver of service, 1.902(c). Personal service on natural person, 1.902(b). Third-party form, 1.904. Time limit, 1.070(j). Waiver, request for, 1.902(c). SUPPLEMENTAL PLEADINGS. Counterclaim, 1.170(e). Generally, 1.190(d). Time, 1.190(e). SUPPLEMENTARY RESPONSES TO DISCOVERY REQUESTS, 1.280(f). SURETY. Proceedings against, 1.625. SURVIVORSHIP OF PARTIES, 1.260(a)(2).

T TAXATION OF COSTS IN CIVIL ACTIONS, GUIDELINES FOR, Appendix. TEMPORARY INJUNCTIONS. See INJUNCTIONS. TENANT. Eviction complaint form, 1.947. Eviction summons form, 1.923. TESTIMONY, PERPETUATION OF, 1.290(c). THIRD-PARTY PRACTICE. Claim to property, 1.580. Complaint. Form, 1.948. Generally, 1.100(a), 1.180. Dismissal, 1.420(c). Pleading claim, 1.110(b). Separate trials, 1.270(b). Summons form, 1.904. TIME. Court term, effect of expiration of, 1.090(c). Defenses, service of, 1.140(a). Depositions, 1.310(a), 1.310(b)(3), 1.320(a). Motions and notices of hearing, service of, 1.090(d). Service by mail, 1.070(i). Summons, limit on service of, 1.070(j). TRACING TABLE WITH FEDERAL RULES, Page CIV-13. TRADE SECRETS, PROTECTIVE ORDERS REGARDING, 1.280(c).

TRANSCRIPT OF DEPOSITION, 1.310(e)–(g). TRANSFER OF ACTIONS. Counterclaim or crossclaim, when demand in exceeds court jurisdiction, 1.170(j). Interest, 1.260(c). Method, 1.060(c). Wrong court, 1.060(a), 1.140(b)(3). Wrong venue, 1.060(b), 1.061. TRIAL. Action at issue, 1.440(a). Consolidation of actions, 1.270(a). Notice of trial, 1.440(b). Notice that action is at issue, 1.440(b). Separate trial ordered, 1.170(i), 1.270(b). Setting action for, 1.200(a)(2), 1.440(c). TRIAL PREPARATION. See DISCOVERY.

V VENUE. Choice of venue, 1.061. Improper, defense based on, 1.140(b). Transfer of action when improper, 1.060(b)–(c). VERDICTS. Forms, 1.986. Punitive damages, 1.481. VERIFICATION OF PLEADINGS NOT REQUIRED, 1.030. Mortgage foreclosures, verification, 1.115(e). VIEW BY JURY, 1.520. VOIR DIRE QUESTIONNAIRE, 1.984. VOLUNTARY DISMISSAL, 1.420(a).

W WAIVER. Defenses not presented, 1.140(h). Jury trial, 1.430(e). Objections as to depositions, 1.330(d). WARRANTY, IMPLIED, 1.949. WITNESSES. Competency, 1.330(d)(3)(A). Expert, 1.280(b)(5), 1.390(a). Failure to make discovery, 1.380(d). Refusal to be sworn, 1.380(b)(1). Subpoenas, 1.410. Testimony perpetuated by action, 1.290(c). Without counsel at deposition, 1.310(b)(2). WORK PRODUCT. Generally, 1.280(b)(2), 1.280(b)(5). Medical malpractice actions, 1.650(c)(3). WRITS. Attachment forms, 1.905–1.906. Audita querela abolished, 1.540(b). Bills of review abolished, 1.540(b). Distress, 1.909. Extraordinary remedies, 1.630. Garnishment, 1.907. Possession, 1.580. Replevin, 1.908.

Licensed to Otis K Pitts, Otis K Pitts

FLORIDA RULES OF GENERAL PRACTICE AND JUDICIAL ADMINISTRATION 2023 Edition Rules reflect all changes through 47 FLW S283. Subsequent amendments, if any, can be found at www.floridasupremecourt.org/decisions/rules.shtml. The Florida Bar also updates the rules on its website at www.FloridaBar.org (on the homepage click “Rules Updates”).

THE FLORIDA BAR TALLAHASSEE, FLORIDA 32399-2300

CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES ORIGINAL ADOPTION, effective 7-1-78: 360 So.2d 1076. OTHER OPINIONS: Effective 1-1-79: Effective 7-1-79: Effective 2-2180: Effective 1-1-81:

364 So.2d 466. 372 So.2d 449. 380 So.2d 1027.

Amended 2.070(f). Amended 2.010-2.130. Amended 2.060(b).

389 So.2d 202.

Effective 1-1-81: Effective 1-1-82: Effective 12-183: Effective 2-2384: Effective 1-1-85:

391 So.2d 214. 403 So.2d 926. 442 So.2d 198.

Four-year-cycle revision. Amended 2.050(e), 2.130. Amended 2.040(b)(3), 2.050(c). Added 2.075. Added 2.035.

446 So.2d 87.

Amended 2.035.

458 So.2d 1110.

Effective 1-1-85: Effective 3-1-85: Effective 7-1-86: Effective 2-1-87: Effective 7-1-87: Effective 7-1-87: Effective 1-1-88: Effective 1-1-89:

462 So.2d 444. 465 So.2d 1217. 493 So.2d 423. 500 So.2d 524. 507 So.2d 1390. 509 So.2d 276. 518 So.2d 258. 532 So.2d 667.

Four-year-cycle revision. Amended 2.140(b)(2); added 2.130(b)(5); renumbered 2.130(b)(6). Added 2.071. Added 2.125. Added 2.085. Amended 2.040(a)(2), 2.050(c). Amended 2.050(d), 2.070(e). Amended 2.130(f). Added 2.150. See revised opinion at 536 So.2d 195.

Effective 1-1-89: 536 So.2d 195.

Effective 6-1-89: Effective 11-989: Effective 1-1190: Effective 1-1890: Effective 6-1590: Effective 10-2292: Effective 10-2992: Effective 1-1-93:

543 So.2d 1244. 552 So.2d 194.

Four-year-cycle revision. Amended 2.050(c), 2.060(d), (h)-(j), 2.070(h), 2.085(a), (c). Added 2.125(b)(1)(I), (b)(1)(J). Added 2.125(b)(1)(K).

555 So.2d 848.

Added 2.125(b)(1)(L).

550 So.2d 457.

Added 2.055.

560 So.2d 786.

Added 2.030(a)(3)(D).

607 So.2d 39.

Amended 2.130(b)(3).

608 So.2d 472.

Added 2.051.

609 So.2d 465.

Effective 12-2393: Effective 2-9-95: Effective 2-2395: Effective 3-2395: Effective 3-3095: Effective 5-9-95: Effective 6-1595: Effective 1-1-96: Effective 1-1-96:

634 So.2d 604.

Four-year-cycle revision. Substantively amended 2.040(b)(5), 2.055, 2.060, 2.071, 2.085, 2.130; added 2.160, 2.170. Amended 2.110(b).

650 So.2d 30. 650 So.2d 38.

Amended 2.170. Amended 2.070.

651 So.2d 1185.

Amended 2.051.

652 So.2d 811.

Amended 2.125.

654 So.2d 917. 656 So.2d 926.

Amended 2.070(d)(2). Amended 2.125.

661 So.2d 806. 665 So.2d 218.

Amended 2.070(b). Amended 2.035.

Effective 4-1196: Effective 6-2796: Effective 8-2996: Effective 1-1-97:

672 So.2d 523. 675 So.2d 1376.

Amended 2.050(b)(4), 2.050(b)(7); added 2.050(h). Added 2.072.

678 So.2d 1285.

Added court commentary to 2.050.

681 So.2d 698.

Added 2.060(f), renumbered 2.060(f)-(l); amended 2.075, 2.090. Four-year-cycle revision. Added 2.030(a)(2)(B)(iv), 2.052, 2.065, 2.135, 2.180; amended 2.050(c), (e) (1)(F), (e)(3), (h), 2.055(c), 2.125 (for style); deleted 2.055(e). Added 2.050(b)(10). Partially suspended application of 2.055(c) until January 1, 1999. Amended 2.060(f), 2.090(c). Amended 2.050(b)(10).

Effective 1-1-97: 682 So.2d 89.

Effective 2-7-97: Effective 7-1797: Effective 1-1-98: Effective 11-2097: Effective 1-1-99:

688 So.2d 320. 697 So.2d 144.

Effective 2-1-99: Effective 5-2500: Effective 7-1400: Effective 12-100: Effective 1-1-01:

746 So.2d 1073. 766 So.2d 999.

Amended 2.055(c), added a new (d), and redesignated former (d) as (e). Amended 2.051(c)(7). Added 2.071(f).

772 So.2d 532.

Added 2.070(i).

774 So.2d 625.

Added 2.053.

780 So.2d 819.

Four-year-cycle revision. Amended 2.020, 2.053(b)(1)(A), 2.060, 2.070, 2.071(d), 2.130(a), (c), (e)-(g); added 2.061, 2.140(c). Added 2.054. Amended 2.050(b).

701 So.2d 1164. 701 So.2d 864. 711 So.2d 29.

Effective 7-1-01: 796 So.2d 477. Effective 10-1- 797 So.2d 1213.

01: Effective 1-1-02: 812 So.2d 401. Effective 3-7-02: 825 So.2d 889.

Effective 10-102: Effective 9-1902: Effective 7-1003: Effective 1-1-04:

826 So.2d 233.

Amended 2.054(e). Amended 2.030, 2.040, 2.051, 2.075; added 2.076 and Judicial Branch Retention Schedule for Administrative Records. Amended 2.050, 2.052, 2.085.

828 So.2d 994.

Amended 2.130.

851 So.2d 698.

Amended 2.050, 2.053, 2.130.

851 So.2d 698.

Effective 1-1-04: Effective 10-1404: Effective 1-1-05: Effective 1-1-05: Effective 5-1205: Effective 11-305: Effective 1-1-06:

860 So.2d 394. 888 So.2d 614.

Two-year-cycle revision. Amended 2.060, 2.070, 2.085, 2.160, 2.170. Amended 2.060. Amended 2.035.

885 So.2d 870. 889 So.2d 68. 907 So.2d 1138.

Amended 2.160. Amended 2.085. Amended 2.061.

915 So.2d 157.

Effective 1-1-06: Effective 2-1606: Effective 3-2-06: Effective 7-1-06: Effective 7-6-06: Effective 9-2106: Effective 9-28-

915 So.2d 145. 921 So.2d 615.

Two-year-cycle revision. Amended 2.130. Two-year-cycle revision. Amended 2.050, 2.051, 2.060, 2.071, 2.085. Amended 2.030. Adopted 2.036.

915 So.2d 157.

923 So.2d 1160. 933 So.2d 504. 933 So.2d 1136. 939 So.2d 966. 939 So.2d 1051.

Amended 2.050. Adopted 2.073(a)-(d), (f). Amended 2.035. Reorganization of rules. Adopted 2.140(g). Amended 2.235.

06: Effective 4-5-07: Effective 5-1707: Effective 11-307: Effective 1-1-08: Effective 1-1708: Effective 1-3108: Effective 4-1-08: Effective 7-1-08: Effective 10-108: Effective 1-1-09:

954 So.2d 16. 957 So.2d 1168.

Amended 2.420. Adopted 2.244.

915 So.2d 145.

Amended 2.150(b)(3) [2.320(b)(3)].

967 So.2d 178. 973 So.2d 437.

Adopted 2.256, 2.430(l) Amended 2.430.

974 So.2d 1066.

Amended 2.240.

978 So.2d 805. 933 So.2d 504. 992 So.2d 237.

Amended 2.215. Adopted 2.073(e) [2.560(e)]. Amended 2.215.

986 So.2d 560.

Effective 1-1-09: Effective 7-1609: Effective 3-1810: Effective 5-2010: Effective 7-1-10: Effective 10-110: Effective 12-910: Effective 2-2411: Effective 7-7-11: Effective 10-1-

991 So.2d 842. 13 So.3d 1044.

Three-year-cycle revision. Amended 2.130, 2.140, 2.215, 2.330. Amended 2.510. Amended 2.535.

31 So.3d 756.

Amended 2.420.

41 So.3d 881.

Amended 2.540.

41 So.3d 128. 31 So.3d 756.

Adopted 2.236. Amended 2.420(d).

51 So.3d 1151.

Amended 2.320(a)(2).

75 So.3d 1241.

Amended 2.215(b)(10)(C).

68 So.3d 228. 80 So.3d 317.

Amended 2.420(d)(1)(B)(xx). Adopted 2.425.

11: Effective 10-6- 75 So.3d 203. 11: Effective 1-1-12: 73 So.3d 210.

95 So.3d 115.

Three-year-cycle revision. Amended 2.505(f)(1), 2.510(a), (b)(2), 2.525(g), 2.530(d)(1); adopted 2.526. Amended 2.205, 2.210, 2.215, 2.220, 2.225, 2.230, 2.235, 2.244. Amended 2.425.

102 So.3d 505. 95 So.3d 96.

Amended 2.515, Adopted 2.516. Adopted 2.514.

102 So.3d 451. 119 So3d 1211.

Amended 2.430, 2.510, 2.520, 2.525, 2.535. Amended 2.205, 2.220.

124 So.3d 807. 112 So.3d 1173. 124 So.3d 819. 118 So.3d 193.

Amended 2.140. Amended 2.516. Amended 2.420. Adopted 2.451.

125 So.3d 754.

Amended 2.220.

126 So.3d 222.

Amended 2.515, 2.516, 2.525.

129 So.3d 358.

Amended 2.240, 2.241.

125 So.3d 743. 132 So.3d 1114. 148 So.3d 1171.

Amended 2.205, 2.210. Amended 2.545. Amended 2.215, 2.535.

150 So.3d 787.

Amended 2.430, 2.510.

Effective 2-9-12: 121 So.3d 1. Effective 7-1212: Effective 9-1-12 Effective 10-0112: Effective 6-2112: Effective 12-2012: Effective 2-7-13: Effective 4-4-13 Effective 5-1-13: Effective 10-113: Effective 10-3113: Effective 11-1413: Effective 11-1413: Effective 1-1-14: Effective 4-1-14: Effective 1-1515: Effective 1-15-

Amended 2.545(d)(2).

2.516,

15: Effective 1-1-15: 39 FLW S718. Effective 1-2215: Effective 4-2-15: Effective 9-1015: Effective 10-115: Effective 2-4-16: Effective 3-2416: Effective 4-1616: Effective 4-2116: Effective 12-816: Effective 4-6-17: Effective 1-1-18: Effective 1-1818: Effective 7-1-18: Effective 7-6-18: Effective 1-1-19: Effective 7-1-19: Effective 7-1119: Effective 10-319: Effective 11-719:

156 So.3d 499.

Amended 2.520. withdrawn; see below.) Amended 2.420.

(Opinion

161 So.3d 1254. 174 So.3d 991.

Amended 2.520. Adopted 2.340.

176 So.3d 267.

Amended 2.560, Adopted 2.565.

198 So.3d 592. 190 So.3d 1053.

Amended 2.425. Amended 2.535.

189 So.3d 141.

Amended 2.516 and 2.525.

190 So.3d 1080.

Amended 2.240.

206 So.3d 1.

Amended 2.560 and 2.565.

214 So.3d 623. 226 So.3d 223. 233 So.3d 1022.

Amended 2.205. Amended 2.140, 2.510, 2.516. Amended 2.420.

244 So.3d 1005. 248 So.3d 1083. 257 So.3d 66. 285 So.3d 870. 276 So.3d 257.

Amended 2.560 and 2.565. Amended 2.205. Amended 2.514, 2.516. Amended 2.420. Amended 2.230.

280 So.3d 452.

Amended 2.420.

284 So.3d 964.

Amended 2.420.

Effective 1-1-20: 285 So.3d 931. Effective 1-1-20: 288 So.3d 512.

Amended 2.240. Adopted 2.570.

Effective 3-1320: Effective 4-1-20: Effective 6-1-20: Effective 7-2-20: Effective 9-1020: Effective 1-2121: Effective 1-2121: Effective 1-2821: Effective 9-2-21: Effective 10-2821: Effective 11-1821: Effective 5-1222: Effective 7-1422: Effective 9-1-22: Effective 11-1722:

291 So.3d 899.

Amended 2.205.

45 FLW S88. 289 So.3d 1264. 302 So.3d 746. 302 So.3d 315.

Adopted 2.270 and 2.580. Amended 2.140. Amended 2.420. Amended 2.220.

320 So.3d 626.

Amended 2.420.

310 So.3d 374.

Amended 2.110, 2.265, 2.505, 2.510. Amended 2.270, 2.580.

312 So.3d 445. 327 So.3d 1198. 344 So.3d 940.

2.330,

334 So.3d 292.

Amended 2.244. Amended 2.140, 2.215, 2.240, 2.241, 2.420, 2.451, 2.514, 2.545. Adopted 2.423.

346 So.3d 1097

Amended 2.215.

346 So.3d 1105

Amended 2.256, 2.451, 2.515, 2.516, 2.530; Adopted 2.601-2603. Amended 2.240. Amended 2.420.

347 So.3d 310 47 FLW S283

NOTE TO USERS: Rules reflect all changes through 47 FLW S283. Subsequent amendments, if any, can be found at www.floridasupremecourt.org/decisions/rules.shtml. The Florida Bar also updates the rules on its website at www.FloridaBar.org (on the homepage click “Rules Updates”).

TABLE OF CONTENTS __________ PART I. GENERAL PROVISIONS RULE 2.110. SCOPE AND PURPOSE 2.120. DEFINITIONS 2.130. PRIORITY OF FLORIDA RULES OF APPELLATE PROCEDURE 2.140. AMENDING RULES OF COURT PART II. STATE COURT ADMINISTRATION 2.205. THE SUPREME COURT 2.210. DISTRICT COURTS OF APPEAL 2.215. TRIAL COURT ADMINISTRATION 2.220. CONFERENCES OF JUDGES 2.225. JUDICIAL MANAGEMENT COUNCIL 2.230. TRIAL COURT BUDGET COMMISSION 2.235. DISTRICT COURT OF APPEAL BUDGET COMMISSION 2.236. FLORIDA COURTS TECHNOLOGY COMMISSION 2.240. DETERMINATION OF NEED FOR ADDITIONAL JUDGES 2.241. DETERMINATION OF THE NECESSITY TO INCREASE, DECREASE, OR REDEFINE JUDICIAL CIRCUITS AND APPELLATE DISTRICTS 2.244. UNIFIED COMMITTEE ON JUDICIAL COMPENSATION. 2.245. CASE REPORTING SYSTEM FOR TRIAL COURTS 2.250. TIME STANDARDS FOR TRIAL AND APPELLATE COURTS

AND REPORTING REQUIREMENTS 2.255. STATEWIDE GRAND JURY 2.256. JUROR TIME MANAGEMENT 2.260. CHANGE OF VENUE 2.265. MUNICIPAL ORDINANCE VIOLATIONS 2.270. SUPREME COURT COMMITTEES ON STANDARD JURY INSTRUCTIONS PART III. JUDICIAL OFFICERS 2.310. JUDICIAL DISCIPLINE, REMOVAL, RETIREMENT, AND SUSPENSION 2.320. CONTINUING JUDICIAL EDUCATION 2.330. DISQUALIFICATION OF TRIAL JUDGES 2.340. JUDICIAL ATTIRE PART IV. JUDICIAL PROCEEDINGS AND RECORDS 2.410. POSSESSION OF COURT RECORDS 2.420. PUBLIC ACCESS TO AND PROTECTION OF JUDICIAL BRANCH RECORDS 2.423. “MARSY’S LAW” CRIME VICTIM INFORMATION WITHIN COURT FILING 2.425. MINIMIZATION INFORMATION

OF

THE

FILING

OF

SENSITIVE

2.430. RETENTION OF COURT RECORDS 2.440. RETENTION OF JUDICIAL BRANCH ADMINISTRATIVE RECORDS 2.450. TECHNOLOGICAL COVERAGE OF JUDICIAL PROCEEDINGS 2.451. USE OF ELECTRONIC DEVICES

PART V. PRACTICE OF LAW A. ATTORNEYS 2.505. ATTORNEYS 2.510. FOREIGN ATTORNEYS B. PRACTICE AND LITIGATION PROCEDURES 2.514. COMPUTING AND EXTENDING TIME 2.515. SIGNATURE AND CERTIFICATES OF ATTORNEYS AND PARTIES 2.516. SERVICE OF PLEADINGS AND DOCUMENTS 2.520. DOCUMENTS 2.525. ELECTRONIC FILING 2.526. ACCESSIBILITY OF INFORMATION AND TECHNOLOGY 2.530. COMMUNICATION TECHNOLOGY 2.535. COURT REPORTING 2.540. REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES 2.545. CASE MANAGEMENT 2.550. CALENDAR CONFLICTS 2.555. INITIATION OF CRIMINAL PROCEEDINGS 2.560. APPOINTMENT OF SPOKEN LANGUAGE COURT INTERPRETERS FOR NON-ENGLISH-SPEAKING AND LIMITEDENGLISH-PROFICIENT PERSONS 2.565. RETENTION OF SPOKEN LANGUAGE COURT INTERPRETERS FOR NON-ENGLISH-SPEAKING AND LIMITED-ENGLISHPROFICIENT PERSONS BY ATTORNEYS OR SELFREPRESENTED LITIGANTS 2.570. PARENTAL-LEAVE CONTINUANCE

2.580. STANDARD JURY INSTRUCTIONS 2.601. REQUEST TO BE EXCUSED FROM E-MAIL SERVICE BY A PARTY NOT REPRESENTED BY AN ATTORNEY 2.602. DESIGNATION OF E-MAIL ADDRESS BY A PARTY NOT REPRESENTED BY AN ATTORNEY 2.603. CHANGE OF MAILING ADDRESS OR DESIGNATED E-MAIL ADDRESS JUDICIAL BRANCH RECORDS ADMINISTRATIVE RECORDS SUBJECT INDEX

RETENTION

SCHEDULE

FOR

FLORIDA RULES OF GENERAL PRACTICE & JUDICIAL ADMINISTRATION ________ • Pt. I. » Florida Rules of General Practice & Judicial Admin, Pt. I

PART I. GENERAL PROVISIONS • Pt. I. », • Rule 2.110. » Fla. R. Gen. Prac. & Jud. Admin. 2.110

RULE 2.110. SCOPE AND PURPOSE. These rules, cited as “Florida Rules of General Practice and Judicial Administration” and abbreviated as “Fla. R. Gen. Prac. & Jud. Admin.,” have been in effect since 12:01 a.m. on July 1, 1979. They shall apply to administrative matters in all courts to which the rules are applicable by their terms. The rules shall be construed to secure the speedy and inexpensive determination of every proceeding to which they are applicable. These rules shall supersede all conflicting rules and statutes.

• Pt. I. », « Rule 2.120. » Fla. R. Gen. Prac. & Jud. Admin. 2.120

RULE 2.120. DEFINITIONS. The following terms have the meanings shown as used in these rules: (a) Court Rule: A rule of practice or procedure adopted to facilitate the uniform conduct of litigation applicable to all proceedings, all parties, and all attorneys. (b) Local Court Rule: (1) A rule of practice or procedure for circuit or county application only that, because of local conditions, supplies an omission in or facilitates application of a rule of statewide application and does not conflict therewith. (2) A rule that addresses other matters that are required by the Florida Constitution, general law, rules of court, or a supreme court opinion to be adopted by or in a local rule. (c) Administrative Order: A directive necessary to administer properly the court’s affairs but not inconsistent with the constitution or with court rules and administrative orders entered by the supreme court.

• Pt. I. », « Rule 2.130. » Fla. R. Gen. Prac. & Jud. Admin. 2.130

RULE 2.130. PRIORITY OF FLORIDA RULES OF APPELLATE PROCEDURE. The Florida Rules of Appellate Procedure shall control all proceedings in the supreme court and the district courts, and all proceedings in which the circuit courts exercise their appellate jurisdiction, notwithstanding any conflicting rules of procedure.

• Pt. I. », « Rule 2.140. • Fla. R. Gen. Prac. & Jud. Admin. 2.140

RULE 2.140. AMENDING RULES OF COURT. (a) Amendments Generally. The following procedure shall be followed for consideration of rule amendments generally other than those adopted under subdivisions (d), (e), (f), and (g): (1) Suggestions for court rules, amendments to them, or abrogation of them may be made by any person. (2) Rules suggestions shall be submitted to the clerk of the supreme court, the committee chair(s) of a Florida Bar committee listed in subdivision (a)(3), or the Bar staff liaison of The Florida Bar in writing and shall include a general description of the proposed rule change or a specified proposed change in content. The clerk of the supreme court shall refer proposals to the appropriate committee under subdivision (a)(3). (3) The Florida Bar shall appoint the following committees to consider rule proposals: Civil Procedure Rules Committee, Criminal Procedure Rules Committee, Small Claims Rules Committee, Traffic Court Rules Committee, Appellate Court Rules Committee, Juvenile Court Rules Committee, Code and Rules of Evidence Committee, Rules of General Practice and Judicial Administration Committee, Probate Rules Committee, and Family Law Rules Committee. (4) Each committee shall be composed of attorneys and judges with extensive experience and training in the committee’s area of concentration. Members of the Rules of General Practice and Judicial Administration Committee shall also have previous rules committee experience or substantial experience in the administration of the Florida court system. The chair of each rules committee shall appoint one of its members to the Rules of General Practice and Judicial Administration Committee to serve as a regular member of the Rules of General Practice and Judicial Administration Committee to facilitate and implement routine periodic reporting by and to the Rules of General Practice and Judicial Administration Committee on the development and progress of rule proposals under consideration and their potential impact on other existing or proposed rules. The members of each rules committee shall serve for 3-

year staggered terms, except members appointed by a rules committee chair to the Rules of General Practice and Judicial Administration Committee who shall serve at the pleasure of the respective rules committee chairs. The president-elect of The Florida Bar shall appoint sitting members of each rules committee to serve as chair(s) and vice chair(s) for each successive year. (5) The rules committees may originate proposals and shall regularly review and reevaluate the rules to advance orderly and inexpensive procedures for the administration of justice. The committees shall consider and vote on each proposal. The rules committees may accept or reject proposed amendments or may amend proposals. The rules committees shall prepare meeting agendas and minutes reflecting the status of rules proposals under consideration and actions taken. Copies of the minutes shall be furnished to the clerk of the supreme court, to the board of governors of The Florida Bar, and to the proponent of any proposal considered at the meeting. Each rules committee shall furnish promptly and timely to every other rules committee all meeting agendas and all minutes or other record of action taken. (6) The Rules of General Practice and Judicial Administration Committee shall serve as the central rules coordinating committee. All committees shall provide a copy of any proposed rules changes to the Rules of General Practice and Judicial Administration Committee within 30 days of a committee’s affirmative vote to recommend the proposed change to the supreme court. The Rules of General Practice and Judicial Administration Committee shall then refer all proposed rules changes to those rules committees that might be affected by the proposed change. (7) Whenever the Rules of General Practice and Judicial Administration Committee receives a request to coordinate the submission of a single comprehensive report of proposed rule amendments on behalf of multiple rules committees, the general procedure shall be as follows: (A) The subcommittee chairs handling the matter for each committee will constitute an ad hoc committee to discuss the various committees’ recommendations and to formulate time frames for the joint response. The chair of the ad hoc committee will be the assigned Rules of General Practice and Judicial Administration Committee subcommittee chair.

(B) At the conclusion of the work of the ad hoc committee, a proposed joint response will be prepared by the ad hoc committee and distributed to the committee chairs for each committee’s review and final comments. (C) The Rules of General Practice and Judicial Administration Committee shall be responsible for filing the comprehensive final report. (b) Rules Proposals. (1) Each rules committee may report proposed rule changes to the supreme court whenever the committee determines rule changes are needed. (2) Before filing a report of proposed rule changes with the supreme court, the committee report shall be furnished to the Speaker of the Florida House of Representatives, the President of the Florida Senate, and the chairs of the House and Senate committees as designated by the Speaker and the President, and published on the website of The Florida Bar, and in The Florida Bar News. Any person desiring to comment upon proposed rule changes shall submit written comments to the appropriate committee chair(s) as provided in the notice. The committee shall consider any comments submitted. Any changes made shall be furnished to the Speaker of the Florida House of Representatives, the President of the Florida Senate, and the chairs of the House and Senate committees as designated by the Speaker and the President, and published on the website of The Florida Bar and in The Florida Bar News. Any person desiring to comment thereafter shall submit written comments to the supreme court in accordance with subdivision (b)(6). (3) After review of comments received and prior to the filing of a report by a committee, the board of governors shall consider the proposals and shall vote on each proposal to recommend acceptance, rejection, or amendment. (4) The committee and the executive director of The Florida Bar shall file the report of the proposed rule changes with the supreme court. The committee may amend its recommendations to coincide with the recommendations of the board of governors or may decline to do so or may amend its recommendations in another manner. Any such amendments

also shall be reported to the supreme court. The report and proposed rule changes must conform to the Guidelines for Rules Submissions approved by administrative order and posted on the websites of the supreme court and The Florida Bar. Consistent with the requirements that are fully set forth in the Guidelines, the report shall include: (A) a list of the proposed changes, together with a detailed explanation of each proposal that includes a narrative description of how each amendment changes the language of the rule and a thorough discussion of the reason for each change; (B) the final numerical voting record of the proposals in the committee; (C) the name and address of the proponent of each change, if other than a member of the rules committee; (D) a report of the action taken by the committee on comments submitted in accordance with subdivision (b)(2); (E) a report of the action and voting record of the board of governors; (F) any dissenting views of the committee and, if available, of the board; and (G) an appendix containing all comments submitted to the committee, all relevant background documents, the proposed amendments in legislative format, and a two-column chart setting forth the proposed changes in legislative format in the left column and a brief summary of the explanation of each change given in the report in the right column. The report and the proposed rule changes shall be filed with the supreme court in an electronic format approved by the supreme court. (5) If oral argument is deemed necessary, the supreme court shall establish a date for oral argument on the proposals. Notice of the oral argument on the proposals and a copy of the proposals shall be furnished to the affected committee chair(s) and vice chair(s), the executive director and staff liaison of The Florida Bar, all members of the Judicial Management Council, the clerk and chief judge of each district court of appeal, the clerk and chief judge of each judicial circuit, the Speaker of the Florida House of Representatives, the President of the Florida Senate, the

chairs of the House and Senate committees as designated by the Speaker and the President, and any person who has asked in writing filed with the clerk of the supreme court for a copy of the notice. The clerk may provide the notice electronically. The recommendations or a resume of them shall be published on the websites of the supreme court and The Florida Bar and in The Florida Bar News before the oral argument or consideration of the proposals without oral argument. Notice of the oral argument, if scheduled, shall also be published on the website of the supreme court. (6) Within the time allowed for comments set by the supreme court, any person may file comments concerning the proposals. All comments and other submissions by interested persons shall be filed with the clerk of the supreme court and served on the chair(s) of the appropriate rules committee, the Bar staff liaison, and on the proponent of the rule change if other than a member of the rules committee. The chair(s) of the rules committee and the executive director of The Florida Bar shall file a response to all comments within the time period set by the court. All comments and other submissions regarding the rule change proposals shall be filed in an approved electronic format with the supreme court. As soon as practicable after the date of filing, the clerk of the supreme court shall publish on the website of the supreme court all comments and the responses of the chair(s) of the rules committee that have been filed concerning the proposals. All requests or submissions by a rules committee made in connection with a pending rule change proposal shall be filed with the clerk of the supreme court and thereafter published by the clerk of the supreme court on the websites of the supreme court and The Florida Bar. (7) Rules changes adopted by the court shall be made effective either July 1 of the year of their adoption or January 1 of the year following their adoption or on such other date as may be requested by the committee or set by the court. The supreme court may permit motions for rehearing to be filed on behalf of any person who filed a comment, The Florida Bar, any bar association, and the affected committee. (c) Rejected Proposals. If a committee rejects a proposal, the proponent may submit the proposed rule to the board of governors and shall notify the chair(s) and vice chair(s) of the affected committee of the submission of the proposed rule to the board of governors. Minority reports of committees are allowed and may be submitted to both the board of governors and the

supreme court. (d) Amendments by Court. The supreme court, with or without notice, may change court rules, on its own motion, at any time without reference to a rules committee for recommendations. The rule changes must conform to the Rules Style Guide contained in the Guidelines for Rules Submissions approved by administrative order and posted on the websites of the supreme court and The Florida Bar. The change may become effective immediately or at a future time. In either event, the court shall give notice of and fix a date for further consideration of the change. Any person may file comments concerning the change, seeking its abrogation or a delay in the effective date, in accordance with the procedures set forth in subdivision (b)(6). The court may allow oral argument on the proposal or change. Notice of the oral argument, if scheduled, on the change and a copy of the change shall be furnished to the affected committee chair(s) and vice chair(s), the executive director and staff liaison of The Florida Bar, all members of the Judicial Management Council, the clerk and chief judge of each district court of appeal, the clerk and chief judge of each judicial circuit, the Speaker of the Florida House of Representatives, the President of the Florida Senate, the chairs of the House and Senate committees as designated by the Speaker and the President, and any person who has asked in writing filed with the clerk of the supreme court for a copy of the notice. The clerk may provide the notice electronically. Notice of the change shall be published on the websites of the supreme court and The Florida Bar, and in The Florida Bar News either before or after the change is adopted. Notice of the oral argument, if scheduled, shall also be published on the website of the supreme court. (e) Expedited Proposals and Proposals in Response to Legislative Changes by Rules Committees. If, in the opinion of a committee, a proposal warrants expedited consideration or a rule amendment is necessary due to changes in legislation, and the board of governors concurs, proposals may be made to the supreme court using the committee’s fast-track procedures. The report and proposed rule changes may be filed without prior publication for comment and must conform to the Guidelines for Rules Submissions approved by administrative order and posted on the websites of the supreme court and The Florida Bar. The rules committees’ fast-track procedures shall be used to address legislative changes to ensure that ordinarily any resulting proposed rule amendments can be adopted by the court before the effective

date of the legislation. If the court agrees that a proposal warrants expedited consideration or a rule change is necessary due to a legislative change, the court may publish the rule amendment for comment after adopting it or may set a time for oral argument or for consideration of the proposal without oral argument. Notice of the oral argument on the proposals, if scheduled before or after adoption, and a copy of the proposals shall be furnished to the affected committee chair(s) and vice chair(s), the executive director and the staff liaison of The Florida Bar, all members of the Judicial Management Council, the clerk and chief judge of each district court of appeal, the clerk and chief judge of each judicial circuit, the Speaker of the Florida House of Representatives, the President of the Florida Senate, the chairs of the House and Senate committees as designated by the Speaker and the President, and any person who has asked in writing filed with the clerk of the supreme court for a copy of the notice. The clerk may provide the notice electronically. Prior to or after their adoption, the recommendations or a resume of them shall be published on the websites of the supreme court and The Florida Bar, and in The Florida Bar News. Any person may file comments concerning the changes, in accordance with the procedures set forth in subdivision (b)(6). Notice of the oral argument, if scheduled, shall also be published on the website of the supreme court. (f) Request by Court. The supreme court may refer a specific rules proposal or issue to a rules committee for consideration and may require the committee to report its recommendation with the recommendations of the board of governors. All requests or submissions by a rules committee made in connection with a request under this subdivision shall be filed with or submitted to the clerk of the supreme court as provided in this subdivision. (1) Recommended Rule Changes. A rule change recommended in response to a request under this subdivision shall be reported to the supreme court in accordance with subdivision (b), unless the court directs or the committee determines and the board of governors agrees that a proposed rule change warrants expedited consideration. If a recommended change warrants expedited consideration, the subdivision (e) procedures shall apply. A report filed under this subdivision shall state that it is filed in response to a request by the court under this subdivision. (2) No Action Recommendations. If the court refers a matter to a rules committee for consideration only and does not direct the committee to

propose a rule change, and after considering the matter referred the committee determines that no rule change is warranted, the committee shall submit a “no action report” to the court explaining its recommendation that no rule change is needed. A no action recommendation should not be included in a report proposing rule changes filed under any other subdivision of this rule. After the court considers the recommendation, the clerk shall notify the rules committee chair(s) and the executive director and the staff liaison of The Florida Bar whether any further action is required of the committee. (g) Amendments to the Rules of General Practice and Judicial Administration. (1) Amendments Without Referral to Rules Committee. Changes to the Rules of General Practice and Judicial Administration contained in Part II, State Court Administration, of these rules, and rules 2.310, and 2.320, contained in Part III, Judicial Officers, generally will be considered and adopted by the supreme court without reference to or proposal from the Rules of General Practice and Judicial Administration Committee. The supreme court may amend rules under this subdivision at any time, with or without notice. If a change is made without notice, the court shall fix a date for future consideration of the change and the change shall be published on the websites of the supreme court and The Florida Bar, and in The Florida Bar News. Any person may file comments concerning the change, in accordance with the procedures set forth in subdivision (b)(6). The court may hear oral argument on the change. Notice of the oral argument on the change, if scheduled, and a copy of the change shall be provided in accordance with subdivision (d). (2) Other Amendments. Amendments to all other Rules of General Practice and Judicial Administration shall be referred to or proposed by the Rules of General Practice and Judicial Administration Committee and adopted by the supreme court as provided in subdivisions (a), (b), (c), (d), (e), and (f). (h) Local Rules Proposed by Trial Courts. The foregoing procedure shall not apply to local rules proposed by a majority of circuit and county judges in the circuit. The chief justice of the supreme court may appoint a Local Rule Advisory Committee to consider and make recommendations to

the court concerning local rules and administrative orders submitted pursuant to rule 2.215(e). COMMITTEE NOTES 1980 Amendment. Rule 2.130 [renumbered as 2.140 in 2006] is entirely rewritten to codify the procedures for changes to all Florida rules of procedure as set forth by this court in In re Rules of Court: Procedure for Consideration of Proposals Concerning Practice and Procedure, 276 So.2d 467 (Fla.1972), and to update those procedures based on current practice. The Supreme Court Rules Advisory Committee has been abolished, and the Local Rules Advisory Committee has been established.

« Pt. II. » Florida Rules of General Practice & Judicial Admin, Pt. II

PART II. STATE COURT ADMINISTRATION « Pt. II. », • Rule 2.205. » Fla. R. Gen. Prac. & Jud. Admin. 2.205

RULE 2.205. THE SUPREME COURT. (a) Internal Government. (1) Exercise of Powers and Jurisdiction. (A) The supreme court shall exercise its powers, including establishing policy for the judicial branch, and jurisdiction en banc. Five justices shall constitute a quorum and the concurrence of 4 shall be necessary to a decision. In cases requiring only a panel of 5, if 4 of the 5 justices who consider the case do not concur, it shall be submitted to the other 2 justices. (B) Consistent with the authority of the supreme court to establish policy, including recommending state budget and compensation priorities for the judicial branch, no judge, supreme court created committee, commission, task force, or similar group, and no conference (Conference of District Court of Appeal Judges, Conference of Circuit Court Judges, Conference of County Court Judges) is permitted to recommend to any legislative or executive branch entity state budget priorities, including compensation and benefits that have not been approved by the supreme court, or any policy inconsistent with a policy position adopted by the supreme court. This subdivision is not intended to apply to judges expressing their personal views who affirmatively state that they are not speaking on behalf of the judicial branch. No resources of any judicial branch entity may be used to facilitate or support the expression of such personal views. (C) Newly created judicial branch commissions, committees, task forces, work groups, and similar study or advisory groups must be established by the supreme court, not solely by the chief justice. Such study or advisory groups may be created and charged by rule adopted by the court, or by administrative order issued by the chief justice in accordance with court action. Members of such groups shall be appointed by administrative order of the chief justice, after consultation

with the court. When practicable, ad hoc committees and other ad hoc study or advisory groups, which should be used to address specific problems, shall be established under the umbrella of an existing committee or commission, which should be used to address long-term problems. (2) Chief Justice. (A) The chief justice shall be chosen by majority vote of the justices for a term of 2 years commencing on July 1, 2012. The selection of the chief justice should be based on managerial, administrative, and leadership abilities, without regard to seniority only. A chief justice may serve successive terms limited to a total of 8 years. The chief justice may be removed by a vote of 4 justices. If a vacancy occurs, a successor shall be chosen promptly to serve the balance of the unexpired term. (B) The chief justice shall be the administrative officer of the judicial branch and of the supreme court and shall be responsible for the dispatch of the business of the branch and of the court and direct the implementation of policies and priorities as determined by the supreme court for the operation of the branch and of the court. The administrative powers and duties of the chief justice shall include, but not be limited to: (i) the responsibility to serve as the primary spokesperson for the judicial branch regarding policies and practices that have statewide impact including, but not limited to, the judicial branch’s management, operation, strategic plan, legislative agenda and budget priorities; (ii) the power to act on requests for stays during the pendency of proceedings, to order the consolidation of cases, to determine all procedural motions and petitions relating to the time for filing and size of briefs and other papers provided for under the rules of this court, to advance or continue cases, and to rule on other procedural matters relating to any proceeding or process in the court; (iii) the power to assign active or retired county, circuit, or appellate judges or justices to judicial service in this state, in accordance with subdivisions (a)(3) and (a)(4) of this rule; (iv) the power, upon request of the chief judge of any circuit or

district, or sua sponte, in the event of natural disaster, civil disobedience, or other emergency situation requiring the closure of courts or other circumstances inhibiting the ability of litigants to comply with deadlines imposed by rules of procedure applicable in the courts of this state, to enter such order or orders as may be appropriate to suspend, toll, or otherwise grant relief from time deadlines imposed by otherwise applicable statutes and rules of procedure for such period as may be appropriate, including, without limitation, those affecting speedy trial procedures in criminal and juvenile proceedings, all civil process and proceedings, and all appellate time limitations; (v) the power, upon request of the chief judge of any circuit or district, or sua sponte, in the event of a public health emergency that requires mitigation of the effects of the emergency on the courts and court participants, to enter such order or orders as may be appropriate: to suspend, extend, toll, or otherwise change time deadlines or standards, including, without limitation, those affecting speedy trial procedures in criminal and juvenile proceedings; suspend the application of or modify other requirements or limitations imposed by rules of procedure, court orders, and opinions, including, without limitation, those governing the use of communication equipment and proceedings conducted by remote electronic means; and authorize temporary implementation of procedures and other measures, including, without limitation, the suspension or continuation of civil and criminal jury trials and grand jury proceedings, which procedures or measures may be inconsistent with applicable requirements, to address the emergency situation or public necessity. (vi) the authority to directly inform all judges on a regular basis by any means, including, but not limited to, email on the state of the judiciary, the state of the budget, issues of importance, priorities and other matters of statewide interest; furthermore, the chief justice shall routinely communicate with the chief judges and leaders of the district courts, circuit and county court conferences by the appropriate means; (vii) the responsibility to exercise reasonable efforts to promote and encourage diversity in the administration of justice; and

(viii) the power to perform such other administrative duties as may be required and which are not otherwise provided for by law or rule. (C) The chief justice shall be notified by all justices of any contemplated absences from the court and the reasons therefor. When the chief justice is to be temporarily absent, the chief justice shall select the justice longest in continuous service as acting chief justice. (D) If the chief justice dies, retires, or is unable to perform the duties of the office, the justice longest in continuous service shall perform the duties during the period of incapacity or until a successor chief justice is elected. (E) The chief justice shall meet on a regular basis with the chief judges of the district courts and the chief judges of the circuit courts to discuss and provide feedback for implementation of policies and practices that have statewide impact including, but not limited to, the judicial branch’s management, operation, strategic plan, legislative agenda and budget priorities. Such meetings shall, if practicable, occur at least quarterly and be conducted in-person. At the discretion of the chief justice, any of these meetings may be combined with other judicial branch and leadership meetings and, where practicable include the justices of the supreme court. (3) Administration. (A) The chief justice may, either upon request or when otherwise necessary for the prompt dispatch of business in the courts of this state, temporarily assign justices of the supreme court, judges of district courts of appeal, circuit judges, and judges of county courts to any court for which they are qualified to serve. Any consenting retired justice or judge may be assigned to judicial service and receive compensation as provided by law. (B) For the purpose of judicial administration, a “retired judge” is defined as a judge not engaged in the practice of law who has been a judicial officer of this state. A retired judge shall comply with all requirements that the supreme court deems necessary relating to the recall of retired judges. (C) When a judge who is eligible to draw retirement compensation

has entered the private practice of law, the judge may be eligible for recall to judicial service upon cessation of the private practice of law and approval of the judge’s application to the court. The application shall state the period of time the judge has not engaged in the practice of law, and must be approved by the court before the judge shall be eligible for recall to judicial service. (D) A “senior judge” is a retired judge who is eligible to serve on assignment to temporary judicial duty. (4) Assignments of Justices and Judges. (A) When a justice of the supreme court is unable to perform the duties of office, or when necessary for the prompt dispatch of the business of the court, the chief justice may assign to the court any judge who is qualified to serve, for such time as the chief justice may direct. However, no retired justice who is eligible to serve on assignment to temporary judicial duty or other judge who is qualified to serve may be assigned to the supreme court, or continue in such assignment, after 7 sitting duly sworn justices are available and able to perform the duties of office. (B) When a judge of any district court of appeal is unable to perform the duties of office, or when necessary for the prompt dispatch of the business of the court, the chief judge shall advise the chief justice and the chief justice may assign to the court any judge who is qualified to serve, for such time or such proceedings as the chief justice may direct. (C) When any circuit or county judge is unable to perform the duties of office, or when necessary for the prompt dispatch of the business of the court, the chief judge of the circuit may assign any judge in the circuit to temporary service for which the judge is qualified, in accordance with rule 2.215. If the chief judge deems it necessary, the chief judge may request the chief justice to assign a judge to the court for such time or such proceedings as the chief justice may direct. (b) Clerk. (1) Appointment. The supreme court shall appoint a clerk who shall hold office at the pleasure of the court and perform such duties as the court directs. The clerk’s compensation shall be fixed by law. The clerk’s office

shall be in the supreme court building. The clerk shall devote full time to the duties of the office and shall not engage in the practice of law while in office. (2) Custody of Records, Files, and Seal. All court records and the seal of the court shall be kept in the office and the custody of the clerk. The clerk shall not allow any court record to be taken from the clerk’s office or the courtroom, except by a justice of the court or upon the order of the court. (3) Records of Proceedings. The clerk shall keep such records as the court may from time to time order or direct. The clerk shall keep a docket or equivalent electronic record of all cases that are brought for review to, or that originate in, the court. Each case shall be numbered in the order in which the notice, petition, or other initial pleading originating the cause is filed in the court. (4) Filing Fee. In all cases filed in the court, the clerk shall require the payment of a fee as provided by law when the notice, petition, or other initial pleading is filed. The payment shall not be exacted in advance in appeals in which a party has been adjudicated insolvent for the purpose of an appeal or in appeals in which the state is the real party in interest as the moving party. The payment of the fee shall not be required in habeas corpus proceedings, or appeals therefrom, arising out of or in connection with criminal actions. (5) Issuance and Recall of Mandate; Recordation and Notification. The clerk shall issue such mandates or process as may be directed by the court. If, within 120 days after a mandate has been issued, the court directs that a mandate be recalled, then the clerk shall recall the mandate. Upon the issuance or recall of any mandate, the clerk shall record the issuance or recall in a book or equivalent electronic record kept for that purpose, in which the date of issuance or date of recall and the manner of transmittal of the process shall be noted. In proceedings in which no mandate is issued, upon final adjudication of the pending cause the clerk shall transmit to the party affected thereby a copy of the court’s order or judgment. The clerk shall notify the attorneys of record of the issuance of any mandate, the recall of any mandate, or the rendition of any final judgment. The clerk shall furnish without charge to all attorneys of record in any cause a copy

of any order or written opinion rendered in such action. (6) Return of Original Papers. Upon the conclusion of any proceeding in the supreme court, the clerk shall return to the clerk of the lower court the original papers or files transmitted to the court for use in the cause. (c) Librarian. (1) Appointment. The supreme court shall appoint a librarian of the supreme court and such assistants as may be necessary. The supreme court library shall be in the custody of the librarian, but under the exclusive control of the court. The library shall be open to members of the bar of the supreme court, to members of the legislature, to law officers of the executive or other departments of the state, and to such other persons as may be allowed to use the library by special permission of the court. (2) Library Hours. The library shall be open during such times as the reasonable needs of the bar require and shall be governed by regulations made by the librarian with the approval of the court. (3) Books. Books shall not be removed from the library except for use by, or upon order of, any justice. (d) Marshal. (1) Appointment. The supreme court shall appoint a marshal who shall hold office at the pleasure of the court and perform such duties as the court directs. The marshal’s compensation shall be fixed by law. (2) Duties. The marshal shall have power to execute process of the court throughout the state and such other powers as may be conferred by law. The marshal may deputize the sheriff or a deputy sheriff in any county to execute process of the court and shall perform such clerical or ministerial duties as the court may direct or as required by law. Subject to the direction of the court, the marshal shall be custodian of the supreme court building and grounds. (e) State Courts Administrator. (1) Appointment. The supreme court shall appoint a state courts administrator who shall serve at the pleasure of the court and perform such duties as the court directs. The state courts administrator’s compensation shall be fixed by law.

(2) Duties. The state courts administrator shall supervise the administrative office of the Florida courts, which shall be maintained at such place as directed by the supreme court; shall employ such other personnel as the court deems necessary to aid in the administration of the state courts system; shall represent the state courts system before the legislature and other bodies with respect to matters affecting the state courts system and functions related to and serving the system; shall supervise the preparation and submission to the supreme court, for review and approval, of a tentative budget request for the state courts system and shall appear before the legislature in accordance with the court’s directions in support of the final budget request on behalf of the system; shall inform the judiciary of the state courts system’s final budget request and any proposed substantive law changes approved by the supreme court; shall assist in the preparation of educational and training materials for the state courts system and related personnel, and shall coordinate or assist in the conduct of educational and training sessions for such personnel; shall assist all courts in the development of improvements in the system, and submit to the chief justice and the court appropriate recommendations to improve the state courts system; and shall collect and compile uniform financial and other statistical data or information reflective of the cost, workloads, business, and other functions related to the state courts system. The state courts administrator is the custodian of all records in the administrator’s office. (f) Open Sessions. All sessions of the court shall be open to the public, except proceedings designated as confidential by the court and conference sessions held for the discussion and consideration of pending cases, for the formulation of opinions by the court, and for the discussion or resolution of other matters related to the administration of the state courts system. (g) Designation of Assigned Judges. When any judge of another court is assigned for temporary service on the supreme court, that judge shall be designated, as author or participant, by name and initials followed by the words “Associate Justice.”

« Pt. II. », « Rule 2.210. » Fla. R. Gen. Prac. & Jud. Admin. 2.210

RULE 2.210. DISTRICT COURTS OF APPEAL. (a) Internal Government. (1) Exercise of Powers and Jurisdiction. Three judges shall constitute a panel for and shall consider each case, and the concurrence of a majority of the panel shall be necessary to a decision. (2) Chief Judge. (A) The selection of a chief judge should be based on managerial, administrative, and leadership abilities, without regard to seniority only. (B) The chief judge shall be the administrative officer of the court, and shall, consistent with branch-wide policies, direct the formation and implementation of policies and priorities for the operation of the court. The chief judge shall exercise administrative supervision over all judges and court personnel. The chief judge shall be responsible to the chief justice of the supreme court. The chief judge may enter and sign administrative orders. The administrative powers and duties of the chief judge include, but are not limited to, the power to order consolidation of cases, and to assign cases to the judges for the preparation of opinions, orders, or judgments. The chief judge shall have the authority to require all judges of the court, court officers and court personnel, to comply with all court and judicial branch policies, administrative orders, procedures, and administrative plans. (C) The chief judge shall maintain liaison in all judicial administrative matters with the chief justice of the supreme court, and shall, considering available resources, ensure the efficient and proper administration of the court. The chief judge shall develop an administrative plan that shall include an administrative organization capable of effecting the prompt disposition of cases, the assignment of judges, other court officers, and court personnel, and the control of dockets. The administrative plan shall include a consideration of the statistical data developed by the case reporting system. (D) All judges shall inform the chief judge of any contemplated

absences that will affect the progress of the court’s business. If a judge is temporarily absent, is disqualified in an action, or is unable to perform the duties of the office, the chief judge or the chief judge’s designee may assign a matter pending before the judge to any other judge or any additional assigned judge of the same court. If it appears to the chief judge that the speedy, efficient, and proper administration of justice so requires, the chief judge shall request the chief justice of the supreme court to assign temporarily an additional judge or judges from outside the court to duty in the court requiring assistance, and shall advise the chief justice whether or not the approval of the chief judge of the court from which the assignment is to be made has been obtained. The assigned judges shall be subject to administrative supervision of the chief judge for all purposes of this rule. Nothing in this rule shall restrict the constitutional powers of the chief justice of the supreme court to make such assignments as the chief justice shall deem appropriate. (E) The chief judge shall regulate the use of all court facilities, regularly examine the dockets of the courts under the chief judge’s administrative supervision, and require a report on the status of the matters on the docket. The chief judge may take such action as may be necessary to cause the docket to be made current. (F) The chief judge shall be chosen by a majority of the active judges of the court for a term commencing on July 1 of each odd-numbered year, and shall serve for a term of 2 years. A chief judge may serve for successive terms but in no event shall the total term as chief judge exceed 8 years. In the event of a vacancy, a successor shall be chosen promptly to serve the balance of the unexpired term. If the chief judge is unable to discharge these duties, the judge longest in continuous service or, as between judges with equal continuous service, the one having the longest unexpired term and able to do so, shall perform the duties of chief judge pending the chief judge’s return to duty. Judges shall notify the chief judge of any contemplated absence from the court and the reasons therefor. A chief judge may be removed as chief judge by the supreme court, acting as the administrative supervisory body of all courts, or by a two-thirds vote of the active judges. (G) The failure of any judge to comply with an order or directive of the chief judge shall be considered neglect of duty and may be reported

by the chief judge to the chief justice of the supreme court who shall have the authority to take such corrective action as may be appropriate. The chief judge may report the neglect of duty by a judge to the Judicial Qualifications Commission or other appropriate person or body, or take such other corrective action as may be appropriate. (H) At the call of the chief justice, the chief judges of the circuit court and district courts of appeal shall meet on a regular basis and with each other and with the chief justice to discuss and provide feedback for implementation of policies and practices that have statewide impact including, but not limited to, the judicial branch’s management, operation, strategic plan, legislative agenda and budget priorities. Such meetings shall, if practicable, occur at least quarterly and be conducted in person. At the discretion of the chief justice, any of these meetings may be combined with other judicial branch and leadership meetings. (I) The chief judge shall have the responsibility to exercise reasonable efforts to promote and encourage diversity in the administration of justice. (b) Clerk. (1) Appointment. The court shall appoint a clerk who shall hold office at the pleasure of the court and perform such duties as the court directs. The clerk’s compensation shall be fixed by law. The clerk’s office shall be in the headquarters of the court. The clerk’s time shall be devoted to the duties of the office and the clerk shall not engage in the private practice of law while serving as clerk. All court records and the seal of the court shall be kept in the office and the custody of the clerk. The clerk shall not allow any court record to be taken from the clerk’s office or the courtroom, except by a judge of the court or upon order of the court. (2) Records of Proceedings. The clerk shall keep such records as the court may from time to time order or direct. The clerk shall keep a docket or equivalent electronic record of all cases that are brought for review to, or that originate in, the court. Each case shall be numbered in the order that the notice, petition, other initial pleading originating the proceeding is filed in the court. (3) Filing Fee. In all cases filed in the court, the clerk shall require the

payment of a fee as provided by law at the time the notice, petition, or other initial pleading is filed. The payment shall not be exacted in advance in appeals in which a party has been adjudicated insolvent for the purpose of an appeal or in appeals in which the state is the real party in interest as the moving party. The payment of the fee shall not be required in habeas corpus proceedings or appeals therefrom. (4) Issuance and Recall of Mandate; Recordation and Notification. The clerk shall issue such mandates or process as may be directed by the court. If, within 120 days after a mandate has been issued, the court directs that a mandate be recalled, then the clerk shall recall the mandate. If the court directs that a mandate record shall be maintained, then upon the issuance or recall of any mandate the clerk shall record the issuance or recall in a book or equivalent electronic record kept for that purpose, in which shall be noted the date of issuance or the date of recall and the manner of transmittal of the process. In proceedings in which no mandate is issued, upon final adjudication of the pending cause the clerk shall transmit to the party affected thereby a copy of the court’s order or judgment. The clerk shall notify the attorneys of record of the issuance of any mandate, the recall of any mandate, or the rendition of any final judgment. The clerk shall furnish without charge to all attorneys of record in any cause a copy of any order or written opinion rendered in such action. (5) Return of Original Papers. The clerk shall retain all original papers, files, and exhibits transmitted to the court for a period of not less than 30 days after rendition of the opinion or order denying any motion pursuant to Florida Rule of Appellate Procedure 9.330, whichever is later. If no discretionary review proceeding or appeal has been timely commenced in the supreme court to review the court’s decision within 30 days, the clerk shall transmit to the clerk of the trial court the original papers, files, and exhibits. If a discretionary review proceeding or appeal has been timely commenced in the supreme court to review the court’s decision, the original papers, files, and exhibits shall be retained by the clerk until transmitted to the supreme court or, if not so transmitted, until final disposition by the supreme court and final disposition by the court pursuant to the mandate issued by the supreme court. (c) Marshal.

(1) Appointment. The court shall appoint a marshal who shall hold office at the pleasure of the court and perform such duties as the court directs. The marshal’s compensation shall be fixed by law. (2) Duties. The marshal shall have power to execute process of the court throughout the district, and in any county therein may deputize the sheriff or a deputy sheriff for such purpose. The marshal shall perform such clerical or ministerial duties as the court may direct or as are required by law. The marshal shall be custodian of the headquarters occupied by the court, whether the headquarters is an entire building or a part of a building. (d) Open Sessions. All sessions of the court shall be open to the public, except conference sessions held for the discussion and consideration of pending cases, for the formulation of opinions by the court, and for the discussion or resolution of other matters related to the administration of the court. (e) Designation of Assigned Judges. When any justice or judge of another court is assigned for temporary service on a district court of appeal, that justice or judge shall be designated, as author or participant, by name and initials followed by the words “Associate Judge.”

« Pt. II. », « Rule 2.215. » Fla. R. Gen. Prac. & Jud. Admin. 2.215

RULE 2.215. TRIAL COURT ADMINISTRATION. (a) Purpose. The purpose of this rule is to fix administrative responsibility in the chief judges of the circuit courts and the other judges that the chief judges may designate. When these rules refer to the court, they shall be construed to apply to a judge of the court when the context requires or permits. (b) Chief Judge. (1) The chief judge shall be a circuit judge who possesses managerial, administrative, and leadership abilities, and shall be selected without regard to seniority only. (2) The chief judge shall be the administrative officer of the courts within the circuit and shall, consistent with branch-wide policies, direct the formation and implementation of policies and priorities for the operation of all courts and officers within the circuit. The chief judge shall exercise administrative supervision over all judges and court personnel within the judicial circuit. The chief judge shall be responsible to the chief justice of the supreme court. The chief judge may enter and sign administrative orders, except as otherwise provided by this rule. The chief judge shall have the authority to require that all judges of the court, other court officers, and court personnel comply with all court and judicial branch policies, administrative orders, procedures and administrative plans. (3) The chief judge shall maintain liaison in all judicial administrative matters with the chief justice of the supreme court, and shall, considering available resources, ensure the efficient and proper administration of all courts within that circuit. The chief judge shall develop an administrative plan that shall be filed with the supreme court and shall include an administrative organization capable of effecting the prompt disposition of cases; assignment of judges, other court officers, and all other court personnel; control of dockets; regulation and use of courtrooms; and mandatory periodic review of the status of the inmates of the county jail. The plan shall be compatible with the development of the capabilities of the judges in such a manner that each judge will be qualified to serve in

any division, thereby creating a judicial pool from which judges may be assigned to various courts throughout the state. The administrative plan shall include a consideration of the statistical data developed by the case reporting system. Questions concerning the administration or management of the courts of the circuit shall be directed to the chief justice of the supreme court through the state courts administrator. (4) The chief judge shall assign judges to the courts and divisions, and shall determine the length of each assignment. The chief judge is authorized to order consolidation of cases, and to assign cases to a judge or judges for the preparation of opinions, orders, or judgments. All judges shall inform the chief judge of any contemplated absences that will affect the progress of the court’s business. If a judge is temporarily absent, is disqualified in an action, or is unable to perform the duties of the office, the chief judge or the chief judge’s designee may assign a proceeding pending before the judge to any other judge or any additional assigned judge of the same court. The chief judge may assign any judge to temporary service for which the judge is qualified in any court in the same circuit. If it appears to the chief judge that the speedy, efficient, and proper administration of justice so requires, the chief judge shall request the chief justice of the supreme court to assign temporarily an additional judge or judges from outside the circuit to duty in the court requiring assistance. The assigned judges shall be subject to administrative supervision of the chief judge for all purposes of this rule. When assigning a judge to hear any type of postconviction or collateral relief proceeding brought by a defendant who has been sentenced to death, the chief judge shall assign to such cases a judge qualified to conduct such proceedings under subdivision (b)(10) of this rule. Nothing in this rule shall restrict the constitutional powers of the chief justice of the supreme court to make such assignments as the chief justice shall deem appropriate. (5) The chief judge may designate a judge in any court or court division of circuit or county courts as “administrative judge” of any court or division to assist with the administrative supervision of the court or division. To the extent practical, the chief judge shall assign only one administrative judge to supervise the family court. The designee shall be responsible to the chief judge, shall have the power and duty to carry out the responsibilities assigned by the chief judge, and shall serve at the

pleasure of the chief judge. (6) The chief judge may require the attendance of prosecutors, public defenders, clerks, bailiffs, and other officers of the courts, and may require from the clerks of the courts, sheriffs, or other officers of the courts periodic reports that the chief judge deems necessary. (7) The chief judge shall regulate the use of all court facilities, regularly examine the dockets of the courts under the chief judge’s administrative supervision, and require a report on the status of the matters on the dockets. The chief judge may take such action as may be necessary to cause the dockets to be made current. The chief judge shall monitor the status of all postconviction or collateral relief proceedings for defendants who have been sentenced to death from the time that the mandate affirming the death sentence has been issued by the supreme court and shall take the necessary actions to assure that such cases proceed without undue delay. On the first day of every January, April, July, and October, the chief judge shall inform the chief justice of the supreme court of the status of all such cases. (8) The chief judge or the chief judge’s designee shall regularly examine the status of every inmate of the county jail. (9) The chief judge may authorize the clerks of the courts to maintain branch county court facilities. When so authorized, clerks of court shall be permitted to retain in such branch court facilities all county court permanent records of pending cases, and may retain and destroy these records in the manner provided by law. (10)(A) The chief judge shall not assign a judge to preside over a capital case in which the state is seeking the death penalty, or collateral proceedings brought by a death row inmate, until that judge has become qualified to do so by: (i) presiding a minimum of 6 months in a felony criminal division or in a division that includes felony criminal cases, and (ii) successfully attending the “Handling Capital Cases” course offered through the Florida Court Education Council. A judge whose caseload includes felony criminal cases must attend the “Handling Capital Cases” course as soon as practicable, or upon the direction of

the chief judge. (B) The chief justice may waive these requirements in exceptional circumstances at the request of the chief judge. (C) Following attendance at the “Handling Capital Cases” course, a judge shall remain qualified to preside over a capital case by attending a “Capital Case Refresher” course once during each of the subsequent continuing judicial education (CJE) reporting periods. A judge who has attended the “Handling Capital Cases” course and who has not taken the “Capital Case Refresher” course within any subsequent continuing judicial education reporting period must requalify to preside over a capital case by attending the refresher course. (D) The refresher course shall be at least a 6-hour course and must be approved by the Florida Court Education Council. The course must contain instruction on the following topics: penalty phase, jury selection, and proceedings brought pursuant to Florida Rule of Criminal Procedure 3.851. (11) The failure of any judge to comply with an order or directive of the chief judge shall be considered neglect of duty and may be reported by the chief judge to the chief justice of the supreme court who shall have the authority to take any corrective action as may be appropriate. The chief judge may report the neglect of duty by a judge to the Judicial Qualifications Commission or other appropriate person or body, or take such other corrective action as may be appropriate. (12) At the call of the chief justice, the chief judges of the circuit court and district courts of appeal shall meet on a regular basis and with each other and with the chief justice to discuss and provide feedback for implementation of policies and practices that have statewide impact including, but not limited to, the judicial branch’s management, operation, strategic plan, legislative agenda and budget priorities. Such meetings shall, if practicable, occur at least quarterly and be conducted in person. At the discretion of the chief justice, any of these meetings may be combined with other judicial branch and leadership meetings. (13) The chief judge shall have the responsibility to exercise reasonable efforts to promote and encourage diversity in the administration of justice.

(c) Selection. The chief judge shall be chosen by a majority of the active circuit and county court judges within the circuit for a term of 2 years commencing on July 1 of each odd-numbered year, or if there is no majority, by the chief justice, for a term of 2 years. The election for chief judge shall be held no sooner than February 1 of the year during which the chief judge’s term commences beginning July 1. All elections for chief judge shall be conducted as follows: (1) All ballots shall be secret. (2) Any circuit or county judge may nominate a candidate for chief judge. (3) Proxy voting shall not be permitted. (4) Any judge who will be absent from the election may vote by secret absentee ballot obtained from and returned to the Trial Court Administrator. A chief judge may be removed as chief judge by the supreme court, acting as the administrative supervisory body of all courts, or may be removed by a two-thirds vote of the active judges. The purpose of this rule is to fix a 2year cycle for the selection of the chief judge in each circuit. A chief judge may serve for successive terms but in no event shall the total term as chief judge exceed 8 years. A chief judge who is to be temporarily absent shall select an acting chief judge from among the circuit judges. If a chief judge dies, retires, fails to appoint an acting chief judge during an absence, or is unable to perform the duties of the office, the chief justice of the supreme court shall appoint a circuit judge to act as chief judge during the absence or disability, or until a successor chief judge is elected to serve the unexpired term. When the office of chief judge is temporarily vacant pending action within the scope of this paragraph, the duties of court administration shall be performed by the circuit judge having the longest continuous service as a judge or by another circuit judge designated by that judge. (d) Circuit Court Administrator. Each circuit court administrator shall be selected or terminated by the chief judge subject to concurrence by a majority vote of the circuit and county judges of the respective circuits. (e) Local Rules and Administrative Orders.

(1) Local court rules as defined in rule 2.120 may be proposed by a majority of the circuit and county judges in the circuit. The judges shall notify the local bar within the circuit of the proposal, after which they shall permit a representative of the local bar, and may permit any other interested person, to be heard orally or in writing on the proposal before submitting it to the supreme court for approval. When a proposed local rule is submitted to the supreme court for approval, the following procedure shall apply: (A) Local court rule proposals shall be submitted to the supreme court in January of each year. The supreme court may accept emergency proposals submitted at other times. (B) Not later than February 15 of each year, the clerk of the supreme court shall submit all local court rule proposals to the Supreme Court Local Rules Advisory Committee created by rule 2.140. At the same time, the clerk of the supreme court shall send copies of the proposed rules to the appropriate committees of The Florida Bar. The Florida Bar committees, any interested local bar associations, and any other interested person shall submit any comments or responses that they wish to make to the Supreme Court Local Rules Advisory Committee on or before March 15 of the year. (C) The Supreme Court Local Rules Advisory Committee shall meet on or before April 15 to consider the proposals and any comments submitted by interested parties. The committee shall transmit its recommendations to the supreme court concerning each proposal, with the reasons for its recommendations, within 15 days after its meeting. (D) The supreme court shall consider the recommendations of the committee and may resubmit the proposals with modifications to the committee for editorial comment only. The supreme court may set a hearing on any proposals, or consider them on the recommendations and comments as submitted. If a hearing is set, notice shall be given to the chief judge of the circuit from which the proposals originated, the executive director of The Florida Bar, the chair of the Rules of General Practice and Judicial Administration Committee of The Florida Bar, any local bar associations, and any interested persons who made comments on the specific proposals to be considered. The supreme court shall act

on the proposals promptly after the recommendations are received or heard. (E) If a local court rule is approved by the supreme court, it shall become effective on the date set by that court. (F) A copy of all local court rules approved by the supreme court shall be indexed and recorded by the clerk of the circuit court in each county of the circuit where the rules are effective. A set of the recorded copies shall be readily available for inspection as a public record, and copies shall be provided to any requesting party for the cost of duplication. The chief judge of the circuit may provide for the publication of the rules. The clerk of the supreme court shall furnish copies of each approved local court rule to the executive director of The Florida Bar. (2) Any judge or member of The Florida Bar who believes that an administrative order promulgated under subdivision (b)(2) of this rule is a court rule or a local rule as defined in rule 2.120, rather than an administrative order, may apply to the Supreme Court Local Rules Advisory Committee for a decision on the question. The decisions of the committee concerning the determination of the question shall be reported to the supreme court, and the court shall follow the procedure set forth in subdivision (D) above in considering the recommendation of the committee. (3) All administrative orders of a general and continuing nature, and all others designated by the chief judge, shall be indexed and recorded by the clerk of the circuit court in each county where the orders are effective. A set of the recorded copies shall be readily available for inspection as a public record, and copies shall be provided to any requesting party for the cost of duplication. The chief judge shall, on an annual basis, direct a review of all local administrative orders to ensure that the set of copies maintained by the clerk remains current and does not conflict with supreme court or local rules. (4) All local court rules entered pursuant to this section shall be numbered sequentially for each respective judicial circuit. (f) Duty to Rule within a Reasonable Time. Every judge has a duty to rule upon and announce an order or judgment on every matter submitted to

that judge within a reasonable time. Each judge shall maintain a log of cases under advisement and inform the chief judge of the circuit at the end of each calendar month of each case that has been held under advisement for more than 60 days. (g) Duty to Expedite Priority Cases. Every judge has a duty to expedite priority cases to the extent reasonably possible. Priority cases are those cases that have been assigned a priority status or assigned an expedited disposition schedule by statute, rule of procedure, case law, or otherwise. Particular attention shall be given to all juvenile dependency and termination of parental rights cases, cases involving families and children in need of services, challenges involving elections and proposed constitutional amendments, and capital postconviction cases. As part of an effort to make capital postconviction cases a priority, the chief judge shall have the discretion to create a postconviction division to handle capital postconviction, as well as non-capital postconviction cases, and may assign one or more judges to that division. (h) Neglect of Duty. The failure of any judge, clerk, prosecutor, public defender, attorney, court reporter, or other officer of the court to comply with an order or directive of the chief judge shall be considered neglect of duty and shall be reported by the chief judge to the chief justice of the supreme court. The chief justice may report the neglect of duty by a judge to the Judicial Qualifications Commission, and neglect of duty by other officials to the governor of Florida or other appropriate person or body. (i) Status Conference After Compilation of Record in Death Case. In any proceeding in which a defendant has been sentenced to death, the circuit judge assigned to the case shall take such action as may be necessary to ensure that a complete record on appeal has been properly prepared. To that end, the judge shall convene a status conference with all counsel of record as soon as possible after the record has been prepared pursuant to rule of appellate procedure 9.200(d) but before the record has been transmitted. The purpose of the status conference shall be to ensure that the record is complete. Criminal Court Steering Committee Notes 2014 Amendment. Capital postconviction cases were added to the list of

priority cases. COMMITTEE NOTES 1996 Amendment. Rule 2.050(h) [renumbered as 2.215(h) in 2006] should be read in conjunction with Florida Rule of Appellate Procedure 9.140(b)(4)(A). 1997 Amendment. [Rule 2.050(b)(10), renumbered as 2.215(b)(10) in 2006]. The refresher course may be a six-hour block during any Florida Court Education Council approved course offering sponsored by any approved Florida judicial education provider, including the Florida College of Advanced Judicial Studies or the Florida Conference of Circuit Judges. The block must contain instruction on the following topics: penalty phase, jury selection, and rule 3.850 proceedings. Failure to complete the refresher course during the three-year judicial education reporting period will necessitate completion of the original “Handling Capital Cases” course. 2002 Amendment. Recognizing the inherent differences in trial and appellate court dockets, the last sentence of subdivision (g) is intended to conform to the extent practicable with appellate rule 9.146(g), which requires appellate courts to give priority to appeals in juvenile dependency and termination of parental rights cases, and in cases involving families and children in need of services. 2008 Amendment. The provisions in subdivision (g) of this rule should be read in conjunction with the provisions of rule 2.545(c) governing priority cases.

« Pt. II. », « Rule 2.220. » Fla. R. Gen. Prac. & Jud. Admin. 2.220

RULE 2.220. CONFERENCES OF JUDGES. (a) Conference of County Court Judges. (1) Creation. There shall be a “Conference of County Court Judges of Florida,” consisting of the active and senior county court judges of the State of Florida. (2) Purpose. The purpose of the conference shall be: (A) the betterment of the judicial system of the state; (B) the improvement of procedure and practice in the several courts; (C) to conduct conferences and institutes for continuing judicial education and to provide forums in which the county court judges of Florida may meet and discuss mutual problems and solutions; and (D) to provide input to the Unified Committee on Judicial Compensation on judicial compensation and benefit issues, and to assist the judicial branch in soliciting support and resources on these issues. (3) Officers. Management of the conference shall be vested in the officers of the conference, an executive committee, and a board of directors. (A) The officers of the conference shall be: (i) the president, president-elect, immediate past president, secretary, and treasurer, who shall be elected at large; and (ii) one vice-president elected from each appellate court district. (B) The executive committee shall consist of the officers of the conference and an executive secretary. (C) The board of directors shall consist of the executive committee and a member elected from each judicial circuit. (D) There shall be an annual meeting of the conference. (E) Between annual meetings of the conference, the affairs of the conference shall be managed by the executive committee.

(4) Authority. The conference may adopt governance documents, the provisions of which shall not be inconsistent with this rule. (b) Conference of Circuit Court Judges. (1) Organization. There shall be a “Conference of Circuit Court Judges of Florida,” consisting of the active and retired circuit judges of the several judicial circuits of the state, excluding retired judges practicing law. (2) Purpose. The purpose of the conference shall be: (A) the betterment of the judicial system of the state; (B) the improvement of procedure and practice in the several courts; (C) to conduct conferences and institutes for continuing judicial education and to provide forums in which the circuit court judges of Florida may meet and discuss mutual problems and solutions; (D) to provide input to the Unified Committee on Judicial Compensation on judicial compensation and benefit issues, and to assist the judicial branch in soliciting support and resources on these issues; (E) to report to the Florida Supreme Court recommendations as the conference may have concerning the improvement of procedure and practice in the several courts; (F) to confer with the Florida Supreme Court regarding concerns the conference may have concerning the laws of this state affecting the administration of justice; and (G) to provide to the Florida Legislature recommendations as the conference may have concerning laws of this state affecting the administration of justice. (3) Officers. Management of the conference shall be vested in the officers of the conference, an executive committee, and a board of directors. (A) The officers of the conference shall be the chair, chair-elect, secretary, and treasurer. (B) The executive committee shall consist of the officers of the conference and such other members as the conference shall determine.

(C) The board of directors shall consist of the executive committee and membership in one shall be identical to membership of the other. (D) There shall be an annual meeting of the conference. (E) Between annual meetings of the conference, the affairs of the conference shall be managed by the executive committee. (4) Authority. The conference may adopt governance documents, the provisions of which shall not be inconsistent with this rule. (c) Conference of District Court of Appeal Judges. (1) Creation. There shall be a “Florida Conference of District Court of Appeal Judges,” consisting of the active and senior district court of appeal judges of the State of Florida. (2) Purpose. The purpose of the conference shall be: (A) the betterment of the judicial system of the state; (B) the improvement of procedure and practice in the several courts; (C) to conduct conferences and institutes for continuing judicial education and to provide forums in which the district court of appeal judges of Florida may meet and discuss mutual problems and solutions; and (D) to provide input to the Unified Committee on Judicial Compensation on judicial compensation and benefit issues, and to assist the judicial branch in soliciting support and resources on these issues. (3) Officers. Management of the conference shall be vested in the officers of the conference and an executive committee. (A) The officers of the conference shall be the president, presidentelect, and secretary-treasurer. (B) The executive committee shall consist of the president and president-elect of the conference and the chief judge of each district court of appeal. (C) There shall be an annual meeting of the conference. (D) Between annual meetings of the conference, the affairs of the conference shall be managed by the executive committee.

(4) Authority. The conference may adopt governance documents, the provisions of which shall not be inconsistent with this rule. (d) Cooperation and Coordination. The conferences of judges shall cooperate and coordinate with each other and the state courts administrator on all matters that have implications for the branch as a whole, consistent with their purpose of the betterment of the judicial system of the state and subject to the direction of the chief justice as the chief administrative officer of the judicial branch.

« Pt. II. », « Rule 2.225. » Fla. R. Gen. Prac. & Jud. Admin. 2.225

RULE 2.225. JUDICIAL MANAGEMENT COUNCIL. (a) Creation and Responsibilities. There is hereby created the Judicial Management Council of Florida, which shall meet at least quarterly, and be charged with the following responsibilities: (1) identifying potential crisis situations affecting the judicial branch and developing strategy to timely and effectively address them; (2) identifying and evaluating information that would assist in improving the performance and effectiveness of the judicial branch (for example, information including, but not limited to, internal operations for cash flow and budget performance, and statistical information by court and type of cases for (i) number of cases filed, (ii) aged inventory of cases — the number and age of cases pending, (iii) time to disposition — the percentage of cases disposed or otherwise resolved within established time frames, and (iv) clearance rates — the number of outgoing cases as a percentage of the number of incoming cases); (3) developing and monitoring progress relating to long-range planning for the judicial branch; (4) reviewing the charges of the various court and Florida Bar commissions and committees, recommending consolidation or revision of the commissions and committees, and recommending a method for the coordination of the work of those bodies based on the proposed revisions; and (5) addressing issues brought to the council by the supreme court. (b) Referrals. The chief justice and the supreme court shall consider referring significant new issues or problems with implications for judicial branch policy to the Judicial Management Council prior to the creation of any new committees. (c) Supreme Court Action on Recommendations by the Judicial Management Council. The supreme court may take any or all of the following actions on recommendations made by the Judicial Management Council:

(1) adopt the recommendation of the council in whole or in part, with or without conditions, including but not limited to: (A) directing that action be taken to influence or change administrative policy, management practices, rules, or programs that are the subject of the recommendations; (B) including the recommendation in the judicial branch’s legislative agenda or budget requests; (2) refer specific issues or questions back to the council for further study or alternative recommendations; (3) reject the recommendation or decision in whole or in part; (4) refer the recommendation to other entities, such as the Florida Legislature, the governor, the cabinet, executive branch agencies, or The Florida Bar, as the supreme court deems appropriate; or (5) take alternative action. (d) Membership. (1) The council shall consist of 15 voting members, including the chief justice, who shall chair the council, an additional justice of the supreme court, representatives from each level of court, and public members. (2) All voting members shall be appointed by the supreme court. Each member, other than the chief justice, will initially be appointed for a 2- or 4- year term, with the terms staggered to ensure continuity and experience on the council and for 4-year terms thereafter. (3) The state courts administrator shall be a nonvoting member. The council may request other nonvoting persons to participate on an as-needed temporary basis to gain expertise and experience in certain issues on review. (e) Staff Support and Funding. The Office of the State Courts Administrator shall provide primary staff support to the Judicial Management Council. Adequate staffing and other resources shall be made available to the Office of the State Courts Administrator to ensure the effective and efficient completion of tasks assigned to the Judicial Management Council. Sufficient resources shall also be provided for meetings of the Judicial Management

Council and its committees or subcommittees, and other expenses necessary to the satisfactory completion of its work.

« Pt. II. », « Rule 2.230. » Fla. R. Gen. Prac. & Jud. Admin. 2.230

RULE 2.230. TRIAL COURT BUDGET COMMISSION. (a) Purpose. The purpose of this rule is to establish a Trial Court Budget Commission that will have the responsibility for developing and overseeing the administration of trial court budgets in a manner which ensures equity and fairness in state funding among the 20 judicial circuits. (b) Responsibilities. The Trial Court Budget Commission is charged with specific responsibility to: (1) establish budgeting and funding policies and procedures consistent with judicial branch plans and policies, directions from the supreme court, and in consideration of input from the Commission on Trial Court Performance and Accountability and other supreme court committees and from the Florida Conference of Circuit Court Judges and the Florida Conference of County Court Judges; (2) make recommendations to the supreme court on the trial court component of the annual judicial branch budget request; (3) advocate for the trial court component of the annual judicial branch budget request and associated statutory changes; (4) make recommendations to the supreme court on funding allocation formulas and budget implementation and criteria as well as associated accountability mechanisms based on actual legislative appropriations; (5) monitor trial court expenditure trends and revenue collections to identify unanticipated budget problems and to ensure the efficient use of resources; (6) recommend statutory and rule changes related to trial court budgets; (7) develop recommended responses to findings on financial audits and reports from the Supreme Court Inspector General, Auditor General, Office of Program Policy Analysis and Government Accountability, and other governmental entities charged with auditing responsibilities regarding trial court budgeting when appropriate; (8) recommend to the supreme court trial court budget reductions

required by the legislature; (9) identify potential additional sources of revenue for the trial courts; (10) recommend to the supreme court legislative pay plan issues for trial court personnel, except the commission shall not make recommendations as to pay or benefits for judges; and (11) request input from the Commission on Trial Court Performance and Accountability on recommendations from that commission that may impact the trial court budget or require funding. (c) Operational Procedures. The Trial Court Budget Commission will establish operating procedures necessary to carry out its responsibilities as outlined in subdivision (b), subject to final approval by the supreme court. These procedures shall include: (1) a method for ensuring input from interested constituencies, including the chief judges and trial court administrators of the trial courts, other members of the trial court judiciary, the Judicial Management Council, the Commission on Trial Court Performance and Accountability, and other judicial branch committees and commissions; and (2) a method for appeal of the decisions of the Trial Court Budget Commission. Appeals may be made only by a chief judge on behalf of a circuit. Appeals may be heard only by the Trial Court Budget Commission unless the appeal is based on the failure of the commission to adhere to its operating procedures, in which case the appeal may be made to the supreme court. (d) Action by Supreme Court or Chief Justice on Recommendations of Trial Court Budget Commission. The supreme court or chief justice, as appropriate, may take any or all of the following actions on recommendations made by the Trial Court Budget Commission: (1) The adoption of the recommendations of the commission made in accordance with the discharge of its responsibilities listed in subdivision (b) in whole. (2) The adoption of the recommendations in part and referral of specific issues or questions back to the commission for further study or alternative recommendations.

(e) Membership and Organization. The Trial Court Budget Commission will be composed of 21 voting members appointed by the chief justice who will be trial court judges and trial court administrators and who will represent the interests of the trial courts generally rather than the individual interests of a particular circuit, level of court, or division. The respective presidents of the Conference of Circuit Court Judges and the Conference of County Court Judges and the chair of the Commission on Trial Court Performance and Accountability shall serve as ex officio nonvoting members of the commission. The chief justice will make appointments to ensure that the broad interests of the trial courts are represented by including members who are from different levels of court (circuit or county), who have experience in different divisions, who have expertise in court operations or administrative matters, and who offer geographic, racial, ethnic, and gender diversity. (1) The membership must include a minimum of 12 trial court judges and a minimum of 5 trial court administrators. (2) The chief justice will appoint 1 member to serve as chair and 1 member to serve as vice chair, each for a 2-year term. (3) A supreme court justice will be appointed by the chief justice to serve as supreme court liaison. (4) No circuit will have more than 2 members on the commission. (5) Voting members will each be appointed for a 6-year term and may serve no more than two full terms. Notwithstanding that limitation, the chief justice may appoint a member for additional terms if the supreme court determines it is in the best interests of the trial courts. In the event of a vacancy, the chief justice will appoint a new member to serve for the remainder of the departing member’s term, which service shall not count toward the limitation on the number of terms. (6) The commission may establish subcommittees as necessary to satisfactorily carry out its responsibilities. Subcommittees may make recommendations only to the commission as a whole. The chair of the commission may appoint a non-commission member to serve on a subcommittee. (f) Staff Support and Funding. The Office of the State Courts Administrator will provide primary staff support to the commission.

Adequate staffing and resources will be made available to the Office of the State Courts Administrator to ensure the commission is able to fulfill its responsibilities as outlined in the rule. Sufficient resources will also be provided for the commission and its subcommittees to meet and otherwise complete its work.

« Pt. II. », « Rule 2.235. » Fla. R. Gen. Prac. & Jud. Admin. 2.235

RULE 2.235. DISTRICT COMMISSION.

COURT

OF

APPEAL

BUDGET

(a) Purpose. The purpose of this rule is to establish a District Court of Appeal Budget Commission with responsibility for developing and overseeing the administration of district court budgets in a manner which ensures equity and fairness in state funding among the 5 districts. (b) Responsibilities. The District Court of Appeal Budget Commission is charged with specific responsibility to: (1) establish budgeting and funding policies and procedures consistent with judicial branch plans and policies, directions from the supreme court, and in consideration of input from the Commission on District Court of Appeal Performance and Accountability, and other supreme court committees; (2) make recommendations to the supreme court on a unitary district court component of the annual judicial branch budget request; (3) advocate for the district court component of the annual judicial branch budget request; (4) make recommendations to the supreme court on funding allocation formulas and/or criteria as well as associated accountability mechanisms based on actual legislative appropriations; (5) monitor district court expenditure trends and revenue collections to identify unanticipated budget problems and to ensure the efficient use of resources; (6) recommend statutory and rule changes related to district court budgets; (7) develop recommended responses to findings on financial audits and reports from the Supreme Court Inspector General, Auditor General, Office of Program Policy Analysis and Government Accountability, and other governmental entities charged with auditing responsibilities regarding district court budgeting when appropriate;

(8) recommend to the supreme court district court budget reductions required by the legislature; (9) identify potential additional sources of revenue for the district courts; (10) recommend to the supreme court legislative pay plan issues for district court personnel, except the commission shall not make recommendations as to pay or benefits for judges; and (11) request input from the Commission on District Court of Appeal Performance and Accountability on recommendations from that commission that may impact the district court budget or require funding. (c) Operational Procedures. The District Court of Appeal Budget Commission will establish operating procedures necessary to carry out its responsibilities as outlined in subdivision (b), subject to final approval by the supreme court. These procedures shall include: (1) a method for ensuring input from interested constituencies, including the chief judges, marshals, and clerks of the district courts, other members of the district court judiciary, the Judicial Management Council, the Commission on District Court of Appeal Performance and Accountability, and other judicial branch committees and commissions; and (2) a method for appeal of the decisions of the District Court of Appeal Budget Commission. Appeals may be made only by a chief judge on behalf of the district. Appeals may be heard only by the District Court of Appeal Budget Commission unless the appeal is based on the failure of the commission to adhere to its operating procedures, in which case the appeal may be made to the supreme court. (d) Action by Supreme Court or Chief Justice on Recommendations of the District Court of Appeal Budget Commission. The supreme court or chief justice, as appropriate, may take any or all of the following actions on recommendations made by the District Court of Appeal Budget Commission: (1) The adoption of the recommendations of the commission made in accordance with the discharge of its responsibilities listed in subdivision (b) in whole. (2) The adoption of the recommendations in part and referral of specific issues or questions back to the commission for further study or alternative

recommendations. (e) Membership and Organization. The District Court of Appeal Budget Commission will be composed of 10 voting members appointed by the chief justice who will represent the interests of the district courts generally rather than the individual interests of a particular district. (1) The membership shall include the chief judge of each district court of appeal, who shall serve for his or her term as chief judge. The membership shall also include one additional judge from each district court of appeal, appointed by the chief justice, with advice from each chief judge. The marshal of each district court of appeal shall serve as a nonvoting member. Ex officio nonvoting members shall also include the chairs of the District Court of Appeal Performance and Accountability Commission and the Appellate Court Technology Committee, and the president of the District Court of Appeal Judges Conference. (2) The chief justice will appoint 1 member to serve as chair and 1 member to serve as vice chair, each for a four-year term, or until the member’s term on the commission expires. (3) The commission may establish subcommittees as necessary to satisfactorily carry out its responsibilities. Subcommittees may make recommendations only to the commission as a whole. The chair of the commission may appoint a non-commission member to serve on a subcommittee. (4) Effective July 1, 2013, the commission shall be reconstituted with staggered terms for voting members, as follows: (A) The chief judge of each district will be appointed for his or her term as chief judge. (B) The additional judge from each odd-numbered district will be appointed for a four-year term. (C) The additional judge from each even-numbered district will be appointed for a two-year term, and thereafter to four-year terms. (D) Each nonvoting member will serve so long as he or she continues to hold the office which entitles him or her to membership on the commission. (f) Staff Support and Funding. The Office of the State Courts Administrator will provide primary staff support to the commission. Adequate staffing and resources will be made available to the Office of the

State Courts Administrator to ensure the commission is able to fulfill its responsibilities as outlined in this rule. Sufficient resources will also be provided for the commission and its subcommittees to meet and otherwise complete its work.

« Pt. II. », « Rule 2.236. » Fla. R. Gen. Prac. & Jud. Admin. 2.236

RULE 2.236. FLORIDA COURTS TECHNOLOGY COMMISSION. (a) Purpose. The purpose of this rule is to establish a Florida Courts Technology Commission with responsibility for overseeing, managing, and directing the development and use of technology within the judicial branch under the direction of the supreme court as specified in this rule. For the purpose of this rule, the term “judicial branch” does not include The Florida Bar, the Florida Board of Bar Examiners, or the Judicial Qualifications Commission. (b) Responsibilities. The Florida Courts Technology Commission is charged with specific responsibility to: (1) make recommendations to the supreme court on all matters of technology policy impacting the judicial branch to allow the supreme court to establish technology policy in the branch; (2) make recommendations to the supreme court regarding policies for public access to electronic court records; (3) make recommendations to the supreme court about the relative priorities of various technology projects within the judicial branch so that the supreme court can establish priorities. The commission should coordinate with the Trial Court Budget Commission and District Court of Appeal Budget Commission to secure funds for allocation of those priorities; (4) direct and establish priorities for the work of all technology committees in the judicial branch, including the Appellate Court Technology Committee, and review and approve recommendations made by any court committee concerning technology matters or otherwise implicating court technology policy; (5) establish, periodically review, and update technical standards for technology used and to be used in the judicial branch to receive, manage, maintain, use, secure, and distribute court records by electronic means, consistent with the technology policies established by the supreme court. These standards shall be coordinated with the strategic plans of the judicial

branch, rules of procedure, applicable law, and directions from the supreme court, and shall incorporate input from the public, clerks of court, supreme court committees and commissions, and other groups involved in the application of current technology to the judicial branch; (6) create procedures whereby courts and clerks and other applicable entities can apply for approval of new systems, or modifications to existing systems, that involve the application of technology to the receipt, management, maintenance, use, securing, and distribution of court records within the judicial branch, and between the public and the judicial branch; (7) evaluate all such applications to determine whether they comply with the technology policies established by the supreme court and the procedures and standards created pursuant to this rule, and approve those applications deemed to be effective and found to be in compliance; (8) develop and maintain security policies that must be utilized to ensure the integrity and availability of court technology systems and related data; (9) ensure principles of accessibility are met for all court technology projects, with consideration and application of the requirements of the Americans with Disabilities Act of 1990 and any other applicable state or federal disability laws; (10) ensure that the technology utilized in the judicial branch is capable of required integration; (11) periodically review and evaluate all approved technology in the judicial branch to determine its adherence to current supreme court technology policies and standards; (12) review annual and periodic reports on the status of court technology systems and proposals for technology improvements and innovation throughout the judicial branch; (13) recommend statutory and rule changes or additions relating to court technology and the receipt, maintenance, management, use, securing, and distribution of court records by electronic means; (14) identify technology issues that require attention in the judicial branch upon: (A) referral from the chief justice;

(B) referral from the supreme court; or (C) identification by the Florida Courts Technology Commission on its own initiative based on recommendations of the public, commission members, judges, justice system partners, The Florida Bar, clerks of court, the Florida Legislature (either informally or through the passage of legislation), the Governor, the cabinet, or executive branch agencies; and (15) coordinate proposed amendments to rules of court procedure and judicial administration necessary to effectuate the commission’s charge with appropriate Florida Bar rules committees. If a program, system, or application is found not to comply with the policies established by the supreme court or the standards and procedures established by the commission, the commission may require that it be terminated or modified or subject to such conditions as the commission deems appropriate. (c) Operational Procedures. The Florida Courts Technology Commission shall establish operating procedures necessary to carry out its responsibilities as outlined in subdivision (b), subject to final approval by the supreme court. These procedures shall include: (1) a method for ensuring input from all interested constituencies in the state of Florida; (2) a method for monitoring the development of new court technology projects, reviewing reports on new technology projects, and reviewing the annual reports; (3) a method whereby courts and clerks and other applicable entities can apply for approval of new technology systems or applications, or modifications to existing systems or applications, that affect the receipt, management, maintenance, use, securing, and distribution of court records; (4) a system to evaluate all applications for new or modified technology systems to determine whether they comply with the policies and technical standards established by the supreme court and the procedures created pursuant to this rule, and are otherwise appropriate to implement in the judicial branch;

(5) a process for making decisions on all applications for new or modified technology systems and communicating those decisions to interested parties. If an application is found to comply with technology policies and standards, the commission may approve the application and its written approval shall authorize the applicant to proceed. For all applications that are not approved, the commission shall assist the applicant in remedying any deficiencies that the commission identifies; (6) a method to monitor all technology programs, systems, and applications used in the judicial branch to ensure that such programs, systems, and applications are operating in accordance with the technology policies established by the supreme court and technical standards established by the commission. The commission may ask any operator of a program, system, or application to appear before it for examination into whether the program, system, or application complies with technology policies and standards; (7) a process to conduct the limited, short-term work of the commission through work groups that it may constitute from time to time. Work groups may make recommendations to the commission as a whole. The chair of the commission may appoint non-commission members to serve on any work group; and (8) a process to conduct substantial work of the commission requiring long-term commitment through subcommittees. Subcommittees may make recommendations to the commission as a whole. The chair of the commission may appoint non-commission members to serve on any subcommittee. (d) Action by Supreme Court or Chief Justice on Recommendations of or Decisions by Florida Courts Technology Commission. The supreme court or chief justice, as appropriate, may take any of the following actions on recommendations or decisions made by the Florida Courts Technology Commission: (1) Adopt the recommendation or decision of the commission in whole or in part, with or without conditions. (2) Refer specific issues or questions back to the commission for further study or alternative recommendations.

(3) Reject the recommendation or decision in whole or in part. (4) Take alternative action. (e) Membership and Organization. (1) The Florida Courts Technology Commission shall be composed of 25 voting members appointed by the chief justice after consultation with the court. All members shall represent the interests of the public and of Florida courts generally rather than the separate interests of any particular district, circuit, county, division, or other organization. The membership shall include members who have experience in different divisions of courts, in court operations, and in using technology in court for case processing, management, and administrative purposes, and shall provide geographic, racial, ethnic, gender, and other diversity. (2) The membership shall include 2 district court judges, 5 circuit court judges (1 of whom must be a chief judge), 2 county court judges, 3 court administrators, 3 court technology officers, 4 clerks of court (1 of whom must be a clerk of an appellate court), 4 members of The Florida Bar (1 of whom must be a member of the Board of Governors of The Florida Bar), and 2 members of the public at large. (3) The members of the commission who are judicial officers, court technology officers, and court administrators must constitute a majority of the commission and must constitute a majority of any quorum at all meetings of the commission. (4) A supreme court justice shall be appointed by the chief justice to serve as supreme court liaison to the commission. (5) Each member will be initially appointed for a 1-, 2-, or 3-year term, with the terms staggered to ensure continuity and experience on the commission and for three year terms thereafter. Retention and reappointment of each member will be at the discretion of the chief justice. (6) The chief justice shall appoint 1 member to serve as chair for a twoyear term. (f) Schedule of Reports. The Florida Courts Technology Commission shall prepare an annual report of its activities, which shall include its recommendations for changes or additions to the technology policies or

standards of Florida courts, its recommendations for setting or changing priorities among the programs within the responsibility of the commission to assist with budget resources available, its recommendations for changes to rules, statutes, or regulations that affect technology in Florida courts and the work of the commission. The report also shall include recommendations of the Appellate Court Technology Committee that implicate court technology policy and the action taken on those recommendations by the commission. This report shall be submitted to the supreme court on April 1 of each year. (g) Appellate Court Technology Committee. (1) Purpose. The purpose of this subdivision is to establish the Appellate Court Technology Committee as a standing committee of the Florida Courts Technology Commission responsible for providing technical guidance and consultation to the commission regarding information systems development and operational policies and procedures relating to automation in the district courts of appeal. (2) Responsibilities. The Appellate Court Technology Committee is charged with specific responsibility to: (A) coordinate with and provide advice to the Florida Courts Technology Commission regarding the development of standards and policies for implementing new technologies, system security, public access to district court information, and system support; (B) develop, recommend, and implement policy and procedures consistent with the overall policy of the supreme court relating to technology issues affecting the district courts of appeal; (C) recommend and coordinate the purchase and upgrade of hardware and software in relation to the district courts’ office automation systems and networks; (D) oversee and direct expenditures of designated state court system trust funds for technology needs in the district courts; (E) promote orientation and education programs on technology and its effective utilization in the district court environment; (F) ensure principles of accessibility are met for all court technology projects, with consideration and application of the requirements of the

Americans with Disabilities Act of 1990 and any other applicable state or federal disability laws; (G) propose amendments to rules of court procedure and judicial administration necessary to effectuate the committee’s charge, after coordination with appropriate Florida Bar rules committees; and (H) identify budget issues and funding sources and coordinate with the District Court of Appeal Budget Commission on recommendations requiring additional funding or resources for implementation in the district courts of appeal. (3) Membership and Terms. (A) The chief justice will select the chair of the committee from among the judges of the district courts, with input from the chief judges. (B) The chief judges of the remaining district courts will designate a representative from each of their courts to serve as member of the committee. (C) The chair and members will serve 3-year terms. Retention and reappointment of the chair will be at the discretion of the chief justice. Retention and reappointment of the representative from each district court will be at the discretion of the district court chief judge. (4) Commission Approval and Reporting of Policy Recommendations. Committee recommendations that implicate court technology policy must be reviewed and approved by the commission. The commission will report the committee’s policy recommendations and the action taken on them by the commission to the supreme court. The committee may submit to the court a companion report on its recommendations, supporting or opposing the action taken by the commission. (h) Staff Support and Funding. The Office of the State Courts Administrator shall provide primary staff support to the Florida Courts Technology Commission and the Appellate Court Technology Committee. Adequate staffing and resources shall be made available by the Office of the State Courts Administrator to ensure that the commission and committee are able to fulfill their responsibilities under this rule.

« Pt. II. », « Rule 2.240. » Fla. R. Gen. Prac. & Jud. Admin. 2.240

RULE 2.240. DETERMINATION OF NEED FOR ADDITIONAL JUDGES. (a) Purpose. The purpose of this rule is to set forth uniform criteria used by the supreme court in determining the need for additional judges, except supreme court justices, and the necessity for decreasing the number of judges, pursuant to article V, section 9, Florida Constitution. These criteria form the primary basis for the supreme court’s determination of need for additional judges. Unforeseen developments, however, may have an impact upon the judiciary resulting in needs which cannot be foreseen or predicted by statistical projections. The supreme court, therefore, may also consider any additional information found by it to be relevant to the process. In establishing criteria for the need for additional appellate court judges, substantial reliance has been placed on the findings and recommendations of the Commission on District Court of Appeal Performance and Accountability. See In re Report of the Comm’n on Dist. Court of Appeal Performance and Accountability—Rule of Judicial Admin. 2.035, 933 So.2d 1136 (Fla. 2006). (b) Criteria. (1) Trial Courts. (A) Assessment of judicial need at the trial court level is based primarily upon the application of case weights to circuit and county court caseload statistics supplied to the Office of the State Courts Administrator by the clerks of the circuit courts, pursuant to rule 2.245, Florida Rules of General Practice and Judicial Administration. Such case weights provide a quantified measure of judicial time spent on case-related activity, translating judicial caseloads into judicial workload by factoring in the relative complexity by case type in the following manner: (i) The circuit court case weights are applied to forecasted case filings, which include circuit criminal (includes felony, drug court, and worthless check cases), circuit civil (includes matters involving claims of $15,000.01 and above), family (includes domestic relations,

juvenile dependency, and juvenile delinquency cases), and probate (includes guardianship, mental health, and trust cases). (ii) The county court case weights are applied to forecasted filings, which include county criminal (includes misdemeanor, violations of county and municipal ordinance, worthless check, driving under the influence, and other criminal traffic cases), and county civil (includes small claims, matters involving claims ranging from $5,000.01 to $15,000, landlord-tenant, and civil traffic infraction cases). (B) Other factors may be utilized in the determination of the need for one or more additional judges. These factors include, but are not limited to, the following: (i) The availability and use of county court judges in circuit court. (ii) The availability and use of senior judges to serve on a particular court. (iii) The availability and use of magistrates and hearing officers. (iv) The extent of use of alternative dispute resolution. (v) The number of jury trials. (vi) Foreign language interpretations. (vii) The geographic size and composition of a circuit, including travel times between courthouses in a particular jurisdiction and the presence of community facilities such as correctional facilities, medical facilities, and universities. (viii) Prosecutorial practices and law enforcement activities in the court’s jurisdiction, including any substantial commitment of additional resources for state attorneys, public defenders, and local law enforcement. (ix) The availability and use of case-related support staff and case management policies and practices. (x) Caseload trends. (C) The Commission on Trial Court Performance and Accountability shall review the trial court workload trends and case weights and

consider adjustments no less than every five years. (2) District Courts of Appeal. (A) The criteria for determining the need to certify the need for increasing or decreasing the number of judges on a district court of appeal shall include the following factors: (i) workload factors to be considered include: trends in case filings; trends in changes in case mix; trends in the backlog of cases ready for assignment and disposition; trends in the relative weight of cases disposed on the merits per judge; and changes in statutes, rules of court, and case law that directly or indirectly impact judicial workload. (ii) efficiency factors to be considered include: a court’s ability to stay current with its caseload, as indicated by measurements such as trend in clearance rate; trends in a court’s percentage of cases disposed within the time standards set forth in the Rules of General Practice and Judicial Administration and explanation/justification for cases not resolved within the time standards; and a court’s utilization of resources, case management techniques and technologies to maximize the efficient adjudication of cases, research of legal issues, and preparation and distribution of decisions. (iii) effectiveness factors to be considered include the extent to which each judge has adequate time to: thoroughly research legal issues, review briefs and memoranda of law, participate in court conferences on pending cases, hear and dispose of motions, and prepare correspondence, orders, judgments and opinions; expedite appropriate cases; prepare written opinions when warranted; develop, clarify, and maintain consistency in the law within that district; review all decisions rendered by the court; perform administrative duties relating to the court; and participate in the administration of the justice system through work in statewide committees. (iv) professionalism factors to be considered include: the extent to which judges report that they have time to participate, including teaching, in education programs designed to increase the competency and efficiency of the judiciary and justice system as well as the

competency of lawyers; provide guidance and instruction for the professional development of court support staff; and participate in appropriate activities of the legal profession at both the state and local levels to improve the relationship between the bench and bar, to enhance lawyer professionalism, and to improve the administration of justice. (B) The court will presume that there is a need for an additional appellate court judgeship in any district for which a request is made and where the relative weight of cases disposed on the merits per judge would have exceeded the weighted case disposition threshold after application of the proposed additional judge(s). (i) The relative weight of cases disposed on the merits shall be determined based upon case disposition statistics supplied to the state courts administrator by the clerks of the district courts of appeal, multiplied by the relative case weights established pursuant to subdivision (b)(2)(B)(ii), and divided by 100. (ii) The Commission on District Court of Appeal Performance and Accountability shall review the workload trends of the district courts of appeal and consider adjustments in the relative case weights and the weighted case disposition threshold every four years. Any such recommended adjustment shall be subject to the approval of the supreme court. (c) Additional Trial Court Workload Factors. Because summary statistics reflective of the above criteria do not fully measure judicial workload, the supreme court will receive and consider, among other things, information about the time to perform and volume of the following activities, which also comprise the judicial workload of a particular jurisdiction: (1) review appellate court decisions; (2) research legal issues; (3) review briefs and memoranda of law; (4) participate in court conferences on pending cases; (5) hear and dispose of motions; (6) prepare correspondence, orders, judgments, and decisional opinions;

(7) review presentence investigative reports and predispositional reports in delinquency and dependency cases; (8) review petitions and motions for post-conviction relief; (9) perform administrative duties relating to the court; (10) participate in meetings with those involved in the justice system; (11) participate in educational programs designed to increase the competency and efficiency of the judiciary; (12) preside over problem-solving courts; (13) use, as well as participate in the development of and training on, technology systems; and (14) participate in election canvassing boards. (d) Certification Process. The process by which certification of the need to increase or decrease the number of judges shall include: (1) The state courts administrator will distribute a compilation of summary statistics and projections to each chief judge at a time designated by the chief justice. (2) Each chief judge shall submit to the chief justice a request for any increase or decrease in the number of judges in accordance with the following: (A) Trial Courts. Each chief judge will then consider these criteria, additional workload factors, and summary statistics, and submit to the chief justice a request for any increases or decreases under article V, section 9, of the Florida Constitution that the chief judge feels are required. (B) District Courts. Each chief judge will then consider the criteria of this rule and the summary statistics; if a new judge is requested, the chief judge shall prepare a report showing the need for a new judge based upon the application of the criteria in this rule. (i) Any request for a new district court judge shall be submitted to the District Court of Appeal Budget Commission for review and approval.

(ii) The chief judge of a district court of appeal shall submit the report showing the need together with the approval of the District Court of Appeal Budget Commission to the chief justice. (3) The chief justice and the state courts administrator may then confer with the chief judge and other representatives of the court submitting the request as well as representatives of The Florida Bar and the public to gather additional information and clarification about the need in the particular jurisdiction. (4) The chief justice will submit recommendations to the supreme court, which will thereafter certify to the legislature its findings and recommendations concerning such need. (5) The supreme court, in conjunction with the certification process under this rule, shall also consider the necessity for increasing, decreasing, or redefining appellate districts and judicial circuits as required by article V, section 9, of the Florida Constitution and as set forth in Florida Rule of General Practice and Judicial Administration 2.241. COURT COMMENTARY 1983 Adoption. Article V, section 9, of the Florida Constitution authorizes the establishment, by rule, of uniform criteria for the determination of the need for additional judges, except supreme court justices, the necessity for decreasing the number of judges and for increasing, decreasing, or redefining appellate districts and judicial circuits. Each year since the adoption of article V in 1972, this court, pursuant to section 9, has certified its determination of need to the legislature based upon factors and criteria set forth in our certification decisions. This rule is intended to set forth criteria and workload factors previously developed, adopted, and used in this certification process, as summarized and specifically set forth in In re Certificate of Judicial Manpower, 428 So. 2d 229 (Fla. 1983); In re Certificate of Judicial Manpower, 396 So. 2d 172 (Fla. 1981); and In re Certification, 370 So. 2d 365 (Fla. 1979). 2004 Amendment. Subdivision (b)(2) was amended to provide more specific criteria and workload factors to be used in determining the need for increasing or decreasing the number of judges on the District Courts of Appeal. In addition, the caseload level at which the court will presume that

there is a need for an additional appellate judge has been increased from 250 to 350 filings per judge. 2006 Amendment. Subdivision (a) is amended to be consistent with the 2006 adoption of rule 2.036 relating to the criteria for determining the necessity and for increasing, decreasing, or redefining appellate districts and judicial circuits, pursuant to article V, section 9, Florida Constitution. The Court adopts the Commission on District Court of Appeal Performance and Accountability’s conclusion that a single case filing threshold is insufficient to capture the intricacies that make up judicial workload in the district courts. The Commission’s alternative to the 350-filings-per-judge threshold is a weighted case dispositions per judge, which the Commission determined to be a meaningful measure of judicial workload. The relative weighted caseload is determined by surveying a representative sample of judges on the relative degree of judicial effort put into each category of cases based upon an agreed typical case having a value of 100. Each category was assigned a relative weight number based upon the statewide average of the weight calculated through the survey. These weights were then applied to each court’s dispositions on the merits to determine the weighted caseload value and divided by 100. This approach accommodates the important distinction between the number of cases filed and the judicial effort required to dispose of those cases. While the number of cases continues to increase, trends in the types of cases filed have dramatically changed the nature of the work that the district court judges handle. The weighted caseload approach not only accommodates the differences in types of cases by measuring their relative workload demands for judges, but it also accommodates the work performed by legal support staff. Subdivision (b)(2)(B) establishes a presumption that the relative weight of cases disposed on the merits should fall below 280 per judge. Chief judges must consider the impact that the addition of a judge would have on this measure when applied to their courts’ dispositions on the merits for the previous year. Every four years the Commission will measure the relative judicial effort associated with the cases disposed on the merits for the year immediately preceding. This will be accomplished by asking a representative sample of

judges to approximate the relative weight of cases in relation to a mid-ranked case. The resulting weights will then be applied to each court’s dispositions on the merits to determine the weighted caseload value per judge. Subdivision (d)(5) was added to ensure the certification process under rule 2.240(d) is conducted in conjunction with the related process for determinations regarding increases, decreases, or redefinition of appellate districts and judicial circuits under Florida Rule of General Practice and Judicial Administration 2.241.

« Pt. II. », « Rule 2.241. » Fla. R. Gen. Prac. & Jud. Admin. 2.241

RULE 2.241. DETERMINATION OF THE NECESSITY TO INCREASE, DECREASE, OR REDEFINE JUDICIAL CIRCUITS AND APPELLATE DISTRICTS. (a) Purpose. The purpose of this rule is to establish uniform criteria for the supreme court’s determination of the necessity for increasing, decreasing, or redefining judicial circuits and appellate districts as required by article V, section 9, of the Florida Constitution. This rule also provides for an assessment committee and a certification process to assist the court in certifying to the legislature its findings and recommendations concerning such need. (b) Certification Process. A certification process shall be completed in conjunction with the supreme court’s annual determination regarding the need for judges under Florida Rule of General Practice and Judicial Administration 2.240(d) and in accordance with the following: (1) The supreme court shall certify a necessity to increase, decrease, or redefine judicial circuits and appellate districts when it determines that the judicial process is adversely affected by circumstances that present a compelling need for the certified change. (2) The supreme court may certify a necessity to increase, decrease, or redefine judicial circuits and appellate districts when it determines that the judicial process would be improved significantly by the certified change. (3) The state courts administrator will distribute a compilation of summary statistics and projections to each chief judge at a time designated by the chief justice. (4) Each chief judge shall consider criteria as may apply under rules 2.241(c) and 2.241(d), as well as any other relevant factors, and shall inform the chief justice of any perceived need to increase, decrease, or redefine the state’s judicial circuits or appellate districts. (5) Having been advised in these matters by the chief justice and taking into consideration other relevant factors, the supreme court, finding cause for further inquiry, may appoint an assessment committee to consider the

capacity of the courts to effectively fulfill their constitutional and statutory responsibilities as well as any attendant need to increase, decrease, or redefine appellate districts and judicial circuits. (6) If an assessment committee is appointed, the committee shall confer with the chief judges and other representatives of appellate districts and judicial circuits, district court of appeal and/or trial court budget commissions, The Florida Bar, and the public for purposes of gathering additional information regarding matters within its charge and shall submit written recommendations to the supreme court. (7) The supreme court shall consider the assessment committee’s recommendations within a time frame it deems appropriate. (8) Whether or not an assessment committee is appointed, the supreme court shall balance the potential impact and disruption caused by changes in judicial circuits and appellate districts against the need to address circumstances that limit the quality and efficiency of, and public confidence in, the judicial process. Given the impact and disruption that can arise from any alteration in judicial structure, prior to recommending a change in judicial circuits or appellate districts, the supreme court shall consider less disruptive adjustments including, but not limited to, the addition of judges, the creation of branch locations, geographic or subjectmatter divisions within judicial circuits or appellate districts, deployment of new technologies, and increased ratios of support staff per judge. (c) Criteria for Judicial Circuits. The following criteria shall be considered when determining the necessity for increasing, decreasing, or redefining judicial circuits as required by article V, section 9, of the Florida Constitution: (1) Effectiveness. Factors to be considered for this criterion include the extent to which each court: (A) expedites appropriate cases; (B) handles its workload in a manner permitting its judges to prepare written decisions when warranted; (C) is capable of accommodating changes in statutes or case law impacting workload or court operations; and

(D) handles its workload in a manner permitting its judges to serve on committees for the judicial system. (2) Efficiency. Factors to be considered for this criterion are the extent to which each court: (A) stays current with its caseload, as indicated by measurements such as the clearance rate; (B) adjudicates a high percentage of its cases within the time standards set forth in the Rules of General Practice and Judicial Administration and has adequate procedures to ensure efficient, timely disposition of its cases; and (C) uses its resources, case management techniques, and technologies to improve the efficient adjudication of cases, research of legal issues, and issuance of decisions. (3) Access to Courts. Factors to be considered for this criterion are the extent to which: (A) litigants, including self-represented litigants, have meaningful access consistent with due process; and (B) decisions of a court are available in a timely and efficient manner. (4) Professionalism. Factors to be considered for this criterion are the extent to which each court: (A) handles workload issues in a manner permitting its judges adequate time and resources to participate in continuing judicial education and to stay abreast of the law in order to maintain a qualified judiciary; (B) is capable of recruiting and retaining qualified staff; and (C) affords staff adequate time to participate in continuing education and specialized training. (5) Public Trust and Confidence. Factors to be considered for this criterion are the extent to which each court: (A) handles workload in a manner permitting its judges adequate time for community involvement;

(B) affords access to open court and other public proceedings for the general public; (C) fosters public trust and confidence given its geography and demographic composition; and (D) attracts a diverse group of well-qualified applicants for judicial vacancies, including applicants from all counties within the circuit. (6) Additional criteria. Such other factors as are regularly considered when making a determination with respect to the need for additional judges under Florida Rule of General Practice and Judicial Administration 2.240(b)(1) and (c). (d) Criteria for District Courts. The following criteria shall be considered when determining the necessity for increasing, decreasing, or redefine/ng appellate districts as required by article V, section 9, of the Florida Constitution: (1) Effectiveness. Factors to be considered for this criterion are the extent to which each court: (A) expedites appropriate cases; (B) handles workload in a manner permitting its judges to prepare written opinions when warranted; (C) functions in a collegial manner; (D) handles workload in a manner permitting its judges to develop, clarify, and maintain consistency in the law within that district, including consistency between written opinions and per curiam affirmances without written opinions; (E) handles its workload in a manner permitting its judges to harmonize decisions of their court with those of other district courts or to certify conflict when appropriate; (F) handles its workload in a manner permitting its judges to have adequate time to review all decisions rendered by the court; (G) is capable of accommodating changes in statutes or case law impacting workload or court operations; and

(H) handles its workload in a manner permitting its judges to serve on committees for the judicial system. (2) Efficiency. Factors to be considered for this criterion are the extent to which each court: (A) stays current with its caseload, as indicated by measurements such as the clearance rate; (B) adjudicates a high percentage of its cases within the time standards set forth in the Rules of General Practice and Judicial Administration and has adequate procedures to ensure efficient, timely disposition of its cases; and (C) uses its resources, case management techniques, and other technologies to improve the efficient adjudication of cases, research of legal issues, and preparation and distribution of decisions. (3) Access to Appellate Review. Factors to be considered for this criterion are the extent to which: (A) litigants, including self-represented litigants, have meaningful access to a district court for mandatory and discretionary review of cases, consistent with due process; (B) litigants are afforded efficient access to the court for the filing of pleadings and for oral argument when appropriate; and (C) orders and opinions of a court are available in a timely and efficient manner. (4) Professionalism. Factors to be considered for this criterion are the extent to which each court: (A) handles its workload in a manner permitting its judges adequate time and resources to participate in continuing judicial education opportunities and to stay abreast of the law in order to maintain a qualified judiciary; (B) is capable of recruiting and retaining qualified staff; and (C) affords staff adequate time to participate in continuing education and specialized training

(5) Public Trust and Confidence. Factors to be considered for this criterion are the extent to which each court: (A) handles its workload in a manner permitting its judges adequate time for community involvement; (B) provides adequate access to oral arguments and other public proceedings for the general public within its district; (C) fosters public trust and confidence given its geography and demographic composition and; (D) attracts diverse group of well-qualified applicants for judicial vacancies, including applicants from all circuits within the district. (e) Results of determination. Only upon the supreme court’s finding that a need exists for increasing, decreasing, or redefining appellate districts and judicial circuits, shall the court, acting prior to the next regular session of the legislature, certify to the legislature its findings and recommendations concerning such need. COMMITTEE NOTES District Court of Appeal Workload and Jurisdiction Committee Notes 2006 Adoption. Article V, section 9 of the Florida constitution states that: “The supreme court shall establish by rule uniform criteria for the determination of the need for additional judges except supreme court justices, the necessity for decreasing the number of judges and for increasing, decreasing or redefining appellate districts. If the supreme court finds that a need exists for . . . increasing, decreasing or redefining appellate districts . . ., it shall, prior to the next regular session of the legislature, certify to the legislature its findings and recommen dations concerning such need.” (Emphasis added.) Thus, the constitution uses only “need” when describing the uniform criteria for certifying additional judges, but uses both “necessity” and “need” when describing the uniform criteria for increasing, decreasing, or redefining appellate districts. The supreme court has never determined whether this language compels differing tests for the two certifications. Subdivision (c) of this rule uses the phrase “certify a necessity.” The Committee on District Court of Appeal Workload and

Jurisdiction determined that the two standards set forth in that subdivision recognize the supreme court’s obligation to recommend a change to the structure of the district courts when circumstances reach the level of necessity that compels a change, but also recognize the court’s discretion to recommend a change to the structure of the district courts when improvements are needed. The criteria set forth in this rule are based on studies of the workload, jurisdiction, and performance of the appellate courts, and the work of the Committee on District Court of Appeal Workload and Jurisdiction in 2005. In establishing these criteria, substantial reliance was placed on empirical research conducted by judicial branch committees and on other statistical data concerning cases, caseloads, timeliness of case processing, and manner for disposition of cases, collected by the Office of the State Courts Administrator Office as required by section 25.075, Florida Statutes (2004), and Florida Rule of Judicial Administration 2.030(e)(2). The workload and jurisdiction committee considered the impact of computer technology on appellate districts. It is clear that, at this time or in the future, technology can be deployed to allow litigants efficient access to a court for filing of pleadings and for participation in oral argument, and that it can expand the general public’s access to the courts. It is possible that technology will substantially alter the appellate review process in the future and that appellate courts may find that technology permits or even requires different districting techniques. This rule was designed to allow these issues to be addressed by the assessment committee and the supreme court without mandating any specific approach. The five basic criteria in subdivision (d) are not listed in any order of priority. Thus, for example, the workload and jurisdiction committee did not intend efficiency to be a more important criterion than engendering public trust and confidence. Subdivision (d)(2)(A) recognizes that the court currently provides the legislature with an annual measurement of the appellate courts’ “clearance rate,” which is the ratio between the number of cases that are resolved during a fiscal year and the new cases that are filed during the same period. Thus, a clearance rate of one hundred percent reflects a court that is disposing of pending cases at approximately the same rate that new cases arrive. Given

that other measurements may be selected in the future, the rule does not mandate sole reliance on this measurement. Subdivision (d)(5)(E) recognizes that a district court’s geographic territory may be so large that it limits or discourages applicants for judicial vacancies from throughout the district and creates the perception that a court’s judges do not reflect the makeup of the territory. COURT COMMENTARY 2013 Amendment. The rule has been amended so the supreme court’s annual certification process will include an analysis of the need to increase, decrease, or redefine judicial circuits. The requirement for an assessment committee to analyze, once every eight years, the capacity of the district courts to fulfill their duties has been deleted. Instead, the chief judges of the trial and appellate courts will review annual statistics provided by the state courts administrator, along with the criteria set forth in the rule and any other relevant factors, and inform the chief justice of any perceived need. Taking these and other concerns into consideration, the supreme court may appoint an assessment committee to make further inquiry. If an assessment committee is appointed, the supreme court will consider the committee’s recommendations and will certify to the legislature its own findings and recommendations concerning such need.

« Pt. II. », « Rule 2.244. » Fla. R. Gen. Prac. & Jud. Admin. 2.244

RULE 2.244. UNIFIED COMPENSATION.

COMMITTEE

ON

JUDICIAL

(a) Creation. There shall be created a Unified Committee on Judicial Compensation to address judicial pay and benefits issues. (b) Purpose. The purpose of the Unified Committee on Judicial Compensation shall be to: (1) develop and recommend to the supreme court judicial pay and benefits priorities; and (2) advocate for judicial pay and benefits issues approved by the supreme court for inclusion in the annual judicial branch budget request. (c) Membership. The membership shall include the chief justice of the supreme court, the presidents and presidents-elect of the Conference of District Court of Appeal Judges, the Conference of Circuit Court Judges, and the Conference of County Court Judges, and the chairs and vice-chairs of the District Court Budget Commission and the Trial Court Budget Commission. (d) Staffing. The Office of the State Courts Administrator will provide primary staff support to the committee.

« Pt. II. », « Rule 2.245. » Fla. R. Gen. Prac. & Jud. Admin. 2.245

RULE 2.245. CASE REPORTING SYSTEM FOR TRIAL COURTS. (a) Reporting. The clerk of the circuit court shall report the activity of all cases before all courts within the clerk’s jurisdiction to the supreme court in the manner and on the forms established by the office of the state courts administrator and approved by order of the court. In those jurisdictions where separate offices of the clerk of the circuit court and clerk of the county court have been established by law, the clerk of the circuit court shall report the activity of all cases before the circuit court, and the clerk of the county court shall report the activity of all cases before the county court. (b) Uniform Case Numbering System. (1) The clerk of the circuit court and the clerk of the county court, where that separate office exists, shall use the Uniform Case Numbering System. The uniform case number shall appear upon the case file, the docket and minute books (or their electronic equivalent), and the complaint. (2) The office of the state courts administrator shall distribute to the respective clerks of the circuit and county courts appropriate instructions regarding the nature and use of the Uniform Case Numbering System.

« Pt. II. », « Rule 2.250. » Fla. R. Gen. Prac. & Jud. Admin. 2.250

RULE 2.250. TIME STANDARDS FOR TRIAL AND APPELLATE COURTS AND REPORTING REQUIREMENTS. (a) Time Standards. The following time standards are hereby established as a presumptively reasonable time period for the completion of cases in the trial and appellate courts of this state. It is recognized that there are cases that, because of their complexity, present problems that cause reasonable delays. However, most cases should be completed within the following time periods: (1) Trial Court Time Standards. (A) Criminal. Felony—180 days (arrest to final disposition) Misdemeanor—90 days (arrest to final disposition) (B) Civil. Jury cases—18 months (filing to final disposition) Non-jury cases—12 months (filing to final disposition) Small Claims—95 days (filing to final disposition) (C) Domestic Relations. Uncontested—90 days (filing to final disposition) Contested—180 days filing to final disposition) (D) Probate. Uncontested, no federal estate tax return—12 months (from issuance of letters of administration to final discharge) Uncontested, with federal estate tax return—12 months (from the return’s due date to final discharge) Contested—24 months (from filing to final discharge) (E) Juvenile Delinquency. Disposition hearing—120 days (filing of petition or child being taken into

custody to hearing) Disposition hearing (child detained)—36 days (date of detention to hearing) (F) Juvenile Dependency. Disposition hearing (child sheltered)—88 days (shelter hearing to disposition) Disposition hearing (child not sheltered)—120 days (filing of petition for dependency to hearing) (G) Permanency Proceedings. Permanency hearing—12 months (date child is sheltered to hearing) (2) Supreme Court and District Courts of Appeal Time Standards. Rendering a decision — within 180 days of either oral argument or the submission of the case to the court panel for a decision without oral argument, except in juvenile dependency or termination of parental rights cases, in which a decision should be rendered within 60 days of either oral argument or submission of the case to the court panel for a decision without oral argument. (3) Florida Bar Referee Time Standards: Report of referee—within 180 days of being assigned to hear the case (4) Circuit Court Acting as Appellate Court: Ninety days from submission of the case to the judge for review (b) Reporting of Cases. The time standards require that the following monitoring procedures be implemented: All pending cases in circuit and district courts of appeal exceeding the time standards shall be listed separately on a report submitted quarterly to the chief justice. The report shall include for each case listed the case number, type of case, case status (active or inactive for civil cases and contested or uncontested for domestic relations and probate cases), the date of arrest in criminal cases, and the original filing date in civil cases. The Office of the State Courts Administrator will provide the necessary forms for submission of this data. The report will be due on the 15th day of the month following the last day of the quarter.

« Pt. II. », « Rule 2.255. » Fla. R. Gen. Prac. & Jud. Admin. 2.255

RULE 2.255. STATEWIDE GRAND JURY. (a) Procedure. The chief judge of each judicial circuit shall cause a list of those persons whose names have been drawn and certified for jury duty in each of the counties within that circuit to be compiled. The lists shall be taken from the male and female population over the age of 18 years and having the other constitutional and statutory qualifications for jury duty in this state not later than the last day of the first week of December of each year. From the lists so compiled, the chief judge shall cause to be selected, by lot and at random, and by any authorized method including mechanical, electronic, or electrical device, a list of prospective grand jurors from each county whose number shall be determined on the basis of 3 jurors for each 3,000 residents or a fraction thereof in each county. The lists from which the names are drawn may be, but are not required to be, the same lists from which petit and grand juries are drawn in each county and circuit. After compilation, the statewide grand jury lists shall be submitted to the state courts administrator not later than February 15 of each year. (b) Population. For the purposes of this rule, the population of each county shall be in accordance with the latest United States Decennial Census as set forth in the Florida Statutes. (c) Excuses. (1) The judge appointed to preside over the statewide grand jury may issue an order appointing the chief judge of the judicial circuit where a prospective grand juror resides to determine whether service on the statewide grand jury will result in an unreasonable personal or financial hardship because of the location or projected length of the grand jury investigation. (2) The chief judge of the circuit shall determine whether a prospective grand juror fails to meet the qualifications of a juror in the county where the person resides. The determination shall be made only for those prospective grand jurors who contact the chief judge and request disqualification. (3) The chief judge of the circuit shall excuse any prospective grand

juror who requests and is qualified for exemption from grand jury service pursuant to general law, or from service as a juror in the county where the person resides. The chief judge shall inform the judge appointed to preside over the statewide grand jury without delay of any determination.

« Pt. II. », « Rule 2.256. » Fla. R. Gen. Prac. & Jud. Admin. 2.256

RULE 2.256. JUROR TIME MANAGEMENT. (a) Optimum Use. The services of prospective jurors should be employed so as to achieve optimum use with a minimum of inconvenience to jurors. (b) Minimum Number. A minimally sufficient number of jurors needed to accommodate trial activity should be determined. This information and appropriate management techniques should be used to adjust both the number of individuals summoned for jury duty and the number assigned to jury panels, consistent with any administrative orders issued by the Chief Justice. (c) Assignment. Each prospective juror who has reported for jury duty should be assigned for voir dire before any prospective juror is assigned a second time. (d) Calendar Coordination. Jury management and calendar management should be coordinated to make effective use of jurors.

« Pt. II. », « Rule 2.260. » Fla. R. Gen. Prac. & Jud. Admin. 2.260

RULE 2.260. CHANGE OF VENUE. (a) Preliminary Procedures. Prior to entering an order to change venue to a particular circuit in a criminal case or in any other case in which change of venue will likely create an unusual burden for the transferee circuit, the chief judge in the circuit in which the case originated shall contact the chief judge in the circuit to which the case is intended to be moved to determine the receiving county’s ability to accommodate the change of venue. It is the intent of this rule that the county identified to receive the case shall do so unless the physical facilities or other resources in that county are such that moving the case to that county would either create an unsafe situation or adversely affect the operations of that court. Any conflict between the circuits regarding a potential change of venue shall be referred to the chief justice of the Florida Supreme Court for resolution. (b) Presiding Judge. The presiding judge from the originating court shall accompany the change of venue case, unless the originating and receiving courts agree otherwise. (c) Reimbursement of Costs. As a general policy the county in which an action originated shall reimburse the county receiving the change of venue case for any ordinary expenditure and any extraordinary but reasonable and necessary expenditure that would not otherwise have been incurred by the receiving county. For purposes of this section, ordinary expenditure, extraordinary expenditure, and nonreimbursable expenditure are defined as follows: (1) Ordinary expenditures include: (A) juror expenses not reimbursed by the State of Florida; (B) court reporter expenses, including appearances by either official or freelance reporters, transcripts, and other expenses associated with the creation of a court record; (C) court interpreters; (D) maintenance of evidence, including the cost of handling, storing, or maintaining the evidence beyond the expenses normally incurred by

the receiving county; (E) services and supplies purchased as a result of the change of venue; (F) overtime expenditures for regular court and clerk staff attributable to the change of venue; and (G) trial-related expenses, including conflict attorney fees; all expert, law enforcement, or ordinary witness costs and expenses; and investigator expenses. (2) Extraordinary but reasonable and necessary expenses include: (A) security-related expenditures, including overtime for security personnel; (B) facility remodeling or renovation; and (C) leasing or renting of space or equipment. Except in emergencies or unless it is impracticable to do so, a receiving county should give notice to the chief judge and clerk of the county in which the action originated before incurring any extraordinary expenditures. (3) Nonreimbursable expenses include: (A) normal operating expenses, including the overhead of the receiving county; and (B) equipment that is purchased and kept by the receiving county that can be used for other purposes or cases. (d) Documentation of Costs. No expenses shall be submitted for reimbursement without supporting documentation, such as a claim, invoice, bill, statement, or time sheet. Any required court order or approval of costs shall also be sent to the originating court. (e) Timing of Reimbursement. Unless both counties agree to other terms, reimbursement of all expenses by the originating county shall be paid or disputed in writing on or before the sixtieth day after the receipt of the claim for reimbursement. Payment of a disputed amount shall be made on or before the sixtieth day after the resolution of this dispute. Any amount subject to dispute shall be expeditiously resolved by authorized representatives of the

court administrator’s office of the originating and receiving counties. (f) Media Relations. Procedures to accommodate the media shall be developed by the receiving county immediately upon notice of the change of venue when the change of venue is reasonably expected to generate an unusual amount of publicity. These procedures must be approved by the chief judge of the receiving circuit and implemented pursuant to administrative order by the presiding judge. The presiding judge shall obtain the concurrence of the chief judge before entering any orders that vary from or conflict with existing administrative orders of the receiving circuit. (g) Case File. The clerk of the circuit court in the originating county shall forward the original case file to the clerk in the receiving county. The receiving clerk shall maintain the file and keep it secure until the trial has been concluded. During the trial, any documents or exhibits that have been added shall be properly marked and added to the file in a manner consistent with the policy and procedures of the receiving county. After the conclusion of the trial, the file shall be returned to the clerk in the county of origin.

« Pt. II. », « Rule 2.265. » Fla. R. Gen. Prac. & Jud. Admin. 2.265

RULE 2.265. MUNICIPAL ORDINANCE VIOLATIONS. (a) References to Abolished Municipal Courts. All references to a municipal court or municipal judge in rules promulgated by the supreme court, in the Florida Statutes, and in any municipal ordinance shall be deemed to refer, respectively, to the county court or county court judge. (b) Costs in County Courts. The chief judge of a circuit shall by administrative order establish a schedule of costs, in conformity with any provisions of law, to be assessed against a defendant in the county court and paid to the county for violations of municipal ordinances which are prosecuted in county court. The costs shall be assessed as a set dollar amount per conviction, not to exceed $50 excluding any other statutory costs. (c) Collection of Outstanding Fines. All cases for which outstanding fines, civil penalties, and costs are being collected by a municipality shall be retained by the municipality until collected or until the offender defaults on payment. If a default occurs, the municipality may institute summary claims proceedings to collect the outstanding fines. (d) Style of Municipal Ordinance Cases. All prosecutions for violations of municipal ordinances in county court shall have the following style: City of _________ v. _________.

« Pt. II. », « Rule 2.270. • Fla. R. Gen. Prac. & Jud. Admin. 2.270

RULE 2.270. SUPREME COURT COMMITTEES ON STANDARD JURY INSTRUCTIONS. (a) Creation and Authority. The supreme court created the Supreme Court Committee on Standard Jury Instructions in Civil Cases, the Supreme Court Committee on Standard Jury Instructions in Criminal Cases (with responsibility for the standard jury instructions in criminal and in involuntary civil commitment of sexually violent predator cases and for the grand jury instructions), and the Supreme Court Committee on Standard Jury Instructions in Contract and Business Cases to serve as standing committees responsible for preparing standard jury instructions for use in their respective case types. See In re Standard Jury Instructions, 198 So. 2d 319, 320 (Fla. 1967); In re Standard Jury Instructions in Criminal Cases, 240 So. 2d 472, 474 (Fla. 1970); In re Supreme Court Committee on Standard Jury Instruction-Contract and Business Cases, Fla. Admin. Order No. AOSC0647 (Sept. 15, 2006). This rule authorizes those committees to develop and approve new and amended standard jury instructions to be published for use in the committees’ respective case types. Standard jury instructions approved for publication and use under this rule are not approved or otherwise specifically authorized for use by the supreme court and their approval under this rule shall not be construed as an adjudicative determination on the legal correctness of the instructions, which must await an actual case and controversy. (b) Responsibilities. The standing supreme court committees on standard jury instructions are charged with the following responsibilities: (1) Developing and approving for publication and use, in the committees’ respective case types, new and amended standard jury instructions in response to statutory changes, judicial decisions, or other events that affect the presentation of those case types to juries. (2) Continuously reviewing the standard jury instructions, in the committees’ respective case types, for errors or inaccuracies and amending the instructions as necessary to correct any errors or inaccuracies found. (3) Addressing specific requests from the supreme court concerning the

need for new or amended standard jury instructions. (4) Considering modified instructions given by a trial court sent to a committee as required by rule 2.580 to determine whether amendments to the standard jury instructions are warranted. (5) Considering changes to the standard jury instructions suggested to the committee by judges, members of the Bar, and other interested persons. (c) Procedures. Each committee on standard jury instructions shall adopt operating procedures necessary to carry out its responsibilities. The operating procedures must comply with the following requirements, which shall govern the development and approval of standard jury instructions under this rule: (1) All new and amended standard jury instructions being considered by a committee must be published for comment on the jury instructions page of The Florida Bar’s website and in The Florida Bar News. The committee must consider all comments received before taking a final vote on the changes. (2) If the committee makes substantial revisions to a new or amended instruction that was published for comment, the revisions also must be published for comment in accordance with subdivision (c)(1) of this rule. Minor revisions to a published instruction change may be made without republication. (3) A two-thirds committee vote in favor of a new or amended standard instruction is required before an instruction may be considered approved for publication and use. (4) The committees may establish subcommittees as necessary to carry out their responsibilities. However, new or amended standard instructions recommended by a subcommittee must be voted on by the committee before they are considered approved for publication and use. (d) Membership and Organization. (1) Each supreme court committee on standard jury instructions shall be composed of up to 36 members appointed by the chief justice, for staggered three-year terms, as follows: (A) The membership of each committee shall include at least onethird current or former district, circuit, or county court judges. The

remainder of the members shall be attorneys who are in good standing with The Florida Bar, with a balance in the various practice areas addressed by the committee to which the attorney members are being appointed. (B) a committee member may serve no more than two consecutive three-year terms, unless: (i) a committee determines that it is in the best interest of the committee for a member to serve an additional term; or (ii) additional slots remain open due to lack of applications to the committee. (C) The chief justice shall appoint 1 member of each committee to serve as chair and 1 member to serve as vice-chair, each for a one-year term subject to reappointment. (e) Staff Support. (1) The Florida Bar. The Florida Bar will provide staff support for the Supreme Court Committee on Standard Jury Instructions in Civil Cases and the Supreme Court Committee on Standard Jury Instructions in Contract and Business Cases. (2) The Office of the State Courts Administrator. The Office of the State Courts Administrator will provide staff support for the Supreme Court Committee on Standard Jury Instructions in Criminal Cases. (f) Publication of Approved Instructions. All standard jury instructions approved for publication and use under this rule shall be published on the jury instructions page of The Florida Bar’s website.

« Pt. III. » Florida Rules of General Practice & Judicial Admin, Pt. III

PART III. JUDICIAL OFFICERS « Pt. III. », • Rule 2.310. » Fla. R. Gen. Prac. & Jud. Admin. 2.310

RULE 2.310. JUDICIAL DISCIPLINE, REMOVAL, RETIREMENT, AND SUSPENSION. (a) Filing. Any recommendations to the supreme court from the Judicial Qualifications Commission pursuant to article V, section 12, of the Florida Constitution shall be in writing. The original and 7 copies shall be filed with the clerk of the court, and a copy shall be served expeditiously on the justice or judge against whom action is sought. (b) Procedure. (1) Promptly upon the filing of a recommendation from the commission, the court shall determine whether the commission’s recommendation complies with all requirements of the constitution and the commission’s rules. Upon determining that the recommendation so complies, and unless the court otherwise directs, an order shall issue directing the justice or judge to show cause in writing why the recommended action should not be taken. (2) The justice or judge may file a response in writing within the time set by the court in its order to show cause, and the commission may serve a reply within 20 days from service of the response. (3) If requested by the commission, or by a justice or judge at the time of filing a response, the court may allow oral argument on the commission’s recommendation. (c) Costs. The supreme court may award reasonable and necessary costs, including costs of investigation and prosecution, to the prevailing party. Neither attorneys’ fees nor travel expenses of commission personnel shall be included in an award of costs. Taxable costs may include: (1) court reporters’ fees, including per diem fees, deposition costs, and costs associated with the preparation of the transcript and record; and (2) witness expenses, including travel and out-of-pocket expenses.

« Pt. III. », « Rule 2.320. » Fla. R. Gen. Prac. & Jud. Admin. 2.320

RULE 2.320. CONTINUING JUDICIAL EDUCATION. (a) Purpose. This rule sets forth the continuing education requirement for all judges in the state judicial system. (b) Education Requirements. (1) Applicability. All Florida county, circuit, and appellate judges and Florida supreme court justices shall comply with these judicial education requirements. Retired judges who have been approved by the supreme court to be assigned to temporary active duty as authorized by section 25.073, Florida Statutes (1991), shall also comply with the judicial education requirements. (2) Minimum Requirements. Each judge and justice shall complete a minimum of 30 credit hours of approved judicial education programs every 3 years. Beginning January 1, 2012, 4 hours must be in the area of judicial ethics; prior to that date, 2 hours in the area of judicial ethics are required. Approved courses in fairness and diversity also can be used to fulfill the judicial ethics requirement. In addition to the 30-hour requirement, every judge new to a level of trial court must complete the Florida Judicial College program in that judge’s first year of judicial service following selection to that level of court; every new appellate court judge or justice must, within 2 years following selection to that level of court, complete an approved appellate-judge program. Every new appellate judge who has never been a trial judge or who has never attended Phase I of the Florida Judicial College as a magistrate must also attend Phase I of the Florida Judicial College in that judge’s first year of judicial service following the judge’s appointment. Credit for teaching a course for which mandatory judicial education credit is available will be allowed on the basis of 21/2 hours’ credit for each instructional hour taught, up to a maximum of 5 hours per year. (3) Mediation Training. Prior to conducting any mediation, a senior judge shall have completed a minimum of one judicial education course offered by the Florida Court Education Council. The course shall specifically focus on the areas where the Code of Judicial Conduct or the

Florida Rules for Certified and Court-Appointed Mediators could be violated. (c) Course Approval. The Florida Court Education Council, in consultation with the judicial conferences, shall develop approved courses for each state court jurisdiction. Courses offered by other judicial and legal education entities must be approved by the council before they may be submitted for credit. (d) Waiver. The Florida Court Education Council is responsible for establishing a procedure for considering and acting upon waiver and extension requests on an individual basis. (e) Reporting Requirements and Sanctions. The Florida Court Education Council shall establish a procedure for reporting annually to the chief justice on compliance with this rule. Each judge shall submit to the Court Education Division of the Office of the State Courts Administrator an annual report showing the judge’s attendance at approved courses. Failure to comply with the requirements of this rule will be reported to the chief justice of the Florida supreme court for such administrative action as deemed necessary. The chief justice may consider a judge’s or justice’s failure to comply as neglect of duty and report the matter to the Judicial Qualifications Commission.

« Pt. III. », « Rule 2.330. » Fla. R. Gen. Prac. & Jud. Admin. 2.330

RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES. (a) Application. This rule applies only to county and circuit judges in all matters in all divisions of court when acting alone as the sole judicial officer in a trial or appellate proceeding. It does not apply to justices, appellate-level judges, or county and circuit judges sitting on a multi-judge appellate panel. (b) Parties. Any party, including the state, may move to disqualify the judge assigned to the case on grounds provided by rule, statute, the Code of Conduct, or general law, and in accordance with the procedural provisions of this rule. (c) Motion. A motion to disqualify shall: (1) be in writing; (2) allege specifically the facts and reasons upon which the movant relies as the grounds for disqualification, and identify the precise date when the facts constituting the grounds for the motion were discovered by the party or the party’s counsel, whichever is earlier; (3) be sworn to or affirmed by the party by signing the motion or by attaching a separate affidavit; (4) include the dates of all previously granted motions to disqualify filed under this rule in the case and the dates of the orders granting those motions; and (5) include a separate certification by the attorney for the party, if any, that the motion and the client’s statements are made in good faith. (d) Service. In addition to filing with the clerk, the movant shall promptly serve a copy of the motion on the subject judge as set forth in rule 2.516. (e) Grounds. A motion to disqualify shall set forth all specific and material facts upon which the judge’s impartiality might reasonably be questioned, including but not limited to the following circumstances: (1) the party reasonably fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge; or

(2) the judge, the judge’s spouse or domestic partner, or a person within the third degree of relationship to either of them, or the spouse or domestic partner of such a person: (A) has more than a de minimis economic interest in the subject matter in controversy or is a party to the proceeding, or an officer, director, or trustee of a party; (B) is acting as a lawyer in the proceeding; (C) has more than a de minimis interest that could be substantially affected by the proceeding; or (D) is likely to be a material witness or expert in the proceeding. (3) The judge served as a lawyer or was the lower court judge in the matter in controversy, or a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter; or (4) The judge has prior personal knowledge of or bias regarding disputed evidentiary facts concerning the proceeding. (f) Prohibition Against Creation of Grounds for Disqualification Based Upon Appearance of Substitute or Additional Counsel. Upon the addition of new substitute counsel or additional counsel in a case, the party represented by such newly appearing counsel is prohibited from filing a motion for disqualification of the judge based upon the new attorney’s involvement in the case. This subdivision shall not apply, however, to a motion to disqualify a successor judge who was not the presiding judge at the time of the new attorney’s first appearance in the case. (g) Time. A motion to disqualify shall be filed within a reasonable time not to exceed 20 days after discovery by the party or party’s counsel, whichever is earlier, of the facts constituting the grounds for the motion. The motion shall be promptly served on the subject judge as set forth in subdivision (d). Any motion for disqualification made during a hearing or trial must be based on facts discovered during the hearing or trial and may be stated on the record, provided that it is also promptly reduced to writing in compliance with subdivision (c)(1) and promptly filed. A motion made during hearing or trial shall be ruled on immediately.

(h) Determination — Initial Motion. The judge against whom an initial motion to disqualify under subdivision (e) is directed may determine only the legal sufficiency of the motion and shall not pass on the truth of the facts alleged. If any motion is legally insufficient, an order denying the motion shall immediately be entered. No other reason for denial shall be stated, and an order of denial shall not take issue with the motion. If the motion is legally sufficient, the judge shall immediately enter an order granting disqualification and proceed no further in the action. Such an order does not constitute acknowledgement that the allegations are true. (i) Determination — Successive Motions. If a judge has been previously disqualified on motion for alleged prejudice or partiality under subdivision (e), a successor judge cannot be disqualified based on a successive motion by the same party unless the successor judge rules that he or she is in fact not fair or impartial in the case. Such a successor judge may rule on the truth of the facts alleged in support of the motion. (j) Prior Rulings. Prior factual or legal rulings by a disqualified judge may be reconsidered and vacated or amended by a successor judge based upon a motion for reconsideration, which must be filed within 30 days of the order of disqualification, unless good cause is shown for a delay in moving for reconsideration or other grounds for reconsideration exist. (k) Recusal Upon Judge’s Initiative. Nothing in this rule limits the judge’s authority to enter an order of recusal. (l) Time for Determination. The judge against whom the motion for disqualification has been filed shall take action on the motion immediately, but no later than 30 days after the service of the motion as set forth in subdivision (d). If the motion is not denied within 30 days of service, the motion is deemed granted and the moving party may seek an order from the court directing the clerk to reassign the case.

« Pt. III. », « Rule 2.340. • Fla. R. Gen. Prac. & Jud. Admin. 2.340

RULE 2.340. JUDICIAL ATTIRE. During any judicial proceeding, robes worn by a judge must be solid black with no embellishment.

« Pt. IV. » Florida Rules of General Practice & Judicial Admin, Pt. IV

PART IV. JUDICIAL PROCEEDINGS AND RECORDS « Pt. IV. », • Rule 2.410. » Fla. R. Gen. Prac. & Jud. Admin. 2.410

RULE 2.410. POSSESSION OF COURT RECORDS. No person other than judges and authorized court employees shall remove court records as defined in rule 2.430 from the clerk’s office except by order of the chief judge or chief justice upon a showing of good cause. COURT COMMENTARY 1996 Adoption. This rule was written as a result of the problems being encountered in the removal of files from clerks’ offices. While the purpose of the rule is to discourage the removal of court files, it is not intended to prohibit chief judges or the chief justice from issuing for good cause a general order providing that attorneys or authorized individuals may be allowed to check out files on a routine basis to assist in the administrative efficiency of a court. We note that section 28.13, Florida Statutes (1995), similarly prohibits the removal of files from clerks’ offices.

« Pt. IV. », « Rule 2.420. » Fla. R. Gen. Prac. & Jud. Admin. 2.420

RULE 2.420. PUBLIC ACCESS TO AND PROTECTION OF JUDICIAL BRANCH RECORDS. (a) Scope and Purpose. Subject to the rulemaking power of the Florida Supreme Court provided by article V, section 2, Florida Constitution, the following rule shall govern public access to and the protection of the records of the judicial branch of government. The public shall have access to all records of the judicial branch of government, except as provided below. Access to all electronic and other court records shall be governed by the Standards for Access to Electronic Court Records and Access Security Matrix, as adopted by the supreme court in Administrative Order AOSC1419 or the then-current Standards for Access. Remote access to electronic court records shall be permitted in counties where the supreme court’s conditions for release of such records are met. (b) Definitions. (1) “Records of the judicial branch” are all records, regardless of physical form, characteristics, or means of transmission, made or received in connection with the transaction of official business by any judicial branch entity and consist of: (A) “court records,” which are the contents of the court file, including the progress docket and other similar records generated to document activity in a case, transcripts filed with the clerk, documentary exhibits in the custody of the clerk, and electronic records, videotapes, or stenographic tapes of depositions or other proceedings filed with the clerk, and electronic records, videotapes, or stenographic tapes of court proceedings; and (B) “administrative records,” which are all other records made or received pursuant to court rule, law, or ordinance, or in connection with the transaction of official business by any judicial branch entity. (2) “Judicial branch” means the judicial branch of government, which includes the state courts system, the clerk of court when acting as an arm of the court, The Florida Bar, the Florida Board of Bar Examiners, the Judicial Qualifications Commission, and all other entities established by or

operating under the authority of the supreme court or the chief justice. (3) “Custodian.” The custodian of all administrative records of any court is the chief justice or chief judge of that court, except that each justice or judge is the custodian of all records that are solely within the possession of that justice or judge. At the conclusion of service on a court, each justice or judge shall deliver to the court’s chief justice or chief judge any records of the judicial branch in the possession of the departing justice or judge. As to all other records, the custodian is the official charged with the responsibility for the care, safekeeping, and supervision of such records. All references to “custodian” mean the custodian or the custodian’s designee. (4) “Confidential,” as applied to information contained within a record of the judicial branch, means that such information is exempt from the public right of access under article I, section 24(a) of the Florida Constitution and may be released only to the persons or organizations designated by law, statute, or court order. As applied to information contained within a court record, the term “exempt” means that such information is confidential. Confidential information includes information that is confidential under this rule or under a court order entered pursuant to this rule. To the extent reasonably practicable, restriction of access to confidential information shall be implemented in a manner that does not restrict access to any portion of the record that is not confidential. (5) “Affected non-party” means any non-party identified by name in a court record that contains confidential information pertaining to that nonparty. (6) “Filer” means any person who files a document in court records, except “filer” does not include the clerk of court or designee of the clerk, a judge, magistrate, hearing officer, or designee of a judge, magistrate, or hearing officer. (c) Confidential and Exempt Records. The following records of the judicial branch shall be confidential: (1) Trial and appellate court memoranda, drafts of opinions and orders, court conference records, notes, and other written materials of a similar nature prepared by judges or court staff acting on behalf of or at the

direction of the court as part of the court’s judicial decision-making process utilized in disposing of cases and controversies before Florida courts unless filed as a part of the court record; (2) Memoranda or advisory opinions that relate to the administration of the court and that require confidentiality to protect a compelling governmental interest, including, but not limited to, maintaining court security, facilitating a criminal investigation, or protecting public safety, which cannot be adequately protected by less restrictive measures. The degree, duration, and manner of confidentiality imposed shall be no broader than necessary to protect the compelling governmental interest involved, and a finding shall be made that no less restrictive measures are available to protect this interest. The decision that confidentiality is required with respect to such administrative memorandum or written advisory opinion shall be made by the chief judge; (3)(A) Complaints alleging misconduct against judges until probable cause is established; (B) Complaints alleging misconduct against other entities or individuals licensed or regulated by the courts, until a finding of probable cause or no probable cause is established, unless otherwise provided. Such finding should be made within the time limit set by law or rule. If no time limit is set, the finding should be made within a reasonable period of time; (4) Periodic evaluations implemented solely to assist judges in improving their performance, all information gathered to form the bases for the evaluations, and the results generated therefrom; (5) Only the names and qualifications of persons applying to serve or serving as unpaid volunteers to assist the court, at the court’s request and direction, shall be accessible to the public. All other information contained in the applications by and evaluations of persons applying to serve or serving as unpaid volunteers shall be confidential unless made public by court order based upon a showing of materiality in a pending court proceeding or upon a showing of good cause; (6) Copies of arrest and search warrants and supporting affidavits retained by judges, clerks, or other court personnel until execution of said

warrants or until a determination is made by law enforcement authorities that execution cannot be made; (7) All records made confidential under the Florida and United States Constitutions and Florida and federal law; (8) All records presently deemed to be confidential by court rule, including the Rules for Admission to the Bar, by Florida Statutes, by prior case law of the State of Florida, and by the rules of the Judicial Qualifications Commission; (9) Any court record determined to be confidential in case decision or court rule on the grounds that: (A) confidentiality is required to: (i) prevent a serious and imminent threat to the fair, impartial, and orderly administration of justice; (ii) protect trade secrets; (iii) protect a compelling governmental interest; (iv) obtain evidence to determine legal issues in a case; (v) avoid substantial injury to innocent third parties; (vi) avoid substantial injury to a party by disclosure of matters protected by a common law or privacy right not generally inherent in the specific type of proceeding sought to be closed; (vii) comply with established public policy set forth in the Florida or United States Constitution or statutes or Florida rules or case law; (B) the degree, duration, and manner of confidentiality ordered by the court shall be no broader than necessary to protect the interests set forth in subdivision (c)(9)(A); and (C) no less restrictive measures are available to protect the interests set forth in subdivision (c)(9)(A). (10) The names and any identifying information of judges mentioned in an advisory opinion of the Judicial Ethics Advisory Committee. (d) Procedures for Determining Confidentiality of Court Records.

(1) Except as provided in subdivision (d)(1)(C), the clerk of the court shall designate and maintain the confidentiality of any information contained within a court record that is described in subdivision (d)(1)(A) or (d)(1)(B) of this rule. (A) The clerk of the court shall maintain as confidential information described by any of subdivisions (c)(1) through (c)(6) of this rule; (B) Except as provided by court order, the clerk of the court shall maintain as confidential information subject to subdivision (c)(7) or (c) (8) of this rule that is currently confidential or exempt from section 119.07, Florida Statutes, and article I, section 24(a) of the Florida Constitution as specifically stated in any of the following statutes or as they may be amended or renumbered: (i) Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. §§ 39.0132(3), 39.0132(4)(a), 39.202, Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. (iii) Social Security, bank account, charge, debit, and credit card numbers. § 119.0714(1)(i)-(j), (2)(a)-(e), Fla. Stat. (Unless redaction is requested pursuant to § 119.0714(2), Fla. Stat., this information is exempt only as of January 1, 2012.) (iv) HIV test results and the identity of any person upon whom an HIV test has been performed. § 381.004(2)(e), Fla. Stat. (v) Records, including test results, held by the Department of Health or its authorized representatives relating to sexually transmissible diseases. § 384.29, Fla. Stat. (vi) Birth records and portions of death and fetal death records. §§ 382.008(6), 382.025(1), Fla. Stat. (vii) Information that can be used to identify a minor petitioning for a waiver of parental or guardian notice or consent when seeking to terminate pregnancy. §§ 390.01116, 390.01118, Fla. Stat. (viii) Clinical records under the Baker Act, § 394.4615(7), Fla. Stat., and all petitions, court orders, and related records under the Baker Act, including all personal identifying information of a person

subject to the Act, § 394.464, Fla. Stat. (ix) Records of substance abuse service providers which pertain to the identity, diagnosis, and prognosis of and service provision to individuals, § 397.501(7), Fla. Stat., and all petitions, court orders, and related records for involuntary assessment and stabilization of an individual, § 397.6760, Fla. Stat. (x) Clinical records of criminal defendants found incompetent to proceed or acquitted by reason of insanity. § 916.107(8), Fla. Stat. (xi) Estate inventories and accountings. § 733.604(1), Fla. Stat. (xii) The victim’s address in a domestic violence action on petitioner’s request. § 741.30(3)(b), Fla. Stat. (xiii) Protected information regarding victims of child abuse or sexual offenses. §§ 119.071(2)(h), 119.0714(1)(h), Fla. Stat. (xiv) Gestational surrogacy records. § 742.16(9), Fla. Stat. (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. (xvi) Grand jury records. §§ 905.17, 905.28(1), Fla. Stat. (xvii) Records acquired by courts and law enforcement regarding family services for children. § 984.06(3)-(4), Fla. Stat. (xviii) Juvenile delinquency records. §§ 985.04(1), 985.045(2), Fla. Stat. (xix) Records disclosing the identity of persons subject to tuberculosis proceedings and records held by the Department of Health or its authorized representatives relating to known or suspected cases of tuberculosis or exposure to tuberculosis. §§ 392.545, 392.65, Fla. Stat. (xx) Complete presentence investigation reports. Fla. R. Crim. P. 3.712. (xxi) Forensic behavioral health evaluations under Chapter 916. § 916.1065, Fla. Stat.

(xxii) Eligibility screening, substance abuse screening, behavioral health evaluations, and treatment status reports for defendants referred to or considered for referral to a drug court program. § 397.334(10) (a), Fla. Stat. (xxiii) Information that can be used to identify a petitioner or respondent in a petition for an injunction against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyber stalking, and any affidavits, notice of hearing, and temporary injunction until the respondent has been personally served with a copy of the petition for injunction, affidavits, notice of hearing, and temporary injunction. § 119.0714(1)(k)3., Fla. Stat. (C) In civil cases, the clerk of the court shall not be required to designate and maintain information as confidential unless the filer follows the notice procedures set forth in subdivision (d)(2), the filer files a Motion to Determine Confidentiality of Court Records as set forth in subdivision (d)(3), the filing is deemed confidential by court order, or the case itself is confidential by law. “Civil cases” as used in this rule includes only civil case types in the circuit, county, or small claims courts (identified by the Court Type Designator CA, CC, and SC in the uniform case numbering system), except those case types listed as “Viewable on Request (VOR)” in the Standards for Access to Electronic Court Records and Access Security Matrix, as adopted by the supreme court in Administrative Order AOSC14-19 or the then-current standards for access. (2) The filer of any document containing confidential information described in subdivision (d)(1)(B) shall, at the time of filing, file with the clerk a “Notice of Confidential Information within Court Filing” in order to indicate that confidential information described in subdivision (d)(1)(B) of this rule is included within the document being filed and also indicate that either the entire document is confidential or identify the precise location of the confidential information within the document being filed. If an entire court file is maintained as confidential, the filer of a document in such a file is not required to file the notice form. A form Notice of Confidential Information within Court Filing accompanies this rule. (A) If any document in a court file contains confidential information

as described in subdivision (d)(1)(B), the filer, a party, or any affected non-party may file the Notice of Confidential Information within Court Filing if the document was not initially filed with a Notice of Confidential Information within Court Filing and the confidential information is not maintained as confidential by the clerk. The Notice of Confidential Information within Court Filing filed pursuant to this subdivision must also state the title and type of document, date of filing (if known), date of document, docket entry number, indicate that either the entire document is confidential or identify the precise location of the confidential information within the document, and provide any other information the clerk may require to locate the confidential information. (B) The clerk of court shall review filings identified as containing confidential information to determine whether the purported confidential information is facially subject to confidentiality under subdivision (d)(1) (B). If the clerk determines that filed information is not subject to confidentiality under subdivision (d)(1)(B), the clerk shall notify the filer of the Notice of Confidential Information within Court Filing in writing within 5 days of filing the notice and thereafter shall maintain the information as confidential for 10 days from the date such notification by the clerk is served. The information shall not be held as confidential for more than that 10-day period, unless a motion has been filed pursuant to subdivision (d)(3). (3) The filer of a document with the court shall ascertain whether any information contained within the document may be confidential under subdivision (c) of this rule notwithstanding that such information is not itemized at subdivision (d)(1) of this rule. If the filer believes in good faith that information is confidential but is not described in subdivision (d)(1) of this rule, the filer shall request that the information be maintained as confidential by filing a “Motion to Determine Confidentiality of Court Records” under the procedures set forth in subdivision (e), (f), or (g), unless: (A) the filer is the only individual whose confidential information is included in the document to be filed or is the attorney representing all such individuals; and (B) a knowing waiver of the confidential status of that information is

intended by the filer. Any interested person may request that information within a court file be maintained as confidential by filing a motion as provided in subdivision (e), (f), or (g). (4) If a notice of confidential information is filed pursuant to subdivision (d)(2), or a motion is filed pursuant to subdivision (e)(1) or (g)(1) seeking to determine that information contained in court records is confidential, or pursuant to subdivision (e)(5) or (g)(5) seeking to vacate an order that has determined that information in a court record is confidential or seeking to unseal information designated as confidential by the clerk of court, then the person filing the notice or motion shall give notice of such filing to any affected non-party. Notice pursuant to this provision must: (A) be filed with the court; (B) identify the case by docket number; (C) describe the confidential information with as much specificity as possible without revealing the confidential information, including specifying the precise location of the information within the court record; and (D) include: (i) in the case of a motion to determine confidentiality of court records, a statement that if the motion is denied then the subject material will not be treated as confidential by the clerk; and (ii) in the case of a motion to unseal confidential records or a motion to vacate an order deeming records confidential, a statement that if the motion is granted, the subject material will no longer be treated as confidential by the clerk. Any notice described herein must be served pursuant to subdivision (k), if applicable, together with the motion that gave rise to the notice in accordance with subdivision (e)(5) or (g)(5). (5) Except when the entire court file is maintained as confidential, if a judge, magistrate, or hearing officer files any document containing confidential information, the confidential information within the document must be identified as “confidential” and the title of the document must include the word “confidential.” The clerk must maintain the

confidentiality of the identified confidential information. A copy of the document edited to omit the confidential information shall be provided to the clerk for filing and recording purposes. (e) Request to Determine Confidentiality of Trial Court Records in Noncriminal Cases. (1) A request to determine the confidentiality of trial court records in noncriminal cases under subdivision (c) must be made in the form of a written motion captioned “Motion to Determine Confidentiality of Court Records.” A motion made under this subdivision must: (A) identify the particular court records or a portion of a record that the movant seeks to have determined as confidential with as much specificity as possible without revealing the information subject to the confidentiality determination; (B) specify the bases for determining that such court records are confidential without revealing confidential information; and (C) set forth the specific legal authority and any applicable legal standards for determining such court records to be confidential without revealing confidential information. Any written motion made under this subdivision must include a signed certification by the party or the attorney for the party making the request that the motion is made in good faith and is supported by a sound factual and legal basis. Information that is subject to such a motion must be treated as confidential by the clerk pending the court’s ruling on the motion. A response to a written motion filed under this subdivision may be served within 10 days of service of the motion. Notwithstanding any of the foregoing, the court may not determine that the case number, docket number, or other number used by the clerk’s office to identify the case file is confidential. (2) Except when a motion filed under subdivision (e)(1) represents that all parties agree to all of the relief requested, the court must, as soon as practicable but no later than 30 days after the filing of a motion under this subdivision, hold a hearing before ruling on the motion. Whether or not any motion filed under subdivision (e)(1) is agreed to by the parties, the court may in its discretion hold a hearing on such motion. Any hearing

held under this subdivision must be an open proceeding, except that any person may request that the court conduct all or part of the hearing in camera to protect the interests set forth in subdivision (c). Any person may request expedited consideration of and ruling on the motion. The movant shall be responsible for ensuring that a complete record of any hearing held pursuant to this subdivision is created, either by use of a court reporter or by any recording device that is provided as a matter of right by the court. The court may in its discretion require prior public notice of the hearing on such a motion in accordance with the procedure for providing public notice of court orders set forth in subdivision (e)(4) or by providing such other public notice as the court deems appropriate. The court must issue a ruling on the motion within 30 days of the hearing. (3) Any order granting in whole or in part a motion filed under subdivision (e) must state the following with as much specificity as possible without revealing the confidential information: (A) the type of case in which the order is being entered; (B) the particular grounds under subdivision (c) for determining the information is confidential; (C) whether any party’s name is determined to be confidential and, if so, the particular pseudonym or other term to be substituted for the party’s name; (D) whether the progress docket or similar records generated to document activity in the case are determined to be confidential; (E) the particular information that is determined to be confidential; (F) identification of persons who are permitted to view the confidential information; (G) that the court finds that: (i) the degree, duration, and manner of confidentiality ordered by the court are no broader than necessary to protect the interests set forth in subdivision (c); and (ii) no less restrictive measures are available to protect the interests set forth in subdivision (c); and (H) that the clerk of the court is directed to publish the order in accordance with subdivision (e)(4).

(4) Except as provided by law or court rule, notice must be given of any written order granting in whole or in part a motion made under subdivision (e)(1) as follows: (A) within 10 days following the entry of the order, the clerk of court must post a copy of the order on the clerk’s website and in a prominent public location in the courthouse; and (B) the order must remain posted in both locations for no less than 30 days. This subdivision shall not apply to orders determining that court records are confidential under subdivision (c)(7) or (c)(8). (5) If a nonparty requests that the court vacate all or part of an order issued under subdivision (e) or requests that the court order the unsealing of records designated as confidential under subdivision (d), the request must be made by a written motion, filed in that court, that states with as much specificity as possible the bases for the motion. The motion must set forth the specific legal authority and any applicable legal standards supporting the motion. The movant must serve all parties and all affected non-parties with a copy of the motion. Except when a motion filed under this subdivision represents that all parties and affected non-parties agree to all of the relief requested, the court must, as soon as practicable but no later than 30 days after the filing of a motion under this subdivision, hold a hearing on the motion. Regardless of whether any motion filed under this subdivision is agreed to by the parties and affected non-parties, the court may in its discretion hold a hearing on such motion. Any person may request expedited consideration of and ruling on the motion. Any hearing held under this subdivision must be an open proceeding, except that any person may request that the court conduct all or part of the hearing in camera to protect the interests set forth in subdivision (c). The court must issue a ruling on the motion within 30 days of the hearing. The movant shall be responsible for ensuring that a complete record of any hearing held under this subdivision be created, either by use of a court reporter or by any recording device that is provided as a matter of right by the court. This subdivision shall not apply to orders determining that court records are confidential under subdivision (c)(7) or (c)(8). (f) Request to Determine Confidentiality of Court Records in Criminal Cases.

(1) Subdivisions (e) and (h) shall apply to any motion by the state, a defendant, or an affected non-party to determine the confidentiality of trial court records in criminal cases under subdivision (c), except as provided in subdivision (f)(3). As to any motion filed in the trial court under subdivision (f)(3), the following procedure shall apply: (A) Unless the motion represents that the state, defendant(s), and all affected non-parties subject to the motion agree to all of the relief requested, the court must hold a hearing on the motion filed under this subdivision within 15 days of the filing of the motion. Any hearing held under this subdivision must be an open proceeding, except that any person may request that the court conduct all or part of the hearing in camera to protect the interests set forth in subdivision (c)(9)(A). (B) The court shall issue a written ruling on a motion filed under this subdivision within 10 days of the hearing on a contested motion or within 10 days of the filing of an agreed motion. (2) Subdivision (g) shall apply to any motion to determine the confidentiality of appellate court records under subdivision (c), except as provided in subdivision (f)(3). As to any motion filed in the appellate court under subdivision (f)(3), the following procedure shall apply: (A) The motion may be made with respect to a record that was presented or presentable to a lower tribunal, but no determination concerning confidentiality was made by the lower tribunal, or a record presented to an appellate court in an original proceeding. (B) A response to a motion filed under this subdivision may be served within 10 days of service of the motion. (C) The court shall issue a written ruling on a motion filed under this subdivision within 10 days of the filing of a response on a contested motion or within 10 days of the filing of an uncontested motion. (3) Any motion to determine whether a court record that pertains to a plea agreement, substantial assistance agreement, or other court record that reveals the identity of a confidential informant or active criminal investigative information is confidential under subdivision (c)(9)(A)(i), (c) (9)(A)(iii), (c)(9)(A)(v), or (c)(9)(A)(vii) of this rule may be made in the form of a written motion captioned “Motion to Determine Confidentiality

of Court Records.” Any motion made pursuant to this subdivision must be treated as confidential and indicated on the docket by generic title only, pending a ruling on the motion or further order of the court. As to any motion made under this subdivision, the following procedure shall apply: (A) Information that is the subject of such motion must be treated as confidential by the clerk pending the court’s ruling on the motion. Filings containing the information must be indicated on the docket in a manner that does not reveal the confidential nature of the information. (B) The provisions of subdivisions (e)(3)(A)-(G), (g)(7), (h), and (j), shall apply to motions made under this subdivision. The provisions of subdivisions (e)(1), (e)(2), (e)(3)(H), (e)(4), and (e)(5) shall not apply to motions made under this subdivision. (C) No order entered under this subdivision may authorize or approve the sealing of court records for any period longer than is necessary to achieve the objective of the motion, and in no event longer than 120 days. Extensions of an order issued hereunder may be granted for 60day periods, but each such extension may be ordered only upon the filing of another motion in accordance with the procedures set forth under this subdivision. In the event of an appeal or review of a matter in which an order is entered under this subdivision, the lower tribunal shall retain jurisdiction to consider motions to extend orders issued hereunder during the course of the appeal or review proceeding. (D) The clerk of the court shall not publish any order of the court issued hereunder in accordance with subdivision (e)(4) or (g)(4) unless directed by the court. The docket shall indicate only the entry of the order. (4) This subdivision does not authorize the falsification of court records or progress dockets. (g) Request to Determine Confidentiality of Appellate Court Records in Noncriminal Cases. (1) Subdivision (e)(1) shall apply to any motion filed in the appellate court to determine the confidentiality of appellate court records in noncriminal cases under subdivision (c). Such a motion may be made with respect to a record that was presented or presentable to a lower tribunal,

but no determination concerning confidentiality was made by the lower tribunal, or a record presented to an appellate court in an original proceeding. (2) A response to a motion filed under subdivision (g)(1) may be served within 10 days of service of the motion. The court shall issue a written ruling on a written motion filed under this subdivision within 30 days of the filing of a response on a contested motion or within 30 days of the filing of an uncontested written motion. (3) Any order granting in whole or in part a motion filed under subdivision (g)(1) must be in compliance with the guidelines set forth in subdivisions (e)(3)(A)—(e)(3)(H). Any order requiring the sealing of an appellate court record operates to also make those same records confidential in the lower tribunal during the pendency of the appellate proceeding. (4) Except as provided by law, within 10 days following the entry of an order granting a motion under subdivision (g)(1), the clerk of the appellate court must post a copy of the order on the clerk’s website and must provide a copy of the order to the clerk of the lower tribunal, with directions that the clerk is of the lower tribunal shall seal the records identified in the order. The order must remain posted by the clerk of the appellate court for no less than 30 days. (5) If a nonparty requests that the court vacate all or part of an order issued under subdivision (g)(3), or requests that the court order the unsealing of records designated as confidential under subdivision (d), the request must be made by a written motion, filed in that court, that states with as much specificity as possible the bases for the request. The motion must set forth the specific legal authority and any applicable legal standards supporting the motion. The movant must serve all parties and all affected non-parties with a copy of the motion. A response to a motion may be served within 10 days of service of the motion. (6) The party seeking to have an appellate record sealed under this subdivision has the responsibility to ensure that the clerk of the lower tribunal is alerted to the issuance of the order sealing the records and to ensure that the clerk takes appropriate steps to seal the records in the lower tribunal.

(7) Upon conclusion of the appellate proceeding, the lower tribunal may, upon appropriate motion showing changed circumstances, revisit the appellate court’s order directing that the records be sealed. (8) Records of a lower tribunal determined to be confidential by that tribunal must be treated as confidential during any review proceedings. In any case where information has been determined to be confidential under this rule, the clerk of the lower tribunal shall so indicate in the index transmitted to the appellate court. If the information was determined to be confidential in an order, the clerk’s index must identify such order by date or docket number. This subdivision does not preclude review by an appellate court, under Florida Rule of Appellate Procedure 9.100(d), or affect the standard of review by an appellate court, of an order by a lower tribunal determining that a court record is confidential. (h) Oral Motions to Determine Confidentiality of Trial Court Records. (1) Notwithstanding the written notice requirements of subdivision (d) (2) and written motion requirements of subdivisions (d)(3), (e)(1), and (f), the movant may make an oral motion to determine the confidentiality of trial court records under subdivision (c), provided: (A) except for oral motions under subdivision (f)(3), the oral motion otherwise complies with subdivision (e)(1); (B) all parties and affected non-parties are present or properly noticed or the movant otherwise demonstrates reasonable efforts made to obtain the attendance of any absent party or affected non-party; (C) the movant shows good cause why the movant was unable to timely comply with the written notice requirements as set forth in subdivision (d)(2) or the written motion requirement as set forth in subdivision (d)(3), (e)(1), or (f), as applicable; (D) the oral motion is reduced to written form in compliance with subdivision (d), (e)(1), or (f), as applicable, and is filed within 5 days following the date of making the oral motion; (E) except for oral motions under subdivision (f)(3), the provisions of subdivision (e)(2) shall apply to the oral motion, procedure and hearing; (F) the provisions of subdivision (f)(1)(A) and (f)(1)(B) and (f)(3)

shall apply to any oral motion under subdivision (f)(3); and (G) oral motions are not applicable to subdivision (f)(2) or (g) or extensions of orders under subdivision (f)(3)(C). (2) The court may deny any oral motion made pursuant to subdivision (h)(1) if the court finds that the movant had the ability to timely comply with the written notice requirements in subdivision (d) or the written motion requirements of (d)(3), (e)(1), or (f), as applicable, or the movant failed to provide adequate notice to the parties and affected non-parties of the confidentiality issues to be presented to the court. (3) Until the court renders a decision regarding the confidentiality issues raised in any oral motion, all references to purported confidential information as set forth in the oral motion shall occur in a manner that does not allow public access to such information. (4) If the court grants in whole or in part any oral motion to determine confidentiality, the court shall issue a written order that does not reveal the confidential information and complies with the applicable subdivision of this rule as follows: (A) For any oral motion under subdivision (e) or (f)(1), except subdivisions (f)(1)(A) and (f)(1)(B), the written order must be issued within 30 days of the hearing and must comply with subdivision (e)(3). (B) For any oral motion under subdivision (f)(3), the written order must be issued within 10 days of the hearing on a contested motion or filing of an agreed motion and must comply with subdivision (f)(3). (i) Sanctions. After notice and an opportunity to respond, and upon determining that a motion, filing, or other activity described below was not made in good faith and was not supported by a sound legal or factual basis, the court may impose sanctions against any party or non-party and/or their attorney, if that party or non-party and/or their attorney, in violation of the applicable provisions of this rule: (1) seeks confidential status for non-confidential information by filing a notice under subdivision (d)(2); (2) seeks confidential status for non-confidential information by making any oral or written motion under subdivision (d)(3), (e), (f), (g), or (h);

(3) seeks access to confidential information under subdivision (j) or otherwise; (4) fails to file a Notice of Confidential Information within Court Filing in compliance with subdivision (d)(2); (5) makes public or attempts to make public by motion or otherwise information that should be maintained as confidential under subdivision (c), (d), (e), (f), (g), or (h); or (6) otherwise makes or attempts to make confidential information part of a non-confidential court record. Nothing in this subdivision is intended to limit the authority of a court to enforce any court order entered pursuant to this rule. (j) Procedure for Obtaining Access to Confidential Court Records. (1) The clerk of the court must allow access to confidential court records to persons authorized by law, or any person authorized by court order. (2) A court order allowing access to confidential court records may be obtained by filing a written motion which must: (A) identify the particular court record(s) or a portion of the court record(s) to which the movant seeks to obtain access with as much specificity as possible without revealing the confidential information; (B) specify the bases for obtaining access to such court records; (C) set forth the specific legal authority for obtaining access to such court records; and (D) contain a certification that the motion is made in good faith and is supported by a sound factual and legal basis. (3) The movant must serve a copy of the written motion to obtain access to confidential court records on all parties and reasonably ascertainable affected non-parties and the court must hold a hearing on the written motion within a reasonable period of time. (4) Any order granting access to confidential court records must: (A) describe the confidential information with as much specificity as possible without revealing the confidential information, including

specifying the precise location of the information within the court records; (B) identify the persons who are permitted to view the confidential information in the court records; (C) identify any person who is permitted to obtain copies of the confidential court records; and (D) state the time limits imposed on such access, if any, and any other applicable terms or limitations to such access. (5) The filer of confidential court records, that filer’s attorney of record, or that filer’s agent as authorized by that filer in writing may obtain access to such confidential records pursuant to this subdivision. (6) Unless otherwise provided, an order granting access to confidential court records under this subdivision shall not alter the confidential status of the record. (k) Procedure for Service on Victims and Affected Non-parties and When Addresses Are Confidential. (1) In criminal cases, when the defendant is required to serve any notice or motion described in this rule on an alleged victim of a crime, service shall be on the state attorney, who shall send or forward the notice or motion to the alleged victim. (2) Except as set forth in subdivision (k)(1), when serving any notice or motion described in this rule on any affected non-party whose name or address is not confidential, the filer or movant shall use reasonable efforts to locate the affected non-party and may serve such affected non-party by any method set forth in Florida Rule of General Practice and Judicial Administration 2.516. (3) Except as set forth in subdivision (k)(1), when serving any notice or motion described in this rule and the name or address of any party or affected non-party is confidential, the filer or movant must state prominently in the caption of the notice or motion “Confidential Party or Confidential Affected Non-Party — Court Service Requested.” When a notice or motion so designated is filed, the court shall be responsible for providing a copy of the notice or motion to the party or affected non-party,

by any method permitted in Florida Rule of General Practice and Judicial Administration 2.516, in such a way as to not reveal the confidential information. (l) Denial of Access Request for Administrative Records. Expedited review of denials of access to administrative records of the judicial branch shall be provided through an action for mandamus or other appropriate relief, in the following manner: (1) When a judge who has denied a request for access to records is the custodian, the action shall be filed in the court having appellate jurisdiction to review the decisions of the judge denying access. Upon order issued by the appellate court, the judge denying access to records shall file a sealed copy of the requested records with the appellate court. (2) All other actions under this rule shall be filed in the circuit court of the circuit in which such denial of access occurs. (m) Procedure for Public Access to Judicial Branch Records. Requests and responses to requests for access to records under this rule shall be made in a reasonable manner. (1) Requests for access to judicial branch records shall be in writing and shall be directed to the custodian. The request shall provide sufficient specificity to enable the custodian to identify the requested records. The reason for the request is not required to be disclosed. (2) The custodian shall be solely responsible for providing access to the records of the custodian’s entity. The custodian shall determine whether the requested record is subject to this rule and, if so, whether the record or portions of the record are exempt from disclosure. The custodian shall determine the form in which the record is provided. If the request is denied, the custodian shall state in writing the basis for the denial. (3) Fees for copies of records in all entities in the judicial branch of government, except for copies of court records, shall be the same as those provided in section 119.07, Florida Statutes. COMMENT Note: —

The clerk of court shall review filings identified as containing confidential information to determine whether the information is facially subject to confidentiality under subdivision (d)(1)(B). The clerk shall notify the filer in writing within 5 days if the clerk determines that the information is NOT subject to confidentiality, and the records shall not be held as confidential for more than 10 days, unless a motion is filed pursuant to subdivision (d)(3) of the Rule. Fla. R. Gen. Prac. & Jud. Admin. 2.420(d)(2). COMMITTEE NOTES 1995 Amendment. This rule was adopted to conform to the 1992 addition of article I, section 24, to the Florida Constitution. Amendments to this rule were adopted in response to the 1994 recommendations of the Study Committee on Confidentiality of Records of the Judicial Branch. Subdivision (b) has been added by amendment and provides a definition of “judicial records” that is consistent with the definition of “court records” contained in rule 2.075(a)(1) [renumbered as 2.430(a)(1) in 2006] and the definition of “public records” contained in chapter 119, Florida Statutes. The word “exhibits” used in this definition of judicial records is intended to refer only to documentary evidence and does not refer to tangible items of evidence such as firearms, narcotics, etc. Judicial records within this definition include all judicial records and data regardless of the form in which they are kept. Reformatting of information may be necessary to protect copyrighted material. Seigle v. Barry, 422 So. 2d 63 (Fla. 4th DCA 1982), review denied, 431 So. 2d 988 (Fla. 1983). The definition of “judicial records” also includes official business information transmitted via an electronic mail (e-mail) system. The judicial branch is presently experimenting with this new technology. For example, email is currently being used by the judicial branch to transmit between judges and staff multiple matters in the courts including direct communications between judges and staff and other judges, proposed drafts of opinions and orders, memoranda concerning pending cases, proposed jury instructions, and even votes on proposed opinions. All of this type of information is exempt from public disclosure under rules 2.051(c)(1) and (c)(2) [renumbered as 2.420(c)(1) and (c)(2) in 2006]. With few exceptions, these examples of email transmissions are sent and received between judicial officials and

employees within a particular court’s jurisdiction. This type of e-mail is by its very nature almost always exempt from public record disclosure pursuant to rule 2.051(c). In addition, official business e-mail transmissions sent to or received by judicial officials or employees using dial-in equipment, as well as the use of on-line outside research facilities such as Westlaw, would also be exempt email under rule 2.051(c). On the other hand, we recognize that not all e-mail sent and received within a particular court’s jurisdiction will fall into an exception under rule 2.051(c). The fact that a non-exempt e-mail message made or received in connection with official court business is transmitted intra-court does not relieve judicial officials or employees from the obligation of properly having a record made of such messages so they will be available to the public similar to any other written communications. It appears that official business e-mail that is sent or received by persons outside a particular court’s jurisdiction is largely non-exempt and is subject to recording in some form as a public record. Each court should develop a means to properly make a record of non-exempt official business e-mail by either electronically storing the mail or by making a hard copy. It is important to note that, although official business communicated by e-mail transmissions is a matter of public record under the rule, the exemptions provided in rule 2.051(c) exempt many of these judge/ staff transmissions from the public record. E-mail may also include transmissions that are clearly not official business and are, consequently, not required to be recorded as a public record. Each court should also publish an e-mail address for public access. The individual e-mail addresses of judicial officials and staff are exempt under rule 2.051(c)(2) to protect the compelling interests of maintaining the uninterrupted use of the computer for research, word-processing, preparation of opinions, and communication during trials, and to ensure computer security. Subdivision (c)(3) was amended by creating subparts (a) and (b) to distinguish between the provisions governing the confidentiality of complaints against judges and complaints against other individuals or entities licensed or regulated by the Supreme Court. Subdivision (c)(5) was amended to make public the qualifications of persons applying to serve or serving the court as unpaid volunteers such as guardians ad litem, mediators, and arbitrators and to make public the applications and evaluations of such persons upon a showing of materiality in

a pending court proceeding or upon a showing of good cause. Subdivision (c)(9) has also been amended. Subdivision (c)(9) was adopted to incorporate the holdings of judicial decisions establishing that confidentiality may be required to protect the rights of defendants, litigants, or third parties; to further the administration of justice; or to otherwise promote a compelling governmental interest. Barron v. Florida Freedom Newspapers, Inc., 531 So.2d 113 (Fla.1988); Miami Herald Publishing Co. v. Lewis, 426 So.2d 1 (Fla.1982). Such confidentiality may be implemented by court rule, as well as by judicial decision, where necessary for the effective administration of justice. See, e.g., Fla.R.Crim.P. 3.470, (Sealed Verdict); Fla.R.Crim.P. 3.712, (Presentence Investigation Reports); Fla.R.Civ.P. 1.280(c), (Protective Orders). Subdivision (c)(9)(D) requires that, except where otherwise provided by law or rule of court, reasonable notice shall be given to the public of any order closing a court record. This subdivision is not applicable to court proceedings. Unlike the closure of court proceedings, which has been held to require notice and hearing prior to closure, see Miami Herald Publishing Co. v. Lewis, 426 So. 2d 1 (Fla.1982), the closure of court records has not required prior notice. Requiring prior notice of closure of a court record may be impractical and burdensome in emergency circumstances or when closure of a court record requiring confidentiality is requested during a judicial proceeding. Providing reasonable notice to the public of the entry of a closure order and an opportunity to be heard on the closure issue adequately protects the competing interests of confidentiality and public access to judicial records. See Florida Freedom Newspapers, Inc. v. Sirmons, 508 So.2d 462 (Fla. 1st DCA 1987), approved, Barron v. Florida Freedom Newspapers, Inc., 531 So.2d 113 (Fla.1988); State ex rel. Tallahassee Democrat v. Cooksey, 371 So.2d 207 (Fla. 1st DCA 1979). Subdivision (c)(9)(D), however, does not preclude the giving of prior notice of closure of a court record, and the court may elect to give prior notice in appropriate cases. 2007 Committee Commentary. Subdivision (d)(2) is intended to permit a party to make use of any court-provided recording device or system that is available generally for litigants’ use, but is not intended to require the court system to make such devices available where they are not already in use and is not intended to eliminate any cost for use of such system that is generally borne by a party requesting use of such system.

COURT COMMENTARY 2002 Court Commentary. The custodian is required to provide access to or copies of records but is not required either to provide information from records or to create new records in response to a request. Op. Atty. Gen. Fla. 80-57 (1980); Wootton v. Cook, 590 So.2d 1039 (Fla. 1st DCA 1991); Seigle v. Barry, 422 So.2d 63 (Fla. 4th DCA 1982). The writing requirement is not intended to disadvantage any person who may have difficulty writing a request; if any difficulty exists, the custodian should aid the requestor in reducing the request to writing. It is anticipated that each judicial branch entity will have policies and procedures for responding to public records requests. The 1995 commentary notes that the definition of “judicial records” added at that time is consistent with the definition of “court records” contained in rule 2.075(a)(1) [renumbered as 2.430(a)(1) in 2006] and the definition of “public records” contained in chapter 119, Florida Statutes. Despite the commentary, these definitions are not the same. The definitions added in 2002 are intended to clarify that records of the judicial branch include court records as defined in rule 2.075(a)(1) and administrative records. The definition of records of the judicial branch is consistent with the definition of “public records” in chapter 119, Florida Statutes. 2005 Court Commentary. Under courts’ inherent authority, appellate courts may appoint a special magistrate to serve as commissioner for the court to make findings of fact and oversee discovery in review proceedings under subdivision (d) of this rule. Cf. State ex rel. Davis v. City of Avon Park, 158 So. 159 (Fla. 1934) (recognizing appellate courts’ inherent authority to do all things reasonably necessary for administration of justice within the scope of courts’ jurisdiction, including the appointment of a commissioner to make findings of fact); Wessells v. State, 737 So. 2d 1103 (Fla. 1st DCA 1998) (relinquishing jurisdiction to circuit court for appointment of a special master to serve as commissioner for court to make findings of fact). 2007 Court Commentary. New subdivision (d) applies only to motions that seek to make court records in noncriminal cases confidential in accordance with subdivision (c)(9).

NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILING

Pursuant to Florida Rule of General Practice and Judicial Administration 2.420(d)(2), I hereby certify: ( ) (1) I am filing herewith a document containing confidential information as described in Rule 2.420(d)(1)(B) and that: (a) The title/type of document is: _____________________, and: (b) ( ) the entire document is confidential, or ( ) the confidential information within the document is precisely located at: ______________________________. OR ( ) (2) A document was previously filed in this case that contains confidential information as described in Rule 2.420(d) (1)(B), but a Notice of Confidential Information within Court Filing was not filed with the document and the confidential information was not maintained as confidential by the clerk of the court. I hereby notify the clerk that this confidential information is located as follows: (a)

Title/type

of

document:

_____________________________; (b) Date of filing _____________________________;

(if

known):

(c) Date of document: _____________________________; (d) Docket entry _____________________________;

number:

(e) ( ) Entire document is confidential, or ( ) Precise location of confidential information in document: _____________________________ _____________________________. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing was furnished by (e-mail) (delivery) (mail) (fax) on: (All Parties and Affected Non-Parties. Note: If the name or address of a Party or Affected Non-Party is confidential DO NOT include such information in this Certificate of Service. Instead, serve the State Attorney or request Court Service. See Rule 2.420(k)) ________________________, on _____________________, 20 ____.

« Pt. IV. », « Rule 2.423. » Fla. R. Gen. Prac. & Jud. Admin. 2.423

RULE 2.423. “MARSY’S LAW” CRIME VICTIM INFORMATION WITHIN COURT FILING. (a) Scope and Purpose. As provided by article I, section 16 of the Florida Constitution, known as “Marsy’s Law,” the following rule shall govern public access to and the protection of the records of the judicial branch of government in criminal and juvenile justice cases as it pertains to confidential crime victim information. This rule shall be interpreted to be consistent with the scope and purpose of rule 2.420. (b) Definitions. (1) “Confidential crime victim information” means any information contained within a court record that could be used to locate or harass the victim or the victim’s family, or which could disclose confidential or privileged information of the victim. (2) “Crime” and “criminal” include delinquent acts and conduct. (3) A “victim” is a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act or against whom the crime or delinquent act is committed. The term “victim” includes the victim’s lawful representative, the parent or guardian of a minor victim, or the next of kin of a homicide victim, except upon a showing that the interest of such individual would be in actual or potential conflict with the interests of the victim. The term “victim” does not include the accused. (c) Confidential and Exempt Records. In accordance with rule 2.420(c) (9), confidential crime victim information is determined to be confidential on the grounds that confidentiality is required to comply with the Florida Constitution. (d) Procedure for Identifying Confidential Crime Victim Information in Criminal and Juvenile Court Records. (1) The filer of an initial charging document shall prominently indicate the existence of confidential crime victim information pursuant to article I, section 16 of the Florida Constitution. If the filer indicates the existence of

confidential crime victim information, the clerk of the court shall designate and maintain the confidentiality of any such information contained within the initial charging document. (2) Except as provided under subdivision (d)(1), the filer of any document with the court under subdivision (d) shall ascertain whether it contains any confidential crime victim information. If the filer believes in good faith that information is confidential, the filer shall request that the information be maintained as confidential by contemporaneously filing a “Notice of Confidential Crime Victim Information within Court Filing.” (3) A crime victim, the filer, a party, or any affected nonparty may file a Notice of Confidential Crime Victim Information within Court Filing at any time. (4) Filers of subsequent court filings shall limit the presence of crime victim identifying information in accordance with rule 2.425(a)(3) or file a Notice of Crime Victim Information within Court Filing with each subsequent court filing that contains confidential crime victim information. (5) A Notice of Confidential Crime Victim Information within Court Filing: (A) Shall identify the precise location of the confidential information within the document being filed. (B) Shall be confidential to the extent it contains crime victim information pursuant to article I, section 16. (C) Shall not be required when an entire case file is maintained as confidential. (D) A form shall accompany this rule. (6) If a Notice of Crime Victim Information within Court Filing is filed, the clerk of court shall review the filing identified as containing confidential crime victim information to determine whether the purported confidential information is facially subject to confidentiality under article I, section 16(b)(5) of the Florida Constitution. (A) The clerk of the court shall designate and maintain the confidentiality of any such information contained within a court record.

(B) If the clerk determines that the information is not confidential, the clerk shall notify the filer in writing within 5 days of filing the notice and thereafter shall maintain the information as confidential for 10 days from the date such notification by the clerk is served. The information shall not be held as confidential for more than that 10-day period, unless a motion has been filed pursuant to rule 2.420(d)(3).

« Pt. IV. », « Appx A. » Florida Rules of General Practice & Judicial Admin, Pt. IV, Appx. to R. 2.423

APPENDIX A. Notice Of Confidential Crime Victim Information Within Court Filing Pursuant to Florida Rule of General Practice and Judicial Administration 2.423, I hereby certify: ( ) (1) I am filing a document containing confidential crime victim information as described in rule 2.423(b)(1) and that: (a) The title/type of the document is _________________, and; (b) ( ) the entire document is confidential, or ( ) the confidential information within the document is precisely located at: ________________________________. ( ) (2) A document was previously filed in this case that contains confidential crime victim information as described in rule 2.423(b)(1), but a Notice of Confidential Crime Victim Information within Court Filing was not filed with the document and the confidential information was not maintained as confidential by the clerk of the court. I hereby notify the clerk that this information is located as follows: (a) Title/type of document: ___________________________; (b) Date of filing (if known): __________________________; (c) Date of document: ________________________________; (d) Docket entry number: ____________________________; and either: ( ) Entire document is confidential, or ( ) The precise location of the confidential crime victim information is: ___________________________________________________. ______________________________. Filer’s Signature CERTIFICATE OF SERVICE

I certify that the foregoing document has been furnished to

(here insert names or names, addresses used for service, and mailing addresses) by (portal) (e-mail) (delivery) (mail) on …. (date)…. [See Note 1]. Name: ______________________________ Address: ______________________________ Phone: ______________________________ Florida Bar No. (if applicable): ______________________________ E-mail address: ______________________________ Note 1: If the name or address of a Party or Affected Nonparty is confidential DO NOT include such information in the Certificate of Service. Instead, serve the State Attorney or request Court Service as described under rule 2.420(k). Note 2: The clerk of the court shall review filings identified as containing confidential crime victim information to determine whether the information is facially subject to confidentiality under rule 2.423(d)(6). As provided under rule 2.423(d)(6)(B), the clerk shall notify the filer in writing within 5 days if the clerk determines that the information is not subject to confidentiality, and the records shall not be held as confidential for more than 10 days, unless a motion is filed pursuant to rule 2.420(d)(3).

« Pt. IV. », « Rule 2.425. » Fla. R. Gen. Prac. & Jud. Admin. 2.425

RULE 2.425. MINIMIZATION OF THE FILING OF SENSITIVE INFORMATION. (a) Limitation for Court Filings. Unless authorized by subdivision (b), statute, another rule of court, or the court orders otherwise, designated sensitive information filed with the court must be limited to the following format: (1) The initials of a person known to be a minor; (2) The year of birth of a person’s birth date; (3) No portion of any (A) social security number, (B) bank account number, (C) credit card account number, (D) charge account number, or (E) debit account number; (4) The last four digits of any (A) taxpayer identification number (TIN), (B) employee identification number, (C) driver’s license number, (D) passport number, (E) telephone number, (F) financial account number, except as set forth in subdivision (a)(3), (G) brokerage account number, (H) insurance policy account number, (I) loan account number, (J) customer account number, or

(K) patient or health care number; (5) A truncated version of any (A) email address, (B) computer user name, (C) password, or (D) personal identification number (PIN); and (6) A truncated version of any other sensitive information as provided by court order. (b) Exceptions. Subdivision (a) does not apply to the following: (1) An account number which identifies the property alleged to be the subject of a proceeding; (2) The record of an administrative or agency proceeding; (3) The record in appellate or review proceedings; (4) The birth date of a minor whenever the birth date is necessary for the court to establish or maintain subject matter jurisdiction; (5) The name of a minor in any order relating to parental responsibility, time-sharing, or child support; (6) The name of a minor in any document or order affecting the minor’s ownership of real property; (7) The birth date of a party in a writ of attachment or notice to payor; (8) In traffic and criminal proceedings (A) a pro se filing; (B) a court filing that is related to a criminal matter or investigation and that is prepared before the filing of a criminal charge or is not filed as part of any docketed criminal case; (C) an arrest or search warrant or any information in support thereof; (D) a charging document and an affidavit or other documents filed in support of any charging document, including any driving records;

(E) a statement of particulars; (F) discovery material introduced into evidence or otherwise filed with the court; (G) all information necessary for the proper issuance and execution of a subpoena duces tecum; (H) information needed to contact witnesses who will support the defendant’s claim of newly discovered evidence under Florida Rule of Criminal Procedure 3.851; and (I) information needed to complete a sentencing scoresheet; (9) Information used by the clerk for case maintenance purposes or the courts for case management purposes; and (10) Information which is relevant and material to an issue before the court. (c) Remedies. Upon motion by a party or interested person or sua sponte by the court, the court may order remedies, sanctions or both for a violation of subdivision (a). Following notice and an opportunity to respond, the court may impose sanctions if such filing was not made in good faith. (d) Motions Not Restricted. This rule does not restrict a party’s right to move for protective order, to move to file documents under seal, or to request a determination of the confidentiality of records. (e) Application. This rule does not affect the application of constitutional provisions, statutes, or rules of court regarding confidential information or access to public information.

« Pt. IV. », « Rule 2.430. » Fla. R. Gen. Prac. & Jud. Admin. 2.430

RULE 2.430. RETENTION OF COURT RECORDS. (a) Definitions. The following definitions apply to this rule: (1) “Court records” mean the contents of the court file, including the progress docket and other similar records generated to document activity in a case, transcripts filed with the clerk, documentary exhibits in the custody of the clerk, and electronic records, video tapes, or stenographic tapes of depositions or other proceedings filed with the clerk, and electronic records, videotapes or stenographic tapes of court proceedings. (2) “After a judgment has become final” means: (A) when a final order, final judgment, final docket entry, final dismissal, or nolle prosequi has been entered as to all parties, no appeal has been taken, and the time for appeal has expired; or (B) when a final order, final judgment, or final docket entry has been entered, an appeal has been taken, the appeal has been disposed of, and the time for any further appellate proceedings has expired. (3) “Permanently recorded” means that a document has been microfilmed, optically imaged, or recorded onto an electronic record keeping system in accordance with standards adopted by the Supreme Court of Florida. (b) Permanently Recorded Records. (1) Court records, except exhibits, that have been permanently recorded may be destroyed or otherwise disposed of by the clerk at any time after a judgment has become final. (2) Any physical media submitted to the clerk for the purpose of filing information contained in the media may be destroyed, retained, or otherwise disposed of by the clerk once the contents of the media have been made a part of the court record. (c) Records Not Permanently Recorded. No court records under this subdivision shall be destroyed or disposed of until the final order, final docket entry, or final judgment is permanently recorded for, or recorded in,

the public records. The time periods shall not apply to any action in which the court orders the court records to be kept until the court orders otherwise. When an order is entered to that effect, the progress docket and the court file shall be marked by the clerk with a legend showing that the court records are not to be destroyed or disposed of without a further order of court. Any person may apply for an order suspending or prohibiting destruction or disposition of court records in any proceeding. Court records, except exhibits, that are not permanently recorded may be destroyed or disposed of by the clerk after a judgment has become final in accordance with the following schedule: (1) For trial courts (A) 60 days — Parking tickets and noncriminal traffic infractions after required audits have been completed. (B) 2 years — Proceedings under the Small Claims Rules, Medical Mediation Proceedings. (C) 5 years — Noncriminal ordinance violations, civil litigation proceedings in county court other than those under the Small Claims Rules, and civil proceedings in circuit court except marriage dissolutions and adoptions. (D) 10 years — Probate, guardianship, and mental health proceedings. (E) 10 years — Felony and misdemeanor cases in which no information or indictment was filed or in which all charges were dismissed, or in which the state announced a nolle prosequi, or in which the defendant was adjudicated not guilty. (F) 75 years — Juvenile proceedings containing an order permanently depriving a parent of custody of a child, and adoptions, and all felony and misdemeanor cases not previously destroyed. (G) Juvenile proceedings not otherwise provided for in this subdivision shall be kept for 5 years after the last entry or until the child reaches the age of majority, whichever is later. (H) Marriage dissolutions — 10 years from the last record activity. The court may authorize destruction of court records not involving alimony, support, or custody of children 5 years from the last record

activity. (2) For district courts of appeal (A) 2 years — noncriminal court records. (B) 5 years — Criminal court records. (3) For the Supreme Court (A) 5 years — All cases disposed of by order not otherwise provided for in this rule. (B) 10 years — Cases disposed of by order involving individuals licensed or regulated by the court and noncriminal court records involving the unauthorized practice of law. (d) Records to Be Retained Permanently. The following court records shall be permanently recorded or permanently retained: (1) progress dockets, and other similar records generated to document activity in a case, and (2) court records of the supreme court in which the case was disposed of by opinion. (e) Court Reporters’ Notes. Court reporters or persons acting as court reporters for judicial or discovery proceedings shall retain the original notes or electronic records of the proceedings or depositions until the times specified below: (1) 2 years from the date of preparing the transcript — Judicial proceedings, arbitration hearings, and discovery proceedings when an original transcript has been prepared. (2) 10 years — Judicial proceedings in felony cases when a transcript has not been prepared. (3) 5 years — All other judicial proceedings, arbitration hearings, and discovery proceedings when a transcript has not been prepared. When an agreement has been made between the reporter and any other person and the person has paid the reasonable charges for storage and retention of the notes, the notes or records shall be kept for any longer time agreed on. All reporters’ notes shall be retained in a secure place in

Florida. (f) Exhibits. (1) Exhibits in criminal proceedings shall be disposed of as provided by law. (2) All other exhibits shall be retained by the clerk until 90 days after a judgment has become final. If an exhibit is not withdrawn pursuant to subdivision (i) within 90 days, the clerk may destroy or dispose of the exhibits after giving the parties or their attorneys of record 30 days’ notice of the clerk’s intention to do so. Exhibits shall be delivered to any party or attorney of record calling for them during the 30-day time period. (g) Disposition Other Than Destruction. Before destruction or disposition of court records under this rule, any person may apply to the court for an order requiring the clerk to deliver to the applicant the court records that are to be destroyed or disposed of. All parties shall be given notice of the application. The court shall dispose of that court record as appropriate. (h) Release of Court Records. This rule does not limit the power of the court to release exhibits or other parts of court records that are the property of the person or party initially placing the items in the court records. The court may require copies to be substituted as a condition to releasing the court records under this subdivision. (i) Right to Expunge Records. Nothing in this rule shall affect the power of the court to order records expunged. (j) Sealed Records. No record which has been sealed from public examination by order of court shall be destroyed without hearing after such notice as the court shall require. (k) Destruction of Jury Notes. At the conclusion of the trial and promptly following discharge of the jury, the court shall collect all juror notes and immediately destroy the juror notes.

« Pt. IV. », « Rule 2.440. » Fla. R. Gen. Prac. & Jud. Admin. 2.440

RULE 2.440. RETENTION OF ADMINISTRATIVE RECORDS.

JUDICIAL

BRANCH

(a) Definitions. (1) “Judicial branch” means the judicial branch of government, which includes the state courts system, the clerk of court when acting as an arm of the court, The Florida Bar, the Florida Board of Bar Examiners, the Judicial Qualifications Commission, and all other entities established by or operating under the authority of the supreme court or the chief justice. (2) “Records of the judicial branch” means all records, regardless of physical form, characteristics, or means of transmission, made or received in connection with the transaction of official business by any judicial branch entity and consists of: (A) “court records,” which means the contents of the court file, including the progress docket and other similar records generated to document activity in a case, transcripts filed with the clerk, documentary exhibits in the custody of the clerk, and electronic records, videotapes, or stenographic tapes of depositions or other proceedings filed with the clerk, and electronic records, videotapes, or stenographic tapes of court proceedings; and (B) “administrative records,” which means all other records made or received pursuant to court rule, law, or ordinance, or in connection with the transaction of official business by any judicial branch entity. (b) Retention requirements. Administrative records in the judicial branch shall be retained in accordance with the Judicial Branch Records Retention Schedule approved by the supreme court. COURT COMMENTARY 2002 Commentary. This rule does not apply to court records and files that are governed by rule 2.075 [renumbered as 2.430 in 2006]. This rule applies to administrative records.

To provide a consistent schedule for retention of administrative records in the judicial branch, the Supreme Court Workgroup on Public Records recommended that the Court adopt the Judicial Branch Records Retention Schedule. This schedule uses the legislatively authorized Department of State retention schedules, as appropriate, and includes a schedule for other records that are unique to the judicial branch. [This schedule is set forth at the end of these rules.]

« Pt. IV. », « Rule 2.450. » Fla. R. Gen. Prac. & Jud. Admin. 2.450

RULE 2.450. TECHNOLOGICAL COVERAGE OF JUDICIAL PROCEEDINGS. (a) Electronic and Still Photography Allowed. Subject at all times to the authority of the presiding judge to: (i) control the conduct of proceedings before the court; (ii) ensure decorum and prevent distractions; and (iii) ensure the fair administration of justice in the pending cause, electronic media and still photography coverage of public judicial proceedings in the appellate and trial courts of this state shall be allowed in accordance with the following standards of conduct and technology promulgated by the Supreme Court of Florida. (b) Equipment and Personnel. (1) At least 1 portable television camera, operated by not more than 1 camera person, shall be permitted in any trial or appellate court proceeding. The number of permitted cameras shall be within the sound discretion and authority of the presiding judge. (2) Not more than 1 still photographer, using not more than 2 still cameras, shall be permitted in any proceeding in a trial or appellate court. (3) Not more than 1 audio system for radio broadcast purposes shall be permitted in any proceeding in a trial or appellate court. Audio pickup for all media purposes shall be accomplished from existing audio systems present in the court facility. If no technically suitable audio system exists in the court facility, microphones and related wiring essential for media purposes shall be unobtrusive and shall be located in places designated in advance of any proceeding by the chief judge of the judicial circuit or district in which the court facility is located. (4) Any “pooling” arrangements among the media required by these limitations on equipment and personnel shall be the sole responsibility of the media without calling upon the presiding judge to mediate any dispute as to the appropriate media representative or equipment authorized to cover a particular proceeding. In the absence of advance media agreement on disputed equipment or personnel issues, the presiding judge shall exclude

all contesting media personnel from a proceeding. (c) Sound and Light Criteria. (1) Only television photographic and audio equipment that does not produce distracting sound or light shall be used to cover judicial proceedings. No artificial lighting device of any kind shall be used in connection with the television camera. (2) Only still camera equipment that does not produce distracting sound or light shall be used to cover judicial proceedings. No artificial lighting device of any kind shall be used in connection with a still camera. (3) It shall be the affirmative duty of media personnel to demonstrate to the presiding judge adequately in advance of any proceeding that the equipment sought to be used meets the sound and light criteria enunciated in this rule. A failure to obtain advance judicial approval for equipment shall preclude its use in any proceeding. (d) Location of Equipment Personnel. (1) Television camera equipment shall be positioned in such location in the court facility as shall be designated by the chief judge of the judicial circuit or district in which such facility is situated. The area designated shall provide reasonable access to coverage. If and when areas remote from the court facility that permit reasonable access to coverage are provided, all television camera and audio equipment shall be positioned only in such area. Videotape recording equipment that is not a component part of a television camera shall be located in an area remove from the court facility. (2) A still camera photographer shall position himself or herself in such location in the court facility as shall be designated by the chief judge of the judicial circuit or district in which such facility is situated. The area designated shall provide reasonable access to coverage. Still camera photographers shall assume a fixed position within the designated area and, once established in a shooting position, shall act so as not to call attention to themselves through further movement. Still camera photographers shall not be permitted to move about in order to obtain photographs of court proceedings. (3) Broadcast media representatives shall not move about the court facility while proceedings are in session, and microphones or taping

equipment once positioned as required by subdivision (b)(3) shall not be moved during the pendency of the proceeding. (e) Movement During Proceedings. News media photographic or audio equipment shall not be placed in or removed from the court facility except before commencement or after adjournment of proceedings each day, or during a recess. Neither television film magazines nor still camera film or lenses shall be changed within a court facility except during a recess in the proceeding. (f) Courtroom Light Sources. With the concurrence of the chief judge of a judicial circuit or district in which a court facility is situated, modifications and additions may be made in light sources existing in the facility, provided such modifications or additions are installed and maintained without public expense. (g) Conferences of Counsel. To protect the attorney-client privilege and the effective right to counsel, there shall be no audio pickup or broadcast of conferences that occur in a court facility between attorneys and their clients, between co-counsel of a client, or between counsel and the presiding judge held at the bench. (h) Impermissible Use of Media Material. None of the film, videotape, still photographs, or audio reproductions developed during or by virtue of coverage of a judicial proceeding shall be admissible as evidence in the proceeding out of which it arose, in any proceeding subsequent or collateral thereto, or upon retrial or appeal of such proceedings. (i) Appellate Review. Review of an order excluding the electronic media from access to any proceeding, excluding coverage of a particular participant, or upon any other matters arising under these standards shall be pursuant to Florida Rule of Appellate Procedure 9.100(d). COURT COMMENTARY 1994 Amendment. This rule was copied from Canon 3A(7) of the Code of Judicial Conduct. Canon 3A(7) represented a departure from former Canon 3A(7) [ABA Canon 35]. The former canon generally proscribed electronic media and still photography coverage of judicial proceedings from within and in areas immediately adjacent to the courtroom, with three categories of

exceptions - (a) use for judicial administration, (b) coverage of investitive, ceremonial, and naturalization proceedings, and (c) use for instructional purposes in educational institutions. Subject to the limitations and promulgation of standards as mentioned therein, the revised canon constituted a general authorization for electronic media and still photography coverage for all purposes, including the purposes expressed as exceptions in the former canon. Limited only by the authority of the presiding judge in the exercise of sound discretion to prohibit filming or photographing of particular participants, consent of participants to coverage is not required. The text of the rule refers to public judicial proceedings. This is in recognition of the authority reposing in the presiding judge, upon the exercise of sound discretion, to hold certain judicial proceedings or portions thereof in camera, and in recognition of the fact that certain proceedings or portions thereof are made confidential by statute. The term “presiding judge” includes the chief judge of an appellate tribunal.

« Pt. IV. », « Rule 2.451. • Fla. R. Gen. Prac. & Jud. Admin. 2.451

RULE 2.451. USE OF ELECTRONIC DEVICES. (a) Electronic Devices Defined. An electronic device is any device capable of making or transmitting still or moving photographs, video recordings, or images of any kind; any device capable of creating, transmitting, or receiving text or data; and any device capable of receiving, transmitting, or recording sound. Electronic devices include, without limitation, film cameras, digital cameras, video cameras, any other type of camera, cellular telephones, tape recorders, digital voice recorders, any other type of audio recorders, laptop computers, personal digital assistants, or other similar technological devices with the ability to make or transmit video recordings, audio recordings, images, text, or data. (b) Use of Electronic Devices by Jurors During Proceedings Conducted In Person. If jurors participate in a court proceeding in person, the following provisions govern: (1) Electronic devices may be removed as directed by the presiding judge from all members of a jury panel at any time before deliberations, but such electronic devices must be removed from all members of a jury panel before jury deliberations begin. The electronic devices will be removed and appropriately secured by the bailiff or other person designated by the chief judge. (2) Any electronic devices removed from members of a jury panel may be returned to the members of the jury panel during recesses in the trial. When jurors are sequestered, the presiding judge may determine whether the electronic devices will be removed from jurors during any portion of sequestration. (3) From the time a person reports for jury service until the person is discharged from jury service, that person is prohibited from using electronic devices for any of the following purposes: (A) making or transmitting still or moving photographs, audio recordings, video recordings, or images of any kind of the court proceedings;

(B) transmitting or accessing text or data during the court proceedings; (C) transmitting or accessing text or data about the case on which the juror is serving; (D) researching, transmitting, or accessing information about the case on which the juror is serving; (E) otherwise communicating about the case on which the juror is serving; or (F) otherwise communicating about the jury deliberations. (4) Nothing in this rule is to be construed to limit or impair the authority of a chief judge or presiding judge to grant permission to a juror to retain his or her electronic device during trial proceedings. (5) The jury summons mailed to prospective jurors should contain a notice that electronic devices will be removed from all members of a jury panel before jury deliberations begin and as directed by the presiding judge, may be removed at other stages of a trial. At the beginning of the trial, the presiding judge should advise the jury panel about the removal of electronic devices. (c) Use of Electronic Devices by Jurors During Proceedings Conducted by Audio-Video Communication Technology. When prospective jurors participate in voir dire or empaneled jurors participate in a trial through audio-video communication technology as described in rule 2.530(c) and authorized by another rule of procedure, the following provisions govern: (1) Presiding judges should ensure that the prospective and empaneled jurors have the technical ability and means necessary to connect to and participate in the court proceeding. (2) Prospective and empaneled jurors may not use an electronic device during a court proceeding, except for the sole purpose of participating in the court proceeding, unless otherwise authorized by the presiding judge. When empaneled jurors are sequestered, the presiding judge may determine whether any electronic devices may be used by those jurors during any portion of sequestration. (3) Prospective and empaneled jurors are subject to the prohibitions

specified in subdivision (b)(3). (4) Nothing in this rule is to be construed to limit or impair the authority of a chief judge or presiding judge to grant permission to a prospective or an empaneled juror to use his or her electronic device during a court proceeding. (5) The jury summons mailed to prospective jurors who may participate in voir dire or trial through audio-video communication technology should contain a notice indicating that electronic devices may not be used during those court proceedings except for the sole purpose of participating in the court proceeding, unless otherwise authorized by the presiding judge. The summons should also indicate that the use of electronic devices may be prohibited by a presiding judge during a period of sequestration. At the beginning of voir dire and trial, the presiding judge should advise the prospective and empaneled jurors about the prohibition against using electronic devices during the court proceeding for any purpose other than participating in the court proceeding. (d) Use of Electronic Devices by Others. (1) The use of electronic devices in a courtroom is subject at all times to the authority of the presiding judge or quasi-judicial officer to (A) control the conduct of proceedings before the court; (B) ensure decorum and prevent distractions; and (C) ensure the fair administration of justice in the pending cause. (2) The use of electronic devices in a courthouse or court facility is subject at all times to the authority of the chief judge to (A) ensure decorum and prevent distractions; (B) ensure the fair administration of justice; and (C) preserve court security. COURT COMMENTARY 2013 Adoption. Subdivision (c), Use of Electronic Devices by Others, parallels Florida Rule of Judicial Administration 2.450(a) regarding the use of electronic devices by the media.

« Pt. V. » Florida Rules of General Practice & Judicial Admin, Pt. V

PART V. PRACTICE OF LAW « Pt. A. » Florida Rules of General Practice & Judicial Admin, Pt. V, Pt. A

PART A. ATTORNEYS « Pt. A. », • Rule 2.505. » Fla. R. Gen. Prac. & Jud. Admin. 2.505

RULE 2.505. ATTORNEYS. (a) Scope and Purpose. All persons in good standing as members of The Florida Bar shall be permitted to practice in Florida. Attorneys of other states who are not members of the Florida Bar in good standing shall not engage in the practice of law in Florida except to the extent permitted by rule 2.510. (b) Persons Employed by the Court. Except as provided in this subdivision, no full-time employee of the court shall practice as an attorney in any court or before any agency of government while continuing in that position. Any attorney designated by the chief justice or chief judge may represent the court, any court employee in the employee’s official capacity, or any judge in the judge’s official capacity, in any proceeding in which the court, employee, or judge is an interested party. An attorney formerly employed by a court shall not represent anyone in connection with a matter in which the attorney participated personally and substantially while employed by the court, unless all parties to the proceeding consent after disclosure. (c) Attorney Not to Be Surety. No attorneys or other officers of court shall enter themselves or be taken as bail or surety in any proceeding in court. (d) Stipulations. No private agreement or consent between parties or their attorneys concerning the practice or procedure in an action shall be of any force unless the evidence of it is in writing, subscribed by the party or the party’s attorney against whom it is alleged. Parol agreements may be made before the court if promptly made a part of the record or incorporated in the stenographic notes of the proceedings, and agreements made at depositions that are incorporated in the transcript need not be signed when signing of the deposition is waived. This rule shall not apply to settlements or other substantive agreements. (e) Appearance of Attorney. An attorney may appear for a party in an action or proceeding in any of the following ways: (1) First Pleading or Document. Signing the first pleading or other

document filed on behalf of a party. (2) Notice of Appearance. Filing a notice of appearance on behalf of a party. (3) Order on Substitution of Counsel. Filing of a written order by the court, that reflects written consent of the client. The court may condition substitution of counsel upon payment of or grant of security for the substituted attorney’s fees and expenses or upon such other terms as may be just. (4) Notice of Substitution of Counsel. Filing a notice of substitution of counsel when the substituting attorney is from the same law firm, company, or governmental agency as the replaced attorney. (5) Notice of Limited Appearance. Filing a notice of limited appearance as permitted by another rule of court. (6) Appearance as Stand-In Counsel. Appearing as stand-in counsel pursuant to subdivision (g). (f) Termination of Appearance of Attorney. An appearance of an attorney for a party in an action or proceeding shall terminate only upon: (1) Withdrawal of Attorney. A written order of the court after hearing upon a motion setting forth reasons for withdrawal and the client’s last known address, telephone number, and e-mail address. (2) Substitution of Attorney. Substitution of counsel pursuant to subdivision (e)(3) or (e)(4). (3) Termination of Proceeding. Termination of an action or proceeding and expiration of any applicable time for appeal when no appeal is taken, without any further action of the court unless otherwise required by another rule of court. (4) Termination of Post-Judgment Appearance. (A) In non-criminal matters in which an attorney has appeared after entry of judgment, filing of a notice of termination of appearance. (B) In matters governed by the rules of criminal or juvenile procedure in which an attorney has appeared after entry of a judgment, entry of a written order of the court after hearing upon a motion setting forth the

reasons for withdrawal. (5) Termination of Limited Appearance. Filing a notice of termination of limited appearance in an action or proceeding in which an attorney has filed a notice of limited appearance pursuant to subdivision (e)(5). (6) Termination of Hearing. Conclusion of a hearing or proceeding in which an attorney has appeared as stand-in counsel pursuant to subdivision (g). (g) Stand-In Counsel. An attorney may stand in for another attorney to cover a proceeding or hearing only if a notice of stand-in counsel is filed or the appearance of stand-in counsel is reflected on a record maintained by the court or by the clerk of court. A stand-in attorney from the same law firm, company, or governmental agency as an attorney of record is not required to file a notice of stand-in counsel. (h) Attorney as Agent of Client. An attorney appearing in an action or proceeding pursuant to subdivisions (e)(1)-(e)(6) is the agent authorized to bind the client for purposes of the action, hearing, or proceeding. (i) Attorney of Record. An attorney appearing in an action or proceeding pursuant to subdivisions (e)(1)-(e)(5) is an attorney of record for the party for the matters specified. (j) Law Student and Certified Legal Intern Participation. Eligible law students shall be permitted to participate as provided under the conditions of chapter 11 of the Rules Regulating The Florida Bar as amended from time to time. COURT COMMENTARY 1997 Amendment. Originally, the rule provided that the followup filing had to occur within ten days. In the 1997 amendment to the rule, that requirement was modified to provide that the follow-up filing must occur “immediately” after a document is electronically filed. The “immediately thereafter” language is consistent with language used in the rules of procedure where, in a somewhat analogous situation, the filing of a document may occur after service. See, e.g., Florida Rule of Civil Procedure 1.080(d) (“All original papers shall be filed with the court either before service or immediately thereafter.”) (emphasis added). “Immediately thereafter” has

been interpreted to mean “filed with reasonable promptness.” Miami Transit Co. v. Ford, 155 So. 2d 360 (Fla. 1963). The use of the words “other person” in this rule is not meant to allow a nonlawyer to sign and file pleadings or other papers on behalf of another. Such conduct would constitute the unauthorized practice of law. 2003 Amendment. Rule Regulating the Florida Bar 4-1.12(c), which addresses the imputed disqualification of a law firm, should be looked to in conjunction with the rule 2.060(b) [renumbered as 2.505(b) in 2006] restriction on representation by a former judicial staff attorney or law clerk.

« Pt. A. », « Rule 2.510. • Fla. R. Gen. Prac. & Jud. Admin. 2.510

RULE 2.510. FOREIGN ATTORNEYS. (a) Eligibility. Upon filing a verified motion with the court, an attorney who is an active member in good standing of the bar of another state and currently eligible to practice law in a state other than Florida may be permitted to appear in particular cases in a Florida court upon such conditions as the court may deem appropriate, provided that a member of The Florida Bar in good standing is associated as an attorney of record. The foreign attorney must make application in each court in which a case is filed even if a lower tribunal granted a motion to appear in the same case. In determining whether to permit a foreign attorney to appear pursuant to this rule, the court may consider, among other things, information provided under subdivision (b)(3) concerning discipline in other jurisdictions. No attorney is authorized to appear pursuant to this rule if the attorney (1) is a Florida resident, unless the attorney has an application pending for admission to The Florida Bar and has not previously been denied admission to The Florida Bar; (2) is a member of The Florida Bar but is ineligible to practice law; (3) has previously been disciplined or held in contempt by reason of misconduct committed while engaged in representation permitted pursuant to this rule provided, however, the contempt is final and has not been reversed or abated; (4) has failed to provide notice to The Florida Bar or pay the fees described in the Rules Regulating The Florida Bar concerning non-Florida lawyers’ appearances in a Florida court; or (5) is engaged in a “general practice” before Florida courts. For purposes of this rule, more than 3 appearances within a 365-day period in separate cases shall be presumed to be a “general practice.” Appearances at different levels of the court system in the same case shall be deemed 1 appearance for the purposes of determining whether a foreign attorney has made more than 3 appearances within a 365-day period. In cases involving indigent or pro bono clients, the court may waive the fees for good cause shown. This rule shall not affect the eligibility of a foreign attorney to appear in a Florida court when authorized by federal law. (b) Contents of Verified Motion. A form verified motion accompanies this rule and must be utilized by the foreign attorney. Within 10 days of discovering any information which is different than the representations made

in the verified motion, the foreign attorney must supplement the motion with the new information. The supplemental information must be filed with the court and The Florida Bar. The obligation to supplement the motion exists until the motion is denied or the foreign attorney is no longer counsel in the case. The verified motion required by subdivision (a) must include: (1) a statement identifying all jurisdictions in which the attorney is an active member in good standing and currently eligible to practice law, including all assigned bar numbers and attorney numbers, for which a certificate of good standing is not required; (2) a statement identifying by date, case name, and case number all other matters in Florida state courts in which pro hac vice admission has been sought in the preceding 5 years, including any lower tribunals for the case in which the motion is filed, and whether such admission was granted or denied; (3) a statement identifying all jurisdictions in which a judicial officer or the entity responsible for attorney regulation: (A) initiated disciplinary, suspension, disbarment, or contempt proceedings against the attorney in the preceding 5 years including the date on which the proceeding was initiated, the nature of the alleged violation, and the result of the proceeding including any sanction, or (B) disciplined, suspended, disbarred, or held in contempt the attorney in the preceding 5 years including the date on which the sanction was entered and the nature of the violation; (4) a statement identifying the date on which the legal representation at issue commenced, and the party or parties represented; (5) a statement that all applicable provisions of these rules and the rules regulating the Florida bar have been read, and that the verified motion complies with those rules; (6) the name, record bar address, and membership status of the Florida bar member or members associated for purposes of the representation; (7) a certificate indicating service of the verified motion upon The Florida Bar and all counsel of record in the matter in which leave to appear pro hac vice is sought and payment of the fees described in the Rules

Regulating The Florida Bar concerning non-Florida lawyer appearances in a Florida court or notice that the movant has requested a judicial waiver of said fees; and (8) a verification by the attorney seeking to appear pursuant to this rule and the signature of the Florida bar member or members associated for purposes of the representation. IN THE __________________ COURT OF THE __________________ JUDICIAL CIRCUIT, __________________ IN AND FOR _____________________, COUNTY, FLORIDA ______________________ Plaintiff Case No. _____________________________ vs. Division _____________________________ ______________________ Defendant VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE PURSUANT TO FLORIDA RULE OF GENERAL PRACTICE AND JUDICIAL ADMINISTRATION 2.510 Comes now ______________________________, Movant herein, and respectfully represents the following: 1. [ ] Movant resides in (City) , (State) . Movant. is not a resident of the State of Florida. [ ] Movant is a resident of the State of Florida and has an application pending for admission to The Florida Bar and has not previously been denied admission to The Florida Bar. 2. Movant is an attorney and a member of the law firm of (or practices law under the name of) ___________________________, with offices at (Street Address) , (City) , (County) , (State) , (Zip Code) , (Telephone) .

3. Movant has been retained personally or as a member of the abovenamed law firm on (Date Representation Commenced) by (Name of Party or Parties) to provide legal representation in connection with the abovestyled matter now pending before the above-named court of the State of Florida. 4. Movant is an active member in good standing and currently eligible to practice law in the following jurisdiction(s): Include attorney or bar number(s). (Attach an additional sheet if necessary.) JURISDICTION ATTORNEY/BAR NUMBER _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ 5. A judicial officer or the entity responsible for attorney regulation has neither initiated disciplinary, suspension, disbarment or contempt proceedings or disciplined, suspended, disbarred or held Movant in contempt in the preceding 5 years, except as provided below (give jurisdiction of proceeding, date upon which proceeding was initiated, nature of alleged violation, statement of whether the proceeding has concluded or is still pending, and sanction, if any, imposed): (Attach an additional sheet if necessary.) _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ 6. Movant, either by resignation, withdrawal, or otherwise, never has terminated or attempted to terminate Movant’s office as an attorney in order to avoid administrative, disciplinary, disbarment, or suspension proceedings. 7. Movant is not an inactive member of The Florida Bar.

8. Movant is not now a member of The Florida Bar. 9. Movant is not a suspended member of The Florida Bar. 10. Movant is not a disbarred member of The Florida Bar nor has Movant received a disciplinary resignation or disciplinary revocation from The Florida Bar. 11. Movant has not previously been disciplined or held in contempt by reason of misconduct committed while engaged in representation pursuant to Florida Rule of General Practice and Judicial Administration 2.510, except as provided below (give date of disciplinary action or contempt, reasons therefor, and court imposing contempt): (Attach an additional sheet if necessary.) (Attach an additional sheet if necessary.) _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ 12. Movant has filed motion(s) to appear as counsel in Florida state courts during the past five (5) years in the following matters: (Attach an additional sheet if necessary) Date of Motion Case Name Case Number Court Date Motion Granted/Denied _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ 13. Local counsel of record associated with Movant in this matter is (Name and Florida Bar Number) who is an active member in good standing of The Florida Bar and has offices at (Street Address) , (City) , (County) ,

(State) , (Zip Code)

(Telephone with area code) .

(If local counsel is not an active member of The Florida Bar in good standing, please provide information as to local counsel’s membership status. ____________________) 14. Movant has read the applicable provisions of Florida Rule of General Practice and Judicial Administration 2.510 and Rule 1-3.10 of the Rules Regulating The Florida Bar and certifies that this verified motion complies with those rules. 15. Movant agrees to comply with the provisions of the Florida Rules of Professional Conduct and consents to the jurisdiction of the courts and the Bar of the State of Florida. WHEREFORE, Movant respectfully requests permission to appear in this court for this cause only. DATED this _________ day of ____________________, 20____ . _____________________________ Movant _____________________________ Address _____________________________ Address _____________________________ City, State, Zip Code _____________________________ Telephone Number _____________________________ E-mail Address STATE OF _____________________ COUNTY OF _____________________

I, __________________, do hereby swear or affirm under penalty of perjury that I am the Movant in the above-styled matter; that I have read the foregoing Motion and know the contents thereof, and the contents are true of my own knowledge and belief. _____________________________ Movant I hereby consent to be associated as local counsel of record in this cause pursuant to Florida Rule of General Practice and Judicial Administration 2.510. DATED this _________ day of ____________________, 20____. _____________________________ Local Counsel of Record _____________________________ Address _____________________________ Address _____________________________ City, State, Zip Code _____________________________ Telephone Number _____________________________ Florida Bar Number _____________________________ E-mail Address CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing motion was served by mail to PHV Admissions, The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2333 and by (e-mail) (delivery) (mail)

(fax) to (name of attorney or party if not represented) , and that the movant has paid the fees described in the Rules Regulating The Florida Bar concerning non-Florida lawyer appearances in a Florida court or has notified The Florida Bar of movant’s request for a judicial waiver of said fees. _____________________________ _____________________________ _____________________________ this __________________ day of __________________, 20 _________ . _____________________________ Movant

« Pt. B. • Florida Rules of General Practice & Judicial Admin, Pt. V, Pt. B

PART B. PRACTICE AND LITIGATION PROCEDURES « Pt. B. •, • Rule 2.514. » Fla. R. Gen. Prac. & Jud. Admin. 2.514

RULE 2.514. COMPUTING AND EXTENDING TIME. (a) Computing Time. The following rules apply in computing time periods specified in any rule of procedure, local rule, court order, or statute that does not specify a method of computing time. (1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time: (A) begin counting from the next day that is not a Saturday, Sunday, or legal holiday; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, or falls within any period of time extended through an order of the chief justice under Florida Rule of General Practice and Judicial Administration 2.205(a)(2)(B)(iv), the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday and does not fall within any period of time extended through an order of the chief justice. (2) Period Stated in Hours. When the period is stated in hours (A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (C) if the period would end on a Saturday, Sunday, or legal holiday, or during any period of time extended through an order of the chief justice under Florida Rule of General Practice and Judicial Administration 2.205(a)(2)(B)(iv), the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday and does not fall within any period of time extended through an

order of the chief justice. (3) Period Stated in Days Less Than Seven Days. When the period stated in days is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. (4) “Last Day” Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends (A) for electronic filing or for service by any means, at midnight; and (B) for filing by other means, when the clerk’s office is scheduled to close. (5) “Next Day” Defined. The “next day” is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. (6) “Legal Holiday” Defined. “Legal holiday” means (A) the day set aside by section 110.117, Florida Statutes, for observing New Year’s Day, Martin Luther King, Jr.’s Birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, the Friday after Thanksgiving Day, or Christmas Day, and (B) any day observed as a holiday by the clerk’s office or as designated by the chief judge. (b) Additional Time after Service by Mail. When a party may or must act within a specified time after service and service is made by mail, 5 days are added after the period that would otherwise expire under subdivision (a).

« Pt. B. •, « Rule 2.515. » Fla. R. Gen. Prac. & Jud. Admin. 2.515

RULE 2.515. SIGNATURE AND CERTIFICATES OF ATTORNEYS AND PARTIES. (a) Attorney’s Signature and Certificates. Every document of a party represented by an attorney must be signed by at least 1 attorney of record in that attorney’s individual name whose current record Florida Bar address, telephone number, including area code, primary e-mail address and secondary e-mail addresses, if any, and Florida Bar number must be stated, and who must be duly licensed to practice law in Florida or who must have received permission to appear in the particular case as provided in rule 2.510. The attorney may be required by the court to give the address and primary email address and secondary e-mail addresses, if any, of, and to vouch for the attorney’s authority to represent, the party. Except when otherwise specifically provided by an applicable rule or statute, documents need not be verified or accompanied by affidavit. The signature of an attorney shall constitute a certificate by the attorney that: (1) the attorney has read the document; (2) to the best of the attorney’s knowledge, information, and belief there is good ground to support the document; (3) the document is not interposed for delay; and (4) the document contains no confidential or sensitive information, or that any such confidential or sensitive information has been properly protected by complying with the provisions of rules 2.420 and 2.425. If a document is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken and the action may proceed as though the document had not been served. (b) Pro Se Litigant Signature. A party who is not represented by an attorney must sign any document and state the party’s address; primary email address and secondary e-mail addresses, if any; and telephone number, including area code. (c) Form of Signature. (1) The signatures required on documents by subdivisions (a) and (b) of

this rule may be: (A) original signatures; (B) original signatures that have been reproduced by electronic means, such as on electronically transmitted documents or photocopied documents; (C) an electronic signature indicator using the “/s/,” “s/,” or “/s” [name] formats authorized by the person signing a document electronically served or filed; or (D) any other signature format authorized by general law, so long as the clerk where the proceeding is pending has the capability of receiving and has obtained approval from the Supreme Court of Florida to accept pleadings and documents with that signature format. (2) By serving a document, or by filing a document by electronic transmission using an attorney’s assigned electronic filing credentials: (A) that attorney certifies compliance with subdivision (a)(1) through (a)(4) and accepts responsibility for the document for all purposes under this rule; (B) that attorney certifies compliance with all rules of procedure regarding service of the document on attorneys and parties; (C) that attorney certifies that every person identified as a signer in the document as described in subdivision (c)(1)(C) has authorized such signature; and (D) every signing attorney is as responsible for the document as if that document had been served by such signing attorney or filed using the assigned electronic filing credentials of such signing attorney.

« Pt. B. •, « Rule 2.516. » Fla. R. Gen. Prac. & Jud. Admin. 2.516

RULE 2.516. SERVICE OF PLEADINGS AND DOCUMENTS. (a) Service; When Required. Unless the court otherwise orders, or a statute or supreme court administrative order specifies a different means of service, every pleading subsequent to the initial pleading and every other document filed in any court proceeding, except applications for witness subpoenas and documents served by formal notice or required to be served in the manner provided for service of formal notice, must be served in accordance with this rule on each party. No service need be made on parties against whom a default has been entered, except that pleadings asserting new or additional claims against them must be served in the manner provided for service of summons. (b) Service; How Made. When service is required or permitted to be made upon a party represented by an attorney, service must be made upon the attorney unless service upon the party is ordered by the court. (1) Service by Electronic Mail (“e-mail”). All documents required or permitted to be served on another party must be served by e-mail, unless the parties otherwise stipulate or this rule otherwise provides. A filer of an electronic document has complied with this subdivision if the Florida Courts e-filing Portal (“Portal”) or other authorized electronic filing system with a supreme court approved electronic service system (“e-Service system”) served the document by e-mail or provided a link by e-mail to the document on a website maintained by a clerk (“e-Service”). The filer of an electronic document must verify that the Portal or other e-Service system uses the names and e-mail addresses provided by the parties pursuant to subdivision (b)(1)(A). (A) Service on Attorneys. Unless excused pursuant to subdivision (b) (1)(B), upon appearing in a proceeding an attorney must designate a primary e-mail address and may designate no more than two secondary e-mail addresses and is responsible for the accuracy of and changes to that attorney’s own e-mail addresses maintained by the Portal or other eService system. Thereafter, service must be directed to all designated email addresses in that proceeding. Every document filed or served by an

attorney thereafter must include the primary e-mail address of that attorney and any secondary e-mail addresses. If an attorney does not designate any e-mail address for service, documents may be served on that attorney at the e-mail address on record with The Florida Bar. (B) Exception to E-mail Service on Attorneys. Upon motion by an attorney demonstrating that the attorney has no e-mail account and lacks access to the Internet at the attorney’s office, the court may excuse the attorney from the requirements of e-mail service. Service on and by an attorney excused by the court from e-mail service must be by the means provided in subdivision (b)(2). (C) Service on and by Parties Not Represented by an Attorney. Unless excused pursuant to subdivision (b)(1)(D), any party not represented by an attorney must serve a designation of a primary e-mail address and also may designate no more than two secondary e-mail addresses to which service must be directed in that proceeding by the means provided in subdivision (b)(1) of this rule. (D) Exceptions to E-mail Service on and by Parties Not Represented by an Attorney. (i) A party who is in custody and who is not represented by an attorney is excused from the requirements of e-mail service. (ii) The clerk of court must excuse a party who is not represented by an attorney from the requirements of e-mail service if the party declares on Florida Rule of General Practice and Judicial Administration Form 2.601, under penalties of perjury, that the party does not have an e-mail account or does not have regular access to the Internet. The clerks of court shall make this form available to the public at their offices and on their websites. If a party not represented by an attorney is excused from e-mail service, service on and by that party must be by the means provided in subdivision (b)(2). (E) Time of Service. Service by e-mail is complete on the date it is sent. (i) If, however, the e-mail is sent by the Portal or other e-Service system, service is complete on the date the served document is

electronically filed. (ii) If the person required to serve a document learns that the e-mail was not received by an intended recipient, the person must immediately resend the document to that intended recipient by e-mail, or by a means authorized by subdivision (b)(2) of this rule. (F) Format of E-mail for Service. Service of a document by e-mail is made by an e-mail sent to all addresses designated by the attorney or party not represented by an attorney with either (a) a copy of the document in PDF format attached or (b) a link to the document on a website maintained by a clerk. (i) All documents served by e-mail must be sent by an e-mail message containing a subject line beginning with the words “SERVICE OF COURT DOCUMENT” in all capital letters, followed by the case number and case style of the proceeding in which the documents are being served. (ii) The body of the e-mail must identify the court in which the proceeding is pending, the case number, the name of the initial party on each side, the title of each document served with that e-mail, and the name and telephone number of the person required to serve the document. (iii) Any document served by e-mail may be signed by any of the “/s/”, “/s”, or “s/” formats. (iv) Any e-mail which, together with its attached documents, exceeds the appropriate size limitations specified in the Florida Supreme Court Standards for Electronic Access to the Court, must be divided and sent as separate e-mails, no one of which may exceed the appropriate size limitations specified in the Florida Supreme Court Standards for Electronic Access to the Court and each of which must be sequentially numbered in the subject line. (2) Service by Other Means. In addition to, and not in lieu of, service by e-mail, service may also be made upon attorneys and parties not represented by an attorney by any of the means specified in this subdivision. If a document is served by more than one method of service, the computation of time for any response to the served document must be

based on the method of service that provides the shortest response time. Service on and by all parties who are not represented by an attorney and who are excused from e-mail service, and on and by all attorneys excused from e-mail service, must be made by delivering a copy of the document or by mailing it to the party or attorney at their last known address or, if no address is known, by noting the non-service in the certificate of service, and stating in the certificate of service that a copy of the served document may be obtained, on request, from the clerk of the court or from the party serving the document. Service by mail is complete upon mailing. Delivery of a copy within this rule is complete upon: (A) handing it to the attorney or to the party, (B) leaving it at the attorney’s or party’s office with a clerk or other person in charge thereof, (C) if there is no one in charge, leaving it in a conspicuous place therein, (D) if the office is closed or the person to be served has no office, leaving it at the person’s usual place of abode with some person of his or her family above 15 years of age and informing such person of the contents, or (E) transmitting it by facsimile to the attorney’s or party’s office with a cover sheet containing the sender’s name, firm, address, telephone number, and facsimile number, and the number of pages transmitted. When service is made by facsimile, a copy must also be served by any other method permitted by this rule. Facsimile service occurs when transmission is complete. (F) Service by delivery is deemed complete on the date of the delivery. (c) Service; Numerous Defendants. In actions when the parties are unusually numerous, the court may regulate the service contemplated by these rules on motion or on its own initiative in such manner as may be found to be just and reasonable. (d) Filing. All documents must be filed with the court either before service or immediately thereafter, unless otherwise provided for by general law or other rules. If the original of any bond or other document required to be an

original is not placed in the court file or deposited with the clerk, a certified copy must be so placed by the clerk. (e) Filing Defined. The filing of documents with the court as required by these rules must be made by filing them with the clerk in accordance with Rule 2.525, except that the judge may permit documents to be filed with the judge, in which event the judge must note the filing date before him or her on the documents and transmit them to the clerk. The date of filing is that shown on the face of the document by the judge’s notation or the clerk’s time stamp, whichever is earlier. (f) Certificate of Service. When any attorney certifies in substance: “I certify that the foregoing document has been furnished to (here insert name or names, addresses used for service, and mailing addresses) by (email) (delivery) (mail) (fax) on __________________ (date) ____________________ Attorney” the certificate is taken as prima facie proof of such service in compliance with this rule. (g) Service by Clerk. When the clerk is required to serve notices and other documents, the clerk may do so by e-mail as provided in subdivision (b)(1) or by any other method permitted under subdivision (b)(2). Service by a clerk is not required to be by e-mail. (h) Service of Orders. (1) A copy of all orders or judgments must be transmitted by the court or under its direction to all parties at the time of entry of the order or judgment. No service need be made on parties against whom a default has been entered except orders setting an action for trial and final judgments that must be prepared and served as provided in subdivision (h)(2). The court may require that orders or judgments be prepared by a party, may require the party to furnish the court with stamped, addressed envelopes for service of the order or judgment, and may require that proposed orders and judgments be furnished to all parties before entry by the court of the order or judgment. The court may serve any order or judgment by e-mail to all attorneys and parties not represented by an attorney who have not been

excused from e-mail service. (2) When a final judgment is entered against a party in default, the court must mail a conformed copy of it to the party. The party in whose favor the judgment is entered must furnish the court with a copy of the judgment, unless it is prepared by the court, with the address of the party to be served. If the address is unknown, the copy need not be furnished. (3) This subdivision is directory and a failure to comply with it does not affect the order or judgment, its finality, or any proceedings arising in the action.

« Pt. B. •, « Rule 2.520. » Fla. R. Gen. Prac. & Jud. Admin. 2.520

RULE 2.520. DOCUMENTS. (a) Electronic Filing Mandatory. All documents filed in any court shall be filed by electronic transmission in accordance with rule 2.525. “Documents” means pleadings, motions, petitions, memoranda, briefs, notices, exhibits, declarations, affidavits, orders, judgments, decrees, writs, opinions, and any paper or writing submitted to a court. (b) Type and Size. Documents subject to the exceptions set forth in rule 2.525(d) shall be legibly typewritten or printed, on only one side of letter sized (81/2 by 11 inch) white recycled paper with one inch margins and consecutively numbered pages. For purposes of this rule, paper is recycled if it contains a minimum content of 50 percent waste paper. Reduction of legalsize (81/2 by 14 inches) documents to letter size (81/2 by 11 inches) is prohibited. All documents filed by electronic transmission shall comply with rule 2.526 and be filed in a format capable of being electronically searched and printed in a format consistent with the provisions of this rule. (c) Exhibits. Any exhibit or attachment to any document may be filed in its original size. (d) Recording Space and Space for Date and Time Stamps. (1) On all documents prepared and filed by the court or by any party to a proceeding which are to be recorded in the public records of any county, including but not limited to final money judgments and notices of lis pendens, a 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-inch by 3-inch space at the top right-hand corner on each subsequent page shall be left blank and reserved for use by the clerk of court. (2) On all documents filed with the court, a 1-inch margin on all sides must be left blank for date and time stamps. (A) Format. Date and time stamp formats must include a single line detailing the name of the court or Portal and shall not include clerk seals. Date stamps must be 8 numerical digits separated by slashes with 2 digits for the month, 2 digits for the day, and 4 digits for the year. Time stamps must be

formatted in 12 hour time frames with a.m. or p.m. included. The font size and type must meet the Americans with Disabilities Act requirements. (B) Location. The Portal stamp shall be on the top left of the document. The Florida Supreme Court and district courts of appeal stamps shall be on the left margin horizontally. Any administrative agency stamp shall be on the right margin horizontally. The clerk’s stamp for circuit and county courts shall be on the bottom of the document. (C) Paper Filings. When a document is filed in paper as authorized by rule, the clerk may stamp the paper document in ink with the date and time of filing instead of, or in addition to, placing the electronic stamp as described in subdivision (B). The ink stamp on a paper document must be legible on the electronic version of the document, and must neither obscure the content or other date stamp, nor occupy space otherwise reserved by subdivision (B). (e) Exceptions to Recording Space. Any documents created by persons or entities over which the filing party has no control, including but not limited to wills, codicils, trusts, or other testamentary documents; documents prepared or executed by any public officer; documents prepared, executed, acknowledged, or proved outside of the State of Florida; or documents created by State or Federal government agencies, may be filed without the space required by this rule. (f) Noncompliance. No clerk of court shall refuse to file any document because of noncompliance with this rule. However, upon request of the clerk of court, noncomplying documents shall be resubmitted in accordance with this rule. COURT COMMENTARY 1989 Adoption. Rule 2.055 [renumbered as 2.520 in 2006] is new. This rule aligns Florida’s court system with the federal court system and the court systems of the majority of our sister states by requiring in subdivision (a) that all pleadings, motions, petitions, briefs, notices, orders, judgments, decrees, opinions, or other papers filed with any Florida court be submitted on paper measuring 8 ½ by 11 inches. Subdivision (e) provides a 1-year transition period from the effective date of January 1, 1990, to January 1, 1991, during which time filings that traditionally have been accepted on legal-size paper will be accepted on either legal- or letter-size paper. The 1-year transition

period was provided to allow for the depletion of inventories of legal-size paper and forms. The 1-year transition period was not intended to affect compliance with Florida Rule of Appellate Procedure 9.210(a)(1), which requires that typewritten appellate briefs be filed on paper measuring 8 ½ by 11 inches. Nor was it intended that the requirement of Florida Rule of Appellate Procedure 9.210(a)(1) that printed briefs measure 6 by 9 inches be affected by the requirements of subdivision (a). Subdivision (b), which recognizes an exception for exhibits or attachments, is intended to apply to documents such as wills and traffic citations which traditionally have not been generated on lettersize paper. Subdivision (c) was adopted to ensure that a 1 ½ inch square at the top right-hand corner of all filings is reserved for use by the clerk of court. Subdivision (d) was adopted to ensure that all papers and documents submitted for filing will be considered filed on the date of submission regardless of paper size. Subdivision (d) also ensures that after the 1-year transition period of subdivision (e), filings that are not in compliance with the rule are resubmitted on paper measuring 8 ½ by 11 inches. This rule is not intended to apply to those instruments and documents presented to the clerk of the circuit court for recording in the Official Records under section 28.222, Florida Statutes (1987). It is also not intended to apply to matters submitted to the clerk of the circuit court in the capacity as ex officio clerk of the board of county commissioners pursuant to article VIII, section (1)(d), Florida Constitution. 1996 Amendment. Subdivision (c) was amended to make the blank space requirements for use by the clerk of the court consistent with section 695.26, Florida Statutes (1995). Subdivision (e) was eliminated because the transition period for letter-size and recycled paper was no longer necessary.

« Pt. B. •, « Rule 2.525. » Fla. R. Gen. Prac. & Jud. Admin. 2.525

RULE 2.525. ELECTRONIC FILING. (a) Definition. “Electronic transmission of documents” means the sending of information by electronic signals to, by or from a court or clerk which when received can be transformed and stored or transmitted on paper, microfilm, magnetic storage device, optical imaging system, CD-ROM, flash drive, other electronic data storage system, server, case maintenance system (“CM”), electronic court filing (“ECF”) system, statewide or local electronic portal (“e-portal”), or other electronic record keeping system authorized by the supreme court in a format sufficient to communicate the information on the original document in a readable format. Electronic transmission of documents includes electronic mail (“e-mail”) and any internet-based transmission procedure, and may include procedures allowing for documents to be signed or verified by electronic means. (b) Application. Only the electronic filing credentials of an attorney who has signed a document may be used to file that document by electronic transmission. Any court or clerk may accept the electronic transmission of documents for filing and may send documents by electronic transmission after the clerk, together with input from the chief judge of the circuit, has obtained approval of the procedures, programs, and standards for electronic filing from the supreme court (“ECF Procedures”). All ECF Procedures must comply with the then-current e-filing standards, as promulgated by the supreme court in Administrative Order No. AOSC09-30, or subsequent administrative order. (c) Documents Affected. (1) All documents that are court records, as defined in rule 2.430(a)(1), must be filed by electronic transmission provided that: (A) the clerk has the ability to accept and retain such documents; (B) the clerk or the chief judge of the circuit has requested permission to accept documents filed by electronic transmission; and (C) the supreme court has entered an order granting permission to the clerk to accept documents filed by electronic transmission.

(2) The official court file is a set of electronic documents stored in a computer system maintained by the clerk, together with any supplemental non-electronic documents and materials authorized by this rule. It consists of: (A) documents filed by electronic transmission under this rule; (B) documents filed in paper form under subdivision (d) that have been converted to electronic form by the clerk; (C) documents filed in paper form before the effective date of this rule that have been converted to electronic form by the clerk; (D) documents filed in paper form before the effective date of this rule or under subdivision (d), unless such documents are converted into electronic form by the clerk; (E) electronic documents filed pursuant to subdivision (d)(5); and (F) materials and documents filed pursuant to any rule, statute or court order that either cannot be converted into electronic form or are required to be maintained in paper form. (3) The documents in the official court file are deemed originals for all purposes except as otherwise provided by statute or rule. (4) Any document in paper form submitted under subdivision (d) is filed when it is received by the clerk or court and the clerk shall immediately thereafter convert any filed paper document to an electronic document. “Convert to an electronic document” means optically capturing an image of a paper document and using character recognition software to recover as much of the document’s text as practicable and then indexing and storing the document in the official court file. (5) Any storage medium submitted under subdivision (d)(5) is filed when received by the clerk or court and the clerk shall immediately thereafter transfer the electronic documents from the storage device to the official court file. (6) If the filer of any paper document authorized under subdivision (d) provides a self-addressed, postage-paid envelope for return of the paper document after it is converted to electronic form by the clerk, the clerk shall place the paper document in the envelope and deposit it in the mail.

Except when a paper document is required to be maintained, the clerk may recycle any filed paper document that is not to be returned to the filer. (7) The clerk may convert any paper document filed before the effective date of this rule to an electronic document. Unless the clerk is required to maintain the paper document, if the paper document has been converted to an electronic document by the clerk, the paper document is no longer part of the official court file and may be removed and recycled. (d) Exceptions. Paper documents and other submissions may be manually submitted to the clerk or court: (1) when the clerk does not have the ability to accept and retain documents by electronic filing or has not had ECF Procedures approved by the supreme court; (2) for filing by any self-represented party or any self-represented nonparty unless specific ECF Procedures provide a means to file documents electronically. However, any self-represented nonparty that is a governmental or public agency and any other agency, partnership, corporation, or business entity acting on behalf of any governmental or public agency may file documents by electronic transmission if such entity has the capability of filing documents electronically; (3) for filing by attorneys excused from e-mail service in accordance with rule 2.516(b); (4) when submitting evidentiary exhibits or filing non-documentary materials; (5) when the filing involves documents in excess of the appropriate size limitations specified in the Florida Supreme Court Standards for Electronic Access to the Court. For such filings, documents may be transmitted using an electronic storage medium that the clerk has the ability to accept, which may include a CD-ROM, flash drive, or similar storage medium; (6) when filed in open court, as permitted by the court; (7) when paper filing is permitted by any approved statewide or local ECF procedures; and (8) if any court determines that justice so requires.

(e) Service. (1) Electronic transmission may be used by a court or clerk for the service of all orders of whatever nature, pursuant to rule 2.516(h), and for the service of any documents pursuant to any ECF Procedures, provided the clerk, together with input from the chief judge of the circuit, has obtained approval from the supreme court of ECF Procedures containing the specific procedures and program to be used in transmitting the orders and documents. All other requirements for the service of such orders must be met. (2) Any document electronically transmitted to a court or clerk must also be served on all parties and interested persons in accordance with the applicable rules of court. (f) Administration. (1) Any clerk who, after obtaining supreme court approval, accepts for filing documents that have been electronically transmitted must: (A) provide electronic or telephonic access to its equipment, whether through an e-portal or otherwise, during regular business hours, and all other times as practically feasible; (B) accept electronic transmission of the appropriate size limitations specified in the Florida Supreme Court Standards for Electronic Access to the Court; and (C) accept filings in excess of the appropriate size limitations specified in the Florida Supreme Court Standards for Electronic Access to the Court by electronic storage device or system, which may include a CD-ROM, flash drive, or similar storage system. (2) All attorneys, parties, or other persons using this rule to file documents are required to make arrangements with the court or clerk for the payment of any charges authorized by general law or the supreme court before filing any document by electronic transmission. (3) The filing date for an electronically transmitted document is the date and time that such filing is acknowledged by an electronic stamp or otherwise, pursuant to any procedure set forth in any ECF Procedures approved by the supreme court, or the date the last page of such filing is

received by the court or clerk. (4) Any court or clerk may extend the hours of access or increase the page or size limitations set forth in this subdivision. (g) Accessibility. All documents transmitted in any electronic form under this rule must comply with the accessibility requirements of Florida Rule of Judicial Administration 2.526. COURT COMMENTARY 1997 Amendment. Originally, the rule provided that the follow-up filing had to occur within ten days. In the 1997 amendment to the rule, that requirement was modified to provide that the follow-up filing must occur “immediately” after a document is electronically filed. The “immediately thereafter” language is consistent with language used in the rules of procedure where, in a somewhat analogous situation, the filing of a document may occur after service. See, e.g., Florida Rule of Civil Procedure 1.080(d) (“All original papers shall be filed with the court either before service or immediately thereafter.”) (emphasis added). “Immediately thereafter” has been interpreted to mean “filed with reasonable promptness.” Miami Transit Co. v. Ford, 155 So.2d 360 (Fla.1963). The use of the words “other person” in this rule is not meant to allow a nonlawyer to sign and file pleadings or other papers on behalf of another. Such conduct would constitute the unauthorized practice of law.

« Pt. B. •, « Rule 2.526. » Fla. R. Gen. Prac. & Jud. Admin. 2.526

RULE 2.526. ACCESSIBILITY TECHNOLOGY.

OF

INFORMATION

AND

Any document that is or will become a judicial branch record, as defined in rule 2.420(b)(1), and that is transmitted in an electronic form, as defined in rule 2.525, must be formatted in a manner that complies with all state and federal laws requiring that electronic judicial records be accessible to persons with disabilities, including without limitation the Americans with Disabilities Act and Section 508 of the federal Rehabilitation Act of 1973 as incorporated into Florida law by section 282.603(1), Florida Statutes (2010), and any related federal or state regulations or administrative rules.

« Pt. B. •, « Rule 2.530. » Fla. R. Gen. Prac. & Jud. Admin. 2.530

RULE 2.530. COMMUNICATION TECHNOLOGY. (a) Definitions. The following definitions apply to this rule: (1) “Audio communication technology” means electronic devices, systems, applications, or platforms that permit all participants to hear and speak to all other participants in real time. (2) “Audio-video communication technology” means electronic devices, systems, applications, or platforms that permit all participants to hear, see, and speak to all other participants in real time. (3) “Communication technology” means audio technology or audio-video communication technology.

communication

(4) “Court official” means a county or circuit court judge, general magistrate, special magistrate, or hearing officer. (b) Generally. Unless governed by another rule of procedure or general law and with the exception of civil proceedings for involuntary commitment pursuant to section 394.467, Florida Statutes, communication technology may be used for all proceedings before a court official, as provided by this rule. Subject to subdivision (b)(1) or (b)(2), if applicable, a court official may authorize the use of communication technology for the presentation of testimony or for other participation in a proceeding upon the written motion of a party or at the discretion of the court official. Reasonable advance notice of the specific form of communication technology to be used and directions for access to the communication technology must be provided in the written motion or in a written notice from the court official exercising discretion. The motion or notice must be served on all who are entitled to notice of the proceeding. A party may file an objection in writing to the use of communication technology within 10 days after service of the motion or notice or within such other period as may be directed by the court official. A party waives objections to the use of communication technology by failing to timely object to the motion or notice unless, before the date of the proceeding, the party establishes good cause for the failure to timely object. A courtesy copy of the written motion or objection must be provided to the court official in an electronic or a paper format as directed by the court

official. The court official must consider any objection before authorizing the use of communication technology. The decision to authorize the use of communication technology over objection shall be in the discretion of the court official. (1) Non-Evidentiary Proceedings. A court official must grant a motion to use communication technology for a non-evidentiary proceeding scheduled for 30 minutes or less unless the court official determines that good cause exists to deny the motion. (2) Testimony. (A) Procedure. A written motion by a party to present testimony through communication technology must set forth good cause why the testimony should be allowed in the specific form requested and must specify whether each party consents to the form requested. In determining whether good cause exists, the court official may consider, without limitation, the technological capabilities of the courtroom, how the presentation of testimony through communication technology advances the proceeding or case to resolution, the consent of the parties, the time-sensitivity of the matter, the nature of the relief sought and the amount in controversy in the case, the resources of the parties, the anticipated duration of the testimony, the need and ability to review and identify documents during testimony, the probative value of the testimony, the geographic location of the witness, the cost and inconvenience in requiring the physical presence of the witness, the need to observe the demeanor of the witness, the potential for unfair surprise, and any other matter relevant to the request. (B) Administration of the Oath. Before testimony may be presented through communication technology, the oath must be administered to the witness as provided in this subdivision. (i) Person Administering the Oath is Physically Present with the Witness. An oath may be administered to a witness testifying through communication technology by a person who is physically present with the witness if the person is authorized to administer oaths in the witness’s jurisdiction and the oath is administered consistent with the laws of that jurisdiction.

(ii) Person Administering the Oath is not Physically Present with the Witness. An oath may be administered to a witness testifying through audio-video communication technology by a person who is not physically present with the witness if the person is authorized to administer oaths in the State of Florida and the oath is administered through audio-video communication technology in a manner consistent with the general laws of the State of Florida. If the witness is not located in the State of Florida, the witness must consent to be bound by an oath administered under the general laws of the State of Florida. (C) Limitation on the Form of Communication Technology Used. If the use of communication technology is authorized under this rule for a proceeding in which the mental capacity or competency of a person is at issue, only audio-video communication technology may be used for the presentation of testimony by that person. (c) Use by Jurors. At the discretion of a chief judge, an administrative judge, or a county or circuit court judge, prospective jurors may participate, prior to the beginning of voir dire, through communication technology in a court proceeding to determine whether the prospective jurors will be disqualified, be excused, or have their jury duty postponed. If authorized by another rule of procedure, prospective jurors may participate in voir dire and empaneled jurors may participate in a trial through audio-video communication technology. (d) Burden of Expense. Unless otherwise directed by the court, the cost for the use of audio-video communication technology is the responsibility of the requesting party, subject to allocation or taxation as costs. (e) Override of Family Violence Indicator. Communications technology may be used for a hearing on a petition to override a family violence indicator under Florida Family Law Rule of Procedure 12.650.

« Pt. B. •, « Rule 2.535. » Fla. R. Gen. Prac. & Jud. Admin. 2.535

RULE 2.535. COURT REPORTING. (a) Definitions. (1) “Approved court reporter” means a court employee or contractor who performs court reporting services, including transcription, at public expense and who meets the court’s certification, training, and other qualifications for court reporting. (2) “Approved transcriptionist” means a court employee, contractor, or other individual who performs transcription services at public expense and who meets the court’s certification, training, and other qualifications for transcribing proceedings. (3) “Civil court reporter” means a court reporter who performs court reporting services in civil proceedings not required to be reported at public expense, and who meets the court’s certification, training, and other qualifications for court reporting. (4) “Court reporting” means the act of making a verbatim record of the spoken word, whether by the use of written symbols, stenomask equipment, stenographic equipment, or electronic devices, in any proceedings pending in any of the courts of this state, including all discovery proceedings conducted in connection therewith, any proceedings reported for the court’s own use, and all proceedings required by statute to be reported by a certified or officialan approved court reporter or civil court reporter. It does not mean the act of taking witness statements not intended for use in court as substantive evidence. (5) “Electronic record” means the audio, analog, digital, or video record of a court proceeding. (6) “Official record” means the transcript, which is the written or electronically stored record of court proceedings and depositions prepared in accordance with the requirements of subdivision (f). (b) When Court Reporting Required. Any proceeding shall be reported on the request of any party. The party so requesting shall pay the reporting fees, but this requirement shall not preclude the taxation of costs as

authorized by law. (c) Record. When trial proceedings are being reported, no part of the proceedings shall be omitted unless all of the parties agree to do so and the court approves the agreement. When a deposition is being reported, no part of the proceedings shall be omitted unless all of the parties and the witness so agree. When a party or a witness seeks to terminate or suspend the taking of a deposition for the time necessary to seek a court order, the court reporter shall discontinue reporting the testimony of the witness. (d) Ownership of Records. The chief judge of the circuit in which a proceeding is pending, in his or her official capacity, is the owner of all records and electronic records made by an official court reporter or quasijudicial officer in proceedings required to be reported at public expense and proceedings reported for the court’s own use. (e) Fees. The chief judge shall have the discretion to adopt an administrative order establishing maximum fees for court reporting services. Any such order must make a specific factual finding that the setting of such maximum fees is necessary to ensure access to the courts. Such finding shall include consideration of the number of court reporters in the county or circuit, any past history of fee schedules, and any other relevant factors. (f) Transcripts. Transcripts of all judicial proceedings, including depositions, shall be uniform in and for all courts throughout the state and shall be stored in an electronic format sufficient to communicate the information contained in proceedings in a readable format, and capable of being transmitted electronically as set forth in rule 2.525. Any transcripts stored in electronic form must be capable of being printed in accordance with this rule. The form, size, spacing, and method of printing transcripts are as follows: (1) All proceedings shall be printed on paper 8 ½ inches by 11 inches in size and bound on the left. (2) There shall be no fewer than 25 printed lines per page with all lines numbered 1 through 25, respectively, and with no more than a double space between lines. (3) Font size or print shall be 9 or 10 pica, 12-point courier, or 12-point Times New Roman print with no less than 56 characters per line on

questions and answers unless the text of the speaker ends short of marginal requirements. (4) Colloquy material shall begin on the same line following the identification of the speaker, with no more than 2 spaces between the identification of the speaker and the commencement of the colloquy. The identification of the speaker in colloquy shall begin no more than 10 spaces from the left margin, and carry-over colloquy shall be indented no more than 5 spaces from the left margin. (5) Each question and answer shall begin on a separate line no more than 5 spaces from the left margin with no more than 5 spaces from the “Q” or “A” to the text. Carry-over question and answer lines shall be brought to the left margin. (6) Quoted material shall begin no more than 10 spaces from the left margin with carry-over lines beginning no more than 10 spaces from the left margin. (7) Indentations of no more than 10 spaces may be used for paragraphs, and all spaces on a line as herein provided shall be used unless the text of the speaker ends short of marginal requirements. (8) One-line parentheticals may begin at any indentation. Parentheticals exceeding 1 line shall begin no more than 10 spaces from the left margin, with carry-over lines being returned to the left margin. (9) Individual volumes of a transcript, including depositions, shall be no more than 200 pages in length, inclusive of the index. (10) Deviation from these standards shall not constitute grounds for limiting use of transcripts in the trial or appellate courts. (g) Officers of the Court. Approved court reporters, civil court reporters, and approved transcriptionists are officers of the court for all purposes while acting as court reporters in judicial proceedings or discovery proceedings or as transcriptionists. Approved court reporters, civil court reporters, and approved transcriptionists shall comply with all rules and statutes governing the proceeding that are applicable to court reporters and approved transcriptionists. (h) Court Reporting Services at Public Expense.

(1) When Reporting Is Required. All proceedings required by law, court rule, or administrative order to be reported shall be reported at public expense. (2) When Reporting May Be Required. Proceedings reported for the court’s own use may be reported at public expense. (3) Circuit Plan. The chief judge, after consultation with the circuit court and county court judges in the circuit, shall enter an administrative order developing and implementing a circuit-wide plan for the court reporting of all proceedings required to be reported at public expense using either full or part time court employees or independent contractors. The plan shall ensure that all court reporting services are provided by approved court reporters or approved transcriptionists. This plan may provide for multiple service delivery strategies if they are necessary to ensure the efficient provision of court reporting services. Each circuit’s plan for court reporting services shall be developed after consideration of guidelines issued by the Office of the State Courts Administrator. (4) Electronic Recording and Transcription of Proceedings Without Court Reporters. A chief judge may enter a circuit-wide administrative order, which shall be recorded, authorizing the electronic recording and subsequent transcription by approved court reporters or approved transcriptionists, of any judicial proceedings, including depositions, that are otherwise required to be reported by a court reporter. Appropriate procedures shall be prescribed in the order which shall: (A) set forth responsibilities for the court’s support personnel to ensure a reliable record of the proceedings; (B) provide a means to have the recording transcribed by approved court reporters or approved transcriptionists, either in whole or in part, when necessary for an appeal or for further use in the trial court; and (C) provide for the safekeeping of such recordings. (5) Safeguarding Confidential Communications When Electronic Recording Equipment Is Used in the Courtroom. (A) Court personnel shall provide notice to participants in a courtroom proceeding that electronic recording equipment is in use and that they should safeguard information they do not want recorded.

(B) Attorneys shall take all reasonable and available precautions to protect disclosure of confidential communications in the courtroom. Such precautions may include muting microphones or going to a designated location that is inaccessible to the recording equipment. (C) Participants have a duty to protect confidential information. (6) Grand Jury Proceedings. Testimony in grand jury proceedings shall be reported by an approved court reporter, but shall not be transcribed unless required by order of court. Other parts of grand jury proceedings, including deliberations and voting, shall not be reported. The approved court reporter’s work product, including stenographic notes, electronic recordings, and transcripts, shall be filed with the clerk of the court under seal. (i) Court Reporting Services in Capital Cases. The chief judge, after consultation with the circuit court judges in the circuit, shall enter an administrative order developing and implementing a circuit-wide plan for court reporting in all trials in which the state seeks the death penalty and in capital postconviction proceedings. The plan shall prohibit the use of digital court reporting as the court reporting system and shall require the use of all measures necessary to expedite the preparation of the transcript, including but not limited to: (1) where available, the use of an approved court reporter who has the capacity to provide real-time transcription of the proceedings; (2) if real-time transcription services are not available, the use of a computer-aided transcription qualified court reporter; (3) the use of scopists, text editors, alternating court reporters, or other means to expedite the finalization of the certified transcript; and (4) the imposition of reasonable restrictions on work assignments by employee or contract approved court reporters to ensure that transcript production in capital cases is given a priority. (j) Juvenile Dependency and Termination of Parental Rights Cases. Transcription of hearings for appeals of orders in juvenile dependency and termination of parental rights cases shall be given priority, consistent with rule 2.215(g), over transcription of all other proceedings, unless otherwise ordered by the court based upon a demonstrated exigency.

COMMITTEE NOTES The definitions of “electronic record” in subdivision (a)(5) and of “official record” in subdivision (a)(6) are intended to clarify that when a court proceeding is electronically recorded by means of audio, analog, digital, or video equipment, and is also recorded via a written transcript prepared by a court reporter, the written transcript shall be the “official record” of the proceeding to the exclusion of all electronic records. While the term “record” is used within Rule 2.535 and within Fla. R. App. P. 9.200, it has a different meaning within the unique context of each rule. Accordingly, the meaning of the term “record” as defined for purposes of this rule does not in any way alter, amend, change, or conflict with the meaning of the term “record” as defined for appellate purposes in Fla. R. App. P. 9.200(a).

« Pt. B. •, « Rule 2.540. » Fla. R. Gen. Prac. & Jud. Admin. 2.540

RULE 2.540. REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES. (a) Duties of Court. Qualified individuals with a disability will be provided, at the court’s expense, with accommodations, reasonable modifications to rules, policies, or practices, or the provision of auxiliary aids and services, in order to participate in programs or activities provided by the courts of this state. The court may deny a request only in accordance with subdivision (e). (b) Definitions. The definitions encompassed in the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq., are incorporated into this rule. (c) Notice Requirement. (1) All notices of court proceedings to be held in a public facility, and all process compelling appearance at such proceedings, shall include the following statement in bold face, 14-point Times New Roman or Courier font: “If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 771.” (2) Each trial and appellate court shall post on its respective website and in each court facility the procedures for obtaining an accommodation as well as the grievance procedure adopted by that court. (d) Process for Requesting Accommodations. The process for requesting accommodations is as follows: (1) Requests for accommodations under this rule may be presented on a form approved or substantially similar to one approved by the Office of the State Courts Administrator, in another written format, or orally. Requests

must be forwarded to the ADA coordinator, or designee, within the time frame provided in subdivision (d)(3). (2) Requests for accommodations must include a description of the accommodation sought, along with a statement of the impairment that necessitates the accommodation and the duration that the accommodation is to be provided. The court, in its discretion, may require the individual with a disability to provide additional information about the impairment. Requests for accommodation shall not include any information regarding the merits of the case. (3) Requests for accommodations must be made at least 7 days before the scheduled court appearance, or immediately upon receiving notification if the time before the scheduled court appearance is less than 7 days. The court may, in its discretion, waive this requirement. (e) Response to Accommodation Request. The court must respond to a request for accommodation as follows: (1) The court must consider, but is not limited by, the provisions of the Americans with Disabilities Act of 1990 in determining whether to provide an accommodation or an appropriate alternative accommodation. (2) The court must inform the individual with a disability of the following: (A) That the request for accommodation is granted or denied, in whole or in part, and if the request for accommodation is denied, the reason therefor; or that an alternative accommodation is granted; (B) The nature of the accommodation to be provided, if any; and (C) The duration of the accommodation to be provided. If the request for accommodation is granted in its entirety, the court shall respond to the individual with a disability by any appropriate method. If the request is denied or granted only in part, or if an alternative accommodation is granted, the court must respond to the individual with a disability in writing, as may be appropriate, and if applicable, in an alternative format. (3) If the court determines that a person is a qualified person with a disability and an accommodation is needed, a request for accommodation may be denied only when the court determines that the requested

accommodation would create an undue financial or administrative burden on the court or would fundamentally alter the nature of the service, program, or activity. (f) Grievance Procedure. (1) Each judicial circuit and appellate court shall establish and publish grievance procedures that allow for the resolution of complaints. Those procedures may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the Florida State Courts System. (2) If such grievance involves a matter that may affect the orderly administration of justice, it is within the discretion of the presiding judge to stay the proceeding and seek expedited resolution of the grievance.

« Pt. B. •, « Rule 2.545. » Fla. R. Gen. Prac. & Jud. Admin. 2.545

RULE 2.545. CASE MANAGEMENT. (a) Purpose. Judges and lawyers have a professional obligation to conclude litigation as soon as it is reasonably and justly possible to do so. However parties and counsel shall be afforded a reasonable time to prepare and present their case. (b) Case Control. The trial judge shall take charge of all cases at an early stage in the litigation and shall control the progress of the case thereafter until the case is determined. The trial judge shall take specific steps to monitor and control the pace of litigation, including the following: (1) assuming early and continuous control of the court calendar; (2) identifying priority cases as assigned by statute, rule of procedure, case law, or otherwise; (3) implementing such docket control policies as may be necessary to advance priority cases to ensure prompt resolution; (4) identifying cases subject to alternative dispute resolution processes; (5) developing rational and effective trial setting policies; and (6) advancing the trial setting of priority cases, older cases, and cases of greater urgency. (c) Priority Cases. (1) In all noncriminal cases assigned a priority status by statute, rule of procedure, case law, or otherwise, any party may file a notice of priority status explaining the nature of the case, the source of the priority status, any deadlines imposed by law on any aspect of the case, and any unusual factors that may bear on meeting the imposed deadlines. (2) If, in any noncriminal case assigned a priority status by statute, rule of procedure, case law, or otherwise, a party is of the good faith opinion that the case has not been appropriately advanced on the docket or has not received priority in scheduling consistent with its priority case status, that party may seek review of such action by motion for review to the chief

judge or to the chief judge’s designee. The filing of such a motion for review will not toll the time for seeking such other relief as may be afforded by the Florida Rules of Appellate Procedure. (d) Related Cases. (1) The petitioner in a family case as defined in this rule shall file with the court a notice of related cases in conformity with family law form 12.900(h), if related cases are known or reasonably ascertainable. A case is related when: (A) it involves any of the same parties, children, or issues and it is pending at the time the party files a family case; or (B) it affects the court’s jurisdiction to proceed; or (C) an order in the related case may conflict with an order on the same issues in the new case; or (D) an order in the new case may conflict with an order in the earlier litigation. (2) “Family cases” include dissolution of marriage, annulment, support unconnected with dissolution of marriage, paternity, child support, UIFSA, custodial care of and access to children, proceedings for temporary or concurrent custody of minor children by extended family, adoption, name change, declaratory judgment actions related to premarital, martial, or postmarital agreements, civil domestic, repeat violence, dating violence, stalking, and sexual violence injunctions, juvenile dependency, termination of parental rights, juvenile delinquency, emancipation of a minor, CINS/FINS, truancy, and modification and enforcement of orders entered in these cases. (3) The notice of related cases shall identify the caption and case number of the related case, contain a brief statement of the relationship of the actions, and contain a statement addressing whether assignment to one judge or another method of coordination will conserve judicial resources and promote an efficient determination of the actions. (4) The notice of related cases shall be filed with the initial pleading by the filing attorney or self-represented petitioner. The notice shall be filed in each of the related cases that are currently open and pending with the court

and served on all other parties in each of the related cases, and as may be directed by the chief judge or designee. Parties may file joint notices. A notice of related cases filed pursuant to this rule is not an appearance. If any related case is confidential and exempt from public access by law, then a Notice of Confidential Information Within Court Filing as required by Florida Rule of General Practice and Judicial Administration 2.420 shall accompany the notice. Parties shall file supplemental notices as related cases become known or reasonably ascertainable. (5) Each party has a continuing duty to inform the court of any proceedings in this or any other state that could affect the current proceeding. (6) Whenever it appears to a party that two or more pending cases present common issues of fact and that assignment to one judge or another method of coordination will significantly promote the efficient administration of justice, conserve judicial resources, avoid inconsistent results, or prevent multiple court appearances by the same parties on the same issues, the party may file a notice of related cases requesting coordination of the litigation. (e) Continuances. All judges shall apply a firm continuance policy. Continuances should be few, good cause should be required, and all requests should be heard and resolved by a judge. All motions for continuance shall be in writing unless made at a trial and, except for good cause shown, shall be signed by the party requesting the continuance. All motions for continuance in priority cases shall clearly identify such priority status and explain what effect the motion will have on the progress of the case. COMMITTEE NOTES The provisions in subdivision (c) of this rule governing priority cases should be read in conjunction with the provisions of rule 2.215(g), governing the duty to expedite priority cases.

« Pt. B. •, « Rule 2.550. » Fla. R. Gen. Prac. & Jud. Admin. 2.550

RULE 2.550. CALENDAR CONFLICTS. (a) Guidelines. In resolving calendar conflicts between the state courts of Florida or between a state court and a federal court in Florida, the following guidelines must be considered: (1) Any case priority status established by statute, rule of procedure, case law, or otherwise shall be evaluated to determine the effect that resolving a calendar conflict might have on the priority case or cases. (2) Juvenile dependency and termination of parental rights cases are generally to be given preference over other cases, except for speedy trial and capital cases. (3) Criminal cases are generally to be given preference over civil cases. (4) Jury trials are generally to be given preference over non-jury trials. (5) Appellate arguments, hearings, and conferences are generally to be given preference over trial court proceedings. (6) The case in which the trial date has been first set should generally take precedence. (b) Additional Circumstances. Factors such as cost, numbers of witnesses and attorneys involved, travel, length of trial, age of case, and other relevant matters may warrant deviation from these case guidelines. (c) Notice and Agreement; Resolution by Judges. When an attorney is scheduled to appear in 2 courts at the same time and cannot arrange for other counsel to represent the clients’ interests, the attorney shall give prompt written notice of the conflict to opposing counsel, the clerk of each court, and the presiding judge of each case, if known. If the presiding judge of the case cannot be identified, written notice of the conflict shall be given to the chief judge of the court having jurisdiction over the case, or to the chief judge’s designee. The judges or their designees shall confer and undertake to avoid the conflict by agreement among themselves. Absent agreement, conflicts should be promptly resolved by the judges or their designees in accordance with the above case guidelines.

COMMITTEE NOTES 1996 Adoption. The adoption of this rule was prompted by the Resolution of the Florida State-Federal Judicial Council Regarding Calendar Conflicts Between State and Federal Courts, which states as follows: WHEREAS, the great volume of cases filed in the state and federal courts of Florida creates calendar conflicts between the state and federal courts of Florida which should be resolved in a fair, efficient and orderly manner to allow for judicial efficiency and economy; and WHEREAS, the Florida State-Federal Judicial Council which represents the Bench and Bar of the State of Florida believes that it would be beneficial to formally agree upon and publish recommended procedures and priorities for resolving calendar conflicts between the state and federal courts of Florida; NOW, THEREFORE, BE IT RESOLVED In resolving calendar conflicts between the state and federal courts of Florida, the following case priorities should be considered: 1. Criminal cases should prevail over civil cases. 2. Jury trials should prevail over non-jury trials. 3. Appellate arguments, hearings, and conferences should prevail over trials. 4. The case in which the trial date has been first set should take precedence. 5. Circumstances such as cost, numbers of witnesses and attorneys involved, travel, length of trial, age of case and other relevant matters may warrant deviation from this policy. Such matters are encouraged to be resolved through communication between the courts involved. Where an attorney is scheduled to appear in two courts - trial or appellate, state or federal - at the same time and cannot arrange for other counsel in his or her firm or in the case to represent his or her client’s interest, the attorney shall give prompt written notice to opposing counsel, the clerk of each court, and the presiding judge of each case, if known, of the conflict. If the presiding judge of a case cannot be identified, written notice of the conflict

shall be given to the chief judge of the court having jurisdiction over the case, or to his or her designee. The judges or their designees shall confer and undertake to avoid the conflict by agreement among themselves. Absent agreement, conflicts should be promptly resolved by the judges or their designees in accordance with the above case priorities. In jurisdictions where calendar conflicts arise with frequency, it is recommended that each court involved consider appointing a calendar conflict coordinator to assist the judges in resolving calendar conflicts by obtaining information regarding the conflicts and performing such other ministerial duties as directed by the judges. REVISED AND READOPTED at Miami, Florida, this 13th day of January, 1995. COURT COMMENTARY 2002 Court Commentary. As provided in subdivision (c), when a scheduling conflict involves different courts, the presiding judges should confer and undertake to agree on a resolution, using the guidelines provided in this rule.

« Pt. B. •, « Rule 2.555. » Fla. R. Gen. Prac. & Jud. Admin. 2.555

RULE 2.555. INITIATION OF CRIMINAL PROCEEDINGS. (a) Major Statutory Offense. Law enforcement officers, at the time of the filing of a complaint with the clerk of court, shall designate whether the most serious charge on the complaint is a felony or a misdemeanor. The state attorney or the state attorney’s designee, at the time of the filing of an original information or an original indictment with the clerk of court, shall designate whether the most serious offense on the information or the indictment is a felony or misdemeanor. Complaints, original informations, and original indictments on which the most serious charge is a felony shall be filed with the clerk of the circuit court. (b) Ordinance Violations. In cases when the state attorney has the responsibility for the prosecution of county or municipal ordinance violations, where such ordinances have state statutory equivalents, the state attorney or the state attorney’s designee shall set forth at the top of the face of the accusatory instrument the exact statute number of the single most serious offense charged. (c) Information or Indictment after County Court Proceedings Begun. When action in a criminal case has been initiated in county court, and subsequently the state attorney files a direct information or the grand jury indicts the defendant, the state attorney or the state attorney’s designee shall notify the clerk without delay.

« Pt. B. •, « Rule 2.560. » Fla. R. Gen. Prac. & Jud. Admin. 2.560

RULE 2.560. APPOINTMENT OF SPOKEN LANGUAGE COURT INTERPRETERS FOR NON-ENGLISH-SPEAKING AND LIMITED-ENGLISH-PROFICIENT PERSONS. (a) Criminal or Juvenile Delinquency Proceedings. In any criminal or juvenile delinquency proceeding in which the accused, the parent or legal guardian of the accused juvenile, the victim, or the alleged victim cannot understand or has limited understanding of English, or cannot express himself or herself in English sufficiently to be understood, an interpreter shall be appointed. (b) Other Proceedings. In all other proceedings in which a non-Englishspeaking or limited-English-proficient person is a litigant, an interpreter for the non-English-speaking or limited-English-proficient litigant shall be appointed if the court determines that the litigant’s inability to comprehend English deprives the litigant of an understanding of the court proceedings, that a fundamental interest is at stake (such as in a civil commitment, termination of parental rights, paternity, or dependency proceeding), and that no alternative to the appointment of an interpreter exists. (c) Witnesses. In any proceeding in which a non-English-speaking or limited-English-proficient person is a witness, the appointment of an interpreter shall be governed by the applicable provisions of the Florida Evidence Code. (d) Compliance with Title VI of the Civil Rights Act of 1964. In making determinations regarding the appointment of an interpreter, the court should ensure compliance with the requirements of Title VI of the Civil Rights Act of 1964. (e) Qualifications of Interpreter. (1) Appointment of Interpreters when Certified or Other Duly Qualified Interpreters Are Available. Whenever possible, a certified or other duly qualified interpreter, as defined in the Rules for Certification and Regulation of Spoken Language Court Interpreters, shall be appointed. Preference shall be given to appointment of certified and language skilled interpreters, then to persons holding a provisionally approved designation.

(2) Appointment of Interpreters when Certified or Other Duly Qualified Interpreters Are Unavailable. If, after diligent search, a certified, language skilled, or provisionally approved interpreter is not available, the presiding judge, magistrate, or hearing officer, finding good cause, may appoint an interpreter who is otherwise registered with the Office of the State Courts Administrator in accordance with the Rules for Certification and Regulation of Spoken Language Court Interpreters. No appointment shall be made under this subdivision unless the presiding judge, magistrate, or hearing officer makes a determination, on the record, the proposed interpreter is competent to interpret in the proceedings. (3) Appointment in Exceptional Circumstances. If after diligent search no interpreter qualifying under subdivision (e)(1) or (e)(2) of this rule is available at the time interpreter services are needed, the presiding judge, magistrate, or hearing officer, finding good cause exists for the appointment of an interpreter not qualifying under subdivision (e)(1) or (e) (2), such as the prevention of burdensome delay, the request or consent of the non-English-speaking or limited-English-proficient person, or other unusual circumstance, may appoint an interpreter who is not certified, language skilled, provisionally approved, or otherwise registered with the Office of the State Courts Administrator. No appointment, including appointment of interpreters available via remote technology, shall be made under this subdivision unless the presiding judge, magistrate, or hearing officer finds the proposed interpreter is competent to interpret in the proceedings. This finding must be made on the record based, not only on the unavailability of an interpreter otherwise qualified in a particular language, but also on specific exigent circumstances given the demands of the case and the interpreter’s sworn assertion he or she is able, either in direct or relay/intermediary interpretation, to communicate effectively in the languages in which interpreter services are required. An appointment under this subdivision shall excuse an interpreter so appointed from the registration requirements under the Rules for Certification and Regulation of Spoken Language Court Interpreters, but only for the delivery of the specific services for which the interpreter is appointed. (4) On-the-Record Objections or Waivers in Criminal and Juvenile Delinquency Proceedings. In any criminal or juvenile delinquency proceeding in which the interpreter is not appointed under subdivision (e)

(1) of this rule, the court shall advise the accused, on the record, that the proposed interpreter is not certified, language skilled, or provisionally approved pursuant to the Rules for Certification and Regulation of Spoken Language Court Interpreters. The accused’s objection to the appointment of a proposed interpreter, or the accused’s waiver of the appointment of a certified, language skilled, or provisionally approved interpreter, shall also be on the record. (5) Additional on-the-Record Findings, Objections, and Waivers Required at Subsequent Proceedings. The appointment of an interpreter who is not certified, language skilled, or provisionally approved in accordance with the Rules for Certification and Regulation of Spoken Language Court Interpreters shall be limited to a specific proceeding and shall not be extended to subsequent proceedings in a case without additional findings of good cause and qualification as required by subdivisions (e)(2) and (e)(3) of this rule, and additional compliance with the procedures for on-the-record objections or waivers provided for in subdivision (e)(4) of this rule. (f) Privileged Communications. Whenever a person communicates through an interpreter to any person under circumstances that would render the communication privileged and such person could not be compelled to testify as to the communication, the privilege shall also apply to the interpreter. (g) Definitions. When used in this rule, the following terms shall have the meanings set forth below: (1) Limited-English-Proficient Person. A person who is unable to communicate effectively in English because the individual’s primary language is not English and he or she has not developed fluency in the English language. A person with limited English proficiency may have difficulty speaking, reading, writing, or understanding English. (2) Proceeding. Any hearing or trial, excluding an administrative hearing or trial, presided over by a judge, general magistrate, special magistrate, or hearing officer within the state courts.

« Pt. B. •, « Rule 2.565. » Fla. R. Gen. Prac. & Jud. Admin. 2.565

RULE 2.565. RETENTION OF SPOKEN LANGUAGE COURT INTERPRETERS FOR NON-ENGLISH-SPEAKING AND LIMITED-ENGLISH-PROFICIENT PERSONS BY ATTORNEYS OR SELF-REPRESENTED LITIGANTS. (a) Retention of Interpreters when Certified or Other Duly Qualified Interpreters Are Available. When an attorney or self-represented litigant retains the services of an interpreter to assist a non-English-speaking or limited-English-proficient litigant or witness in a court proceeding or courtrelated proceeding as defined in the Rules for Certification and Regulation of Spoken Language Court Interpreters, the attorney or self-represented litigant shall, whenever possible, retain a certified, language skilled or provisionally approved interpreter, as defined in the Rules for Certification and Regulation of Spoken Language Court Interpreters. Preference shall be given to retention of certified and language skilled interpreters, then to persons holding a provisionally approved designation. (b) Retention of Interpreters when Certified or Other Duly Qualified Interpreters Are Unavailable. If, after diligent search, a certified, language skilled, or provisionally approved interpreter is not available, an attorney or self-represented litigant may retain an interpreter who is otherwise registered with the Office of the State Courts Administrator in accordance with the Rules for Certification and Regulation of Spoken Language Court Interpreters. (c) Retention in Exceptional Circumstances. If, after diligent search, no interpreter qualifying under subdivision (a) or (b) of this rule is available, an attorney or self-represented litigant, for good cause, may retain an interpreter who is not certified, language skilled, provisionally approved, or otherwise registered with the Office of the State Courts Administrator. (d) Written Declaration Substantiating Good Cause. No interpreter shall be retained under subdivision (c) unless the attorney or a selfrepresented litigant states under oath or affirms in a verified writing that: (1) a diligent search has been conducted; (2) neither a certified, language skilled, provisionally approved

interpreter nor an interpreter otherwise registered with the Office of the State Courts Administrator is available to interpret in person or via remote technology; and (3) to the best of the attorney or self-represented litigant’s information and belief, the proposed interpreter is competent to interpret. In addition, the written declaration shall include the full name, mailing address, and telephone number of the proposed interpreter; the non-English language interpreted; the date of the interpreted event; and nature of the interpreted event. (e) Filing and Retention of Written Declaration. An attorney or selfrepresented litigant substantiating good cause under subdivision (d) shall submit via e-mail, a copy of the verified written declaration with the Court Interpreter Program Office in the Office of the State Courts Administrator. A prescribed form and dedicated e-mail address appear on the Court’s website. The filer shall thereafter furnish a copy to the proposed interpreter, and shall: (1) file the original declaration in any pending court action or administrative action and serve a copy thereof on all other parties; or (2) if no action is pending at the time interpreter services are provided, retain the original declaration and serve a copy thereof on the non-Englishspeaking or limited-English-proficient person at the time interpreter services are provided. The declaration shall be made available to all other parties and to any state court or administrative judge, magistrate, or hearing officer upon request in any action later filed to which the interpreted event is relevant. The filing with the Office of the State Courts Administrator of a written declaration in substantial conformity with this subdivision shall excuse the proposed interpreter from the registration requirements under the Rules for Certification and Regulation of Spoken Language Interpreters for the delivery of the specific interpreter services for which certification is made. (f) Time for Preparation, Submission, Filing, and Service. Verified written declarations required by this rule shall be prepared, submitted to the Office of State Courts Administrator, filed with the Clerk of Court, when required, and served on all parties in advance of the proceedings to which they are relevant. When compliance with this subdivision is impossible or impracticable due to the existence of emergency or other extraordinary

circumstances, the attorney or self-represented litigant shall: (1) comply with the preparation, submission, filing, and service requirements of this rule as soon as is practicable following the conclusion of the proceeding; and (2) include in the verified written declaration a brief statement describing the emergency or other extraordinary circumstances justifying post-proceeding compliance.

« Pt. B. •, « Rule 2.570. » Fla. R. Gen. Prac. & Jud. Admin. 2.570

RULE 2.570. PARENTAL-LEAVE CONTINUANCE. (a) Generally. Absent one or more of the findings listed in subdivision (e) of this rule, a court shall grant a timely motion for continuance based on the parental leave of the movant’s lead attorney in the case, due to the birth or adoption of a child, if the motion is made within a reasonable time after the later of: (1) the movant’s lead attorney learning of the basis for the continuance; or (2) the setting of the specific proceeding(s) or the scheduling of the matter(s) for which the continuance is sought. (b) Contents of Motion. A motion filed under this rule shall be in writing and signed by the requesting party. The motion must state all of the following: (1) The attorney who is the subject of the motion is the movant’s lead attorney. (2) The facts necessary to establish that the motion is timely. (3) The scope and length of the continuance requested. (4) Whether another party objects to the motion. (5) Any other information that the movant considers relevant to the court’s consideration of the motion. (c) Presumptive Length. Three months is the presumptive maximum length of a parental-leave continuance absent a showing of good cause that a longer time is appropriate. (d) Burden of Proof. If the motion is challenged by another party that makes a prima facie demonstration of substantial prejudice, the burden shall shift to the movant to demonstrate that the prejudice to the requesting party caused by the denial of the motion exceeds the prejudice that would be caused to the objecting party if the requested continuance were granted. (e) Court’s Discretion; Order. It is within the court’s sound discretion to

deny the motion or to grant a continuance different in scope or duration than requested, if the court finds that: (1) another party would be substantially prejudiced by the requested continuance; or (2) the requested continuance would unreasonably delay an emergency or time-sensitive proceeding or matter. The court shall enter a written order setting forth its ruling on the motion and the specific grounds for the ruling. (f) Criminal, Juvenile, and Involuntary Civil Commitment of Sexually Violent Predators Cases. In a case governed by the Florida Rules of Criminal Procedure, by the Florida Rules of Juvenile Procedure, or by the Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators, a motion for continuance based on the parental leave of the lead attorney is governed by rule 2.545(e) and by any applicable Florida Rule of Criminal Procedure, Florida Rule of Juvenile Procedure, or Florida Rule of Civil Procedure for Involuntary Commitment of Sexually Violent Predators, rather than by this rule, except that in a case governed by Part III of the Florida Rules of Juvenile Procedure, a motion for continuance based on the parental leave of the lead attorney is governed by Florida Rule of Juvenile Procedure 8.240(d).

« Pt. B. •, « Rule 2.580. » Fla. R. Gen. Prac. & Jud. Admin. 2.580

RULE 2.580. STANDARD JURY INSTRUCTIONS. (a) Use; Modification. The standard jury instructions appearing on The Florida Bar’s website may be used by trial judges in instructing the jury in every trial to the extent that the instructions are applicable, unless the trial judge determines that an applicable standard jury instruction is erroneous or inadequate, in which event the judge shall modify the standard instruction or give such other instruction as the trial judge determines to be necessary to instruct the jury accurately and sufficiently on the circumstances of the case. If the trial judge modifies a standard jury instruction or gives another instruction, upon timely objection to the instruction, the trial judge shall state on the record or in a separate order the respect in which the judge finds the standard instruction erroneous or inadequate or confusing and the legal basis for varying from the standard instruction. Similarly, in all circumstances in which the comments or notes on use accompanying the standard jury instructions contain a recommendation that a certain type of instruction not be given, the trial judge may follow the recommendation unless the judge determines that the giving of such an instruction is necessary to instruct the jury accurately and sufficiently, in which event the judge shall give such instruction as the judge deems appropriate and necessary. If the trial judge does not follow such a recommendation, upon timely objection to the instruction, the trial judge shall state on the record or in a separate order the legal basis of the determination that the instruction is necessary. (b) Referral to Committee. The party requesting and receiving a modified instruction shall send a copy of the modified instruction to the appropriate committee on standard jury instructions under rule 2.270, unless the modification is only technical or nonsubstantive in nature, so that the committee can consider the modification to determine whether the standard instruction should be amended. (c) No Supreme Court Approval or Presumption of Correctness. The standard jury instructions approved for publication and use under rule 2.270 are not approved or otherwise specifically authorized for use by the supreme court. The approval of a standard jury instruction under that rule shall not be construed as an adjudicative determination on the legal correctness of the

instruction. Standard instructions authorized for use by the supreme court prior to the adoption of rule 2.270 shall be treated the same as and given no more deference than instructions approved for use under that rule.

« Pt. B. •, « FORM 2.601. » Fla. R. Gen. Prac. & Jud. Admin. Form 2.601

FORM 2.601. REQUEST TO BE EXCUSED FROM E-MAIL SERVICE BY A PARTY NOT REPRESENTED BY AN ATTORNEY. (CAPTION)

REQUEST TO BE EXCUSED FROM E-MAIL SERVICE FOR A PARTY NOT REPRESENTED BY AN ATTORNEY . . . . .(name). . . . . requests to be excused pursuant to Fla. R. Gen. Prac. & Jud. Admin. 2.516(b)(1)(D) from the requirements of e-mail service because I am not represented by an attorney and: I do not have an e-mail account. I do not have regular access to the internet. By choosing not to receive documents by e-mail service, I understand that I will receive all copies of notices, orders, judgments, motions, pleadings, or other written communications by delivery or mail at the following address: . . . . .(address). . . . . . I understand that I must keep the clerk’s office and the opposing party or parties notified of my current mailing address. Pursuant to section 92.525, Florida Statutes, under penalties of perjury, I declare that I have read the foregoing request and that the facts stated in it are true.

CLERK’S DETERMINATION Based on the information provided in this request, I have determined that the applicant is excused or not excused from the e-mail service requirements of Fla. R. Gen. Prac. & Jud. Admin. 2.516(b)(1)(C).

Dated: . . . . . . . . . . Signature of the Clerk ___________________________________

of

Court:

CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to the clerk of court for . . . . . . County and . . . . .(insert name(s) and address(es) of parties used for service). . . . . by . . . . .(delivery) (mail). . . . . on . . . . .(date). . . . . .

A PERSON WHO IS NOT EXCUSED MAY SEEK REVIEW BY A JUDGE BY REQUESTING A HEARING TIME. Sign here if you want the Judge to review the clerk’s determination that you are not excused from the e-mail service requirements. You do not waive or give up any right to judicial review of the clerk’s determination by not signing this part of the form: Dated: . . . . . . . . . . Signature: _____________________________ Print Name: _____________________________

« Pt. B. •, « FORM 2.602. » Fla. R. Gen. Prac. & Jud. Admin. Form 2.602

FORM 2.602. DESIGNATION OF E-MAIL ADDRESS BY A PARTY NOT REPRESENTED BY AN ATTORNEY. (CAPTION)

DESIGNATION OF E-MAIL ADDRESS FOR A PARTY NOT REPRESENTED BY AN ATTORNEY Pursuant to Fla. R. Gen. Prac. & Jud. Admin. 2.516(b)(1)(C), I, . . . . . . (name). . . . ., designate the e-mail address(es) below for electronic service of all documents related to this case. By completing this form, I am authorizing the court, clerk of court, and all parties to send copies of notices, orders, judgments, motions, pleadings, or other written communications to me by e-mail or through the Florida Courts E-filing Portal. I understand that I must keep the clerk’s office and the opposing party or parties notified of my current e-mail address(es) and that all copies of notices, orders, judgments, motions, pleadings, or other written communications in this case will be served at the e-mail address(es) on record at the clerk’s office. . . . . .(designated e-mail address). . . . . . . . .(secondary designated e-mail address(es) (if any)). . . . .

CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to the clerk of court for . . . . . . County and . . . . .(insert name(s) and address(es) of parties used for service). . . . . by . . . . .(e-mail) (delivery) (mail). . . . . on . . . . .(date). . . . . .

« Pt. B. •, « FORM 2.603. » Fla. R. Gen. Prac. & Jud. Admin. Form 2.603

FORM 2.603. CHANGE OF MAILING ADDRESS OR DESIGNATED E-MAIL ADDRESS. (CAPTION)

NOTICE OF CHANGE OF MAILING ADDRESS OR DESIGNATED EMAIL ADDRESS I, __________________ certify that my . . . . .(mailing address or designated e-mail address). . . . . has changed to _____________________________ _____________________________. I understand that I must keep the clerk’s office and any opposing party or parties notified of my current mailing address or e-mail address. I will file a written notice with the clerk if my mailing address or e-mail address changes again.

CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to the clerk of court for . . . . . . County and . . . . .(insert name(s) and address(es) of parties used for service). . . . . by . . . . .(e-mail) (delivery) (mail). . . . . on . . . . .(date). . . . . .

APPENDIX STATE OF FLORIDA JUDICIAL BRANCH RECORDS RETENTION SCHEDULE FOR ADMINISTRATIVE RECORDS. GENERAL APPLICATION. This record retention schedule does not impose a duty to create records contained in the schedule. The purpose of the schedule is to authorize destruction of records after the retention period has elapsed. The records custodian may retain records longer than required by the schedule. This schedule authorizes destruction of records unless otherwise provided by court rule. The retention period should be calculated from the time that the record is completed. For purposes of calculating the retention period, fiscal records should be considered completed at the end of a fiscal year. All retention periods are subject to the caveat “provided that applicable audits have been released.” The records custodian of the judicial branch entity that creates a record creates the “record copy” and is responsible for its retention in accordance with this schedule. The records custodian of the judicial branch entity that properly receives a record from outside the judicial branch has the “record copy” and is responsible for its retention in accordance with this schedule. Duplicates are only required to be retained until obsolete, superseded or administrative value is lost. “Record Series” means a group of related documents arranged under a single filing arrangement or kept together as a unit because they consist of the same form, relate to the same subject, result from the same activity, or have certain common characteristics. ACQUISITION RECORDS: LIBRARY. This record series consists of information on the acquisition of library materials including: books, periodicals, filmstrips, software, compact discs, video/audio tapes, and other non-print media. This information may include the accession date and method, the publisher and cost, the date entered into the collection, dates

removed from collection, and method of final disposal. RETENTION: Retain for life of material. ADMINISTRATIVE CONVENIENCE RECORDS. This record series consists of a subject file, generally filed alphabetically, which is located away from the official files, such as in the Director’s and other supervisory offices. The file contains DUPLICATES of correspondence, reports, publications, memoranda, etc., and is used as a working file or reference file on subjects which are currently significant or which may become significant in the near future. The material filed in this series is NOT the official file or record copy but is maintained for the convenience of the officials in carrying out their elected or appointed duties. RETENTION: Retain until obsolete, superseded or administrative value is lost. ADMINISTRATIVE RECORDS: PUBLIC OFFICIALS/COURT ADMINISTRATORS. This record series consists of office files documenting the substantive actions of elected or appointed officials and the court administrator. These records constitute the official record of a judicial branch entity’s performance of its functions and formulation of policy and program initiative. This series will include various types of records such as correspondence; memoranda; statements prepared for delivery at meetings, conventions or other public functions that are designed to advertise and promote programs, activities and policies of the judicial branch entity; interviews; and reports concerning development and implementation of activities of the judicial branch entity. “These records may have archival value.” RETENTION: 10 years. ADMINISTRATIVE SUPPORT RECORDS. This record series consists of records accumulated relative to internal administrative activities rather than the functions for which the office exists. Normally, these records document procedures; the expenditure of funds, including budget material; day-to-day management of office personnel including training and travel; supplies, office services and equipment requests and receipts and other recorded experiences that do not serve as official documentation of the programs of the office.

However, because the content of these records vary so greatly in content and value (containing some duplicates and record copies), a relatively large proportion of them are of continuing value and may be subject to the audit process. Note: Reference a more applicable records series first if one exists. “These records may have archival value.” RETENTION: 2 years. ADVERTISEMENTS: LEGAL. This record series consists of advertisements which have appeared in newspapers or in the “Administrative Weekly” on matters pertaining to the judicial branch entity and other legal ads which may or may not indirectly affect the judicial branch entity; i.e., bid invitations for construction jobs, public hearings or notices, public sales. See also “BID RECORDS: CAPITAL IMPROVEMENT SUCCESSFUL BID”, “BID RECORDS: CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS” and “BID RECORDS: NON-CAPITAL IMPROVEMENT.” RETENTION: 5 years. AFFIRMATIVE ACTION RECORDS. This record series consists of copies of reports submitted to the Equal Employment Opportunity Commission (EEOC) per their requirements for the judicial branch entity’s affirmative action plan. It may also include discrimination complaints, correspondence and investigative papers pertaining to the judicial branch entity’s affirmative action plan. See also “EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE RECORDS.” RETENTION: 2 years. APPLICATIONS: GUARDIAN AD LITEM, MEDIATION, OTHERS. This record series consists of applications, supporting documents, correspondence and reports relating to the application of a person to be certified as a mediator, a program to be approved to offer training for mediators, a volunteer to be approved by the Guardian ad Litem Program, or other persons or programs regulated in the judicial branch. RETENTION: 5 years after the person or program is no longer regulated by the judicial branch. APPLICATIONS: LIBRARY CARDS. This record series consists of library

card applications which must be renewed on an annual, bi-annual, or other basis. The application may include the patron’s name, address, telephone number, date of birth, as well as a statement of liability for the care and timely return of all materials checked out or utilized by the patron. RETENTION: Retain for 30 days after expiration. APPRAISALS: LAND PURCHASES (NOT PURCHASED). This record series consists of documents pertaining to land not purchased by a judicial branch entity and all supporting documents. See also “APPRAISALS: LAND PURCHASES (PURCHASED).” RETENTION: 3 years. APPRAISALS: LAND PURCHASES (PURCHASED). This record series consists of documents pertaining to land purchased by a judicial branch entity and all supporting documents. See also “APPRAISALS: LAND PURCHASES (NOT PURCHASED).” RETENTION: Retain as long as judicial branch entity retains property. ARCHITECTURAL PLANS/SPECIFICATIONS: PRELIMINARY DRAWINGS. This record series consists of those graphic and engineering preliminary drawing records that depict conceptual as well as precise measured information essential for the planning and construction of facilities. RETENTION: Retain until completion and acceptance. ATTENDANCE AND LEAVE RECORDS. This record series consists of requests or applications for vacation, sick, family medical leave (FMLA) and other types of leave including leave of absences, timesheets or timecards along with any required documentation (medical statements or excuses from a physician, jury duty summons, or military orders, etc.) submitted by an employee to document authorized absences. RETENTION: 3 years. AUDITS: INDEPENDENT. This record series consists of a report issued by an independent auditor to establish the position of the judicial branch entity being audited against its standard of performance. See also, “AUDITS: INTERNAL,” “AUDITS: STATE/FEDERAL” and “AUDITS:

SUPPORTING DOCUMENTS.” RETENTION: 10 years. AUDITS: INTERNAL. This record series consists of a report issued by an internal auditor to establish the position of a judicial branch entity being audited against its standard of performance. See also, “AUDITS: INDEPENDENT,” “AUDITS: STATE/FEDERAL” and “AUDITS: SUPPORTING DOCUMENTS.” RETENTION: 3 years. AUDITS: STATE/FEDERAL. This record series consists of a report issued by a federal or state auditor to establish the position of a judicial branch entity being audited against its standard of performance. See also, “AUDITS: INDEPENDENT,” “AUDITS: INTERNAL” and “AUDITS: SUPPORTING DOCUMENTS.” “These records may have archival value.” RETENTION: 10 years. AUDITS: SUPPORTING DOCUMENTS. This record series consists of the documentation and supporting documents used to develop the audit report with all bills, accounts, records and transactions. See also “AUDITS: INDEPENDENT,” “AUDITS: INTERNAL” and “AUDITS: STATE/FEDERAL.” RETENTION: 3 years. BACKGROUND/Security Checks. This record series consists of background/security checks for potential new hires and promotions. These checks may include a background and driver’s license screening, reference check, and verification of academic standing. The files might include notices of not being hired based on the outcome of a security check and a opportunity for rebuttal. Supporting documentation consists of fingerprint cards, copy of the driver’s license, copy of the transcript release form, returned form reference letters, and other necessary information. RETENTION: 4 anniversary years. BANK ACCOUNT AUTHORIZATION RECORDS. This record series consists of an authorization to maintain a bank account and who is authorized

to sign off on the account. RETENTION: 1 year after superseded by new authorization. BAR APPLICANTS: ADMITTED. This record series consists of bar applications, supporting documents, all investigative materials, of administrative value, correspondence, reports, and similar materials accumulated during the bar admissions process regarding bar applicants who were subsequently admitted to The Florida Bar. RETENTION: Bar application and fingerprint card, 5 years; all other materials, 1 year. BAR APPLICANTS: NOT ADMITTED (WITH NO RECOMMENDATION). This record series consists of bar applications, supporting documents, all investigative materials of administrative value, correspondence, reports, and similar materials accumulated during the bar admissions process regarding bar applicants who have not been admitted to The Florida Bar and who have not received an unfavorable recommendation by the Florida Board of Bar Examiners. RETENTION: 20 years or the death of the applicant, whichever is earlier. BAR APPLICANTS: NOT ADMITTED (WITH UNFAVORABLE RECOMMENDATION). This record series consists of bar applications, supporting documents, all investigative materials of administrative value, correspondence, reports, and similar materials accumulated during the bar admissions process regarding bar applicants who have not been admitted to The Florida Bar and who have received an unfavorable recommendation by the Florida Board of Bar Examiners by either a negotiated consent judgment or the issuance of findings of fact and conclusions of law. RETENTION: 40 years or the death of the applicant, whichever is earlier. BAR EXAMINATION/ANSWERS. This record series consists of answers to essay questions and answer sheets to machine-scored questions submitted by bar applicants during the bar examination administered by the Florida Board of Bar Examiners. RETENTION: Until the conclusion of the administration of the next

successive general bar examination. BAR EXAMINATION/FLORIDA PREPARED PORTION. This record series consists of the portion of the bar examination prepared by the Florida Board of Bar Examiners. RETENTION: 10 years from the date of the administration of the examination. BID RECORDS: CAPITAL IMPROVEMENT SUCCESSFUL BIDS. This record series consists of information relative to the processing and letting of capital improvement successful bids including legal advertisements, “Requests for Proposal,” technical specifications, correspondence, “Invitations to Bid,” bid tabulations and bid responses. “Capital Improvements” shall mean enhancement to buildings, fixtures and all other improvements to land. See also “BID RECORDS: CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS” and “BID RECORDS: NONCAPITAL IMPROVEMENT.” RETENTION: 10 years. BID RECORDS: CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS. This record series consists of information relative to the processing and letting of capital improvement unsuccessful bids including legal advertisements, “Requests for Proposal,” technical specifications, correspondence, “Invitations to Bid,” bid tabulations and bid responses. “Capital Improvements” shall mean enhancement to buildings, fixtures and all other improvements to land. See also “BID RECORDS: CAPITAL IMPROVEMENT SUCCESSFUL BIDS” and “BID RECORDS: NONCAPITAL IMPROVEMENT.” RETENTION: 5 years. BID RECORDS: NON-CAPITAL IMPROVEMENT. This record series consists of information relative to the processing and letting of successful and unsuccessful noncapital improvement bids including legal advertisements, “Requests for Proposal,” technical specifications, correspondence, “Invitations to Bid,” bid tabulations and bid responses. See also “BID RECORDS: CAPITAL IMPROVEMENT SUCCESSFUL BIDS” and “BID

RECORDS: CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS.” RETENTION: 5 years. BIOGRAPHICAL FILES. This record series consists of vitas, biographies, photographs and newspaper clippings of employees. RETENTION: Retain until obsolete, superseded or administrative value is lost. BUDGET RECORDS: APPROVED ANNUAL BUDGET. This record series consists of the approved annual budget and its amendments. See also “BUDGET RECORDS: SUPPORTING DOCUMENTS” “These records may have archival value.” RETENTION: Permanent. BUDGET RECORDS: SUPPORTING DOCUMENTS. This record series consists of any supporting documentation supporting budget matters and is filed chronologically. See also “BUDGET RECORDS: APPROVED ANNUAL BUDGET.” RETENTION: 3 years. BUILDING PLANS. This record series consists of graphic and engineering records that depict conceptual as well as precise measured information essential for the planning and construction of buildings. See also “ARCHITECTURAL PLANS/SPECIFICATIONS: PRELIMINARY DRAWINGS.” RETENTION: Retain for life of structure. CALENDARS. This record series consists of a calendar showing official daily appointments and meetings. RETENTION: 1 year. CASE RELATED RECORDS NOT IN THE CUSTODY OF THE CLERK AND /OR NOT IN CASE FILE. This record series includes records that are related to a trial court records as defined in Rule 2.420, Florida Rules of Judicial Administration, because they are not filed with the clerk of court and

are not included in the court file. These records include, but are not limited to, drug court evaluation and progress reports, mediation reports, deferred prosecution and diversion records, and arbitration reports. Case-related trial court documents may be destroyed or disposed of after a judgment has become final in record accordance with the following schedule: RETENTION: (A) 60 days- Parking tickets and noncriminal traffic infractions after required audits have been completed. (B) 2 years- Proceedings under the Small Claims Rules, Medical Mediation Proceedings. (C) 5 years- Misdemeanor actions, criminal traffic violations, ordinance violations, civil litigation proceedings in county court other than those under the Small Claims Rules, and civil proceedings in circuit court except marriage dissolutions and adoptions. (D) 10 years- Probate, guardianship, and mental health proceedings. (E) 10 years- Felony cases in which no information or indictment was filed or in which all charges were dismissed, or in which the state announced a nolle prosequi, or in which the defendant was adjudicated not guilty. (F) 75 years- juvenile proceedings containing an order permanently depriving a parent of custody of a child, and adoptions and all felony cases not previously destroyed. (G) Juvenile proceedings not otherwise provided for in this subdivision shall be kept for 5 years after the last entry or until the child reaches the age of majority, whichever is later. (H) Marriage dissolutions- 10 years from the last record activity. The court may authorize destruction of court records not involving alimony, support, or custody of children 5 years from the last record activity. CERTIFICATION FORWARD DOCUMENTS. This record series consists of lists of encumbrances to be applied against certified forward money which is money brought forward from the previous fiscal year for goods and services which were not received until the current fiscal year. See also

“ENCUMBRANCE RECORDS.” RETENTION: 3 years. CHILD SUPPORT/ALIMONY DISBURSEMENT RECORDS: DETAIL. This series consists of records documenting disbursement of child support or alimony. The series includes, but is not limited to, check registers, check stubs, cancelled checks, cancelled warrants, disbursement ledgers, transaction journals, vendor invoice, refund records and other accounts payable related documentation. RETENTION: 5 fiscal years. CHILD SUPPORT/ALIMONY DISBURSEMENT RECORDS: SUMMARY. This series consists of records providing summary or aggregate documentation of expenditures or transfers moneys for child support or alimony. The series may include, but is not limited to, trail balance reports, check logs and registers, summary reports, summary journal transactions and other accounts payable summary related documentation. RETENTION: 10 fiscal years. CHILD SUPPORT/ALIMONY RECEIPT/REVENUE RECORDS: DETAIL. This series consists of records documenting specific receipts/revenues collected for child support or alimony. The series may include, but is not limited to, cash receipts, receipt books, deposit receipts, bank validated deposit slips, depository ledger reports filed with Clerk of Court, transaction journals, refund records, bad check records and other accounts receivable related documentation. RETENTION: 5 fiscal years. CHILD SUPPORT/ALIMONY RECEIPT/REVENUE RECORDS: SUMMARY. This series consists of records providing summary or aggregate documentation of receipts/revenues collected for child support or alimony. The series may include, but is not limited to, monthly statements of bank accounts, trial balance reports, bank statements, credit and debit card reports, collection balance sheets and other receivable summary related documentation.

RETENTION: 10 fiscal years. COMPLAINTS: CITIZENS/CONSUMERS/EMPLOYEES. This record series consists of individual complaints received from citizens, consumers or employees. This file may include the name, address, date of complaint, telephone number, the complaint to whom referred and date, action taken and signature of person taking the action. RETENTION: 1 year. CONTINUING EDUCATION RECORDS. This record series consists of continuing education records, including records of judicial education. RETENTION: 2 years. CONTRACTS/LEASES/AGREEMENTS: CAPITAL IMPROVEMENT/REAL PROPERTY. This record series consists of legal documents, correspondence, reports, etc., relating to the negotiation, fulfillment and termination of capital improvement or real property contracts, leases or agreements to which the agency is a party, including contracts, leases or agreements with architects, engineers, builders, and construction companies. “Capital Improvements” shall mean improvements to real property (land, buildings, including appurtenances, fixtures and fixed equipment, structures, etc.), that add to the value and extend the useful life of the property, including construction of new structures, replacement or rehabilitation of existing structures (e.g., major repairs such as roof replacement), or removal of closed structures. ‘Real Property’ means land, buildings, and fixtures. The terms “land,” “real estate,” “realty” and “real property” may be used interchangeably. See also “CONTRACTS/ LEASES/ AGREEMENTS: NON-CAPITAL IMPROVEMENT.” RETENTION: 10 fiscal years after completion or termination of contract/lease/agreement. CONTRACTS/LEASES/AGREEMENTS: NON-CAPITAL IMPROVEMENT. This record series consists of legal documents, correspondence, reports, etc., relating to the negotiation, fulfillment and termination of non-capital improvement contracts, leases or agreements to which the agency is a party. In addition, it includes the various contracts,

leases or agreements entered into for the purchase of goods and services such as the purchase of gas, fuel oil and annual purchases of inventory-maintained items. See also “CONTRACTS/LEASES/AGREEMENTS: CAPITAL IMPROVEMENT/REAL PROPERTY.” RETENTION: 5 fiscal years after completion or termination of contract/lease/agreement. CORRESPONDENCE & MEMORANDA: ADMINISTRATIVE. This record series consists of routine correspondence and memoranda of a general nature that is associated with administrative practices but that does not create policy or procedure, document the business of a particular program, or act as a receipt. See also “INFORMATION REQUEST RECORDS.” “These records may have archival value.” RETENTION: 3 years. CORRESPONDENCE & MEMORANDA: PROGRAM AND POLICY DEVELOPMENT. This record series consists of correspondence and memoranda of any nature that is associated with a specific program or the development of policy and procedure. “These records may have archival value.” RETENTION: 5 years. COURT REGISTRY. This record series consists of records, ledgers and journals showing amounts paid into the Court Registry, held by the Court, and paid out by the Court. RETENTION: Permanent. COURT REPORTS. This record series consists of court reports, including SRS, jury management, witness management, uniform case reporting system records, and other statistical court reports. RETENTION: 3 years. DEEDS: PROPERTY. This record series consists of property deeds. Series may include appraisals, surveys, and other supporting documents. RETENTION: Retain as long as property is retained.

DELAYED BIRTH (APPLICATION/CERTIFICATE/AFFIDAVITS, ETC.) This record series consists of an application signed by a judge for a birth (other than in a hospital usually). This record is filed with the County Court pursuant to Section 382.0195(4)(a), Florida Statutes. Once signed, the application becomes an order. The record copy is sent to Vital Statistics. RETENTION: Permanent. DIRECTIVES/POLICIES/PROCEDURES. This record series consists of the official management statements of policy for the organization, supporting documents, and the operating procedures which outline the methods for accomplishing the functions and activities assigned to the judicial branch entity. It includes all memoranda and correspondence generated relating to the policies and procedures which are to be followed by employees. See also “CORRESPONDENCE & MEMORANDA: PROGRAM AND POLICY DEVELOPMENT.” “These records may have archival value.” RETENTION: 2 years. DISASTER PREPAREDNESS DRILLS. This record series consists of the results of disaster preparedness exercises and the supporting documents including scenarios, location of safety related drills, time tables, response times, probable outcomes, areas of difficulties, descriptions of how difficulties were resolved, and areas for improvement. Types of drills include: fire, tornado, safety, hurricane and SARA chemical spills. See also “DIRECTIVES/POLICIES/PROCEDURES” and “DISASTER PREPAREDNESS PLANS.” RETENTION: 3 years. DISASTER PREPAREDNESS PLANS. This record series consists of disaster preparedness and recovery plans adopted by a judicial branch entity. See also “DIRECTIVE/POLICIES/PROCEDURES.” RETENTION: Retain until obsolete, superseded or administrative value is lost. DISBURSEMENT RECORDS: DETAIL. This series consists of records documenting specific expenditures or transfers of agency moneys for the procurement of commodities and services and other purposes. The series may

include, but is not limited to, procurement records such as requisitions, requisition logs, purchase orders, contracts, purchasing card (p-card) receipts, vendor invoices, receiving reports, acceptances of contract deliverables, approvals, and related documentation; and expenditure records for disbursements made through checks, warrants, electronic fund transfers (EFT), purchasing cards, or other methods, such as payment vouchers, approvals, check registers, cancelled checks, check stubs, cancelled warrants, disbursement ledgers, journal transactions, expenditure detail reports, refund records and other accounts payable and related documentation. Retention is based on s. 95.11(2), F.S., Statute of Limitations on contracts, obligations, or liabilities. See also “DISBURSEMENT RECORDS: SUMMARY,” “PURCHASING RECORDS,” and “TRAVEL RECORDS.” RETENTION: 5 fiscal years. DISBURSEMENT RECORDS: SUMMARY. This series consists of records providing summary or aggregate documentation of expenditures or transfers of agency moneys for the procurement of commodities and services and other purposes. The series may include, but is not limited to, summary records such as trial balance reports, check logs and registers, summary expenditure reports, federal grant final closeout reports, summary journal transactions, and other accounts payable summary and related documentation. See also “DISBURSEMENT RECORDS: DETAIL.” RETENTION: 10 fiscal years. DISCIPLINARY CASE FILES. This record series consists of both sustained formal or informal disciplinary cases investigated that allege employee misconduct or violations of department regulations and orders, and state/federal statutes. It includes statements by the employee, witnesses, and the person filing the complaint. “Formal discipline” is defined as disciplinary action involving demotion, removal from office, suspension, or other similar action. “Informal discipline” is defined as any disciplinary action involving written and verbal reprimands, memoranda, or other similar action. This record series also can consist of formal and informal disciplinary cases that were determined as not sustained, unfounded, or exonerated charges. See also “PERSONNEL RECORDS”. RETENTION: 5 years.

DRAFTS AND WORKING PAPERS. This record series consists of documents, correspondence, reports, memos, and other materials in preliminary or developmental form before their iteration as a final product. Drafts may include copies of materials circulated for review for grammar, spelling, and content. Working papers may include notes and miscellaneous documents and materials used in compiling and assembling the final product. Note that some draft documents and working papers may have long-term value; such documents may even have archival or historical value. Such records might be better placed under the record series “Administrator Records: Public Officials/Court Administrators.” RETENTION: Retain until obsolete, superseded or administrative value is lost. DRUG TEST RECORDS. This record series consists of the positive or negative results of a drug test under the Drug Free Workplace Act or as required for CDL or other drivers under US DOT regulations as well as records related to canceled tests. This series might include documents generated in decisions to administer reasonable suspicion or post-accident testing, or in verifying the existence of a medical explanation of the inability of the driver to provide adequate breath or to provide a urine specimen for testing. In addition, the case file could include: the employer’s copy of an alcohol test form, including the results of the test; a copy of the controlled substances test chain of custody control form; documents sent by the Medical Review Officer (MRO) to the employer; notice to report for testing; affidavit signed by the employee stating any prescription drugs or over the counter medication currently taken; and final clearance to resume working. This record series can also consist of documentation, including memorandum and correspondence, related to an employee’s refusal to take or submit samples for an alcohol and/or controlled substances test(s). RETENTION: 5 years. ELECTRONIC FUNDS TRANSFER RECORDS. This record series consists of documentation necessary to establish and maintain the electronic transfer of funds from one financial institution to another. The documentation may include, but is not limited to: an agreement between the two parties; a form which lists both institutions’ names, their routing numbers, the name of the

account holder, and the account’s authorizing signature; a canceled deposit slip or check; and the paperwork for the termination of service or transfer of service to a new institution. This series does not include the paperwork on a specific individual deposit or payment. RETENTION: 5 fiscal years. ELECTRONIC RECORDS SOFTWARE. This record series consists of proprietary and non-proprietary software as well as related documentation that provides information about the content, structure and technical specifications of computer systems necessary for retrieving information retained in machine-readable format. These records may be necessary to an audit process. RETENTION: Retain as long as there are software dependent records. EMPLOYEE PRE-COUNSELING RECORDS. This record series consists of material and supporting documentation which provide documentation of initial contact with an employee regarding incidents which may or may not lead to disciplinary action. This series is not considered in and of itself a part of the employee discipline record. RETENTION: 1 year. EMPLOYMENT EXAMINATION RECORDS. This record series consists of test plans, announcements, grades, grading scales, keyed exams, test monitor’s list of candidates, any research toward the development of the tests, and any other selection or screening criteria. See “PERSONNEL RECORDS” and “RECRUITMENT & SELECTION PACKAGES.” RETENTION: 4 anniversary years. ENCUMBRANCE RECORDS. This record series consists of documents and reports which document funds that have been encumbered. See also “CERTIFICATION FORWARD DOCUMENTS.” RETENTION: 3 years. ENDOWMENTS, BEQUESTS AND TRUST FUND RECORDS. This record series consists of creating, establishing or contributing to endowments, bequests and trust fund records. “These records may have archival value.”

RETENTION: Permanent. ENVIRONMENTAL REGULATION RECORDS. This record series consists of permits, reviews, supporting documents and correspondence resulting from environmental regulation requirements. RETENTION: 5 years. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE RECORDS. This record series consists of EEO-5 and supporting documents, reviews, background papers and correspondence relating to employment papers and correspondence relating to employment statistics (race, sex, age, etc.). See also “AFFIRMATIVE ACTION RECORDS.” RETENTION: 4 anniversary years after final action. EQUIPMENT/VEHICLE MAINTENANCE RECORDS. This record series documents service, maintenance, and repairs to agency equipment and vehicles, including program changes to electronic equipment. The series may include, but is not limited to, work orders and documentation of dates/history of repairs, locations, cost of parts, hours worked, etc. Records for all agency vehicles, including ground, air, and water vehicles, are covered by this series. See also “VEHICLE RECORDS.” RETENTION: 1 fiscal year after disposition of equipment. EQUIPMENT/VEHICLE USAGE RECORDS. This record series documents use of agency equipment and vehicles, including, but not limited to, vehicle logs indicating driver, destination, fuel/service stops, and odometer readings and/or total trip mileage; equipment usage logs and/or reports; and other usage documentation. See also “VEHICLE RECORDS.” RETENTION: a) Record copy. 1 calendar year. b) Duplicates. Retain until obsolete, superseded, or administrative value is lost. EXPENDITURE PLANS: CAPITAL. This record series consists of capital improvement expenditure plans.

RETENTION: Permanent. FACILITY RESERVATION/Rental records. This record series consists of forms generated in the process of renting or scheduling a public meeting hall or room, conference site, to a citizen or family, private organization, or other public agency. These forms include, but are not limited to, name of renter, renter’s address and telephone number, method of payment, acknowledgment of rules, liability, damage waivers, and the date and time of the rental as well as what facility or portion of a facility is to be reserved. These forms may contain a check number, corresponding receipt number, an amount as well as deposit information. There may also be a floor plan denoting the desired arrangement of tables or chairs as requested by the renter. RETENTION: 5 fiscal years. FEASIBILITY STUDY RECORDS. This record series consists of working papers, correspondence, consulting firm reports and management committee reports investigating various projects of the judicial branch entity. RETENTION: 3 years. FEDERAL AND STATE TAX FORMS/REPORTS. This record series consists of W-2 Forms, W-4 Forms, W-9 Forms, 940 Forms, 941-E Forms, 1099 Forms, 1099 Reports and UTC-6 Forms. The retention period mentioned below for the record (master) copy was established pursuant to Section 26 CFR 31.6001-1(2). RETENTION: 4 calendar years. GENERAL LEDGERS: ANNUAL SUMMARY. This record series consists of ledgers containing accounts to which debits and credits are posted from supporting documents of original entry. It includes all permanent ledger entries. RETENTION: Permanent. GRAND JURY NOTES. This record series consists of stenographic records, notes, and transcriptions made by the court reporter or stenographer during the grand jury session. These records are normally kept in a sealed container and are not subject to public inspection pursuant to Section 905.17(1), Florida

Statutes. A Court order must be obtained for disposition. RETENTION: 10 years from closing of session. GRAND JURY RECORDS. This record series consists of jury summons, requests for recusal, juror payments, information to jurors’ employers, lists of jurors, juror questionnaires, and other records related to a grand jury. This record series includes records related to a grand jury and the statewide grand jury. RETENTION: 2 years. GRANT FILES. This record series consists of financial, management and any other related material which is generated subsequent to application for or expenditure of grant funds. These files include all applications, supporting documentation, contracts, agreements, and routine reports. Check with applicable grant agency for any additional requirements. Project completion has not occurred until all reporting requirements are satisfied and final payments have been received. See also “PROJECT FILES: FEDERAL”, and “PROJECT FILES: NONCAPITAL IMPROVEMENT”. “These records may have archival value.” RETENTION: 5 fiscal years after completion of project. GRIEVANCE FILES (EMPLOYMENT). This record series consists of records of all proceedings in the settlement of disputes between employer and employee. See also “PERSONNEL RECORDS.” RETENTION: 3 years. HEALTH RECORDS: BLOOD BORNE PATHOGEN/ASBESTOS/EXPOSURE. This record series consists of medical records of employees who may have or did come into contact with blood or other potentially hazardous materials. These confidential records include the employee’s name, social security number, hepatitis B vaccination status including the dates of testing, results of examinations, medical testing, and follow up procedures, a copy of the healthcare professional’s written opinion, a list of complaints which may be related to the exposure, and a copy of information provided to the healthcare professional. This record series can also consist of documents which record the exposure or possible

exposure of an employee to a blood borne pathogen, contagion, radiation and chemicals above the acceptable limits or dosage. These documents may include statistical analyses, incident reports, material safety data sheets, copies of medical records or reports, risk management assessments, and other necessary data to support the possibility of exposure. Please refer to 20 CFR 1910.1030. RETENTION: 30 years after termination, retirement, or separation from employment. INCIDENT REPORTS. This record series consists of reports of incidents which occur at a public facility or on publicly owned property. It may include alarm malfunctions, suspicious persons, maintenance problems, or any other circumstance that should be noted for future reference or follow up. RETENTION: 4 years. INFORMATION REQUEST RECORDS. This record series consists of correspondence accumulated in answering inquiries from the public. See also “CORRESPONDENCE & MEMORANDA: ADMINISTRATIVE.” RETENTION: 1 year. INSPECTION RECORDS: FIRE/SECURITY/SAFETY. This record series consists of inspection reports for fire, security, and safety. RETENTION: 4 years. INSPECTION REPORTS: FIRE EXTINGUISHER (ANNUAL). This records series consists of annual fire extinguisher inspection reports. RETENTION: 1 anniversary year or life of equipment, whichever is sooner. INSURANCE RECORDS. This record series consists of all policies, claim filing information, correspondence and claims applications made by an agency, premium payment records which includes fire, theft, liability, medical, life, etc. on agency’s property or employees. The record series also consists of a list of any insurance carriers and the premium payment amounts paid to them.

RETENTION: 5 years after final disposition of claim or expiration of policy. INVENTORY RECORDS: PHYSICAL. This record series consists of all information regarding the physical inventory of all Operating Capital Outlay (O.C.O.) items which require an identification number and tag. Included in these reports are items sold through the auctions process as well as the Fixed Inventory Report showing all property owned by the judicial branch entity. See also “SUPPLY RECORDS.” RETENTION: 3 years. JQC — JUDICIAL FINANCIAL DISCLOSURE FORMS. This record consists of all financial disclosure forms filed by the judiciary with the Judicial Qualifications Commission. RETENTION: 10 years. JQC — JUDICIAL COMPLAINTS. This record consists of individual complaints received from citizens, judges, or lawyers against members of the judiciary. RETENTION: 3 years if complaint summarily dismissed. For the lifetime of the judge against whom the complaint has been filed in all other cases. JUROR NOTES. Juror notes shall consist of any written notes taken by jurors during civil or criminal trials. RETENTION: Immediate destruction upon issuance of a verdict or if the trial ends prematurely as a result of a mistrial, plea, or settlement. JURY RECORDS. This record series consists of jury summons, requests for recusal, juror payments, information to jurors’ employers, lists of jurors, juror questionnaires, and other records related to the jury pool. This record series includes records related to petit juries. RETENTION: 2 years. KEY AND BADGE ISSUANCE RECORDS. This record series consists of the key control system which includes receipts for keys and security or identification badges issued by employees. See also “VISITOR LOGS”.

RETENTION: Retain as long as employee is employed. LAW OFFICE MANAGEMENT ASSISTANCE SERVICE RECORDS. This record series consists of all materials in connection with consultations or advice given in the course of office management assistance services provided to an attorney, legal office, or law firm. RETENTION: Retain until obsolete, superseded or administrative value is lost. LEAVE TRANSACTION REPORTS. This record series consists of the printed record generated through COPES of the total hours used and the accrual earned during a pay period. It also consists of the leave balances of vacation, sick and compensatory leave for all employees in the agency. RETENTION: 3 years. LEGISLATION RECORDS. This record series consists of proposed legislation for the Florida Legislature and all supporting documentation, analysis or tracking information. “These records may have archival value.” RETENTION: Retain until obsolete, superseded or administrative value is lost. LIBRARY CIRCULATION RECORDS. This record series consists of the transactions devised to make library materials and equipment available to the entire library clientele. Also, includes delinquent records and charges, copies of incoming and outgoing interlibrary loan requests for books, magazine articles, microfilms, renewals and subject searches. RETENTION: 3 years. LITIGATION CASE FILES. This record series consists of legal documents, notes, reports, background material, etc. created in the preparation of handling legal disputes involving a judicial branch entity. See also, “OPINIONS: LEGAL (ATTORNEY),” and “OPINIONS: LEGAL (SUPPORTING DOCUMENTS).” RETENTION: 5 years after case closed or appeal process expired. MAIL: UNDELIVERABLE FIRST CLASS. This record series consists of

mail from any judicial branch entity, returned due to an incorrect address or postage. See also “MAILING LISTS” and “POSTAGE RECORDS.” RETENTION: 1 year. MAILING LISTS. This record series consists of mailing lists. See also “MAIL: UNDELIVERABLE FIRST CLASS” and “POSTAGE RECORDS.” RETENTION: Retain until obsolete, superseded or administrative value is lost. MANAGEMENT SURVEYS/STUDIES: INTERNAL. This record series consists of the raw data and work papers for any survey conducted to study management issues such as client/patron/employee satisfaction and service improvement. This data may include survey response cards, the results of telephone polls, tally sheets, opinion cards for suggestion boxes, and other records related to the study of internal operations. This does not include a consultant report. The final computation of the data is produced as a survey report and may be scheduled either as part of a feasibility study, project case file, or an operational/statistical report - depending on the nature and depth of the survey/study. RETENTION: 1 year after final data or report released. MATERIALS SAFETY RECORDS. This record series consists of a list of toxic substances to which an employee is, has been or may be exposed to during the course of their employment with an employer who manufacturers, produces, uses, applies or stores toxic substances in the work place. RETENTION: 30 years. MEMORANDA - LEGAL: Court’s decision-making. This record series consists of memoranda, drafts or other documents involved in a court’s judicial decision-making process. RETENTION: Retain until obsolete, superseded or administrative value is lost. MINUTES: OFFICIAL MEETINGS. This record series consists of the minutes of meetings convened to establish policy or precedent and includes meetings of the Board of Governors of The Florida Bar and The Florida

Board of Bar Examiners, and court administrative conferences. See also “MINUTES: OTHER MEETINGS” and “MINUTES: OFFICIAL MEETINGS (AUDIO/VISUAL RECORDINGS).” “These records may have archival value.” RETENTION: Permanent. MINUTES: OFFICIAL MEETINGS (AUDIO/VISUAL RECORDINGS). This record series consists of official audio and video recordings of meetings. See also, “MINUTES: OTHER MEETINGS.” RETENTION: Until minutes are prepared. MINUTES: OFFICIAL MEETINGS (SUPPORTING DOCUMENTS). This record series consists of the agenda and supporting documents for official meetings. See also “MINUTES: OTHER MEETINGS” and “MINUTES: OFFICIAL MEETINGS (AUDIO/VISUAL RECORDINGS).” RETENTION: 3 years. MINUTES: OTHER MEETINGS. This record series consists of minutes from all meetings which are not included in “MINUTES: OFFICIAL MEETINGS.” RETENTION: 1 year. MONTHLY DISTRIBUTION OF FINES. This record series consists of monthly reports, prepared by the clerk, of all fines imposed under the penal laws of the state and the proceeds of all forfeited bail bonds or recognizance which are paid into the fine and forfeiture fund. The report contains the amount of fines imposed by the court and of bonds forfeited and judgments rendered on said forfeited bonds, and into whose hands they had been paid or placed for collection, the date of conviction in each case, the term of imprisonment, and the name of the officer to whom commitment was delivered. RETENTION: 3 fiscal years. NEWS RELEASES. This record series consists of news releases distributed by the judicial branch entity and news releases received from other offices for informational purposes. See also “PUBLIC INFORMATION CASE FILES,”

and “PRE-PUBLICATIONS AND MEDIA ITEM RECORDS.” “These records may have archival value.” RETENTION: 90 days. OPERATIONAL AND STATISTICAL REPORT RECORDS: OFFICE. This record series consists of daily, weekly, monthly, biannual, and annual narrative and statistical reports of office operations made within and between judicial branch entities. Also included in this series are activity reports demonstrating the productivity of an employee or the work tasks completed for a period of time (hourly/daily/weekly). RETENTION: Retain until obsolete, superseded or administrative value is lost. OPINIONS: ETHICS. This record series consists of advisory ethical opinions issued by the appropriate committee in response to an inquiry from a regulated person or entity. “These records may have archival value.” RETENTION: Permanent. OPINIONS: ETHICS (SUPPORTING DOCUMENTS). This record series consists of supporting documents relating to advisory ethical opinions. RETENTION: 3 years. OPINIONS: LEGAL (ATTORNEY). This record series consists of written opinions of lasting significance establishing policy or precedent answering legal questions involving questions of interpretation of Florida or federal law. This does not include memoranda, drafts or other documents involved in a court’s judicial decision-making process. See also “CORRESPONDENCE & MEMORANDA: PROGRAM AND POLICY DEVELOPMENT”, “LITIGATION CASE FILES,” “MEMORANDA — LEGAL” and “OPINIONS: LEGAL (SUPPORTING DOCUMENTS).” “These records may have archival value.” RETENTION: Permanent. OPINIONS: LEGAL (SUPPORTING DOCUMENTS). This record series consists of the supporting documentation to the opinions that answer legal questions involving questions of interpretation of Florida or Federal law. See

also “LITIGATION (ATTORNEY).”

CASE

FILES”

and

“OPINIONS:

LEGAL

RETENTION: 3 years. ORDERS: ADMINISTRATIVE. This record series consists of administrative orders as defined in Rule of Judicial Administration 2.020(c). RETENTION: Permanent. ORGANIZATION CHARTS. This record series consists of organizational charts that show lines of authority and responsibility within and between judicial branch entities. See also “DIRECTIVES/POLICIES/PROCEDURES.” RETENTION: Retain until obsolete, superseded or administrative value is lost. OTHERWISE UNCATEGORIZED RECORDS. This record series consists of all records which are not otherwise specified in this schedule. RETENTION: Retain until obsolete, superseded or administrative value is lost. PARKING DECAL/PERMIT RECORDS. This record series consists of parking applications for automobile and motor bike decals for employees. See also “VEHICLE RECORDS.” RETENTION: 2 years. PAYROLL RECORDS. This record series consists of the following: a form used by staff to rectify errors in payroll processing including: wrong name, incorrect deductions or salary, inaccurate tax information, or other problems; forms authorizing direct deductions for insurance, union dues, credit unions, savings bonds, charitable contributions, deferred compensation, day care, etc.; any payroll record posted to the employee’s applicable retirement plan, in any format (plus indices, if applicable), which are used to document payment for retirement or other purposes during an employee’s duration of employment and also lists each rate(s) of pay changes. RETENTION: 4 years.

PAYROLL RECORDS: REGISTERS (POSTED). This record series consists of records posted to the employee’s retirement plan, in any format (plus indexes, if applicable), which are used to document payment for retirement or other purposes during an employee’s duration of employment and also lists each rate of pay. Please note that the information in this record series should be posted to an applicable retirement plan. See also other “PAYROLL RECORDS” and “SOCIAL SECURITY CONTROLLED SUMMARY RECORDS.” RETENTION: 4 years. PERSONNEL RECORDS. This record series consists of an application for employment, resume, personnel action reports, directly related correspondence, oath of loyalty, fingerprints, medical examination reports, performance evaluation reports, worker’s compensation reports, and other related materials. See also “EMPLOYMENT EXAMINATION RECORDS,” “DISCIPLINARY CASE FILES,” and other “PERSONNEL RECORDS.” RETENTION: 25 years after separation or termination of employment. PERSONNEL RECORDS: LOCATOR. This record series consists of a log or card of where to locate personnel including name of individual, location to be found, date, address, emergency contact and other general information. RETENTION: Retain until obsolete, superseded or administrative value is lost. PERSONNEL RECORDS: OPS/TEMPORARY EMPLOYMENT. This record series consists of all information relating to each O.P.S. or temporary employee within each judicial branch entity. Also, records may include an employment application, resume, personnel action forms and any correspondence relating to that individual. Temporary employment may include personnel from a local employment agency. See also “EMPLOYMENT EXAMINATION RECORDS,” “DISCIPLINARY CASE FILES,” and other “PERSONNEL RECORDS.” RETENTION: 3 years. PETTY CASH DOCUMENTATION RECORDS. This record series consists of receipts, bills and monthly balances indicating amount needed for

replenishing this revolving account. RETENTION: 3 years. POSITION DESCRIPTION RECORDS. This record series consists of specifically assigned duties and responsibilities for a particular position, including percentage breakdown of duties. RETENTION: 2 years after superseded. POSTAGE RECORDS. This record series consists of a detailed listing showing the amount of postage used, date, unused balance and purpose. See also “MAILING LISTS” and “MAIL: UNDELIVERABLE FIRST CLASS.” RETENTION: 3 years. PRE-PUBLICATIONS AND MEDIA ITEM RECORDS. This record series consists of records used to generate publications such as catalogs, pamphlets and leaflets and other media items including rough, blue lined, and final copies. See also “NEWS RELEASES” and “PUBLIC INFORMATION CASE FILES”. RETENTION: Retain until receipt of final copy. PROCLAMATIONS/RESOLUTIONS. This record series consists of an expression of a governing body or public official concerning administrative matters, an expression of a temporary character or a provision for the disposition of a particular item of the administrative business of a governing body or judicial branch entity. See also, “DIRECTIVES/POLICIES/PROCEDURES.” “These records may have archival value.” RETENTION: Permanent. PROCLAMATIONS/RESOLUTIONS: SUPPORTING DOCUMENTS. This record series consists of documents that were used to prepare a proclamation or resolution. See also “PROCLAMATIONS/RESOLUTIONS” and “DIRECTIVES/POLICIES/PROCEDURES.” RETENTION: 3 years.

PROGRAM/SUBJECT/REFERENCE FILES. This record series may contain correspondence, reports, memoranda, studies, articles, etc. regarding topics of interest to or addressed by a judicial branch entity. See also, “ADMINISTRATIVE RECORDS: PUBLIC OFFICIALS/COURT ADMINISTRATORS”. RETENTION: Retain until obsolete, superseded, or administrative value is lost. PROJECT FILES: CAPITAL IMPROVEMENT. This record series consists of correspondence or memoranda, drawings, resolutions, narratives, budget revisions, survey information, change orders, computer runs and reports all pertaining to capital improvement projects, construction and contract specifications for various proposed projects sent out for bid. See also “PROJECT FILES: FEDERAL,” and “PROJECT FILES: NON-CAPITAL IMPROVEMENT.” RETENTION: 10 years. PROJECT FILES: FEDERAL. This record series consists of original approved project contracts, agreements, awards, and line-item budgets, budget amendments, cash requests, correspondence and audit reports. See also “GRANT FILES” and “PROJECT FILES: CAPITAL IMPROVEMENT.” RETENTION: 5 years. PROJECT FILES: NON-CAPITAL IMPROVEMENT. This record series consists of correspondence or memoranda, drawings, resolutions, narratives, budget revisions, survey information, change orders, computer runs and reports all pertaining to projects in progress, construction and contract specifications for various proposed projects sent out for bid. See also “GRANT FILES,” “PROJECT FILES: CAPITAL IMPROVEMENT,” and “PROJECT FILES: FEDERAL.” RETENTION: 5 years. PROPERTY TRANSFER FORMS. This record series consists of all capital and non-capital property transfer forms to declare surplus or transfer to another unit of local or state government. This series does not include real

property transfers. RETENTION: 1 year. PUBLIC INFORMATION CASE FILES. This record series consists of speeches and drafts, contact prints, negatives, enlargements from negatives and transparencies created as illustrations in publications or as visual displays of activities of the judicial branch entity. See also “NEWS RELEASES,” and “PRE-PUBLICATIONS AND MEDIA ITEM RECORDS.” “These records may have archival value.” RETENTION: 90 days. PUBLIC PROGRAM/EVENT RECORDS: CONTRACTED. This record series consists of case files of events or programs which are available to the public or segments of the public. Files may include copies of contracts or agreements, participant or performer information, program details and arrangements, photo or video tapes. See also “PUBLIC PROGRAM/EVENT RECORDS: NON-CONTRACTED.” RETENTION: 5 years. PUBLIC PROGRAM/EVENT RECORDS: NON-CONTRACTED. This record series consists of case files of events or programs which are available to the public or segments of the public. Files may include, copies of contracts or agreements, participant or performer information, program details and arrangements, photo or video tapes. See also “PUBLIC PROGRAM/EVENT RECORDS: CONTRACTED.” RETENTION: 3 years. PURCHASING RECORDS. This record series consists of a copy of the purchase order which is retained by the originating office while another is sent by the purchasing office to the appropriate vendor for action. The series may include, but is not limited to, copies of requisitions sent by the originating office to supply, purchasing, graphics, duplicating, or other sections for action; copies of receiving reports; and a log of outstanding and paid requisitions and purchase orders used for cross-referencing purposes. See also “DISBURSEMENT RECORDS: DETAIL.”

RETENTION: 5 fiscal years. RECEIPT/REVENUE RECORDS: DETAIL. This series consists of records documenting specific receipts/revenues collected by an agency through cash, checks, electronic fund transfers (EFT), credit and debit cards, or other methods. The series may include, but is not limited to, records such as cash collection records and reports, cash receipt books, cash register tapes, deposit/transfer slips, EFT notices, credit and debit card records, receipt ledgers, receipt journal transactions and vouchers, refund records, bad check records, and other accounts receivable and related documentation. Retention is based on s. 95.11(2), F.S., Statute of Limitations on contracts, obligations, or liabilities. See also “RECEIPT/REVENUE RECORDS: SUMMARY.” RETENTION: 5 fiscal years provided applicable audits have been released. RECEIPT/REVENUE RECORDS: SUMMARY. This series consists of records providing summary or aggregate documentation of receipts/revenues collected by an agency. The series may include, but is not limited to, records such as trial balance reports, bank statements, credit and debit card reports, revenue reconciliations, collection balance sheets, and other accounts receivable summary and related documentation. See also “RECEIPT/REVENUE RECORDS: DETAIL.” RETENTION: 10 fiscal years provided applicable audits have been released. RECEIPTS: REGISTERED AND CERTIFIED MAIL. This record series consists of receipts for registered and certified mail sent out or received by a particular judicial branch entity. See also “MAIL: UNDELIVERABLE FIRST CLASS,” and “POSTAGE RECORDS.” RETENTION: 1 year. RECRUITMENT & SELECTION PACKAGES. This record series consists of all records which document the selection process and justify the selection process and justify the selection decision including: details of the job analysis and identification of the knowledge, skills and abilities necessary to perform the job; application forms and/or resumes for employment including

demographic data of applicants including but not limited to race, sex, age and veteran status; list of all applicants’ name and ratings or rankings (if applicable) for each selection technique; description of the selection process; selection techniques used, including samples, supplemental applications, etc.; the current position description; the names and titles of all persons administering the selection process or participating in making selection decisions; the job opportunity announcement and any other recruitment efforts; and other information that affects the selection decisions. See also “EMPLOYMENT EXAMINATION RECORDS”. RETENTION: 4 anniversary years after personnel action and any litigation is resolved. SALARY COMPARISON REPORTS. This record series consists of a report which is distributed and provided for reference purposes only. This data is compiled from records located in the Personnel Office. RETENTION: 1 year. SALARY SCHEDULES. This record series consists of a pay grade comparison chart or log indicating the salary classification for each position. RETENTION: 10 years. SEARCH COMMITTEE RECORDS. This record series consists of minutes, reports, vitas, resumes, interview score sheets, interview results, list of priority hires, a personnel requisition, references of applicants and the affirmative action compliance report. RETENTION: 180 days. SEARCH WARRANTS SERVED: NO ARREST/NO CASE FILED. This record series consists of the original affidavit for search warrant, search warrant and return of the search warrant. Series may also include property inventory and receipt, if any property was obtained. After execution of the warrant it is filed with the Clerk of Court as served with no arrest having been made. Since no court case is generated, these are kept as a separate record series. RETENTION: 1 year after date of return.

SOCIAL SECURITY CONTROLLED SUMMARY RECORDS. This record series consists of a judicial branch entity’s copy of the State’s FICA report mailed to the Division of Retirement. Report lists the total taxable wages plus the amount withheld from employee wages plus employer’s contribution. See also “PAYROLL RECORDS.” RETENTION: 4 calendar years after due date of tax. STATE AUTOMATED MANAGEMENT ACCOUNTING SYSTEM (SAMAS) REPORTS. This record series consists of reports of all updated transactions entered into the system and a financial statement for each month for all divisions of judicial branch entities. RETENTION: 3 years. STATE AWARDS AND RECOGNITION FILES. This record series consists of data relating to the State Meritorious Service Awards Program. File contains employee suggestion forms (Form DMS/EPE.AWP01), evaluations, adoption forms and payment records. It also contains Superior Accomplishment nomination forms and payment records. Summary information submitted to the Department of Management Services for Annual Workforce Report (Form DMS/EPE.AWP02) is also contained in this record series. RETENTION: 3 years. SUPPLY RECORDS. This record series consists of documentation of a perpetual inventory of expendable supplies located in a central supply office for use by judicial branch entity employees. Included in this series is a listing of all available supplies which is distributed periodically or upon request. See also “INVENTORY RECORDS: PHYSICAL.” RETENTION: 3 years. SURVEILLANCE VIDEO TAPES. This record series consists of surveillance video tapes created to monitor activities occurring both within and outside of public buildings. This tape may play an integral part in prosecution or disciplinary actions. RETENTION: 30 days, then erase and reuse provided any necessary

images are saved. TELEPHONE CALL RECORDS: LONG DISTANCE. This record series consists of documentation and logs of separately billed long distance telephone service. RETENTION: 1 year. TRAINING MATERIAL RECORDS. This record series consists of materials used in training, such as films, slides, commentaries, manuals, workbooks and other related items. This records series does not include individual training records. RETENTION: Retain until obsolete, superseded or administrative value is lost. TRAINING RECORDS: EMPLOYEE. This record series consists of a record for each employee which may include all educational and training records of the employee. See also “PERSONNEL RECORDS.” RETENTION: 3 years. TRANSITORY MESSAGES. This record series consists of those records that are created primarily for the communication of information, as opposed to communications designed for the perpetuation of knowledge. Transitory messages do not set policy, establish guidelines or procedures, certify a transaction, or become a receipt. The informal tone of transitory messages might be compared to the communication that might take place during a telephone conversation or a conversation in an office hallway. Transitory messages would include, but would not be limited to: E-mail messages with short-lived, or no administrative value, voice mail, self-sticking notes, and telephone messages. RETENTION: Retain until obsolete, superseded or administrative value is lost. TRAVEL RECORDS. This record series consists of records required to support reimbursement of expenses incurred during official travel. RETENTION: 5 fiscal years.

UNCLAIMED PROPERTY RECORDS. This record series consists of forms required by the State Comptroller’s Office for the registration of abandoned tangible or intangible property. These forms are required under Chapter 717 of the Florida Statutes. The judicial branch entity holding the unclaimed property is to maintain a list of the specific type of property, amount, name, and last known address of the owner. RETENTION: 5 years after the property becomes reportable. UNEMPLOYMENT COMPENSATION RECORDS. This record series consists of reports submitted to the State on a quarterly basis stating the name of each employee, employee number, amount of wages paid during quarter subject to unemployment benefits, social security number, number of weeks covered and other pertinent information which is retained by the State for determination of unemployment benefits due to applicants for same. Also includes, receipts and statements of charges. RETENTION: 5 fiscal years. VEHICLE ACCIDENT REPORTS. This record series consists of reports of employees that are involved in accidents in a judicial branch entity vehicle or in their own vehicle during the course of official business. See also “VEHICLE RECORDS.” RETENTION: 4 anniversary years. VEHICLE RECORDS. This record series consists of all pertinent records pertaining to each vehicle owned by the judicial branch entity. The records usually consist of the vehicle registration papers, copy of the title, inspection information, maintenance agreements, credit card information, confidential tag issuance information and any other information relating to the vehicle. See also “VEHICLE ACCIDENT REPORTS.” RETENTION: 1 year after disposition of vehicle. VENDOR FILES. This record series consists of vendor invoices for items purchased or leased, received and paid for. RETENTION: 3 years. VISITOR LOGS. This record series consists of records documenting

employees’ and visitors’ entrance into a judicial branch entity’s building during and after office hours. See also “KEY AND BADGE ISSUANCE RECORDS.” RETENTION: 30 days. WIRE AND ORAL COMMUNICATIONS: APPLICATIONS, ORDERS AND AUDIO RECORDINGS. This record series consists of applications for an order authorizing the interception of a wire or oral communications and orders granted pursuant to Chapter 934, Florida Statutes. Also included are original recordings of the contents of any wire or oral communication made pursuant to Section 934.09, Florida Statutes. They shall not be destroyed except upon an order of the issuing or denying judge, or that judge’s successor in office, and in any event shall be kept for ten (10) years. RETENTION: 10 years (upon permission of the Court). WITNESS SUBPOENAS/LISTS. This record series consists of subpoena lists that may be used to establish witness payments. RETENTION: 3 years. WORK ORDERS. This record series consists of information reflecting the individual history of major or minor maintenance or services requiring a work order request. Work order includes dates, locations, cost of labor, hours worked, equipment cost per hour, material used and cost, and other pertinent details. This item does not include equipment maintenance records. See also “EQUIPMENT/VEHICLE MAINTENANCE RECORDS.” RETENTION: 3 years. WORK SCHEDULES. This record series consists of any scheduling documentation for shift or part time employees. These records may include hours scheduled to work, the switching of hours with another employee, the location or route of work assignment, and anticipated starting and ending times. RETENTION: 1 year. WORKERS’ COMPENSATION RECORDS. This record series consists of the first report of injury and the employer’s supplemental reports including, if

used, OSHA Form No. 200 as well as its predecessor forms No. 100 and 102 and OSHA Form No. 101. These records are created pursuant to Florida Statutes Section 440.09 and OSHA standards 1904.2, 1904.4, and 1904.5. RETENTION: 5 years.

Index to Florida Rules of General Practice and Judicial Administration ________

A ACCESSIBILITY OF INFORMATION AND TECHNOLOGY, 2.526. Electronically filed documents, 2.525(g). ADMINISTRATIVE JUDGE, 2.215(b)(5). ADMINISTRATIVE ORDERS. Advisory Committee, 2.140(h). Chief trial judge to enter, 2.215(b)(2). Costs for municipal ordinance violations, schedule, 2.265(b). Court reporter’s fee, setting, 2.535(e). Court reporting, 2.535(h)(3). Defined, 2.120(c). Electronic reporting, for use, 2.535(h)(4). Indexed and recorded by clerk, 2.215(e)(3). Local court rule, construed as, 2.215(e)(2). Recordation, 2.215(e)(3). Venue, change of, procedures governing media, 2.260(f). ADMINISTRATIVE RECORDS, RETENTION. Definitions, 2.440(a). Requirements, 2.440(b). Schedule for retention of administrative records, Appx. AFFIDAVITS. Electronic filing of court documents, 2.520(a). ALTERNATIVE DISPUTE RESOLUTION, CASES SUBJECT TO,

2.545(b)(4). AMENDMENTS TO RULES, PROCEDURE FOR. Committees. Appointment, 2.140(a)(3). Coordination of rules, 2.140(a)(7). Duties, 2.140(a)(5). Members, 2.140(a)(4). Report of proposed changes, 2.140(b)(4). Rules coordinating committee, 2.140(a)(6). Effective date of amendments, 2.140(b)(7). Expedited proposals, 2.140(e). Generally, 2.140(a). Local rules, not applicable to, 2.140(h). Notice. Amendments, 2.140(b)(2), 2.140(d)–(g). Rejected proposals, 2.140(c). Oral argument on proposals, 2.140(b)(5). Own motion of court, 2.140(d). Proposals. Report of proposed changes as needed, 2.140(b). Public comment on proposals, 2.140(a)(6), 2.140(b)(2), 2.140(b)(6). Referral to Rules of General Practice and Judicial Administration Committee, 2.140(a)(5), 2.140(g)(2). Rejected proposals, 2.140(c). Suggestions. Submission, 2.140(a)(2). Who may make, 2.140(a)(1). Supreme Court. Adoption without referral or proposal from rules committees, 2.140(g)(1). Request by, 2.140(f).

No action recommendation, 2.140(f)(2). Recommended rule changes, 2.140(f)(1). Voting by board of governors to accept or reject amendments, 2.140(b) (3). APPELLATE RULES, PRIORITY OF, 2.130. ATTIRE. Judges’ robes. Restrictions, 2.340. ATTORNEYS. Agent of client, as, 2.505(h). Appearance, 2.505(e). Attorney of record, 2.505(i). Certificate of attorney. Effect of filing or serving by electronic transmission, 2.515(c)(2). Signature constituting, 2.515(a)(4). Certified legal interns. Participation, 2.505(j). Electronic filing. Administrative duties, 2.525(f)(2). Attorney credentials used to file document, 2.525(b). Certificate of attorney, 2.515. Exceptions to requirement for attorneys excused from e-mail service, 2.525(d)(3). Generally. See ELECTRONIC FILING OF DOCUMENTS. Employee of court, practice by, 2.505(b). Foreign. Eligibility, 2.510(a). Generally, 2.505(a). Verified motion.

Contents, 2.510(b). Filing, 2.510(a). Generally, 2.505(a). Interns. Certified legal interns. Participation, 2.505(j). Interpreters, retention, 2.565. Judges’ office staff not to practice, 2.505(b). Law student participation, 2.505(j). Limited appearance. Notice of limited appearance, 2.505(e)(5). Termination, 2.505(f)(5). Neglect of duty, 2.215(h). Parties not represented by, 2.515(b), 2.515(c). Pleadings. See PLEADINGS. Post-judgment appearance. Termination, 2.505(f)(4). Practice by attorney employed by court, 2.505(b). Record, attorney of, 2.505(i). Service on attorneys. E-mail service. Exceptions, 2.516(b)(1)(B), 2.525(d)(3). Generally, 2.516(b)(1). Method other than e-mail, 2.516(b)(2). Signature, 2.515(a), 2.515(c). Stand-in counsel, 2.505(g). Appearance as stand-in counsel, 2.505(e)(6). Stipulations, 2.505(d).

Substitution, 2.505(e)(3), 2.505(e)(4), 2.505(f)(2). Judges, disqualification. Appearance of substitute or additional counsel to create grounds for disqualification, 2.330. Surety, not allowed to be, 2.505(c). Television coverage of conferences with client, co-counsel, or judge prohibited, 2.450(g). Termination of appearance, 2.505(f). Withdrawal, 2.505(f)(1).

B BRIEFS. Electronic filing. Required, 2.520(a).

C CALENDAR CONFLICTS, 2.550. CAPITAL CASES. Assignment of judge in, 2.215(b)(4), 2.215(b)(10). Court reporting services in, 2.535(i). Minimum qualifications for judge presiding over, 2.215(b)(10). Monitoring by chief judge, 2.215(b)(7). Priority, 2.550(a)(2). Status conferences, 2.215(i). CASE MANAGEMENT, 2.545. CERTIFIED LEGAL INTERNS. Participation, 2.505(j). CHANGE OF ADDRESS. Email address. Change of designated address, 2.603. Mailing address, 2.603. CHIEF JUDGE. District courts. See DISTRICT COURTS OF APPEAL. Judges generally. See JUDGES. CHIEF JUSTICE. See SUPREME COURT. CHRISTMAS. Time computation. Definition of legal holiday, 2.514(a)(6). CIRCUIT COURT.

Administration, 2.215. Chief judge. See JUDGES. Clerk. See CLERK. Redefining judicial circuits as part of determining need for additional judges, 2.240, 2.241. Rules. See LOCAL COURT RULES. Trial courts generally. See TRIAL COURT. CITATION OF RULES, 2.110. CLERK. District courts of appeal. Appointment, 2.210(b)(1). Duties, 2.210(b)(2)–(b)(5). Neglect of duty, 2.215(h). Reports to Supreme Court by, 2.245(a). Service of process, pleadings, etc, 2.516(g). Supreme court. Appointment, 2.205(b)(1). Duties, 2.205(b)(2)–(b)(5), 2.215(e)(1)(F). Office, 2.205(b)(1). COMMUNICATION TECHNOLOGY, USE, 2.530. COMPENSATION, JUDICIAL, 2.244. CONFERENCE OF JUDGES. Circuit court judges, 2.220(b). Cooperation and coordination with each other and with state courts administrator, 2.220(d).

County court judges, 2.220(a). District court of appeal judges, 2.220(c). CONFIDENTIALITY. Court reporting. Safeguarding confidential communications when electronic recording equipment used in courtroom, 2.535(h)(5). Public access to judicial branch records. Definition of confidential, 2.420(b). Determining confidentiality. Criminal cases, trial court records, 2.420(f). Noncriminal cases, appellate court records, 2.420(g). Noncriminal cases, trial court records, 2.420(e). Oral motions to determine, 2.420(h). Procedures of clerk and filer, 2.420(d). Victims of crime. “Marsy’s Law” crime information within court filing, 2.423. Notice of confidential crime victim information within court filing, 2.423 Appx A. List of confidential and exempt records, 2.420(c). Procedure to obtain access to confidential records, 2.420(j). Sanctions for violation of rule, 2.420(i). Service on victims and affected non-parties with confidential addresses, 2.420(k). Victims of crime. “Marsy’s Law” crime information within court filing, 2.423. Notice of confidential crime victim information within court filing, 2.423 Appx A. Supreme court. Certain proceedings confidential, 2.205(f). CONTINUANCES, 2.545(e).

Parental leave continuances, 2.570. CONTINUING JUDICIAL EDUCATION. Capital cases, 2.215(b)(10). General requirements, 2.320. COSTS AND FEES. Change of venue proceedings, 2.260(c)–(e). County courts, in, 2.265(b). Court reporters’ fees, 2.535(b), 2.535(e). Filing fees. District courts of appeal, in, 2.210(b)(3). Electronic transmission, 2.525(f)(2). Supreme court, in, 2.205(b)(4). Judicial disciplinary proceedings, 2.310(c). Reporter, 2.535(e). Substituted attorney’s fee, 2.505(e)(3). COUNTY COURT. Clerks generally. See CLERK. Costs and fees. See COSTS AND FEES. COURT RECORDS. Electronic filing of documents. See ELECTRONIC FILING OF DOCUMENTS. Minimization of filing sensitive information, 2.425. Possession, 2.410. Removal, 2.410. Retention. Court reporters’ notes, 2.430(e). Definitions, 2.420(b)(1), 2.430(a), 2.440(a)(2)(A).

Disposition other than destruction, 2.430(g). Exhibits, 2.430(f). Expunction, 2.430(i). Jury notes, 2.430(k). Permanently recorded records, 2.430(b), 2.430(d). Records not permanently recorded, 2.430(c). Release of records, 2.430(h). Sealed records, 2.430(j). Victims of crime. Confidentiality. “Marsy’s Law” crime information within court filing, 2.423. Notice of confidential crime victim information within court filing, 2.423 Appx A. COURT REPORTERS. Definitions, 2.535(a). Fees, 2.535(b), 2.535(e). Neglect of duty, 2.215(h). Officer of court, as, 2.535(g). Record, omissions from, 2.535(c). Retention of notes, 2.430(e). When required, 2.535(b). COURT REPORTING. Administrative order for, 2.535(h)(3). Approved transcriptionist defined, 2.535(a)(1). Capital cases, 2.535(i). Court reporter defined, 2.535(a)(1), 2.535(a)(3). Defined, 2.535(a)(4). Depositions, 2.535. Electronic, 2.535.

Fees for reporting services, 2.535(b), 2.535(e). Grand jury proceedings, 2.535(h)(6). Non-stenographic, 2.535(h)(3). Ownership of records, 2.535(d). Public expense, proceedings reported at, 2.535(h). Safeguarding confidential communications in proceedings, 2.535(h)(5). Transcripts, requirements, 2.535(f). COURT RULES. Amendment to. See AMENDMENTS TO RULES, PROCEDURE FOR. Defined, 2.120(a). Local. See LOCAL COURT RULES. CRIMINAL PROCEEDINGS. Death penalty cases. See CAPITAL CASES. Exhibits, retention, 2.430(f)(1). Initiation, 2.555. Interpreter, appointment, 2.560(a). Parental leave continuances. Applicability of rules of criminal procedure, 2.570(f). Priority over civil cases, 2.550(a)(3). Time standards, trial court, 2.250(a)(1).

D DAYS. Computation of time. Definitions. Last day, 2.514(a)(4). Legal holiday, 2.514(a)(6). Next day, 2.514(a)(5). Period stated in days less than 7 days, 2.514(a)(3). Period stated in days or longer unit of time, 2.514(a)(1). DEATH PENALTY CASES. See CAPITAL CASES. DEFINITIONS. Administrative order, 2.120(c). Administrative records, 2.420(b)(1), 2.440(a). Affected non-party, 2.420(b). Audio communication technology, 2.530(a). Audio-video communication technology, 2.530(a). Communication technology, 2.530(a). Confidential, 2.420(b). Confidential crime victim information. Public access to court records. “Marsy’s Law” crime information within court filing, 2.423(b). Court official, 2.530(a). Court records, 2.420(b). Court reporting, 2.535(a). Court rule, 2.120(a). Crime. Public access to court records.

“Marsy’s Law” crime information within court filing, 2.423(b). Criminal. Public access to court records. “Marsy’s Law” crime information within court filing, 2.423(b). Custodian, 2.420(b). Electronic transmission of documents, 2.525(a). Filer, 2.420(b). Judicial records, 2.430(a), 2.440(a). Last day, 2.514(a)(4). Legal holiday, 2.514(a)(6). Limited-English-proficient person. Interpreters, appointment, 2.560(g)(1). Local court rule, 2.120(b). Next day, 2.514(a)(5). Proceedings. Interpreters, appointment, 2.560(g)(2). Records of the judicial branch, 2.420(b). Retired judge, 2.205(a)(3)(B). Victims. Public access to court records. “Marsy’s Law” crime information within court filing, 2.423(b). DELINQUENCY PROCEEDINGS. Interpreters, appointment of, 2.560(a). DEPOSITIONS, 2.535. DISABILITIES, NOTICE TO PERSONS WITH, 2.540. DISQUALIFICATION OF TRIAL JUDGES, 2.330. DISTRICT COURT OF APPEAL BUDGET COMMISSION. Funding, 2.235(f). Membership, 2.235(e).

Operating procedures, 2.235(c). Organization, 2.235(e). Purpose of rule, 2.235(a). Recommendations by, action on, 2.235(d). Responsibilities, 2.235(a), 2.235(b). DISTRICT COURTS OF APPEAL. Assigned judges, 2.210(e). Budget commission, 2.235. Chief judge, 2.210(a)(2). Clerk, 2.210(b). Composition, 2.210(a)(1). Exercise of powers and jurisdiction, 2.210(a)(1). Increase or decrease in number of appellate districts, criteria for determining need for, 2.240, 2.241. Mandates, issuance, 2.210(b)(4). Marshal, 2.210(c). Open sessions, 2.210(d). Panels, 2.210(a)(1). Redefinition of appellate districts, criteria for determining need for, 2.240, 2.241. Time standards, 2.250(a)(2). DOCUMENTS. Conversion to electronic form, 2.525(c)(4), 2.525(c)(7). Court records. See COURT RECORDS. Date stamps, 2.520(d). Electronic filing. See ELECTRONIC FILING OF DOCUMENTS. Electronic filing mandatory, 2.520(a). Exceptions to electronic filing.

Type and size, 2.520. Exhibits, 2.520(c). Noncompliance with, 2.520(f). Recording space on documents, 2.520(d), 2.520(e). Return of paper to filer, self-addressed and postage-paid envelope required, 2.525(c)(6). Service. E-mail service. See E-MAIL SERVICE. Generally. See SERVICE OF NOTICE, PROCESS AND OTHER DOCUMENTS. Size, 2.520(b). Time stamps, 2.520(d). Type, 2.520(b).

E ELECTRONIC COURT REPORTING, 2.535. ELECTRONIC DEVICES. Defined, 2.451(a). Juror use. In-person proceedings, use during, 2.451(b). Remote proceedings, use during, 2.451(c). Use in courtroom by others than jurors, 2.451(d). ELECTRONIC FILING OF DOCUMENTS. Accessibility requirements, 2.525(g). Administrative duties. Attorneys and parties, 2.525(f)(2). Clerk, 2.525(f)(1). Applicability of rule to courts, 2.525(b). Attorney certificate. Effect of filing or serving by electronic transmission, 2.515(c)(2). Signature constituting, 2.515(a)(4). Attorney credentials used to file document, 2.525(b). Court records, 2.525(c)(1). Date of filing, 2.520(d), 2.525(f)(3). Definition of electronic transmission, 2.525(a). Exceptions to requirement. Attorneys excused from e-mail service, 2.525(d)(3). Clerk not able to accept, 2.525(d)(1). Court determination, 2.525(d)(8). Exhibits and other non-documentary materials, 2.525(d)(4). Large-size documents, 2.525(d)(5). Open court filings, 2.525(d)(6).

Paper filing permitted, 2.525(d)(7). Self-represented parties, 2.525(d)(2). Extension of access or page and size limitations, 2.525(f)(4). Mandatory, 2.520(a). Official court file, 2.525(c)(2)–(3). Paper documents. Conversion to electronic form, 2.525(c)(4), 2.525(c)(7). Return to filer, self-addressed and postage-paid envelope required, 2.525(c)(6). Service by electronic transmission, 2.525(e). Storage devices, 2.525(c)(5). ELECTRONIC MEDIA COVERAGE OF JUDICIAL PROCEEDINGS, 2.450. E-MAIL SERVICE. Additional time after service by email or methods other than hand delivery, 2.514. Attorneys. E-mail addresses designated by attorney, 2.516(b)(1)(A). Exceptions from requirement, 2.516(b)(1)(B), 2.525(d)(3). Compliance with requirement, 2.516(b)(1). E-mail service required, 2.516(b)(1). Format, PDF documents, 2.516(b)(1)(F). Parties not represented by attorney, 2.516(b)(1)(C). Address. Designation, 2.602. Change of designated address, 2.603. Exceptions from requirement, 2.516(b)(1)(D). Request for excuse, 2.601. Size limitations, 2.516(b)(1)(F). Time of service, 2.516(b)(1)(E).

EMERGENCY REQUIRING CLOSURE OF COURTS, 2.205(a)(2)(B) (iv). ENGLISH LANGUAGE. Litigants who are non-English-speaking or limited-English-proficient. Interpreters, appointment, 2.560. Interpreters, retention by attorney or self-represented litigant, 2.565. EXHIBITS. Retention, 2.430(f). Size, 2.520(c).

F FAMILY VIOLENCE INDICATOR OVERRIDE. Remote proceedings. Communication technology, use, 2.530(e). FEES. See COSTS AND FEES. FLORIDA BAR REFEREE, TIME STANDARDS FOR REPORT OF, 2.250(a)(3). FLORIDA COURTS TECHNOLOGY COMMISSION, 2.236. FOREIGN ATTORNEYS. See ATTORNEYS. FOREIGN LANGUAGE SPEAKERS. See INTERPRETERS, APPOINTMENT OF.

G GRAND JURY, STATEWIDE. Composition, 2.255(a). Excusing prospective jurors, 2.255(c). Population of county, determination, 2.255(b).

H HOLIDAYS. Computation of time. Definition of legal holiday, 2.514(a)(6). Period stated in days less than 7 days, 2.514(a)(3). Period stated in days or longer unit of time, 2.514(a)(1). Period stated in hours, 2.514(a)(2). HOURS. Computation of time. Period stated in hours, 2.514(a)(2).

I INDEPENDENCE DAY. Time computation. Definition of legal holiday, 2.514(a)(6). INDICTMENT, 2.555(a), 2.555(c). INFORMATION, 2.555(a), 2.555(c). INTERNS. Certified legal interns. Participation, 2.505(j). INTERPRETERS, APPOINTMENT OF. Civil proceedings, 2.560(b). Civil Rights Act of 1964, compliance with, 2.560(d). Criminal proceedings, 2.560(a). Definitions, 2.560(g). Delinquency proceedings, 2.560(a). Noncriminal proceedings, 2.560(b). Privileged communications, 2.560(f). Qualifications of interpreter, 2.560(e). Witnesses, for, 2.560(c). INTERPRETERS, RETENTION, 2.565. Certified or other qualified interpreters available, 2.565(a). Certified or other qualified interpreters not available, 2.565(b). Exceptional circumstances, 2.565(c). Good cause, written declaration, 2.565(d). Filing and retention of written declaration, 2.565(e). Time for preparation, submission, filing and service of verified written declaration, 2.565(f).

INVOLUNTARY CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS. Parental leave continuances. Applicability of rules of civil procedure for involuntary commitment of sexually violent predators, 2.570(f).

J JAILS, EXAMINATION OF STATUS OF INMATES IN, 2.215(b)(8). JUDGES. Additional, determination of need for, 2.240. Administrative, 2.215(b)(5). Assignment, 2.205(a)(2)(B)(iii), 2.205(a)(3)(A), 2.205(a)(4), 2.210(e). Associate, 2.210(e). Capital cases, 2.215(b)(4), 2.215(b)(10), 2.215(i). Certification process as part of determining need for additional judges, scope to include redefining appellate districts or judicial circuits, 2.240, 2.241. Chief of circuit court. Administrative orders, 2.215(b)(2). Administrative planning, 2.215(b)(3). Administrator, selection, 2.215(d). Assignment of judges, 2.215(b)(4). Dockets, examination, 2.215(b)(7). Duration of service, 2.215(c). Grand jury selection, 2.255. Jail inmates, review of status, 2.215(b)(8). Powers, 2.215(b). Qualifications, 2.215(b)(1). Selection, 2.215(c). Chief of district courts of appeal, 2.210(a)(2). Compensation, 2.244. Conference of judges. Circuit court judges, 2.220(b). Cooperation and coordination with each other and with state courts administrator, 2.220(d).

County court judges, 2.220(a). District court of appeal judges, 2.220(c). Continuing education requirement, 2.320. Control of cases, 2.545(b). Discipline, 2.310. Disqualification, 2.330. District courts of appeal. See DISTRICT COURTS OF APPEAL. Duty to rule within a reasonable time, 2.215(f). Need for additional, determination, 2.240. Neglect of duty, 2.215(h), 2.320(e). Priority cases, duty to expedite, 2.215(g). Recusal, 2.330. Redefining appellate districts or judicial circuits as part of determining need for additional judges, 2.240, 2.241. Retired, 2.205(a)(2)(B)(iii), 2.205(a)(3), 2.320(b)(1). Robes. Restrictions, 2.340. Supreme court. See SUPREME COURT. Supreme court, temporary assignment to, 2.205(g). JUDICIAL CIRCUITS. Certification process as part of determining need for additional judges, scope to include redefining judicial circuits, 2.240, 2.241. JUDICIAL DISCIPLINE, SUSPENSION, 2.310.

REMOVAL,

RETIREMENT,

JUDICIAL MANAGEMENT COUNCIL, 2.225. JUDICIAL QUALIFICATIONS COMMISSION, 2.310. JUDICIAL RECORDS.

AND

See RECORDS. Access to records. See PUBLIC ACCESS TO RECORDS. Administrative records, retention. Definitions, 2.440(a). Requirements, 2.440(b). Court records generally. See COURT RECORDS. Court reporters generally. See COURT REPORTERS. JURISDICTION, EXERCISE OF. District courts of appeal, 2.210(a)(1). Supreme court, 2.205(a)(1). JUROR USE OF ELECTRONIC DEVICES. In-person proceedings, use during, 2.451(b). Remote proceedings, use during, 2.451(c). JURY. Grand jury. See GRAND JURY, STATEWIDE. Juror notes, destruction, 2.430(k). Remote proceedings. Communication technology, use by jurors, 2.530(c). Time management, juror, 2.256. JURY INSTRUCTIONS. Standard jury instructions. Modification, 2.580(a). Referral of modified instruction to appropriate committee, 2.580(b). No supreme court approval or authorization, 2.580(c). Presumption of correctness.

No supreme court approval or authorization, 2.580(c). Supreme court committees on standard jury instructions. Composition, 2.270(d). Duties, 2.270(b). Established, 2.270(a). Operating procedures, 2.270(c). Publication of approved instructions, 2.270(f). Purpose, 2.270(a). Staff support, 2.270(e). Use by trial judges, 2.580(a). JUVENILE CASES. Parental leave continuances. Applicability of rules of juvenile procedure, 2.570(f).

L LABOR DAY. Time computation. Definition of legal holiday, 2.514(a)(6). LAW STUDENTS. Participation, 2.505(j). LEGAL HOLIDAYS. Computation of time. Definition of legal holiday, 2.514(a)(6). Period stated in days less than 7 days, 2.514(a)(3). Period stated in days or longer unit of time, 2.514(a)(1). Period stated in hours, 2.514(a)(2). LIMITED-ENGLISH PROFICIENT LITIGANTS. Interpreters. Appointment for litigants who are non-English-speaking or limitedEnglish-proficient, 2.560. Retention by attorney or self-represented person to assist litigants who are non-English-speaking or limited-English-proficient, 2.565. LOCAL COURT RULES. Advisory committee. See SUPREME COURT. Approval by supreme court, 2.215(e)(1)(E). Defined, 2.120(b). Effective date, 2.215(e)(1)(E). Indexing, 2.215(e)(1)(F). Numbering, 2.215(e)(4). Procedure for promulgation, 2.140(h), 2.215(e). Recordation, 2.215(e)(1)(F).

M MANDATES. District courts of appeal, 2.210(b)(4). Recall, 2.205(b)(5), 2.210(b)(4). Supreme court, 2.205(b)(5). MARSHAL. District courts of appeal, 2.210(c). Supreme court, 2.205(d). MARTIN LUTHER KING, JR.’S BIRTHDAY. Time computation. Definition of legal holiday, 2.514(a)(6). MEDIA COVERAGE OF PROCEEDINGS, 2.450. MEMORIAL DAY. Time computation. Definition of legal holiday, 2.514(a)(6). MUNICIPAL COURTS, ABOLITION OF, 2.265(a). MUNICIPAL ORDINANCE VIOLATIONS, 2.265, 2.555(b).

N NEGLECT OF DUTY, 2.215(h), 2.320(e). NEW YEAR’S DAY. Time computation. Definition of legal holiday, 2.514(a)(6). NON-ENGLISH-SPEAKING LITIGANTS. Interpreters. Appointment for litigants who are non-English-speaking or limitedEnglish-proficient, 2.560. Retention by attorney or self-represented person to assist litigants who are non-English-speaking or limited-English-proficient, 2.565. NOTICE OF RELATED CASES, 2.545(d). NOTICES TO PERSONS WITH DISABILITIES, 2.540.

O OPEN SESSIONS OF COURT, 2.205(f), 2.210(d). ORDINANCE VIOLATIONS, 2.265, 2.555(b).

P PARENTAL LEAVE CONTINUANCES, 2.570. PAROL AGREEMENTS, 2.505(d). PLEADINGS. Attorney’s certificate. Effect of filing or serving by electronic transmission, 2.515(c)(2). Signature constituting, 2.515(a)(4). Attorney’s Florida Bar number, 2.515(a). Attorney’s signature, 2.515(a), 2.515(c). Electronic filing, 2.515(c)(1)(B), 2.525(c). Required, 2.520(a). Filing person’s signature, 2.515(c). Party’s signature, 2.515(b), 2.515(c). PRIORITY CASES. Calendar conflicts, 2.550. Judge’s duty to expedite, 2.215(g). Notice of priority status, 2.545(c). PRO SE REPRESENTATION. E-mail service on parties not represented by attorney. Exceptions from requirement, 2.516(b)(1)(D). Request for excuse, 2.601. Interpreters, retention, 2.565. Service on and by parties not represented by attorney, 2.516(b). PUBLIC ACCESS TO RECORDS. Definitions, 2.420(b). Denial of request for access to administrative records, 2.420(l). Determining confidentiality.

Criminal cases, trial court records, 2.420(f). Noncriminal cases, appellate court records, 2.420(g). Noncriminal cases, trial court records, 2.420(e). Oral motions to determine, 2.420(h). Procedures of clerk and filer, 2.420(d). Victims of crime. “Marsy’s Law” crime information within court filing, 2.423. Notice of confidential crime victim information within court filing, 2.423 Appx A. Exemptions, 2.420(c). Generally, 2.420(a). Obtaining access. Denial of request, 2.420(l). Judicial branch records, 2.420(m). Procedures, 2.420(j). Protection of judicial branch records, 2.420. Sanctions for violations, 2.420(i). Service on victims and affected non-parties with confidential addresses, 2.420(k). PURPOSE OF RULES, 2.110.

R RECORDS. Access to records. See PUBLIC ACCESS TO RECORDS. Administrative records, retention. Definitions, 2.440(a). Requirements, 2.440(b). Schedule for retention of administrative records, Appx. Court records. See COURT RECORDS. Court reporters. See COURT REPORTERS. RECUSAL OF TRIAL JUDGES, 2.330. RELATED CASES, NOTICE OF, 2.545(d). REMOTE PROCEEDINGS. Communication technology, use, 2.530. Authority for use, 2.530(b). Burden of expense, 2.530(d). Definitions, 2.530(a). Family violence. Override of family violence indicator, 2.530(e). Juror use, 2.530(c). Non-evidentiary proceedings, 2.530(b)(1). Testimony, 2.530(b)(2). Juror use of electronic devices. Use during remote proceedings, 2.451(c). REPORTERS.

See COURT REPORTERS. REPORTING REQUIREMENTS. Court reporting. See COURT REPORTING. Pending cases, status, 2.245(b). System, case, 2.245(a). RETENTION OF RECORDS. Administrative records. See ADMINISTRATIVE RECORDS, RETENTION. Court records. See COURT RECORDS. RULES ADVISORY COMMITTEE. See SUPREME COURT. RULES COORDINATING COMMITTEE, 2.140(a)(5). RULES OF COURT. Amendments. See AMENDMENTS TO RULES, PROCEDURE FOR. Generally. See COURT RULES. Local. See LOCAL COURT RULES.

S SCHEDULE FOR RULE PROPOSALS. Expedited proposals, 2.140(e). Legislative changes, proposals responding to, 2.140(e). SCOPE OF RULES, 2.110. SERVICE OF NOTICE, PROCESS AND OTHER DOCUMENTS. Attorneys, service on. E-mail. Exceptions, 2.516(b)(1)(B), 2.525(d)(3). Generally, 2.516(b)(1). Method other than e-mail, 2.516(b)(2). Certificate of service, 2.516(f). Clerk, service by, 2.516(g). Confidential addresses, victims and affected non-parties with, 2.420(k). Delivery of copy with party, attorney or clerk of court, 2.516(b)(2). Electronic transmission of documents, 2.525(e). Certificate of attorney. Effect of filing or serving by electronic transmission, 2.515(c)(2). Signature constituting, 2.515(a)(4). E-mail. Additional time after service by mail or e-mail, 2.514(b). Attorneys. E-mail addresses designated by attorney, 2.516(b)(1)(A). Exceptions from requirement, 2.516(b)(1)(B). Compliance with requirement, 2.516(b)(1). E-mail service required, 2.516(b)(1). Format, PDF documents, 2.516(b)(1)(F). Parties not represented by attorney, 2.516(b)(1)(C).

Address. Designation, 2.602. Change of designated address, 2.603. Exceptions, 2.516(b)(1)(D). Request for excuse, 2.601. Size limitations, 2.516(b)(1)(F). Time of service, 2.516(b)(1)(E). E-mail service. Additional time after service by mail or email, 2.514(b). Filing of original documents, 2.516(d). Definition of filing, 2.516(e). Judges. Disqualification, motions, 2.330. Mail, service by, 2.516(b)(2). Manner of service, 2.516(b). Numerous defendants, 2.516(c). Orders, service of, 2.516(h). Pro se representation. E-mail service. Exceptions, 2.516(b)(1)(D). Request for excuse, 2.601. Time, computation. Additional time after service by mail or email, 2.514(b). E-mail service, 2.516(b)(1)(E). When required, 2.516(a). SEXUALLY VIOLENT PREDATORS. Involuntary civil commitment. Parental leave continuances. Applicability of rules of civil procedure for involuntary commitment of sexually violent predators, 2.570(f).

STATE COURTS ADMINISTRATOR, 2.205(e), 2.225(e), 2.230(f), 2.235(f), 2.241(b)(3). STIPULATIONS, 2.505(d). SUPREME COURT. Chief justice. Death, 2.205(a)(2)(D). Duties, 2.205(a)(2)(B). Generally, 2.205(a)(2). Incapacity, 2.205(a)(2)(D). Judges and justices, assignment, 2.205(a)(2)(B)(iii), 2.205(a)(3)(A), 2.205(a)(4), 2.210(e). Powers, 2.205(a)(2)(B), 2.205(a)(3)(A). Public health emergencies, powers, 2.205(a)(2)(B)(v). Retirement, 2.205(a)(2)(D). Selection, 2.205(a)(2)(A). Clerk. See CLERK. Confidentiality of proceedings, 2.205(f). Exercise of powers and jurisdiction, 2.205(a)(1). Jury instructions. Standard jury instructions. Supreme court committees on standard jury instructions. Composition, 2.270(d). Duties, 2.270(b). Established, 2.270(a). Operating procedures, 2.270(c). Publication of approved instructions, 2.270(f). Purpose, 2.270(a). Staff support, 2.270(e). Justices.

Absence, 2.205(a)(2)(C). Assignment, 2.205(a)(3)(A), 2.205(a)(4). Associate, 2.205(g). Temporary, 2.205(g). Temporary service as chief justice, 2.205(a)(2)(D). Librarian, 2.205(c). Local rules advisory committee, 2.140(h), 2.215(e). Mandates, 2.205(b)(5). Marshal, 2.205(d). Powers, 2.205(a)(1). Quorum, 2.205(a)(1).

T TECHNOLOGICAL COVERAGE OF JUDICIAL PROCEEDINGS, 2.450. TECHNOLOGY COMMISSION, FLORIDA COURTS, 2.236. TELEVISION COVERAGE OF JUDICIAL PROCEEDINGS, 2.450. THANKSGIVING. Time computation. Definition of legal holiday, 2.514(a)(6). TIME STANDARDS. Additional time after service by mail or email, 2.514(b). Circuit court, 2.250(a)(4). Computation of time, 2.514(a). Definitions. Last day, 2.514(a)(4). Legal holiday, 2.514(a)(6). Next day, 2.514(a)(5). District courts, 2.250(a)(2). Electronic filing of documents. Date of filing, 2.525(f)(3). Florida Bar referees, 2.250(a)(3). Period stated in days less than 7 days, 2.514(a)(3). Period stated in days or longer unit of time, 2.514(a)(1). Period stated in hours, 2.514(a)(2). Reporting of cases, 2.250(b). Service of process and papers. Additional time after service by mail or email, 2.514(b). E-mail service, 2.516(b)(1)(E). Supreme court, 2.250(a)(2).

Trial court, 2.250(a)(1). TRANSCRIPTS. See COURT REPORTING. TRIAL COURT. Administration, 2.215. Budget commission, 2.230. Case numbering system, uniform, 2.245(b). Case reporting system, 2.245(a). Chief judge. See JUDGES. Circuit court. See CIRCUIT COURT. Designation of most serious charge in complaint, 2.555(a). Disqualification of judges, 2.330. Indictment, 2.555(a), 2.555(c). Information, 2.555(a), 2.555(c). Ordinance violations, 2.555(b). Uniform case numbering system, 2.245(b). TRIAL COURT BUDGET COMMISSION. Funding, 2.230(f). Membership, 2.230(e). Operating procedures, 2.230(c). Organization, 2.230(e). Purpose of rule, 2.230(a). Recommendations by, action on, 2.230(d). Responsibilities, 2.230(a), 2.230(b).

U UNIFIED COMMITTEE ON JUDICIAL COMPENSATION, 2.244. UNIFORM CASE NUMBERING SYSTEM, 2.245(b). UNIFORM COMPUTATION OF TIME. Additional time after service by mail or email, 2.514(b). Computation of time, 2.514(a). Definitions. Last day, 2.514(a)(4). Legal holiday, 2.514(a)(6). Next day, 2.514(a)(5). Period stated in days less than 7 days, 2.514(a)(3). Period stated in days or longer unit of time, 2.514(a)(1). Period stated in hours, 2.514(a)(2). Service of process and papers. Additional time after service by mail or email, 2.514(b).

V VENUE, CHANGE OF. Case file, 2.260(g). Costs, reimbursement, 2.260(c)–(e). Media relations, 2.260(f). Preliminary procedures, 2.260(a). Presiding judge, 2.260(b). VETERANS’ DAY. Time computation. Definition of legal holiday, 2.514(a)(6). VICTIMS OF CRIME. Public access to judicial branch records. Confidentiality, determination. “Marsy’s Law” crime information within court filing, 2.423. Notice of confidential crime victim information within court filing, 2.423 Appx A. VIDEOTAPE COVERAGE OF JUDICIAL PROCEEDINGS, 2.450.

Licensed to Otis K Pitts, Otis K Pitts

FLORIDA PROBATE RULES 2023 Edition (Includes probate and guardianship rules, Florida Probate Code, Florida Guardianship Law, and related rules, statutes, and constitutional provisions) Rules reflect all changes through 346 So.3d 1105. Subsequent amendments, if any, can be found at www.floridasupremecourt.org/decisions/rules.shtml. The Florida Bar also updates the rules on its website at www.FloridaBar.org (on the homepage click “Rules Updates”). Statutes are current through the 2022 Legislative Session.

CONTINUING LEGAL EDUCATION PUBLICATIONS THE FLORIDA BAR TALLAHASSEE, FLORIDA 32399-2300

CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES ORIGINAL ADOPTION, effective 1-1-68: 201 So.2d 409. OTHER OPINIONS: Effective 1-1-76: 324 So.2d 38. Effective 7-1-77: 344 So.2d 828. Effective 1-1-81: 387 So.2d 949.

Effective 1-1-85: 458 So.2d 1079.

Effective 1-1-85: 460 So.2d 906. Effective 12-23- 517 So.2d 675. 87: Effective 1-1-89: 531 So.2d 1261.

Complete revision (temporary rules). Complete revision. Four-year-cycle revision. Amended 5.020, 5.040, 5.340, 5.345, 5.400, 5.440, 5.520, 5.540, 5.550, 5.560, 5.570, 5.630, 5.660, 5.690; added 5.205. Four-year-cycle revision. Amended 5.020-5.040, 5.080, 5.110, 5.150, 5.170, 5.180, 5.210, 5.230, 5.2405.270, 5.340-5.420, 5.440, 5.4605.490, 5.510-5.560, 5.600, 5.620, 5.660, 5.670; deleted 5.280, 5.290, 5.410, 5.450, 5.500, 5.570; added 5.041, 5.042, 5.065, 5.395, 5.401, 5.405, 5.406. Amended 5.340. Amended 5.540, 5.560; added 5.710. Four-year-cycle revision. Amended 5.015, 5.025, 5.042, 5.050, 5.080, 5.110, 5.160, 5.180, 5.205-5.240, 5.270, 5.340, 5.360, 5.400, 5.4055.420, 5.440, 5.490, 5.510, 5.620, 5.630, 5.650-5.670, 5.690; deleted

Effective 89:

10-1- 551 So.2d 452.

Effective 91:

10-1- 584 So.2d 964.

Effective 1-1-93: 607 So.2d 1306.

Effective 1-1-97: 683 So.2d 78.

Effective 1-1-01: 778 So.2d 272.

Effective 10-11- 807 So.2d 622. 01: 816 So.2d 1095. Effective 5-2-02, applicable to decedents dying after December 31, 824 So.2d 849.

5.190, 5.390, 5.540, 5.590; added 5.122, 5.171, 5.201, 5.235, 5.275, 5.346, 5.355, 5.385, 5.386, 5.475, 5.495. Amended 5.015, 5.550, 5.560, 5.610-5.660, 5.680-5.700; added 5.590, 5.800. Amended 5.010, 5.040, 5.050, 5.240, 5.550, 5.560, 5.590-5.630, 5.650-5.680, 5.700-5.800; amended and renumbered 5.690 to 5.695; deleted 5.495; added 5.540, 5.541, 5.555, 5.635, 5.690, 5.696, 5.697, 5.705, 5.900. Four-year-cycle revision. Amended 5.025, 5.120, 5.200, 5.240, 5.260, 5.310, 5.346, 5.400, 5.470, 5.690, 5.695, 5.900; added 5.496, 5.636. Four-year-cycle revision. Amended 5.040, 5.041, 5.080, 5.100, 5.180, 5.210, 5.235, 5.240, 5.346, 5.370, 5.400, 5.401, 5.405, 5.406, 5.470, 5.560, 5.590, 5.680. Four-year-cycle revision. Amended 5.015, 5.040, 5.041, 5.065, 5.100, 5.110, 5.555, 5.560, 5.705.

Amended 5.025, added 5.365.

5.340,

5.360;

Amended

5.200,

5.205,

5.080,

2001:

5.210, 5.240, 5.310, 5.340, 5.345, 5.346, 5.385, 5.405, 5.440, 5.510, 5.530; deleted 5.070, 5.520; added 5.215, 5.216, 5.241, 5.341, 5.404.

Effective 6-1903, applicable to decedents dying after December 31, 848 So.2d 1069. 2001: Effective 1-1-04: 848 So.2d 1069. Effective 10-1- 887 So.2d 1090. 04: Effective 1-1-06: 912 So.2d 1178.

Effective 2-1-07: 948 So.2d 735.

Effective 7-12- 964 So.2d 140. 07: Effective 1-1-08: 959 So.2d 1170.

Effective 08:

7-10- 986 So.2d 576.

Two-year-cycle revision. Amended 5.122, 5.205, 5.240, 5.385, 5.430, 5.496; added 5.342. Two-year-cycle revision. Amended 5.555, 5.680; added 5.407, 5.552. Amended 5.697. Two-year-cycle revision. Amended 5.040, 5.041, 5.042, 5.240, 5.241, 5.270, 5.345, 5.346, 5.360, 5.400, 5.404, 5.475, 5.496, 5.530, 5.620; added 5.402, 5.403, 5.498, 5.499, 5.625. Amended 5.180, 5.550, 5.552, 5.555, 5.560, 5.625, 5.630, 5.636, 5.660, 5.680, 5.695; added 5.646, 5.647, 5.685, 5.720, 5.725. Amended 5.015, 5.240, 5.241; added 5.648. Three-year-cycle revision. Amended 5.040, 5.041, 5.200, 5.210, 5.241, 5.490, 5.496, 5.498, 5.499, 5.530, 5.650, 5.670, 5.697, 5.710; added 5.095, 5.645. Amended 5.015, 5.030, 5.040, 5.050, 5.120, 5.540, 5.541, 5.620, 5.625, 5.640, 5.650, 5.660, 5.680,

Effective 11:

1-11- 50 So.3d 578.

Effective 1-1-11: 51 So.3d 1146.

5.720; added 5.649, 5.681. Three-year cycle review. Amended 5.020, 5.030, 5.040, 5.041, 5.060, 5.110, 5.200, 5.205, 5.210, 5.235, 5.260, 5.330, 5.340, 5.346, 5.360, 5.405, 5.406, 5.440, 5.470, 5.496, 5.696, 5.710, and 5.725.

Effective 7-7-11: Effective 9-2811: Effective 10-111: Effective 9-1-12:

67 So.3d 1035. 73 So.3d 205.

Amended 5.201, 5.260, 5.360 and created 5.3425. Amended 5.260. Amended 5.025, 5.240.

78 So.3d 1045.

Amended 5.200, 5.210, 5.530.

102 So.3d 505.

Effective 10-112: Effective 4-1-13: Effective 11-2713: Effective 1-1-14:

95 So.3d 96.

Amended 5.030, 5.040, 5.060, 5.120. 5.200, 5.340, 5.350, 5.355, 5.360, 5.370, 5.385, 5.386, 5.400, 5.401, 5.403, 5.405, 5.406, 5.407, 5.440, 5.460, 5.470, 5.475. 5.498, 5.499, 5.510, 5.530, 5.630, 5.650, 5.660, 5.670, 5.690. 5.695, 5.696, 5.700 Amended 5.042.

102 So.3d 451. 131 So.3d 717.

Adopted 5.043. Amended 5.240 and 5.260.

123 So.3d 31.

Amended 5.060, 5.110, 5.230, 5.395, 5.400, 5.404, 5.530, 5.649, 5.660, 5.681, 5.696; added 5.2405. Amended 5.120, 5.200, 5.210, 5.385, 5.405, 5.406, 5.407, 5.530, 5.550, 5.555, 5.560, 5.590, 5.636,

Effective 14:

4-22- 139 So.3d 875.

5.041, 5.342, 5.380, 5.402, 5.430, 5.496, 5.620, 5.680,

Effective 11-6- 150 So.3d 1100. 14: Effective 12-17- 181 So.3d 480. 15: Effective 9-15- 200 So.3d 761. 16: Effective 1-1-17: 199 So.3d 835.

Effective 9-7-17: 226 So.3d 245. Effective 9-27- 253 So.3d 983. 18: Effective 1-1-20: 287 So.3d 492.

Effective 1-16- 288 So.3d 565. 20: Effective 9-3-20: 301 So.3d 859.

Effective 9-24- 45 FLW S255. 20: Effective 12-31- 309 So.3d 196. 20:

Effective 2-18- 309 So.3d 196. 21: Effective 10-28- 344 So.3d 940. 21:

5.646. Amended 5.590. Amended 5.240, 5.695, 5.705.

5.310,

5.648,

Amended 5.050; 5.560; 5.646; 5.648; 5.670, 5.710. Amended 5.040; 5.041; 5.042; 5.080; 5.345; 5.346; 5.550; 5.560; 5.620; 5.690; 5.696. Amended 5.550 and 5.695. Amended 5.025. Amended 5.020, 5.040, 5.240, 5.241, 5.240, 5.275, 5.360, 5.407, 5.470, 5.490, 5.649, 5.681, 5.695, 5.900. Amended 5.015, 5.043, 5.200, 5.210, 5.215, 5.230. Amended 5.550, 5.560, renumbered 5.850; adopted 5.902, 5.903, 5.904, 5.905, 5.910. Adopted 5.920.

5.200, 5.320, 5.636, 5.120, 5.649; 5.901, 5.906,

Amended 5.040, 5.065, 5.240; Added 5.425; Amended 5.550, 5.555, 5.560, 5.630; Renumbered 5.900. Amended 5.550, 5.555, 5.560, 5.590. Amended 5.030, 5.040, 5.041, 5.042, 5.043, 5.060, 5.080, 5.120, 5.340, 5.342, 5.350, 5.355, 5.360,

Effective 21:

11-4- 334 So.3d 562.

Effective 22:

10-1- 346 So.3d 1105

5.370, 5.380, 5.385, 5.386, 5.401, 5.402, 5.403, 5.404, 5.406, 5.407, 5.430, 5.440, 5.470, 5.475, 5.490, 5.496, 5.499, 5.510, 5.530, 5.550, 5.560, 5.590, 5.620, 5.630, 5.646, 5.650, 5.660, 5.670, 5.690, 5.695, 5.696, 5.700. Amended 5.020, 5.200, 5.340, 5.402, 5.403, 5.404, 5.555. Amended 5.080.

5.400, 5.405, 5.460, 5.498, 5.555, 5.636, 5.680, 5.320, 5.405,

NOTE TO USERS: Rules in this pamphlet are current through 346 So.3d 1105. Subsequent amendments, if any, can be found at www.floridasupremecourt.org/decisions/rules.shtml. The Florida Bar also updates the rules on its website at www.FloridaBar.org (on the homepage click “Rules Updates”).

TABLE OF CONTENTS __________ PART I. GENERAL 5.010. SCOPE 5.015. GENERAL DEFINITIONS 5.020. PLEADINGS; VERIFICATION; MOTIONS 5.025. ADVERSARY PROCEEDINGS 5.030. ATTORNEYS 5.040. NOTICE 5.041. SERVICE OF PLEADINGS AND DOCUMENTS 5.042. TIME 5.043. DEPOSIT OF WILLS AND CODICILS 5.050. TRANSFER OF PROCEEDINGS 5.060. REQUEST FOR NOTICES AND COPIES OF PLEADINGS 5.065. NOTICE OF ADMINISTRATION

CIVIL

ACTION

OR

ANCILLARY

5.080. DISCOVERY AND SUBPOENA 5.095. GENERAL AND SPECIAL MAGISTRATES 5.100. RIGHT OF APPEAL 5.110. ADDRESS DESIGNATION FOR PERSONAL REPRESENTATIVE OR GUARDIAN; DESIGNATION OF RESIDENT AGENT AND ACCEPTANCE 5.120. ADMINISTRATOR AD LITEM AND GUARDIAN AD LITEM 5.122. CURATORS 5.150. ORDER REQUIRING ACCOUNTING

5.160. PRODUCTION OF ASSETS 5.170. EVIDENCE 5.171. EVIDENCE OF DEATH 5.180. WAIVER AND CONSENT PART II. PROBATE 5.200. PETITION FOR ADMINISTRATION 5.201. NOTICE OF PETITION FOR ADMINISTRATION 5.205. FILING EVIDENCE OF DEATH 5.210. PROBATE OF WILLS WITHOUT ADMINISTRATION 5.215. AUTHENTICATED COPY OF WILL 5.216. WILL WRITTEN IN FOREIGN LANGUAGE 5.230. COMMISSION TO PROVE WILL 5.235. ISSUANCE OF LETTERS, BOND 5.240. NOTICE OF ADMINISTRATION 5.2405. SERVICE OF NOTICE OF ADMINISTRATION ON PERSONAL REPRESENTATIVE 5.241. NOTICE TO CREDITORS 5.260. CAVEAT; PROCEEDINGS 5.270. REVOCATION OF PROBATE 5.275. BURDEN OF PROOF IN WILL CONTESTS 5.310. DISQUALIFICATION OF PERSONAL REPRESENTATIVE; NOTIFICATION 5.320. OATH OF PERSONAL REPRESENTATIVE 5.330. EXECUTION BY PERSONAL REPRESENTATIVE 5.340. INVENTORY 5.341. ESTATE INFORMATION

5.342. INVENTORY OF SAFE-DEPOSIT BOX 5.3425. SEARCH OF SAFE DEPOSIT BOX 5.345. ACCOUNTINGS OTHER THAN REPRESENTATIVES’ FINAL ACCOUNTINGS

PERSONAL

5.346. FIDUCIARY ACCOUNTING APPENDIX A APPENDIX B 5.350. CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE 5.355. PROCEEDINGS FOR REVIEW OF EMPLOYMENT OF AGENTS AND COMPENSATION OF PERSONAL REPRESENTATIVES AND ESTATE EMPLOYEES 5.360. ELECTIVE SHARE 5.365. PETITION FOR DOWER 5.370. SALES OF REAL PROPERTY WHERE NO POWER CONFERRED 5.380. COMPULSORY PAYMENT OF DEVISES OR DISTRIBUTIVE INTERESTS 5.385. DETERMINATION OF BENEFICIARIES AND SHARES 5.386. ESCHEAT 5.395. NOTICE OF FEDERAL ESTATE TAX RETURN 5.400. DISTRIBUTION AND DISCHARGE 5.401. OBJECTIONS TO PETITION FOR DISCHARGE OR FINAL ACCOUNTING 5.402. NOTICE OF LIEN ON PROTECTED HOMESTEAD 5.403. PROCEEDINGS TO DETERMINE AMOUNT OF LIEN ON PROTECTED HOMESTEAD 5.404. NOTICE OF HOMESTEAD

TAKING

POSSESSION

OF

PROTECTED

5.405. PROCEEDINGS TO DETERMINE PROTECTED HOMESTEAD REAL PROPERTY 5.406. PROCEEDINGS TO DETERMINE EXEMPT PROPERTY 5.407. PROCEEDINGS TO DETERMINE FAMILY ALLOWANCE 5.420. DISPOSITION ADMINISTRATION

OF

PERSONAL

PROPERTY

WITHOUT

5.425. DISPOSITION WITHOUT ADMINISTRATION OF INTESTATE PERSONAL PROPERTY IN SMALL ESTATES. 5.430. RESIGNATION OF PERSONAL REPRESENTATIVE 5.440. PROCEEDINGS REPRESENTATIVE

FOR

REMOVAL

OF

PERSONAL

5.460. SUBSEQUENT ADMINISTRATION 5.470. ANCILLARY ADMINISTRATION 5.475. ANCILLARY ADMINISTRATION, SHORT FORM 5.490. FORM AND MANNER OF PRESENTING CLAIM 5.496. FORM AND MANNER OF OBJECTING TO CLAIM 5.498. PERSONAL REPRESENTATIVE’S PROOF OF CLAIM 5.499. FORM AND MANNER OF OBJECTING TO PERSONAL REPRESENTATIVE’S PROOF OF CLAIM 5.510. ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL 5.530. SUMMARY ADMINISTRATION PART III. GUARDIANSHIP 5.540. HEARINGS 5.541. RECORDING OF HEARINGS 5.550. PETITION TO DETERMINE INCAPACITY 5.552. VOLUNTARY GUARDIANSHIP OF PROPERTY

5.555. GUARDIANSHIPS OF MINORS 5.560. PETITION FOR APPOINTMENT OF GUARDIAN OF AN INCAPACITATED PERSON 5.590. APPLICATION FOR APPOINTMENT DISCLOSURE STATEMENT; FILING

AS

GUARDIAN;

5.600. OATH 5.610. EXECUTION BY GUARDIAN 5.620. INVENTORY 5.625. NOTICE OF COMPLETION OF GUARDIAN EDUCATION REQUIREMENTS 5.630. PETITION FOR APPROVAL OF ACTS 5.635. PETITION FOR EXTRAORDINARY AUTHORITY 5.636. SETTLEMENT OF MINORS’ CLAIMS 5.640. CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE OF WARD 5.645. MANAGEMENT OF PROPERTY OF NONRESIDENT WARD BY FOREIGN GUARDIAN 5.646. STANDBY GUARDIANS 5.647. SURROGATE GUARDIAN 5.648. EMERGENCY TEMPORARY GUARDIAN 5.649. GUARDIAN ADVOCATE 5.650. RESIGNATION OR DISQUALIFICATION OF GUARDIAN; APPOINTMENT OF SUCCESSOR 5.660. PROCEEDINGS FOR REMOVAL OF GUARDIAN 5.670. TERMINATION OF GUARDIANSHIP DOMICILE OF RESIDENT WARD

ON

CHANGE

OF

5.680. TERMINATION OF GUARDIANSHIP 5.681.

RESTORATION

OF

RIGHTS

OF

PERSON

WITH

DEVELOPMENTAL DISABILITY 5.685. DETERMINATION GUARDIANSHIP

REGARDING

ALTERNATIVES

TO

5.690. INITIAL GUARDIANSHIP REPORT 5.695. ANNUAL GUARDIANSHIP REPORT 5.696. GUARDIAN ACCOUNTING 5.696. APPENDIX A 5.696. APPENDIX B 5.697. MAGISTRATES’ REVIEW OF GUARDIANSHIP INVENTORIES, ACCOUNTINGS, AND PLANS 5.700. OBJECTION TO GUARDIANSHIP REPORTS 5.705. PETITION FOR INTERIM JUDICIAL REVIEW 5.710. REPORTS OF PUBLIC GUARDIAN 5.720. COURT MONITOR 5.725. EMERGENCY COURT MONITOR 5.800. APPLICATION OF REVISED CHAPTER 744 TO EXISTING GUARDIANSHIPS 5.850. EXPEDITED JUDICIAL INTERVENTION CONCERNING MEDICAL TREATMENT PROCEDURES [RENUMBERED]. PART IV. EXPEDITED JUDICIAL INTERVENTION CONCERNING MEDICAL TREATMENT PROCEDURES 5.900. EXPEDITED JUDICIAL INTERVENTION MEDICAL TREATMENT PROCEDURES.

CONCERNING

PART V. FORMS 5.901. FORM FOR PETITION TO DETERMINE INCAPACITY 5.902. FORM FOR PETITION AND ORDER OF GUARDIAN 5.903. LETTERS OF GUARDIANSHIP

5.904. FORMS FOR INITIAL AND ANNUAL GUARDIANSHIP PLANS 5.905. FORM FOR PETITION, NOTICE, AND ORDER FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON 5.906. LETTERS OF GUARDIAN ADVOCACY 5.910. INVENTORY 5.920. FORMS RELATED TO INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT

FLORIDA PROBATE RULES ________ • Pt. I. » Fla. Prob. R., Pt. I

PART I. GENERAL • Pt. I. », • Rule 5.010. » Fla. Prob. R. 5.010

RULE 5.010. SCOPE. These rules govern the procedure in all probate and guardianship proceedings and shall be known as the Florida Probate Rules and may be cited as Fla. Prob. R. Part I applies to all proceedings. Part II applies to probate alone, Part III applies to guardianship alone, and Part IV applies to expedited judicial intervention concerning medical treatment procedures. The Florida Rules of Civil Procedure apply only as provided herein. COMMITTEE NOTES Rule History 1975 Revision: These rules shall govern the procedures to be followed in all matters pending on or commenced after January 1, 1976, including procedures for the enforcement of substantive rights that have vested before that date. See section 731.011, Florida Statutes. 1977 Revision: The changes in these rules shall take effect on July 1, 1977. 1988 Revision: In the opinion reported at 460 So. 2d 906, the Florida Supreme Court directed the Probate and Guardianship Rules Committee to study the statutes and attempt to identify those portions of the Florida Probate Code, the Florida Guardianship Law, and other statutes that contained procedural provisions. When those procedural provisions were identified, the committee was charged to promulgate rules incorporating those procedures. The committee has reviewed the statutes and has found a substantial measure of procedure that was contained only in the statutes for which there were no corresponding rules. The committee also determined that much of the procedure in the statutes already had a rule counterpart. New rules added, or prior rules amended, in 1988 to add procedural matters previously found only in the statutes are rules 5.050, 5.122, 5.171, 5.180, 5.201, 5.235, 5.270, 5.275, 5.355, 5.360, 5.385, 5.386, 5.400, 5.440,

5.475, 5.490, and 5.510. With only one exception (see rule 5.050), the only portion of the statutes that has been reviewed in detail, and for which rules have been created, is the Florida Probate Code. Other portions of the statutes mentioned in the opinion cited above remain for the next cycle of this committee to review. As the committee wrote rules to transfer the statutory procedure into these rules, an attempt was made to write the rule without changing the meaning of the statute. It was not possible or advisable to use the exact wording of the statute in some instances, and in those instances the committee rewrote the statutory language in the format used in the rules generally. Even under those circumstances, the committee attempted to transfer the entire procedural portion of the statute without changing its meaning. Where it was specifically intended in a few instances to add to existing statutory procedure, that fact is noted in the relevant committee note. The committee felt strongly that it would be detrimental to the orderly process of estate probate and related procedures if a rule specified a different procedure than was specified in the related statute, even though the statute must, under the Florida Constitution, yield to the rule when there is a conflict. The committee, through the proper channels in the Florida Bar (initially, the Probate Law Committee of the Real Property, Probate and Trust Law Section), intends to ask the legislature to repeal those portions of the statutes that are procedural when there are similar rules already in place, or when similar new rules are added by this opinion. It is the opinion of the committee that continuing to maintain procedure in the statutes when there is a rule specifying that procedure is detrimental to the orderly process of the court and the public that it serves, especially when, over time, the statute and the rule may diverge. Although the supreme court has adopted these recommended rules, it has not specifically determined that all of the provisions of the statutes that were procedural have now been adopted as a rule. This is a continuing project for the committee and although these new rules and changes represent a substantial transition of procedure into the rules, the committee does not suggest that the transition is complete. The court is not precluded from examining any particular statute or rule in the context of a particular actual dispute.

1991 Revision: Rule revised to reflect addition of new Part IV dealing with expedited judicial intervention concerning medical treatment procedures. 1992 Revision: In 1989, the Florida Legislature enacted a comprehensive revision to Florida’s guardianship law. In response, the Florida Supreme Court appointed an ad hoc committee to recommend temporary rules of procedure for the new law. In an opinion at 551 So. 2d 452 (Fla. 1989), the court adopted the temporary rules recommended by the ad hoc committee, to replace Part III of the then-existing Florida Probate Rules, effective October 1, 1989. In its opinion, the court also directed the Florida Probate Rules Committee to review the new laws and, on a priority basis, to recommend permanent rules of procedure. The committee reviewed the Florida Guardianship Law enacted in 1989, as well as revisions to the law enacted in 1990, and presented its rule recommendations to the court in 1991. The court, in an opinion at 584 So. 2d 964, adopted the recommendations with minor exceptions, to be effective October 1, 1991. In 1990, the court also rendered its opinion in In re Guardianship of Browning, 568 So. 2d 4 (Fla. 1990), regarding a person’s right to refuse lifeprolonging medical procedures. In that decision, the court directed the committee to recommend a response, the committee created a new Part IV of these rules and recommended rule 5.900, which was adopted by the court, with minor changes, in its opinion at 584 So. 2d 964, effective October 1, 1991. The committee continued its efforts to review the Florida Probate Code and to promulgate or amend rules regarding any procedural portions of those statutes. As a result of those efforts, as well as the efforts described above, the committee recommended amendments to rules 5.010, 5.025, 5.040, 5.050, 5.200, 5.240, 5.310, 5.346, 5.400, 5.470, 5.550, 5.560, 5.590, 5.600, 5.610, 5.620, 5.630, 5.640, 5.650, 5.660, 5.670, 5.680, 5.695, 5.700, 5.710, and 5.800; creation of new rules 5.496, 5.540, 5.541, 5.555, 5.635, 5.636, 5.690, 5.696, 5.697, 5.705, and 5.900; and deletion of rule 5.495. In addition, the committee recommended editorial changes in virtually all the rules so that they would conform stylistically to one another and to all other rules promulgated by the supreme court. 2003 Revision: The committee has promulgated numerous changes in the

rules and in the committee notes to many of the rules, in response to legislative amendments that deleted procedural aspects of a number of statutes in the Florida Probate Code, including deletion and re-titling of some statutes. See Ch. 2001-226, Laws of Fla. Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040(a)(3)(B) Notice. Fla. Prob. R. 5.050 Transfer of proceedings. Fla. Prob. R. 5.080 Discovery and subpoena. Fla. Prob. R. 5.230(e) Commission to prove will. Fla. R. App. P. 9.800 Uniform citation system.

• Pt. I. », « Rule 5.015. » Fla. Prob. R. 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.

• Pt. I. », « Rule 5.020. » Fla. Prob. R. 5.020

RULE 5.020. PLEADINGS; VERIFICATION; MOTIONS. (a) Forms of Pleading. Pleadings shall be signed by the attorney of record, and by the pleader when required by these rules. All technical forms of pleadings are abolished. No defect of form impairs substantial rights, and no defect in the statement of jurisdictional facts actually existing renders any proceeding void. (b) Petition. A petition shall contain a short and plain statement of the relief sought, the grounds therefor, and the jurisdiction of the court where the jurisdiction has not already been shown. (c) Motions. Any other application to the court for an order shall be by written motion, unless made orally during a hearing or trial. The motion shall state with particularity the grounds therefor and shall set forth the relief or order sought. (d) Rehearing. A motion for rehearing of any order or judgment shall be served not later than 15 days after the date of filing the order or judgment with the clerk as shown on the face of the order or judgment. (e) Verification. When verification of a document is required, the document filed shall include an oath, affirmation, or the following statement: “Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief.” COMMITTEE NOTES The time for determining when a motion for rehearing must be served has been clarified in view of Casto v. Casto, 404 So. 2d 1046 (Fla. 1981). Rule History 1977 Revision: Editorial change (rule) and expansion of committee note. Subdivisions (a), (b), and (d) substantially the same as subdivisions (a), (b), and (f) of prior rule 5.030. Subdivision (c) taken from section 731.104, Florida Statutes. For adversary proceedings see new rule 5.025. Notice of administration is not a pleading within the meaning of this rule.

1980 Revision: Subdivisions (c) and (d) have been redesignated as (e) and (f). New subdivisions (c) and (d) are added to provide for the use of motions in probate proceedings other then adversary proceedings and to specifically authorize a procedure for rehearing. 1984 Revision: Minor editorial changes. Subdivision (f) of prior rule has been deleted as it is now covered under the adversary rules. 1988 Revision: Editorial change in caption of (a). Committee notes revised. Citation form change in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in rule and committee notes. 2003 Revision: Committee notes revised. 2008 Revision: Committee notes revised. 2010 Revision: Committee notes revised. 2019 Revision: Subdivision (d) amended to change the deadline for service of a motion for rehearing from 10 to 15 days after the specified event to conform to 2013 amendments to the Florida Rule of Civil Procedure 1.530. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 731.104, Fla. Stat. Verification of documents. § 731.201, Fla. Stat. General definitions. § 733.202, Fla. Stat. Petition. § 733.604(1), Fla. Stat. Inventories and accountings; public records exemptions. § 733.901, Fla. Stat. Final discharge. § 735.203, Fla. Stat. Petition for summary administration. § 744.104, Fla. Stat. Verification of documents. § 744.3085, Fla. Stat. Guardian advocates. § 744.3201, Fla. Stat. Petition to determine incapacity.

§ 744.331, Fla. Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents. Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.200 Petition for administration. Fla. Prob. R. 5.205(b) Filing evidence of death. Fla. Prob. R. 5.320 Oath of personal representative. Fla. Prob. R. 5.330 Execution by personal representative. Fla. Prob. R. 5.350 Continuance of unincorporated business or venture. Fla. Prob. R. 5.370(a) Sales of real property where no power conferred. Fla. Prob. R. 5.405(b) Proceedings to determine homestead status of real property. Fla. Prob. R. 5.530 Summary administration. Fla. Prob. R. 5.550 Petition to determine incapacity. Fla. Prob. R. 5.560 Petition for appointment of guardian of an incapacitated person. Fla. Prob. R. 5.600 Oath. Fla. Prob. R. 5.649 Guardian advocate. Fla. R. Civ. P. 1.530 Motions for new trial and rehearing; amendments of judgment.

• Pt. I. », « Rule 5.025. » Fla. Prob. R. 5.025

RULE 5.025. ADVERSARY PROCEEDINGS. (a) Specific Adversary Proceedings. The following are adversary proceedings unless otherwise ordered by the court: proceedings to remove a personal representative, surcharge a personal representative, remove a guardian, surcharge a guardian, obtain an injunction or temporary injunction pursuant to section 825.1035, Florida Statutes, probate a lost or destroyed will or later-discovered will, determine beneficiaries, construe a will, reform a will, modify a will, cancel a devise, partition property for the purposes of distribution, determine pretermitted status, determine pretermitted share, determine amount of elective share and contribution, and for revocation of probate of a will. (b) Declared Adversary Proceedings. Other proceedings may be declared adversary by service on interested persons of a separate declaration that the proceeding is adversary. (1) If served by the petitioner, the declaration must be served with the petition to which it relates. (2) If served by the respondent, the declaration and a written response to the petition must be served at the earlier of: (A) within 20 days after service of the petition, or (B) prior to the hearing date on the petition. (3) When the declaration is served by a respondent, the petitioner must promptly serve formal notice on all other interested persons. (c) Adversary Status by Order. The court may determine any proceeding to be an adversary proceeding at any time. (d) Notice and Procedure in Adversary Proceedings. (1) Petitioner must serve formal notice, except as provided in proceedings pursuant to section 825.1035, Florida Statutes. (2) After service of formal notice, the proceedings, as nearly as practicable, must be conducted similar to suits of a civil nature, including

entry of defaults. The Florida Rules of Civil Procedure govern, except for rule 1.525. (3) The court on its motion or on motion of any interested person may enter orders to avoid undue delay in the main administration. (4) If a proceeding is already commenced when an order is entered determining the proceeding to be adversary, it must thereafter be conducted as an adversary proceeding. The order must require interested persons to serve written defenses, if any, within 20 days from the date of the order. It is not necessary to re-serve the petition except as ordered by the court. (5) When the proceedings are adversary, the caption of subsequent pleadings, as an extension of the probate caption, must include the name of the first petitioner and the name of the first respondent. COMMITTEE NOTES The court on its initiative or on motion of any party may order any proceeding to be adversary or nonadversary or enter any order that will avoid undue delay. The personal representative would be an interested person in all adversary proceedings. A prescribed form for the caption is provided that will facilitate the clerk’s and the court’s ability to segregate such adversary proceeding from other adversary proceedings and from the main probate file: Court Case #

Rule History 1975 Revision: New rule. 324 So. 2d 38. 1977 Revision: Editorial changes to (a)(1). 1984 Revision: Extensive changes, committee notes revised and expanded.

1988 Revision: Changes in (a) add proceedings to remove a guardian and to surcharge a guardian to the list of specific adversary proceedings and delete proceedings to determine and award the elective share from the list. Change in (b)(4) clarifies on whom the petitioner must serve formal notice. Editorial change in (d)(2) and (d)(5). Committee notes revised. Citation form changes in committee notes. 1992 Revision: Deletion of (b)(3) as unnecessary. Former (b)(4) renumbered as new (b)(3). Committee notes revised. Citation form changes in committee notes. 2001 Revision: Change in (a) to add determination of amount of elective share and contribution as specific adversary proceedings. Committee notes revised. 2003 Revision: Committee notes revised. 2008 Revision: Committee notes revised. 2011 Revision: Subdivision (a) revised to add “reform a will, modify a will” and “determine pretermitted status.” Subdivision (d)(2) modified to insure that an award of attorneys’ fees in a probate or guardianship proceeding follows the law and procedures established for such proceedings, rather than the law and procedures for civil proceedings. See Amendments to the Florida Family Law Rules of Procedure (Rule 12.525), 897 So. 2d 467 (Fla. 2005). Editorial changes to conform to the court’s guidelines for rules submissions as set forth in Administrative Order AOSC06-14. Committee notes revised. 2018 Revision: Subdivisions (a) and (d)(1) amended to reference section 825.1035, Florida Statutes. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. §§ 732.201-732.2155, Fla. Stat. Elective share of surviving spouse. § 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla. Stat. Pretermitted children. § 732.507, Fla. Stat. Effect of subsequent marriage, birth, adoption, or dissolution of marriage.

§§ 732.6005-732.611, Fla. Stat. Rules of construction. § 732.615, Fla. Stat. Reformation to correct mistakes. § 732.616, Fla. Stat. Modification to achieve testator’s tax objectives. § 733.105, Fla. Stat. Determination of beneficiaries. § 733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence. § 733.109, Fla. Stat. Revocation of probate. § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. § 733.208, Fla. Stat. Discovery of later will. § 733.504, Fla. Stat. Removal of personal representative; causes for removal. § 733.505, Fla. Stat. Jurisdiction in removal proceedings. § 733.506, Fla. Stat. Proceedings for removal. § 733.5061, Fla. Stat. Appointment of successor upon removal. § 733.603, Fla. Stat. Personal representative to proceed without court order. § 733.609, Fla. Stat. Improper exercise of power; breach of fiduciary duty. § 733.619(2), (4), Fla. Stat. Individual liability of personal representative. § 733.814, Fla. Stat. Partition for purpose of distribution. § 744.3085, Fla. Stat. Guardian advocates. § 744.474, Fla. Stat. Reasons for removal of guardian. § 744.477, Fla. Stat. Proceedings for removal of a guardian. § 825.1035, Fla. Stat. Injunction for protection against exploitation of a vulnerable adult. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.270 Revocation of probate.

Fla. Prob. R. 5.360 Elective share. Fla. Prob. R. 5.365 Petition for dower. Fla. Prob. R. 5.440 Proceedings for removal. Fla. Prob. R. 5.649 Guardian advocate. Fla. Prob. R. 5.660 Proceedings for removal of guardian. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. Fla. R. Civ. P. 1.140 Defenses. Fla. R. Civ. P. 1.160 Motions. Fla. R. Civ. P. 1.200 Pretrial procedure. Fla. R. Civ. P. 1.280 General provisions governing discovery. Fla. R. Civ. P. 1.290 Depositions before action or pending appeal. Fla. R. Civ. P. 1.310 Depositions upon oral examination. Fla. R. Civ. P. 1.340 Interrogatories to parties. Fla. R. Civ. P. 1.380 Failure to make discovery; sanctions.

• Pt. I. », « Rule 5.030. » Fla. Prob. R. 5.030

RULE 5.030. ATTORNEYS. (a) Required; Exception. Every guardian and every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida. A guardian or personal representative who is an attorney admitted to practice in Florida may represent himself or herself as guardian or personal representative. A guardian advocate is not required to be represented by an attorney unless otherwise required by law or the court. (b) Limited Appearance without Court Order. An attorney of record for an interested person in a proceeding governed by these rules shall be the attorney of record in all other proceedings in the administration of the same estate or guardianship, except service of process in an independent action on a claim, unless at the time of appearance the attorney files a notice specifically limiting the attorney’s appearance only to the particular proceeding or matter in which the attorney appears. At the conclusion of that proceeding or matter, the attorney’s role terminates upon the attorney filing notice of completion of limited appearance and serving a copy on the client and other interested persons. (c) Withdrawal or Limited Appearance with Court Order. An attorney of record may withdraw or limit the attorney’s appearance with approval of the court after filing a motion setting forth the reasons and serving a copy on the client and other interested persons. COMMITTEE NOTES The appearance of an attorney in an estate is a general appearance unless (i) specifically limited at the time of such appearance or (ii) the court orders otherwise. This rule does not affect the right of a party to employ additional attorneys who, if members of The Florida Bar, may appear at any time. Rule History 1975 Revision: Subdivision (a) is same as prior rule 5.040 with added provision for withdrawal of attorney similar to Florida Rule of Appellate

Procedure 2.3(d)(2). Subdivision (b) reflects ruling in case of State ex rel. Falkner v. Blanton, 297 So. 2d 825 (Fla. 1974). 1977 Revision: Editorial change requiring filing of petition for withdrawal and service of copy upon interested persons. Editorial change in citation forms in rule and committee note. 1984 Revision: Minor editorial changes and addition of subdivision (c). Committee notes expanded. 1988 Revision: Editorial changes and order of subdivisions rearranged. Committee notes expanded. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: Committee notes revised. 2006 Revision: Committee notes revised. 2008 Revision: Subdivision (a) amended to reflect that a guardian advocate may not be required to be represented by an attorney in some instances. Committee notes revised. 2010 Revision: Subdivisions (b) and (c) amended to clarify the procedure for termination of an attorney’s representation of an interested person either with or without court order. 2012 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 731.301, Fla. Stat. Notice. § 733.106, Fla. Stat. Costs and attorney fees. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 744.108, Fla. Stat. Guardian’s and attorney’s fees and expenses.

§ 744.3085, Fla. Stat. Guardian advocates. Rule References Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.110(b), (c) Resident agent. Fla. R. Gen. Prac. & Jud. Admin. 2.505 Attorneys. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. App. P. 9.440 Attorneys.

• Pt. I. », « Rule 5.040. » Fla. Prob. R. 5.040

RULE 5.040. NOTICE. (a) Formal Notice. (1) Procedure for Formal Notice. When formal notice is given, a copy of the pleading or motion shall be served on interested persons, together with a notice requiring the person served to serve written defenses on the person giving notice within 20 days after service of the notice, exclusive of the day of service, and to file the original of the written defenses with the clerk of the court either before service or immediately thereafter, and notifying the person served that failure to serve written defenses as required may result in a judgment or order for the relief demanded in the pleading or motion, without further notice. (2) Effect of Service of Formal Notice. After service of formal notice, informal notice of any hearing on the pleading or motion shall be served on interested persons, provided that if no written defense is served within 20 days after service of formal notice on an interested person, the pleading or motion may be considered ex parte as to that person, unless the court orders otherwise. (3) Manner of Service of Formal Notice. Formal notice shall be served in the following manner: (A) by sending a copy by any commercial delivery service requiring a signed receipt or by any form of mail requiring a signed receipt; (B) as provided in the Florida Rules of Civil Procedure for service of process; (C) as otherwise provided by Florida law for service of process; or (D) by first-class mail when only in rem or quasi in rem relief is sought against a person if: (i) registered or certified mail service to the addressee requiring a signed receipt is unavailable and if delivery by commercial delivery service requiring a signed receipt is also unavailable; (ii) delivery pursuant to subdivision (a)(3)(A) is attempted and is

refused by the addressee; or (iii) delivery pursuant to subdivision (a)(3)(A) is attempted and is unclaimed after notice to the addressee by the delivering entity. (4) Persons to be Served. Service of formal notice under (a)(3)(A) and (a)(3)(D) shall be made on the following: (A) service on an interested person represented by an attorney shall be made by delivery to the attorney at his or her regular place of business; (B) service on an interested person who has filed a request for notice shall be made by delivery to such interested person at the address given in the request for notice; (C) service on an incapacitated person or a person with a developmental disability shall be made by delivery: (i) to such person at his or her usual place of abode; and (ii) to such person’s legal guardian at the legal guardian’s usual place of abode or regular place of business or, if such person does not have a legal guardian, to the person having care or custody of such person at his or her usual place of abode or regular place of business; (D) service on a minor whose disabilities of nonage are not removed shall be made by delivery to the persons designated to accept service of process on a minor under chapter 48, Florida Statutes, at their usual place of abode or regular place of business; (E) service on any other individual shall be made by delivery to such individual at his or her usual place of abode or to any person authorized to receive service of a summons on behalf of the individual as provided in chapter 48, Florida Statutes; or (F) service on a corporation or other business entity shall be made by delivery to such corporation or other business entity as provided in chapter 48, Florida Statutes. (5) Completion of Service. Service of formal notice pursuant to subdivision (a)(3)(A) shall be complete upon receipt by the person to whom delivery is made. Service of formal notice pursuant to subdivision (a)(3)(B) shall be complete as provided in the Florida Rules of Civil

Procedure for service of process. Service of formal notice pursuant to subdivision (a)(3)(C) shall be complete as provided by Florida law for service of process. Service of formal notice pursuant to subdivision (a)(3) (D) shall be complete upon mailing. (6) Proof of Service. Proof of service shall be by verified statement of the person serving formal notice and there shall be attached to the verified statement the receipt signed by the person to whom delivery was made or other evidence satisfactory to the court that delivery was made. Alternatively, if service is obtained pursuant to subdivision (a)(3)(D), the verified statement must state the basis for service by first-class mail, the date of mailing, and the address to which the first-class mail was sent. Proof of service pursuant to subdivisions (a)(3)(B) or (a)(3)(C) shall be made as provided by Florida law for service of process. (b) Informal Notice. When informal notice of a petition or other proceeding is required or permitted, it shall be served as provided in rule 5.041. (c) “Notice” Defined. In these rules, the Florida Probate Code, and the Florida Guardianship Law “notice” shall mean informal notice unless formal notice is specified. (d) Formal Notice Optional. Formal notice may be given in lieu of informal notice at the option of the person giving notice unless the court orders otherwise. When formal notice is given in lieu of informal notice, formal notice shall be given to all interested persons entitled to notice. When formal notice is given in lieu of informal notice, that notice does not modify any time period otherwise specified by statute or these rules. (e) In the Manner Provided for Service of Formal Notice. If a document is served in the manner provided for service of formal notice, service is completed on receipt of the document, and proof of service shall be in the manner set forth in subdivision (a)(4)(6). COMMITTEE NOTES Formal notice is the method of service used in probate proceedings and the method of service of process for obtaining in rem jurisdiction over the person’s interest in the estate property. The court does not acquire personal

jurisdiction over a person by service of formal notice. “The manner provided for service of formal notice” is as provided in rule 5.040(a)(3). Informal notice is the method of service of notice given to interested persons entitled to notice when formal notice is not given or required. Reference in this rule to the terms “mail” or “mailing” refers to use of the United States Postal Service. Rule History 1975 Revision: Implements section 731.301, Florida Statutes. 1977 Revision: Reference to elisor. 1980 Revision: Editorial changes. Clarification of time for filing defenses after formal notice. Authorizes court to give relief to delinquent respondent from ex parte status; relief from service on numerous persons; allows optional use of formal notice. 1984 Revision: Editorial changes. Eliminates deadline for filing as opposed to serving defenses after formal notice; defines procedure subsequent to service of defenses after formal notice; new requirements for service of formal notice on incompetents and corporations; defines when service of formal notice is deemed complete; provisions relating to method of service of informal notice transferred to new rules 5.041 and 5.042; eliminates waiver of notice by will. 1988 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1991 Revision: Subdivision (b) amended to define informal notice more clearly. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (a) amended to permit service of formal notice by commercial delivery service to conform to 1993 amendment to section 731.301(1), Florida Statutes. Editorial changes. 2001 Revision: Editorial changes in subdivision (a)(3)(A) to clarify requirements for service of formal notice.

2003 Revision: Committee notes revised. 2005 Revision: Subdivision (a)(3)(A) amended to delete requirement of court approval of commercial delivery service. 2006 Revision: Committee notes revised. 2007 Revision: Committee notes revised. 2007 Revision: New subdivision (a)(3)(A)(iv) inserted in response to Cason ex rel. Saferight v. Hammock, 908 So.2d 512 (Fla. 5th DCA 2005), and subsequent subdivisions renumbered accordingly. Committee notes revised. 2008 Revision: Subdivision (a)(3)(A)(iii) revised to include “person with a developmental disability.” Committee notes revised. 2010 Revision: Subdivision (d) amended to clarify that the optional use of formal notice when only informal notice is required does not modify any time period otherwise specified by statute or rule. Committee notes revised. 2012 Revision: Subdivision (b) revised to reflect amendment to rule 5.041. 2016 Revision: Subdivision (e) created to specify when service in the manner provided for service of formal notice is completed. Committee notes revised. 2019 Revision: Subdivision (a) reformatted for easier reading and corrected syntax. Subdivision (a)(3)(D) amended to provide for service by first-class mail when only in rem or quasi in rem relief is sought under certain circumstances. Committee notes revised. 2020 Revision: Committee notes amended. Statutory References § 1.01(3), Fla. Stat. Definitions. ch. 48, Fla. Stat. Process and service of process. ch. 49, Fla. Stat. Constructive service of process. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 731.105, Fla. Stat. In rem proceeding. § 731.201(18), (22), Fla. Stat. General definitions.

§ 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.502, Fla. Stat. Resignation of personal representative. § 733.613, Fla. Stat. Personal representative’s right to sell real property. § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 733.901, Fla. Stat. Final discharge. ch 743, Fla. Stat. Disability of nonage of minors removed. § 744.106, Fla. Stat. Notice. § 744.301, Fla. Stat. Natural guardians. § 744.3085, Fla. Stat. Guardian advocates. § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.441, Fla. Stat. Powers of guardian upon court approval. § 744.447, Fla. Stat. Petition for authorization to act. § 744.477, Fla. Stat. Proceedings for removal of a guardian. Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.030 Attorneys. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.180 Waiver and consent.

Fla. Prob. R. 5.560 Petition for appointment of a guardian of an incapacitated person. Fla. Prob. R. 5.649 Guardian advocate. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. Fla. R. Gen. Prac. & Jud. Admin. 2.505 Attorneys. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. Civ. P. 1.070 Process. Fla. R. Civ. P. Form 1.902 Summons.

• Pt. I. », « Rule 5.041. » Fla. Prob. R. 5.041

RULE 5.041. SERVICE OF PLEADINGS AND DOCUMENTS. Unless the court orders otherwise, every petition or motion for an order determining rights of an interested person, and every other pleading or document filed in the particular proceeding which is the subject matter of such petition or motion, except applications for witness subpoenas, shall be served on interested persons as set forth in Florida Rule of General Practice and Judicial Administration 2.516 unless these rules, the Florida Probate Code, or the Florida Guardianship Law provides otherwise. No service need be made on interested persons against whom a default has been entered, or against whom the matter may otherwise proceed ex parte, unless a new or additional right or demand is asserted. For purposes of this rule an interested person shall be deemed a party under rule 2.516. If the interested person is a minor whose disabilities of nonage are not removed, and who is not represented by an attorney, then service shall be on the persons designated to accept service of process on a minor under chapter 48, Florida Statutes. COMMITTEE NOTES Derived from Florida Rule of Civil Procedure 1.080. Regulates the service of pleadings and documents in proceedings on petitions or motions for determination of rights. It is not applicable to every pleading and document served or filed in the administration of a guardianship or decedent’s estate. Rule History 1984 Revision: New rule. Subdivision (c) is same as former rule 5.040(d). 1988 Revision: Committee notes revised. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (b) amended to allow service to be made by facsimile. Committee notes revised.

2000 Revision: Subdivision (b) amended to clarify requirements for service of pleadings and papers. Subdivision (e) amended to clarify date of filing. Editorial changes in subdivision (f). 2003 Revision: Committee notes revised. 2005 Revision: Changes in subdivisions (b) and (f) to clarify service requirements, and editorial changes in (e). 2006 Revision: Committee notes revised. 2007 Revision: Provisions regarding service on a minor added in subdivision (b) in response to Cason ex rel. Saferight v. Hammock, 908 So. 2d 512 (Fla. 5th DCA 2005). Committee notes revised. 2008 Revision: Committee notes revised. 2010 Revision: Committee notes revised. 2012 Revision: Portions of subdivision (b) and all of subdivisions (d), (e), (f), and (g) deleted in response to creation of Rule 2.516 of the Rules of General Practice and Judicial Administration. Committee notes revised. 2016 Revision: Committee notes revised. Statutory References ch. 39, Fla. Stat. Proceedings relating to children. ch. 48, Fla. Stat. Process and service of process. ch. 61, Fla. Stat. Dissolution of marriage; support; time-sharing. ch. 63, Fla. Stat. Adoption. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.705(2), (4), Fla. Stat. Payment of and objection to claims. ch. 743, Fla. Stat. Disability of nonage of minors removed.

§ 744.3085, Fla. Stat. Guardian advocates. § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.447, Fla. Stat. Petition for authorization to act. ch. 751, Fla. Stat. Temporary custody of minor children by extended family. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.030 Attorneys. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.150(c) Order requiring accounting. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.240(a) Notice of administration. Fla. Prob. R. 5.340(d) Inventory. Fla. Prob. R. 5.550 Petition to determine incapacity. Fla. Prob. R. 5.560 Petition for appointment of a guardian of an incapacitated person. Fla. Prob. R. 5.649 Guardian advocate. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. Fla. R. Civ. P. 1.080 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.505 Attorneys. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

• Pt. I. », « Rule 5.042. » Fla. Prob. R. 5.042

RULE 5.042. TIME. (a) Computation. Computation of time shall be governed by Florida Rule of General Practice and Judicial Administration 2.514. (b) Enlargement. When an act is required or allowed to be done at or within a specified time by these rules, by order of court, or by notice given thereunder, for cause shown the court at any time in its discretion (1) with or without notice, may order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or (2) on motion made and notice, after the expiration of the specified period, may permit the act to be done when failure to act was the result of excusable neglect. The court under this rule may not extend the time for serving a motion for rehearing or enlarge any period of time governed by the Florida Rules of Appellate Procedure. (c) Service for Hearings. A copy of any written petition or motion which may not be heard ex parte and a copy of the notice of the hearing thereon shall be served a reasonable time before the time specified for the hearing. (d) Additional Time after Service by Mail or E-mail. Florida Rule of General Practice and Judicial Administration 2.514(b) shall apply to the computation of time following service, except for documents served by formal notice or in the manner provided for service of formal notice. COMMITTEE NOTES This rule is derived from Florida Rule of Civil Procedure 1.090. Rule History 1984 Revision: New rule. 1988 Revision: Editorial changes in (a) and (b). Subdivision (a) enlarged to include closing of the clerk’s office as a legal holiday. In Clara P. Diamond, Inc. v. Tam-Bay Realty, Inc., 462 So. 2d 1168 (Fla. 2d DCA 1984), the Second District Court of Appeal suggested that Florida Rule of Civil

Procedure 1.090(b) be clarified to leave no question that the court may not extend the time for rehearing, appeal, or petition for certiorari regardless of whether a request to enlarge the time therefor was made before the expiration of the time allowed. Because the format of rule 5.042(b) was substantially the same as the format of rule 1.090(b), subdivision (b) is amended to conform for the sake of clarity. Committee notes revised. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: Subdivision (d) amended to clarify exception to mailing rule for service of formal notice and service in the manner provided for service of formal notice. Committee notes revised. 2008 Revision: Committee notes revised. 2012 Revision: Subdivision (a) revised to refer to Rule 2.514 and delete duplicative provisions. Subdivision (d) revised to incorporate service by email and the filing and service of documents, rather than papers. Committee notes revised. 2016 Revision: Subdivision (d) revised to clarify that Florida Rule of General Practice and Judicial Administration 2.514(b) does not apply if a document is served by formal notice or in the manner provided for service of formal notice. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 683.01, Fla. Stat. Legal holidays. § 731.301, Fla. Stat. Notice. § 732.107, Fla. Stat. Escheat. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.402, Fla. Stat. Exempt property. § 732.901, Fla. Stat. Production of wills. § 733.104, Fla. Stat. Suspension of statutes of limitation in favor of the personal representative.

§ 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 733.701, Fla. Stat. Notifying creditors. § 733.702, Fla. Stat. Limitations on presentation of claims. § 733.705, Fla. Stat. Payment of and objection to claims. § 733.710, Fla. Stat. Limitations on claims against estates. § 733.816, Fla. Stat. Disposition of unclaimed property held by personal representatives. § 744.3085, Fla. Stat. Guardian advocates. Rule References Fla. Prob. R. 5.040(a)(1) Notice. Fla. Prob. R. 5.150 Order requiring accounting. Fla. Prob. R. 5.240 Notice of administration. Fla. Prob. R. 5.241 Notice to creditors. Fla. Prob. R. 5.340(a)-(b) Inventory. Fla. Prob. R. 5.345 Accountings other than personal representatives’ final accountings. Fla. Prob. R. 5.395 Notice of federal estate tax return. Fla. Prob. R. 5.400 Distribution and discharge. Fla. Prob. R. 5.649 Guardian advocate. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. Fla. Prob. R. 5.700 Objections to guardianship reports. Fla. R. Civ. P. 1.090 Time. Fla. R. Gen. Prac. & Jud. Admin. 2.514 Computing and extending time.

• Pt. I. », « Rule 5.043. » Fla. Prob. R. 5.043

RULE 5.043. DEPOSIT OF WILLS AND CODICILS. Notwithstanding any rule to the contrary, and unless the court orders otherwise, any original executed will or codicil, including but not limited to an electronic will, deposited with the court must be retained by the clerk in its original form and must not be destroyed or disposed of by the clerk for 20 years after submission regardless of whether the will or codicil has been permanently recorded as defined by Florida Rule of General Practice and Judicial Administration 2.430. COMMITTEE NOTES 2012 Adoption. Florida Rule of General Practice and Judicial Administration 2.525 requires that all documents be filed with the court electronically. Although the Florida Statutes direct the deposit of a will, rather than the filing of the will, the committee believes that original wills and codicils should be retained in their original form longer than other documents filed with the court due to the unique evidentiary aspects of the actual document. These unique aspects could be lost forever if the original document were converted to electronic form and the original destroyed. Rule History 2012 Revision: New Rule. 2020 Revision: Added reference to deposit of electronic wills consistent with section 732.526, Florida Statutes. Committee notes revised. Statutory References § 731.201(16), (40), Fla. Stat. General definitions. § 732.526, Fla. Stat. Probate. § 732.901, Fla. Stat. Production of wills. Rule References Fla. R. Gen. Prac. & Jud. Admin. 2.430 Retention of court records. Fla. R. Gen. Prac. & Jud. Admin. 2.525 Electronic filing.

• Pt. I. », « Rule 5.050. » Fla. Prob. R. 5.050

RULE 5.050. TRANSFER OF PROCEEDINGS. (a) Incorrect Venue. When any proceeding is filed laying venue in the wrong county, the court may transfer the proceeding in the same manner as provided in the Florida Rules of Civil Procedure. Any action taken by the court or the parties before the transfer is not affected because of the improper venue. (b) Change of Residence of Ward. When the residence of a ward is changed to another county, the guardian of the person or the guardian advocate shall have the venue of the guardianship changed to the county of the acquired residence. COMMITTEE NOTES Subdivision (b) of this rule represents a rule implementation of the procedure found in section 744.1097(3), Florida Statutes. Rule History 1975 Revision: Same as section 733.101(3), Florida Statutes. 1977 Revision: Title changed to indicate that the rule is one dealing with transfer. 1988 Revision: Prior rule renumbered as (a). New (b) is rule implementation of procedure in section 744.202(2), Florida Statutes. Editorial changes. Committee notes expanded. Citation form changes in rule and committee notes. 1991 Revision: Editorial changes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2008 Revision: Change in (b) to add reference to guardian advocate. Committee notes revised. 2016 Revision: Committee notes revised to reflect renumbering of section

744.202(3) to section 744.1097(3), Florida Statutes. Updated statutory references. Statutory References ch. 47, Fla. Stat. Venue. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 733.101, Fla. Stat. Venue of probate proceedings. § 744.106, Fla. Stat. Notice. § 744.1096, Fla. Stat. Domicile of ward. § 744.1097, Fla. Stat. Venue. § 744.1098, Fla. Stat. Change of ward’s residence. § 744.306, Fla. Stat. Foreign guardians. § 744.3085, Fla. Stat. Guardian advocates. § 744.3201, Fla. Stat. Petition to determine incapacity. Rule References Fla. Prob. R. 5.200(d) Petition for administration. Fla. Prob. R. 5.240(b)(3), (d) Notice of administration. Fla. Prob. R. 5.649 Guardian advocate. Fla. R. Civ. P. 1.060 Transfers of actions.

• Pt. I. », « Rule 5.060. » Fla. Prob. R. 5.060

RULE 5.060. REQUEST PLEADINGS.

FOR

NOTICES

AND

COPIES

OF

(a) Request. Any interested person who desires notice of proceedings in the estate of a decedent or ward may file a separate written request for notice of further proceedings, designating therein such person’s residence and post office address. When such person’s residence or post office address changes, a new designation of such change shall be filed in the proceedings. A person filing such request, or address change, must serve a copy on the attorney for the personal representative or guardian and include a certificate of service. (b) Notice and Copies. A party filing a request shall be served thereafter by the moving party with notice of further proceedings and with copies of subsequent pleadings and documents as long as the party is an interested person. COMMITTEE NOTES Rule History 1975 Revision: This rule substantially incorporates the provisions of prior rule 5.060 except that now a copy of the request shall be mailed by the clerk only to the attorney for the personal representative or guardian. Even though arequest under this rule has not been made, informal notice as provided in rule 5.040(b)(3) may still be required. 1977 Revision: Editorial and citation form change in committee note. 1980 Revision: Caveat, the personal representative may want to give notice to parties even though not required, for example, where an independent action has been filed on an objected claim. 1988 Revision: Captions added to subdivisions. Committee notes expanded. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised.

2010 Revision: Committee notes revised. 2012 Revision: Committee notes revised. 2013 Revision: Subdivisions (a) and (b) revised to reflect service of documents, rather than papers. Subdivision (a) revised to shift responsibility for service of the request from the clerk to the interested person making the request for notice and copies. Editorial changes to conform to the court’s guidelines for rule submissions as set forth in AOSC06-14. Statutory References § 731.201, Fla. Stat. General definitions. § 733.604, Fla. Stat. Inventories and accountings; public records exemptions. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.340 Inventory. Fla. Prob. R. 5.341 Estate information. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

• Pt. I. », « Rule 5.065. » Fla. Prob. R. 5.065

RULE 5.065. NOTICE OF CIVIL ACTION OR ANCILLARY ADMINISTRATION. (a) Civil Action. A personal representative and a guardian shall file a notice when a civil action has been instituted by or against the personal representative or the guardian. The notice shall contain: (1) the names of the parties; (2) the style of the court and the case number; (3) the county and state where the proceeding is pending; (4) the date of commencement of the proceeding; and (5) a brief statement of the nature of the proceeding. (b) Ancillary Administration. The domiciliary personal representative shall file a notice when an ancillary administration has commenced, which notice shall contain: (1) the name and residence address of the ancillary personal representative; and (2) the information required in subdivisions (a)(2), (3), and (4) above. (c) Copies Exhibited. A copy of the initial pleading may be attached to the notice. To the extent an attached initial pleading states the required information, the notice need not restate it. COMMITTEE NOTES This rule reflects a procedural requirement not founded on a statute or rule. Rule History 1984 Revision: New rule. 1988 Revision: Committee notes expanded. 1992 Revision: Editorial change. Citation form changes in committee notes.

2000 Revision: Subdivision (b) amended to eliminate requirement to set forth nature and value of ancillary assets. 2020 Revision: Statutory references amended. Statutory References § 733.612(20), Fla. Stat. Transactions authorized for the personal representative; exceptions. § 744.441(1)(k), Fla. Stat. Powers of guardian upon court approval.

• Pt. I. », « Rule 5.080. » Fla. Prob. R. 5.080

RULE 5.080. DISCOVERY AND SUBPOENA. (a) Adoption of Civil Rules. The following Florida Rules of Civil Procedure shall apply in all probate and guardianship proceedings: (1) Rule 1.280, general provisions governing discovery. (2) Rule 1.290, depositions before action or pending appeal. (3) Rule 1.300, persons before whom depositions may be taken. (4) Rule 1.310, depositions upon oral examination. (5) Rule 1.320, depositions upon written questions. (6) Rule 1.330, use of depositions in court proceedings. (7) Rule 1.340, interrogatories to parties. (8) Rule 1.350, production of documents and things and entry upon land for inspection and other purposes. (9) Rule 1.351, production of documents and things without deposition. (10) Rule 1.360, examination of persons. (11) Rule 1.370, requests for admission. (12) Rule 1.380, failure to make discovery; sanctions. (13) Rule 1.390, depositions of expert witnesses. (14) Rule 1.410, subpoena. (b) Limitations and Costs. In order to conserve the assets of the estate, the court has broad discretion to limit the scope and the place and manner of the discovery and to assess the costs, including attorneys’ fees, of the discovery against the party making it or against 1 or more of the beneficiaries of the estate or against the ward in such proportions as the court determines, considering, among other factors, the benefit derived therefrom. (c) Application. It is not necessary to have an adversary proceeding under rule 5.025 to utilize the rules adopted in subdivision (a) above. Any interested person may utilize the rules adopted in subdivision (a).

COMMITTEE NOTES Subdivision (b) is not intended to result in the assessment of costs, including attorney’s fees, in every instance in which discovery is sought. Subdivision (c) is not intended to overrule the holdings in In re Estate of Shaw, 340 So. 2d 491 (Fla. 3d DCA 1976), and In re Estate of Posner, 492 So. 2d 1093 (Fla. 3d DCA 1986). Rule History 1975 Revision: This rule is the same as prior rule 5.080, broadened to include guardianships and intended to clearly permit the use of discovery practices in nonadversary probate and guardianship matters. 1977 Revision: Editorial change in citation form in committee note. 1984 Revision: Florida Rules of Civil Procedure 1.290, 1.300, 1.351, and 1.410 have been added. 1988 Revision: Subdivision (a)(15) deleted as duplicative of rule 5.070 Subpoena. Editorial change in (b). Citation form change in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Reference to rule 1.400 eliminated because of deletion of that rule from the Florida Rules of Civil Procedure. Editorial change. 2002 Revision: Reference to rule 1.410 transferred to subdivision (a) from former rule 5.070. Subdivision (b) amended to give court discretion to assess attorneys’ fees. Subdivision (c) added. Committee notes revised. 2006 Revision: Committee notes revised. 2007 Revision: Committee notes revised. 2016 Revision: Florida Rule of Civil Procedure 1.451 has been added to subdivision (a). Committee notes revised. Statutory References § 731.201(23), Fla. Stat. General definitions. § 733.106, Fla. Stat. Costs and attorney’s fees. § 744.105, Fla. Stat. Costs.

§ 744.108, Fla. Stat. Guardian’s and attorney’s fees and expenses. Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. R. Gen. Prac. & Jud. Admin. 2.535 Court reporting.

• Pt. I. », « Rule 5.095. » Fla. Prob. R. 5.095

RULE 5.095. GENERAL AND SPECIAL MAGISTRATES. (a) General Magistrates. The court may appoint general magistrates as the court finds necessary. General magistrates shall be members of The Florida Bar and shall continue in office until removed by the court. The order making an appointment shall be recorded. Each general magistrate shall take the oath required of officers by the Florida Constitution. The oath shall be recorded before the magistrate begins to act. (b) Special Magistrates. The court may appoint members of The Florida Bar as special magistrates for any particular service required by the court. Special magistrates shall be governed by all laws and rules relating to general magistrates, except special magistrates shall not be required to make oath unless specifically required by the court. For good cause shown, the court may appoint a person other than a member of The Florida Bar as a special magistrate. (c) Reference. No referral shall be made to a magistrate without the consent of the parties. When a referral is made to a magistrate, either party may set the action for hearing before the magistrate. (d) General Powers and Duties. Every magistrate shall act under the direction of the court. Process issued by a magistrate shall be directed as provided by law. All grounds for disqualification of a judge shall apply to magistrates. (e) Bond. When not otherwise provided by law, the court may require magistrates who are appointed to dispose of real or personal property to give bond and surety conditioned for the proper payment of all money that may come into their hands and for the due performance of their duties. The bond shall be made payable to the State of Florida and shall be for the benefit of all persons aggrieved by any act of the magistrate. (f) Hearings. Hearings before any magistrate may be held in the county where the action is pending or at any other place by order of the court for the convenience of the witnesses or the parties. The magistrate shall assign a time and place for proceedings as soon as reasonably possible after a referral is made and give notice to all parties. If any party fails to appear, the magistrate

may proceed ex parte or may continue the hearing to a future day, with notice to the absent party. The magistrate shall proceed with reasonable diligence and the least practicable delay. Any party may apply to the court for an order directing the magistrate to accelerate the proceedings and to make a report promptly. Evidence shall be taken in writing or by electronic recording by the magistrate or by some other person under the magistrate’s authority in the magistrate’s presence and shall be filed with the magistrate’s report. The magistrate may examine and take testimony from the parties and their witnesses under oath on all matters contained in the referral and may require production of all books, papers, writings, vouchers, and other documents applicable to those matters. The magistrate shall admit only evidence that would be admissible in court. The magistrate may take all actions concerning evidence that may be taken by the court. All parties accounting before a magistrate shall bring in their accounts in the form of accounts payable and receivable, and any other parties who are not satisfied with the account may examine the accounting party orally or by interrogatories or deposition as the magistrate directs. All depositions and documents that have been taken or used previously in the action may be used before the magistrate. (g) Magistrate’s Report. The magistrate’s report shall contain a description of the matters considered and the magistrate’s conclusion and any recommendations. No part of any statement of facts, account, charge, deposition, examination, or answer used before the magistrate shall be recited. (h) Filing Report; Notice; Exceptions. The magistrate shall file the report and serve copies on the parties. The parties may serve exceptions to the report within 10 days from the time it is served on them. If no exceptions are filed within that period, the court shall take appropriate action on the report. All timely filed exceptions shall be heard on reasonable notice by either party. (i) Application of Rule. This rule shall not apply to the appointment of magistrates for the specific purpose of reviewing guardianship inventories, accountings, and plans as otherwise governed by law and these rules. COMMITTEE NOTES Rule History

2007 Revision: This rule, patterned after Florida Rule of Civil Procedure 1.490, is created to implement the use of magistrates in probate and guardianship proceedings other than those specifically addressed in rule 5.697. Rule References Fla. Prob. R. 5.697 Magistrates’ review of guardianship inventories, accountings, and plans. Fla. R. Civ. P. 1.490 Magistrates.

• Pt. I. », « Rule 5.100. » Fla. Prob. R. 5.100

RULE 5.100. RIGHT OF APPEAL. Appeal of final orders and discretionary appellate review of non-final orders are governed by the Florida Rules of Appellate Procedure. COMMITTEE NOTES For purposes of appellate review, the service of a motion for rehearing postpones rendition of final orders only. A motion for rehearing of a nonfinal order does not toll the running of the time to seek review of that order. Rule History 1975 Revision: Same as prior rule 5.100 with editorial changes. 1977 Revision: Citation form change in committee note. 1988 Revision: Committee notes expanded. Citation form changes in rule and committee notes. 1992 Revision: Editorial changes. Citation form changes in committee notes. 1996 Revision: Superseded by Florida Rule of Appellate Procedure 9.110(a)(2). 2000 Revision: Rewritten because former rule was superseded. Revisions to committee notes to amend text and to include cross-references to other rules. 2003 Revision: Committee notes revised. Rule References Fla. Prob. R. 5.020(d) Pleadings; verifications; motions. Fla. R. App. P. 9.020(h) Definitions. Fla. R. App. P. 9.110(a)(2), (b) Appeal proceedings to review final orders of lower tribunals and orders granting new trial in jury and non-jury cases. Fla. R. App. P. 9.130(b) Proceedings to review non-final orders and

specified final orders.

• Pt. I. », « Rule 5.110. » Fla. Prob. R. 5.110

RULE 5.110. ADDRESS DESIGNATION FOR PERSONAL REPRESENTATIVE OR GUARDIAN; DESIGNATION OF RESIDENT AGENT AND ACCEPTANCE. (a) Address Designation of Personal Representative or Guardian. Before letters are issued, the personal representative or guardian must file a designation of street address, and mailing address. If the personal representative or guardian is an individual, the designation must also include the individual’s residence address. The personal representative or guardian must notify the court of any change in its residence address, street address, or mailing address within 20 days of the change. (b) Designation of Resident Agent. Before letters are issued, a personal representative or guardian must file a designation of resident agent for service of process or notice, and the acceptance by the resident agent. A designation of resident agent is not required if a personal representative or guardian is (1) a corporate fiduciary having an office in Florida, or (2) a Florida Bar member who is a resident of and has an office in Florida. The designation must contain the name, street address, and mailing address of the resident agent. If the resident agent is an individual who is not an attorney, the designation must also include the individual’s residence address. (c) Residency Requirement. A resident agent, other than a member of The Florida Bar who is a resident of Florida, must be a resident of the county where the proceedings are pending. (d) Acceptance by Resident Agent. The resident agent must sign a written acceptance of designation. (e) Incorporation in Other Pleadings. The designation of the address of the personal representative or guardian, the designation of resident agent, or acceptance may be incorporated in the petition for administration, the petition for appointment of guardian, or the personal representative’s or guardian’s oath. (f) Effect of Designation and Acceptance. The designation of and acceptance by the resident agent shall constitute consent to service of process or notice on the agent and shall be sufficient to bind the personal

representative or guardian: (1) in its representative capacity in any action; and (2) in its personal capacity only in those actions in which the personal representative or guardian is sued personally for claims arising from the administration of the estate or guardianship. (g) Successor Agent. If the resident agent dies, resigns, or is unable to act for any other reason, the personal representative or guardian must appoint a successor agent within 10 days after receiving notice that such event has occurred. COMMITTEE NOTES Rule History 1977 Revision: Change in committee note to conform to statutory renumbering. Substantially the same as prior rule 5.210, except that under prior rule, designation was required to be filed within 10 days after letters issued. 1984 Revision: Captions added to subdivisions. New subdivision (b) added. Requires filing acceptance at the same time as filing designation. Committee notes revised. 1988 Revision: Change in (c) to clarify that the personal representative, if a member of The Florida Bar, may not also serve as resident agent for service of process or notice. Citation form change in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2000 Revision: Extensive editorial changes to rule. Rule reformatted for clarity and revised to permit an attorney serving as resident agent to designate a business address in lieu of a residence address. 2003 Revision: Committee notes revised. 2008 Revision: Committee notes revised. 2010 Revision: Subdivision (a) amended to require the personal representative or guardian to notify the court of any change of address to

facilitate timely communication with the personal representative or guardian. 2013 Revision: Subdivision (b) amended to limit to individuals the requirement that the guardian or personal representative provide a designation of residence address, excluding corporate fiduciaries. Editorial changes to conform to the court’s guidelines for rules submissions as set forth in AOSC06-14. Rule References Fla. Prob. R. 5.200 Petition for administration. Fla. Prob. R. 5.320 Oath of personal representative. Fla. Prob. R. 5.560 Petition for appointment of guardian of an incapacitated person. Fla. Prob. R. 5.649 Guardian advocate.

• Pt. I. », « Rule 5.120. » Fla. Prob. R. 5.120

RULE 5.120. ADMINISTRATOR AD LITEM AND GUARDIAN AD LITEM. (a) Appointment. When it is necessary that the estate of a decedent or a ward be represented in any probate or guardianship proceeding and there is no personal representative of the estate or guardian of the ward, or the personal representative or guardian is or may be interested adversely to the estate or ward, or is enforcing the personal representative’s or guardian’s own debt or claim against the estate or ward, or the necessity arises otherwise, the court may appoint an administrator ad litem or a guardian ad litem, as the case may be, without bond or notice for that particular proceeding. At any point in a proceeding, a court may appoint a guardian ad litem to represent the interests of an incapacitated person, an unborn or unascertained person, a minor or any other person otherwise under a legal disability, a person with a developmental disability, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. The administrator ad litem or guardian ad litem shall file an oath to discharge all duties faithfully and upon the filing shall be qualified to act. No process need be served upon the administrator ad litem or guardian ad litem, but such person shall appear and defend as directed by the court. (b) Petition. The petition for appointment of a guardian ad litem shall state to the best of petitioner’s information and belief: (1) the initials and residence address of each minor, person with a developmental disability, or incapacitated person and year of birth of each minor who has an interest in the proceedings; (2) the name and address of any guardian appointed for each minor, person with a developmental disability, or incapacitated person; (3) the name and residence address of any living natural guardians or living natural guardian having legal custody of each minor, person with a developmental disability, or incapacitated person; (4) a description of the interest in the proceedings of each minor, person

with a developmental disability, or incapacitated person; and (5) the facts showing the necessity for the appointment of a guardian ad litem. (c) Notice. Within 10 days after appointment, the petitioner shall serve conformed copies of the petition for appointment of a guardian ad litem and order to any guardian, or if there is no guardian, to the living natural guardians or the living natural guardian having legal custody of the minor, person with a developmental disability, or incapacitated person. (d) Report. The guardian ad litem shall serve conformed copies of any written report or finding of the guardian ad litem’s investigation and answer filed in the proceedings, petition for compensation and discharge, and the notice of hearing on the petition to any guardian, or in the event that there is no guardian, to the living natural guardians or the living natural guardian having legal custody of the minor, person with a developmental disability, or incapacitated person. (e) Service of Petition and Order. Within 10 days after appointment, the petitioner for an administrator ad litem shall serve conformed copies of the petition for appointment and order to the attorney of record of each beneficiary and to each known beneficiary not represented by an attorney of record. (f) Enforcement of Judgments. When an administrator ad litem or guardian ad litem recovers any judgment or other relief, it shall be enforced as other judgments. Execution shall issue in favor of the administrator ad litem or guardian ad litem for the use of the estate or ward and the money collected shall be paid to the personal representative or guardian, or as otherwise ordered by the court. (g) Claim of Personal Representative. The fact that the personal representative is seeking reimbursement for claims against the decedent paid by the personal representative does not require appointment of an administrator ad litem. COMMITTEE NOTES Rule History

1977 Revision: Editorial change in (a) limiting application of rule to probate and guardianship proceedings. In (b) the petition for appointment of a guardian need not be verified. Deletion of (g) as being substantive rather than procedural and changing former (h) to new (g). Change in committee note to conform to statutory renumbering. This rule implements sections 731.303(5), 733.308, and 744.391, Florida Statutes, and includes some of the provisions of prior rule 5.230. 1988 Revision: Editorial changes; captions added to paragraphs. Citation form changes in committee notes. 1992 Revision: Addition of phrase in subdivision (a) to conform to 1992 amendment to section 731.303(5), Florida Statutes. Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2006 Revision: Committee notes revised. 2008 Revision: Subdivisions (a), (b), (c), and (d) amended to include persons with a developmental disability. Committee notes revised. 2012 Revision: The phrase “deliver or mail” in subdivisions (c), (d), and (e) has been replaced with the word “serve” to comply with other rules relating to service of pleadings and documents. Committee notes revised. 2014 Revision: Amends subdivision (b)(1) to conform to Florida Rule of General Practice and Judicial Administration 2.425. Committee notes revised. 2020 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 731.303, Fla. Stat. Representation. § 733.308, Fla. Stat. Administrator ad litem. § 733.708, Fla. Stat. Compromise. § 744.3025, Fla. Stat. Claims of minors. § 744.3085, Fla. Stat. Guardian advocates.

§ 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla. Stat. Actions by and against guardian or ward. § 744.446, Fla. Stat. Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. § 985.43, Fla. Stat. Predisposition reports; other evaluations. § 985.441, Fla. Stat. Commitment. § 985.455, Fla. Stat. Other dispositional issues. Rule References Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.

• Pt. I. », « Rule 5.122. » Fla. Prob. R. 5.122

RULE 5.122. CURATORS. (a) Petition for Appointment. The petition for appointment of a curator shall be verified and shall contain: (1) the petitioner’s name, address, and interest, if any, in the estate; (2) the decedent’s name, address, date and place of death, and state and county of domicile; (3) the names and addresses of the persons apparently entitled to letters of administration and any known beneficiaries; (4) the nature and approximate value of the assets; (5) a statement showing venue; (6) a statement as to why a curator should be appointed; and (7) the name and address of any proposed curator. The court may appoint a curator sua sponte. (b) Appointment. Before letters of curatorship are issued, the curator shall file a designation of resident agent and acceptance, and an oath, as is required for personal representatives under these rules. The court shall issue letters of curatorship that shall entitle the curator to possess or control the decedent’s property, which the court may enforce through contempt proceedings. (c) Notice. Formal notice shall be given to the person apparently entitled to letters, if any. If it is likely that the decedent’s property will be wasted, destroyed, or removed beyond the jurisdiction of the court and if the appointment of a curator would be delayed by giving notice, the court may appoint a curator without notice. (d) Powers. By order, the court may authorize the curator to perform any duty or function of a personal representative, including publication and service of notice to creditors, or if a will has been admitted, service of notice of administration. (e) Inventory and Accounting. The curator shall file an inventory within 30 days after issuance of letters of curatorship. When the personal

representative is appointed, the curator shall account for and deliver all estate assets in the curator’s possession to the personal representative within 30 days after issuance of letters of administration. (f) Petition to Reconsider. If a curator has been appointed without notice, any interested party who did not receive notice may, at any time, petition to reconsider the appointment. (g) Subject to Other Provisions. Curators shall be subject to the provisions of these rules and other applicable law concerning personal representatives. COMMITTEE NOTES This rule implements the procedure found in section 733.501, Florida Statutes, as amended in 1997 and 2001. The rule has been modified, in part, to reflect the addition of new rule 5.241 regarding notice to creditors. Because the fundamental concern of curatorship is protection of estate property, the procedure facilitates speed and flexibility while recognizing due process concerns. It is not intended that this rule change the effect of the statute from which it has been derived, but the rule has been reformatted to conform to the structure of these rules. Furthermore, the Committee does not intend to create a new procedure, except that subdivision (d) specifies certain acts that the court may authorize the curator to perform. This specificity of example, while not included in the statute, is not intended to limit the authorized acts to those specified in the rule. The appointment of a curator without notice is tantamount to a temporary injunction. Thus, due process considerations suggest an expedited hearing to reconsider the appointment of a curator by any interested party who did not receive notice. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Citation form changes in committee notes. 2003 Revision: Extensive changes to rule to clarify procedure for appointment of curator. Committee notes revised. Statutory References

§ 733.402, Fla. Stat. Bond of fiduciary; when required; form. § 733.501, Fla. Stat. Curators. Rule Reference Fla. Prob. R. 5.020 Pleadings; verification; motions.

• Pt. I. », « Rule 5.150. » Fla. Prob. R. 5.150

RULE 5.150. ORDER REQUIRING ACCOUNTING. (a) Accountings Required by Statute. When any personal representative or guardian fails to file an accounting or return required by statute or rule, the court on its own motion or on the petition of an interested person shall order the personal representative or guardian to file the accounting or return within 15 days from the service on the personal representative or guardian of the order, or show cause why he or she should not be compelled to do so. (b) Accountings Not Required by Statute. On the petition of an interested person, or on its own motion, the court may require the personal representative or guardian to file an accounting or return not otherwise required by statute or rule. The order requiring an accounting or return shall order the personal representative or guardian to file the accounting or return within a specified time from service on the personal representative or guardian of the order, or show cause why he or she should not be compelled to do so. (c) Service. A copy of the order shall be served on the personal representative or guardian and the personal representative’s or guardian’s attorney. COMMITTEE NOTES The court on its motion or on petition of an interested person may require a personal representative or guardian to file an accounting or return not otherwise required by statute. Rule History 1977 Revision: Change in committee notes. 1984 Revision: Extensive editorial changes. Committee notes revised and expanded. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised.

2008 Revision: Committee notes revised. Statutory References § 38.22, Fla. Stat. Power to punish contempts. § 38.23, Fla. Stat. Contempts defined. § 393.12(2)(h), Fla. Stat. Capacity; appointment of guardian advocate. § 733.5036, Fla. Stat. Accounting and discharge following resignation. § 733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. § 783.901, Fla. Stat. Final discharge. ch. 738, Fla. Stat. Principal and income. § 744.3085, Fla. Stat. Guardian advocates. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3678, Fla. Stat. Annual accounting. § 744.3685, Fla. Stat. Order requiring guardianship report; contempt. § 744.369, Fla. Stat. Judicial review of guardianship reports. § 744.467, Fla. Stat. Resignation of guardian. § 744.511, Fla. Stat. Accounting upon removal. § 744.517, Fla. Stat. Proceedings for contempt. § 744.521, Fla. Stat. Termination of guardianship. § 744.524, Fla. Stat. Termination of guardianship on change of domicile of resident ward. § 744.527, Fla. Stat. Final reports and applications for discharge; hearing. Rule References Fla. Prob. R. 5.649 Guardian advocate. Fla. Prob. R. 5.650 Resignation or disqualification of guardian; appointment of successor. Fla. Prob. R. 5.660 Proceedings for removal of guardian.

Fla. Prob. R. 5.670 Termination of guardianship on change of domicile of resident ward. Fla. Prob. R. 5.680 Termination of guardianship. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. Fla. Prob. R. 5.695 Annual guardianship report. Fla. Prob. R. 5.696 Annual accounting. Fla. Prob. R. 5.697 Magistrates’ review of guardianship accountings and plans.

• Pt. I. », « Rule 5.160. » Fla. Prob. R. 5.160

RULE 5.160. PRODUCTION OF ASSETS. On the petition of an interested person, or on its own motion, the court may require any personal representative or guardian to produce satisfactory evidence that the assets of the estate are in the possession or under the control of the personal representative or guardian and may order production of the assets in the manner and for the purposes directed by the court. COMMITTEE NOTES Rule History 1977 Revision: Change in committee notes. 1984 Revision: Minor editorial changes. Committee notes revised. 1988 Revision: Editorial changes. 1992 Revision: Editorial changes Committee notes revised. Statutory Reference § 744.373, Fla. Stat. Production of property.

• Pt. I. », « Rule 5.170. » Fla. Prob. R. 5.170

RULE 5.170. EVIDENCE. In proceedings under the Florida Probate Code and the Florida Guardianship Law the rules of evidence in civil actions are applicable unless specifically changed by the Florida Probate Code, the Florida Guardianship Law, or these rules. COMMITTEE NOTES Rule History. 1977 Revision: New rule. 1984 Revision: To further clarify the intent of the rule to incorporate the provisions of the Florida Evidence Code (chapter 90, Florida Statutes) when not in conflict with the Florida Probate Code or Florida Guardianship Law, or rules applicable to these particular proceedings. 1992 Revision: Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References. ch. 90, Fla. Stat. Florida Evidence Code. § 733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence.

• Pt. I. », « Rule 5.171. » Fla. Prob. R. 5.171

RULE 5.171. EVIDENCE OF DEATH. In a proceeding under these rules, the following shall apply: (a) Death certificate. An authenticated copy of a death certificate issued by an official or agency of the place where the death purportedly occurred or by an official or agency of the United States is prima facie proof of the fact, place, date, and time of death and the identity of the decedent. (b) Other records. A copy of any record or report of a governmental agency, domestic or foreign, that a person is dead, alive, missing, detained, or, from the facts related, presumed dead is prima facie evidence of the status, dates, circumstances, and places disclosed by the record or report. (c) Extended absence. A person who is absent from the place of that person’s last known domicile for a continuous period of 5 years and whose absence is not satisfactorily explained after diligent search and inquiry is presumed dead. The person’s death is presumed to have occurred at the end of the period unless there is evidence establishing that death occurred earlier. COMMITTEE NOTES This rule represents a rule implementation of the procedure found in section 731.103, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure, except that additional language has been added which was not in the statute, to permit issuance of a death certificate by an official or agency of the United States. An example would be such a certificate issued by the Department of State or the Department of Defense. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References

§ 731.103, Fla. Stat. Evidence as to death or status. § 744.521, Fla. Stat. Termination of guardianship. Rule References Fla. Prob. R. 5.205 Filing evidence of death. Fla. Prob. R. 5.680 Termination of guardianship.

• Pt. I. », « Rule 5.180. • Fla. Prob. R. 5.180

RULE 5.180. WAIVER AND CONSENT. (a) Manner of Execution. A waiver or consent as authorized by law shall be in writing and signed by the person executing the waiver or consent. (b) Contents. The waiver or consent shall state: (1) the person’s interest in the subject of the waiver or consent; (2) if the person is signing in a fiduciary or representative capacity, the nature of the capacity; (3) expressly what is being waived or consented to; and (4) if the waiver pertains to compensation, language declaring that the waiving party has actual knowledge of the amount and manner of determining the compensation and, in addition, either: (A) that the party has agreed to the amount and manner of determining that compensation and waives any objection to payment; or (B) that the party has the right to petition the court to determine the compensation and waives that right. (c) Filing. The waiver or consent shall be filed. COMMITTEE NOTES One person who serves in two fiduciary capacities may not waive or consent to the person’s acts without the approval of those whom the person represents. This rule represents a rule implementation of the procedure found in section 731.302, Florida Statutes. Rule History 1977 Revision: Extends right of waiver to natural guardian; clarifies right to waive service of notice of administration. 1984 Revision: Extends waiver to disclosure of compensation and distribution of assets. Committee notes revised. 1988 Revision: Procedure from section 731.302, Florida Statutes, inserted

as new (1)(f), and a new requirement that the waiver be in writing has been added. Editorial changes. Committee notes expanded. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Addition of specific fee waiver disclosure requirements found in § 733.6171(9), Florida Statutes, and expanded to cover all fees. Committee notes revised. 2003 Revision: Committee notes revised. 2006 Revision: Rule extensively amended to remove references to interested persons’ right to waive or consent, which is governed by section 731.302, Florida Statutes, and to address manner of execution and contents of waiver. Committee notes revised. Statutory References § 731.302, Fla. Stat. Waiver and consent by interested person. § 731.303, Fla. Stat. Representation. § 733.6171, Fla. Stat. Compensation of attorney for the personal representative.

« Pt. II. » Fla. Prob. R., Pt. II

PART II. PROBATE « Pt. II. », • Rule 5.200. » Fla. Prob. R. 5.200

RULE 5.200. PETITION FOR ADMINISTRATION. The petition for administration shall be verified by the petitioner and shall contain: (a) a statement of the interest of the petitioner, the petitioner’s name and address, and the name and office address of the petitioner’s attorney; (b) the name and last known address of the decedent, last 4 digits of the decedent’s social security number, date and place of death of the decedent, and state and county of the decedent’s domicile; (c) so far as is known, the names and addresses of the surviving spouse, if any, the beneficiaries and their relationship to the decedent and the year of birth of any beneficiaries who are minors; (d) a statement showing venue; (e) the priority, under section 733.301, Florida Statutes, of the person whose appointment as the personal representative is sought, whether or not any other person has equal or higher preference, and if so, their name and whether they will be served with formal notice, and a statement that the person is qualified to serve under the laws of Florida; (f) a statement whether domiciliary or principal proceedings are pending in another state or country, if known, and the name and address of the foreign personal representative and the court issuing letters; (g) a statement of the approximate value and nature of the assets; (h) in an intestate estate, a statement that after the exercise of reasonable diligence the petitioner is unaware of any unrevoked wills or codicils, or if the petitioner is aware of any unrevoked wills or codicils, a statement why the wills or codicils are not being probated; (i) in a testate estate, a statement identifying all unrevoked wills and codicils being presented for probate, and a statement that the

petitioner is unaware of any other unrevoked wills or codicils or, if the petitioner is aware of any other unrevoked wills or codicils, a statement why the other wills or codicils are not being probated; (j) in a testate estate, a statement that the original of the decedent’s last will is in the possession of the court or accompanies the petition, or that an authenticated copy of a will deposited with or probated in another jurisdiction or that an authenticated copy of a notarial will, the original of which is in the possession of a foreign notary, accompanies the petition; and (k) a statement that the personal representative seeking appointment is qualified to serve under the laws of Florida as a business entity under section 733.305, Florida Statutes, or, if an individual, that the person is qualified to serve under the laws of Florida, including: (1) whether the person has been convicted of a felony; (2) whether the person has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in section 825.101, Florida Statutes; (3) that the person is mentally and physically able to perform the duties of a personal representative; (4) that the person is 18 years of age or older; and (5) whether the person is a resident of Florida and, if not a resident, a statement of the person’s relationship to the decedent in accordance with section 733.304, Florida Statutes. COMMITTEE NOTES Rule History 1977 Revision: Addition to (b)(5) to require an affirmative statement that the person sought to be appointed as personal representative is qualified to serve. Committee note expanded to include additional statutory references. Substantially the same as section 733.202, Florida Statutes, and implementing sections 733.301 through 733.305, Florida Statutes. 1988 Revision: Editorial changes. Committee notes revised.

1992 Revision: Addition of phrase in subdivision (b) to conform to 1992 amendment to section 733.202(2)(b), Florida Statutes. Reference to clerk ascertaining the amount of the filing fee deleted in subdivision (g) because of repeal of sliding scale of filing fees. The remaining language was deemed unnecessary. Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Addition of phrases in subdivision (j) to add references to wills probated in Florida where the original is in the possession of a foreign official. Editorial changes. Committee notes revised. 2003 Revision: Committee notes revised. 2007 Revision: Editorial changes in (h) and (i). 2007 Revision: Committee notes revised. 2010 Revision: Editorial change in (e) to clarify reference to Florida Probate Code. 2011 Revision: Subdivision (b) amended to limit listing of decedent’s social security number to last four digits. 2012 Revision: Committee notes revised. 2014 Revision: Subdivision (c) amended to conform to Florida Rule of General Practice and Judicial Administration 2.425. Committee notes revised. 2019 Revision: Subdivision (e) amended to require a statement identifying any other person who has equal or higher preference than the petitioner for the appointment of a personal representative under section 733.301, Florida Statutes. Subdivision (k) adopted to require a statement of the specific facts that show the petitioner’s qualifications to serve as personal representative under sections 733.303 and 733.304, Florida Statutes. 2020 Revision: Committee notes revised. Citation form changes in committee notes. 2021 Revision: Subdivision (k) amended to require a statement as to whether the personal representative seeking appointment has been convicted of abuse, neglect, or exploitation of an elderly or disabled adult. Statutory References

§ 731.201(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 732.522, Fla. Stat. Method and place of execution. § 732.526, Fla. Stat. Probate. § 733.202, Fla. Stat. Petition. § 733.301, Fla. Stat. Preference in appointment of personal representative. § 733.302, Fla. Stat. Who may be appointed personal representative. § 733.303, Fla. Stat. Persons not qualified. § 733.304, Fla. Stat. Nonresidents. § 733.305, Fla. Stat. Trust companies and other corporations and associations. § 825.101, Fla. Stat. Definitions. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.201 Notice of petition for administration. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.

« Pt. II. », « Rule 5.201. » Fla. Prob. R. 5.201

RULE 5.201. NOTICE OF PETITION FOR ADMINISTRATION. (a) Petitioner Entitled to Preference of Appointment. Except as may otherwise be required by these rules or the Florida Probate Code, no notice need be given of the petition for administration or the issuance of letters when it appears that the petitioner is entitled to preference of appointment as personal representative. (b) Petitioner Not Entitled to Preference. Before letters shall be issued to any person who is not entitled to preference, formal notice must be served on all known persons qualified to act as personal representative and entitled to preference equal to or greater than the applicant, unless those entitled to preference waive it in writing. (c) Service of Petition by Formal Notice. If the petitioner elects or is required to serve formal notice of the petition for administration prior to the issuance of letters, a copy of the will offered for probate must be attached to the notice. COMMITTEE NOTES Rule History. — This rule represents a rule implementation of the procedure formerly found in section 733.203(2), Florida Statutes, which was repealed as procedural in 2001. Rule History 1988 Revision: New rule. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2010 Revision: Subdivision (c) added to require service of a copy of the will offered for probate. This requirement was included in section 733.2123, Florida Statutes, but was removed in 2010 because it was deemed to be a procedural requirement. Committee notes revised. Editorial changes.

Statutory References § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.200 Petition for administration.

« Pt. II. », « Rule 5.205. » Fla. Prob. R. 5.205

RULE 5.205. FILING EVIDENCE OF DEATH. (a) Requirements for Filing. A copy of an official record of the death of a decedent shall be filed by the personal representative, if any, or the petitioner in each of the following proceedings and at the times specified: (1) Administration of decedent’s estate: not later than 3 months following the date of the first publication of the notice to creditors. (2) Ancillary proceedings: not later than 3 months following the date of first publication of notice to creditors. (3) Summary administration: at any time prior to entry of the order of summary administration. (4) Disposition without administration: at the time of filing the application for disposition without administration. (5) Determination of beneficiaries: at any time prior to entry of the final judgment determining beneficiaries. (6) Determination of protected homestead: at any time prior to entry of the final judgment determining protected homestead status of real property. (7) Probate of will without administration: at any time prior to entry of the order admitting will to probate. (b) Waiver. On verified petition by the personal representative, if any, or the petitioner the court may enter an order dispensing with this rule, without notice or hearing. (c) Authority to Require Filing. The court may, without notice or hearing, enter an order requiring the personal representative, if any, or the petitioner to file a copy of an official record of death at any time during the proceedings. COMMITTEE NOTES A short form certificate of death, which does not disclose the cause of death, should be filed.

Rule History 1980 Revision: This rule is intended to provide a uniform procedure for filing an official record of death in any judicial or statutory proceeding upon the death of a decedent. The court may, upon ex parte application, waive compliance with this rule or require filing at any stage in the proceedings. 1984 Revision: Captions and minor editorial changes. Committee notes revised. 1988 Revision: Editorial and substantive changes. Adds (a)(8) to require filing when will is admitted to probate without administration of the estate or an order disposing of property. Committee notes revised. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Replaces “homestead” with “protected homestead” in (a) (7) to conform to addition of term in section 731.201(29), Florida Statutes. Committee notes revised. 2003 Revision: Revises subdivision (a)(1) to change notice of administration to notice to creditors. Deletes subdivision (a)(3) referring to family administration, and renumbers subsequent subdivisions. Committee notes revised. 2010 Revision: Committee notes revised. Statutory References § 28.222(3)(g), Fla. Stat. Clerk to be county recorder. § 382.008(6), Fla. Stat. Death and fetal death registration. § 731.103, Fla. Stat. Evidence as to death or status. § 733.2121, Fla. Stat. Notice to creditors; filing of claims. Rule References Fla. Prob. R. 5.042(a) Time. Fla. Prob. R. 5.171 Evidence of death. Fla. Prob. R. 5.241 Notice to creditors.

« Pt. II. », « Rule 5.210. » Fla. Prob. R. 5.210

RULE 5.210. PROBATE OF WILLS WITHOUT ADMINISTRATION. (a) Petition and Contents. A petition to admit a decedent’s will to probate without administration shall be verified by the petitioner and shall contain: (1) a statement of the interest of the petitioner, the petitioner’s name and address, and the name and office address of the petitioner’s attorney; (2) the name and last known address of the decedent, last 4 digits of the decedent’s social security number, date and place of death of the decedent, and state and county of the decedent’s domicile; (3) so far as is known, the names and addresses of the surviving spouse, if any, the beneficiaries and their relationships to the decedent, and the name and year of birth of any who are minors; (4) a statement showing venue; (5) a statement whether domiciliary or principal proceedings are pending in another state or country, if known, and the name and address of the foreign personal representative and the court issuing letters; (6) a statement that there are no assets subject to administration in Florida; (7) a statement identifying all unrevoked wills and codicils being presented for probate and a statement that the petitioner is unaware of any other unrevoked wills or codicils or, if the petitioner is aware of any other unrevoked wills or codicils, a statement why the other wills or codicils are not being probated; and (8) a statement that the original of the decedent’s last will is in the possession of the court or accompanies the petition, or that an authenticated copy of a will deposited with or probated in another jurisdiction or that an authenticated copy of a notarial will, the original of which is in the possession of a foreign notary, accompanies the petition. (b) Service. The petitioner shall serve a copy of the petition on those persons who would be entitled to service under rule 5.240.

(c) Objections. Objections to the validity of the will shall follow the form and procedure set forth in these rules pertaining to revocation of probate. Objections to the venue or jurisdiction of the court shall follow the form and procedure set forth in the Florida Rules of Civil Procedure. (d) Order. An order admitting the will to probate shall include a finding that the will has been executed as required by law. COMMITTEE NOTES Examples illustrating when a will might be admitted to probate are when an instrument (such as a will or trust agreement) gives the decedent a power exercisable by will, such as the power to appoint a successor trustee or a testamentary power of appointment. In each instance, the will of the person holding the power has no legal significance until admitted to probate. There may be no assets, creditors’ issues, or other need for a probate beyond admitting the will to establish the exercise or non-exercise of such powers. Rule History 1975 Revision: Proof of will may be taken by any Florida circuit judge or clerk without issuance of commission. 1984 Revision: This rule has been completely revised to set forth the procedure for proving all wills except lost or destroyed wills and the title changed. The rule requires an oath attesting to the statutory requirements for execution of wills and the will must be proved before an order can be entered admitting it to probate. Former rules 5.280, 5.290, and 5.500 are included in this rule. Committee notes revised. 1988 Revision: Editorial and substantive changes. Change in (a)(3) to clarify which law determines validity of a notarial will; change in (a)(4) to clarify requirement that will of a Florida resident must comply with Florida law; adds new subdivision (b) to set forth required contents of petition for probate of will; moves former (b) to (c). Committee notes expanded; citation form change in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (a)(4) changed to allow authenticated copies of

wills to be admitted to probate if the original is filed or deposited in another jurisdiction. 2002 Revision: Substantial revision to the rule setting forth the requirements of a petition to admit a will to probate when administration is not required. Self proof of wills is governed by the Florida Statutes. Former subdivision (a)(4) amended and transferred to new rule 5.215. Former subdivision (a)(5) amended and transferred to new rule 5.216. 2003 Revision: Committee notes revised. 2007 Revision: Existing text redesignated as subdivision (a) and editorial change made in (a)(7). New subdivisions (b) and (c) added to provide for service of the petition and the procedure for objections consistent with the procedures for probate of a will with administration. Committee notes revised. 2010 Revision: Subdivision (b) amended to reflect that service of the petition to admit a decedent’s will to probate without administration shall be served on the persons who would be entitled to service of the notice of administration in a formal administration as set forth in rule 5.240. New subdivision (d) added to provide that any order admitting the decedent’s will to probate without administration contain a finding that the will was executed as required by law. Committee notes revised. 2011 Revision: Subdivision (a)(2) amended to limit listing of decedent’s social security number to last four digits. 2014 Revision: Subdivision (a)(3) amended to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised.. Committee notes revised. 2020 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 732.502, Fla. Stat. Execution of wills. § 732.503, Fla. Stat. Self-proof of will.

§ 732.523, Fla. Stat. Self-proof of electronic will. § 732.526, Fla. Stat. Probate. § 733.103, Fla. Stat. Effect of probate. § 733.201, Fla. Stat. Proof of wills. § 733.202, Fla. Stat. Petition. § 733.204, Fla. Stat. Probate of a will written in a foreign language. § 733.205, Fla. Stat. Probate of notarial will. § 733.206, Fla. Stat. Probate of will of resident after foreign probate. § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. § 734.104, Fla. Stat. Foreign wills; admission to record; effect on title. Rule References Fla. Prob. R. 5.015 General definitions. Fla. Prob. R. 5.020 Pleadings, verification; motions. Fla. Prob. R. 5.205(a)(7) Filing evidence of death. Fla. Prob. R. 5.215 Authenticated copy of will. Fla. Prob. R. 5.216 Will written in foreign language. Fla. Prob. R. 5.230 Commission to prove will. Fla. Prob. R. 5.240 Notice of administration. Fla. Prob. R. 5.270 Revocation of probate. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.

« Pt. II. », « Rule 5.215. » Fla. Prob. R. 5.215

RULE 5.215. AUTHENTICATED COPY OF WILL. An authenticated copy of a will may be admitted to probate if the original could be admitted to probate in Florida. COMMITTEE NOTES Rule History 2002 Revision: New rule, derived from former rule 5.210(a)(4). 2003 Revision: Committee notes revised. 2020 Revision. Committee notes revised. Statutory References § 732.523, Fla. Stat. Self-proof of electronic will. § 732.526, Fla. Stat. Probate. § 733.205, Fla. Stat. Probate of notarial will. § 733.206, Fla. Stat. Probate of will of resident after foreign probate. § 734.102, Fla. Stat. Ancillary administration. § 734.1025, Fla. Stat. Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims. § 734.104, Fla. Stat. Foreign wills; admission to record; effect on title. Rule References Fla. Prob. R. 5.200 Petition for administration. Fla. Prob. R. 5.210 Probate of wills without administration. Fla. Prob. R. 5.470 Ancillary administration. Fla. Prob. R. 5.475 Ancillary administration, short form.

« Pt. II. », « Rule 5.216. » Fla. Prob. R. 5.216

RULE 5.216. WILL WRITTEN IN FOREIGN LANGUAGE. A will written in a foreign language being offered for probate shall be accompanied by a true and complete English translation. In the order admitting the foreign language will to probate, the court shall establish the correct English translation. At any time during administration, any interested person may have the correctness of the translation redetermined after formal notice to all other interested persons. COMMITTEE NOTES Rule History 2002 Revision: New rule, derived from former rule 5.210(a)(5) and section 733.204(2), Florida Statutes. Statutory Reference § 733.204, Fla. Stat. Probate of a will written in a foreign language.

« Pt. II. », « Rule 5.230. » Fla. Prob. R. 5.230

RULE 5.230. COMMISSION TO PROVE WILL. (a) Petition. On petition the court may appoint a commissioner to take the oath of any person qualified to prove the will under Florida law. The petition must set forth the date of the will and the place where it was executed, if known; the names of the witnesses and address of the witness whose oath is to be taken; and the name, title, and address of the proposed commissioner. (b) Commission. The commission must be directed to a person who is authorized to administer an oath by the laws of Florida, the United States of America, or the state or country where the witness may be found, and it shall empower the commissioner to take the oath of the witness to prove the will and shall direct the commissioner to certify the oath and file the executed commission, copy of the will, oath of the witness, and certificate of commissioner. An oath of the commissioner is not required. (c) Mailing or Delivery. The petitioner or the petitioner’s attorney must cause the commission, together with a copy of the will, the oath, and the certificate of commissioner, to be mailed or delivered to the commissioner. (d) Filing. The executed commission, copy of the will, oath of the witness, and certificate of commissioner must be filed. COMMITTEE NOTES Rule History 1975 Revision: Substantially the same as prior rule 5.130(a) and (b) and carries forward prior procedures as to a matter upon which Florida Probate Code is silent. 1984 Revision: This rule has been completely changed to set forth the procedure for the issuance and return of a commission. The rule has been broadened to allow anyone authorized by Florida Statutes or by the U.S. Code to be a commissioner as well as those authorized by the state or country where the witness resides. The rule now provides that the petitioner or his attorney shall forward the

commission to the commissioner. The rule also contemplates that a Florida notary may be appointed as commissioner to take the proof of a witness outside the State of Florida. Committee notes revised and expanded. 1988 Revision. Editorial and substantive changes. Change in (a) to provide that commissioner may take the oath of not only the attesting witness to the will but also the oath of any other person qualified to prove the will; change in (c) to permit copies other than photographic copies to be furnished to the commissioner, and to permit delivery of documents in a manner other than by mailing; change in (d) to require the filing of documents with the court. Committee notes revised. Citation form changes in rule and committee notes. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2013 Revision: Subdivision (e) deleted because it duplicates subdivision (d) in Rule 5.240. Committee notes revised. Editorial changes to conform to the court’s guidelines for rules submissions as set forth in AOSC06-14. 2020 Revision: Committee notes revised. Statutory References § 92.50, Fla. Stat. Oaths, affidavits, and acknowledgments; who may take or administer; requirements. § 117.215, Fla. Stat. Relation to other laws. § 733.101, Fla. Stat. Venue of probate proceedings. § 732.522, Fla. Stat. Method and place of execution. § 732.523, Fla. Stat. Self-proof of electronic will. § 733.201, Fla. Stat. Proof of wills. 22 U.S.C. 4215 Notarial acts, oaths, affirmations, affidavits, and depositions; fees. Rule References Fla. Prob. R. 5.050 Transfer of proceedings. Fla. R. Civ. P. 1.060 Transfers of actions.

« Pt. II. », « Rule 5.235. » Fla. Prob. R. 5.235

RULE 5.235. ISSUANCE OF LETTERS, BOND. (a) Appointment of Personal Representative. After the petition for administration is filed and the will, if any, is admitted to probate: (1) the court shall appoint the person entitled and qualified to be personal representative; (2) the court shall determine the amount of any bond required. The clerk may approve the bond in the amount determined by the court; and (3) any required oath or designation of, and acceptance by, a resident agent shall be filed. (b) Issuance of Letters. Upon compliance with all of the foregoing, letters shall be issued to the personal representative. (c) Bond. On petition by any interested person or on the court’s own motion, the court may waive the requirement of filing a bond, require a personal representative or curator to give bond, increase or decrease the bond, or require additional surety. COMMITTEE NOTES This rule represents a rule implementation of the procedure formerly found in sections 733.401 and 733.403(2), Florida Statutes, both of which were repealed in 2001. It is not intended to change the effect of the statutes from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Mandate in subdivision (a)(2) prohibiting charge of service fee by clerk deleted. Statutory references added.

2003 Revision: Committee notes revised. 2010 Revision: Committee notes revised. Statutory References § 28.24(19), Fla. Stat. Service charges by clerk of the circuit court. § 28.2401, Fla. Stat. Service charges in probate matters. § 733.402, Fla. Stat. Bond of fiduciary; when required; form. § 733.403, Fla. Stat. Amount of bond. § 733.405, Fla. Stat. Release of surety. § 733.501, Fla. Stat. Curators. Rule References Fla. Prob. R. 5.110 Address designation for personal representative or guardian; designation of resident agent and acceptance. Fla. Prob. R. 5.122 Curators. Fla. Prob. R. 5.320 Oath of personal representative.

« Pt. II. », « Rule 5.240. » Fla. Prob. R. 5.240

RULE 5.240. NOTICE OF ADMINISTRATION. (a) Service. The personal representative shall promptly serve a copy of the notice of administration on the following persons who are known to the personal representative and who were not previously served under section 733.2123, Florida Statutes: (1) the decedent’s surviving spouse; (2) all beneficiaries; (3) a trustee of any trust described in section 733.707(3), Florida Statutes, and each qualified beneficiary of the trust as defined in section 736.0103(16), Florida Statutes, if each trustee is also a personal representative of the estate; and (4) persons who may be entitled to exempt property in the manner provided for service of formal notice. The personal representative may similarly serve a copy of the notice on any devisee under another will or heirs or others who claim or may claim an interest in the estate. (b) Contents. The notice shall state: (1) the name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, whether the estate is testate or intestate, and, if testate, the date of the will and any codicils; (2) the name and address of the personal representative and the name and address of the personal representative’s attorney, and that the fiduciary lawyer-client privilege in section 90.5021, Florida Statutes, applies with respect to the personal representative and any attorney employed by the personal representative; (3) that any interested person on whom a copy of the notice of administration is served must file, on or before the date that is 3 months after the date of service of a copy of the notice of administration on that person any objection that challenges the validity of the will, the venue, or

the jurisdiction of the court. The 3-month time period may only be extended for estoppel based upon a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may not be extended for any other reason, including affirmative representation, failure to disclose information, or misconduct by the personal representative or any other person. Unless sooner barred by section 733.212(3), Florida Statutes, all objections to the validity of a will, venue, or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of the personal representative, or 1 year after service of the notice of administration; (4) the persons who may be entitled to exempt property under section 732.402, Florida Statutes, will be deemed to have waived their rights to claim that property as exempt property unless a petition for determination of exempt property is filed by such persons or on their behalf on or before the later of the date that is 4 months after the date of service of a copy of the notice of administration on such persons or the date that is 40 days after the date of termination of any proceedings involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the exempt property; (5) that an election to take an elective share must be filed on or before the earlier of the date that is 6 months after the date of service of a copy of the notice of administration on the surviving spouse, an agent under chapter 709, Florida Statutes, or a guardian of the property of the surviving spouse; or the date that is 2 years after the date of the decedent’s death; and (6) that, under certain circumstances and by failing to contest the will, the recipient of the notice of administration may be waiving his or her right to contest the validity of a trust or other writing incorporated by reference into a will. (c) Copy of Will. Unless the court directs otherwise, the personal representative of a testate estate must, upon written request, furnish a copy of the will and all codicils admitted to probate to any person on whom the notice of administration was served. (d) Objections. Objections to the validity of the will shall follow the form and procedure set forth in these rules pertaining to revocation of probate. Objections to the venue or jurisdiction of the court shall follow the form and

procedure set forth in the Florida Rules of Civil Procedure. (e) Waiver of Service. For the purpose of determining deadlines established by reference to the date of service of a copy of the notice of administration in cases in which service has been waived, service on a person who has waived notice is deemed to occur on the date the waiver is filed. COMMITTEE NOTES Rule History 1977 Revision: Former subdivision (c) is deleted as being substantive rather than procedural. 1984 Revision: Editorial changes; new requirement to file proof of publication; new requirements as to form of objections to will and qualifications of personal representative. Committee notes revised. 1988 Revision: The obligation to mail notice of administration to all known or reasonably ascertainable creditors has been added to comply with the dictates of Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, 108 S. Ct. 1340, 99 L. Ed. 2d 565 (1988). This rule does not require sending notice of administration to creditors in estates where the time for filing claims has expired before the effective date of this rule. However, no opinion is offered whether such claims are barred by the provisions of section 733.702, Florida Statutes. Committee notes revised. Citation form changes in committee notes. 1991 Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 and 733.702, Florida Statutes. Those statutes were amended to comply with the dictates of Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, 108 S. Ct. 1340, 99 L. Ed. 2d 565 (1988). For the same reason, subdivision (e) was eliminated. 1992 Revision: Former subdivision (e) revised and reinstated to emphasize need for personal representative to determine all known or reasonably ascertainable creditors. Editorial changes; committee notes revised; citation form changes in committee notes. 1996 Revision: Subdivision (a) amended to require service of notice of

administration on trustees of certain revocable trusts as defined by Florida statute. Editorial changes. 2002 Revision: Procedures for notifying creditors are now governed by new rule 5.241. Committee notes revised. 2003 Revision: Change in title of (a) to reflect elimination of publication of notice. Committee notes revised. 2005 Revision: Subdivision (a)(3) amended to make it consistent with 2003 change to section 733.212(1)(c), Florida Statutes, regarding when service on trust beneficiaries is required, and clarifying editorial change made in (a). New subdivision (b)(5) added regarding notice to file election to take elective share. Committee notes revised. 2007 Revision: Subdivision (a)(3) amended to replace reference to “beneficiary” with “qualified beneficiary” and to change reference from former section 737.303(4)(b) to new section 736.0103(14), which defines that term. Subdivision (b)(5) amended to delete the reference to the surviving spouse filing the election as another person can file the election on behalf of the surviving spouse. New subdivision (e) added to provide a deadline for objection by a person who waives service. Committee notes revised. 2011 Revision: Subdivision (b)(2) amended to conform to amendment to section 732.212, Florida Statutes, relating to attorney-client privilege for fiduciaries and their attorneys. Editorial changes to conform to the court’s guidelines for rules submissions as set forth in Administrative Order AOSC06-14. Statutory reference to section 732.402, Florida Statutes, added. Committee notes revised. 2013 Revision: Updated statutory reference in subdivision (a)(3). Committee notes revised. 2015 Revision: Subdivisions (b)(3) and (d) amended to conform to amendments to section 733.212, Florida Statutes, relating to the removal of the requirement to object to the qualifications of a personal representative within this statutory framework due to other statutory amendments. The 2011 Revision contains a scrivener’s error and it should reference section 733.212, Florida Statutes, as opposed to section 732.212, Florida Statutes. 2019 Revision: For clarity purposes, subdivisions (b)(2), (b)(3), (b)(4), and (b)(5) amended for consistency with section 733.212, Florida Statutes,

relating to the contents of a notice of administration. Subdivision (b)(5) amended to replace the term “attorney-in-fact” with “agent” to reflect 2011 enactment of section 709.2102(1), Florida Statutes. 2020 Revision: Subdivision (b)(6) was created to conform to an amendment to section 733.212, Florida Statutes, that requires the Notice of Administration include a notice of a potential waiver of rights by failing to contest the will. Statutory References § 709.2102(1), Fla. Stat. Definitions. § 731.201(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.402, Fla. Stat. Exempt property. § 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. § 733.101, Fla. Stat. Venue of probate proceedings. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.302, Fla. Stat. Who may be appointed personal representative. § 733.303, Fla. Stat. Persons not qualified. § 733.305, Fla. Stat. Trust companies and other corporations and associations. § 733.504, Fla. Stat. Removal of personal representative; causes for removal. § 733.506, Fla. Stat. Proceedings for removal. Rule References

Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.050 Transfer of proceedings. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.270 Revocation of probate. Fla. Prob. R. 5.440 Proceedings for removal. Fla. R. Civ. P. 1.060 Transfers of actions.

« Pt. II. », « Rule 5.2405. » Fla. Prob. R. 5.2405

RULE 5.2405. SERVICE OF NOTICE OF ADMINISTRATION ON PERSONAL REPRESENTATIVE. (a) Date Notice of Administration is Considered Served on Person who is Personal Representative. Unless service of the notice of administration is waived pursuant to Rule 5.240(e), when a person who is entitled to service of the notice of administration pursuant to Rule 5.240(a) is also a personal representative, the notice of administration shall be deemed served upon the person on the earliest of the following dates: (1) the date on which the person acknowledges in writing receipt of the notice of administration; (2) the date on which the notice of administration is first served on any other person entitled to service of the notice of administration (or the first among multiple persons entitled to service); or (3) the date that is 30 days after the date letters of administration are issued. (b) Date Other Notices are Considered Served on Person who is Personal Representative. When a person who is entitled to service of notice under these rules or the Florida Probate Code (other than the notice of administration) is also a personal representative, any notice shall be deemed as having been served on the personal representative on the earliest of the following dates: (1) the date on which the person acknowledges in writing receipt of the notice; (2) the date on which the notice is required to be served by the personal representative under these rules or the Florida Probate Code; or, (3) the date on which the notice is first served by the personal representative on any other person entitled to service of the same notice. COMMITTEE NOTES This rule is intended to address situations in which the personal

representative is also an interested person in an estate, but claims that he or she has not received the notice of administration, despite the personal representative being required to serve the notice. The receipt of the notice of administration can trigger time limits for the person receiving the notice with regard to certain rights, such as the right to claim an elective share. Rule History 2013 Revision: New rule. Statutory References § 731.201(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. § 733.101, Fla. Stat. Venue of probate proceedings. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. § 733.302, Fla. Stat. Who may be appointed personal representative. § 733.303, Fla. Stat. Persons not qualified. § 733.305, Fla. Stat. Trust companies and other corporations and associations. § 733.504, Fla. Stat. Removal of personal representative; causes for removal. § 733.506, Fla. Stat. Proceedings for removal. Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.050 Transfer of proceedings. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.270 Revocation of probate. Fla. Prob. R. 5.440 Proceedings for removal of personal representative. Fla. R. Civ. P. 1.060 Transfers of actions.

« Pt. II. », « Rule 5.241. » Fla. Prob. R. 5.241

RULE 5.241. NOTICE TO CREDITORS. (a) Publication and Service. Unless creditors’ claims are otherwise barred by law, the personal representative shall promptly publish a notice to creditors and serve a copy of the notice on all creditors of the decedent who are reasonably ascertainable and, if required by law, on the Agency for Health Care Administration. Service of the notice shall be either by informal notice, or in the manner provided for service of formal notice at the option of the personal representative. Service on one creditor by a chosen method shall not preclude service on another creditor by another method. (b) Contents. The notice to creditors shall contain the name of the decedent, the file number of the estate, the designation and address of the court, the name and address of the personal representative and of the personal representative’s attorney, and the date of first publication of the notice to creditors. The notice shall require all creditors to file all claims against the estate with the court, within the time provided by law. (c) Method of Publication and Proof. Publication shall be made as required by law. The personal representative shall file proof of publication with the court within 45 days after the date of first publication of the notice to creditors. (d) Statement Regarding Creditors. Within 4 months after the date of the first publication of notice to creditors, the personal representative shall file a verified statement that diligent search has been made to ascertain the name and address of each person having a claim against the estate. The statement shall indicate the name and address of each person at that time known to the personal representative who has or may have a claim against the estate and whether such person was served with the notice to creditors or otherwise received actual notice of the information contained in the notice to creditors; provided that the statement need not include persons who have filed a timely claim or who were included in the personal representative’s proof of claim. (e) Service of Death Certificate. If service of the notice on the Agency for Health Care Administration is required, it shall be accompanied by a copy of the death certificate.

COMMITTEE NOTES It is the committee’s opinion that the failure to timely file the proof of publication of the notice to creditors shall not affect time limitations for filing claims or objections. On April 19, 1988, the United States Supreme Court decided Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, 108 S. Ct. 1340, 99 L. Ed. 2d 565. This case substantially impacted the method for handling (and barring) creditors’ claims. This case stands for the proposition that a creditor may not be barred by the usual publication if that creditor was actually known to or reasonably ascertainable by the personal representative, and the personal representative failed to give notice to the creditor by mail or other means as certain to ensure actual notice. Less than actual notice in these circumstances would deprive the creditor of due process rights under the 14th Amendment to the U.S. Constitution. Probably actual notice of the death (as in the case of a hospital where the decedent died as a patient) without notice of the institution of probate proceedings is not sufficient. An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested persons of the pendency of the proceeding and afford them an opportunity to present their claims. The steps to be taken by a personal representative in conducting a diligent search for creditors depends, in large measure, on how familiar the personal representative is with the decedent’s affairs. Therefore, the committee believes it is inappropriate to list particular steps to be taken in each estate, since the circumstances will vary from case to case. The statement required by this rule is not intended to be jurisdictional but rather to provide evidence of satisfaction (or lack thereof) of the due process requirements. Rule History 2002 Revision: New rule to implement procedures consistent with new section 733.2121, Florida Statutes. 2003 Revision: Committee notes revised. 2005 Revision: Subdivision (a) amended to clarify approved methods of

service on creditors. Committee notes revised. 2007 Revision: Editorial change in (a). 2007 Revision: New subdivision (e) added to require service of a copy of the decedent’s death certificate on the Agency for Health Care Administration, as is now required by section 733.2121(3)(d), Florida Statutes. 2019 Revision: Subdivision (e) amended to clarify that a copy of a death certificate suffices. Statutory References ch. 50, Fla. Stat. Legal and official advertisements. § 731.301, Fla. Stat. Notice. § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 733.702, Fla. Stat. Limitations on presentation of claims. § 733.703, Fla. Stat. Form and manner of presenting claim. § 733.704, Fla. Stat. Amendment of claims. § 733.705, Fla. Stat. Payment of and objection to claims. § 733.708, Fla. Stat. Compromise. Rule Reference Fla. Prob. R. 5.490 Form and manner of presenting claim.

« Pt. II. », « Rule 5.260. » Fla. Prob. R. 5.260

RULE 5.260. CAVEAT; PROCEEDINGS. (a) Filing. Any creditor or interested person other than a creditor may file a caveat with the court. The caveat of an interested person, other than a creditor, may be filed before or after the death of the person for whom the estate will be, or is being, administered. The caveat of a creditor may be filed only after the person’s death. (b) Contents. The caveat shall contain the name of the person for whom the estate will be, or is being, administered, the last 4 digits of the person’s social security number or year of birth, if known, a statement of the interest of the caveator in the estate, and the name and specific mailing address of the caveator. (c) Resident Agent of Caveator; Service. If the caveator is not a resident of Florida, the caveator must file a designation of the name and specific mailing address and residence address of a resident in the county where the caveat is filed, as the caveator’s agent for service of notice. The written acceptance by the person appointed as resident agent must be filed with the designation or included in the caveat. The designation and acceptance shall constitute the consent of the caveator that service of notice upon the designated resident agent shall bind the caveator. If the caveator is represented by an attorney admitted to practice in Florida who signs the caveat, it shall not be necessary to designate a resident agent under this rule. (d) Filing after Commencement. If at the time of the filing of any caveat the decedent’s will has been admitted to probate or letters of administration have been issued, the clerk must promptly notify the caveator in writing of the date of issuance of letters and the names and addresses of the personal representative and the personal representative’s attorney. (e) Creditor. When letters of administration issue after the filing of a caveat by a creditor, the clerk must promptly notify the caveator, in writing, advising the caveator of the date of issuance of letters and the names and addresses of the personal representative and the personal representative’s attorney, unless notice has previously been served on the caveator. A copy of any notice given by the clerk, together with a certificate of the mailing of the

original notice, must be filed in the estates proceedings. (f) Other Interested Persons; Before Commencement. After the filing of a caveat by an interested person other than a creditor, the court must not admit a will of the decedent to probate or appoint a personal representative without service of formal notice on the caveator or the caveator’s designated agent. A caveator is not required to be served with formal notice of its own petition for administration. COMMITTEE NOTES Caveat proceedings permit a decedent’s creditor or other interested person to be notified when letters of administration are issued. Thereafter, the caveator must take appropriate action to protect the caveator’s interests. This rule treats the creditor caveator different from other caveators. An attorney admitted to practice in Florida who represents the caveator may sign the caveat on behalf of the client. Rule History 1977 Revision: Carried forward prior rule 5.150. 1984 Revision: Changes in (a), (b), and (d) are editorial. Change in (c) eliminates resident agent requirement for Florida residents and for nonresidents represented by a Florida attorney. Service on the attorney binds caveator. Former (e) is now subdivisions (e) and (f) and treats creditor caveator differently from other interested persons. Change in (f) requires formal notice. Committee notes revised. 1988 Revision: Committee notes revised. Citation form changes in committee notes. 1992 Revision: Addition of language in subdivision (b) to implement 1992 amendment to section 731.110(2), Florida Statutes. Editorial changes. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2010 Cycle Report Revision: Subdivision (c) amended to clarify that a state agency filing a caveat need not designate an agent for service of process, and to provide that a caveator who is not a resident of the county where the

caveat is filed must designate either a resident of that county or an attorney licensed and residing in Florida as the caveator’s agent. Editorial changes in (d) and (e). Committee notes revised. 2010 Out-of-Cycle Report Revision: Subdivisions (a) and (b) amended to conform with statutory changes. Subdivision (c) amended to read as it existed prior to SC10-171 (35 FLW S482) due to a subsequent legislative amendment (Chapter 2010-132, § 3, Laws of Fla.). Editorial changes in (d), (e), and (f). Committee notes revised. 2011 Revision: Subdivision (b) amended to replace language removed in 2010 out-of-cycle revision, to replace term “decedent” with “person for whom the estate will be, or is being, administered,” and to limit listing of a social security number to the last four digits and a date of birth to the year of birth. 2013 Revision: Subdivision (f) is updated to provide that a caveator is not required to be served with formal notice of its own petition for administration. Committee notes revised. Statutory References § 731.110, Fla. Stat. Caveat; proceedings. Rule Reference Fla. Prob. R. 5.040(a) Notice.

« Pt. II. », « Rule 5.270. » Fla. Prob. R. 5.270

RULE 5.270. REVOCATION OF PROBATE. (a) Petition and Contents. A petition for revocation of probate shall state the interest of the petitioner in the estate and the facts constituting the grounds on which revocation is demanded. (b) Continued administration. Pending the determination of any issue for revocation of probate, the personal representative shall proceed with the administration of the estate as if no revocation proceeding had been commenced, except that no distribution may be made to beneficiaries in contravention of the rights of those who, but for the will, would be entitled to the property disposed of. COMMITTEE NOTES This rule represents a rule implementation of the procedure found in section 733.109(2), Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. The committee believes that subsections (1) and (3) of the statute are substantive, and have therefore not been included. Further, this rule revises subdivision (b) of the prior similar rule to track the language in the statute from which it was derived. Rule History 1984 Revision: Extensive changes. Committee notes revised. 1988 Revision: Language of subdivision (b) of the rule rewritten to track the statute more closely. Committee notes expanded. Citation form change in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: “Beneficiaries” substituted for “devisees” in subdivision (b) to conform language to section 733.109(2), Florida Statutes.

2007 Revision: Committee notes revised. Statutory References § 731.201(23), Fla. Stat. General definitions. § 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. § 733.109, Fla. Stat. Revocation of probate. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2123, Fla. Stat. Adjudication before issuance of letters. Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.240 Notice of administration.

« Pt. II. », « Rule 5.275. » Fla. Prob. R. 5.275

RULE 5.275. BURDEN OF PROOF IN WILL CONTESTS. (a) In all proceedings contesting the validity of a will, the burden shall be upon the proponent of the will to establish prima facie its formal execution and attestation. Thereafter, the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation sought. (b) In any transaction or event to which the presumption of undue influence applies, the presumption shifts the burden of proof under sections 90.301-90.304, Florida Statutes. COMMITTEE NOTES This rule implements the procedure found in section 733.107, Florida Statutes, and the public policy against abuse of fiduciary or confidential relationships. Rule History 1988 Revision: New rule. 1992 Revision: Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2019 Revision: Adopts subdivision (b) and revises the committee note to reflect that change. Statutory References § 90.301, Fla. Stat. Presumption defined; inferences. § 90.302, Fla. Stat. Classification of rebuttable presumptions. § 90.303, Fla. Stat. Presumption affecting the burden of producing evidence defined. § 90.304, Fla. Stat. Presumption affecting the burden of proof defined. § 733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence.

« Pt. II. », « Rule 5.310. » Fla. Prob. R. 5.310

RULE 5.310. DISQUALIFICATION REPRESENTATIVE; NOTIFICATION.

OF

PERSONAL

Any time a personal representative, who was qualified to act at the time of appointment, knows that he or she would not be qualified for appointment if application for appointment were then made, the personal representative shall promptly file and serve on all interested persons a notice stating: (a) the reason(s) the personal representative would not be qualified for appointment if application for appointment were then made and the date on which the disqualifying event occurred; and (b) that any interested person may file a petition to remove the personal representative within 30 days after the date on which such notice is served. COMMITTEE NOTES Notification under this rule or section 733.3101(2), Florida Statutes, does not automatically affect the authority of the personal representative to act. The personal representative may resign or interested persons or the court must act to remove the personal representative. Rule History 1975 Revision: This is same as old rule 5.220 and old section 732.47(3), Florida Statutes. The rule sets forth the imperative need for timely action and the inherent responsibility of a fiduciary to effect orderly succession. It further implies the inherent jurisdiction of the court to control by judicial overview the succession. 1977 Revision: Citation form change in committee note. 1988 Revision: Committee notes revised. Citation form changes in committee notes. 1992 Revision: Editorial changes to clarify rule. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Rule amended to implement procedures found in section 733.3101, Florida Statutes. Committee notes revised.

2015 Revision: Rule amended to conform to amendment to section 733.3101, Florida Statutes, which modifies the substance and procedure for the disqualification of a personal representative. Citation revised in committee notes. Committee notes revised. Statutory References § 731.301, Fla. Stat. Notice. § 733.302, Fla. Stat. Who may be appointed personal representative. § 733.303, Fla. Stat. Persons not qualified. § 733.3101, Fla. Stat. Personal representative not qualified. § 733.502, Fla. Stat. Resignation of personal representative. § 733.504, Fla. Stat. Removal of personal representative; causes for removal. § 733.505, Fla. Stat. Jurisdiction in removal proceedings. § 733.506, Fla. Stat. Proceedings for removal. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.430 Resignation of personal representative. Fla. Prob. R. 5.440 Proceedings for removal.

« Pt. II. », « Rule 5.320. » Fla. Prob. R. 5.320

RULE 5.320. OATH OF PERSONAL REPRESENTATIVE. Before the granting of letters of administration, the personal representative shall file an oath to faithfully administer the estate of the decedent. The oath shall also contain a statement that the personal representative has reviewed the statutes relating to the requirements for appointment as personal representative, that the personal representative is qualified to serve, and that the personal representative has a continuing duty to file and serve a notice upon the occurrence of an event that would disqualify the personal representative. If the petition is verified by the prospective personal representative individually, the oath may be incorporated in the petition or in the designation of resident agent. The oath shall substantially comply with the following form:

[CAPTION] OATH OF PERSONAL REPRESENTATIVE

STATE OF ____________________ COUNTY OF ____________________ I, ____________________, (Affiant), state under oath that: 1. I am qualified within the provisions of sections 733.302, 733.303, and 733.304, Florida Statutes, to serve as personal representative of the estate of ____________________, deceased. I have reviewed the statutes and understand the qualifications. Under penalties of perjury, I certify that the following statements are true: a. I am 18 years of age or older. b. I have never been convicted of a felony. c. I have never been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person

or a disabled adult, as those terms are defined in section 825.101, Florida Statutes. d. I am mentally and physically able to perform the duties of personal representative. e. I am a resident of the State of Florida, or, if I am not a resident of the State of Florida, I am: ____ a legally adopted child or adoptive parent of the decedent; related by lineal consanguinity to the decedent; a spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or ____ the spouse of a person otherwise qualified under one of the provisions above. 2. I will faithfully administer the estate of the decedent according to law. 3. My place of residence is ____________________, and my post office address is ____________________. 4. I will promptly file and serve a notice on all interested persons at any time I know that I would not be qualified for appointment and will include the reason I would not then be qualified and the date on which the disqualifying event occurred. 5. I will file and serve a notice within 20 days on all interested persons, in the event there is a change in my residence address, street address, or mailing address. Affiant

Sworn to (or affirmed) and subscribed before me by means of ____________________ physical presence or

____________________ online notarization, this ____ day of ____, 20 ____, by ____ (name of person making statement). Signature of Notary Public—State of Florida (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known ____ or Produced ____ Identification Type of Identification Produced ____ COMMITTEE NOTES It is contemplated the oath may be signed concurrently with the petition for administration and will be valid even if it predates the order appointing the personal representative. Rule History 1977 Revision: No change in rule. Change in committee note to conform to statutory renumbering. This rule establishes the uniform requirement for an oath of faithful performance of fiduciary duties within the permissiveness of section 733.401(1)(d), Florida Statutes. Should be taken together with new rule 5.110, Resident Agent. 1988 Revision: Committee notes expanded. Citation form changes in committee notes. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2019 Revision: Amended the rule to conform the oath to statutory changes and to provide a proposed form for the oath of personal representative. The oath is expanded to address the qualifications and continuing duties of the personal representative. 2021 Revision: Form Oath amended to require a statement that the personal representative has never been convicted of abuse, neglect, or exploitation of an elderly or disabled adult and to revise notary block for compliance with revised section 117.05, Florida Statutes.

Statutory References 733.302, Fla. Stat. Who may be appointed personal representative 733.303, Fla. Stat. Persons not qualified 733.304, Fla. Stat. Nonresidents 733.3101, Fla. Stat. Personal representative not qualified 825.101, Fla. Stat. Definitions Rule References Fla. Prob. R. 5.110 Address designation for personal representative or guardian; designation of resident agent and acceptance. Fla. Prob. R. 5.235 Issuance of letters, bond.

« Pt. II. », « Rule 5.330. » Fla. Prob. R. 5.330

RULE 5.330. EXECUTION BY PERSONAL REPRESENTATIVE. Notwithstanding any other provisions of these rules, the personal representative shall sign the: (a) inventory; (b) accountings; (c) petition for sale or confirmation of sale or encumbrance of real or personal property; (d) petition to continue business of decedent; (e) petition to compromise or settle claim; (f) petition to purchase on credit; (g) petition for distribution and discharge; and (h) resignation of personal representative. COMMITTEE NOTES Rule History 1975 Revision: Where the jurisdiction of the court is invoked voluntarily pursuant to section 733.603, Florida Statutes, or otherwise, the rule requires that the personal representative have actual knowledge of the more important steps and acts of administration. 1977 Revision: Citation form change in committee note. 1988 Revision: Editorial changes. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2010 Revision: Committee notes revised. Statutory References

§ 733.502, Fla. Stat. Resignation of personal representative. § 733.604, Fla. Stat. Inventories and accountings; public records exemptions. § 733.612(5), (22), (24), Fla. Stat. Transactions authorized for the personal representative; exceptions. § 733.613, Fla. Stat. Personal representative’s right to sell real property. § 733.708, Fla. Stat. Compromise. § 733.901, Fla. Stat. Final discharge. Rule References Fla. Prob. R. 5.340 Inventory. Fla. Prob. R. 5.345 Accountings other than personal representatives’ final accountings. Fla. Prob. R. 5.346 Fiduciary accounting. Fla. Prob. R. 5.350 Continuance of unincorporated business or venture. Fla. Prob. R. 5.370 Sales of real property where no power conferred. Fla. Prob. R. 5.400 Distribution and discharge. Fla. Prob. R. 5.430 Resignation of personal representative.

« Pt. II. », « Rule 5.340. » Fla. Prob. R. 5.340

RULE 5.340. INVENTORY. (a) Contents and Filing. Unless an inventory has been previously filed, the personal representative shall file an inventory of the estate within 60 days after issuance of letters. The inventory shall contain notice of the beneficiaries’ rights under subdivision (e), list the estate with reasonable detail, and include for each listed item (excluding real property appearing to be protected homestead property) its estimated fair market value at the date of the decedent’s death. Real property appearing to be protected homestead property shall be listed and so designated. (b) Extension. On petition the time for filing the inventory may be extended by the court for cause shown without notice, except that the personal representative shall serve copies of the petition and order on the persons described in subdivision (d). (c) Amendments. A supplementary or amended inventory containing the information required by subdivision (a) as to each affected item shall be filed and served by the personal representative if: (1) the personal representative learns of property not included in the original inventory; or (2) the personal representative learns that the estimated value or description indicated in the original inventory for any item is erroneous or misleading; or (3) the personal representative determines the estimated fair market value of an item whose value was described as unknown in the original inventory. (d) Service. The personal representative shall serve a copy of the inventory and all supplemental and amended inventories on the surviving spouse, each heir at law in an intestate estate, each residuary beneficiary in a testate estate, and any other interested person who may request it in writing. (e) Information. On request in writing, the personal representative shall provide the following:

(1) To the requesting residuary beneficiary or heir in an intestate estate, a written explanation of how the inventory value for an asset was determined or, if an appraisal was obtained, a copy of the appraisal. (2) To any other requesting beneficiary, a written explanation of how the inventory value for each asset distributed or proposed to be distributed to that beneficiary was determined or, if an appraisal of that asset was obtained, a copy of the appraisal. (f) Notice to Nonresiduary Beneficiaries. The personal representative shall provide to each nonresiduary beneficiary written notice of that beneficiary’s right to receive a written explanation of how the inventory value for each asset distributed or proposed to be distributed to that beneficiary was determined or a copy of an appraisal, if any, of the asset. (g) Elective Share Proceedings. Upon entry of an order determining the surviving spouse’s entitlement to the elective share, the personal representative shall file an inventory of the property entering into the elective estate which shall identify the direct recipient, if any, of that property. The personal representative shall serve the inventory of the elective estate as provided in rule 5.360. On request in writing, the personal representative shall provide an interested person with a written explanation of how the inventory value for an asset was determined and shall permit an interested person to examine appraisals on which the inventory values are based. (h) Verification. All inventories shall be verified by the personal representative. COMMITTEE NOTES Inventories of the elective estate under subdivision (f) shall be afforded the same confidentiality as probate inventories. § 733.604(1) and (2), Fla. Stat. Inventories are still required to be filed. Once filed, however, they are subject to the confidentiality provisions found in sections 733.604(1) and (2), Florida Statutes. Constitutional protected homestead real property is not necessarily a probatable asset. Disclosure on the inventory of real property appearing to be constitutional protected homestead property informs interested persons of the homestead issue.

Interested persons are entitled to reasonable information about estate proceedings on proper request, including a copy of the inventory, an opportunity to examine appraisals, and other information pertinent to their interests in the estate. The rights of beneficiaries to information contained in estate inventories is limited by section 733.604(3), Florida Statutes. Inventories of the elective estate under subdivision (f) affects a broader class of interested persons who may obtain information regarding the assets disclosed therein subject to control by the court and the confidentiality afforded such inventories under section 733.604(1) and (2). Rule History 1980 Revision: Eliminated the time limit in requesting a copy of the inventory by an interested person or in furnishing it by the personal representative. 1984 (First) Revision: Extensive changes. Committee notes revised. 1984 (Second) Revision: Subdivision (a) modified to clarify or re-insert continued filing requirement for inventory. 1988 Revision: Editorial changes in (b) and (d). Committee notes revised. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2001 Revision: Subdivision (a) amended to conform to statutory changes. Subdivision (d) amended to add requirement of filing of proof of service. Subdivision (e) amended to clarify personal representative’s duty to furnish explanation of how inventory values were determined. Subdivision (f) added to require personal representative to file inventory of property entering into elective share. Subdivision (g) added to require verification of inventories. Committee notes revised. 2002 Revision: Subdivision (e) amended to conform to section 733.604(3), Florida Statutes. Subdivision (f) amended to establish procedures for interested persons to obtain information about assets and values listed in the inventory of the elective estate. Committee notes revised. 2003 Revision: Committee notes revised. 2010 Revision: Subdivisions (d) and (g) (former (f)) amended to delete the

requirement to serve a copy of the inventory on the Department of Revenue. Subdivision (e) amended, and new (f) created, to limit the kind of information available to nonresiduary beneficiaries, and subsequent subdivisions relettered. Editorial changes in (a), (e), and (g). Committee notes revised. 2012 Revision: The last sentence of subdivision (d) is deleted to remove duplicative requirement of filing a proof of service for a document which includes a certificate of service as provided in Fla. R. Gen. Prac. & Jud. Admin. 2.516. If service of the inventory is by service in the manner provided for service of formal notice, then proof of service should be filed as provided in rule 5.040(a)(5). Committee notes revised. Constitutional Reference Art. X, § 4, Fla. Const. Statutory References § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. Devise of homestead. § 733.604, Fla. Stat. Inventories and accountings; public records exemptions. Rule References Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.340 Execution by personal representative. Fla. Prob. R. 5.360 Elective share. Fla. Prob. R. 5.405 Proceedings to determine homestead status of real property. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.341. » Fla. Prob. R. 5.341

RULE 5.341. ESTATE INFORMATION. On reasonable request in writing, the personal representative shall provide an interested person with information about the estate and its administration. COMMITTEE NOTES This rule is not intended to overrule the holdings in In re Estate of Shaw, 340 So. 2d 491 (Fla. 3d DCA 1976), and In re Estate of Posner, 492 So. 2d 1093 (Fla. 3d DCA 1986). Rule History 2002 Revision: New rule.

« Pt. II. », « Rule 5.342. » Fla. Prob. R. 5.342

RULE 5.342. INVENTORY OF SAFE-DEPOSIT BOX. (a) Filing. The personal representative shall file an inventory of the contents of the decedent’s safe-deposit box within 10 days of the initial opening of the box by the personal representative or the personal representative’s attorney of record. The inventory shall include a copy of the financial institution’s entry record for the box from a date that is six months prior to the decedent’s date of death to the date of the initial opening by the personal representative or the personal representative’s attorney of record. (b) Verification. Each person who was present at the initial opening must verify the contents of the box by signing a copy of the inventory under penalties of perjury. (c) Service. The personal representative shall serve a copy of the inventory on the surviving spouse, each heir at law in an intestate estate, each residuary beneficiary in a testate estate, and any other interested person who may request it in writing. COMMITTEE NOTES Inventories and entry records, once filed, shall be afforded the same confidentiality as probate inventories. If a safe-deposit box is opened pursuant to section 655.935 of the Florida Statutes, no written inventory of the box need be prepared or filed. Rule History 2003 Revision: New rule. 2012 Revision: The last sentence of subdivision (c) is deleted to remove duplicative requirement of filing a proof of service for a document which includes a certificate of service as provided in Fla. R. Gen. Prac. & Jud. Admin. 2.516. In service of the inventory is by service in the manner provided for service of formal notice, then proof of service should be filed as provided in rule 5.040(a)(5). Committee notes revised. Statutory References

§ 655.935, Fla. Stat. Search procedure on death of lessee. § 655.936, Fla. Stat. Delivery of safe-deposit box contents or property held in safekeeping to personal representative. § 733.6065, Fla. Stat. Opening safe-deposit box. Rule References Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.340 Inventory. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.3425. » Fla. Prob. R. 5.3425

RULE 5.3425. SEARCH OF SAFE DEPOSIT BOX. (a) Petition for Order Authorizing Search. The petition for an order authorizing the search of a safe deposit box leased or co-leased by a decedent must be verified and must contain: (1) The petitioner’s name, address, and interest, if any, in the estate; (2) The decedent’s name, address, date and place of death, and state and county of domicile; (3) A description of the safe deposit box leased by the decedent and, if known, the name of any co-lessee; (4) The name and address of the institution where the safe deposit box is located; and (5) A statement that the petitioner believes that the decedent may have left in the safe deposit box one or more of the following: (A) A will or codicil of the decedent, or a writing described in section 732.515 of the Code; (B) A deed to a burial plot; (C) A writing giving burial instructions; or (D) Insurance policies on the life of the decedent. (b) Order. If the Court determines that the petitioner is entitled to an order authorizing a search of the decedent’s safe deposit box, it must enter an order (1) authorizing the petitioner to open the safe deposit box in the presence of an officer of the lessor and, if requested by the petitioner, to remove and deliver (A) to the court having probate jurisdiction in the county where the lessor is located any writing purporting to be a will or codicil of the decedent and any writing purporting to identify devises of tangible property; (B) to the petitioner, any writing purporting to be a deed to a burial

plot to give burial instructions; and (C) to the beneficiary named therein, any document purporting to be an insurance policy on the life of the decedent. (2) directing the officer of the lessor to make a complete copy of any document removed and delivered pursuant to the court order, together with a memorandum of delivery identifying the name of the officer, the person to whom the document was delivered, and the date of delivery, to be placed in the safe deposit box leased or co-leased by the decedent. COMMITTEE NOTES The search of the safe deposit box is not considered an initial opening and is not subject to the inventory requirements of rule 5.342. Rule History 2010 Revision: New rule. Statutory References § 655.935, Fla. Stat. Search procedure on death of lessee.

« Pt. II. », « Rule 5.345. » Fla. Prob. R. 5.345

RULE 5.345. ACCOUNTINGS OTHER THAN REPRESENTATIVES’ FINAL ACCOUNTINGS.

PERSONAL

(a) Applicability and Accounting Periods. This rule applies to the interim accounting of any fiduciary of a probate estate, the accounting of a personal representative who has resigned or been removed, and the accounting of a curator upon the appointment of a successor fiduciary. The fiduciary may elect to file an interim accounting at any time, or the court may require an interim or supplemental accounting. The ending date of the accounting period for any accounting to which this rule applies shall be as follows: (1) For an interim accounting, any date selected by the fiduciary, including a fiscal or calendar year, or as may be determined by the court. (2) For the accounting of a personal representative who has resigned or has been removed, the date the personal representative’s letters are revoked. (3) For a curator who has been replaced by a successor fiduciary, the date of appointment of the successor fiduciary. (b) Notice of Filing. Notice of filing and a copy of any accounting to which this rule applies shall be served on all interested persons. The notice shall state that objections to the accounting must be filed within 30 days from the date of service of notice. (c) Objection. Any interested person may file an objection to any accounting to which this rule applies within 30 days from the date of service of notice on that person. Any objection not filed within 30 days from the date of service shall be deemed abandoned. An objection shall be in writing and shall state with particularity the item or items to which the objection is directed and the grounds upon which the objection is based. (d) Service of Objections. The objecting party shall serve a copy of the objection on the fiduciary filing the accounting and other interested persons. (e) Disposition of Objections and Approval of Accountings. The court shall sustain or overrule any objection filed as provided in this rule. If no

objection is filed, any accounting to which this rule applies shall be deemed approved 30 days from the date of service of the accounting on interested persons. (f) Substantiating Documents. On reasonable written request, the fiduciary shall permit an interested person to examine documents substantiating items in any accounting to which this rule applies. (g) Supplemental Accountings. The court, on its own motion or on that of any interested person, may require a fiduciary who has been replaced by a successor fiduciary to file a supplemental accounting, the beginning date of which shall be the ending date of the accounting as specified in subdivision (a) of this rule and the ending date of which is the date of delivery of all of the estate’s property to the successor fiduciary, or such other date as the court may order. (h) Verification. All accountings shall be verified by the fiduciary filing the accounting. COMMITTEE NOTES The personal representative is required to file a final accounting when administration is complete, unless filing is waived by interested persons. Additionally, a fiduciary of a probate estate may elect, but is not required, to file interim accountings at any time. An accounting is required for resigning or removed fiduciaries. The filing, notice, objection, and approval procedure is similar to that for final accounts. Rule History 1977 Revision: Change in (a) to authorize selection of fiscal year. 1980 Revision: Change in (d) of prior rule to require the notice to state that the basis for an objection is necessary. Change in (e) of prior rule to require any person filing an objection to set forth the basis of such objection. 1984 Revision: Extensive changes. Committee notes revised. 1988 Revision: Citation form change in committee notes. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes.

2002 Revision: Implements procedures for interim accountings and accountings by resigning or removed fiduciaries. Committee notes revised. 2003 Revision: Committee notes revised. 2005 Revision: Verification requirement added as new (h). Committee notes revised. 2016 Revision: Subdivision (f) revised to substitute “documents” for “papers.” Statutory References § 733.3101, Fla. Stat. Personal representative not qualified. § 733.501, Fla. Stat. Curators. § 733.5035, Fla. Stat. Surrender of assets after resignation. § 733.5036, Fla. Stat. Accounting and discharge following resignation. § 733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. § 733.509, Fla. Stat. Surrender of assets upon removal. Ch. 738, Fla. Stat. Principal and income. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.122 Curators. Fla. Prob. R. 5.150 Order requiring accounting. Fla. Prob. R. 5.330 Execution by personal representative. Fla. Prob. R. 5.346 Fiduciary accounting. Fla. Prob. R. 5.430 Resignation of personal representative. Fla. Prob. R. 5.440 Proceedings for removal.

« Pt. II. », « Rule 5.346. » Fla. Prob. R. 5.346

RULE 5.346. FIDUCIARY ACCOUNTING. (a) Contents. A fiduciary accounting, other than a guardian accounting, shall include: (1) all cash and property transactions since the date of the last accounting or, if none, from the commencement of administration, and (2) a schedule of assests at the end of the accounting period. (b) Accounting Standards. The following standards are required for the accounting of all transactions occurring on or after January 1, 1994: (1) Accountings shall be stated in a manner that is understandable to persons who are not familiar with practices and terminology peculiar to the administration of estates and trusts. (2) The accounting shall begin with a concise summary of its purpose and content. (3) The accounting shall contain sufficient information to put interested persons on notice as to all significant transactions affecting administration during the accounting period. (4) The accounting shall contain 2 values in the schedule of assets at the end of the accounting period, the asset acquisition value or carrying value, and estimated current value. (5) Gains and losses incurred during the accounting period shall be shown separately in the same schedule. (6) The accounting shall show significant transactions that do not affect the amount for which the fiduciary is accountable. (c) Accounting Format. A model format for an accounting is attached to these rules as Appendix A. (d) Verification. All accountings shall be verified by the fiduciary filing the accounting. COMMITTEE NOTES

This rule substantially adopts the Uniform Fiduciary Accounting Principles and Model Formats adopted by the Committee on National Fiduciary Accounting Standards of the American Bar Association: Section of Real Property, Probate and Trust Law, the American College of Probate Counsel, the American Bankers Association: Trust Division, and other organizations. Accountings shall also comply with the Florida principal and income law, chapter 738, Florida Statutes. Attached as Appendix B to this rule are an explanation and commentary for each of the foregoing standards, which shall be considered as a Committee Note to this rule. Accountings that substantially conform to the model formats are acceptable. The model accounting format included in Appendix A is only a suggested form. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes throughout. Rule changed to require compliance with the Uniform Fiduciary Accounting Principles and Model Formats for accounting of all transactions occurring on or after January 1, 1994. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Committee notes revised. 1999 Revision: Committee notes revised to correct rule reference and to reflect formatting changes in accounting formats. 2002 Revision: Subdivisions (a) and (b) amended to clarify contents of accounting. Comittee notes revised. 2003 Revision: Committee notes revised. 2005 Revision: Verification requirement added as new (d). Committee notes revised. 2007 Revision: Committee notes revised. 2010 Revision: Committee notes revised. 2016 Revision: Subdivision (a) amended to clarify that this rule does not apply to guardian accounting. Committee notes revised.

Statutory References § 733.501, Fla. Stat. Curators. § 733.5036, Fla. Stat. Accounting and discharge following resignation. § 733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal. § 733.602(1), Fla. Stat. General duties. § 733.612(18), Fla. Stat. Transactions authorized for the personal representative; exceptions. ch. 738, Fla. Stat. Principal and income. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.122 Curators. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.330 Execution by personal representative. Fla. Prob. R. 5.345 Accountings other than personal representatives’ final accountings Fla. Prob. R. 5.400 Distribution and discharge. Fla. Prob. R. 5.430 Resignation of personal representative. Fla. Prob. R. 5.440 Proceedings for removal.

« Pt. II. », « Appx A » Fla. Prob. R., Pt. II, Appx A

APPENDIX A

« Pt. II. », « Appx B » Fla. Prob. R., Pt. II, Appx B

APPENDIX B APPENDIX B UNIFORM FIDUCIARY ACCOUNTING PRINCIPLES I. ACCOUNTS SHOULD BE STATED IN A MANNER THAT IS UNDERSTANDABLE BY PERSONS WHO ARE NOT FAMILIAR WITH PRACTICES AND TERMINOLOGY PECULIAR TO THE ADMINISTRATION OF ESTATES AND TRUSTS. Commentary: In order for an account to fulfill its basic function of communication, it is essential that it be stated in a manner that recognizes that the interested parties are not usually familiar with fiduciary accounts. It is neither practical nor desirable to require that accounts be tailored to meet individual disabilities of particular parties but any account should be capable of being understood by a person of average intelligence, literate in English, and familiar with basic financial terms who has read it with care and attention. Problems arising from terminology or style are usually a reflection of the fact that people who become versed in a particular form of practice tend to forget that terms which are familiar and useful to them may convey nothing to someone else or may even be affirmatively misleading. For example, the terms “debit” and “credit” are generally incomprehensible to people with no knowledge of bookkeeping and many people who are familiar with them in other contexts would assume that in the context of fiduciary accounting, the receipt of an item is a “credit” to the fund rather than a “debit” to the fiduciary. While the need for concise presentation makes a certain amount of abbreviation both acceptable and necessary, uncommon abbreviation of matters essential to an understanding of the account should be avoided or explained. No position is taken for or against the use of direct print-outs from machine accounting systems. The quality of the accounts produced by these systems varies widely in the extent to which they can be understood by

persons who are not familiar with them. To endorse or object to a direct printout because it is produced by machine from previously stored data would miss the essential point by focusing attention upon the manner of preparation rather than the product. II. A FIDUCIARY ACCOUNT SHALL BEGIN WITH A CONCISE SUMMARY OF ITS PURPOSE AND CONTENT. Commentary: Very few people can be expected to pay much attention to a document unless they have some understanding of its general purpose and its significance to them. Even with such an understanding, impressions derived from the first page or two will often determine whether the rest is read. The use that is made of these pages is therefore of particular significance. The cover page should disclose the nature and function of the account. While a complete explanation of the significance of the account and the effect of its presentation upon the rights of the parties is obviously impractical for inclusion at this point, there should be at least a brief statement identifying the fiduciary and the subject matter, noting the importance of examining the account and giving an address where more information can be obtained. It is assumed that the parties would also have enough information from other sources to understand the nature of their relationship to the fund (e.g., residuary legatee, life tenant, remainderman), the function of the account, and the obligation of the fiduciary to supply further relevant information upon request. It is also assumed that notice will be given of any significant procedural considerations such as limitation on the time within which objections must be presented. This would normally be provided by prior or contemporaneous memoranda, correspondence, or discussions. A summary of the account shall also be presented at the outset. This summary, organized as a table of contents, shall indicate the order of the details presented in the account and shall show separate totals for the aggregate of the assets on hand at the beginning of the accounting period; transactions during the period; and the assets remaining on hand at the end of the period. Each entry in the summary shall be supported by a schedule in the account that provides the details on which the summary is based. III. A FIDUCIARY ACCOUNT SHALL CONTAIN SUFFICIENT INFORMATION TO PUT THE INTERESTED PARTIES ON NOTICE AS

TO ALL SIGNIFICANT TRANSACTIONS AFFECTING ADMINISTRATION DURING THE ACCOUNTING PERIOD. Commentary: The presentation of the information account shall allow an interested party to follow the progress of the fiduciary’s administration of assets during the accounting period. An account is not complete if it does not itemize, or make reference to, assets on hand at the beginning of the accounting period. Illustration: 3.1 The first account for a decedent’s estate or a trust may detail the items received by the fiduciary and for which the fiduciary is responsible. It may refer to the total amount of an inventory filed elsewhere or assets described in a schedule attached to a trust agreement. Instead of retyping the complete list of assets in the opening balance, the preparer may prefer to attach as an exhibit a copy of the inventory, closing balance from the last account, etc., as appropriate, or may refer to them if previously provided to the interested parties who will receive it. Transactions shall be described in sufficient detail to give interested parties notice of their purpose and effect. It should be recognized that too much detail may be counterproductive to making the account understandable. In accounts covering long periods or dealing with extensive assets, it is usually desirable to consolidate information. For instance, where income from a number of securities is being accounted for over a long period of time, a statement of the total dividends received on each security with appropriate indication of changes in the number of shares held will be more readily understandable and easier to check for completeness than a chronological listing of all dividends received. Although detail should generally be avoided for routine transactions, it will often be necessary to proper understanding of an event that is somewhat out of the ordinary. Illustrations: 3.2 Extraordinary appraisal costs should be shown separately and explained. 3.3 Interest and penalties in connection with late filing of tax returns

should be shown separately and explained. 3.4 An extraordinary allocation between principal and income such as apportionment of proceeds of property acquired on foreclosure should be separately stated and explained. 3.5 Computation of a formula marital deduction gift involving non-probate assets should be explained. IV. A FIDUCIARY ACCOUNT SHALL CONTAIN TWO VALUES, THE ASSET ACQUISITION VALUE OR CARRYING VALUE, AND CURRENT VALUE. Commentary: In order for transactions to be reported on a consistent basis, an appropriate carrying value for assets must be chosen and employed consistently. The carrying value of an asset should reflect its value at the time it is acquired by the fiduciary (or a predecessor fiduciary). When such a value is not precisely determinable, the figure used should reflect a thoughtful decision by the fiduciary. For assets owned by a decedent, inventory values or estate tax values — generally reflective of date of death — would be appropriate. Assets received in kind by a trustee from a settlor of an intervivos trust should be carried at their value at the time of receipt. For assets purchased during the administration of the fund, cost would normally be used. Use of Federal income tax basis for carrying value is acceptable when basis is reasonably representative of real values at the time of acquisition. Use of tax basis as a carrying value under other circumstances could be affirmatively misleading to beneficiaries and therefore is not appropriate. In the Model Account, carrying value is referred to as “fiduciary acquisition value.” The Model Account establishes the initial carrying value of assets as their value at date of death for inventoried assets, date of receipt for subsequent receipts, and cost for investments. Carrying value would not normally be adjusted for depreciation. Except for adjustments that occur normally under the accounting system in use, carrying values should generally be continued unchanged through successive accounts and assets should not be arbitrarily “written up” or “written down.” In some circumstances, however, with proper disclosure and

explanation, carrying value may be adjusted. Illustrations: 4.1 Carrying values based on date of death may be adjusted to reflect changes on audit of estate or inheritance tax returns. 4.2 Where appropriate under applicable local law, a successor fiduciary may adjust the carrying value of assets to reflect values at the start of that fiduciary’s administration. 4.3 Assets received in kind in satisfaction of a pecuniary legacy should be carried at the value used for purposes of distribution. Though essential for accounting purposes, carrying values are commonly misunderstood by laypersons as being a representation of actual values. To avoid this, the account should include both current values and carrying values. The value of assets at the beginning and ending of each accounting period is necessary information for the evaluation of investment performance. Therefore, the account should show, or make reference to, current values at the start of the period for all assets whose carrying values were established in a prior accounting period. Illustrations: 4.4 The opening balance of the first account of a testamentary trustee will usually contain assets received in kind from the executor. Unless the carrying value was written up at the time of distribution (e.g., 4.2 or 4.3 supra) these assets will be carried at a value established during the executor’s administration. The current value at the beginning of the accounting period should also be shown. 4.5 An executor’s first account will normally carry assets at inventory (date of death) values or costs. No separate listing of current values at the beginning of the accounting period is necessary. Current values should also be shown for all assets on hand at the close of the accounting period. The date on which current values are determined shall be stated and shall be the last day of the accounting period, or a date as close thereto as reasonably possible.

Current values should be shown in a column parallel to the column of carrying values. Both columns should be totalled. In determining current values for assets for which there is no readily ascertainable current value, the source of the value stated in the account shall be explained. The fiduciary shall make a good faith effort to determine realistic values but should not be expected to incur expenses for appraisals or similar costs when there is no reason to expect that the resulting information will be of practical consequence to the administration of the estate or the protection of the interests of the parties. Illustrations: 4.6 When an asset is held under circumstances that make it clear that it will not be sold (e.g., a residence held for use of a beneficiary) the fiduciary’s estimate of value would be acceptable in lieu of an appraisal. 4.7 Considerations such as a pending tax audit or offer of the property for sale may indicate the advisability of not publishing the fiduciary’s best estimate of value. In such circumstances, a statement that value was fixed by some method such as “per company books,” “formula under buy-sell agreement,” or “300% of assessed value” would be acceptable, but the fiduciary would be expected to provide further information to interested parties upon request. V. GAINS AND LOSSES INCURRED DURING THE ACCOUNTING PERIOD SHALL BE SHOWN SEPARATELY IN THE SAME SCHEDULE. Commentary: Each transaction involving the sale or other disposition of securities during the accounting period shall be shown as a separate item in one combined schedule of the account indicating the transaction, date, explanation, and any gain or loss. Although gains and losses from the sale of securities can be shown separately in accounts, the preferred method of presentation is to present this information in a single schedule. Such a presentation provides the most meaningful description of investment performance and will tend to clarify relationships between gains and losses that are deliberately realized at the same time. VI. THE ACCOUNT SHALL SHOW SIGNIFICANT TRANSACTIONS

THAT DO NOT AFFECT THE AMOUNT FOR WHICH THE FIDUCIARY IS ACCOUNTABLE. Commentary: Transactions such as the purchase of an investment, receipt of a stock split, or change of a corporate name do not alter the total fund for which a fiduciary is accountable but must be shown in order to permit analysis and an understanding of the administration of the fund. These can be best shown in information schedules. One schedule should list all investments made during the accounting period. It should include those subsequently sold as well as those still on hand. Frequently the same money will be used for a series of investments. Therefore, the schedule should not be totalled in order to avoid giving an exaggerated idea of the size of the fund. A second schedule (entitled “Changes in Investment Holdings” in the Model Account) should show all transactions affecting a particular security holding, such as purchase of additional shares, partial sales, stocksplits, change of corporate name, divestment distributions, etc. This schedule, similar to a ledger account for each holding, will reconcile opening and closing entries for particular holdings, explain changes in carrying value, and avoid extensive searches through the account for information scattered among other schedules.

« Pt. II. », « Rule 5.350. » Fla. Prob. R. 5.350

RULE 5.350. CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE. (a) Separate Accounts and Reports. In the conduct of an unincorporated business or venture, the personal representative shall keep separate, full, and accurate accounts of all receipts and expenditures and make reports as the court may require. (b) Petition. If the personal representative determines it to be in the best interest of the estate to continue an unincorporated business or venture beyond the time authorized by statute or will, the personal representative shall file a verified petition which shall include: (1) a statement of the nature of that business or venture; (2) a schedule of specific assets and liabilities; (3) the reasons for continuation; (4) the proposed form and times of accounting for that business or venture; (5) the period for which the continuation is requested; and (6) any other information pertinent to the petition. (c) Order. If the continuation is authorized, the order shall state: (1) the period for which that business or venture is to continue; (2) the particular powers of the personal representative in the continuation of that business or venture; and (3) the form and frequency of accounting by that business or venture. (d) Petition by Interested Person. Any interested person, at any time, may petition the court for an order regarding the operation of, accounting for, or termination of an unincorporated business or venture, and the court shall enter an order thereon. COMMITTEE NOTES

Rule History 1975 Revision: New rule. § 733.612. 1984 Revision: Extensive changes in rule and title. Clarifies procedural steps to be taken by a personal representative who determines it to be in the best interest of an estate to continue any unincorporated business beyond the time authorized by statute. Information required to be filed in a verified petition is specified, and normal information to be included in a court order is listed. Other pertinent information under (b)(6) may include provisions for insurance of business or venture, proposed professionals to be used in connection with such activities, how the business or venture shall be managed, the person or persons proposed for managerial positions, a list of all other employees, agents, or independent contractors employed by or affiliated with the business or venture, and proposed compensation for all such management personnel, agents, employees, and independent contractors. Committee notes revised and expanded. 1988 Revision: Editorial change in caption of (b). Committee notes revised. Citation form changes in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2012 Revision: Committee notes revised. Statutory References F.S. 733.612(22), Fla. Stat. Transactions authorized for the personal representative; exceptions. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.380 Execution by personal representative. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.355. » Fla. Prob. R. 5.355

RULE 5.355. PROCEEDINGS FOR REVIEW OF EMPLOYMENT OF AGENTS AND COMPENSATION OF PERSONAL REPRESENTATIVES AND ESTATE EMPLOYEES. After notice to all interested persons and upon petition of an interested person bearing all or a part of the impact of the payment of compensation to the personal representative or any person employed by the personal representative, the propriety of the employment and the reasonableness of the compensation or payment may be reviewed by the court. The petition shall state the grounds on which it is based. The burden of proving the propriety of the employment and the reasonableness of the compensation shall be upon the personal representative and the person employed by the personal representative. Any person who is determined to have received excessive compensation from an estate may be ordered to make appropriate refunds. COMMITTEE NOTES This rule represents a rule implementation of the procedure formerly found in section 733.6175, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Committee notes revised. 2003 Revision: Committee notes revised. 2007 Revision: Committee notes revised. 2012 Revision: Committee notes revised. Statutory References

§ 731.201(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.612(19), Fla. Stat. Transactions authorized for the personal representative; exceptions. § 733.617, Fla. Stat. Compensation of personal representative. § 733.6171, Fla. Stat. Compensation of attorney for the personal representative. § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.360. » Fla. Prob. R. 5.360

RULE 5.360. ELECTIVE SHARE. (a) Election. An election to take the elective share may be filed by the surviving spouse, or on behalf of the surviving spouse by an agent or guardian of the property of the surviving spouse. (1) Election by Surviving Spouse. An electing surviving spouse must file the election within the time required by law and promptly serve a copy of the election on the personal representative in the manner provided for service of formal notice. (2) Election by Agent or Guardian of the Property of Surviving Spouse. (A) Petition for Approval. Before filing the election, the agent or guardian of the property of the surviving spouse must petition the court having jurisdiction of the probate proceeding for approval to make the election. The petition for approval must allege the authority to act on behalf of the surviving spouse and facts supporting the election. (B) Notice of Petition. Upon receipt of the petition, the personal representative must promptly serve a copy of the petition by formal notice on all interested persons. (C) Order Authorizing Election. If the election is approved, the order must include a finding that the election is in the best interests of the surviving spouse during the spouse’s probable lifetime. (D) Filing the Election. Upon entry of an order authorizing the filing of an election, the agent or guardian of the property must file the election within the later of the time provided by law or 30 days from service of the order and promptly serve a copy of the election on the personal representative in the manner provided for service of formal notice. (b) Procedure for Election. (1) Extension. Within the period provided by law to make the election, the surviving spouse or an agent or guardian of the property of the surviving spouse may petition the court for an extension of time for

making an election or for approval to make the election. After notice and hearing the court for good cause shown may extend the time for election. If the court grants the petition for an extension, the election must be filed within the time allowed by the extension. (2) Withdrawal of Election. The surviving spouse, an agent, a guardian of the property of the surviving spouse, or the personal representative of the surviving spouse’s estate may withdraw the election within the time provided by law. (3) Service of Notice. Upon receipt of an election the personal representative must serve a notice of election within 20 days following service of the election, together with a copy of the election, on all interested persons in the manner provided for service of formal notice. The notice of election must indicate the names and addresses of the attorneys for the surviving spouse and the personal representative and must state that: (A) persons receiving a notice of election may be required to contribute toward the satisfaction of the elective share; (B) objections to the election must be served within 20 days after service of the copy of the notice of election; and (C) if no objection to the election is timely served, an order determining the surviving spouse’s entitlement to the elective share may be granted without further notice. (4) Objection to Election. Within 20 days after service of the notice of election, an interested person may serve an objection to the election which must state with particularity the grounds on which the objection is based. The objecting party must serve copies of the objection on the surviving spouse and the personal representative. If an objection is served, the personal representative must promptly serve a copy of the objection on all other interested persons who have not previously been served with a copy of the objection. (c) Determination of Entitlement. (1) No Objection Served. If no objection to the election is timely served, the court must enter an order determining the spouse’s entitlement to the elective share.

(2) Objection Served. If an objection to the election is timely served, the court must determine the surviving spouse’s entitlement to the elective share after notice and hearing. (d) Procedure to Determine Amount of Elective Share and Contribution. (1) Petition by Personal Representative. After entry of the order determining the surviving spouse’s entitlement to the elective share, the personal representative must file and serve a petition to determine the amount of the elective share. The petition must: (A) give the name and address of each direct recipient known to the personal representative; (B) describe the proposed distribution of assets to satisfy the elective share, and the time and manner of distribution; and (C) identify those direct recipients, if any, from whom a specified contribution will be required and state the amount of contribution sought from each. (2) Service of Inventory. The inventory of the elective estate required by rule 5.340, together with the petition, must be served within 60 days after entry of the order determining entitlement to the elective share on all interested persons in the manner provided for service of formal notice. (3) Petition by Spouse. If the personal representative does not file the petition to determine the amount of the elective share within 90 days from rendition of the order of entitlement, the electing spouse or the agent or the guardian of the property or personal representative of the electing spouse may file the petition specifying as particularly as is known the value of the elective share. (4) Objection to Amount of Elective Share. Within 20 days after service of the petition to determine the amount of the elective share, an interested person may serve an objection to the amount of or distribution of assets to satisfy the elective share. The objection must state with particularity the grounds on which the objection is based. The objecting party must serve copies of the objection on the surviving spouse and the personal representative. If an objection is served, the personal representative must promptly serve a copy of the objection on all interested

persons who have not previously been served. (5) Determination of Amount of Elective Share and Contribution. (A) No Objection Served. If no objection is timely served to the petition to determine the amount of the elective share, the court must enter an order on the petition. (B) Objection Served. If an objection is timely served to the petition to determine the amount of the elective share, the court must determine the amount of the elective share and contribution after notice and hearing. (6) Order Determining Amount of Elective Share and Contribution. The order must: (A) set forth the amount of the elective share; (B) identify the assets to be distributed to the surviving spouse in satisfaction of the elective share; and (C) if contribution is necessary, specify the amount of contribution for which each direct recipient is liable. (e) Relief from Duty to Enforce Contribution. A petition to relieve the personal representative from the duty to enforce contribution must state the grounds on which it is based and notice must be served on interested persons. COMMITTEE NOTES The extensive rewrite of this rule in 2001 is intended to conform it with and provide procedures to accommodate amendments to Florida’s elective share statutes. Sections 732.201 et seq., Florida Statues. Proceedings to determine entitlement to elective share are not specific adversary proceedings under rule 5.025(a), but may be declared adversary at the option of the party. Proceedings to determine the amount of elective share and contribution are specific adversary proceedings under rule 5.025(a). Requirements for service are intended to be consistent with the requirements for formal notice. Rule 5.040. Service of process may be required to obtain personal jurisdiction over direct recipients who are not otherwise interested persons and who have not voluntarily submitted themselves to the jurisdiction of the court. Rule 5.040(a)(3)(C); chapter 48, Florida Statues, Process and Service of Process; chapter 49, Florida Statues, Constructive Service of Process. An inventory of

the elective estate should be afforded the same confidentiality as other estate inventories. Section 733.604(1) and (2), Florida Statues. In fulfilling his or her obligations under this rule, a personal representative is not required to make impractical or extended searches for property entering into the elective estate and the identities of direct recipients. Pre-existing rights to dower and curtesy formerly addressed in subdivision (e) of this rule are now governed by new rule 5.365. Counsel’s attention is directed to Florida Ethics Opinion 76-16, dated April 4, 1977, for guidance regarding the duties of an attorney with respect to spousal rights. Rule History 1984 Revision: Extensive changes. Clarifies information to be included in a petition for elective share filed by a personal representative and specifies information to be included in an order determining elective share. Committee notes revised and expanded. 1988 Revision: Extensive changes. A new procedure has been added providing for optional service of a notice of election together with a copy of the election and a procedure to expose objections to and determine right to entitlement, separate from the pre-existing procedure of determination of amount and setting aside. Subdivisions (c) and (d) represent rule implementation of procedure in statute. Committee notes revised and expanded. Citation form changes in committee notes. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 2001 Revision: Entire rule rewritten. Committee notes revised. 2003 Revision: Committee notes revised. 2005 Revision: Subdivision (a) amended to require service in the manner of formal notice of the notice of election. Subdivision (b)(3) amended to provide time period for personal representative to service notice of election on interested persons, and title revised. Subdivision (d)(2) amended to provide time limit and service requirement for elective estate inventory and petition for determination of amount of elective share. Committee notes revised.

2010 Cycle Report Revision: Committee notes revised. 2010 Out-of-Cycle Report Revision: Subdivision (a)(2) amended to conform to an amendment to section 732.2125, Florida Statutes. 2012 Revision: Committee notes revised. 2019 Revision: Subdivisions (a), (a)(2), (a)(2)(A), (a)(2)(D), (b)(1), (b)(2), and (d)(3) amended to change “attorney-in-fact” to “agent” to be consistent with chapter 709, Florida Statutes. Committee note revised. Statutory References § 732.201, Fla. Stat. Right to elective share. § 732.2025, Fla. Stat. Definitions. § 732.2035, Fla. Stat. Property entering into elective estate. § 732.2045, Fla. Stat. Exclusions and overlapping application. § 732.2055, Fla. Stat. Valuation of the elective estate. § 732.2065, Fla. Stat. Amount of the elective share. § 732.2075, Fla. Stat. Sources from which elective share payable; abatement. § 732.2085, Fla. Stat. Liability of direct recipients and beneficiaries. § 732.2095, Fla. Stat. Valuation of property used to satisfy elective share. § 732.2125, Fla. Stat. Right of election; by whom exercisable. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.2145, Fla. Stat. Order of contribution; personal representative’s duty to collect contribution. § 733.604, Fla. Stat. Inventories and accountings; public records exemptions. Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.340 Inventory. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. App. P. 9.020(h)[i] Definitions.

« Pt. II. », « Rule 5.365. » Fla. Prob. R. 5.365

RULE 5.365. PETITION FOR DOWER. A widow may file an extraordinary petition for assignment of dower. The petition shall be filed in the court of each county where the widow’s husband had conveyed land in which the widow had not relinquished her right of dower before October 1, 1973. Formal notice shall be served on persons adversely affected. The proceedings shall be as similar as possible to those formerly existing for the ordinary assignment of dower. COMMITTEE NOTES Rule History 2001 Revision: Derived from former rule 5.360(e). Statutory Reference § 732.111, Fla. Stat. Dower and curtesy abolished.

« Pt. II. », « Rule 5.370. » Fla. Prob. R. 5.370

RULE 5.370. SALES OF REAL PROPERTY WHERE NO POWER CONFERRED. (a) Petition. When authorization or confirmation of the sale of real property is required, the personal representative shall file a verified petition setting forth the reasons for the sale, a description of the real property sold or proposed to be sold, and the price and terms of the sale. (b) Order. If the sale is authorized or confirmed, the order shall describe the real property. An order authorizing a sale may provide for the public or private sale of the real property described therein, in parcels or as a whole. An order authorizing a private sale shall specify the price and terms of the sale. An order authorizing a public sale shall specify the type of notice of sale to be given by the personal representative. COMMITTEE NOTES Petitions under the rule are governed by section 733.610, Florida Statutes, under which sales are voidable by interested persons if there was a conflict of interest without full disclosure and consent, unless the will or contract entered into by the decedent authorized the transaction or it was approved by the court after notice to all interested persons, and by section 733.609, Florida Statutes, involving bad faith actions by the personal representative. Note provisions for attorney’s fees. Rule History 1984 Revision: Extensive changes. Notice of hearing on any petition concerning sale of real property is required by statute unless waived. The requirement to record a certified copy of the order approving sale of real estate in each county where the real property or any part thereof is situated has been deleted. Committee notes revised and expanded. 1988 Revision: Committee notes expanded. Citation form changes in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes.

1996 Revision: Editorial changes. 2012 Revision: Committee notes revised. Statutory References § 733.609, Fla. Stat. Improper exercise of power; breach of fiduciary duty. § 733.610, Fla. Stat. Sale, encumbrance or transaction involving conflict of interest. § 733.613(1), Fla. Stat. Personal representative’s right to sell real property. § 733.810, Fla. Stat. Distribution in kind; valuation. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.180 Waiver and consent. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.380. » Fla. Prob. R. 5.380

RULE 5.380. COMPULSORY PAYMENT DISTRIBUTIVE INTERESTS.

OF

DEVISES

OR

(a) Petition. A beneficiary may file a petition setting forth the facts that entitle the beneficiary to compel payment of devises or distributive interests stating that the property will not be required for the payment of debts, family allowance, spouse’s elective share, estate and inheritance taxes, claims, charges, and expenses of administration, or for providing funds for contribution or enforcing equalization in case of advancements. (b) Order. If the court finds that the property will not be required for the purposes set forth in subdivision (a), it may enter an order describing the property to be surrendered or delivered and compelling the personal representative, prior to the final settlement of the personal representative’s accounts, to do one or more of the following: (1) Pay all or any part of a devise in money. (2) Deliver specific personal representative’s custody and control.

property

within

the

personal

(3) Pay all or any part of a distributive interest in the personal estate of a decedent. (4) Surrender real property. (c) Bond. Before the entry of an order of partial distribution, the court may require the person entitled to distribution to give a bond with sureties as prescribed by law. COMMITTEE NOTES Rule History 1984 Revision: Extensive changes. Committee notes revised. 1988 Revision: Editorial change in caption of (a). Citation form change in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form

changes in committee notes. 2003 Revision: Committee notes revised. 2012 Revision: Committee notes revised. Statutory References § 731.301, Fla. Stat. Notice. § 733.802, Fla. Stat. Proceedings for compulsory payment of devises or distributive interest. Rule References Fla. Prob. R. 5.020 Pleadings verification: motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.385. » Fla. Prob. R. 5.385

RULE 5.385. SHARES.

DETERMINATION

OF

BENEFICIARIES

AND

(a) Beneficiaries and Shares. If a personal representative or other interested person is in doubt or is unable to determine with certainty beneficiaries entitled to an estate or the shares of any beneficiary of an estate, or a beneficiary entitled to any asset or interest in an estate, the personal representative or other interested person may petition the court to determine beneficiaries. (b) Petition. The petition shall include: (1) the names, residences, and post office addresses of all persons who may have an interest, except creditors of the decedent, known to the petitioner or ascertainable by diligent search and inquiry; (2) a statement of the nature of the interest of each person; (3) designation of any person believed to be a minor or incapacitated, and whether any person so designated is under legal guardianship in this state; (4) a statement as to whether petitioner believes that there are, or may be, persons whose names are not known to petitioner who have claims against, or interest in, the estate as beneficiaries. (c) Order. After formal notice and hearing, the court shall enter an order determining the beneficiaries or the shares and amounts they are entitled to receive, or both. COMMITTEE NOTES This rule represents a rule implementation of the procedure formerly found in section 733.105, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. Rule History

1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Subdivision (c) added to implement procedure formerly found in section 733.105(2), Florida Statutes. Committee notes revised. 2003 Revision: Change in subdivision (c) to replace “heirs or devisees” with “beneficiaries” to incorporate term used in section 733.105, Florida Statutes. Committee notes revised. 2007 Revision: Committee notes revised. 2012 Revision: Committee notes revised. 2014 Revision: Fla. R. Gen. Prac. & Jud. Admin. 2.425(b)(6) provides an exception for the full name of any minor “in any document or order affecting minor’s ownership of real property.” Committee notes revised. Statutory References ch. 49, Fla. Stat. Constructive service of process. § 731.201(2), (23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.105, Fla. Stat. Determination of beneficiaries. Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.120 Administrator ad litem and guardian ad litem. Fla. Prob. R. 5.205(a)(5) Filing evidence of death. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.

« Pt. II. », « Rule 5.386. » Fla. Prob. R. 5.386

RULE 5.386. ESCHEAT. (a) Escheat proceeding. If it appears to the personal representative that an estate may escheat or there is doubt about the existence of any person entitled to the estate, the personal representative shall institute a proceeding to determine beneficiaries within 1 year after letters have been issued to the personal representative, and notice shall be served on the Department of Legal Affairs. If the personal representative fails to institute the proceeding within the time fixed, it may be instituted by the Department of Legal Affairs. (b) Court’s Report. On or before January 15 of each year, each court shall furnish to the Department of Legal Affairs a list of all estates being administered in which no person appears to be entitled to the property and the personal representative has not instituted a proceeding for the determination of beneficiaries. (c) Administration. Except as herein provided, escheated estates shall be administered as other estates. COMMITTEE NOTES This rule represents a rule implementation of the procedure formerly found in section 732.107, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2012 Revision: Committee notes revised. Statutory References

§ 732.107, Fla. Stat. Escheat. § 732.401, Fla. Stat. Descent of homestead. § 733.105, Fla. Stat. Determination of beneficiaries. § 733.816, Fla. Stat. Disposition of unclaimed property held by personal representatives. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.385 Determination of beneficiaries and shares. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.395. » Fla. Prob. R. 5.395

RULE 5.395. NOTICE OF FEDERAL ESTATE TAX RETURN. When a federal estate tax return is filed, required to be filed, or will be filed, the personal representative shall file a notice stating the due date of the return. The notice shall be filed within 12 months from the date letters are issued and copies of the notice shall be served on interested persons. Whenever the due date is subsequently extended, similar notice shall be filed and served. COMMITTEE NOTES The purpose of the rule is to require notification to the court and all interested persons that the time for closing the estate is extended when a federal estate tax return is required. Rule History 1984 Revision: New rule. 1988 Revision: Citation form change in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2013 Revision: Clarifies the available option to file a federal tax return even if one is not required by state or federal rule or law. Rule Reference Fla. Prob. R. 5.400 Distribution and discharge.

« Pt. II. », « Rule 5.400. » Fla. Prob. R. 5.400

RULE 5.400. DISTRIBUTION AND DISCHARGE. (a) Petition for Discharge; Final Accounting. A personal representative who has completed administration except for distribution shall file a final accounting and a petition for discharge including a plan of distribution. (b) Contents. The petition for discharge shall contain a statement: (1) that the personal representative has fully administered the estate; (2) that all claims which were presented have been paid, settled, or otherwise disposed of; (3) that the personal representative has paid or made provision for taxes and expenses of administration; (4) showing the amount of compensation paid or to be paid to the personal representative, attorneys, accountants, appraisers, or other agents employed by the personal representative and the manner of determining that compensation; (5) showing a plan of distribution which shall include: (A) a schedule of all prior distributions; (B) the property remaining in the hands of the personal representative for distribution; (C) a schedule describing the proposed distribution of the remaining assets; and (D) the amount of funds retained by the personal representative to pay expenses that are incurred in the distribution of the remaining assets and termination of the estate administration; (6) that any objections to the accounting, the compensation paid or proposed to be paid, or the proposed distribution of assets must be filed within 30 days from the date of service of the last of the petition for discharge or final accounting; and also that within 90 days after filing of the objection, a notice of hearing thereon must be served or the objection is abandoned; and

(7) that objections, if any, shall be in writing and shall state with particularity the item or items to which the objection is directed and the grounds on which the objection is based. (c) Closing Estate; Extension. The final accounting and petition for discharge shall be filed and served on interested persons within 12 months after issuance of letters for an estate not filing a federal estate tax return, otherwise within 12 months from the date the return is due, unless the time is extended by the court for cause shown after notice to interested persons. The petition to extend time shall state the status of the estate and the reason for the extension. (d) Distribution. The personal representative shall promptly distribute the estate property in accordance with the plan of distribution, unless objections are filed as provided in these rules. (e) Discharge. On receipt of evidence that the estate has been fully administered and properly distributed, the court shall enter an order discharging the personal representative and releasing the surety on any bond. COMMITTEE NOTES The rule establishes a procedure for giving notice and serving the final accounting, petition for discharge, and plan of distribution to all interested persons prior to distribution and discharge. No distinction is made in plans of distribution which distribute estate property in kind among multiple residual beneficiaries proportionate to their respective interests and those which include equalizing adjustments in cash or property and which do not make prorated distribution. If disclosure of the compensation or disclosure of the manner of determining the compensation, in the petition for discharge is to be waived, the form of waiver must conform to rule 5.180(b). Rule History 1980 Revision: Change in prior (a)(6) to require that an objection set forth the basis on which it is being made. 1984 Revision: This rule has been substantially revised. Portions of the prior rule are now incorporated in rules 5.400 and 5.401. The committee has included the procedure for filing and serving of objections to the final accounting, petition for discharge, plan of distribution, or compensation in

rule 5.401. 1988 Revision: Subdivision (b)(1) is deleted to avoid duplication with rule 5.346. Subdivision (c) is amended to add the 12-month time specification of section 733.901(1), Florida Statutes. Committee notes revised. Citation form changes in committee notes. 1992 Revision: Subdivision (b)(5)(D) is added. Editorial changes. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Addition in (a)(4) of specific attorney fee compensation disclosure requirements found in 733.6171(9), Florida Statutes, and expanded to cover all compensation. Committee notes revised. 2003 Revision: Committee notes revised. 2005 Revision: Subdivision (f) deleted to avoid duplication with rule 5.180. 2006 Revision: Committee notes revised. 2007 Revision: Committee notes revised. 2012 Revision: Committee notes revised. 2013 Revision: Clarifies the available option to file a federal tax return even if one is not required by state or federal rule or law. Statutory References § 731.201(12), (23), Fla. Stat. General definitions. § 731.302, Fla. Stat. Waiver and consent by interested persons. § 733.809, Fla. Stat. Right of retainer. § 733.810, Fla. Stat. Distribution in kind; valuation, § 733.811, Fla. Stat. Distribution; right or title of distributee. § 733.812, Fla. Stat. Improper distribution or payment; liability of distributee or payee. § 733.901, Fla. Stat. Final discharge. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.330 Execution by personal representative. Fla. Prob. R. 5.346 Fiduciary accounting. Fla. Prob. R. 5.401 Objections to petition for discharge or final accounting. Fla. R. Gen. Prac. & Jud. Admin. 2.250(a)(1)(D) Time standards for trial and appellate courts and reporting requirements. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.401. » Fla. Prob. R. 5.401

RULE 5.401. OBJECTIONS TO PETITION FOR DISCHARGE OR FINAL ACCOUNTING. (a) Objections. An interested person may object to the petition for discharge or final accounting within 30 days after the service of the later of the petition or final accounting on that interested person. (b) Contents. Written objections to the petition for discharge or final accounting must state with particularity the items to which the objections are directed and must state the grounds on which the objections are based. (c) Service. Copies of the objections shall be served by the objector on the personal representative and interested persons not later than 30 days after the last date on which the petition for discharge or final accounting was served on the objector. (d) Hearing on Objections. Any interested person may set a hearing on the objections. Notice of the hearing shall be given to all interested persons. If a notice of hearing on the objections is not served within 90 days of filing of the objections, the objections shall be deemed abandoned and the personal representative may make distribution as set forth in the plan of distribution. (e) Order on Objections. The court shall sustain or overrule any objections to the petition for discharge and final accounting and shall determine a plan of distribution. (f) Discharge. On receipt of evidence that the estate has been distributed according to the plan determined by the court and the claims of creditors have been paid or otherwise disposed of, the court shall enter an order discharging the personal representative and releasing the surety on any bond. COMMITTEE NOTES Rule History 1984 Revision: New rule. Objections to the petition for discharge or final accounting were formerly under prior rule 5.400. Clarifies procedure for objections.

1988 Revision: Editorial changes in (a). Committee notes revised. Citation form changes in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (d) amended to clarify that 90-day period pertains to service of hearing notice, not the actual hearing date. 2003 Revision: Committee notes revised. 2007 Revision: Committee notes revised. 2012 Revision: Committee notes revised. Statutory References § 731.201(12), (23), Fla. Stat. General definitions. § 733.6175, Fla. Stat. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. § 733.901, Fla. Stat. Final discharge. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.400 Distribution and discharge. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.402. » Fla. Prob. R. 5.402

RULE 5.402. NOTICE OF LIEN ON PROTECTED HOMESTEAD. (a) Filing. If the personal representative has recorded a notice of lien on protected homestead, the personal representative shall file a copy of the recorded notice in the probate proceeding. (b) Contents. The notice of lien shall contain: (1) the name and address of the personal representative and the personal representative’s attorney; (2) the legal description of the real property; (3) to the extent known, the name and address of each person appearing to have an interest in the property; and (4) a statement that the personal representative has expended or is obligated to expend funds to preserve, maintain, insure, or protect the property and that the lien stands as security for recovery of those expenditures and obligations incurred, including fees and costs. (c) Service. A copy of the recorded notice of lien shall be served on interested persons in the manner provided for service of formal notice. COMMITTEE NOTES Rule History 2005 Revision: New rule. 2012 Revision: Committee notes revised. Statutory References § 733.608, Fla. Stat. General power of the personal representative. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.403 Proceedings to determine amount of lien on protected

homestead. Fla. Prob. R. 5.404 Notice of taking possession of protected homestead. Fla. Prob. R. 5.405 Proceedings to determine protected homestead status of real property. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.403. » Fla. Prob. R. 5.403

RULE 5.403. PROCEEDINGS TO DETERMINE AMOUNT OF LIEN ON PROTECTED HOMESTEAD. (a) Petition. A personal representative or interested person may file a petition to determine the amount of any lien on protected homestead. (b) Contents. The petition shall be verified by the petitioner and shall state: (1) the name and address of the personal representative and the personal representative’s attorney; (2) the interest of the petitioner; (3) the legal description of the real property; (4) to the extent known, the name and address of each person appearing to have an interest in the property; and (5) to the extent known, the amounts paid or obligated to be paid by the personal representative to preserve, maintain, insure, or protect the protected homestead, including fees and costs. (c) Service. The petition shall be served on interested persons by formal notice. COMMITTEE NOTES Rule History 2005 Revision: New rule. 2012 Revision: Committee notes revised. Statutory References § 733.608, Fla. Stat. General power of the personal representative. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.402 Notice of lien on protected homestead. Fla. Prob. R. 5.404 Notice of taking possession of protected homestead. Fla. Prob. R. 5.405 Proceedings to determine protected homestead status of real property. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.404. » Fla. Prob. R. 5.404

RULE 5.404. NOTICE OF TAKING POSSESSION OF PROTECTED HOMESTEAD. (a) Filing of Notice. If a personal representative takes possession of what appears reasonably to be protected homestead pending a determination of its homestead status, the personal representative shall file a notice of that act. (b) Contents of Notice. The notice shall contain: (1) a legal description of the property; (2) a statement of the limited purpose for preserving, insuring, and protecting it for the heirs or devisees pending a determination of the homestead status; (3) the name and address of the personal representative and the personal representative’s attorney; (4) if the personal representative is in possession when the notice is filed, the date the personal representative took possession. (c) Service of Notice. The notice shall be served in the manner provided for service of formal notice on interested persons and on any person in actual possession of the property. COMMITTEE NOTES Rule History 2002 Revision: New rule. 2005 Revision: Term “devisees” substituted for “beneficiaries” in subdivision (b)(2) to clarify the status of persons interested in protected homestead. Committee notes revised. 2013 Revision: Deletes subdivision (b)(4) because the required information is not appropriate for a Notice of Taking possession, nor does it comply with the Americans with Disabilities Act requirements. Statutory References

§ 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. Devise of homestead. § 733.608(2), Fla. Stat. General power of the personal representative. Rule References Fla. Prob. R. 5.402 Notice of lien on protected homestead. Fla. Prob. R. 5.403 Proceedings to determine amount of lien on protected homestead. Fla. Prob. R. 5.405 Proceedings to determine protected homestead status of real property.

« Pt. II. », « Rule 5.405. » Fla. Prob. R. 5.405

RULE 5.405. PROCEEDINGS TO DETERMINE PROTECTED HOMESTEAD REAL PROPERTY. (a) Petition. An interested person may file a petition to determine the protected homestead status of real property owned by the decedent or owned by the trustee of a trust described in section 733.707(3), Florida Statutes, of which the deceased settlor was treated as the owner of the real property pursuant to section 732.4015, Florida Statutes. (b) Contents. The petition shall be verified by the petitioner and shall state: (1) the date of the decedent’s death; (2) the county of the decedent’s domicile at the time of death; (3) the name of the decedent’s surviving spouse and the names of surviving descendants, and a statement as to whether the decedent had any minor children as of the date of death. If so, they should be identified with name and year of birth; (4) a legal description of the property owned by the decedent on which the decedent resided; and (5) how the real property was owned at the time of the decedent’s death; and (6) any other facts in support of the petition. (c) Order. The court’s order on the petition shall describe the real property and determine whether any of the real property constituted the protected homestead of the decedent. If the court determines that any of the real property was the protected homestead of the decedent, the order shall identify by name the person or persons entitled to the protected homestead real property and define the interest of each. COMMITTEE NOTES This rule establishes the procedure by which the personal representative or any interested person may petition the court for a determination that certain

real property constituted the decedent’s homestead property, in accordance with article X, section 4 of the Florida Constitution. The jurisdiction of the court to determine constitutional homestead property was established by In re Noble’s Estate, 73 So. 2d 873 (Fla. 1954). Rule History 1984 Revision: New rule. 1988 Revision: Editorial change in (a). Subdivision (b)(4) amended to conform to constitutional change. Committee notes revised. Citation form change in committee notes. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 1996 Revision: Subdivision (c) amended to require description of real property that is the subject of the petition, description of any homestead property, and definition of specific interests of persons entitled to homestead real property. 2002 Revision: Replaces “homestead” with “protected homestead” throughout to conform to addition of term in section 731.201(29), Florida Statutes. Committee notes revised. 2003 Revision: Committee notes revised. 2007 Revision: Committee notes revised. 2010 Revision: Committee notes revised. 2012 Revision: Committee notes revised. 2014 Revision: Amends subdivisions (b)(3) and (c) to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised. 2021 Revision: Amends subdivisions (a) and (b)(5) to include real property owned by a trust. Committee notes revised. Constitutional Reference Art. X, 4, Fla. Const. Statutory References § 731.104, Fla. Stat. Verification of documents.

§ 731.201 (33), Fla. Stat. General definitions. § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. Devise of homestead. § 733.607, Fla. Stat. Possession of estate. § 733.608, Fla. Stat. General power of the personal representative. § 733.707(3), Fla. Stat. Order of payment of expenses and obligations. § 736.0201(7), Fla. Stat. Role of court in trust proceedings. § 736.1109, Fla. Stat. Testamentary and revocable trusts; homestead protections. § 736.151, Fla. Stat. Homestead property. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.205(a)(6) Filing evidence of death. Fla. Prob. R. 5.340 Inventory. Fla. Prob. R. 5.404 Notice of taking possession of protected homestead. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.

« Pt. II. », « Rule 5.406. » Fla. Prob. R. 5.406

RULE 5.406. PROCEEDINGS PROPERTY.

TO

DETERMINE

EXEMPT

(a) Petition. An interested person may file a petition to determine exempt property within the time allowed by law. (b) Contents. The petition shall be verified by the petitioner and shall: (1) describe the property and the basis on which it is claimed as exempt property; and (2) state the name and address of the decedent’s surviving spouse or, if none, the names and addresses of decedent’s children entitled by law to the exempt property and the year of birth of those who are minors. (c) Order. The court shall determine each item of exempt property and its value, if necessary to determine its exempt status, and order the surrender of that property to the persons entitled to it. COMMITTEE NOTES This rule establishes the procedure by which the personal representative or any interested person may petition the court for determination of exempt property in accordance with article X, section 4 of the Florida Constitution and section 732.402, Florida Statutes. Section 732.402, Florida Statutes, specifies the time within which the petition to determine exempt property must be filed within 4 months after the date of service of the notice of administration, unless extended as provided in the statute. Rule History 1984 Revision: New rule. 1988 Revision: Subdivision (a) revised to reflect editorial changes and to require verification. Subdivision (b)(1) revised to require the basis for asserting exempt property status. Subdivision (b)(2) added the requirement of stating addresses of those entitled to exempt property. Subdivision (c) revised to reflect editorial changes and to require determination of the value of each

item of exempt property. Committee notes revised. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 1996 Revision: Editorial changes in rule to conform to similar language in rule 5.405. Committee notes revised. 2003 Revision: Committee notes revised. 2010 Revision: Subdivision (c) amended to limit the instances in which the value of the property claimed as exempt needs to be stated in the order. 2012 Revision: Committee notes revised. 2014 Revision: Subdivision (b)(2) amended to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425 and provide the year of birth of a minor. Committee notes revised. Statutory References § 731.104, Fla. Stat. Verification of documents. § 732.402, Fla. Stat. Exempt property. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.042 Time. Fla. Prob. R. administration.

5.420

Disposition

of

personal

property

without

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.

« Pt. II. », « Rule 5.407. » Fla. Prob. R. 5.407

RULE 5.407. PROCEEDINGS ALLOWANCE.

TO

DETERMINE

FAMILY

(a) Petition. An interested person may file a petition to determine family allowance. (b) Contents. The petition shall be verified by the petitioner and shall: (1) state the names and addresses of the decedent’s surviving spouse and the decedent’s adult lineal heirs and the initials, address, and year of birth of the decedents’ lineal heirs who are minors and who were being supported by the decedent or who were entitled to be supported by the decedent at the time of the decedent’s death; and (2) for each person for whom an allowance is sought, state the adult person’s name, or minor child’s initials, and relationship to the decedent, the basis on which the allowance is claimed, and the amount sought. (c) Order. The order shall identify each adult person’s name and each minor child’s initials entitled to the allowance, the amount to which each is entitled, the method of payment, and to whom payment should be made. COMMITTEE NOTES Rule History 2003 Revision: New rule. 2012 Revision: Editorial change in (b)(1) for gender neutrality. Committee notes revised. 2014 Revision: Subdivisions (b)(1) and (b)(2) are amended to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised. 2019 Revision: Subdivision (c) is revised to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised. Statutory References § 731.104, Fla. Stat. Verification of documents.

§ 732.403, Fla. Stat. Family allowance. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.

« Pt. II. », « Rule 5.420. » Fla. Prob. R. 5.420

RULE 5.420. DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION. (a) Application. An interested person may request a disposition of the decedent’s personal property without administration. An application signed by the applicant shall set forth: (1) the description and value of the exempt property; (2) the description and value of the other assets of the decedent; (3) the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses for the last 60 days of the last illness together with accompanying statements or payment receipts; and (4) each requested payment or distribution of personal property. (b) Exempt Property. If the decedent’s personal property includes exempt property, or property that can be determined to be exempt property, the application must also be signed by all persons entitled to the exempt property or by their representative. (c) Preparation. On request, the clerk shall assist the applicant in the preparation of the required writing. (d) Disposition. If the court is satisfied that disposition without administration is appropriate, the court may, without hearing, by letter or other writing authorize the payment, transfer, or disposition of the decedent’s personal property to those persons entitled to it. COMMITTEE NOTES Section 732.402, Florida Statutes, requires persons entitled to exempt property, which excludes property specifically or demonstratively devised, to file timely a petition to determine exempt property. Accordingly, disposition of personal property under this rule should not be granted if decedent’s personal property includes exempt property without all persons entitled thereto agreeing to such disposition. Rule History

1977 Revision: Permits the clerk to perform limited ministerial acts in the completion of the application. 1984 Revision: Editorial changes. Delineates the required contents of the application. Committee notes revised. 1988 Revision: Subparagraph (a)(3) changed to require applicant to attach accompanying statements or payment receipts regarding priority expenses. Subdivision (b) added to require persons entitled to exempt property to agree to the proposed disposition. Committee notes expanded. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 732.402, Fla. Stat. Exempt property. § 735.301, Fla. Stat. Disposition without administration. Rule Reference Fla. Prob. R. 5.205(a)(4) Filing evidence of death.

« Pt. II. », « Rule 5.425. » Fla. Prob. R. 5.425

RULE 5.425. DISPOSITION WITHOUT ADMINISTRATION OF INTESTATE PERSONAL PROPERTY IN SMALL ESTATES. (a) Administration Not Required. No administration shall be required or formal proceedings instituted upon the estate of a decedent who: (1) died intestate; (2) leaves only: (A) personal property exempt under the provisions of section 732.402, Florida Statutes, (B) personal property exempt from the claims of creditors under the Florida Constitution, and (C) non-exempt personal property the value of which does not exceed the sum of $10,000 and the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness; (3) has been deceased for more than 1 year; and (4) no administration of the decedent’s estate is pending in this state. (b) Affidavit. Any heir at law of the decedent entitled to a share of the intestate estate pursuant to section 732.102 or section 732.103, Florida Statutes, may by affidavit request distribution of assets of the decedent by affidavit. The affidavit must be signed and verified by the surviving spouse, if any, and any heirs at law, except that joinder in the affidavit is not required of an heir at law who will receive a full intestate share under the proposed distribution of the personal property. The affidavit shall contain: (1) a statement that the decedent died intestate, and that after the exercise of reasonable diligence, the person signing the affidavit is unaware of any unrevoked wills or codicils; (2) a statement that the decedent has been deceased for more than 1 year; (3) a statement that the decedent died leaving only personal property

exempt under the provisions of section 732.402, Florida Statutes, personal property exempt from the claims of creditors under the Florida Constitution, and non-exempt personal property the value of which does not exceed the sum of $10,000; (4) a description of all assets subject to distribution without administration and their values; (5) a statement setting forth the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness; (6) a statement that no administration of the decedent’s estate is pending in this state; (7) a statement of the relationship of each person signing the affidavit to the decedent, and each person’s name and address; (8) the name and last known address of the decedent, last 4 digits of the decedent’s social security number, date and place of death of the decedent, and state and county of decedent’s domicile; (9) so far as is known, the names and addresses of the surviving spouse, if any, and the heirs of the decedent, and their relationship to the decedent and the year of birth of any who are minors; (10) a statement either: (A) that all claims against the decedent’s estate are barred; or (B) that a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors has been made and one of the following: (i) a statement that the estate is not indebted; (ii) the name and address of each creditor, the nature of the debt, the amount of the debt and whether the amount is estimated or exact, and when the debt is due. If provision for payment has been made other than for full payment in the proposed distribution schedule, the following information must be shown: (a) the name of the person who will pay the debt,

(b) the creditor’s written consent for substitution or assumption of the debt by another person, (c) the amount to be paid if the debt has been compromised, and (d) the terms for payment and any limitations on the liability of the person paying the debt; and (11) a schedule of proposed distribution of all intestate personal property. (c) Service. The affidavit must be served in the manner of formal notice upon (1) all heirs at law who have not joined in the affidavit; (2) all known or reasonably ascertainable creditors of the decedent; and (3) if at the time of death the decedent was over the age of 55 years, upon the Agency for Health Care Administration. (d) Writing Under Seal of Court. If the court determines that section 735.304(1) is applicable and the affidavit filed by the heir at law meets the requirements of section 735.304(2), the court, by letter or other writing under the seal of the court, must authorize the payment, transfer, disposition, delivery, or assignment of the tangible or intangible personal property to those persons entitled. COMMITTEE NOTES Section 732.402, Florida Statutes, requires persons entitled to exempt property, which excludes property specifically or demonstratively devised, to file timely a petition to determine exempt property. Accordingly, disposition of personal property under this rule should not be granted if decedent’s personal property includes exempt property without all persons entitled thereto agreeing to such disposition. Rule History 2020 Adoption: New rule based upon Chapter 2020-110, Laws of Florida. Statutory References § 735.304, Fla. Stat. Disposition without administration of intestate

property in small estates.

« Pt. II. », « Rule 5.430. » Fla. Prob. R. 5.430

RULE 5.430. RESIGNATION OF PERSONAL REPRESENTATIVE. (a) Resignation. A personal representative may resign with court approval. (b) Petition for Resignation. The personal representative seeking to resign shall file a petition for resignation. The petition shall be verified and shall state: (1) the personal representative desires to resign and be relieved of all powers, duties, and obligations as personal representative; (2) the status of the estate administration and that the interests of the estate will not be jeopardized if the resignation is accepted; (3) whether a proceeding for accounting, surcharge, or indemnification or other proceeding against the resigning personal representative is pending; and (4) whether the appointment of a successor fiduciary is necessary. If the petition nominates a successor fiduciary, it shall state the nominee’s priority under the Florida Probate Code, if any, and that the nominee is qualified to serve under the laws of Florida. (c) Service. The petition shall be served by formal notice on all interested persons and the personal representative’s surety, if any. (d) Appointment of Successor. Before accepting the resignation, the court shall determine the necessity for appointment of a successor fiduciary. If there is no joint personal representative serving, the court shall appoint a successor fiduciary. (e) Acceptance of Resignation. The court may accept the resignation and revoke the letters of the resigning personal representative if the interests of the estate are not jeopardized. Acceptance of the resignation shall not exonerate the resigning personal representative or the resigning personal representative’s surety from liability. (f) Delivery of Records and Property. The resigning personal representative shall immediately upon acceptance of the resignation by the court deliver to the remaining personal representative or the successor

fiduciary all of the records of the estate and all property of the estate, unless otherwise directed by the court. (g) Petition for Discharge; Accounting. The resigning personal representative shall file an accounting and a petition for discharge within 30 days after the date that the letters of the resigning personal representative are revoked by the court. The petition for discharge shall be verified and shall state: (1) that the letters of the resigning personal representative have been revoked; (2) that the resigning personal representative has surrendered all undistributed estate assets, records, documents, papers, and other property of or concerning the estate to the remaining personal representative or the successor fiduciary; and (3) the amount of compensation paid or to be paid the resigning personal representative and the attorney and other persons employed by the resigning personal representative. (h) Notice, Filing, and Objections to Accounting. Notice of, filing of, and objections to the accounting of the resigning personal representative shall be as provided in rule 5.345. (i) Notice of Filing and Objections to Petition for Discharge. (1) Notice of filing and a copy of the petition for discharge shall be served on all interested persons. The notice shall state that objections to the petition for discharge must be filed within 30 days after the later of service of the petition or service of the accounting on that interested person. (2) Any interested person may file an objection to the petition for discharge within 30 days after the later of service of the petition or service of the accounting on that interested person. Any objection not filed within such time shall be deemed abandoned. An objection shall be in writing and shall state with particularity the item or items to which the objection is directed and the grounds on which the objection is based. (3) The objecting party shall serve a copy of the objection on the resigning personal representative and other interested persons. (4) Any interested person may set a hearing on the objections. Notice of

the hearing shall be given to the resigning personal representative and other interested persons. (j) Failure to File Accounting or Deliver Records or Property. The resigning personal representative shall be subject to contempt proceedings if the resigning personal representative fails to file an accounting or fails to deliver all property of the estate and all estate records under the control of the resigning personal representative to the remaining personal representative or the successor fiduciary within the time prescribed by this rule or by court order. (k) Discharge. The court shall enter an order discharging the resigning personal representative and releasing the surety on any bond after the court is satisfied that the resigning personal representative has delivered all records and property of the estate to the remaining personal representative or the successor fiduciary; that all objections, if any, to the accounting of the resigning personal representative have been withdrawn, abandoned, or judicially resolved; and that the liability of the resigning personal representative has been determined and satisfied. COMMITTEE NOTES In the event of resignation of a personal representative, if a joint personal representative is not serving, the successor fiduciary must file an oath and designation of a successor resident agent. This rule was revised to implement the revisions to the probate code that govern resignation of personal representative. The committee intended to separate the procedure with respect to resignation from removal because these proceedings may differ in practice. Rule History 1975 Revision: The rule provides for the orderly succession of personal representatives in the event a personal representative resigns or is removed. 1977 Revision: Editorial change in committee note. 1988 Revision: Editorial changes; captions added to subdivisions. Committee notes revised. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form

changes in committee notes. 2003 Revision: Rule completely revised to comply with statutory changes. Committee notes revised. 2007 Revision: Committee notes revised. 2012 Revision: Committee notes revised. Statutory References § 731.104, Fla. Stat. Verification of documents. § 731.201(23), Fla. Stat. General definitions. § 733.101, Fla. Stat. Venue of probate proceedings. § 733.502, Fla. Stat. Resignation of personal representative. § 733.503, Fla. Stat. Appointment of successor upon resignation. § 733.5035, Fla. Stat. Surrender of assets after resignation. § 733.5036, Fla. Stat. Accounting and discharge following resignation. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.180 Waiver and consent. Fla.Prob.R. 5.310 Disqualification of personal representative; notification. Fla. Prob. R. 5.330 Execution by personal representative. Fla. Prob. R. 5.345 Accountings other than personal representatives’ final accountings. Fla. Prob. R. 5.346 Fiduciary accounting. Fla. Prob. R. 5.401 Objections to petition for discharge or final accounting. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.440. » Fla. Prob. R. 5.440

RULE 5.440. PROCEEDINGS FOR REMOVAL OF PERSONAL REPRESENTATIVE. (a) Commencement of Proceeding. The court on its own motion may remove, or any interested person by petition may commence a proceeding to remove, a personal representative. A petition for removal shall state the facts constituting the grounds upon which removal is sought, and shall be filed in the court having jurisdiction over the administration of the estate. (b) Accounting. A removed personal representative shall file an accounting within 30 days after removal. (c) Delivery of Records and Property. A removed personal representative shall, immediately after removal or within such time prescribed by court order, deliver to the remaining personal representative or to the successor fiduciary all of the records of the estate and all of the property of the estate. (d) Failure to File Accounting or Deliver Records and Property. If a removed personal representative fails to file an accounting or fails to deliver all property of the estate and all estate records under the control of the removed personal representative to the remaining personal representative or to the successor fiduciary within the time prescribed by this rule or by court order, the removed personal representative shall be subject to contempt proceedings. COMMITTEE NOTES The revision of subdivision (a) of this rule by the addition of its final phrase represents a rule implementation of the procedure found in section 733.505, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. Rule History 1980 Revision: Subdivision (a) amended to require formal notice to interested persons and to delete requirement that court give directions as to

mode of notice. Surety authorized to petition for removal. 1984 Revision: Editorial changes. Provisions in prior rule for contempt have been deleted since the court has the inherent power to punish for contempt. Committee notes revised. 1988 Revision: Last phrase of (a) added to implement the procedure found in section 733.505, Florida Statutes. Subdivision (b) amended to parallel interim accounting rules. Deletes ability to extend time to file and adds reference to court power to punish for contempt. Committee notes expanded. Editorial changes. Citation form changes in committee notes. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Entire rule amended. Contents of accountings by removed fiduciaries are now governed by rule 5.346. Editorial changes in (a), (c), and (d). Committee notes revised. 2003 Revision: Committee notes revised. 2007 Revision: Committee notes revised. 2010 Revision: Editorial change in title to clarify scope of rule. 2012 Revision: Committee notes revised. Statutory References § 731.201(23), Fla. Stat. General definitions. § 733.504, Fla. Stat. Removal of personal representative; causes of removal. § 733.505, Fla. Stat. Jurisdiction in removal proceedings. § 733.506, Fla. Stat. Proceedings for removal. § 733.5061, Fla. Stat. Appointment of successor upon removal. § 733.508, Fla. Stat. Accounting and discharge of removed personal representative upon removal. § 733.509, Fla. Stat. Surrender of assets upon removal. Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.150 Order requiring accounting. Fla.Prob.R. 5.310 Disqualification of personal representative; notification. Fla. Prob. R. 5.345 Accounting other than personal representatives’ final accountings. Fla. Prob. R. 5.346 Fiduciary accounting. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.460. » Fla. Prob. R. 5.460

RULE 5.460. SUBSEQUENT ADMINISTRATION. (a) Petition. If, after an estate is closed, additional property of the decedent is discovered or if further administration of the estate is required for any other reason, any interested person may file a petition for further administration of the estate. The petition shall be filed in the same probate file as the original administration. (b) Contents. The petition shall state: (1) the name, address, and interest of the petitioner in the estate; (2) the reason for further administration of the estate; (3) the description, approximate value, and location of any asset not included among the assets of the prior administration; and (4) a statement of the relief sought. (c) Order. The court shall enter such orders as appropriate. Unless required, the court need not revoke the order of discharge, reissue letters, or require bond. COMMITTEE NOTES This rule establishes a procedure for further administration after estate is closed, which maybe summary in nature. Rule History 1984 Revision: Extensive changes. Committee notes revised. 1992 Revision; Citation form change in committee notes. 2003 Revision: Committee notes revised. 2012 Revision: Committee notes revised. Statutory Reference § 733.903, Fla. Stat. Subsequent administration. Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.470. » Fla. Prob. R. 5.470

RULE 5.470. ANCILLARY ADMINISTRATION. (a) Petition. The contents of the petition for ancillary letters shall be as provided in rule 5.200. The petition shall be verified and shall include: (1) for a testate estate, an authenticated copy of so much of the domiciliary proceedings as will show the will, petition for probate, order admitting the will to probate, and authority of the personal representative; (2) for an intestate estate, an authenticated copy of so much of the domiciliary proceedings as will show the petition for administration, and authority of the personal representative to act; or (3) if appointment of someone other than the domiciliary personal representative is requested, a statement of the facts constituting grounds on which appointment is sought. (b) Notice. Before ancillary letters shall be issued to any person, formal notice shall be given to: (1) all known persons qualified to act as ancillary personal representative and whose entitlement to preference of appointment is equal to or greater than petitioner’s and who have not waived notice or joined in the petition; and (2) all domiciliary personal representatives who have not waived notice or joined in the petition. (c) Probate of Will. On filing the authenticated copy of a will, the court shall determine whether the will complies with Florida law to entitle it to probate. If it does comply, the court shall admit the will to probate. COMMITTEE NOTES Rule History 1975 Revision: The rule sets out the procedural requirements for issuance of ancillary letters. 1984 Revision: Editorial changes with addition of notice requirement in

(b). Committee notes revised. 1988 Revision: Committee notes revised. 1992 Revision: Changed rule to require that notice be given to persons qualified to act as ancillary personal representative whose entitlement to preference of appointment is equal to or greater than petitioner’s and to all domiciliary personal representatives prior to entry of an order admitting the will to probate. Committee notes revised. Citation form changes in committee notes. 1996 Revision: The requirement that a filing of an authenticated copy of a will be a “probated” will is removed from subdivision (c). There may be circumstances in which a will is on deposit or file in a foreign jurisdiction but is not being offered for probate. That should not preclude an ancillary administration in Florida of that estate. This change is not intended to allow an authenticated copy of any document other than an original instrument to be filed under this rule and considered for probate. 2003 Revision: Committee notes revised. 2005 Revision: Committee notes revised. 2010 Revision: Committee notes revised. 2012 Revision: Committee notes revised. 2019 Revision: Subdivision (a) amended to clarify the contents of a petition for ancillary letters. Committee notes revised. Statutory References § 731.201(1), Fla Stat. General definitions. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 734.102, Fla. Stat. Ancillary administration. § 734.1025, Fla. Stat. Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.065(b) Notice of civil action or ancillary administration. Fla. Prob. R. 5.200 Petition for Administration. Fla. Prob. R. 5.205(a)(2) Filing evidence of death. Fla. Prob. R. 5.215 Authenticated copy of will. Fla. Prob. R. 5.240 Notice of administration. Fla. Prob. R. 5.241 Notice to creditors. Fla. Prob. R. 5.475 Ancillary administration, short form. Fed. R. Civ. P. 44(a) Proving an official record. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.475. » Fla. Prob. R. 5.475

RULE 5.475. ANCILLARY ADMINISTRATION, SHORT FORM. (a) Filing Requirements. The foreign personal representative of a testate estate that meets the requirements of section 734.1025, Florida Statutes, may file with the clerk in the county where any property is located an authenticated copy of so much of the transcript of the foreign proceedings as will show: (1) the probated will and all probated codicils of the decedent; (2) the order admitting them to probate; (3) the letters or their equivalent; and (4) the part of the record showing the names of the beneficiaries of the estate or an affidavit of the foreign personal representative reciting that the names are not shown or not fully disclosed by the foreign record and specifying the names. On presentation of the foregoing, the court shall admit the will and any codicils to probate if they comply with section 732.502(1) or section 732.502(2), Florida Statutes. (b) Notice to Creditors. After complying with the foregoing requirements, the foreign personal representative may cause a notice to creditors to be published as required by these rules. (c) Claims Procedure. The procedure for filing or barring claims and objecting to them and for suing on them shall be the same as for other estates, except as provided in this rule. (d) Order. If no claims are filed against the estate within the time allowed, the court shall enter an order adjudging that notice to creditors has been duly published and proof thereof filed and that no claims have been filed against the estate or that all claims have been satisfied. (e) Notification of Claims Filed. If any claim is filed against the estate within the time allowed, the clerk shall send to the foreign personal representative a copy of the claim and a notice setting a date for a hearing to appoint an ancillary personal representative. At the hearing, the court shall

appoint an ancillary personal representative according to the preferences as provided by law. (f) Objections to Claims. If an ancillary personal representative is appointed pursuant to this rule, the procedure for filing, objecting to, and suing on claims shall be the same as for other estates, except that the ancillary personal representative appointed shall have not less than 30 days from the date of appointment within which to object to any claim filed. COMMITTEE NOTES This rule represents a rule implementation of the procedure found in section 734.1025, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: Deletion of reference to intestate estates in subdivision (a) to conform to 2001 amendments to section 734.1025, Florida Statutes. Editorial changes throughout. 2012 Revision: Committee notes revised. Statutory References § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 734.102, Fla. Stat. Ancillary administration. § 734.1025, Fla. Stat. Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims. Rule References Fla. Prob. R. 5.020 Pleadings verification; motions.

Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.065(b) Notice of civil action or ancillary administration. Fla. Prob. R. 5.205(a)(2) Filing evidence of death. Fla. Prob. R. 5.215 Authenticated copy of will. Fla. Prob. R. 5.240 Notice of administration. Fla. Prob. R. 5.470 Ancillary administration. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.490. » Fla. Prob. R. 5.490

RULE 5.490. FORM AND MANNER OF PRESENTING CLAIM. (a) Form. A creditor’s statement of claim shall be verified and filed with the clerk and shall state: (1) the basis for the claim; (2) the amount claimed; (3) the name and address of the creditor; (4) the security for the claim, if any; and (5) whether the claim is currently due or involves an uncertainty and, if not due, then the due date and, if contingent or unliquidated, the nature of the uncertainty. (b) Service. The clerk shall serve a copy of the claim as set forth in rule 5.041, to the attorney for the personal representative unless all personal representatives file a notice directing that claims be served on a designated personal representative or designated attorney of record. Absent designation, a copy of claim shall be served on the attorney for the personal representative named first in the letters of administration. The clerk shall note the fact and date of service on the statement of claim pursuant to this rule. (c) Validity of Claim. Failure to deliver or receive a copy of the claim shall not affect the validity of the claim. (d) Amending Claims. If a claim as filed is sufficient to notify interested persons of its substance but is otherwise defective as to form, the court may permit the claim to be amended at any time. (e) Service by Personal Representative. If the personal representative files a claim individually, or in any other capacity creating a conflict of interest between the personal representative and any interested person, then at the time the claim is filed, the personal representative shall serve all interested persons with a copy of the claim and notice of the right to object to the claim. The notice shall state that an interested person may object to a claim as provided by law and rule 5.496. Service shall be either by informal notice or in the manner provided for service of formal notice. Service on one

interested person by a chosen method shall not preclude service on another interested person by another method. COMMITTEE NOTES Subdivision (d) of this rule represents a rule implementation of the procedure found in section 733.704, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. Rule History 1975 Revision: Sets forth the claims procedure to be followed and clarifies the matter of delivery of copies where there are multiple personal representatives or where the attorney of record desires to accept such delivery. 1984 Revision: Extensive editorial changes and requires furnishing of copy of claim to the attorney for the personal representative. Committee notes revised. 1988 Revision: Clarifies the matter of delivery of copies and directs the clerk to mail the same to the attorney for the personal representative unless designations are filed by all personal representatives to the contrary. Subdivision (e) added to implement the procedure found in section 733.704, Florida Statutes. Editorial changes. Committee notes expanded. Citation form change in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 1999 Revision: Reference to repealed rule deleted from committee notes. 2003 Revision: Committee notes revised. 2007 Revision: Editorial change in (a). New (f) added, providing procedure for notice when personal representative files a claim individually or otherwise has a conflict of interest with any interested person regarding a claim. 2019 Revisions. Deletes subdivision (b) to conform to the electronic filing

rule. Subdivision (c) is renumbered to (b) and is amended to address the electronic service rules. Subdivisions (c)-(e) are renumbered accordingly. Committee notes revised. Statutory References § 731.104, Fla. Stat. Verification of documents. § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 733.702, Fla. Stat. Limitations on presentation of claims. § 733.703, Fla. Stat. Form and Manner of presenting claim. § 733.704, Fla. Stat. Amendment of claims. § 733.708, Fla. Stat. Compromise. § 733.710, Fla. Stat. Limitations on claims against estates. § 733.102, Fla. Stat. Ancillary administration. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.241 Notice to creditors. Fla. Prob. R. 5.470 Ancillary administration. Fla. Prob. R. 5.475 Ancillary administration, short form. Fla. Prob. R. 5.530 Summary administration. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of Pleadings and Documents Fla. R. Gen. Prac. & Jud. Admin. 2.520 Documents Fla. R. Gen. Prac. & Jud. Admin. 2.525 Electronic Filing

« Pt. II. », « Rule 5.496. » Fla. Prob. R. 5.496

RULE 5.496. FORM AND MANNER OF OBJECTING TO CLAIM. (a) Filing. An objection to a claim, other than a personal representative’s proof of claim, shall be in writing and filed on or before the expiration of 4 months from the first publication of notice to creditors or within 30 days from the timely filing or amendment of the claim, whichever occurs later. (b) Service. A personal representative or other interested person who files an objection to the claim shall serve a copy of the objection on the claimant. If the objection is filed by an interested person other than the personal representative, a copy of the objection shall also be served on the personal representative. Any objection shall include a certificate of service. (c) Notice to Claimant. An objection shall contain a statement that the claimant is limited to a period of 30 days from the date of service of an objection within which to bring an action as provided by law. COMMITTEE NOTES This rule represents an implementation of the procedure found in section 733.705, Florida Statutes, and adds a requirement to furnish notice of the time limitation in which an independent action or declaratory action must be filed after objection to a claim. Rule History 1992 Revision: New rule. 2003 Revision: Reference in (a) to notice of administration changed to notice to creditors. Committee notes revised. 2005 Revision: Removed provision for objections to personal representative’s proof of claim, now addressed in rule 5.498, and subsequent subdivisions relettered. Reference to service on the claimant’s attorney removed because service on the attorney is required by rule 5.041(b). Committee notes revised. 2007 Revision: Editorial change in (a). Second sentence of (b) added to specify that the objection must include a certificate of service.

2010 Revision: Subdivision (b) amended to delete the requirement to serve a copy of an objection to a claim within 10 days, and to clarify the requirement to include a certificate of service. 2012 Revision: Committee notes revised. Statutory Reference § 731.201(4), Fla. Stat. General definitions. § 733.705, Fla. Stat. Payment of and objection to claims. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.498 Personal representative’s proof of claim. Fla. Prob. R. 5.499 Form and manner of objecting to personal representative’s proof of claim. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.498. » Fla. Prob. R. 5.498

RULE 5.498. PERSONAL REPRESENTATIVE’S PROOF OF CLAIM. (a) Contents. A personal representative’s proof of claim shall state: (1) the basis for each claim; (2) the amount claimed; (3) the name and address of the claimant; (4) the security for the claim, if any; (5) whether the claim is matured, unmatured, contingent, or unliquidated; (6) whether the claim has been paid or is to be paid; and (7) that any objection to a claim listed as to be paid shall be filed no later than 4 months from first publication of the notice to creditors or 30 days from the date of the filing of the proof of claim, whichever occurs later. (b) Service. The proof of claim shall be served at the time of filing or promptly thereafter on all interested persons. COMMITTEE NOTES This rule represents an implementation of the procedure found in section 733.703(2), Florida Statutes, with respect to a proof of claim filed by the personal representative. Rule History 2005 Revision: New rule. 2007 Revision: Subdivision (b) amended to eliminate the need to serve claimants listed as paid on the proof of claim, and clarifying editorial change. 2012 Revision: Committee notes revised. Statutory References § 733.703(2), Fla. Stat. Form and manner of presenting claim. § 733.705, Fla. Stat. Payment of and objection to claims.

Rule References Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.499 Form and manner of objecting to personal representative’s proof of claim. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.499. » Fla. Prob. R. 5.499

RULE 5.499. FORM AND MANNER OF OBJECTING TO PERSONAL REPRESENTATIVE’S PROOF OF CLAIM. (a) Filing. An objection to a personal representative’s proof of claim shall be in writing and filed on or before the expiration of 4 months from the first publication of notice to creditors or within 30 days from the timely filing of the proof of claim, whichever occurs later. (b) Contents. The objection shall identify the particular item or items to which objection is made. An objection to an item listed on the proof of claim as to be paid shall also contain a statement that the claimant is limited to a period of 30 days from the date of service of an objection within which to bring an independent action as provided by law. (c) Items Listed as Paid. If an objection is filed to an item listed on the proof of claim as paid, it shall not be necessary for the claimant to file an independent action as to that item. Liability as between estate and the personal representative individually for claims listed on the proof of claim as paid, or for claims treated as if they were listed on the proof of claim as paid, shall be determined in the estate administration, in a proceeding for accounting or surcharge, or in another appropriate proceeding, whether or not an objection has been filed. (d) Items Paid Before Objection. If an item listed as to be paid is paid by the personal representative prior to the filing of an objection as to that item, the item shall be treated as if it were listed on the proof of claim as paid. (e) Service. The objector shall serve a copy of the objection on the personal representative and, in the case of any objection to an item listed as to be paid, shall also serve a copy on that claimant within 10 days after the filing of the objection. In the case of an objection to an item listed as to be paid, the objection shall include a certificate of service. COMMITTEE NOTES This rule represents an implementation of the procedure found in section 733.705, Florida Statutes, with respect to a proof of claim filed by the

personal representative. The rule recognizes the different treatment between items listed on a proof of claim as having been paid versus items listed as to be paid. An objection to an item listed as to be paid is treated in the same manner as a creditor’s claim and there is a requirement to furnish notice of the time limitation in which an independent action or declaratory action must be filed after objection to a claim. Rule History 2005 Revision: New rule. 2007 Revision: Editorial change in (a). Extensive revisions to rest of rule to clarify the differences in procedure between items listed as paid and items listed as to be paid. Committee notes revised. 2012 Revision: Committee notes revised. Statutory Reference § 733.705, Fla. Stat. Payment of and objection to claims. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.496 Form and manner of objecting to claim. Fla. Prob. R. 5.498 Personal representative’s proof of claim. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.510. » Fla. Prob. R. 5.510

RULE 5.510. ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL. (a) Proceeding. The establishment and probate of a lost or destroyed will shall be in one proceeding. (b) Petition. The petition, in addition to reciting information required under these rules for petition for administration, shall include a statement of the facts constituting grounds on which relief is sought, and a statement of the contents of the will or, if available, a copy of the will. (c) Testimony. The testimony of each witness in the proceeding shall be reduced to writing and filed and may be used as evidence in any contest of the will if the witness has died or moved from the state. (d) Notice. No lost or destroyed will shall be admitted to probate unless formal notice has been given to those who, but for the will, would be entitled to the property thereby devised. (e) Order. The order admitting the will to probate shall state in full its terms and provisions. COMMITTEE NOTES This rule represents a rule implementation of the procedure formerly found in section 733.207, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify and existing procedure. Rule History 1977 Revision: Editorial change in subdivision (c) of prior rule. 1984 Revision: Extensive changes. Committee notes revised. 1988 Revision: Rule rewritten to conform to statute. Committee notes expanded. Citation form change in committee notes. 1992 Revision: Committee notes revised. Citation form changes in

committee notes. 2002 Revision: Subdivision (d) added to implement procedure formerly found in section 733.207(3), Florida Statutes. Committee notes revised. 2003 Revision: Committee notes revised. 2012 Revision: Committee notes revised. Statutory Reference § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Notice of pleadings and documents. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.200 Petition for administration. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. II. », « Rule 5.530. • Fla. Prob. R. 5.530

RULE 5.530. SUMMARY ADMINISTRATION. (a) Petition. The petition must be verified as required by law and must contain: (1) a statement of the interest of each petitioner, each petitioner’s name and address, and the name and office address of each petitioner’s attorney; (2) the name and last known address of the decedent, last 4 digits of the decedent’s social security number, date and place of death of the decedent, and state and county of the decedent’s domicile; (3) so far as is known, the names and addresses of the surviving spouse, if any, and the beneficiaries and their relationship to the decedent and the year of birth of any who are minors; (4) a statement showing venue; (5) a statement whether domiciliary or principal proceedings are pending in another state or country, if known, and the name and address of the foreign personal representative and the court issuing letters; (6) a statement that the decedent’s will, if any, does not direct administration as required by chapter 733, Florida Statutes; (7) a statement that the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000 or that the decedent has been dead for more than 2 years; (8) a description of all assets in the estate and the estimated value of each, and a separate description of any protected homestead and exempt property; (9) a statement either: (A) that all creditors’ claims are barred or (B) that a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors has been made and one of the following:

(i) A statement that the estate is not indebted. (ii) The name and address of each creditor, the nature of the debt, the amount of the debt and whether the amount is estimated or exact, and when the debt is due. If provision for payment of the debt has been made other than for full payment in the proposed order of distribution, the following information must be shown: (a) The name of the person who will pay the debt. (b) The creditor’s written consent for substitution or assumption of the debt by another person. (c) The amount to be paid if the debt has been compromised. (d) The terms for payment and any limitations on the liability of the person paying the debt. (10) in an intestate estate, a statement that after the exercise of reasonable diligence each petitioner is unaware of any unrevoked wills or codicils; (11) in a testate estate, a statement identifying all unrevoked wills and codicils being presented for probate, and a statement that each petitioner is unaware of any other unrevoked will or codicil; and (12) a schedule of proposed distribution of all probate assets and the person to whom each asset is to be distributed. (b) Service. The joinder in, or consent to, a petition for summary administration is not required of a beneficiary who will receive full distributive share under the proposed distribution. Any beneficiary and any known or reasonably ascertainable creditor not joining or consenting must receive formal notice of the petition. (c) Testate Estate. In a testate estate, on the filing of the petition for summary administration, the decedent’s will must be proved and admitted to probate. (d) Order. If the court determines that the decedent’s estate qualifies for summary administration, it must enter an order distributing the probate assets and specifically designating the person to whom each asset is to be distributed.

COMMITTEE NOTES Verification and service of a petition for summary administration are governed by rules 5.020, 5.040, and 5.041. Section 735.206(2), Florida Statutes, relating to diligent search for, and service of the petition for summary administration on, reasonably ascertainable creditors is substantive. Nothing in this rule is intended to change the effect of the statutory amendments. Rule History 1977 Revision: Changes to conform to 1975 statutory revision. Established the requirements of a petition for summary administration and provided for the hearing thereon and the entry of the order of distribution of the assets. 1984 Revision: Extensive revisions and editorial changes. Committee notes revised. 1988 Revision: Editorial change in caption of (a). Committee notes revised. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Replaces “homestead” with “protected homestead” in (a) (2) to conform to addition of term in section 731.201(29), Florida Statutes. Committee notes revised. 2003 Revision: Committee notes revised. 2005 Revision: Subdivision (a)(3) amended to include requirements of section 735.206(2), Florida Statutes. 2007 Revision: Rule substantially rewritten to require petition to include essentially the same information required to be stated in a petition for administration and to require the petitioners to specify facts showing they are entitled to summary administration. New subdivision (b) added to provide for formal notice of the petition, and subsequent subdivisions relettered. 2011 Revision: Subdivision (a)(2) amended to limit listing of decedent’s social security number to last four digits. 2012 Revision: Committee notes revised.

2013 Revision: Subdivision (a)(9) reorganized to avoid the misconception that a diligent search and reasonable inquiry for known or reasonably ascertainable creditors is required when creditor claims are barred. Committee notes revised. Editorial changes to conform to the court’s guidelines for rules submissions as set forth in AOSC06-14. 2014 Revision: Subdivision (a)(3) amended to provide only the year of birth of a minor to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised. Statutory References § 731.104, Fla. Stat. Verification of documents. §§ 735.201-735.2063, Fla. Stat. Summary administration. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.205(a)(3) Filing evidence of death. Fla. R. Gen. Prac. & Jud. Admin. 2.420 Public access to judicial branch records. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the filing of sensitive information. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. III. » Fla. Prob. R., Pt. III

PART III. GUARDIANSHIP « Pt. III. », • Rule 5.540. » Fla. Prob. R. 5.540

RULE 5.540. HEARINGS. (a) Application. All hearings under chapter 744 and under section 393.12, Florida Statutes, shall be open unless the alleged incapacitated person, adjudicated ward, or person alleged to have a developmental disability elects to have the hearing closed. (b) Election. An election to close a hearing may be made before the hearing by filing a written notice. Subject to the court’s approval, an election to close or reopen a hearing may be made at any time during the hearing by oral or written motion. COMMITTEE NOTES This rule permits an alleged incapacitated person, adjudicated ward, or person alleged to have a developmental disability to elect to have all hearings open or closed at any time by oral or written election. Rule History 1991 Revision: New rule. 1992 Revision: Committee notes revised. 2008 Revision: Subdivision (a) amended to include persons with a developmental disability. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.1095, Fla. Stat. Hearings. § 744.3085, Fla. Stat. Guardian advocates. Rule Reference Fla. Prob. R. 5.541 Recording of hearings.

« Pt. III. », « Rule 5.541. » Fla. Prob. R. 5.541

RULE 5.541. RECORDING OF HEARINGS. Electronic or stenographic recordings shall be made of all hearings on the: (a) adjudication of incapacity; (b) appointment of a guardian; (c) modification, termination, or revocation of the adjudication of incapacity; (d) restoration of capacity; or (e) restoration of rights. COMMITTEE NOTES This rule represents a rule implementation of the procedure found in sections 744.109 and 744.3031, Florida Statutes. It is not intended to change the effect of the statutes from which it is derived, or to create a new procedure or modify an existing procedure. Rule History 1991 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form change in committee notes. 2003 Revision: Committee notes revised. 2008 Revision: New subdivision (e) added for proceedings involving guardian advocates. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.109, Fla. Stat. Records. § 744.3031, Fla. Stat. Emergency temporary guardianship. § 744.3085, Fla. Stat. Guardian advocates.

§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.

« Pt. III. », « Rule 5.550. » Fla. Prob. R. 5.550

RULE 5.550. PETITION TO DETERMINE INCAPACITY. (a) Contents. The petition to determine incapacity shall be verified by the petitioner, and shall state: (1) the name, age, and present address of the petitioner and the petitioner’s relationship to the alleged incapacitated person; (2) the name, age, county of residence, and present address of the alleged incapacitated person, and specify the primary language spoken by the alleged incapacitated person, if known; (3) that the petitioner believes the alleged incapacitated person to be incapacitated, the facts on which such belief is based, and the names and addresses of all persons known to the petitioner who have knowledge of such facts through personal observation; (4) the name and address of the alleged incapacitated person’s attending or family physician, if known; (5) which rights the alleged incapacitated person is incapable of exercising to the best of the petitioner’s knowledge; and, if the petitioner has insufficient experience to make that judgment, the petitioner shall so indicate; (6) whether plenary or limited guardianship is sought for the alleged incapacitated person; (7) the names, relationships, and addresses of the next of kin of the alleged incapacitated person, specifying the year of birth of any who are minors, to the extent known to the petitioner; and (8) whether there are possible alternatives to guardianship known to the petitioner, including, but not limited to, trust agreements, powers of attorney, designations of health care surrogates, or other advance directives, and if the petitioner is seeking a guardianship, an explanation as to why the alternatives are insufficient to meet the needs of the alleged incapacitated person. (b) Notice.

(1) Contents. The notice of filing the petition to determine incapacity shall state: (A) the time and place of the hearing to inquire into the capacity of the alleged incapacitated person; (B) that an attorney has been appointed to represent such person; and (C) that if the court determines that such person is incapable of exercising any of the rights enumerated in the petition a guardian may be appointed. (2) Service on Alleged Incapacitated Person. The notice and a copy of the petition to determine incapacity shall be personally served by an elisor appointed by the court, who may be the court appointed counsel for the alleged incapacitated person. The elisor shall read the notice to the alleged incapacitated person, but need not read the petition. A return of service shall be filed by the elisor certifying that the notice and petition have been served on and the notice read to the alleged incapacitated person. No responsive pleading is required and no default may be entered for failure to file a responsive pleading. The allegations of the petition are deemed denied. (3) Service on Others. A copy of the petition and the notice shall also be served on counsel for the alleged incapacitated person, and on all next of kin. (c) Verified Statement. An interested person may file a verified statement that shall state: (1) that he or she has a good faith belief that the alleged incapacitated person’s trust, trust amendment, or durable power of attorney is invalid; and (2) facts constituting a reasonable basis for that belief. (d) Order. When an order determines that a person is incapable of exercising delegable rights, it shall specify whether there is an alternative to guardianship that will sufficiently address the problems of the incapacitated person. (e) Reports.

(1) Filing. Each member of the examining committee must file his or her report with the clerk of the court within 15 days after appointment. (2) Service. Within 3 days after receipt of each examining committee member’s report, the clerk shall serve the report on the petitioner and the attorney for the alleged incapacitated person by electronic mail delivery or United States mail, and, upon service, shall file a certificate of service in the incapacity proceeding. The petitioner and the attorney for the alleged incapacitated person must be served with all reports at least 10 days before the hearing on the petition, unless the reports are not complete, in which case the petitioner and attorney for the alleged incapacitated person may waive the 10-day requirement and consent to the consideration of the report by the court at the adjudicatory hearing. If such service is not timely effectuated, the petitioner or the alleged incapacitated person may move for a continuance of the hearing. (3) Objections. The petitioner and the alleged incapacitated person may object to the introduction into evidence of all or any portion of the examining committee members’ reports by filing and serving a written objection on the other party no later than 5 days before the adjudicatory hearing. The objection must state the basis upon which the challenge to admissibility is made. If an objection is timely filed and served, the court shall apply the rules of evidence in determining the reports’ admissibility. For good cause shown, the court may extend the time to file and serve the written objection. (f) Adjudicatory Hearing. Upon appointment of the examining committee, the court shall set the date upon which the petition will be heard. The adjudicatory hearing must be conducted within at least 10 days, which time period may be waived, but no more than 30 days after the filing of the last filed report of the examining committee members, unless good cause is shown. COMMITTEE NOTES Rule History 1980 Revision: Implements 1979 amendments to section 744.331, Florida Statutes.

1984 Revision: Change in title of rule. Editorial changes and adds a provision for service of petition. Committee notes revised. 1988 Revision: Committee notes revised. Citation form changes in committee notes. 1989 Revision by Ad Hoc Committee: The committee realized that formal notice as defined in rule 5.040(a)(1) requires the recipient of notice to file a responsive pleading within 20 days after the service of the notice. The committee believed that to impose such a requirement on the alleged incapacitated person would contravene the legislative intent of the 1989 revisions to chapter 744, Florida Statutes. The committee observed that the time required for appointment of mandatory appointed counsel might render a responsive pleading within 20 days impossible for the alleged incapacitated person. The committee concluded that, procedurally, notice upon the alleged incapacitated person should occur in the same manner as formal notice in rule 5.040, but the required response under that rule should not be imposed upon the alleged incapacitated person. 1991 Revision: Implements 1989 amendments to sections 744.3201 and 744.331, Florida Statutes, and 1990 technical amendments. 1992 Revision: Citation form changes in committee notes. 2006 Revision: Subdivisions (c) and (d) added to incorporate 2006 amendment to section 744.441 and creation of section 744.462, Florida Statutes. Committee notes revised. 2014 Revision: Amends subdivision (a)(7) to conform with Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised. 2016 Revision: Subdivision (a)(8) added to require the disclosure of whether there are possible alternatives to guardianship known to the petitioner. Committee notes revised. 2017 Revision: Adopts new subdivisions (e)(1)—(e)(3) to address statutory changes in sections 744.331(3)(e), (3)(h), and (3)(i), Florida Statutes, regarding filing, service, and objections to examining committee members’ reports. Adopts new subdivision (f) to address statutory changes regarding the timing of the adjudicatory hearing in section 744.331(5)(a), Florida Statutes. Committee notes revised.

2020 Revision: Amends subdivision (a)(8) to address the Judicial Management Council Guardianship Workgroup Final Report dated June 15, 2018, Focus Area 1, Recommendation 3, by requiring an explanation if there are less restrictive alternatives to guardianship, but they are not sufficient to meet the needs of the alleged incapacitated person. Committee notes revised. Statutory references amended. Statutory References § 709.2104, Fla. Stat. Durable power of attorney. § 709.2109, Fla. Stat. Termination or suspension of power of attorney or agent’s authority. § 744.1012, Fla. Stat. Legislative intent. § 744.104, Fla. Stat. Verification of documents. § 744.3045, Fla. Stat. Preneed guardian. § 744.3115, Fla. Stat. Advance directives for health care. § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.441(1)(k), Fla. Stat. Powers of guardian upon court approval. § 744.462, Fla. Stat. Determination regarding alternatives to guardianship. § 765.102, Fla. Stat. Legislative intent and findings. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5 040(a)(3) Notice. Fla. Prob. R. 5 800(a) Application of revised chapter 744 to existing guardianships. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.

« Pt. III. », « Rule 5.552. » Fla. Prob. R. 5.552

RULE 5.552. VOLUNTARY GUARDIANSHIP OF PROPERTY. (a) Petition for Appointment of Guardian. The petition for voluntary guardianship shall be verified by the petitioner and shall state: (1) the facts to establish venue; (2) the petitioner’s residence and post office address; (3) that the petitioner although mentally competent is incapable of the care, custody, and management of the petitioner’s estate by reason of age or physical infirmity, and is voluntarily petitioning to have a guardian of the petitioner’s property appointed; (4) whether the guardianship shall apply to all of the petitioner’s property or less than all of the petitioner’s property; and if less than all of the petitioner’s property, the specific property to which the guardianship is to apply; (5) the name and residence and post office address of any proposed guardian; (6) that the proposed guardian is qualified to serve or that a willing and qualified proposed guardian has not been located; and (7) the names and post office addresses of persons to whom the petitioner requests that notice of the hearing for the appointment of the guardian, and any petition for authority to act, be given. (b) Certificate of Licensed Physician. The petition shall be accompanied by a certificate of a licensed physician as required by law. (c) Notice of Hearing. Notice of hearing on the petition for appointment, and any petition for authority to act, shall be given to the ward and any person to whom the ward requests notice be given, which request can be made in the petition for appointment or a subsequent written request for notice signed by the ward. (d) Annual Report. The annual report shall be accompanied by a certificate from a licensed physician as required by law.

(e) Termination. The ward may terminate a voluntary guardianship by filing a notice of termination. Copies of the notice shall be served on all interested persons. The guardian shall file a petition for discharge in accordance with these rules. COMMITTEE NOTES Rule History 2003 Revision: New rule. 2006 Revision: New (d) added to incorporate 2006 amendment to section 744.341, Florida Statutes, requiring inclusion of physician’s certificate in annual report, and subsequent subdivision relettered. Committee notes revised. Statutory References § 744.341, Fla. Stat. Voluntary guardianship. Rule References Fla. Prob. R. 5.680 Termination of guardianship. Fla. Prob. R. 5.695 Annual guardianship report.

« Pt. III. », « Rule 5.555. » Fla. Prob. R. 5.555

RULE 5.555. GUARDIANSHIPS OF MINORS. (a) Application. This rule shall apply to any guardianship for a minor. (b) Petition to Determine Incapacity. No petition to determine incapacity need be filed. (c) Petition for Appointment of Guardian. The petition shall be verified by the petitioner and shall state: (1) the facts to establish venue; (2) the petitioner’s residence and post office address; (3) the name, age, and residence and post office address of the minor; (4) the names and addresses of the parents of the minor and if none, the next of kin known to the petitioner; (5) the name and residence and post office address of the proposed guardian, and that the proposed guardian is qualified to serve; or, that a willing and qualified guardian has not been located; (6) the proposed guardian’s relationship to and any previous association with the minor, including listing any activities designated in section 744.446(3), Florida Statutes; (7) the reasons why the proposed guardian should be appointed; (8) the nature and value of the property subject to the guardianship; and (9) whether there are possible alternatives to guardianship known to the petitioner, including but not limited to, trust agreements, powers of attorney, surrogates, guardian advocate under section 744.3085, Florida Statutes, or advance directives and why those possible alternatives are insufficient to meet the needs of the minor. (d) Notice. Formal notice of the petition for appointment of guardian shall be served on any parent who is not a petitioner or, if there is no parent, on the persons with whom the minor resides and on such other persons as the court may direct.

(e) Initial and Annual Guardianship Reports. (1) The initial guardianship report shall consist only of the verified inventory. The annual guardianship report shall consist only of the annual accounting. (2) The guardian shall file an initial and annual guardianship plan as required by law. (3) Unless otherwise ordered by the court or required by law, the guardian need not serve a copy of the initial guardianship report and the annual guardianship reports on the ward. (f) Inspection of Inventory or Accounting. Unless otherwise ordered by the court for good cause shown, any inventory, amended or supplementary inventory, or accounting is subject to inspection only by the clerk, the ward or the ward’s attorney, and the guardian or the guardian’s attorney. COMMITTEE NOTES The provisions of chapter 744, Florida Statutes, and the guardianship rules enacted in 1989 leave some uncertainty with respect to the procedural requirements in guardianships for minors who are not incapacitated persons. This rule is intended to address only certain procedures with respect to the establishment and administration of guardianships over minors. The committee believes that certain provisions of the guardianship law and rules apply to both guardianships of minors as well as guardianships of incapacitated persons and no change has been suggested with respect to such rules. Because no adjudication of a minor is required by statute, it is contemplated that appointment of a guardian for a minor may be accomplished without a hearing. Initial and annual guardianship reports for minors have been simplified where all assets are on deposit with a designated financial institution under applicable Florida law. Rule History 1991 Revision: New rule adopted to apply to guardianship over minors who are not incapacitated persons. 1992 Revision: Committee notes revised. Citation form changes in committee notes.

1996 Revision: Committee notes revised. 2000 Revision: Deletes requirement in subdivision (c) to report social security number of proposed guardian. 2003 Revision: Deletes requirement in subdivision (c) to report social security number of minor. Committee notes revised. 2006 Revision: Subdivision (e)(2) amended to conform to requirement in sections 744.362(1) and 744.3675, Florida Statutes, to file initial and annual guardianship plans. Subdivision (e)(3) amended to eliminate requirement of service on ward unless ordered by court or required by statute. 2014 Revision: Fla. R. Gen. Prac. & Jud. Admin. 2.425(b)(4)-(5) provides exceptions for using the birth date of any minor “whenever the birth date is necessary for the court to establish or maintain subject matter jurisdiction,” as well as using the full name in situations in which the “name of the minor in any order relating to parental responsibility, time-sharing, or child support.” Committee notes revised. 2020 Revision: Subdivision (c)(6) amended to include reference to section 744.446, Florida Statutes, and subdivision (c)(9) amended to conform to section 744.334, Florida Statutes, and the list of alternatives to guardianships. 2021 Revision: Committee notes revised. Statutory References § 69.031, Fla. Stat. Designated financial institutions for property in hands of guardians, curators, administrators, trustees, receivers, or other officers. § 744.3021, Fla. Stat. Guardians of minors. § 744.3085, Fla. Stat. Guardian advocates. § 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents. § 744.3371(2), Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.342, Fla. Stat. Minors; guardianship. § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan.

§ 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla. Stat. Annual accounting. § 744.3679, Fla. Stat. Simplified accounting procedures in certain cases. § 744.446, Fla. Stat. Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.541 Recording of hearings. Fla. Prob. R. 5.560 Petition for appointment of a guardian of an incapacitated person. Fla. Prob. R. 5.620 Inventory. Fla. Prob. R. 5.636 Settlement of minors’ claims. Fla. Prob. R. 5.690 Initial guardianship report. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.

« Pt. III. », « Rule 5.560. » Fla. Prob. R. 5.560

RULE 5.560. PETITION FOR APPOINTMENT OF GUARDIAN OF AN INCAPACITATED PERSON. (a) Contents. The petition shall be verified by the petitioner and shall state: (1) the facts to establish venue; (2) the petitioner’s residence and post office address; (3) the name, age, residence and post office address of the alleged incapacitated person; (4) the nature of the incapacity, the extent of guardianship, either limited or plenary, requested for the alleged incapacitated person, and the nature and value of property subject to the guardianship; (5) the names and addresses of the next of kin of the alleged incapacitated person known to the petitioner; (6) the name and residence and post office address of the proposed guardian, and that the proposed guardian is qualified to serve, or that a willing and qualified guardian has not been located; (7) the proposed guardian’s relationship to and any previous association with the alleged incapacitated person, including listing any activities designated in section 744.446(3), Florida Statutes; (8) the reasons why the proposed guardian should be appointed; (9) whether the petitioner has knowledge, information, or belief that there are possible alternatives to guardianship known to the petitioner, including, but not limited to, trust agreements, powers of attorney, designations of health care surrogates, guardian advocate under section 744.3085, Florida Statutes, or other advance directives, and if there are possible alternatives to guardianship, an explanation as to why the alternatives are insufficient to meet the needs of the alleged incapacitated person; (10) whether the petitioner has knowledge, information, or belief that

the alleged incapacitated person has a preneed guardian designation; and (11) if the proposed guardian is a professional guardian, a statement that the proposed guardian has complied with the registration requirements of section 744.2002, Florida Statutes. (b) Notice. Notice of filing the petition for appointment of guardian may be served as a part of the notice of filing the petition to determine incapacity, but shall be served a reasonable time before the hearing on the petition or other pleading seeking appointment of a guardian. (c) Service on Public Guardian. If the petitioner requests appointment of the public guardian, a copy of the petition and the notice shall be served on the public guardian. COMMITTEE NOTES Rule History 1975 Revision: Substantially the same as section 744.334, Florida Statutes, expanded to include provisions of section 744.302, Florida Statutes, and section 744.312, Florida Statutes, by reference. 1977 Revision: Change in committee notes to conform to statutory renumbering. 1980 Revision: Implements 1979 amendment to section 744.334, Florida Statutes. 1984 Revision: Combines rule 5.560 and part of prior rule 5.570. Editorial changes and committee notes revised. 1988 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 1989 Revision by Ad Hoc Committee: Subsection (a)(4) of the former rule has been deleted altogether because the date and court of adjudication will probably not be known at the time of filing the petition for the appointment since petition for appointment will henceforth be filed contemporaneously with the petition to determine incapacity. 1991 Revision: Implements 1989 amendments to sections 744.334 and 744.331(1), Florida Statutes, and 1990 technical amendments. Subdivision

(c)(1) deleted because rule 5.555(d) addresses service on parents. 1992 Revision: Citation form changes in committee notes. 1996 Revision: Deletes requirement in subdivision (a) to report social security number of alleged incapacitated person. Adds provision to subdivision (b) for notice before hearing when petition is not served simultaneously with petition to determine incapacity. 2000 Revision: Deletes requirement in subdivision (a) to report social security number of proposed guardian. 2003 Revision: Committee notes revised. 2006 Revision: New (a)(9) added to incorporate 2006 passage of section 744.462, Florida Statutes. Subdivision (a)(10) added to implement section 744.1083, Florida Statutes. Committee notes revised. 2014 Revision: Fla. R. Gen. Prac. & Jud. Admin. 2.425(b)(4)-(5) provides exceptions for using the birth date of any minor “whenever the birth date is necessary for the court to establish or maintain subject matter jurisdiction,” as well as using the full name in situations in which the “name of the minor in any order relating to parental responsibility, time-sharing, or child support.” Committee notes revised. 2016 Revision: Subdivision (a)(9) revised to require the disclosure of whether there are possible alternatives to guardianship known to the petitioner. Committee notes revised. 2016 Revision: Subdivision (a)(10) amended to reflect the renumbering of the statute from section 744.1083 to section 744.2002, Florida Statutes. Committee notes revised to update statutory references. 2020 Revision: Amends subdivision (a)(9) to address the Judicial Management Council Guardianship Workgroup Final Report dated June 15, 2018, Focus Area 1, Recommendation 3, by requiring an explanation if there are less restrictive alternatives to guardianship, but they are not sufficient to meet the needs of the alleged incapacitated person. Adds a new subdivision (a)(10) to address the Judicial Management Council Guardianship Workgroup Final Report dated June 15, 2018, Focus Area 1, Recommendation 4, by requiring a statement of the petitioner’s knowledge of any preneed guardian designation. Committee notes revised.

Subdivision (a)(7) amended to include reference to section 744.446, Florida Statutes, and subdivision (a)(9) amended to conform to section 744.334, Florida Statutes, and the list of alternatives to guardianships. Statutory References § 709.2104, Fla. Stat. Durable power of attorney. § 709.2109, Fla. Stat. Termination or suspension of power of attorney or agent’s authority. § 744.2002, Fla. Stat. Professional guardian registration. § 744.2005, Fla. Stat. Order of appointment. § 744.2006, Fla. Stat. Office of public guardian; appointment, notification. § 744.3045, Fla. Stat. Preneed guardian. § 744.3085, Fla. Stat. Guardian advocates. § 744.309, Fla. Stat. Who may be appointed guardian of a resident ward. § 744.3115, Fla. Stat. Advance directives for health care. § 744.312, Fla. Stat. Considerations in appointment of guardian. § 744.3201, Fla. Stat. Petition to determine incapacity. § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents. § 744.3371(1), Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.341, Fla. Stat. Voluntary guardianship. § 744.446, Fla. Stat. Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. § 744.462, Fla. Stat. Determination regarding alternatives to guardianship. § 765.102, Fla. Stat. Legislative intent and findings. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.550 Petition to determine incapacity. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.

« Pt. III. », « Rule 5.590. » Fla. Prob. R. 5.590

RULE 5.590. APPLICATION FOR APPOINTMENT AS GUARDIAN; DISCLOSURE STATEMENT; FILING. (a) Individual Applicants. (1) The application for appointment shall contain: (A) the applicant’s qualifications to serve as a guardian, including a statement indicating whether the applicant has ever been (i) arrested or (ii) convicted of a felony, even if the record of such arrest or conviction has been expunged, unless the expunction was ordered pursuant to section 943.0583, Florida Statutes; and (B) the names of all wards who are adults and the initials of any ward who is a minor for whom the applicant is then acting as guardian, the court file number and circuit court in which each case is pending, and a statement as to whether the applicant is acting as a limited or plenary guardian of the person or property, or both, of each ward. (2) The application for appointment shall be filed and served a reasonable time before the hearing on the appointment of a guardian. (b) Nonprofit Corporate Guardians. (1) No application for appointment shall be required of a nonprofit corporate guardian. (2) A disclosure statement shall contain: (A) the corporation’s qualifications to serve as a guardian; and (B) the names of all wards who are adults and the initials of any ward who is a minor for whom the corporation is then acting as guardian, the court file number and circuit court in which each case is pending, and a statement as to whether the corporation is acting as a limited or plenary guardian of the person or property, or both, of each ward. (3) The disclosure statement of a nonprofit corporate guardian shall be filed quarterly with the clerk of the court for each circuit in which the corporation has been appointed, or is seeking appointment, as guardian.

(c) For Profit Corporations and Associations. No application for appointment or disclosure statement shall be required of any for profit corporation or association authorized to exercise fiduciary powers under Florida law. (d) Public Guardians. No application for appointment or disclosure statement shall be required of a public guardian. COMMITTEE NOTES Rule History 1988 Revision: Prior rule deleted; text of rule moved to rule 5.650. 1989 Revision: Rule reactivated with different title and text. 1991 Revision: Implements 1989 and 1990 amendments to section 744.3125, Florida Statutes. 1992 Revision: Citation form change in committee notes. 1996 Revision: Adds filing and service provisions consistent with rule 5.560. Corrects reference to corporations qualified to exercise fiduciary powers. Editorial changes. Adds statutory references. 2003 Revision: Committee notes revised. 2006 Revision: Committee notes revised. 2008 Revision: Committee notes revised. 2014 Revision: Amends subdivisions (a)(1)(B) and (b)(1)(B) to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Creates a rule reference. Committee notes revised. Statutory References § 393.063(17), Fla Stat. Definitions. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.102(4), (9), (11), (14), (22) Fla. Stat. Definitions. § 744.3085, Fla. Stat. Guardian advocates. § 744.309, Fla. Stat. Who may be appointed guardian of a resident ward.

§ 744.3125, Fla. Stat. Application for appointment. § 744.331(1), Fla. Stat. Procedures to determine incapacity. § 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing. § 943.0583, Fla. Stat. Human trafficking victim expunction. § 943.0585, Fla. Stat. Court-ordered expunction of criminal history records. Rule References Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.

« Pt. III. », « Rule 5.600. » Fla. Prob. R. 5.600

RULE 5.600. OATH. Every guardian or emergency temporary guardian shall take an oath to perform faithfully the duties of guardian or emergency temporary guardian before exercising such authority. The oath may be incorporated in the petition for appointment of guardian, or petition for appointment of emergency temporary guardian, if verified by the prospective guardian. COMMITTEE NOTES Rule History 1977 Revision: Change in committee notes to conform to statutory renumbering. Rule permits oath of guardian to be incorporated in petition for appointment and in designation of resident agent. 1984 Revision: Editorial change and deletes genders. 1989 Revision: Prior rule adopted as temporary emergency rule. 1991 Revision: Permits oath to be incorporated in application for appointment of guardian, adds reference to temporary emergency guardian, and makes editorial change. 1992 Revision: Editorial changes. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.347, Fla. Stat. Oath of guardian.

« Pt. III. », « Rule 5.610. » Fla. Prob. R. 5.610

RULE 5.610. EXECUTION BY GUARDIAN. The guardian shall sign the: (a) initial guardianship plan; (b) inventory, amended inventory, or supplemental inventory; (c) annual guardianship plan; (d) annual accounting; (e) guardian’s petition for court approval required by law; (f) petition for discharge; (g) final report; and (h) resignation of guardian. COMMITTEE NOTES Rule History 1975 Revision: Rule lists what guardian shall sign and includes any petition for court approval required by F.S. 744.441. The rule requires that the guardian have actual knowledge of the more important steps and acts of administration. 1977 Revision: Change in statutory reference in rule and in committee note to conform to statutory renumbering. 1988 Revision: Editorial changes. Committee notes revised. Citation form changes in rule and committee notes. 1989 Revision: Follows statutory requirements. See 549 So. 2d 665, 668 (effective October 1, 1989). 1991 Revision: Changes to conform to 1989 and 1990 revisions to guardianship law. Adds additional documents to be signed by the guardian. Statutory references added. 2003 Revision: Committee notes revised.

2008 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla. Stat. Annual accounting. § 744.387, Fla. Stat. Settlement of claims. § 744.441, Fla. Stat. Powers of guardian upon court approval. § 744.446, Fla. Stat. Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. § 744.447, Fla. Stat. Petition for authorization to act. § 744.451, Fla. Stat. Order. § 744.467, Fla. Stat. Resignation of guardian. § 744.511, Fla. Stat. Accounting upon removal. § 744.521, Fla. Stat. Termination of guardianship. § 744.524, Fla. Stat. Termination of guardianship on change of domicile of resident ward. § 744.527(1), Fla. Stat. Final reports and application for discharge; hearing. § 744.534, Fla. Stat. Disposition of unclaimed funds held by guardian.

« Pt. III. », « Rule 5.620. » Fla. Prob. R. 5.620

RULE 5.620. INVENTORY. (a) Inventory. Within 60 days after issuance of letters, the guardian of the property shall file a verified inventory as required by law. All property not in the guardian’s possession as of the date the inventory is filed shall be so identified. (b) Amended or Supplemental Inventory. If the guardian of the property learns of any property not included in the inventory, or learns that the description in the inventory is inaccurate, the guardian shall, within 30 days of this discovery, file a verified amended or supplemental inventory showing the change. (c) Substantiating Documents. Unless ordered by the court, the guardian need not file the documents substantiating the inventory. Upon reasonable written request, the guardian of the property shall make the substantiating documents available for examination to those persons entitled to receive or inspect the inventory. (d) Safe-Deposit Box Inventory. If the ward has a safe-deposit box, a copy of the safe-deposit box inventory shall be filed as part of the verified inventory. (e) Guardian Advocates. This rule shall apply to a guardian advocate to the extent that the guardian advocate was granted authority over the property of the person with a developmental disability. COMMITTEE NOTES Rule History 1977 Revision: Change in committee notes to conform to statutory renumbering. 1984 Revision: Change to require inventory to be filed within 60 days after issuance of letters, rather than after appointment. Committee notes revised. 1988 Revision: Editorial changes. Committee notes revised. Citation form change in committee notes.

1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Former rule 5.620(b) has been deleted as partly substantive and addressed in section 744.381, Florida Statutes, and the procedural part is unnecessary. The committee recognizes the conflict between this rule and section 744.362, Florida Statutes, which requires the filing of the initial guardianship report (which includes the inventory) within 60 days after appointment. The committee believes this provision, which attempts to regulate when a paper must be filed with the court, is procedural and that a guardian may not receive letters of guardianship empowering the guardian to act contemporaneously with the appointment. Therefore, the issuance of letters is a more practical time from which to measure the beginning of the time period for the accomplishment of this act. 1992 Revision: Citation form changes in committee notes. 2005 Revision: Editorial changes in (d). 2007 Revision: Committee notes revised. 2008 Revision: Adds reference to guardian advocate in new (e). Committee notes revised. 2012 Revision: Committee notes revised. 2016 Revision: Subdivision (c) revised to substitute “documents” for “papers.” Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.362, Fla. Stat. Initial guardianship report. § 744.365, Fla. Stat. Verified inventory. § 744.3701, Fla. Stat. Inspection of report. § 744.381, Fla. Stat. Appraisals. § 744.384, Fla. Stat. Subsequently discovered or acquired property. Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.649 Guardian advocate. Fla. Prob. R. 5.690 Initial guardianship report. Fla. Prob. R. 5.700 Objection to guardianship reports. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. III. », « Rule 5.625. » Fla. Prob. R. 5.625

RULE 5.625. NOTICE OF COMPLETION EDUCATION REQUIREMENTS.

OF

GUARDIAN

(a) Filing. Unless the guardian education requirement is waived by the court, each guardian, other than a professional guardian, shall file with the court within 4 months after the issuance of letters of guardianship or letters of guardian advocacy a notice of completion of guardian education requirements. (b) Content. The notice shall state: (1) that the guardian has completed the required number of hours of course instruction and training covering the legal duties and responsibilities of a guardian, the rights of a ward, the availability of local resources to aid a ward, and the preparation of habilitation plans and annual guardianship reports, including accountings; (2) the date the course was completed; (3) the name of the course completed; and (4) the name of the entity or instructor that taught the course. (c) Verification. The notice shall be verified by the guardian. COMMITTEE NOTES Rule History. 2005 Revision: New rule. 2006 Revision: Subdivision (a) amended to conform to 2006 amendment to section 744.3145(4), Florida Statutes. 2008 Revision: Adds reference in (a) to guardian advocacy. Committee notes revised. Statutory References. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.3145, Fla. Stat. Guardian education requirements.

« Pt. III. », « Rule 5.630. » Fla. Prob. R. 5.630

RULE 5.630. PETITION FOR APPROVAL OF ACTS. (a) Contents. (1) When authorization or confirmation of any act of the guardian is required under section 744.441(1), Florida Statutes, application shall be made by verified petition stating the facts showing: (A) the expediency or necessity for the action; (B) a description of any property involved; (C) the price and terms of any sale, mortgage, or other contract; (D) whether the ward has been adjudicated incapacitated to act with respect to the rights to be exercised; (E) whether the action requested conforms to the guardianship plan; and (F) the basis for the relief sought. (2) When authorization or confirmation of any act of the guardian is required under section 744.441(2), Florida Statutes, application shall be made by verified petition attaching any affidavits and supporting documentation, including any living will, and stating the facts showing: (A) the name and location of the ward; (B) the names, relationship to the ward, and addresses if known to the guardian, of: (i) the ward’s spouse and adult children, (ii) the ward’s parents, (iii) the ward’s next of kin, (iv) any guardian and any court-appointed health care decisionmaker, (v) any person designated by the ward in a living will or other document to exercise the ward’s health care decision in the event of

the ward’s incapacity, (vi) the administrator of the hospital, nursing home, or other facility where the ward is located, (vii) the ward’s principal treating physician and other physicians known to have provided any medical opinion or advice about any condition of the ward relevant to this petition, and (viii) all other persons the guardian believes may have information concerning the expressed wishes of the ward; and (C) facts sufficient to establish the need for the relief requested. (b) Notice. No notice of a petition to authorize sale of perishable personal property or of property rapidly deteriorating shall be required. Notice of a petition to perform any other act requiring a court order shall be given to the ward, to the next of kin, if any, and to those persons who have filed requests for notices and copies of pleadings. (c) Order. (1) If the act is authorized or confirmed, the order shall describe the permitted act and authorize the guardian to perform it or confirm its performance. (2) If a sale or mortgage is authorized or confirmed, the order shall describe the property. If a sale is to be private, the order shall specify the price and the terms of the sale. If a sale is to be public, the order shall state that the sale shall be made to the highest bidder and that the court reserves the right to reject all bids. (3) If the guardian is authorized to bring an action to contest the validity of all or part of a revocable trust, the order shall contain a finding that the action appears to be in the ward’s best interests during the ward’s probable lifetime. If the guardian is not authorized to bring such an action, the order shall contain a finding concerning the continued need for a guardian and the extent of the need for delegation of the ward’s rights. (d) Hearings. A preliminary hearing on any petition filed under section 744.441(2), Florida Statutes, shall be held within 72 hours after the filing of the petition. At that time, the court shall review the petition and supporting documentation. In its discretion, the court shall either:

(1) rule on the relief requested immediately after the preliminary hearing; or (2) conduct an evidentiary hearing not later than 4 days after the preliminary hearing and rule on the relief requested immediately after the evidentiary hearing. COMMITTEE NOTES Rule History 1975 Revision: Substantially the same as sections 744.503, 744.447, and 744.451, Florida Statutes, with editorial changes. 1977 Revision: Change in statutory reference in rule and in committee note to conform to statutory renumbering. 1980 Revision: Implements 1979 Amendments to section 744.447(2), Florida Statutes. 1988 Revision: Editorial changes; captions added to subdivisions. Committee notes revised. Citation form changes in rule and committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Changes to conform to 1989 revised guardianship law. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2006 Revision: New (a)(6) added to incorporate 2006 amendment to section 744.441, Florida Statutes. New (c)(3) added to reflect passage of 2006 amendment to section 737.2065, Florida Statutes. Committee notes revised. 2007 Revision: Committee notes revised. 2008 Revision: Committee notes revised. 2012 Revision: Committee notes revised. 2020 Revision: Subdivision (a)(2) is created to address section 744.441(2), Florida Statutes, and the contents of a petition for court approval for a guardian to sign an order not to resuscitate. Subdivision (d) is created to

include the procedure for a hearing pursuant to section 744.441(2), Florida Statutes. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 736.0207, Fla. Stat. Trust contests. § 744.3215, Fla. Stat. Rights of persons determined incapacitated. § 744.441, Fla. Stat. Powers of guardian upon court approval. § 744.447, Fla. Stat. Petition for authorization to act. § 744.451, Fla. Stat. Order. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.636 Settlement of minors’ claims. Fla. Prob. R. 5.649 Guardian advocate. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. III. », « Rule 5.635. » Fla. Prob. R. 5.635

RULE 5.635. PETITION FOR EXTRAORDINARY AUTHORITY. (a) Contents. When authorization for extraordinary authority is sought as permitted by law, application shall be made by verified petition stating: (1) the petitioner’s interest in the proceeding; (2) the specific authority requested; and (3) the facts constituting the basis for the relief sought and that the authority being requested is in the best interest of the ward. (b) Notice. (1) The petition shall be served by formal notice. For good cause shown, the court may shorten the time for response to the formal notice and may set an expedited hearing. (2) The petition shall be served on the guardian of the person, if the guardian is not the petitioner, the ward, the next of kin, if any, those interested persons who have filed requests for notices and copies of pleadings, and such other persons as the court may direct. (c) Hearing. The hearing shall be at a time and place that will enable the ward to express the ward’s views to the court. COMMITTEE NOTES Rule History 1991 Revision: New rule. 1992 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.3215(4), Fla. Stat. Rights of persons determined incapacitated. § 744.3725, Fla. Stat. Procedure for extraordinary authority.

« Pt. III. », « Rule 5.636. » Fla. Prob. R. 5.636

RULE 5.636. SETTLEMENT OF MINORS’ CLAIMS. (a) Time of Settlement. Claims on behalf of minors may be settled either before or after an action is filed. (b) Petition. The petition for approval of a settlement shall contain: (1) the initials, residence address, and the year of birth of the minor; (2) the name and address of any guardian appointed for the minor; (3) the name and residence address of the natural guardians or other persons having legal custody of the minor; (4) a statement disclosing the interests of any natural or court-appointed guardian whose interest may be in conflict with that of the minor; (5) a description of the cause of action in which the minor’s interest arises; (6) a summary of the terms of the proposed settlement; and (7) copies of all agreements, releases, or other documents to be executed on behalf of the minor. (c) Notice. Notice of the petition shall be given to the court-appointed guardians for the minor, to the natural guardians or other persons with legal custody of the minor, to the minor if age 14 or older, and to the minor’s next of kin if required by the court. (d) Guardian Ad Litem. The court shall appoint a guardian ad litem on behalf of a minor, without bond or notice, with respect to any proposed settlement that equals or exceeds $50,000 and affects the interests of the minor, if: (1) there is no court-appointed guardian of the minor; (2) the court-appointed guardian may have an interest adverse to the minor; or (3) the court determines that representation of the minor’s interest is otherwise inadequate.

(e) Valuation of Proposed Settlement. A proposed settlement is deemed to equal or exceed $50,000 if the gross amount payable equals or exceeds $50,000, without reduction to reflect present value or fees and costs. (f) Report. A guardian ad litem appointed with respect to a proposed settlement affecting the interests of a minor shall, not later than 5 days prior to the hearing on a petition for order authorizing settlement, file and serve a report indicating the guardian ad litem’s determination regarding whether the proposed settlement will be in the best interest of the minor. The report shall include: (1) a statement of the facts of the minor’s claim and the terms of the proposed settlement, including any benefits to any persons or parties with related claims; (2) a list of the persons interviewed and documents reviewed by the guardian ad litem in evaluating the minor’s claim and proposed settlement; and (3) the guardian ad litem’s analysis of whether the proposed settlement will be in the best interest of the minor. A copy of the report shall be served on those persons on whom service is required in subdivision (c) of this rule. COMMITTEE NOTES When a civil action is pending, the petition for approval of settlement should be filed in that civil action. In all other circumstances, the petition for approval of settlement should be filed in the same court and assigned to a judge who would preside over a petition for appointment of guardian of a minor. The total settlement to be considered under subdivisions (d) and (e) is not limited to the amounts received only by the minor, but includes all settlement payments or proceeds received by all parties to the claim or action. For example, the proposed settlement may have a gross value of $60,000, with $30,000 payable to the minor and $30,000 payable to another party. In that instance the total proposed settlement exceeds $50,000. Further, the “gross amount payable” under subdivision (e) is the total sum payable, without reducing the settlement amount by fees and costs that might be paid from the

proceeds of the settlement. For example, if the proposed settlement is $60,000 but $20,000 of that sum will be paid to the attorneys representing the minor’s interest in the action, the “gross amount payable” still exceeds $50,000. Likewise, the “gross amount payable” cannot be reduced to reflect the present value of the proposed settlement on behalf of the minor. Rule History 1992 Revision: New Rule. 2003 Revision: Committee notes revised. 2006 Revision: Amended to reflect 2006 passage of new section 744.3025, Claims of Minors, increasing dollar figure from $25,000 to $50,000 as threshold amount requiring appointment of guardian ad litem if interests of minor are not otherwise adequately represented. Committee notes revised. 2014 Revision: Amends subdivision (b)(1) to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised. 2019 Revision: Amends subdivisions (d) and (e) to eliminate inconsistency with section 744.3025, Florida Statutes. Committee notes revised. Statutory References § 744.3025, Fla. Stat. Claims of minors. § 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla. Stat. Actions by and against guardian or ward. § 744.441, Fla. Stat. Powers of guardian upon court approval. § 744.446, Fla. Stat. Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. § 744.447, Fla. Stat. Petition for authorization to act. § 744.23, Fla. Stat. Protection of minors and incompetents. § 768.25, Fla. Stat. Court approval of settlements. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.042 Time.

Fla. Prob. R. 5.120 Administrator ad litem and guardian ad litem. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.630 Petition for approval of acts. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.

« Pt. III. », « Rule 5.640. » Fla. Prob. R. 5.640

RULE 5.640. CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE OF WARD. (a) Continuance of Business. When the ward is adjudicated incapacitated while engaged in any unincorporated business or venture, or the court finds that a person with a developmental disability lacks capacity to manage an unincorporated business or venture, the court may authorize the guardian to continue the business or venture for a reasonable time under the supervision of the court. (b) Petition. Before an order is made under subdivision (a), the guardian shall file a verified petition, alleging sufficient facts to make it appear that it is in the best interest of the ward’s estate to continue the business or venture. (c) Order. The order authorizing the continuance of the business or venture may empower the guardian to make contracts necessary to conduct the business or venture and to incur debts and pay out money in the proper conduct of the business or venture. The net profits only of the business or venture are to be added to the assets of the ward’s estate. (d) Accounts and Reports. In the conduct of the business or venture, the guardian shall keep full and accurate accounts of all receipts and expenditures and make reports as the court requires. (e) Discontinuance of business. Any person interested in the ward’s estate may at any time petition the court for an order requiring the guardian to discontinue and to wind up the business or venture, and the court, after notice to the guardian, shall enter such order thereon as is in the best interest of the ward’s estate. COMMITTEE NOTES Rule History 1975 Revision: Implements section 744.441(16), Florida Statutes. The rule is patterned after rule 5.350 pertaining to the continuance of a business of a decedent by a personal representative.

1977 Revision: No change in rule. Change in committee note to conform to statutory renumbering. 1988 Revision: Change in title of rule; captions added to subdivisions. Committee notes revised. Citation form changes in committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Editorial changes in (a), (b), and (e). 1992 Revision: Citation form changes in committee notes. 2008 Revision: Subdivision (a) amended to include persons with a developmental disability. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.3085, Fla. Stat. Guardian advocates. § 744.441(13), Fla. Stat. Powers of guardian upon court approval. § 744.447, Fla. Stat. Petition for authorization to act. Rule Reference Fla. Prob. R. 5.350 Continuance of unincorporated business or venture.

« Pt. III. », « Rule 5.645. » Fla. Prob. R. 5.645

RULE 5.645. MANAGEMENT OF PROPERTY OF NONRESIDENT WARD BY FOREIGN GUARDIAN. (a) Petition. A guardian of the property of a nonresident ward, duly appointed by a court of another state, territory, or country, who desires to manage any part or all of the property of the ward located in this state, may file a verified petition for authority to manage the property. The petition shall state: (1) the circumstances of the guardian’s appointment; (2) a description of the property and its estimated value; and (3) the indebtedness, if any, existing against the ward in this state. (b) Designation of Resident Agent. The guardian shall designate a resident agent as required by these rules. (c) Oath. The guardian shall file an oath as required by these rules. (d) Filing of Authenticated Copies. The guardian shall file authenticated copies of: (1) letters of guardianship or other authority to act as guardian; and (2) bond or other security, if any. (e) Order. The court shall determine if the foreign bond or other security is sufficient to guarantee the faithful management of the ward’s property in this state. The court may require a new guardian’s bond in this state in an amount it deems necessary. The order shall authorize the guardian to manage the property and shall specifically describe the property. COMMITTEE NOTES Rule History 2007 Revision: New rule. Statutory References § 744.306, Fla. Stat. Foreign guardians.

§ 744.307, Fla. Stat. Foreign guardian may manage the property of nonresident ward. Rule References Fla. Prob. R. 5.110 Address designation for personal representative or guardian; designation of resident agent and acceptance. Fla. Prob. R. 5.600 Oath.

« Pt. III. », « Rule 5.646. » Fla. Prob. R. 5.646

RULE 5.646. STANDBY GUARDIANS. (a) Petition for Appointment of Standby Guardian for Minor. (1) Contents. A minor’s guardian or the natural guardians of a minor may petition for the appointment of a standby guardian of the person or property of the minor. The petition shall be verified by the petitioner and shall state: (A) the facts to establish venue; (B) the petitioner’s residence and post office address; (C) the name, age, and residence and post office address of the minor; (D) the names and addresses of the parents of the minor and, if none, the next of kin known to the petitioner; (E) the name and residence and post office address of the proposed standby guardian, and that the proposed standby guardian is qualified to serve; (F) the proposed standby guardian’s relationship to and any previous association with the minor; (G) the reasons why the proposed standby guardian should be appointed; and (H) the nature and value of the property subject to the guardianship. (2) Notice and Waiver of Notice. Notice of the hearing on the petition must be served on the parents, natural or adoptive, of the minor and on any guardian for the minor. Notice may be waived by those required to receive notice or by the court for good cause. (b) Petition for Appointment of Standby Guardian for Incapacitated Person. (1) Contents. A currently serving guardian may petition for the appointment of a standby guardian of the person or property of an incapacitated person. The petition shall be verified by the petitioner and shall state:

(A) the petitioner’s residence and post office address; (B) the name, age, and residence and post office address of the incapacitated person; (C) the nature of the incapacity, the extent of guardianship, either limited or plenary, and the nature and value of property subject to the guardianship; (D) the names and addresses of the next of kin of the incapacitated person known to the petitioner; (E) the name and residence and post office address of the proposed standby guardian, and that the proposed standby guardian is qualified to serve; (F) the proposed standby guardian’s relationship to and any previous association with the incapacitated person; and (G) the reasons why the proposed standby guardian should be appointed. (2) Notice. Notice of the hearing on the petition must be served on the incapacitated person’s next of kin. (c) Petition for Confirmation. (1) Contents. A standby guardian, not later than 20 days after the assumption of duties as guardian, shall petition for confirmation of appointment. The petition shall be verified by the petitioner and shall state: (A) the petitioner’s residence and post office address; (B) the name, age, and residence and post office address of the adult incapacitated person or initials, year of birth, and residence address of minor; (C) the nature of the incapacity, the extent of guardianship, either limited or plenary, and the nature and value of property subject to the guardianship; (D) the names and addresses of the next of kin of the incapacitated person or minor known to the petitioner; (E) the name and residence and post office address of the proposed

guardian, and that the proposed guardian is qualified to serve; (F) the proposed guardian’s relationship to and any previous association with the incapacitated person or minor; (G) the reasons why appointment of the proposed guardian should be confirmed; and (H) if the proposed guardian is a professional guardian, a statement that the proposed guardian has complied with the educational requirements of section 744.2002, Florida Statutes. (2) Service. The petition for confirmation and notice of hearing shall be served on the incapacitated person’s next of kin a reasonable time before the hearing on the petition or other pleading seeking confirmation of the guardian. COMMITTEE NOTES The standby guardian must file an oath pursuant to rule 5.600 before commencing the exercise of authority as guardian. Prior to appointment, the standby guardian must file an application pursuant to rule 5.590. Section 393.12(10), Florida Statutes, provides that a guardian advocate shall have all of the duties, responsibilities, and powers of a guardian under Chapter 744, Florida Statutes. However, section 744.304 authorizes the appointment of a standby guardian only for a minor or incapacitated person. Rule History 2006 Revision: New rule. 2008 Revision: Committee notes revised. 2014 Revision: Subdivision (c)(1)(B) amended to conform to Fla. R. Gen. Prac. & Jud. Admin. 2.425. Committee notes revised. 2016 Revision: Subdivision (c)(1)(H) amended to reflect the renumbering of section 744.1083 to section 744.2002, Florida Statutes. Committee notes revised. Statutory Reference § 744.304, Fla. Stat. Standby guardianship.

Rule References Fla. Prob. R. 5.590 Application for appointment as guardian; disclosure statement; filing. Fla. Prob. R. 5.600 Oath. Fla. R. Gen. Prac. & Jud. Admin. 2.425 Minimization of the Filing of Sensitive Information.

« Pt. III. », « Rule 5.647. » Fla. Prob. R. 5.647

RULE 5.647. SURROGATE GUARDIAN. (a) Petition for Designation of Surrogate Guardian. A guardian may file a petition to designate a surrogate guardian to exercise the powers of the guardian if the guardian is unavailable to act. The surrogate must be a professional guardian. The petition shall state: (1) the name and business address of the surrogate guardian; (2) the requested duration of the appointment; and (3) the powers to be exercised by the surrogate guardian. (b) Service. The petition for appointment of a surrogate guardian shall be served on all interested persons and the ward, unless the ward is a minor. (c) Oath. The surrogate guardian must file with the court an oath swearing or affirming that the surrogate guardian will faithfully perform the duties delegated. (d) Termination. Prior to the expiration of the period granted by court order, the guardian may terminate the authority of the surrogate guardian by filing a written notice of the termination with the court and serving it on the surrogate guardian. COMMITTEE NOTES Rule History 2006 Revision: New rule. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.442, Fla. Stat. Delegation of authority.

« Pt. III. », « Rule 5.648. » Fla. Prob. R. 5.648

RULE 5.648. EMERGENCY TEMPORARY GUARDIAN. (a) Petition for Appointment of Emergency Temporary Guardian. Prior to appointment of a guardian but after a petition for determination of incapacity has been filed, the alleged incapacitated person or any adult interested in the welfare of that person may petition for the appointment of an emergency temporary guardian of the person or property. The petition shall be verified and shall state: (1) the petitioner’s residence and post office address; (2) the name, age, and residence and post office address of the alleged incapacitated person; (3) that there appears to be imminent danger that the physical or mental health or safety of the alleged incapacitated person will be seriously impaired or that the alleged incapacitated person’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken; (4) the nature of the emergency and the reason immediate action must be taken; (5) the extent of the emergency temporary guardianship, either limited or plenary, requested for the alleged incapacitated person, and, if known, the nature and value of the property to be subject to the emergency temporary guardianship; (6) the names and addresses of the next of kin of the alleged incapacitated person known to the petitioner; (7) the name and residence and post office address of the proposed emergency temporary guardian, and that the proposed emergency temporary guardian is qualified to serve, or that a willing and qualified emergency temporary guardian has not been located, and; (8) the proposed emergency temporary guardian’s relationship to or any previous association with the alleged incapacitated person. (b) Notice. Notice of filing of the petition for appointment of an emergency temporary guardian and hearing on the petition must be served on

the alleged incapacitated person and on the alleged incapacitated person’s attorney at least 24 hours before the hearing on the petition is commenced, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given. (c) Service on Public Guardian. If the petitioner requests appointment of the public guardian as emergency temporary guardian, a copy of the petition and notice shall be served on the public guardian. (d) Order. The order appointing the emergency temporary guardian shall specify the powers and duties of the emergency temporary guardian. (e) Extension of Authority. Prior to the expiration of the authority of the emergency temporary guardian, any interested person may file a verified petition for extension of authority of the emergency temporary guardian. The petition must show that the conditions that warranted the initial appointment of the emergency temporary guardian still exist. The petition shall be served on the ward’s attorney and on the emergency guardian. (f) Final Report. An emergency temporary guardian shall file a final report no later than 30 days after the expiration of the emergency temporary guardianship. A copy of the final report shall be served on the successor guardian, if any, the ward, and the ward’s attorney. With approval of the court, service on the ward may be accomplished by serving the attorney for the ward. (1) If the emergency temporary guardian is a guardian of the property, the final report shall consist of a verified inventory of the ward’s property as of the date letters of emergency temporary guardianship were issued, a final accounting that gives a full and correct account of the receipts and disbursements of all the ward’s property over which the guardian had control, and a statement of the property on hand at the end of the emergency temporary guardianship. (2) If the emergency temporary guardian is a guardian of the person, the final report shall summarize the activities of the guardian with regard to residential placement, medical condition, mental health and rehabilitative services, and the social condition of the ward to the extent of the authority granted to the emergency temporary guardian. (3) If the emergency temporary guardian becomes the successor

guardian of the property or person of the ward, the final report must satisfy the requirements of, and shall serve as, the initial report of the guardian of the property or person of the ward, as the case may be, as set forth in rule 5.690. COMMITTEE NOTES Rule History 2007 Revision: New rule. 2015 Revision: Amended subdivision (b) to conform to statutory changes in section 744.3031(2), Florida Statutes. Committee notes revised. 2016 Revision: Committee notes revised to reflect renumbering of section 744.344(4) to section 744.2005, Florida Statutes. Updated statutory references. Statutory References § 744.3031, Fla. Stat. Emergency temporary guardianship. § 744.2005, Fla. Stat. Order of appointment. Rule References Fla. Prob. R. 5.600 Oath. Fla. Prob. R. 5.690 Initial Guardianship Report.

« Pt. III. », « Rule 5.649. » Fla. Prob. R. 5.649

RULE 5.649. GUARDIAN ADVOCATE. (a) Petition for Appointment of Guardian Advocate. A petition to appoint a guardian advocate for a person with a developmental disability may be executed by an adult person who is a resident of this state. The petition must be verified by the petitioner and must state: (1) the name, age, and present address of the petitioner and the petitioner’s relationship to the person with a developmental disability; (2) the name, age, county of residence, and present address of the person with a developmental disability; (3) that the petitioner believes that the person needs a guardian advocate and the factual information on which such belief is based; (4) the exact areas in which the person lacks the ability to make informed decisions about the person’s care and treatment services or to meet the essential requirements for the person’s physical health or safety; (5) the legal disabilities to which the person is subject; (6) if authority is sought over any property of the person, a description of that property and the reason why management or control of that property should be placed with a guardian advocate; (7) the name of the proposed guardian advocate, the relationship of the proposed guardian advocate to the person with a developmental disability, the relationship of the proposed guardian advocate with the providers of health care services, residential services, or other services to the person with developmental disabilities, and the reason why the proposed guardian advocate should be appointed. If a willing and qualified guardian advocate cannot be located, the petition must so state; (8) whether the petitioner has knowledge, information, or belief that the person with a developmental disability has executed a designation of health care surrogate or other advance directive under chapter 765, Florida Statutes, or a durable power of attorney under chapter 709, Florida Statutes, and if the person with a developmental disability has executed

any of the foregoing documents, an explanation as to why the documents are insufficient to meet the needs of the individual; and (9) whether the petitioner has knowledge, information, or belief that the person with a developmental disability has a preneed guardian designation. (b) Notice. (1) Notice of the filing of the petition must be given to the person with a developmental disability, both verbally and in writing, in the language of the person and in English. Notice must also be given to the person with a developmental disability’s next of kin, any designated health care surrogate, an agent designated in a durable power of attorney, and such other persons as the court may direct. A copy of the petition to appoint a guardian advocate must be served with the notice. (2) The notice must state that a hearing will be held to inquire into the capacity of the person with a developmental disability to exercise the rights enumerated in the petition. The notice must also state the date of the hearing on the petition. (3) The notice must state that the person with a developmental disability has the right to be represented by counsel of the person’s own choice and the court must initially appoint counsel. (c) Counsel. Within 3 days after a petition has been filed, the court must appoint an attorney to represent a person with a developmental disability who is the subject of a petition to appoint a guardian advocate. The person with a developmental disability may substitute his or her own attorney for the attorney appointed by the court. (d) Order. If the court finds the person with a developmental disability requires the appointment of a guardian advocate, the order appointing the guardian advocate must contain findings of facts and conclusions of law, including: (1) the nature and scope of the person’s inability to make decisions; (2) the exact areas in which the person lacks ability to make informed decisions about care and treatment services or to meet the essential requirements for the individual’s physical health and safety; (3) if any property of the person is to be placed under the management

or control of the guardian advocate, a description of that property, any limitations as to the extent of such management or control, and the reason why management or control by the guardian advocate of that property is in the best interest of the person; (4) if the person has executed a designation of health care surrogate, other advance directive, or durable power of attorney, a determination as to whether the documents sufficiently address the needs of the person and a finding that the advance directive or durable power of attorney does not provide an alternative to the appointment of a guardian advocate that sufficiently addresses the needs of the person with a developmental disability; (5) if a durable power of attorney exists, the powers of the agent, if any, that are suspended and granted to the guardian advocate; (6) if an advance directive exists and the court determines that the appointment of a guardian advocate is necessary, the authority, if any, the guardian advocate exercises over the health care surrogate; (7) the specific legal disabilities to which the person with a developmental disability is subject; (8) the name of the person selected as guardian advocate; and (9) the powers, duties, and responsibilities of the guardian advocate, including bonding of the guardian advocate as provided by law. (e) Issuance of Letters. Upon compliance with all of the foregoing, letters of guardian advocacy must be issued to the guardian advocate. COMMITTEE NOTES Rule History 2008 Revision: New rule. 2013 Revision: New subdivisions (a)(6) and (d)(3) added to address situations in which the guardian advocate will have authority over the property of the person with a developmental disability. New subdivision (e) added to provide for the issuance of letters of guardian advocacy. Editorial changes to subdivisions (a)(7) and (b)(3). Editorial changes to conform to the

court’s guidelines for rules submissions as set forth in AOSC06-14. 2019 Revision: Subdivisions (b)(1) and (d)(5) amended to change “attorney-in-fact” to “agent” to be consistent with chapter 709, Florida Statutes. Committee notes updated to reflect the legislative amendments to chapter 709, Florida Statutes. 2020 Revision: Amends subdivision (a)(8) to address the Judicial Management Council Guardianship Workgroup Final Report dated June 15, 2018, Focus Area 1, Recommendation 3, by requiring an explanation if there are less restrictive alternatives to guardianship, but they are not sufficient to meet the needs of the person with a developmental disability. Adds a new subdivision (a)(9) to address the Judicial Management Council Guardianship Workgroup Final Report dated June 15, 2018, Focus Area 1, Recommendation 4, by requiring a statement of the petitioner’s knowledge of any preneed guardian designation. Committee notes revised. Statutory References § 393.063(9), Fla. Stat. Definitions. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. §§ 709.2101-709.2402, Fla. Stat. Florida Power of Attorney Act. § 709.2019, Fla. Stat. Termination or suspension of power of attorney or agent’s authority. § 744.3045, Fla. Stat. Preneed guardian. § 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765.202, Fla. Stat. Designation of a health care surrogate. § 765.204, Fla. Stat. Capacity of principal; procedure. § 765.205(3), Fla. Stat. Responsibility of the surrogate. § 765.302, Fla. Stat. Procedure for making a living will; notice to physician. § 765.401, Fla. Stat. The proxy. Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.540 Hearings. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability.

« Pt. III. », « Rule 5.650. » Fla. Prob. R. 5.650

RULE 5.650. RESIGNATION OR DISQUALIFICATION GUARDIAN; APPOINTMENT OF SUCCESSOR.

OF

(a) Resignation and Petition for Discharge. A guardian seeking to resign shall file a resignation and petition for discharge. (b) Contents. The resignation and petition for discharge shall state: (1) that the guardian wishes to resign and be relieved of all duties as guardian; (2) the amount of compensation to be paid to the guardian and to the attorneys, accountants, or other agents employed by the guardian; and (3) the names and addresses of the successor guardian and the successor guardian’s attorney, or that a successor guardian has not yet been appointed or duly qualified. (c) Final Report. A resigning guardian of the property shall file a final report showing receipts, disbursements, amounts reserved for unpaid and anticipated costs and fees, and other relevant financial information from the date of the previous annual accounting, and a list of assets to be turned over to the successor guardian. (d) Notice. A notice shall be served stating that: (1) any objection shall be in writing and shall state with particularity each item to which the objection is directed and the grounds on which the objection is based; (2) any objection to the resignation, petition for discharge, or final report shall be filed within 30 days from the date of service of the petition for discharge; and (3) within 90 days after filing of the objection, a notice of hearing thereon shall be served or the objection is abandoned. (e) Service. A copy of the resignation, petition for discharge, final report, and notice of resignation and petition for discharge shall be served on the ward, any surety on the guardian’s bond, any successor guardian, and such

other persons as the court may direct. (f) Objections. Objections shall be in the form and be filed within the time set forth in the notice of resignation and petition for discharge. A copy of the objections shall be served by the objector on the ward, all guardians, any surety on the guardian’s bond, and any successor guardian. (g) Disposition of Objections. Any interested person may set a hearing on the objections. Notice of the hearing shall be served on the guardian, the successor guardian, if any, and any other interested persons. If a notice of hearing on the objections is not served within 90 days of filing of the objections, the objections will be deemed abandoned. (h) Discharge. The guardian’s resignation shall not be accepted and the guardian shall not be discharged until all objections have been withdrawn, abandoned, or judicially resolved and a successor guardian has been appointed and duly qualified. After all objections have been withdrawn, abandoned, or judicially resolved, if the court is satisfied that the resigning guardian has faithfully discharged the duties of the guardianship and the interests of the ward are protected, and the resigning guardian of the property has delivered the assets of the ward, all guardianship records, and all money due to the ward from the guardian to the remaining or successor guardian, the court shall enter an order accepting resignation of guardian and granting discharge. (i) Disqualification. Any guardian who is improperly appointed, or who becomes disqualified to act after appointment, shall immediately file a resignation and petition for discharge and proceed in accordance with this rule. (j) Nonresident Guardians. Nonresident guardians appointed before October 1, 1989, shall not be automatically disqualified to serve and shall not be required to resign and initiate their own removal. (k) Guardian Advocates. This rule shall apply to guardian advocates, except that a final report shall be required of a guardian advocate only if the guardian advocate’s authority included the management of the property of the person with a developmental disability. COMMITTEE NOTES

Rule History 1975 Revision: Substantially the same as sections 744.467 and 744.471, Florida Statutes, with editorial changes. 1977 Revision: No change in rule. Change in committee note to conform to statutory renumbering. 1988 Revision: Editorial changes in (a). Text of rule 5.590 inserted in (b). Editorial change in (c). Captions added to subdivisions. Committee notes revised. Citation form changes in committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Substantial revision of entire rule to harmonize with procedure for termination of guardianship under rules 5.670 and 5.680. Subdivision (k) transferred from temporary emergency rule 5.800. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2007 Revision: Subdivision (i) deleted because right of waiver is substantive. Subsequent subdivisions relettered. 2008 Revision: Subdivision (k) added to include guardian advocates. Committee notes revised. 2012 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.102(11), Fla. Stat. Definitions. § 744.3085, Fla. Stat. Guardian advocates. § 744.467, Fla. Stat. Resignation of guardian. § 744.471, Fla. Stat. Appointment of successor. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.649 Guardian advocate. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. III. », « Rule 5.660. » Fla. Prob. R. 5.660

RULE 5.660. PROCEEDINGS FOR REMOVAL OF GUARDIAN. (a) Notice. Proceedings for removal of a guardian may be instituted by a court, by any surety or other interested person, or by the ward, and formal notice of the petition for removal of a guardian must be served on all guardians, other interested persons, next of kin, and the ward. The pleading must state with particularity the reasons why the guardian should be removed. (b) Accounting. A removed guardian must file with the court an accounting for the guardianship within 20 days after the guardian’s removal. A copy of the accounting must be served on the successor guardian and the ward, unless the ward is a minor or has been determined to be totally incapacitated. (c) Transfer of Property and Records. The removed guardian (or the guardian’s heirs, personal representative, or surety) must turn over all the property of the ward in the removed guardian’s control and all guardianship records to the duly qualified successor. The successor guardian must, or the ward may, demand of the removed guardian (or the guardian’s heirs, personal representative, or surety) all of those items. (d) Failure to Comply. If a removed guardian fails to file a true, complete, and final accounting for the guardianship or to turn over to the successor all property of the ward in the removed guardian’s control and all guardianship records, the court must issue a show-cause order. (e) Guardian Advocates. Subdivisions (b) through (d) of this rule apply to guardian advocates only to the extent that the guardian advocate was granted authority over the property of the person with a developmental disability. COMMITTEE NOTES Rule History 1977 Revision: No change in rule. Change in committee notes to conform to statutory renumbering.

1980 Revision: Subdivision (a) amended to specifically authorize any guardian or next of kin to file the petition and to require formal notice in conformity with rule 5.630(b). 1984 Revision: Subdivision (b) amended to conform to statute. Editorial changes and committee notes revised. 1988 Revision: Subdivision (a) rewritten for clarity. Language in (b) deleted as surplusage. Editorial change in caption of (c). Committee notes revised. Citation form change in committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Subdivision (a) amended to require that the petition allege specific reasons why the guardian should be removed and to require service of the petition on the ward. Otherwise, editorial changes in all subdivisions. 1992 Revision: Citation form changes in committee notes. 2006 Revision: Requirement in (b) to serve minors deleted to conform to 2006 amendment to section 744.511, Florida Statutes. 2008 Revision: Subdivision (e) added to include guardian advocates. Committee notes revised. 2012 Revision: Committee notes revised. 2013 Revision: Subdivision (b) revised to conform to section 744.511, Florida Statutes. Committee notes revised. Editorial changes to conform to the court’s guidelines for rules submissions as set forth in AOSC06-14. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.3085, Fla. Stat. Guardian advocates. § 744.474, Fla. Stat. Reasons for removal of guardian. § 744.477, Fla. Stat. Proceedings for removal of a guardian. § 744.511, Fla. Stat. Accounting upon removal. § 744.514, Fla. Stat. Surrender of assets upon removal. § 744.517, Fla. Stat. Proceedings for contempt.

Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.649 Guardian advocate. Fla. R. Gen. Prac. & Jud. Admin. 2.420 Public access to judicial branch records. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. III. », « Rule 5.670. » Fla. Prob. R. 5.670

RULE 5.670. TERMINATION OF GUARDIANSHIP ON CHANGE OF DOMICILE OF RESIDENT WARD. (a) Petition for Discharge. The Florida guardian may file a petition for discharge when the domicile of a resident ward has changed to a foreign jurisdiction, the foreign court having jurisdiction over the ward at the ward’s new domicile has appointed a foreign guardian, and the foreign guardian has qualified and posted a bond in the amount required by the foreign court. (b) Contents of Petition. The petition for discharge shall state: (1) that the grounds set forth in subdivision (a) have occurred; (2) that the guardian has fully administered the Florida guardianship; and (3) the amount of compensation to be paid to the guardian and to the attorneys, accountants, or other agents employed by the guardian. (c) Final Report. The Florida guardian of the property shall file a final report showing receipts, disbursements, amounts reserved for unpaid and anticipated costs and fees, and other relevant financial information from the date of the previous annual accounting, and a list of the assets to be turned over to the foreign guardian. (d) Notice. The Florida guardian of the property shall publish a notice as required by law, which shall state: (1) the name of the ward; (2) the file number of the guardianship; (3) the designation and address of the court; (4) the name and address of the guardian and the guardian’s attorney; (5) the name and address of the foreign guardian and the foreign guardian’s attorney, if any; (6) the date of first publication; (7) that a petition for discharge has been filed upon the grounds of

change of domicile of the ward; (8) the date the guardian will apply for discharge; (9) that the jurisdiction of the ward will be transferred to the foreign jurisdiction; (10) that any objection shall be in writing and shall state with particularity each item to which the objection is directed and the grounds on which the objection is based; (11) that any objection to the final report or the petition for discharge shall be filed within the later of 30 days from the date of service of the petition for discharge or the date of first publication of the notice; and (12) that within 90 days after filing of the objection, a notice of hearing thereon shall be served or the objection is abandoned. (e) Service. A copy of the petition for discharge and of the notice of petition for discharge shall be served on the foreign guardian and such other persons as the court may direct. (f) Objections. Objections shall be in the form and be filed within the time set forth in the notice of petition for discharge. A copy of the objections shall be served by the objector on the Florida guardian and the foreign guardian. (g) Disposition of Objections. Any interested person may set a hearing on the objections. Notice of the hearing shall be served on the Florida guardian, the foreign guardian, and any other interested persons. If a notice of hearing on the objections is not served within 90 days of filing of the objections, the objections will be deemed abandoned. (h) Discharge. The Florida guardian may not be discharged until all objections have been withdrawn, abandoned, or judicially resolved. After all objections have been withdrawn, abandoned, or judicially resolved, if the court is satisfied that the Florida guardian has faithfully discharged the duties of the guardianship and the interests of the ward are protected, and the Florida guardian of the property has delivered the assets of the ward to the foreign guardian, the court shall enter an order of discharge. COMMITTEE NOTES

Rule History 1977 Revision: Change in committee notes to conform to statutory renumbering. 1984 Revision: Adds 30-day requirement for filing objections. Editorial changes and committee notes revised. 1988 Revision: Editorial change in (c). First and last sentences of (d) deleted and clarifying word added. 1989 Revision: Prior rule adopted as temporary emergency rule. 1991 Revision: Substantial revision of entire rule to harmonize with procedure for discharge of guardian under rule 5.680 and to conform to section 744.524, Florida Statutes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2007 Revision: Subdivision (i) deleted because right of waiver is substantive. Committee notes revised. 2008 Revision: Committee notes revised. 2012 Revision: Committee notes revised. 2016 Revision: Updated statutory references. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.102(8), (9), Fla. Stat. Definitions. § 744.1096, Fla. Stat. Domicile of ward. § 744.1097, Fla. Stat. Venue. § 744.1098, Fla. Stat. Change of ward’s residence. § 744.524, Fla. Stat. Termination of guardianship on change of domicile of resident ward. § 744.531, Fla. Stat. Order of discharge. Rule References

Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.680 Termination of guardianship. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. III. », « Rule 5.680. » Fla. Prob. R. 5.680

RULE 5.680. TERMINATION OF GUARDIANSHIP. (a) Petition for Discharge. When the ward has become sui juris, has terminated a voluntary guardianship, has been restored to capacity, has had all rights restored, or has died, or when the guardian has been unable to locate the ward after diligent search, or, for a guardian of the property, when the property subject to the guardianship has been exhausted, the guardian shall file a petition for discharge. A guardian of the person is discharged without further proceeding upon filing a certified copy of the ward’s death certificate. (b) Contents of Petition. The petition for discharge shall state: (1) the reason for termination of the guardianship; (2) that the guardian has fully administered the guardianship; and (3) the amount of unpaid and anticipated costs and fees to be paid to the guardian and to the attorneys, accountants, or other agents employed by the guardian. (c) Final Report. The guardian of the property shall promptly file a final report. If the ward has died, the guardian must file the report no later than 45 days after he or she has been served with letters of administration, letters of curatorship, or an order of summary administration. The report shall show receipts, disbursements, amounts reserved for unpaid and anticipated disbursements, costs, and fees, including the amounts set forth in subdivision (b)(3), and other relevant financial information from the date of the previous annual accounting, and a list of the assets to be turned over to the person entitled to them. (d) Notice. A notice shall be served stating: (1) that any objection shall be in writing and shall state with particularity each item to which the objection is directed and the grounds on which the objection is based; (2) that any objection to the final report or the petition for discharge shall be filed within 30 days from the date of service of the petition for discharge; and

(3) that within 90 days after filing of the objection, a notice of hearing thereon shall be served or the objection is abandoned. (e) Service. The guardian applying for discharge shall serve a copy of the petition for discharge and final report on the ward, on the personal representative of a deceased ward, or if there are no assets justifying qualification of a personal representative for the estate of a deceased ward, on the known next of kin of the deceased ward, or such other persons as the court may direct; provided, however, that a guardian of the property who is subsequently appointed personal representative shall serve a copy of the petition for discharge and final report on all beneficiaries of the ward’s estate. (f) Objections. All persons served shall have 30 days to file objections to the petition for discharge and final report. The objections shall state with particularity the items to which the objections are directed and shall state the grounds on which the objections are based. Copies of the objections shall be served by the objector on the guardian. Any interested person may set a hearing on the objections. Notice of the hearing shall be served on the guardian and any other interested persons. If a notice of hearing on the objections is not served within 90 days of filing of the objections, the objections will be deemed abandoned. The guardian may not be discharged until all objections have been withdrawn, abandoned, or judicially resolved, and the petition for discharge of the guardian is granted by the court. (g) Discharge. The guardian may not be discharged until all objections are withdrawn, abandoned, or judicially resolved. After all objections are withdrawn, abandoned, or judicially resolved, and if it appears that the guardian has paid all amounts reserved to the persons entitled to them and has made full and complete distribution of the ward’s assets to the persons entitled to them and has otherwise faithfully discharged the duties of the guardian, the court shall grant the petition for discharge and enter an order of discharge. If objections are filed and are not withdrawn, abandoned, or judicially resolved, the court shall conduct a hearing in the same manner as for a hearing on objections to annual guardianship plans. After hearing, if the court is satisfied that the guardian has faithfully discharged the duties of the guardianship and the interests of the ward are protected, and the guardian has rendered a complete and accurate final report and has delivered the assets of the ward to the person entitled to them, the court shall enter an order of discharge.

COMMITTEE NOTES Rule History 1975 Revision: Implements sections 744.527 and 744.531, Florida Statutes, and also requires the guardian applying for discharge to do so by filing a petition for discharge and provides the procedure pertaining thereto. 1977 Revision: No change in rule. Change in committee note to conform to statutory renumbering. 1988 Revision: Captions added to subdivisions. Committee notes revised. Citation form changes in committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Substantial revision of entire rule to harmonize with procedure for discharge of personal representatives under rules 5.400 and 5.401. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 1996 Revision: Editorial changes to clarify that all anticipated costs and fees should be shown on final report and thereafter paid prior to transfer of assets and discharge of guardian. 2003 Revision: Subdivision (a) amended to reflect addition of rule 5.552 dealing with voluntary guardianship of property. Committee notes revised. 2006 Revision: Subdivision (c) amended to conform to 2006 amendments to section 744.527, Florida Statutes. Subdivision (h) deleted as unnecessary because substantive right of waiver is provided by section 731.302, Florida Statutes. 2008 Revision: Reference to restoration of rights added in subdivision (a). Committee notes revised. 2012 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate.

§ 744.521, Fla. Stat. Termination of guardianship. § 744.527, Fla. Stat. Final reports and application for discharge; hearing. § 744.528, Fla. Stat. Discharge of guardian named as personal representative. § 744.531, Fla. Stat. Order of discharge. § 744.534, Fla. Stat. Disposition of unclaimed funds held by guardian. Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.552 Voluntary guardianship of property. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. III. », « Rule 5.681. » Fla. Prob. R. 5.681

RULE 5.681. RESTORATION OF RIGHTS OF PERSON WITH DEVELOPMENTAL DISABILITY. (a) Suggestion of Restoration of Rights. A suggestion of restoration of rights of a person with a developmental disability may be executed by any interested person, including the person with a developmental disability. The suggestion must contain: (1) a statement that the person with a developmental disability is capable of exercising some or all of the rights that were granted to the guardian advocate; (2) evidentiary support for the filing as provided by law; and (3) the name and address of the attorney representing the person with a developmental disability, if any, known to the petitioner. (b) Counsel. Within 3 days after the suggestion has been filed, the court must appoint an attorney to represent a person with a developmental disability who is not then represented by counsel as stated in the suggestion. (c) Notice. Upon filing of the suggestion, if the name and address of the attorney representing the person with a developmental disability is listed in the suggestion, or upon the appointment of counsel, if no name and address of an attorney are listed in the suggestion, the clerk must immediately send notice of the filing of the suggestion, together with a copy of the suggestion, to the person with a developmental disability, the person’s guardian advocate, the person’s attorney, the attorney for the guardian advocate, if any, and any other interested person as directed by the court. The notice must contain a statement that all objections to the suggestion must be filed within 20 days after service of the notice. Formal notice must be served on the guardian advocate. Informal notice may be served on the other persons. Notice need not be served on the petitioner. The clerk must file proof of service. (d) Objections. Any objection must be in writing and must state with particularity each item to which the objection is directed and the grounds on which the objection is based. The objector must serve notice of hearing on the objection and a copy of the objection on the person with the

developmental disability, the person’s attorney, the person’s guardian advocate, the attorney for the guardian advocate, if any, the next of kin of the person with a developmental disability, and any other interested persons as directed by the court. (e) Order. The court must enter an order denying the suggestion or restoring all or some of the rights that were granted to the guardian advocate. If only some rights are restored to the person with a developmental disability, the order must state which rights are restored and amend the letters of guardian advocacy accordingly. The court need not hold a hearing prior to entering an order restoring rights if no objections are filed and the court is satisfied with the evidentiary support for restoration supplied by the petitioner. (f) Additional Requirements. If personal rights are restored, the guardian advocate must file an amended plan within 60 days after the order restoring rights. If all property rights are restored, a guardian advocate previously granted management or control over property must file a final accounting within 60 days after the order restoring rights. A copy of any amended plan and accounting must be promptly served on the person with a developmental disability and the person’s attorney. COMMITTEE NOTES Rule History 2008 Revision: New rule. 2013 Revision: Substantial revisions to reflect the designation of the pleading as a Suggestion of Restoration of Rights; the requirement for a statement of evidentiary support, the identification and address of the attorney for the person with a developmental disability; procedures for service of objections; clarification of requirements following a restoration of rights; and editorial changes. Editorial changes to conform to the court’s guidelines for rule submissions as set forth in AOSC06-14. 2019 Revision: Committee notes updated to reflect the legislative amendments to chapter 709, Florida Statutes. Statutory References

§ 393.063(9), Fla. Stat. Definitions. § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. §§ 709.2101-709.2402, Fla. Stat. Florida Power of Attorney Act. § 765.101, Fla. Stat. Definitions. § 765.104, Fla. Stat. Amendment or revocation. § 765.202, Fla. Stat. Designation of a health care surrogate. § 765.204, Fla. Stat. Capacity of principal; procedure. § 765.205(3), Fla. Stat. Responsibility of the surrogate. § 765.302, Fla. Stat. Procedure for making a living will; notice to physician. § 765.401, Fla. Stat. The proxy. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.540 Hearings. Fla. Prob. R. 5.541 Recording of hearings. Fla. Prob. R. 5.680 Termination of guardianship.

« Pt. III. », « Rule 5.685. » Fla. Prob. R. 5.685

RULE 5.685. DETERMINATION REGARDING ALTERNATIVES TO GUARDIANSHIP. (a) Reporting by Guardian. The guardian shall promptly file a report attaching a copy of a final order or judgment that determines the validity of a ward’s durable power of attorney, trust, or trust amendment. (b) Petition. At any time after the appointment of a guardian, the guardian, the ward, the ward’s attorney, if any, or any other interested person may file a verified petition stating that there is an alternative to guardianship that will sufficiently address the problems of the ward. (c) Contents of Petition. The petition to determine alternatives to guardianship shall state: (1) the petitioner’s interest in the proceeding; and (2) the facts constituting the basis for the relief sought and that the proposed alternative to guardianship will sufficiently address the problems of the ward and is in the ward’s best interest. (d) Service. The petition shall be served on the guardian, the ward, the ward’s attorney, if any, those interested persons who have filed requests for notices and copies of pleadings, and such other persons as the court may direct. (e) Order. The order shall specify whether there is an alternative to guardianship that will sufficiently address the problems of the ward, the continued need for a guardian, and the extent of the need for delegation of the ward’s rights. COMMITTEE NOTES Rule History 2006 Revision: New rule. Statutory References § 744.331, Fla. Stat. Procedures to determine incapacity.

§ 744.462, Fla. Stat. Determination regarding alternatives to guardianship.

« Pt. III. », « Rule 5.690. » Fla. Prob. R. 5.690

RULE 5.690. INITIAL GUARDIANSHIP REPORT. (a) Contents and Filing. An initial guardianship report shall be filed within 60 days after the issuance of letters of guardianship. The guardian of the property shall file the initial guardianship report consisting of the verified inventory. The guardian of the person shall file the initial guardianship report consisting of the guardianship plan. (b) Service. Copies of the initial guardianship report shall be served on the ward, unless the ward is a minor under the age of 14 years or is totally incapacitated, and the attorney for the ward, if any. With approval of the court, service on the ward may be accomplished by serving the attorney for the ward. COMMITTEE NOTES The committee recognizes the conflict between this rule and section 744.362, Florida Statutes, which requires the filing of the initial guardianship report (which includes the inventory) within 60 days after appointment. The committee believes this provision, which attempts to regulate when a document must be filed with the court, is procedural and that a guardian may not receive letters of guardianship empowering the guardian to act contemporaneously with the appointment. Therefore, the issuance of letters is a more practical time from which to measure the beginning of the time period for the accomplishment of this act. In the event the guardian of the property and the guardian of the person are not the same entity or person, they shall make a good faith effort to jointly file the initial guardianship report. Rule History 1991 Revision: New rule. 1992 Revision: Addition of phrase in subdivision (b) to conform to 1992 amendment to section 744.362(1), Florida Statutes. Citation form changes in committee notes.

2012 Revision: Committee notes revised. 2016 Revision: Committee notes revised. Statutory References § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla. Stat. Verified inventory. § 744.3701, Fla. Stat. Inspection of report. § 744.384, Fla. Stat. Subsequently discovered or acquired property. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.620 Inventory. Fla. Prob. R. 5.700 Objection to guardianship reports. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. III. », « Rule 5.695. » Fla. Prob. R. 5.695

RULE 5.695. ANNUAL GUARDIANSHIP REPORT. (a) Contents and Filing. (1) Guardian of the Person. Unless the court requires reporting on a calendar-year basis, the guardian of the person shall file an annual guardianship plan within 90 days after the last day of the anniversary month in which the letters of guardianship were signed. The plan shall include the mailing address, phone number, and e-mail address of the guardian, and: (A) the residence address of an individual guardian; or (B) the office address of a corporate or public guardian. The plan must cover the coming fiscal year ending on the last day of such anniversary month. If the court requires calendar-year reporting, the guardianship plan for the forthcoming year must be filed on or before April 1 of each year. (2) Guardian of the Property. Unless the court requires or authorizes reporting on a fiscal year basis, the guardian of the property shall file an annual accounting on or before April 1 of each year. The plan shall include the mailing address, phone number, and e-mail address of the guardian, and: (A) the residence address of an individual guardian; or (B) the office address of a corporate or public guardian. The annual accounting shall cover the preceding annual accounting period. If the court requires or authorizes reporting on a fiscal year basis, the annual accounting shall be filed on or before the first day of the fourth month after the end of the fiscal year. (b) Service. Copies of the annual plan and accounting shall be served on the ward, unless the ward is a minor or is totally incapacitated, and the attorney for the ward, if any. With the approval of the court, service on the ward may be accomplished by serving the attorney for the ward. The guardian shall serve copies on such other persons as the court may direct.

COMMITTEE NOTES The annual guardianship report consists of the annual plan for the guardian of the person and the annual accounting for the guardian of the property. For annual guardianship reports regarding minors, see rule 5.555. With approval of the court, service on the ward may be accomplished by service on the attorney for the ward, if any. The committee was concerned that actual service on a ward of the accounting or guardianship plan may give uninterested persons access to financial or personal information to the detriment of the ward. The committee believes that under such circumstances, the guardian of the property could seek an order under section 744.371(5), Florida Statutes, even if the ward’s circumstances were set out in detail in a pleading other than the annual guardianship report. Such court order may be sought in appropriate circumstances at the time of the initial hearing to determine incapacity. Rule History 1975 Revision: Substantially the same as section 744.427(1), (2), and (4), Florida Statutes, and section 744.437, Florida Statutes, with editorial changes and providing for the waiving, by a ward who has become sui juris or by the personal representative of a deceased ward, of the filing of an annual accounting. The rule requires the guardian of the property of a ward to appear before the court at the time he files his annual accounting or at such time the court shall determine in order that the court may inquire as to any matter relating to the physical and financial well-being of the ward. This appears to be in conflict with section 744.437, Florida Statutes, which refers to “every guardian’‘ but in the same sentence it refers to “at the time the guardian files his annual return” and only the guardian of the property is required to file an annual accounting. 1977 Revision: No change in rule. Change in committee note to conform to statutory renumbering. 1980 Revision: Subdivision (e) amended to avoid conflict with statutory changes in section 744.437, Florida Statutes (1979). 1988 Revision: Matter in (b) deleted; covered in sections 744.427(2) and 744.434, Florida Statutes. Subdivision (c) deleted; covered in section

744.427(4), Florida Statutes. Captions added to subdivisions. Committee notes revised. Citation form changes in committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Substantial changes and rule renumbered. 1992 Revision: Addition of language in subdivisions (a)(1) and (a)(2) to implement 1992 amendments to sections 744.367(1) and (2), Florida Statutes. Committee notes revised. Citation form changes in committee notes. 2006 Revision: Requirement in (b) to serve minors age 14 and above deleted to conform to amendment to section 744.367(3), Florida Statutes. Committee notes revised. 2012 Revision: Committee notes revised. 2015 Revision: Subdivision (a)(1) amended to conform to statutory changes in section 744.367(1), Florida Statutes. Committee notes revised. 2017 Revision: Subdivision (a)(1) amended to conform to statutory changes regarding reporting deadline in section 744.367(1), Florida Statutes. Committee notes revised. 2019 Revision: Subdivisions (a)(1) and (a)(2) amended to require guardian’s contact information. Statutory References § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla. Stat. Annual accounting. § 744.3685, Fla. Stat. Order requiring guardianship report; contempt. § 744.3701, Fla. Stat. Inspection of report. § 744.371, Fla. Stat. Relief to be granted. § 744.3735, Fla. Stat. Annual appearance of the guardian. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.552 Voluntary guardianship of property. Fla. Prob. R. 5.555 Guardianships of minors. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.700 Objection to guardianship reports. Fla. Prob. R. 5.800(b) Application of revised chapter 744 to existing guardianships. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. III. », « Rule 5.696. » Fla. Prob. R. 5.696

RULE 5.696. GUARDIAN ACCOUNTING. (a) Applicability. This rule applies to all guardian accountings required under Chapter 744, Florida Statutes, other than a simplified accounting permitted under section 744.3679, Florida Statutes. (b) Contents. A guardian accounting shall include: (1) a statement of the starting balance of assets on hand at the beginning of the accounting period which shall be the ending balance of the preceding accounting, or if none, the value of assets on the inventory; (2) a full and correct account of the receipts and disbursements of all of the ward’s property over which the guardian has control since the date of the last accounting or, if none, from the date of issuance of letters of guardianship; (3) a schedule of assets at the end of the accounting period; and (4) in the case of annual accountings, a copy of the annual or year-end statement of all of the ward’s cash accounts from each of the institutions where the cash is deposited. (c) Accounting Standards. The following standards are required for the accounting of all transactions occurring on or after January 1, 2017: (1) Accountings shall be stated in a manner that is understandable to persons who are not familiar with practices and terminology peculiar to the administration of guardianships. (2) The accounting shall begin with a concise summary of its purpose and content. (3) The accounting shall contain sufficient information disclosing all significant transactions affecting administration during the accounting period. (4) The accounting shall contain 2 values in the schedule of assets at the end of the accounting period, the asset acquisition value or carrying value, and estimated current value.

(5) Gains and losses incurred during the accounting period shall be shown separately in the same schedule. (d) Accounting Format. A model format for an accounting is attached to this rule as Appendix A. (e) Verification. All accountings shall be verified by the guardian filing the accounting. (f) Substantiating Documents. Unless otherwise ordered by the court, the guardian need not file the documents substantiating the guardian accounting. Upon reasonable written request, the guardian of the property shall make the substantiating documents available for examination to persons entitled to receive or inspect the guardian accounting. (g) Interim Inspection of Records. Upon reasonable written request and notice, the guardian of the property shall make all material financial records pertaining to the guardianship available for inspections to those persons entitled to receive or inspect the guardian accounting. COMMITTEE NOTES The purpose of this substantial revision is for guardian accountings to conform to rule 5.346 and the Fiduciary Accounting Principles and Model Formats and commentaries incorporated into rule 5.346. As set forth in subdivision (b)(1), the starting balance shall be the ending balance of the preceding accounting, or if none, the value of assets on the inventory. Attached, as Appendix A, is a model accounting format which is only a suggested form. Rule History 1991 Revision: New rule. 1992 Revision: Citation form changes in committee notes. 2010 Revision: Editorial change in (b) to delete redundant language. 2012 Revision: Committee notes revised. 2013 Revision: Subdivision (b) revised to substitute “documents” for “papers.” Committee notes revised. Editorial changes to conform to the court’s guidelines for rule submissions as set forth in AOSC06-14.

2016 Revision: Substantial rule revision. Committee notes revised. Appendix A adopted. Statutory References § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3678, Fla. Stat. Annual accounting. § 744.3701, Fla. Stat. Inspection of report. § 744.3735, Fla. Stat. Annual appearance of the guardian. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.346 Fiduciary Accounting. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.695 Annual guardianship report. Fla. Prob. R. 5.700 Objection to guardianship reports. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. III. », « Rule 5.696. » Fla. Prob. R. Fla. Prob. R., Pt. III, § 5.696

RULE 5.696. APPENDIX A IN THE CIRCUIT COURT FOR _________ COUNTY, FLORIDA IN RE: GUARDIANSHIP OF

The purpose of this accounting is to report the assets on hand at the beginning of the accounting period, all transactions that have occurred during the period covered by the accounting, and the assets that remain on hand at the end of the accounting period. It consists of a SUMMARY sheet and Schedule A showing all Receipts, Schedule B showing all Disbursements, Schedule C showing all Capital Transactions and Adjustments (the effect of which are also reflected in other schedules, if appropriate), and Schedule D showing assets on hand at the end of the accounting period. Under penalties of perjury, the undersigned guardian(s) declare(s) that I (we) have read and examined this accounting and that the facts and figures set forth in the Summary and the attached Schedules are true, to the best of my (our) knowledge and belief, and that it is a complete report of all cash and property transactions and of all receipts and disbursements by me (us) as guardian(s) of _____________________, the ward, from, ______________________ through ___________________, _________. Signed on _____________________, _________.

IN THE CIRCUIT COURT FOR _________ COUNTY, FLORIDA IN RE: GUARDIANSHIP OF

NOTE: Refer to Fla. Prob. R. 5.696. Entries on Summary are to be taken from totals on Schedules A, B, C and D.

The Summary and Schedules A, B, C and D are to constitute the full accounting. Every transaction occurring during the accounting period should be reflected on the Schedules. All purchases and sales, all adjustments to the asset acquisition or carrying value of any asset, and any other significant transactions that affect the property (such as stock splits) should be described on Schedule C. __________________ ACCOUNTING OF GUARDIAN(S),

NOTE: Schedule A should reflect only those items received during administration during the accounting period. Entries involving the sale of assets or other adjustments to the asset acquisition or carrying values of assets are to be shown on Schedule C, and not on Schedule A. __________________ ACCOUNTING OF GUARDIAN(S), GUARDIANSHIP OF _____________________________

NOTE: Schedule B should reflect only those items paid out during the accounting period. Entries involving the purchase of assets or adjustments to the asset acquisition or carrying values of assets are to be shown on Schedule C, and not on Schedule B. __________________ ACCOUNTING OF GUARDIAN(S), GUARDIANSHIP OF _____________________________

NOTE: Schedule C should reflect all purchases and sales of assets and any adjustments to the asset acquisition or carrying values of any assets. Entries reflecting sales should show the asset acquisition or adjusted carrying values, the costs and expenses of the sale, and the net proceeds received. The net gain or loss should be extended in the appropriate column on the right side of Schedule C. Entries reflecting purchases should reflect the purchase price, any expenses of purchase or other adjustments to the purchase price, and the total amount paid. Presumably no gain or loss would be shown for purchases. Entries reflecting adjustments in capital assets should explain the change (such as a stock split) and the net gain or loss should be shown in the appropriate column on the right side of Schedule C.

The NET gain or loss should be entered in the carrying value column of the Summary. __________________ ACCOUNTING OF GUARDIAN(S),

GUARDIANSHIP OF _____________________________

NOTE: Schedule D should be a complete list of all assets on hand reflecting asset acquisition or carrying values for each item, adjusted in accordance with any appropriate entries on Schedule C, and estimated current values for each item. Current market values for any assets that are known to be different from the asset acquisition or carrying values as of the

close of the accounting period should be shown in the column marked “Estimate Current Value.” The total adjusted carrying value (not Current Value) must agree with the Total for Item V on Summary.

« Pt. III. », « Rule 5.696. » Fla. Prob. R. Fla. Prob. R., Pt. III, § 5.696

RULE 5.696. APPENDIX B GUARDIAN ACCOUNTING PRINCIPLES I. ACCOUNTS SHOULD BE STATED IN A MANNER THAT IS UNDERSTANDABLE BY PERSONS WHO ARE NOT FAMILIAR WITH PRACTICES AND TERMINOLOGY PECULIAR TO THE ADMINISTRATION OF GUARDIANSHIPS. Commentary: In order for an account to fulfill its basic function of communication, it is essential that it be stated in a manner that recognizes that the interested parties are not usually familiar with guardian accounts. It is neither practical nor desirable to require that accounts be tailored to meet individual disabilities of particular parties but any account should be capable of being understood by a person of average intelligence, literate in English, and familiar with basic financial terms who has read it with care and attention. Problems arising from terminology or style are usually a reflection of the fact that people who become versed in a particular form of practice tend to forget that terms which are familiar and useful to them may convey nothing to someone else or may even be affirmatively misleading. For example, the terms “debit” and “credit” are generally incomprehensible to people with no knowledge of bookkeeping and many people who are familiar with them in other contexts would assume that in the context of guardian accounting, the receipt of an item is a “credit” to the fund rather than a “debit” to the guardian. While the need for concise presentation makes a certain amount of abbreviation both acceptable and necessary, uncommon abbreviation of matters essential to an understanding of the account should be avoided or explained. Print-outs from electronic accounting systems or account statements can be used as attachments to the schedules in the accounting form or to clarify the accounting. The quality of the accounts produced by these systems and account statements varies widely in the extent to which they can be understood by persons who are not familiar with them.

II. A GUARDIAN ACCOUNT SHALL BEGIN WITH A CONCISE SUMMARY OF ITS PURPOSE AND CONTENT. Commentary: Very few people can be expected to pay much attention to a document unless they have some understanding of its general purpose and its significance to them. Even with such an understanding, impressions derived from the first page or two will often determine whether the rest is read. The use that is made of these pages is therefore of particular significance. The cover page should disclose the nature and function of the account. While a complete explanation of the significance of the account and the effect of its presentation upon the rights of the parties is obviously impractical for inclusion at this point, there should be at least a brief statement identifying the guardian and the subject matter, noting the importance of examining the account and giving an address where more information can be obtained. A summary of the account shall also be presented at the outset. This summary, organized as a table of contents, shall indicate the order of the details presented in the account and shall show separate totals for the aggregate of the assets on hand at the beginning of the accounting period; transactions during the period; and the assets remaining on hand at the end of the period. Each entry in the summary shall be supported by a schedule in the account that provides the details on which the summary is based. III. A GUARDIAN ACCOUNT SHALL CONTAIN SUFFICIENT INFORMATION TO PUT THE INTERESTED PARTIES ON NOTICE AS TO ALL SIGNIFICANT TRANSACTIONS AFFECTING ADMINISTRATION DURING THE ACCOUNTING PERIOD. Commentary: The presentation of the information account shall allow an interested party to follow the progress of the guardian’s administration of assets during the accounting period. An account is not complete if it does not itemize, or make reference to, assets on hand at the beginning of the accounting period. Illustration: 3.1 The first account for a guardianship may detail the items received by the guardian and for which the guardian is responsible. It must begin with the total amount on the inventory.

Transactions shall be described in sufficient detail to give the court and interested parties notice of their purpose and effect. It should be recognized that too much detail may be counterproductive to making the account understandable. In accounts dealing with extensive assets, it is usually desirable to consolidate information with attachments that show detail. For instance, where income from a number of securities is being accounted for, a statement of the total dividends received on each security with appropriate indication of changes in the number of shares held will be more readily understandable and easier to check for completeness than a chronological listing of all dividends received. Illustrations: 3.2 Extraordinary appraisal costs should be shown separately and explained. 3.3 Interest and penalties in connection with late filing of tax returns should be shown separately and explained. 3.4 Receipts and disbursements shall be shown on separate schedules in chronological order. The separate schedules may include totals by account, with separate ledgers for each account, such as securities or financial accounts. 3.5 Changes in asset values due to market fluctuations are not transactions and shall not be reflected as a loss or gain, but the estimated current value and carrying value shall be shown on the schedule listing assets held at the end of the accounting period. IV. A GUARDIAN ACCOUNT SHALL CONTAIN TWO VALUES, THE ASSET ACQUISITION VALUE OR CARRYING VALUE, AND CURRENT VALUE. Commentary: In order for transactions to be reported on a consistent basis, an appropriate carrying value for assets must be chosen and employed consistently. The carrying value of an asset should reflect its value at the time it is acquired by the guardian. When such a value is not precisely determinable, the figure used should reflect a thoughtful decision by the guardian. Assets received in kind should be carried at their value at the time of receipt. For assets purchased during the administration of the guardianship, acquisition

cost would normally be used. Use of Federal income tax basis for carrying value is acceptable when basis is reasonably representative of real values at the time of acquisition. In the Model Account, carrying value is referred to as “guardian acquisition value.” The Model Account establishes the initial carrying value of assets as their value at inception of the guardianship for inventoried assets, date of receipt for subsequent receipts, and cost for investments. Carrying value would not normally be adjusted for depreciation. Except for adjustments that occur normally under the accounting system in use, carrying values should generally be continued unchanged through successive accounts and assets should not be arbitrarily “written up” or “written down.” In some circumstances, however, with proper disclosure and explanation, carrying value may be adjusted. Illustrations: 4.1 Assets received in kind in satisfaction of a pecuniary legacy should be carried at the value used for purposes of distribution. Illustrations: 4.2 When an asset is held under circumstances that make it clear that it will not be sold (e.g., a residence used by the ward) the guardian’s estimate of value would be acceptable in lieu of an appraisal. 4.3 Considerations such as a pending tax audit or offer of the property for sale may indicate the advisability of not publishing the guardian’s estimate of value. In such circumstances, a statement that value was fixed by some method such as “per company books,” “formula under buy-sell agreement,” or “300% of assessed value” would be acceptable, but the guardian would be expected to provide further information to interested parties upon request. V. GAINS AND LOSSES INCURRED DURING THE ACCOUNTING PERIOD SHALL BE SHOWN SEPARATELY IN THE SAME SCHEDULE. Commentary: Each transaction involving the sale or other disposition of securities during the accounting period shall be shown as a separate item in one combined schedule of the account indicating the transaction, date, explanation, and any gain or loss.

Although gains and losses from the sale of securities can be shown separately in accounts, the preferred method of presentation is to present this information in a single schedule. Such a presentation provides the most meaningful description of investment performance and will tend to clarify relationships between gains and losses that are deliberately realized at the same time. Increases and decreases in value not related to a sale or other disposition are unrealized gains or losses and should not be shown as such on this schedule.

« Pt. III. », « Rule 5.697. » Fla. Prob. R. 5.697

RULE 5.697. MAGISTRATES’ REVIEW OF GUARDIANSHIP INVENTORIES, ACCOUNTINGS, AND PLANS. (a) General Magistrates. The court may appoint general magistrates to review guardianship inventories, accountings, and plans. General magistrates shall be members of The Florida Bar and shall continue in office until removed by the court. The order appointing a general magistrate shall be recorded. Each general magistrate shall take the oath required of officers of the court by the Florida Constitution. The oath shall be recorded before the magistrate begins to act. (b) Special Magistrates. In connection with the court’s review of guardianship inventories, accountings, and plans, the court may appoint members of The Florida Bar as special magistrates for any particular service required by the court. Special magistrates shall be governed by all laws and rules relating to general magistrates except special magistrates shall not be required to take an oath unless specifically required by the court. For good cause shown, the court may appoint a person other than a member of The Florida Bar as a special magistrate. (c) General Powers and Duties. Every magistrate shall act under the direction of the court. Process issued by a magistrate shall be directed as provided by law. All grounds for disqualification of a judge shall apply to magistrates. (d) Hearings. Hearings before any magistrate may be held in the county where the action is pending, or at any other place by order of the court for the convenience of the witnesses or the parties. A magistrate shall give notice of hearings to all parties. If any party fails to appear, the magistrate may proceed ex parte or may continue the hearing to a future day, with notice to the absent party. The magistrate shall proceed with reasonable diligence and the least practicable delay. Any party may apply to the court for an order directing the magistrate to accelerate the proceedings and to make a report promptly. Evidence shall be taken in writing or by electronic recording by the magistrate or by some other person under the magistrate’s authority in the magistrate’s presence and shall be filed with the magistrate’s report. The

magistrate may examine and take testimony from the parties and their witnesses under oath, on all matters authorized by the court for review by the magistrate and may require production of all books, papers, writings, vouchers, and other documents applicable to those matters. The magistrate shall admit only evidence that would be admissible in court. The magistrate may take all actions concerning evidence that may be taken by the court. (e) Magistrate’s Report. The magistrate’s report shall contain a description of the matters considered and the magistrate’s conclusions and any recommendations. No part of any statement of facts, account, charge, deposition, examination, or answer used before the magistrate shall be recited. The magistrate shall be required to file a report only if a hearing is held pursuant to subdivision (d) of this rule or if specifically directed to do so by the court. (f) Filing Report; Service; Exceptions. The magistrate shall file a report with the court and serve copies on the parties. The parties may serve exceptions to the report within 10 days from the date the report is served on them. If no exceptions are timely filed, the court shall take appropriate action on the report. All timely filed exceptions shall be heard by the court on reasonable notice by any party. COMMITTEE NOTES Rule History 1991 Revision: This is a new rule, patterned after Florida Rule of Civil Procedure 1.490. 1992 Revision: Editorial change. Citation form change in committee notes. 2007 Revision: Title of rule and subdivisions (a) and (b) amended to include inventories. “Shall” substituted for “may” in last sentence of subdivision (f). Committee notes revised. Statutory Reference § 744.369(2), Fla. Stat. Judicial review of guardianship reports. Rule Reference Fla. Prob. R. 5.095 General and special magistrates.

Fla. R. Civ. P. 1.490 Magistrates.

« Pt. III. », « Rule 5.700. » Fla. Prob. R. 5.700

RULE 5.700. OBJECTION TO GUARDIANSHIP REPORTS. (a) Objections. The ward, or any other interested person, may file an objection to any part of a guardianship report within the time provided by law. (b) Contents. Any objection shall be in writing and shall state with particularity each item to which the objection is directed and the grounds on which the objection is based. (c) Service. The objector shall serve a copy of the objection on each guardian and on any other person as directed by the court. COMMITTEE NOTES Rule History 1975 Revision: Substantially the same as section 744.427(3), (5), and (6), Florida Statutes, with editorial changes. 1977 Revision: No change in rule. Change in committee note to conform to statutory renumbering. 1988 Revision: Captions added to subdivisions. Committee notes revised. Citation form change in committee notes. 1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Revised to conform with new statutory requirements. 1992 Revision: Citation form changes in committee notes. 2008 Revision: Committee notes revised. 2012 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.362, Fla. Stat. Initial guardianship report.

§ 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla. Stat. Verified inventory. § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla. Stat. Annual accounting. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.610 Execution by guardian. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.

« Pt. III. », « Rule 5.705. » Fla. Prob. R. 5.705

RULE 5.705. PETITION FOR INTERIM JUDICIAL REVIEW. (a) Contents. A petition for interim judicial review shall be verified, state the petitioner’s interest in the proceeding, state with particularity the manner in which the guardian’s action or proposed action does not comply with or exceeds the guardian’s authority under the guardian plan, or state that the guardian is acting in a manner contrary to section 744.361, Florida Statutes, and state why the action, proposed action, or conduct of the guardian is not in the best interest of the ward. (b) Service. The petition shall be served by formal notice. (c) Hearing. The petitioner or any interested person may set the matter for hearing. (d) Expedited Proceedings. For good cause shown, the court may shorten the time for response to the formal notice and may set an expedited hearing. COMMITTEE NOTES Rule History 1991 Revision: New rule. 2000 Revision: Subdivision (d) added to permit expedited proceedings. 2008 Revision: Committee notes revised. 2015 Revision: Subdivision (a) amended to conform to changes in sections 744.361 and 744.3715, Florida Statutes. Citation revised in committee notes. Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.361, Fla. Stat. Powers and duties of guardian. § 744.3715, Petition for interim judicial review.

« Pt. III. », « Rule 5.710. » Fla. Prob. R. 5.710

RULE 5.710. REPORTS OF PUBLIC GUARDIAN. The public guardian, as the guardian of a ward, shall file: (a) an initial report as required by law; (b) annual guardianship reports, which shall include the dates of quarterly visits to the ward, as required by law; (c) a report within 6 months of his or her appointment as guardian of a ward, which shall also be filed with the executive director of the Office of Public and Professional Guardians, stating: (1) the public guardian’s efforts to locate a family member or friend, other person, bank, or corporation to act as guardian of the ward; and (2) the ward’s potential to be restored to capacity; (d) an annual report, filed with the Office of Public and Professional Guardians, by September 1 for the preceding fiscal year, on the operations of the office of public guardian; and (e) a report of an independent audit by a qualified certified public accountant, to be filed with the Office of Public and Professional Guardians every 2 years. COMMITTEE NOTES Rule History 1987 Revision: This is a new rule and was promulgated to establish procedures to accommodate the Public Guardian Act. See § 744.701, et seq., Fla. Stat. See also Fla. Prob. R. 5.560. 1989 Revision: Prior rule adopted as temporary emergency rule. 1991 Revision: Editorial changes. 1992 Revision: Citation form changes in committee notes. 2007 Revision: Rule extensively amended to specify reports a public guardian is required to file.

2010 Revision: Editorial change in (e). 2016 Revision: Subdivisions (c), (d), and (e) amended to reflect the name change of the agency to the Office of Public and Professional Guardians. Committee notes revised to reflect the repeal of Part IX of Chapter 744, Florida Statutes. Statutory Reference §§ 744.2001-744.2109, Fla. Stat. Public Guardianship Act. Rule Reference Fla. Prob. R. 5.560 Petition for appointment of guardian of an incapacitated person.

« Pt. III. », « Rule 5.720. » Fla. Prob. R. 5.720

RULE 5.720. COURT MONITOR. (a) Appointment. Upon motion or inquiry by any interested person or upon its own motion, the court may appoint a court monitor in any proceeding over which it has jurisdiction. (b) Order of Appointment. The order of appointment shall state the name, address, and phone number of the monitor and shall set forth the matters to be investigated. The order may authorize the monitor to investigate, seek information, examine documents, or interview the ward. The order of appointment shall be served upon the guardian, the ward, and such other persons as the court may determine. (c) Report. The monitor shall file a verified written report with the court setting forth the monitor’s findings. The report shall be served on the guardian, the ward, and such other persons as the court may determine. (d) Protection of Ward. If it appears from the monitor’s report that further action by the court to protect the interests of the ward is necessary, the court shall, after a hearing with notice, enter any order necessary to protect the ward or the ward’s property, including amending the plan, requiring an accounting, ordering production of assets, or initiating proceedings to remove a guardian. Notice of the hearing shall be served on the guardian, the ward, and such other persons as the court may determine. COMMITTEE NOTES This rule applies to the non-emergency appointment of court monitors. Rule History 2006 Revision: New rule. 2008 Revision: Editorial change in (d). Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.107, Fla. Stat. Court monitors.

§ 744.3701, Fla. Stat. Inspection of report.

« Pt. III. », « Rule 5.725. » Fla. Prob. R. 5.725

RULE 5.725. EMERGENCY COURT MONITOR. (a) Appointment. Upon motion or inquiry by any interested person or upon its own motion, the court may appoint a court monitor on an emergency basis without notice in any proceeding over which it has jurisdiction. (b) Order of Appointment. The order of appointment shall specifically find that there appears to be imminent danger that the physical or mental health or safety of the ward will be seriously impaired or that the ward’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken. The scope of the matters to be investigated and the powers and duties of the monitor must be specifically enumerated in the order. (c) Duration of Authority. The authority of a monitor expires 60 days after the date of appointment or upon a finding of no probable cause, whichever occurs first. The court may enter an order extending the authority of the monitor for an additional 30 days upon a showing that an emergency condition still exists. (d) Report. Within 15 days after the entry of an order of appointment, the monitor shall file a verified written report setting forth the monitor’s findings and recommendations. The report may be supported by documents or other evidence. The time for filing the report may be extended by the court for good cause. (e) Review. Upon review of the report, the court shall enter an order determining whether there is probable cause to take further action to protect the person or property of the ward. (1) If the court finds no probable cause, the court shall enter an order finding no probable cause and discharging the monitor. (2) If the court finds probable cause, the court shall enter an order directed to the respondent stating the essential facts constituting the conduct charged and requiring the respondent to appear before the court to show cause why the court should not take further action. The order shall specify the time and place of the hearing with a reasonable time to allow

for the preparation of a defense after service of the order. A copy of the order to show cause together with the order of appointment and report of the monitor shall be served upon the guardian, the ward, the ward’s attorney, if any, and the respondent. (f) Protecting Ward. If at any time prior to the hearing on the order to show cause the court enters a temporary injunction, a restraining order, an order freezing assets, an order suspending the guardian or appointing a guardian ad litem, or any other order to protect the physical or mental health, safety, or property of the ward, the order or injunction shall be served on the guardian, the ward, the ward’s attorney, if any, and such other persons as the court may determine. COMMITTEE NOTES Rule History 2006 Revision: New rule. 2008 Revision: Committee notes revised. 2010 Revision: Editorial change in (c). Statutory references § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.1075, Fla. Stat. Emergency court monitor.

« Pt. III. », « Rule 5.800. » Fla. Prob. R. 5.800

RULE 5.800. APPLICATION OF REVISED CHAPTER 744 TO EXISTING GUARDIANSHIPS. (a) Prior Adjudication of Incompetency. When an adjudication of incompetency has taken place under chapter 744, Florida Statutes, before October 1, 1989, no readjudication of incapacity shall be required. (b) Annual Guardianship Reports. Guardians appointed before October 1, 1989, shall file annual guardianship reports as required by law. COMMITTEE NOTES Rule History 1989 Revision by Ad Hoc Committee: The committee adopted a position that guardians appointed before the effective date of the 1989 revisions to chapter 744, Florida Statutes, should comply with all sections of the law that apply to future acts of the guardian. For example, all guardians will in the future file annual reports and will be responsible for the continuing wellbeing of their wards. The committee recognized a distinction between those actions that will necessarily occur on a continuing basis throughout the guardianship and those actions that happen at a particular moment in time but are not necessarily ongoing duties. There are two and only two specific examples to which the statutory reforms would not apply retrospectively if the above distinction is adopted. First, the initial adjudication of incapacity occurs only once in any guardianship. Although guardianships are reevaluated annually, the statute does not contemplate a complete readjudication procedure every year. Therefore, the committee concluded that the initial adjudicatory hearing need not be repeated for wards adjudicated incompetent before October 1, 1989. Second, as concerns nonresident guardians appointed before October 1, 1989, normally, a guardian is appointed only once at the beginning of the guardianship. While these nonresident guardians would be expected to obey all provisions of the law prospectively, they would not be required to initiate their own removal. 1991 Revision: Editorial changes in first sentence of (a), and rest of subdivision deleted as unnecessary. Subdivision (b) has been transferred to

rule 5.650. Date reference no longer required in (c), and modified to make filing requirement of preexisting guardianships consistent with the current statutory provisions. 1992 Revision: Citation form changes in committee notes. Statutory References § 744.367, Fla. Stat. Duty to file annual guardianship report. § 744.3675, Fla. Stat. Annual guardianship plan. § 744.3678, Fla. Stat. Annual accounting. Rule References Fla. Prob. R. 5.695 Annual guardianship report. Fla. Prob. R. 5.696 Annual accounting.

« Pt. III. », « Rule 5.850. • Fla. Prob. R. 5.850

RULE 5.850. EXPEDITED CONCERNING MEDICAL [RENUMBERED].

JUDICIAL INTERVENTION TREATMENT PROCEDURES « Pt. IV. »

Fla. Prob. R., Pt. IV

PART IV. EXPEDITED JUDICIAL INTERVENTION CONCERNING MEDICAL TREATMENT PROCEDURES « Pt. IV. », • Rule 5.900. • Fla. Prob. R. 5.900

RULE 5.900. EXPEDITED JUDICIAL INTERVENTION CONCERNING MEDICAL TREATMENT PROCEDURES. (a) Petition. Any proceeding for expedited judicial intervention concerning medical treatment procedures may be brought by any interested adult person and shall be commenced by the filing of a verified petition which states: (1) the name and address of the petitioner; (2) the name and location of the person who is the subject of the petition (hereinafter referred to as the “patient”); (3) the relationship of the petitioner to the patient; (4) the names, relationship to the patient, and addresses if known to the petitioner, of: (A) the patient’s spouse and adult children; (B) the patient’s parents (if the patient is a minor); (C) if none of the above, the patient’s next of kin; (D) any guardian and any court-appointed health care decision-maker; (E) any person designated by the patient in a living will or other document to exercise the patient’s health care decision in the event of the patient’s incapacity; (F) the administrator of the hospital, nursing home, or other facility where the patient is located; (G) the patient’s principal treating physician and other physicians known to have provided any medical opinion or advice about any condition of the patient relevant to this petition; and (H) all other persons the petitioner believes may have information

concerning the expressed wishes of the patient; and (5) facts sufficient to establish the need for the relief requested, including, but not limited to, facts to support the allegation that the patient lacks the capacity to make the requisite medical treatment decision. (b) Supporting Documentation. Any affidavits and supporting documentation, including any living will or designation of health care decision-maker, shall be attached to the petition. (c) Notice. Unless waived by the court, notice of the petition and the preliminary hearing shall be served on the following persons who have not joined in the petition or otherwise consented to the proceedings: (1) the patient; (2) the patient’s spouse and the patient’s parents, if the patient is a minor; (3) the patient’s adult children; (4) any guardian and any court-appointed health care decision-maker; (5) any person designated by the patient in a living will or other document to exercise the patient’s health care decision in the event of the patient’s incapacity; (6) the administrator of the hospital, nursing home, or other facility where the patient is located; (7) the patient’s principal treating physician and other physicians believed to have provided any medical opinion or advice about any condition of the patient relevant to this petition; (8) all other persons the petitioner believes may have information concerning the expressed wishes of the patient; and (9) such other persons as the court may direct. (d) Hearing. A preliminary hearing on the petition shall be held within 72 hours after the filing of the petition. At that time the court shall review the petition and supporting documentation. In its discretion the court shall either: (1) rule on the relief requested immediately after the preliminary hearing; or

(2) conduct an evidentiary hearing not later than 4 days after the preliminary hearing and rule on the relief requested immediately after the evidentiary hearing. COMMITTEE NOTES This rule was submitted by the committee in response to the request contained in footnote 17 of In re Guardianship of Browning, 568 So.2d 4 (Fla. 1990). See also Cruzan by Cruzan v. Director, Missouri Department of Health, U.S., 110 S. Ct. 2841, 111 L. Ed. 2d 224 (1990). The promulgation of this rule is not intended to imply that judicial intervention is required to terminate life-prolonging procedures. Practitioners should note that the criteria and standards of proof contained in Browning differ from the criteria and standards of proof presently existing in chapter 765, Florida Statutes. Rule History 1991 Revision: New rule. 1992 Revision: This rule was created on an emergency basis and on further review, the committee decided it needed to clarify that the petition should include an allegation that the patient lacks capacity to make the requisite medical treatment decision, and that the patient should receive notice of the petition and hearing. Committee notes revised. Citation form changes in committee notes. 2008 Revision: Committee notes revised. 2019 Revision: Committee notes updated to reflect the legislative amendments to chapter 709, Florida Statutes. 2020 Revision, September 3, 2020: Rule was renumbered from 5.900 to 5.850 to allow forms to follow the rules set. Committee notes revised. 2020 Revision, December 31, 2020: Rule was renumbered from 5.850 to 5.900 to conform with statutory references. Committee notes revised. Constitutional Reference. Art. I, § 23, Fla. Const.

Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. §§ 709.2101-709.2402, Fla. Stat. Florida Power of Attorney Act. §§ 709.2109, Fla. Stat. Termination or suspension of power of attorney or agent’s authority. § 731.302, Fla. Stat. Waiver and consent by interested person. § 744.102, Fla. Stat. Definitions. § 744.104, Fla. Stat. Verification of documents. § 744.3115, Fla. Stat. Advanced directives for health care. ch. 765, Fla. Stat. Health care advance directives. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice.

« Pt. V. • Fla. Prob. R., Pt. V

PART V. FORMS The following forms are sufficient for the matters that are covered by them. So long as the substance is expressed without prolixity, the forms may be varied to meet the facts of a particular case. The forms are not intended to be part of the rules and are provided for convenience only.

« Pt. V. •, • Rule 5.901. » Fla. Prob. R. 5.901

RULE 5.901. FORM INCAPACITY.

FOR

PETITION

TO

DETERMINE

MODEL FORM FOR USE IN PETITION TO DETERMINE INCAPACITY PURSUANT TO FLORIDA PROBATE RULE 5.550

In the Circuit Court of the __________________ Judicial Circuit, in and for _____________________________ County, Florida Probate Division Case No. _____________________________ In Re: Guardianship of _____________________ Respondent’s Name An Alleged Incapacitated Person _____________________ PETITION TO DETERMINE INCAPACITY

Petitioner, .....(name of petitioner)....., files this petition seeking a determination of incapacity of the respondent and states: 1. Petitioner’s name: ____________________ Petitioner’s age: _________ Petitioner’s home address and _____________________________

mailing

address:

_____________________________ Petitioner’s relationship to _____________________________

the

respondent:

_____________________________ 2. Respondent’s name: Respondent’s age: _________

____________________

Respondent’s home address, mailing address, county of residence: _____________________________ _____________________________ _____________________________ Primary language of _____________________________

the

respondent:

3. The factual basis for _____________________________

alleging

incapacity:

_____________________________ _____________________________ 4. List all persons, with their name and address, known to have information relating to the basis for alleging incapacity: _____________________________ _____________________________ _____________________________ _____________________________ 5. Which rights are being sought to be removed under section 744.3215, Florida Statutes? Indicate which rights that the petitioner requests be removed from the respondent, but not

delegated to a guardian: ( ) a. to marry. If the right to enter into a contract has been removed, the right to marry is subject to court approval; ( ) b. to vote; ( ) c. to personally apply for government benefits; ( ) d. to have a driver license; ( ) e. to travel; and ( ) f. to seek or retain employment. Indicate which rights that the petitioner requests be removed from the respondent, but may be delegated to the guardian: ( ) a. to contract; ( ) b. to sue and defend lawsuits; ( ) c. to apply for government benefits; ( ) d. to manage property or to make any gift or disposition of property; ( ) e. to determine his or her residence; ( ) f. to consent to medical and mental health treatment; and ( ) g. to make decisions about his or her social environment or other social aspects of his or her life. If all of the above are checked a determination of plenary incapacity is requested. If only some of the above are checked a determination of limited incapacity is requested. 6. Is a guardianship being sought? ___________ Yes ___________ No

Check any possible alternatives to guardianship: ( ) a. trust agreements; ( ) b. powers of attorney; ( ) c. designations of health care surrogates; ( ) d. other advance directives; or ( ) e. other _____________________________ If a guardianship is being sought, explain why the checked possible alternatives to guardianship are insufficient to meet the needs of the respondent: _____________________________ _____________________________ _____________________________ 7. List the names, addresses, phone numbers, and relationships of the living next of kin of the respondent, including date of birth if the person is a minor. If married, this includes the spouse and all of his or her children: Name Address Relationship __________________ ____________________

__________________

__________________ ____________________

__________________

8. Name, address, and phone number of family physician, if known: _____________________________ _____________________________ WHEREFORE, this court is respectfully requested to determine incapacity of the respondent, award attorney’s fees

and costs pursuant to Chapter 744, Florida Statutes, and grant such other relief as the court deems just and proper. Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief. Signed on.....(date)...... _____________________________ Petitioner’s Signature Petitioner’s Printed _____________________________

Name:

Petitioner’s Address: _____________________________ _____________________________ Petitioner’s Phone _____________________________

Number:

Petitioner’s E-mail _____________________________

Address:

« Pt. V. •, « Rule 5.902. » Fla. Prob. R. 5.902

RULE 5.902. FORM FOR PETITION AND ORDER OF GUARDIAN. (a) Petition.

In the Circuit Court of the __________________ Judicial Circuit, in and for _____________________________ County, Florida Probate Division Case No. _____________________________ In Re: Guardianship of _____________________ Respondent’s Name _____________________ PETITION FOR APPOINTMENT OF GUARDIAN

Petitioner, ___________________________________, files this petition pursuant to section 744.1097, Florida Statutes, and alleges that: 1. The petitioner, proposed guardian .....(name)....., who is __________________ years of age, whose residential address is ______________________ and post office address is ______________________. The relationship of the petitioner to the respondent is ______________________. 2. Venue is proper in .....(county)....., pursuant to section 744.1097(2), Florida Statutes, (choose one):

( ) a. the incapacitated person resides in .....(county)....., Florida; ( ) b. the incapacitated person is not a Florida resident but owns property in .....(county)....., Florida; or ( ) c. a debtor of the incapacitated person resides in ..... (county)...., Florida and the incapacitated person is not a Florida resident and does not own property in Florida. 3. The nature of the incapacity of the respondent: _____________________________ _____________________________ _____________________________ 4. The extent of the guardianship requested for the respondent: ( ) a. plenary; or ( ) b. limited. 5. The guardianship requested for the respondent is (choose one): ( ) a. of the person; ( ) b. of the property; or ( ) c. of the person and property. 6. The nature and value of the property subject to guardianship: _____________________________ _____________________________ _____________________________ 7. The names and addresses of the living next of kin of the

respondent are: Name Address Relationship __________________ ____________________

__________________

__________________ ____________________

__________________

__________________ ____________________

__________________

8. Choose one: _____________________________ ( ) a. the petitioner proposes that .....(name)..... be appointed as guardian and that .....(name)..... is qualified to serve; ( ) b. a willing and qualified guardian has not been located; or ( ) c. the proposed guardian is a professional guardian and has complied with the registration requirements of section 744.2002, Florida Statutes. 9. The proposed guardian should be appointed because: _____________________________ _____________________________ _____________________________ 10. There ___________ are or ___________ are not alternatives to the appointment of a guardian, such as trust agreements, powers of attorney, designation of health care surrogate, or other advanced directive, known to petitioner. Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my

knowledge and belief. Signed on .....(date)...... Signature: _____________________________ Petitioner Name: _____________________________ Address: _____________________________ _____________________________ Phone Number: _____________________________ E-mail Address: _____________________________ (b) Order.

In the Circuit Court of the __________________ Judicial Circuit, in and for _____________________________ County, Florida Probate Division Case No. _____________________________ In Re: Guardianship of _____________________ Respondent’s Name _____________________ ORDER FOR APPOINTMENT OF GUARDIAN

1. By order of this court on .....(date)....., the respondent ..... (name)..... was adjudicated incapacitated and is now a ward as

defined in section 744.102(22), Florida Statutes. The extent of the incapacity is .....(plenary or limited)...... The ward retains the rights listed in section 744.3215(a), Florida Statutes. 2. No alternative to guardianship exists that sufficiently addresses the respondent’s needs. 3. A .....(plenary or limited)..... guardianship of the: ( ) a. person; ( ) b. property; or ( ) c. person and property is consistent with the respondent’s welfare and safety, is the least restrictive alternative, and reserves to the respondent the right to make decisions in all matters commensurate with the ward’s ability to do so. 4. .....(Name of guardian)..... is qualified to serve as ..... (plenary or limited)..... guardian of the: ( ) a. person; ( ) b. property; or ( ) c. person and property of the ward 5. ( ) a. .....(Name of guardian)..... is the standby guardian or preneed guardian; ( ) b. there is no standby guardian or preneed guardian; ( ) c. there is a standby guardian or preneed guardian, but such person is not qualified to serve pursuant to section 744.309, Florida Statutes; or ( ) d. there is a standby guardian or preneed guardian, but appointment of such person is contrary to the best interests of the

ward because: _____________________________ _____________________________ _____________________________ 6. Any additional facts that support the selection of guardian: _____________________________ _____________________________ _____________________________ 7. ( ) a. No advance directive exists; ( ) b. the following advance directive exists and is entitled .....(name of advance directive)..... and is dated .....(date of advance directive).....; ( ) c. the advance directive is being revoked or modified and the surrogate under the advance directive entitled .....(name of advance directive)..... and is dated .....(date of advance directive)..... was given notice of this proceeding and any motion to revoke or modify the advance directive; or ( ) d. if the advance directive is being revoked or modified the facts supporting the revocation or modification: _____________________________ _____________________________ _____________________________ ORDERED and ADJUDGED as follows: 8. The court hereby appoints .....(name of guardian)..... as the.....(plenary or limited)..... guardian of the: ( ) a. person;

( ) b. property; or ( ) c. person and property of the ward 9. The guardian may exercise only those delegable rights that have been removed from the ward and specifically delegated to the guardian, which are: ( ) a. to contract; ( ) b. to sue and defend lawsuits; ( ) c. to apply for government benefits; ( ) d. to manage property or to make any gift or disposition of property; ( ) e. to determine the ward’s residence; ( ) f. to consent to medical and mental health treatment; and ( ) g. to make decisions about the ward’s social environment or other social aspects of the ward’s life. 10. The guardian may not exercise the following rights, even if such rights were removed from the ward: a. to marry; b. to vote; c. to personally apply for government benefits; d. to have a driver license; e. to travel; and f. to seek or retain employment. 11. The amount of the bond to be given by the guardian is: _____________________________

12. The guardian: ( ) a. must; or ( ) b. is not required to place all, or part, of the property of the ward in a restricted account in a financial institution designated pursuant to section 69.031, Florida Statutes. 13. ( ) a. No known advance directive exists; ( ) b. the advance directive entitled .....(name of advance directive)..... and is dated .....(date of advance directive)..... is being modified or revoked as follows: ( ) i. the surrogate shall not continue to exercise any authority over the ward with regard to health care decisions; ( ) ii. the surrogate shall continue to exercise authority over the respondent with regard to health care decisions; ( ) iii. the surrogate shall exercise the following authority over the ward with regard to: _____________________________ _____________________________ _____________________________; or ( ) iv. The guardian shall exercise the following authority over the ward with regard to health care decisions: _____________________________ _____________________________ 14. The respondent .....(may or may not)..... have a license to carry a firearm or possess a weapon or firearm.

ORDERED this .....(date)......

« Pt. V. •, « Rule 5.903. » Fla. Prob. R. 5.903

RULE 5.903. LETTERS OF GUARDIANSHIP. (a) Letters of Guardianship of the Person. FORM LETTERS OF GUARDIANSHIP OF THE PERSON

LETTERS OF .....(PLENARY OR LIMITED)..... GUARDIANSHIP OF THE PERSON TO ALL WHOM IT MAY CONCERN:

WHEREAS, .....(guardian’s name)..... has been appointed ..... (plenary or limited)..... guardian of the person of .....(the ward)..... and has taken the prescribed oath and performed all other acts prerequisite to issuance of .....(plenary or limited)..... letters of guardianship of the person of the ward. NOW THEREFORE, I, the undersigned judge, declare ..... (guardian’s name)..... duly qualified under the laws of the State of Florida to act as .....(plenary or limited)..... guardian of the person of .....(ward’s name)..... with full power to exercise all power or the following powers and duties pertaining to the ward’s person: ( ) 1. to determine his or her residence; ( ) 2. to consent to medical and mental health treatment; and ( ) 3. to make decisions about his or her social environment

or other social aspects of his or her life; except the guardian shall not exercise any rights enumerated under section 744.3215(1), Florida Statutes. The guardian _______ shall _______ not execute any power over any health care surrogate appointed by any valid advance directive executed by the ward, pursuant to section 744.345, Florida Statutes, except upon order of this court. ORDERED this .....(date)...... (b) Letters of Guardianship of the Property. FORM LETTERS OF GUARDIANSHIP OF THE PROPERTY

LETTERS OF .....(PLENARY OR LIMITED)..... GUARDIANSHIP OF THE PROPERTY TO ALL WHOM IT MAY CONCERN:

WHEREAS, .....(guardian’s name)..... has been appointed ..... (plenary or limited)..... guardian of the property of .....(the ward)..... and has taken the prescribed oath and performed all other acts prerequisite to issuance of .....(plenary or limited)..... letters of guardianship of the property of the ward. NOW THEREFORE, I, the undersigned judge, declare ..... (guardian’s name)..... duly qualified under the laws of the State of Florida to act as .....(plenary or limited)..... guardian of the

property of .....(ward’s name)..... with full power to exercise all delegable legal rights and powers of the ward, (or these listed): ( ) 1. to contract; ( ) 2. to sue and defend lawsuits; ( ) 3. to apply for government benefits; and ( ) 4. to manage property or to make any gift or disposition of property; except the guardian shall not exercise any rights enumerated under section 744.3215(1), Florida Statutes. ORDERED this .....(date)......

« Pt. V. •, « Rule 5.904. » Fla. Prob. R. 5.904

RULE 5.904. FORMS FOR INITIAL AND ANNUAL GUARDIANSHIP PLANS. (a) Initial Guardianship Plan for Minor.

In Re: Guardianship of _____________________ Minor Ward _____________________ INITIAL GUARDIANSHIP PLAN FOR MINOR

.....(Guardian’s name)....., the guardian of the person of ..... (ward’s name)....., submits the following annual plan for the period beginning on .....(beginning date)..... and ending on ..... (ending date)....., for the benefit of the ward. 1. The ward’s address at the time of filing this plan is: _____________________________ _____________________________ 2. The medical, dental, mental, or personal care services for the welfare of the ward that will be provided during the upcoming year are:

3. The social and personal services to be provided for the welfare of the ward during the upcoming year are: _____________________________ _____________________________ _____________________________ 4. The place and kind of residential setting best suited for the needs of the ward is: _____________________________ _____________________________ _____________________________ 5. The physical and/or mental examinations necessary to determine the ward’s medical, dental, and mental health treatment needs are: _____________________________ _____________________________ _____________________________ 6.

Education of the ward:

Name and address of the school the ward will attend: _____________________________ _____________________________ Grade level of ward: _____________________________ Description of classes the _____________________________

ward

will

attend:

7.

Consulting with ward (Check one): ( ) a. The ward is under age 14; OR

( ) b. The guardian attests that the guardian has consulted with the ward (if ward is 14 years of age or older) and, to the extent reasonable, honored the ward’s wishes consistent with the rights retained by the ward under the plan, and to the maximum extent reasonable, the plan is in accordance with the wishes of the ward. 8. This initial plan does not restrict the physical liberty of the ward more than is reasonably necessary to protect the ward from serious physical injury, illness, or disease and provides the ward with medical care and mental health treatment for the ward’s physical and mental health. (Please use additional sheets if necessary) Under penalties of perjury, I declare that I have completed and read the foregoing, and the facts set forth are true, to the best of my knowledge and belief. Signed on .....(date)...... [A certificate of service is required if ward is 14 years of age or older.] [I certify that the foregoing document has been furnished to .....(name, address used for service, mailing address, and e-mail address)..... by (e-mail) (delivery) (mail) (fax) on .....(date)......]

If the guardian is represented by counsel, the attorney must comply with Florida Rule of Judicial Administration 2.515. (b) Annual Guardianship Plan for Minor.

In Re: Guardianship of _____________________ Minor Ward _____________________ ANNUAL GUARDIANSHIP PLAN FOR MINOR

.....(Guardian’s name)....., the guardian of the person of ..... (ward’s name)....., submits the following annual plan for the period beginning on .....(beginning date)..... and ending on ..... (ending date)...... 1. The ward’s address at the time of filing this plan is: _____________________________ _________ During the prior 12 months, the ward resided at (include dates, names, addresses, and length of stay at each location):

2. List any professional treatment (medical or dental) given to the ward during the prior 12 months:

3. A report from the physician who examined the ward no more than 180 days before the beginning of the applicable reporting period that contains an evaluation of the ward’s physical and mental conditions has been filed with this plan. [See subdivision (e) of this rule for a format for a physician’s report.] 4. The plan for providing medical or dental services in the coming year: _____________________________ _____________________________ _____________________________ 5.

A summary of the ward’s school progress report:

_____________________________ _____________________________ _____________________________ 6. A description of the ward’s social development, including how well the ward communicates and maintains interpersonal relationships: _____________________________ _____________________________ _____________________________ 7.

The social needs of the ward are:

_____________________________

_____________________________ _____________________________ 8.

Consulting with ward (Check one): ( ) a. The ward is under age 14;

OR ( ) b. The guardian attests that the guardian has consulted with the ward (if ward is 14 years of age or older) and, to the extent reasonable, honored the ward’s wishes consistent with the rights retained by the ward under the plan, and to the maximum extent reasonable, the plan is in accordance with the wishes of the ward. (Please use additional sheets if necessary) Under penalties of perjury, I declare that I have completed and read the foregoing, and the facts set forth are true, to the best of my knowledge and belief. Signed on .....(date)...... [A certificate of service is required if ward is 14 years of age or older.] [I certify that the foregoing document has been furnished to .....(name, address used for service, mailing address, and e-mail address)..... by .....(e-mail) (delivery) (mail) (fax)..... on ..... (date)......]

(c) Initial Guardianship Plan for Adult.

INITIAL GUARDIANSHIP PLAN (Initial Report of Guardian/Guardian Advocate)

.....(Guardian’s name)....., the guardian of the person/guardian advocate of .....(ward’s name)....., the ward, submits the following initial plan: During the period beginning .....(beginning date)....., and ending on .....(ending date)......, the guardian proposes the following plan for the benefit of the ward. 1. The medical, mental, or personal care services for the welfare of the ward that will be provided during the upcoming year are:

2. The social and personal services to be provided for the welfare of the ward during the upcoming year are: _____________________________ _____________________________ _____________________________

3. The place and kind of residential setting best suited for the needs of the ward is: _____________________________ _____________________________ _____________________________ 4. Describe the health and accident insurance and any other private or governmental benefits to which the ward may be entitled to meet any part of the costs of medical, mental health, or related services provided to the ward: _____________________________ _____________________________ _____________________________ 5. The physical and/or mental examinations necessary to determine the ward’s medical, and mental health treatment needs are: _____________________________ _____________________________ _____________________________ 6. The guardian/guardian advocate hereby attests that the guardian/guardian advocate has consulted with the ward and, to the extent reasonable, honored the ward’s wishes consistent with the rights retained by the ward under the plan, and to the maximum extent reasonable, the plan is in accordance with the wishes of the ward. 7. This initial plan does not restrict the physical liberty of the ward more than is reasonably necessary to protect the ward from serious physical injury, illness, or disease and provides the ward with medical care and mental health treatment for the ward’s physical and mental health.

(Please use additional sheets if necessary) Under penalties of perjury, I declare that I have completed and read the foregoing, and the facts set forth are true, to the best of my knowledge and belief. Signed on .....(date)...... [A certificate of service is required unless ward has been declared totally incapacitated.] [I certify that the foregoing document has been furnished to .....(name, address used for service, mailing address, and e-mail address)..... by .....(e-mail) (delivery) (mail) (fax)..... on ..... (date)......]

(d) Annual Guardianship Plan for Adult.

ANNUAL GUARDIANSHIP PLAN OF GUARDIAN/ GUARDIAN ADVOCATE OF THE PERSON

.....(Guardian’s name)....., the guardian of the person/guardian advocate of .....(ward’s name)....., the ward, submits the following annual plan for the period beginning .....(beginning

date)..... ending .....(ending date)...... 1. The ward’s address at the time of filing this plan is: _____________________________ 2. During the prior 12 months, the ward resided or was maintained at (include dates, names, addresses, and length of stay at each location):

3. The residential setting best suited for the current needs of the ward is (Check one): ( ) a. group home; ( ) b. assisted living; ( ) c. nursing home; ( ) d. live with parents; ( ) e. at ward’s private residence; or ( ) f. other: _____________________________ 4. Plans for ensuring that the ward is in the best residential setting to meet the ward’s needs during the coming year are as follows: _____________________________ _____________________________ _____________________________ 5. The following is a list of any medical treatment given to the ward during the preceding year:

6. Attached is a report of a physician who examined the ward no more than 90 days before the end of the report period, including that physician’s evaluation of the ward’s condition and a statement of the current level of capacity of the ward. 7. The plan for provision of medical, dental, mental health, and rehabilitative services (for example, occupational therapy, physical therapy, speech therapy, applied behavioral analysis) in the coming year is:

8. The following information is submitted concerning the social condition of the ward: a. The ward is currently using the following social and personal services (include name, services rendered, and address of each provider), including any groups the ward is participating in:

b. The following is a statement of the social skills of the ward, including how well the ward maintains interpersonal relationships with others: _____________________________

_____________________________ _____________________________ c. The following is a description of the social needs of the ward, if any: _____________________________ _____________________________ _____________________________ 9. The following is a summary of activities during the preceding year designed to increase the capacity of the ward, including involvement in groups or group activities: _____________________________ _____________________________ _____________________________ 10. Is the ward now capable of having some or all of the ward’s rights restored? ( ) If yes, identify the rights that should be restored: _____________________________ _____________________________ 11. ward?

Do you plan to seek the restoration of any rights to the

( ) If yes, identify the rights that you are seeking to be restored: _____________________________ _____________________________ 12. This _______ plan has or _______ has not been reviewed with the ward. (Please use additional sheets where necessary)

Under penalties of perjury, I declare that I have completed and read the foregoing, and the facts set forth are true, to the best of my knowledge and belief. Signed on .....(date)...... [A certificate of service is required unless ward has been declared totally incapacitated.] [I certify that the foregoing document has been furnished to .....(name, address used for service, mailing address, and e-mail address)..... by .....(e-mail) (delivery) (mail) (fax)..... on ..... (date)......]

If the guardian is represented by counsel, the attorney must comply with Florida Rule of Judicial Administration 2.515 (every document of a party represented by an attorney shall be signed by at least one attorney of record). (e) Physician’s Report.

PHYSICIAN’S REPORT (Required by section 744.3675, Florida Statutes)

1.

Name of Physician: _____________________________ Address: _____________________________

_____________________________ 2.

Name of ward: _____________________________

3.

Date of examination: _____________________________

4. Purpose _____________________________

of

examination:

a. Regular checkup: _____________________________ b. Treatment for: _____________________________ 5. Evaluation of ward’s condition: (Specify mental and physical condition at time of examination) _____________________________ _____________________________ _____________________________ 6. Description of ward’s capacity to live independently: _____________________________ _____________________________ _____________________________ 7. The ward _______ does _______ does not continue to need assistance of a guardian. 8. Is the ward capable of being restored to capacity at this time? _______ Yes _______ No Are there any rights that can be restored at this time? Check any rights that can be restored: ( ) a. to marry;

( ) b. to vote; ( ) c. to personally apply for government benefits; ( ) d. to have a driver license; ( ) e. to travel; ( ) f. to seek or retain employment; ( ) g. to contract; ( ) h. to sue and defend lawsuits; ( ) i. to apply for government benefits; ( ) j. to manage property or to make any gift or disposition of property; ( ) k. to determine his or her residence; ( ) l. to consent to medical and mental health treatment; or ( ) m. to make decisions about his or her social environment or other social aspects of his or her life. 9.

Date of this report: _____________________________

10. Signature of physician completing this report: _____________________________ APPENDIX A INSTRUCTIONS TO GUARDIANS AND GUARDIAN ADVOCATES FOR FILING ANNUAL PLANS ANNUAL PLANS

1. Fill in the name of the County where the case is filed on the second blank line at the top where it reads “IN AND FOR _________ COUNTY.” 2. Print the name of the ward on the line just below the “In Re: Guardianship of” caption.

3. Put the case number in the space marked “CASE NO.” in the upper right-hand corner (same as court file number). 4. On the first blank line after the title of the document (Annual Plan), print the guardian’s name. 5. On the next blank line, print the ward’s name. 6. Write in the dates for the period of time of the plan. This period should end on the last day of the month of the month you were appointed and begin a full year before that. If you do not know your plan period, please see the chart below. Please call the Clerk’s Office or the appropriate Court Staff in the county where you are filing, if you cannot determine the plan period after reviewing the chart. 7. Type or print answers to all of the questions on the plan. If the question does not apply to your ward’s circumstances, write in the phrase “not applicable.” Fill in all the blanks. If your ward has a habilitation plan (produced by the social worker or the Florida Department of Children and Families) and it has changed, please provide a copy of the habilitation as an attachment to the plan. If the habilitation plan has not changed then do not file a copy. 8. In paragraph 9, if your ward participates in groups, include that information in this paragraph. 9. Sign your name, and print your name, address, e-mail address, and phone number where indicated. If there are coguardian advocates, both must sign the plan. 10. Make a copy of the plan for your records in the event there is a problem and work from it for next year’s plan. Make a copy of any attachments to the plan, as well.

11. Mail or hand deliver the original plan to the Clerk of Court of your county where the case is filed. You MUST also send a copy of the plan to your attorney, if you have an attorney, so that the attorney will know that you have filed the plan and will have a copy of the plan in case there is a problem. APPENDIX B ANNUAL ACCOUNTING AND PLAN DATES (IF FISCAL YEAR REPORT PERIOD)

« Pt. V. •, « Rule 5.905. » Fla. Prob. R. 5.905

RULE 5.905. FORM FOR PETITION, NOTICE, AND ORDER FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON. (a) Petition. FORM FOR USE IN PETITION FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON PURSUANT TO FLORIDA PROBATE RULE 5.649

In Re: Guardianship Advocacy of _____________________ Respondent’s Name Person with Developmental Disability _____________________ PETITION FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON

Petitioner, ______________________________, files this petition pursuant to section 393.12, Florida Statutes, and Florida Probate Rule 5.649 and alleges that: 1. The petitioner, proposed guardian advocate .....(name)....., is _________ years of age, whose residential address is _____________________ and post office address is _____________________. The relationship of the petitioner to the respondent is _____________________________

2. .....(Respondent’s name)..... is a person with a developmental disability who was born on ___________ and who is _______ years of age, who resides in _________ County, Florida. The residential address of the respondent is ______________________________ and the post office address is _____________________________ 3. The petitioner believes that respondent needs a guardian advocate: a. due to the following developmental disability: ( ) i. intellectual disability; ( ) ii. cerebral palsy; ( ) iii. autism; ( ) iv. spina bifida; ( ) v. Down syndrome; ( ) vi. Phelan-McDermid syndrome; or ( ) vii. Prader-Willi syndrome, which manifested prior to the age of 18. b. The developmental disability has resulted in the following substantial handicaps: _____________________________ _____________________________ 4. The exact areas in which the person with the developmental disability lacks the ability to make informed decisions about his/her care and treatment services or to meet the essential requirements for his/her physical health or safety are as follows:

( ) a. to apply for government benefits; ( ) b. to determine residency; ( ) c. to consent to medical and mental health treatment; ( ) d. to make decisions about social environment/social aspects of life; and ( ) e. to make decisions regarding education. 5. There are no alternatives to guardian advocacy, such as trust agreements, powers of attorney, designation of health care surrogate, or other advanced directive, known to petitioner that would sufficiently address the problems of the respondent in whole or in part. Thus, it is necessary that a guardian advocate be appointed to exercise some but not all of the rights of respondent. 6. The names and addresses of the next of kin of the respondent are:

7. The proposed guardian advocate .....(name)....., whose residence address is ___________________________ and whose post office address is ___________________________; is over the age of 18 and otherwise qualified under the laws of the State of Florida to act as guardian advocate of the person of respondent. The proposed guardian advocate is not a professional guardian. The relationship of the proposed guardian advocate with the providers of health care services, residential services, or other services to the respondent is (if none, indicate: NONE): _____________________________

_____________________________ ____________________ 8. The petitioner(s) allege(s) that to their knowledge, information, and belief, respondent _________ has or _________ has NOT executed an advance directive under chapter 765, Florida Statutes, (designated health case surrogate or other advance directive) or a durable power of attorney under chapter 709, Florida Statutes. 9. (If a Co-Guardian Advocate sought, complete this paragraph.) Petitioner requests that ___________________________ be appointed co-guardian advocate of the person of respondent. The proposed co-guardian advocate .....(name)....., who is _________ years of age, whose residence is __________________; whose post office address is ___________________________; is over the age of 18 and otherwise qualified under the laws of the State of Florida to act as guardian advocate of the person of respondent. The proposed co-guardian advocate is not a professional guardian. The relationship of the proposed co-guardian advocate with the providers of health care services, residential services, or other services to the respondent is (if none, indicate: NONE): _____________________________ _____________________________ ____________________ The relationship and previous association of the proposed coguardian advocate to the respondent is ____________________ . The proposed co-guardian advocate should be appointed because: _____________________________ _____________________________

_____________________________

(b) Notice. The notice of the filing of the petition for the appointment of guardian advocate of the person and notice of hearing must be served with the petition for appointment of guardian advocate of the person pursuant to subdivision (a) of this rule. FORM FOR NOTICE OF FILING OF A PETITION FOR APPOINTMENT OF GUARDIAN ADVOCATE OF THE PERSON PURSUANT TO SECTION 393.12(4), FLORIDA STATUTES, AND NOTICE OF HEARING

In Re: Guardianship Advocacy of _____________________ Respondent’s Name Person with Developmental Disability _____________________

NOTICE OF FILING OF A PETITION FOR APPOINTMENT OF GUARDIAN ADVOCATE AND NOTICE OF HEARING

TO: .....(Respondent)....., .....(attorney for respondent)....., ..... (next of kin)....., .....(healthcare surrogate)....., and .....(agent under durable power of attorney)..... YOU ARE NOTIFIED that a petition for appointment of guardian advocate of the person has been filed. A copy of the petition for appointment of guardian advocate of the person is attached to this notice. There will be a hearing on the petition as follows: You are to appear before the Honorable ...................., Judge, at .....(time)....., on .....(date)....., at the county courthouse of .................... County, in ...................., Florida for the hearing of this petition. The reason for this hearing is to inquire into the capacity of the respondent, the person with a developmental disability, to exercise the rights enumerated in the petition. (See § 744.102(12)(b), Fla. Stat.) The respondent has the right to be represented by counsel of his or her own choice and the court has initially appointed the following attorney to represent the respondent: Attorney for the respondent: .....(name)....., .....(address)......, .....(phone)....., .....(e-mail)...... Respondent has the right to substitute an attorney of his or her own choice in place of the attorney appointed by the court.

CERTIFICATE OF SERVICE

I CERTIFY that a copy of the foregoing notice of filing petition to appoint guardian advocate and notice of hearing and a copy of the petition for appointment of guardian advocate of the person was served on all persons indicated above, including on the attorney for the respondent, on .....(date)......

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (c) Order.

ORDER APPOINTING GUARDIAN ADVOCATE

Upon consideration of the petition for the appointment of guardian advocate of the person, the court finds that ..... (respondent’s name)..... has a developmental disability of a nature that requires the appointment of guardian advocate of the person based upon the following findings of fact and conclusions of law: 1. The nature and scope of the person’s lack of decisionmaking ability are: _____________________________ _____________________________ _____________________________ _____________________________ 2. The exact areas in which the person lacks decision-making ability to make informed decisions about care and treatment services or to meet the essential requirements for his/her health and safety are specified in number 4. 3. The specific legal disabilities to which the person with a developmental disability is subject to are: _____________________________ _____________________________

_____________________________ 4. The powers and duties delegated to the guardian advocate are: ( ) a. to apply for government benefits; ( ) b. to determine residency; ( ) c. to consent to medical and mental health treatment; ( ) d. to make decisions about social environment/social aspects of life; and ( ) e. to make decisions regarding education. 5. There are no alternatives to guardian advocacy, such as trust agreements, powers of attorney, designation of health care surrogate, or other advanced directive, known to petitioner that would sufficiently address the problems of the respondent in whole or in part. Thus, it is necessary that a guardian advocate be appointed to exercise some but not all of the rights of respondent. 6. Without first obtaining specific authority from the court, as stated in section 744.3725, Florida Statutes, the guardian advocate may not exercise any authority over any health care surrogate appointed by any valid advance directive executed by the disabled person, pursuant to Chapter 765, Florida Statutes, except upon further order of this Court. ORDERED AND ADJUDGED: 1. .....(Name)..... is qualified to serve as guardian advocate and is hereby appointed as guardian advocate of the person of ..... (respondent’s name)...... 2. The guardian advocate shall exercise only the rights that

the court has found the disabled person incapable of exercising on his or her own behalf, as outlined herein above. Said rights are specifically delegated to the guardian advocate. ORDERED this .....(date)......

« Pt. V. •, « Rule 5.906. » Fla. Prob. R. 5.906

RULE 5.906. LETTERS OF GUARDIAN ADVOCACY. FORM LETTERS OF GUARDIAN ADVOCACY

In Re: Guardianship Advocacy of _____________________ Respondent’s Name Person with Developmental Disability _____________________ LETTERS OF GUARDIAN ADVOCATE (CO-GUARDIAN ADVOCATES) OF THE PERSON

TO ALL WHOM IT MAY CONCERN: WHEREAS, .....(guardian advocate’s name(s))..... has/have been appointed guardian advocate(s) of the person of .....(the ward)....., a person with a developmental disability who lacks the decision-making capacity to do some of the tasks necessary to take care of his/her person; and NOW, THEREFORE, I, the undersigned, declare that ..... (guardian advocate’s name(s))..... is/are duly qualified under the laws of the State of Florida to act as guardian advocate of the person of .....(the ward)...., with full power to exercise the following powers and duties on behalf of the person with a developmental disability:

( ) 1. to apply for government benefits; ( ) 2. to determine residency; ( ) 3. to consent to medical and mental health treatment; and ( ) 4. to make decisions about social environment and social aspects of life; and ( ) 5. to make decisions regarding education.

Without first obtaining specific authority from the court, pursuant to sections 744.3215(4) and 744.3725, Florida Statutes, the guardian advocate (co-guardian advocates) may not: a. commit the respondent to a facility, institution, or licensed service provider without formal placement proceedings pursuant to Chapter 393, Florida Statutes; b. consent to the participation of the respondent in any experimental biomedical or behavior procedure, exam, study, or research; c. consent to the performance of sterilization or abortion procedure on the respondent; d. consent to termination of life support systems provided for the respondent; e. initiate a petition for dissolution of marriage for the ward; or f. exercise any authority over any health care surrogate appointment by a valid advance directive executed by the disabled person, pursuant to Chapter 765, Florida Statutes, except upon further order of this court.

The respondent shall retain all legal rights except those that are specifically granted to the guardian advocate (co-guardian advocates) pursuant to court order. ORDERED this .....(date)......

« Pt. V. •, « Rule 5.910. » Fla. Prob. R. 5.910

RULE 5.910. INVENTORY.

« Pt. V. •, « Rule 5.920. • Fla. Prob. R. 5.920

RULE 5.920. FORMS RELATED TO INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT. (a) Petition for Injunction. Petitioners should take steps to protect confidential information within the petition for injunction pursuant to Florida Rule of Judicial Administration 2.420 and minimize sensitive information within the petition for injunction pursuant to Florida Rule of Judicial Administration 2.425. IN THE CIRCUIT COURT OF THE ___________ JUDICIAL CIRCUIT, IN AND FOR ___________ COUNTY, FLORIDA

PETITION FOR INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT UNDER SECTION 825.1035, FLORIDA STATUTES

Before me, the undersigned authority, personally appeared petitioner __________________ who has been sworn and says that the following statements are true: 1. The vulnerable adult, ___________, whose age is ___________, who resides at (address): _____________________________ 2. Section 825.101(14), Florida Statutes, provides that a vulnerable adult is a person whose ability to perform the normal activities of daily living or to provide for his or her own care or

protection is impaired due to a mental, emotional, sensory, longterm physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging. Please describe the vulnerable adult’s inability to perform the normal activities of daily living. _____________________________ _____________________________ _____________________________ _____________________________ 3. The petitioner’s relationship to the vulnerable adult is: _______, and the petitioner has the right to bring the petition because: _____________________________ 4. The respondent, _______, resides at (last known address): _____________________________ _____________________________ 5. The respondent’s last known place of employment is: _____________________________ _____________________________ 6. The physical description of the respondent is:

7. Aliases of the _____________________________

respondent

are:

8. The respondent is associated with the vulnerable adult as follows: _____________________________ _____________________________ 9. The following describes other causes of action:

(a) _______ there is/are 1 or more cause(s) of action currently pending between the petitioner and the respondent, and/or a proceeding under the Florida Guardianship Code, chapter 744, Florida Statutes, concerning the vulnerable adult. Describe causes of action here: _____________________________ (b) Related case numbers and county where filed, if available: _____________________________ _____________________________ (c) _______ there are previous or pending attempts by the petitioner to obtain an injunction for protection against exploitation of the vulnerable adult in this or any other circuit. Describe attempts here: _____________________________ _____________________________ (d) The results of _____________________________

any

such

attempts:

_____________________________ 10. The following describes the petitioner’s knowledge of: (a) Any reports made to a government agency, such as the Department of Elder Affairs or the Department of Children and Families: _____________________________ _____________________________ _____________________________ (b) Any investigations performed by a government agency relating to abuse, neglect, or exploitation of the vulnerable adult: _____________________________ _____________________________

and (c) The results of any such reports or investigations: _____________________________ _____________________________ _____________________________ _____________________________ 11. The petitioner knows or has reasonable cause to believe the vulnerable adult is either a victim of exploitation or is in imminent danger of becoming a victim of exploitation, because the respondent (include a description of any incidents or threats of exploitation by the respondent here): _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ 12. The following describes: (a) The petitioner’s knowledge of the vulnerable adult’s dependence on the respondent for care: _____________________________ (b) Alternative provisions for the vulnerable adult’s care in the absence of the respondent, if necessary: _____________________________ (c) Available resources the vulnerable adult has for such

alternative provisions: _____________________________ (d) The vulnerable adult’s willingness to use such alternative provisions: _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ 13. The petitioner knows the vulnerable adult maintains assets, accounts, or lines of credit at the following institutions:

14. If petitioner is seeking to freeze assets of the vulnerable adult, petitioner believes that the vulnerable adult’s assets to be frozen are (check one): _______ Worth less than $1,500 _______ Worth from $1,500 to $5,000 _______ Worth more than $5,000 15. The petitioner genuinely fears imminent exploitation of the vulnerable adult by the respondent. 16. The petitioner seeks an injunction for the protection of the vulnerable adult, including (mark appropriate section or sections):

_______ Prohibiting the respondent from having any direct or indirect contact with the vulnerable adult. _______ Immediately restraining the respondent from committing any acts of exploitation against the vulnerable adult. _______ Freezing the below assets, accounts, and/or lines of credit of the vulnerable adult, listed below even if titled jointly with the respondent, or in the respondent’s name only, in the court’s discretion.

_______ Providing any terms the court deems necessary for the protection of the vulnerable adult or his or her assets, including any injunctions or directives to law enforcement agencies, including: _____________________________ _____________________________ 17. If the court enters an injunction freezing assets, accounts, and credit lines: (a) the petitioner believes that the critical expenses of the vulnerable adult will be paid for or provided by the following persons or entities: _____________________________ _____________________________ _____________________________ _____________________________

OR (b) The petitioner requests that the following expenses be paid notwithstanding the freezing of assets, accounts, or lines of credit from the following institution(s): _____________________________ _____________________________ _____________________________ _____________________________ I ACKNOWLEDGE THAT PURSUANT TO SECTION 415.1034, FLORIDA STATUTES, ANY PERSON WHO KNOWS, OR HAS REASONABLE CAUSE TO SUSPECT, THAT A VULNERABLE ADULT HAS BEEN OR IS BEING ABUSED, NEGLECTED, OR EXPLOITED HAS A DUTY TO IMMEDIATELY REPORT SUCH KNOWLEDGE OR SUSPICION TO THE CENTRAL ABUSE HOTLINE. I HAVE REPORTED THE ALLEGATIONS IN THIS PETITION TO THE CENTRAL ABUSE HOTLINE. I HAVE READ EACH STATEMENT MADE IN THIS PETITION AND EACH SUCH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.

STATE OF FLORIDA

COUNTY OF ___________ Sworn to or affirmed and signed before me on .....(date)......

_______ Personally identification

known

or

_______

Type of identification _____________________________

Produced produced:

(b) Temporary Protective Injunction Against Exploitation of a Vulnerable Adult. IN THE CIRCUIT COURT OF THE ___________ JUDICIAL CIRCUIT, IN AND FOR ___________ COUNTY, FLORIDA

TEMPORARY PROTECTIVE INJUNCTION AGAINST EXPLOITATION OF A VULNERABLE ADULT AND NOTICE OF HEARING

This cause came before the court, which has jurisdiction over the parties and subject matter under state law. The court having reviewed the petition and affidavits and considered argument of counsel, finds as follows: 1. _______ Reasonable notice and opportunity to be heard was given to the respondent in a manner sufficient to protect his or her due process rights. Date of service _____________________________

OR 2. _______ The court conducted its review ex parte. 3. An immediate and present danger of exploitation of the vulnerable adult exists. 4. There is a likelihood of irreparable harm and unavailability of an adequate legal remedy. 5. There is a substantial likelihood of success on the merits. 6. The threatened injury to the vulnerable adult outweighs possible harm to the respondent. 7. Granting a temporary injunction will not disserve the public interest. 8. This injunction provides for the vulnerable adult’s physical or financial safety. 9. These findings were based on the following facts: _____________________________ _____________________________ _____________________________ _____________________________ Accordingly, it is hereby ADJUDGED that: The petitioner’s request for a temporary protective injunction is GRANTED. This injunction is valid for 15 days from the date of this order or _______. The full hearing is set for .....(date)....., at .....(time)...... The hearing will be held before the Honorable _______ at _______, Florida. It is further ordered that:

_______ The respondent shall not commit any act of exploitation against the vulnerable adult. _______ The respondent will have no contact with vulnerable adult. _______ The vulnerable adult is awarded temporarily exclusive use and possession of any dwelling he or she shares with the respondent. _______ The respondent is barred from entering the residence of the vulnerable adult. _______ The vulnerable adult’s assets, accounts, and/or credit lines are hereby frozen until further court order except: _____________________________ _____________________________ _______ Institution(s) served on .....(date)...... _______ The following institution(s) _______ holding the vulnerable adult’s assets shall use his or her unencumbered assets to pay the clerk of court the following filing fee: _______ $75.00 (if assets are between $1,500-$5,000) OR _______ $200.00 (if assets are more than $5,000). If the court enters an injunction, these fees will be taxed as costs against the respondent. Law enforcement is hereby _____________________________ _____________________________ _____________________________

directed

to:

Other relief: _____________________________ _____________________________ _____________________________ This injunction is valid and enforceable in all Florida counties, does not affect title to real property, and law enforcement may use their section 901.15(6), Florida Statutes, arrest powers to enforce its terms. DONE and ORDERED on .....(date)..... at .....(time)...... CC: All parties and counsel of record COPIES TO: (Check those that apply) Petitioner: _______ by U. S. Mail _______ by hand delivery in open court (Petitioner must acknowledge receipt in writing on the original order—see below.) Vulnerable Adult (if not petitioner) _______ by U. S. Mail _______ by hand delivery in open court Respondent: _______ forwarded to Sheriff for service _______ by U. S. Mail _______ by hand delivery in open court (Respondent must acknowledge receipt in writing on the original order—see

below.) _______ by certified mail (May only be used when respondent is present at the hearing and Respondent fails or refuses to acknowledge the receipt of a certified copy of this injunction.) _______ Other: _____________________________ Petitioner’s Attorney: _______ by e-mail Respondent’s Attorney: _______ by e-mail I CERTIFY the foregoing is a true copy of the original as it appears on file in the office of the clerk of the circuit court of ___________ County, Florida, and that I have furnished copies of this order as indicated above on .....(date)......

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (c) Order Denying Injunction and Notice of Hearing. IN THE CIRCUIT COURT OF THE ___________ JUDICIAL CIRCUIT, IN AND FOR ___________ COUNTY, FLORIDA

ORDER DENYING REQUEST FOR TEMPORARY INJUNCTION AND SETTING HEARING ON PETITION FOR INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT

A petition for injunction for protection against exploitation of a vulnerable adult has been reviewed. This court has jurisdiction over the parties and of the subject matter. Based upon the facts stated in the petition, the court finds: The facts supporting the denial of the request for an ex parte injunction are: _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ The court finds that based upon the facts, as stated in the petition alone and without a hearing in the matter, there is no appearance of an immediate and present danger of exploitation of a vulnerable adult. IT IS THEREFORE ORDERED: The request for a temporary injunction for protection against

exploitation of a vulnerable adult is denied. A hearing is scheduled on the petition for injunction for protection against exploitation of a vulnerable adult. The petitioner has the right to promptly amend any petition consistent with court rules. NOTICE OF HEARING

A hearing is scheduled regarding this matter on .....(date)....., at .....(time)....., when the court will fully hear the allegations in the petition for injunction for protection against exploitation of a vulnerable adult. The hearing will be before The Honorable ..... (name)....., at the following .....(address)....., Florida. All witnesses and evidence, if any, must be presented at this time. IF EITHER PETITIONER OR RESPONDENT DO NOT APPEAR AT THE FINAL HEARING, HE OR SHE WILL BE BOUND BY THE TERMS OF ANY INJUNCTION OR ORDER ISSUED IN THIS MATTER. Nothing in this order limits petitioner’s rights to dismiss the petition. DONE AND ORDERED in, ___________ Florida, on ..... (date)...... COPIES TO: Sheriff of _________ County CERTIFICATE OF SERVICE: Petitioner: _______ by U. S. Mail _______ by e-mail to designated e-mail address(es) Respondent will be served by sheriff. Vulnerable Adult will be served by sheriff.

The financial institution will be served by sheriff. (If any assets, accounts, or lines of credit are requested to be frozen, insert names of the financial institutions.) I CERTIFY the foregoing is a true copy of the original as it appears on file in the office of the clerk of the circuit court of _________ County, Florida, and that I have furnished copies of this order as indicated above.

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (d) Final Protective Injunction. IN THE CIRCUIT COURT OF THE ___________ JUDICIAL CIRCUIT, IN AND FOR ___________ COUNTY, FLORIDA

PERMANENT INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT

This cause came before the court, which has jurisdiction over the parties and subject matter under state law. The court having reviewed the petition and affidavits and considered the testimony presented and argument of counsel, finds as follows: 1. Reasonable notice and opportunity to be heard was given to the respondent in a manner sufficient to protect his or her due process rights. Respondent was served with the petition for injunction, notice of hearing, and temporary protective injunction, if issued. 2. A hearing was held on .....(date)...... 3. The vulnerable adult is a victim of exploitation or in imminent danger of becoming an exploitation victim. 4. There is a likelihood of irreparable harm and unavailability of an adequate legal remedy. 5. The threatened injury to the vulnerable adult outweighs possible harm to the respondent. 6. With regard to freezing the respondent’s assets, accounts, and/or lines of credit that were the proceeds of exploitation, there is probable cause that exploitation has occurred and a substantial likelihood that such assets, accounts, and/or lines of credit will be returned to the vulnerable adult. 7. This injunction provides for the vulnerable adult’s physical or financial safety. 8. These findings were based on the following facts: _____________________________ _____________________________ _____________________________

_____________________________ _____________________________ Accordingly, it is hereby ADJUDGED that: The petitioner’s request for a protective injunction is GRANTED. This injunction remains in effect until it has been modified or dissolved, and it is further ordered that: _______ The respondent shall not commit any acts of exploitation against, or have any direct or indirect contact with, the vulnerable adult. _______ The vulnerable adult is awarded exclusive use and possession of any dwelling he or she shares with the respondent. _______ The respondent is excluded from the residence of the vulnerable adult. _______ The respondent shall, at his or her own expense, participate in all relevant treatment, intervention, or counseling services to be paid for by the respondent. _______ Unless ownership is unclear, any temporarily frozen assets, accounts, and credit lines of the vulnerable adult are to be returned to the vulnerable adult. If not already paid pursuant to the order granting temporary protective injunction against exploitation of a vulnerable adult, a final cost judgment is hereby entered against respondent and in favor of the clerk of courts in the amount of (check one): _______ $75.00 (if assets are between $1,500-$5,000) OR _______ $200.00 (if assets are more than $5,000).

All for which let execution issue forthwith. If the amount set forth above has already been paid to the clerk of courts, a final cost judgment is hereby entered against respondent and in favor of the vulnerable adult in the amount set forth above, all for which let execution issue forthwith. Any other costs associated with this judgment, including filing fees and service charges, are to be paid by the respondent. Other: _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ This injunction is valid and enforceable in all Florida counties, does not affect title to real property, and law enforcement may use section 901.15(6), Florida Statutes, arrest powers to enforce its terms. DONE and ORDERED on .....(date)...... CC: All parties and counsel of record COPIES TO: (Check those that apply) Petitioner:

_______ by U. S. Mail _______ by hand delivery in open court Respondent: _______ forwarded to Sheriff for service _______ by U. S. Mail _______ by hand delivery in open court (Respondent must acknowledge receipt in writing on the original order—see below.) _______ by certified mail (May only be used when respondent is present at the hearing and respondent fails or refuses to acknowledge the receipt of a certified copy of this injunction.) _______ Department of Agriculture and Consumer Services _______ Other: _____________________________ Petitioner’s Attorney _______ by e-mail Respondent’s Attorney _______ by e-mail I CERTIFY the foregoing is a true copy of the original as it appears on file in the office of the clerk of the circuit court of _______ County, Florida, and that I have furnished copies of this order as indicated above on .....(date)......

Licensed to Otis K Pitts, Otis K Pitts

FLORIDA STATUTES __________ TITLE VI CIVIL PRACTICE AND PROCEDURE. CHAPTER 69 MISCELLANEOUS PROCEDURAL MATTERS. 69.031 Designated financial institutions for assets in hands of guardians, curators, administrators, trustees, receivers, or other officers. CHAPTER 86 DECLARATORY JUDGMENTS. 86.041 Actions by executors, administrators, trustees, etc. TITLE XIV TAXATION AND FINANCE CHAPTER 198 ESTATE TAXES. 198.01 Definitions. 198.015 Domicile of decedent. 198.02 Tax upon estates of resident decedents. 198.021 Tax upon generation-skipping transfers of residents. 198.03 Tax upon estates of nonresident decedents. 198.031 Tax upon generation-skipping transfers of nonresidents. 198.04 Tax upon estates of alien decedents. 198.05 Administration of law by Department of Revenue. 198.06 Examination of books, papers, records, or memoranda by the department.

198.07 Appointment of agents by department; bonds of agents; may administer oaths; credentials. 198.08 Rules. 198.11 Appointment of special appraisers. 198.13 Tax return to be made in certain cases; certificate of nonliability. 198.14 Failure to make return; extension of time for filing. 198.15 When tax due; extension; interest; penalty. 198.155 Payment of tax on generation-skipping transfers. 198.16 Notice of determination of deficiency in federal tax to be filed with department. 198.17 Deficiency; hearing by department. 198.18 Failure to pay tax; penalties; delinquent or deficient taxes, interest. 198.19 Receipts for taxes. 198.20 Failure to pay tax when due, department’s warrant, etc. 198.21 Tax due payable from entire estate; third persons. 198.22 Lien for unpaid taxes. 198.23 Personal liability of personal representative. 198.24 Sale of real estate by personal representative to pay tax. 198.25 Actions to enforce payment of tax. 198.26 No discharge of personal representative until tax is paid. 198.28 Time for assessment of tax. 198.29 Refunds of excess tax paid. 198.30 Circuit judge to report names of decedents, etc. 198.31 Duties and powers of corporate personal representatives of nonresident decedents. 198.32 Prima facie liability for tax. 198.33 Discharge of estate, notice of lien, limitation on lien, etc.

198.34 Disposition of proceeds from taxes. 198.35 Interpretation and construction. 198.36 Failure to produce records; penalty. 198.37 Failure to make return; penalty. 198.38 False return; penalty. 198.39 False statement in return; penalty. 198.40 Failure to pay tax, evasion of tax, etc.; penalty. 198.41 Effectiveness of this chapter, etc. 198.42 Short title. 198.44 Certain exemptions from inheritance and estate taxes. TITLE XV HOMESTEAD AND EXEMPTIONS. CHAPTER 222 METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS. 222.01 Designation of homestead by owner before levy. 222.02 Designation of homestead after levy. 222.03 Survey at instance of dissatisfied creditor. 222.04 Sale after survey. 222.05 Setting apart leasehold. 222.061 Method of exempting personal property; inventory. 222.07 Defendant’s rights of selection. 222.08 Jurisdiction to set apart homestead and exemption. 222.09 Injunction to prevent sale. 222.10 Jurisdiction to subject property claimed to be exempt. 222.11 Exemption of wages from garnishment. 222.12 Proceedings for exemption. [Repealed] 222.13 Life insurance policies; disposition of proceeds.

222.14 Exemption of cash surrender value of life insurance policies and annuity contracts from legal process. 222.15 Wages or reemployment assistance or unemployment compensation payments due deceased employee may be paid spouse or certain relatives. 222.16 Wages or reemployment assistance or unemployment compensation payments so paid not subject to administration. 222.17 Manifesting and evidencing domicile in Florida. 222.18 Exempting disability income benefits from legal processes. 222.20 Nonavailability of federal bankruptcy exemptions. 222.201 Availability of federal bankruptcy exemptions. 222.21 Exemption of pension money and certain tax-exempt funds or accounts from legal processes. 222.22 Exemption of assets in qualified tuition programs, medical savings accounts, Coverdell education savings accounts, and hurricane savings accounts from legal process. 222.25 Other individual property of natural persons exempt from legal process. 222.29 No exemption for fraudulent transfers. 222.30 Fraudulent asset conversions. TITLE XXIX PUBLIC HEALTH. CHAPTER 393 DEVELOPMENTAL DISABILITIES. 393.063 Definitions. 393.12 Capacity; appointment of guardian advocate. TITLE XXX SOCIAL WELFARE. CHAPTER 409 SOCIAL AND ECONOMIC ASSISTANCE.

409.910 Responsibility for payments on behalf of Medicaid-eligible persons when other parties are liable. 409.9101 Recovery for payments made on behalf of Medicaid-eligible persons. TITLE XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS. CHAPTER 518 INVESTMENT OF FIDUCIARY FUNDS. 518.01 Investments of funds received from United States Department of Veterans Affairs. 518.06 Investment of fiduciary funds in loans insured by Federal Housing Administrator. 518.07 Investment of fiduciary funds in bonds, etc., issued by Federal Housing Administrator. 518.08 Applicability of laws requiring security, etc. 518.09 Housing bonds legal investments and security. 518.10 Fiduciary defined as used in ss. 518.11-518.14. 518.11 Investments by fiduciaries; prudent investor rule. 518.112 Delegation of investment functions. 518.115 Power of fiduciary or custodian to deposit securities in a central depository. 518.116 Power of certain fiduciaries and custodians to deposit United States Government and agency securities with a Federal Reserve bank. 518.117 Permissible investments of fiduciary funds. 518.12 Instrument creating or defining powers, duties of fiduciary not affected. 518.13 Authority of court to permit deviation from terms of instrument creating trust not affected. 518.14 Scope of ss. 518.10-518.13.

518.15 Bonds or motor vehicle tax anticipation certificates, legal investments and security. 518.151 Higher education bonds or certificates, legal investments and security. 518.152 Puerto Rican bonds or obligations, legal investments and securities. 518.16 Chapter cumulative. TITLE XXXVIII BANKS AND BANKING. CHAPTER 655 FINANCIAL INSTITUTIONS GENERALLY. 655.769 Definitions of terms used in ss. 655.77-655.91. 655.77 Deposits by minors. 655.78 Deposit accounts in two or more names. 655.79 Deposits and accounts in two or more names; presumption as to vesting on death. 655.80 Convenience accounts. 655.82 Pay-on-death accounts. 655.825 Deposits in trust; applicability of s. 655.82 in place of former s. 655.81. 655.83 Adverse claim to a deposit or fiduciary account. 655.84 Limitations; statements as correct. 655.85 Settlement of checks. 655.851 Unclaimed credit balances. 655.86 Issuance of postdated checks. 655.89 Legal holidays; business days; business and transactions. 655.90 Closing during emergencies and other special days. 655.91 Records of institutions and copies thereof; retention and destruction. 655.921 Transaction of business by out-of-state financial institutions; exempt

transactions. 655.922 Banking business by unauthorized persons; use of name. 655.93 Definitions for ss. 655.93-655.94. 655.931 Authority to engage in safe-deposit business. 655.932 Lease to minor. 655.933 Access by fiduciaries. 655.934 Effect of lessee’s death or incapacity. 655.935 Search procedure on death of lessee. 655.936 Delivery of safe-deposit box contents or property held in safekeeping to personal representative. 655.937 Access to safe-deposit boxes leased in two or more names. 655.938 Adverse claims to contents of safe-deposit box. 655.939 Limiting right of access for failure to comply with security procedures. 655.94 Special remedies for nonpayment of rent. TITLE XL REAL AND PERSONAL PROPERTY. CHAPTER 689 CONVEYANCES OF LAND AND DECLARATIONS OF TRUST. 689.01 How real estate conveyed. 689.02 Form of warranty deed prescribed. 689.03 Effect of such deed. 689.04 How executed. 689.041 Curative procedure for scrivener’s errors in deeds. 689.045 Conveyances to or by partnership. 689.05 How declarations of trust proved. 689.06 How trust estate conveyed.

689.07 “Trustee” or “as trustee” added to name of grantee, transferee, assignee, or mortgagee transfers interest or creates lien as if additional word or words not used. 689.071 Florida Land Trust Act. 689.072 Real estate interests transferred to or by a custodian or trustee of an individual retirement account or qualified plan. 689.073 Powers conferred on trustee in recorded instrument. 689.075 Inter vivos trusts; powers retained by settlor. 689.08 Fines and common recoveries. 689.09 Deeds under statute of uses. 689.10 Words of limitation and the words “fee simple” dispensed with. 689.11 Conveyances between husband and wife direct; homestead. 689.111 Conveyances of homestead; power of attorney. 689.115 Estate by the entirety in mortgage made or assigned to husband and wife. 689.12 How state lands conveyed for educational purposes. 689.13 Rule against perpetuities not applicable to dispositions of property for private cemeteries, etc. 689.14 Entailed estates. 689.15 Estates by survivorship. 689.17 Rule in Shelley’s Case abolished. 689.175 Worthier title doctrine abolished. 689.18 Reverter or forfeiture provisions, limitations; exceptions. 689.19 Variances of names in recorded instruments. 689.20 Limitation on use of word “minerals.” 689.21 Disclaimer of interests in property passing under certain nontestamentary instruments or under certain powers of appointment. [Repealed]

689.225 Statutory rule against perpetuities. 689.25 Failure to disclose homicide, suicide, deaths, or diagnosis of HIV or AIDS infection in an occupant of real property. 689.26 Prospective purchasers subject to association membership requirement; disclosure required; covenants; assessments; contract voidability. [Transferred] 689.261 Sale of residential property; disclosure of ad valorem taxes to prospective purchaser. 689.262 Sale of residential property; disclosure of windstorm mitigation rating. [Repealed] 689.265 Financial report. [Transferred] 689.27 Termination by servicemember of agreement to purchase real property. 689.28 Prohibition against transfer fee covenants. 689.29 Disclosure of subsurface rights to prospective purchaser. 689.301 Disclosure of known defects in sanitary sewer laterals to prospective purchaser. CHAPTER 695 RECORD OF CONVEYANCES OF REAL ESTATE. 695.01 Conveyances and liens to be recorded. 695.015 Conveyances by law between governmental agencies, recording. 695.02 Blank or master form of instruments may be recorded. 695.03 Acknowledgment and proof; validation of certain acknowledgments; legalization or authentication before foreign officials. 695.031 Affidavits and acknowledgments by members of armed forces and their spouses. 695.032 Provisions not applicable to transactions under chapter 679, Uniform Commercial Code. 695.04 Requirements of certificate.

695.05 Certain defects cured as to acknowledgments and witnesses. 695.06 Certain irregularities as to venue validated. 695.07 Use of scrawl as seal. 695.08 Prior use of scrawl as seal. 695.09 Identity of grantor. 695.10 Proof by others. 695.11 Instruments deemed to be recorded from time of filing. 695.12 Imperfect record. 695.13 Want of certificate of record. 695.14 Unsigned certificate of record. 695.15 Recording conveyances lost by fire. 695.16 When mortgage or lien is destroyed. 695.17 United States deeds and patents may be recorded. 695.18 Indorsement by clerk. 695.19 Certified copies of recorded instruments may be recorded. 695.20 Unperformed contracts of record. 695.22 Daily schedule of deeds and conveyances filed for record to be furnished property appraiser. 695.25 Short form of acknowledgment. 695.26 Requirements for recording instruments affecting real property. 695.27 Uniform Real Property Electronic Recording Act. 695.28 Validity of recorded electronic documents. CHAPTER 709 POWERS OF ATTORNEY AND SIMILAR INSTRUMENTS. PART I. POWERS OF APPOINTMENT. 709.01 Power of attorney; authority of nominee when principal dead.

[Repealed] 709.015 Power of attorney; authority of agent when principal listed as missing. [Repealed] 709.02 Power of appointment; method of release. 709.03 Power of appointment; property held in trust. 709.04 Power of appointment; effect of release. 709.05 Powers of appointment; validation of prior releases. 709.06 Powers of appointment included in law. 709.07 Power of appointment; effect of release on title to property. 709.08 Durable power of attorney. [Repealed] 709.11 Deployment-contingent power of attorney. [Repealed] PART II. POWERS OF ATTORNEY. 709.2101 Short title. 709.2102 Definitions. 709.2103 Applicability. 709.2104 Durable power of attorney. 709.2105 Qualifications of agent; execution of power of attorney. 709.2106 Validity of power of attorney. 709.2107 Meaning and effectiveness of power of attorney. 709.2108 When power of attorney is effective. 709.2109 Termination or suspension of power of attorney or agent’s authority. 709.2110 Revocation of power of attorney. 709.2111 Co-agents and successor agents. 709.2112 Reimbursement and compensation of agent. 709.2113 Agent’s acceptance of appointment.

709.2114 Agent’s duties. 709.2115 Exoneration of agent. 709.2116 Judicial relief; conflicts of interests. 709.2117 Agent’s liability. 709.2118 Agent’s resignation. 709.2119 Acceptance of and reliance upon power of attorney. 709.2120 Rejecting power of attorney. 709.2121 Notice. 709.2201 Authority of agent. 709.2202 Authority that requires separate signed enumeration. 709.2208 Banks and other financial institutions. 709.2301 Principles of law and equity. 709.2302 Laws applicable to financial institutions and entities. 709.2303 Remedies under other law. 709.2401 Relation to electronic signatures in federal law. 709.2402 Effect on existing powers of attorney. CHAPTER 710 TRANSFERS TO MINORS. 710.101 Short title. 710.102 Definitions. 710.103 Scope and jurisdiction. 710.104 Nomination of custodian. 710.105 Transfer by gift or exercise of power of appointment. 710.106 Transfer authorized by will or trust. 710.107 Other transfer by fiduciary. 710.108 Transfer by obligor.

710.109 Receipt for custodial property. 710.111 Manner of creating custodial property and effecting transfer; designation of initial custodian; control. 710.112 Single custodianship. 710.113 Validity and effect of transfer. 710.114 Care of custodial property. 710.115 Powers of custodian. 710.116 Use of custodial property. 710.117 Custodian’s expenses, compensation, and bond. 710.118 Exemption of third person from liability. 710.119 Liability to third persons. 710.121 Renunciation, resignation, death, or removal of custodian; designation of successor custodian. 710.122 Accounting by and determination of liability of custodian. 710.123 Termination of custodianship. 710.124 Applicability. 710.125 Effect on existing custodianships. 710.126 Uniformity of application and construction. CHAPTER 711 FLORIDA UNIFORM TRANSFER-ON-DEATH SECURITY REGISTRATION ACT. 711.50 Short title. 711.501 Definitions. 711.502 Registration in beneficiary form; sole or joint tenancy ownership. 711.503 Registration in beneficiary form; applicable law. 711.504 Origination of registration in beneficiary form. 711.505 Form of registration in beneficiary form.

711.506 Effect of registration in beneficiary form. 711.507 Ownership on death of owner. 711.508 Protection of registering entity. 711.509 Nontestamentary transfer on death. 711.51 Terms, conditions, and forms for registration. 711.511 Rules of construction. 711.512 Application of ss. 711.50-711.512. CHAPTER 716 ESCHEATS. 716.01 Declaration of policy. 716.02 Escheat of funds in the possession of federal agencies. 716.03 Department to institute proceedings to recover escheated property. 716.04 Jurisdiction. 716.05 Money recovered to be paid into State Treasury. 716.06 Public records. 716.07 Recovery of escheated property by claimant. CHAPTER 717 DISPOSITION OF UNCLAIMED PROPERTY. 717.001 Short title. 717.101 Definitions. 717.102 Property presumed unclaimed; general rule. 717.103 General rules for taking custody of intangible unclaimed property. 717.1035 Property originated or issued by this state, any political subdivision of this state, or any entity incorporated, organized, created, or otherwise located in the state. 717.104 Traveler’s checks and money orders. 717.1045 Gift certificates and similar credit items.

717.105 Checks, drafts, and similar instruments issued or certified by banking and financial organizations. 717.106 Bank deposits and funds in financial organizations. 717.107 Funds owing under life insurance policies, annuity contracts, and retained asset accounts; fines, penalties, and interest; United States Social Security Administration Death Master File. 717.1071 Lost owners of unclaimed demutualization, rehabilitation, or related reorganization proceeds. 717.108 Deposits held by utilities. 717.109 Refunds held by business associations. 717.1101 Unclaimed equity and debt of business associations. 717.111 Property of business associations held in course of dissolution. 717.112 Property held by agents and fiduciaries. 717.1125 Property held by fiduciaries under trust instruments. 717.113 Property held by courts and public agencies. 717.115 Wages. 717.116 Contents of safe-deposit box or other safekeeping repository. 717.117 Report of unclaimed property. 717.118 Notification of apparent owners of unclaimed property. 717.119 Payment or delivery of unclaimed property. 717.1201 Custody by state; holder relieved from liability; reimbursement of holder paying claim; reclaiming for owner; defense of holder; payment of safe-deposit box or repository charges. 717.121 Crediting of dividends, interest, or increments to owner’s account. 717.122 Public sale of unclaimed property. 717.123 Deposit of funds. 717.1235 Dormant campaign accounts; report of unclaimed property. 717.124 Unclaimed property claims.

717.12403 Unclaimed demand, savings, or checking account in a financial institution held in the name of more than one person. 717.12404 Claims on behalf of a business entity or trust. 717.12405 Claims by estates. 717.12406 Joint ownership of unclaimed securities or dividends. 717.1241 Conflicting claims. 717.1242 Restatement of jurisdiction of the circuit court sitting in probate and the department. 717.1243 Small estate accounts. 717.1244 Determinations of unclaimed property claims. 717.1245 Garnishment of unclaimed property. 717.125 Claim of another state to recover property; procedure. 717.126 Administrative hearing; burden of proof; proof of entitlement; venue. 717.1261 Death certificates. 717.1262 Court documents. 717.127 Election to take payment or delivery. 717.128 Destruction or disposition of property having insubstantial commercial value; immunity from liability. 717.129 Periods of limitation. 717.1301 Investigations; examinations; subpoenas. 717.1311 Retention of records. 717.1315 Retention of records by claimant’s representatives and buyers of unclaimed property. 717.132 Enforcement; cease and desist orders; fines. 717.1322 Administrative and civil enforcement. 717.1323 Prohibited practice. 717.133 Interstate agreements and cooperation; joint and reciprocal actions

with other states. 717.1331 Actions against holders. 717.1333 Evidence; estimations; audit reports, examiner’s worksheets, investigative reports, other related documents. 717.134 Penalties and interest. 717.1341 Invalid claims, recovery of property, interest and penalties. 717.135 Recovery agreements and purchase agreements for claims filed by a claimant’s representative; fees and costs. 717.1351 Acquisition of unclaimed property. [Repealed] 717.1355 Theme park and entertainment complex tickets. 717.136 Foreign transactions. 717.138 Rulemaking authority. 717.1381 Void unclaimed property powers of attorney and purchase agreements. [Repealed] 717.1382 United States savings bond; unclaimed property; escheatment; procedure. 717.1383 United States savings bond; claim for bond. 717.139 Uniformity of application and construction. 717.1400 Registration. 717.1401 Repeal. TITLE XLII ESTATES AND TRUSTS. CHAPTER 731 PROBATE CODE: GENERAL PROVISIONS. PART I. SHORT TITLE; CONSTRUCTION. 731.005 Short title. 731.011 Determination of substantive rights; procedures.

731.102 Construction against implied repeal. 731.103 Evidence as to death or status. 731.1035 Applicable rules of evidence. 731.104 Verification of documents. 731.105 In rem proceeding. 731.1055 Disposition of real property. 731.106 Assets of nondomiciliaries. 731.1065 Precious metals. 731.109 Seal of the court. 731.110 Caveat; proceedings. 731.155 Applicability. PART II. DEFINITIONS. 731.201 General definitions. PART III. NOTICE AND REPRESENTATION. 731.301 Notice. 731.302 Waiver and consent by interested person. 731.303 Representation. 731.401 Arbitration of disputes. CHAPTER 732 PROBATE CODE: INTESTATE SUCCESSION AND WILLS. PART I. INTESTATE SUCCESSION. 732.101 Intestate estate. 732.102 Spouse’s share of intestate estate. 732.103 Share of other heirs.

732.104 Inheritance per stirpes. 732.105 Half blood. 732.106 Afterborn heirs. 732.107 Escheat. 732.108 Adopted persons and persons born out of wedlock. 732.1081 Termination of parental rights. 732.109 Debts to decedent. 732.1101 Aliens. 732.111 Dower and curtesy abolished. PART II. ELECTIVE SHARE OF SURVIVING SPOUSE; RIGHTS IN COMMUNITY PROPERTY. 732.201 Right to elective share. 732.2025 Definitions. 732.2035 Property entering into elective estate. 732.2045 Exclusions and overlapping application. 732.2055 Valuation of the elective estate. 732.2065 Amount of the elective share. 732.2075 Sources from which elective share payable; abatement. 732.2085 Liability of direct recipients and beneficiaries. 732.2095 Valuation of property used to satisfy elective share. 732.2105 Effect of election on other interests. 732.2115 Protection of payors and other third parties. 732.2125 Right of election; by whom exercisable. 732.2135 Time of election; extensions; withdrawal. 732.2145 Order of contribution; personal representative’s duty to collect contribution.

732.2151 Award of fees and costs in elective share proceedings. 732.2155 Effective date; effect of prior waivers; transition rules. 732.216 Short title. 732.217 Application. 732.218 Rebuttable presumptions. 732.219 Disposition upon death. 732.221 Perfection of title of personal representative or beneficiary. 732.222 Purchaser for value or lender. 732.223 Perfection of title of surviving spouse. 732.224 Creditor’s rights. 732.225 Acts of married persons. 732.226 Limitations on testamentary disposition. 732.227 Homestead defined. 732.228 Uniformity of application and construction. PART III. PRETERMITTED SPOUSE AND CHILDREN. 732.301 Pretermitted spouse. 732.302 Pretermitted children. PART IV. EXEMPT PROPERTY AND ALLOWANCES. 732.401 Descent of homestead. 732.4015 Devise of homestead. 732.4017 Inter vivos transfer of homestead property. 732.402 Exempt property. 732.403 Family allowance. PART V. WILLS.

732.501 Who may make a will. 732.502 Execution of wills. 732.503 Self-proof of will. 732.504 Who may witness. 732.505 Revocation by writing. 732.506 Revocation by act. 732.507 Effect of subsequent marriage, birth, adoption, or dissolution of marriage. 732.508 Revival by revocation. 732.509 Revocation of codicil. 732.5105 Republication of wills by codicil. 732.511 Republication of wills by reexecution. 732.512 Incorporation by reference. 732.513 Devises to trustee. 732.514 Vesting of devises. 732.515 Separate writing identifying devises of tangible property. 732.5165 Effect of fraud, duress, mistake, and undue influence. 732.517 Penalty clause for contest. 732.518 Will contests. 732.521 Definitions. 732.522 Method and place of execution. 732.523 Self-proof of electronic will. 732.524 Qualified custodians. 732.525 Liability coverage; receivership of qualified custodians. 732.526 Probate. PART VI. RULES OF CONSTRUCTION.

732.6005 Rules of construction and intention. 732.601 Simultaneous Death Law. 732.603 Antilapse; deceased devisee; class gifts. 732.604 Failure of testamentary provision. 732.605 Change in securities; accessions; nonademption. 732.606 Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance. 732.607 Exercise of power of appointment. 732.608 Construction of terms. 732.609 Ademption by satisfaction. 732.611 Devises to multigeneration classes to be per stirpes. 732.615 Reformation to correct mistakes. 732.616 Modification to achieve testator’s tax objectives. PART VII. DEATH.

CONTRACTUAL ARRANGEMENTS RELATING TO

732.701 Agreements concerning succession. 732.702 Waiver of spousal rights. 732.7025 Waiver of homestead rights through deed. 732.703 Effect of divorce, dissolution, or invalidity of marriage on disposition of certain assets at death. PART VIII. GENERAL PROVISIONS. 732.801 Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment. [Repealed] 732.802 Killer not entitled to receive property or other benefits by reason of victim’s death. 732.8031 Forfeiture for abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult.

732.804 Provisions relating to disposition of the body. 732.805 Spousal rights procured by fraud, duress, or undue influence. 732.806 Gifts to lawyers and other disqualified persons. PART IX. PRODUCTION OF WILLS. 732.901 Production of wills. CHAPTER 733 PROBATE CODE: ADMINISTRATION OF ESTATES. PART I. GENERAL PROVISIONS. 733.101 Venue of probate proceedings. 733.103 Effect of probate. 733.104 Suspension of statutes of limitation in favor of the personal representative. 733.105 Determination of beneficiaries. 733.1051 Limited judicial construction of will with federal tax provisions. 733.106 Costs and attorney’s fees. 733.1061 Fees and costs; will reformation and modification. 733.107 Burden of proof in contests; presumption of undue influence. 733.109 Revocation of probate. PART II. COMMENCING ADMINISTRATION. 733.201 Proof of wills. 733.202 Petition. 733.204 Probate of a will written in a foreign language. 733.205 Probate of notarial will. 733.206 Probate of will of resident after foreign probate. 733.207 Establishment and probate of lost or destroyed will.

733.208 Discovery of later will. 733.209 Estates of missing persons. 733.212 Notice of administration; filing of objections. 733.2121 Notice to creditors; filing of claims. 733.2123 Adjudication before issuance of letters. 733.213 Probate as prerequisite to judicial construction of will. PART III. PREFERENCE IN APPOINTMENT AND QUALIFICATIONS OF PERSONAL REPRESENTATIVE. 733.301 Preference in appointment of personal representative. 733.302 Who may be appointed personal representative. 733.303 Persons not qualified. 733.304 Nonresidents. 733.305 Trust companies and other corporations and associations. 733.306 Effect of appointment of debtor. 733.307 Succession of administration. 733.308 Administrator ad litem. 733.309 Executor de son tort. 733.3101 Personal representative not qualified. PART IV. FIDUCIARY BONDS. 733.402 Bond of fiduciary; when required; form. 733.403 Amount of bond. 733.404 Liability of surety. 733.405 Release of surety. 733.406 Bond premium allowable as expense of administration. PART V. CURATORS; RESIGNATION AND REMOVAL OF PERSONAL

REPRESENTATIVES. 733.501 Curators. 733.502 Resignation of personal representative. 733.503 Appointment of successor upon resignation. 733.5035 Surrender of assets after resignation. 733.5036 Accounting and discharge following resignation. 733.504 Removal of personal representative; causes for removal. 733.505 Jurisdiction in removal proceedings. 733.506 Proceedings for removal. 733.5061 Appointment of successor upon removal. 733.508 Accounting and discharge of removed personal representatives upon removal. 733.509 Surrender of assets upon removal. PART VI. DUTIES AND POWERS OF PERSONAL REPRESENTATIVE. 733.601 Time of accrual of duties and powers. 733.602 General duties. 733.603 Personal representative to proceed without court order. 733.604 Inventories and accountings; public records exemptions. 733.6065 Opening safe-deposit box. 733.607 Possession of estate. 733.608 General power of the personal representative. 733.609 Improper exercise of power; breach of fiduciary duty. 733.610 Sale, encumbrance, or transaction involving conflict of interest. 733.611 Persons dealing with the personal representative; protection. 733.612 Transactions authorized for the personal representative; exceptions.

733.6121 Personal representative; powers as to environmental issues relating to property subject to administration; liability. 733.613 Personal representative’s right to sell real property. 733.614 Powers and duties of successor personal representative. 733.615 Joint personal representatives; when joint action required. 733.616 Powers of surviving personal representatives. 733.617 Compensation of personal representative. 733.6171 Compensation of attorney for the personal representative. 733.6175 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. 733.619 Individual liability of personal representative. 733.620 Exculpation of personal representative. PART VII. CREDITORS’ CLAIMS. 733.701 Notifying creditors. 733.702 Limitations on presentation of claims. 733.703 Form and manner of presenting claim. 733.704 Amendment of claims. 733.705 Payment of and objection to claims. 733.706 Executions and levies. 733.707 Order of payment of expenses and obligations. 733.708 Compromise. 733.710 Limitations on claims against estates. PART VIII. SPECIAL PROVISIONS FOR DISTRIBUTION. 733.801 Delivery of devises and distributive shares. 733.802 Proceedings for compulsory payment of devises or distributive interest.

733.803 Encumbered property; liability for payment. 733.805 Order in which assets abate. 733.806 Advancement. 733.808 Death benefits; disposition of proceeds. 733.809 Right of retainer. 733.810 Distribution in kind; valuation. 733.811 Distribution; right or title of distributee. 733.812 Improper distribution or payment; liability of distributee or payee. 733.813 Purchasers from distributees protected. 733.814 Partition for purpose of distribution. 733.815 Private contracts among interested persons. 733.816 Disposition of unclaimed property held by personal representatives. 733.817 Apportionment of estate taxes. PART IX. CLOSING ESTATES. 733.901 Final discharge. 733.903 Subsequent administration. CHAPTER 734 PROBATE CODE: FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION PART I. GENERAL PROVISIONS. 734.101 Foreign personal representative. 734.102 Ancillary administration. 734.1025 Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims. 734.104 Foreign wills; admission to record; effect on title.

PART II. JURISDICTION REPRESENTATIVES.

OVER

FOREIGN

PERSONAL

734.201 Jurisdiction by act of foreign personal representative. 734.202 Jurisdiction by act of decedent. CHAPTER 735 PROBATE CODE: SMALL ESTATES PART I. SUMMARY ADMINISTRATION. 735.201 Summary administration; nature of proceedings. 735.202 May be administered in the same manner as other estates. 735.203 Petition for summary administration. 735.2055 Filing of petition. 735.206 Summary administration distribution. 735.2063 Notice to creditors. PART II. DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION. 735.301 Disposition without administration. 735.302 Income tax refunds in certain cases. 735.303 Payment to successor without court proceedings. 735.304 Disposition without administration of intestate property in small estate. CHAPTER 736 FLORIDA TRUST CODE PART I. GENERAL PROVISIONS AND DEFINITIONS. 736.0101 Short title. 736.0102 Scope.

736.0103 Definitions. 736.0104 Knowledge. 736.0105 Default and mandatory rules. 736.0106 Common law of trusts; principles of equity. 736.0107 Governing law. 736.0108 Principal place of administration. 736.0109 Methods and waiver of notice. 736.0110 Others treated as qualified beneficiaries. 736.0111 Nonjudicial settlement agreements. 736.0112 Qualification of foreign trustee. PART II. JUDICIAL PROCEEDINGS. 736.0201 Role of court in trust proceedings. 736.0202 Jurisdiction over trustee and beneficiary. 736.02025 Service of process. 736.0203 Subject matter jurisdiction. 736.0204 Venue. 736.0205 Trust proceedings; dismissal of matters relating to foreign trusts. [Repealed] 736.0206 Proceedings for review of employment of agents and review of compensation of trustee and employees of trust. 736.0207 Trust contests. PART III. REPRESENTATION. 736.0301 Representation; basic effect. 736.0302 Representation by holder of power of appointment. 736.0303 Representation by fiduciaries and parents.

736.0304 Representation by person having substantially identical interest. 736.0305 Appointment of representative. 736.0306 Designated representative. PART IV. CREATION, TERMINATION.

VALIDITY,

MODIFICATION,

AND

736.0401 Methods of creating trust. 736.0402 Requirements for creation. 736.0403 Trusts created in other jurisdictions; formalities required for revocable trusts. 736.0404 Trust purposes. 736.0405 Charitable purposes; enforcement. 736.0406 Effect of fraud, duress, mistake, or undue influence. 736.0407 Evidence of oral trust. 736.0408 Trust for care of an animal. 736.0409 Noncharitable trust without ascertainable beneficiary. 736.0410 Modification or termination of trust; proceedings for disapproval of nonjudicial acts. 736.04113 Judicial modification of irrevocable trust when modification is not inconsistent with settlor’s purpose. 736.04114 Limited judicial construction of irrevocable trust with federal tax provisions. 736.04115 Judicial modification of irrevocable trust when modification is in best interests of beneficiaries. 736.04117 Trustee’s power to invade principal in trust. 736.0412 Nonjudicial modification of irrevocable trust. 736.0413 Cy pres. 736.0414 Modification or termination of uneconomic trust.

736.0415 Reformation to correct mistakes. 736.0416 Modification to achieve settlor’s tax objectives. 736.0417 Combination and division of trusts. PART V. CREDITORS’ DISCRETIONARY TRUSTS.

CLAIMS;

SPENDTHRIFT

AND

736.0501 Rights of beneficiary’s creditor or assignee. 736.0502 Spendthrift provision. 736.0503 Exceptions to spendthrift provision. 736.0504 Discretionary trusts; effect of standard. 736.0505 Creditors’ claims against settlor. 736.05053 Trustee’s duty to pay expenses and obligations of settlor’s estate. 736.05055 Notice of trust. 736.0506 Overdue distribution. 736.0507 Personal obligations of trustee. PART VI. REVOCABLE TRUSTS. 736.0601 Capacity of settlor of revocable trust. 736.0602 Revocation or amendment of revocable trust. 736.0603 Settlor’s powers; powers of withdrawal. 736.0604 Limitation on action contesting validity of revocable trust. PART VII. OFFICE OF TRUSTEE. 736.0701 Accepting or declining trusteeship. 736.0702 Trustee’s bond. 736.0703 Cotrustees. 736.0704 Vacancy in trusteeship; appointment of successor.

736.0705 Resignation of trustee. 736.0706 Removal of trustee. 736.0707 Delivery of property by former trustee. 736.0708 Compensation of trustee. 736.0709 Reimbursement of expenses. PART VIII. DUTIES AND POWERS OF TRUSTEE. 736.0801 Duty to administer trust. 736.0802 Duty of loyalty. 736.0803 Impartiality. 736.0804 Prudent administration. 736.0805 Expenses of administration. 736.0806 Trustee’s skills. 736.0807 Delegation by trustee. 736.0808 Powers to direct. [Repealed] 736.0809 Control and protection of trust property. 736.0810 Recordkeeping and identification of trust property. 736.08105 Duty to ascertain marketable title of trust real property. 736.0811 Enforcement and defense of claims. 736.0812 Collecting trust property. 736.08125 Protection of successor trustees. 736.0813 Duty to inform and account. 736.08135 Trust accountings. 736.0814 Discretionary powers; tax savings. 736.08145 Grantor trust reimbursement. 736.08147 Duty to distribute trust income.

736.0815 General powers of trustee. 736.0816 Specific powers of trustee. 736.08163 Powers of trustees relating to environmental or human health laws or to trust property contaminated with hazardous or toxic substances; liability. 736.08165 Administration pending outcome of contest or other proceeding. 736.0817 Distribution on termination. PART IX. TRUST INVESTMENTS 736.0901 Applicability of chapter 518. 736.0902 Nonapplication of prudent investor rule. PART X. LIABILITY OF TRUSTEE AND RIGHTS OF PERSONS DEALING WITH TRUSTEE. 736.1001 Remedies for breach of trust. 736.1002 Damages for breach of trust. 736.1003 Damages in absence of breach. 736.1004 Attorney’s fees and costs. 736.1005 Attorney’s fees for services to the trust. 736.1006 Costs in trust proceedings. 736.1007 Trustee’s attorney’s fees. 736.1008 Limitations on proceedings against trustees. 736.1009 Reliance on trust instrument. 736.1010 Event affecting administration or distribution. 736.1011 Exculpation of trustee. 736.1012 Beneficiary’s consent, release, or ratification. 736.1013 Limitation on personal liability of trustee. 736.1014 Limitations on actions against certain trusts.

736.1015 Interest as general partner. 736.1016 Protection of person dealing with trustee. 736.1017 Certification of trust. 736.1018 Improper distribution or payment; liability of distributee. PART XI. RULES OF CONSTRUCTION. 736.1101 Rules of construction; general provisions. 736.1102 Construction of terms. 736.1103 Gifts to multigeneration classes to be per stirpes. 736.1104 Person not entitled to receive property or other benefits by reason of victim’s death. 736.1105 Effect of subsequent marriage, birth, adoption, or dissolution of marriage. 736.1106 Antilapse; survivorship with respect to future interests under terms of inter vivos and testamentary trusts; substitute takers. 736.1107 Change in securities; accessions; nonademption. 736.1108 Penalty clause for contest. 736.1109 Testamentary and revocable trusts; homestead protections. PART XII. CHARITABLE TRUSTS. 736.1201 Definitions. 736.1202 Application of this part. 736.1203 Trustee of a private foundation trust or a split interest trust. 736.1204 Powers and duties of trustee of a private foundation trust or a split interest trust. 736.1205 Notice that this part does not apply. 736.1206 Power to amend trust instrument. 736.1207 Power of court to permit deviation.

736.1208 Release; property and persons affected; manner of effecting. 736.1209 Election to come under this part. 736.1210 Interpretation. 736.1211 Protections afforded to certain charitable trusts and organizations. PART XIII. MISCELLANEOUS. 736.1301 Electronic records and signatures. 736.1302 Severability clause. 736.1303 Application to existing relationships. Part XLII. Florida Uniform Directed Trust Act. 736.1401 Short title. 736.1403 Application; principal place of administration. 736.1405 Exclusions. 736.1406 Power of trust director. 736.1407 Limitations on trust director. 736.1408 Duty and liability of trust director. 736.1409 Duty and liability of directed trustee. 736.141 Duty to provide information. 736.1411 No duty to monitor, inform, or advise. 736.1412 Application to cotrustee. 736.1413 Limitation of action against trust director. 736.1414 Defenses in action against trust director. 736.1415 Jurisdiction over trust director. 736.1416 Office of trust director. Part XV. Community Property Trust Act.

736.1501 Short title. 736.1502 Definitions. 736.1503 Requirements for community property trust. 736.1504 Agreement establishing community property trust; amendments and revocation. 736.1505 Classification of property as community property; enforcement; duration; management and control; effect of distributions. 736.1506 Satisfaction of obligations. 736.1507 Death of a spouse. 736.1508 Dissolution of marriage. 736.1509 Right of child to support. 736.151 Homestead property. 736.1511 Application of Internal Revenue Code; community property classified by another jurisdiction. 736.1512 Unenforceable trusts. CHAPTER 737 TRUST ADMINISTRATION [NOTE: CHAPTER 737 WAS REPEALED EFFECTIVE JULY 1, 2008] CHAPTER 738 PRINCIPAL AND INCOME 738.101 Short title. 738.102 Definitions. 738.103 Fiduciary duties; general principles. 738.104 Trustee’s power to adjust. 738.1041 Total return unitrust. 738.105 Judicial control of discretionary powers. 738.201 Determination and distribution of net income. 738.202 Distribution to residuary and remainder beneficiaries.

738.301 When right to income begins and ends. 738.302 Apportionment of receipts and disbursements when decedent dies or income interest begins. 738.303 Apportionment when income interest ends. 738.401 Character of receipts. 738.402 Distribution from trust or estate. 738.403 Business and other activities conducted by fiduciary. 738.501 Principal receipts. 738.502 Rental property. 738.503 Obligation to pay money. 738.504 Insurance policies and similar contracts. 738.601 Insubstantial allocations not required. 738.602 Payments from deferred compensation plans, annuities, and retirement plans or accounts. 738.603 Liquidating asset. 738.604 Minerals, water, and other natural resources. 738.605 Timber. 738.606 Property not productive of income. 738.607 Derivatives and options. 738.608 Asset-backed securities. 738.701 Disbursements from income. 738.702 Disbursements from principal. 738.703 Transfers from income to principal for depreciation. 738.704 Transfers from income to reimburse principal. 738.705 Income taxes. 738.706 Adjustments between principal and income because of taxes. 738.801 Apportionment of expenses; improvements.

738.802 Uniformity of application and construction. 738.803 Severability. 738.804 Application. CHAPTER 739 FLORIDA UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT 739.101 Short title. 739.102 Definitions. 739.103 Scope. 739.104 Power to disclaim; general requirements; when irrevocable. 739.201 Disclaimer of interest in property. 739.202 Disclaimer of rights of survivorship in jointly held property. 739.203 Disclaimer of property held as tenancy by the entirety. 739.204 Disclaimer of interest by trustee. 739.205 Disclaimer of power of appointment or other power not held in a fiduciary capacity. 739.206 Disclaimer by appointee, object, or taker in default of exercise of power of appointment. 739.207 Disclaimer of power held in fiduciary capacity. 739.301 Delivery or filing. 739.401 When disclaimer is permitted. 739.402 When disclaimer is barred or limited. 739.501 Tax-qualified disclaimer. 739.601 Recording of disclaimer relating to real estate. 739.701 Application to existing relationships. CHAPTER 740 FIDUCIARY ACCESS TO DIGITAL ASSETS 740.001 Short title.

740.002 Definitions. 740.003 User direction for disclosure of digital assets. 740.004 Terms-of-service agreement preserved. 740.005 Procedure for disclosing digital assets. 740.006 Disclosure of content of electronic communications of deceased user. 740.007 Disclosure of other digital assets of deceased user. 740.008 Disclosure of content of electronic communications of principal. 740.009 Disclosure of other digital assets of principal. 740.01 Disclosure of digital assets held in trust when trustee is the original user. 740.02 Disclosure of content of electronic communications held in trust when trustee is not the original user. 740.03 Disclosure of other digital assets held in trust when trustee is not the original user. 740.04 Disclosure of digital assets to guardian of ward. 740.05 Fiduciary duty and authority. 740.06 Custodian compliance and immunity. 740.07 Relation to Electronic Signatures in Global and National Commerce Act. 740.08 Applicability. 740.09 Severability. 740.11 Relation to wills. TITLE XLIII DOMESTIC RELATIONS. CHAPTER 744 GUARDIANSHIP PART I. GENERAL PROVISIONS.

744.101 Short title. 744.1012 Legislative intent. 744.102 Definitions. 744.1025 Additional definitions. 744.103 Guardians of incapacitated world war veterans. [Repealed] 744.104 Verification of documents. 744.105 Costs. 744.106 Notice. 744.107 Court monitors. 744.1075 Emergency court monitor. 744.1076 Court orders appointing court monitors and emergency court monitors; reports of court monitors; orders finding no probable cause; public records exemptions. 744.108 Guardian’s and attorney’s fees and expenses. 744.1083 Professional guardian registration. [Transferred] 744.1085 Regulation of professional guardians; application; bond required; educational requirements. [Transferred] 744.109 Records. 744.1095 Hearings. 744.1096 Domicile of ward. 744.1097 Venue. 744.1098 Change of ward’s residence. PART II. PUBLIC AND PROFESSIONAL GUARDIANS. 744.2001 Office of Public and Professional Guardians. 744.2002 Professional guardian registration. 744.2003 Regulation of professional guardians; application; bond required; educational requirements.

744.2004 Complaints; disciplinary proceedings; penalties; enforcement. 744.20041 Grounds for discipline; penalties; enforcement. 744.2005 Order of appointment. 744.2006 Office of Public and Professional Guardians; appointment, notification. 744.2007 Powers and duties. 744.2008 Costs of public guardian. 744.2009 Preparation of budget. 744.201 Domicile of ward. [Transferred] 744.202 Venue. [Transferred] 744.2025 Change of ward’s residence. [Transferred] 744.2101 Procedures and rules. 744.2102 Surety bond. 744.2103 Reports and standards. 744.21031 Public reports exemption. [Effective until October 2, 2023] 744.2104 Access to records by the Office of Public and Professional Guardians; confidentiality. 744.2105 Direct-support organization; definition; use of property; board of directors; audit; dissolution. 744.2106 Joining Forces for Public Guardianship grant program; purpose. 744.2107 Program administration; duties of the Office of Public and Professional Guardians. 744.2108 Eligibility. 744.2109 Grant application requirements; review criteria; awards process. 744.2111 Confidentiality. 744.2112 Guardianship information and transparency. PART III. TYPES OF GUARDIANSHIP.

744.301 Natural guardians. 744.3021 Guardians of minors. 744.3025 Claims of minors. 744.3031 Emergency temporary guardianship. 744.304 Standby guardianship. 744.3045 Preneed guardian. 744.3046 Preneed guardian for minor. 744.306 Foreign guardians. 744.307 Foreign guardian may manage the property of nonresident ward. 744.308 Resident guardian of the property of nonresident ward. 744.3085 Guardian advocates. PART IV. GUARDIANS. 744.309 Who may be appointed guardian of a resident ward. 744.3115 Advance directives for health care. 744.312 Considerations in appointment of guardian. 744.3125 Application for appointment. 744.3135 Credit and criminal investigation. 744.3145 Guardian education requirements. PART V. ADJUDICATION OF INCAPACITY AND APPOINTMENT OF GUARDIANS. 744.3201 Petition to determine incapacity. 744.3203 Suspension of power of attorney before incapacity determination. 744.3215 Rights of persons determined incapacitated. 744.331 Procedures to determine incapacity. 744.334 Petition for appointment of guardian or professional guardian;

contents. 744.3371 Notice of petition for appointment of guardian and hearing. 744.341 Voluntary guardianship. 744.342 Minors; guardianship. 744.344 Order of appointment. [Transferred] 744.345 Letters of guardianship. 744.347 Oath of guardian. 744.351 Bond of guardian. 744.354 Validity of bond. 744.357 Liability of surety. 744.358 Liability of a guardian. 744.359 Abuse, neglect, or exploitation by a guardian. PART VI. POWERS AND DUTIES. 744.361 Powers and duties of guardian. 744.362 Initial guardianship report. 744.363 Initial guardianship plan. 744.365 Verified inventory. 744.367 Duty to file annual guardianship report. 744.3675 Annual guardianship plan. 744.3678 Annual accounting. 744.3679 Simplified accounting procedures in certain cases. 744.368 Responsibilities of the clerk of the circuit court. 744.3685 Order requiring guardianship report; contempt. 744.369 Judicial review of guardianship reports. 744.3701 Confidentiality.

744.371 Relief to be granted. 744.3715 Petition for interim judicial review. 744.372 Judicial review of guardianships. 744.3725 Procedure for extraordinary authority. 744.373 Production of property. 744.3735 Annual appearance of the guardian. 744.374 Payments to guardian. 744.381 Appraisals. 744.384 Subsequently discovered or acquired property. 744.387 Settlement of claims. 744.391 Actions by and against guardian or ward. 744.394 Suspension of statutes of limitations in favor of guardian. 744.397 Application of income of property of ward. 744.421 Petition for support of ward’s dependents. 744.441 Powers of guardian upon court approval. 744.442 Delegation of authority. 744.444 Power of guardian without court approval. 744.446 Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. 744.447 Petition for authorization to act. 744.451 Order. 744.454 Guardian forbidden to borrow or purchase; exceptions. 744.457 Conveyance of various property rights by guardians of the property. 744.461 Purchasers and lenders protected. 744.462 Determination regarding alternatives to guardianship. PART VII. TERMINATION

744.464 Restoration to capacity. 744.467 Resignation of guardian. 744.471 Appointment of successor. 744.474 Reasons for removal of guardian. 744.477 Proceedings for removal of a guardian. 744.511 Accounting upon removal. 744.514 Surrender of property upon removal. 744.517 Proceedings for contempt. 744.521 Termination of guardianship. 744.524 Termination of guardianship on change of domicile of resident ward. 744.527 Final reports and application for discharge; hearing. 744.528 Discharge of guardian named as personal representative. 744.531 Order of discharge. 744.534 Disposition of unclaimed funds held by guardian. PART VIII. VETERANS’ GUARDIANSHIP. 744.602 Short title; scope of part. 744.604 Definitions. 744.607 Secretary of Veterans Affairs as party in interest. 744.609 Procedure for commitment of veteran to United States Department of Veterans Affairs hospital. 744.613 Appointment of guardian for ward authorized. 744.616 Petition for appointment of guardian. 744.617 Notice by court of petition filed for appointment of guardian. 744.618 Persons who may be appointed guardian. 744.619 Bond of guardian. 744.621 Inventory of ward’s property; guardian’s failure to file inventory;

discharge; forfeiture of commissions. 744.622 Guardian empowered to receive moneys due ward from the United States Government. 744.624 Guardian’s application of estate funds for support and maintenance of person other than ward. 744.625 Petition for support, or support and education, of ward’s dependents; payments of apportioned benefits prohibit contempt action against veteran. 744.626 Exemption of benefits from claims of creditors. 744.627 Investment of funds of estate by guardian. 744.631 Guardian’s petition for authority to sell ward’s real estate; notice by publication; penalties. 744.634 Guardian’s accounts, filing with court and certification to United States Department of Veterans Affairs; notice and hearing on accounts; failure to account. 744.637 Certified copies of public records made available. 744.638 Clerk of the circuit court; fees; duties. 744.639 Attorney’s fee. 744.641 Guardian’s compensation; bond premiums. 744.643 Discharge of guardian of minor or incompetent ward. 744.646 Final settlement of guardianship; notice required; guardian ad litem fee; papers required by United States Department of Veterans Affairs. 744.649 Notice of appointment of general guardian; closing of veteran’s guardianship; transfer of responsibilities and penalties to general guardian. 744.652 Construction and application of part. 744.653 Annual guardianship report. PART IX. PUBLIC GUARDIANSHIP.

744.701 Short title. [Repealed] 744.702 Legislative intent. [Repealed] 744.7021 Statewide Public Guardianship Office. [Transferred] 744.703 Office of public guardian; appointment, notification. [Transferred] 744.704 Powers and duties. [Transferred] 744.705 Costs of public guardian. [Transferred] 744.706 Preparation of budget. [Transferred] 744.707 Procedures and rules. [Transferred] 744.708 Reports and standards. [Transferred] 744.7081 Access to records by Statewide Public Guardianship Office; confidentiality. [Transferred] 744.7082 Direct-support organization; definition; use of property; board of directors; audit; dissolution. [Transferred] 744.709 Surety bond. [Transferred] 744.7101 Short title. [Repealed] 744.711 Legislative findings and intent. [Repealed] 744.712 Joining Forces for Public Guardianship grant program; purpose. [Transferred] 744.713 Program administration; duties of the Statewide Public Guardianship Office. [Transferred] 744.714 Eligibility. [Transferred] 744.715 Grant application requirements; review criteria; awards process. [Transferred] CHAPTER 747 CONSERVATORSHIP 747.01 Who are absentees under this law. 747.011 Absentee incompetent for certain purposes. 747.02 Jurisdiction.

747.03 Petition. 747.031 Notice; hearing. 747.032 Order of appointment. 747.033 Oath. 747.034 Bond. 747.035 Rights, powers, and duties of conservator. 747.036 Resignation or removal of conservator. 747.04 Termination of conservatorship. 747.051 Summary procedure. 747.052 Procedure for order authorizing action by spouse or next TITLE XLIV CIVIL RIGHTS. CHAPTER 765 HEALTH CARE ADVANCE DIRECTIVES PART I. GENERAL PROVISIONS. 765.101 Definitions. 765.102 Legislative findings and intent. 765.103 Existing advance directives. 765.104 Amendment or revocation. 765.105 Review of surrogate or proxy’s decision. 765.106 Preservation of existing rights. 765.107 Construction. 765.108 Effect with respect to insurance. 765.109 Immunity from liability; weight of proof; presumption. 765.110 Health care facilities and providers; discipline. 765.1103 Pain management and palliative care.

765.1105 Transfer of a patient. 765.1115 Falsification, forgery, or willful concealment, cancellation, or destruction of directive or revocation or amendment; penalties. 765.112 Recognition of advance directive executed in another state. 765.113 Restrictions on providing consent. PART II. HEALTH CARE SURROGATE 765.201 Short title. 765.202 Designation of a health care surrogate. 765.203 Suggested form of designation. 765.2035 Designation of a health care surrogate for a minor. 765.2038 Designation of health care surrogate for a minor; suggested form. 765.204 Capacity of principal; procedure. 765.205 Responsibility of the surrogate. PART III. LIFE-PROLONGING PROCEDURES 765.301 Short title. 765.302 Procedure for making a living will; notice to physician. 765.303 Suggested form of a living will. 765.304 Procedure for living will. 765.305 Procedure in absence of a living will. 765.306 Determination of patient condition. 765.309 Mercy killing or euthanasia not authorized; suicide distinguished. PART IV. ABSENCE OF ADVANCE DIRECTIVE. 765.401 The proxy. 765.404 Persistent vegetative state.

PART V. ANATOMICAL GIFTS. 765.510 Legislative declaration. 765.511 Definitions. 765.512 Persons who may make an anatomical gift. 765.513 Donees; purposes for which anatomical gifts may be made. 765.514 Manner of making anatomical gifts. 765.515 Delivery of donor document. 765.5155 Donor registry; education program. 765.51551 Donor registry; public records exemption. 765.516 Donor amendment or revocation of anatomical gift. 765.517 Rights and duties at death. 765.518 Eye banks. 765.5185 Corneal removal by medical examiners. 765.519 Enucleation of eyes by licensed funeral directors. 765.521 Donations as part of driver license or identification card process. 765.5215 Education program relating to annatomical gifts. [Repealed] 765.52155 Florida Organ and Tissue Donor Education and Procurement Trust Fund. [Repealed] 765.5216 Organ and tissue education panel. [Repealed] 765.522 Duty of hospital administrators; liability of hospital administrators and procurement organizations. 765.523 Discrimination in access to anatomical gifts and organ transplants prohibited. 765.53 Organ Transplant Advisory Council; membership; responsibilities. [Repealed] 765.541 Certification of procurement organizations; agency responsibilities. 765.542 Requirements to engage in organ, tissue, or eye procurement.

765.543 Organ and Tissue Procurement and Transplantation Advisory Board; creation; duties. 765.544 Fees; organ and tissue donor education and procurement. 765.545 Physician supervision of cadaveric organ and tissue procurement coordinators. 765.546 Procurement of cadaveric organs for transplant by out-of-state physicians. 765.547 Cooperation organization.

between

medical

examiner

and

procurement

TITLE XLVI CRIMES. CHAPTER 825 ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS. 825.1035 Injunction for protection against exploitation of vulnerable adult. __________ Constitution of the State of Florida __________ ARTICLE X MISCELLANEOUS. Section 4 Homestead; exemptions.

• Title VI. » Fla. Stat. Title VI

TITLE VI. CIVIL PRACTICE AND PROCEDURE. ________ • Title VI. », • Ch. 69. » Fla. Stat. Title VI, Ch. 69

CHAPTER 69. MISCELLANEOUS PROCEDURAL MATTERS. • Title VI. », • Ch. 69. », • § 69.031. • Fla. Stat. § 69.031

§ 69.031. Designated financial institutions for property in hands of guardians, curators, administrators, trustees, receivers, or other officers.— (1) When it is expedient in the judgment of any court having jurisdiction of any estate in process of administration by any guardian, curator, executor, administrator, trustee, receiver, or other officer, because the size of the bond required of the officer is burdensome or for other cause, the court may order part or all of the personal property of the estate placed with a bank, trust company, or savings and loan association designated by the court, consideration being given to any bank, trust company or savings and loan association proposed by the officer. Notwithstanding the foregoing, in probate proceedings and in accordance with s. 733.402, the court shall allow the officer at any time to elect to post and maintain bond for the value of the personal property, or such other reasonable amount determined by the court, whereupon the court shall vacate or terminate any order establishing the depository. When the property is placed with the designated financial institution, it shall file a receipt therefor in the name of the estate and give the officer a copy. Such receipt shall acknowledge the property received by the financial institution. All interest, dividends, principal and other debts collected by the financial institution on account thereof shall be held by the financial institution in safekeeping, subject to the instructions of the officer authorized by order of the court directed to the financial institution. (2) Accountings shall be made to the officer at reasonably frequent intervals. After the receipt for the original property has been filed by the financial institution, the court shall waive the bond given or to be given or reduce it so that it shall apply only to the estate remaining in the hands of the officer, whichever the court deems proper. (3) When the court has ordered any property of an estate to be placed

with a designated financial institution, any person or corporation having possession or control of any of the property, or owing interest, dividends, principal or other debts on account thereof, shall pay and deliver such property, interest, dividends, principal and other debts to the financial institution on its demand whether the officer has duly qualified or not, and the receipt of the financial institution relieves the person or corporation from further responsibility therefor. (4) Any bank, trust company, or savings and loan association which is designated under this section, may accept or reject the designation in any instance, and shall file its acceptance or rejection with the court making the designation within 15 days after actual knowledge of the designation comes to the attention of the financial institution, and if the financial institution accepts, it shall be allowed a reasonable amount for its services and expenses which the court may allow as a charge against the property placed with the financial institution. HISTORY: SS. 1, 2, 3, ch. 21980, 1943; s. 1, ch. 57-198; s. 23, ch. 67-254; s. 1, ch. 2021-183, effective June 29, 2021; s. 1, ch. 2021-239, effective July 1, 2021. Editor’s notes. Former s. 69.15.

• Title VI. », « Ch. 86. • Fla. Stat. Title VI, Ch. 86

CHAPTER 86. DECLARATORY JUDGMENTS. • Title VI. », « Ch. 86. •, • § 86.041. • Fla. Stat. § 86.041

§ 86.041. Actions by executors, administrators, trustees, etc. Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, a guardianship, or the estate of a decedent, an infant, a mental incompetent, or insolvent may have a declaration of rights or equitable or legal relations to: (1) Ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; (2) Direct the executor, administrator, or trustee to refrain from doing any particular act in his or her fiduciary capacity; or (3) Determine any question relating to the administration of the guardianship, estate, or trust, including questions of construction of wills and other writings. For the purpose of this section, a “mental incompetent” is one who, because of mental illness, intellectual disability, senility, excessive use of drugs or alcohol, or other mental incapacity, is incapable of managing his or her property or caring for himself or herself or both. HISTORY: S. 4, ch. 21820, 1943; s. 38, ch. 67-254; s. 1, ch. 88-33; s. 459, ch. 95-147; s. 3, ch. 2013-162, eff. July 1, 2013. Editor’s notes. Former s. 87.04.

« Title XIV. » Fla. Stat. Title XIV

TITLE XIV. TAXATION AND FINANCE. ________ « Title XIV. », • Ch. 198. • Fla. Stat. Title XIV, Ch. 198

CHAPTER 198. ESTATE TAXES. « Title XIV. », • Ch. 198. •, • § 198.01. » Fla. Stat. § 198.01

§ 198.01. Definitions. When used in this chapter the term, phrase or word: (1) “Department” means the Department of Revenue. (2) “Personal representative” means the executor, administrator, or curator of the decedent, or, if there is no executor, administrator, or curator appointed, qualified, and acting, then any person who is in the actual or constructive possession of any property included in the gross estate of the decedent or any other person who is required to file a return or pay the taxes due under any provision of this chapter. (3) “Person” means persons, corporations, associations, joint stock companies, and business trusts. (4) “Transfer” shall be taken to include the passing of property or any interest therein, in possession or enjoyment, present or future, by inheritance, descent, devise, succession, bequest, grant, deed, bargain, sale, gift, or appointment in the manner herein described. (5) “Decedent” shall include the testator, intestate, grantor, bargainor, vendor, or donor. (6) “Resident” means a natural person domiciled in the state. (7) “Nonresident” means a natural person domiciled without the state. (8) “Gross estate” means the gross estate as determined under the provisions of the applicable federal revenue act. (9) “Net estate” means the net estate as determined under the provisions of the applicable federal revenue act. (10) “Tangible personal property” means corporeal personal property, including money.

(11) “Intangible personal property” means incorporeal personal property including deposits in banks, negotiable instruments, mortgages, debts, receivables, shares of stock, bonds, notes, credits, evidences of an interest in property, evidences of debt and choses in action generally. (12) “United States” when used in a geographical sense includes only the 50 states and the District of Columbia. (13) “Generation-skipping transfer” means every transfer subject to the federal generation-skipping transfer tax in which transfer the original transferor is a resident of this state at the date of original transfer or the property transferred is real or personal property in this state. (14) “Original transferor” means any grantor, donor, trustor, or testator who by grant, gift, trust, or will makes a transfer of real or personal property that results in a federal generation-skipping transfer tax. (15) “Federal generation-skipping transfer tax” means the tax imposed by chapter 13 of the Internal Revenue Code of 1986, as amended. HISTORY: S. 2, ch. 16015, 1933; CGL 1936 Supp. 1342(81); ss. 21, 35, ch. 69-106; s. 44, ch. 71-377; s. 1, ch. 80-153; s. 3, ch. 89-356.

« Title XIV. », • Ch. 198. •, « § 198.015. » Fla. Stat. § 198.015

§ 198.015. Domicile of decedent. (1) For the purposes of this chapter, every person shall be presumed to have died a resident and not a nonresident of the state: (a) If such person has dwelt or lodged in the state during and for the greater part of any period of 12 consecutive months in the 24 months next preceding death, notwithstanding the fact that from time to time during such 24 months such person may have sojourned outside of this state, and without regard to whether or not such person may have voted, may have been entitled to vote, or may have been assessed for taxes in this state; or (b) If such person has been a resident of Florida, sojourning outside of this state. (2) The burden of proof in an estate tax proceeding shall be upon any person claiming exemption by reason of alleged nonresidency. Domicile shall be determined exclusively in the proceedings provided in this chapter, and orders relating to domicile previously entered in the probate proceedings shall not be conclusive for the purposes of this chapter. HISTORY: S. 1, ch. 77-411; s. 1031, ch. 95-147.

« Title XIV. », • Ch. 198. •, « § 198.02. » Fla. Stat. § 198.02

§ 198.02. Tax upon estates of resident decedents. A tax is imposed upon the transfer of the estate of every person who, at the time of death, was a resident of this state, the amount of which shall be a sum equal to the amount by which the credit allowable under the applicable federal revenue act for estate, inheritance, legacy, and succession taxes actually paid to the several states exceeds the aggregate amount of all constitutionally valid estate, inheritance, legacy, and succession taxes actually paid to the several states of the United States (other than this state) in respect of any property owned by such decedent or subject to such taxes as a part of or in connection with his or her estate. All values shall be as finally determined for federal estate tax purposes. HISTORY: S. 3, ch. 16015, 1933; CGL 1936 Supp. 1342(83); s. 1, ch. 71-202; s. 3, ch. 82-38; s. 1032, ch. 95-147.

« Title XIV. », • Ch. 198. •, « § 198.021. » Fla. Stat. § 198.021

§ 198.021. Tax upon generation-skipping transfers of residents. A tax is hereby imposed upon every generation-skipping transfer in which the original transferor is a resident of this state at the date of original transfer, in an amount equal to the amount allowable as a credit for state legacy taxes under s. 2604 of the Internal Revenue Code of 1986, as amended, to the extent such credit exceeds the aggregate amount of all constitutionally valid taxes on the same transfer actually paid to the several states of the United States other than this state. HISTORY: S. 2, ch. 80-153; s. 4, ch. 89-356. Editor’s notes. Section 2604 of the Internal Revenue Code of 1986, referred to in this section, is codified as 26 U.S.C.S. § 2604.

« Title XIV. », • Ch. 198. •, « § 198.03. » Fla. Stat. § 198.03

§ 198.03. Tax upon estates of nonresident decedents. A tax is imposed upon the transfer of real property situate in this state, upon tangible personal property having an actual situs in this state, upon intangible personal property having a business situs in this state and upon stocks, bonds, debentures, notes, and other securities or obligations of corporations organized under the laws of this state, of every person who at the time of death was not a resident of this state but was a resident of the United States, the amount of which shall be a sum equal to such proportion of the amount of the credit allowable under the applicable federal revenue act for estate, inheritance, legacy, and succession taxes actually paid to the several states, as the value of the property taxable in this state bears to the value of the entire gross estate wherever situate. HISTORY: S. 4, ch. 16015, 1933; CGL 1936 Supp. 1342(84); s. 1, ch. 28031, 1953.

« Title XIV. », • Ch. 198. •, « § 198.031. » Fla. Stat. § 198.031

§ 198.031. Tax upon generation-skipping transfers of nonresidents. A tax is hereby imposed upon every generation-skipping transfer in which the original transferor is not a resident of this state at the date of the original transfer but in which the property transferred includes real or personal property in this state, in an amount equal to the amount allowable as a credit for state legacy taxes under s. 2604 of the Internal Revenue Code of 1986, as amended, reduced by an amount which bears the same ratio to the total state tax credit allowable for federal generation-skipping transfer tax purposes as the value of the transferred property taxable by all other states bears to the value of the gross generation-skipping transfer for federal generationskipping transfer tax purposes. HISTORY: S. 3, ch. 80-153; s. 5, ch. 89-356. Editor’s notes. Section 2604 of the Internal Revenue Code of 1986, referred to in this section, is codified as 26 U.S.C.S. § 2604.

« Title XIV. », • Ch. 198. •, « § 198.04. » Fla. Stat. § 198.04

§ 198.04. Tax upon estates of alien decedents. A tax is imposed upon the transfer of real property situate and tangible personal property having an actual situs in this state and upon intangible personal property physically present within this state of every person who at the time of death was not a resident of the United States, the amount of which shall be a sum equal to such proportion of the credit allowable under the applicable federal revenue act for estate, inheritance, legacy, and succession taxes actually paid to the several states, as the value of the property taxable in this state bears to the value of the estate taxable by the United States wherever situate. For the purpose of this section, stock in a corporation organized under the laws of this state shall be deemed physically present within this state. The amount receivable as insurance upon the life of a decedent who at the time of death was not a resident of the United States, and any moneys deposited with any person carrying on the banking business by or for such decedent who was not engaged in business in the United States at the time of death, shall not, for the purpose of this section, be deemed to be physically present in this state. HISTORY: S. 5, ch. 16015, 1933; CGL 1936 Supp. 1342(85); s. 1033, ch. 95-147.

« Title XIV. », • Ch. 198. •, « § 198.05. » Fla. Stat. § 198.05

§ 198.05. Administration of law by Department of Revenue. The Department of Revenue shall, except as otherwise provided, have jurisdiction and be charged with the administration and enforcement of the provisions of this chapter. HISTORY: S. 6, ch. 16015, 1933; CGL 1936 Supp. 1342(86); ss. 21, 35, ch. 69-106.

« Title XIV. », • Ch. 198. •, « § 198.06. » Fla. Stat. § 198.06

§ 198.06. Examination of books, papers, records, or memoranda by the department. (1) The department, for the purpose of ascertaining the correctness of any return, or for the purpose of making a return where none has been made, may examine any books, papers, records, or memoranda, bearing upon the matter required to be included in the return; may require the attendance of persons rendering return or of any officer or employee of such persons, or of any person having knowledge in the premises, at any convenient place in the county in which such person resides, and may take his or her testimony with reference to the matter required by law to be included in such return, and may administer oaths to such persons. (2) If any person summoned to appear under this chapter to testify, or to produce books, papers, or other data, shall refuse to do so, the circuit court for the county in which such person resides shall have jurisdiction by appropriate process to compel such attendance, testimony, or production of books, papers, or other data. HISTORY: S. 6, ch. 16015, 1933; CGL 1936 Supp. 1342(86); ss. 21, 35, ch. 69-106; s. 1034, ch. 95-147.

« Title XIV. », • Ch. 198. •, « § 198.07. » Fla. Stat. § 198.07

§ 198.07. Appointment of agents by department; bonds of agents; may administer oaths; credentials. (1) The department may appoint and remove such examiners, appraisers, attorneys and employees as it may deem necessary, such persons to have such duties and powers as the department may from time to time prescribe. The salaries of all examiners, appraisers, attorneys and employees employed by the department shall be such as it may prescribe, and such examiners, appraisers, attorneys and employees shall be reimbursed for travel expenses as provided in s. 112.061. (2) The department may require such of the examiners, appraisers, attorneys and employees as it may designate to give bond payable to the state for the faithful performance of their duties in such form and with such sureties as it may determine, and all premiums on such bonds shall be paid by the state. (3) All officers empowered by law to administer oaths and the examiners, appraisers and attorneys appointed by the department may administer an oath to all persons giving any testimony before them or to take the acknowledgment of any person in respect to any return or report required under this chapter. (4) All examiners, appraisers and attorneys appointed by the department shall have for identification purpose proper credentials issued by the department and exhibit the same upon demand. HISTORY: S. 6, ch. 16015, 1933; CGL 1936 Supp. 1342(86); s. 19, ch. 63-400; ss. 21, 35, ch. 69-106.

« Title XIV. », • Ch. 198. •, « § 198.08. » Fla. Stat. § 198.08

§ 198.08. Rules. The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to enforce the provisions of this chapter and may adopt, as rules, such rules and regulations as are promulgated with respect to the estate tax or generation-skipping transfer tax provisions of the Revenue Act of the United States insofar as they are applicable hereto. The department may from time to time prescribe such forms as it shall deem proper for the administration of this chapter. HISTORY: S. 6, ch. 16015, 1933; CGL 1936 Supp. 1342(86); ss. 21, 35, ch. 69-106; s. 4, ch. 80-153; s. 14, ch. 98-200.

« Title XIV. », • Ch. 198. •, « § 198.11. » Fla. Stat. § 198.11

§ 198.11. Appointment of special appraisers. The department may employ special appraisers for the purpose of determining the value of any property which is, or is believed by the department to be, subject to the tax imposed by this chapter, and such special appraisers shall be paid such compensation as said department shall deem proper. HISTORY: S. 6, ch. 16015, 1933; CGL 1936 Supp. 1342(86); ss. 21, 35, ch. 69-106.

« Title XIV. », • Ch. 198. •, « § 198.13. » Fla. Stat. § 198.13

§ 198.13. Tax return to be made in certain cases; certificate of nonliability. (1) The personal representative of every estate required by the laws of the United States to file a federal estate tax return shall file with the department, on or before the last day prescribed by law for filing the initial federal estate tax return for such estate, a return consisting of an executed copy of the federal estate tax return and shall file with such return all supplemental data, if any, as may be necessary to determine and establish the correct tax under this chapter. Such return shall be made in the case of every decedent who at the time of death was not a resident of the United States and whose gross estate includes any real property situate in the state, tangible personal property having an actual situs in the state, and intangible personal property physically present within the state. (2) Whenever it is made to appear to the department that an estate that has filed a return owes no taxes under this chapter, the department shall issue to the personal representative a certificate in writing to that effect, which certificate shall have the same force and effect as a receipt showing payment. The certificate shall be subject to record and admissible in evidence in like manner as a receipt showing payment of taxes. A fee of $5 shall be paid to the department for each certificate so issued. (3) Every person required to file a return reporting a generation-skipping transfer under applicable federal statutes and regulations shall file with the Department of Revenue, on or before the last day prescribed for filing the federal return, a return consisting of a duplicate copy of the federal return. (4) Notwithstanding any other provisions of this section and applicable to the estate of a decedent who dies after December 31, 2004, if, upon the death of the decedent, a state death tax credit or a generation-skipping transfer credit is not allowable pursuant to the Internal Revenue Code of 1986, as amended: (a) The personal representative of the estate is not required to file a return under subsection (1) in connection with the estate. (b) The person who would otherwise be required to file a return reporting a

generation-skipping transfer under subsection (3) is not required to file such a return in connection with the estate. HISTORY: S. 7, ch. 16015, 1933; CGL 1936 Supp. 1342(87); s. 2, ch. 28031, 1953; s. 2, ch. 29718, 1955; ss. 21, 35, ch. 69-106; s. 2, ch. 71-202; s. 7, ch. 80-153; s. 1, ch. 84-325; s. 38, ch. 85-342; s. 1035, ch. 95-147; s. 4, ch. 99-208; s. 7, ch. 2007-106, eff. July 1, 2007; s. 35, ch. 2008-4, eff. July 1, 2008; s. 1, ch. 2011-86, eff. May 31, 2011; s. 1, ch. 2013-172, eff. Oct. 1, 2013. Editor’s notes. The introductory language of ch. 2011-86, s. 1 states that the amendment of subsection (4) is retroactive to January 1, 2011. Section 1, ch. 2013-172, provides: “Subsection (4) of section 198.13 is amended retroactively to January 1, 2013.”

« Title XIV. », • Ch. 198. •, « § 198.14. » Fla. Stat. § 198.14

§ 198.14. Failure to make return; extension of time for filing. To obtain an extension for filing a Florida return, the personal representative shall file with the department a copy of the federal extension request within 30 days after filing such request with the federal taxing authorities. If the federal taxing authorities grant an extension of time for filing a return, the department shall allow a like extension of time for filing if the personal representative files a copy of such federal extension with the department within 30 days after receiving an approved federal extension. An extension of time for filing a return shall not operate to extend the time for payment of the tax. If any person fails to file a return at the time prescribed by law or files, willfully or otherwise, a false or fraudulent return, the department shall make the return from its own knowledge and from such information as it can obtain through testimony or otherwise. Any such return so made by the department shall be prima facie good and sufficient for all legal purposes. HISTORY: S. 7, ch. 16015, 1933; CGL 1936 Supp. 1342(87); s. 3, ch. 29718, 1955; ss. 21, 35, ch. 69-106; s. 2, ch. 87-102.

« Title XIV. », • Ch. 198. •, « § 198.15. » Fla. Stat. § 198.15

§ 198.15. When tax due; extension; interest; penalty. (1) The tax imposed by this chapter is due and payable on or before the last day prescribed by law for paying the federal estate tax pursuant to the initial estate tax return and shall be paid by the personal representative to the department. The department shall extend the time for payment of the tax or any part of the tax if the time for paying the federal estate tax is extended, provided the personal representative files with the department a copy of the approved federal extension notice within 30 days after receiving such notice. No extension shall be for more than 1 year, and the aggregate of extensions with respect to any estate shall not exceed 10 years from the due date. In such case, the amount in respect of which the extension is granted shall be paid on or before the date of the expiration of the period of the extension, unless a further extension is granted. If the time for the payment is thus extended, there shall be collected, as part of such amount, interest thereon at the rate of 1 percent per month of the amount due from the due date of the tax to the date the same is paid. (2) For any tax that is due on or after July 1, 1991, and that is not paid by the due date or by the due date of any extension granted by the department, in addition to any other penalties, a specific penalty shall be added to the tax in the amount of 10 percent of any unpaid tax if the failure is for not more than 30 days, or 20 percent of the aggregate of any unpaid tax if the failure is for more than 30 days. HISTORY: S. 8, ch. 16015, 1933; CGL 1936 Supp. 1342(88); s. 3, ch. 28031, 1953; ss. 21, 35, ch. 69-106; s. 3, ch. 71-202; s. 1, ch. 76-261; s. 2, ch. 77-411; s. 1, ch. 80-24; s. 8, ch. 80-153; s. 2, ch. 84-325; s. 39, ch. 85-342; s. 3, ch. 87-102; s. 8, ch. 91-112; s. 3, ch. 92-320.

« Title XIV. », • Ch. 198. •, « § 198.155. » Fla. Stat. § 198.155

§ 198.155. Payment of tax on generation-skipping transfers. (1) The person liable for payment of the federal generation-skipping transfer tax shall be liable for the tax imposed by ss. 198.021 and 198.031. (2) The tax imposed by ss. 198.021 and 198.031 is due upon a taxable distribution or taxable termination as determined under applicable provisions of the federal generation-skipping transfer tax. (3) The tax becomes delinquent the day after the last day allowed for filing a return for the generation-skipping transfer. (4) The tax shall be paid to the Department of Revenue. (5) If the tax, or any portion thereof, is not paid before it becomes delinquent, it shall bear interest at the rate of 1 percent per month for each month or fraction thereof that it is delinquent. HISTORY: S. 21, ch. 80-153.

« Title XIV. », • Ch. 198. •, « § 198.16. » Fla. Stat. § 198.16

§ 198.16. Notice of determination of deficiency in federal tax to be filed with department. (1) It shall be the duty of the personal representative to file with the department within 60 days after a final determination of any deficiency in federal estate tax has been made, written notice thereof. (2) If, after a duplicate federal return of a generation-skipping transfer has been filed with the Department of Revenue, the federal authorities increase or decrease the amount of the federal generation-skipping transfer tax, an amended return shall be filed with the department showing all changes made in the original return and the amount of increase or decrease in the federal generation-skipping transfer tax. (3) If, based upon any deficiency and the ground therefor, it shall appear that the amount of tax previously paid is less than the amount of tax owing, the difference, together with interest at the rate of 1 percent per month from the due date of the tax, shall be paid upon notice and demand by the department. In the event the personal representative or person required to return and pay such tax shall fail to give the notice required by this section, any additional tax which shall be owing may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment at any time prior to the filing of such notice or within 30 days after the delinquent filing of such notice, notwithstanding the provisions of s. 198.28. HISTORY: S. 9, ch. 16015, 1933; CGL 1936 Supp. 1342(89); s. 4, ch. 28031, 1953; s. 4, ch. 29718, 1955; ss. 21, 35, ch. 69-106; s. 3, ch. 77-411; s. 9, ch. 80-153.

« Title XIV. », • Ch. 198. •, « § 198.17. » Fla. Stat. § 198.17

§ 198.17. Deficiency; hearing by department. If upon examination of any return a tax or a deficiency in tax is disclosed, the department shall proceed to determine all questions involving such tax or deficiency. Such tax or deficiency in tax shall be assessed and paid together with the penalty and interest, if any, applicable thereto, within 60 days after such demand as may be included in the department’s order. HISTORY: S. 10, ch. 16015, 1933; CGL 1936 Supp. 1342(90); s. 5, ch. 29718, 1955; s. 19, ch. 63-559; ss. 21, 35, ch. 69-106; s. 54, ch. 78-95.

« Title XIV. », • Ch. 198. •, « § 198.18. » Fla. Stat. § 198.18

§ 198.18. Failure to pay tax; penalties; delinquent or deficient taxes, interest. (1) If any part of a deficiency in tax due under the provisions of this chapter is due to negligence or intentional disregard of the provisions of this chapter or the rules and regulations issued pursuant hereto, with knowledge thereof but without intent to defraud, there shall be added as a penalty 10 percent per month of the total amount of the deficiency in tax to a maximum of 50 percent of the tax due; and, if any part of such deficiency is willfully made with intent to defraud, there shall be added as a penalty 100 percent of the total amount of such deficiency, which penalty shall become due and payable upon notice and demand by the department. The personal representative shall be liable to the state personally and on his or her official bond, if any, for any loss to the state accruing under the provisions of this section through the personal representative’s negligence or willful neglect. No interest shall be collected upon the amount of any penalty. The department may settle or compromise such penalties pursuant to s. 213.21. (2) Any deficiency in tax or any tax payment not received by the department on or before the due date as provided in s. 198.15, in addition to any other penalties, shall bear interest at the rate of 1 percent per month of the amount due from the due date until paid. The department may settle or compromise such interest pursuant to s. 213.21. HISTORY: S. 11, ch. 16015, 1933; CGL 1936 Supp. 1342(91); s. 6, ch. 29718, 1955; ss. 21, 35, ch. 69-106; s. 2, ch. 76-261; s. 1, ch. 77-174; s. 10, ch. 80-153; s. 2, ch. 81-178; s. 50, ch. 87-6; s. 30, ch. 87-101; s. 4, ch. 92-320; s. 1036, ch. 95-147.

« Title XIV. », • Ch. 198. •, « § 198.19. » Fla. Stat. § 198.19

§ 198.19. Receipts for taxes. The department shall issue to the personal representative, upon payment of the tax imposed by this chapter, receipts in triplicate, any of which shall be sufficient evidence of such payment and shall entitle the personal representative to be credited and allowed the amount thereof by any court having jurisdiction to audit or settle his or her accounts. If the personal representative files a complete return and makes written application to the department for determination of the amount of the tax and discharge from personal liability therefor, the department as soon as possible, and in any event within 1 year after receipt of such application, shall notify the personal representative of the amount of the tax; and upon payment thereof the personal representative shall be discharged from personal liability for any additional tax thereafter found to be due and shall be entitled to receive from the department a receipt in writing showing such discharge; however, such discharge shall not operate to release the gross estate of the lien of any additional tax that may thereafter be found to be due, while the title to the gross estate remains in the personal representative or in the heirs, devisees, or distributees thereof; but after such discharge is given, no part of the gross estate shall be subject to such lien or to any claim or demand for any such tax after the title thereto has passed to a bona fide purchaser for value. HISTORY: S. 12, ch. 16015, 1933; CGL 1936 Supp. 1342(92); ss. 21, 35, ch. 69-106; s. 11, ch. 80-153; s. 1037, ch. 95-147.

« Title XIV. », • Ch. 198. •, « § 198.20. » Fla. Stat. § 198.20

§ 198.20. Failure to pay tax when due, department’s warrant, etc. If any tax imposed by this chapter or any portion of such tax be unpaid within 90 days after the same becomes due, and the time for payment be not extended, the department shall issue a warrant directed to the sheriff of any county of the state in which the estate or any part thereof may be situated, commanding the sheriff to levy upon and sell the real and personal property of such estate found within his or her county, for the payment of the amount thereof, with such interest and penalties, if any, as may have accrued thereon or been assessed against the same, together with the cost of executing the warrant, and to return such warrant, to the department and pay to it the money collected by virtue thereof, by a time to be therein specified, not less than 60 days from the date of the warrant. The sheriff thereupon shall proceed upon the same in all respects, with like effect, and in the same manner prescribed by law in respect to executions issued against property upon judgments of a court of record, and shall be entitled to the same fees for services in executing the warrant as are now allowed by law for like services to be collected in the same manner as now provided by law. Alias and pluries warrants may issue from time to time as said department may deem proper until the entire amount of the tax, deficiency, interest, penalties, and costs have been recovered. HISTORY: S. 13, ch. 16015, 1933; CGL 1936 Supp. 1342(93); ss. 21, 35, ch. 69-106; s. 1038, ch. 95-147.

« Title XIV. », • Ch. 198. •, « § 198.21. » Fla. Stat. § 198.21

§ 198.21. Tax due payable from entire estate; third persons. If the tax or any part thereof is paid or collected out of that part of the estate passing to or in possession of any person other than the personal representative in his or her capacity as such, such person shall be entitled to a reimbursement out of any part of the estate still undistributed or by a just and equitable contribution by the person whose interest in the estate of the decedent would have been reduced if the tax had been paid before the distribution of the estate or whose interest in the estate is subject to an equal or prior liability for the payment of tax, debts, or other charges against the estate, it being the purpose and intent of this section that, so far as is practical and unless otherwise directed by the will of the decedent, the tax shall be paid out of the estate before its distribution; but the department shall not be charged with enforcing contribution from any person. HISTORY: S. 14, ch. 16015, 1933; CGL 1936 Supp. 1342(94); ss. 21, 35, ch. 69-106; s. 12, ch. 80-153; s. 1039, ch. 95-147.

« Title XIV. », • Ch. 198. •, « § 198.22. » Fla. Stat. § 198.22

§ 198.22. Lien for unpaid taxes. Unless the tax is sooner paid in full, it shall be a lien for 12 years upon the gross estate of the decedent, except that such part of the gross estate as is used for the payment of charges against the estate and expenses of its administration, allowed by any court having jurisdiction thereof, shall be divested of such lien, and except that such part of the gross estate of a resident decedent as is transferred to a bona fide purchaser, mortgagee, or pledgee, for an adequate and full consideration in money or money’s worth shall be divested of such lien and such lien shall then attach to the consideration received for such property from such purchaser, mortgagee, or pledgee. If the department is satisfied that no tax liability exists or that the tax liability of an estate has been fully discharged or provided for, it may issue a waiver releasing any or all property of such estate from the lien herein imposed. HISTORY: S. 15, ch. 16015, 1933; CGL 1936 Supp. 1342(95); s. 1, ch. 57-108; s. 13, ch. 59-1; ss. 21, 35, ch. 69-106; s. 4, ch. 77-411.

« Title XIV. », • Ch. 198. •, « § 198.23. » Fla. Stat. § 198.23

§ 198.23. Personal liability of personal representative. If any personal representative shall make distribution either in whole or in part of any of the property of an estate to the heirs, next of kin, distributees, legatees, or devisees without having paid or secured the tax due the state under this chapter, or having obtained the release of such property from the lien of such tax either by the department or pursuant to s. 198.32(2), he or she shall become personally liable for the tax so due the state, or so much thereof as may remain due and unpaid, to the full extent of the full value of any property belonging to such person or estate which may come into the personal representative’s hands, custody, or control. HISTORY: S. 16, ch. 16015, 1933; CGL 1936 Supp. 1342(96); s. 13, ch. 80-153; s. 1040, ch. 95-147; s. 5, ch. 99-208.

« Title XIV. », • Ch. 198. •, « § 198.24. » Fla. Stat. § 198.24

§ 198.24. Sale of real estate by personal representative to pay tax. Every personal representative shall have the same right and power to take possession of or sell, convey, and dispose of real estate, as assets of the estate, for the payment of the tax imposed by this chapter as he or she may have for the payment of the debts of the decedent. HISTORY: S. 17, ch. 16015, 1933; CGL 1936 Supp. 1342(97); s. 14, ch. 80-153; s. 1041, ch. 95-147.

« Title XIV. », • Ch. 198. •, « § 198.25. » Fla. Stat. § 198.25

§ 198.25. Actions to enforce payment of tax. Actions may be brought within the time or times herein specified by the department to recover the amount of any taxes, penalties and interest due under this chapter. Every such action shall be brought in the county where the estate is being or has been administered, or if no administration be had in this state, then in any county where any of the property of the estate shall be situate. HISTORY: S. 18, ch. 16015, 1933; CGL 1936 Supp. 1342(98); ss. 21, 35, ch. 69-106.

« Title XIV. », • Ch. 198. •, « § 198.26. » Fla. Stat. § 198.26

§ 198.26. No discharge of personal representative until tax is paid. No final account of a personal representative shall be allowed by any court unless and until such account shows, and the judge of said court finds, that the tax imposed by the provisions of this chapter upon the personal representative, which has become payable, has been paid. The certificate of the department of nonliability for the tax or its receipt for the amount of tax therein certified shall be conclusive in such proceedings as to the liability or the payment of the tax to the extent of said certificate. In the case of a nontaxable estate, the court may consider the affidavit prepared pursuant to s. 198.32(2) as evidence of the nonliability for tax. HISTORY: S. 19, ch. 16015, 1933; CGL 1936 Supp. 1342(99); s. 7, ch. 29718, 1955; ss. 21, 35, ch. 69-106; s. 15, ch. 80-153; s. 6, ch. 99-208.

« Title XIV. », • Ch. 198. •, « § 198.28. » Fla. Stat. § 198.28

§ 198.28. Time for assessment of tax. The amount of estate tax due under this chapter shall be determined and assessed within 4 years from the date the return was filed, or within a period expiring 90 days after the last day on which the assessment of a deficiency in federal estate tax may lawfully be made under applicable provisions of the Internal Revenue Laws of the United States, whichever date last occurs, and no suit or other proceedings for the collection of any tax due under this chapter shall be begun after such date; provided, however, that in the case of a false or fraudulent return or of a failure to file a return, the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time. HISTORY: S. 21, ch. 16015, 1933; CGL 1936 Supp. 1342(101); s. 5, ch. 28031, 1953; s. 8, ch. 29718, 1955.

« Title XIV. », • Ch. 198. •, « § 198.29. » Fla. Stat. § 198.29

§ 198.29. Refunds of excess tax paid. (1) Whenever it appears, upon the examination of any return made under this chapter or upon proof submitted to the department by the personal representative, that an amount of estate tax has been paid in excess of the tax legally due under this chapter, the amount of such overpayment, together with any overpayment of interest thereon shall be refunded to the personal representative and paid by the Chief Financial Officer; such refund shall be made by the department as a matter of course regardless of whether or not the personal representative has filed a written claim therefor, except that upon request of the department, the personal representative shall file with the department a conformed copy of any written claim for refund of federal estate tax which has theretofore been filed with the United States. (2) Notwithstanding the foregoing provisions, no refund of estate tax shall be made nor shall any personal representative be entitled to bring any action for refund of estate tax after the expiration of 4 years from the date of payment of the tax to be refunded, unless there shall have been filed with the department written notice of any administrative or judicial determination of the federal estate tax liability of the estate, whichever shall last occur, and such notice shall have been so filed not later than 60 days after the determination shall have become final. (3) For the purpose of this section, an administrative determination shall be deemed to have become final on the date of receipt by the personal representative or other interested party of the final payment to be made refunding federal estate tax or upon the last date on which the personal representative or any other interested party shall receive notice from the United States that an overpayment of federal estate tax has been credited by the United States against any liability other than federal estate tax of said estate. A final judicial determination shall be deemed to have occurred on the date on which any judgment entered by a court of competent jurisdiction and determining that there has been an overpayment of federal estate tax becomes final.

(4) Nothing herein contained shall be construed to prevent a personal representative from bringing or maintaining an action in any court of competent jurisdiction, within any period otherwise prescribed by law, to determine any question bearing upon the taxable situs of property, the domicile of a decedent, or otherwise affecting the jurisdiction of the state to impose an inheritance or estate tax with respect to a particular item or items of property. (5) Notwithstanding any other provision of this section, estate tax may not be refunded pursuant to any allegation that the decedent was a resident of another state unless this state is a party to any compromise agreement between the decedent’s estate and the other state or unless this state is allowed to intervene as a party in any action in the other state in which the residency of the decedent is at issue. HISTORY: S. 22, ch. 16015, 1933; CGL 1936 Supp. 1342(102); s. 8-A, ch. 29718, 1955; ss. 21, 35, ch. 69-106; s. 17, ch. 80-153; s. 2, ch. 89-356; s. 176, ch. 2003-261.

« Title XIV. », • Ch. 198. •, « § 198.30. » Fla. Stat. § 198.30

§ 198.30. Circuit judge to report names of decedents, etc.— Each circuit judge of this state shall, on or before the 10th day of every month, notify the Agency for Health Care Administration of the names of all decedents; the names and addresses of the respective personal representatives, administrators, or curators appointed; the amount of the bonds, if any, required by the court; and the probable value of the estates, in all estates of decedents whose wills have been probated or propounded for probate before the circuit judge or upon which letters testamentary or upon whose estates letters of administration or curatorship have been sought or granted, during the preceding month; and such report shall contain any other information that the circuit judge may have concerning the estates of such decedents. A circuit judge shall also furnish forthwith such further information, from the records and files of the circuit court in regard to such estates, as the department may from time to time require. HISTORY: S. 23, ch. 16015, 1933; CGL 1936 Supp. 1342(103); s. 9, ch. 29718, 1955; ss. 21, 35, ch. 69-106; s. 20, ch. 73-334; s. 18, ch. 80-153; s. 1042, ch. 95147; s. 14, ch. 98-191; s. 8, ch. 2017-36, effective May 25, 2017.

« Title XIV. », • Ch. 198. •, « § 198.31. » Fla. Stat. § 198.31

§ 198.31. Duties and powers of corporate personal representatives of nonresident decedents. If the personal representative of the estate of a nonresident is a corporation duly authorized, qualified, and acting as personal representative in the jurisdiction of the domicile of the decedent, it shall be under the duties and obligations as to the giving of notices and filing of returns required by this chapter, and may bring and defend actions and suits as may be authorized or permitted by this chapter, to the same extent as an individual personal representative, notwithstanding that such corporation may be prohibited from exercising, in this state, any powers as personal representative; but nothing herein contained shall be taken or construed as authorizing a corporation not authorized to do business in this state to qualify or act as a personal representative, an administrator, or in any other fiduciary capacity, if otherwise prohibited by the laws of this state, except to the extent herein expressly provided. HISTORY: S. 24, ch. 16015, 1933; CGL 1936 Supp. 1342(104); s. 19, ch. 80-153.

« Title XIV. », • Ch. 198. •, « § 198.32. » Fla. Stat. § 198.32

§ 198.32. Prima facie liability for tax. (1) The estate of each decedent whose property is subject to the laws of the state shall be deemed prima facie liable for estate taxes under this chapter and shall be subject to a lien therefor in such amount as may be later determined to be due and payable on the estate as provided in this chapter. This presumption of liability shall begin on the date of the death of the decedent and shall continue until the full settlement of all taxes which may be found to be due under this chapter, the settlement to be shown by receipts for all taxes due to be issued by the department as provided for in this chapter. (2) Whenever an estate is not subject to tax under this chapter and is not required to file a return, the personal representative may execute an affidavit attesting that the estate is not taxable. The form of the affidavit shall be prescribed by the department, and shall include, but not be limited to, statements regarding the decedent’s domicile and whether a federal estate tax return will be filed, and acknowledgment of the personal representative’s personal liability under s. 198.23. This affidavit shall be subject to record and admissible in evidence to show nonliability for tax. This subsection applies to all estates, regardless of the date of death of the decedent. HISTORY: S. 25, ch. 16015, 1933; CGL 1936 Supp. 1342(105); ss. 21, 35, ch. 69-106; s. 4, ch. 71-202; s. 20, ch. 80-153; s. 7, ch. 99-208; s. 2, ch. 2005-280.

« Title XIV. », • Ch. 198. •, « § 198.33. » Fla. Stat. § 198.33

§ 198.33. Discharge of estate, notice of lien, limitation on lien, etc. (1) Where no receipt for the payment of taxes, or no affidavit or certificate of nonliability for taxes has been issued or recorded as provided for in this chapter, the property constituting the estate of the decedent in this state shall be deemed fully acquitted and discharged of all liability for estate and inheritance taxes under this chapter after a lapse of 10 years from the date of the filing with the department of an estate tax return, unless the department shall make out and file and have recorded in the public records of the county wherein any part of the estate of the decedent may be situated in this state, a notice of lien against the property of the estate, specifying the amount or approximate amount of taxes claimed to be due to the state under this chapter, which notice of lien shall continue said lien in force for an additional period of 5 years or until payment is made. Such notice of lien shall be filed and recorded in the book of deeds in the office of the clerk of the circuit court; provided, where no receipt for the payment of taxes, or no affidavit or certificate of nonliability for taxes, has been issued or recorded as provided for in this chapter, the property constituting the estate of the decedent in this state, if said decedent was a resident of this state at the time of death, shall be deemed fully acquitted and discharged of all liability for tax under this chapter after a lapse of 10 years from the date of the death of the decedent, unless the department shall make out and file and have recorded notice of lien as herein provided, which notice shall continue said lien in force against such property of the estate as is situate in the county wherein said notice of lien was recorded for an additional period of 5 years or until payment is made. (2) Notwithstanding anything to the contrary in this section or this chapter, no lien for estate and inheritance taxes under this chapter shall continue for more than 20 years from the date of death of the decedent, whether the decedent be a resident or nonresident of this state. HISTORY: S. 26, ch. 16015, 1933; CGL 1936 Supp. 1342(106); s. 6, ch. 28031, 1953; s. 10, ch. 29718, 1955; s. 2, ch. 57-108; ss. 21, 35, ch. 69-106; s. 1043, ch.

95-147; s. 8, ch. 99-208.

« Title XIV. », • Ch. 198. •, « § 198.34. » Fla. Stat. § 198.34

§ 198.34. Disposition of proceeds from taxes. All taxes and fees levied and collected under this chapter shall be paid into the Treasury of the state to the credit of the General Revenue Fund. HISTORY: S. 28, ch. 16015, 1933; CGL 1936 Supp. 1342(108); s. 10, ch. 26869, 1951.

« Title XIV. », • Ch. 198. •, « § 198.35. » Fla. Stat. § 198.35

§ 198.35. Interpretation and construction. When not otherwise provided for in this chapter, the rules of interpretation and construction applicable to the estate and inheritance tax laws of the United States shall apply to and be followed in the interpretation of this chapter. HISTORY: S. 32, ch. 16015, 1933; CGL 1936 Supp. 1342(111); s. 5, ch. 77-411; s. 1, ch. 79-34; s. 1, ch. 80-16; s. 1, ch. 82-38.

« Title XIV. », • Ch. 198. •, « § 198.36. » Fla. Stat. § 198.36

§ 198.36. Failure to produce records; penalty. Whoever fails to comply with any duty imposed upon him or her by this law, or having in his or her possession or control any record, file, or paper, containing or supposed to contain any information concerning the estate of the decedent, or, having in his or her possession or control any property comprised in the gross estate of the decedent, fails to exhibit the same upon request to the department or any examiner, appraiser, or attorney appointed pursuant to this chapter, who desires to examine the same in the performance of his or her duties under this chapter, shall be liable to a penalty of not exceeding $500 to be recovered, with costs of suit, in a civil action in the name of the state. HISTORY: S. 27, ch. 16015, 1933; CGL 1936 Supp. 1342(107); ss. 21, 35, ch. 69-106; s. 1044, ch. 95-147.

« Title XIV. », • Ch. 198. •, « § 198.37. » Fla. Stat. § 198.37

§ 198.37. Failure to make return; penalty. Any person required under this chapter to pay any tax, or required by law or regulations made under authority thereof to make a return, keep any records, or supply any information for the purposes of the computation, assessment, or collection of any tax imposed by this chapter, who willfully fails to pay such tax, make such return, keep such records, or supply such information, at the time or times required by law or regulations, is, in addition to other penalties provided by law, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. HISTORY: S. 27, ch. 16015, 1933; CGL 1936 Supp. 7473(3-a); s. 97, ch. 71-136; s. 62, ch. 87-6; s. 36, ch. 87-101; s. 11, ch. 91-224.

« Title XIV. », • Ch. 198. •, « § 198.38. » Fla. Stat. § 198.38

§ 198.38. False return; penalty. Any person who willfully aids or assists in, or procures, counsels, or advises, the preparation or presentation under, or in connection with any matter arising under, this chapter of a false or fraudulent return, affidavit, claim, or document shall (whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such return, affidavit, claim or document) be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. HISTORY: S. 27, ch. 16015, 1933; CGL 1936 Supp. 7473(3-a); s. 98, ch. 71-136.

« Title XIV. », • Ch. 198. •, « § 198.39. » Fla. Stat. § 198.39

§ 198.39. False statement in return; penalty. Whoever knowingly makes any false statement in any notice, affidavit, or return required to be filed or made under this chapter is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. HISTORY: S. 27, ch. 16015, 1933; CGL 1936 Supp. 7473(3-a); s. 99, ch. 71-136; s. 63, ch. 87-6; s. 37, ch. 87-101; s. 12, ch. 91-224; s. 9, ch. 99-208.

« Title XIV. », • Ch. 198. •, « § 198.40. » Fla. Stat. § 198.40

§ 198.40. Failure to pay tax, evasion of tax, etc.; penalty. Any person required under this chapter to collect, account for, and pay over any tax imposed by this chapter who willfully fails to collect or truthfully account for and pay over such tax, and any person who willfully attempts in any manner to evade or defeat any tax imposed by this chapter or the payment thereof, shall, in addition to other penalties provided by law, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. HISTORY: S. 27, ch. 16015, 1933; CGL 1936 Supp. 7473(3-a); s. 100, ch. 71-136.

« Title XIV. », • Ch. 198. •, « § 198.41. » Fla. Stat. § 198.41

§ 198.41. Effectiveness of this chapter, etc. This chapter shall remain in force and effect so long as the Government of the United States retains in full force and effect as a part of the Revenue Laws of the United States a Federal Estate Tax, and this chapter shall cease to be operative as and when the Government of the United States ceases to impose any Estate Tax of the United States. HISTORY: S. 29, ch. 16015, 1933; CGL 1936 Supp. 1342(109).

« Title XIV. », • Ch. 198. •, « § 198.42. » Fla. Stat. § 198.42

§ 198.42. Short title. This chapter may be cited as the “Estate Tax Law of Florida.” HISTORY: S. 1, ch. 16015, 1933; CGL 1936 Supp. 1342(80).

« Title XIV. », • Ch. 198. •, « § 198.44. • Fla. Stat. § 198.44

§ 198.44. Certain exemptions from inheritance and estate taxes. The tax imposed under the inheritance and estate tax laws of this state in respect to personal property (except tangible property having an actual situs in this state) shall not be payable: (1) If the transferor at the time of death was a resident of a state or territory of the United States, or the District of Columbia, which at the time of death did not impose a death tax of any character in respect to property of residents of this state (except tangible personal property having an actual situs in such state, territory, or district); or (2) If the laws of the state, territory, or district of the residence of the transferor at the time of death contained a reciprocal exemption provision under which nonresidents were exempted from said death taxes of every character in respect to personal property (except tangible personal property having an actual situs therein), and provided that the state, territory, or district of the residence of such nonresident decedent allowed a similar exemption to residents of the state, territory, or district of residence of such decedent. HISTORY: S. 1, ch. 15747, 1931; CGL 1936 Supp. 1342(70); s. 1045, ch. 95-147.

« Title XV. » Fla. Stat. Title XV

TITLE XV. HOMESTEAD AND EXEMPTIONS. ________ « Title XV. », • Ch. 222. • Fla. Stat. Title XV, Ch. 222

CHAPTER 222. METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS. « Title XV. », • Ch. 222. •, • § 222.01. » Fla. Stat. § 222.01

§ 222.01. Designation of homestead by owner before levy. (1) Whenever any natural person residing in this state desires to avail himself or herself of the benefit of the provisions of the constitution and laws exempting property as a homestead from forced sale under any process of law, he or she may make a statement, in writing, containing a description of the real property, mobile home, or modular home claimed to be exempt and declaring that the real property, mobile home, or modular home is the homestead of the party in whose behalf such claim is being made. Such statement shall be signed by the person making it and shall be recorded in the circuit court. (2) When a certified copy of a judgment has been filed in the public records of a county pursuant to chapter 55, a person who is entitled to the benefit of the provisions of the State Constitution exempting real property as homestead and who has a contract to sell or a commitment from a lender for a mortgage on the homestead may file a notice of homestead in the public records of the county in which the homestead property is located in substantially the following form: NOTICE OF HOMESTEAD To: (Name and address of judgment creditor as shown on recorded judgment and name and address of any other person shown in the recorded judgment to receive a copy of the Notice of Homestead). You are notified that the undersigned claims as homestead exempt from levy and execution under Section 4, Article X of the State Constitution, the following described property: (Legal description) The undersigned certifies, under oath, that he or she has applied for and

received the homestead tax exemption as to the above-described property, that ___________ is the tax identification parcel number of this property, and that the undersigned has resided on this property continuously and uninterruptedly from (date) to the date of this Notice of Homestead. Further, the undersigned will either convey or mortgage the above-described property pursuant to the following: (Describe the contract of sale or loan commitment by date, names of parties, date of anticipated closing, and amount. The name, address, and telephone number of the person conducting the anticipated closing must be set forth.) The undersigned also certifies, under oath, that the judgment lien filed by you on (date) and recorded in Official Records Book ___________, Page ___________, of the Public Records of ___________ County, Florida, does not constitute a valid lien on the described property. YOU ARE FURTHER NOTIFIED, PURSUANT TO SECTION 222.01 ET SEQ., FLORIDA STATUTES, THAT WITHIN 45 DAYS AFTER THE MAILING OF THIS NOTICE YOU MUST FILE AN ACTION IN THE CIRCUIT COURT OF ___________ COUNTY, FLORIDA, FOR A DECLARATORY JUDGMENT TO DETERMINE THE CONSTITUTIONAL HOMESTEAD STATUS OF THE SUBJECT PROPERTY OR TO FORECLOSE YOUR JUDGMENT LIEN ON THE PROPERTY AND RECORD A LIS PENDENS IN THE PUBLIC RECORDS OF THE COUNTY WHERE THE HOMESTEAD IS LOCATED. YOUR FAILURE TO SO ACT WILL RESULT IN ANY BUYER OR LENDER, OR HIS OR HER SUCCESSORS AND ASSIGNS, UNDER THE ABOVE-DESCRIBED CONTRACT OF SALE OR LOAN COMMITMENT TO TAKE FREE AND CLEAR OF ANY JUDGMENT LIEN YOU MAY HAVE ON THE PROPERTY. This ___________ day of ___________, 2___________. _____________________________ (Signature of Owner) _____________________________ (Printed Name of Owner)

_____________________________ (Owner’s Address) Sworn to and subscribed before me by ___________ who is personally known to me or produced ___________ as identification, this ___________ day of ___________, 2___________. _____________________________ Notary Public (3) The clerk shall mail a copy of the notice of homestead to the judgment lienor, by certified mail, return receipt requested, at the address shown in the most recent recorded judgment or accompanying affidavit, and to any other person designated in the most recent recorded judgment or accompanying affidavit to receive the notice of homestead, and shall certify to such service on the face of such notice and record the notice. Notwithstanding the use of certified mail, return receipt requested, service shall be deemed complete upon mailing. (4) A lien pursuant to chapter 55 of any lienor upon whom such notice is served, who fails to institute an action for a declaratory judgment to determine the constitutional homestead status of the property described in the notice of homestead or to file an action to foreclose the judgment lien, together with the filing of a lis pendens in the public records of the county in which the homestead is located, within 45 days after service of such notice shall be deemed as not attaching to the property by virtue of its status as homestead property as to the interest of any buyer or lender, or his or her successors or assigns, who takes under the contract of sale or loan commitment described above within 180 days after the filing in the public records of the notice of homestead. This subsection shall not act to prohibit a lien from attaching to the real property described in the notice of homestead at such time as the property loses its homestead status. (5) As provided in s. 4, Art. X of the State Constitution, this subsection shall not apply to: (a) Liens and judgments for the payment of taxes and assessments on real property. (b) Liens and judgments for obligations contracted for the purchase of real

property. (c) Liens and judgments for labor, services, or materials furnished to repair or improve real property. (d) Liens and judgments for other obligations contracted for house, field, or other labor performed on real property. HISTORY: S. 1, ch. 1715, 1869; RS 1998; GS 2520; RGS 3875; CGL 5782; s. 20, ch. 73-334; s. 2, ch. 77-299; s. 1, ch. 83-40; s. 1195, ch. 95-147; s. 25, ch. 2000258; s. 17, ch. 2005-241.

« Title XV. », • Ch. 222. •, « § 222.02. » Fla. Stat. § 222.02

§ 222.02. Designation of homestead after levy. Whenever a levy is made upon the lands, tenements, mobile home, or modular home of such person whose homestead has not been set apart and selected, such person, or the person’s agent or attorney, may in writing notify the officer making such levy, by notice under oath made before any officer of this state duly authorized to administer oaths, at any time before the day appointed for the sale thereof, of what such person regards as his or her homestead, with a description thereof; and the remainder only shall be subject to sale under such levy. HISTORY: S. 2, ch. 1715, 1869; RS 1999; GS 2521; RGS 3876; CGL 5783; s. 3, ch. 77-299; s. 2, ch. 83-40; s. 1196, ch. 95-147.

« Title XV. », • Ch. 222. •, « § 222.03. » Fla. Stat. § 222.03

§ 222.03. Survey at instance of dissatisfied creditor. If the creditor in any execution or process sought to be levied is dissatisfied with the quantity of land selected and set apart, and shall himself or herself, or by his or her agent or attorney, notify the officer levying, the officer shall at the creditor’s request cause the same to be surveyed, and when the homestead is not within the corporate limits of any town or city, the person claiming said exemption shall have the right to set apart that portion of land belonging to him or her which includes the residence, or not, at the person’s option, and if the first tract or parcel does not contain 160 acres, the said officer shall set apart the remainder from any other tract or tracts claimed by the debtor, but in every case taking all the land lying contiguous until the whole quantity of 160 acres is made up. The person claiming the exemption shall not be forced to take as his or her homestead any tract or portion of a tract, if any defect exists in the title, except at the person’s option. The expense of such survey shall be chargeable on the execution as costs; but if it shall appear that the person claiming such exemption does not own more than 160 acres in the state, the expenses of said survey shall be paid by the person directing the same to be made. HISTORY: S. 3, ch. 1715, 1869; s. 1, ch. 1944, 1873; RS 2000; GS 2522; RGS 3877; CGL 5784; s. 1197, ch. 95-147.

« Title XV. », • Ch. 222. •, « § 222.04. » Fla. Stat. § 222.04

§ 222.04. Sale after survey. After such survey has been made, the officer making the levy may sell the property levied upon not included in such property set off in such manner. HISTORY: S. 4, ch. 1715, 1869; RS 2001; GS 2523; RGS 3878; CGL 5785.

« Title XV. », • Ch. 222. •, « § 222.05. » Fla. Stat. § 222.05

§ 222.05. Setting apart leasehold. Any person owning and occupying any dwelling house, including a mobile home used as a residence, or modular home, on land not his or her own which he or she may lawfully possess, by lease or otherwise, and claiming such house, mobile home, or modular home as his or her homestead, shall be entitled to the exemption of such house, mobile home, or modular home from levy and sale as aforesaid. HISTORY: S. 5, ch. 1715, 1869; RS 2002; GS 2524; RGS 3879; CGL 5786; s. 1, ch. 77-299; s. 1198, ch. 95-147.

« Title XV. », • Ch. 222. •, « § 222.061. » Fla. Stat. § 222.061

§ 222.061. Method of exempting personal property; inventory. (1) When a levy is made by writ of execution, writ of attachment, or writ of garnishment upon personal property which is allowed by law or by the State Constitution to be exempt from levy and sale, the debtor may claim such personal property to be exempt from sale by making, within 15 days after the date of the levy, an inventory of his or her personal property. The inventory shall show the fair market valuation of the property listed and shall have an affidavit attached certifying that the inventory contains a correct list of all personal property owned by the debtor in this state and that the value shown is the fair market value of the property. The debtor shall designate the property listed in the schedule which he or she claims to be exempt from levy and sale. (2) The original inventory and affidavit shall be filed with the court which issued the writ. The debtor, by mail or hand delivery, shall promptly serve one copy on the judgment creditor and furnish one copy to the sheriff who executed the writ. If the creditor desires to object to the inventory, he or she shall file an objection with the court which issued the writ within 5 days after service of the inventory, or he or she shall be deemed to admit the inventory as true. If the creditor does not file an objection, the clerk of the court shall immediately send the case file to the court issuing the writ, and the court shall promptly issue an order exempting the items claimed. Such order shall be sent by the court to the sheriff directing him or her to promptly redeliver to the debtor any exempt property under the levy and to sell any nonexempt property under the levy according to law. (3) If the creditor files an objection, he or she shall promptly serve, by mail or hand delivery, one copy on the debtor and furnish one copy to the sheriff who executed the writ. Upon the filing of an objection, the clerk shall immediately send the case file to the court issuing the writ, and the court shall automatically schedule a prompt evidentiary hearing to determine the validity of the objection and shall enter its order therein describing the exempt and nonexempt property. Upon its issuance, the order shall be sent by the court to the sheriff directing him or her to promptly redeliver to the debtor any exempt property under the levy and to

sell the nonexempt property under the levy according to law. (4) The court shall appoint a disinterested appraiser to assist in its evidentiary hearing unless the debtor and creditor mutually waive the appointment of such appraiser. The appraiser shall take and file an oath that he or she will faithfully appraise the property at its fair market value and that he or she will file a signed and sworn appraisal with the court as required by law. Notice of the time and place of the inspection of the property for the purpose of its appraisal shall be given by the appraiser to the debtor, creditor, and sheriff, at least 24 hours before the inspection is made. The appraiser shall be entitled to a reasonable fee as determined by the court for his or her services. The appraiser’s fee shall be taxed as costs, but no costs shall be assessed against the debtor for the proceedings under this section if the debtor prevails on his or her claim of exemption. The court may require the creditor to deposit a cash bond, a surety bond, or other security, conditioned on the creditor’s obligation to pay reasonable appraisal expenses, not to exceed $100. (5) During the pendency of proceedings under this section, the sheriff shall safeguard the property seized under the writ, and the creditor shall deposit sufficient moneys with the sheriff to pay the cost of such safeguarding until the property is sold or redelivered to the debtor. When the sheriff receives a copy of a court order identifying which property has been declared exempt and which property has been declared not exempt and ordering the sale of the property not exempt from levy, he or she shall sell the property. (6) The party who successfully maintains his or her claim at the time of the evidentiary hearing may be entitled to reasonable attorney’s fees and shall be entitled to costs. The costs shall include, but not be limited to, appraisal fees, storage fees, and such other costs incurred as a result of the levy. (7) No inventory or schedule to exempt personal property from sale shall be accepted prior to a levy on the property. HISTORY: S. 5, ch. 85-272; s. 61, ch. 87-224; s. 1199, ch. 95-147.

« Title XV. », • Ch. 222. •, « § 222.07. » Fla. Stat. § 222.07

§ 222.07. Defendant’s rights of selection. Upon the completion of the inventory the person entitled to the exemption, or the person’s agent or attorney, may select from such an inventory an amount of property not exceeding, according to such appraisal, the amount of value exempted; but if the person so entitled, or the person’s agent or attorney, does not appear and make such selection, the officer shall make the selection for him or her, and the property not so selected as exempt may be sold. HISTORY: S. 8, ch. 1715, 1869; RS 2004; GS 2526; RGS 3881; CGL 5788; s. 1200, ch. 95-147.

« Title XV. », • Ch. 222. •, « § 222.08. » Fla. Stat. § 222.08

§ 222.08. Jurisdiction to set apart homestead and exemption. The circuit courts have equity jurisdiction to order and decree the setting apart of homesteads and of exemptions of personal property from forced sales. HISTORY: S. 2, ch. 3246, 1881; RS 2005; GS 2527; RGS 3882; CGL 5789.

« Title XV. », • Ch. 222. •, « § 222.09. » Fla. Stat. § 222.09

§ 222.09. Injunction to prevent sale. The circuit courts have equity jurisdiction to enjoin the sale of all property, real and personal, that is exempt from forced sale. HISTORY: S. 1, ch. 3246, 1881; RS 2006; GS 2528; RGS 3883; CGL 5790.

« Title XV. », • Ch. 222. •, « § 222.10. » Fla. Stat. § 222.10

§ 222.10. Jurisdiction to subject property claimed to be exempt. The circuit courts have equity jurisdiction upon bill filed by a creditor or other person interested in enforcing any unsatisfied judgment or decree, to determine whether any property, real or personal, claimed to be exempt, is so exempt, and in case it be not exempt, the court shall, by its decree subject it, or so much thereof as may be necessary, to the satisfaction of said judgment or decree and may enjoin the sheriff or other officer from setting apart as exempt property, real or personal, which is not exempt, and may annul all exemptions made and set apart by the sheriff or other officer. HISTORY: S. 3, ch. 3246, 1881; RS 2007; GS 2529; RGS 3884; CGL 5791.

« Title XV. », • Ch. 222. •, « § 222.11. » Fla. Stat. § 222.11

§ 222.11. Exemption of wages from garnishment. (1) As used in this section, the term: (a) “Earnings” includes compensation paid or payable, in money of a sum certain, for personal services or labor whether denominated as wages, salary, commission, or bonus. (b) “Disposable earnings” means that part of the earnings of any head of family remaining after the deduction from those earnings of any amounts required by law to be withheld. (c) “Head of family” includes any natural person who is providing more than one-half of the support for a child or other dependent. (2)(a) All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $750 a week are exempt from attachment or garnishment. (b) Disposable earnings of a head of a family, which are greater than $750 a week, may not be attached or garnished unless such person has agreed otherwise in writing. The agreement to waive the protection provided by this paragraph must: 1. Be written in the same language as the contract or agreement to which the waiver relates; 2. Be contained in a separate document attached to the contract or agreement; and 3. Be in substantially the following form in at least 14-point type: IF YOU PROVIDE MORE THAN ONE-HALF OF THE SUPPORT FOR A CHILD OR OTHER DEPENDENT, ALL OR PART OF YOUR INCOME IS EXEMPT FROM GARNISHMENT UNDER FLORIDA LAW. YOU CAN WAIVE THIS PROTECTION ONLY BY SIGNING THIS DOCUMENT. BY SIGNING BELOW, YOU AGREE TO WAIVE THE PROTECTION FROM GARNISHMENT. (Consumer’s Signature) (Date Signed)

I have fully explained this document to the consumer. (Consumer’s Signature) (Date Signed) The amount attached or garnished may not exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673. (c) Disposable earnings of a person other than a head of family may not be attached or garnished in excess of the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673. (3) Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings. Commingling of earnings with other funds does not by itself defeat the ability of a head of family to trace earnings. HISTORY: S. 1, ch. 2065, 1875; RS 2008; GS 2530; RGS 3885; CGL 5792; s. 1, ch. 81-301; s. 6, ch. 85-272; s. 2, ch. 93-256; s. 1, ch. 2010-97, eff. Oct. 1, 2010.

« Title XV. », • Ch. 222. •, « § 222.12. » Fla. Stat. § 222.12

§ 222.12. Proceedings for exemption. [Repealed] Repealed by s. 3, ch. 2013-233, effective July 1, 2013. HISTORY: S. 2, ch. 2065, 1875; RS 2009; GS 2531; RGS 3886; CGL 5793; s. 1201, ch. 95-147; s. 26, ch. 2000-258.

« Title XV. », • Ch. 222. •, « § 222.13. » Fla. Stat. § 222.13

§ 222.13. Life insurance policies; disposition of proceeds. (1) Whenever any person residing in the state shall die leaving insurance on his or her life, the said insurance shall inure exclusively to the benefit of the person for whose use and benefit such insurance is designated in the policy, and the proceeds thereof shall be exempt from the claims of creditors of the insured unless the insurance policy or a valid assignment thereof provides otherwise. Notwithstanding the foregoing, whenever the insurance, by designation or otherwise, is payable to the insured or to the insured’s estate or to his or her executors, administrators, or assigns, the insurance proceeds shall become a part of the insured’s estate for all purposes and shall be administered by the personal representative of the estate of the insured in accordance with the probate laws of the state in like manner as other assets of the insured’s estate. (2) Payments as herein directed shall, in every such case, discharge the insurer from any further liability under the policy, and the insurer shall in no event be responsible for, or be required to see to, the application of such payments. HISTORY: S. 1, ch. 1864, 1872; RS 2347; s. 1, ch. 4555, 1897; s. 1, ch. 5165, 1903; GS 3154; RGS 4977; CGL 7065; s. 1, ch. 29861, 1955; s. 1, ch. 59-333; s. 1, ch. 63-230; s. 1, ch. 70-376; s. 51, ch. 71-355; s. 1202, ch. 95-147.

« Title XV. », • Ch. 222. •, « § 222.14. » Fla. Stat. § 222.14

§ 222.14. Exemption of cash surrender value of life insurance policies and annuity contracts from legal process. The cash surrender values of life insurance policies issued upon the lives of citizens or residents of the state and the proceeds of annuity contracts issued to citizens or residents of the state, upon whatever form, shall not in any case be liable to attachment, garnishment or legal process in favor of any creditor of the person whose life is so insured or of any creditor of the person who is the beneficiary of such annuity contract, unless the insurance policy or annuity contract was effected for the benefit of such creditor. HISTORY: S. 1, ch. 10154, 1925; CGL 7066; s. 1, ch. 78-76.

« Title XV. », • Ch. 222. •, « § 222.15. » Fla. Stat. § 222.15

§ 222.15. Wages or reemployment assistance or unemployment compensation payments due deceased employee may be paid spouse or certain relatives. (1) It is lawful for any employer, in case of the death of an employee, to pay to the wife or husband, and in case there is no wife or husband, then to the child or children, provided the child or children are over the age of 18 years, and in case there is no child or children, then to the father or mother, any wages or travel expenses that may be due such employee at the time of his or her death. (2) It is also lawful for the Department of Economic Opportunity, in case of death of any unemployed individual, to pay to those persons referred to in subsection (1) any reemployment assistance or unemployment compensation payments that may be due to the individual at the time of his or her death. HISTORY: S. 1, ch. 7366, 1917; RGS 4979; CGL 7068; s. 1, ch. 20407, 1941; s. 1, ch. 63-165; ss. 17, 35, ch. 69-106; s. 1, ch. 73-283; s. 10, ch. 79-7; s. 5, ch. 83174; s. 1203, ch. 95-147; s. 7, ch. 2003-36; s. 96, ch. 2011-142, eff. July 1, 2011; s. 52, ch. 2012-30, eff. July 1, 2012. Editor’s notes. Section 93, ch. 2012-30, provides: “If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of the act are severable.”

« Title XV. », • Ch. 222. •, « § 222.16. » Fla. Stat. § 222.16

§ 222.16. Wages or reemployment assistance or unemployment compensation payments so paid not subject to administration. Any wages, travel expenses, or reemployment assistance or unemployment compensation payments so paid under the authority of s. 222.15 shall not be considered as assets of the estate and subject to administration; provided, however, that the travel expenses so exempted from administration shall not exceed the sum of $300. HISTORY: S. 2, ch. 7366, 1917; RGS 4980; CGL 7069; s. 2, ch. 20407, 1941; s. 2, ch. 63-165; s. 53, ch. 2012-30, eff. July 1, 2012. Editor’s notes. Section 93, ch. 2012-30, provides: “If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of the act are severable.”

« Title XV. », • Ch. 222. •, « § 222.17. » Fla. Stat. § 222.17

§ 222.17. Manifesting and evidencing domicile in Florida. (1) Any person who shall have established a domicile in this state may manifest and evidence the same by filing in the office of the clerk of the circuit court for the county in which the said person shall reside, a sworn statement showing that he or she resides in and maintains a place of abode in that county which he or she recognizes and intends to maintain as his or her permanent home. (2) Any person who shall have established a domicile in the State of Florida, but who shall maintain another place or places of abode in some other state or states, may manifest and evidence his or her domicile in this state by filing in the office of the clerk of the circuit court for the county in which he or she resides, a sworn statement that his or her place of abode in Florida constitutes his or her predominant and principal home, and that he or she intends to continue it permanently as such. (3) Such sworn statement shall contain, in addition to the foregoing, a declaration that the person making the same is, at the time of making such statement, a bona fide resident of the state, and shall set forth therein his or her place of residence within the state, the city, county and state wherein he or she formerly resided, and the place or places, if any, where he or she maintains another or other place or places of abode. (4) Any person who shall have been or who shall be domiciled in a state other than the State of Florida, and who has or who may have a place of abode within the State of Florida, or who has or may do or perform other acts within the State of Florida, which independently of the actual intention of such person respecting his or her domicile might be taken to indicate that such person is or may intend to be or become domiciled in the State of Florida, and if such person desires to maintain or continue his or her domicile in such state other than the State of Florida, the person may manifest and evidence his or her permanent domicile and intention to permanently maintain and continue his or her domicile in such state other than the State of Florida, by filing in the office of the clerk of the circuit court in any county in the State of Florida in which the person may have a

place of abode or in which the person may have done or performed such acts which independently may indicate that he or she is or may intend to be or become domiciled in the State of Florida, a sworn statement that the person’s domicile is in such state other than the State of Florida, as the case may be, naming such state where he or she is domiciled and stating that he or she intends to permanently continue and maintain his or her domicile in such other state so named in said sworn statement. Such sworn statement shall also contain a declaration that the person making the same is at the time of the making of such statement a bona fide resident of such state other than the State of Florida, and shall set forth therein his or her place of abode within the State of Florida, if any. Such sworn statement may contain such other and further facts with reference to any acts done or performed by such person which such person desires or intends not to be construed as evidencing any intention to establish his or her domicile within the State of Florida. (5) The sworn statement permitted by this section shall be signed under oath before an official authorized to take affidavits. Upon the filing of such declaration with the clerk of the circuit court, it shall be the duty of the clerk in whose office such declaration is filed to record the same in a book to be provided for that purpose. For the performance of the duties herein prescribed, the clerk of the circuit court shall collect a service charge for each declaration as provided in s. 28.24. (6) It shall be the duty of the Department of Legal Affairs to prescribe a form for the declaration herein provided for, and to furnish the same to the several clerks of the circuit courts of the state. (7) Nothing herein shall be construed to repeal or abrogate other existing methods of proving and evidencing domicile except as herein specifically provided. HISTORY: SS. 1, 2, 3, 4, 5, 6, ch. 20412, 1941; s. 1, ch. 26896, 1951; ss. 11, 35, ch. 69-106; s. 15, ch. 70-134; s. 1204, ch. 95-147.

« Title XV. », • Ch. 222. •, « § 222.18. » Fla. Stat. § 222.18

§ 222.18. Exempting disability income benefits from legal processes. Disability income benefits under any policy or contract of life, health, accident, or other insurance of whatever form, shall not in any case be liable to attachment, garnishment, or legal process in the state, in favor of any creditor or creditors of the recipient of such disability income benefits, unless such policy or contract of insurance was effected for the benefit of such creditor or creditors. HISTORY: S. 1, ch. 20741, 1941.

« Title XV. », • Ch. 222. •, « § 222.20. » Fla. Stat. § 222.20

§ 222.20. Nonavailability of federal bankruptcy exemptions. In accordance with the provision of s. 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(b)), residents of this state shall not be entitled to the federal exemptions provided in s. 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(d)). Nothing herein shall affect the exemptions given to residents of this state by the State Constitution and the Florida Statutes. HISTORY: S. 1, ch. 79-363.

« Title XV. », • Ch. 222. •, « § 222.201. » Fla. Stat. § 222.201

§ 222.201. Availability of federal bankruptcy exemptions. (1) Notwithstanding s. 222.20, an individual debtor under the federal Bankruptcy Reform Act of 1978 may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d) (10) of s. 522 of that act. (2) The provisions of this section apply to any bankruptcy action that is filed on or after October 1, 1987. HISTORY: S. 2, ch. 87-375.

« Title XV. », • Ch. 222. •, « § 222.21. » Fla. Stat. § 222.21

§ 222.21. Exemption of pension money and certain tax-exempt funds or accounts from legal processes. (1) Money received by any debtor as pensioner of the United States within 3 months next preceding the issuing of an execution, attachment, or garnishment process may not be applied to the payment of the debts of the pensioner when it is made to appear by the affidavit of the debtor or otherwise that the pension money is necessary for the maintenance of the debtor’s support or a family supported wholly or in part by the pension money. The filing of the affidavit by the debtor, or the making of such proof by the debtor, is prima facie evidence; and it is the duty of the court in which the proceeding is pending to release all pension moneys held by such attachment or garnishment process, immediately, upon the filing of such affidavit or the making of such proof. (2)(a) Except as provided in paragraph (d), any money or other assets payable to an owner, a participant, or a beneficiary from, or any interest of any owner, participant, or beneficiary in, a fund or account is exempt from all claims of creditors of the owner, beneficiary, or participant if the fund or account is: 1. Maintained in accordance with a master plan, volume submitter plan, prototype plan, or any other plan or governing instrument that has been preapproved by the Internal Revenue Service as exempt from taxation under s. 401(a), s. 403(a), s. 403(b), s. 408, s. 408A, s. 409, s. 414, s. 457(b), or s. 501(a) of the Internal Revenue Code of 1986, as amended, unless it has been subsequently determined that the plan or governing instrument is not exempt from taxation in a proceeding that has become final and nonappealable; 2. Maintained in accordance with a plan or governing instrument that has been determined by the Internal Revenue Service to be exempt from taxation under s. 401(a), s. 403(a), s. 403(b), s. 408, s. 408A, s. 409, s. 414, s. 457(b), or s. 501(a) of the Internal Revenue Code of 1986, as amended, unless it has been subsequently determined that the plan or governing instrument is not exempt from taxation in a proceeding that has become final and nonappealable; or

3. Not maintained in accordance with a plan or governing instrument described in subparagraph 1. or subparagraph 2. if the person claiming exemption under this paragraph proves by a preponderance of the evidence that the fund or account is maintained in accordance with a plan or governing instrument that: a. Is in substantial compliance with the applicable requirements for tax exemption under s. 401(a), s. 403(a), s. 403(b), s. 408, s. 408A, s. 409, s. 414, s. 457(b), or s. 501(a) of the Internal Revenue Code of 1986, as amended; or b. Would have been in substantial compliance with the applicable requirements for tax exemption under s. 401(a), s. 403(a), s. 403(b), s. 408, s. 408A, s. 409, s. 414, s. 457(b), or s. 501(a) of the Internal Revenue Code of 1986, as amended, but for the negligent or wrongful conduct of a person or persons other than the person who is claiming the exemption under this section. (b) It is not necessary that a fund or account that is described in paragraph (a) be maintained in accordance with a plan or governing instrument that is covered by any part of the Employee Retirement Income Security Act for money or assets payable from or any interest in that fund or account to be exempt from claims of creditors under that paragraph. (c) Any money or other assets or any interest in any fund or account that is exempt from claims of creditors of the owner, beneficiary, or participant under paragraph (a) does not cease to be exempt after the owner’s death by reason of a direct transfer or eligible rollover that is excluded from gross income under the Internal Revenue Code of 1986, including, but not limited to, a direct transfer or eligible rollover to an inherited individual retirement account as defined in s. 408(d)(3) of the Internal Revenue Code of 1986, as amended. An interest in any fund or account awarded or received in a transfer incident to divorce described in s. 408(d)(6) of the Internal Revenue Code of 1986, as amended, is exempt upon the interest being awarded or received and continues to be exempt thereafter. This paragraph is intended to clarify existing law, is remedial in nature, and shall have retroactive application to all inherited individual retirement accounts and to each transfer incident to divorce without regard to the date an account was created or the transfer was made. (d) Any fund or account described in paragraph (a) is not exempt from the

claims of an alternate payee under a qualified domestic relations order or from the claims of a surviving spouse pursuant to an order determining the amount of elective share and contribution as provided in part II of chapter 732. However, the interest of any alternate payee under a qualified domestic relations order is exempt from all claims of any creditor, other than the Department of Revenue, of the alternate payee. As used in this paragraph, the terms “alternate payee” and “qualified domestic relations order” have the meanings ascribed to them in s. 414(p) of the Internal Revenue Code of 1986. (e) This subsection applies to any proceeding that is filed on or after the effective date of this act. HISTORY: S. 1, ch. 87-375; s. 1, ch. 98-159; s. 25, ch. 99-8; s. 5, ch. 2005-82; s. 1, ch. 2005-101; s. 1, ch. 2007-74, eff. July 1, 2007; s. 1, ch. 2011-84, eff. May 31, 2011; s. 1, ch. 2022-167, effective June 3, 2022. Editor’s notes. Sections 401(a), 402(c), 403(a), 403(b), 408, 408A, 409, 414, 457(b), and 501(a) of the Internal Revenue Code of 1986, referred to in this section, are codified as 26 U.S.C.S. §§ 401(a), 402(c), 403(a), 403(b), 408, 408A, 409, 414, 457(b), and 501(a). The introductory language of ch. 2011-84 provided in part: “WHEREAS, many residents of this state have individual retirement accounts, relying upon the Legislature’s intent that individual retirement accounts be exempt from claims of creditors, and WHEREAS, the Legislature clearly intended in s. 222.21(2)(c), Florida Statutes, that inherited individual retirement accounts included in s. 402(c) of the Internal Revenue Code of 1986, as amended, be exempt from claims of creditors of the owner, beneficiary, or participant of the inherited individual retirement account, and WHEREAS, in Robertson v. Deeb, 16 So. 3d 936 (Fla. 2d DCA 2009) the appellate court, contrary to the Legislature’s intent, held that an inherited individual retirement account was not exempt from the beneficiaries’ creditors because such an account was not included in property described in s. 222.21, Florida Statutes, a decision that was followed in the Bankruptcy Court of the Middle District of Florida, In re: Ard, 435 B.R. 719 (Bkrtcy. M.D. Fla. 2010).”

« Title XV. », • Ch. 222. •, « § 222.22. » Fla. Stat. § 222.22

§ 222.22. Exemption of assets in qualified tuition programs, medical savings accounts, Coverdell education savings accounts, and hurricane savings accounts from legal process. (1) Moneys paid into or out of, the assets of, and the income of any validly existing qualified tuition program authorized by s. 529 of the Internal Revenue Code of 1986, as amended, including, but not limited to, the Florida Prepaid College Trust Fund advance payment contracts under s. 1009.98 and Florida Prepaid College Trust Fund participation agreements under s. 1009.981, are not liable to attachment, levy, garnishment, or legal process in the state in favor of any creditor of or claimant against any program participant, purchaser, owner or contributor, or program beneficiary. (2) Moneys paid into or out of, the assets of, and the income of a health savings account or medical savings account authorized under ss. 220 and 223 of the Internal Revenue Code of 1986, as amended, are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any account participant, purchaser, owner or contributor, or account beneficiary. (3) Moneys paid into or out of, the assets of, and the income of any Coverdell education savings account, also known as an educational IRA, established or existing in accordance with s. 530 of the Internal Revenue Code of 1986, as amended, are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any account participant, purchaser, owner or contributor, or account beneficiary. (4)(a) Moneys paid into or out of, the assets of, and the income of any hurricane savings account established by an insurance policyholder for residential property in this state equal to twice the deductible sum of such insurance to cover an insurance deductible or other uninsured portion of the risks of loss from a hurricane, rising flood waters, or other catastrophic windstorm event are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any

account participant, purchaser, owner or contributor, or account beneficiary. (b) As used in this subsection, the term “hurricane savings account” means an account established by the owner of residential real estate in this state, which meets the requirements of homestead exemption under s. 4, Art. X of the State Constitution, who specifies that the purpose of the account is to cover the amount of insurance deductibles and other uninsured portions of risks of loss from hurricanes, rising flood waters, or other catastrophic windstorm events. (c) This subsection shall take effect only when the federal government provides tax-exempt or tax-deferred status to a hurricane savings account, disaster savings account, or other similar account created to cover an insurance deductible or other uninsured portion of the risks of loss from a hurricane, rising flood waters, or other catastrophic windstorm event. (5) Except as provided in s. 1009.986(7), as it relates to any validly existing qualified ABLE program authorized by s. 529A of the Internal Revenue Code, including, but not limited to, the Florida ABLE program participation agreements under s. 1009.986, moneys paid into or out of such a program, and the income and assets of such a program, are not liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor of or claimant against any designated beneficiary or other program participant. HISTORY: S. 2, ch. 88-313; s. 2, ch. 89-296; s. 5, ch. 91-429; s. 2, ch. 98-159; s. 50, ch. 98-421; s. 2, ch. 99-220; s. 926, ch. 2002-387; s. 2, ch. 2005-101; s. 3, ch. 2015-56, effective May 21, 2015. Editor’s notes. Sections 529, 220, 223, and 530 of the Internal Revenue Code of 1986, referred to in this section, are codified as 26 U.S.C.S. §§ 529, 220, 223, and 530, respectively.

« Title XV. », • Ch. 222. •, « § 222.25. » Fla. Stat. § 222.25

§ 222.25. Other individual property of natural persons exempt from legal process. The following property is exempt from attachment, garnishment, or other legal process: (1) A debtor’s interest, not to exceed $1,000 in value, in a single motor vehicle as defined in s. 320.01. (2) A debtor’s interest in any professionally prescribed health aids for the debtor or a dependent of the debtor. (3) A debtor’s interest in a refund or a credit received or to be received, or the traceable deposits in a financial institution of a debtor’s interest in a refund or credit, pursuant to s. 32 of the Internal Revenue Code of 1986, as amended. This exemption does not apply to a debt owed for child support or spousal support. (4) A debtor’s interest in personal property, not to exceed $4,000, if the debtor does not claim or receive the benefits of a homestead exemption under s. 4, Art. X of the State Constitution. This exemption does not apply to a debt owed for child support or spousal support. HISTORY: S. 3, ch. 93-256; s. 1, ch. 2001-129; s. 1, ch. 2007-185, eff. July 1, 2007; s. 43, ch. 2008-4, eff. July 1, 2008. Editor’s notes. Section 32 of the Internal Revenue Code of 1986, referred to in this section, is codified as 26 U.S.C.S. § 32.

« Title XV. », • Ch. 222. •, « § 222.29. » Fla. Stat. § 222.29

§ 222.29. No exemption for fraudulent transfers. An exemption from attachment, garnishment, or legal process provided by this chapter is not effective if it results from a fraudulent transfer or conveyance as provided in chapter 726. HISTORY: S. 4, ch. 93-256.

« Title XV. », • Ch. 222. •, « § 222.30. • Fla. Stat. § 222.30

§ 222.30. Fraudulent asset conversions. (1) As used in this section, “conversion” means every mode, direct or indirect, absolute or conditional, of changing or disposing of an asset, such that the products or proceeds of the asset become immune or exempt by law from claims of creditors of the debtor and the products or proceeds of the asset remain property of the debtor. The definitions of chapter 726 apply to this section unless the application of a definition would be unreasonable. (2) Any conversion by a debtor of an asset that results in the proceeds of the asset becoming exempt by law from the claims of a creditor of the debtor is a fraudulent asset conversion as to the creditor, whether the creditor’s claim to the asset arose before or after the conversion of the asset, if the debtor made the conversion with the intent to hinder, delay, or defraud the creditor. (3) In an action for relief against a fraudulent asset conversion, a creditor may obtain: (a) Avoidance of the fraudulent asset conversion to the extent necessary to satisfy the creditor’s claim. (b) An attachment or other provisional remedy against the asset converted in accordance with applicable law. (c) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure: 1. An injunction against further conversion by the debtor of the asset or of other property. 2. Any other relief the circumstances may require. (4) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset converted or its proceeds. (5) A cause of action with respect to a fraudulent asset conversion is extinguished unless an action is brought within 4 years after the fraudulent

asset conversion was made. (6) If an asset is converted and the converted asset is subsequently transferred to a third party, the provisions of chapter 726 apply to the transfer to the third party. HISTORY: S. 5, ch. 93-256.

« Title XXIX. » Fla. Stat. Title XXIX

TITLE XXIX. PUBLIC HEALTH ________ « Title XXIX. », • Ch. 393. • Fla. Stat. Title XXIX, Ch. 393

CHAPTER 393. DEVELOPMENTAL DISABILITIES « Title XXIX. », • Ch. 393. •, • § 393.063. » Fla. Stat. § 393.063

§ 393.063. Definitions. For the purposes of this chapter, the term: (1) “Adult day training” means training services that take place in a nonresidential setting, separate from the home or facility in which the client resides, and are intended to support the participation of clients in daily, meaningful, and valued routines of the community. Such training may be provided in work-like settings that do not meet the definition of supported employment. (2) “Agency” means the Agency for Persons with Disabilities. (3) “Algorithm” means the mathematical formula used by the agency to calculate budget amounts for clients which uses variables that have statistically validated relationships to clients’ needs for services provided by the home and community-based services Medicaid waiver program. (4) “Allocation methodology” is the process used to determine a client’s iBudget by summing the amount generated by the algorithm, and, if applicable, any funding authorized by the agency for the client pursuant to s. 393.0662(1)(b). (5) “Autism” means a pervasive, neurologically based developmental disability of extended duration which causes severe learning, communication, and behavior disorders with age of onset during infancy or childhood. Individuals with autism exhibit impairment in reciprocal social interaction, impairment in verbal and nonverbal communication and imaginative ability, and a markedly restricted repertoire of activities and interests. (6) “Cerebral palsy” means a group of disabling symptoms of extended duration which results from damage to the developing brain that may occur before, during, or after birth and that results in the loss or impairment of

control over voluntary muscles. For the purposes of this definition, cerebral palsy does not include those symptoms or impairments resulting solely from a stroke. (7) “Client” means any person determined eligible by the agency for services under this chapter. (8) “Client advocate” means a friend or relative of the client, or of the client’s immediate family, who advocates for the best interests of the client in any proceedings under this chapter in which the client or his or her family has the right or duty to participate. (9) “Comprehensive assessment” means the process used to determine eligibility for services under this chapter. (10) “Comprehensive transitional education program” means the program established in s. 393.18. (11) “Developmental disabilities center” means a state-owned and stateoperated facility, formerly known as a “Sunland Center,” providing for the care, habilitation, and rehabilitation of clients with developmental disabilities. (12) “Developmental disability” means a disorder or syndrome that is attributable to intellectual disability, cerebral palsy, autism, spina bifida, Down syndrome, Phelan-McDermid syndrome, or Prader-Willi syndrome; that manifests before the age of 18; and that constitutes a substantial handicap that can reasonably be expected to continue indefinitely. (13) “Direct service provider” means a person 18 years of age or older who has direct face-to-face contact with a client while providing services to the client or has access to a client’s living areas or to a client’s funds or personal property. (14) “Domicile” means the place where a client legally resides and which is his or her permanent home. Domicile may be established as provided in s. 222.17. Domicile may not be established in Florida by a minor who has no parent domiciled in Florida, or by a minor who has no legal guardian domiciled in Florida, or by any alien not classified as a resident alien. (15) “Down syndrome” means a disorder caused by the presence of an

extra chromosome 21. (16) “Express and informed consent” means consent voluntarily given in writing with sufficient knowledge and comprehension of the subject matter to enable the person giving consent to make a knowing decision without any element of force, fraud, deceit, duress, or other form of constraint or coercion. (17) “Family care program” means the program established in s. 393.068. (18) “Foster care facility” means a residential facility licensed under this chapter which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of its residents. The capacity of such a facility may not be more than three residents. (19) “Group home facility” means a residential facility licensed under this chapter which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of its residents. The capacity of such a facility shall be at least 4 but not more than 15 residents. (20) “Guardian” has the same meaning as in s. 744.102. (21) “Guardian advocate” means a person appointed by a written order of the court to represent a person with developmental disabilities under s. 393.12. (22) “Habilitation” means the process by which a client is assisted in acquiring and maintaining those life skills that enable the client to cope more effectively with the demands of his or her condition and environment and to raise the level of his or her physical, mental, and social efficiency. It includes, but is not limited to, programs of formal structured education and treatment. (23) “High-risk child” means, for the purposes of this chapter, a child from 3 to 5 years of age with one or more of the following characteristics: (a) A developmental delay in cognition, language, or physical development. (b) A child surviving a catastrophic infectious or traumatic illness known

to be associated with developmental delay, when funds are specifically appropriated. (c) A child with a parent or guardian with developmental disabilities who requires assistance in meeting the child’s developmental needs. (d) A child who has a physical or genetic anomaly associated with developmental disability. (24) “Intellectual disability” means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior which manifests before the age of 18 and can reasonably be expected to continue indefinitely. For the purposes of this definition, the term: (a) “Adaptive behavior” means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected of his or her age, cultural group, and community. (b) “Significantly subaverage general intellectual functioning” means performance that is two or more standard deviations from the mean score on a standardized intelligence test specified in the rules of the agency. For purposes of the application of the criminal laws and procedural rules of this state to matters relating to pretrial, trial, sentencing, and any matters relating to the imposition and execution of the death penalty, the terms “intellectual disability” or “intellectually disabled” are interchangeable with and have the same meaning as the terms “mental retardation” or “retardation” and “mentally retarded” as defined in this section before July 1, 2013. (25) “Intermediate care facility for the developmentally disabled” means a residential facility licensed and certified under part VIII of chapter 400. (26) “Medical/dental services” means medically necessary services that are provided or ordered for a client by a person licensed under chapter 458, chapter 459, or chapter 466. Such services may include, but are not limited to, prescription drugs, specialized therapies, nursing supervision, hospitalization, dietary services, prosthetic devices, surgery, specialized equipment and supplies, adaptive equipment, and other services as required to prevent or alleviate a medical or dental condition. (27) “Personal care services” means individual assistance with or

supervision of essential activities of daily living for self-care, including ambulation, bathing, dressing, eating, grooming, and toileting, and other similar services that are incidental to the care furnished and essential to the health, safety, and welfare of the client if no one else is available to perform those services. (28) “Phelan-McDermid syndrome” means a disorder caused by the loss of the terminal segment of the long arm of chromosome 22, which occurs near the end of the chromosome at a location designated q13.3, typically leading to developmental delay, intellectual disability, dolicocephaly, hypotonia, or absent or delayed speech. (29) “Prader-Willi syndrome” means an inherited condition typified by neonatal hypotonia with failure to thrive, hyperphagia or an excessive drive to eat which leads to obesity usually at 18 to 36 months of age, mild to moderate intellectual disability, hypogonadism, short stature, mild facial dysmorphism, and a characteristic neurobehavior. (30) “Relative” means an individual who is connected by affinity or consanguinity to the client and who is 18 years of age or older. (31) “Resident” means a person who has a developmental disability and resides at a residential facility, whether or not such person is a client of the agency. (32) “Residential facility” means a facility providing room and board and personal care for persons who have developmental disabilities. (33) “Residential habilitation” means supervision and training with the acquisition, retention, or improvement in skills related to activities of daily living, such as personal hygiene skills, homemaking skills, and the social and adaptive skills necessary to enable the individual to reside in the community. (34) “Residential habilitation center” means a community residential facility licensed under this chapter which provides habilitation services. The capacity of such a facility may not be fewer than nine residents. After October 1, 1989, new residential habilitation centers may not be licensed and the licensed capacity for any existing residential habilitation center may not be increased. (35) “Respite service” means appropriate, short-term, temporary care

that is provided to a person who has a developmental disability in order to meet the planned or emergency needs of the person or the family or other direct service provider. (36) “Restraint” means a physical device, method, or drug used to control dangerous behavior. (a) A physical restraint is any manual method or physical or mechanical device, material, or equipment attached or adjacent to an individual’s body so that he or she cannot easily remove the restraint and which restricts freedom of movement or normal access to one’s body. (b) A drug used as a restraint is a medication used to control the person’s behavior or to restrict his or her freedom of movement and is not a standard treatment for the person’s medical or psychiatric condition. Physically holding a person during a procedure to forcibly administer psychotropic medication is a physical restraint. (c) Restraint does not include physical devices, such as orthopedically prescribed appliances, surgical dressings and bandages, supportive body bands, or other physical holding necessary for routine physical examinations and tests; for purposes of orthopedic, surgical, or other similar medical treatment; to provide support for the achievement of functional body position or proper balance; or to protect a person from falling out of bed. (37) “Seclusion” means the involuntary isolation of a person in a room or area from which the person is prevented from leaving. The prevention may be by physical barrier or by a staff member who is acting in a manner, or who is physically situated, so as to prevent the person from leaving the room or area. For the purposes of this chapter, the term does not mean isolation due to the medical condition or symptoms of the person. (38) “Self-determination” means an individual’s freedom to exercise the same rights as all other citizens, authority to exercise control over funds needed for one’s own support, including prioritizing these funds when necessary, responsibility for the wise use of public funds, and selfadvocacy to speak and advocate for oneself in order to gain independence and ensure that individuals with a developmental disability are treated equally. (39) “Significant additional need” means an additional need for

medically necessary services which would place the health and safety of the client, the client’s caregiver, or the public in serious jeopardy if it is not met. The term does not exclude services for an additional need that the client requires in order to remain in the least restrictive setting, including, but not limited to, employment services and transportation services. The agency may provide additional funding only after the determination of a client’s initial allocation amount and after the qualified organization has documented the availability of nonwaiver resources. (40) “Specialized therapies” means those treatments or activities prescribed by and provided by an appropriately trained, licensed, or certified professional or staff person and may include, but are not limited to, physical therapy, speech therapy, respiratory therapy, occupational therapy, behavior therapy, physical management services, and related specialized equipment and supplies. (41) “Spina bifida” means a medical diagnosis of spina bifida cystica or myelomeningocele. (42) “Support coordinator” means an employee of a qualified organization as provided in s. 393.0663 designated by the agency to assist individuals and families in identifying their capacities, needs, and resources, as well as finding and gaining access to necessary supports and services; coordinating the delivery of supports and services; advocating on behalf of the individual and family; maintaining relevant records; and monitoring and evaluating the delivery of supports and services to determine the extent to which they meet the needs and expectations identified by the individual, family, and others who participated in the development of the support plan. (43) “Supported employment” means employment located or provided in an integrated work setting, with earnings paid on a commensurate wage basis, and for which continued support is needed for job maintenance. (44) “Supported living” means a category of individually determined services designed and coordinated in such a manner as to provide assistance to adult clients who require ongoing supports to live as independently as possible in their own homes, to be integrated into the community, and to participate in community life to the fullest extent possible.

(45) “Training” means a planned approach to assisting a client to attain or maintain his or her maximum potential and includes services ranging from sensory stimulation to instruction in skills for independent living and employment. (46) “Treatment” means the prevention, amelioration, or cure of a client’s physical and mental disabilities or illnesses. HISTORY: S. 1, ch. 77-335; s. 1, ch. 79-148; s. 153, ch. 79-400; s. 3, ch. 81-23; s. 4, ch. 85-54; s. 1, ch. 85-147; s. 5, ch. 87-238; s. 5, ch. 88-398; s. 7, ch. 89-308; ss. 2, 4, ch. 89-339; s. 27, ch. 90-306; s. 1, ch. 90-333; s. 17, ch. 91-158; s. 3, ch. 94-154; s. 1045, ch. 95-148; s. 53, ch. 95-228; s. 1, ch. 95-293; s. 13, ch. 96-417; s. 23, ch. 98-171; s. 140, ch. 98-403; s. 80, ch. 99-8; s. 203, ch. 9913; s. 3, ch. 2000-338; s. 35, ch. 2002-400; s. 7, ch. 2004-260; s. 71, ch. 2004-267; s. 15, ch. 2006-197, eff. July 1, 2006; s. 10, ch. 2006-227, eff. July 1, 2006; s. 2, ch. 2008-244, eff. July 1, 2008; s. 2, ch. 2011-135, eff. July 1, 2011; s. 9, ch. 2013-162, eff. July 1, 2013; s. 1, ch. 2016-140, effective July 1, 2016; s. 6, ch. 2016-3, effective July 1, 2016; s. 38, ch. 2016-62, effective July 1, 2016; ss. 11, 12, ch. 2016-65, eff. July 1, 2016; s. 58, ch. 2019-3, effective July 3, 2019; s. 1, ch. 2020-71, effective July 1, 2021. Editor’s notes. Section 36, ch. 2011-135 provides: “If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.” Section 39, ch. 2016-62, provides: “The amendment made by this act to s. 393.063, Florida Statutes, expires July 1, 2017, and the text of that subsection shall revert to that in existence on June 30, 2016, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section.”

« Title XXIX. », • Ch. 393. •, « § 393.12. • Fla. Stat. § 393.12

§ 393.12. Capacity; appointment of guardian advocate. (1) Capacity. (a) A person with a developmental disability may not be presumed incapacitated solely by reason of his or her acceptance in nonresidential services or admission to residential care and may not be denied the full exercise of all legal rights guaranteed to citizens of this state and of the United States. (b) The determination of incapacity of a person with a developmental disability and the appointment of a guardian must be conducted in a separate proceeding according to the procedures and requirements of chapter 744 and the Florida Probate Rules. (2) Appointment of a guardian advocate. (a) A circuit court may appoint a guardian advocate, without an adjudication of incapacity, for a person with developmental disabilities, if the person lacks the decisionmaking ability to do some, but not all, of the decisionmaking tasks necessary to care for his or her person or property or if the person has voluntarily petitioned for the appointment of a guardian advocate. Except as otherwise specified, the proceeding shall be governed by the Florida Rules of Probate Procedure. (b) A person who is being considered for appointment or is appointed as a guardian advocate need not be represented by an attorney unless required by the court or if the guardian advocate is delegated any rights regarding property other than the right to be the representative payee for government benefits. This paragraph applies only to proceedings relating to the appointment of a guardian advocate and the court’s supervision of a guardian advocate and is not an exercise of the Legislature’s authority pursuant to s. 2(a), Art. V of the State Constitution. (c) If a petition is filed pursuant to this section requesting appointment of a guardian advocate for a minor who is the subject of any proceeding under chapter 39, the court division with jurisdiction over guardianship matters has jurisdiction over the proceedings pursuant to this section when the minor

reaches the age of 17 years and 6 months or anytime thereafter. The minor shall be provided all the due process rights conferred upon an alleged developmentally disabled adult pursuant to this chapter. The order of appointment of a guardian advocate under this section shall issue upon the minor’s 18th birthday or as soon thereafter as possible. Any proceeding pursuant to this paragraph shall be conducted separately from any other proceeding. (3) Petition. A petition to appoint a guardian advocate for a person with a developmental disability may be executed by an adult person who is a resident of this state. The petition must be verified and must: (a) State the name, age, and present address of the petitioner and his or her relationship to the person with a developmental disability; (b) State the name, age, county of residence, and present address of the person with a developmental disability; (c) Allege that the petitioner believes that the person needs a guardian advocate and specify the factual information on which such belief is based; (d) Specify the exact areas in which the person lacks the decisionmaking ability to make informed decisions about his or her care and treatment services or to meet the essential requirements for his or her physical health or safety; (e) Specify the legal disabilities to which the person is subject; and (f) State the name of the proposed guardian advocate, the relationship of that person to the person with a developmental disability; the relationship that the proposed guardian advocate had or has with a provider of health care services, residential services, or other services to the person with a developmental disability; and the reason why this person should be appointed. If a willing and qualified guardian advocate cannot be located, the petition shall so state. (4) Notice. (a) Notice of the filing of the petition must be given to the person with a developmental disability, verbally and in writing in the language of the person and in English. Notice must also be given to the next of kin of the person with a developmental disability as defined in chapter 744, a health

care surrogate designated pursuant to an advance directive under chapter 765, an agent under a durable power of attorney, and such other persons as the court may direct. A copy of the petition to appoint a guardian advocate must be served with the notice. (b) The notice must state that a hearing will be held to inquire into the capacity of the person with a developmental disability to exercise the rights enumerated in the petition. The notice must also state the date of the hearing on the petition. (c) The notice shall state that the person with a developmental disability has the right to be represented by counsel of his or her own choice and the court shall initially appoint counsel. (5) Counsel. Within 3 days after a petition has been filed, the court shall appoint an attorney to represent a person with a developmental disability who is the subject of a petition to appoint a guardian advocate. The person with a developmental disability may substitute his or her own attorney for the attorney appointed by the court. (a) The court shall initially appoint a private attorney who shall be selected from the attorney registry compiled pursuant to s. 27.40. Such attorney must have completed a minimum of 8 hours of education in guardianship. The court may waive this requirement for an attorney who has served as a courtappointed attorney in guardian advocate proceedings or as an attorney of record for guardian advocates for at least 3 years. This education requirement does not apply to a court-appointed attorney who is employed by an office of criminal conflict and civil regional counsel. (b) An attorney representing a person with a developmental disability may not also serve as the guardian advocate of the person, as counsel for the guardian advocate, or as counsel for the person petitioning for the appointment of a guardian advocate. (6) Hearing. (a) Upon the filing of the petition to appoint a guardian advocate, the court shall set a date for holding a hearing on the petition. The hearing must be held as soon as practicable after the petition is filed, but reasonable delay for the purpose of investigation, discovery, or procuring counsel or witnesses may be granted.

(b) The hearing must be held at the time and place specified in the notice of hearing and must be conducted in a manner consistent with due process. (c) The person with a developmental disability has the right to be present at the hearing and shall be present unless good cause to exclude the individual can be shown. The person has the right to remain silent, to present evidence, to call and cross-examine witnesses, and to have the hearing open or closed, as the person may choose. (d) At the hearing, the court shall receive and consider all reports relevant to the person’s disability, including, but not limited to, the person’s current individual family or individual support plan, the individual education plan, and other professional reports documenting the condition and needs of the person. (e) The Florida Evidence Code, chapter 90, applies at the hearing. The burden of proof must be by clear and convincing evidence. (7) Advance directives for health care and durable power of attorney. In each proceeding in which a guardian advocate is appointed under this section, the court shall determine whether the person with a developmental disability has executed any valid advance directive under chapter 765 or a durable power of attorney under chapter 709. (a) If the person with a developmental disability has executed an advance directive or durable power of attorney, the court must consider and find whether the documents will sufficiently address the needs of the person with a developmental disability for whom the guardian advocate is sought. A guardian advocate may not be appointed if the court finds that the advance directive or durable power of attorney provides an alternative to the appointment of a guardian advocate which will sufficiently address the needs of the person with a developmental disability. (b) If an interested person seeks to contest an advance directive or durable power of attorney executed by a person with a developmental disability, the interested person shall file a verified statement. The verified statement shall include the factual basis for the belief that the advance directive or durable power of attorney is invalid or does not sufficiently address the needs of the person for whom a guardian advocate is sought or that the person with authority under the advance directive or durable power of attorney is abusing

his or her power. (c) If an advance directive exists, the court shall specify in its order and letters of guardian advocacy what authority, if any, the guardian advocate shall exercise over the person’s health care surrogate. Pursuant to the grounds listed in s. 765.105, the court, upon its own motion, may, with notice to the health care surrogate and any other appropriate parties, modify or revoke the authority of the health care surrogate to make health care decisions for the person with a developmental disability. For purposes of this section, the term “health care decision” has the same meaning as in s. 765.101. (d) If any durable power of attorney exists, the court shall specify in its order and letters of guardian advocacy what powers of the agent, if any, are suspended and granted to the guardian advocate. The court, however, may not suspend any powers of the agent unless the court determines the durable power of attorney is invalid or there is an abuse by the agent of the powers granted. (8) Court order. If the court finds the person with a developmental disability requires the appointment of a guardian advocate, the court shall enter a written order appointing the guardian advocate and containing the findings of facts and conclusions of law on which the court made its decision, including: (a) The nature and scope of the person’s lack of decisionmaking ability; (b) The exact areas in which the individual lacks decisionmaking ability to make informed decisions about care and treatment services or to meet the essential requirements for his or her physical health and safety; (c) The specific legal disabilities to which the person with a developmental disability is subject; (d) The name of the person selected as guardian advocate and the reasons for the court’s selection; and (e) The powers, duties, and responsibilities of the guardian advocate, including bonding of the guardian advocate, as provided in s. 744.351. (9) Legal rights. A person with a developmental disability for whom a guardian advocate has been appointed retains all legal rights except those that have been specifically granted to the guardian advocate.

(10) Powers and duties of guardian advocate. A guardian advocate for a person with a developmental disability shall be a person or corporation qualified to act as guardian, with the same powers, duties, and responsibilities required of a guardian under chapter 744 or those defined by court order under this section. However, a guardian advocate may not be required to file an annual accounting under s. 744.3678 if the court determines that the person with a developmental disability receives income only from Social Security benefits and the guardian advocate is the person’s representative payee for the benefits. (11) Court costs. In all proceedings under this section, court costs may not be charged against the agency. (12) Suggestion of restoration of rights. Any interested person, including the person with a developmental disability, may file a suggestion of restoration of rights with the court in which the guardian advocacy is pending. The suggestion must state that the person with a developmental disability is currently capable of exercising some or all of the rights that were delegated to the guardian advocate and provide evidentiary support for the filing of the suggestion. Evidentiary support includes, but is not limited to, a signed statement from a medical, psychological, or psychiatric practitioner by whom the person with a developmental disability was evaluated and which supports the suggestion for the restoration. If the petitioner is unable to provide evidentiary support due to the lack of access to such information or reports, the petitioner may state a good faith basis for the suggestion for the restoration of rights without attaching evidentiary support. The court shall immediately set a hearing if no evidentiary support is attached to inquire of the petitioner and guardian advocate as to the reason and enter such orders as are appropriate to secure the required documents. The person with a disability and the person’s attorney shall be provided notice of the hearing. (a) Within 3 days after the filing of the suggestion, counsel shall be appointed for the person with a developmental disability as set forth in subsection (5). (b) The clerk of the court shall immediately send notice of the filing of the suggestion to the person with a developmental disability, the guardian advocate, the attorney for the person with a developmental disability, the

attorney for the guardian advocate, if any, and any other interested person designated by the court. Formal notice shall be served on the guardian advocate. Informal notice may be served on other persons. Notice need not be served on the person who filed the suggestion. (c) Any objections to the suggestion must be filed within 20 days after service of the notice. If an objection is timely filed, or if the evidentiary support suggests that restoration of rights is not appropriate, the court shall set the matter for hearing. The hearing shall be conducted as set forth in s. 744.1095. The court, at the hearing, shall consider all reports and testimony relevant to the person’s decisionmaking abilities at the hearing, including, but not limited to, the person’s current individual family plan or individual support plan, the individual education plan, and other professional reports that document the condition and needs of the person. (d) Notice of the hearing and copies of the objections shall be served upon the person with a developmental disability, the attorney for the person with a developmental disability, the guardian advocate, the attorney for the guardian advocate, the next of kin of the person with a developmental disability, and any other interested person as directed by the court. (e) If no objections are filed and the court is satisfied with the evidentiary support for restoration, the court shall enter an order of restoration of rights which were delegated to a guardian advocate and which the person with a developmental disability may now exercise. (f) At the conclusion of a hearing, the court shall enter an order denying the suggestion or restoring all or some of the rights that were delegated to the guardian advocate. If only some rights are restored to the person with a developmental disability, the court shall enter amended letters of guardian advocacy. (g) If only some rights are restored to the person with a developmental disability, the order must state which rights are restored and amended letters of guardian advocacy shall be issued by the court. The guardian advocate shall amend the current plan as required under chapter 744 if personal rights are restored to the person with a developmental disability. The guardian advocate shall file a final accounting as required under chapter 744 if all property rights are restored to the person with a developmental disability. The guardian advocate must file the amended plan or final accounting within 60

days after the order restoring rights and amended letters of guardian advocacy are issued. A copy of the reports shall be served upon the person with a developmental disability and the attorney for the person with a developmental disability. HISTORY: S. 1, ch. 29853, 1955; s. 1, ch. 61-426; s. 26, ch. 63-559; s. 1, ch. 70-343; s. 5, ch. 73-308; s. 25, ch. 73-334; s. 4, ch. 77-335; s. 2, ch. 80-171; s. 10, ch. 88-398; s. 109, ch. 89-96; s. 15, ch. 94-154; s. 96, ch. 95-143; s. 1049, ch. 95148; s. 8, ch. 2004-260; s. 108, ch. 2004-267; s. 1, ch. 2008-124, eff. July 1, 2008; s. 4, ch. 2015-112, effective July 1, 2015; s. 9, ch. 2022-195, effective July 1, 2022. Editor’s Notes. Section 1, ch. 2015-112, provides: “This act may be cited as ‘The Regis Little Act to Protect Children with Special Needs.’ ”

« Title XXX. » Fla. Stat. Title XXX

TITLE XXX. SOCIAL WELFARE. ________ « Title XXX. », • Ch. 409. • Fla. Stat. Title XXX, Ch. 409

CHAPTER 409. SOCIAL AND ECONOMIC ASSISTANCE. « Title XXX. », • Ch. 409. •, • Pt. III. • Fla. Stat. Title XXX, Ch. 409, Pt. III

PART III. Medicaid. « Title XXX. », • Ch. 409. •, • Pt. III. •, • § 409.910. » Fla. Stat. § 409.910

§ 409.910. Responsibility for payments on behalf of Medicaid-eligible persons when other parties are liable. (1) It is the intent of the Legislature that Medicaid be the payor of last resort for medically necessary goods and services furnished to Medicaid recipients. All other sources of payment for medical care are primary to medical assistance provided by Medicaid. If benefits of a liable third party are discovered or become available after medical assistance has been provided by Medicaid, it is the intent of the Legislature that Medicaid be repaid in full and prior to any other person, program, or entity. Medicaid is to be repaid in full from, and to the extent of, any third-party benefits, regardless of whether a recipient is made whole or other creditors paid. Principles of common law and equity as to assignment, lien, and subrogation are abrogated to the extent necessary to ensure full recovery by Medicaid from third-party resources. It is intended that if the resources of a liable third party become available at any time, the public treasury should not bear the burden of medical assistance to the extent of such resources. (2) This section may be cited as the “Medicaid Third-Party Liability Act.” (3) Third-party benefits for medical services shall be primary to medical assistance provided by Medicaid. (4) After the agency has provided medical assistance under the Medicaid program, it shall seek reimbursement from third-party benefits to the limit of legal liability and for the full amount of third-party benefits, but not in excess of the amount of medical assistance paid by Medicaid, as to: (a) Claims for which the agency has a waiver pursuant to federal law; or (b) Situations in which the agency learns of the existence of a liable third party or in which third-party benefits are discovered or become available

after medical assistance has been provided by Medicaid. (5) An applicant, recipient, or legal representative shall inform the agency of any rights the applicant or recipient has to third-party benefits and shall inform the agency of the name and address of any person that is or may be liable to provide third-party benefits. When the agency provides, pays for, or becomes liable for medical services provided by a hospital, the recipient receiving such medical services or his or her legal representative shall also provide the information as to third-party benefits, as defined in this section, to the hospital, which shall provide notice thereof to the agency in a manner specified by the agency. (6) When the agency provides, pays for, or becomes liable for medical care under the Medicaid program, it has the following rights, as to which the agency may assert independent principles of law, which shall nevertheless be construed together to provide the greatest recovery from third-party benefits: (a) The agency is automatically subrogated to any rights that an applicant, recipient, or legal representative has to any third-party benefit for the full amount of medical assistance provided by Medicaid. Recovery pursuant to the subrogation rights created hereby shall not be reduced, prorated, or applied to only a portion of a judgment, award, or settlement, but is to provide full recovery by the agency from any and all third-party benefits. Equities of a recipient, his or her legal representative, a recipient’s creditors, or health care providers shall not defeat, reduce, or prorate recovery by the agency as to its subrogation rights granted under this paragraph. (b) By applying for or accepting medical assistance, an applicant, recipient, or legal representative automatically assigns to the agency any right, title, and interest such person has to any third-party benefit, excluding any Medicare benefit to the extent required to be excluded by federal law. 1. The assignment granted under this paragraph is absolute, and vests legal and equitable title to any such right in the agency, but not in excess of the amount of medical assistance provided by the agency. 2. The agency is a bona fide assignee for value in the assigned right, title, or interest, and takes vested legal and equitable title free and clear of latent equities in a third person. Equities of a recipient, the recipient’s legal

representative, his or her creditors, or health care providers shall not defeat or reduce recovery by the agency as to the assignment granted under this paragraph. 3. By accepting medical assistance, the recipient grants to the agency the limited power of attorney to act in his or her name, place, and stead to perform specific acts with regard to third-party benefits, the recipient’s assent being deemed to have been given, including: a. Endorsing any draft, check, money order, or other negotiable instrument representing third-party benefits that are received on behalf of the recipient as a third-party benefit. b. Compromising claims to the extent of the rights assigned, provided that the recipient is not otherwise represented by an attorney as to the claim. (c) The agency is entitled to, and has, an automatic lien for the full amount of medical assistance provided by Medicaid to or on behalf of the recipient for medical care furnished as a result of any covered injury or illness for which a third party is or may be liable, upon the collateral, as defined in s. 409.901. 1. The lien attaches automatically when a recipient first receives treatment for which the agency may be obligated to provide medical assistance under the Medicaid program. The lien is perfected automatically at the time of attachment. 2. The agency is authorized to file a verified claim of lien. The claim of lien shall be signed by an authorized employee of the agency, and shall be verified as to the employee’s knowledge and belief. The claim of lien may be filed and recorded with the clerk of the circuit court in the recipient’s last known county of residence or in any county deemed appropriate by the agency. The claim of lien, to the extent known by the agency, shall contain: a. The name and last known address of the person to whom medical care was furnished. b. The date of injury. c. The period for which medical assistance was provided. d. The amount of medical assistance provided or paid, or for which Medicaid is otherwise liable.

e. The names and addresses of all persons claimed by the recipient to be liable for the covered injuries or illness. 3. The filing of the claim of lien pursuant to this section shall be notice thereof to all persons. 4. If the claim of lien is filed within 3 years after the later of the date when the last item of medical care relative to a specific covered injury or illness was paid, or the date of discovery by the agency of the liability of any third party, or the date of discovery of a cause of action against a third party brought by a recipient or his or her legal representative, record notice shall relate back to the time of attachment of the lien. 5. If the claim of lien is filed after 3 years after the later of the events specified in subparagraph 4., notice shall be effective as of the date of filing. 6. Only one claim of lien need be filed to provide notice as set forth in this paragraph and shall provide sufficient notice as to any additional or after-paid amount of medical assistance provided by Medicaid for any specific covered injury or illness. The agency may, in its discretion, file additional, amended, or substitute claims of lien at any time after the initial filing, until the agency has been repaid the full amount of medical assistance provided by Medicaid or otherwise has released the liable parties and recipient. 7. No release or satisfaction of any cause of action, suit, claim, counterclaim, demand, judgment, settlement, or settlement agreement shall be valid or effectual as against a lien created under this paragraph, unless the agency joins in the release or satisfaction or executes a release of the lien. An acceptance of a release or satisfaction of any cause of action, suit, claim, counterclaim, demand, or judgment and any settlement of any of the foregoing in the absence of a release or satisfaction of a lien created under this paragraph shall prima facie constitute an impairment of the lien, and the agency is entitled to recover damages on account of such impairment. In an action on account of impairment of a lien, the agency may recover from the person accepting the release or satisfaction or making the settlement the full amount of medical assistance provided by Medicaid. Nothing in this section shall be construed as creating a lien or other obligation on the part of an insurer which in good faith has paid a claim pursuant to its contract without knowledge or actual notice that the agency has provided medical assistance for the recipient related to a particular covered injury or illness. However,

notice or knowledge that an insured is, or has been a Medicaid recipient within 1 year from the date of service for which a claim is being paid creates a duty to inquire on the part of the insurer as to any injury or illness for which the insurer intends or is otherwise required to pay benefits. 8. The lack of a properly filed claim of lien shall not affect the agency’s assignment or subrogation rights provided in this subsection, nor shall it affect the existence of the lien, but only the effective date of notice as provided in subparagraph 5. 9. The lien created by this paragraph is a first lien and superior to the liens and charges of any provider, and shall exist for a period of 7 years, if recorded, after the date of recording; and shall exist for a period of 7 years after the date of attachment, if not recorded. If recorded, the lien may be extended for one additional period of 7 years by rerecording the claim of lien within the 90-day period preceding the expiration of the lien. 10. The clerk of the circuit court for each county in the state shall endorse on a claim of lien filed under this paragraph the date and hour of filing and shall record the claim of lien in the official records of the county as for other records received for filing. The clerk shall receive as his or her fee for filing and recording any claim of lien or release of lien under this paragraph the total sum of $2. Any fee required to be paid by the agency shall not be required to be paid in advance of filing and recording, but may be billed to the agency after filing and recording of the claim of lien or release of lien. 11. After satisfaction of any lien recorded under this paragraph, the agency shall, within 60 days after satisfaction, either file with the appropriate clerk of the circuit court or mail to any appropriate party, or counsel representing such party, if represented, a satisfaction of lien in a form acceptable for filing in Florida. (7) The agency shall recover the full amount of all medical assistance provided by Medicaid on behalf of the recipient to the full extent of thirdparty benefits. (a) Recovery of such benefits shall be collected directly from: 1. Any third party; 2. The recipient or legal representative, if he or she has received third-party benefits;

3. The provider of a recipient’s medical services if third-party benefits have been recovered by the provider; notwithstanding any provision of this section, to the contrary, however, no provider shall be required to refund or pay to the agency any amount in excess of the actual third-party benefits received by the provider from a third-party payor for medical services provided to the recipient; or 4. Any person who has received the third-party benefits. (b) Upon receipt of any recovery or other collection pursuant to this section, the agency shall distribute the amount collected as follows: 1. To itself, an amount equal to the state Medicaid expenditures for the recipient plus any incentive payment made in accordance with paragraph (14) (a). 2. To the Federal Government, the federal share of the state Medicaid expenditures minus any incentive payment made in accordance with paragraph (14)(a) and federal law, and minus any other amount permitted by federal law to be deducted. 3. To the recipient, after deducting any known amounts owed to the agency for any related medical assistance or to health care providers, any remaining amount. This amount shall be treated as income or resources in determining eligibility for Medicaid. The provisions of this subsection do not apply to any proceeds received by the state, or any agency thereof, pursuant to a final order, judgment, or settlement agreement, in any matter in which the state asserts claims brought on its own behalf, and not as a subrogee of a recipient, or under other theories of liability. The provisions of this subsection do not apply to any proceeds received by the state, or an agency thereof, pursuant to a final order, judgment, or settlement agreement, in any matter in which the state asserted both claims as a subrogee and additional claims, except as to those sums specifically identified in the final order, judgment, or settlement agreement as reimbursements to the recipient as expenditures for the named recipient on the subrogation claim. (8) The agency shall require an applicant or recipient, or the legal representative thereof, to cooperate in the recovery by the agency of thirdparty benefits of a recipient and in establishing paternity and support of a

recipient child born out of wedlock. As a minimal standard of cooperation, the recipient or person able to legally assign a recipient’s rights shall: (a) Appear at an office designated by the agency to provide relevant information or evidence. (b) Appear as a witness at a court or other proceeding. (c) Provide information, or attest to lack of information, under penalty of perjury. (d) Pay to the agency any third-party benefit received. (e) Take any additional steps to assist in establishing paternity or securing third-party benefits, or both. (f) Paragraphs (a)-(e) notwithstanding, the agency shall have the discretion to waive, in writing, the requirement of cooperation for good cause shown and as required by federal law. (9) The department shall deny or terminate eligibility for any applicant or recipient who refuses to cooperate as required in subsection (8), unless cooperation has been waived in writing by the department as provided in paragraph (8)(f). However, any denial or termination of eligibility shall not reduce medical assistance otherwise payable by the department to a provider for medical care provided to a recipient prior to denial or termination of eligibility. (10) An applicant or recipient shall be deemed to have provided to the agency the authority to obtain and release medical information and other records with respect to such medical care, for the sole purpose of obtaining reimbursement for medical assistance provided by Medicaid. (11) The agency may, as a matter of right, in order to enforce its rights under this section, institute, intervene in, or join any legal or administrative proceeding in its own name in one or more of the following capacities: individually, as subrogee of the recipient, as assignee of the recipient, or as lienholder of the collateral. (a) If either the recipient, or his or her legal representative, or the agency brings an action against a third party, the recipient, or the recipient’s legal representative, or the agency, or their attorneys, shall, within 30 days after filing the action, provide to the other written notice, by personal delivery or

registered mail, of the action, the name of the court in which the case is brought, the case number of such action, and a copy of the pleadings. If an action is brought by either the agency, or the recipient or the recipient’s legal representative, the other may, at any time before trial on the merits, become a party to, or shall consolidate his or her action with the other if brought independently. Unless waived by the other, the recipient, or his or her legal representative, or the agency shall provide notice to the other of the intent to dismiss at least 21 days prior to voluntary dismissal of an action against a third party. Notice to the agency shall be sent to an address set forth by rule. Notice to the recipient or his or her legal representative, if represented by an attorney, shall be sent to the attorney, and, if not represented, then to the last known address of the recipient or his or her legal representative. (b) An action by the agency to recover damages in tort under this subsection, which action is derivative of the rights of the recipient or his or her legal representative, shall not constitute a waiver of sovereign immunity pursuant to s. 768.14. (c) In the event of judgment, award, or settlement in a claim or action against a third party, the court shall order the segregation of an amount sufficient to repay the agency’s expenditures for medical assistance, plus any other amounts permitted under this section, and shall order such amounts paid directly to the agency. (d) No judgment, award, or settlement in any action by a recipient or his or her legal representative to recover damages for injuries or other third-party benefits, when the agency has an interest, shall be satisfied without first giving the agency notice and a reasonable opportunity to file and satisfy its lien, and satisfy its assignment and subrogation rights or proceed with any action as permitted in this section. (e) Except as otherwise provided in this section, notwithstanding any other provision of law, the entire amount of any settlement of the recipient’s action or claim involving third-party benefits, with or without suit, is subject to the agency’s claims for reimbursement of the amount of medical assistance provided and any lien pursuant thereto. (f) Notwithstanding any provision in this section to the contrary, in the event of an action in tort against a third party in which the recipient or his or her legal representative is a party which results in a judgment, award, or

settlement from a third party, the amount recovered shall be distributed as follows: 1. After attorney’s fees and taxable costs as defined by the Florida Rules of Civil Procedure, one-half of the remaining recovery shall be paid to the agency up to the total amount of medical assistance provided by Medicaid. 2. The remaining amount of the recovery shall be paid to the recipient. 3. For purposes of calculating the agency’s recovery of medical assistance benefits paid, the fee for services of an attorney retained by the recipient or his or her legal representative shall be calculated at 25 percent of the judgment, award, or settlement. 4. Notwithstanding any provision of this section to the contrary, the agency shall be entitled to all medical coverage benefits up to the total amount of medical assistance provided by Medicaid. For purposes of this paragraph, “medical coverage” means any benefits under health insurance, a health maintenance organization, a preferred provider arrangement, or a prepaid health clinic, and the portion of benefits designated for medical payments under coverage for workers’ compensation, personal injury protection, and casualty. (g) In the event that the recipient, his or her legal representative, or the recipient’s estate brings an action against a third party, notice of institution of legal proceedings, notice of settlement, and all other notices required by this section or by rule shall be given to the agency, in Tallahassee, in a manner set forth by rule. All such notices shall be given by the attorney retained to assert the recipient’s or legal representative’s claim, or, if no attorney is retained, by the recipient, the recipient’s legal representative, or his or her estate. (h) Except as otherwise provided in this section, actions to enforce the rights of the agency under this section shall be commenced within 6 years after the date a cause of action accrues, with the period running from the later of the date of discovery by the agency of a case filed by a recipient or his or her legal representative, or of discovery of any judgment, award, or settlement contemplated in this section, or of discovery of facts giving rise to a cause of action under this section. Nothing in this paragraph affects or prevents a proceeding to enforce a lien during the existence of the lien as set forth in subparagraph (6)(c)9.

(i) Upon the death of a recipient, and within the time prescribed by ss. 733.702 and 733.710, the agency, in addition to any other available remedy, may file a claim against the estate of the recipient for the total amount of medical assistance provided by Medicaid for the benefit of the recipient. Claims so filed shall take priority as class 3 claims as provided by s. 733.707(1)(c). The filing of a claim pursuant to this paragraph shall neither reduce nor diminish the general claims of the agency under s. 414.28, except that the agency may not receive double recovery for the same expenditure. Claims under this paragraph shall be superior to those under s. 414.28. The death of the recipient shall neither extinguish nor diminish any right of the agency to recover third-party benefits from a third party or provider. Nothing in this paragraph affects or prevents a proceeding to enforce a lien created pursuant to this section or a proceeding to set aside a fraudulent conveyance as defined in subsection (16). (12) No action taken by the agency shall operate to deny the recipient’s recovery of that portion of benefits not assigned or subrogated to the agency, or not secured by the agency’s lien. The agency’s rights of recovery created by this section, however, shall not be limited to some portion of recovery from a judgment, award, or settlement. Only the following benefits are not subject to the rights of the agency: benefits not related in any way to a covered injury or illness; proceeds of life insurance coverage on the recipient; proceeds of insurance coverage, such as coverage for property damage, which by its terms and provisions cannot be construed to cover personal injury, death, or a covered injury or illness; proceeds of disability coverage for lost income; and recovery in excess of the amount of medical benefits provided by Medicaid after repayment in full to the agency. (13) No action of the recipient shall prejudice the rights of the agency under this section. No settlement, agreement, consent decree, trust agreement, annuity contract, pledge, security arrangement, or any other device, hereafter collectively referred to in this subsection as a “settlement agreement,” entered into or consented to by the recipient or his or her legal representative shall impair the agency’s rights. However, in a structured settlement, no settlement agreement by the parties shall be effective or binding against the agency for benefits accrued without the express written

consent of the agency or an appropriate order of a court having personal jurisdiction over the agency. (14) The agency is authorized to enter into agreements to enforce or collect medical support and other third-party benefits. (a) If a cooperative agreement is entered into with any agency, program, or subdivision of the state, or any agency, program, or legal entity of or operated by a subdivision of the state, or with any other state, the agency is authorized to make an incentive payment of up to 15 percent of the amount actually collected and reimbursed to the agency, to the extent of medical assistance paid by Medicaid. Such incentive payment is to be deducted from the federal share of that amount, to the extent authorized by federal law. The agency may pay such person an additional percentage of the amount actually collected and reimbursed to the agency as a result of the efforts of the person, but no more than a maximum percentage established by the agency. In no case shall the percentage exceed the lesser of a percentage determined to be commercially reasonable or 15 percent, in addition to the 15-percent incentive payment, of the amount actually collected and reimbursed to the agency as a result of the efforts of the person under contract. (b) If an agreement to enforce or collect third-party benefits is entered into by the agency with any person other than those described in paragraph (a), including any attorney retained by the agency who is not an employee or agent of any person named in paragraph (a), then the agency may pay such person a percentage of the amount actually collected and reimbursed to the agency as a result of the efforts of the person, to the extent of medical assistance paid by Medicaid. In no case shall the percentage exceed a maximum established by the agency, which shall not exceed the lesser of a percentage determined to be commercially reasonable or 30 percent of the amount actually collected and reimbursed to the agency as a result of the efforts of the person under contract. (c) An agreement pursuant to this subsection may permit reasonable litigation costs or expenses to be paid from the agency’s recovery to a person under contract with the agency. (d) Contingency fees and costs incurred in recovery pursuant to an agreement under this subsection may, for purposes of determining state and federal share, be deemed to be administrative expenses of the state. To the

extent permitted by federal law, such administrative expenses shall be shared with, or fully paid by, the Federal Government. (15) Insurance and other third-party benefits may not contain any term or provision which purports to limit or exclude payment or provisions of benefits for an individual if the individual is eligible for, or a recipient of, medical assistance from Medicaid, and any such term or provision shall be void as against public policy. (16) Any transfer or encumbrance of any right, title, or interest to which the agency has a right pursuant to this section, with the intent, likelihood, or practical effect of defeating, hindering, or reducing reimbursement to the agency for medical assistance provided by Medicaid, shall be deemed to be a fraudulent conveyance, and such transfer or encumbrance shall be void and of no effect against the claim of the agency, unless the transfer was for adequate consideration and the proceeds of the transfer are reimbursed in full to the agency, but not in excess of the amount of medical assistance provided by Medicaid. (17)(a) A recipient or his or her legal representative or any person representing, or acting as agent for, a recipient or the recipient’s legal representative, who has notice, excluding notice charged solely by reason of the recording of the lien pursuant to paragraph (6)(c), or who has actual knowledge of the agency’s rights to third-party benefits under this section, who receives any third-party benefit or proceeds for a covered illness or injury, must, within 60 days after receipt of settlement proceeds, pay the agency the full amount of the third-party benefits, but not more than the total medical assistance provided by Medicaid, or place the full amount of the third-party benefits in an interest-bearing trust account for the benefit of the agency pending an administrative determination of the agency’s right to the benefits under this subsection. Proof that such person had notice or knowledge that the recipient had received medical assistance from Medicaid, and that third-party benefits or proceeds were in any way related to a covered illness or injury for which Medicaid had provided medical assistance, and that such person knowingly obtained possession or control of, or used, third-party benefits or proceeds and failed to pay the agency the full amount required by this section or to hold the full amount of third-party benefits or proceeds in an interest-bearing trust account pending an administrative determination, unless adequately explained,

gives rise to an inference that such person knowingly failed to credit the state or its agent for payments received from social security, insurance, or other sources, pursuant to s. 414.39(4)(b), and acted with the intent set forth in s. 812.014(1). (b) If federal law limits the agency to reimbursement from the recovered medical expense damages, a recipient, or his or her legal representative, may contest the amount designated as recovered medical expense damages payable to the agency pursuant to the formula specified in paragraph (11)(f) by filing a petition under chapter 120 within 21 days after the date of payment of funds to the agency or after the date of placing the full amount of the third-party benefits in the trust account for the benefit of the agency pursuant to paragraph (a). The petition shall be filed with the Division of Administrative Hearings. For purposes of chapter 120, the payment of funds to the agency or the placement of the full amount of the third-party benefits in the trust account for the benefit of the agency constitutes final agency action and notice thereof. Final order authority for the proceedings specified in this subsection rests with the Division of Administrative Hearings. This procedure is the exclusive method for challenging the amount of third-party benefits payable to the agency. In order to successfully challenge the amount designated as recovered medical expenses, the recipient must prove, by clear and convincing evidence, that the portion of the total recovery which should be allocated as past and future medical expenses is less than the amount calculated by the agency pursuant to the formula set forth in paragraph (11) (f). Alternatively, the recipient must prove by clear and convincing evidence that Medicaid provided a lesser amount of medical assistance than that asserted by the agency. (c) The agency’s provider processing system reports are admissible as prima facie evidence in substantiating the agency’s claim. (d) Venue for all administrative proceedings pursuant to this subsection lies in Leon County, at the discretion of the agency. Venue for all appellate proceedings arising from the administrative proceeding outlined in this subsection lies at the First District Court of Appeal in Leon County, at the discretion of the agency. (e) Each party shall bear its own attorney fees and costs for any administrative proceeding conducted pursuant to paragraphs (b)-(e).

(f) In cases of suspected criminal violations or fraudulent activity, the agency may take any civil action permitted at law or equity to recover the greatest possible amount, including, without limitation, treble damages under ss. 772.11 and 812.035(7). (g) The agency may investigate and request appropriate officers or agencies of the state to investigate suspected criminal violations or fraudulent activity related to third-party benefits, including, without limitation, ss. 414.39 and 812.014. Such requests may be directed, without limitation, to the Medicaid Fraud Control Unit of the Office of the Attorney General or to any state attorney. Pursuant to s. 409.913, the Attorney General has primary responsibility to investigate and control Medicaid fraud. (h) In carrying out duties and responsibilities related to Medicaid fraud control, the agency may subpoena witnesses or materials within or outside the state and, through any duly designated employee, administer oaths and affirmations and collect evidence for possible use in either civil or criminal judicial proceedings. (i) All information obtained and documents prepared pursuant to an investigation of a Medicaid recipient, the recipient’s legal representative, or any other person relating to an allegation of recipient fraud or theft is confidential and exempt from s. 119.07(1): 1. Until such time as the agency takes final agency action; 2. Until such time as the Department of Legal Affairs refers the case for criminal prosecution; 3. Until such time as an indictment or criminal information is filed by a state attorney in a criminal case; or 4. At all times if otherwise protected by law. (18) In recovering any payments in accordance with this section, the agency is authorized to make appropriate settlements. (19) Notwithstanding any provision in this section to the contrary, the agency shall not be required to seek reimbursement from a liable third party on claims for which the agency determines that the amount it reasonably expects to recover will be less than the cost of recovery, or that recovery efforts will otherwise not be cost-effective.

(20)(a) Entities providing health insurance as defined in s. 624.603, health maintenance organizations and prepaid health clinics as defined in chapter 641, and, on behalf of their clients, third-party administrators, pharmacy benefits managers, and any other third parties, as defined in s. 409.901(27), which are legally responsible for payment of a claim for a health care item or service as a condition of doing business in the state or providing coverage to residents of this state, shall provide such records and information as are necessary to accomplish the purpose of this section, unless such requirement results in an unreasonable burden. (b) An entity must respond to a request for payment with payment on the claim, a written request for additional information with which to process the claim, or a written reason for denial of the claim within 90 working days after receipt of written proof of loss or claim for payment for a health care item or service provided to a Medicaid recipient who is covered by the entity. Failure to pay or deny a claim within 140 days after receipt of the claim creates an uncontestable obligation to pay the claim. (21) Entities providing health insurance as defined in s. 624.603, and health maintenance organizations as defined in chapter 641, requiring tape or electronic billing formats from the agency shall accept Medicaid billings that are prepared using the current Medicare standard billing format. If the insurance entity or health maintenance organization is unable to use the agency format, the entity shall accept paper claims from the agency in lieu of tape or electronic billing, provided that these claims are prepared using current Medicare standard billing formats. (22) The agency is authorized to adopt rules to implement the provisions of this section and federal requirements. HISTORY: S. 4, ch. 90-232; s. 33, ch. 90-295; s. 38, ch. 91-282; s. 4, ch. 92-79; s. 4, ch. 94-251; s. 98, ch. 96-175; s. 3, ch. 96-331; s. 259, ch. 96-406; s. 1023, ch. 97-103; s. 32, ch. 98-191; s. 1, ch. 98-411; s. 184, ch. 99-8; s. 1, ch. 99-231; s. 1, ch. 99-323; s. 8, ch. 99-356; s. 9, ch. 99-393; s. 67, ch. 99-397; s. 58, ch. 2000-153; s. 449, ch. 2003-261; s. 3, ch. 2005-140; s. 13, ch. 2008-246, eff. July 1, 2008; s. 13, ch. 2010-187, eff. June 3, 2010; s. 6, ch. 2013-48, eff. July 1, 2013; s. 2, ch. 2013-150, eff. July 1, 2013; s. 19, ch. 2017-129,

effective July 1, 2017.

« Title XXX. », • Ch. 409. •, • Pt. III. •, « § 409.9101. • Fla. Stat. § 409.9101

§ 409.9101. Recovery for payments made on behalf of Medicaid-eligible persons. (1) This section may be cited as the “Medicaid Estate Recovery Act.” (2) It is the intent of the Legislature by this section to supplement Medicaid funds that are used to provide medical services to eligible persons. Medicaid estate recovery shall be accomplished by the agency filing a statement of claim against the estate of a deceased Medicaid recipient as provided in part VII of chapter 733. Recovery shall be made pursuant to federal authority in s. 13612 of the Omnibus Budget Reconciliation Act of 1993, which amends s. 1917(b)(1) of the Social Security Act, 42 U.S.C. s. 1396p(b)(1). (3) The acceptance of public medical assistance, as defined by Title XIX (Medicaid) of the Social Security Act, including mandatory and optional supplemental payments under the Social Security Act, shall create a debt to the agency in the total amount paid to or for the benefit of the recipient for medical assistance after the recipient reached 55 years of age. Payment of benefits to a person under the age of 55 years does not create a debt. Upon filing of a statement of claim in the probate proceeding, the agency shall be an interested person as defined in s. 731.201 to the same extent as other estate claimants. (4) The agency may amend the claim as a matter of right up to 1 year after the last date medical services were rendered to the decedent. (5) The agency’s provider processing system reports shall be admissible as prima facie evidence in substantiating the agency’s claim. (6) The debt created under this section shall not be enforced if the recipient is survived by: (a) A spouse; (b) A child or children under 21 years of age; or (c) A child or children who are blind or permanently and totally disabled pursuant to the eligibility requirements of Title XIX of the Social Security

Act. (7) No debt under this section shall be enforced against any property that is determined to be exempt from the claims of creditors under the constitution or laws of this state. (8) The agency shall not recover from an estate if doing so would cause undue hardship for the qualified heirs, as defined in s. 731.201. The personal representative of an estate and any heir may request that the agency waive recovery of any or all of the debt when recovery would create a hardship. A hardship does not exist solely because recovery will prevent any heirs from receiving an anticipated inheritance. The following criteria shall be considered by the agency in reviewing a hardship request: (a) The heir: 1. Currently resides in the residence of the decedent; 2. Resided there at the time of the death of the decedent; 3. Has made the residence his or her primary residence for the 12 months immediately preceding the death of the decedent; and 4. Owns no other residence; (b) The heir would be deprived of food, clothing, shelter, or medical care necessary for the maintenance of life or health; (c) The heir can document that he or she provided full-time care to the recipient which delayed the recipient’s entry into a nursing home. The heir must be either the decedent’s sibling or the son or daughter of the decedent and must have resided with the recipient for at least 1 year prior to the recipient’s death; or (d) The cost involved in the sale of the property would be equal to or greater than the value of the property. (9) Instances arise in Medicaid estate-recovery cases where the assets include a settlement of a claim against a liable third party. The agency’s claim under s. 409.910 must be satisfied prior to including the settlement proceeds as estate assets. The remaining settlement proceeds shall be included in the estate and be available to satisfy the Medicaid estaterecovery claim. The Medicaid estate-recovery share shall be one-half of

the settlement proceeds included in the estate. Nothing in this subsection is intended to limit the agency’s rights against other assets in the estate not related to the settlement. However, in no circumstances shall the agency’s recovery exceed the total amount of Medicaid medical assistance provided to the recipient. (10) In instances where there are no liquid assets to satisfy the Medicaid estate-recovery claim, if there is nonexempt personal property or real property which is not protected homestead and the costs of sale will not exceed the proceeds, the property shall be sold to satisfy the Medicaid estate-recovery claim. Real property shall not be transferred to the agency in any instance. HISTORY: S. 68, ch. 99-397; s. 2, ch. 2001-226; s. 59, ch. 2013-18, eff. July 2, 2013.

« Title XXXIII. » Fla. Stat. Title XXXIII

TITLE XXXIII. REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS. ________ « Title XXXIII. », • Ch. 518. • Fla. Stat. Title XXXIII, Ch. 518

CHAPTER 518. INVESTMENT OF FIDUCIARY FUNDS. « Title XXXIII. », • Ch. 518. •, • § 518.01. » Fla. Stat. § 518.01

§ 518.01. Investments of funds received from United States Department of Veterans Affairs. Subject to the conditions herein contained, and except as otherwise authorized by law, guardians holding funds received from, or currently in receipt of funds from, the United States Department of Veterans Affairs, to the extent of those funds alone, may invest such funds only in the following: (1) United States government obligations. — In bonds or other obligations, either bearing interest or sold on a discount basis, of the United States, or the United States Treasury, or those for the payment of the principal and interest of which the faith and credit of the United States is pledged, including such bonds or obligations of the District of Columbia. (2) Bonds and obligations of states and territories. — In bonds or other interest-bearing obligations of any state of the United States, or the Territory of Puerto Rico; provided such state or territory has not, within 10 years previous to the date of making such investment, defaulted for more than 90 days in the payment of any part of the principal or interest of any of its bonded indebtedness. (3) Bonds and other obligations of political subdivisions within the state of Florida. — In bonds or other interest-bearing obligations of any incorporated county, city, town, school district, or road and bridge district located within the state and which has according to the federal census next preceding the date of making the investment, a population of not less than 2,000 inhabitants and for which the full faith and credit of such political subdivision has been pledged; provided, that such political subdivision or its successor through merger, consolidation, or otherwise, has not within 5 years previous to the making of such investment, defaulted for more than 6 months in the payment of any part of the principal or interest of its bonded indebtedness.

(4) Bonds and obligations of political subdivisions located outside the state of Florida. — In bonds or other interest-bearing obligations of any incorporated county, city, or town located outside of the state, but within another state of the United States, which county, city, or town has, according to the federal census next preceding the date of making the investment a population of not less than 40,000 inhabitants and the indebtedness of which does not exceed 7 percent of the last preceding valuation of property for the purposes of taxation; provided, that the full faith and credit of such political subdivision shall have been pledged for the payment of the principal and interest of such bonds or obligations, and provided further, that such political subdivision or its successor, through merger, consolidation, or otherwise, has not within 15 years previous to the making of such investment, defaulted for more than 90 days in the payment of any part of the principal or interest of its bonded indebtedness. (5) Bonds or obligations of federal land banks and farm credit institutions. — In the bonds or other interest-bearing obligations of any federal land bank organized under any Act of Congress enacted prior to June 14, 1937, provided such bank is not in default in the payment of principal or interest on any of its obligations at the time of making the investment; and on any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to the Farm Credit Act of 1971, Pub. L. No. 92-181. (6) Bonds of railroad companies. (a) Bonds bearing a fixed rate of interest secured by first mortgage, general mortgage, refunding mortgage, or consolidated mortgage which is a lien on real estate, rights or interest therein, leaseholds, right-of-way, trackage, or other fixed assets; provided, that such bonds have been issued or assumed by a qualified railroad company or guaranteed as to principal and interest by indorsement by a qualified railroad company or guaranteed as to principal and interest by indorsement, which guaranty has been assumed by a qualified railroad company. (b) In bonds secured by first mortgage upon terminal, depot, or tunnel property, including buildings and appurtenances used in the service or transportation by one or more qualified railroad companies; provided that such bonds have been issued or assumed by a qualified railroad company or

guaranteed as to principal and interest by indorsement by a qualified railroad company, or guaranteed as to principal and interest by indorsement, which guaranty has been assumed by a qualified railroad company. (c) As used in this subsection, the words “qualified railroad company” means a railroad corporation other than a street railroad corporation which, at the date of the investment by the fiduciary, meets the following requirements: 1. It shall be a railroad corporation incorporated under the laws of the United States or of any state or commonwealth thereof or of the District of Columbia. 2. It shall own and operate within the United States not less than 500 miles of standard gauge railroad lines, exclusive of sidings. 3. Its railroad operating revenues derived from the operation of all railroad lines operated by it, including leased lines and lines owned or leased by a subsidiary corporation, all of the voting stock of which, except directors’ qualifying shares, is owned by it, for its fiscal year next preceding the date of the investment, shall have been not less than $10 million. 4. At no time during its fiscal year in which the investment is made, and its 5 fiscal years immediately prior thereto, shall it have been in default in the payment of any part of the principal or interest owing by it upon any part of its funded indebtedness. 5. In at least 4 of its 5 fiscal years immediately preceding the date of investment, its net income available for fixed charges shall have been at least equal to its fixed charges, and in its fiscal year immediately preceding the date of investment, its net income available for fixed charges shall have been not less than 1 ¼ times its fixed charges. (d) As used in this subsection, the words “income available for fixed charges” mean the amount obtained by deducting from gross income all items deductible in ascertaining the net income other than contingent income interest and those constituting fixed charges as used in the accounting reports of common carriers as prescribed by the accounting regulations of the Interstate Commerce Commission. (e) As used in this subsection, the words “fixed charges” mean rent for leased roads, miscellaneous rents, funded debt interest, and amortization of discount on funded debt.

(7) Bonds of gas, water, or electric companies. — In bonds issued by, or guaranteed as to principal and interest by, or assumed by, any gas, water, or electric company, subject to the following conditions: (a) Gas, water, or electric companies by which such bonds are issued, guaranteed, or assumed, shall be incorporated under the laws of the United States or any state or commonwealth thereof or of the District of Columbia. (b) The company shall be an operating company transacting the business of supplying water, electrical energy, artificial gas, or natural gas for light, heat, power, and other purposes, and provided that at least 75 percent of its gross operating revenue shall be derived from such business and not more than 15 percent of its gross operating revenues shall be derived from any other one kind of business. (c) The company shall be subject to regulation by a public service commission, a public utility commission, or any other similar regulatory body duly established by the laws of the United States or any state or commonwealth or of the District of Columbia in which such company operates. (d) The company shall have all the franchises necessary to operate in the territory in which at least 75 percent of its gross revenues are obtained, which franchises shall either be indeterminate permits of, or agreements with, or subject to the jurisdiction of, a public service commission or other duly constituted regulatory body, or shall extend at least 5 years beyond the maturity of the bonds. (e) The company shall have been in existence for a period of not less than 8 fiscal years, and at no time within the period of 8 fiscal years immediately preceding the date of such investment shall such company have failed to pay punctually and regularly the matured principal and interest of all its indebtedness, direct, assumed, or guaranteed, but the period of life of the company, together with the period of life of any predecessor company, or company from which a major portion of its property was acquired by consolidation, merger, or purchase, shall be considered together in determining such required period. (f) For a period of 5 fiscal years immediately preceding the date of the investment, net earnings shall have averaged per year not less than 2 times

the average annual interest charges on its entire funded debt, applicable to that period and for the last fiscal year preceding the date of investment, such net earnings shall have been not less than 2 times such interest charges for that year. (g) The bonds of any such company must be part of an issue of not less than $1 million and must be mortgage bonds secured by a first or refunding mortgage upon property owned and operated by the company issuing or assuming them or must be underlying mortgage bonds secured by property owned and operated by the companies issuing or assuming them. The aggregate principal amount of bonds secured by such first or refunding mortgage, plus the principal amount of all the underlying outstanding bonds, shall not exceed 60 percent of the value of the physical property owned, which shall be book value less such reserves for depreciation or retirement, as the company may have established, and subject to the lien of such mortgage or mortgages securing the total mortgage debt. If such mortgage is a refunding mortgage, it must provide for the retirement on or before the date of maturity of all bonds secured by prior liens on the property. (h) As used in this subsection, the words “gross operating revenues and expenses” mean, respectively, the total amount earned from the operation of, and the total expenses of maintaining and operating, all property owned and operated by, or leased and operated by, such companies, as determined by the system of accounts prescribed by the Public Service Commission or other similar regulatory body having jurisdiction. (i) As used in this subsection, the words “net earnings” mean the balance obtained by deducting from its gross operating revenues, its operating and maintenance expenses, taxes, other than federal and state income taxes, rentals, and provisions for depreciation, renewals and retirements of the physical assets of the company, and by adding to such balance its income from securities and miscellaneous sources, but not, however, exceeding 15 percent of such balance. (8) Bonds of telephone companies. — In bonds issued by, or guaranteed as to principal and interest by, or assumed by, any telephone company, subject to the following conditions: (a) The telephone company by which such bonds are issued shall be incorporated under the laws of the United States or of any state or

commonwealth thereof or of the District of Columbia and shall be engaged in the business of supplying telephone service in the United States and shall be subject to regulations by the Federal Communications Commission, a public service commission, a public utility commission, or any similar regulatory body duly established by the laws of the United States or of any state or commonwealth or of the District of Columbia in which such company operates. (b) The company by which such bonds are issued, guaranteed, or assumed shall have been in existence for a period of not less than 8 fiscal years, and at no time within the period of 8 fiscal years immediately preceding the date of such investment shall such company have failed to pay punctually and regularly the matured principal and interest of all its indebtedness, direct, assumed, or guaranteed, but the period of life of the company, together with the period of life of any predecessor company, or company from which a major portion of its property was acquired by consolidation, merger, or purchase, shall be considered together in determining such required period. The company shall file with the Federal Communications Commission, or a public service commission or similar regulatory body having jurisdiction over it, and make public in each year a statement and a report giving the income account covering the previous fiscal year, and a balance sheet showing in reasonable detail the assets and liabilities at the end of the year. (c) For a period of 5 fiscal years immediately preceding the investment, the net earnings of such telephone company shall have averaged per year not less than twice the average annual interest charges on its outstanding obligations applicable to that period, and for the last fiscal year preceding such investment, such net earnings shall have been not less than twice such interest charges for that year. (d) The bonds must be part of an issue of not less than $5 million and must be mortgage bonds secured by a first or refunding mortgage upon property owned and operated by the company issuing or assuming them, or must be underlying mortgage bonds similarly secured. As of the close of the fiscal year preceding the date of the investment by the fiduciary, the aggregate principal amount of bonds secured by such first or refunding mortgage, plus the principal amount of all the underlying outstanding bonds, shall not exceed 60 percent of the value of the real estate and tangible personal property owned absolutely, which value shall be book value less such reserves for

depreciation or retirement as the company may have established, and subject to the lien of such mortgage, or mortgages, securing the total mortgage debt. If such mortgage is a refunding mortgage, it must provide for the retirement, on or before the date of their maturity, of all bonds secured by prior liens on the property. (e) As used in this subsection, the words “gross operating revenues and expenses” mean, respectively, the total amount earned from the operation of, and the total expenses of maintaining and operating all property owned and operated by, or leased and operated by, such company as determined by the system of accounts prescribed by the Federal Communications Commission, or any other similar federal or state regulatory body having jurisdiction in the matter. (f) As used in this subsection, the words “net earnings” mean the balance obtained by deducting from the telephone company’s gross operating revenues its operating and maintenance expenses, provision for depreciation of the physical assets of the company, taxes, other than federal and state income taxes, rentals, and miscellaneous charges, and by adding to such balance its income from securities and miscellaneous sources but not, however, to exceed 15 percent of such balance. (9) First mortgages. — In mortgages signed by one or more individuals or corporations, subject to the following conditions: (a) If the taking of the mortgages as an investment for any particular trust, estate, or guardianship will not result in more than 40 percent of the then value of the principal of such trust, estate, or guardianship being invested in mortgages. (b) Within 30 days preceding the taking of a mortgage as an investment, the property encumbered or to be encumbered thereby shall be appraised by two or more reputable persons especially familiar with real estate values. The fair market value of the property as disclosed by the appraisal of such persons shall be set forth in a writing dated and signed by them and in such writing they shall certify that their valuation of the property was made after an inspection of the same, including all buildings and other improvements. (c) The mortgage shall encumber improved real estate located in the state and in or within 5 miles of the corporate limits of a city or town having a

population of 2,000 or more, according to the federal census next preceding the date of making any such investment. (d) The mortgage shall be or become, through the recordation of documents simultaneously filed for record, a first lien upon the property described therein prior to all other liens, except taxes previously levied or assessed but not due and payable at the time the mortgage is taken as an investment. (e) The mortgage shall secure no indebtedness other than that owing to the executor, administrator, trustee, or guardian taking the same as an investment. (f) The amount of the indebtedness secured by the mortgage shall not exceed 60 percent of the fair market value, as determined in accordance with the provisions of paragraph (b), of the property encumbered or to be encumbered by said mortgage. (g) If the amount of the indebtedness secured by the mortgage is in excess of 50 percent of the fair market value, as determined in accordance with the provisions of paragraph (b), of the property encumbered or to be encumbered by said mortgage, then the mortgage shall require principal payments, at annual or more frequent intervals, sufficient to reduce by or before the expiration of 3 years from the date the mortgage is taken as an investment, the unpaid principal balance secured thereby to an amount not in excess of 50 percent of the fair market value of said property, as determined in accordance with the provisions of paragraph (b). (h) The mortgage shall contain a covenant of the mortgagor to keep insured at all times the improvements on the real estate encumbered by said mortgage, with loss payable to the mortgagee, against loss and damage by fire, in an amount not less than the unpaid principal secured by said mortgage. (i) Provided, however, that the foregoing limitations and requirements shall not apply to notes or bonds secured by mortgage or trust deed insured by the Federal Housing Administrator, and that notes or bonds secured by mortgage or trust deed insured by the Federal Housing Administrator are declared to be eligible for investment under the provisions of this chapter.

(10) Life insurance. — Annuity or endowment contracts with any life insurance company which is qualified to do business in the state under the laws thereof. (11) Savings and loan associations. — In savings share or investment share accounts of any federal savings and loan association chartered under the laws of the United States, and doing business in this state, and in the shares of any Florida building and loan association which is a member of the Federal Home Loan Bank System. (12) Savings accounts, certificates of deposit; state and national banks. — In savings accounts and certificates of deposit in any bank chartered under the laws of the United States and doing business in this state, and in savings accounts and certificates of deposit in any bank chartered under the laws of this state. (13) Savings share accounts, credit unions. — In savings share accounts of any credit union chartered under the laws of the United States and doing business in this state, and savings share accounts of any credit union chartered under the laws of this state, provided the credit union is insured under the federal share insurance program or an approved state share insurance program. In determining the qualification of investments under the requirements of this section, published statements of corporations or statements of reliable companies engaged in the business of furnishing statistical information on bonds may be used. HISTORY: S. 1, ch. 17949, 1937; CGL 1940 Supp. 7100(9); s. 1, ch. 28154, 1953; s. 1, ch. 63-111; s. 1, ch. 73-41; s. 2, ch. 74-92; s. 24, ch. 93-268. Editor’s notes. The Interstate Commerce Commission, referred to in paragraph (6)(d), was abolished by s. 101, Pub. L. No. 104-88.

« Title XXXIII. », • Ch. 518. •, « § 518.06. » Fla. Stat. § 518.06

§ 518.06. Investment of fiduciary funds in loans insured by Federal Housing Administrator. Banks, savings banks, trust companies, building and loan associations, insurance companies, and guardians holding funds received from or currently in receipt of funds from the United States Department of Veterans Affairs to the extent of those funds alone, may: (1) Make such loans and advances of credit, and purchases of obligations representing loans and advances of credit, as are insured by the Federal Housing Administrator, and obtain such insurance; (2) Make such loans secured by real property or leasehold as the Federal Housing Administrator insures or makes a commitment to insure, and obtain such insurance. HISTORY: S. 1, ch. 17130, 1935; CGL 1936 Supp. 7100(1); s. 1, ch. 17980, 1937; s. 2, ch. 28154, 1953; s. 25, ch. 93-268.

« Title XXXIII. », • Ch. 518. •, « § 518.07. » Fla. Stat. § 518.07

§ 518.07. Investment of fiduciary funds in bonds, etc., issued by Federal Housing Administrator. (1) Banks, savings banks, trust companies, building and loan associations, insurance companies, guardians holding funds received from or currently in receipt of funds from the United States Department of Veterans Affairs to the extent of those funds alone, the state and its political subdivisions, all institutions and agencies thereof, with the approval of the officials or boards having supervision or management of same, may invest their funds and moneys in their custody or possession, eligible for investment, in notes or bonds secured by mortgage or trust deed insured by the Federal Housing Administrator, in debentures issued by the Federal Housing Administrator, and in securities issued by national mortgage associations. (2) Such notes, bonds, debentures, and securities made eligible for investment may be used wherever, by statute of this state, collateral is required as security for the deposit of public or other funds; or deposits are required to be made with any public official or departments, or an investment of capital or surplus, or a reserve or other fund, is required to be maintained consisting of designated securities. HISTORY: S. 2, ch. 17130, 1935; CGL 1936 Supp. 7100(2); s. 2, ch. 17980, 1937; s. 3, ch. 28154, 1953; s. 26, ch. 93-268.

« Title XXXIII. », • Ch. 518. •, « § 518.08. » Fla. Stat. § 518.08

§ 518.08. Applicability of laws requiring security, etc. No law of this state requiring security upon which loans or investments may be made, prescribing the nature, amount, or form of such security, prescribing or limiting interest rates upon loans or investments, limiting investments of capital or deposits, or prescribing or limiting the period for which loans or investments may be made, shall be deemed to apply to loans or investments made pursuant to ss. 518.06 and 518.07. HISTORY: S. 3, ch. 17130, 1935; CGL 1936 Supp. 7100(3).

« Title XXXIII. », • Ch. 518. •, « § 518.09. » Fla. Stat. § 518.09

§ 518.09. Housing bonds legal investments and security. The state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, all insurance companies, insurance associations, and other persons carrying on an insurance business, and guardians holding funds received from or currently in receipt of funds from the United States Department of Veterans Affairs to the extent of those funds alone may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by a housing authority pursuant to the Housing Authorities Law of this state (chapter 421), or issued by any public housing authority or agency in the United States, when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States Government or any agency thereof, and such bonds and other obligations shall be authorized security for all public deposits; it being the purpose of this section to authorize any person, associations, political subdivisions, bodies, and officers, public or private, to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension, and trust funds, and funds held on deposit, for the purchase of any bonds or other obligations; provided, however, that nothing contained in this section shall be construed as relieving any person from any duty of exercising reasonable care in selecting securities. HISTORY: SS. 1, 2, 3, ch. 19512, 1939; CGL 1940 Supp. 7100(3-nn); s. 4, ch. 28154, 1953; s. 27, ch. 93-268.

« Title XXXIII. », • Ch. 518. •, « § 518.10. » Fla. Stat. § 518.10

§ 518.10. Fiduciary defined as used in ss. 518.11-518.14. For the purpose of ss. 518.11-518.14, a “fiduciary” is defined as an executor, administrator, trustee, guardian (except any guardian holding funds received from or currently in receipt of funds from the United States Department of Veterans Affairs, to the extent of those funds alone), or other person, whether individual or corporate, who by reason of a written agreement, will, court order, or other instrument has the responsibility for the acquisition, investment, reinvestment, exchange, retention, sale, or management of money or property of another. HISTORY: S. 5, ch. 28154, 1953; s. 28, ch. 93-268.

« Title XXXIII. », • Ch. 518. •, « § 518.11. » Fla. Stat. § 518.11

§ 518.11. Investments by fiduciaries; prudent investor rule. (1) A fiduciary has a duty to invest and manage investment assets as follows: (a) The fiduciary has a duty to invest and manage investment assets as a prudent investor would considering the purposes, terms, distribution requirements, and other circumstances of the trust. This standard requires the exercise of reasonable care and caution and is to be applied to investments not in isolation, but in the context of the investment portfolio as a whole and as a part of an overall investment strategy that should incorporate risk and return objectives reasonably suitable to the trust, guardianship, or probate estate. If the fiduciary has special skills, or is named fiduciary on the basis of representations of special skills or expertise, the fiduciary is under a duty to use those skills. (b) No specific investment or course of action is, taken alone, prudent or imprudent. The fiduciary may invest in every kind of property and type of investment, subject to this section. The fiduciary’s investment decisions and actions are to be judged in terms of the fiduciary’s reasonable business judgment regarding the anticipated effect on the investment portfolio as a whole under the facts and circumstances prevailing at the time of the decision or action. The prudent investor rule is a test of conduct and not of resulting performance. (c) The fiduciary has a duty to diversify the investments unless, under the circumstances, the fiduciary believes reasonably it is in the interests of the beneficiaries and furthers the purposes of the trust, guardianship, or estate not to diversify. (d) The fiduciary has a duty, within a reasonable time after acceptance of the trust, estate, or guardianship, to review the investment portfolio and to make and implement decisions concerning the retention and disposition of original preexisting investments in order to conform to the provisions of this section. The fiduciary’s decision to retain or dispose of an asset may be influenced properly by the asset’s special relationship or value to the purposes of the trust, estate, or guardianship, or to some or all of the

beneficiaries, consistent with the trustee’s duty of impartiality, or to the ward. (e) The fiduciary has a duty to pursue an investment strategy that considers both the reasonable production of income and safety of capital, consistent with the fiduciary’s duty of impartiality and the purposes of the trust, estate, or guardianship. Whether investments are underproductive or overproductive of income shall be judged by the portfolio as a whole and not as to any particular asset. (f) The circumstances that the fiduciary may consider in making investment decisions include, without limitation, the general economic conditions, the possible effect of inflation, the expected tax consequences of investment decisions or strategies, the role each investment or course of action plays within the overall portfolio, the expected total return, including both income yield and appreciation of capital, and the duty to incur only reasonable and appropriate costs. The fiduciary may, but need not, consider related trusts, estates, and guardianships, and the income available from other sources to, and the assets of, beneficiaries when making investment decisions. (2) The provisions of this section may be expanded, restricted, eliminated, or otherwise altered by express provisions of the governing instrument, whether the instrument was executed before or after the effective date of this section. An express provision need not refer specifically to this statute. The fiduciary is not liable to any person for the fiduciary’s reasonable reliance on those express provisions. (3) Nothing in this section abrogates or restricts the power of an appropriate court in proper cases: (a) To direct or permit the trustee to deviate from the terms of the governing instrument; or (b) To direct or permit the fiduciary to take, or to restrain the fiduciary from taking, any action regarding the making or retention of investments. (4) The following terms or comparable language in the investment powers and related provisions of a governing instrument shall be construed as authorizing any investment or strategy permitted under this section: “investments permissible by law for investment of trust funds,” “legal investments,” “authorized investments,” “using the judgment and care

under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital,” “prudent trustee rule,” “prudent person rule,” and “prudent investor rule.” (5) This section applies to all existing and future fiduciary relationships subject to this section, but only as to acts or omissions occurring after October 1, 1993. HISTORY: S. 6, ch. 28154, 1953; s. 2, ch. 93-257; s. 26, ch. 97-98; s. 686, ch. 97-103.

« Title XXXIII. », • Ch. 518. •, « § 518.112. » Fla. Stat. § 518.112

§ 518.112. Delegation of investment functions. (1) A fiduciary may delegate any part or all of the investment functions, with regard to acts constituting investment functions that a prudent investor of comparable skills might delegate under the circumstances, to an investment agent as provided in subsection (3), if the fiduciary exercises reasonable care, judgment, and caution in selecting the investment agent, in establishing the scope and specific terms of any delegation, and in reviewing periodically the agent’s actions in order to monitor overall performance and compliance with the scope and specific terms of the delegation. (2)(a) The requirements of subsection (1) notwithstanding, a fiduciary that administers an insurance contract on the life or lives of one or more persons may delegate without any continuing obligation to review the agent’s actions, certain investment functions with respect to any such contract as provided in subsection (3), to any one or more of the following persons as investment agents: 1. The trust’s settlor if the trust is one described in s. 733.707(3); 2. Beneficiaries of the trust or estate, regardless of the beneficiary’s interest therein, whether vested or contingent; 3. The spouse, ancestor, or descendant of any person described in subparagraph 1. or subparagraph 2.; 4. Any person or entity nominated by a majority of the beneficiaries entitled to receive notice under paragraph (3)(b); or 5. An investment agent if the fiduciary exercises reasonable care, judgment, and caution in selecting the investment agent and in establishing the scope and specific terms of any delegation. (b) The delegable investment functions under this subsection include: 1. A determination of whether the insurance contract was procured or effected in compliance with s. 627.404; 2. A determination of whether any insurance contract is or remains a

proper investment; 3. The investigation of the financial strength of the life insurance company; 4. A determination of whether or not to exercise any policy option available under any insurance contracts; 5. A determination of whether or not to diversify such contracts relative to one another or to other assets, if any, administered by the fiduciary; or 6. An inquiry about changes in the health or financial condition of the insured or insureds relative to any such contract. (c) Until the contract matures and the policy proceeds are received, a fiduciary that administers insurance contracts under this subsection is not obligated to diversify nor allocate other assets, if any, relative to such insurance contracts. (3) A fiduciary may delegate investment functions to an investment agent under subsection (1) or subsection (2), if: (a) In the case of a guardianship, the fiduciary has obtained court approval. (b) In the case of a trust or estate, the fiduciary has given written notice, of its intention to begin delegating investment functions under this section, to all beneficiaries, or their legal representative, eligible to receive distributions from the trust or estate within 30 days of the delegation unless such notice is waived by the eligible beneficiaries entitled to receive such notice. This notice shall thereafter, until or unless the beneficiaries eligible to receive income from the trust or distributions from the estate at the time are notified to the contrary, authorize the trustee or legal representative to delegate investment functions pursuant to this subsection. This discretion to revoke the delegation does not imply under subsection (2) any continuing obligation to review the agent’s actions. 1. Notice to beneficiaries eligible to receive distributions from the trust from the estate, or their legal representatives shall be sufficient notice to all persons who may join the eligible class of beneficiaries in the future. 2. Additionally, as used herein, legal representative includes one described in s. 731.303, without any requirement of a court order, an attorney-in-fact under a durable power of attorney sufficient to grant such authority, a legally appointed guardian, or equivalent under applicable law, any living, natural

guardian of a minor child, or a guardian ad litem. 3. Written notice shall be given as provided in part III of chapter 731 as to an estate, and as provided in s. 736.0109 and part III of chapter 736 as to a trust. (4) If all requirements of subsection (3) are satisfied, the fiduciary shall not be responsible otherwise for the investment decisions nor actions or omissions of the investment agent to which the investment functions are delegated. (5) The investment agent shall, by virtue of acceptance of its appointment, be subject to the jurisdiction of the courts of this state. (6) In performing a delegated function, the investment agent shall be subject to the same standards as the fiduciary. HISTORY: S. 3, ch. 93-257; s. 8, ch. 97-240; s. 2, ch. 2010-172, eff. July 1, 2010.

« Title XXXIII. », • Ch. 518. •, « § 518.115. » Fla. Stat. § 518.115

§ 518.115. Power of fiduciary or custodian to deposit securities in a central depository. (1)(a) Notwithstanding any other provision of law, any fiduciary, as defined in s. 518.10, holding securities, as defined in s. 678.102(1), in its fiduciary capacity, and any bank or trust company holding securities as a custodian, managing agent, or custodian for a fiduciary, is authorized to deposit or arrange for the deposit of such securities in a clearing corporation, as defined in s. 678.102(3). When such securities are so deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of such clearing corporation with any other such securities deposited in such clearing corporation by any person, regardless of the ownership of such securities, and certificates of small denomination may be merged into one or more certificates of larger denomination. (b) A bank or a trust company so depositing securities with a clearing corporation shall be subject to such rules and regulations with respect to the making and maintenance of such deposit as, in the case of state-chartered institutions, the Financial Services Commission and, in the case of national banking associations, the Comptroller of the Currency may from time to time issue. (c) Notwithstanding any other provisions of law, ownership of, and other interests in, the securities credited to such account may be transferred by entries on the books of said clearing corporation without physical delivery of any securities. The records of such fiduciary and the records of such bank or trust company acting as custodian, managing agent, or custodian for a fiduciary shall at all times show the name of the party for whose account the securities are so deposited. A bank or trust company acting as custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary the securities so deposited by such bank or trust company in such clearing corporation for the account of such fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding for the settlement of such fiduciary’s account or on demand by the attorney for such party, certify in writing to such party the securities deposited by such fiduciary in such clearing

corporation for its account as such fiduciary. (2) This section shall apply to any fiduciary holding securities in its fiduciary capacity, and to any bank or trust company holding securities as a custodian, managing agent, or custodian for a fiduciary, acting on June 18, 1974, or who thereafter may act regardless of the date of the agreement, instrument, or court order by which it is appointed and regardless of whether or not such fiduciary, custodian, managing agent, or custodian for a fiduciary owns capital stock of such clearing corporation. HISTORY: S. 1, ch. 74-224; s. 613, ch. 2003-261. Editor’s notes. Section 678.102, referred to in two places in paragraph (1)(a), was repealed by s. 25, ch. 98-11.

« Title XXXIII. », • Ch. 518. •, « § 518.116. » Fla. Stat. § 518.116

§ 518.116. Power of certain fiduciaries and custodians to deposit United States Government and agency securities with a Federal Reserve bank. (1)(a) Notwithstanding any other provision of law, any fiduciary, as defined in s. 518.10, which is a bank or trust company holding securities in its fiduciary capacity, and any bank or trust company holding securities as a custodian, managing agent, or custodian for a fiduciary, is authorized to deposit or arrange for the deposit with the Federal Reserve Bank in its district of any securities, the principal and interest of which the United States Government or any department, agency, or instrumentality thereof has agreed to pay or has guaranteed payment, to be credited to one or more accounts on the books of said Federal Reserve Bank in the name of such bank or trust company to be designated fiduciary or safekeeping accounts, to which account other similar securities may be credited. (b) A bank or trust company so depositing securities with a Federal Reserve Bank shall be subject to such rules and regulations with respect to the making and maintenance of such deposits as, in the case of state-chartered institutions, the Financial Services Commission and, in the case of national banking associations, the Comptroller of the Currency may from time to time issue. The records of such bank or trust company shall at all times show the ownership of the securities held in such account. (c) Notwithstanding any other provision of law, ownership of, and other interests in, the securities credited to such account may be transferred by entries on the books of said Federal Reserve Bank without physical delivery of any securities. The records of such fiduciary and the records of such bank or trust company acting as custodian, managing agent, or custodian for a fiduciary shall at all times show the name of the party for whose account the securities are so deposited. A bank or a trust company acting as custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary the securities so deposited by such bank or trust company with such Federal Reserve Bank for the account of such fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding for the settlement of such fiduciary’s account or on demand by the attorney for such party, certify in

writing to such party the securities deposited by such fiduciary with such Federal Reserve bank for its account as such fiduciary. (2) This section shall apply to any fiduciary and to any bank or trust company holding securities as custodian, managing agent, or custodian for a fiduciary, acting on June 18, 1974, or who thereafter may act regardless of the date of the instrument or court order by which it is appointed. HISTORY: S. 2, ch. 74-224; s. 1, ch. 77-174; s. 614, ch. 2003-261.

« Title XXXIII. », • Ch. 518. •, « § 518.117. » Fla. Stat. § 518.117

§ 518.117. Permissible investments of fiduciary funds. A fiduciary that is authorized by lawful authority to engage in trust business as defined in s. 658.12 may invest fiduciary funds in accordance with s. 660.417 so long as the investment otherwise complies with this chapter. HISTORY: S. 15, ch. 2006-217, eff. July 1, 2007; s. 3, ch. 2022-178, effective July 1, 2022.

« Title XXXIII. », • Ch. 518. •, « § 518.12. » Fla. Stat. § 518.12

§ 518.12. Instrument creating or defining powers, duties of fiduciary not affected. Nothing contained in ss. 518.10-518.14 shall be construed as conferring a power of sale upon any fiduciary not possessing such power or as authorizing any departure from, or variation of, the express terms or limitations set forth in any will, agreement, court order, or other instrument creating or defining the fiduciary’s duties and powers, but the terms “legal investment” or “authorized investment” or words of similar import, as used in any such instrument, shall be taken to mean any investment which is permitted by the terms of s. 518.11. HISTORY: S. 7, ch. 28154, 1953; s. 1, ch. 57-120.

« Title XXXIII. », • Ch. 518. •, « § 518.13. » Fla. Stat. § 518.13

§ 518.13. Authority of court to permit deviation from terms of instrument creating trust not affected. Nothing contained in ss. 518.10-518.14 shall be construed as restricting the power of a court of proper jurisdiction to permit a fiduciary to deviate from the terms of any will, agreement, or other instrument relating to the acquisition, investment, reinvestment, exchange, retention, sale, or management of fiduciary property. HISTORY: S. 8, ch. 28154, 1953.

« Title XXXIII. », • Ch. 518. •, « § 518.14. » Fla. Stat. § 518.14

§ 518.14. Scope of ss. 518.10-518.13. The provisions of ss. 518.10-518.13 shall govern fiduciaries acting under wills, agreements, court orders, and other instruments now existing or hereafter made. HISTORY: S. 9, ch. 28154, 1953.

« Title XXXIII. », • Ch. 518. •, « § 518.15. » Fla. Stat. § 518.15

§ 518.15. Bonds or motor vehicle tax anticipation certificates, legal investments and security. Notwithstanding any restrictions on investments contained in any law of this state, the state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks, building and loan associations, savings and loan associations, investment companies, and all persons carrying on an insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control in bonds or motor vehicle anticipation certificates issued under authority of s. 18, Art. XII of the State Constitution of 1885 as adopted by s. 9(d) of Art. XII, 1968 revised constitution, and the additional provisions of s. 9(d), and such bonds or certificates shall be authorized security for all public deposits, including, but not restricted to, deposits as authorized in s. 17.57, it being the purpose of this act to authorize any person, firm or corporation, association, political subdivision, body, and officer, public or private, to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension, and trust funds, and funds held on deposit, for the purchase of any such bonds or anticipation certificates, up to the amount as authorized by law to be invested in any type of security, including United States Government Bonds. HISTORY: S. 1, ch. 27990, 1953; s. 31, ch. 69-216; s. 615, ch. 2003-261.

« Title XXXIII. », • Ch. 518. •, « § 518.151. » Fla. Stat. § 518.151

§ 518.151. Higher education bonds or certificates, legal investments and security. Notwithstanding any restrictions on investments contained in any law of this state, the state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks, building and loan associations, savings and loan associations, investment companies, and all persons carrying on an insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control in higher education bonds or certificates issued under authority of s. 19, Art. XII of the State Constitution of 1885 or of s. 9(a), Art. XII of the constitution as revised in 1968, as amended, and such bonds or certificates shall be authorized security for all public deposits, including, but not restricted to, deposits as authorized in s. 17.57, it being the purpose of this act to authorize any person, firm or corporation, association, political subdivision, body, and officer, public or private, to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension, and trust funds, and funds held on deposit, for the purchase of any such bonds or certificates, up to the amount as authorized by law to be invested in any type of security, including United States Government Bonds. HISTORY: S. 1, ch. 65-443; s. 140, ch. 71-355; s. 616, ch. 2003-261.

« Title XXXIII. », • Ch. 518. •, « § 518.152. » Fla. Stat. § 518.152

§ 518.152. Puerto Rican bonds or obligations, legal investments and securities. Notwithstanding any restrictions on investments contained in any law of this state, all public officers and public bodies of the state, counties, municipal corporations, and other political subdivisions; all banks, bankers, trust companies, savings banks, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business; all insurance companies, insurance associations and other persons carrying on an insurance business; all persons holding in trust any pension, health and welfare, and vacation funds; all administrators, executors, guardians, trustees, and other fiduciaries of any public, quasi-public, or private fund or estate; and all other persons authorized to invest in bonds or other obligations may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in bonds or other obligations issued by the Commonwealth of Puerto Rico, its agencies, authorities, instrumentalities, municipalities, or political subdivisions, provided such agency, authority, instrumentality, municipality, or political subdivision has not, within 5 years prior to the making of such investment, defaulted for more than 90 days in the payment of any part of the principal or interest of its bonded indebtedness. Such bonds or obligations shall be authorized security for all public deposits, including, but not restricted to, deposits as authorized in s. 17.57, it being the purpose of this section to authorize any person, firm, corporation, association, political subdivision, body, and officer, public or private, to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds or obligations up to the amount as authorized by law to be invested in any type of security, including United States Government Bonds. However, nothing contained in this section shall be construed as relieving any person from any duty of exercising reasonable care in selecting securities. HISTORY: S. 1, ch. 72-136; s. 617, ch. 2003-261.

« Title XXXIII. », • Ch. 518. •, « § 518.16. • Fla. Stat. § 518.16

§ 518.16. Chapter cumulative. This chapter shall be cumulative to any other law providing for investments and security for public deposits. HISTORY: S. 2, ch. 27990, 1953; s. 11, ch. 28154, 1953.

« Title XXXVIII. » Fla. Stat. Title XXXVIII

TITLE XXXVIII. BANKS AND BANKING. ________ « Title XXXVIII. », • Ch. 655. • Fla. Stat. Title XXXVIII, Ch. 655

CHAPTER 655. FINANCIAL INSTITUTIONS GENERALLY. « Title XXXVIII. », • Ch. 655. •, • § 655.769. » Fla. Stat. § 655.769

§ 655.769. Definitions of terms used in ss. 655.77-655.91. As used in ss. 655.77-655.91, the term: (1) “Check” includes a share draft of a credit union. (2) “Deposit” includes a share of a credit union. (3) “Depositor” includes a member of a credit union. (4) “Institution” means any state or national bank, state or federal association, or state or federal credit union. HISTORY: S. 45, ch. 92-303.

« Title XXXVIII. », • Ch. 655. •, « § 655.77. » Fla. Stat. § 655.77

§ 655.77. Deposits by minors. Deposits made by a minor, or made in the minor’s name by other than a court-appointed guardian, may be withdrawn by the minor in the absence of an agreement to the contrary made between the institution and the depositor at the time the account is opened. In case of any such agreement, such moneys, until the minor’s disabilities are removed, may be withdrawn by the person or persons designated in such agreement. HISTORY: S. 46, ch. 92-303; s. 526, ch. 97-102.

« Title XXXVIII. », • Ch. 655. •, « § 655.78. » Fla. Stat. § 655.78

§ 655.78. Deposit accounts in two or more names. (1) Unless otherwise expressly provided in a contract, agreement, or signature card executed in connection with the opening or maintenance of an account, including a certificate of deposit, a deposit account in the names of two or more persons may be paid to, or on the order of, either or any of such persons or to, or on the order of, the guardian of the property of any such person who is incompetent, whether the other or others are competent. The check or other order for payment to any such person or guardian is a valid and sufficient release and discharge of the obligation of the institution for funds transferred thereby. (2) In the case of a credit union, a member may designate any person or persons to hold deposits with the member in joint tenancy with the right of survivorship; but a joint tenant, unless he or she is a member in his or her own right, may not be permitted to vote, obtain a loan, or hold office or be required to pay an entrance or membership fee. HISTORY: S. 47, ch. 92-303; s. 527, ch. 97-102.

« Title XXXVIII. », • Ch. 655. •, « § 655.79. » Fla. Stat. § 655.79

§ 655.79. Deposits and accounts in two or more names; presumption as to vesting on death. (1) Unless otherwise expressly provided in a contract, agreement, or signature card executed in connection with the opening or maintenance of an account, including a certificate of deposit, a deposit account in the names of two or more persons shall be presumed to have been intended by such persons to provide that, upon the death of any one of them, all rights, title, interest, and claim in, to, and in respect of such deposit account, less all proper setoffs and charges in favor of the institution, vest in the surviving person or persons. Any deposit or account made in the name of two persons who are husband and wife shall be considered a tenancy by the entirety unless otherwise specified in writing. (2) The presumption created in this section may be overcome only by proof of fraud or undue influence or clear and convincing proof of a contrary intent. In the absence of such proof, all rights, title, interest, and claims in, to, and in respect of such deposits and account and the additions thereto, and the obligation of the institution created thereby, less all proper setoffs and charges in favor of the institution against any one or more of such persons, upon the death of any such person, vest in the surviving person or persons, notwithstanding the absence of proof of any donative intent or delivery, possession, dominion, control, or acceptance on the part of any person and notwithstanding that the provisions hereof may constitute or cause a vesting or disposition of property or rights or interests therein, testamentary in nature, which, except for the provisions of this section, would or might otherwise be void or voidable. (3) This section does not abridge, impair, or affect the validity, effectiveness, or operation of any of the provisions of ss. 655.78 and 674.405 or the rights of institutions to make payments as therein provided. HISTORY: S. 48, ch. 92-303; s. 8, ch. 2008-75, eff. Oct. 1, 2008.

« Title XXXVIII. », • Ch. 655. •, « § 655.80. » Fla. Stat. § 655.80

§ 655.80. Convenience accounts. (1) A convenience account is a deposit account, other than a certificate of deposit, in the name of one individual (principal), in which one or more other individuals have been designated as agents with the right to make deposits to and to withdraw funds from or draw checks on such account. The designation of agents, the substitution or removal of agents, or any other change in the contractual terms or provisions governing a convenience account may be made only by the principal. Except as otherwise provided in this section, the agency relationship created under this account is not affected by the subsequent death or incompetence of the principal. (2) All rights, interests, and claims in, to, and in respect of, such deposits and convenience account and the additions thereto shall be those of the principal only. (3) Any balance standing to the credit of a convenience account shall be paid to the guardian of the property of the principal, to any person designated in a court order entered pursuant to s. 735.206, to any person designated by letter or other writing as authorized by s. 735.301, or to the personal representative of the deceased principal’s estate, upon presentation of effective written notice and, if applicable, proof of judicial appointment of such guardian or personal representative by a court of competent jurisdiction. No such court order or letter, written notice, or proof of judicial appointment is effective until it is served upon and received by an officer of the institution during regular banking hours and in such time and in such manner as to afford the institution a reasonable opportunity to act on it prior to the happening of any of the events described in s. 674.303. No other notice, knowledge, or other information shown to have been available to an institution affects its right to the protection provided by this section. (4) Payment by an institution pursuant to this section is a valid and sufficient release and discharge to the institution from all claims for payments so paid.

(5) Without qualifying any other right to setoff or lien, and subject to any contractual provision, if the principal is indebted to the institution, the institution has a right to setoff against the account. HISTORY: S. 49, ch. 92-303.

« Title XXXVIII. », • Ch. 655. •, « § 655.82. » Fla. Stat. § 655.82

§ 655.82. Pay-on-death accounts. (1) As used in this section: (a) “Account” means a contract of deposit between a depositor and an institution, including, but not limited to, a checking account, savings account, certificate of deposit, and share account. (b) “Beneficiary” means a person named as one to whom sums on deposit in an account are payable on request after death of all parties or for whom a party is named as trustee. (c) “Devisee” means any person designated in a will to receive a testamentary disposition of real or personal property. (d) “Heirs” means those persons, including a surviving spouse, who are entitled, under the laws of this state regarding intestate succession, to the property of a decedent. (e) “Multiple-party account” means an account payable on request to one or more of two or more parties, whether or not a right of survivorship is mentioned. (f) “Party” means a person who, by the terms of an account, has a present right, subject to request, to payment from the account other than as a beneficiary. (g) “Payment” means disbursement of sums on deposit, and includes withdrawal, payment to a party or third person pursuant to check or other request, and a pledge of sums on deposit by a party, or a setoff, reduction, or other disposition of all or part of an account pursuant to a pledge. (h) “Pay-on-death designation” means the designation of: 1. A beneficiary in an account payable on request to one party during the party’s lifetime and on the party’s death to one or more beneficiaries, or to one or more parties during their lifetimes and on death of all of them to one or more beneficiaries; or 2. A beneficiary in an account in the name of one or more parties as trustee

for one or more beneficiaries if the relationship is established by the terms of the account and there is no subject of the trust other than the sums on deposit in the account, whether or not payment to the beneficiary is mentioned. (i) “Personal representative” means an executor, administrator, curator, successor personal representative, special administrator, or any other person who performs substantially the same function under the law governing their status. (j) “Receive,” as it relates to notice to an institution, means receipt in the office or branch office of the institution in which the account is established, but if the terms of the account require notice at a particular place, in the place required. (k) “Request” means a request for payment complying with all terms of the account, including special requirements concerning necessary signatures and regulations of the institution; but, for purposes of this section, if terms of the account condition payment on advance notice, a request for payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for payment. (l) “Successor” means any person, other than a creditor, who is entitled to property of a decedent under the decedent’s will or otherwise. (m) “Sums on deposit” means the balance payable on an account, including interest and dividends earned, whether or not included in the current balance, and any deposit of life insurance proceeds added to the account by reason of death of a party. (n) “Terms of the account” means the deposit agreement and other terms and conditions, including the form, of the contract of deposit. (2) A beneficiary in an account having a pay-on-death designation has no right to sums on deposit during the lifetime of any party. (3) In an account with a pay-on-death designation: (a) On the death of one of two or more parties, sums on deposit in the account belong to the surviving party or parties. (b) On the death of the sole party or the last survivor of two or more parties, sums on deposit belong to the surviving beneficiary or beneficiaries. If two or more beneficiaries survive, sums on deposit belong to them in equal

and undivided shares, and, unless otherwise provided in a depository agreement written between December 31, 1994, and July 1, 2001, there is no right of survivorship in the event of death of a beneficiary thereafter. If no beneficiary survives, sums on deposit belong to the estate of the last surviving party. (4) A pay-on-death designation in a multiple-party account without right of survivorship is ineffective. For purposes of this section, designation of an account as a tenancy in common establishes that the account is without right of survivorship. (5) The ownership right of a surviving party or beneficiary, or of the decedent’s estate, in sums on deposit is subject to requests for payment made by a party before the party’s death, whether paid by the institution before or after death, or unpaid. The surviving party or beneficiary, or the decedent’s estate, is liable to the payee of an unpaid request for payment. The liability is limited to a proportionate share of the amount transferred under this section, to the extent necessary to discharge the request for payment. (6) An institution, on request, may pay sums on deposit in an account with a pay-on-death designation to: (a) One or more of the parties, whether or not another party is disabled, incapacitated, or deceased when the payment is requested and whether or not a party survives another party; (b) The beneficiary or beneficiaries, if proof of death is presented to the institution showing that the beneficiary or beneficiaries survived all persons named as parties; or (c) The personal representative, if any, or, if there is none, the heirs or devisees of a deceased party, if proof of death is presented to the institution showing that the deceased party was the survivor of all other persons named on the account either as a party or beneficiary. (7) Payment made pursuant to this section discharges the institution from all claims for amounts so paid, whether or not the payment is consistent with the beneficial ownership of the account as between parties, beneficiaries, or their successors. Payment may be made whether or not a party or beneficiary is disabled, incapacitated, or deceased when payment

is requested, received, or made. (8) A beneficiary in an account at a credit union having a pay-on-death designation, unless the beneficiary is a member in her or his own right, may not be permitted to vote, obtain an extension of credit, or hold office or be required to pay an entrance or membership fee. (9) The following is an example of the form of a contract of deposit that may be used to select a pay-on-death account for use by one or more parties: SINGLE-PARTY ACCOUNT OR MULTIPLE-PARTY ACCOUNT WITH PAY-ON-DEATH DESIGNATION PARTIES (Name each party): __________________________ OWNERSHIP (Select one and initial): _________ SINGLE-PARTY ACCOUNT _________ MULTIPLE-PARTY ACCOUNT RIGHTS AT DEATH (Select one and initial): _________ SINGLE-PARTY ACCOUNT At death of the party, ownership passes as part of the party’s estate. _________ SINGLE-PARTY ACCOUNT WITH A PAY-ON-DEATH DESIGNATION (Name one or more beneficiaries): At death of the party, ownership passes to the designated pay-on-death beneficiaries and is not part of the party’s estate. _________ MULTIPLE-PARTY SURVIVORSHIP

ACCOUNT

WITH

RIGHT

OF

At death of a party, ownership passes to the surviving party or parties. _________ MULTIPLE-PARTY ACCOUNT WITH RIGHT SURVIVORSHIP AND A PAY-ON-DEATH DESIGNATION (Name one or more beneficiaries):

OF

__________________________ At death of the last surviving party, ownership passes to the designated pay-on-death beneficiaries and is not part of the last surviving party’s estate. HISTORY: S. 1, ch. 94-216; s. 529, ch. 97-102; s. 21, ch. 2001-243.

« Title XXXVIII. », • Ch. 655. •, « § 655.825. » Fla. Stat. § 655.825

§ 655.825. Deposits in trust; applicability of s. 655.82 in place of former s. 655.81. (1) Because deposits in trust are also accounts with a pay-on-death designation as described in s. 655.82, it is the intent of the Legislature that the provisions of s. 655.82 shall apply to and govern deposits in trust. References to former s. 655.81 in any depository agreement shall be interpreted after the effective date of this act as references to s. 655.82. (2) This section shall take effect July 1, 2001, and shall apply to deposits made to a depository account created after December 31, 1994. HISTORY: S. 3, ch. 2001-243; s. 101, ch. 2019-3, effective July 3, 2019.

« Title XXXVIII. », • Ch. 655. •, « § 655.83. » Fla. Stat. § 655.83

§ 655.83. Adverse claim to a deposit or fiduciary account. Notice to any institution of an adverse claim to a deposit or fiduciary account standing on its books to the credit of any person does not obligate the institution to recognize the adverse claimant unless the adverse claimant also either: (1) Procures a restraining order, injunction, or other appropriate process having specific application to the institution issued by a court of competent jurisdiction in a cause therein instituted by such claimant wherein the person to whose credit the deposit or fiduciary account stands is made a party and served with process; or (2) Obtains in favor of the institution, in a form, amount, and with sureties acceptable to it, a bond indemnifying the institution from any and all liability (including liabilities for penalties), loss, damage, costs, and expenses should it act to give effect to the adverse claim, including the decision not to honor the check or other order of the person to whose credit the deposit or fiduciary account stands on the books of the institution. Upon receipt of such bond, the institution shall hold the account pending agreement between the claimant and the person to whose credit the deposit or fiduciary account stands on the books of the institution or pending receipt of a restraining order, injunction, or other process pursuant to subsection (1). HISTORY: S. 51, ch. 92-303.

« Title XXXVIII. », • Ch. 655. •, « § 655.84. » Fla. Stat. § 655.84

§ 655.84. Limitations; statements as correct. (1) Unless written objection thereto has been theretofore delivered by the depositor to the institution, a statement of account rendered by any institution in this state to a depositor, with a description of the amount and type (such as deposit, withdrawal, debit, credit, or any similar designation) of entries to such account, which description may be on accompanying documents or on the statement itself, shall, after the expiration of 2 years from the date rendered, be conclusively presumed to be correct; and the depositor is thereafter barred from questioning same. (2) In the absence of a written contract between an institution and a depositor providing otherwise, the statement of account is deemed to have been rendered to the depositor within the meaning of this section when prepared and lodged by the institution at its statement window or other customary place for delivery to the depositor. Any such statement of account which is not demanded by the depositor within 3 years may be destroyed by the institution without accountability or liability therefor to anyone. (3) This section does not relieve a depositor from any duty or obligation imposed by law or by contract heretofore or hereafter made to examine such statement of account and to report any disputed debits, credits, errors, or irregularities within a shorter period of time than mentioned in this section, or from the legal consequences of the depositor’s failure to perform any such duty or obligation. HISTORY: S. 52, ch. 92-303.

« Title XXXVIII. », • Ch. 655. •, « § 655.85. » Fla. Stat. § 655.85

§ 655.85. Settlement of checks. If a check is forwarded or presented to a financial institution for payment, except when presented by the payee in person, the paying institution or remitting institution shall settle the amount of the check at par, at its option, in money or in exchange drawn on its reserve agent or agents in the City of New York or in any reserve city within the Sixth Federal Reserve District. The term “at par” applies only to the settlement of checks between collecting and paying or remitting institutions and does not apply to, or prohibit an institution from, deducting from the face amount of the check drawn on it a fee for paying the check if the check is presented to the institution by the payee in person. This section does not apply to the settlement of a check sent to such institution as a special collection item. HISTORY: S. 53, ch. 92-303; s. 12, ch. 2014-91, effective July 1, 2014. Editor’s Notes Section 13, ch. 2014-91, provides: “The Legislature intends that the amendment to s. 655.85, Florida Statutes, made by this act, clarify the relevant portions of the financial institutions codes as defined in s. 655.005, Florida Statutes, relating to fees imposed by a financial institution for the payment of checks presented in person without requiring further amendment.”

« Title XXXVIII. », • Ch. 655. •, « § 655.851. » Fla. Stat. § 655.851

§ 655.851. Unclaimed credit balances. Credit balances held by a financial institution, credit union, or participant as defined in 12 U.S.C. s. 4001(19) which result from the performance of or participation in check-clearing functions, whether pursuant to a contractual relationship between financial institutions, credit unions, or participants; through a clearinghouse as defined by s. 674.104; or through a clearinghouse association as defined by 12 U.S.C. s. 4001(8), are not subject to s. 717.117. This section is intended to clarify existing law and to be remedial in nature and applies to credit balances held before, on, or after July 1, 2007. HISTORY: S. 1, ch. 2007-142, eff. July 1, 2007.

« Title XXXVIII. », • Ch. 655. •, « § 655.86. » Fla. Stat. § 655.86

§ 655.86. Issuance of postdated checks. It is the duty of the person drawing a postdated check to notify, in writing, the separate office or branch of the institution upon which such check is drawn, giving a complete description thereof, including the name of the payee, the date, the number, and the amount thereof; otherwise, the institution is not liable for paying such check. HISTORY: S. 54, ch. 92-303.

« Title XXXVIII. », • Ch. 655. •, « § 655.89. » Fla. Stat. § 655.89

§ 655.89. Legal holidays; business days; business and transactions. (1) In this section, the term: (a) “Business day” means that part of any day on which an institution is open to the public for carrying on substantially all its banking functions, trust functions, or transactions. A financial institution is deemed to be “closed” on any day, or any part of a day, when it is not open to the public for carrying on substantially all its banking functions, trust functions, and transactions. (b) “Legal holiday” means a statutory holiday or a permissive holiday. A “statutory holiday” is any day which, by the laws of this state or the United States, is designated or recognized as a legal or public holiday. A “permissive holiday” is any one day, other than a statutory holiday, in each week on which an institution is customarily closed. (c) “Transaction” means any one or more of the functions and elements of the business of an institution and includes, but is not limited to, the receipt or giving of any notice; the receipt or acceptance of deposits; the transmission, acceptance, payment, dishonor, and giving notice of dishonor of items; and its obligations and duties with respect to all thereof; and the word “transact” means to take action or nonaction the result of which is a transaction. (2) Any institution may, but unless otherwise required by law is not required to, be closed or be open only for limited transactions and functions or purposes on any legal holiday. When an institution is closed as provided or permitted by law, it is not under any obligation or duty to conduct any of its business or effectuate any transaction. An institution is open only for limited transactions and functions or purposes when one or more, but fewer than all, of its branches, separate or other offices, departments, sections, or other functional elements of its business, which customarily are open to the public for carrying on the banking or trust business and transactions, are not open to the public for such purposes. When, as provided or permitted by law, an institution is open only for limited transactions and functions or purposes, it is not under any obligation or duty to conduct or transact, at or from such of its branches, separate or other offices, departments, sections, or other functional

elements of its business which are not open to the public for such purposes, any of the business or transactions customarily conducted or transacted therefrom or thereat. (3) When any statutory holiday occurs on a Sunday or on a day when an institution customarily is closed, such institution may, but unless otherwise required by law is not required to, elect to be closed or to be open only for limited transactions and functions or purposes on the next preceding or the next following day which, except for the provisions of this section, would not be a legal holiday, and such day so elected is, with respect to such institution, a legal holiday as to all transactions and for all purposes and laws. (4) Any legal holiday on which an institution is closed or is open only for limited transactions and functions or purposes may, if the institution elects, be deemed and treated with respect to all transactions and for all purposes and laws, including, but not limited to, the Uniform Commercial Code, as not a business day; and any notice, item, or deposit of money received on any such day may be treated as being received at the opening of the next business day, and any transaction or other business which would or should have occurred or been transacted on any such legal holiday may be treated as postponed by law to the next business day. (5) An institution may establish the regular and customary hours of each day during which each of its branches, separate or other offices, departments, sections, or functional elements of its business will be operated for the transaction of the business customarily conducted or transacted at or from each such branch, office, department, section, or functional element of business, and the regular and customary hours during which each thereof will be open to the public for the conduct of such business and transactions, and it is not necessary that the same hours be established for all thereof or that the hours so established for any thereof be the same on every day. (6) With prior written approval of the office, an institution may designate another day or other days on which the institution may be closed and which day or days will not be considered business days. (7) An institution may, but unless otherwise required by law is not under or subject to any obligation or duty to, effectuate any transaction or

transact any business on any legal holiday; at any time before the beginning, or after the close, of its business day; or outside the regular and customary hours established as provided in subsection (5) or subsection (6) of any separate or other office or branch or any department, section, or functional element of business. If the institution elects to do so, it has all the rights provided by law with respect to such transaction or business, and, at its election, any such transactions or business shall be treated as having occurred or as having been transacted on that day or on its next following business day, except that any transaction or business occurring before the beginning of its regular business day shall be treated as occurring at the beginning of that business day. (8) No liability or loss of rights of any kind on the part of any institution accrues or results by reason of any institution being closed or open only for limited functions or purposes, or by reason of any branch, separate or other office, department, section, or functional element of business being operated or open for the transaction of business only during the regular and customary hours established by the institution, as provided in this section. HISTORY: S. 55, ch. 92-303; s. 1732, ch. 2003-261.

« Title XXXVIII. », • Ch. 655. •, « § 655.90. » Fla. Stat. § 655.90

§ 655.90. Closing during emergencies and other special days. (1) Definitions. — As used in this section, the term: (a) “Commissioner” means the director of the Office of Financial Regulation and any other person lawfully exercising such powers. (b) “Emergency” means any condition or occurrence, actual or threatened, which may interfere physically with the conduct of normal business operations of an institution or of one or more or all of the departments, sections, functions, offices, or facilities of an institution, or which poses an imminent or existing threat to the safety or security of persons or property, or both. Without limiting the generality of the foregoing, an emergency may exist, arise, or be imminent as the result of any one or more, actual or threatened, of the following: fires; floods; earthquakes; tornadoes; hurricanes; wind, rain, or other storms; labor disputes and strikes; power failures; transportation failures; interruption of communication facilities; shortages of fuel, food, transportation, or labor; robberies or burglaries or attempted robberies or burglaries; actual or threatened enemy attacks; epidemics or other catastrophes; explosions; and riots, civil commotions, and other acts of lawlessness or violence, actual or threatened. (c) “Office” means any place at which an institution transacts its business or conducts operations relating to its business. However, this section does not authorize an institution to conduct its banking business at any place or places not otherwise authorized or permitted by law. (d) “Officers” means the person or persons designated by the board of directors, board of trustees, or other governing body of an institution to act for the institution in carrying out the provisions of this section or, in the absence of any such designation or in the absence of the officers so designated, the president or any other officer currently in charge of the institution or of the office or offices in question. (e) The authorizations herein provided for an institution “to close” in case of an emergency means and includes the authority not to open on any business or banking day and, if having opened, to close and suspend business.

(2) Powers of commissioner. — Whenever the commissioner is of the opinion that an emergency exists, or is impending, in this state or in any part of this state, he or she may, by proclamation, authorize state and nationally or federally chartered institutions, if not inconsistent with, and if it does not infringe upon, paramount federal law, located in the affected area or areas to close or to close any or all the departments, sections, functions, offices, or facilities thereof. In addition, if the commissioner is of the opinion that an emergency exists, or is impending, which affects, or may affect, a particular institution or institutions, or one or more particular departments, sections, functions, offices, or facilities thereof, but not institutions located in the area generally, he or she may authorize the particular institution or institutions to close or to close one or more of the departments, sections, functions, offices, or facilities thereof. The institution or institutions affected by any such proclamation or authorization may close in accordance therewith. Such institutions and such of the departments, sections, functions, offices, or facilities thereof so closed may remain closed until the commissioner proclaims that the emergency has ended, or until such earlier time as the officers of the institution determine that the institution or any of its departments, sections, functions, offices, or facilities, theretofore closed because of the emergency, should reopen, and, in either event, for such further time thereafter as may reasonably be required to reopen. (3) Powers of officers. (a) Whenever the officers of an institution are of the opinion that an emergency exists, or is impending, which affects, or may affect, the institution or one or more or all of its departments, sections, functions, offices, or facilities, they shall have the authority, in the reasonable exercise of their discretion, to close the institution or any one or more or all of the departments, sections, functions, offices, or facilities thereof on any business day or days during the continuation of such emergency, even if the commissioner has not issued and does not issue a proclamation of emergency. The office or offices so closed may remain closed until such time as the officers determine that the emergency has ended and for such further time thereafter as may reasonably be required to reopen. However, in no case may such institution or any department, section, function, office, or facility thereof remain closed pursuant to this paragraph for more than 48

consecutive hours, excluding other legal holidays, without requesting the approval of the commissioner. (b) The officers of an institution may close the institution or any one or more or all of the institution’s departments, sections, functions, offices, or facilities on any day or days designated, by proclamation of the President of the United States or the Governor of this state, as a day or days of mourning, rejoicing, or other special observance. (4) Notice to be given. (a) An institution chartered under the laws of this state closing, or closing any of its departments, sections, functions, offices, or facilities, pursuant to the authority granted under subsection (3) shall give notice of its action to the commissioner as promptly as conditions reasonably permit and by any means reasonably available. (b) A national or federal institution closing, or closing any of its departments, sections, functions, offices, or facilities, pursuant to the authority granted by this section shall give notice of its action to the appropriate federal regulatory agency as promptly as conditions reasonably permit and by any means reasonably available. (5) Effect of closing and partial closing. (a) Any day on which an institution, or any one or more of its departments, sections, functions, offices, or facilities, is closed during all or any part of its normal banking hours pursuant to the authorization granted in this section is, with respect to such institution or, if not all its departments, sections, functions, offices, or facilities are closed, then with respect to any of its departments, sections, functions, offices, or facilities which are closed, a legal holiday for all purposes with respect to any business of any kind or character of the institution, or of any of its departments, sections, functions, offices, or facilities, so closed, including, but without limiting the generality of the foregoing, matters relating to the time payable, the presenting for payment or acceptance, and the protesting and giving notice of protest and notice of dishonor of bills of exchange, checks, promissory notes, and other items drawn on or payable at such institution and relating to any other banking business of any kind or character. No liability or loss of rights of any kind on the part of any institution or director, officer, or employee thereof accrues or

results by virtue of any closing authorized by this section. (b) On any day which by the provisions of this section is deemed or declared to be a legal holiday with respect to any institution or institutions or office or offices thereof, the officers thereof may, in the exercise of their discretion, cause such institution or any office thereof to open its doors or facilities for the transaction or conduct of a limited business by the operation of one or more, but less than all, of its departments, sections, offices, functions, or facilities. On any day when, pursuant to the provisions of this section, less than all the departments, sections, functions, offices, or facilities are open, at the election of such institution the limited business transacted or conducted on such day is deemed for all purposes as transacted or conducted on the next following business day which is not deemed or declared as a legal holiday pursuant to the provisions of this section or of any other provision of law. (6) Provisions cumulative. — The provisions of this section shall be construed and applied as being in addition to, and not in substitution for or limitation of, any other law of this state or of the United States authorizing the closing of an institution or excusing the delay by an institution in the performance of its duties and obligations because of emergencies or conditions beyond the institution’s control or otherwise. HISTORY: S. 56, ch. 92-303; s. 530, ch. 97-102; s. 31, ch. 99-155; s. 1733, ch. 2003261.

« Title XXXVIII. », • Ch. 655. •, « § 655.91. » Fla. Stat. § 655.91

§ 655.91. Records of institutions and copies thereof; retention and destruction. (1) In this section, “records” of an institution means and includes all books of account and other books of every kind, journals, ledgers, statements, instruments, documents, files, messages, writings of every kind, and other internal or other data and other information of every description, made or received by an institution in the regular course of its business or otherwise, regardless of the mode in which it is recorded. (2) Institutions need not preserve or retain any of their records or copies thereof for a period longer than is expressly required by an applicable statute or rule or regulation of this state or the United States which identifies, either specifically or by type or category, the relevant records or copies thereof or, if there is no such statute or rule or regulation which specifies a retention period applicable to the records or copies thereof, for a period longer than 5 years. An institution may destroy any of its records or copies thereof after the expiration of the retention period determined as provided in this subsection. (3) No liability shall accrue against any institution because of the destruction of any of its records or copies thereof as permitted by subsection (2), and in any judicial or other action or proceeding in which any such records or copies thereof may be called in question or be demanded of the institution or any officer or employee thereof, a showing that such records or copies thereof have been destroyed in accordance with the provisions of subsection (2) is a sufficient excuse for the failure to produce them. (4) Any institution may at any time make, or cause to be made, a copy or copies of any or all of its records, and any such copy duly certified, authenticated, or identified by a responsible officer or agent of the institution under whose supervision the records or copies are kept shall, in all cases and in all courts and places, be admitted and received as evidence with a like force and effect as the original record, whether or not the original is in existence.

(5) The original of any record of an institution includes the data or other information comprising a record stored or transmitted in or by means of any electronic, computerized, mechanized, or other information storage or retrieval or transmission system or device which can upon request generate, regenerate, or transmit the precise data or other information comprising the record; and an original also includes the visible data or other information so generated, regenerated, or transmitted if it is legible or can be made legible by enlargement or other process. (6) Copies of records of an institution, heretofore or hereafter made, include duplicates or counterparts of an original produced from the same impression or process as the original by carbon or other chemical or substance or process; negative and positive film and prints of an original or copy and reproductions and facsimiles of an original or copy, whether or not the same size, produced by photographic, microphotographic, photostatic, xerographic, electronic, computerized, or mechanized process, or by any other process, and enlargements and reductions thereof; and the data or other information comprising a record stored or transmitted as provided in subsection (5), and the visible data or other information generated or regenerated or transmitted by such information storage or retrieval or transmission system or device, if it is legible or can be made legible by enlargement or other process. HISTORY: S. 57, ch. 92-303.

« Title XXXVIII. », • Ch. 655. •, « § 655.921. » Fla. Stat. § 655.921

§ 655.921. Transaction of business by out-of-state financial institutions; exempt transactions. (1) The financial institutions codes do not prohibit a financial institution or business trust that has its principal place of business outside this state and that does not operate branches in this state from: (a) Contracting in this state with any person to acquire from such person a part, or the entire, interest in a loan that such person makes, together with a like interest in any security instrument covering real or personal property in the state given to such person to secure or evidence such loan. (b) Entering into mortgage servicing contracts with persons authorized to transact business in this state and enforcing in this state the obligations acquired by it in the transaction of business outside this state or in the transaction of any business authorized by this section. (c) Acquiring, holding, leasing, mortgaging, contracting with respect to, or otherwise protecting, managing, or conveying property in this state which is assigned, transferred, mortgaged, or conveyed to it as security for, or in whole or in part in satisfaction of, a loan or loans made by it or obligations acquired by it in the transaction of any business authorized by this section. (d) Making loans or committing to make loans to any person located in this state and soliciting compensating deposit balances in connection therewith. (e) Filing suit in any court in this state to collect any debt or foreclose on any security interest in collateral securing a debt. (2) A financial institution or business trust may not be deemed to be transacting business in this state, or be required to qualify to do so, solely by reason of the performance of any of the acts or business authorized in this section. HISTORY: S. 58, ch. 92-303; s. 10, ch. 2004-340; s. 93, ch. 2004-390; s. 14, ch. 201491, effective July 1, 2014.

« Title XXXVIII. », • Ch. 655. •, « § 655.922. » Fla. Stat. § 655.922

§ 655.922. Banking business by unauthorized persons; use of name. (1) Only a financial institution authorized to do business in this state pursuant to the financial institutions codes of any state or federal law may engage in the business of soliciting or receiving funds for deposit, issuing certificates of deposit, or paying checks in this state; and only such financial institution may establish or maintain a place of business in this state for any of the functions, transactions, or purposes identified in this subsection. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not prohibit the issuance or sale by a financial institution of traveler’s checks, money orders, or other instruments for the transmission or payment of money, by or through employees or agents of the financial institution off the financial institution’s premises. (2) Only a financial institution authorized to do business in this state as provided under subsection (1) may: (a) Transact or solicit business under any name or title that contains the words “bank,” “banc,” “banco,” “banque,” “banker,” “banking,” “trust company,” “savings and loan association,” “savings bank,” or “credit union,” or words of similar import, in any context or in any manner; (b) Use any name, word, trademark, service mark, trade name, Internet address, logo, sign, symbol, or device in any context or in any manner; or (c) Circulate or use any letterhead, billhead, circular, paper, electronic media, Internet website or posting, or writing of any kind or otherwise advertise or represent in any manner, which indicates or reasonably implies that the business being solicited, conducted, or advertised is the kind or character of business transacted or conducted by a financial institution or which is likely to lead any person to believe that such business is that of a financial institution; however, the words “bank,” “banc,” “banco,” “banque,” “banker,” “banking,” “trust company,” “savings and loan association,” “savings bank,” or “credit union,” or the plural of any thereof, may be used by, and in the corporate or other

name or title of, any company that is or becomes a holding company of a financial institution pursuant to state or federal law; any subsidiary of such holding company which includes as a part of its name or title all or any part, or abbreviations, of the name or title of the holding company of which it is a subsidiary; any trade organization or association, whether or not incorporated, functioning for the purpose of promoting the interests of financial institutions or holding companies, the active members of which are financial institutions or holding companies; and any international development bank chartered pursuant to part II of chapter 663. (3) A person may not use the name, trademark, service mark, trade name, Internet address, or logo of a financial institution or an affiliate or subsidiary thereof, or use a name similar to that of a financial institution or an affiliate or subsidiary thereof, to market or solicit business from a customer or prospective customer of such institution if: (a) The solicitation is done without the written consent of the financial institution or its affiliate or subsidiary; and (b) A reasonable person would believe that the materials originated from, are endorsed by, or are connected with the financial institution or its affiliates or subsidiaries. (4) A financial institution, affiliate, subsidiary, or service corporation may not do business, solicit, or advertise in this state using a name, trademark, service mark, trade name, Internet address, or logo that may mislead consumers or cause confusion as to the identification of the proper legal business entity or the nature of the financial institution’s business. (5) Any court, in a proceeding brought by the office, by a financial institution the principal place of business of which is in this state, or by any other person residing or whose principal place of business is in this state and whose interests are substantially affected thereby, may enjoin any person from violating any provision of this section. Except for a financial institution duly chartered by the office, the office may also seek an order from the circuit court for the annulment or dissolution of a corporation or any other business entity found violating any provision of this section. For the purposes of this subsection, the interests of a trade organization or association are deemed to be substantially affected if the interests of its members are so affected. The office may also issue and serve upon any

person who violates any provision of this section an emergency cease and desist order or a complaint seeking a cease and desist order in accordance with s. 655.033. The office is not required to make any finding or determination that a violation of this section is likely to result in insolvency, substantial dissipation of assets or earnings, or substantial prejudice to any person in association with the issuance of an emergency cease and desist order. (6) This section does not prohibit the lawful establishment or operation of a financial institution, affiliate, subsidiary, or service corporation or prohibit any advertisement or other activity in this state by any person if such prohibition would contravene any applicable federal law that preempts the law of this state. HISTORY: S. 59, ch. 92-303; s. 12, ch. 96-168; s. 1734, ch. 2003-261; s. 11, ch. 2004340; s. 94, ch. 2004-390; s. 101, ch. 2013-18, eff. July 2, 2013; s. 15, ch. 2014-91, effective July 1, 2014.

« Title XXXVIII. », • Ch. 655. •, « § 655.93. » Fla. Stat. § 655.93

§ 655.93. Definitions for ss. 655.93-655.94. As used in ss. 655.93-655.94, the term: (1) “Lessee” means a person who contracts with a lessor for the use of a safe-deposit box. (2) “Lessor” means a financial institution that rents safe-deposit facilities. (3) “Safe-deposit box” means a safe-deposit box, vault, or other safedeposit receptacle maintained by a lessor, and the rules relating thereto apply to property or documents kept in safekeeping in the financial institution’s vault. HISTORY: S. 60, ch. 92-303.

« Title XXXVIII. », • Ch. 655. •, « § 655.931. » Fla. Stat. § 655.931

§ 655.931. Authority to engage in safe-deposit business. A financial institution may maintain and lease safe-deposit boxes and may accept property or documents for safekeeping if, except in the case of property or documents accepted through night depositories, it issues a receipt therefor. HISTORY: S. 61, ch. 92-303.

« Title XXXVIII. », • Ch. 655. •, « § 655.932. » Fla. Stat. § 655.932

§ 655.932. Lease to minor. A lessor may lease a safe-deposit box to, and in connection therewith deal with, a minor with the same effect as if leasing to and dealing with a person of full legal capacity. HISTORY: S. 62, ch. 92-303.

« Title XXXVIII. », • Ch. 655. •, « § 655.933. » Fla. Stat. § 655.933

§ 655.933. Access by fiduciaries. If a safe-deposit box is made available by a lessor to one or more persons acting as fiduciaries, the lessor may, except as otherwise expressly provided in the lease or the writings pursuant to which such fiduciaries are acting, allow access thereto as follows: (1) By any one or more of the persons acting as personal representatives. (2) By any one or more of the persons otherwise acting as fiduciaries if authorized in writing, which writing is signed by all other persons so acting. (3) By any agent authorized in writing, which writing is signed by all persons acting as fiduciaries. HISTORY: S. 63, ch. 92-303.

« Title XXXVIII. », • Ch. 655. •, « § 655.934. » Fla. Stat. § 655.934

§ 655.934. Effect of lessee’s death or incapacity. If a lessor without knowledge of the death or an order determining the incapacity of the lessee deals with the lessee’s agent in accordance with a written power of attorney or a durable power of attorney signed by such lessee, the transaction binds the lessee’s estate and the lessee. HISTORY: S. 64, ch. 92-303; s. 1, ch. 2010-132, eff. Oct. 1, 2010.

« Title XXXVIII. », • Ch. 655. •, « § 655.935. » Fla. Stat. § 655.935

§ 655.935. Search procedure on death of lessee. If satisfactory proof of the death of the lessee is presented, a lessor shall permit the person named in a court order for that purpose, or if no order has been served upon the lessor, the spouse, a parent, an adult descendant, or a person named as a personal representative in a copy of a purported will produced by such person, to open and examine the contents of a safe-deposit box leased or coleased by a decedent, or any documents delivered by a decedent for safekeeping, in the presence of an officer of the lessor. (1) If requested by such person, the lessor shall remove and deliver only: (a) Any writing purporting to be a will of the decedent, to the court having probate jurisdiction in the county in which the financial institution is located. (b) Any writing purporting to be a deed to a burial plot or to give burial instructions, to the person making the request for a search. (c) Any document purporting to be an insurance policy on the life of the decedent, to the beneficiary named therein. (2) The officer of the lessor shall make a complete copy of any document removed and delivered pursuant to this section and place that copy, together with a memorandum of delivery identifying the name of the officer, the person to whom the document was delivered, the purported relationship of the person to whom the document was delivered, and the date of delivery, in the safe-deposit box leased or coleased by the decedent. (3) The lessor may charge reasonable fees to cover costs incurred pursuant to this section. (4) Access granted pursuant to this section is not considered the initial opening of the safe-deposit box pursuant to s. 733.6065. HISTORY: S. 65, ch. 92-303; s. 1, ch. 2006-134, eff. July 1, 2006; s. 67, ch. 2006-213, eff. October 1, 2006; s. 2, ch. 2010-132, eff. Oct. 1, 2010.

« Title XXXVIII. », • Ch. 655. •, « § 655.936. » Fla. Stat. § 655.936

§ 655.936. Delivery of safe-deposit box contents or property held in safekeeping to personal representative. (1) Subject to the provisions of subsection (3), the lessor shall immediately deliver to a personal representative appointed by a court in this state, upon presentation of a certified copy of his or her letters of authority, all property deposited with it by the decedent for safekeeping, and shall grant the personal representative access to any safe-deposit box in the decedent’s name and permit him or her to remove from such box any part or all of the contents thereof. (2) If a personal representative of a deceased lessee has been appointed by a court of any other state, a lessor may, at its discretion, after 3 months from the issuance to such personal representative of his or her letters of authority, deliver to such personal representative all properties deposited with it for safekeeping and the contents of any safe-deposit box in the name of the decedent if at such time the lessor has not received written notice of the appointment of a personal representative in this state, and such delivery is a valid discharge of the lessor for all property or contents so delivered. A personal representative appointed by a court of any other state shall furnish the lessor with an affidavit setting forth facts showing the domicile of the deceased lessee to be other than this state and stating that there are no unpaid creditors of the deceased lessee in this state, together with a certified copy of his or her letters of authority. A lessor making delivery pursuant to this subsection shall maintain in its files a receipt executed by such personal representative which itemizes in detail all property so delivered. (3) Notwithstanding the provisions of subsection (1), after the death of a lessee of a safe-deposit box, the lessor shall permit the initial opening of the safe-deposit box and the removal of the contents of the safe-deposit box in accordance with s. 733.6065. (4) A lessor is not liable for damages or penalty by reason of any delivery made pursuant to this section. HISTORY:

S. 66, ch. 92-303; s. 531, ch. 97-102; s. 12, ch. 97-240; s. 3, ch. 2001-226; s. 2, ch. 2006-134, eff. July 1, 2006; s. 68, ch. 2006-213, eff. October 1, 2006.

« Title XXXVIII. », • Ch. 655. •, « § 655.937. » Fla. Stat. § 655.937

§ 655.937. Access to safe-deposit boxes leased in two or more names. (1) Unless specifically provided in the lease or rental agreement to the contrary, if a safe-deposit box is rented or leased in the names of two or more lessees, access to the safe-deposit box will be granted to: (a) Either or any of such lessees, regardless of whether or not the other lessee or lessees or any of them are living or competent. (b) Subject to s. 655.933, those persons named in s. 655.933. (c) Subject to s. 655.935, those persons named in s. 655.935. (d) Subject to s. 733.6065, the personal representative of the estate of either or any of such lessees who is deceased, or the guardian of the property of either or any of such lessees who is incapacitated. (2) In all cases described in subsection (1), the signature on the safedeposit entry or access record, or the receipt or acquittance, in the case of property or documents otherwise held for safekeeping, is a valid and sufficient release and discharge to the lessor for granting access to such safe-deposit box or for the delivery of such property or documents otherwise held for safekeeping. (3) A lessor may not be held liable for damages or penalty by reason of any access granted or delivery made pursuant to this section. (4) The right of access by a colessee is separate from the rights and responsibilities of other persons who may be granted access to a safedeposit box after the death or incapacity of another colessee, and such right of access is not subject to the provisions of s. 655.935, s. 733.6065, or other requirements imposed upon personal representatives, guardians, or other fiduciaries. (5) After the death of a colessee, the surviving colessee or any other person who is granted access to the safe-deposit box pursuant to this section may make a written inventory of the box, which must be conducted by the person making the request in the presence of one other person as specified in this subsection. Each person present shall verify the contents

of the box by signing a copy of the inventory under penalty of perjury. (a) If the person making the written inventory is a surviving colessee, the other person may be any other person granted access pursuant to this section, an employee of the institution where the box is located, or an attorney licensed in this state. (b) If the person making the written inventory is not a surviving colessee, the other person may be a surviving colessee, an employee of the institution where the box is located, or an attorney licensed in this state. HISTORY: S. 67, ch. 92-303; s. 3, ch. 2006-134, eff. July 1, 2006; s. 69, ch. 2006-213, eff. October 1, 2006.

« Title XXXVIII. », • Ch. 655. •, « § 655.938. » Fla. Stat. § 655.938

§ 655.938. Adverse claims to contents of safe-deposit box. (1) An adverse claim to the contents of a safe-deposit box, or to property held in safekeeping, is not sufficient to require the lessor to deny access to its lessee unless: (a) The lessor is directed to do so by a court order issued in an action in which the lessee is served with process and named as a party by a name which identifies the lessee with the name in which the safe-deposit box is leased or the property held; or (b) The safe-deposit box is leased or the property is held in the name of a lessee with the addition of words indicating that the contents or property are held in a fiduciary capacity, and the adverse claim is supported by a written statement of facts disclosing that it is made by, or on behalf of, a beneficiary and that there is reason to know that the fiduciary will misappropriate the trust property. (2) A claim is also an adverse claim if one of several lessees claims, contrary to the terms of the lease, an exclusive right of access, or if one or more persons claim a right of access as agents or officers of a lessee to the exclusion of others as agents or officers, or if it is claimed that a lessee is the same person as one using another name. HISTORY: S. 68, ch. 92-303.

« Title XXXVIII. », • Ch. 655. •, « § 655.939. » Fla. Stat. § 655.939

§ 655.939. Limiting right of access for failure to comply with security procedures. If any individual who has a right of access to a safe-deposit box is unwilling or unable for any reason or cause to comply with any of the lessor’s normal requirements or procedures in connection with such access relating to security, safety, or protection, the lessor has the right to limit or deny access to the safe-deposit box by such individual unless all lessees of such safe-deposit box take such action as is necessary to ensure reasonable compliance with such security, safety, or protection requirements or procedures. HISTORY: S. 69, ch. 92-303.

« Title XXXVIII. », • Ch. 655. •, « § 655.94. • Fla. Stat. § 655.94

§ 655.94. Special remedies for nonpayment of rent. (1) If the rental due on a safe-deposit box has not been paid for 3 months, the lessor may send a notice by certified mail to the last known address of the lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the box may be opened in the presence of an officer of the lessor and of a notary public. The contents shall be sealed in a package by a notary public who shall write on the outside the name of the lessee and the date of the opening. The notary public shall execute a certificate reciting the name of the lessee, the date of the opening of the box, and a list of its contents. The certificate shall be included in the package, and a copy of the certificate shall be sent by certified mail to the last known address of the lessee. The package shall then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the box. The lessor has a lien on the package and its contents to the extent of any rental due and owing plus the actual, reasonable costs of removing the contents from the safe-deposit box. (2) If the contents of the safe-deposit box have not been claimed within 1 year after the mailing of the certificate, the lessor may send a further notice to the last known address of the lessee stating that, unless the accumulated charges are paid within 30 days, the contents of the box will be sold at public auction at a specified time and place or, in the case of securities listed on a stock exchange, will be sold upon the exchange on or after a specified date and unsalable items will be destroyed. The time, place, and manner of sale shall also be posted conspicuously on the premises of the lessor and advertised once in a newspaper of general circulation in the community. If the articles are not claimed, they may then be sold in accordance with the notice. The balance of the proceeds, after deducting accumulated charges, including the expenses of advertising and conducting the sale, shall be deposited to the credit of the lessee in any account maintained by the lessee, or, if none, shall be deemed a deposit account with the financial institution operating the safe-deposit facility,

and shall be identified on the books of the financial institution as arising from the sale of contents of a safe-deposit box. (3) Any documents or writings of a private nature, and having little or no apparent value, need not be offered for sale, but shall be retained, unless claimed by the owner, for the period specified for unclaimed contents, after which they may be destroyed. HISTORY: S. 70, ch. 92-303; s. 12, ch. 2004-340; s. 95, ch. 2004-390.

« Title XL. » Fla. Stat. Title XL

TITLE XL. REAL AND PERSONAL PROPERTY. ________ « Title XL. », • Ch. 689. » Fla. Stat. Title XL, Ch. 689

CHAPTER 689. CONVEYANCES OF LAND AND DECLARATIONS OF TRUST. « Title XL. », • Ch. 689. », • § 689.01. » Fla. Stat. § 689.01

§ 689.01. How real estate conveyed. — (1) No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in, or out of any messuages, lands, tenements, or hereditaments shall be created, made, granted, transferred, or released in any manner other than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring, or releasing such estate, interest, or term of more than 1 year, or by the party’s lawfully authorized agent, unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to, or out of any messuages, lands, tenements, or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party’s lawfully authorized agent, or by the act and operation of law; provided, however, that no subscribing witnesses shall be required for a lease of real property or any such instrument pertaining to a lease of real property. No seal shall be necessary to give validity to any instrument executed in conformity with this section. Corporations may execute any and all conveyances in accordance with the provisions of this section or ss. 692.01 and 692.02. (2) For purposes of this chapter: (a) Any requirement that an instrument be signed in the presence of two subscribing witnesses may be satisfied by witnesses being present and electronically signing by means of audio-video communication technology, as defined in s. 117.201. (b) The act of witnessing an electronic signature is satisfied if a witness is in the physical presence of the principal or present through audio-video

communication technology at the time the principal affixes his or her electronic signature and the witness hears the principal make a statement acknowledging that the principal has signed the electronic record. (c) The terms used in this subsection have the same meanings as the terms defined in s. 117.201. (3) All acts of witnessing made or taken in the manner described in subsection (2) are validated and, upon recording, may not be denied to have provided constructive notice based on any alleged failure to have strictly complied with this section or the laws governing notarization of instruments, including online notarization. This subsection does not preclude a challenge to the validity or enforceability of an instrument or electronic record based upon fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, unconscionability, or any other basis not related to the act of witnessing. HISTORY: S. 1, Nov. 15, 1828; RS 1950; GS 2448; RGS 3787; CGL 5660; s. 4, ch. 20954, 1941; s. 751, ch. 97-102; s. 2, ch. 2008-35, eff. July 1, 2008; s. 21, ch. 2019-71, effective January 1, 2020; s. 1, ch. 2020-102, effective July 1, 2020.

« Title XL. », • Ch. 689. », « § 689.02. » Fla. Stat. § 689.02

§ 689.02. Form of warranty deed prescribed. (1) Warranty deeds of conveyance to land may be in the following form, viz.: “This indenture, made this _____ day of _____ A.D. _____, between _____, of the County of _____ in the State of _____, party of the first part, and _____, of the County of, in the State of _____, party of the second part, witnesseth: That the said party of the first part, for and in consideration of the sum of _____ dollars, to her or him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, her or his heirs and assigns forever, the following described land, to wit: And the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever.” (2) The form for warranty deeds of conveyance to land shall include a blank space for the property appraiser’s parcel identification number describing the property conveyed, which number, if available, shall be entered on the deed before it is presented for recording. The failure to include such blank space or the parcel identification number, or the inclusion of an incorrect parcel identification number, does not affect the validity of the conveyance or the recordability of the deed. Such parcel identification number is not a part of the legal description of the property otherwise set forth in the deed and may not be used as a substitute for the legal description of the property being conveyed. HISTORY: S. 1, ch. 4038, 1891; GS 2449; RGS 3788; CGL 5661; s. 1, ch. 87-66; s. 17, ch. 88-176; s. 60, ch. 89-356; s. 752, ch. 97-102; s. 1, ch. 2013-241, eff. Oct. 1, 2013.

« Title XL. », • Ch. 689. », « § 689.03. » Fla. Stat. § 689.03

§ 689.03. Effect of such deed. A conveyance executed substantially in the foregoing form shall be held to be a warranty deed with full common-law covenants, and shall just as effectually bind the grantor, and the grantor’s heirs, as if said covenants were specifically set out therein. And this form of conveyance when signed by a married woman shall be held to convey whatever interest in the property conveyed which she may possess. HISTORY: S. 2, ch. 4038, 1891; GS 2450; RGS 3789; CGL 5662; s. 5, ch. 20954, 1941; s. 753, ch. 97-102.

« Title XL. », • Ch. 689. », « § 689.04. » Fla. Stat. § 689.04

§ 689.04. How executed. Such deeds shall be executed and acknowledged as is now or may hereafter be provided by the law regulating conveyances of realty by deed. HISTORY: S. 3, ch. 4038, 1891; GS 2451; RGS 3790; CGL 5663.

« Title XL. », • Ch. 689. », « § 689.041. » Fla. Stat. § 689.041

§ 689.041. Curative procedure for scrivener’s errors in deeds. (1) As used in this section, the term: (a) “Erroneous deed” means any deed, other than a quitclaim deed, which contains a scrivener’s error. (b) “Intended real property” means the real property vested in the grantor and intended to be conveyed by the grantor in the erroneous deed. (c) “Scrivener’s error” means a single error or omission in the legal description of the intended real property in no more than one of the following categories: 1. An error or omission in no more than one of the lot or block identifications of a recorded platted lot; however, the transposition of the lot and block identifications is considered one error for the purposes of this subparagraph; 2. An error or omission in no more than one of the unit, building, or phase identifications of a condominium or cooperative unit; or 3. An error or omission in no more than one directional designation or numerical fraction of a tract of land that is described as a fractional portion of a section, township, or range; however, an error or omission in the directional description and numerical fraction of the same call is considered one error for the purposes of this subparagraph. The term “scrivener’s error” does not include any error in a document that contains multiple errors. (2) A deed that contains a scrivener’s error conveys title to the intended real property as if there had been no scrivener’s error and, likewise, each subsequent erroneous deed containing the identical scrivener’s error conveys title to the intended real property as if there had been no such error if all of the following apply: (a) Record title to the intended real property was held by the grantor of the first erroneous deed at the time the first erroneous deed was executed.

(b) Within the 5 years before the record date of the erroneous deed, the grantor of any erroneous deed did not hold title to any other real property in the same subdivision, condominium, or cooperative development or in the same section, township, and range, described in the erroneous deed. (c) The intended real property is not described exclusively by a metes and bounds legal description. (d) A curative notice is recorded in the official records of the county in which the intended real property is located which evidences the intended real property to be conveyed by the grantor. (3) A curative notice must be in substantially the following form: Curative Notice, Per Sec. 689.041, F.S. Scrivener’s Error in Legal Description The undersigned does hereby swear and affirm: 1. The deed which transferred title from (Insert Name) to (Insert Name) on (Date) and recorded on (Record Date) in O.R. Book ____, Page ____, and/or Instrument No. ____, of the official records of (Name of County), Florida, (hereinafter referred to as “first erroneous deed”) contained the following erroneous legal description: (Insert Erroneous Legal Description) 2. The deed transferring title from (Insert Name) to (Insert Name) and recorded on (Record Date) in O.R. Book ____, Page ____, and/or Instrument No. ____, of the official records of (Name of County), Florida, contains the same erroneous legal description described in the first erroneous deed. (Insert and repeat paragraph 2. as necessary to include each subsequent erroneous deed in the chain of title containing the same erroneous legal description) 3. I have examined the official records of the county in which the intended real property is located and have determined that the deed dated (Date), and recorded on (Record Date) in O.R. Book ____, Page ____, and/or Instrument No. ____, official records of (Name of County), Florida, establishes that record title to the intended real property was held by the

grantor of the first erroneous deed at the time the first erroneous deed was executed. 4. I have examined or have had someone else examine the official records of (Name of County), Florida, and certify that: a. Record title to the intended real property was held by the grantor of the first erroneous deed, (Insert Name), at the time that deed was executed. b. The grantor of the first erroneous deed and the grantors of any subsequent erroneous deeds listed above did not hold record title to any property other than the intended real property in either the same subdivision, condominium, or cooperative or the same section, township, and range, if described in this manner, at any time within the 5 years before the date that the erroneous deed was executed. c. The intended real property is not described by a metes and bounds legal description. 5. This notice is made to establish that the real property described as (insert legal description of the intended real property) (hereinafter referred to as the “intended real property”) was the real property that was intended to be conveyed in the first erroneous deed and all subsequent erroneous deeds. (Signature) (Printed Name) Sworn to (or affirmed) and subscribed before me this ____ day of____, (year), by (name of person making statement). (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known ____ OR Produced Identification ____ Type of Identification Produced ____ (4) The clerk of the circuit court where the intended real property is located shall accept and record curative notices in the form described in subsection (3) as evidence of the intent of the grantor in the erroneous deed to convey the intended real property to the grantee in the erroneous deed. (5) A curative notice recorded pursuant to this section operates as a

correction of the first erroneous deed and all subsequent erroneous deeds containing the same scrivener’s error described in the curative notice and releases any cloud or encumbrance that any of the erroneous deeds may have created as to any property other than the intended real property. The correction relates back to the record date of the first erroneous deed. (6) The remedies under this section are not exclusive and do not abrogate any right or remedy under the laws of this state other than this section. History. S. 1, ch. 2020-33, effective July 1, 2020.

« Title XL. », • Ch. 689. », « § 689.045. » Fla. Stat. § 689.045

§ 689.045. Conveyances to or by partnership. (1) Any estate in real property may be acquired in the name of a limited partnership. Title so acquired must be conveyed or encumbered in the partnership name. Unless otherwise provided in the certificate of limited partnership, a conveyance or encumbrance of real property held in the partnership name, and any other instrument affecting title to real property in which the partnership has an interest, must be executed in the partnership name by one of the general partners. (2) Every conveyance to a limited partnership in its name recorded before January 1, 1972, as required by law while the limited partnership was in existence is validated and is deemed to convey the title to the real property described in the conveyance to the partnership named as grantee. (3) When title to real property is held in the name of a limited partnership or a general partnership, one of the general partners may execute and record, in the public records of the county in which such partnership’s real property is located, an affidavit stating the names of the general partners then existing and the authority of any general partner to execute a conveyance, encumbrance, or other instrument affecting such partnership’s real property. The affidavit shall be conclusive as to the facts therein stated as to purchasers without notice. HISTORY: S. 2, ch. 71-9; s. 71, ch. 86-263; s. 23, ch. 95-242. Editor’s notes. Former s. 620.081.

« Title XL. », • Ch. 689. », « § 689.05. » Fla. Stat. § 689.05

§ 689.05. How declarations of trust proved. All declarations and creations of trust and confidence of or in any messuages, lands, tenements or hereditaments shall be manifested and proved by some writing, signed by the party authorized by law to declare or create such trust or confidence, or by the party’s last will and testament, or else they shall be utterly void and of none effect; provided, always, that where any conveyance shall be made of any lands, messuages or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by the act and operation of law, then, and in every such case, such trust or confidence shall be of the like force and effect as the same would have been if this section had not been made, anything herein contained to the contrary in anywise notwithstanding. HISTORY: S. 2, Nov. 15, 1828; RS 1951; GS 2452; RGS 3791; CGL 5664; s. 754, ch. 97-102.

« Title XL. », • Ch. 689. », « § 689.06. » Fla. Stat. § 689.06

§ 689.06. How trust estate conveyed. All grants, conveyances, or assignments of trust or confidence of or in any lands, tenements, or hereditaments, or of any estate or interest therein, shall be by deed signed and delivered, in the presence of two subscribing witnesses, by the party granting, conveying, or assigning, or by the party’s attorney or agent thereunto lawfully authorized, or by last will and testament duly made and executed, or else the same shall be void and of no effect. HISTORY: S. 3, Nov. 15, 1828; RS 1952; GS 2453; RGS 3792; CGL 5665; s. 1, ch. 80-219; s. 755, ch. 97-102.

« Title XL. », • Ch. 689. », « § 689.07. » Fla. Stat. § 689.07

§ 689.07. “Trustee” or “as trustee” added to name of grantee, transferee, assignee, or mortgagee transfers interest or creates lien as if additional word or words not used. (1) Every deed or conveyance of real estate heretofore or hereafter made or executed in which the words “trustee” or “as trustee” are added to the name of the grantee, and in which no beneficiaries are named, the nature and purposes of the trust, if any, are not set forth, and the trust is not identified by title or date, shall grant and is hereby declared to have granted a fee simple estate with full power and authority in and to the grantee in such deed to sell, convey, and grant and encumber both the legal and beneficial interest in the real estate conveyed, unless a contrary intention shall appear in the deed or conveyance; provided, that there shall not appear of record among the public records of the county in which the real property is situate at the time of recording of such deed or conveyance, a declaration of trust by the grantee so described declaring the purposes of such trust, if any, declaring that the real estate is held other than for the benefit of the grantee. (2) Every instrument heretofore or hereafter made or executed transferring or assigning an interest in real property in which the words “trustee” or “as trustee” are added to the name of the transferee or assignee, and in which no beneficiaries are named, the nature and purposes of the trust, if any, are not set forth, and the trust is not identified by title or date, shall transfer and assign, and is hereby declared to have transferred and assigned, the interest of the transferor or assign or to the transferee or assignee with full power and authority to transfer, assign, and encumber such interest, unless a contrary intention shall appear in the instrument; provided that there shall not appear of record among the public records of the county in which the real property is situate at the time of the recording of such instrument, a declaration of trust by the assignee or transferee so described declaring the purposes of such trust, if any, or declaring that the interest in real property is held other than for the benefit of the transferee or assignee. (3) Every mortgage of any interest in real estate or assignment thereof

heretofore or hereafter made or executed in which the words “trustee” or “as trustee” are added to the name of the mortgagee or assignee, and in which no beneficiaries are named, the nature and purposes of the trust, if any, are not set forth, and the trust is not identified by title or date, shall vest and is hereby declared to have vested full rights of ownership to such mortgage or assignment and the lien created thereby with full power in such mortgagee or assignee to assign, hypothecate, release, satisfy, or foreclose such mortgage unless a contrary intention shall appear in the mortgage or assignment; provided that there shall not appear of record among the public records of the county in which the property constituting security is situate at the time of recording of such mortgage or assignment, a declaration of trust by such mortgagee or assignee declaring the purposes of such trust, if any, or declaring that such mortgage is held other than for the benefit of the mortgagee or assignee. (4) Nothing herein contained shall prevent any person from causing any declaration of trust to be recorded before or after the recordation of the instrument evidencing title or ownership of property in a trustee; nor shall this section be construed as preventing any beneficiary under an unrecorded declaration of trust from enforcing the terms thereof against the trustee; provided, however, that any grantee, transferee, assignee, or mortgagee, or person obtaining a release or satisfaction of mortgage from such trustee for value prior to the placing of record of such declaration of trust among the public records of the county in which such real property is situate, shall take such interest or hold such previously mortgaged property free and clear of the claims of the beneficiaries of such declaration of trust and of anyone claiming by, through or under such beneficiaries, and such person need not see to the application of funds furnished to obtain such transfer of interest in property or assignment or release or satisfaction of mortgage thereon. (5) In all cases in which tangible personal property is or has been sold, transferred, or mortgaged in a transaction in conjunction with and subordinate to the transfer or mortgage of real property, and the personal property so transferred or mortgaged is physically located on and used in conjunction with such real property, the prior provisions of this section are applicable to the transfer or mortgage of such personal property, and, where the prior provisions of this section in fact apply to a transfer or

mortgage of personal property, then any transferee or mortgagee of such tangible personal property shall take such personal property free and clear of the claims of the beneficiaries under such declaration of trust (if any), and of the claims of anyone claiming by, through, or under such beneficiaries, and the release or satisfaction of a mortgage on such personal property by such trustee shall release or satisfy such personal property from the claims of the beneficiaries under such declaration of trust, if any, and from the claims of anyone claiming by, through, or under such beneficiaries. HISTORY: S. 1, ch. 6925, 1915; s. 10, ch. 7838, 1919; RGS 3793; CGL 5666; s. 1, ch. 59-251; s. 1, ch. 2004-19. Editor’s notes. Section 2, ch. 2004-19 provides: “The amendments to section 689.07, Florida Statutes, provided by this act are intended to clarify existing law and shall apply retroactively.”

« Title XL. », • Ch. 689. », « § 689.071. » Fla. Stat. § 689.071

§ 689.071. Florida Land Trust Act. (1) Short title. — This section may be cited as the “Florida Land Trust Act.” (2) Definitions. — As used in this section, the term: (a) “Beneficial interest” means any interest, vested or contingent and regardless of how small or minimal such interest may be, in a land trust which is held by a beneficiary. (b) “Beneficiary” means any person or entity having a beneficial interest in a land trust. A trustee may be a beneficiary of the land trust for which such trustee serves as trustee. (c) “Land trust” means any express written agreement or arrangement by which a use, confidence, or trust is declared of any land, or of any charge upon land, under which the title to real property, including, but not limited to, a leasehold or mortgagee interest, is vested in a trustee by a recorded instrument that confers on the trustee the power and authority prescribed in s. 689.073(1) and under which the trustee has no duties other than the following: 1. The duty to convey, sell, lease, mortgage, or deal with the trust property, or to exercise such other powers concerning the trust property as may be provided in the recorded instrument, in each case as directed by the beneficiaries or by the holder of the power of direction; 2. The duty to sell or dispose of the trust property at the termination of the trust; 3. The duty to perform ministerial and administrative functions delegated to the trustee in the trust agreement or by the beneficiaries or the holder of the power of direction; or 4. The duties required of a trustee under chapter 721, if the trust is a timeshare estate trust complying with s. 721.08(2)(c)4. or a vacation club trust complying with s. 721.53(1)(e). However, the duties of the trustee of a land trust created before June 28,

2013 may exceed the limited duties listed in this paragraph to the extent authorized in subsection (12). (d) “Power of direction” means the authority of a person, as provided in the trust agreement, to direct the trustee of a land trust to convey property or interests, execute a lease or mortgage, distribute proceeds of a sale or financing, and execute documents incidental to the administration of a land trust. (e) “Recorded instrument” has the same meaning as provided in s. 689.073(1). (f) “Trust agreement” means the written agreement governing a land trust or other trust, including any amendments. (g) “Trust property” means any interest in real property, including, but not limited to, a leasehold or mortgagee interest, conveyed by a recorded instrument to a trustee of a land trust or other trust. (h) “Trustee” means the person designated in a recorded instrument or trust agreement to hold title to the trust property of a land trust or other trust. (3) Ownership vests in trustee. — Every recorded instrument transferring any interest in real property to the trustee of a land trust and conferring upon the trustee the power and authority prescribed in s. 689.073(1), whether or not reference is made in the recorded instrument to the beneficiaries of such land trust or to the trust agreement or any separate collateral unrecorded declarations or agreements, is effective to vest, and is hereby declared to have vested, in such trustee both legal and equitable title, and full rights of ownership, over the trust property or interest therein, with full power and authority as granted and provided in the recorded instrument to deal in and with the trust property or interest therein or any part thereof. The recorded instrument does not itself create an entity, regardless of whether the relationship among the beneficiaries and the trustee is deemed to be an entity under other applicable law. (4) Statute of uses inapplicable. — Section 689.09 and the statute of uses do not execute a land trust or vest the trust property in the beneficiary or beneficiaries of the land trust, notwithstanding any lack of duties on the part of the trustee or the otherwise passive nature of the land trust. (5) Doctrine of merger inapplicable. — The doctrine of merger does

not extinguish a land trust or vest the trust property in the beneficiary or beneficiaries of the land trust, regardless of whether the trustee is the sole beneficiary of the land trust. (6) Personal property. — In all cases in which the recorded instrument or the trust agreement, as hereinabove provided, contains a provision defining and declaring the interests of beneficiaries of a land trust to be personal property only, such provision is controlling for all purposes when such determination becomes an issue under the laws or in the courts of this state. If no such personal property designation appears in the recorded instrument or in the trust agreement, the interests of the land trust beneficiaries are real property. (7) Trustee liability. — In addition to any other limitation on personal liability existing pursuant to statute or otherwise, the provisions of ss. 736.08125 and 736.1013 apply to the trustee of a land trust created pursuant to this section. (8) Land trust beneficiaries. — (a) Except as provided in this section, the beneficiaries of a land trust are not liable, solely by being beneficiaries, under a judgment, decree, or order of court or in any other manner for a debt, obligation, or liability of the land trust. Any beneficiary acting under the trust agreement of a land trust is not liable to the land trust’s trustee or to any other beneficiary for the beneficiary’s good faith reliance on the provisions of the trust agreement. A beneficiary’s duties and liabilities under a land trust may be expanded or restricted in a trust agreement or beneficiary agreement. (b)1. If provided in the recorded instrument, in the trust agreement, or in a beneficiary agreement: a. A particular beneficiary may own the beneficial interest in a particular portion or parcel of the trust property of a land trust; b. A particular person may be the holder of the power of direction with respect to the trustee’s actions concerning a particular portion or parcel of the trust property of a land trust; and c. The beneficiaries may own specified proportions or percentages of the beneficial interest in the trust property or in particular portions or parcels of the trust property of a land trust.

2. Multiple beneficiaries may own a beneficial interest in a land trust as tenants in common, joint tenants with right of survivorship, or tenants by the entireties. (c) If a beneficial interest in a land trust is determined to be personal property as provided in subsection (6), chapter 679 applies to the perfection of any security interest in that beneficial interest. If a beneficial interest in a land trust is determined to be real property as provided in subsection (6), then to perfect a lien or security interest against that beneficial interest, the mortgage, deed of trust, security agreement, or other similar security document must be recorded in the public records of the county that is specified for such security documents in the recorded instrument or in a declaration of trust or memorandum of such declaration of trust recorded in the public records of the same county as the recorded instrument. If no county is so specified for recording such security documents, the proper county for recording such a security document against a beneficiary’s interest in any trust property is the county where the trust property is located. The perfection of a lien or security interest in a beneficial interest in a land trust does not affect, attach to, or encumber the legal or equitable title of the trustee in the trust property and does not impair or diminish the authority of the trustee under the recorded instrument, and parties dealing with the trustee are not required to inquire into the terms of the unrecorded trust agreement or any lien or security interest against a beneficial interest in the land trust. (d) The trustee’s legal and equitable title to the trust property of a land trust is separate and distinct from the beneficial interest of a beneficiary in the land trust and in the trust property. A lien, judgment, mortgage, security interest, or other encumbrance attaching to the trustee’s legal and equitable title to the trust property of a land trust does not attach to the beneficial interest of any beneficiary; and any lien, judgment, mortgage, security interest, or other encumbrance against a beneficiary or beneficial interest does not attach to the legal or equitable title of the trustee to the trust property held under a land trust, unless the lien, judgment, mortgage, security interest, or other encumbrance by its terms or by operation of other law attaches to both the interest of the trustee and the interest of such beneficiary. (e) Any subsequent document appearing of record in which a beneficiary of a land trust transfers or encumbers any beneficial interest in the land trust does not transfer or encumber the legal or equitable title of the trustee to the

trust property and does not diminish or impair the authority of the trustee under the terms of the recorded instrument. Parties dealing with the trustee of a land trust are not required to inquire into the terms of the unrecorded trust agreement. (f) The trust agreement for a land trust may provide that one or more persons have the power to direct the trustee to convey property or interests, execute a mortgage, distribute proceeds of a sale or financing, and execute documents incidental to administration of the land trust. The power of direction, unless provided otherwise in the trust agreement of the land trust, is conferred upon the holders of the power for the use and benefit of all holders of any beneficial interest in the land trust. In the absence of a provision in the trust agreement of a land trust to the contrary, the power of direction shall be in accordance with the percentage of individual ownership. In exercising the power of direction, the holders of the power of direction are presumed to act in a fiduciary capacity for the benefit of all holders of any beneficial interest in the land trust, unless otherwise provided in the trust agreement. A beneficial interest in a land trust is indefeasible, and the power of direction may not be exercised so as to alter, amend, revoke, terminate, defeat, or otherwise affect or change the enjoyment of any beneficial interest in a land trust. (g) A land trust does not fail, and any use relating to the trust property may not be defeated, because beneficiaries are not specified by name in the recorded instrument to the trustee or because duties are not imposed upon the trustee. The power conferred by any recorded instrument on a trustee of a land trust to sell, lease, encumber, or otherwise dispose of property described in the recorded instrument is effective, and a person dealing with the trustee of a land trust is not required to inquire any further into the right of the trustee to act or the disposition of any proceeds. (h) The principal residence of a beneficiary shall be entitled to the homestead tax exemption even if the homestead is held by a trustee in a land trust, provided the beneficiary qualifies for the homestead exemption under chapter 196. (i) In a foreclosure against trust property or other litigation affecting the title to trust property of a land trust, the appointment of a guardian ad litem is not necessary to represent the interest of any

beneficiary. (9) Successor trustee. — (a) If the recorded instrument and the unrecorded trust agreement are silent as to the appointment of a successor trustee of a land trust in the event of the death, incapacity, resignation, or termination due to dissolution of a trustee or if a trustee is unable to serve as trustee of a land trust, one or more persons having the power of direction may appoint a successor trustee or trustees of the land trust by filing a declaration of appointment of a successor trustee or trustees in the public records of the county in which the trust property is located. The declaration must be signed by a beneficiary or beneficiaries of the land trust and by the successor trustee or trustees, must be acknowledged in the manner provided for acknowledgment of deeds, and must contain: 1. The legal description of the trust property. 2. The name and address of the former trustee. 3. The name and address of the successor trustee or trustees. 4. A statement that one or more persons having the power of direction of the land trust appointed the successor trustee or trustees, together with an acceptance of appointment by the successor trustee or trustees. (b) If the recorded instrument is silent as to the appointment of a successor trustee or trustees of a land trust but an unrecorded trust agreement provides for the appointment of a successor trustee or trustees in the event of the death, incapacity, resignation, or termination due to dissolution of the trustee of a land trust, then upon the appointment of any successor trustee pursuant to the terms of the unrecorded trust agreement, the successor trustee or trustees shall file a declaration of appointment of a successor trustee in the public records of the county in which the trust property is located. The declaration must be signed by both the former trustee and the successor trustee or trustees, must be acknowledged in the manner provided for acknowledgment of deeds, and must contain: 1. The legal description of the trust property. 2. The name and address of the former trustee. 3. The name and address of the successor trustee or trustees.

4. A statement of resignation by the former trustee and a statement of acceptance of appointment by the successor trustee or trustees. 5. A statement that the successor trustee or trustees were duly appointed under the terms of the unrecorded trust agreement. If the appointment of any successor trustee of a land trust is due to the death or incapacity of the former trustee, the declaration need not be signed by the former trustee and a copy of the death certificate or a statement that the former trustee is incapacitated or unable to serve must be attached to or included in the declaration, as applicable. (c) If the recorded instrument provides for the appointment of any successor trustee of a land trust and any successor trustee is appointed in accordance with the recorded instrument, no additional declarations of appointment of any successor trustee are required under this section. (d) Each successor trustee appointed with respect to a land trust is fully vested with all the estate, properties, rights, powers, trusts, duties, and obligations of the predecessor trustee, except that any successor trustee of a land trust is not under any duty to inquire into the acts or omissions of a predecessor trustee and is not liable for any act or failure to act of a predecessor trustee. A person dealing with any successor trustee of a land trust pursuant to a declaration filed under this section is not obligated to inquire into or ascertain the authority of the successor trustee to act within or exercise the powers granted under the recorded instruments or any unrecorded trust agreement. (e) A trust agreement may provide that the trustee of a land trust, when directed to do so by the holder of the power of direction or by the beneficiaries of the land trust or legal representatives of the beneficiaries, may convey the trust property directly to another trustee on behalf of the beneficiaries or to another representative named in such directive. (10) Trustee as creditor. — (a) If a debt is secured by a security interest or mortgage against a beneficial interest in a land trust or by a mortgage on trust property of a land trust, the validity or enforceability of the debt, security interest, or mortgage and the rights, remedies, powers, and duties of the creditor with respect to the debt or the security are not affected by the fact that the creditor and the

trustee are the same person, and the creditor may extend credit, obtain any necessary security interest or mortgage, and acquire and deal with the property comprising the security as though the creditor were not the trustee. (b) A trustee of a land trust does not breach a fiduciary duty to the beneficiaries, and it is not evidence of a breach of any fiduciary duty owed by the trustee to the beneficiaries for a trustee to be or become a secured or unsecured creditor of the land trust, the beneficiary of the land trust, or a third party whose debt to such creditor is guaranteed by a beneficiary of the land trust. (11) Notices to trustee. — Any notice required to be given to a trustee of a land trust regarding trust property by a person who is not a party to the trust agreement must identify the trust property to which the notice pertains or include the name and date of the land trust to which the notice pertains, if such information is shown on the recorded instrument for such trust property. (12) Determination of applicable law. — Except as otherwise provided in this section, chapter 736 does not apply to a land trust governed by this section. (a) A trust is not a land trust governed by this section if there is no recorded instrument that confers on the trustee the power and authority prescribed in s. 689.073(1). (b) For a trust created before June 28, 2013: 1. The trust is a land trust governed by this section if a recorded instrument confers on the trustee the power and authority described in s. 689.073(1) and if: a. The recorded instrument or the trust agreement expressly provides that the trust is a land trust; or b. The intent of the parties that the trust be a land trust is discerned from the trust agreement or the recorded instrument, without regard to whether the trustee’s duties under the trust agreement are greater than those limited duties described in paragraph (2)(c). 2. The trust is not a land trust governed by this section if:

a. The recorded instrument or the trust agreement expressly provides that the trust is to be governed by chapter 736, or by any predecessor trust code or other trust law other than this section; or b. The intent of the parties that the trust be governed by chapter 736, or by any predecessor trust code or other trust law other than this section, is discerned from the trust agreement or the recorded instrument, without regard to whether the trustee’s duties under the trust agreement are greater than those limited duties listed in paragraph (2)(c), and without consideration of any references in the trust agreement to provisions of chapter 736 made applicable to the trust by chapter 721, if the trust is a timeshare estate trust complying with s. 721.08(2)(c)4. or a vacation club trust complying with s. 721.53(1)(e). 3. Solely for the purpose of determining the law governing a trust under subparagraph 1. or subparagraph 2., the determination shall be made without consideration of any amendment to the trust agreement made on or after June 28, 2013, except as provided in paragraph (d). 4. If the determination of whether a trust is a land trust governed by this section cannot be made under either subparagraph 1. or subparagraph 2., the determination shall be made under paragraph (c) as if the trust was created on or after June 28, 2013. (c) If a recorded instrument confers on the trustee the power and authority described in s. 689.073(1) and the trust was created on or after June 28, 2013, the trust shall be determined to be a land trust governed by this section only if the trustee’s duties under the trust agreement, including any amendment made on or after such date, are no greater than those limited duties described in paragraph (2)(c). (d) If the trust agreement for a land trust created before June 28, 2013, is amended on or after such date to add to or increase the duties of the trustee beyond the duties provided in the trust agreement as of June 28, 2013, the trust shall remain a land trust governed by this section only if the additional or increased duties of the trustee implemented by the amendment are no greater than those limited duties described in paragraph (2)(c). (13) Uniform commercial code transition rule. — This section does not render ineffective any effective Uniform Commercial Code financing

statement filed before July 1, 2014, to perfect a security interest in a beneficial interest in a land trust that is determined to be real property as provided in subsection (6), but such a financing statement ceases to be effective at the earlier of July 1, 2019, or the time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed, and the filing of a Uniform Commercial Code continuation statement after July 1, 2014, does not continue the effectiveness of such a financing statement. The recording of a mortgage, deed of trust, security agreement, or other similar security document against such a beneficial interest that is real property in the public records specified in paragraph (8)(c) continues the effectiveness and priority of a financing statement filed against such a beneficial interest before July 1, 2014, if: (a) The recording of the security document in that county is effective to perfect a lien on such beneficial interest under paragraph (8)(c); (b) The recorded security document identifies a financing statement filed before July 1, 2014, by indicating the office in which the financing statement was filed and providing the dates of filing and the file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and (c) The recorded security document indicates that such financing statement filed before July 1, 2014, remains effective. If no original security document bearing the debtor’s signature is readily available for recording in the public records, a secured party may proceed under this subsection with such financing statement filed before July 1, 2014, by recording a copy of a security document verified by the secured party as being a true and correct copy of an original authenticated by the debtor. This subsection does not apply to the perfection of a security interest in any beneficial interest in a land trust that is determined to be personal property under subsection (6). (14) Remedial act. — This act is remedial in nature and shall be given a liberal interpretation to effectuate the intent and purposes hereinabove expressed. (15) Exclusion. — This act does not apply to any deed, mortgage, or

other instrument to which s. 689.07 applies. HISTORY: SS. 1, 2, 3, 4, 5, 6, ch. 63-468; s. 1, ch. 84-31; s. 2, ch. 2002-233; s. 21, ch. 2006-217, eff. July 1, 2007; s. 1, ch. 2006-274, eff. Oct. 1, 2006; s. 7, ch. 2007-153, eff. July 1, 2007; s. 2, ch. 2013-240, eff. June 28, 2013. Applicability. Section 3, ch. 2006-274, provides: “This act is intended to clarify existing law and applies to all land trusts whether created before, on, or after October 1, 2006.”

« Title XL. », • Ch. 689. », « § 689.072. » Fla. Stat. § 689.072

§ 689.072. Real estate interests transferred to or by a custodian or trustee of an individual retirement account or qualified plan. (1)(a) A conveyance, deed, mortgage, lease assignment, or other recorded instrument that transfers an interest in real property in this state, including a leasehold or mortgagee interest, to a person who is qualified to act as a custodian or trustee for an individual retirement account under 26 U.S.C. s. 408(a)(2), as amended, in which instrument the transferee is designated “custodian,” “as custodian,” “trustee,” or “as trustee” and the account owner or beneficiary of the custodianship in the individual retirement account is named, creates custodial property and transfers title to the custodian or trustee when an interest in real property is recorded in the name of the custodian or trustee, followed by the words “as custodian or trustee for the benefit of (name of individual retirement account owner or beneficiary) individual retirement account.” (b) This section also applies to a qualified stock bonus, pension, or profitsharing plan created under 26 U.S.C. s. 401(a), as amended, in which instrument a person is designated “custodian,” “as custodian,” “trustee,” or “as trustee” and the plan, plan participant, or plan beneficiary of the custodianship in the plan also creates custodial property and transfers title to the custodian or trustee when an interest in real property is recorded in the name of the custodian or trustee, followed by the words “as custodian, or trustee of the (name of plan) for the benefit of (name of plan participant or beneficiary).” (2) A transfer to a custodian or trustee of an individual retirement account or qualified plan pursuant to this section incorporates the provisions of this section into the disposition and grants to the custodian or trustee the power to protect, conserve, sell, lease, encumber, or otherwise manage and dispose of the real property described in the recorded instrument without joinder of the named individual retirement account owner, plan participant, or beneficiary, except as provided in subsection (5). (3) A person dealing with the custodian or trustee does not have a duty

to inquire as to the qualifications of the custodian or trustee and may rely on the powers of the custodian or trustee for the custodial property created under this section regardless of whether such powers are specified in the recorded instrument. A grantee, mortgagee, lessee, transferee, assignee, or person obtaining a satisfaction or release or otherwise dealing with the custodian or trustee regarding such custodial property is not required to inquire into: (a) The identification or status of any named individual retirement account owner, plan participant, or beneficiary of the individual retirement account or qualified plan or his or her heirs or assigns to whom a custodian or trustee may be accountable under the terms of the individual retirement account agreement or qualified plan document; (b) The authority of the custodian or trustee to act within and exercise the powers granted under the individual retirement account agreement or qualified plan document; (c) The adequacy or disposition or any consideration provided to the custodian or trustee in connection with any interest acquired from such custodian or trustee; or (d) Any provision of an individual retirement account agreement or qualified plan document. (4) A person dealing with the custodian or trustee under the recorded instrument takes any interest transferred by such custodian or trustee, within the authority provided under this section, free of claims of the named owner, plan participant, or beneficiary of the individual retirement account or qualified plan or of anyone claiming by, through, or under such owner, plan participant, or beneficiary. (5) If notice of the revocation or termination of the individual retirement account agreement, qualified plan, or custodianship established under such individual retirement account agreement or qualified plan is recorded, any disposition or encumbrance of the custodial property must be by an instrument executed by the custodian or trustee or the successor and the respective owner, plan participant, or beneficiary of the individual retirement account or qualified plan. (6) In dealing with custodial property created under this section, a

custodian or trustee shall observe the standard of care of a prudent person dealing with property of another person. This section does not relieve the custodian or trustee from liability for breach of the individual retirement account agreement, custodial agreement, or qualified plan document. (7) A provision of the recorded instrument that defines and declares the interest of the owner, plan participant, or beneficiary of the individual retirement account or qualified plan to be personal property controls only if a determination becomes an issue in any legal proceeding. (8) As used in this section, the term “beneficiary” applies only when the individual retirement account owner or qualified plan participant is deceased. (9)(a) This section does not apply to any deed, mortgage, or instrument to which s. 689.071 applies. (b) Section 689.09 does not apply to transfers of real property interests to a custodian or trustee under this section. (10) This section is remedial and shall be liberally construed to effectively carry out its purposes. HISTORY: S. 1, ch. 2006-147, eff. July 1, 2006.

« Title XL. », • Ch. 689. », « § 689.073. » Fla. Stat. § 689.073

§ 689.073. Powers conferred on trustee in recorded instrument. (1) Ownership vests in trustee. — Every conveyance, deed, mortgage, lease assignment, or other instrument heretofore or hereafter made, hereinafter referred to as the “recorded instrument,” transferring any interest in real property, including, but not limited to, a leasehold or mortgagee interest, to any person or any corporation, bank, trust company, or other entity duly formed under the laws of its state of qualification, which recorded instrument designates the person, corporation, bank, trust company, or other entity “trustee” or “as trustee” and confers on the trustee the power and authority to protect, to conserve, to sell, to lease, to encumber, or otherwise to manage and dispose of the real property described in the recorded instrument, is effective to vest, and is declared to have vested, in such trustee full power and authority as granted and provided in the recorded instrument to deal in and with such property, or interest therein or any part thereof, held in trust under the recorded instrument. (2) No duty to inquire. — Any grantee, mortgagee, lessee, transferee, assignee, or person obtaining satisfactions or releases or otherwise in any way dealing with the trustee with respect to the real property or any interest in such property held in trust under the recorded instrument, as hereinabove provided for, is not obligated to inquire into the identification or status of any named or unnamed beneficiaries, or their heirs or assigns to whom a trustee may be accountable under the terms of the recorded instrument, or under any unrecorded separate declarations or agreements collateral to the recorded instrument, whether or not such declarations or agreements are referred to therein; or to inquire into or ascertain the authority of such trustee to act within and exercise the powers granted under the recorded instrument; or to inquire into the adequacy or disposition of any consideration, if any is paid or delivered to such trustee in connection with any interest so acquired from such trustee; or to inquire into any of the provisions of any such unrecorded declarations or agreements. (3) Beneficiary claims. — All persons dealing with the trustee under

the recorded instrument as hereinabove provided take any interest transferred by the trustee thereunder, within the power and authority as granted and provided therein, free and clear of the claims of all the named or unnamed beneficiaries of such trust, and of any unrecorded declarations or agreements collateral thereto whether referred to in the recorded instrument or not, and of anyone claiming by, through, or under such beneficiaries. However, this section does not prevent a beneficiary of any such unrecorded collateral declarations or agreements from enforcing the terms thereof against the trustee. (4) Exclusion. — This section does not apply to any deed, mortgage, or other instrument to which s. 689.07 applies. (5) Applicability. — The section applies without regard to whether any reference is made in the recorded instrument to the beneficiaries of such trust or to any separate collateral unrecorded declarations or agreements, without regard to the provisions of any unrecorded trust agreement or declaration of trust, and without regard to whether the trust is governed by s. 689.071 or chapter 736. This section applies both to recorded instruments that are recorded after June 28, 2013, and to recorded instruments that were previously recorded and governed by similar provisions contained in s. 689.071(3), Florida Statutes 2012, and any such recorded instrument purporting to confer power and authority on a trustee under such provisions of s. 689.071(3), Florida Statutes 2012, is valid and has the effect of vesting full power and authority in such trustee as provided in this section. HISTORY: S. 1, ch. 2013-240, eff. June 28, 2013.

« Title XL. », • Ch. 689. », « § 689.075. » Fla. Stat. § 689.075

§ 689.075. Inter vivos trusts; powers retained by settlor. (1) A trust which is otherwise valid and which complies with s. 736.0403, including, but not limited to, a trust the principal of which is composed of real property, intangible personal property, tangible personal property, the possible expectancy of receiving as a named beneficiary death benefits as described in s. 733.808, or any combination thereof, and which has been created by a written instrument shall not be held invalid or an attempted testamentary disposition for any one or more of the following reasons: (a) Because the settlor or another person or both possess the power to revoke, amend, alter, or modify the trust in whole or in part; (b) Because the settlor or another person or both possess the power to appoint by deed or will the persons and organizations to whom the income shall be paid or the principal distributed; (c) Because the settlor or another person or both possess the power to add to, or withdraw from, the trust all or any part of the principal or income at one time or at different times; (d) Because the settlor or another person or both possess the power to remove the trustee or trustees and appoint a successor trustee or trustees; (e) Because the settlor or another person or both possess the power to control the trustee or trustees in the administration of the trust; (f) Because the settlor has retained the right to receive all or part of the income of the trust during her or his life or for any part thereof; or (g) Because the settlor is, at the time of the execution of the instrument, or thereafter becomes, sole trustee. (2) Nothing contained herein shall affect the validity of those accounts, including but not limited to bank accounts, share accounts, deposits, certificates of deposit, savings certificates, and other similar arrangements, heretofore or hereafter established at any bank, savings and loan association, or credit union by one or more persons, in trust for one or

more other persons, which arrangements are, by their terms, revocable by the person making the same until her or his death or incompetency. (3) The fact that any one or more of the powers specified in subsection (1) are in fact exercised once, or more than once, shall not affect the validity of the trust or its nontestamentary character. (4) This section shall be applicable to trusts executed before or after July 1, 1969, by persons who are living on or after said date. (5) The amendment of this section, by chapter 75-74, Laws of Florida, is intended to clarify the legislative intent of this section at the time of its original enactment that it apply to all otherwise valid trusts which are created by written instrument and which are not expressly excluded by the terms of this section and that no such trust shall be declared invalid for any of the reasons stated in subsections (1) and (3) regardless of whether the trust involves or relates to an interest in real property. HISTORY: SS. 1, 2, ch. 69-192; s. 1, ch. 69-1747; ss. 1, 2, ch. 71-126; s. 169, ch. 73333; s. 1, ch. 74-78; ss. 1, 2, ch. 75-74; s. 5, ch. 95-401; s. 756, ch. 97-102; s. 22, ch. 2006-217, eff. July 1, 2007.

« Title XL. », • Ch. 689. », « § 689.08. » Fla. Stat. § 689.08

§ 689.08. Fines and common recoveries. Conveyance by fine or by common recovery shall never be used in this state. HISTORY: S. 2, Feb. 4, 1835; RS 1953; GS 2454; RGS 3794; CGL 5667.

« Title XL. », • Ch. 689. », « § 689.09. » Fla. Stat. § 689.09

§ 689.09. Deeds under statute of uses. By deed of bargain and sale, or by deed of lease and release, or of covenant to stand seized to the use of any other person, or by deed operating by way of covenant to stand seized to the use of another person, of or in any lands or tenements in this state, the possession of the bargainor, releasor or covenantor shall be deemed and adjudged to be transferred to the bargainee, releasee or person entitled to the use as perfectly as if such bargainee, releasee or person entitled to the use had been enfeoffed by livery of seizin of the land conveyed by such deed of bargain and sale, release or covenant to stand seized; provided, that livery of seizin can be lawfully made of the lands or tenements at the time of the execution of the said deeds or any of them. HISTORY: S. 12, Nov. 15, 1828; RS 1954; GS 2455; RGS 3795; CGL 5668.

« Title XL. », • Ch. 689. », « § 689.10. » Fla. Stat. § 689.10

§ 689.10. Words of limitation and the words “fee simple” dispensed with. Where any real estate has heretofore been conveyed or granted or shall hereafter be conveyed or granted without there being used in the said deed or conveyance or grant any words of limitation, such as heirs or successors, or similar words, such conveyance or grant, whether heretofore made or hereafter made, shall be construed to vest the fee simple title or other whole estate or interest which the grantor had power to dispose of at that time in the real estate conveyed or granted, unless a contrary intention shall appear in the deed, conveyance or grant. HISTORY: S. 1, ch. 5145, 1903; GS 2456; RGS 3796; s. 1, ch. 10170, 1925; CGL 5669.

« Title XL. », • Ch. 689. », « § 689.11. » Fla. Stat. § 689.11

§ 689.11. Conveyances between husband and wife direct; homestead. (1) A conveyance of real estate, including homestead, made by one spouse to the other shall convey the legal title to the grantee spouse in all cases in which it would be effectual if the parties were not married, and the grantee need not execute the conveyance. An estate by the entirety may be created by the action of the spouse holding title: (a) Conveying to the other by a deed in which the purpose to create the estate is stated; or (b) Conveying to both spouses. (2) All deeds heretofore made by a husband direct to his wife or by a wife direct to her husband are hereby validated and made as effectual to convey the title as they would have been were the parties not married; (3) Provided, that nothing herein shall be construed as validating any deed made for the purpose, or that operates to defraud any creditor or to avoid payment of any legal debt or claim; and (4) Provided further that this section shall not apply to any conveyance heretofore made, the validity of which shall be contested by suit commenced within 1 year of the effective date of this law. HISTORY: S. 1, ch. 5147, 1903; GS 2457; RGS 3797; CGL 5670; s. 6, ch. 20954, 1941; s. 1, ch. 23964, 1947; s. 1, ch. 71-54.

« Title XL. », • Ch. 689. », « § 689.111. » Fla. Stat. § 689.111

§ 689.111. Conveyances of homestead; power of attorney. (1) A deed or mortgage of homestead realty owned by an unmarried person may be executed by virtue of a power of attorney executed in the same manner as a deed. (2) A deed or mortgage of homestead realty owned by a married person, or owned as an estate by the entirety, may be executed by virtue of a power of attorney executed solely by one spouse to the other, or solely by one spouse or both spouses to a third party, provided the power of attorney is executed in the same manner as a deed. Nothing in this section shall be construed as dispensing with the requirement that husband and wife join in the conveyance or mortgage of homestead realty, but the joinder may be accomplished through the exercise of a power of attorney. HISTORY: S. 1, ch. 71-27.

« Title XL. », • Ch. 689. », « § 689.115. » Fla. Stat. § 689.115

§ 689.115. Estate by the entirety in mortgage made or assigned to husband and wife. Any mortgage encumbering real property, or any assignment of a mortgage encumbering real property, made to two persons who are husband and wife, heretofore or hereafter made, creates an estate by the entirety in such mortgage and the obligation secured thereby unless a contrary intention appears in such mortgage or assignment. HISTORY: S. 1, ch. 86-29; s. 21, ch. 91-110.

« Title XL. », • Ch. 689. », « § 689.12. » Fla. Stat. § 689.12

§ 689.12. How state lands conveyed for educational purposes. (1) The title to all lands granted to or held by the state for educational purposes shall be conveyed by deed executed by the members of the State Board of Education, with an impression of the seal of the Board of Trustees of the Internal Improvement Trust Fund of the state thereon and when so impressed by this seal deeds shall be entitled to be recorded in the public records and to be received in evidence in all courts and judicial proceedings. (2) Lands held for any tuberculosis hospital and declared to be surplus to the needs of such hospital may be conveyed to the district school board in which said lands are located for educational purposes. HISTORY: S. 1, ch. 4999, 1901; GS 2458; RGS 3798; CGL 5671; ss. 1, 2, ch. 67-191; ss. 27, 35, ch. 69-106; s. 1, ch. 69-300.

« Title XL. », • Ch. 689. », « § 689.13. » Fla. Stat. § 689.13

§ 689.13. Rule against perpetuities not applicable to dispositions of property for private cemeteries, etc. No disposition of property, or the income thereof, hereafter made for the maintenance or care of any public or private burying ground, churchyard, or other place for the burial of the dead, or any portion thereof, or grave therein, or monument or other erection in or about the same, shall fail by reason of such disposition having been made in perpetuity; but such disposition shall be held to be made for a charitable purpose or purposes. HISTORY: S. 1, ch. 14655, 1931; CGL 1936 Supp. 5671(1).

« Title XL. », • Ch. 689. », « § 689.14. » Fla. Stat. § 689.14

§ 689.14. Entailed estates. No property, real or personal, shall be entailed in this state. Any instrument purporting to create an estate tail, express or implied, shall be deemed to create an estate for life in the first taker with remainder per stirpes to the lineal descendants of the first taker in being at the time of her or his death. If the remainder fails for want of such remainderman, then it shall vest in any other remaindermen designated in such instrument, or, if there is no such designation, then it shall revert to the original donor or to her or his heirs. HISTORY: S. 20, Nov. 17, 1829; RS 1818; GS 2293; RGS 3616; CGL 5481; s. 2, ch. 20954, 1941; s. 1, ch. 23126, 1945; s. 757, ch. 97-102.

« Title XL. », • Ch. 689. », « § 689.15. » Fla. Stat. § 689.15

§ 689.15. Estates by survivorship. The doctrine of the right of survivorship in cases of real estate and personal property held by joint tenants shall not prevail in this state; that is to say, except in cases of estates by entirety, a devise, transfer or conveyance heretofore or hereafter made to two or more shall create a tenancy in common, unless the instrument creating the estate shall expressly provide for the right of survivorship; and in cases of estates by entirety, the tenants, upon dissolution of marriage, shall become tenants in common. HISTORY: S. 20, Nov. 17, 1829; RS 1819; GS 2294; RGS 3617; CGL 5482; s. 3, ch. 20954, 1941; s. 1, ch. 73-300.

« Title XL. », • Ch. 689. », « § 689.17. » Fla. Stat. § 689.17

§ 689.17. Rule in Shelley’s Case abolished. The rule in Shelley’s Case is hereby abolished. Any instrument purporting to create an estate for life in a person with remainder to her or his heirs, lawful heirs, heirs of her or his body or to her or his heirs described by words of similar import, shall be deemed to create an estate for life with remainder per stirpes to the life tenant’s lineal descendants in being at the time said life estate commences, but said remainder shall be subject to open and to take in per stirpes other lineal descendants of the life tenant who come into being during the continuance of said life estate. HISTORY: S. 2, ch. 23126, 1945; s. 758, ch. 97-102.

« Title XL. », • Ch. 689. », « § 689.175. » Fla. Stat. § 689.175

§ 689.175. Worthier title doctrine abolished. The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor’s “heirs,” “heirs at law,” “next of kin,” “distributees,” “relatives,” or “family,” or language of similar import, does not create or presumptively create a reversionary interest in the transferor. HISTORY: S. 23, ch. 2006-217, eff. July 1, 2007.

« Title XL. », • Ch. 689. », « § 689.18. » Fla. Stat. § 689.18

§ 689.18. Reverter or forfeiture provisions, limitations; exceptions. (1) It is hereby declared by the Legislature of the state that reverter or forfeiture provisions of unlimited duration in the conveyance of real estate or any interest therein in the state constitute an unreasonable restraint on alienation and are contrary to the public policy of the state. (2) All reverter or forfeiture provisions of unlimited duration embodied in any plat or deed executed more than 21 years prior to the passage of this law conveying real estate or any interest therein in the state, be and the same are hereby canceled and annulled and declared to be of no further force and effect. (3) All reverter provisions in any conveyance of real estate or any interest therein in the state, now in force, shall cease and terminate and become null, void, and unenforceable 21 years from the date of the conveyance embodying such reverter or forfeiture provision. (4) No reverter or forfeiture provision contained in any deed conveying real estate or any interest therein in the state, executed on and after July 1, 1951, shall be valid and binding more than 21 years from the date of such deed, and upon the expiration of such period of 21 years, the reverter or forfeiture provision shall become null, void, and unenforceable. (5) Any and all conveyances of real property in this state heretofore or hereafter made to any governmental, educational, literary, scientific, religious, public utility, public transportation, charitable or nonprofit corporation or association are hereby excepted from the provisions of this section. (6) Any holder of a possibility of reverter who claims title to any real property in the state, or any interest therein by reason of a reversion or forfeiture under the terms or provisions of any deed heretofore executed and delivered containing such reverter or forfeiture provision shall have 1 year from July 1, 1951, to institute suit in a court of competent jurisdiction in this state to establish or enforce such right, and failure to institute such action within said time shall be conclusive evidence of the abandonment of any such right, title, or interest, and all right of forfeiture or reversion shall

thereupon cease and determine, and become null, void, and unenforceable. (7) This section shall not vary, alter, or terminate the restrictions placed upon said real estate, contained either in restrictive covenants or reverter or forfeiture clauses, and all said restrictions may be enforced and violations thereof restrained by a court of competent jurisdiction whenever any one of said restrictions or conditions shall be violated, or threat to violate the same be made by owners or parties in possession or control of said real estate, by an injunction which may be issued upon petition of any person adversely affected, mandatorily requiring the abatement of such violations or threatened violation and restraining any future violation of said restrictions and conditions. HISTORY: SS. 1, 2, 3, 4, 5, 6, 7, ch. 26927, 1951; s. 218, ch. 77-104.

« Title XL. », • Ch. 689. », « § 689.19. » Fla. Stat. § 689.19

§ 689.19. Variances of names in recorded instruments. (1) The word “instrument” as used in this section shall be construed to mean and include not only instruments voluntarily executed but also papers filed or issued in or in connection with actions and other proceedings in court and orders, judgments and decrees entered therein and transcripts of such judgments and proceedings in foreclosure of mortgage or other liens. (2) Variances between any two instruments affecting the title to the same real property both of which shall have been spread on the record for the period of more than 10 years among the public records of the county in which such real property is situated, with respect to the names of persons named in the respective instruments or in acknowledgments thereto arising from the full Christian name appearing in one and only the initial letter of that Christian name appearing in the other or from a full middle name appearing in one and only the initial letter of that middle name appearing in the other or from the initial letter of a middle name appearing in one and not appearing in the other, irrespective of which one of the two instruments in which any such variance occurred was prior in point of time to the other and irrespective of whether the instruments were executed or originated before or after August 5, 1953, shall not destroy or impair the presumption that the person so named in one of said instruments was the same person as the one so named in the other of said instruments which would exist if the names in the two instruments were identical; and, in spite of any such variance, the person so named in one of said instruments shall be presumed to be the same person as the one so named in the other until such time as the contrary appears and, until such time, either or both of such instruments or the record thereof or certified copy or copies of the record thereof shall be admissible in evidence in the same manner as though the names in the two instruments were identical. HISTORY: S. 1, ch. 28208, 1953.

« Title XL. », • Ch. 689. », « § 689.20. » Fla. Stat. § 689.20

§ 689.20. Limitation on use of word “minerals.” Whenever the word “minerals” is hereafter used in any deed, lease, or other contract in writing, said word or term shall not include any of the following: topsoil, muck, peat, humus, sand, and common clay, unless expressly provided in said deed, lease, or other contract in writing. HISTORY: S. 1, ch. 59-375.

« Title XL. », • Ch. 689. », « § 689.21. » Fla. Stat. § 689.21

§ 689.21. Disclaimer of interests in property passing under certain nontestamentary instruments or under certain powers of appointment [Repealed.] Repealed by s. 5, ch. 2005-108, effective July 1, 2005. HISTORY: S. 1, ch. 71-31; s. 26, ch. 73-334; s. 759, ch. 97-102; s. 3, ch. 2002-233.

« Title XL. », • Ch. 689. », « § 689.225. » Fla. Stat. § 689.225

§ 689.225. Statutory rule against perpetuities. (1) Short title. This section may be cited as the “Florida Uniform Statutory Rule Against Perpetuities.” (2) Statement of the rule. (a) A nonvested property interest in real or personal property is invalid unless: 1. When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or 2. The interest either vests or terminates within 90 years after its creation. (b) A general power of appointment not presently exercisable because of a condition precedent is invalid unless: 1. When the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of an individual then alive; or 2. The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation. (c) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless: 1. When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or 2. The power is irrevocably exercised or otherwise terminates within 90 years after its creation. (d) In determining whether a nonvested property interest or a power of appointment is valid under subparagraph (a)1., subparagraph (b)1., or subparagraph (c)1., the possibility that a child will be born to an individual after the individual’s death is disregarded. (e) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (i) seeks to disallow the

vesting or termination of any interest or trust beyond, (ii) seeks to postpone the vesting or termination of any interest or trust until, or (iii) seeks to operate in effect in any similar fashion upon, the later of: 1. The expiration of a period of time not exceeding 21 years after the death of a specified life or the survivor of specified lives, or upon the death of a specified life or the death of the survivor of specified lives in being at the creation of the trust or other property arrangement, or 2. The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement, that language is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives. (f) As to any trust created after December 31, 2000, through June 30, 2022, this section shall apply to a nonvested property interest or power of appointment contained in a trust by substituting 360 years in place of “90 years” in each place such term appears in this section unless the terms of the trust require that all beneficial interests in the trust vest or terminate within a lesser period. (g) As to any trust created on or after July 1, 2022, this section shall apply to a nonvested property interest or power of appointment contained in a trust by substituting 1,000 years in place of “90 years” in each place such term appears in this section unless the terms of the trust require that all beneficial interests in the trust vest or terminate within a lesser period. (3) When nonvested property interest or power of appointment created. (a) Except as provided in paragraphs (b), (d), and (e) of this subsection and in paragraph (a) of subsection (6), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. (b) For purposes of this section, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in paragraph (b) or paragraph (c) of subsection (2), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner

terminates. (c) For purposes of this section, a joint power with respect to community property or to marital property under the Uniform Marital Property Act held by individuals married to each other is a power exercisable by one person alone. (d) For purposes of this section, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created. (e) For purposes of this section, if a nongeneral or testamentary power of appointment is exercised to create another nongeneral or testamentary power of appointment, every nonvested property interest or power of appointment created through the exercise of such other nongeneral or testamentary power is considered to have been created at the time of the creation of the first nongeneral or testamentary power of appointment. (4) Reformation. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the 90 years allowed by subparagraph (2)(a)2., subparagraph (2)(b)2., or subparagraph (2)(c)2. if: (a) A nonvested property interest or a power of appointment becomes invalid under subsection (2); (b) A class gift is not but might become invalid under subsection (2) and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or (c) A nonvested property interest that is not validated by subparagraph (2) (a)1. can vest but not within 90 years after its creation. (5) Exclusions from statutory rule against perpetuities. Subsection (2) does not apply to: (a) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:

1. A premarital or postmarital agreement; 2. A separation or divorce settlement; 3. A spouse’s election; 4. A similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties; 5. A contract to make or not to revoke a will or trust; 6. A contract to exercise or not to exercise a power of appointment; 7. A transfer in satisfaction of a duty of support; or 8. A reciprocal transfer; (b) A fiduciary’s power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income; (c) A power to appoint a fiduciary; (d) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal; (e) A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision; (f) A nonvested property interest in, or a power of appointment with respect to, a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants, or their beneficiaries or spouses, the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or (g) A property interest, power of appointment, or arrangement that was not

subject to the common-law rule against perpetuities or is excluded by another statute of this state. (6) Application. (a) Except as extended by paragraph (c), this section applies to a nonvested property interest or a power of appointment that is created on or after October 1, 1988. For purposes of this subsection, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable. (b) This section also applies to a power of appointment that was created before October 1, 1988, but only to the extent that it remains unexercised on October 1, 1988. (c) If a nonvested property interest or a power of appointment was created before October 1, 1988, and is determined in a judicial proceeding commenced on or after October 1, 1988, to violate this state’s rule against perpetuities as that rule existed before October 1, 1988, a court, upon the petition of an interested person, may reform the disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created. (7) Rule of construction. With respect to any matter relating to the validity of an interest within the rule against perpetuities, unless a contrary intent appears, it shall be presumed that the transferor of the interest intended that the interest be valid. This section is the sole expression of any rule against perpetuities or remoteness in vesting in this state. No common-law rule against perpetuities or remoteness in vesting shall exist with respect to any interest or power regardless of whether such interest or power is governed by this section. (8) Uniformity of application and construction. This section shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. HISTORY: S. 1, ch. 88-40; s. 1, ch. 97-240; s. 1, ch. 2000-245; s. 1, ch. 2022-96,

effective July 1, 2022.

« Title XL. », • Ch. 689. », « § 689.25. » Fla. Stat. § 689.25

§ 689.25. Failure to disclose homicide, suicide, deaths, or diagnosis of HIV or AIDS infection in an occupant of real property. (1)(a) The fact that an occupant of real property is infected or has been infected with human immunodeficiency virus or diagnosed with acquired immune deficiency syndrome is not a material fact that must be disclosed in a real estate transaction. (b) The fact that a property was, or was at any time suspected to have been, the site of a homicide, suicide, or death is not a material fact that must be disclosed in a real estate transaction. (2) A cause of action shall not arise against an owner of real property, his or her agent, an agent of a transferee of real property, or a person licensed under chapter 475 for the failure to disclose to the transferee that the property was or was suspected to have been the site of a homicide, suicide, or death or that an occupant of that property was infected with human immunodeficiency virus or diagnosed with acquired immune deficiency syndrome. HISTORY: S. 46, ch. 88-380; s. 51, ch. 2003-164.

« Title XL. », • Ch. 689. », « § 689.26. » Fla. Stat. § 689.26

§ 689.26. Prospective purchasers subject to association membership requirement; disclosure required; covenants; assessments; contract voidability [Transferred.] Transferred to s. 720.401.

« Title XL. », • Ch. 689. », « § 689.261. » Fla. Stat. § 689.261

§ 689.261. Sale of residential property; disclosure of ad valorem taxes to prospective purchaser. (1) A prospective purchaser of residential property must be presented a disclosure summary at or before execution of the contract for sale. Unless a substantially similar disclosure summary is included in the contract for sale, a separate disclosure summary must be attached to the contract for sale. The disclosure summary, whether separate or included in the contract, must be in a form substantially similar to the following: PROPERTY TAX DISCLOSURE SUMMARY BUYER SHOULD NOT RELY ON THE SELLER’S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER’S OFFICE FOR INFORMATION. (2) Unless included in the contract, the disclosure summary must be provided by the seller. If the disclosure summary is not included in the contract for sale, the contract for sale must refer to and incorporate by reference the disclosure summary and include, in prominent language, a statement that the potential purchaser should not execute the contract until he or she has read the disclosure summary required by this section. HISTORY: S. 5, ch. 2004-349.

« Title XL. », • Ch. 689. », « § 689.262. » Fla. Stat. § 689.262

§ 689.262. Sale of residential property; disclosure of windstorm mitigation rating [Repealed.] Repealed by s. 1, ch. 2010-275, effective November 17, 2010. HISTORY: S. 15, ch. 2008-66, eff. Jan. 1, 2011.

« Title XL. », • Ch. 689. », « § 689.265. » Fla. Stat. § 689.265

§ 689.265. Financial report [Transferred.] Transferred to s. 720.3086.

« Title XL. », • Ch. 689. », « § 689.27. » Fla. Stat. § 689.27

§ 689.27. Termination by servicemember of agreement to purchase real property. (1) Notwithstanding any other provisions of law and for the purposes of this section: (a) “Closing” means the finalizing of the sale of property, upon which title to the property is transferred from the seller to the buyer. (b) “Contract” means an instrument purporting to contain an agreement to purchase real property. (c) “Property” means a house, condominium, or mobile home that a servicemember intends to purchase to serve as his or her primary residence. (d) “Servicemember” shall have the same meaning as provided in s. 250.01. (2) Any servicemember may terminate a contract to purchase property, prior to closing on such property, by providing the seller or mortgagor of the property with a written notice of termination to be effective immediately, if any of the following criteria are met: (a) The servicemember is required, pursuant to permanent change of station orders received after entering into a contract for the property and prior to closing, to move 35 miles or more from the location of the property; (b) The servicemember is released from active duty or state active duty after having agreed to purchase the property and prior to closing while serving on active duty or state active duty status, and the property is 35 miles or more from the servicemember’s home of record prior to entering active duty or state active duty; (c) Prior to closing, the servicemember receives military orders requiring him or her to move into government quarters or the servicemember becomes eligible to live in and opts to move into government quarters; or (d) Prior to closing, the servicemember receives temporary duty orders, temporary change of station orders, or active duty or state active duty orders to an area 35 miles or more from the location of the property, provided such

orders are for a period exceeding 90 days. (3) The notice to the seller or mortgagor canceling the contract must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember’s commanding officer. (4) Upon termination of a contract under this section, the seller or mortgagor or his or her agent shall refund any funds provided by the servicemember under the contract within 7 days. The servicemember is not liable for any other fees due to the termination of the contract as provided for in this section. (5) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances. HISTORY: S. 19, ch. 2003-72; s. 28, ch. 2022-183, effective July 1, 2022.

« Title XL. », • Ch. 689. », « § 689.28. » Fla. Stat. § 689.28

§ 689.28. Prohibition against transfer fee covenants. (1) Intent. — The Legislature finds and declares that the public policy of this state favors the marketability of real property and the transferability of interests in real property free of title defects or unreasonable restraints on alienation. The Legislature further finds and declares that transfer fee covenants violate this public policy by impairing the marketability and transferability of real property and by constituting an unreasonable restraint on alienation regardless of the duration of such covenants or the amount of such transfer fees, and do not run with the title to the property or bind subsequent owners of the property under common law or equitable principles. (2) Definitions. — As used in this section, the term: (a) “Environmental covenant” means a covenant or servitude that imposes limitations on the use of real property pursuant to an environmental remediation project pertaining to the property. An environmental covenant is not a transfer fee covenant. (b) “Transfer” means the sale, gift, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property located in this state. (c) “Transfer fee” means a fee or charge required by a transfer fee covenant and payable upon the transfer of an interest in real property, or payable for the right to make or accept such transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the purchase price, or other consideration given for the transfer. The following are not transfer fees for purposes of this section: 1. Any consideration payable by the grantee to the grantor for the interest in real property being transferred, including any subsequent additional consideration for the property payable by the grantee based upon any subsequent appreciation, development, or sale of the property. For the purposes of this subparagraph, an interest in real property may include a separate mineral estate and its appurtenant surface access rights. 2. Any commission payable to a licensed real estate broker for the transfer

of real property pursuant to an agreement between the broker and the grantor or the grantee, including any subsequent additional commission for that transfer payable by the grantor or the grantee based upon any subsequent appreciation, development, or sale of the property. 3. Any interest, charges, fees, or other amounts payable by a borrower to a lender pursuant to a loan secured by a mortgage against real property, including, but not limited to, any fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property subject to the mortgage, any fees or charges payable to the lender for estoppel letters or certificates, and any shared appreciation interest or profit participation or other consideration described in s. 687.03(4) and payable to the lender in connection with the loan. 4. Any rent, reimbursement, charge, fee, or other amount payable by a lessee to a lessor under a lease, including, but not limited to, any fee payable to the lessor for consenting to an assignment, subletting, encumbrance, or transfer of the lease. 5. Any consideration payable to the holder of an option to purchase an interest in real property or the holder of a right of first refusal or first offer to purchase an interest in real property for waiving, releasing, or not exercising the option or right upon the transfer of the property to another person. 6. Any tax, fee, charge, assessment, fine, or other amount payable to or imposed by a governmental authority. 7. Any fee, charge, assessment, fine, or other amount payable to a homeowners’, condominium, cooperative, mobile home, or property owners’ association pursuant to a declaration or covenant or law applicable to such association, including, but not limited to, fees or charges payable for estoppel letters or certificates issued by the association or its authorized agent. 8. Any fee, charge, assessment, dues, contribution, or other amount imposed by a declaration or covenant encumbering four or more parcels in a community, as defined in s. 720.301, and payable to a nonprofit or charitable organization for the purpose of supporting cultural, educational, charitable, recreational, environmental, conservation, or other similar activities benefiting the community that is subject to the declaration or covenant. 9. Any fee, charge, assessment, dues, contribution, or other amount

pertaining to the purchase or transfer of a club membership relating to real property owned by the member, including, but not limited to, any amount determined by reference to the value, purchase price, or other consideration given for the transfer of the real property. 10. Any payment required pursuant to an environmental covenant. (d) “Transfer fee covenant” means a declaration or covenant recorded against the title to real property which requires or purports to require the payment of a transfer fee to the declarant or other person specified in the declaration or covenant or to their successors or assigns upon a subsequent transfer of an interest in the real property. (3) Prohibition. — A transfer fee covenant recorded in this state on or after July 1, 2008, does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee of any interest in real property as an equitable servitude or otherwise. Any liens purporting to secure the payment of a transfer fee under a transfer fee covenant that is recorded in this state on or after July 1, 2008, are void and unenforceable. This subsection does not mean that transfer fee covenants or liens recorded in this state before July 1, 2008, are presumed valid and enforceable. HISTORY: S. 1, ch. 2008-35, eff. July 1, 2008.

« Title XL. », • Ch. 689. », « § 689.29. » Fla. Stat. § 689.29

§ 689.29. Disclosure of subsurface rights to prospective purchaser. (1) A seller must provide a prospective purchaser of residential property with a disclosure summary at or before the execution of a contract if the seller or an affiliated or related entity has previously severed or retained or will sever or retain any of the subsurface rights or right of entry. The disclosure summary must be conspicuous, in boldface type, and in a form substantially similar to the following: SUBSURFACE RIGHTS DISCLOSURE SUMMARY SUBSURFACE RIGHTS HAVE BEEN OR WILL BE SEVERED FROM THE TITLE TO REAL PROPERTY BY CONVEYANCE (DEED) OF THE SUBSURFACE RIGHTS FROM THE SELLER OR AN AFFILIATED OR RELATED ENTITY OR BY RESERVATION OF THE SUBSURFACE RIGHTS BY THE SELLER OR AN AFFILIATED OR RELATED ENTITY. WHEN SUBSURFACE RIGHTS ARE SEVERED FROM THE PROPERTY, THE OWNER OF THOSE RIGHTS MAY HAVE THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE, OR REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY EITHER DIRECTLY FROM THE SURFACE OF THE PROPERTY OR FROM A NEARBY LOCATION. SUBSURFACE RIGHTS MAY HAVE A MONETARY VALUE. (Purchaser’s Initials) (2) If the disclosure summary is not included in the contract for sale, the contract for sale must refer to and incorporate by reference the disclosure summary and must include, in prominent language, a statement that the potential purchaser should not execute the contract until he or she has read the disclosure summary required under this section. (3) As used in this section, the term: (a) “Seller” means a seller of real property which, at the time of sale, is zoned for residential use and is property upon which a new dwelling is being constructed or will be constructed pursuant to the contract for sale with the

seller or has been constructed since the last transfer of the property. (b) “Subsurface rights” means the rights to all minerals, mineral fuels, and other resources, including, but not limited to, oil, gas, coal, oil shale, uranium, metals, and phosphate, whether or not they are mixed with any other substance found or located beneath the surface of the earth. HISTORY: S. 1, ch. 2014-34, effective October 1, 2014.

« Title XL. », • Ch. 689. », « § 689.301. • Fla. Stat. § 689.301

§ 689.301. Disclosure of known defects in sanitary sewer laterals to prospective purchaser. Before executing a contract for sale, a seller of real property shall disclose to a prospective purchaser any defects in the property’s sanitary sewer lateral which are known to the seller. As used in this section, the term “sanitary sewer lateral” means the privately owned pipeline connecting a property to the main sewer line. History. S. 3, ch. 2020-158, effective July 1, 2020.

« Title XL. », « Ch. 695. » Fla. Stat. Title XL, Ch. 695

CHAPTER 695. RECORD OF CONVEYANCES OF REAL ESTATE. « Title XL. », « Ch. 695. », • § 695.01. » Fla. Stat. § 695.01

§ 695.01. Conveyances and liens to be recorded. (1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law; nor shall any such instrument made or executed by virtue of any power of attorney be good or effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration and without notice unless the power of attorney be recorded before the accruing of the right of such creditor or subsequent purchaser. (2) Grantees by quitclaim, heretofore or hereafter made, shall be deemed and held to be bona fide purchasers without notice within the meaning of the recording acts. (3) A lien by a governmental entity or quasi-governmental entity that attaches to real property for an improvement, service, fine, or penalty, other than a lien for taxes, non-ad valorem or special assessments, or utilities, is valid and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration only if the lien is recorded in the official records of the county in which the property is located. The recorded notice of lien must contain the name of the owner of record, a description or address of the property, and the tax or parcel identification number applicable to the property as of the date of recording. HISTORY: SS. 4, 9, Nov. 15, 1828; RS 1972; GS 2480; RGS 3822; CGL 5698; s. 10, ch. 20954, 1941; s. 8, ch. 85-63; s. 2, ch. 2013-241, eff. Oct. 1, 2013.

« Title XL. », « Ch. 695. », « § 695.015. » Fla. Stat. § 695.015

§ 695.015. Conveyances by law between governmental agencies, recording. All laws which purport to convey title to real property from one governmental agency or political subdivision to another shall be recorded in the public records of the county or counties in which the property is located, and such laws shall contain a provision requiring such recording. HISTORY: S. 1, ch. 70-103.

« Title XL. », « Ch. 695. », « § 695.02. » Fla. Stat. § 695.02

§ 695.02. Blank or master form of instruments may be recorded. (1) Any person may have a blank or master form of mortgage or other instrument conveying, transferring or reserving an interest in, or creating a lien on, real or personal property, filed, indexed and recorded in the office of the clerk of the circuit court. (2) When any such blank or master form is filed with the clerk of the circuit court, she or he shall record and index the same in the manner provided by law for recording and indexing mortgages and such other instruments respectively, except that the name of the person whose name appears on such blank or master form shall be inserted in the indexes as grantor and also as grantee. (3) When any instrument conveying, transferring or reserving an interest in, or creating a lien on, real or personal property, incorporates by reference the provisions, terms, covenants, conditions, obligations, powers and other contents, or any of them, set forth in any such recorded blank or master form, such incorporation by reference, for all purposes, shall be equivalent to setting forth in extenso in such instrument that which is incorporated by reference. HISTORY: SS. 1, 2, 3, 4, ch. 17109, 1935; CGL 1936 Supp. 5698(1); s. 219, ch. 77104; s. 762, ch. 97-102.

« Title XL. », « Ch. 695. », « § 695.03. » Fla. Stat. § 695.03

§

695.03. Acknowledgment and proof; validation of certain acknowledgments; legalization or authentication before foreign officials.

To entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party executing it, proved by a subscribing witness to it, or legalized or authenticated in one of the following forms: (1) Within this state. — An acknowledgment or a proof may be taken, administered, or made within this state by or before a judge, clerk, or deputy clerk of any court; a United States commissioner or magistrate; or any notary public or civil-law notary of this state, and the certificate of acknowledgment or proof must be under the seal of the court or officer, as the case may be. (2) Outside this state but within the united states. — An acknowledgment or a proof taken, administered, or made outside of this state but within the United States may be taken, administered, or made by or before a civil-law notary of this state or a commissioner of deeds appointed by the Governor of this state; a judge or clerk of any court of the United States or of any state, territory, or district; by or before a United States commissioner or magistrate; or by or before any notary public, justice of the peace, master in chancery, or registrar or recorder of deeds of any state, territory, or district having a seal, and the certificate of acknowledgment or proof must be under the seal of the court or officer, as the case may be. If the acknowledgment or proof is taken, administered, or made by or before a notary public who does not affix a seal, it is sufficient for the notary public to type, print, or write by hand on the instrument, “I am a Notary Public of the State of (state), and my commission expires on (date).” (3) Outside of the united states or within foreign countries. — An acknowledgment, an affidavit, an oath, a legalization, an authentication, or a proof taken, administered, or made outside the United States or in a foreign country may be taken, administered, or made by or before a

commissioner of deeds appointed by the Governor of this state to act in such country; before a notary public of such foreign country or a civil-law notary of this state or of such foreign country who has an official seal; before an ambassador, envoy extraordinary, minister plenipotentiary, minister, commissioner, charge d’affaires, consul general, consul, vice consul, consular agent, or other diplomatic or consular officer of the United States appointed to reside in such country; or before a military or naval officer authorized by 10 U.S.C. s. 1044a to perform the duties of notary public, and the certificate of acknowledgment, legalization, authentication, or proof must be under the seal of the officer. A certificate legalizing or authenticating the signature of a person executing an instrument concerning real property and to which a civil-law notary or notary public of that country has affixed her or his official seal is sufficient as an acknowledgment. For the purposes of this section, the term “civil-law notary” means a civil-law notary as defined in chapter 118 or an official of a foreign country who has an official seal and who is authorized to make legal or lawful the execution of any document in that jurisdiction, in which jurisdiction the affixing of her or his official seal is deemed proof of the execution of the document or deed in full compliance with the laws of that jurisdiction. (4) Compliance and validation. — The affixing of the official seal or the electronic equivalent thereof under s. 117.021 or other applicable law, including part II of chapter 117, conclusively establishes that the acknowledgment or proof was taken, administered, or made in full compliance with the laws of this state or, as applicable, the laws of the other state, or of the foreign country governing notarial acts. All affidavits, oaths, acknowledgments, legalizations, authentications, or proofs taken, administered, or made in any manner as set forth in subsections (1), (2), and (3) are validated and upon recording may not be denied to have provided constructive notice based on any alleged failure to have strictly complied with this section, as currently or previously in effect, or the laws governing notarization of instruments. This subsection does not preclude a challenge to the validity or enforceability of an instrument or electronic record based upon fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, unconscionability, or any other basis not related to the notarial act or constructive notice provided by recording.

HISTORY: RS 1973; ch. 5404, 1905; GS 2481; ss. 1, 2, ch. 7849, 1919; RGS 3823; CGL 5699; s. 7, ch. 22858, 1945; s. 1, ch. 28225, 1953; s. 1, ch. 69-79; s. 1, ch. 71-53; s. 26, ch. 73-334; s. 3, ch. 80-173; s. 1, ch. 84-97; s. 763, ch. 97102; s. 21, ch. 98-246; s. 23, ch. 2019-71, effective January 1, 2020.

« Title XL. », « Ch. 695. », « § 695.031. » Fla. Stat. § 695.031

§ 695.031. Affidavits and acknowledgments by members of armed forces and their spouses. (1) In addition to the manner, form and proof of acknowledgment of instruments as now provided by law, any person serving in or with the Armed Forces of the United States, including the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, or any component or any arm or service of any thereof, including any female auxiliary of any thereof, and any person whose duties require his or her presence with the Armed Forces of the United States, as herein designated, or otherwise designated by law or military or naval command, may acknowledge any instrument, wherever located, either within or without the state, or without the United States, before any commissioned officer in active service of the Armed Forces of the United States, as herein designated, or otherwise designated by law, or military or naval command, or order, with the rank of second lieutenant or higher in the Army, Air Force, Space Force, or Marine Corps, or of any component or any arm or service of any thereof, including any female auxiliary of any thereof, or ensign or higher in the Navy or United States Coast Guard, or of any component or any arm or service of either thereof, including any female auxiliary of any thereof. (2) The instrument shall not be rendered invalid by the failure to state therein the place of execution or acknowledgment. No authentication of the officer’s certificate of acknowledgment or otherwise shall be required, and no seal shall be necessary, but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form: On this _________ day of _________, (year), before me _________, the undersigned officer, personally appeared _________, known to me (or satisfactorily proven) to be serving in or with, or whose duties require her or his presence with the Armed Forces of the United States, and to be the person whose name is subscribed to the within instrument, and acknowledged that she or he executed the same for the purposes therein contained, and the undersigned does further certify that she or he is at the date of this certificate a commissioned officer of the rank stated below and is in the active service of

the Armed Forces of the United States. (Signature of commissioned officer) (Rank of commissioned officer and command or branch of service to which officer is attached) (3) Such acknowledgments by a married woman, who is a member of the Armed Forces of the United States, shall be sufficient in all respects to bar the dower, homestead rights or separate property rights of such married woman in any real estate described in the instrument thus acknowledged by her, as fully and completely as though such married woman had acknowledged such instrument as now required by other statutes. (4) An acknowledgment by the spouse of a member of the Armed Forces of the United States shall be sufficient in all respects if it is acknowledged in the manner and form herein provided and shall have the same force and effect as though the instrument had been acknowledged as now required by other statutes and such acknowledgment by a married woman who is a spouse of a member of the Armed Forces of the United States shall be sufficient in all respects to bar the dower, homestead rights or separate property rights of such married woman in any real estate described in the instrument thus acknowledged by her as fully and completely as though such married woman had acknowledged such instrument as now required by other statutes. (5) Any instrument or document acknowledged in the manner and form herein provided shall be entitled to be recorded and shall be recorded as in the case of other instruments or documents properly acknowledged. (6) This section is to be liberally construed in favor of the validity of any such acknowledgments by any such member of the Armed Forces of the United States and any acknowledgments heretofore taken, containing words of similar import, are hereby confirmed and declared to be valid and binding. This section shall be construed as an enabling act and as an exception to existing laws rather than, inferentially or otherwise, as a repeal of the same or any part of the same. HISTORY: S. 7, ch. 22858, 1945; s. 1, ch. 57-40; s. 764, ch. 97-102; s. 28, ch. 99-6; s.

17, ch. 2022-183, effective July 1, 2022. Editor’s Notes Former s. 120.08.

« Title XL. », « Ch. 695. », « § 695.032. » Fla. Stat. § 695.032

§ 695.032. Provisions not applicable to transactions under chapter 679, Uniform Commercial Code. Section 695.03 shall not apply to any of the transactions within the scope of chapter 679 of the Uniform Commercial Code. HISTORY: S. 1, ch. 65-254.

« Title XL. », « Ch. 695. », « § 695.04. » Fla. Stat. § 695.04

§ 695.04. Requirements of certificate. — The certificate of the officer before whom the acknowledgment or proof is taken, except for a certificate legalizing or authenticating the signature of a person executing an instrument concerning real property pursuant to s. 695.03(3), shall contain and set forth substantially the matter required to be done or proved to make such acknowledgment or proof effectual as set forth in s. 117.05. HISTORY: RS 1974; GS 2482; RGS 3824; CGL 5700; s. 2, ch. 84-97; s. 24, ch. 201971, effective January 1, 2020.

« Title XL. », « Ch. 695. », « § 695.05. » Fla. Stat. § 695.05

§ 695.05. Certain defects cured as to acknowledgments and witnesses. All deeds, conveyances, bills of sale, mortgages or other transfers of real or personal property within the limits of this state, heretofore or hereafter made and received bona fide and upon good consideration by any corporation, and acknowledged for record before some officer, stockholder or other person interested in the corporation, grantee, or mortgagee as a notary public or other officer authorized to take acknowledgments of instruments for record within this state, shall be held, deemed and taken as valid as if acknowledged by the proper notary public or other officer authorized to take acknowledgments of instruments for record in this state not so interested in said corporation, grantee or mortgagee; and said instrument whenever recorded shall be deemed notice to all persons; provided, however, that this section shall not apply to any instrument heretofore made, the validity of which shall be contested by suit commenced within 1 year of the effective date of this law. HISTORY: S. 1, ch. 4953, 1901; GS 2483; RGS 3825; s. 1, ch. 11991, 1927; CGL 5701, 5702; s. 1, ch. 14706, 1931; CGL 1936 Supp. 5702(1); s. 11, ch. 20954, 1941.

« Title XL. », « Ch. 695. », « § 695.06. » Fla. Stat. § 695.06

§ 695.06. Certain irregularities as to venue validated. Whenever, in the acknowledgment to any deed or other instrument relating to real estate, heretofore recorded in this state, it shall appear, either from the recitals in such acknowledgment, or following the signature of the officer taking the same, or from the seal of such officer that the said acknowledgment was not taken, or may not have been taken, in the place as stated in the caption or venue thereof, said deed or other instrument shall, notwithstanding such irregularity or defect, be deemed and taken as properly acknowledged and of record. HISTORY: S. 1, ch. 11990, 1927; CGL 5703.

« Title XL. », « Ch. 695. », « § 695.07. » Fla. Stat. § 695.07

§ 695.07. Use of scrawl as seal. A scrawl or scroll, printed or written, affixed as a seal to any written instrument shall be as effectual as a seal. HISTORY: S. 1, ch. 4148, 1893; GS 2484; RGS 3826; CGL 5704.

« Title XL. », « Ch. 695. », « § 695.08. » Fla. Stat. § 695.08

§ 695.08. Prior use of scrawl as seal. All written instruments heretofore or hereafter made with a scrawl or scroll, printed or written, affixed as a seal are declared to be sealed instruments, and shall be construed and received in evidence as such in all the courts of this state. HISTORY: S. 2, ch. 4148, 1893; GS 2485; RGS 3827; CGL 5705.

« Title XL. », « Ch. 695. », « § 695.09. » Fla. Stat. § 695.09

§ 695.09. Identity of grantor. No acknowledgment or proof shall be taken, except as set forth in s. 695.03(3), by any officer within or without the United States unless the officer knows, or has satisfactory proof, that the person making the acknowledgment is the individual described in, and who executed, such instrument or that the person offering to make proof is one of the subscribing witnesses to such instrument. HISTORY: RS 1975; GS 2486; RGS 3828; CGL 5706; s. 3, ch. 84-97; s. 765, ch. 97102.

« Title XL. », « Ch. 695. », « § 695.10. » Fla. Stat. § 695.10

§ 695.10. Proof by others. Where the grantors and witnesses of any instrument which may be recorded are dead, or cannot be had, the judge of the circuit court, or the county court judge for the county wherein the real property is situated, may take the examination of any competent witness or witnesses, on oath, to prove the handwriting of the witness or witnesses, or where such proof cannot be had, then to prove the handwriting of the grantor or grantors, which shall be certified by the judge, and the instrument being thus proved may be recorded. HISTORY: RS 1976; GS 2487; RGS 3829; CGL 5707; s. 26, ch. 73-334.

« Title XL. », « Ch. 695. », « § 695.11. » Fla. Stat. § 695.11

§ 695.11. Instruments deemed to be recorded from time of filing. All instruments which are authorized or required to be recorded in the office of the clerk of the circuit court of any county in the State of Florida, and which are to be recorded in the “Official Records” as provided for under s. 28.222, and which are filed for recording on or after the effective date of this act, shall be deemed to have been officially accepted by the said officer, and officially recorded, at the time she or he affixed thereon the consecutive official register numbers required under s. 28.222, and at such time shall be notice to all persons. The sequence of such official numbers shall determine the priority of recordation. An instrument bearing the lower number in the then-current series of numbers shall have priority over any instrument bearing a higher number in the same series. HISTORY: S. 1, ch. 3592, 1885; RS 1977; GS 2488; RGS 3830; CGL 5708; s. 1, ch. 17217, 1935; s. 1, ch. 67-442; s. 766, ch. 97-102.

« Title XL. », « Ch. 695. », « § 695.12. » Fla. Stat. § 695.12

§ 695.12. Imperfect record. Whenever any instrument authorized or required by law to be recorded in any county either has been or may be so imperfectly or erroneously recorded as to require a new record thereof, if the officer who so recorded the same be still in office, she or he shall, upon demand of the owner of such instrument, or person controlling the same, record it anew free of any charge or fee than the fee allowed by law for one perfect record thereof. HISTORY: S. 1, ch. 3896, 1889; RS 1978; GS 2489; RGS 3831; CGL 5709; s. 767, ch. 97-102.

« Title XL. », « Ch. 695. », « § 695.13. » Fla. Stat. § 695.13

§ 695.13. Want of certificate of record. Whenever any instrument authorized or required by law to be recorded shall appear to be recorded in the appropriate record book in the proper office, whether the record shall be in the handwriting of the officer whose duty it was to record such instrument, or in the handwriting of any other person, the record shall be presumed to have been made by the officer whose duty it was to make it, and the absence of a certificate of such officer that such instrument was recorded by her or him shall in no wise affect the validity of the record. HISTORY: S. 1, ch. 3894, 1889; RS 1979; GS 2490; RGS 3832; CGL 5710; s. 768, ch. 97-102.

« Title XL. », « Ch. 695. », « § 695.14. » Fla. Stat. § 695.14

§ 695.14. Unsigned certificate of record. Whenever any unsigned certificate on such record of the instruments mentioned in s. 695.13 shall contain the date of filing or of recording such instrument, it shall be prima facie evidence of the time of filing or of recording such instrument. HISTORY: S. 2, ch. 3894, 1889; RS 1980; GS 2491; RGS 3833; CGL 5711.

« Title XL. », « Ch. 695. », « § 695.15. » Fla. Stat. § 695.15

§ 695.15. Recording conveyances lost by fire. Whenever the record in the office of the clerk of the circuit court of any county in this state of any deed, conveyance, contract, mortgage, deed of trust, map or plat or other instrument in writing affecting real estate in such county has been heretofore destroyed by fire, any such instrument, or a copy thereof from such former record duly certified, may be rerecorded in such county, and in rerecording the same the officer shall record the certificate of the previous record, and the date of filing for record appearing in said original certificate so recorded shall be deemed and taken as the date of the record thereof. And copies of such record so authorized to be made hereunder, duly certified by said officer, under the seal of said court, shall be received in evidence under the same circumstances and conditions under which a certified copy of the original record would be so received, and shall have the same force and effect as a certified copy of the original record. HISTORY: S. 1, ch. 4950, 1901; GS 2492; RGS 3834; CGL 5712; s. 7, ch. 22858, 1945.

« Title XL. », « Ch. 695. », « § 695.16. » Fla. Stat. § 695.16

§ 695.16. When mortgage or lien is destroyed. Whenever any mortgage or other lien required by law to be recorded, to be good and effectual against creditors or subsequent purchasers for a valuable consideration and without notice, has been heretofore recorded, and the record thereof has been destroyed by fire prior to May 30, 1901, such mortgage or other lien or a certified copy thereof, as aforesaid, shall be rerecorded within 9 months from said date, or such mortgage or other lien shall not be good or effectual in law or equity against a creditor or subsequent purchaser for valuable consideration and without notice; provided, however, that if the original instrument of mortgage or other lien has been lost or destroyed, the foregoing provision of this section shall not apply thereto, but such mortgage or other lien shall not be good or effectual in law or equity against creditors, or subsequent purchasers for a valuable consideration and without notice, unless legal proceedings to reestablish the same were begun in the proper court prior to March 3, 1902. HISTORY: S. 2, ch. 4950, 1901; GS 2493; RGS 3835; CGL 5713.

« Title XL. », « Ch. 695. », « § 695.17. » Fla. Stat. § 695.17

§ 695.17. United States deeds and patents may be recorded. Deeds and patents issued by the United States Government and photographic copies made by authority of said government from its records thereof in the general land office, embracing lands within the state, shall be admitted to record in this state in the county or counties where the land lies, when presented to the clerk of the court of the county where same is to be recorded, and when said deeds, patents or photographic copies shall appear to her or him to be genuine. HISTORY: S. 1, ch. 8565, 1921; CGL 5714; s. 769, ch. 97-102.

« Title XL. », « Ch. 695. », « § 695.18. » Fla. Stat. § 695.18

§ 695.18. Indorsement by clerk. Upon recording said deed, patent or certified copy, the clerk of the court shall indorse thereon and also upon the record made by her or him the following: “This deed and patent (or certified copy as the case may be) having been presented to me on the____ day of ____ for record, and same appearing to me to be genuine and to have been made and issued by the authority of the United States Government, I have duly recorded same in ____ on page ____ of the public records of my office. Witness my hand and official seal at ____ Florida, this ____ day of ____

HISTORY: S. 2, ch. 8565, 1921; CGL 5715; s. 770, ch. 97-102.

« Title XL. », « Ch. 695. », « § 695.19. » Fla. Stat. § 695.19

§ 695.19. Certified copies of recorded instruments may be recorded. Certified copies of deeds, mortgages, powers of attorney and all other instruments of any kind which have been or may hereafter be duly recorded or filed among the public records of any county in this state may be recorded or rerecorded among the public records of any other county in this state as fully and in the same manner and with like effect as if such certified copy were the original instrument. HISTORY: S. 1, ch. 11989, 1927; CGL 5717.

« Title XL. », « Ch. 695. », « § 695.20. » Fla. Stat. § 695.20

§ 695.20. Unperformed contracts of record. Whenever anyone shall have contracted to purchase real estate in the state, prior to January 1, 1930, by written agreement requiring all payments to be made within 10 years from the date of the contract, or has accepted an assignment of such an agreement, and the fact of the existence of such a contract of purchase, or assignment, appears of record from the instrument itself or by reference in some other recorded instrument, and shall not have obtained and placed of record a deed to the property or a decree of a court of competent jurisdiction recognizing her or his rights thereunto, and is not in actual possession of the property covered by the contract or by the assignment, as defined in s. 95.17, she or he, her or his surviving spouse, heirs, personal representatives, successors, and assigns, shall have no further interest in the property described in the contract, or the assignment, by virtue thereof, and the record of such contract, assignment or other record reference thereto, shall no longer constitute either actual or constructive notice to a purchaser, mortgagee, or other person acquiring an interest in the property, unless within 6 months after this law shall take effect, (approved April 26, 1941) she or he or some one claiming under her or him shall: (1) Place on record a deed or other conveyance of the property from the holder of the record title; or (2) Place on record a written instrument executed by the holder of the record title evidencing an extension or modification of the original contract and showing that the original contract remains in force and effect; or (3) Institute, or have pending, in a court of competent jurisdiction a suit for the enforcement of her or his rights under such contract. HISTORY: S. 1, ch. 20235, 1941; s. 771, ch. 97-102. Editor’s notes. Section 95.17, referred to in the middle of this section, was transferred to s. 95.16(2) by the reviser incident to compiling the 1974 Supplement to the

Florida Statutes 1973.

« Title XL. », « Ch. 695. », « § 695.22. » Fla. Stat. § 695.22

§ 695.22. Daily schedule of deeds and conveyances filed for record to be furnished property appraiser. After October 1, 1945, the several county recorders must keep and furnish to the respective county property appraisers in the counties where such instruments are recorded a daily schedule of the aforesaid deeds and conveyances so filed for recordation, in which schedule must be set forth the name of the grantor or grantors, the names and addresses of each grantee, and a description of the land as specified in each instrument so filed. The daily schedule must include notification of any information therein which is subject to a request for removal on file with the county recorder. HISTORY: S. 2, ch. 23114, 1945; s. 1, ch. 77-102; s. 4, ch. 2021-215, effective July 1, 2021.

« Title XL. », « Ch. 695. », « § 695.25. » Fla. Stat. § 695.25

§ 695.25. Short form of acknowledgment. — The forms of acknowledgment set forth in this section may be used, and are sufficient for their respective purposes, under any law of this state. The forms shall be known as “Statutory Short Forms of Acknowledgment” and may be referred to by that name. The authorization of the forms in this section does not preclude the use of other forms. (1) For an individual acting in his or her own right:

(2) For a corporation:

(3) For a limited liability company:

(4) For a partnership:

(5) For an individual acting as principal by an attorney in fact:

(6) By any public officer, trustee, or personal representative: STATE OF ___________ COUNTY OF ___________

HISTORY: S. 1, ch. 73-62; s. 10, ch. 91-291; s. 7, ch. 93-62; s. 772, ch. 97-102; s. 25, ch. 2019-71, effective January 1, 2020.

« Title XL. », « Ch. 695. », « § 695.26. » Fla. Stat. § 695.26

§ 695.26. Requirements for recording instruments affecting real property. (1) No instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of shall be recorded by the clerk of the circuit court unless: (a) The name of each person who executed such instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such person and the post-office address of each such person is legibly printed, typewritten, or stamped upon such instrument; (b) The name and post-office address of the natural person who prepared the instrument or under whose supervision it was prepared are legibly printed, typewritten, or stamped upon such instrument; (c) The name of each witness to the instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such witness; (d) The name of any notary public or other officer authorized to take acknowledgments or proofs whose signature appears upon the instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such notary public or other officer authorized to take acknowledgment or proofs; (e) A 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-inch by 3-inch space at the top right-hand corner on each subsequent page are reserved for use by the clerk of the court; and (f) In any instrument other than a mortgage conveying or purporting to convey any interest in real property, the name and post-office address of each grantee in such instrument are legibly printed, typewritten, or stamped upon such instrument. (2) If a name or address is printed, typewritten, or stamped on an instrument in a position other than the position required by subsection (1), the clerk of the circuit court may, in her or his discretion, accept the instrument for recordation if she or he determines that the connection

between the signature and the name or the name and the address is apparent. (3) This section does not apply to: (a) An instrument executed before July 1, 1991. (b) A decree, order, judgment, or writ of any court. (c) An instrument executed, acknowledged, or proved outside of this state. (d) A will. (e) A plat. (f) An instrument prepared or executed by any public officer other than a notary public. (4) The failure of the clerk of the circuit court to comply with this section does not impair the validity of the recordation or of the constructive notice imparted by recordation. HISTORY: S. 1, ch. 90-183; ss. 8, 22, ch. 94-348; s. 773, ch. 97-102.

« Title XL. », « Ch. 695. », « § 695.27. » Fla. Stat. § 695.27

§ 695.27. Uniform Real Property Electronic Recording Act. (1) Short title. — This section may be cited as the “Uniform Real Property Electronic Recording Act.” (2) Definitions. — As used in this section: (a) “Document” means information that is: 1. Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and 2. Eligible to be recorded in the Official Records, as defined in s. 28.222, and maintained by a county recorder. (b) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (c) “Electronic document” means a document that is received by a county recorder in an electronic form. (d) “Electronic signature” means an electronic sound, symbol, or process that is executed or adopted by a person with the intent to sign the document and is attached to or logically associated with a document such that, when recorded, it is assigned the same document number or a consecutive page number immediately following such document. (e) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, instrumentality, or any other legal or commercial entity. (f) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (3) Validity of electronic documents. — (a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying the

requirements of this section. (b) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature. (c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature. (4) Recording of documents. — (a) In this subsection, the term “paper document” means a document that is received by the county recorder in a form that is not electronic. (b) A county recorder: 1. Who implements any of the functions listed in this section shall do so in compliance with standards established by rule by the Department of State. 2. May receive, index, store, archive, and transmit electronic documents. 3. May provide for access to, and for search and retrieval of, documents and information by electronic means. 4. Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index. 5. May convert paper documents accepted for recording into electronic form. 6. May convert into electronic form information recorded before the county recorder began to record electronic documents. 7. May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording. (5) Administration and standards. — The Department of State, by

rule pursuant to ss. 120.536(1) and 120.54, shall prescribe standards to implement this section.To keep the standards and practices of county recorders in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this section and to keep the technology used by county recorders in this state compatible with technology used by recording offices in other jurisdictions that enact substantially this section, the Department of State, so far as is consistent with the purposes, policies, and provisions of this section, in adopting, amending, and repealing standards, shall consider: (a) Standards and practices of other jurisdictions. (b) The most recent standards adopted by national standard-setting bodies, such as the Property Records Industry Association. (c) The views of interested persons and governmental officials and entities. (d) The needs of counties of varying size, population, and resources. (e) Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering. (6) Uniformity of application and construction. — In applying and construing this section, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (7) Relation to electronic signatures in global and national commerce act. — This section modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. ss. 7001 et seq., but this section does not modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of any of the notices described in s. 103(b) of that act, 15 U.S.C. s. 7003(b). HISTORY: S. 1, ch. 2007-233, eff. June 27, 2007; s. 157, ch. 2020-2, effective May 18, 2020.

« Title XL. », « Ch. 695. », « § 695.28. • Fla. Stat. § 695.28

§ 695.28. Validity of recorded electronic documents. — (1) A document that is otherwise entitled to be recorded and that was or is submitted to the clerk of the court or county recorder by electronic or other means and accepted for recordation is deemed validly recorded and provides notice to all persons notwithstanding: (a) That the document was received and accepted for recordation before the Department of State adopted standards implementing s. 695.27; (b) Any defects in, deviations from, or the inability to demonstrate strict compliance with any statute, rule, or procedure relating to electronic signatures, electronic witnesses, electronic notarization, or online notarization, or for submitting or recording an electronic document in effect at the time the electronic document was executed or was submitted for recording; (c) That the document was signed, witnessed, or notarized electronically, and that the document was notarized by an online notary public outside the physical presence of the signer through audio-video communication technology, as defined in s. 117.201, or that witnessing may have been done outside the physical presence of the notary public or principal through such audio-visual communication; or (d) That the document recorded was a certified printout of a document to which one or more electronic signatures have been affixed. (2) This section does not alter the duty of the clerk or recorder to comply with s. 28.222, s. 695.27, or any rules adopted pursuant to those sections. (3) This section does not preclude a challenge to the validity or enforceability of an instrument or electronic record based upon fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, unconscionability, or any other basis not in the nature of those matters described in subsection (1). HISTORY: S. 1, ch. 2011-173, eff. June 17, 2011; s. 26, ch. 2019-71, effective January

1, 2020. Editor’s notes. Section 2, ch. 2011-173 provides: “This act is intended to clarify existing law and applies prospectively and retroactively.”

« Title XL. », « Ch. 709. » Fla. Stat. Title XL, Ch. 709

CHAPTER 709. POWERS OF ATTORNEY AND SIMILAR INSTRUMENTS. « Title XL. », « Ch. 709. », • Pt. I. » Fla. Stat. Title XL, Ch. 709, Pt. I

PART I. POWERS OF APPOINTMENT. « Title XL. », « Ch. 709. », • Pt. I. », • § 709.01. » Fla. Stat. § 709.01

§ 709.01. Power of attorney; authority of nominee when principal dead [Repealed]. Repealed by s. 33, ch. 2011-210, effective October 1, 2011. HISTORY: S. 1, ch. 23011, 1945; s. 1, ch. 67-453; s. 793, ch. 97-102.

« Title XL. », « Ch. 709. », • Pt. I. », « § 709.015. » Fla. Stat. § 709.015

§ 709.015. Power of attorney; authority of agent when principal listed as missing [Repealed]. Repealed by s. 33, ch. 2011-210, effective October 1, 2011. HISTORY: S. 1, ch. 70-33; s. 794, ch. 97-102.

« Title XL. », « Ch. 709. », • Pt. I. », « § 709.02. » Fla. Stat. § 709.02

§ 709.02. Power of appointment; method of release. Powers of appointment over any property, real, personal, intangible or mixed, may be released, in whole or in part, by a written instrument signed by the donee or donees of such powers. Such written releases shall be signed in the presence of two witnesses but need not be sealed, acknowledged or recorded in order to be valid, nor shall it be necessary to the validity of such releases for spouses of married donees to join such donees in the execution of releases, in whole or part, of powers of appointment. HISTORY: S. 1, ch. 23007, 1945; s. 795, ch. 97-102.

« Title XL. », « Ch. 709. », • Pt. I. », « § 709.03. » Fla. Stat. § 709.03

§ 709.03. Power of appointment; property held in trust. If property subject to a power of appointment is held in trust by a person, firm or corporation other than the donee or donees of the power, a written release, in whole or in part, of a power to appoint the same shall be delivered to such trustee or trustees before the written release becomes legally effective. In no other instance shall a delivery of a release, in whole or in part, of a power of appointment be necessary to the validity of such release. HISTORY: S. 2, ch. 23007, 1945.

« Title XL. », « Ch. 709. », • Pt. I. », « § 709.04. » Fla. Stat. § 709.04

§ 709.04. Power of appointment; effect of release. Any power of appointment wholly released by a written instrument signed by the donee or donees of such power shall be, in legal effect, completely revoked, and shall not, after such release, be subject to being exercised in any manner whatsoever. Any power of appointment partially released by a written instrument signed by the donee or donees of such power shall be, in legal effect, as to such released part, completely revoked, and shall not after such release be subject to being exercised in any manner whatsoever as to such released part. HISTORY: S. 3, ch. 23007, 1945.

« Title XL. », « Ch. 709. », • Pt. I. », « § 709.05. » Fla. Stat. § 709.05

§ 709.05. Powers of appointment; validation of prior releases. All releases, in whole or in part, of powers of appointment heretofore executed in a manner that conforms with the provisions of this law be and they are hereby validated and shall be given the same force and effect as if executed subsequently to the effective date of this law. HISTORY: S. 4, ch. 23007, 1945.

« Title XL. », « Ch. 709. », • Pt. I. », « § 709.06. » Fla. Stat. § 709.06

§ 709.06. Powers of appointment included in law. Powers of appointment referred to in this law shall include not only those recognized as such by general law but also those designated as such under the tax law of the United States. HISTORY: S. 5, ch. 23007, 1945.

« Title XL. », « Ch. 709. », • Pt. I. », « § 709.07. » Fla. Stat. § 709.07

§ 709.07. Power of appointment; effect of release on title to property. No such release, in whole or in part, of a power of appointment shall affect the title to property of any bona fide purchaser for value who does not have notice or knowledge of such release. HISTORY: S. 7, ch. 23007, 1945.

« Title XL. », « Ch. 709. », • Pt. I. », « § 709.08. » Fla. Stat. § 709.08

§ 709.08. Durable power of attorney [Repealed]. Repealed by s. 33, ch. 2011-210, effective October 1, 2011. HISTORY: S. 1, ch. 74-245; s. 1, ch. 77-272; s. 1, ch. 83-139; s. 1, ch. 88-36; s. 24, ch. 90-232; s. 1, ch. 92-71; s. 8, ch. 92-199; s. 17, ch. 95-401; s. 796, ch. 97-102; s. 2, ch. 97-240; s. 29, ch. 99-6; s. 1, ch. 2001-241; s. 104, ch. 2002-1; s. 22, ch. 2003-154; s. 16, ch. 2004-260; s. 31, ch. 2006-178, eff. July 1, 2006; s. 24, ch. 2006-217, eff. July 1, 2007.

« Title XL. », « Ch. 709. », • Pt. I. », « § 709.11. • Fla. Stat. § 709.11

§ 709.11. Deployment-contingent power of attorney [Repealed]. Repealed by s. 33, ch. 2011-210, effective October 1, 2011. HISTORY: S. 1, ch. 88-62.

« Title XL. », « Ch. 709. », « Pt. II. • Fla. Stat. Title XL, Ch. 709, Pt. II

PART II. POWERS OF ATTORNEY. « Title XL. », « Ch. 709. », « Pt. II. •, • § 709.2101. » Fla. Stat. § 709.2101

§ 709.2101. Short title. This part may be cited as the “Florida Power of Attorney Act.” HISTORY: S. 3, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2102. » Fla. Stat. § 709.2102

§ 709.2102. Definitions. As used in this part, the term: (1) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney in fact, or otherwise. The term includes an original agent, co-agent, and successor agent. (2) “Another state” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (3) “Broker-dealer” means a broker-dealer registered with the United States Securities and Exchange Commission or the Commodity Futures Trading Commission if the broker-dealer is acting in that capacity. (4) “Durable” means, with respect to a power of attorney, not terminated by the principal’s incapacity. (5) “Electronic” means technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (6) “Financial institution” has the same meaning as in s. 655.005. (7) “Incapacity” means the inability of an individual to take those actions necessary to obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, and income. (8) “Knowledge” means a person has actual knowledge of the fact, has received a notice or notification of the fact, or has reason to know the fact from all other facts and circumstances known to the person at the time in question. An organization that conducts activities through employees has notice or knowledge of a fact involving a power of attorney only from the time information was received by an employee having responsibility to act on matters involving the power of attorney, or would have had if brought to the employee’s attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if the organization maintains reasonable routines for communicating significant

information to the employee having responsibility to act on matters involving the power of attorney and there is reasonable compliance with the routines. Reasonable diligence does not require an employee to communicate information unless the communication is part of the individual’s regular duties or the individual knows that a matter involving the power of attorney would be materially affected by the information. (9) “Power of attorney” means a writing that grants authority to an agent to act in the place of the principal, whether or not the term is used in that writing. (10) “Presently exercisable general power of appointment” means, with respect to property or a property interest subject to a power of appointment, power exercisable at the time in question to vest absolute ownership in the principal individually, the principal’s estate, the principal’s creditors, or the creditors of the principal’s estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will. (11) “Principal” means an individual who grants authority to an agent in a power of attorney. (12) “Property” means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest or right therein. (13) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (14) “Sign” means having present intent to authenticate or adopt a record to: (a) Execute by signature or mark; or (b) Attach to, or logically associate with the record an electronic sound, symbol, or process. (15) “Third person” means any person other than the principal, or the

agent in the agent’s capacity as agent. HISTORY: S. 4, ch. 2011-210, eff. Oct. 1, 2011; s. 1, ch. 2013-90, eff. May 30, 2013.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2103. » Fla. Stat. § 709.2103

§ 709.2103. Applicability. This part applies to all powers of attorney except: (1) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; (2) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; (3) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (4) A power created by a person other than an individual; (5) A power given to a transfer agent to facilitate a specific transfer or disposition of one or more identified stocks, bonds, or other financial instruments; (6) A power authorizing a financial institution or broker-dealer, or an employee of the financial institution or broker-dealer, to act as agent for the account owner in executing trades or transfers of cash, securities, commodities, or other financial assets in the regular course of business; and (7) A delegation of powers by a trustee in accordance with s. 736.0807. HISTORY: S. 5, ch. 2011-210, eff. Oct. 1, 2011; s. 2, ch. 2013-90, eff. May 30, 2013.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2104. » Fla. Stat. § 709.2104

§ 709.2104. Durable power of attorney. Except as otherwise provided under this part, a power of attorney is durable if it contains the words: “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes,” or similar words that show the principal’s intent that the authority conferred is exercisable notwithstanding the principal’s subsequent incapacity. HISTORY: S. 6, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2105. » Fla. Stat. § 709.2105

§ 709.2105. Qualifications of agent; execution of power of attorney. (1) The agent must be a natural person who is 18 years of age or older or a financial institution that has trust powers, has a place of business in this state, and is authorized to conduct trust business in this state. (2) A power of attorney must be signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary public or as otherwise provided in s. 695.03. (3) If the principal is physically unable to sign the power of attorney, the notary public before whom the principal’s oath or acknowledgment is made may sign the principal’s name on the power of attorney pursuant to s. 117.05(14). HISTORY: S. 7, ch. 2011-210, eff. Oct. 1, 2011; s. 3, ch. 2013-90, eff. May 30, 2013.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2106. » Fla. Stat. § 709.2106

§ 709.2106. Validity of power of attorney. (1) A power of attorney executed on or after October 1, 2011, is valid if its execution complies with s. 709.2105. (2) A power of attorney executed before October 1, 2011, is valid if its execution complied with the law of this state at the time of execution. (3) A power of attorney executed in another state which does not comply with the execution requirements of this part is valid in this state if, when the power of attorney was executed, the power of attorney and its execution complied with the law of the state of execution. A third person who is requested to accept a power of attorney that is valid in this state solely because of this subsection may in good faith request, and rely upon, without further investigation, an opinion of counsel as to any matter of law concerning the power of attorney, including the due execution and validity of the power of attorney. An opinion of counsel requested under this subsection must be provided at the principal’s expense. A third person may reject a power of attorney that is valid in this state solely because of this subsection if the agent does not provide the requested opinion of counsel, and in such case, a third person has no liability for rejecting the power of attorney. This subsection does not affect any other rights of a third person who is requested to accept the power of attorney under this part, or any other provisions of applicable law. (4) A military power of attorney is valid if it is executed in accordance with 10 U.S.C. s. 1044b, as amended. A deployment-contingent power of attorney may be signed in advance, is effective upon the deployment of the principal, and shall be afforded full force and effect by the courts of this state. (5) Except as otherwise provided in the power of attorney, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. Notwithstanding this subsection, an original power of attorney that is relied upon to affect the title to real property may be required for recording in the official records. (6) An original of a properly executed power of attorney may be

presented to the clerk of the circuit court for recording in the official records as provided under s. 28.222 upon payment of the service charge as provided under s. 28.24. HISTORY: S. 8, ch. 2011-210, eff. Oct. 1, 2011; s. 4, ch. 2013-90, eff. May 30, 2013.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2107. » Fla. Stat. § 709.2107

§ 709.2107. Meaning and effectiveness of power of attorney. The meaning and effectiveness of a power of attorney is governed by this part if the power of attorney: (1) Is used in this state; or (2) States that it is to be governed by the laws of this state. HISTORY: S. 9, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2108. » Fla. Stat. § 709.2108

§ 709.2108. When power of attorney is effective. (1) Except as provided in this section, a power of attorney is exercisable when executed. (2) If a power of attorney executed before October 1, 2011, is conditioned on the principal’s lack of capacity and the power of attorney has not become exercisable before that date, the power of attorney is exercisable upon the delivery of the affidavit of a physician who has primary responsibility for the treatment and care of the principal and who is licensed to practice medicine or osteopathic medicine pursuant to chapter 458 or chapter 459 as of the date of the affidavit. The affidavit executed by the physician must state that the physician is licensed to practice medicine or osteopathic medicine pursuant to chapter 458 or chapter 459, that the physician is the primary physician who has responsibility for the treatment and care of the principal, and that the physician believes that the principal lacks the capacity to manage property. (3) Except as provided in subsection (2) and s. 709.2106(4), a power of attorney is ineffective if the power of attorney provides that it is to become effective at a future date or upon the occurrence of a future event or contingency. HISTORY: S. 10, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2109. » Fla. Stat. § 709.2109

§ 709.2109. Termination or suspension of power of attorney or agent’s authority. (1) A power of attorney terminates when: (a) The principal dies; (b) The principal becomes incapacitated, if the power of attorney is not durable; (c) The principal is adjudicated totally or partially incapacitated by a court, unless the court determines that certain authority granted by the power of attorney is to be exercisable by the agent; (d) The principal revokes the power of attorney; (e) The power of attorney provides that it terminates; (f) The purpose of the power of attorney is accomplished; or (g) The agent’s authority terminates and the power of attorney does not provide for another agent to act under the power of attorney. (2) An agent’s authority is exercisable until the authority terminates. An agent’s authority terminates when: (a) The agent dies, becomes incapacitated, resigns, or is removed by a court; (b) An action is filed for the dissolution or annulment of the agent’s marriage to the principal or for their legal separation, unless the power of attorney otherwise provides; or (c) The power of attorney terminates. (3) If any person initiates judicial proceedings to determine the principal’s incapacity or for the appointment of a guardian advocate, the authority granted under the power of attorney is suspended until the petition is dismissed or withdrawn or the court enters an order authorizing the agent to exercise one or more powers granted under the power of attorney. However, if the agent named in the power of attorney is the principal’s parent, spouse, child, or grandchild, the authority under the

power of attorney is not suspended unless a verified motion in accordance with s. 744.3203 is also filed. (a) If an emergency arises after initiation of proceedings to determine incapacity and before adjudication regarding the principal’s capacity, the agent may petition the court in which the proceeding is pending for authorization to exercise a power granted under the power of attorney. The petition must set forth the nature of the emergency, the property or matter involved, and the power to be exercised by the agent. (b) Notwithstanding the provisions of this section, unless otherwise ordered by the court, a proceeding to determine incapacity does not affect the authority of the agent to make health care decisions for the principal, including, but not limited to, those provided in chapter 765. If the principal has executed a health care advance directive designating a health care surrogate, the terms of the directive control if the directive and the power of attorney are in conflict unless the power of attorney is later executed and expressly states otherwise. (4) Termination or suspension of an agent’s authority or of a power of attorney is not effective as to an agent who, without knowledge of the termination or suspension, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest. HISTORY: S. 11, ch. 2011-210, eff. Oct. 1, 2011; s. 1, ch. 2015-83, effective July 1, 2015. Editor’s Notes Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2110. » Fla. Stat. § 709.2110

§ 709.2110. Revocation of power of attorney. (1) A principal may revoke a power of attorney by expressing the revocation in a subsequently executed power of attorney or other writing signed by the principal. The principal may give notice of the revocation to an agent who has accepted authority under the revoked power of attorney. (2) Except as provided in subsection (1), the execution of a power of attorney does not revoke a power of attorney previously executed by the principal. HISTORY: S. 12, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2111. » Fla. Stat. § 709.2111

§ 709.2111. Co-agents and successor agents. (1) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently. (2) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. Unless the power of attorney otherwise provides, a successor agent: (a) Has the same authority as that granted to the original agent; and (b) May not act until the predecessor agents have resigned, have died, have become incapacitated, are no longer qualified to serve, or have declined to serve. (3) Except as otherwise provided in the power of attorney and subsection (4), an agent who does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions or omissions of the other agent. (4) An agent who has actual knowledge of a breach or imminent breach of fiduciary duty by another agent, including a predecessor agent, must take any action reasonably appropriate in the circumstances to safeguard the principal’s best interests. If the agent in good faith believes that the principal is not incapacitated, giving notice to the principal is a sufficient action. An agent who fails to take action as required by this subsection is liable to the principal for the principal’s reasonably foreseeable damages that could have been avoided if the agent had taken such action. (5) A successor agent does not have a duty to review the conduct or decisions of a predecessor agent. Except as provided in subsection (4), a successor agent does not have a duty to institute any proceeding against a predecessor agent, or to file any claim against a predecessor agent’s estate, for any of the predecessor agent’s actions or omissions as agent. (6) If a power of attorney requires that two or more persons act together as co-agents, notwithstanding the requirement that they act together, one or

more of the agents may delegate to a co-agent the authority to conduct banking transactions as provided in s. 709.2208(1), whether the authority to conduct banking transactions is specifically enumerated or incorporated by reference to that section in the power of attorney. HISTORY: S. 13, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2112. » Fla. Stat. § 709.2112

§ 709.2112. Reimbursement and compensation of agent. (1) Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal. (2) Unless the power of attorney otherwise provides, a qualified agent is entitled to compensation that is reasonable under the circumstances. (3) Notwithstanding any provision in the power of attorney, an agent may not be paid compensation unless the agent is a qualified agent. (4) For purposes of this section, the term “qualified agent” means an agent who is the spouse of the principal, an heir of the principal within the meaning of s. 732.103, a financial institution that has trust powers and a place of business in this state, an attorney or certified public accountant who is licensed in this state, or a natural person who is a resident of this state and who has never been an agent for more than three principals at the same time. HISTORY: S. 14, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2113. » Fla. Stat. § 709.2113

§ 709.2113. Agent’s acceptance of appointment. Except as otherwise provided in the power of attorney, a person accepts appointment as an agent by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. The scope of an agent’s acceptance is limited to those aspects of the power of attorney for which the agent’s assertions or conduct reasonably manifests acceptance. HISTORY: S. 15, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2114. » Fla. Stat. § 709.2114

§ 709.2114. Agent’s duties. (1) An agent is a fiduciary. Notwithstanding the provisions in the power of attorney, an agent who has accepted appointment: (a) Must act only within the scope of authority granted in the power of attorney. In exercising that authority, the agent: 1. May not act contrary to the principal’s reasonable expectations actually known by the agent; 2. Must act in good faith; 3. May not act in a manner that is contrary to the principal’s best interest, except as provided in paragraph (2)(d) and s. 709.2202; and 4. Must attempt to preserve the principal’s estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal’s best interest based on all relevant factors, including: a. The value and nature of the principal’s property; b. The principal’s foreseeable obligations and need for maintenance; c. Minimization of taxes, including income, estate, inheritance, generationskipping transfer, and gift taxes; d. Eligibility for a benefit, a program, or assistance under a statute or rule; and e. The principal’s personal history of making or joining in making gifts; (b) May not delegate authority to a third person except as authorized under s. 518.112 or this part or by executing a power of attorney on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; (c) Must keep a record of all receipts, disbursements, and transactions made on behalf of the principal; and (d) Must create and maintain an accurate inventory each time the agent accesses the principal’s safe-deposit box, if the power of attorney authorizes

the agent to access the box. (2) Except as otherwise provided in the power of attorney, an agent who has accepted appointment shall: (a) Act loyally for the sole benefit of the principal; (b) Act so as not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest; (c) Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances; and (d) Cooperate with a person who has authority to make health care decisions for the principal in order to carry out the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal’s best interest. (3) An agent who acts in good faith is not liable to any beneficiary of the principal’s estate plan for failure to preserve the plan. (4) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent’s representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances. (5) Absent a breach of duty to the principal, an agent is not liable if the value of the principal’s property declines. (6) Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements, transactions conducted on behalf of the principal, or safe-deposit box inventories, unless ordered by a court or requested by the principal, a court-appointed guardian, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal’s estate. If requested, the agent must comply with the request within 60 days or provide a writing or other record substantiating why additional time is needed and comply with the request within an additional 60 days. HISTORY:

S. 16, ch. 2011-210, eff. Oct. 1, 2011; s. 5, ch. 2013-90, eff. May 30, 2013.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2115. » Fla. Stat. § 709.2115

§ 709.2115. Exoneration of agent. A power of attorney may provide that the agent is not liable for any acts or decisions made by the agent in good faith and under the power of attorney, except to the extent the provision: (1) Relieves the agent of liability for breach of a duty committed dishonestly, with improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or (2) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal. HISTORY: S. 17, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2116. » Fla. Stat. § 709.2116

§ 709.2116. Judicial relief; conflicts of interests. (1) A court may construe or enforce a power of attorney, review the agent’s conduct, terminate the agent’s authority, remove the agent, and grant other appropriate relief. (2) The following persons may petition the court: (a) The principal or the agent, including any nominated successor agent. (b) A guardian, conservator, trustee, or other fiduciary acting for the principal or the principal’s estate. (c) A person authorized to make health care decisions for the principal if the health care of the principal is affected by the actions of the agent. (d) Any other interested person if the person demonstrates to the court’s satisfaction that the person is interested in the welfare of the principal and has a good faith belief that the court’s intervention is necessary. (e) A governmental agency having regulatory authority to protect the welfare of the principal. (f) A person asked to honor the power of attorney. (3) In any proceeding commenced by filing a petition under this section, including, but not limited to, the unreasonable refusal of a third person to allow an agent to act pursuant to the power of attorney, and in challenges to the proper exercise of authority by the agent, the court shall award reasonable attorney fees and costs as in chancery actions. (4) If an agent’s exercise of a power is challenged in a judicial proceeding brought by or on behalf of the principal on the grounds that the exercise of the power was affected by a conflict of interest, and evidence is presented that the agent or an affiliate of the agent had a personal interest in the exercise of the power, the agent or affiliate has the burden of proving, by clear and convincing evidence that the agent acted: (a) Solely in the interest of the principal; or (b) In good faith in the principal’s best interest, and the conflict of interest

was expressly authorized in the power of attorney. (5) For purposes of subsection (4): (a) A provision authorizing an agent to engage in a transaction affected by a conflict of interest which is inserted into a power of attorney as the result of the abuse of a fiduciary or confidential relationship with the principal by the agent or the agent’s affiliate is invalid. (b) Affiliates of an agent include: 1. The agent’s spouse; 2. The agent’s descendants, siblings, parents, or their spouses; 3. A corporation or other entity in which the agent, or a person who owns a significant interest in the agent, has an interest that might affect the agent’s best judgment; 4. A person or entity that owns a significant interest in the agent; or 5. The agent acting in a fiduciary capacity for someone other than the principal. HISTORY: S. 18, ch. 2011-210, eff. Oct. 1, 2011; s. 6, ch. 2013-90, eff. May 30, 2013.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2117. » Fla. Stat. § 709.2117

§ 709.2117. Agent’s liability. An agent who violates this part is liable to the principal or the principal’s successors in interest for the amount required to: (1) Restore the value of the principal’s property to what it would have been had the violation not occurred; and (2) Reimburse the principal or the principal’s successors in interest for the attorney’s fees and costs paid from the principal’s funds on the agent’s behalf in defense of the agent’s actions. HISTORY: S. 19, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2118. » Fla. Stat. § 709.2118

§ 709.2118. Agent’s resignation. Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal, to the guardian if the principal is incapacitated and one has been appointed for the principal, and to any co-agent, or if none, the next successor agent. HISTORY: S. 20, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2119. » Fla. Stat. § 709.2119

§ 709.2119. Acceptance of and reliance upon power of attorney. (1)(a) A third person who in good faith accepts a power of attorney that appears to be executed in the manner required by law at the time of its execution may rely upon the power of attorney and the actions of the agent which are reasonably within the scope of the agent’s authority and may enforce any obligation created by the actions of the agent as if: 1. The power of attorney were genuine, valid, and still in effect; 2. The agent’s authority were genuine, valid, and still in effect; and 3. The authority of the officer executing for or on behalf of a financial institution that has trust powers and acting as agent is genuine, valid, and still in effect. (b) For purposes of this subsection, and without limiting what constitutes good faith, a third person does not accept a power of attorney in good faith if the third person has notice that: 1. The power of attorney is void, invalid, or terminated; or 2. The purported agent’s authority is void, invalid, suspended, or terminated. (2) A third person may require: (a) An agent to execute an affidavit stating where the principal is domiciled; that the principal is not deceased; that there has been no revocation, or partial or complete termination by adjudication of incapacity or by the occurrence of an event referenced in the power of attorney; that there has been no suspension by initiation of proceedings to determine incapacity, or to appoint a guardian, of the principal; that the agent’s authority has not been terminated by the filing of an action for dissolution or annulment of marriage or legal separation of the agent and principal; and, if the affiant is a successor agent, the reasons for the unavailability of the predecessor agents, if any, at the time the authority is exercised. (b) An officer of a financial institution acting as agent to execute a separate affidavit, or include in the form of the affidavit, the officer’s title and a

statement that the officer has full authority to perform all acts and enter into all transactions authorized by the power of attorney for and on behalf of the financial institution in its capacity as agent. (c) A written affidavit executed by the agent under this subsection which may, but need not, be in the following form: STATE OF________________ COUNTY OF________________

Before me, the undersigned authority, personally appeared (agent) (“Affiant”), by the means specified herein who swore or affirmed that: 1. Affiant is the agent named in the Power of Attorney executed by (principal) (“Principal”) on (date). 2. This Power of Attorney is currently exercisable by Affiant. The principal is domiciled in (insert name of state, territory, or foreign country). 3. To the best of Affiant’s knowledge after diligent search and inquiry: a. The Principal is not deceased; b. Affiant’s authority has not been suspended by initiation of proceedings to determine incapacity or to appoint a guardian or a guardian advocate; and c. Affiants authority has not been terminated by the filing of an action for dissolution or annulment of Affiants marriage to the principal, or their legal separation; and d. There has been no revocation, or partial or complete termination, of the power of attorney or of Affiant’s authority. 4. Affiant is acting within the scope of authority granted in the power of attorney. 5. Affiant is the successor to (insert name of predecessor agent), who has resigned, died, become incapacitated, is no longer qualified to serve, has declined to serve as agent, or is otherwise unable to act, if applicable. 6. Affiant agrees not to exercise any powers granted by the Power of Attorney if Affiant attains knowledge that the power of attorney has been

revoked, has been partially or completely terminated or suspended, or is no longer valid because of the death or adjudication of incapacity of the Principal. ________________ (Affiant)

Sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization this ____ day of (month), (year), by (name of person making statement) (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification

(Type of Identification Produced) (3) A third person who is asked to accept a power of attorney that appears to be executed in accordance with s. 709.2105 may in good faith request, and rely upon, without further investigation: (a) A certified English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; (b) An opinion of counsel as to any matter of law concerning the power of attorney if the third person making the request provides in a writing or other record the reason for the request; (c) The affidavit described in subsection (2); or (d) The electronic journal or record made by the notary public pursuant to the laws of the state in which the notary public is appointed if the power of attorney is witnessed or notarized remotely through the use of online witnesses or notarization. (4) An English translation, an opinion of counsel, or an electronic journal or record requested under this section must be provided at the principal’s expense unless the request is made after the time specified in s. 709.2120(1) for acceptance or rejection of the power of attorney. (5) Third persons who act in reliance upon the authority granted to an

agent and in accordance with the instructions of the agent shall be held harmless by the principal from any loss suffered or liability incurred as a result of actions taken before the receipt of notice as provided in s. 709.2121. A third person who acts in good faith upon any representation, direction, decision, or act of the agent is not liable to the principal or the principal’s estate, beneficiaries, or joint owners for those acts. (6) The acts of an agent under a power of attorney are as valid and binding on the principal or the principal’s estate as if the principal were alive and competent if, in connection with any activity pertaining to hostilities in which the United States is then engaged, the principal is officially listed or reported by a branch of the United States Armed Forces in a missing status as defined in 37 U.S.C. s. 551 or 5 U.S.C. s. 5561, regardless of whether the principal is dead, alive, or incompetent. Homestead property held as tenants by the entireties may not be conveyed by a power of attorney regulated under this provision until 1 year after the first official report or listing of the principal as missing or missing in action. An affidavit of an officer of the Armed Forces having maintenance and control of the records pertaining to those missing or missing in action that the principal has been in that status for a given period is conclusive presumption of the fact. HISTORY: S. 21, ch. 2011-210, eff. Oct. 1, 2011; s. 7, ch. 2013-90, eff. May 30, 2013; s. 27, ch. 2019-71, effective January 1, 2020; s. 3, ch. 2021-205, effective June 29, 2021.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2120. » Fla. Stat. § 709.2120

§ 709.2120. Rejecting power of attorney. (1) A third person must accept or reject a power of attorney within a reasonable time. Four days, excluding Saturdays, Sundays, and legal holidays, are presumed to be a reasonable time for a financial institution or broker-dealer to accept or reject a power of attorney with respect to: (a) A banking transaction, if the power of attorney expressly contains authority to conduct banking transactions pursuant to s. 709.2208(1); or (b) An investment transaction, if the power of attorney expressly contains authority to conduct investment transactions pursuant to s. 709.2208(2). (2) A third person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. (3) A third person who rejects a power of attorney for any reason other than as provided in paragraph (4)(a) must state in writing the reason for the rejection. (4) A third person is not required to accept a power of attorney if: (a) The third person is not otherwise required to engage in a transaction with the principal in the same circumstances; (b) The third person has knowledge of the termination or suspension of the agent’s authority or of the power of attorney before exercising the power; (c) A timely request by the third person for an affidavit, English translation, opinion of counsel, or electronic journal or record under s. 709.2119 is refused by the agent; (d) The power of attorney is witnessed or notarized remotely through the use of online witnesses or notarization, and either the agent is unable to produce the electronic journal or record, or the notary public did not maintain an electronic journal or record of the notarization; (e) Except as provided in paragraph (b), the third person believes in good faith that the power is not valid or that the agent does not have authority to perform the act requested; or

(f) The third person makes, or has knowledge that another person has made, a report to the local adult protective services office stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent. (5) A third person who, in violation of this section, rejects a power of attorney is subject to: (a) A court order mandating acceptance of the power of attorney; and (b) Liability for damages, including reasonable attorney fees and costs, incurred in any action or proceeding that confirms, for the purpose tendered, the validity of the power of attorney or mandates acceptance of the power of attorney. HISTORY: S. 22, ch. 2011-210, eff. Oct. 1, 2011; s. 8, ch. 2013-90, eff. May 30, 2013; s. 28, ch. 2019-71, effective January 1, 2020.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2121. » Fla. Stat. § 709.2121

§ 709.2121. Notice. (1) A notice, including a notice of revocation, notice of partial or complete termination by adjudication of incapacity or by the occurrence of an event referenced in the power of attorney, notice of death of the principal, notice of suspension by initiation of proceedings to determine incapacity or to appoint a guardian, or other notice, is not effective until written notice is provided to the agent or any third persons relying upon a power of attorney. (2) Notice must be in writing and must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person’s last known place of residence or place of business, or a properly directed facsimile or other electronic message. (3) Notice to a financial institution or broker-dealer must contain the principal’s name and address and the last four digits of the principal’s taxpayer identification number and be directed to an officer or a manager of the financial institution or broker-dealer in this state. (4) Notice is effective when given, except that notice upon a financial institution, brokerage company, or title insurance company is not effective until 5 days, excluding Saturdays, Sundays, and legal holidays, after it is received. HISTORY: S. 23, ch. 2011-210, eff. Oct. 1, 2011; s. 9, ch. 2013-90, eff. May 30, 2013.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2201. » Fla. Stat. § 709.2201

§ 709.2201. Authority of agent. (1) Except as provided in this section or other applicable law, an agent may only exercise authority specifically granted to the agent in the power of attorney and any authority reasonably necessary to give effect to that express grant of specific authority. General provisions in a power of attorney which do not identify the specific authority granted, such as provisions purporting to give the agent authority to do all acts that the principal can do, are not express grants of specific authority and do not grant any authority to the agent. Court approval is not required for any action of the agent in furtherance of an express grant of specific authority. (2) As a confirmation of the law in effect in this state when this part became effective, such authorization may include, without limitation, authority to: (a) Execute stock powers or similar documents on behalf of the principal and delegate to a transfer agent or similar person the authority to register any stocks, bonds, or other securities into or out of the principal’s or nominee’s name. (b) Convey or mortgage homestead property. However, if the principal is married, the agent may not mortgage or convey homestead property without joinder of the principal’s spouse or the spouse’s guardian. Joinder by a spouse may be accomplished by the exercise of authority in a power of attorney executed by the joining spouse, and either spouse may appoint the other as his or her agent. (c) If such authority is specifically granted in a durable power of attorney, make all health care decisions on behalf of the principal, including, but not limited to, those set forth in chapter 765. (3) Notwithstanding the provisions of this section, an agent may not: (a) Perform duties under a contract that requires the exercise of personal services of the principal; (b) Make any affidavit as to the personal knowledge of the principal;

(c) Vote in any public election on behalf of the principal; (d) Execute or revoke any will or codicil for the principal; or (e) Exercise powers and authority granted to the principal as trustee or as court-appointed fiduciary. (4) Subject to s. 709.2202, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls. (5) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed and to property that the principal acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state. (6) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal’s successors in interest as if the principal had performed the act. HISTORY: S. 24, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2202. » Fla. Stat. § 709.2202

§ 709.2202. Authority that requires separate signed enumeration. (1) Notwithstanding s. 709.2201, an agent may exercise the following authority only if the principal signed or initialed next to each specific enumeration of the authority, the exercise of the authority is consistent with the agent’s duties under s. 709.2114, and the exercise is not otherwise prohibited by another agreement or instrument: (a) Create an inter vivos trust; (b) With respect to a trust created by or on behalf of the principal, amend, modify, revoke, or terminate the trust, but only if the trust instrument explicitly provides for amendment, modification, revocation, or termination by the settlor’s agent; (c) Make a gift, subject to subsection (4); (d) Create or change rights of survivorship; (e) Create or change a beneficiary designation; (f) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; or (g) Disclaim property and powers of appointment. (2) In addition to signing the power of attorney on behalf of the principal pursuant to s. 709.2105(3), if the principal is physically unable to sign or initial next to any enumerated authority for which subsection (1) requires the principal to sign or initial, the notary public before whom the principal’s oath or acknowledgment is made may sign the principal’s name or initials if: (a) The principal directs the notary to sign the principal’s name or initials on the power of attorney next to any enumerated authority for which subsection (1) requires the principal to sign or initial; (b) The signing or initialling by the notary is done in the presence of the principal and witnessed by two disinterested subscribing witnesses; and (c) The notary writes the statement “Signature or initials affixed by the

notary pursuant to s. 709.2202(2), Florida Statutes,” below each signature or initial that the notary writes on behalf of the principal. Only one notarial certificate in substantially the same form as those described in s. 117.05(14), which states the circumstances of all signatures and initials written by the notary public, is required to be completed by the notary public. (3) Notwithstanding a grant of authority to do an act described in subsection (1), unless the power of attorney otherwise provides, an agent who is not an ancestor, spouse, or descendant of the principal may not exercise authority to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal’s property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise. (4) Unless the power of attorney otherwise provides, a provision in a power of attorney granting general authority with respect to gifts authorizes the agent to only: (a) Make outright to, or for the benefit of, a person a gift of any of the principal’s property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee per calendar year not to exceed the annual dollar limits of the federal gift tax exclusion under 26 U.S.C. s. 2503(b), as amended, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal’s spouse agrees to consent to a split gift pursuant to 26 U.S.C. s. 2513, as amended, in an amount per donee per calendar year not to exceed twice the annual federal gift tax exclusion limit; and (b) Consent, pursuant to 26 U.S.C. s. 2513, as amended, to the splitting of a gift made by the principal’s spouse in an amount per donee per calendar year not to exceed the aggregate annual gift tax exclusions for both spouses. (5) Notwithstanding subsection (1), if a power of attorney is otherwise sufficient to grant an agent authority to conduct banking transactions, as provided in s. 709.2208(1), conduct investment transactions as provided in s. 709.2208(2), or otherwise make additions to or withdrawals from an account of the principal, making a deposit to or withdrawal from an insurance policy, retirement account, individual retirement account, benefit

plan, bank account, or any other account held jointly or otherwise held in survivorship or payable on death, is not considered to be a change to the survivorship feature or beneficiary designation, and no further specific authority is required for the agent to exercise such authority. A financial institution or broker-dealer does not have a duty to inquire as to the appropriateness of the agent’s exercise of that authority and is not liable to the principal or any other person for actions taken in good faith reliance on the appropriateness of the agent’s actions. This subsection does not eliminate the agent’s fiduciary duties to the principal with respect to any exercise of the power of attorney. (6) Notwithstanding subsection (1) and s. 709.2106(3), a power of attorney, executed by a principal domiciled in this state at the time of execution, that is witnessed remotely pursuant to s. 117.285 or other applicable law by a witness who is not in the physical presence of the principal is not effective to grant authority to an agent to take any of the actions enumerated in subsection (1). (7) This section does not apply to a power of attorney executed before October 1, 2011. HISTORY: S. 25, ch. 2011-210, eff. Oct. 1, 2011; s. 10, ch. 2013-90, eff. May 30, 2013; s. 29, ch. 2019-71, effective January 1, 2020.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2208. » Fla. Stat. § 709.2208

§ 709.2208. Banks and other financial institutions. (1) A power of attorney that includes the statement that the agent has “authority to conduct banking transactions as provided in section 709.2208(1), Florida Statutes” grants general authority to the agent to engage in the following transactions with financial institutions without additional specific enumeration in the power of attorney: (a) Establish, continue, modify, or terminate an account or other banking arrangement with a financial institution. (b) Contract for services available from a financial institution, including renting a safe-deposit box or space in a vault. (c) Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution. (d) Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them. (e) Purchase cashier’s checks, official checks, counter checks, bank drafts, money orders, and similar instruments. (f) Endorse and negotiate checks, cashier’s checks, official checks, drafts, and other negotiable paper of the principal or payable to the principal or the principal’s order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due. (g) Apply for, receive, and use debit cards, electronic transaction authorizations, and traveler’s checks from a financial institution. (h) Use, charge, or draw upon any line of credit, credit card, or other credit established by the principal with a financial institution. (i) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.

(2) A power of attorney that specifically includes the statement that the agent has “authority to conduct investment transactions as provided in section 709.2208(2), Florida Statutes” grants general authority to the agent with respect to securities held by financial institutions or broker-dealers to take the following actions without additional specific enumeration in the power of attorney: (a) Buy, sell, and exchange investment instruments. (b) Establish, continue, modify, or terminate an account with respect to investment instruments. (c) Pledge investment instruments as security to borrow, pay, renew, or extend the time of payment of a debt of the principal. (d) Receive certificates and other evidences of ownership with respect to investment instruments. (e) Exercise voting rights with respect to investment instruments in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote. (f) Sell commodity futures contracts and call and put options on stocks and stock indexes. For purposes of this subsection, the term “investment instruments” means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner, including shares or interests in a private investment fund, including, but not limited to, a private investment fund organized as a limited partnership, a limited liability company, a statutory or common law business trust, a statutory trust, or a real estate investment trust, joint venture, or any other general or limited partnership; derivatives or other interests of any nature in securities such as options, options on futures, and variable forward contracts; mutual funds; common trust funds; money market funds; hedge funds; private equity or venture capital funds; insurance contracts; and other entities or vehicles investing in securities or interests in securities whether registered or otherwise, except commodity futures contracts and call and put options on stocks and stock indexes. HISTORY:

S. 26, ch. 2011-210, eff. Oct. 1, 2011; s. 11, ch. 2013-90, eff. May 30, 2013.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2301. » Fla. Stat. § 709.2301

§ 709.2301. Principles of law and equity. The common law of agency and principles of equity supplement this part, except as modified by this part or other state law. HISTORY: S. 27, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2302. » Fla. Stat. § 709.2302

§ 709.2302. Laws applicable to financial institutions and entities. This part does not supersede any other law applicable to financial institutions or other entities, and that law controls if inconsistent with this part. HISTORY: S. 28, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2303. » Fla. Stat. § 709.2303

§ 709.2303. Remedies under other law. The remedies under this part are not exclusive and do not abrogate any right or remedy under any other law other than this part. HISTORY: S. 29, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2401. » Fla. Stat. § 709.2401

§ 709.2401. Relation to electronic signatures in federal law. This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, or authorize electronic delivery of any of the notices described in s. 103(b) of that act. HISTORY: S. 30, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 709. », « Pt. II. •, « § 709.2402. • Fla. Stat. § 709.2402

§ 709.2402. Effect on existing powers of attorney. Except as otherwise provided in this part: (1) With respect to formalities of execution, this part applies to a power of attorney created on or after October 1, 2011. (2) With respect to all matters other than formalities of execution, this part applies to a power of attorney regardless of the date of creation. (3) With respect to a power of attorney existing on October 1, 2011, this part does not invalidate such power of attorney and it shall remain in effect. If a right was acquired under any other law before October 1, 2011, that law continues to apply to the right even if it has been repealed or superseded. (4) An act of an agent occurring before October 1, 2011, is not affected by this part. HISTORY: S. 31, ch. 2011-210, eff. Oct. 1, 2011.

« Title XL. », « Ch. 710. » Fla. Stat. Title XL, Ch. 710

CHAPTER 710. TRANSFERS TO MINORS. « Title XL. », « Ch. 710. », • § 710.101. » Fla. Stat. § 710.101

§ 710.101. Short title. This act may be cited as the “Florida Uniform Transfers to Minors Act.” HISTORY: S. 1, ch. 85-95.

« Title XL. », « Ch. 710. », « § 710.102. » Fla. Stat. § 710.102

§ 710.102. Definitions. As used in this act, the term: (1) “Adult” means an individual who has attained the age of 21 years. (2) “Benefit plan” means a retirement plan and may include, but is not limited to, any pension, profit-sharing, stock-bonus, or stock-ownership plan or individual retirement account. (3) “Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person’s own account or for the account of others. (4) “Conservator” means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor’s property or a person legally authorized to perform substantially the same functions. (5) “Court” means the circuit court. (6) “Custodial property” means any interest in property transferred to a custodian under this act and the income from and proceeds of that interest in property. (7) “Custodian” means a person so designated under s. 710.111 or a successor or substitute custodian designated under s. 710.121. (8) “Financial institution” means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law. (9) “General power of appointment” means a power of appointment as defined in s. 732.2025(3). (10) “Legal representative” representative or conservator.

means

an

individual’s

personal

(11) “Member of the minor’s family” means the minor’s parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption. (12) “Minor” means an individual who has not attained the age of 21

years. (13) “Person” means an individual, corporation, organization, or other legal entity. (14) “Personal representative” means an executor, administrator, successor personal representative, or special administrator of a decedent’s estate or a person legally authorized to perform substantially the same functions. (15) “Qualified minor’s trust” means a trust that meets the requirements of s. 2503(c) of the Internal Revenue Code of 1986, as amended. (16) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. (17) “Transfer” means a transaction that creates custodial property under s. 710.111. (18) “Transferor” means a person who makes a transfer under this act. (19) “Trust company” means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. HISTORY: S. 1, ch. 85-95; s. 3, ch. 2005-101; s. 1, ch. 2015-140, effective July 1, 2015. Editor’s notes. Section 2503(c) of the Internal Revenue Code of 1986, referred to in this section, is codified as 26 U.S.C.S. § 2503(c).

« Title XL. », « Ch. 710. », « § 710.103. » Fla. Stat. § 710.103

§ 710.103. Scope and jurisdiction. (1) This act applies to a transfer that refers to this act in the designation under s. 710.111(1) by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this act despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state. (2) A person designated as custodian under this act is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship. (3) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state. HISTORY: S. 1, ch. 85-95.

« Title XL. », « Ch. 710. », « § 710.104. » Fla. Stat. § 710.104

§ 710.104. Nomination of custodian. (1) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: “as custodian for (name of minor) under the Florida Uniform Transfers to Minors Act.” The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights, including, but not limited to, the right to a benefit plan, which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights. (2) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under s. 710.111(1). (3) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under s. 710.111. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to s. 710.111. HISTORY: S. 1, ch. 85-95; s. 4, ch. 2005-101.

« Title XL. », « Ch. 710. », « § 710.105. » Fla. Stat. § 710.105

§ 710.105. Transfer by gift or exercise of power of appointment. A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to s. 710.111. Notwithstanding s. 710.106, a transfer by irrevocable gift from a trust over which the grantor has at the time of transfer a right of revocation, as defined in s. 733.707(3)(e), shall be treated for all purposes under this act as a transfer made directly by the grantor of the trust. HISTORY: S. 1, ch. 85-95; s. 2, ch. 2015-140, effective July 1, 2015.

« Title XL. », « Ch. 710. », « § 710.106. » Fla. Stat. § 710.106

§ 710.106. Transfer authorized by will or trust. (1) A personal representative or trustee may make an irrevocable transfer pursuant to s. 710.111 to a custodian for the benefit of a minor as authorized in the governing will or trust. (2) If the testator or settlor has nominated a custodian under s. 710.104 to receive the custodial property, the transfer must be made to that person. (3) If the testator or settlor has not nominated a custodian under s. 710.104, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under s. 710.111(1). HISTORY: S. 1, ch. 85-95.

« Title XL. », « Ch. 710. », « § 710.107. » Fla. Stat. § 710.107

§ 710.107. Other transfer by fiduciary. (1) Subject to subsection (3), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to s. 710.111, in the absence of a will or under a will or trust that does not contain an authorization to do so. (2) Subject to subsection (3), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to s. 710.111. (3) A transfer under subsection (1) or subsection (2) may be made only if: (a) The personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor; (b) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and (c) The transfer is authorized by the court if it exceeds $10,000 in value. HISTORY: S. 1, ch. 85-95.

« Title XL. », « Ch. 710. », « § 710.108. » Fla. Stat. § 710.108

§ 710.108. Transfer by obligor. (1) Subject to subsections (2) and (3), a person not subject to s. 710.106 or s. 710.107 who holds property, including, but not limited to, a benefit plan, of a minor not having a conservator, or who owes a liquidated debt to a minor not having a conservator, may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to s. 710.111. (2) If a person having the right to do so under s. 710.104 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person. (3) If no custodian has been nominated under s. 710.104, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor’s family or to a trust company unless the property exceeds $15,000 in value. HISTORY: S. 1, ch. 85-95; s. 61, ch. 87-226; s. 5, ch. 2005-101.

« Title XL. », « Ch. 710. », « § 710.109. » Fla. Stat. § 710.109

§ 710.109. Receipt for custodial property. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this act. HISTORY: S. 1, ch. 85-95.

« Title XL. », « Ch. 710. », « § 710.111. » Fla. Stat. § 710.111

§ 710.111. Manner of creating custodial property and effecting transfer; designation of initial custodian; control. (1) Custodial property is created and a transfer is made whenever: (a) An uncertificated security or a certificated security in registered form is either: 1. Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for (name of minor) under the Florida Uniform Transfers to Minors Act”; or 2. Delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (2); (b) Money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for (name of minor) under the Florida Uniform Transfers to Minors Act”; (c) The ownership of a life or endowment insurance policy or annuity contract is either: 1. Registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for (name of minor) under the Florida Uniform Transfers to Minors Act”; or 2. Assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: “as custodian for (name of minor) under the Florida Uniform Transfers to Minors Act”; (d) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written

notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words: “as custodian for (name of minor) under the Florida Uniform Transfers to Minors Act”; (e) An interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for (name of minor) under the Florida Uniform Transfers to Minors Act”; (f) A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either: 1. Issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for (name of minor) under the Florida Uniform Transfers to Minors Act”; or 2. Delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: “as custodian for (name of minor) under the Florida Uniform Transfers to Minors Act”; or (g) An interest in any property not described in paragraphs (a)-(f) is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (2). (2) An instrument in the following form satisfies the requirements of subparagraph (1)(a)2. and paragraph (1)(g):

(3) A transferor shall place the custodian in control of the custodial

property as soon as practicable. HISTORY: S. 1, ch. 85-95.

« Title XL. », « Ch. 710. », « § 710.112. » Fla. Stat. § 710.112

§ 710.112. Single custodianship. A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this act by the same custodian for the benefit of the same minor constitutes a single custodianship. HISTORY: S. 1, ch. 85-95.

« Title XL. », « Ch. 710. », « § 710.113. » Fla. Stat. § 710.113

§ 710.113. Validity and effect of transfer. (1) The validity of a transfer made in a manner prescribed in this act is not affected by: (a) Failure of the transferor to comply with s. 710.111(3) concerning possession and control; (b) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under s. 710.111(1); or (c) Death or incapacity of a person nominated under s. 710.104 or designated under s. 710.111 as custodian or the disclaimer of the office by that person. (2) A transfer made pursuant to s. 710.111 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this act, and neither the minor nor the minor’s legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this act. (3) By making a transfer, the transferor incorporates in the disposition all the provisions of this act and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this act. HISTORY: S. 1, ch. 85-95.

« Title XL. », « Ch. 710. », « § 710.114. » Fla. Stat. § 710.114

§ 710.114. Care of custodial property. (1) A custodian shall: (a) Take control of custodial property; (b) Register or record title to custodial property if appropriate; and (c) Collect, hold, manage, invest, and reinvest custodial property. (2) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian’s discretion and without liability to the minor or the minor’s estate, may retain any custodial property received from a transferor. (3) A custodian may invest in or pay premiums on life insurance or endowment policies on the life of the minor only if the minor or the minor’s estate is the sole beneficiary, or on the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor’s estate, or the custodian in the capacity of custodian is the irrevocable beneficiary. (4) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor’s interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: “as a custodian for (name of minor) under the Florida Uniform Transfers to Minors Act.” (5) A custodian shall keep records of all transactions with respect to

custodial property, including information necessary for the preparation of the minor’s tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years. HISTORY: S. 1, ch. 85-95.

« Title XL. », « Ch. 710. », « § 710.115. » Fla. Stat. § 710.115

§ 710.115. Powers of custodian. (1) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only. (2) This section does not relieve a custodian from liability for breach of s. 710.114. HISTORY: S. 1, ch. 85-95.

« Title XL. », « Ch. 710. », « § 710.116. » Fla. Stat. § 710.116

§ 710.116. Use of custodial property. (1) A custodian may deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to the duty or ability of the custodian personally or of any other person to support the minor, or to any other income or property of the minor which may be applicable or available for that purpose. (2) A custodian may, without court order, transfer all or part of the custodial property to a qualified minor’s trust. A transfer of property pursuant to this subsection terminates the custodianship to the extent of the property transferred. (3) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor. (4) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor. HISTORY: S. 1, ch. 85-95; s. 6, ch. 2005-101.

« Title XL. », « Ch. 710. », « § 710.117. » Fla. Stat. § 710.117

§ 710.117. Custodian’s expenses, compensation, and bond. (1) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties. (2) Except for one who is a transferor under s. 710.105, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year. (3) Except as provided in s. 710.121(6), a custodian need not give a bond. HISTORY: S. 1, ch. 85-95.

« Title XL. », « Ch. 710. », « § 710.118. » Fla. Stat. § 710.118

§ 710.118. Exemption of third person from liability. A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining: (1) The validity of the purported custodian’s designation; (2) The propriety of, or the authority under this act for, any act of the purported custodian; (3) The validity or propriety under this act of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or (4) The propriety of the application of any property of the minor delivered to the purported custodian. HISTORY: S. 1, ch. 85-95.

« Title XL. », « Ch. 710. », « § 710.119. » Fla. Stat. § 710.119

§ 710.119. Liability to third persons. (1) A claim based on: (a) A contract entered into by a custodian acting in a custodial capacity; (b) An obligation arising from the ownership or control of custodial property; or (c) A tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor. (2) A custodian is not personally liable: (a) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or (b) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault. (3) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault. HISTORY: S. 1, ch. 85-95.

« Title XL. », « Ch. 710. », « § 710.121. » Fla. Stat. § 710.121

§ 710.121. Renunciation, resignation, death, or removal of custodian; designation of successor custodian. (1) A person nominated under s. 710.104 or designated under s. 710.111 as custodian may decline to serve by delivering a valid disclaimer under chapter 739 to the person who made the nomination or to the transferor or the transferor’s legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under s. 710.104, the person who made the nomination may nominate a substitute custodian under s. 710.104; otherwise, the transferor or the transferor’s legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under s. 710.111(1). The custodian so designated has the rights of a successor custodian. (2) A custodian at any time may designate a trust company or an adult other than a transferor under s. 710.105 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed. (3) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian. (4) If a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subsection (2), an adult member of the minor’s family, a conservator of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes

successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor’s family, or any other interested person may petition the court to designate a successor custodian. (5) A custodian who declines to serve under subsection (1) or resigns under subsection (3), or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received. (6) A transferor, the legal representative of a transferor, an adult member of the minor’s family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of 14 years may petition the court to remove the custodian for cause and designate a successor custodian other than a transferor under s. 710.105 or to require the custodian to give appropriate bond. HISTORY: S. 1, ch. 85-95; s. 4, ch. 2005-108.

« Title XL. », « Ch. 710. », « § 710.122. » Fla. Stat. § 710.122

§ 710.122. Accounting by and determination of liability of custodian. (1) A minor who has attained the age of 14 years, the minor’s guardian of the person or legal representative, an adult member of the minor’s family, a transferor, or a transferor’s legal representative may petition the court for an accounting by the custodian or the custodian’s legal representative or for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under s. 710.119 to which the minor or the minor’s legal representative was a party. (2) A successor custodian may petition the court for an accounting by the predecessor custodian. (3) The court, in a proceeding under this act or in any other proceeding, may require or permit the custodian or the custodian’s legal representative to account. (4) If a custodian is removed under s. 710.121(6), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property. HISTORY: S. 1, ch. 85-95.

« Title XL. », « Ch. 710. », « § 710.123. » Fla. Stat. § 710.123

§ 710.123. Termination of custodianship. (1) The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor’s estate upon the earlier of: (a) The minor’s attainment of 21 years of age with respect to custodial property transferred under s. 710.105 or s. 710.106. However, a transferor can, with respect to such custodial property, create the custodianship so that it terminates when the minor attains 25 years of age; (b) The minor’s attainment of 18 years of age with respect to custodial property transferred under s. 710.107 or s. 710.108; or (c) The minor’s death. (2) If the transferor of a custodianship under paragraph (1)(a) creates the custodianship to terminate when the minor attains 25 years of age, in the case of a custodianship created by irrevocable gift or by irrevocable inter vivos exercise of a general power of appointment, the minor nevertheless has the absolute right to compel immediate distribution of the entire custodial property when the minor attains 21 years of age. (3) As to a custodianship described in subsection (2), a transferor may provide, by delivery of a written instrument to the custodian upon the creation of such custodianship, that the minor’s right to compel immediate distribution of the entire custodial property will terminate upon the expiration of a fixed period that begins with the custodian’s delivery of a written notice to the minor of the existence of such right. To be effective to terminate the minor’s right to compel an immediate distribution of the entire custodial property when the minor attains 21 years of age, the custodian’s written notice must be delivered at least 30 days before, and not later than 30 days after, the date upon which the minor attains 21 years of age, and the fixed period specified in the notice for the termination of such right cannot expire before the later of 30 days after the minor attains 21 years of age or 30 days after the custodian delivers such notice. (4) Notwithstanding the definition of the term “minor” as provided in s. 710.102, if the transferor creates the custodianship to terminate when the

minor attains 25 years of age, solely for purposes of the application of the termination provisions of this section, the term “minor” means an individual who has not attained 25 years of age. (5) A financial institution has no liability to a custodian or minor for distribution of custodial property to, or for the benefit of, the minor in a custodianship created by irrevocable gift or by irrevocable exercise of a general power of appointment when the minor attains 21 years of age. HISTORY: S. 1, ch. 85-95; s. 3, ch. 2015-140, effective July 1, 2015.

« Title XL. », « Ch. 710. », « § 710.124. » Fla. Stat. § 710.124

§ 710.124. Applicability. This act applies to a transfer within the scope of s. 710.103 made after October 1, 1985, if: (1) The transfer purports to have been made under the Florida Gifts to Minors Act (former ss. 710.01-710.10); or (2) The instrument by which the transfer purports to have been made uses in substance the designation “as custodian under the Uniform Gifts to Minors Act” or “as custodian under the Uniform Transfers to Minors Act” of any other state, and the application of this act is necessary to validate the transfer. HISTORY: S. 1, ch. 85-95; s. 62, ch. 87-226.

« Title XL. », « Ch. 710. », « § 710.125. » Fla. Stat. § 710.125

§ 710.125. Effect on existing custodianships. (1) Any transfer of custodial property as now defined in this act made before October 1, 1985, is validated notwithstanding that there was no specific authority in the Florida Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made. (2) This act applies to all transfers made before October 1, 1985, in a manner and form prescribed in the Florida Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on October 1, 1985. (3) Sections 710.102-710.123 with respect to the age of a minor for whom custodial property is held under this act do not apply to custodial property held in a custodianship that terminated because of the minor’s attainment of the age of 18 after January 1, 1975, and before October 1, 1985. HISTORY: S. 1, ch. 85-95.

« Title XL. », « Ch. 710. », « § 710.126. • Fla. Stat. § 710.126

§ 710.126. Uniformity of application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. HISTORY: S. 1, ch. 85-95.

« Title XL. », « Ch. 711. » Fla. Stat. Title XL, Ch. 711

CHAPTER 711. FLORIDA UNIFORM TRANSFER-ON-DEATH SECURITY REGISTRATION ACT. « Title XL. », « Ch. 711. », • § 711.50. » Fla. Stat. § 711.50

§ 711.50. Short title. Sections 711.50-711.512 may be cited as the “Florida Uniform Transferon-Death Security Registration Act.” HISTORY: S. 3, ch. 94-216.

« Title XL. », « Ch. 711. », « § 711.501. » Fla. Stat. § 711.501

§ 711.501. Definitions. In ss. 711.50-711.512, unless the context otherwise requires, the term: (1) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. (2) “Devisee” means any person designated in a will to receive a disposition of real or personal property. (3) “Heirs” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. (4) “Person” means an individual, a corporation, an organization, or other legal entity. (5) “Personal representative” includes an executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. (6) “Property” includes both real and personal property or any interest therein and means anything that may be the subject of ownership. (7) “Register,” including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities. (8) “Registering entity” means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. (9) “Security” means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security

account. (10) “Security account” means: (a) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner’s death; (b) An investment management account, investment advisory account, investment agency account, custody account, or any other type of account with a bank or trust company, including the securities in the account, the cash balance in the account, and cash equivalents, and any interest, earnings, or dividends earned or declared on a security in the account, whether or not credited to the account before the owner’s death; or (c) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner’s death. (11) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. HISTORY: S. 3, ch. 94-216; s. 1, ch. 2005-85.

« Title XL. », « Ch. 711. », « § 711.502. » Fla. Stat. § 711.502

§ 711.502. Registration in beneficiary form; sole or joint tenancy ownership. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common. HISTORY: S. 3, ch. 94-216.

« Title XL. », « Ch. 711. », « § 711.503. » Fla. Stat. § 711.503

§ 711.503. Registration in beneficiary form; applicable law. A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity’s principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner’s address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law. HISTORY: S. 3, ch. 94-216.

« Title XL. », « Ch. 711. », « § 711.504. » Fla. Stat. § 711.504

§ 711.504. Origination of registration in beneficiary form. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners. HISTORY: S. 3, ch. 94-216.

« Title XL. », « Ch. 711. », « § 711.505. » Fla. Stat. § 711.505

§ 711.505. Form of registration in beneficiary form. Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD,” or by the words “pay on death” or the abbreviation “POD,” after the name of the registered owner and before the name of a beneficiary. HISTORY: S. 3, ch. 94-216.

« Title XL. », « Ch. 711. », « § 711.506. » Fla. Stat. § 711.506

§ 711.506. Effect of registration in beneficiary form. The designation of a transfer-on-death beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then-surviving owners without the consent of the beneficiary. HISTORY: S. 3, ch. 94-216.

« Title XL. », « Ch. 711. », « § 711.507. » Fla. Stat. § 711.507

§ 711.507. Ownership on death of owner. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners. HISTORY: S. 3, ch. 94-216.

« Title XL. », « Ch. 711. », « § 711.508. » Fla. Stat. § 711.508

§ 711.508. Protection of registering entity. (1) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by ss. 711.50-711.512. (2) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in ss. 711.50-711.512. (3) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with s. 711.507 and does so in good faith reliance on the registration, on ss. 711.50-711.512, and on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary’s representatives, or other information available to the registering entity. The protections of ss. 711.50-711.512 do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under ss. 711.50-711.512. (4) The protection provided by ss. 711.50-711.512 to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds. HISTORY: S. 3, ch. 94-216.

« Title XL. », « Ch. 711. », « § 711.509. » Fla. Stat. § 711.509

§ 711.509. Nontestamentary transfer on death. (1) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and ss. 711.50-711.512 and is not testamentary. (2) Sections 711.50-711.512 do not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state. HISTORY: S. 3, ch. 94-216.

« Title XL. », « Ch. 711. », « § 711.51. » Fla. Stat. § 711.51

§ 711.51. Terms, conditions, and forms for registration. (1) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for registrations in beneficiary form, and requests for implementation of registrations in beneficiary form, including requests for cancellation of previously registered transfer-on-death beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary’s descendants to take in the place of the named beneficiary in the event of the beneficiary’s death. Substitution may be indicated by appending to the name of the primary beneficiary the letters “LDPS,” standing for “lineal descendants per stirpes.” This designation substitutes a deceased beneficiary’s descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary’s domicile at the owner’s death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity’s terms and conditions. (2) The following are illustrations of registrations in beneficiary form which a registering entity may authorize: (a) Sole owner-sole beneficiary: John S Brown TOD (or POD) John S Brown Jr. (b) Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr. (c) Multiple owners-primary and secondary (substituted) beneficiaries: 1. John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB

BENE Peter Q Brown; or 2. John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS. HISTORY: S. 3, ch. 94-216.

« Title XL. », « Ch. 711. », « § 711.511. » Fla. Stat. § 711.511

§ 711.511. Rules of construction. (1) Sections 711.50-711.512 shall be liberally construed and applied to promote their underlying purposes and policy and to make uniform the laws with respect to the subject of these sections among states enacting them. (2) Unless displaced by the particular provisions of ss. 711.50-711.512, the principles of law and equity supplement the provisions of these sections. HISTORY: S. 3, ch. 94-216.

« Title XL. », « Ch. 711. », « § 711.512. • Fla. Stat. § 711.512

§ 711.512. Application of ss. 711.50-711.512. Sections 711.50-711.512 apply to registrations of securities in beneficiary form made before, on, or after January 1, 1995, by decedents dying on or after January 1, 1995. HISTORY: S. 3, ch. 94-216.

« Title XL. », « Ch. 716. » Fla. Stat. Title XL, Ch. 716

CHAPTER 716. ESCHEATS « Title XL. », « Ch. 716. », • § 716.01. » Fla. Stat. § 716.01

§ 716.01. Declaration of policy. It is hereby declared to be the policy of the state, while protecting the interests of the owners thereof, to possess all unclaimed and abandoned money and property for the benefit of all the people of the state, and this law shall be liberally construed to accomplish such purpose. HISTORY: S. 1, ch. 24333, 1947.

« Title XL. », « Ch. 716. », « § 716.02. » Fla. Stat. § 716.02

§ 716.02. Escheat of funds in the possession of federal agencies. All property within the provisions of subsections (1), (2), (3), (4) and (5), are declared to have escheated, or to escheat, including all principal and interest accruing thereon, and to have become the property of the state. (1) All money or other property which has remained in, or has been deposited in the custody of, or under the control of, any court of the United States, in and for any district within this state, or which has been deposited with and is in the custody of any depository, registry, clerk or other officer of such court, or the United States treasury, which money or other property the rightful owner or owners thereof, either: (a) Has been unknown for a period of 5 or more consecutive years; or, (b) Has died, without having disposed thereof, and without having left heirs, next of kin or distributees, or (c) Has made no demand for such money or other property for 5 years; are declared to have escheated, or to escheat, together with all interest accrued thereon, and to have become the property of the state. (2) All money or other property which has remained in, or has been deposited in the custody of, or under the control of, any court of the United States, in and for any district within this state, for a period of 4 years, the rightful owner or owners of which, either: (a) Shall have been unknown for a period of 4 years; or, (b) Shall have died without having disposed thereof, and without having left or without leaving heirs, next of kin or distributees; or, (c) Shall have failed within 4 years to demand the payment or delivery of such funds or other property; is hereby declared to have escheated, or to escheat, together with all interest accrued thereon, and to have become the property of the state. (3) All money or other property which has remained in, or has been deposited in the custody of, or under the control of any officer, department

or agency of the United States for 5 or more consecutive years, which money or other property had its situs or source in this state, except as hereinafter provided in subsection (4), the sender of which is unknown, or who sent the money or other property for an unknown purpose, or money which is credited as “unknown,” and which said governmental agency is unable to credit to any particular account, or the sender of which has been unknown for a period of 5 or more consecutive years; or when known, has died without having disposed thereof, and without leaving heirs, next of kin or distributees, or for any reason is unclaimed from such governmental agency. (4) In the event any money is due to any resident of this state as a refund, rebate or tax rebate from the United States Commissioner of Internal Revenue, the United States Treasurer, or other governmental agency or department, which said resident will, or is likely to have her or his rights to apply for and secure such refund or rebate barred by any statute of limitations or, in any event, has failed for a period of 1 year after said resident could have filed a claim for said refund or rebate, the Department of Financial Services is appointed agent of such resident to demand, file and apply for said refund or rebate, and is appointed to do any act which a natural person could do to recover such money, and it is hereby declared that when the department files such application or any other proceeding to secure such refund or rebate, its agency is coupled with an interest in the money sought and money recovered. (5) It is the purpose of this chapter to include all funds or other property in the possession of the government of the United States, and of its departments, officers, and agencies, which property has its situs in this state or belonged to a resident thereof, and not to limit the application of this chapter by the naming of any particular agency. This chapter shall include all funds held in the United States Department of Veterans Affairs, Comptroller of Currency, United States Treasury, Department of Internal Revenue, federal courts, registry of federal courts, and such evidences of indebtedness as adjusted service bonds, old matured debts issued prior to 1917, unclaimed and interest thereon, postal savings bonds, liberty bonds, victory notes, treasury bonds, treasury notes, certificates of indebtedness, treasury bills, treasurer’s savings certificates, bonuses and adjusted compensation, allotments, and all unclaimed refunds or rebates of

whatever kind or nature, which are subjects of escheat, under the terms of this chapter. Provided, however, that nothing in this chapter shall be construed to mean that any refunds due ratepayers under order of any court of the United States shall become the property of the state. HISTORY: S. 2, ch. 24333, 1947; s. 11, ch. 25035, 1949; ss. 12, 35, ch. 69-106; s. 1, ch. 70-405; s. 36, ch. 93-268; s. 847, ch. 97-102; s. 1881, ch. 2003-261; s. 158, ch. 2020-2, effective May 18, 2020.

« Title XL. », « Ch. 716. », « § 716.03. » Fla. Stat. § 716.03

§ 716.03. Department to institute proceedings to recover escheated property. When there exists, or may exist, escheated funds or property under this chapter, the Department of Financial Services shall demand or institute proceedings in the name of the state for an adjudication that an escheat to the state of such funds or property has occurred; and shall take appropriate action to recover such funds or property. HISTORY: S. 3, ch. 24333, 1947; s. 11, ch. 25035, 1949; ss. 12, 35, ch. 69-106; s. 1882, ch. 2003-261.

« Title XL. », « Ch. 716. », « § 716.04. » Fla. Stat. § 716.04

§ 716.04. Jurisdiction. Whenever the Department of Financial Services is of the opinion an escheat has occurred, or shall occur, of any money or other property deposited in the custody of, or under the control of, any court of the United States, in and for any district within the state, or in the custody of any depository, registry or clerk or other officer of such court, or the treasury of the United States, it shall cause to be filed a complaint in the Circuit Court of Leon County, or in any other court of competent jurisdiction, to ascertain if any escheat has occurred, and to cause said court to enter a judgment or decree of escheat in favor of the state, with costs, disbursements, and attorney fee. HISTORY: S. 4, ch. 24333, 1947; ss. 12, 35, ch. 69-106; s. 1883, ch. 2003-261.

« Title XL. », « Ch. 716. », « § 716.05. » Fla. Stat. § 716.05

§ 716.05. Money recovered to be paid into State Treasury. When any funds or property which has escheated within the meaning of this chapter has been recovered by the Department of Financial Services, the department shall first pay all costs incident to the collection and recovery of such funds or property and shall promptly deposit the remaining balance of such funds or property with the Chief Financial Officer, to be distributed in accordance with law. HISTORY: S. 5, ch. 24333, 1947; ss. 12, 35, ch. 69-106; s. 153, ch. 83-216; s. 1884, ch. 2003-261.

« Title XL. », « Ch. 716. », « § 716.06. » Fla. Stat. § 716.06

§ 716.06. Public records. All records in the office of the Chief Financial Officer or the Department of Financial Services relating to federal funds, pursuant to this chapter, shall be public records. HISTORY: S. 6, ch. 24333, 1947; ss. 12, 35, ch. 69-106; s. 1885, ch. 2003-261.

« Title XL. », « Ch. 716. », « § 716.07. • Fla. Stat. § 716.07

§ 716.07. Recovery of escheated property by claimant. (1) Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer under this chapter, shall, within 5 years from the date of receipt of such property, funds, or money, file a verified claim with the Chief Financial Officer, setting forth the facts upon which such party claims to be entitled to recover such money or property. All claims made for recovery of property, funds, or money, not filed within 5 years from the date that such property, funds, or money is received by the Chief Financial Officer, shall be forever barred, and the Chief Financial Officer shall be without power to consider or determine any claims so made by any claimant after 5 years from the date that the property, funds, or money was received by the Chief Financial Officer. (2) The Chief Financial Officer shall approve or disapprove the claim. If the claim is approved, the funds, money, or property of the claimant, less any expenses and costs which shall have been incurred by the state in securing the possession of said property, as provided by this chapter, shall be delivered to the claimant by the Chief Financial Officer upon warrant issued according to law and her or his receipt taken therefor. If the court finds, upon any judicial review, that the claimant is entitled to the property, money, or funds claimed, and shall render judgment in her or his or its favor, declaring that the claimant is entitled to such property, funds, or money, then upon presentation of said judgment or a certified copy thereof to the Chief Financial Officer, the Chief Financial Officer shall draw her or his warrant for the amount of money stated in such judgment, without interest or cost to the state, less any sum paid by the state as costs or expenses in securing possession of such property, funds, or money. When payment has been made to any claimant, no action thereafter shall be maintained by any other claimant against the state or any officer thereof, for or on account of such money, property, or funds. HISTORY: S. 7, ch. 24333, 1947; s. 30, ch. 63-559; ss. 12, 35, ch. 69-106; s. 7, ch. 7895; s. 848, ch. 97-102; s. 1886, ch. 2003-261.

« Title XL. », « Ch. 717. • Fla. Stat. Title XL, Ch. 717

CHAPTER 717. DISPOSITION OF UNCLAIMED PROPERTY. « Title XL. », « Ch. 717. •, • § 717.001. » Fla. Stat. § 717.001

§ 717.001. Short title. This chapter may be cited as the “Florida Disposition of Unclaimed Property Act.” HISTORY: S. 1, ch. 87-105.

« Title XL. », « Ch. 717. •, « § 717.101. » Fla. Stat. § 717.101

§ 717.101. Definitions. As used in this chapter, unless the context otherwise requires: (1) “Aggregate” means the amounts reported for owners of unclaimed property of less than $50 or where there is no name for the individual or entity listed on the holder’s records, regardless of the amount to be reported. (2) “Apparent owner” means the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder. (3) “Banking organization” means any state or national bank, international banking entity or similar entity, trust company, savings bank, industrial savings bank, land bank, safe-deposit company, private bank, or any organization otherwise defined by law as a bank or banking organization. (4) “Business association” means any corporation (other than a public corporation), joint stock company, investment company, business trust, partnership, limited liability company, or association of two or more individuals for business purposes, whether for profit or not for profit. (5) “Claimant” means the person on whose behalf a claim is filed. (6) “Credit balance” means an account balance in the customer’s favor. (7) “Department” means the Department of Financial Services. (8) “Domicile” means the state of incorporation for a corporation incorporated under the laws of a state, or, for an unincorporated business association, the state where the business association is organized. (9) “Due diligence” means the use of reasonable and prudent methods under particular circumstances to locate apparent owners of inactive accounts using the taxpayer identification number or social security number, if known, which may include, but are not limited to, using a nationwide database, cross-indexing with other records of the holder, mailing to the last known address unless the last known address is known

to be inaccurate, or engaging a licensed agency or company capable of conducting such search and providing updated addresses. (10) “Financial organization” means a state or federal savings association, savings and loan association, bank, trust company, international bank agency, cooperative bank, building and loan association, or credit union. (11) “Health care provider” means any state-licensed entity that provides and receives payment for health care services. These entities include, but are not limited to, hospitals, outpatient centers, physician practices, and skilled nursing facilities. (12) “Holder” means a person, wherever organized or domiciled, who is: (a) In possession of property belonging to another; (b) A trustee in case of a trust; or (c) Indebted to another on an obligation. (13) “Insurance company” means an association, corporation, or fraternal or mutual benefit organization, whether for profit or not for profit, which is engaged in providing insurance coverage. (14) “Intangible property” includes, by way of illustration and not limitation: (a) Moneys, checks, drafts, deposits, interest, dividends, and income. (b) Credit balances, customer overpayments, security deposits and other instruments as defined by chapter 679, refunds, unpaid wages, unused airline tickets, and unidentified remittances. (c) Stocks, and other intangible ownership interests in business associations. (d) Moneys deposited to redeem stocks, bonds, bearer bonds, original issue discount bonds, coupons, and other securities, or to make distributions. (e) Amounts due and payable under the terms of insurance policies. (f) Amounts distributable from a trust or custodial fund established under a plan to provide any health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental

unemployment insurance, or similar benefit. (15) “Last known address” means a description of the location of the apparent owner sufficient for the purpose of the delivery of mail. For the purposes of identifying, reporting, and remitting property to the department which is presumed to be unclaimed, “last known address” includes any partial description of the location of the apparent owner sufficient to establish the apparent owner was a resident of this state at the time of last contact with the apparent owner or at the time the property became due and payable. (16) “Lawful charges” means charges against dormant accounts that are authorized by statute for the purpose of offsetting the costs of maintaining the dormant account. (17) “Managed care payor” means a health care plan that has a defined system of selecting and limiting health care providers as evidenced by a managed care contract with the health care providers. These plans include, but are not limited to, managed care health insurance companies and health maintenance organizations. (18) “Owner” means a depositor in the case of a deposit, a beneficiary in the case of a trust or a deposit in trust, or a payee in the case of other intangible property, or a person having a legal or equitable interest in property subject to this chapter or his or her legal representative. (19) “Public corporation” means a corporation created by the state, founded and owned in the public interest, supported by public funds, and governed by those deriving their power from the state. (20) “Reportable period” means the calendar year ending December 31 of each year. (21) “State,” when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession, and any other area subject to the legislative authority of the United States. (22) “Trust instrument” means a trust instrument as defined in s. 736.0103. (23) “Ultimate equitable owner” means a natural person who, directly or indirectly, owns or controls an ownership interest in a corporation, a

foreign corporation, an alien business organization, or any other form of business organization, regardless of whether such natural person owns or controls such ownership interest through one or more natural persons or one or more proxies, powers of attorney, nominees, corporations, associations, partnerships, trusts, joint stock companies, or other entities or devices, or any combination thereof. (24) “United States” means any state, district, commonwealth, territory, insular possession, and any other area subject to the legislative authority of the United States of America. (25) “Utility” means a person who owns or operates, for public use, any plant, equipment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas. HISTORY: S. 2, ch. 87-105; s. 23, ch. 91-110; s. 1, ch. 96-301; s. 1770, ch. 97-102; s. 1, ch. 2001-36; s. 1, ch. 2003-21; s. 1887, ch. 2003-261; s. 110, ch. 2004-390; s. 1, ch. 2005-163; s. 2, ch. 2013-172, eff. Oct. 1, 2013; s. 1, ch. 2016-90, effective July 1, 2016.

« Title XL. », « Ch. 717. •, « § 717.102. » Fla. Stat. § 717.102

§ 717.102. Property presumed unclaimed; general rule. (1) All intangible property, including any income or increment thereon less any lawful charges, that is held, issued, or owing in the ordinary course of the holder’s business and the owner fails to claim such property for more than 5 years after the property becomes payable or distributable is presumed unclaimed, except as otherwise provided by this chapter. (2) Property is payable or distributable for the purpose of this chapter notwithstanding the owner’s failure to make demand or to present any instrument or document required to receive payment. HISTORY: S. 3, ch. 87-105; s. 2, ch. 2001-36.

« Title XL. », « Ch. 717. •, « § 717.103. » Fla. Stat. § 717.103

§ 717.103. General rules for taking custody of intangible unclaimed property. Unless otherwise provided in this chapter or by other statute of this state, intangible property is subject to the custody of the department as unclaimed property if the conditions leading to a presumption that the property is unclaimed as described in ss. 717.102 and 717.105-717.116 are satisfied and: (1) The last known address, as shown on the records of the holder, of the apparent owner is in this state; (2) The records of the holder do not reflect the identity of the person entitled to the property, and it is established that the last known address of the person entitled to the property is in this state; (3) The records of the holder do not reflect the last known address of the apparent owner, and it is established that: (a) The last known address of the person entitled to the property is in this state; or (b) The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid the property to the state of the last known address of the apparent owner or other person entitled to the property; (4) The last known address, as shown on the records of the holder, of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property, or its escheat or unclaimed property law is not applicable to the property, and the holder is a domiciliary or a government or governmental subdivision or agency of this state; (5) The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this state; or (6) The transaction out of which the property arose occurred in this state, and;

(a)1. The last known address of the apparent owner or other person entitled to the property is unknown; or 2. The last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property, or its escheat or unclaimed property law is not applicable to the property; and (b) The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property, or its escheat or unclaimed property law is not applicable to the property. HISTORY: S. 4, ch. 87-105; s. 3, ch. 2001-36.

« Title XL. », « Ch. 717. •, « § 717.1035. » Fla. Stat. § 717.1035

§ 717.1035. Property originated or issued by this state, any political subdivision of this state, or any entity incorporated, organized, created, or otherwise located in the state. (1) All intangible property, including, but not limited to, any interest, dividend, or other earnings thereon, less any lawful charges, held by a business association, federal, state, or local government or governmental subdivision, agency, or entity, or any other person or entity, regardless of where the holder may be found, if the owner has not claimed or corresponded in writing concerning the property within 3 years after the date prescribed for payment or delivery, is presumed to be unclaimed property and subject to the custody of this state as such if: (a) The last known address of the owner is unknown; and (b) The person or entity originating or issuing the intangible property is this state or any political subdivision of this state, or the person or entity is incorporated, organized, created, or otherwise located in this state. (2) The provisions of subsection (1) shall not apply to property which is or may be presumed unclaimed and subject to the custody of this state pursuant to any other provision of law containing a dormancy period different than that prescribed in subsection (1). (3) The provisions of subsection (1) shall apply to all property held at the time of enactment, or at any time thereafter, regardless of when such property became or becomes presumptively unclaimed. HISTORY: S. 1, ch. 90-113; s. 2, ch. 92-169; s. 4, ch. 2001-36.

« Title XL. », « Ch. 717. •, « § 717.104. » Fla. Stat. § 717.104

§ 717.104. Traveler’s checks and money orders. (1) Subject to subsection (4), any sum payable on a traveler’s check that has been outstanding for more than 15 years after its issuance is presumed unclaimed unless the owner, within 15 years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file with the issuer. (2) Subject to subsection (4), any sum payable on a money order or similar written instrument, other than a third party bank check, that has been outstanding for more than 7 years after its issuance is presumed unclaimed unless the owner, within 7 years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file with the issuer. (3) No holder may deduct from the amount of any traveler’s check or money order any charges imposed by reason of the failure to present those instruments for payment unless there is a valid and enforceable written contract between the issuer and the owner of the property pursuant to which the issuer may impose those charges and the issuer regularly imposes those charges and does not regularly reverse or otherwise cancel those charges with respect to the property. (4) No sum payable on a traveler’s check, money order, or similar written instrument, other than a third party bank check, described in subsections (1) and (2) may be subjected to the custody of this state as unclaimed property unless: (a) The records of the issuer show that the traveler’s check, money order, or similar written instrument was purchased in this state; (b) The issuer has its principal place of business in this state and the records of the issuer do not show the state in which the traveler’s check, money order, or similar written instrument was purchased; or (c) The issuer has its principal place of business in this state; the records of the issuer show the state in which the traveler’s check, money order, or similar written instrument was purchased; and the laws of the state of

purchase do not provide for the escheat or custodial taking of the property, or its escheat or unclaimed property law is not applicable to the property. (5) Notwithstanding any other provision of this chapter, subsection (4) applies to sums payable on traveler’s checks, money orders, and similar written instruments presumed unclaimed on or after February 1, 1965, except to the extent that those sums have been paid over to a state prior to January 1, 1974. HISTORY: S. 5, ch. 87-105; s. 5, ch. 2001-36.

« Title XL. », « Ch. 717. •, « § 717.1045. » Fla. Stat. § 717.1045

§ 717.1045. Gift certificates and similar credit items. Notwithstanding s. 717.117, an unredeemed gift certificate or credit memo as defined in s. 501.95 is not required to be reported as unclaimed property. (1) The consideration paid for an unredeemed gift certificate or credit memo is the property of the issuer of the unredeemed gift certificate or credit memo. (2) An unredeemed gift certificate or credit memo is subject only to any rights of a purchaser or owner thereof and is not subject to a claim made by any state acting on behalf of a purchaser or owner. (3) It is the intent of the Legislature that this section apply to the custodial holding of unredeemed gift certificates and credit memos. (4) However, a gift certificate or credit memo described in s. 501.95(2) (b) shall be reported as unclaimed property. The consideration paid for such a gift certificate or credit memo is the property of the owner of the gift certificate or credit memo. HISTORY: S. 2, ch. 2007-256, eff. June 28, 2007.

« Title XL. », « Ch. 717. •, « § 717.105. » Fla. Stat. § 717.105

§ 717.105. Checks, drafts, and similar instruments issued or certified by banking and financial organizations. (1) Any sum payable on a check, draft, or similar instrument, except those subject to ss. 717.104 and 717.115, on which a banking or financial organization is directly liable, including, but not limited to, a cashier’s check or a certified check, which has been outstanding for more than 5 years after it was payable or after its issuance if payable on demand, is presumed unclaimed unless the owner, within 5 years, has communicated in writing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file with the banking or financial organization. (2) No holder may deduct from the amount of any instrument subject to this section any charges imposed by reason of the failure to present the instrument for encashment unless there is a valid and enforceable written contract between the holder and the owner of the instrument pursuant to which the holder may impose those charges and does not regularly reverse or otherwise cancel those charges with respect to the instrument. HISTORY: S. 6, ch. 87-105; s. 2, ch. 96-301; s. 6, ch. 2001-36.

« Title XL. », « Ch. 717. •, « § 717.106. » Fla. Stat. § 717.106

§ 717.106. Bank deposits and funds in financial organizations. (1) Any demand, savings, or matured time deposit with a banking or financial organization, including deposits that are automatically renewable, and any funds paid toward the purchase of shares, a mutual investment certificate, or any other interest in a banking or financial organization is presumed unclaimed unless the owner has, within 5 years: (a) Increased or decreased the amount of the deposit or presented the passbook or other similar evidence of the deposit for the crediting of interest; (b) Communicated in writing or by documented telephone contact with the banking or financial organization concerning the property; (c) Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file with the banking or financial organization; (d) Owned other property to which paragraph (a), paragraph (b), or paragraph (c) is applicable and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be presumed unclaimed under this subsection at the address to which communications regarding the other property regularly are sent; or (e) Had another relationship with the banking or financial organization concerning which the owner has: 1. Communicated in writing with the banking or financial organization; or 2. Otherwise indicated an interest as evidenced by a memorandum or other record on file with the banking or financial organization and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be unclaimed under this subsection at the address to which communications regarding the other relationship regularly are sent. (2) For purpose of paragraph (1)(a), property includes any interest or dividends thereon. (3) No holder may impose with respect to property described in

subsection (1) any charges due to dormancy or inactivity or cease payment of interest unless: (a) There is an enforceable written contract between the holder and the owner of the property pursuant to which the holder may impose those charges or cease payment of interest. (b) For property in excess of $2, the holder, no more than 3 months prior to the initial imposition of those charges or cessation of interest, has given written notice to the owner of the amount of those charges at the last known address of the owner stating that those charges shall be imposed or that interest shall cease, but the notice provided in this section need not be given with respect to charges imposed or interest ceased before July 1, 1987. (c) The holder regularly imposes those charges or ceases payment of interest and does not regularly reverse or otherwise cancel those charges or retroactively credit interest with respect to such property. (4) Any property described in subsection (1) that is automatically renewable is matured for purposes of subsection (1) upon the expiration of its initial time period except that, in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the banking or financial organization or otherwise indicating consent as evidenced by a memorandum or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the last time period for which consent was given. If, at the time provided for delivery in s. 717.119, a penalty or forfeiture in the payment of interest would result from the delivery of the property, the time for delivery is extended until the time when no penalty or forfeiture would result. (5) If the documents establishing a deposit described in subsection (1) state the address of a beneficiary of the deposit, and the account has a value of at least $50, notice shall be given to the beneficiary as provided for notice to the apparent owner under s. 717.117(4). This subsection shall apply to accounts opened on or after October 1, 1990. HISTORY: S. 7, ch. 87-105; s. 2, ch. 90-113; s. 63, ch. 91-110; s. 3, ch. 96-301; s. 7, ch. 2001-36; s. 111, ch. 2004-390; s. 2, ch. 2005-163.

« Title XL. », « Ch. 717. •, « § 717.107. » Fla. Stat. § 717.107

§ 717.107. Funds owing under life insurance policies, annuity contracts, and retained asset accounts; fines, penalties, and interest; United States Social Security Administration Death Master File. (1) Funds held or owing under any life or endowment insurance policy or annuity contract which has matured or terminated are presumed unclaimed if unclaimed for more than 5 years after the date of death of the insured, the annuitant, or the retained asset account holder, but property described in paragraph (3)(d) is presumed unclaimed if such property is not claimed for more than 2 years. The amount presumed unclaimed shall include any amount due and payable under s. 627.4615. (2) If a person other than the insured, the annuitant, or the retained asset account holder is entitled to the funds and no address of the person is known to the company or it is not definite and certain from the records of the company who is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured, the annuitant, or the retained asset account holder according to the records of the company. (3) For purposes of this chapter, a life or endowment insurance policy or annuity contract not matured by actual proof of the death of the insured, the annuitant, or the retained asset account holder according to the records of the company is deemed matured and the proceeds due and payable if any of the following applies: (a) The company knows that the insured, the annuitant, or the retained asset account holder has died. (b) A presumption of death made in accordance with paragraph (8)(c) has not been rebutted. (c) The policy or contract has reached its maturity date. (d)1. The insured has attained, or would have attained if he or she were living, the limiting age under the mortality table on which the reserve is based; 2. The policy was in force at the time the insured attained, or would have

attained, the limiting age specified in subparagraph 1.; and 3. Neither the insured nor any other person appearing to have an interest in the policy within the preceding 2 years, according to the records of the company, has assigned, readjusted, or paid premiums on the policy; subjected the policy to a loan; corresponded in writing with the company concerning the policy; or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the company. (4) For purposes of this chapter, the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent the policy from being matured or terminated under subsection (1) if the insured has died or the insured or the beneficiaries of the policy otherwise have become entitled to the proceeds thereof before the depletion of the cash surrender value of a policy by the application of those provisions. (5) If the laws of this state or the terms of the life insurance policy require the company to give notice to the insured or owner that an automatic premium loan provision or other nonforfeiture provision has been exercised and the notice, given to an insured or owner whose last known address according to the records of the company is in this state, is undeliverable, the company shall make a reasonable search to ascertain the policyholder’s correct address to which the notice must be mailed. (6) Notwithstanding any other provision of law, if the company learns of the death of the insured, the annuitant, or the retained asset account holder and the beneficiary has not communicated with the insurer within 4 months after the death, the company shall take reasonable steps to pay the proceeds to the beneficiary. (7) Commencing 2 years after July 1, 1987, every change of beneficiary form issued by an insurance company under any life or endowment insurance policy or annuity contract to an insured or owner who is a resident of this state must request the following information: (a) The name of each beneficiary, or if a class of beneficiaries is named, the name of each current beneficiary in the class. (b) The address of each beneficiary. (c) The relationship of each beneficiary to the insured.

(8)(a) Notwithstanding any other provision of law, an insurer shall compare the records of its insureds’ life or endowment insurance policies, annuity contracts that provide a death benefit, and retained asset accounts that were in force at any time on or after January 1, 1992, against the United States Social Security Administration Death Master File once to determine whether the death of an insured, an annuitant, or a retained asset account holder is indicated and shall thereafter use the Death Master File update files for future comparisons. The comparisons must use the name and social security number or date of birth of the insured, the annuitant, or the retained asset account holder. The comparisons must be made on at least an annual basis before August 31 of each year. If an insurer performs such comparisons regarding its annuities or other books of business more frequently than once a year, the insurer must also make comparisons regarding its life insurance policies, annuity contracts that provide a death benefit, and retained asset accounts at the same frequency as is made regarding its annuities or other books or lines of business. An insurer may perform the comparisons required by this paragraph using any database or service that the department determines is at least as comprehensive as the United States Social Security Administration Death Master File for the purpose of indicating that a person has died. (b) However, an insurer that meets one of the following criteria as of June 30, 2016, shall conduct the comparison in paragraph (a) to all in-force policies: 1. The insurer has entered into a regulatory settlement agreement with the Office of Insurance Regulation; or 2. The insurer has received a targeted market conduct examination report issued by the Office of Insurance Regulation regarding claims-handling practices and the use of the Death Master File with no findings of violations of law. (c) An insured, an annuitant, or a retained asset account holder is presumed deceased if the date of his or her death is indicated by the comparison required under paragraph (a) unless the insurer has in its records competent and substantial evidence that the person is living, including, but not limited to, a contact made by the insurer with such person or his or her legal representative. The insurer shall account for common variations in data and

for any partial names, social security numbers, dates of birth, and addresses of the insured, the annuitant, or the retained asset account holder which would otherwise preclude an exact match. (d) For purposes of this section, a policy, an annuity contract, or a retained asset account is deemed to be in force if it has not lapsed, has not been canceled, or has not been terminated at the time of death of the insured, the annuitant, or the retained asset account holder. (e) This subsection does not apply to an insurer with respect to benefits payable under: 1. An annuity that is issued in connection with an employment-based plan subject to the Employee Retirement Income Security Act of 1974 or that is issued to fund an employment-based retirement plan, including any deferred compensation plan. 2. A policy of credit life or accidental death insurance. 3. A joint and survivor annuity contract if an annuitant is still living. 4. A policy issued to a group master policy owner for which the insurer does not perform recordkeeping functions. For purposes of this subparagraph, the term “recordkeeping” means those circumstances under which the insurer has agreed through a group policyholder to be responsible for obtaining, maintaining, and administering, in its own or its agents’ systems, information about each individual insured under a group insurance policy or a line of coverage thereunder, including at least the following: a. The social security number, or name and date of birth; b. Beneficiary designation information; c. Coverage eligibility; d. The benefit amount; and e. Premium payment status. 5. Any policy or certificate of life insurance that is assigned to a person licensed under s. 497.452 to fund a preneed funeral merchandise or service contract. (9) No later than 120 days after learning of the death of an insured, an

annuitant, or a retained asset account holder through a comparison under subsection (8), an insurer shall: (a) Complete and document an effort to confirm the death of the insured, the annuitant, or the retained asset account holder against other available records and information. (b) Review its records to determine whether the insured, the annuitant, or the retained asset account holder purchased other products from the insurer. (c) Determine whether benefits may be due under a policy, an annuity, or a retained asset account. (d) Complete and document an effort to locate and contact the beneficiary or authorized representative under a policy, an annuity, or a retained asset account if such person has not communicated with the insurer before the expiration of the 120-day period. The effort must include: 1. Sending to the beneficiary or authorized representative information concerning the claim process of the insurer. 2. Notice of any requirement to provide a certified original or copy of the death certificate if applicable under the policy, annuity, or retained asset account. (10) An insurer may, to the extent permitted by law, disclose the minimum necessary personal information about an insured, an annuitant, a retained asset account owner, or a beneficiary to an individual or entity reasonably believed by the insurer to possess the ability to assist the insurer in locating the beneficiary or any other individual or entity that is entitled to payment of the claim proceeds. (11) An insurer, or any agent or third party that it engages or that works on its behalf, may not charge insureds, annuitants, retained asset account holders, beneficiaries, or the estates of insureds, annuitants, retained asset account holders, or the beneficiaries of an estate any fees or costs associated with any search, verification, claim, or delivery of funds conducted pursuant to this section. HISTORY: S. 8, ch. 87-105; s. 849, ch. 97-102; s. 8, ch. 2001-36; s. 112, ch. 2004-390;

s. 1, ch. 2016-219, effective April 12, 2016. Editor’s Notes Section 2, ch. 2016-219, provides: “The amendments made by this act are remedial in nature and apply retroactively. Fines, penalties, or additional interest, pursuant to chapter 717, Florida Statutes, may not be imposed due to the failure to report and remit an unclaimed life or an endowment insurance policy, a retained asset account, or an annuity contract with a death benefit if any unclaimed life or endowment insurance policy, retained asset account, or annuity contract proceeds are reported and remitted to the Department of Financial Services on or before May 1, 2021.”

« Title XL. », « Ch. 717. •, « § 717.1071. » Fla. Stat. § 717.1071

§ 717.1071. Lost owners of unclaimed demutualization, rehabilitation, or related reorganization proceeds. (1) Property distributable in the course of a demutualization, rehabilitation, or related reorganization of an insurance company is deemed abandoned 2 years after the date the property is first distributable if, at the time of the first distribution, the last known address of the owner on the books and records of the holder is known to be incorrect or the distribution or statements are returned by the post office as undeliverable; and the owner has not communicated in writing with the holder or its agent regarding the interest or otherwise communicated with the holder regarding the interest as evidenced by a memorandum or other record on file with the holder or its agent. (2) Property distributable in the course of demutualization, rehabilitation, or related reorganization of a mutual insurance company that is not subject to subsection (1) shall be reportable as otherwise provided by this chapter. (3) Property subject to this section shall be reported and delivered no later than May 1 as of the preceding December 31; however, the initial report under this section shall be filed no later than November 1, 2003, as of December 31, 2002. HISTORY: S. 2, ch. 2003-21; s. 75, ch. 2003-281. Editor’s notes. This section is set out as enacted by s. 75, ch. 2003-281. Section 717.1071 was also enacted by s. 2, ch. 2003-21, and that version read: “717.1071 Unclaimed demutualization proceeds. — Unclaimed property payable or distributable in the course of a demutualization of an insurance company is presumed unclaimed 5 years after the earlier of the date of last contact with the policyholder or the date the property became payable or distributable.”

« Title XL. », « Ch. 717. •, « § 717.108. » Fla. Stat. § 717.108

§ 717.108. Deposits held by utilities. Any deposit, including any interest thereon, made by a subscriber with a utility to secure payment or any sum paid in advance for utility services to be furnished, less any lawful charges, that remains unclaimed by the owner for more than 1 year after termination of the services for which the deposit or advance payment was made is presumed unclaimed. HISTORY: S. 9, ch. 87-105; s. 4, ch. 96-301; s. 9, ch. 2001-36.

« Title XL. », « Ch. 717. •, « § 717.109. » Fla. Stat. § 717.109

§ 717.109. Refunds held by business associations. Except as otherwise provided by law, any sum that a business association has been ordered to refund by a court or administrative agency which has been unclaimed by the owner for more than 1 year after it became payable in accordance with the final determination or order providing for the refund, regardless of whether the final determination or order requires any person entitled to a refund to make a claim for it, is presumed unclaimed. HISTORY: S. 10, ch. 87-105; s. 10, ch. 2001-36; s. 113, ch. 2004-390.

« Title XL. », « Ch. 717. •, « § 717.1101. » Fla. Stat. § 717.1101

§ 717.1101. Unclaimed equity and debt of business associations. (1)(a) Stock or other equity interest in a business association is presumed unclaimed 3 years after the earliest of: 1. The date of the most recent dividend, stock split, or other distribution unclaimed by the apparent owner; 2. The date of a statement of account or other notification or communication that was returned as undeliverable; or 3. The date the holder discontinued mailings, notifications, or communications to the apparent owner. (b) Unmatured or unredeemed debt, other than a bearer bond or an original issue discount bond, is presumed unclaimed 3 years after the date of the most recent interest payment unclaimed by the owner. (c) Matured or redeemed debt is presumed unclaimed 3 years after the date of maturity or redemption. (d) At the time property is presumed unclaimed under paragraph (a) or paragraph (b), any other property right accrued or accruing to the owner as a result of the property interest and not previously presumed unclaimed is also presumed unclaimed. (2) The running of such 3-year period ceases if the person: (a)1. Communicates in writing with the association or its agent regarding the interest or a dividend, distribution, or other sum payable as a result of the interest; or 2. Otherwise communicates with the association regarding the interest or a dividend, distribution, or other sum payable as a result of the interest, as evidenced by a memorandum or other record on file with the association or its agent. (b) Presents an instrument issued to pay interest or a dividend or other cash distribution. If any future dividend, distribution, or other sum payable to the owner as a result of the interest is subsequently not claimed by the owner, a

new period in which the property is presumed unclaimed commences and relates back only to the time a subsequent dividend, distribution, or other sum became due and payable. (3) At the same time any interest is presumed unclaimed under this section, any dividend, distribution, or other sum then held for or owing to the owner as a result of the interest, is presumed unclaimed. (4) Any dividend, profit, distribution, interest redemption, payment on principal, or other sum held or owing by a business association for or to a shareholder, certificateholder, member, bondholder, or other security holder, who has not claimed such amount or corresponded in writing with the business association concerning such amount, within 3 years after the date prescribed for payment or delivery, is presumed unclaimed. HISTORY: S. 11, ch. 87-105; s. 5, ch. 96-301; s. 11, ch. 2001-36; s. 3, ch. 2003-21; s. 3, ch. 2005-163.

« Title XL. », « Ch. 717. •, « § 717.111. » Fla. Stat. § 717.111

§ 717.111. Property of business associations held in course of dissolution. All intangible property distributable in the course of a voluntary or involuntary dissolution of a business association which is not claimed by the owner for more than 6 months after the date specified for final distribution is presumed unclaimed. HISTORY: S. 12, ch. 87-105; s. 12, ch. 2001-36.

« Title XL. », « Ch. 717. •, « § 717.112. » Fla. Stat. § 717.112

§ 717.112. Property held by agents and fiduciaries. (1) Except as provided in ss. 717.1125 and 733.816, all intangible property and any income or increment thereon held in a fiduciary capacity for the benefit of another person is presumed unclaimed unless the owner has within 5 years after it has become payable or distributable increased or decreased the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary. (2) Funds in an individual retirement account or a retirement plan for self-employed individuals or similar account or plan established pursuant to the Internal Revenue laws of the United States are not payable or distributable within the meaning of subsection (1) unless, under the terms of the account or plan, distribution of all or part of the funds would then be mandatory. (3) For the purpose of this section, a person who holds property as an agent for a business association is deemed to hold the property in a fiduciary capacity for that business association alone, unless the agreement between said person and the business association provides otherwise. (4) For the purposes of this chapter, a person who is deemed to hold property in a fiduciary capacity for a business association alone is the holder of the property only insofar as the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property is concerned. (5) All intangible property, and any income or increment thereon, issued by a government or governmental subdivision or agency, public corporation, or public authority and held in an agency capacity for the governmental subdivision, agency, public corporation, or public authority for the benefit of the owner of record, is presumed unclaimed unless the owner has, within 1 year after such property has become payable or distributable, increased or decreased the principal, accepted payment of the principal or income, communicated concerning the property, or otherwise

indicated an interest in the property as evidenced by a memorandum or other record on file with the fiduciary. HISTORY: S. 13, ch. 87-105; s. 6, ch. 96-301; s. 13, ch. 2001-36; s. 3, ch. 2013-172, eff. Oct. 1, 2013.

« Title XL. », « Ch. 717. •, « § 717.1125. » Fla. Stat. § 717.1125

§ 717.1125. Property held by fiduciaries under trust instruments. All intangible property and any income or increment thereon held in a fiduciary capacity for the benefit of another person under a trust instrument is presumed unclaimed unless the owner has, within 2 years after it has become payable or distributable, increased or decreased the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary. HISTORY: S. 4, ch. 2013-172, eff. Oct. 1, 2013.

« Title XL. », « Ch. 717. •, « § 717.113. » Fla. Stat. § 717.113

§ 717.113. Property held by courts and public agencies.— All intangible property held for the owner by any court, government or governmental subdivision or agency, public corporation, or public authority that has not been claimed by the owner for more than 1 year after it became payable or distributable is presumed unclaimed. Except as provided in s. 45.032 (3) (c), money held in the court registry and for which no court order has been issued to determine an owner does not become payable or distributable and is not subject to reporting under this chapter. Notwithstanding the provisions of this section, funds deposited in the Minerals Trust Fund pursuant to s. 377.247 are presumed unclaimed only if the funds have not been claimed by the owner for more than 5 years after the date of first production from the well. HISTORY: S. 14, ch. 87-105; s. 4, ch. 94-193; s. 71, ch. 96-321; s. 14, ch. 2001-36; s. 8, ch. 2018-71, effective July 1, 2019.

« Title XL. », « Ch. 717. •, « § 717.115. » Fla. Stat. § 717.115

§ 717.115. Wages. Unpaid wages, including wages represented by unpresented payroll checks, owing in the ordinary course of the holder’s business that have not been claimed by the owner for more than 1 year after becoming payable are presumed unclaimed. HISTORY: S. 16, ch. 87-105; s. 15, ch. 2001-36.

« Title XL. », « Ch. 717. •, « § 717.116. » Fla. Stat. § 717.116

§ 717.116. Contents of safe-deposit box or other safekeeping repository. All tangible and intangible property held by a banking or financial organization in a safe-deposit box or any other safekeeping repository in this state in the ordinary course of the holder’s business, and proceeds resulting from the sale of the property permitted by law, that has not been claimed by the owner for more than 3 years after the lease or rental period on the box or other repository has expired are presumed unclaimed. HISTORY: S. 17, ch. 87-105; s. 8, ch. 96-301; s. 16, ch. 2001-36; s. 114, ch. 2004-390.

« Title XL. », « Ch. 717. •, « § 717.117. » Fla. Stat. § 717.117

§ 717.117. Report of unclaimed property. (1) Every person holding funds or other property, tangible or intangible, presumed unclaimed and subject to custody as unclaimed property under this chapter shall report to the department on such forms as the department may prescribe by rule. In lieu of forms, a report identifying 25 or more different apparent owners must be submitted by the holder via electronic medium as the department may prescribe by rule. The report must include: (a) Except for traveler’s checks and money orders, the name, social security number or taxpayer identification number, and date of birth, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of any property which is presumed unclaimed and which has a value of $50 or more. (b) For unclaimed funds which have a value of $50 or more held or owing under any life or endowment insurance policy or annuity contract, the full name, taxpayer identification number or social security number, date of birth, if known, and last known address of the insured or annuitant and of the beneficiary according to records of the insurance company holding or owing the funds. (c) For all tangible property held in a safe-deposit box or other safekeeping repository, a description of the property and the place where the property is held and may be inspected by the department, and any amounts owing to the holder. Contents of a safe-deposit box or other safekeeping repository which consist of documents or writings of a private nature and which have little or no apparent value shall not be presumed unclaimed. (d) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due. Items of value under $50 each may be reported in the aggregate. (e) The date the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property. (f) Any person or business association or public corporation holding funds

presumed unclaimed and having a total value of $10 or less may file a zero balance report for that reporting period. The balance brought forward to the new reporting period is zero. (g) Such other information as the department may prescribe by rule as necessary for the administration of this chapter. (h) Credit balances, customer overpayments, security deposits, and refunds having a value of less than $10 shall not be presumed unclaimed. (2) If the holder of property presumed unclaimed and subject to custody as unclaimed property is a successor holder or if the holder has changed the holder’s name while in possession of the property, the holder shall file with the holder’s report all known names and addresses of each prior holder of the property. Compliance with this subsection means the holder exercises reasonable and prudent efforts to determine the names of all prior holders. (3) The report must be filed before May 1 of each year. The report shall apply to the preceding calendar year. The department may impose and collect a penalty of $10 per day up to a maximum of $500 for the failure to timely report or the failure to include in a report information required by this chapter. The penalty shall be remitted to the department within 30 days after the date of the notification to the holder that the penalty is due and owing. As necessary for proper administration of this chapter, the department may waive any penalty due with appropriate justification. On written request by any person required to file a report and upon a showing of good cause, the department may postpone the reporting date. The department must provide information contained in a report filed with the department to any person requesting a copy of the report or information contained in a report, to the extent the information requested is not confidential, within 45 days after the report has been processed and added to the unclaimed property database subsequent to a determination that the report is accurate and that the reported property is the same as the remitted property. (4) Holders of inactive accounts having a value of $50 or more shall use due diligence to locate apparent owners. Not more than 120 days and not less than 60 days prior to filing the report required by this section, the holder in possession of property presumed unclaimed and subject to

custody as unclaimed property under this chapter shall send written notice to the apparent owner at the apparent owner’s last known address informing the apparent owner that the holder is in possession of property subject to this chapter, if the holder has in its records an address for the apparent owner which the holder’s records do not disclose to be inaccurate. (5) Any holder of intangible property may file with the department a petition for determination that the property is unclaimed requesting the department to accept custody of the property. The petition shall state any special circumstances that exist, contain the information required by subsection (2), and show that a diligent search has been made to locate the owner. If the department finds that the proof of diligent search is satisfactory, it shall give notice as provided in s. 717.118 and accept custody of the property. (6) Upon written request by any entity or person required to file a report, stating such entity’s or person’s justification for such action, the department may place that entity or person in an inactive status as an unclaimed property “holder.” (7)(a) This section does not apply to the unclaimed patronage refunds as provided for by contract or through bylaw provisions of entities organized under chapter 425 or that are exempt from ad valorem taxation pursuant to s. 196.2002. (b) This section does not apply to intangible property held, issued, or owing by a business association subject to the jurisdiction of the United States Surface Transportation Board or its successor federal agency if the apparent owner of such intangible property is a business association. The holder of such property does not have any obligation to report, to pay, or to deliver such property to the department. (c) This section does not apply to credit balances, overpayments, refunds, or outstanding checks owed by a health care provider to a managed care payor with whom the health care provider has a managed care contract, provided that the credit balances, overpayments, refunds, or outstanding checks become due and owing pursuant to the managed care contract. (8)(a) As used in this subsection, the term “property identifier” means the descriptor used by the holder to identify the unclaimed property.

(b) Social security numbers and property identifiers contained in reports required under this section, held by the department, are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (c) This exemption applies to social security numbers and property identifiers held by the department before, on, or after the effective date of this exemption. HISTORY: S. 18, ch. 87-105; s. 1, ch. 92-169; s. 30, ch. 92-319; s. 1, ch. 93-280; s. 9, ch. 96-301; s. 1771, ch. 97-102; s. 17, ch. 2001-36; s. 1, ch. 2002-64; s. 1888, ch. 2003-261; s. 115, ch. 2004-390; s. 4, ch. 2005-163; s. 1, ch. 2007-69, eff. Oct. 1, 2007; s. 1, ch. 2012-227, eff. May 4, 2012; s. 2, ch. 2016-90, effective July 1, 2016; s. 1, ch. 2017-33, effective October 1, 2017. Editor’s notes. Section 2, ch. 2007-69, provides: “The Legislature finds that it is a public necessity that property identifiers contained in reports of unclaimed property be made confidential and exempt from public-records requirements. Property identifiers, which are descriptors used by a holder to identify unclaimed property, could be used to obtain fraudulently unclaimed funds or property. Protection of property identifiers is a public necessity in order to prevent the fraudulent use of such information for purposes of creating falsified or forged documents that appear to demonstrate entitlement to unclaimed property. Such use defrauds the rightful property owner or the State School Fund. Furthermore, the release of property identifiers contained in reports of unclaimed property hinders the effective and efficient administration of the unclaimed property program.” Section 2, ch. 2012-227, provides: “The Legislature finds that it is a public necessity that social security numbers contained in reports of unclaimed property remain confidential and exempt from public records requirements. Social security numbers, which are used by a holder of unclaimed property to identify such property, could be used to fraudulently obtain unclaimed property. The release of social security numbers could also place owners of unclaimed property at risk of identity theft. Therefore, the protection of social security numbers is a public necessity in order to prevent the fraudulent use of such information by creating falsified or forged documents that appear to

demonstrate entitlement to unclaimed property and to prevent opportunities for identify theft. Such use defrauds the rightful owner or the State School Fund, which is the depository for all remaining unclaimed funds.”

« Title XL. », « Ch. 717. •, « § 717.118. » Fla. Stat. § 717.118

§ 717.118. Notification of apparent owners of unclaimed property. (1) It is specifically recognized that the state has an obligation to make an effort to notify owners of unclaimed property in a cost-effective manner. In order to provide all the citizens of this state an effective and efficient program for the recovery of unclaimed property, the department shall use cost-effective means to make at least one active attempt to notify owners of unclaimed property accounts valued at more than $250 with a reported address or taxpayer identification number. Such active attempt to notify apparent owners shall include any attempt by the department to directly contact the owner. Other means of notification, such as publication of the names of owners in the newspaper, on television, on the Internet, or through other promotional efforts and items in which the department does not directly attempt to contact the owner are expressly declared to be passive attempts. Nothing in this subsection precludes other agencies or entities of state government from notifying owners of the existence of unclaimed property or attempting to notify apparent owners of unclaimed property. (2) Notification provided directly to individual apparent owners shall consist of a description of the property and information regarding recovery of unclaimed property from the department. (3) This section is not applicable to sums payable on traveler’s checks, money orders, and other written instruments presumed unclaimed under s. 717.104. HISTORY: S. 19, ch. 87-105; s. 2, ch. 88-256; s. 31, ch. 92-319; s. 2, ch. 93-280; s. 10, ch. 96-301; s. 18, ch. 2001-36; s. 116, ch. 2004-390; s. 5, ch. 2005-163.

« Title XL. », « Ch. 717. •, « § 717.119. » Fla. Stat. § 717.119

§ 717.119. Payment or delivery of unclaimed property. (1) Every person who is required to file a report under s. 717.117 shall simultaneously pay or deliver to the department all unclaimed property required to be reported. Such payment or delivery shall accompany the report as required in this chapter for the preceding calendar year. (2) Payment of unclaimed funds may be made to the department by electronic funds transfer. (3) If the owner establishes the right to receive the unclaimed property to the satisfaction of the holder before the property has been delivered to the department or it appears that for some other reason the presumption that the property is unclaimed is erroneous, the holder need not pay or deliver the property to the department. In lieu of delivery, the holder shall file a verified written explanation of the proof of claim or of the error in the presumption that the property was unclaimed. (4) All stock or other intangible ownership interest reported under this chapter on the annual report filing required in s. 717.117 shall be remitted to the department with the report. Upon delivery of the stock or other intangible ownership interest to the department, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder is relieved of all liability of every kind in accordance with the provisions of s. 717.1201 to every person for any losses or damages resulting to the person by the delivery to the department of the stock or other intangible ownership interest. (5) All intangible and tangible property held in a safe-deposit box or any other safekeeping repository reported under s. 717.117 shall not be delivered to the department until 120 days after the report due date. The delivery of the property, through the United States mail or any other carrier, shall be insured by the holder at an amount equal to the estimated value of the property. Each package shall be clearly marked on the outside “Deliver Unopened.” A holder’s safe-deposit box contents shall be delivered to the department in a single shipment. In lieu of a single shipment, holders may provide the department with a single detailed

shipping schedule that includes package tracking information for all packages being sent pursuant to this section. (a) Holders may remit the value of cash and coins found in unclaimed safedeposit boxes to the department by cashier’s check or by electronic funds transfer, unless the cash or coins have a value above face value. The department shall identify by rule those cash and coin items having a numismatic value. Cash and coin items identified as having a numismatic value shall be remitted to the department in their original form. (b) Any firearm or ammunition found in an unclaimed safe-deposit box or any other safekeeping repository shall be delivered by the holder to a law enforcement agency for disposal pursuant to s. 705.103(2)(b) with the balance of the proceeds deposited into the State School Fund if the firearm is sold. However, the department is authorized to make a reasonable attempt to ascertain the historical value to collectors of any firearm that has been delivered to the department. Any firearm appearing to have historical value to collectors may be sold by the department pursuant to s. 717.122 to a person having a federal firearms license. Any firearm which is not sold pursuant to s. 717.122 shall be delivered by the department to a law enforcement agency in this state for disposal pursuant to s. 705.103(2)(b) with the balance of the proceeds deposited into the State School Fund if the firearm is sold. The department shall not be administratively, civilly, or criminally liable for any firearm delivered by the department to a law enforcement agency in this state for disposal. (c) If such property is not paid or delivered to the department on or before the applicable payment or delivery date, the holder shall pay to the department a penalty for each safe-deposit box shipment received late. The penalty shall be $100 for a safe-deposit box shipment container that is late 30 days or less. Thereafter, the penalty shall be $500 for a safe-deposit box shipment container that is late for each additional successive 30-day period. The penalty assessed against a holder for a late safe-deposit box shipment container shall not exceed $4,000 annually. The penalty shall be remitted to the department within 30 days after the date of the notification to the holder that the penalty is due and owing. (d) The department may waive any penalty due with appropriate justification, as provided by rule.

(e) If a will or trust instrument is included among the contents of a safedeposit box or other safekeeping repository delivered to the department, the department must provide a copy of the will, trust, and any codicils or amendments to such will or trust instrument, upon request, to anyone who provides the department with evidence of the death of the testator or settlor. (6) Any holder may request an extension in writing of up to 60 days for the delivery of property if extenuating circumstances exist for the late delivery of the property. Any such extension the department may grant shall be in writing. HISTORY: S. 20, ch. 87-105; s. 11, ch. 96-301; s. 19, ch. 2001-36; s. 4, ch. 2003-21; s. 117, ch. 2004-390; s. 6, ch. 2005-163; s. 1, ch. 2021-144, effective June 21, 2021.

« Title XL. », « Ch. 717. •, « § 717.1201. » Fla. Stat. § 717.1201

§ 717.1201. Custody by state; holder relieved from liability; reimbursement of holder paying claim; reclaiming for owner; defense of holder; payment of safe-deposit box or repository charges. (1) Upon the payment or delivery of property to the department, the state assumes custody and responsibility for the safekeeping of property. Any person who pays or delivers property to the department in good faith is relieved of all liability to the extent of the value of the property paid or delivered for any claim then existing or which thereafter may arise or be made in respect to the property. (2) Any holder who has paid money to the department pursuant to this chapter may make payment to any person appearing to be entitled to payment and, upon filing proof that the payee is entitled thereto, the department shall forthwith repay the holder without deduction of any fee or other charges. If repayment is sought for a payment made on a negotiable instrument, including a traveler’s check or money order, the holder must be repaid under this subsection upon filing proof that the instrument was duly presented and that the payee is entitled to payment. The holder shall be repaid for payment made under this subsection even if the payment was made to a person whose claim was barred under s. 717.129(1). (3) Any holder who has delivered property, including a certificate of any interest in a business association, other than money to the department pursuant to this chapter may reclaim the property if still in the possession of the department, without payment of any fee or other charges, upon filing proof that the owner has claimed the property from the holder. (4) The department may accept an affidavit of the holder stating the facts that entitle the holder to recover money and property under this section as sufficient proof. (5) If the holder pays or delivers property to the department in good faith and thereafter any other person claims the property from the holder paying or delivering, or another state claims the money or property under that state’s laws relating to escheat or abandoned or unclaimed property, the department, upon written notice of the claim, shall defend the holder

against the claim and indemnify the holder against any liability on the claim. (6) For the purposes of this section, “good faith” means that: (a) Payment or delivery was made in a reasonable attempt to comply with this chapter. (b) The person delivering the property was not a fiduciary then in breach of trust in respect to the property and had a reasonable basis for believing, based on the facts then known to that person, that the property was unclaimed for the purposes of this chapter. (c) There is no showing that the records pursuant to which the delivery was made did not meet reasonable commercial standards of practice in the industry. (7) Property removed from a safe-deposit box or other safekeeping repository is received by the department subject to the holder’s right under this subsection to be reimbursed for the actual cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges. The department shall make the reimbursement to the holder out of the proceeds remaining after the deduction of the department’s selling cost. HISTORY: S. 21, ch. 87-105; s. 20, ch. 2001-36; s. 118, ch. 2004-390.

« Title XL. », « Ch. 717. •, « § 717.121. » Fla. Stat. § 717.121

§ 717.121. Crediting of dividends, interest, or increments to owner’s account. Whenever property other than money is paid or delivered to the department under this chapter, the owner is entitled to receive from the department any dividends, interest, or other increments realized or accruing on the property at or before liquidation or conversion thereof into money. HISTORY: S. 22, ch. 87-105.

« Title XL. », « Ch. 717. •, « § 717.122. » Fla. Stat. § 717.122

§ 717.122. Public sale of unclaimed property. (1) Except as provided in paragraph (2)(a), the department after the receipt of unclaimed property shall sell it to the highest bidder at public sale on the Internet or at a specified physical location wherever in the judgment of the department the most favorable market for the property involved exists. The department may decline the highest bid and reoffer the property for sale if in the judgment of the department the bid is insufficient. The department shall have the discretion to withhold from sale any unclaimed property that the department deems to be of benefit to the people of the state. If in the judgment of the department the probable cost of sale exceeds the value of the property, it need not be offered for sale and may be disposed of as the department determines appropriate. Any sale at a specified physical location held under this section must be preceded by a single publication of notice, at least 3 weeks in advance of sale, in a newspaper of general circulation in the county in which the property is to be sold. The department shall proportionately deduct auction fees, preparation costs, and expenses from the amount posted to the owner’s account when safe-deposit box contents are sold. No action or proceeding may be maintained against the department for or on account of any decision to decline the highest bid or withhold any unclaimed property from sale. (2)(a) Securities listed on an established stock exchange must be sold at prices prevailing at the time of sale on the exchange. Other securities may be sold over the counter at prices prevailing at the time of sale or by any other method the department deems advisable. The department may authorize the agent or broker acting on behalf of the department to deduct fees from the proceeds of these sales at a rate agreed upon in advance by the agent or broker and the department. The department shall reimburse owners’ accounts for these brokerage fees from the State School Fund unless the securities are sold at the owner’s request. (b) Unless the department deems it to be in the public interest to do otherwise, all securities presumed unclaimed and delivered to the department may be sold upon receipt. Any person making a claim pursuant to this

chapter is entitled to receive either the securities delivered to the department by the holder, if they still remain in the hands of the department, or the proceeds received from sale, but no person has any claim under this chapter against the state, the holder, any transfer agent, any registrar, or any other person acting for or on behalf of a holder for any appreciation in the value of the property occurring after delivery by the holder to the state. (c) Certificates for unclaimed stock or other equity interest of business associations that cannot be canceled and registered in the department’s name or that cannot be readily liquidated and converted into the currency of the United States may be sold for the value of the certificate, if any, in accordance with subsection (1) or may be destroyed in accordance with s. 717.128. (3) The purchaser of property at any sale conducted by the department pursuant to this chapter is entitled to ownership of the property purchased free from all claims of the owner or previous holder thereof and of all persons claiming through or under them. The department shall execute all documents necessary to complete the transfer of ownership. (4) The sale of unclaimed tangible personal property is not subject to tax under chapter 212 when such property is sold by or on behalf of the department pursuant to this section. HISTORY: S. 23, ch. 87-105; s. 3, ch. 90-113; s. 12, ch. 96-301; s. 21, ch. 2001-36; s. 119, ch. 2004-390; s. 7, ch. 2005-163.

« Title XL. », « Ch. 717. •, « § 717.123. » Fla. Stat. § 717.123

§ 717.123. Deposit of funds. (1) All funds received under this chapter, including the proceeds from the sale of unclaimed property under s. 717.122, shall forthwith be deposited by the department in the Unclaimed Property Trust Fund. The department shall retain, from funds received under this chapter, an amount not exceeding $15 million from which the department shall make prompt payment of claims allowed by the department and shall pay the costs incurred by the department in administering and enforcing this chapter. All remaining funds received by the department under this chapter shall be deposited by the department into the State School Fund. (2) The department shall record the name and last known address of each person appearing from the holder’s reports to be entitled to the unclaimed property in the total amounts of $5 or greater; the name and the last known address of each insured person or annuitant; and with respect to each policy or contract listed in the report of an insurance corporation, its number, the name of the corporation, and the amount due. HISTORY: S. 24, ch. 87-105; s. 13, ch. 96-301; s. 22, ch. 2001-36; s. 120, ch. 2004390.

« Title XL. », « Ch. 717. •, « § 717.1235. » Fla. Stat. § 717.1235

§ 717.1235. Dormant campaign accounts; report of unclaimed property. Unclaimed funds reported in the name of a campaign for public office, for any campaign that must dispose of surplus funds in its campaign account pursuant to s. 106.141, after being reported to the department, shall be deposited with the Chief Financial Officer to the credit of the State School Fund. HISTORY: S. 3, ch. 2016-90, effective July 1, 2016.

« Title XL. », « Ch. 717. •, « § 717.124. » Fla. Stat. § 717.124

§ 717.124. Unclaimed property claims. (1) Any person, excluding another state, claiming an interest in any property paid or delivered to the department under this chapter may file with the department a claim on a form prescribed by the department and verified by the claimant or the claimant’s representative. The claimant’s representative must be an attorney licensed to practice law in this state, a licensed Florida-certified public accountant, or a private investigator licensed under chapter 493. The claimant’s representative must be registered with the department under this chapter. The claimant, or the claimant’s representative, shall provide the department with a legible copy of a valid driver license of the claimant at the time the original claim form is filed. If the claimant has not been issued a valid driver license at the time the original claim form is filed, the department shall be provided with a legible copy of a photographic identification of the claimant issued by the United States, a state or territory of the United States, a foreign nation, or a political subdivision or agency thereof or other evidence deemed acceptable by the department by rule. In lieu of photographic identification, a notarized sworn statement by the claimant may be provided which affirms the claimant’s identity and states the claimant’s full name and address. The claimant must produce to the notary photographic identification of the claimant issued by the United States, a state or territory of the United States, a foreign nation, or a political subdivision or agency thereof or other evidence deemed acceptable by the department by rule. The notary shall indicate the notary’s full address on the notarized sworn statement. Any claim filed without the required identification or the sworn statement with the original claim form and the original Unclaimed Property Recovery Agreement or Unclaimed Property Purchase Agreement, if applicable, is void. (a) Within 90 days after receipt of a claim, the department may return any claim that provides for the receipt of fees and costs greater than that permitted under this chapter or that contains any apparent errors or omissions. The department may also request that the claimant or the claimant’s representative provide additional information. The department

shall retain a copy or electronic image of the claim. (b) A claim is considered to have been withdrawn by a claimant or the claimant’s representative if the department does not receive a response to its request for additional information within 60 days after the notification of any apparent errors or omissions. (c) Within 90 days after receipt of the claim, or the response of the claimant or the claimant’s representative to the department’s request for additional information, whichever is later, the department shall determine each claim. Such determination shall contain a notice of rights provided by ss. 120.569 and 120.57. The 90-day period shall be extended by 60 days if the department has good cause to need additional time or if the unclaimed property: 1. Is owned by a person who has been a debtor in bankruptcy; 2. Was reported with an address outside of the United States; 3. Is being claimed by a person outside of the United States; or 4. Contains documents filed in support of the claim that are not in the English language and have not been accompanied by an English language translation. (2) A claim for a cashier’s check or a stock certificate without the original instrument may require an indemnity bond equal to the value of the claim to be provided prior to issue of the stock or payment of the claim by the department. (3) The department may require an affidavit swearing to the authenticity of the claim, lack of documentation, and an agreement to allow the department to provide the name and address of the claimant to subsequent claimants coming forward with substantiated proof to claim the account. This shall apply to claims equal to or less than $250. The exclusive remedy of a subsequent claimant to the property shall be against the person who received the property from the department. (4)(a) Except as otherwise provided in this chapter, if a claim is determined in favor of the claimant, the department shall deliver or pay over to the claimant the property or the amount the department actually received or the proceeds if it has been sold by the department, together with any additional

amount required by s. 717.121. (b) If an owner authorizes an attorney licensed to practice law in this state, a Florida-certified public accountant, or a private investigator licensed under chapter 493, and registered with the department under this chapter, to claim the unclaimed property on the owner’s behalf, the department is authorized to make distribution of the property or money in accordance with the Unclaimed Property Recovery Agreement or Unclaimed Property Purchase Agreement under s. 717.135. The original Unclaimed Property Recovery Agreement or Unclaimed Property Purchase Agreement must be executed by the claimant or seller and must be filed with the department. (c)1. Payments of approved claims for unclaimed cash accounts must be made to the owner after deducting any fees and costs authorized by the claimant under an Unclaimed Property Recovery Agreement. The contents of a safe-deposit box must be delivered directly to the claimant. 2. Payments of fees and costs authorized under an Unclaimed Property Recovery Agreement for approved claims must be made or issued to the law firm of the designated attorney licensed to practice law in this state, the public accountancy firm of the licensed Florida-certified public accountant, or the designated employing private investigative agency licensed by this state. Such payments shall be made by electronic funds transfer and may be made on such periodic schedule as the department may define by rule, provided the payment intervals do not exceed 31 days. Payment made to an attorney licensed in this state, a Florida-certified public accountant, or a private investigator licensed under chapter 493, operating individually or as a sole practitioner, must be to the attorney, certified public accountant, or private investigator. (5) The department shall not be administratively, civilly, or criminally liable for any property or funds distributed pursuant to this section, provided such distribution is made in good faith. (6) This section does not supersede the licensing requirements of chapter 493. (7) The department may allow an apparent owner to electronically submit a claim for unclaimed property to the department. If a claim is submitted electronically for $2,000 or less, the department may use a

method of identity verification other than a copy of a valid driver license, other government-issued photographic identification, or a sworn notarized statement. The department may adopt rules to implement this subsection. (8) Notwithstanding any other provision of this chapter, the department may develop and implement an identification verification and disbursement process by which an account valued at $2,000 or less, after being received by the department and added to the unclaimed property database, may be disbursed to an apparent owner after the department has verified that the apparent owner is living and that the apparent owner’s current address is correct. The department shall include with the payment a notification and explanation of the dollar amount, the source, and the property type of each account included in the disbursement. The department shall adopt rules to implement this subsection. (9)(a) Notwithstanding any other provision of this chapter, the department may develop and implement a verification and disbursement process by which an account, after being received by the department and added to the unclaimed property database, for which the apparent owner entity is: 1. A state agency in this state or a subdivision or successor agency thereof; 2. A county government in this state or a subdivision thereof; 3. A public school district in this state or a subdivision thereof; 4. A municipality in this state or a subdivision thereof; or 5. A special taxing district or authority in this state, may be disbursed to the apparent owner entity or successor entity. The department shall include with the payment a notification and explanation of the dollar amount, the source, and the property type of each account included in the disbursement. (b) The department may adopt rules to implement this subsection. (10) Notwithstanding any other provision of this chapter, the department may develop a process by which a claimant’s representative or a buyer of unclaimed property may electronically submit to the department an electronic image of a completed claim and claims-related documents under this chapter, including an Unclaimed Property Recovery Agreement or Unclaimed Property Purchase Agreement that has been signed and dated

by a claimant or seller under s. 717.135, after the claimant’s representative or the buyer of unclaimed property receives the original documents provided by the claimant or the seller for any claim. Each claim filed by a claimant’s representative or a buyer of unclaimed property must include a statement by the claimant’s representative or the buyer of unclaimed property attesting that all documents are true copies of the original documents and that all original documents are physically in the possession of the claimant’s representative or the buyer of unclaimed property. All original documents must be kept in the original form, by claim number, under the secure control of the claimant’s representative or the buyer of unclaimed property and must be available for inspection by the department in accordance with s. 717.1315. The department may adopt rules to implement this subsection. (11) This section applies to all unclaimed property reported and remitted to the Chief Financial Officer, including, but not limited to, property reported pursuant to ss. 45.032, 732.107, 733.816, and 744.534. HISTORY: S. 25, ch. 87-105; s. 3, ch. 89-291; s. 8, ch. 89-299; s. 4, ch. 90-113; s. 14, ch. 96-301; s. 295, ch. 96-410; s. 31, ch. 97-93; s. 1772, ch. 97-102; s. 23, ch. 2001-36; s. 121, ch. 2004-390; s. 8, ch. 2005-163; s. 1, ch. 2013-34, eff. July 1, 2013; s. 9, ch. 2018-71, effective July 1, 2019; s. 34, ch. 2019-140, effective July 1, 2019; s. 2, ch. 2021-144, effective June 21, 2021.

« Title XL. », « Ch. 717. •, « § 717.12403. » Fla. Stat. § 717.12403

§ 717.12403. Unclaimed demand, savings, or checking account in a financial institution held in the name of more than one person. (1)(a) If an unclaimed demand, savings, or checking account in a financial institution is reported as an “and” account in the name of two or more persons who are not beneficiaries, it is presumed that each person must claim the account in order for the claim to be approved by the department. This presumption may be rebutted by showing that entitlement to the account has been transferred to another person or by clear and convincing evidence demonstrating that the account should have been reported by the financial institution as an “or” account. (b) If an unclaimed demand, savings, or checking account in a financial institution is reported as an “and” account and one of the persons on the account is deceased, it is presumed that the account is a survivorship account. This presumption may be rebutted by showing that entitlement to the account has been transferred to another person or by clear and convincing evidence demonstrating that the account is not a survivorship account. (2) If an unclaimed demand, savings, or checking account in a financial institution is reported as an “or” account in the name of two or more persons who are not beneficiaries, it is presumed that either person listed on the account may claim the entire amount held in the account. This presumption may be rebutted by showing that entitlement to the account has been transferred to another person or by clear and convincing evidence demonstrating that the account should have been reported by the financial institution as an “and” account. (3) If an unclaimed demand, savings, or checking account in a financial institution is reported in the name of two or more persons who are not beneficiaries without identifying whether the account is an “and” account or an “or” account, it is presumed that the account is an “or” account. This presumption may be rebutted by showing that entitlement to the account has been transferred to another person or by clear and convincing evidence demonstrating that the account should have been reported by the financial institution as an “and” account.

(4) The department shall be deemed to have made a distribution in good faith if the department remits funds consistent with this section. HISTORY: S. 122, ch. 2004-390.

« Title XL. », « Ch. 717. •, « § 717.12404. » Fla. Stat. § 717.12404

§ 717.12404. Claims on behalf of a business entity or trust. (1)(a) Claims on behalf of an active or dissolved corporation, for which the last annual report is not available from the Department of State through the Internet, must be accompanied by a microfiche copy of the records on file with the Department of State or, if the corporation has not made a corporate filing with the Department of State, the claim must be accompanied by a uniform resource locator for the address of a free Internet site operated by the state of incorporation of the corporation that provides access to the last corporate filing identifying the officers and directors of the corporation. If available, the claim must be accompanied by a printout of the officers and directors from the Department of State Internet site or the free Internet site operated by the state of incorporation of the corporation. If the free Internet site is not available, the claim must be accompanied by an authenticated copy of the last corporate filing identifying the officers and directors from the appropriate authorized official of the state of incorporation. (b) A claim on behalf of a corporation must be made by an officer or director identified on the last corporate filing. (2) Claims on behalf of a dissolved corporation, a business entity other than an active corporation, or a trust must include a legible copy of a valid driver license of the person acting on behalf of the dissolved corporation, business entity other than an active corporation, or trust. If the person has not been issued a valid driver license, the department shall be provided with a legible copy of a photographic identification of the person issued by the United States, a foreign nation, or a political subdivision or agency thereof. In lieu of photographic identification, a notarized sworn statement by the person may be provided which affirms the person’s identity and states the person’s full name and address. The person must produce his or her photographic identification issued by the United States, a state or territory of the United States, a foreign nation, or a political subdivision or agency thereof or other evidence deemed acceptable by the department by rule. The notary shall indicate the notary’s full address on the notarized sworn statement. Any claim filed without the required identification or the

sworn statement with the original claim form and the original Unclaimed Property Recovery Agreement or Unclaimed Property Purchase Agreement, if applicable, is void. HISTORY: S. 123, ch. 2004-390; s. 9, ch. 2005-163; s. 3, ch. 2021-144, effective June 21, 2021.

« Title XL. », « Ch. 717. •, « § 717.12405. » Fla. Stat. § 717.12405

§ 717.12405. Claims by estates. An estate or any person representing an estate or acting on behalf of an estate may claim unclaimed property only after the heir or legatee of the decedent entitled to the property has been located. Any estate, or any person representing an estate or acting on behalf of an estate, that receives unclaimed property before the heir or legatee of the decedent entitled to the property has been located, is personally liable for the unclaimed property and must immediately return the full amount of the unclaimed property or the value thereof to the department in accordance with s. 717.1341. HISTORY: S. 124, ch. 2004-390.

« Title XL. », « Ch. 717. •, « § 717.12406. » Fla. Stat. § 717.12406

§ 717.12406. Joint ownership of unclaimed securities or dividends. For the purpose of determining joint ownership of unclaimed securities or dividends, the term: (1) “TEN COM” means tenants in common. (2) “TEN ENT” means tenants by the entireties. (3) “JT TEN” or “JT” means joint tenants with the right of survivorship and not as tenants in common. (4) “And” means tenants in common with each person entitled to an equal pro rata share. (5) “Or” means that each person listed on the account is entitled to all of the funds. HISTORY: S. 10, ch. 2005-163.

« Title XL. », « Ch. 717. •, « § 717.1241. » Fla. Stat. § 717.1241

§ 717.1241. Conflicting claims. (1) When conflicting claims have been received by the department for the same unclaimed property account or accounts, the property shall be remitted in accordance with the claim filed by the person as follows, notwithstanding the withdrawal of a claim: (a) To the person submitting the first claim received by the Division of Unclaimed Property of the department that is complete or made complete. (b) If a claimant’s claim and a claimant’s representative’s claim are received by the Division of Unclaimed Property of the department on the same day and both claims are complete, to the claimant. (c) If a buyer’s claim and a claimant’s claim or a claimant’s representative’s claim are received by the Division of Unclaimed Property of the department on the same day and the claims are complete, to the buyer. (d) As between two or more claimant’s representative’s claims received by the Division of Unclaimed Property of the department that are complete or made complete on the same day, to the claimant’s representative who has agreed to receive the lowest fee. If the two or more claimant’s representatives whose claims received by the Division of Unclaimed Property of the department were complete or made complete on the same day are charging the same lowest fee, the fee shall be divided equally between the claimant’s representatives. (e) If more than one buyer’s claim received by the Division of Unclaimed Property of the department is complete or made complete on the same day, the department shall remit the unclaimed property to the buyer who paid the highest amount to the seller. If the buyers paid the same amount to the seller, the department shall remit the unclaimed property to the buyers divided in equal amounts. (2) The purpose of this section is solely to provide guidance to the department regarding to whom it should remit the unclaimed property and is not intended to extinguish or affect any private cause of action that any person may have against another person for breach of contract or other

statutory or common-law remedy. A buyer’s sole remedy, if any, shall be against the claimant’s representative or the seller, or both. A claimant’s representative’s sole remedy, if any, shall be against the buyer or the seller, or both. A claimant’s or seller’s sole remedy, if any, shall be against the buyer or the claimant’s representative, or both. Nothing in this section forecloses the right of a person to challenge the department’s determination of completeness in a proceeding under ss. 120.569 and 120.57. (3) A claim is complete when entitlement to the unclaimed property has been established. HISTORY: S. 15, ch. 96-301; s. 24, ch. 2001-36; s. 125, ch. 2004-390; s. 11, ch. 2005163; s. 40, ch. 2016-165, effective July 1, 2016.

« Title XL. », « Ch. 717. •, « § 717.1242. » Fla. Stat. § 717.1242

§ 717.1242. Restatement of jurisdiction of the circuit court sitting in probate and the department. (1) It is and has been the intent of the Legislature that, pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of proceedings relating to the settlement of the estates of decedents and other jurisdiction usually pertaining to courts of probate. It is and has been the intent of the Legislature that, pursuant to s. 717.124, the department determines the merits of claims for property paid or delivered to the department under this chapter. Consistent with this legislative intent, any estate or beneficiary, as defined in s. 731.201, of an estate seeking to obtain property paid or delivered to the department under this chapter must file a claim with the department as provided in s. 717.124. (2) If any estate or heir of an estate seeks or obtains an order from a circuit court sitting in probate directing the department to pay or deliver to any person property paid or delivered to the department under this chapter, the estate or heir shall be ordered to pay the department reasonable costs and attorney’s fees in any proceeding brought by the department to oppose, appeal, or collaterally attack the order if the department is the prevailing party in any such proceeding. HISTORY: S. 16, ch. 96-301; s. 126, ch. 2004-390; s. 12, ch. 2005-163.

« Title XL. », « Ch. 717. •, « § 717.1243. » Fla. Stat. § 717.1243

§ 717.1243. Small estate accounts. (1) A claim for unclaimed property made by a beneficiary, as defined in s. 731.201, of a deceased owner need not be accompanied by an order of a probate court if the claimant files with the department an affidavit, signed by all beneficiaries, stating that all the beneficiaries have amicably agreed among themselves upon a division of the estate and that all funeral expenses, expenses of the last illness, and any other lawful claims have been paid, and any additional information reasonably necessary to make a determination of entitlement. If the owner died testate, the claim shall be accompanied by a copy of the will. (2) Each person receiving property under this section shall be personally liable for all lawful claims against the estate of the owner, but only to the extent of the value of the property received by such person under this section, exclusive of the property exempt from claims of creditors under the constitution and laws of this state. (3) Any heir or devisee of the owner, who was lawfully entitled to share in the property but did not receive his or her share of the property, may enforce his or her rights in appropriate proceedings against those who received the property and shall be awarded taxable costs as in chancery actions, including attorney’s fees. (4) This section only applies if all of the unclaimed property held by the department on behalf of the owner has an aggregate value of $10,000 or less and no probate proceeding is pending. (5) Nothing in this section shall be interpreted as precluding the use of live testimony in order to establish entitlement. HISTORY: S. 17, ch. 96-301; s. 25, ch. 2001-36; s. 23, ch. 2003-154; s. 13, ch. 2005163; s. 4, ch. 2016-90, effective July 1, 2016. Editor’s notes.

Section 23, ch. 2003-154 renacted (1) without change to incorporate amendments to statutory sections referenced therein.

« Title XL. », « Ch. 717. •, « § 717.1244. » Fla. Stat. § 717.1244

§ 717.1244. Determinations of unclaimed property claims. In rendering a determination regarding the merits of an unclaimed property claim, the department shall rely on the applicable statutory, regulatory, common, and case law. Agency statements applying the statutory, regulatory, common, and case law to unclaimed property claims are not agency statements subject to s. 120.56(4). HISTORY: S. 127, ch. 2004-390.

« Title XL. », « Ch. 717. •, « § 717.1245. » Fla. Stat. § 717.1245

§ 717.1245. Garnishment of unclaimed property. If any person files a petition for writ of garnishment seeking to obtain property paid or delivered to the department under this chapter, the petitioner shall be ordered to pay the department reasonable costs and attorney’s fees in any proceeding brought by the department to oppose, appeal, or collaterally attack the petition or writ if the department is the prevailing party in any such proceeding. HISTORY: S. 14, ch. 2005-163.

« Title XL. », « Ch. 717. •, « § 717.125. » Fla. Stat. § 717.125

§ 717.125. Claim of another state to recover property; procedure. (1) At any time after property has been paid or delivered to the department under this chapter, another state may recover the property if: (a) The property was subjected to custody by this state because the records of the holder did not reflect the last known address of the apparent owner when the property was presumed unclaimed under this chapter, and the other state establishes that the last known address of the apparent owner or other person entitled to the property was in that state and under the laws of that state the property escheated to or was subject to a claim of abandonment or being unclaimed by that state; (b) The last known address of the apparent owner or other person entitled to the property, as reflected by the records of the holder, is in the other state and under the laws of that state the property has escheated to or become subject to a claim of abandonment by that state; (c) The records of the holder were erroneous in that they did not accurately reflect the actual owner of the property and the last known address of the actual owner is in the other state and under laws of that state the property escheated to or was subject to a claim of abandonment by that state; (d) The property was subject to custody by this state under s. 717.103(6) and under the laws of the state of domicile of the holder the property has escheated to or become subject to a claim of abandonment by that state; or (e) The property is the sum payable on a traveler’s check, money order, or other similar instrument that was subjected to custody by this state under s. 717.104, and the instrument was purchased in the other state, and under the laws of that state the property escheated to or became subject to a claim of abandonment by that state. (2) The claim of another state to recover escheated or unclaimed property under this section must be presented in a form prescribed by the department, and the department shall determine the claim within 90 days after it is presented. Such determination shall contain a notice of rights provided by ss. 120.569 and 120.57.

(3) The department shall require a state, prior to recovery of property under this section, to indemnify this state and its officers and employees against any liability on a claim for the property. HISTORY: S. 26, ch. 87-105; s. 296, ch. 96-410; s. 26, ch. 2001-36.

« Title XL. », « Ch. 717. •, « § 717.126. » Fla. Stat. § 717.126

§ 717.126. Administrative hearing; burden of proof; proof of entitlement; venue. (1) Any person aggrieved by a decision of the department may petition for a hearing as provided in ss. 120.569 and 120.57. In any proceeding for determination of a claim to property paid or delivered to the department under this chapter, the burden shall be upon the claimant to establish entitlement to the property by a preponderance of evidence. Having the same name as that reported to the department is not sufficient, in the absence of other evidence, to prove entitlement to unclaimed property. (2) Unless otherwise agreed by the parties, venue shall be in Tallahassee, Leon County, Florida. However, upon the request of a party, the presiding officer may, in the presiding officer’s discretion, conduct the hearing at an alternative remote video location. HISTORY: S. 27, ch. 87-105; s. 297, ch. 96-410; s. 128, ch. 2004-390.

« Title XL. », « Ch. 717. •, « § 717.1261. » Fla. Stat. § 717.1261

§ 717.1261. Death certificates. Any person who claims entitlement to unclaimed property by means of the death of one or more persons shall file a copy of the death certificate of the decedent or decedents that has been certified as being authentic by the issuing governmental agency. HISTORY: S. 129, ch. 2004-390.

« Title XL. », « Ch. 717. •, « § 717.1262. » Fla. Stat. § 717.1262

§ 717.1262. Court documents. Any person who claims entitlement to unclaimed property by reason of a court document shall file a certified copy of the court document with the department. A certified copy of each pleading filed with the court to obtain a court document establishing entitlement, filed within 180 days before the date the claim form was signed by the claimant or claimant’s representative, must also be filed with the department. HISTORY: S. 130, ch. 2004-390; s. 5, ch. 2016-90, effective July 1, 2016.

« Title XL. », « Ch. 717. •, « § 717.127. » Fla. Stat. § 717.127

§ 717.127. Election to take payment or delivery. The department may decline to receive any property reported under this chapter that the department considers to have a value less than the expense of giving notice and of sale. If the department elects not to receive custody of the property, the holder shall be notified within 120 days after filing the report required under s. 717.117 or remitting the property required under s. 717.119. HISTORY: S. 28, ch. 87-105; s. 18, ch. 96-301.

« Title XL. », « Ch. 717. •, « § 717.128. » Fla. Stat. § 717.128

§ 717.128. Destruction or disposition of property having insubstantial commercial value; immunity from liability. If the department after investigation finds that any property delivered under this chapter has insubstantial commercial value, the department may destroy or otherwise dispose of the property. No action or proceeding may be maintained against the state or any officer or against the holder for or on account of any action taken by the department pursuant to this section with respect to the property. HISTORY: S. 29, ch. 87-105.

« Title XL. », « Ch. 717. •, « § 717.129. » Fla. Stat. § 717.129

§ 717.129. Periods of limitation. (1) The expiration before or after July 1, 1987, of any period of time specified by contract, statute, or court order, during which a claim for money or property may be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed unclaimed or affect any duty to file a report or to pay or deliver unclaimed property to the department as required by this chapter. (2) No action or proceeding may be commenced by the department with respect to any duty of a holder under this chapter more than 10 years after the duty arose. HISTORY: S. 30, ch. 87-105; s. 27, ch. 2001-36.

« Title XL. », « Ch. 717. •, « § 717.1301. » Fla. Stat. § 717.1301

§ 717.1301. Investigations; examinations; subpoenas. (1) The department may make investigations and examinations within or outside this state of claims, reports, and other records as it deems necessary to administer and enforce the provisions of this chapter. In such investigations and examinations the department may administer oaths, examine witnesses, issue subpoenas, and otherwise gather evidence. The department may request any person who has not filed a report under s. 717.117 to file a verified report stating whether or not the person is holding any unclaimed property reportable or deliverable under this chapter. (2) Subpoenas for witnesses whose evidence is deemed material to any investigation or examination under this section may be issued by the department under seal of the department, or by any court of competent jurisdiction, commanding such witnesses to appear before the department at a time and place named and to bring such books, records, and documents as may be specified or to submit such books, records, and documents to inspection. Such subpoenas may be served by an authorized representative of the department. (3) If any person shall refuse to testify, produce books, records, and documents, or otherwise refuse to obey a subpoena issued under this section, the department may present its petition to a court of competent jurisdiction in or for the county in which such person resides or has its principal place of business, whereupon the court shall issue its rule nisi requiring such person to obey forthwith the subpoena issued by the department or show cause for failing to obey said subpoena. Unless said person shows sufficient cause for failing to obey the subpoena, the court shall forthwith direct such person to obey the same subject to such punishment as the court may direct including, but not limited to, the restraint, by injunction or by appointment of a receiver, of any transfer, pledge, assignment, or other disposition of such person’s assets or any concealment, alteration, destruction, or other disposition of subpoenaed books, records, or documents as the court deems appropriate, until such person has fully complied with such subpoena and the department has completed its investigation or examination. The department is entitled to

the summary procedure provided in s. 51.011, and the court shall advance the cause on its calendar. Costs incurred by the department to obtain an order granting, in whole or in part, its petition shall be taxed against the subpoenaed person, and failure to comply with such order shall be a contempt of court. (4) Witnesses shall be entitled to the same fees and mileage as they may be entitled by law for attending as witnesses in the circuit court, except where such examination or investigation is held at the place of business or residence of the witness. (5) The material compiled by the department in an investigation or examination under this chapter is confidential until the investigation or examination is complete. The material compiled by the department in an investigation or examination under this chapter remains confidential after the department’s investigation or examination is complete if the department has submitted the material or any part of it to any law enforcement agency or other administrative agency for further investigation or for the filing of a criminal or civil prosecution and such investigation has not been completed or become inactive. (6) If an investigation or an examination of the records of any person results in the disclosure of property reportable and deliverable under this chapter, the department may assess the cost of investigation or the examination against the holder at the rate of $100 per 8-hour day for each investigator or examiner. Such fee shall be calculated on an hourly basis and shall be rounded to the nearest hour. The person shall also pay the travel expense and per diem subsistence allowance provided for state employees in s. 112.061. The person shall not be required to pay a per diem fee and expenses of an examination or investigation which shall consume more than 30 worker-days in any one year unless such examination or investigation is due to fraudulent practices of the person, in which case such person shall be required to pay the entire cost regardless of time consumed. The fee shall be remitted to the department within 30 days after the date of the notification that the fee is due and owing. Any person who fails to pay the fee within 30 days after the date of the notification that the fee is due and owing shall pay to the department interest at the rate of 12 percent per annum on such fee from the date of the notification.

HISTORY: S. 31, ch. 87-105; s. 1, ch. 94-262; s. 131, ch. 2004-390.

« Title XL. », « Ch. 717. •, « § 717.1311. » Fla. Stat. § 717.1311

§ 717.1311. Retention of records. (1) Every holder required to file a report under s. 717.117 shall maintain a record of the specific type of property, amount, name, and last known address of the owner for 5 years after the property becomes reportable, except to the extent that a shorter time is provided in subsection (2) or by rule of the department. (2) Any business association that sells in this state its traveler’s checks, money orders, or other similar written instruments, other than third-party bank checks on which the business association is directly responsible, or that provides such instruments to others for sale in this state, shall maintain a record of those instruments while they remain outstanding, indicating the state and date of issue for 3 years after the date the property is reportable. HISTORY: S. 32, ch. 87-105; s. 24, ch. 91-110; s. 19, ch. 96-301; s. 15, ch. 2005-163.

« Title XL. », « Ch. 717. •, « § 717.1315. » Fla. Stat. § 717.1315

§ 717.1315. Retention of records by claimant’s representatives and buyers of unclaimed property. (1) Every claimant’s representative and buyer of unclaimed property shall keep and use in his or her business such books, accounts, and records of the business conducted under this chapter to enable the department to determine whether such person is complying with this chapter and the rules adopted by the department under this chapter. Every claimant’s representative and buyer of unclaimed property shall preserve such books, accounts, and records, including every Unclaimed Property Recovery Agreement or Unclaimed Property Purchase Agreement between the owner and such claimant’s representative or buyer, for at least 3 years after the date of the initial agreement. (2) A claimant’s representative or buyer of unclaimed property, operating at two or more places of business in this state, may maintain the books, accounts, and records of all such offices at any one of such offices, or at any other office maintained by such claimant’s representative or buyer of unclaimed property, upon the filing of a written notice with the department designating in the written notice the office at which such records are maintained. (3) A claimant’s representative or buyer of unclaimed property shall make all books, accounts, and records available at a convenient location in this state upon request of the department. HISTORY: S. 28, ch. 2001-36; s. 132, ch. 2004-390; s. 16, ch. 2005-163; s. 4, ch. 2021-144, effective June 21, 2021.

« Title XL. », « Ch. 717. •, « § 717.132. » Fla. Stat. § 717.132

§ 717.132. Enforcement; cease and desist orders; fines. (1) The department may bring an action in any court of competent jurisdiction to enforce or administer any provision of this chapter, any rule or order promulgated under this chapter, or any written agreement entered into with the department. (2) In addition to any other powers conferred upon it to enforce and administer the provisions of this chapter, the department may issue and serve upon a person an order to cease and desist and to take corrective action whenever the department finds that such person is violating, has violated, or is about to violate any provision of this chapter, any rule or order promulgated under this chapter, or any written agreement entered into with the department. For purposes of this subsection, the term “corrective action” includes refunding excessive charges, requiring a person to return unclaimed property, requiring a holder to remit unclaimed property, and requiring a holder to correct a report that contains errors or omissions. Any such order shall contain a notice of rights provided by ss. 120.569 and 120.57. (3) In addition to any other powers conferred upon it to enforce and administer the provisions of this chapter, the department or a court of competent jurisdiction may impose fines against any person found to have violated any provision of this chapter, any rule or order promulgated under this chapter, or any written agreement entered into with the department in an amount not to exceed $2,000 for each violation. All fines collected under this subsection shall be deposited as received in the Unclaimed Property Trust Fund. HISTORY: S. 33, ch. 87-105; s. 4, ch. 93-280; s. 20, ch. 96-301; s. 298, ch. 96-410; s. 29, ch. 2001-36; s. 133, ch. 2004-390; s. 17, ch. 2005-163.

« Title XL. », « Ch. 717. •, « § 717.1322. » Fla. Stat. § 717.1322

§ 717.1322. Administrative and civil enforcement. (1) The following acts are violations of this chapter and constitute grounds for an administrative enforcement action by the department in accordance with the requirements of chapter 120 and for civil enforcement by the department in a court of competent jurisdiction: (a) Failure to comply with any provision of this chapter, any rule or order adopted under this chapter, or any written agreement entered into with the department. (b) Fraud, misrepresentation, deceit, or gross negligence in any matter within the scope of this chapter. (c) Fraudulent misrepresentation, circumvention, or concealment of any matter required to be stated or furnished to an owner or apparent owner under this chapter, regardless of reliance by or damage to the owner or apparent owner. (d) Willful imposition of illegal or excessive charges in any unclaimed property transaction. (e) False, deceptive, or misleading solicitation or advertising within the scope of this chapter. (f) Failure to maintain, preserve, and keep available for examination all books, accounts, or other documents required by this chapter, by any rule or order adopted under this chapter, or by any agreement entered into with the department under this chapter. (g) Refusal to permit inspection of books and records in an investigation or examination by the department or refusal to comply with a subpoena issued by the department under this chapter. (h) Criminal conduct in the course of a person’s business. (i) Failure to timely pay any fine imposed or assessed under this chapter or any rule adopted under this chapter. (j) Requesting or receiving compensation for notifying a person of his or

her unclaimed property or assisting another person in filing a claim for unclaimed property, unless the person is an attorney licensed to practice law in this state, a Florida-certified public accountant, or a private investigator licensed under chapter 493, or entering into, or making a solicitation to enter into, an agreement to file a claim for unclaimed property owned by another, or a contract or agreement to purchase unclaimed property, unless such person is registered with the department under this chapter and an attorney licensed to practice law in this state in the regular practice of her or his profession, a Florida-certified public accountant who is acting within the scope of the practice of public accounting as defined in chapter 473, or a private investigator licensed under chapter 493. This paragraph does not apply to a person who has been granted a durable power of attorney to convey and receive all of the real and personal property of the owner, is the court-appointed guardian of the owner, has been employed as an attorney or qualified representative to contest the department’s denial of a claim, or has been employed as an attorney to probate the estate of the owner or an heir or legatee of the owner. (k) Failure to authorize the release of records in the possession of a third party after being requested to do so by the department regarding a pending examination or investigation. (l) Receipt or solicitation of consideration to be paid in advance of the approval of a claim under this chapter. (2) Upon a finding by the department that any person has committed any of the acts set forth in subsection (1), the department may enter an order: (a) Revoking for a minimum of 5 years or suspending for a maximum of 5 years a registration previously granted under this chapter during which time the registrant may not reapply for a registration under this chapter; (b) Placing a registrant or an applicant for a registration on probation for a period of time and subject to such conditions as the department may specify; (c) Placing permanent restrictions or conditions upon issuance or maintenance of a registration under this chapter; (d) Issuing a reprimand; (e) Imposing an administrative fine not to exceed $2,000 for each such act; or

(f) Prohibiting any person from being a director, officer, agent, employee, or ultimate equitable owner of a 10-percent or greater interest in an employer of a registrant. (3) A registrant is subject to civil enforcement and the disciplinary actions specified in subsection (2) for violations of subsection (1) by an agent or employee of the registrant’s employer if the registrant knew or should have known that such agent or employee was violating any provision of this chapter. (4)(a) The department shall adopt, by rule, and periodically review the disciplinary guidelines applicable to each ground for disciplinary action which may be imposed by the department under this chapter. (b) The disciplinary guidelines shall specify a meaningful range of designated penalties based upon the severity or repetition of specific offenses, or both. It is the legislative intent that minor violations be distinguished from more serious violations; that such guidelines consider the amount of the claim involved, the complexity of locating the owner, the steps taken to ensure the accuracy of the claim by the person filing the claim, the acts of commission and omission of the ultimate owners in establishing themselves as rightful owners of the funds, the acts of commission or omission of the agent or employee of an employer in the filing of the claim, the actual knowledge of the agent, employee, employer, or owner in the filing of the claim, the departure, if any, by the agent or employee from the internal controls and procedures established by the employer with regard to the filing of a claim, the number of defective claims previously filed by the agent, employee, employer, or owner; that such guidelines provide reasonable and meaningful notice of likely penalties that may be imposed for proscribed conduct; and that such penalties be consistently applied by the department. (c) A specific finding of mitigating or aggravating circumstances shall allow the department to impose a penalty other than that provided for in such guidelines. The department shall adopt by rule disciplinary guidelines to designate possible mitigating and aggravating circumstances and the variation and range of penalties permitted for such circumstances. Such mitigating and aggravating circumstances shall also provide for consideration of, and be consistent with, the legislative intent expressed in paragraph (b). (d) In any proceeding brought under this chapter, the administrative law

judge, in recommending penalties in any recommended order, shall follow the penalty guidelines established by the department and shall state in writing any mitigating or aggravating circumstances upon which the recommended penalty is based. (5) The department may seek any appropriate civil legal remedy available to it by filing a civil action in a court of competent jurisdiction against any person who has, directly or through a claimant’s representative, wrongfully submitted a claim as the ultimate owner of property and improperly received funds from the department in violation of this chapter. HISTORY: S. 134, ch. 2004-390; s. 18, ch. 2005-163; s. 5, ch. 2021-144, effective June 21, 2021.

« Title XL. », « Ch. 717. •, « § 717.1323. » Fla. Stat. § 717.1323

§ 717.1323. Prohibited practice. A person may not knowingly enter false information onto the Internet website of the Division of Unclaimed Property. HISTORY: S. 19, ch. 2005-163; s. 41, ch. 2016-165, effective July 1, 2016.

« Title XL. », « Ch. 717. •, « § 717.133. » Fla. Stat. § 717.133

§ 717.133. Interstate agreements and cooperation; joint and reciprocal actions with other states. (1) The department may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine unclaimed property that it or another state may be entitled to subject to a claim of custody. The department may require the reporting of information needed to enable compliance with agreements made pursuant to this section and prescribe the form. (2) The department may join with other states to seek enforcement of this chapter against any person. (3) At the request of another state, the department may bring an action in the name of the other state in any court of competent jurisdiction to enforce the unclaimed property laws of the other state against a holder in this state of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred in bringing the action. (4) The department may request that the attorney general of another state or any other person bring an action in the name of the department in the other state. The department may pay all expenses including attorneys’ fees in any action under this subsection. (5) As necessary for proper administration of this chapter, the department may enter into contracts for the location or collection of property subject to payment or delivery to the department under this chapter. HISTORY: S. 34, ch. 87-105.

« Title XL. », « Ch. 717. •, « § 717.1331. » Fla. Stat. § 717.1331

§ 717.1331. Actions against holders. The department may initiate, or cause to be initiated, an action against a holder to enforce a subpoena or recover unclaimed property. If the department prevails in a civil or administrative action to enforce a subpoena or recover unclaimed property initiated by or on behalf of the department, the holder shall be ordered to pay the department reasonable costs and attorney’s fees. HISTORY: S. 135, ch. 2004-390; s. 20, ch. 2005-163.

« Title XL. », « Ch. 717. •, « § 717.1333. » Fla. Stat. § 717.1333

§ 717.1333. Evidence; estimations; audit reports, examiner’s worksheets, investigative reports, other related documents. (1) In any proceeding involving a holder under ss. 120.569 and 120.57 in which an auditor, examiner, or investigator acting under authority of this chapter is available for cross-examination, any official written report, worksheet, or other related paper, or copy thereof, compiled, prepared, drafted, or otherwise made or received by the auditor, examiner, or investigator, after being duly authenticated by the auditor, examiner, or investigator, may be admitted as competent evidence upon the oath of the auditor, examiner, or investigator that the report, worksheet, or related paper was prepared or received as a result of an audit, examination, or investigation of the books and records of the person audited, examined, or investigated, or the agent thereof. (2) If the records of the holder that are available for the periods subject to this chapter are insufficient to permit the preparation of a report of the unclaimed property due and owing by a holder, or if the holder fails to provide records after being requested to do so, the amount due to the department may be reasonably estimated. HISTORY: S. 136, ch. 2004-390; s. 21, ch. 2005-163; s. 6, ch. 2016-90, effective July 1, 2016.

« Title XL. », « Ch. 717. •, « § 717.134. » Fla. Stat. § 717.134

§ 717.134. Penalties and interest. (1) The department may impose and collect a penalty of $500 per day up to a maximum of $5,000 and 25 percent of the value of property not reported until a report is rendered for any person who willfully fails to render any report required under this chapter. Upon a holder’s showing of good cause, the department may waive said penalty or any portion thereof. If the holder acted in good faith and without negligence, the department shall waive the penalty provided herein. (2) The department may impose and collect a penalty of $500 per day up to a maximum of $5,000 and 25 percent of the value of property not paid or delivered until the property is paid or delivered for any person who willfully refuses to pay or deliver abandoned property to the department as required under this chapter. (3) Any person who willfully or fraudulently conceals, destroys, damages, or makes unlawful disposition of any property or of the books, records, or accounts pertaining to property which is subject to the provisions of this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) In addition to any damages, penalties, or fines for which a person may be liable under any other provision of law, any person who fails to report or pay or deliver unclaimed property within the time prescribed by this chapter shall pay to the department interest at the rate of 12 percent per annum on such property, or value thereof, from the date such property shall have been paid or delivered. The department may waive any penalty due under this subsection with appropriate justification. (5) The department may impose and collect a penalty of $500 per day up to a maximum of $5,000 and 25 percent of the value of property willfully not reported with all of the information required by this chapter. Upon a holder’s showing of good cause, the department may waive the penalty or any portion thereof. If the holder acted in good faith and without negligence, the department shall waive the penalty provided herein.

HISTORY: S. 35, ch. 87-105; s. 21, ch. 96-301; s. 137, ch. 2004-390.

« Title XL. », « Ch. 717. •, « § 717.1341. » Fla. Stat. § 717.1341

§ 717.1341. Invalid claims, recovery of property, interest and penalties. (1)(a) No person shall receive unclaimed property that the person is not entitled to receive. Any person who receives, or assists another person to receive, unclaimed property that the person is not entitled to receive is strictly, jointly, personally, and severally liable for the unclaimed property and shall immediately return the property, or the reasonable value of the property if the property has been damaged or disposed of, to the department plus interest at the rate set in accordance with s. 55.03(1). Assisting another person to receive unclaimed property includes executing a claim form on the person’s behalf. (b)1. In the case of stocks or bonds which have been sold, the proceeds from the sale shall be returned to the department plus any dividends or interest received thereon plus an amount equal to the brokerage fee plus interest at a rate set in accordance with s. 55.03(1) on the proceeds from the sale of the stocks or bonds, the dividends or interest received, and the brokerage fee. 2. In the case of stocks or bonds which have not been sold, the stocks or bonds and any dividends or interest received thereon shall be returned to the department, together with interest on the dividends or interest received, at a rate set in accordance with s. 55.03(1) of the value of the property. (2) The department may maintain a civil or administrative action: (a) To recover unclaimed property that was paid or remitted to a person who was not entitled to the unclaimed property or to offset amounts owed to the department against amounts owed to an owner representative; (b) Against a person who assists another person in receiving, or attempting to receive, unclaimed property that the person is not entitled to receive; or (c) Against a person who attempts to receive unclaimed property that the person is not entitled to receive. (3) If the department prevails in any proceeding under subsection (2), a fine not to exceed three times the value of the property received or sought to be received may be imposed on any person who knowingly, or with

reckless disregard or deliberate ignorance of the truth, violated this section. If the department prevails in a civil or administrative proceeding under subsection (2), the person who violated subsection (1) shall be ordered to pay the department reasonable costs and attorney’s fees. (4) No person shall knowingly file, knowingly conspire to file, or knowingly assist in filing, a claim for unclaimed property the person is not entitled to receive. Any person who violates this subsection regarding unclaimed property of an aggregate value: (a) Greater than $50,000, is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; (b) Greater than $10,000 up to $50,000, is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; (c) Greater than $250 up to $10,000, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; (d) Greater than $50 up to $250, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083; or (e) Up to $50, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. HISTORY: S. 138, ch. 2004-390; s. 2, ch. 2011-169, eff. July 1, 2011.

« Title XL. », « Ch. 717. •, « § 717.135. » Fla. Stat. § 717.135

§ 717.135. Recovery agreements and purchase agreements for claims filed by a claimant’s representative; fees and costs.— (1) In order to protect the interests of owners of unclaimed property, the department shall adopt by rule a form entitled “Unclaimed Property Recovery Agreement” and a form entitled “Unclaimed Property Purchase Agreement.” (2) The Unclaimed Property Recovery Agreement and the Unclaimed Property Purchase Agreement must include and disclose all of the following: (a) The total dollar amount of unclaimed property accounts claimed or sold. (b) The total percentage of all authorized fees and costs to be paid to the claimant’s representative or the percentage of the value of the property to be paid as net gain to the purchasing claimant’s representative. (c) The total dollar amount to be deducted and received from the claimant as fees and costs by the claimant’s representative or the total net dollar amount to be received by the purchasing claimant’s representative. (d) The net dollar amount to be received by the claimant or the seller. (e) For each account claimed, the unclaimed property account number. (f) For the Unclaimed Property Purchase Agreement, a statement that the amount of the purchase price will be remitted to the seller by the purchaser within 30 days after the execution of the agreement by the seller. (g) The name, address, e-mail address, phone number, and license number of the claimant’s representative. (h)1. The manual signature of the claimant or seller and the date signed, affixed on the agreement by the claimant or seller. 2. Notwithstanding any other provision of this chapter to the contrary, the department may allow an apparent owner, who is also the claimant, to sign the agreement electronically for claims of $2,000 or less. All electronic

signatures on the Unclaimed Property Recovery Agreement and the Unclaimed Property Purchase Agreement must be affixed on the agreement by the claimant or seller using the specific, exclusive eSignature product and protocol authorized by the department. (i) The social security number or taxpayer identification number of the claimant or seller, if a number has been issued to the claimant or seller. (j) The total fees and costs, or the total discount in the case of a purchase agreement, which may not exceed 30 percent of the claimed amount. If the total fees and costs exceed 30 percent, the fees and costs shall be reduced to 30 percent and the net balance shall be remitted directly by the department to the claimant. (3) For an Unclaimed Property Purchase Agreement form, proof that the purchaser has made payment must be filed with the department along with the claim. If proof of payment is not provided, the claim is void. (4) A claimant’s representative must use the Unclaimed Property Recovery Agreement or the Unclaimed Property Purchase Agreement as the exclusive means of engaging with a claimant or seller to file a claim with the department. (5) Fees and costs may be owed or paid to, or received by, a claimant’s representative only after a filed claim has been approved and if the claimant’s representative used an agreement authorized by this section. (6) A claimant’s representative may not use or distribute any other agreement, form, or other media with respect to the claimant or seller which relates, directly or indirectly, to unclaimed property accounts held by the department or the Chief Financial Officer other than the agreements authorized by this section. Any engagement, authorization, recovery, or fee agreement that is not authorized by this section is void. A claimant’s representative is subject to administrative and civil enforcement under s. 717.1322 if he or she uses an agreement that is not authorized by this section. (7) The Unclaimed Property Recovery Agreement and the Unclaimed Property Purchase Agreement may not contain language that makes the agreement irrevocable or that creates an assignment of any portion of

unclaimed property held by the department. (8) When a claim is approved, the department may pay any additional account that is owned by the claimant but has not been claimed at the time of approval, provided that a subsequent claim has not been filed or is not pending for the claimant at the time of approval. (9) This section does not supersede s. 717.1241. HISTORY: S. 36, ch. 87-105; s. 1, ch. 91-261; s. 2, ch. 94-191; s. 22, ch. 96-301; s. 30, ch. 2001-36; s. 1889, ch. 2003-261; s. 139, ch. 2004-390; s. 22, ch. 2005-163; s. 7, ch. 2016-90, effective July 1, 2016; s. 42, ch. 2016-165, effective July 1, 2016; s. 6, ch. 2021-144, effective June 21, 2021.

« Title XL. », « Ch. 717. •, « § 717.1351. » Fla. Stat. § 717.1351

§ 717.1351. Acquisition of unclaimed property. [Repealed] HISTORY: S. 140, ch. 2004-390; s. 23, ch. 2005-163; s. 8, ch. 2016-90, effective July 1, 2016; s. 43, ch. 2016-165, effective July 1, 2016; repealed by s. 7, ch. 2021-144, effective June 21, 2021.

« Title XL. », « Ch. 717. •, « § 717.1355. » Fla. Stat. § 717.1355

§ 717.1355. Theme park and entertainment complex tickets. This chapter does not apply to any tickets for admission to a theme park or entertainment complex as defined in s. 509.013(9), or to any tickets to a permanent exhibition or recreational activity within such theme park or entertainment complex. HISTORY: S. 23, ch. 96-301.

« Title XL. », « Ch. 717. •, « § 717.136. » Fla. Stat. § 717.136

§ 717.136. Foreign transactions. This chapter does not apply to any property held, due, and owing in a foreign country and arising out of foreign transaction. HISTORY: S. 37, ch. 87-105.

« Title XL. », « Ch. 717. •, « § 717.138. » Fla. Stat. § 717.138

§ 717.138. Rulemaking authority.— The department shall administer and provide for the enforcement of this chapter. The department has authority to adopt rules pursuant to ss. 120.536 (1) and 120.54 to implement the provisions of this chapter. The department may adopt rules to allow for electronic filing of fees, forms, and reports required by this chapter. The authority to adopt rules pursuant to this chapter applies to all unclaimed property reported and remitted to the Chief Financial Officer, including, but not limited to, property reported and remitted pursuant to ss. 45.032, 732.107, 733.816, and 744.534. HISTORY: S. 39, ch. 87-105; s. 220, ch. 98-200; s. 31, ch. 2001-36; s. 1890, ch. 2003261; s. 27, ch. 2016-132, effective July 1, 2016; s. 10, ch. 2018-71, effective July 1, 2019.

« Title XL. », « Ch. 717. •, « § 717.1381. » Fla. Stat. § 717.1381

§ 717.1381. Void unclaimed property powers of attorney and purchase agreements. [Repealed] HISTORY: S. 24, ch. 2005-163; repealed by s. 9, ch. 2016-90, effective July 1, 2016.

« Title XL. », « Ch. 717. •, « § 717.1382. » Fla. Stat. § 717.1382

§

717.1382. United States escheatment; procedure.

savings

bond;

unclaimed

property;

(1) Notwithstanding any other provision of law, a United States savings bond in possession of the department or registered to a person with a last known address in the state, including a bond that is lost, stolen, or destroyed, is presumed abandoned and unclaimed 5 years after the bond reaches maturity and no longer earns interest and shall be reported and remitted to the department by the financial institution or other holder in accordance with ss. 717.117(1) and (3) and 717.119, if the department is not in possession of the bond. (2)(a) After a United States savings bond is abandoned and unclaimed in accordance with subsection (1), the department may commence a civil action in a court of competent jurisdiction in Leon County for a determination that the bond shall escheat to the state. Upon determination of escheatment, all property rights to the bond or proceeds from the bond, including all rights, powers, and privileges of survivorship of an owner, co-owner, or beneficiary, shall vest solely in the state. (b) Service of process by publication may be made on a party in a civil action pursuant to this section. A notice of action shall state the name of any known owner of the bond, the nature of the action or proceeding in short and simple terms, the name of the court in which the action or proceeding is instituted, and an abbreviated title of the case. (c) The notice of action shall require a person claiming an interest in the bond to file a written defense with the clerk of the court and serve a copy of the defense by the date fixed in the notice. The date must not be less than 28 or more than 60 days after the first publication of the notice. (d) The notice of action shall be published once a week for 4 consecutive weeks in a newspaper of general circulation published in Leon County. Proof of publication shall be placed in the court file. (e)1. If no person files a claim with the court for the bond and if the department has substantially complied with the provisions of this section, the court shall enter a default judgment that the bond, or proceeds from

such bond, has escheated to the state. 2. If a person files a claim for one or more bonds and, after notice and hearing, the court determines that the claimant is not entitled to the bonds claimed by such claimant, the court shall enter a judgment that such bonds, or proceeds from such bonds, have escheated to the state. 3. If a person files a claim for one or more bonds and, after notice and hearing, the court determines that the claimant is entitled to the bonds claimed by such claimant, the court shall enter a judgment in favor of the claimant. (3) The department may redeem a United States savings bond escheated to the state pursuant to this section or, in the event that the department is not in possession of the bond, seek to obtain the proceeds from such bond. Proceeds received by the department shall be deposited in accordance with s. 717.123. HISTORY: S. 1, ch. 2015-152, effective July 1, 2015. Editor’s Notes Section 3, ch. 2015-152, provides: “This act applies to any United States savings bond that reaches maturity on, before, or after the effective date of this act.”

« Title XL. », « Ch. 717. •, « § 717.1383. » Fla. Stat. § 717.1383

§ 717.1383. United States savings bond; claim for bond. A person claiming a United States savings bond escheated to the state under s. 717.1382, or for the proceeds from such bond, may file a claim with the department. The department may approve the claim if the person is able to provide sufficient proof of the validity of the person’s claim. Once a bond, or the proceeds from such bond, are remitted to a claimant, no action thereafter may be maintained by any other person against the department, the state, or any officer thereof, for or on account of such funds. The person’s sole remedy, if any, shall be against the claimant who received the bond or the proceeds from such bond. HISTORY: S. 2, ch. 2015-152, effective July 1, 2015. Editor’s Notes Section 3, ch. 2015-152, provides: “This act applies to any United States savings bond that reaches maturity on, before, or after the effective date of this act.”

« Title XL. », « Ch. 717. •, « § 717.139. » Fla. Stat. § 717.139

§ 717.139. Uniformity of application and construction. (1) It is the public policy of the state to protect the interests of owners of unclaimed property. It is declared to be in the best interests of owners of unclaimed property that such owners receive the full amount of any unclaimed property without any fee. (2) This chapter shall be applied and construed as to effectuate its general purpose of protecting the interest of missing owners of property, while providing that the benefit of all unclaimed and abandoned property shall go to all the people of the state, and to make uniform the law with respect to the subject of this chapter among states enacting it. HISTORY: S. 40, ch. 87-105; s. 10, ch. 2016-90, effective July 1, 2016.

« Title XL. », « Ch. 717. •, « § 717.1400. » Fla. Stat. § 717.1400

§ 717.1400. Registration. (1) In order to file claims as a claimant’s representative, acquire ownership of or entitlement to unclaimed property, receive a distribution of fees and costs from the department, and obtain unclaimed property dollar amounts and numbers of reported shares of stock held by the department, a private investigator holding a Class “C” individual license under chapter 493 must register with the department on such form as the department prescribes by rule and must be verified by the applicant. To register with the department, a private investigator must provide: (a) A legible copy of the applicant’s Class “A” business license under chapter 493 or that of the applicant’s firm or employer which holds a Class “A” business license under chapter 493. (b) A legible copy of the applicant’s Class “C” individual license issued under chapter 493. (c) The business address and telephone number of the applicant’s private investigative firm or employer. (d) The names of agents or employees, if any, who are designated to act on behalf of the private investigator, together with a legible copy of their photo identification issued by an agency of the United States, or a state, or a political subdivision thereof. (e) Sufficient information to enable the department to disburse funds by electronic funds transfer. (f) The tax identification number of the private investigator’s firm or employer which holds a Class “A” business license under chapter 493. (2) In order to file claims as a claimant’s representative, acquire ownership of or entitlement to unclaimed property, receive a distribution of fees and costs from the department, and obtain unclaimed property dollar amounts and numbers of reported shares of stock held by the department, a Florida-certified public accountant must register with the department on such form as the department prescribes by rule and must be verified by the applicant. To register with the department, a Florida-certified public

accountant must provide: (a) The applicant’s Florida Board of Accountancy number. (b) A legible copy of the applicant’s current driver license showing the full name and current address of such person. If a current driver license is not available, another form of identification showing the full name and current address of such person or persons shall be filed with the department. (c) The business address and telephone number of the applicant’s public accounting firm or employer. (d) The names of agents or employees, if any, who are designated to act on behalf of the Florida-certified public accountant, together with a legible copy of their photo identification issued by an agency of the United States, or a state, or a political subdivision thereof. (e) Sufficient information to enable the department to disburse funds by electronic funds transfer. (f) The tax identification number of the accountant’s public accounting firm employer. (3) In order to file claims as a claimant’s representative, acquire ownership of or entitlement to unclaimed property, receive a distribution of fees and costs from the department, and obtain unclaimed property dollar amounts and numbers of reported shares of stock held by the department, an attorney licensed to practice in this state must register with the department on such form as the department prescribes by rule and must be verified by the applicant. To register with the department, such attorney must provide: (a) The applicant’s Florida Bar number. (b) A legible copy of the applicant’s current driver license showing the full name and current address of such person. If a current driver license is not available, another form of identification showing the full name and current address of such person or persons shall be filed with the department. (c) The business address and telephone number of the applicant’s firm or employer. (d) The names of agents or employees, if any, who are designated to act on

behalf of the attorney, together with a legible copy of their photo identification issued by an agency of the United States, or a state, or a political subdivision thereof. (e) Sufficient information to enable the department to disburse funds by electronic funds transfer. (f) The tax identification number of the attorney’s firm or employer. (4) Information and documents already on file with the department before the effective date of this provision need not be resubmitted in order to complete the registration. (5) If a material change in the status of a registration occurs, a registrant must, within 30 days, provide the department with the updated documentation and information in writing. Material changes include, but are not limited to: a designated agent or employee ceasing to act on behalf of the designating person, a surrender, suspension, or revocation of a license, or a license renewal. (a) If a designated agent or employee ceases to act on behalf of the person who has designated the agent or employee to act on such person’s behalf, the designating person must, within 30 days, inform the Division of Unclaimed Property in writing of the termination of agency or employment. (b) If a registrant surrenders the registrant’s license or the license is suspended or revoked, the registrant must, within 30 days, inform the division in writing of the surrender, suspension, or revocation. (c) If a private investigator’s Class “C” individual license under chapter 493 or a private investigator’s employer’s Class “A” business license under chapter 493 is renewed, the private investigator must provide a copy of the renewed license to the department within 30 days after the receipt of the renewed license by the private investigator or the private investigator’s employer. (6) A registrant’s firm or employer may not have a name that might lead another person to conclude that the registrant’s firm or employer is affiliated or associated with the United States, or an agency thereof, or a state or an agency or political subdivision of a state. The department shall deny an application for registration or revoke a registration if the applicant’s or registrant’s firm or employer has a name that might lead

another person to conclude that the firm or employer is affiliated or associated with the United States, or an agency thereof, or a state or an agency or political subdivision of a state. Names that might lead another person to conclude that the firm or employer is affiliated or associated with the United States, or an agency thereof, or a state or an agency or political subdivision of a state, include, but are not limited to, the words United States, Florida, state, bureau, division, department, or government. (7) The licensing and other requirements of this section must be maintained as a condition of registration with the department. HISTORY: S. 141, ch. 2004-390; s. 133, ch. 2005-2; s. 25, ch. 2005-163; s. 11, ch. 2016-90, effective July 1, 2016; s. 44, ch. 2016-165, effective July 1, 2016.

« Title XL. », « Ch. 717. •, « § 717.1401. • Fla. Stat. § 717.1401

§ 717.1401. Repeal.— This chapter shall not repeal, but shall be additional and supplemental to the existing provisions of ss. 43.18 and 402.17 and chapter 716. HISTORY: S. 41, ch. 87-105; s. 62, ch. 92-348; s. 11, ch. 2018-71, effective July 1, 2019.

« Title XLII. » Fla. Stat. Title XLII

TITLE XLII. ESTATES AND TRUSTS. ________ « Title XLII. », • Ch. 731. » Fla. Stat. Title XLII, Ch. 731

CHAPTER 731. PROBATE CODE: GENERAL PROVISIONS. « Title XLII. », • Ch. 731. », • Pt. I. » Fla. Stat. Title XLII, Ch. 731, Pt. I

PART I. SHORT TITLE; CONSTRUCTION. « Title XLII. », • Ch. 731. », • Pt. I. », • § 731.005. » Fla. Stat. § 731.005

§ 731.005. Short title. Chapters 731-735 shall be known and may be cited as the Florida Probate Code and referred to as the “code.” HISTORY: S. 1, ch. 74-106; s. 1, ch. 75-220; s. 4, ch. 2001-226.

« Title XLII. », • Ch. 731. », • Pt. I. », « § 731.011. » Fla. Stat. § 731.011

§ 731.011. Determination of substantive rights; procedures. The code became effective on January 1, 1976. The substantive rights of all persons that vested prior to January 1, 1976, shall be determined as provided in former chapters 731-737 and 744-746. The procedures for the enforcement of vested substantive rights shall be as provided in the Florida Probate Rules. HISTORY: S. 4, ch. 74-106; ss. 2, 113, ch. 75-220; s. 5, ch. 2001-226.

« Title XLII. », • Ch. 731. », • Pt. I. », « § 731.102. » Fla. Stat. § 731.102

§ 731.102. Construction against implied repeal. This code is intended as unified coverage of its subject matter. No part of it shall be impliedly repealed by subsequent legislation if that construction can reasonably be avoided. HISTORY: S. 1, ch. 74-106; s. 2, ch. 75-220.

« Title XLII. », • Ch. 731. », • Pt. I. », « § 731.103. » Fla. Stat. § 731.103

§ 731.103. Evidence as to death or status. In proceedings under this code and under chapter 736, the following additional rules relating to determination of death and status are applicable: (1) An authenticated copy of a death certificate issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date, and time of death and the identity of the decedent. (2) A copy of any record or report of a governmental agency, domestic or foreign, that a person is alive, missing, detained, or, from the facts related, presumed dead is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report. (3) A person who is absent from the place of his or her last known domicile for a continuous period of 5 years and whose absence is not satisfactorily explained after diligent search and inquiry is presumed to be dead. The person’s death is presumed to have occurred at the end of the period unless there is evidence establishing that death occurred earlier. Evidence showing that the absent person was exposed to a specific peril of death may be a sufficient basis for the court determining at any time after such exposure that he or she died less than 5 years after the date on which his or her absence commenced. A petition for this determination shall be filed in the county in Florida where the decedent maintained his or her domicile or in any county of this state if the decedent was not a resident of Florida at the time his or her absence commenced. (4) This section does not preclude the establishment of death by direct or circumstantial evidence prior to expiration of the 5-year time period set forth in subsection (3). HISTORY: S. 1, ch. 74-106; s. 2, ch. 75-220; s. 946, ch. 97-102; s. 1, ch. 2003-154; s. 27, ch. 2006-217, eff. July 1, 2007. Editor’s notes.

Created from former s. 734.34.

« Title XLII. », • Ch. 731. », • Pt. I. », « § 731.1035. » Fla. Stat. § 731.1035

§ 731.1035. Applicable rules of evidence. In proceedings under this code, the rules of evidence in civil actions are applicable unless specifically changed by the code. HISTORY: S. 28, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », • Ch. 731. », • Pt. I. », « § 731.104. » Fla. Stat. § 731.104

§ 731.104. Verification of documents. When verification of a document is required in this code or by rule, the document filed shall include an oath or affirmation as provided in the Florida Probate Rules. Any person who willfully includes a false statement in the document shall be guilty of perjury. HISTORY: S. 1, ch. 74-106; s. 2, ch. 75-220; s. 6, ch. 2001-226.

« Title XLII. », • Ch. 731. », • Pt. I. », « § 731.105. » Fla. Stat. § 731.105

§ 731.105. In rem proceeding. Probate proceedings are in rem proceedings. HISTORY: S. 3, ch. 75-220.

« Title XLII. », • Ch. 731. », • Pt. I. », « § 731.1055. » Fla. Stat. § 731.1055

§ 731.1055. Disposition of real property. The validity and effect of a disposition, whether intestate or testate, of real property in this state shall be determined by Florida law. HISTORY: S. 1, ch. 2016-189, effective July 1, 2016.

« Title XLII. », • Ch. 731. », • Pt. I. », « § 731.106. » Fla. Stat. § 731.106

§ 731.106. Assets of nondomiciliaries. (1) A debt in favor of a nondomiciliary, other than one evidenced by investment or commercial paper or other instrument, is located in the county where the debtor resides or, if the debtor is not an individual, at the place where the debtor has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is at the time of death. (2) When a nonresident decedent, whether or not a citizen of the United States, provides by will that the testamentary disposition of tangible or intangible personal property having a situs within this state shall be construed and regulated by the laws of this state, the validity and effect of the dispositions shall be determined by Florida law. The court may, and in the case of a decedent who was at the time of death a resident of a foreign country the court shall, direct the personal representative appointed in this state to make distribution directly to those designated by the decedent’s will as beneficiaries of the tangible or intangible property or to the persons entitled to receive the decedent’s personal estate under the laws of the decedent’s domicile. HISTORY: S. 3, ch. 75-220; s. 1, ch. 77-174; s. 947, ch. 97-102; s. 7, ch. 2001-226; s. 2, ch. 2016-189, effective July 1, 2016.

« Title XLII. », • Ch. 731. », • Pt. I. », « § 731.1065. » Fla. Stat. § 731.1065

§ 731.1065. Precious metals.— (1) For the purposes of the code, precious metals in any tangible form, such as bullion or coins kept and acquired for their historical, artistic, collectable, or investment value apart from their normal use as legal tender for payment, are tangible personal property. (2) This section is intended to clarify existing law and applies retroactively to all written instruments executed before, on, or after July 1, 2020, as well as all proceedings pending or commenced before, on, or after July 1, 2020, in which the disposition of precious metals in any tangible form has not been finally determined. History. S. 1, ch. 2020-67, effective July 1, 2020.

« Title XLII. », • Ch. 731. », • Pt. I. », « § 731.109. » Fla. Stat. § 731.109

§ 731.109. Seal of the court. For the purposes of this code, the seal of the clerk of the circuit court is the seal of the court. HISTORY: S. 3, ch. 75-220.

« Title XLII. », • Ch. 731. », • Pt. I. », « § 731.110. » Fla. Stat. § 731.110

§ 731.110. Caveat; proceedings. (1) Any interested person who is apprehensive that an estate, either testate or intestate, will be administered or that a will may be admitted to probate without that person’s knowledge may file a caveat with the court. The caveat of the interested person, other than a creditor, may be filed before or after the death of the person for whom the estate will be, or is being, administered. The caveat of a creditor may be filed only after the person’s death. (2) If the caveator is a nonresident and is not represented by an attorney admitted to practice in this state who has signed the caveat, the caveator must designate some person residing in the county in which the caveat is filed as the agent of the caveator, upon whom service may be made; however, if the caveator is represented by an attorney admitted to practice in this state who has signed the caveat, it is not necessary to designate a resident agent. (3) If a caveat has been filed by an interested person other than a creditor, the court may not admit a will of the decedent to probate or appoint a personal representative until formal notice of the petition for administration has been served on the caveator or the caveator’s designated agent and the caveator has had the opportunity to participate in proceedings on the petition, as provided by the Florida Probate Rules. This subsection does not require a caveator to be served with formal notice of its own petition for administration. (4) A caveat filed before the death of the person for whom the estate will be administered expires 2 years after filing. HISTORY: S. 3, ch. 75-220; s. 2, ch. 77-87; s. 1, ch. 85-79; s. 2, ch. 92-200; s. 948, ch. 97-102; s. 9, ch. 2001-226; s. 2, ch. 2007-74, eff. July 1, 2007; s. 3, ch. 2010132, eff. Oct. 1, 2010; s. 5, ch. 2013-172, eff. Oct. 1, 2013.

« Title XLII. », • Ch. 731. », • Pt. I. », « § 731.155. • Fla. Stat. § 731.155

§ 731.155. Applicability. This act shall take effect January 1, 2002. The substantive rights of all persons that have vested prior to January 1, 2002, shall be determined as provided in former chapters 63, 215, 409, 660, and 731-737 as they existed prior to January 1, 2002. The procedures for the enforcement of substantive rights which have vested prior to January 1, 2002, shall be as provided in this act, except that any Family Administration filed before January 1, 2002, may be completed as a Family Administration. HISTORY: S. 195, ch. 2001-226.

« Title XLII. », • Ch. 731. », « Pt. II. » Fla. Stat. Title XLII, Ch. 731, Pt. II

PART II. DEFINITIONS. « Title XLII. », • Ch. 731. », « Pt. II. », • § 731.201. • Fla. Stat. § 731.201

§ 731.201. General definitions. Subject to additional definitions in subsequent chapters that are applicable to specific chapters or parts, and unless the context otherwise requires, in this code, in s. 409.9101, and in chapters 736, 738, 739, and 744, the term: (1) “Authenticated,” when referring to copies of documents or judicial proceedings required to be filed with the court under this code, means a certified copy or a copy authenticated according to the Federal Rules of Civil Procedure. (2) “Beneficiary” means heir at law in an intestate estate and devisee in a testate estate. The term “beneficiary” does not apply to an heir at law or a devisee after that person’s interest in the estate has been satisfied. In the case of a devise to an existing trust or trustee, or to a trust or trustee described by will, the trustee is a beneficiary of the estate. Except as otherwise provided in this subsection, the beneficiary of the trust is not a beneficiary of the estate of which that trust or the trustee of that trust is a beneficiary. However, if each trustee is also a personal representative of the estate, each qualified beneficiary of the trust as defined in s. 736.0103 shall be regarded as a beneficiary of the estate. (3) “Child” includes a person entitled to take as a child under this code by intestate succession from the parent whose relationship is involved, and excludes any person who is only a stepchild, a foster child, a grandchild, or a more remote descendant. (4) “Claim” means a liability of the decedent, whether arising in contract, tort, or otherwise, and funeral expense. The term does not include an expense of administration or estate, inheritance, succession, or other death taxes. (5) “Clerk” means the clerk or deputy clerk of the court. (6) “Collateral heir” means an heir who is related to the decedent

through a common ancestor but who is not an ancestor or descendant of the decedent. (7) “Court” means the circuit court. (8) “Curator” means a person appointed by the court to take charge of the estate of a decedent until letters are issued. (9) “Descendant” means a person in any generational level down the applicable individual’s descending line and includes children, grandchildren, and more remote descendants. The term “descendant” is synonymous with the terms “lineal descendant” and “issue” but excludes collateral heirs. (10) “Devise,” when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will or trust. The term includes “gift,” “give,” “bequeath,” “bequest,” and “legacy.” A devise is subject to charges for debts, expenses, and taxes as provided in this code, the will, or the trust. (11) “Devisee” means a person designated in a will or trust to receive a devise. Except as otherwise provided in this subsection, in the case of a devise to an existing trust or trustee, or to a trust or trustee of a trust described by will, the trust or trustee, rather than the beneficiaries of the trust, is the devisee. However, if each trustee is also a personal representative of the estate, each qualified beneficiary of the trust as defined in s. 736.0103 shall be regarded as a devisee. (12) “Distributee” means a person who has received estate property from a personal representative or other fiduciary other than as a creditor or purchaser. A testamentary trustee is a distributee only to the extent of distributed assets or increments to them remaining in the trustee’s hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee. For purposes of this provision, “testamentary trustee” includes a trustee to whom assets are transferred by will, to the extent of the devised assets. (13) “Domicile” means a person’s usual place of dwelling and shall be synonymous with residence. (14) “Estate” means the property of a decedent that is the subject of administration.

(15) “Exempt property” means the property of a decedent’s estate which is described in s. 732.402. (16) “File” means to file with the court or clerk. (17) “Foreign personal representative” means a personal representative of another state or a foreign country. (18) “Formal notice” means a form of notice that is described in and served by a method of service provided under rule 5.040(a) of the Florida Probate Rules. (19) “Grantor” means one who creates or adds to a trust and includes “settlor” or “trustor” and a testator who creates or adds to a trust. (20) “Heirs” or “heirs at law” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. (21) “Incapacitated” means a judicial determination that a person lacks the capacity to manage at least some of the person’s property or to meet at least some of the person’s essential health and safety requirements. A minor shall be treated as being incapacitated. (22) “Informal notice” or “notice” means a method of service for pleadings or papers as provided under rule 5.040(b) of the Florida Probate Rules. (23) “Interested person” means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved. In any proceeding affecting the estate or the rights of a beneficiary in the estate, the personal representative of the estate shall be deemed to be an interested person. In any proceeding affecting the expenses of the administration and obligations of a decedent’s estate, or any claims described in s. 733.702(1), the trustee of a trust described in s. 733.707(3) is an interested person in the administration of the grantor’s estate. The term does not include a beneficiary who has received complete distribution. The meaning, as it relates to particular persons, may vary from time to time and must be determined according to the particular purpose of, and matter involved in, any proceedings. (24) “Letters” means authority granted by the court to the personal

representative to act on behalf of the estate of the decedent and refers to what has been known as letters testamentary and letters of administration. All letters shall be designated “letters of administration.” (25) “Minor” means a person under 18 years of age whose disabilities have not been removed by marriage or otherwise. (26) “Other state” means any state of the United States other than Florida and includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. (27) “Parent” excludes any person who is only a stepparent, foster parent, or grandparent. (28) “Personal representative” means the fiduciary appointed by the court to administer the estate and refers to what has been known as an administrator, administrator cum testamento annexo, administrator de bonis non, ancillary administrator, ancillary executor, or executor. (29) “Petition” means a written request to the court for an order. (30) “Power of appointment” means an authority, other than as an incident of the beneficial ownership of property, to designate recipients of beneficial interests in property. (31) “Probate of will” means all steps necessary to establish the validity of a will and to admit a will to probate. (32) “Property” means both real and personal property or any interest in it and anything that may be the subject of ownership, including causes of action of the estate and causes of action the decedent had at the time of death. (33) “Protected homestead” means the property described in s. 4(a)(1), Art. X of the State Constitution on which at the death of the owner the exemption inures to the owner’s surviving spouse or heirs under s. 4(b), Art. X of the State Constitution. For purposes of the code, real property owned in tenancy by the entireties or in joint tenancy with rights of survivorship is not protected homestead. (34) “Residence” means a person’s place of dwelling.

(35) “Residuary devise” means a devise of the assets of the estate which remain after the provision for any devise which is to be satisfied by reference to a specific property or type of property, fund, sum, or statutory amount. If the will contains no devise which is to be satisfied by reference to a specific property or type of property, fund, sum, or statutory amount, “residuary devise” or “residue” means a devise of all assets remaining after satisfying the obligations of the estate. (36) “Security” means a security as defined in s. 517.021. (37) “Security interest” means a security interest as defined in s. 671.201. (38) “Trust” means an express trust, private or charitable, with additions to it, wherever and however created. It also includes a trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust. “Trust” excludes other constructive trusts, and it excludes resulting trusts; conservatorships; custodial arrangements pursuant to the Florida Uniform Transfers to Minors Act; business trusts providing for certificates to be issued to beneficiaries; common trust funds; land trusts under s. 689.071, except to the extent provided in s. 689.071(7); trusts created by the form of the account or by the deposit agreement at a financial institution; voting trusts; security arrangements; liquidation trusts; trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind; and any arrangement under which a person is nominee or escrowee for another. (39) “Trustee” includes an original, additional, surviving, or successor trustee, whether or not appointed or confirmed by court. (40) “Will” means a testamentary instrument, including a codicil, executed by a person in the manner prescribed by this code, which disposes of the person’s property on or after his or her death and includes an instrument which merely appoints a personal representative or guardian or revokes or revises another will. The term includes an electronic will as defined in s. 732.521. HISTORY: S. 1, ch. 74-106; s. 4, ch. 75-220; s. 1, ch. 77-174; s. 2, ch. 85-79; s. 66, ch.

87-226; s. 1, ch. 88-340; s. 7, ch. 93-257; s. 6, ch. 95-401; s. 949, ch. 97-102; s. 52, ch. 98-421; s. 11, ch. 2001-226; s. 106, ch. 2002-1; s. 2, ch. 2003-154; s. 2, ch. 2005-108; s. 29, ch. 2006-217, eff. July 1, 2007; s. 3, ch. 2007-74, eff. July 1, 2007; s. 1, ch. 2009-115, eff. July 1, 2009; s. 4, ch. 2010-132, eff. Oct. 1, 2010; s. 1, ch. 2012-109, eff. July 1, 2012; s. 16, ch. 2013-172, eff. Oct. 1, 2013; s. 30, ch. 2019-71, effective January 1, 2020; s. 2, ch. 2020-67, effective October 1, 2020. Editor’s notes. Created from former s. 731.03. The introductory language of s. 1, ch. 2012-109, provides: “Effective July 1, 2012, and applicable to proceedings pending before or commenced on or after July 1, 2012, subsection (33) of section 731.201, Florida Statutes, is amended to read.”

« Title XLII. », • Ch. 731. », « Pt. III. • Fla. Stat. Title XLII, Ch. 731, Pt. III

PART III. NOTICE AND REPRESENTATION. « Title XLII. », • Ch. 731. », « Pt. III. •, • § 731.301. » Fla. Stat. § 731.301

§ 731.301. Notice. (1) If notice to an interested person of a petition or other proceeding is required, the notice shall be given to the interested person or that person’s attorney as provided in the code or the Florida Probate Rules. (2) In a probate proceeding, formal notice to a person is sufficient notice for the court to exercise its in rem jurisdiction over the person’s interest in the estate property or in the decedent’s protected homestead. The court does not acquire personal jurisdiction over a person by service of formal notice. (3) Persons given proper notice of a proceeding are bound by all orders entered in that proceeding. HISTORY: S. 1, ch. 74-106; s. 5, ch. 75-220; s. 3, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 93-257; s. 64, ch. 95-211; s. 950, ch. 97-102; s. 12, ch. 2001-226; s. 5, ch. 2010-132, eff. Oct. 1, 2010; s. 3, ch. 2020-67, effective October 1, 2020. Editor’s notes. Created from former s. 732.28.

« Title XLII. », • Ch. 731. », « Pt. III. •, « § 731.302. » Fla. Stat. § 731.302

§ 731.302. Waiver and consent by interested person. Subsequent to the filing of a petition for administration, an interested person, including a guardian ad litem, administrator ad litem, guardian of the property, personal representative, trustee, or other fiduciary, or a sole holder or all coholders of a power of revocation or a power of appointment, may waive, to the extent of that person’s interest or the interest which that person represents, subject to the provisions of ss. 731.303 and 733.604, any right or notice or the filing of any document, exhibit, or schedule required to be filed and may consent to any action or proceeding which may be required or permitted by this code. HISTORY: S. 1, ch. 74-106; s. 6, ch. 75-220; s. 4, ch. 77-87; s. 267, ch. 79-400; s. 3, ch. 84-106; s. 25, ch. 2003-154. Editor’s notes. Section 25, ch. 2003-154 reenacted 731.302 without change to incorporate amendments to statutory sections referenced therein. Created from former s. 732.28.

« Title XLII. », • Ch. 731. », « Pt. III. •, « § 731.303. » Fla. Stat. § 731.303

§ 731.303. Representation. In the administration of or in judicial proceedings involving estates of decedents, the following apply: (1) Persons are bound by orders binding others in the following cases: (a)1. Orders binding the sole holder or all coholders of a power of revocation or a general, special, or limited power of appointment, including one in the form of a power of amendment or revocation to the extent that the power has not become unexercisable in fact, bind all persons to the extent that their interests, as persons who may take by virtue of the exercise or nonexercise of the power, are subject to the power. 2. Subparagraph 1. does not apply to: a. Any matter determined by the court to involve fraud or bad faith by the trustee; b. A power of a trustee to distribute trust property; or c. A power of appointment held by a person while the person is the sole trustee. (b) To the extent there is no conflict of interest between them or among the persons represented: 1. Orders binding a guardian of the property bind the ward. 2. Orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will, in establishing or adding to a trust, in reviewing the acts or accounts of a prior fiduciary, and in proceedings involving creditors or other third parties. However, for purposes of this section, a conflict of interest shall be deemed to exist when each trustee of a trust that is a beneficiary of the estate is also a personal representative of the estate. 3. Orders binding a personal representative bind persons interested in the undistributed assets of a decedent’s estate, in actions or proceedings by or against the estate. (c) An unborn or unascertained person, or a minor or any other person

under a legal disability, who is not otherwise represented is bound by an order to the extent that person’s interest is represented by another party having the same or greater quality of interest in the proceeding. (2) Orders binding a guardian of the person shall not bind the ward. (3) In proceedings involving the administration of estates, notice is required as follows: (a) Notice as prescribed by law shall be given to every interested person, or to one who can bind the interested person as described in paragraph (1)(a) or paragraph (1)(b). Notice may be given both to the interested person and to another who can bind him or her. (b) Notice is given to unborn or unascertained persons who are not represented pursuant to paragraph (1)(a) or paragraph (1)(b) by giving notice to all known persons whose interests in the proceedings are the same as, or of a greater quality than, those of the unborn or unascertained persons. (4) If the court determines that representation of the interest would otherwise be inadequate, the court may, at any time, appoint a guardian ad litem to represent the interests of an incapacitated person, an unborn or unascertained person, a minor or any other person otherwise under a legal disability, or a person whose identity or address is unknown. If not precluded by conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. (5) The holder of a power of appointment over property not held in trust may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power. Representation under this subsection does not apply to: (a) Any matter determined by the court to involve fraud or bad faith by the trustee; (b) A power of a trustee to distribute trust property; or (c) A power of appointment held by a person while the person is the sole trustee. HISTORY: S. 1, ch. 74-106; s. 7, ch. 75-220; s. 5, ch. 77-87; s. 1, ch. 77-174; s. 1, ch.

88-217; s. 3, ch. 92-200; s. 951, ch. 97-102; s. 13, ch. 2001-226; s. 3, ch. 2002-82; s. 3, ch. 2003-154; s. 30, ch. 2006-217, eff. July 1, 2007; s. 9, ch. 2007-153, eff. July 1, 2007.

« Title XLII. », • Ch. 731. », « Pt. III. •, « § 731.401. • Fla. Stat. § 731.401

§ 731.401. Arbitration of disputes. (1) A provision in a will or trust requiring the arbitration of disputes, other than disputes of the validity of all or a part of a will or trust, between or among the beneficiaries and a fiduciary under the will or trust, or any combination of such persons or entities, is enforceable. (2) Unless otherwise specified in the will or trust, a will or trust provision requiring arbitration shall be presumed to require binding arbitration under chapter 682, the Revised Florida Arbitration Code. If an arbitration enforceable under this section is governed under chapter 682, the arbitration provision in the will or trust shall be treated as an agreement for the purposes of applying chapter 682. HISTORY: S. 4, ch. 2007-74, eff. July 1, 2007; s. 37, ch. 2013-232, eff. July 1, 2013.

« Title XLII. », « Ch. 732. » Fla. Stat. Title XLII, Ch. 732

CHAPTER 732. PROBATE CODE: INTESTATE SUCCESSION AND WILLS. « Title XLII. », « Ch. 732. », • Pt. I. » Fla. Stat. Title XLII, Ch. 732, Pt. I

PART I. INTESTATE SUCCESSION. « Title XLII. », « Ch. 732. », • Pt. I. », • § 732.101. » Fla. Stat. § 732.101

§ 732.101. Intestate estate. (1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in the following sections of this code. (2) The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property. HISTORY: S. 1, ch. 74-106; s. 8, ch. 75-220; s. 14, ch. 2001-226. Editor’s notes. Created from former s. 731.23.

« Title XLII. », « Ch. 732. », • Pt. I. », « § 732.102. » Fla. Stat. § 732.102

§ 732.102. Spouse’s share of intestate estate. The intestate share of the surviving spouse is: (1) If there is no surviving descendant of the decedent, the entire intestate estate. (2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate. (3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate. (4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate. HISTORY: S. 1, ch. 74-106; s. 8, ch. 75-220; s. 15, ch. 2001-226; s. 5, ch. 2007-74, eff. July 1, 2007; s. 2, ch. 2011-183, eff. Oct. 1, 2011. Editor’s notes. Created from former s. 731.23. Section 14, ch. 2011-183 provides: “Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law and shall apply to all proceedings pending before such date and all cases commenced on or after the effective date.” Section 2, ch. 2012-109, provides: “Notwithstanding section 2 or section 14 of chapter 2011-183, Laws of Florida, the amendments to section 732.102, Florida Statutes, made by section 2 of that act apply only to the estates of decedents dying on or after October 1, 2011.”

« Title XLII. », « Ch. 732. », • Pt. I. », « § 732.103. » Fla. Stat. § 732.103

§ 732.103. Share of other heirs. The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows: (1) To the descendants of the decedent. (2) If there is no descendant, to the decedent’s father and mother equally, or to the survivor of them. (3) If there is none of the foregoing, to the decedent’s brothers and sisters and the descendants of deceased brothers and sisters. (4) If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedent’s paternal, and the other half to the decedent’s maternal, kindred in the following order: (a) To the grandfather and grandmother equally, or to the survivor of them. (b) If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent. (c) If there is either no paternal kindred or no maternal kindred, the estate shall go to the other kindred who survive, in the order stated above. (5) If there is no kindred of either part, the whole of the property shall go to the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate. (6) If none of the foregoing, and if any of the descendants of the decedent’s great-grandparents were Holocaust victims as defined in s. 626.9543(3)(a), including such victims in countries cooperating with the discriminatory policies of Nazi Germany, then to the descendants of the great-grandparents. The court shall allow any such descendant to meet a reasonable, not unduly restrictive, standard of proof to substantiate his or her lineage. This subsection only applies to escheated property and shall cease to be effective for proceedings filed after December 31, 2004.

HISTORY: S. 1, ch. 74-106; s. 8, ch. 75-220; s. 1, ch. 77-174; s. 16, ch. 2001-226; s. 145, ch. 2004-390; s. 102, ch. 2006-1, eff. July 4, 2006; s. 6, ch. 2007-74, eff. July 1, 2007. Editor’s notes. Created from former s. 731.23.

« Title XLII. », « Ch. 732. », • Pt. I. », « § 732.104. » Fla. Stat. § 732.104

§ 732.104. Inheritance per stirpes. Descent shall be per stirpes, whether to descendants or to collateral heirs. HISTORY: S. 1, ch. 74-106; s. 9, ch. 75-220; s. 7, ch. 2007-74, eff. July 1, 2007. Editor’s notes. Created from former s. 731.25.

« Title XLII. », « Ch. 732. », • Pt. I. », « § 732.105. » Fla. Stat. § 732.105

§ 732.105. Half blood. When property descends to the collateral kindred of the intestate and part of the collateral kindred are of the whole blood to the intestate and the other part of the half blood, those of the half blood shall inherit only half as much as those of the whole blood; but if all are of the half blood they shall have whole parts. HISTORY: S. 1, ch. 74-106; s. 10, ch. 75-220. Editor’s notes. Created from former s. 731.24.

« Title XLII. », « Ch. 732. », • Pt. I. », « § 732.106. » Fla. Stat. § 732.106

§ 732.106. Afterborn heirs. Heirs of the decedent conceived before his or her death, but born thereafter, inherit intestate property as if they had been born in the decedent’s lifetime. HISTORY: S. 1, ch. 74-106; s. 10, ch. 75-220; s. 6, ch. 77-87; s. 952, ch. 97-102. Editor’s notes. Created from former s. 731.11.

« Title XLII. », « Ch. 732. », • Pt. I. », « § 732.107. » Fla. Stat. § 732.107

§ 732.107. Escheat. (1) When a person dies leaving an estate without being survived by any person entitled to a part of it, that part shall escheat to the state. (2) Property that escheats shall be sold as provided in the Florida Probate Rules and the proceeds paid to the Chief Financial Officer of the state and deposited in the State School Fund. (3) At any time within 10 years after the payment to the Chief Financial Officer, a person claiming to be entitled to the proceeds may reopen the administration to assert entitlement to the proceeds. If no claim is timely asserted, the state’s rights to the proceeds shall become absolute. (4) The Department of Legal Affairs shall represent the state in all proceedings concerning escheated estates. (5)(a) If a person entitled to the proceeds assigns the rights to receive payment to an attorney, Florida-certified public accountant, or private investigative agency which is duly licensed to do business in this state pursuant to a written agreement with that person, the Department of Financial Services is authorized to make distribution in accordance with the assignment. (b) Payments made to an attorney, Florida-certified public accountant, or private investigative agency shall be promptly deposited into a trust or escrow account which is regularly maintained by the attorney, Floridacertified public accountant, or private investigative agency in a financial institution authorized to accept such deposits and located in this state. (c) Distribution by the attorney, Florida-certified public accountant, or private investigative agency to the person entitled to the proceeds shall be made within 10 days following final credit of the deposit into the trust or escrow account at the financial institution, unless a party to the agreement protests the distribution in writing before it is made. (d) The department shall not be civilly or criminally liable for any proceeds distributed pursuant to this subsection, provided such distribution is made in good faith.

HISTORY: S. 1, ch. 74-106; s. 10, ch. 75-220; s. 4, ch. 89-291; s. 9, ch. 89-299; s. 953, ch. 97-102; s. 32, ch. 2001-36; s. 17, ch. 2001-226; s. 1896, ch. 2003-261. Editor’s notes. Created from former s. 731.33.

« Title XLII. », « Ch. 732. », • Pt. I. », « § 732.108. » Fla. Stat. § 732.108

§ 732.108. Adopted persons and persons born out of wedlock. (1) For the purpose of intestate succession by or from an adopted person, the adopted person is a descendant of the adopting parent and is one of the natural kindred of all members of the adopting parent’s family, and is not a descendant of his or her natural parents, nor is he or she one of the kindred of any member of the natural parent’s family or any prior adoptive parent’s family, except that: (a) Adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and the natural parent or the natural parent’s family. (b) Adoption of a child by a natural parent’s spouse who married the natural parent after the death of the other natural parent has no effect on the relationship between the child and the family of the deceased natural parent. (c) Adoption of a child by a close relative, as defined in s. 63.172(2), has no effect on the relationship between the child and the families of the deceased natural parents. (2) For the purpose of intestate succession in cases not covered by subsection (1), a person born out of wedlock is a descendant of his or her mother and is one of the natural kindred of all members of the mother’s family. The person is also a descendant of his or her father and is one of the natural kindred of all members of the father’s family, if: (a) The natural parents participated in a marriage ceremony before or after the birth of the person born out of wedlock, even though the attempted marriage is void. (b) The paternity of the father is established by an adjudication before or after the death of the father. Chapter 95 shall not apply in determining heirs in a probate proceeding under this paragraph. (c) The paternity of the father is acknowledged in writing by the father. HISTORY:

S. 1, ch. 74-106; s. 11, ch. 75-220; s. 7, ch. 77-87; s. 1, ch. 77-174; s. 2, ch. 87-27; s. 954, ch. 97-102; s. 8, ch. 2007-74, eff. July 1, 2007; s. 2, ch. 2009115, eff. July 1, 2009. Editor’s notes. Created from former ss. 731.29, 731.30.

« Title XLII. », « Ch. 732. », • Pt. I. », « § 732.1081. » Fla. Stat. § 732.1081

§ 732.1081. Termination of parental rights. For the purpose of intestate succession by a natural or adoptive parent, a natural or adoptive parent is barred from inheriting from or through a child if the natural or adoptive parent’s parental rights were terminated pursuant to chapter 39 prior to the death of the child, and the natural or adoptive parent shall be treated as if the parent predeceased the child. HISTORY: S. 4, ch. 2012-109, eff. July 1, 2012. Editor’s notes. The introductory language of s. 4, ch. 2012-109, provides: “Effective July 1, 2012, and applicable only to estates of persons dying on or after July 1, 2012, section 732.1081, Florida Statutes, is created to read.”

« Title XLII. », « Ch. 732. », • Pt. I. », « § 732.109. » Fla. Stat. § 732.109

§ 732.109. Debts to decedent. A debt owed to the decedent shall not be charged against the intestate share of any person except the debtor. If the debtor does not survive the decedent, the debt shall not be taken into account in computing the intestate share of the debtor’s heirs. HISTORY: S. 1, ch. 74-106; s. 11, ch. 75-220. Editor’s notes. Created from former s. 736.01.

« Title XLII. », « Ch. 732. », • Pt. I. », « § 732.1101. » Fla. Stat. § 732.1101

§ 732.1101. Aliens. Aliens shall have the same rights of inheritance as citizens. HISTORY: S. 1, ch. 74-106; s. 113, ch. 75-220; s. 955, ch. 97-102; s. 18, ch. 2001-226. Editor’s notes. Created from former s. 731.28.

« Title XLII. », « Ch. 732. », • Pt. I. », « § 732.111. • Fla. Stat. § 732.111

§ 732.111. Dower and curtesy abolished. Dower and curtesy are abolished. HISTORY: S. 1, ch. 74-106; s. 113, ch. 75-220.

« Title XLII. », « Ch. 732. », « Pt. II. » Fla. Stat. Title XLII, Ch. 732, Pt. II

PART II. ELECTIVE SHARE OF SURVIVING SPOUSE; RIGHTS IN COMMUNITY PROPERTY. « Title XLII. », « Ch. 732. », « Pt. II. », • § 732.201. » Fla. Stat. § 732.201

§ 732.201. Right to elective share. The surviving spouse of a person who dies domiciled in Florida has the right to a share of the elective estate of the decedent as provided in this part, to be designated the elective share. The election does not reduce what the spouse receives if the election were not made and the spouse is not treated as having predeceased the decedent. HISTORY: S. 1, ch. 74-106; s. 13, ch. 75-220; s. 1, ch. 99-343; s. 3, ch. 2016-189, effective July 1, 2016. Editor’s notes. Created from former s. 731.34. Section 4, ch. 2016-189, provides: “It is the intent of the Legislature that the amendment to s. 732.201, Florida Statutes, made by this act is to clarify existing law.”

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.2025. » Fla. Stat. § 732.2025

§ 732.2025. Definitions. As used in ss. 732.2025-732.2155, the term: (1) “Direct recipient” means the decedent’s probate estate and any other person who receives property included in the elective estate by transfer from the decedent, including transfers described in s. 732.2035(9), by right of survivorship, or by beneficiary designation under a governing instrument. For this purpose, a beneficiary of an insurance policy on the decedent’s life, the net cash surrender value of which is included in the elective estate, is treated as having received property included in the elective estate. In the case of property held in trust, “direct recipient” includes the trustee but excludes the beneficiaries of the trust. (2) “Elective share trust” means a trust under which: (a) The surviving spouse is entitled for life to the use of the property or to all of the income payable at least as often as annually; (b) The surviving spouse has the right under the terms of the trust or state law to require the trustee either to make the property productive or to convert it within a reasonable time; and (c) During the spouse’s life, no person other than the spouse has the power to distribute income or principal to anyone other than the spouse. As used in this subsection, the term “income” has the same meaning as that provided in s. 643(b) of the Internal Revenue Code, as amended, and regulations adopted under that section. (3) “General power of appointment” means a power of appointment under which the holder of the power, whether or not the holder has the capacity to exercise it, has the power to create a present or future interest in the holder, the holder’s estate, or the creditors of either. The term includes a power to consume or invade the principal of a trust, but only if the power is not limited by an ascertainable standard relating to the holder’s health, education, support, or maintenance. (4) “Governing instrument” means a deed; will; trust; insurance or

annuity policy; account with payable-on-death designation; security registered in beneficiary form (TOD); pension, profit-sharing, retirement, or similar benefit plan; an instrument creating or exercising a power of appointment or a power of attorney; or a dispositive, appointive, or nominative instrument of any similar type. (5) “Payor” means an insurer, business entity, employer, government, governmental agency or subdivision, or any other person, other than the decedent’s personal representative or a trustee of a trust created by the decedent, authorized or obligated by law or a governing instrument to make payments. (6) “Person” includes an individual, trust, estate, partnership, association, company, or corporation. (7) “Probate estate” means all property wherever located that is subject to estate administration in any state of the United States or in the District of Columbia. (8) “Qualifying special needs trust” or “supplemental needs trust” means a trust established for an ill or disabled surviving spouse with court approval before or after a decedent’s death, if, commencing on the decedent’s death: (a) The income and principal are distributable to or for the benefit of the spouse for life in the discretion of one or more trustees less than half of whom are ineligible family trustees. For purposes of this paragraph, ineligible family trustees include the decedent’s grandparents and any descendants of the decedent’s grandparents who are not also descendants of the surviving spouse; and (b) During the spouse’s life, no person other than the spouse has the power to distribute income or principal to anyone other than the spouse. The requirement for court approval shall not apply if the aggregate value of all property in all qualifying special needs trusts for the spouse is less than $100,000. For purposes of this subsection, value is determined on the “applicable valuation date” as defined in s. 732.2095(1)(a). (9) “Revocable trust” means a trust that is includable in the elective estate under s. 732.2035(5).

(10) “Transfer in satisfaction of the elective share” means an irrevocable transfer by the decedent during life to an elective share trust. (11) “Transfer tax value” means the value the interest would have for purposes of the United States estate and gift tax laws if it passed without consideration to an unrelated person on the applicable valuation date. HISTORY: S. 2, ch. 99-343; s. 19, ch. 2001-226; s. 2, ch. 2002-82; s. 151, ch. 2004-5; s. 9, ch. 2007-74, eff. July 1, 2007; s. 3, ch. 2009-115, eff. July 1, 2009; s. 1, ch. 2017-121, effective July 1, 2017. Editor’s notes. Section 643(b) of the Internal Revenue Code, referred to in this section, is codified as 26 U.S.C.S. § 643(b).

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.2035. » Fla. Stat. § 732.2035

§ 732.2035. Property entering into elective estate. Except as provided in s. 732.2045, the elective estate consists of the sum of the values as determined under s. 732.2055 of the following property interests: (1) The decedent’s probate estate. (2) The decedent’s interest in property which constitutes the protected homestead of the decedent. (3) The decedent’s ownership interest in accounts or securities registered in “Pay On Death,” “Transfer On Death,” “In Trust For,” or co-ownership with right of survivorship form. For this purpose, “decedent’s ownership interest” means, in the case of accounts or securities held in tenancy by the entirety, one-half of the value of the account or security, and in all other cases, that portion of the accounts or securities which the decedent had, immediately before death, the right to withdraw or use without the duty to account to any person. (4) The decedent’s fractional interest in property, other than property described in subsection (3) or subsection (8), held by the decedent in joint tenancy with right of survivorship or in tenancy by the entirety. For this purpose, “decedent’s fractional interest in property” means the value of the property divided by the number of tenants. (5) That portion of property, other than property described in subsections (2) and (3), transferred by the decedent to the extent that at the time of the decedent’s death the transfer was revocable by the decedent alone or in conjunction with any other person. This subsection does not apply to a transfer that is revocable by the decedent only with the consent of all persons having a beneficial interest in the property. (6)(a) That portion of property, other than property described in subsection (2), subsection (4), subsection (5), or subsection (8), transferred by the decedent to the extent that at the time of the decedent’s death: 1. The decedent possessed the right to, or in fact enjoyed the possession or use of, the income or principal of the property; or

2. The principal of the property could, in the discretion of any person other than the spouse of the decedent, be distributed or appointed to or for the benefit of the decedent. In the application of this subsection, a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement shall be treated as a right to that portion of the income of the property necessary to equal the annuity, unitrust, or other payment. (b) The amount included under this subsection is: 1. With respect to subparagraph (a)1., the value of the portion of the property to which the decedent’s right or enjoyment related, to the extent the portion passed to or for the benefit of any person other than the decedent’s probate estate; and 2. With respect to subparagraph (a)2., the value of the portion subject to the discretion, to the extent the portion passed to or for the benefit of any person other than the decedent’s probate estate. (c) This subsection does not apply to any property if the decedent’s only interests in the property are that: 1. The property could be distributed to or for the benefit of the decedent only with the consent of all persons having a beneficial interest in the property; or 2. The income or principal of the property could be distributed to or for the benefit of the decedent only through the exercise or in default of an exercise of a general power of appointment held by any person other than the decedent; or 3. The income or principal of the property is or could be distributed in satisfaction of the decedent’s obligation of support; or 4. The decedent had a contingent right to receive principal, other than at the discretion of any person, which contingency was beyond the control of the decedent and which had not in fact occurred at the decedent’s death. (7) The decedent’s beneficial interest in the net cash surrender value immediately before death of any policy of insurance on the decedent’s life. (8) The value of amounts payable to or for the benefit of any person by

reason of surviving the decedent under any public or private pension, retirement, or deferred compensation plan, or any similar arrangement, other than benefits payable under the federal Railroad Retirement Act or the federal Social Security System. In the case of a defined contribution plan as defined in s. 414(i) of the Internal Revenue Code of 1986, as amended, this subsection shall not apply to the excess of the proceeds of any insurance policy on the decedent’s life over the net cash surrender value of the policy immediately before the decedent’s death. (9) Property that was transferred during the 1-year period preceding the decedent’s death as a result of a transfer by the decedent if the transfer was either of the following types: (a) Any property transferred as a result of the termination of a right or interest in, or power over, property that would have been included in the elective estate under subsection (5) or subsection (6) if the right, interest, or power had not terminated until the decedent’s death. (b) Any transfer of property to the extent not otherwise included in the elective estate, made to or for the benefit of any person, except: 1. Any transfer of property for medical or educational expenses to the extent it qualifies for exclusion from the United States gift tax under s. 2503(e) of the Internal Revenue Code, as amended; and 2. After the application of subparagraph 1., the first annual exclusion amount of property transferred to or for the benefit of each donee during the 1-year period, but only to the extent the transfer qualifies for exclusion from the United States gift tax under s. 2503(b) or (c) of the Internal Revenue Code, as amended. For purposes of this subparagraph, the term “annual exclusion amount” means the amount of one annual exclusion under s. 2503(b) or (c) of the Internal Revenue Code, as amended. (c) Except as provided in paragraph (d), for purposes of this subsection: 1. A “termination” with respect to a right or interest in property occurs when the decedent transfers or relinquishes the right or interest, and, with respect to a power over property, a termination occurs when the power terminates by exercise, release, lapse, default, or otherwise. 2. A distribution from a trust the income or principal of which is subject to subsection (5), subsection (6), or subsection (10) shall be treated as a transfer

of property by the decedent and not as a termination of a right or interest in, or a power over, property. (d) Notwithstanding anything in paragraph (c) to the contrary: 1. A “termination” with respect to a right or interest in property does not occur when the right or interest terminates by the terms of the governing instrument unless the termination is determined by reference to the death of the decedent and the court finds that a principal purpose for the terms of the instrument relating to the termination was avoidance of the elective share. 2. A distribution from a trust is not subject to this subsection if the distribution is required by the terms of the governing instrument unless the event triggering the distribution is determined by reference to the death of the decedent and the court finds that a principal purpose of the terms of the governing instrument relating to the distribution is avoidance of the elective share. (10) Property transferred in satisfaction of the elective share. HISTORY: S. 15, ch. 75-220; s. 3, ch. 99-343; s. 20, ch. 2001-226; s. 10, ch. 2007-74, eff. July 1, 2007; s. 2, ch. 2017-121, effective July 1, 2017. Editor’s notes. Former s. 732.206. Sections 414(i) and 2503 of the Internal Revenue Code, referred to in this section, are codified as 26 U.S.C.S. §§n 414(i) and 2503, respectively.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.2045. » Fla. Stat. § 732.2045

§ 732.2045. Exclusions and overlapping application. (1) Exclusions. — Section 732.2035 does not apply to: (a) Except as provided in s. 732.2155(4), any transfer of property by the decedent to the extent the transfer is irrevocable before the effective date of this subsection or after that date but before the date of the decedent’s marriage to the surviving spouse. (b) Any transfer of property by the decedent to the extent the decedent received adequate consideration in money or money’s worth for the transfer. (c) Any transfer of property by the decedent made with the written consent of the decedent’s spouse. For this purpose, spousal consent to split-gift treatment under the United States gift tax laws does not constitute written consent to the transfer by the decedent. (d) The proceeds of any policy of insurance on the decedent’s life in excess of the net cash surrender value of the policy whether payable to the decedent’s estate, a trust, or in any other manner. (e) Any policy of insurance on the decedent’s life maintained pursuant to a court order. (f) The decedent’s one-half of the property to which ss. 732.216-732.228, or any similar provisions of law of another state, apply and real property that is community property under the laws of the jurisdiction where it is located. (g) Property held in a qualifying special needs trust on the date of the decedent’s death. (h) Property included in the gross estate of the decedent for federal estate tax purposes solely because the decedent possessed a general power of appointment. (i) Property which constitutes the protected homestead of the decedent if the surviving spouse validly waived his or her homestead rights as provided under s. 732.702, or otherwise under applicable law, and such spouse did not receive any interest in the protected homestead upon the decedent’s death.

(2) Overlapping application. — If s. 732.2035(1) and any other subsection of s. 732.2035 apply to the same property interest, the amount included in the elective estate under other subsections is reduced by the amount included under subsection (1). In all other cases, if more than one subsection of s. 732.2035 applies to a property interest, only the subsection resulting in the largest elective estate shall apply. HISTORY: S. 4, ch. 99-343; s. 21, ch. 2001-226; s. 4, ch. 2009-115, eff. July 1, 2009; s. 3, ch. 2017-121, effective July 1, 2017.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.2055. » Fla. Stat. § 732.2055

§ 732.2055. Valuation of the elective estate. — For purposes of s. 732.2035, “value” means: (1)(a) In the case of protected homestead: 1. If the surviving spouse receives a fee simple interest, the fair market value of the protected homestead on the date of the decedent’s death. 2. If the spouse takes a life estate as provided in s. 732.401(1), or validly elects to take an undivided one-half interest as a tenant in common as provided in s. 732.401(2), one-half of the fair market value of the protected homestead on the date of the decedent’s death. 3. If the surviving spouse validly waived his or her homestead rights as provided under s. 732.702 or otherwise under applicable law, but nevertheless receives an interest in the protected homestead, other than an interest described in s. 732.401, including an interest in trust, the value of the spouse’s interest is determined as property interests that are not protected homestead. (b) For purposes of this subsection, fair market value shall be calculated by deducting from the total value of the property all mortgages, liens, and security interests to which the protected homestead is subject and for which the decedent is liable, but only to the extent that such amount is not otherwise deducted as a claim paid or payable from the elective estate. (2) In the case of any policy of insurance on the decedent’s life includable under s. 732.2035(5), (6), or (7), the net cash surrender value of the policy immediately before the decedent’s death. (3) In the case of any policy of insurance on the decedent’s life includable under s. 732.2035(9), the net cash surrender value of the policy on the date of the termination or transfer. (4) In the case of amounts includable under s. 732.2035(8), the transfer tax value of the amounts on the date of the decedent’s death. (5) In the case of other property included under s. 732.2035(9), the fair market value of the property on the date of the termination or transfer,

computed after deducting any mortgages, liens, or security interests on the property as of that date. (6) In the case of all other property, the fair market value of the property on the date of the decedent’s death, computed after deducting from the total value of the property: (a) All claims paid or payable from the elective estate; and (b) To the extent they are not deducted under paragraph (a), all mortgages, liens, or security interests on the property. HISTORY: S. 5, ch. 99-343; s. 22, ch. 2001-226; s. 4, ch. 2017-121, effective July 1, 2017.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.2065. » Fla. Stat. § 732.2065

§ 732.2065. Amount of the elective share. The elective share is an amount equal to 30 percent of the elective estate. HISTORY: S. 15, ch. 75-220; s. 1, ch. 81-27; s. 6, ch. 99-343. Editor’s notes. Former s. 732.207.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.2075. » Fla. Stat. § 732.2075

§ 732.2075. Sources from which elective share payable; abatement. (1) Unless otherwise provided in the decedent’s will or, in the absence of a provision in the decedent’s will, in a trust referred to in the decedent’s will, the following are applied first to satisfy the elective share: (a) Property interests included in the elective estate that pass or have passed to or for the benefit of the surviving spouse, including interests that are contingent upon making the election, but only to the extent that such contingent interests do not diminish other property interests that would be applied to satisfy the elective share in the absence of the contingent interests. (b) To the extent paid to or for the benefit of the surviving spouse, amounts payable under any plan or arrangement described in s. 732.2035(8). (c) To the extent paid to or for the benefit of the surviving spouse, the decedent’s one-half of any property described in s. 732.2045(1)(f). (d) To the extent paid to or for the benefit of the surviving spouse, the proceeds of any term or other policy of insurance on the decedent’s life if, at the time of decedent’s death, the policy was owned by any person other than the surviving spouse. (e) Property held for the benefit of the surviving spouse in a qualifying special needs trust. (f) Property interests that would have satisfied the elective share under any preceding paragraph of this subsection but were disclaimed. (2) If, after the application of subsection (1), the elective share is not fully satisfied, the unsatisfied balance shall be allocated entirely to one class of direct recipients of the remaining elective estate and apportioned among those recipients, and if the elective share amount is not fully satisfied, to the next class of direct recipients, in the following order of priority, until the elective share amount is satisfied: (a) Class 1. The decedent’s probate estate and revocable trusts. (b) Class 2. Recipients of property interests, other than protected charitable interests, included in the elective estate under s. 732.2035(3), (4), or (7) and,

to the extent the decedent had at the time of death the power to designate the recipient of the property, property interests, other than protected charitable interests, included under s. 732.2035(6) and (8). (c) Class 3. Recipients of all other property interests, other than protected charitable interests, included in the elective estate. For purposes of this subsection, a protected charitable interest is any interest for which a charitable deduction with respect to the transfer of the property was allowed or allowable to the decedent or the decedent’s spouse under the United States gift or income tax laws. (3) If, after the application of subsections (1) and (2), the elective share amount is not fully satisfied, the additional amount due to the surviving spouse shall be determined and satisfied as follows: (a) The remaining unsatisfied balance shall be satisfied from property described in paragraphs (1)(a) and (b) which passes or which has passed in a trust in which the surviving spouse has a beneficial interest, other than an elective share trust or a qualified special needs trust. (b) In determining the amount of the remaining unsatisfied balance, the effect, if any, of any change caused by the operation of this subsection in the value of the spouse’s beneficial interests in property described in paragraphs (1)(a) and (b) shall be taken into account, including, if necessary, further recalculations of the value of those beneficial interests. (c) If there is more than one trust to which this subsection could apply, unless otherwise provided in the decedent’s will or, in the absence of a provision in the decedent’s will, in a trust referred to in the decedent’s will, the unsatisfied balance shall be apportioned pro rata to all such trusts in proportion to the value, as determined under s. 732.2095(2)(f), of the surviving spouse’s beneficial interests in the trusts. (4) If, after the application of subsections (1), (2), and (3), the elective share is not fully satisfied, any remaining unsatisfied balance shall be satisfied from direct recipients of protected charitable lead interests, but only to the extent and at such times that contribution is permitted without disqualifying the charitable interest in that property for a deduction under the United States gift tax laws. For purposes of this subsection, a protected charitable lead interest is a protected charitable interest as defined in

subsection (2) in which one or more deductible interests in charity precede some other nondeductible interest or interests in the property. (5) The contribution required of the decedent’s probate estate and revocable trusts may be made in cash or in kind. In the application of this subsection, subsections (6) and (7) are to be applied to charge contribution for the elective share to the beneficiaries of the probate estate and revocable trusts as if all beneficiaries were taking under a common governing instrument. (6) Unless otherwise provided in the decedent’s will or, in the absence of a provision in the decedent’s will, in a trust referred to in the decedent’s will, any amount to be satisfied from the decedent’s probate estate, other than from property passing to an inter vivos trust, shall be paid from the assets of the probate estate in the order prescribed in s. 733.805. (7) Unless otherwise provided in the trust instrument or, in the decedent’s will if there is no provision in the trust instrument, any amount to be satisfied from trust property shall be paid from the assets of the trust in the order provided for claims under s. 736.05053(2) and (3). A direction in the decedent’s will is effective only for revocable trusts. HISTORY: S. 15, ch. 75-220; s. 7, ch. 99-343; s. 23, ch. 2001-226; s. 4, ch. 2002-82; s. 31, ch. 2006-217, eff. July 1, 2007; s. 11, ch. 2007-74, eff. July 1, 2007; s. 5, ch. 2009-115, eff. July 1, 2009; s. 5, ch. 2017-121, effective July 1, 2017. Editor’s notes. Former s. 732.209.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.2085. » Fla. Stat. § 732.2085

§ 732.2085. Liability of direct recipients and beneficiaries. (1) Only direct recipients of property included in the elective estate and the beneficiaries of the decedent’s probate estate or of any trust that is a direct recipient, are liable to contribute toward satisfaction of the elective share. (a) Within each of the classes described in s. 732.2075(2)(b) and (c), each direct recipient is liable in an amount equal to the value, as determined under s. 732.2055, of the proportional part of the liability for all members of the class. (b) Trust and probate estate beneficiaries who receive a distribution of principal after the decedent’s death are liable in an amount equal to the value of the principal distributed to them multiplied by the contribution percentage of the distributing trust or estate. For this purpose, “contribution percentage” means the remaining unsatisfied balance of the trust or estate at the time of the distribution divided by the value of the trust or estate as determined under s. 732.2055. “Remaining unsatisfied balance” means the amount of liability initially apportioned to the trust or estate reduced by amounts or property previously contributed by any person in satisfaction of that liability. (2) In lieu of paying the amount for which they are liable, beneficiaries who have received a distribution of property included in the elective estate and direct recipients other than the decedent’s probate estate or revocable trusts, may: (a) Contribute a proportional part of all property received; or (b) With respect to any property interest received before the date of the court’s order of contribution: 1. Contribute all of the property; or 2. If the property has been sold or exchanged prior to the date on which the spouse’s election is filed, pay an amount equal to the value of the property, less reasonable costs of sale, on the date it was sold or exchanged. In the application of paragraph (a), the “proportional part of all property

received” is determined separately for each class of priority under s. 732.2075(2). (3) If a person pays the value of the property on the date of a sale or exchange or contributes all of the property received, as provided in paragraph (2)(b): (a) No further contribution toward satisfaction of the elective share shall be required with respect to that property. However, if a person’s required contribution is not fully paid by 2 years after the date of the death of the decedent, such person must also pay interest at the statutory rate on any portion of the required contribution that remains unpaid. (b) Any unsatisfied contribution is treated as additional unsatisfied balance and reapportioned to other recipients as provided in s. 732.2075 and this section. (4) If any part of s. 732.2035 or s. 732.2075 is preempted by federal law with respect to a payment, an item of property, or any other benefit included in the elective estate, a person who, not for value, receives the payment, item of property, or any other benefit is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of that item of property or benefit, as provided in ss. 732.2035 and 732.2075, to the person who would have been entitled to it were that section or part of that section not preempted. HISTORY: S. 8, ch. 99-343; s. 24, ch. 2001-226; s. 6, ch. 2009-115, eff. July 1, 2009; s. 6, ch. 2017-121, effective July 1, 2017.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.2095. » Fla. Stat. § 732.2095

§ 732.2095. Valuation of property used to satisfy elective share. (1) Definitions. — As used in this section, the term: (a) “Applicable valuation date” means: 1. In the case of transfers in satisfaction of the elective share, the date of the decedent’s death. 2. In the case of property held in a qualifying special needs trust on the date of the decedent’s death, the date of the decedent’s death. 3. In the case of other property irrevocably transferred to or for the benefit of the surviving spouse during the decedent’s life, the date of the transfer. 4. In the case of property distributed to the surviving spouse by the personal representative, the date of distribution. 5. Except as provided in subparagraphs 1., 2., and 3., in the case of property passing in trust for the surviving spouse, the date or dates the trust is funded in satisfaction of the elective share. 6. In the case of property described in s. 732.2035(2), (3), or (4), the date of the decedent’s death. 7. In the case of proceeds of any policy of insurance payable to the surviving spouse, the date of the decedent’s death. 8. In the case of amounts payable to the surviving spouse under any plan or arrangement described in s. 732.2035(8), the date of the decedent’s death. 9. In all other cases, the date of the decedent’s death or the date the surviving spouse first comes into possession of the property, whichever occurs later. (b) “Qualifying power of appointment” means a general power of appointment that is exercisable alone and in all events by the decedent’s spouse in favor of the spouse or the spouse’s estate. For this purpose, a general power to appoint by will is a qualifying power of appointment if the power may be exercised by the spouse in favor of the spouse’s estate without the consent of any other person.

(c) “Qualifying invasion power” means a power held by the surviving spouse or the trustee of an elective share trust to invade trust principal for the health, support, and maintenance of the spouse. The power may, but need not, provide that the other resources of the spouse are to be taken into account in any exercise of the power. (2) Except as provided in this subsection, the value of property for purposes of s. 732.2075 is the fair market value of the property on the applicable valuation date. (a) If the surviving spouse has a life interest in property not in trust that entitles the spouse to the use of the property for life, including, without limitation, a life estate in protected homestead as provided in s. 732.401(1), the value of the spouse’s interest is one-half of the value of the property on the applicable valuation date. (b) If the surviving spouse elects to take an undivided one-half interest in protected homestead as a tenant in common as provided in s. 732.401(2), the value of the spouse’s interest is one-half of the value of the property on the applicable valuation date. (c) If the surviving spouse validly waived his or her homestead rights as provided in s. 732.702 or otherwise under applicable law but nevertheless receives an interest in protected homestead, other than an interest described in s. 732.401, including, without limitation, an interest in trust, the value of the spouse’s interest is determined as property interests that are not protected homestead. (d) If the surviving spouse has an interest in a trust, or portion of a trust, which meets the requirements of an elective share trust, the value of the spouse’s interest is a percentage of the value of the principal of the trust, or trust portion, on the applicable valuation date as follows: 1. One hundred percent if the trust instrument includes both a qualifying invasion power and a qualifying power of appointment. 2. Eighty percent if the trust instrument includes a qualifying invasion power but no qualifying power of appointment. 3. Fifty percent in all other cases. (e) If the surviving spouse is a beneficiary of a trust, or portion of a trust,

which meets the requirements of a qualifying special needs trust, the value of the principal of the trust, or trust portion, on the applicable valuation date. (f) If the surviving spouse has an interest in a trust that does not meet the requirements of either an elective share trust or a qualifying special needs trust, the value of the spouse’s interest is the transfer tax value of the interest on the applicable valuation date; however, the aggregate value of all of the spouse’s interests in the trust shall not exceed one-half of the value of the trust principal on the applicable valuation date. (g) In the case of any policy of insurance on the decedent’s life the proceeds of which are payable outright or to a trust described in paragraph (d), paragraph (e), or paragraph (f), the value of the policy for purposes of s. 732.2075 and paragraphs (d), (e), and (f) is the net proceeds. (h) In the case of a right to one or more payments from an annuity or under a similar contractual arrangement or under any plan or arrangement described in s. 732.2035(8), the value of the right to payments for purposes of s. 732.2075 and paragraphs (d), (e), and (f) is the transfer tax value of the right on the applicable valuation date. HISTORY: S. 9, ch. 99-343; s. 25, ch. 2001-226; s. 7, ch. 2017-121, effective July 1, 2017.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.2105. » Fla. Stat. § 732.2105

§ 732.2105. Effect of election on other interests. The elective share shall be in addition to homestead, exempt property, and allowances as provided in part IV. HISTORY: S. 15, ch. 75-220; s. 10, ch. 99-343; s. 26, ch. 2001-226. Editor’s notes. Former s. 732.208.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.2115. » Fla. Stat. § 732.2115

§ 732.2115. Protection of payors and other third parties. — Although a property interest is included in the decedent’s elective estate under s. 732.2035(3)-(9), a payor or other third party is not liable for paying, distributing, or transferring the property to a beneficiary designated in a governing instrument, or for taking any other action in good faith reliance on the validity of a governing instrument. HISTORY: S. 11, ch. 99-343; s. 8, ch. 2017-121, effective July 1, 2017.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.2125. » Fla. Stat. § 732.2125

§ 732.2125. Right of election; by whom exercisable. The right of election may be exercised: (1) By the surviving spouse. (2) With approval of the court having jurisdiction of the probate proceeding by an attorney in fact or a guardian of the property of the surviving spouse. Before approving the election, the court shall determine that the election is in the best interests of the surviving spouse during the spouse’s probable lifetime. HISTORY: S. 15, ch. 75-220; s. 12, ch. 99-343; s. 27, ch. 2001-226; s. 6, ch. 2010-132, eff. Oct. 1, 2010. Editor’s notes. Former s. 732.210.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.2135. » Fla. Stat. § 732.2135

§ 732.2135. Time of election; extensions; withdrawal. (1) Except as provided in subsection (2), the election must be filed on or before the earlier of the date that is 6 months after the date of service of a copy of the notice of administration on the surviving spouse, or an attorney in fact or guardian of the property of the surviving spouse, or the date that is 2 years after the date of the decedent’s death. (2) Within the period provided in subsection (1), or 40 days after the date of termination of any proceeding which affects the amount the spouse is entitled to receive under s. 732.2075(1), whichever is later, but no more than 2 years after the decedent’s death, the surviving spouse or an attorney in fact or guardian of the property of the surviving spouse may petition the court for an extension of time for making an election. For good cause shown, the court may extend the time for election. If the court grants the petition for an extension, the election must be filed within the time allowed by the extension. (3) The surviving spouse or an attorney in fact, guardian of the property, or personal representative of the surviving spouse may withdraw an election at any time within 8 months after the decedent’s death and before the court’s order of contribution. (4) A petition for an extension of the time for making the election or for approval to make the election shall toll the time for making the election. HISTORY: S. 15, ch. 75-220; s. 13, ch. 99-343; s. 28, ch. 2001-226; s. 4, ch. 2006-134, eff. July 1, 2006; s. 7, ch. 2009-115, eff. July 1, 2009; s. 9, ch. 2017-121, effective July 1, 2017. Editor’s notes. Former s. 732.212.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.2145. » Fla. Stat. § 732.2145

§ 732.2145. Order of contribution; personal representative’s duty to collect contribution. (1) The court shall determine the elective share and contribution. Any amount of the elective share not satisfied within 2 years of the date of death of the decedent shall bear interest at the statutory rate until fully satisfied, even if an order of contribution has not yet been entered. Contributions shall bear interest at the statutory rate beginning 90 days after the order of contribution. The order is prima facie correct in proceedings in any court or jurisdiction. (2) Except as provided in subsection (3), the personal representative shall collect contribution from the recipients of the elective estate as provided in the court’s order of contribution. (a) If property within the possession or control of the personal representative is distributable to a beneficiary or trustee who is required to contribute in satisfaction of the elective share, the personal representative shall withhold from the distribution the contribution required of the beneficiary or trustee. (b) If, after the order of contribution, the personal representative brings an action to collect contribution from property not within the personal representative’s control, the judgment shall include the personal representative’s costs and reasonable attorney’s fees. The personal representative is not required to seek collection of any portion of the elective share from property not within the personal representative’s control until after the entry of the order of contribution. (3) A personal representative who has the duty under this section of enforcing contribution may be relieved of that duty by an order of the court finding that it is impracticable to enforce contribution in view of the improbability of obtaining a judgment or the improbability of collection under any judgment that might be obtained, or otherwise. The personal representative shall not be liable for failure to attempt collection if the attempt would have been economically impracticable. (4) Nothing in this section limits the independent right of the surviving

spouse to collect the elective share as provided in the order of contribution, and that right is hereby conferred. If the surviving spouse brings an action to enforce the order, the judgment shall include the surviving spouse’s costs and reasonable attorney’s fees. HISTORY: S. 14, ch. 99-343; s. 29, ch. 2001-226; s. 10, ch. 2017-121, effective July 1, 2017.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.2151. » Fla. Stat. § 732.2151

§ 732.2151. Award of fees and costs in elective share proceedings. (1) The court may award taxable costs as in chancery actions, including attorney fees, in any proceeding under this part in which there is an objection to or dispute over: (a) The entitlement to or the amount of the elective share; (b) The property interests included in the elective estate, or its value; or (c) The satisfaction of the elective share. (2) When awarding taxable costs or attorney fees, the court may do one or more of the following: (a) Direct payment from the estate. (b) Direct payment from a party’s interest in the elective share or the elective estate. (c) Enter a judgment that can be satisfied from other property of the party. (3) In addition to any of the fees that may be awarded under subsections (1) and (2), if the personal representative does not file a petition to determine the amount of the elective share as required by the Florida Probate Rules, the electing spouse or the attorney in fact, guardian of the property, or personal representative of the electing spouse may be awarded from the estate reasonable costs, including attorney fees, incurred in connection with the preparation and filing of the petition. (4) This section applies to all proceedings commenced on or after July 1, 2017, without regard to the date of the decedent’s death. HISTORY: S. 11, ch. 2017-121, effective July 1, 2017.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.2155. » Fla. Stat. § 732.2155

§ 732.2155. Effective date; effect of prior waivers; transition rules. (1) Sections 732.201-732.2155 are effective on October 1, 1999, for all decedents dying on or after October 1, 2001. The law in effect prior to October 1, 1999, applies to decedents dying before October 1, 2001. (2) Nothing in ss. 732.201-732.2155 modifies or applies to the rights of spouses under chapter 61. (3) A waiver of elective share rights before the effective date of this section which is otherwise in compliance with the requirements of s. 732.702 is a waiver of all rights under ss. 732.201-732.2145. (4) Notwithstanding anything in s. 732.2045(1)(a) to the contrary, any trust created by the decedent before the effective date of ss. 732.201732.2145 that meets the requirements of an elective share trust is treated as if the decedent created the trust after the effective date of these sections and in satisfaction of the elective share. (5) Sections 732.201-732.2155 do not affect any interest in contracts entered into for adequate consideration in money or money’s worth before October 1, 1999, to the extent that the contract was irrevocable at all times from October 1, 1999, until the date of the decedent’s death. (6) Sections 732.201-732.2155 do not affect any interest in property held, as of the decedent’s death, in a trust, whether revocable or irrevocable, if: (a) The property was an asset of the trust at all times between October 1, 1999, and the date of the decedent’s death; (b) The decedent was not married to the decedent’s surviving spouse when the property was transferred to the trust; and (c) The property was a nonmarital asset as defined in s. 61.075 immediately prior to the decedent’s death. HISTORY: S. 15, ch. 99-343; s. 30, ch. 2001-226.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.216. » Fla. Stat. § 732.216

§ 732.216. Short title. Sections 732.216-732.228 may be cited as the “Florida Uniform Disposition of Community Property Rights at Death Act.” HISTORY: S. 4, ch. 92-200.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.217. » Fla. Stat. § 732.217

§ 732.217. Application. Sections 732.216-732.228 apply to the disposition at death of the following property acquired by a married person: (1) Personal property, wherever located, which: (a) Was acquired as, or became and remained, community property under the laws of another jurisdiction; (b) Was acquired with the rents, issues, or income of, or the proceeds from, or in exchange for, community property; or (c) Is traceable to that community property. (2) Real property, except real property held as tenants by the entirety, which is located in this state, and which: (a) Was acquired with the rents, issues, or income of, the proceeds from, or in exchange for, property acquired as, or which became and remained, community property under the laws of another jurisdiction; or (b) Is traceable to that community property. HISTORY: S. 5, ch. 92-200; s. 4, ch. 2003-154.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.218. » Fla. Stat. § 732.218

§ 732.218. Rebuttable presumptions. In determining whether ss. 732.216-732.228 apply to specific property, the following rebuttable presumptions apply: (1) Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as, or to have become and remained, property to which these sections apply. (2) Real property located in this state, other than homestead and real property held as tenants by the entirety, and personal property wherever located acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property and title to which was taken in a form which created rights of survivorship are presumed to be property to which these sections do not apply. HISTORY: S. 6, ch. 92-200; s. 31, ch. 2001-226.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.219. » Fla. Stat. § 732.219

§ 732.219. Disposition upon death. Upon the death of a married person, one-half of the property to which ss. 732.216-732.228 apply is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this state. The decedent’s one-half of that property is not in the elective estate. HISTORY: S. 7, ch. 92-200; s. 32, ch. 2001-226; s. 107, ch. 2002-1.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.221. » Fla. Stat. § 732.221

§ 732.221. Perfection of title of personal representative or beneficiary. If the title to any property to which ss. 732.216-732.228 apply is held by the surviving spouse at the time of the decedent’s death, the personal representative or a beneficiary of the decedent may institute an action to perfect title to the property. The personal representative has no duty to discover whether any property held by the surviving spouse is property to which ss. 732.216-732.228 apply, unless a written demand is made by a beneficiary within 3 months after service of a copy of the notice of administration on the beneficiary or by a creditor within 3 months after the first publication of the notice to creditors. HISTORY: S. 8, ch. 92-200; s. 33, ch. 2001-226.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.222. » Fla. Stat. § 732.222

§ 732.222. Purchaser for value or lender. (1) If a surviving spouse has apparent title to property to which ss. 732.216-732.228 apply, a purchaser for value or a lender taking a security interest in the property takes the interest in the property free of any rights of the personal representative or a beneficiary of the decedent. (2) If a personal representative or a beneficiary of the decedent has apparent title to property to which ss. 732.216-732.228 apply, a purchaser for value or a lender taking a security interest in the property takes that interest in the property free of any rights of the surviving spouse. (3) A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly. (4) The proceeds of a sale or creation of a security interest must be treated as the property transferred to the purchaser for value or a lender. HISTORY: S. 9, ch. 92-200; s. 956, ch. 97-102; s. 34, ch. 2001-226.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.223. » Fla. Stat. § 732.223

§ 732.223. Perfection of title of surviving spouse. If the title to any property to which ss. 732.216-732.228 apply was held by the decedent at the time of the decedent’s death, title of the surviving spouse may be perfected by an order of the probate court or by execution of an instrument by the personal representative or the beneficiaries of the decedent with the approval of the probate court. The probate court in which the decedent’s estate is being administered has no duty to discover whether property held by the decedent is property to which ss. 732.216-732.228 apply. The personal representative has no duty to discover whether property held by the decedent is property to which ss. 732.216-732.228 apply unless a written demand is made by the surviving spouse or the spouse’s successor in interest within 3 months after service of a copy of the notice of administration on the surviving spouse or the spouse’s successor in interest. HISTORY: S. 10, ch. 92-200; s. 957, ch. 97-102; s. 35, ch. 2001-226.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.224. » Fla. Stat. § 732.224

§ 732.224. Creditor’s rights. Sections 732.216-732.228 do not affect rights of creditors with respect to property to which ss. 732.216-732.228 apply. HISTORY: S. 11, ch. 92-200.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.225. » Fla. Stat. § 732.225

§ 732.225. Acts of married persons. Sections 732.216-732.228 do not prevent married persons from severing or altering their interests in property to which these sections apply. The reinvestment of any property to which these sections apply in real property located in this state which is or becomes homestead property creates a conclusive presumption that the spouses have agreed to terminate the community property attribute of the property reinvested. HISTORY: S. 12, ch. 92-200.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.226. » Fla. Stat. § 732.226

§ 732.226. Limitations on testamentary disposition. Sections 732.216-732.228 do not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person. HISTORY: S. 13, ch. 92-200.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.227. » Fla. Stat. § 732.227

§ 732.227. Homestead defined. For purposes of ss. 732.216-732.228, the term “homestead” refers only to property the descent and devise of which is restricted by s. 4(c), Art. X of the State Constitution. HISTORY: S. 14, ch. 92-200.

« Title XLII. », « Ch. 732. », « Pt. II. », « § 732.228. • Fla. Stat. § 732.228

§ 732.228. Uniformity of application and construction. Sections 732.216-732.228 are to be so applied and construed as to effectuate their general purpose to make uniform the law with respect to the subject of these sections among those states which enact them. HISTORY: S. 15, ch. 92-200.

« Title XLII. », « Ch. 732. », « Pt. III. » Fla. Stat. Title XLII, Ch. 732, Pt. III

PART III. PRETERMITTED SPOUSE AND CHILDREN. « Title XLII. », « Ch. 732. », « Pt. III. », • § 732.301. » Fla. Stat. § 732.301

§ 732.301. Pretermitted spouse. When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless: (1) Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement; (2) The spouse is provided for in the will; or (3) The will discloses an intention not to make provision for the spouse. The share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805. HISTORY: S. 1, ch. 74-106; s. 16, ch. 75-220; s. 9, ch. 77-87. Editor’s notes. Created from former s. 731.10.

« Title XLII. », « Ch. 732. », « Pt. III. », « § 732.302. • Fla. Stat. § 732.302

§ 732.302. Pretermitted children. When a testator omits to provide by will for any of his or her children born or adopted after making the will and the child has not received a part of the testator’s property equivalent to a child’s part by way of advancement, the child shall receive a share of the estate equal in value to that which the child would have received if the testator had died intestate, unless: (1) It appears from the will that the omission was intentional; or (2) The testator had one or more children when the will was executed and devised substantially all the estate to the other parent of the pretermitted child and that other parent survived the testator and is entitled to take under the will. The share of the estate that is assigned to the pretermitted child shall be obtained in accordance with s. 733.805. HISTORY: S. 1, ch. 74-106; s. 16, ch. 75-220; s. 958, ch. 97-102; s. 36, ch. 2001-226. Editor’s notes. Created from former s. 731.11.

« Title XLII. », « Ch. 732. », « Pt. IV. » Fla. Stat. Title XLII, Ch. 732, Pt. IV

PART IV. EXEMPT PROPERTY AND ALLOWANCES. « Title XLII. », « Ch. 732. », « Pt. IV. », • § 732.401. » Fla. Stat. § 732.401

§ 732.401. Descent of homestead. (1) If not devised as authorized by law and the constitution, the homestead shall descend in the same manner as other intestate property; but if the decedent is survived by a spouse and one or more descendants, the surviving spouse shall take a life estate in the homestead, with a vested remainder to the descendants in being at the time of the decedent’s death per stirpes. (2) In lieu of a life estate under subsection (1), the surviving spouse may elect to take an undivided one-half interest in the homestead as a tenant in common, with the remaining undivided one-half interest vesting in the decedent’s descendants in being at the time of the decedent’s death, per stirpes. (a) The right of election may be exercised: 1. By the surviving spouse; or 2. With the approval of a court having jurisdiction of the real property, by an attorney in fact or guardian of the property of the surviving spouse. Before approving the election, the court shall determine that the election is in the best interests of the surviving spouse during the spouse’s probable lifetime. (b) The election must be made within 6 months after the decedent’s death and during the surviving spouse’s lifetime. The time for making the election may not be extended except as provided in paragraph (c). (c) A petition by an attorney in fact or by a guardian of the property of the surviving spouse for approval to make the election must be filed within 6 months after the decedent’s death and during the surviving spouse’s lifetime. If the petition is timely filed, the time for making the election shall be extended for at least 30 days after the rendition of the order allowing the election.

(d) Once made, the election is irrevocable. (e) The election must be made by filing a notice of election containing the legal description of the homestead property for recording in the official record books of the county or counties where the homestead property is located. The notice must be in substantially the following form: ELECTION OF SURVIVING SPOUSE TO TAKE A ONE-HALF INTEREST OF DECEDENT’S INTEREST IN HOMESTEAD PROPERTY

STATE OF ________________ COUNTY OF ________________ 1. The decedent, ________________, died on ________. On the date of the decedent’s death, The decedent was married to ________________, who survived the decedent. 2. At the time of the decedent’s death, the decedent owned an interest in real property that the affiant believes to be homestead property described in s. 4, Article X of the State Constitution, which real property being in ________________ County, Florida, and described as: (description of homestead property). 3. Affiant elects to take one-half of decedent’s interest in the homestead as a tenant in common in lieu of a life estate. 4. If affiant is not the surviving spouse, affiant is the surviving spouse’s attorney in fact or guardian of the property, and an order has been rendered by a court having jurisdiction of the real property authorizing the undersigned to make this election. _______________ (Affiant) Sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization this ________ day of (month), (year), by (affiant) (Signature of Notary Public)

(Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification (Type of Identification Produced) (3) Unless and until an election is made under subsection (2), expenses relating to the ownership of the homestead shall be allocated between the surviving spouse, as life tenant, and the decedent’s descendants, as remaindermen, in accordance with chapter 738. If an election is made, expenses relating to the ownership of the homestead shall be allocated between the surviving spouse and the descendants as tenants in common in proportion to their respective shares, effective as of the date the election is filed for recording. (4) If the surviving spouse’s life estate created in subsection (1) is disclaimed pursuant to chapter 739, the interests of the decedent’s descendants may not be divested. (5) This section does not apply to property that the decedent owned in tenancy by the entireties or in joint tenancy with rights of survivorship. HISTORY: S. 1, ch. 74-106; s. 17, ch. 75-220; s. 37, ch. 2001-226; s. 12, ch. 2007-74, eff. July 1, 2007; s. 7, ch. 2010-132, eff. Oct. 1, 2010; s. 3, ch. 2012-109, eff. July 1, 2012; s. 4, ch. 2021-205, effective June 29, 2021. Editor’s notes. Created from former s. 731.27. The introductory language of s. 3, ch. 2012-109, provides: “Effective July 1, 2012, and applicable only to estates of persons dying on or after July 1, 2012, section 732.401, Florida Statutes, is amended to read.”

« Title XLII. », « Ch. 732. », « Pt. IV. », « § 732.4015. » Fla. Stat. § 732.4015

§ 732.4015. Devise of homestead. (1) As provided by the Florida Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or a minor child or minor children, except that the homestead may be devised to the owner’s spouse if there is no minor child or minor children. (2) For the purposes of subsection (1), the term: (a) “Owner” includes the grantor of a trust described in s. 733.707(3) that is evidenced by a written instrument which is in existence at the time of the grantor’s death as if the interest held in trust was owned by the grantor. (b) “Devise” includes a disposition by trust of that portion of the trust estate which, if titled in the name of the grantor of the trust, would be the grantor’s homestead. (3) If an interest in homestead has been devised to the surviving spouse as authorized by law and the constitution, and the surviving spouse’s interest is disclaimed, the disclaimed interest shall pass in accordance with chapter 739. HISTORY: S. 1, ch. 74-106; ss. 18, 30, ch. 75-220; s. 16, ch. 92-200; s. 959, ch. 97102; s. 38, ch. 2001-226; s. 13, ch. 2007-74, eff. July 1, 2007; s. 8, ch. 2010132, eff. Oct. 1, 2010.

« Title XLII. », « Ch. 732. », « Pt. IV. », « § 732.4017. » Fla. Stat. § 732.4017

§ 732.4017. Inter vivos transfer of homestead property. (1) If the owner of homestead property transfers an interest in that property, including a transfer in trust, with or without consideration, to one or more persons during the owner’s lifetime, the transfer is not a devise for purposes of s. 731.201(10) or s. 732.4015, and the interest transferred does not descend as provided in s. 732.401 if the transferor fails to retain a power, held in any capacity, acting alone or in conjunction with any other person, to revoke or revest that interest in the transferor. (2) As used in this section, the term “transfer in trust” refers to a trust under which the transferor of the homestead property, alone or in conjunction with another person, does not possess a right of revocation as that term is defined in s. 733.707(3)(e). A power possessed by the transferor which is exercisable during the transferor’s lifetime to alter the beneficial use and enjoyment of the interest within a class of beneficiaries identified only in the trust instrument is not a right of revocation if the power may not be exercised in favor of the transferor, the transferor’s creditors, the transferor’s estate, or the creditors of the transferor’s estate or exercised to discharge the transferor’s legal obligations. This subsection does not create an inference that a power not described in this subsection is a power to revoke or revest an interest in the transferor. (3) The transfer of an interest in homestead property described in subsection (1) may not be treated as a devise of that interest even if: (a) The transferor retains a separate legal or equitable interest in the homestead property, directly or indirectly through a trust or other arrangement such as a term of years, life estate, reversion, possibility of reverter, or fractional fee interest; (b) The interest transferred does not become a possessory interest until a date certain or upon a specified event, the occurrence or nonoccurrence of which does not constitute a power held by the transferor to revoke or revest the interest in the transferor, including, without limitation, the death of the transferor; or (c) The interest transferred is subject to divestment, expiration, or lapse

upon a date certain or upon a specified event, the occurrence or nonoccurrence of which does not constitute a power held by the transferor to revoke or revest the interest in the transferor, including, without limitation, survival of the transferor. (4) It is the intent of the Legislature that this section clarify existing law. HISTORY: S. 9, ch. 2010-132, eff. Oct. 1, 2010.

« Title XLII. », « Ch. 732. », « Pt. IV. », « § 732.402. » Fla. Stat. § 732.402

§ 732.402. Exempt property. (1) If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the children of the decedent shall have the right to a share of the estate of the decedent as provided in this section, to be designated “exempt property.” (2) Exempt property shall consist of: (a) Household furniture, furnishings, and appliances in the decedent’s usual place of abode up to a net value of $20,000 as of the date of death. (b) Two motor vehicles as defined in s. 316.003, which do not, individually as to either such motor vehicle, have a gross vehicle weight in excess of 15,000 pounds, held in the decedent’s name and regularly used by the decedent or members of the decedent’s immediate family as their personal motor vehicles. (c) All qualified tuition programs authorized by s. 529 of the Internal Revenue Code of 1986, as amended, including, but not limited to, the Florida Prepaid College Trust Fund advance payment contracts under s. 1009.98 and the Florida Prepaid College Trust Fund participation agreements under s. 1009.981. (d) All benefits paid pursuant to s. 112.1915. (3) Exempt property shall be exempt from all claims against the estate except perfected security interests thereon. (4) Exempt property shall be in addition to protected homestead, statutory entitlements, and property passing under the decedent’s will or by intestate succession. (5) Property specifically or demonstratively devised by the decedent’s will to any devisee shall not be included in exempt property. However, persons to whom property has been specifically or demonstratively devised and who would otherwise be entitled to it as exempt property under this section may have the court determine the property to be exempt from claims, except for perfected security interests thereon, after complying

with the provisions of subsection (6). (6) Persons entitled to exempt property shall be deemed to have waived their rights under this section unless a petition for determination of exempt property is filed by or on behalf of the persons entitled to the exempt property on or before the later of the date that is 4 months after the date of service of the notice of administration or the date that is 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the estate subject to this section. (7) Property determined as exempt under this section shall be excluded from the value of the estate before residuary, intestate, or pretermitted or elective shares are determined. HISTORY: S. 1, ch. 74-106; s. 19, ch. 75-220; s. 10, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 81-238; s. 3, ch. 85-79; s. 67, ch. 87-226; s. 51, ch. 98-421; s. 3, ch. 99220; s. 3, ch. 2001-180; s. 39, ch. 2001-226; s. 1036, ch. 2002-387; s. 5, ch. 2006-134, eff. July 1, 2006; s. 5, ch. 2006-303, eff. July 1, 2006; s. 8, ch. 2009-115, eff. July 1, 2009; s. 81, ch. 2016-239, effective July 1, 2016. Editor’s notes. Created from former s. 734.08. Section 8, ch. 85-79, provides in pertinent part that with respect to s. 3, ch. 85-79, “the substantive rights of all persons which have vested prior to October 1, 1985, shall be determined as provided in s. 732.402, Florida Statutes, 1983.” Section 529 of the Internal Revenue Code, referred to in this section, is codified as 26 U.S.C.S. § 529.

« Title XLII. », « Ch. 732. », « Pt. IV. », « § 732.403. • Fla. Stat. § 732.403

§ 732.403. Family allowance. In addition to protected homestead and statutory entitlements, if the decedent was domiciled in Florida at the time of death, the surviving spouse and the decedent’s lineal heirs the decedent was supporting or was obligated to support are entitled to a reasonable allowance in money out of the estate for their maintenance during administration. The court may order this allowance to be paid as a lump sum or in periodic installments. The allowance shall not exceed a total of $18,000. It shall be paid to the surviving spouse, if living, for the use of the spouse and dependent lineal heirs. If the surviving spouse is not living, it shall be paid to the lineal heirs or to the persons having their care and custody. If any lineal heir is not living with the surviving spouse, the allowance may be made partly to the lineal heir or guardian or other person having the heir’s care and custody and partly to the surviving spouse, as the needs of the dependent heir and the surviving spouse appear. The family allowance is not chargeable against any benefit or share otherwise passing to the surviving spouse or to the dependent lineal heirs, unless the will otherwise provides. The death of any person entitled to a family allowance terminates the right to that part of the allowance not paid. For purposes of this section, the term “lineal heir” or “lineal heirs” means lineal ascendants and lineal descendants of the decedent. HISTORY: S. 1, ch. 74-106; s. 19, ch. 75-220; s. 960, ch. 97-102; s. 40, ch. 2001-226. Editor’s notes. Created from former s. 733.20.

« Title XLII. », « Ch. 732. », « Pt. V. » Fla. Stat. Title XLII, Ch. 732, Pt. V

PART V. WILLS. « Title XLII. », « Ch. 732. », « Pt. V. », • § 732.501. » Fla. Stat. § 732.501

§ 732.501. Who may make a will. Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will. HISTORY: S. 1, ch. 74-106; s. 113, ch. 75-220; s. 41, ch. 2001-226. Editor’s notes. Created from former s. 731.04.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.502. » Fla. Stat. § 732.502

§ 732.502. Execution of wills. Every will must be in writing and executed as follows: (1)(a) Testator’s signature.— 1. The testator must sign the will at the end; or 2. The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction. (b) Witnesses.— The testator’s: 1. Signing, or 2. Acknowledgment: a. That he or she has previously signed the will, or b. That another person has subscribed the testator’s name to it, must be in the presence of at least two attesting witnesses. (c) Witnesses’ signatures.— The attesting witnesses must sign the will in the presence of the testator and in the presence of each other. (2) Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will. (3) Any will executed as a military testamentary instrument in accordance with 10 U.S.C. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state. (4) No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law. (5) A codicil shall be executed with the same formalities as a will. HISTORY:

S. 1, ch. 74-106; s. 21, ch. 75-220; s. 11, ch. 77-87; s. 961, ch. 97-102; s. 42, ch. 2001-226; s. 5, ch. 2003-154. Editor’s notes. Created from former s. 731.07.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.503. » Fla. Stat. § 732.503

§ 732.503. Self-proof of will. (1) A will or codicil executed in conformity with s. 732.502 may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses, made before an officer authorized to administer oaths and evidenced by the officer’s certificate attached to or following the will, in substantially the following form:

STATE OF ........ COUNTY OF I,, declare to the officer taking my acknowledgment of this instrument, and to the subscribing witnesses, that I signed this instrument as my will. We, and, have been sworn by the officer signing below, and declare to that officer on our oaths that the testator declared the instrument to be the testator’s will and signed it in our presence and that we each signed the instrument as a witness in the presence of the testator and of each other.

Acknowledged and subscribed before me by means of physical presence or online notarization by the testator, (type or print testator’s name), who is personally known to me or has produced (state type of identification—see s. 117.05(5)(b)2.) as identification, and sworn to and subscribed before me by each of the following witnesses: (type or print name of first witness)

who is personally known to me or has produced (state type of identification—see s. 117.05(5)(b)2.) as identification, by means of physical presence or online notarization; and (type or print name of second witness) who is personally known to me or has produced (state type of identification—see s. 117.05(5)(b)2.) as identification, by means of physical presence or online notarization. Subscribed by me in the presence of the testator and the subscribing witnesses, by the means specified herein, all on (date).

(Print, type, or stamp commissioned name and affix official seal) (2) A will or codicil made self-proved under former law, or executed in another state and made self-proved under the laws of that state, shall be considered as self-proved under this section. HISTORY: S. 1, ch. 74-106; s. 21, ch. 75-220; s. 12, ch. 77-87; s. 8, ch. 93-62; s. 962, ch. 97-102; s. 18, ch. 98-246; s. 43, ch. 2001-226; s. 5, ch. 2021-205, effective June 29, 2021. Editor’s notes. Created from former s. 731.071.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.504. » Fla. Stat. § 732.504

§ 732.504. Who may witness. (1) Any person competent to be a witness may act as a witness to a will. (2) A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an interested witness. HISTORY: S. 1, ch. 74-106; s. 22, ch. 75-220; s. 1, ch. 77-174; s. 268, ch. 79-400.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.505. » Fla. Stat. § 732.505

§ 732.505. Revocation by writing. A will or codicil, or any part of either, is revoked: (1) By a subsequent inconsistent will or codicil, even though the subsequent inconsistent will or codicil does not expressly revoke all previous wills or codicils, but the revocation extends only so far as the inconsistency. (2) By a subsequent will, codicil, or other writing executed with the same formalities required for the execution of wills declaring the revocation. HISTORY: S. 1, ch. 74-106; s. 23, ch. 75-220; s. 13, ch. 77-87; s. 269, ch. 79-400; s. 44, ch. 2001-226. Editor’s notes. Created from former ss. 731.12, 731.13.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.506. » Fla. Stat. § 732.506

§ 732.506. Revocation by act. — A will or codicil, other than an electronic will, is revoked by the testator, or some other person in the testator’s presence and at the testator’s direction, by burning, tearing, canceling, defacing, obliterating, or destroying it with the intent, and for the purpose, of revocation. An electronic will or codicil is revoked by the testator, or some other person in the testator’s presence and at the testator’s direction, by deleting, canceling, rendering unreadable, or obliterating the electronic will or codicil, with the intent, and for the purpose, of revocation, as proved by clear and convincing evidence. HISTORY: S. 1, ch. 74-106; s. 23, ch. 75-220; s. 963, ch. 97-102; s. 31, ch. 2019-71, effective January 1, 2020. Editor’s notes. Created from former s. 731.14.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.507. » Fla. Stat. § 732.507

§ 732.507. Effect of subsequent marriage, birth, adoption, or dissolution of marriage.— (1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall inherit as set forth in ss. 732.301 and 732.302, regardless of the prior will. (2) Any provision of a will that affects the testator’s spouse is void upon dissolution of the marriage of the testator and the spouse, whether the marriage occurred before or after the execution of such will. Upon dissolution of marriage, the will shall be construed as if the spouse died at the time of the dissolution of marriage. (a) Dissolution of marriage occurs at the time the decedent’s marriage is judicially dissolved or declared invalid by court order. (b) This subsection does not invalidate a provision of a will: 1. Executed by the testator after the dissolution of the marriage; 2. If there is a specific intention to the contrary stated in the will; or 3. If the dissolution of marriage judgment expressly provides otherwise. (3) This section applies to wills of decedents who die on or after the effective date of this section. HISTORY: S. 1, ch. 74-106; s. 113, ch. 75-220; s. 3, ch. 90-23; s. 45, ch. 2001-226; s. 14, ch. 2007-74, eff. July 1, 2007; s. 2, ch. 2021-183, effective June 29, 2021. Editor’s notes. Created from former ss. 731.10, 731.101, 731.11.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.508. » Fla. Stat. § 732.508

§ 732.508. Revival by revocation. (1) The revocation by the testator of a will that revokes a former will shall not revive the former will, even though the former will is in existence at the date of the revocation of the subsequent will. (2) The revocation of a codicil to a will does not revoke the will, and, in the absence of evidence to the contrary, it shall be presumed that in revoking the codicil the testator intended to reinstate the provisions of a will or codicil that were changed or revoked by the revoked codicil, as if the revoked codicil had never been executed. HISTORY: S. 1, ch. 74-106; s. 25, ch. 75-220. Editor’s notes. Created from former s. 731.15.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.509. » Fla. Stat. § 732.509

§ 732.509. Revocation of codicil. The revocation of a will revokes all codicils to that will. HISTORY: S. 1, ch. 74-106; s. 113, ch. 75-220. Editor’s notes. Created from former s. 731.16.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.5105. » Fla. Stat. § 732.5105

§ 732.5105. Republication of wills by codicil. The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil. HISTORY: S. 1, ch. 74-106; s. 113, ch. 75-220. Editor’s notes. Created from former s. 731.17.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.511. » Fla. Stat. § 732.511

§ 732.511. Republication of wills by reexecution. If a will has been revoked or if it is invalid for any other reason, it may be republished and made valid by its reexecution or the execution of a codicil republishing it with the formalities required by this law for the execution of wills. HISTORY: S. 1, ch. 74-106; s. 113, ch. 75-220. Editor’s notes. Created from former s. 731.18.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.512. » Fla. Stat. § 732.512

§ 732.512. Incorporation by reference. (1) A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. (2) A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator’s death. The execution or revocation of a will or trust by another person is such an event. HISTORY: S. 1, ch. 74-106; s. 27, ch. 75-220.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.513. » Fla. Stat. § 732.513

§ 732.513. Devises to trustee. (1) A valid devise may be made to the trustee of a trust that is evidenced by a written instrument in existence at the time of making the will, or by a written instrument subscribed concurrently with making of the will, if the written instrument is identified in the will. (2) The devise shall not be invalid for any or all of the following reasons: (a) Because the trust is amendable or revocable, or both, by any person. (b) Because the trust has been amended or revoked in part after execution of the will or a codicil to it. (c) Because the only res of the trust is the possible expectancy of receiving, as a named beneficiary, a devise under a will or death benefits as described in s. 733.808, and even though the testator or other person has reserved any or all rights of ownership in the death benefit policy, contract, or plan, including the right to change the beneficiary. (d) Because of any of the provisions of s. 689.075. (3) The devise shall dispose of property under the terms of the instrument that created the trust as previously or subsequently amended. (4) An entire revocation of the trust by an instrument in writing before the testator’s death shall invalidate the devise or bequest. (5) Unless the will provides otherwise, the property devised shall not be held under a testamentary trust of the testator but shall become a part of the principal of the trust to which it is devised. HISTORY: S. 1, ch. 74-106; s. 3, ch. 75-74; s. 113, ch. 75-220; s. 2, ch. 88-340; s. 46, ch. 2001-226; s. 32, ch. 2006-217, eff. July 1, 2007. Editor’s notes. Created from former s. 736.17.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.514. » Fla. Stat. § 732.514

§ 732.514. Vesting of devises. The death of the testator is the event that vests the right to devises unless the testator in the will has provided that some other event must happen before a devise vests. HISTORY: S. 1, ch. 74-106; ss. 28, 113, ch. 75-220; s. 964, ch. 97-102; s. 47, ch. 2001-226. Editor’s notes. Created from former ss. 731.21 and 733.102.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.515. » Fla. Stat. § 732.515

§ 732.515. Separate writing identifying devises of tangible property. A written statement or list referred to in the decedent’s will shall dispose of items of tangible personal property, other than property used in trade or business, not otherwise specifically disposed of by the will. To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be prepared before or after the execution of the will. It may be altered by the testator after its preparation. It may be a writing that has no significance apart from its effect upon the dispositions made by the will. If more than one otherwise effective writing exists, then, to the extent of any conflict among the writings, the provisions of the most recent writing revoke the inconsistent provisions of each prior writing. HISTORY: S. 1, ch. 74-106; s. 29, ch. 75-220; s. 48, ch. 2001-226.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.5165. » Fla. Stat. § 732.5165

§ 732.5165. Effect of fraud, duress, mistake, and undue influence. A will is void if the execution is procured by fraud, duress, mistake, or undue influence. Any part of the will is void if so procured, but the remainder of the will not so procured shall be valid if it is not invalid for other reasons. If the revocation of a will, or any part thereof, is procured by fraud, duress, mistake, or undue influence, such revocation is void. HISTORY: S. 31, ch. 75-220; s. 6, ch. 2011-183, eff. June 21, 2011. Editor’s notes. Section 14, ch. 2011-183 provides: “Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law and shall apply to all proceedings pending before such date and all cases commenced on or after the effective date.”

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.517. » Fla. Stat. § 732.517

§ 732.517. Penalty clause for contest. A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable. HISTORY: S. 1, ch. 74-106; s. 113, ch. 75-220.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.518. » Fla. Stat. § 732.518

§ 732.518. Will contests. An action to contest the validity of all or part of a will or the revocation of all or part of a will may not be commenced before the death of the testator. HISTORY: S. 17, ch. 92-200; s. 7, ch. 2011-183, eff. June 21, 2011. Editor’s notes. Section 14, ch. 2011-183 provides: “Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law and shall apply to all proceedings pending before such date and all cases commenced on or after the effective date.”

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.521. » Fla. Stat. § 732.521

§ 732.521. Definitions. As used in ss. 732.521-732.525, the term: (1) “Audio-video communication technology” has the same meaning as provided in s. 117.201. (2) “Electronic record” has the same meaning as provided in s. 668.50. (3) “Electronic signature” means an electronic mark visibly manifested in a record as a signature and executed or adopted by a person with the intent to sign the record. (4) “Electronic will” means a testamentary instrument, including a codicil, executed with an electronic signature by a person in the manner prescribed by this code, which disposes of the person’s property on or after his or her death and includes an instrument which merely appoints a personal representative or guardian or revokes or revises another will. (5) “Online notarization” has the same meaning as provided in s. 117.201. (6) “Online notary public” has the same meaning as provided in s. 117.201. (7) “Qualified custodian” means a person who meets the requirements of s. 732.524(1). (8) “Secure system” means a system that satisfies the requirements of a secure repository qualified to retain electronic journals of online notaries public in accordance with s. 117.245 and any rules established under part II of chapter 117. HISTORY: S. 32, ch. 2019-71, effective January 1, 2020; s. 6, ch. 2021-205, effective June 29, 2021.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.522. » Fla. Stat. § 732.522

§ 732.522. Method and place of execution. For purposes of the execution or filing of an electronic will, the acknowledgment of an electronic will by the testator and the affidavits of witnesses under s. 732.503, or any other instrument under the Florida Probate Code: (1) Any requirement that an instrument be signed may be satisfied by an electronic signature. (2) Any requirement that individuals sign an instrument in the presence of one another may be satisfied by witnesses being present and electronically signing by means of audio-video communication technology that meets the requirements of part II of chapter 117 and any rules adopted thereunder, if: (a) The individuals are supervised by a notary public in accordance with s. 117.285; (b) The individuals are authenticated and signing as part of an online notarization session in accordance with s. 117.265; (c) The witness hears the signer make a statement acknowledging that the signer has signed the electronic record; and (d) The signing and witnessing of the instrument complies with the requirements of s. 117.285. (3) Except as otherwise provided in this part, all questions as to the force, effect, validity, and interpretation of an electronic will which comply with this section must be determined in the same manner as in the case of a will executed in accordance with s. 732.502. (4) An instrument that is signed electronically is deemed to be executed in this state if the instrument states that the person creating the instrument intends to execute and understands that he or she is executing the instrument in, and pursuant to the laws of, this state. History.

S. 33, ch. 2019-71, effective July 1, 2020.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.523. » Fla. Stat. § 732.523

§ 732.523. Self-proof of electronic will. An electronic will is self-proved if: (1) The acknowledgment of the electronic will by the testator and the affidavits of the witnesses are made in accordance with s. 732.503 and are part of the electronic record containing the electronic will, or are attached to, or are logically associated with, the electronic will; (2) The electronic will designates a qualified custodian; (3) The electronic record that contains the electronic will is held in the custody of a qualified custodian at all times before being offered to the court for probate; and (4) The qualified custodian who has custody of the electronic will at the time of the testator’s death certifies under oath that, to the best knowledge of the qualified custodian, the electronic record that contains the electronic will was at all times before being offered to the court in the custody of a qualified custodian in compliance with s. 732.524 and that the electronic will has not been altered in any way since the date of its execution. History. S. 34, ch. 2019-71, effective January 1, 2020.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.524. » Fla. Stat. § 732.524

§ 732.524. Qualified custodians. (1) To serve as a qualified custodian of an electronic will, a person must be: (a) Domiciled in and a resident of this state; or (b) Incorporated, organized, or have its principal place of business in this state. (2) A qualified custodian shall: (a) In the course of maintaining custody of electronic wills, regularly employ a secure system and store in such secure system electronic records containing: 1. Electronic wills; 2. Records attached to or logically associated with electronic wills; and 3. Acknowledgments of the electronic wills by testators, affidavits of the witnesses, and the records described in s. 117.245(1) and (2) which pertain to the online notarization. (b) Furnish for any court hearing involving an electronic will that is currently or was previously stored by the qualified custodian any information requested by the court pertaining to the qualified custodian’s qualifications, policies, and practices related to the creation, sending, communication, receipt, maintenance, storage, and production of electronic wills. (c) Provide access to or information concerning the electronic will, or the electronic record containing the electronic will, only: 1. To the testator; 2. To persons authorized by the testator in the electronic will or in written instructions signed by the testator with the formalities required for the execution of a will in this state; 3. After the death of the testator, to the testator’s nominated personal representative; or

4. At any time, as directed by a court of competent jurisdiction. (3) The qualified custodian of the electronic record of an electronic will may elect to destroy such record, including any of the documentation required to be created and stored under paragraph (2)(a), at any time after the earlier of the fifth anniversary of the conclusion of the administration of the estate of the testator or 20 years after the death of the testator. (4) A qualified custodian who at any time maintains custody of the electronic record of an electronic will may elect to cease serving in such capacity by: (a) Delivering the electronic will or the electronic record containing the electronic will to the testator, if then living, or, after the death of the testator, by filing the will with the court in accordance with s. 732.901; and (b) If the outgoing qualified custodian intends to designate a successor qualified custodian, by doing the following: 1. Providing written notice to the testator of the name, address, and qualifications of the proposed successor qualified custodian. The testator must provide written consent before the electronic record, including the electronic will, is delivered to a successor qualified custodian; 2. Delivering the electronic record containing the electronic will to the successor qualified custodian; and 3. Delivering to the successor qualified custodian an affidavit of the outgoing qualified custodian stating that: a. The outgoing qualified custodian is eligible to act as a qualified custodian in this state; b. The outgoing qualified custodian is the qualified custodian designated by the testator in the electronic will or appointed to act in such capacity under this paragraph; c. The electronic will has at all times been in the custody of one or more qualified custodians in compliance with this section since the time the electronic record was created, and identifying such qualified custodians; and d. To the best of the outgoing qualified custodian’s knowledge, the electronic will has not been altered since the time it was created.

For purposes of making this affidavit, the outgoing qualified custodian may rely conclusively on any affidavits delivered by a predecessor qualified custodian in connection with its designation or appointment as qualified custodian; however, all such affidavits must be delivered to the successor qualified custodian. (5) Upon the request of the testator which is made in writing signed with the formalities required for the execution of a will in this state, a qualified custodian who at any time maintains custody of the electronic record of the testator’s electronic will must cease serving in such capacity and must deliver to a successor qualified custodian designated in writing by the testator the electronic record containing the electronic will and the affidavit required in subparagraph (4)(b)3. (6) A qualified custodian may not succeed to office as a qualified custodian of an electronic will unless he or she agrees in writing to serve in such capacity. (7) If a qualified custodian is an entity, an affidavit, or an appearance by the testator in the presence of a duly authorized officer or agent of such entity, acting in his or her own capacity as such, shall constitute an affidavit, or an appearance by the testator in the presence of the qualified custodian. (8) A qualified custodian must provide a paper copy of an electronic will and the electronic record containing the electronic will to the testator immediately upon request. For the first request, the testator may not be charged a fee for being provided with these documents. (9) The qualified custodian shall be liable for any damages caused by the negligent loss or destruction of the electronic record, including the electronic will, while it is in the possession of the qualified custodian. A qualified custodian may not limit liability for such damages. (10) A qualified custodian may not terminate or suspend access to, or downloads of, the electronic will by the testator, provided that a qualified custodian may charge a fee for providing such access and downloads. (11) Upon receiving information that the testator is dead, a qualified custodian must deposit the electronic will with the court in accordance with s. 732.901. A qualified custodian may not charge a fee for depositing

the electronic will with the clerk, provided the affidavit is made in accordance with s. 732.503, or furnishing in writing any information requested by a court under paragraph (2)(b). (12) Except as provided in this act, a qualified custodian must at all times keep information provided by the testator confidential and may not disclose such information to any third party. (13) A contractual venue provision between a qualified custodian and a testator is not valid or enforceable to the extent that it requires a specific jurisdiction or venue for any proceeding relating to the probate of an estate or the contest of a will. History. S. 35, ch. 2019-71, effective January 1, 2020.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.525. » Fla. Stat. § 732.525

§ 732.525. Liability coverage; receivership of qualified custodians. (1) A qualified custodian shall: (a) Post and maintain a blanket surety bond of at least $250,000 to secure the faithful performance of all duties and obligations required under this part. The bond must be made payable to the Governor and his or her successors in office for the benefit of all persons who store electronic records with a qualified custodian and their estates, beneficiaries, successors, and heirs, and be conditioned on the faithful performance of all duties and obligations under this chapter. The terms of the bond must cover the acts or omissions of the qualified custodian and each agent or employee of the qualified custodian; or (b) Maintain a liability insurance policy that covers any losses sustained by any person who stores electronic records with a qualified custodian and their estates, beneficiaries, successors, and heirs which are caused by errors or omissions by the qualified custodian and each agent or employee of the qualified custodian. The policy must cover losses of at least $250,000 in the aggregate. (2) The Attorney General may petition a court of competent jurisdiction for the appointment of a receiver to manage the electronic records of a qualified custodian for proper delivery and safekeeping if any of the following conditions exist: (a) The qualified custodian is ceasing operation; (b) The qualified custodian intends to close the facility and adequate arrangements have not been made for proper delivery of the electronic records in accordance with this part; (c) The Attorney General determines that conditions exist which present a danger that electronic records will be lost or misappropriated; or (d) The qualified custodian fails to maintain and post a surety bond or maintain insurance as required in this section. History.

S. 36, ch. 2019-71, effective January 1, 2020.

« Title XLII. », « Ch. 732. », « Pt. V. », « § 732.526. • Fla. Stat. § 732.526

§ 732.526. Probate. (1) An electronic will that is filed electronically with the clerk of the court through the Florida Courts E-Filing Portal is deemed to have been deposited with the clerk as an original of the electronic will. (2) A paper copy of an electronic will which is certified by a notary public to be a true and correct copy of the electronic will may be offered for and admitted to probate and shall constitute an original of the electronic will. History. S. 37, ch. 2019-71, effective January 1, 2020.

« Title XLII. », « Ch. 732. », « Pt. VI. » Fla. Stat. Title XLII, Ch. 732, Pt. VI

PART VI. RULES OF CONSTRUCTION. « Title XLII. », « Ch. 732. », « Pt. VI. », • § 732.6005. » Fla. Stat. § 732.6005

§ 732.6005. Rules of construction and intention. (1) The intention of the testator as expressed in the will controls the legal effect of the testator’s dispositions. The rules of construction expressed in this part shall apply unless a contrary intention is indicated by the will. (2) Subject to the foregoing, a will is construed to pass all property which the testator owns at death, including property acquired after the execution of the will. HISTORY: S. 1, ch. 74-106; ss. 33, 35, ch. 75-220; s. 965, ch. 97-102; s. 49, ch. 2001226. Editor’s notes. Created from former ss. 732.41 and 732.602.

« Title XLII. », « Ch. 732. », « Pt. VI. », « § 732.601. » Fla. Stat. § 732.601

§ 732.601. Simultaneous Death Law. Unless a contrary intention appears in the governing instrument: (1) When title to property or its devolution depends on priority of death and there is insufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if that person survived. (2) When two or more beneficiaries are designated to take successively by reason of survivorship under another person’s disposition of property and there is insufficient evidence that the beneficiaries died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal parts as there are successive beneficiaries and the parts shall be distributed to those who would have taken if each designated beneficiary had survived. (3) When there is insufficient evidence that two joint tenants or tenants by the entirety died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them so died, the property thus distributed shall be in the proportion that one bears to the number of joint tenants. (4) When the insured and the beneficiary in a policy of life or accident insurance have died and there is insufficient evidence that they died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary. HISTORY: S. 1, ch. 74-106; s. 34, ch. 75-220; s. 966, ch. 97-102; s. 50, ch. 2001-226. Editor’s notes. Created from former s. 736.05.

« Title XLII. », « Ch. 732. », « Pt. VI. », « § 732.603. » Fla. Stat. § 732.603

§ 732.603. Antilapse; deceased devisee; class gifts. (1) Unless a contrary intent appears in the will, if a devisee who is a grandparent, or a descendant of a grandparent, of the testator: (a) Is dead at the time of the execution of the will; (b) Fails to survive the testator; or (c) Is required by the will or by operation of law to be treated as having predeceased the testator, a substitute gift is created in the devisee’s surviving descendants who take per stirpes the property to which the devisee would have been entitled had the devisee survived the testator. (2) When a power of appointment is exercised by will, unless a contrary intent appears in the document creating the power of appointment or in the testator’s will, if an appointee who is a grandparent, or a descendant of a grandparent, of the donor of the power: (a) Is dead at the time of the execution of the will or the creation of the power; (b) Fails to survive the testator; or (c) Is required by the will, the document creating the power, or by operation of law to be treated as having predeceased the testator, a substitute gift is created in the appointee’s surviving descendants who take per stirpes the property to which the appointee would have been entitled had the appointee survived the testator. Unless the language creating a power of appointment expressly excludes the substitution of the descendants of an object of a power for the object, a surviving descendant of a deceased object of a power of appointment may be substituted for the object whether or not the descendant is an object of the power. (3) In the application of this section: (a) Words of survivorship in a devise or appointment to an individual, such as “if he survives me,” “if she survives me,” or to “my surviving children,”

are a sufficient indication of an intent contrary to the application of subsections (1) and (2). Words of survivorship used by the donor of the power in a power to appoint to an individual, such as the term “if he survives the donee” or “if she survives the donee,” or in a power to appoint to the donee’s “then surviving children,” are a sufficient indication of an intent contrary to the application of subsection (2). (b) The term: 1. “Appointment” includes an alternative appointment and an appointment in the form of a class gift. 2. “Appointee” includes: a. A class member if the appointment is in the form of a class gift. b. An individual or class member who was deceased at the time the testator executed his or her will as well as an individual or class member who was then living but who failed to survive the testator. 3. “Devise” also includes an alternative devise and a devise in the form of a class gift. 4. “Devisee” also includes: a. A class member if the devise is in the form of a class gift. b. An individual or class member who was deceased at the time the testator executed his or her will as well as an individual or class member who was then living but who failed to survive the testator. (4) This section applies only to outright devises and appointments. Devises and appointments in trust, including to a testamentary trust, are subject to s. 736.1106. HISTORY: S. 1, ch. 74-106; s. 36, ch. 75-220; s. 967, ch. 97-102; s. 51, ch. 2001-226; s. 6, ch. 2003-154; s. 33, ch. 2006-217, eff. July 1, 2007; s. 159, ch. 2020-2, effective May 18, 2020. Editor’s notes. Created from former s. 731.20.

« Title XLII. », « Ch. 732. », « Pt. VI. », « § 732.604. » Fla. Stat. § 732.604

§ 732.604. Failure of testamentary provision. (1) Except as provided in s. 732.603, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue. (2) Except as provided in s. 732.603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to the other residuary devisees in proportion to the interests of each in the remaining part of the residue. HISTORY: S. 1, ch. 74-106; s. 113, ch. 75-220; s. 968, ch. 97-102; s. 52, ch. 2001-226; s. 29, ch. 2003-154; s. 34, ch. 2006-217, eff. July 1, 2007. Editor’s notes. Section 29, ch. 2003-154 reenacted 732.604 without change to incorporate amendments to statutory sections referenced therein.

« Title XLII. », « Ch. 732. », « Pt. VI. », « § 732.605. » Fla. Stat. § 732.605

§ 732.605. Change in securities; accessions; nonademption. (1) If the testator intended a specific devise of certain securities rather than their equivalent value, the specific devisee is entitled only to: (a) As much of the devised securities as is a part of the estate at the time of the testator’s death. (b) Any additional or other securities of the same entity owned by the testator because of action initiated by the entity, excluding any acquired by exercise of purchase options. (c) Securities of another entity owned by the testator as a result of a merger, consolidation, reorganization, or other similar action initiated by the entity. (d) Securities of the same entity acquired as a result of a plan of reinvestment. (2) Distributions before death with respect to a specifically devised security, whether in cash or otherwise, which are not provided for in subsection (1) are not part of the specific devise. HISTORY: S. 1, ch. 74-106; s. 113, ch. 75-220; s. 53, ch. 2001-226.

« Title XLII. », « Ch. 732. », « Pt. VI. », « § 732.606. » Fla. Stat. § 732.606

§ 732.606. Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance. (1) If specifically devised property is sold by a guardian of the property or if a condemnation award or insurance proceeds are paid to a guardian of the property, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the condemnation award, or the insurance proceeds. This subsection does not apply if, subsequent to the sale, condemnation, or casualty, it is adjudicated that the disability of the testator has ceased and the testator survives the adjudication by 1 year. The right of the specific devisee under this subsection is reduced by any right described in subsection (2). (2) A specific devisee has the right to the remaining specifically devised property and: (a) Any balance of the purchase price owing from a purchaser to the testator at death because of sale of the property plus any security interest. (b) Any amount of a condemnation award for the taking of the property unpaid at death. (c) Any proceeds unpaid at death on fire or casualty insurance on the property. (d) Property owned by the testator at death as a result of foreclosure, or obtained instead of foreclosure, of the security for the specifically devised obligation. HISTORY: S. 1, ch. 74-106; s. 38, ch. 75-220; s. 969, ch. 97-102; s. 54, ch. 2001-226.

« Title XLII. », « Ch. 732. », « Pt. VI. », « § 732.607. » Fla. Stat. § 732.607

§ 732.607. Exercise of power of appointment. A general residuary clause in a will, or a will making general disposition of all the testator’s property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intent to include the property subject to the power. HISTORY: S. 1, ch. 74-106; s. 38, ch. 75-220.

« Title XLII. », « Ch. 732. », « Pt. VI. », « § 732.608. » Fla. Stat. § 732.608

§ 732.608. Construction of terms. The laws used to determine paternity and relationships for the purposes of intestate succession apply when determining whether class gift terminology and terms of relationship include adopted persons and persons born out of wedlock. HISTORY: S. 1, ch. 74-106; s. 38, ch. 75-220; s. 10, ch. 2010-132, eff. Oct. 1, 2010.

« Title XLII. », « Ch. 732. », « Pt. VI. », « § 732.609. » Fla. Stat. § 732.609

§ 732.609. Ademption by satisfaction. Property that a testator gave to a person in the testator’s lifetime is treated as a satisfaction of a devise to that person, in whole or in part, only if the will provides for deduction of the lifetime gift, the testator declares in a contemporaneous writing that the gift is to be deducted from the devise or is in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction. For purposes of part satisfaction, property given during the testator’s lifetime is valued at the time the devisee came into possession or enjoyment of the property or at the time of the death of the testator, whichever occurs first. HISTORY: S. 1, ch. 74-106; s. 38, ch. 75-220.

« Title XLII. », « Ch. 732. », « Pt. VI. », « § 732.611. » Fla. Stat. § 732.611

§ 732.611. Devises to multigeneration classes to be per stirpes. Unless the will provides otherwise, all devises to descendants, issue, and other multigeneration classes shall be per stirpes. HISTORY: S. 1, ch. 74-106; s. 38, ch. 75-220; s. 35, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 732. », « Pt. VI. », « § 732.615. » Fla. Stat. § 732.615

§ 732.615. Reformation to correct mistakes. Upon application of any interested person, the court may reform the terms of a will, even if unambiguous, to conform the terms to the testator’s intent if it is proved by clear and convincing evidence that both the accomplishment of the testator’s intent and the terms of the will were affected by a mistake of fact or law, whether in expression or inducement. In determining the testator’s original intent, the court may consider evidence relevant to the testator’s intent even though the evidence contradicts an apparent plain meaning of the will. HISTORY: S. 3, ch. 2011-183, eff. July 1, 2011. Editor’s notes. Section 14, ch. 2011-183 provides: “Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law and shall apply to all proceedings pending before such date and all cases commenced on or after the effective date.”

« Title XLII. », « Ch. 732. », « Pt. VI. », « § 732.616. • Fla. Stat. § 732.616

§ 732.616. Modification to achieve testator’s tax objectives. Upon application of any interested person, to achieve the testator’s tax objectives the court may modify the terms of a will in a manner that is not contrary to the testator’s probable intent. The court may provide that the modification has retroactive effect. HISTORY: S. 4, ch. 2011-183, eff. July 1, 2011. Editor’s notes. Section 14, ch. 2011-183 provides: “Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law and shall apply to all proceedings pending before such date and all cases commenced on or after the effective date.”

« Title XLII. », « Ch. 732. », « Pt. VII. » Fla. Stat. Title XLII, Ch. 732, Pt. VII

PART VII. CONTRACTUAL ARRANGEMENTS RELATING TO DEATH. « Title XLII. », « Ch. 732. », « Pt. VII. », • § 732.701. » Fla. Stat. § 732.701

§ 732.701. Agreements concerning succession. (1) No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the agreeing party in the presence of two attesting witnesses. Such an agreement executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where the agreement was executed, whether or not the agreeing party is a Florida resident at the time of death. (2) The execution of a joint will or mutual wills neither creates a presumption of a contract to make a will nor creates a presumption of a contract not to revoke the will or wills. HISTORY: S. 1, ch. 74-106; s. 39, ch. 75-220; s. 55, ch. 2001-226. Editor’s notes. Created from former s. 731.051.

« Title XLII. », « Ch. 732. », « Pt. VII. », « § 732.702. » Fla. Stat. § 732.702

§ 732.702. Waiver of spousal rights. (1) The rights of a surviving spouse to an elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative of an intestate estate or any of those rights, may be waived, wholly or partly, before or after marriage, by a written contract, agreement, or waiver, signed by the waiving party in the presence of two subscribing witnesses. The requirement of witnesses shall be applicable only to contracts, agreements, or waivers signed by Florida residents after the effective date of this law. Any contract, agreement, or waiver executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where it was executed, whether or not he or she is a Florida resident at the time of death. Unless the waiver provides to the contrary, a waiver of “all rights,” or equivalent language, in the property or estate of a present or prospective spouse, or a complete property settlement entered into after, or in anticipation of, separation, dissolution of marriage, or divorce, is a waiver of all rights to elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative of an intestate estate, by the waiving party in the property of the other and a renunciation by the waiving party of all benefits that would otherwise pass to the waiving party from the other by intestate succession or by the provisions of any will executed before the written contract, agreement, or waiver. (2) Each spouse shall make a fair disclosure to the other of that spouse’s estate if the agreement, contract, or waiver is executed after marriage. No disclosure shall be required for an agreement, contract, or waiver executed before marriage. (3) No consideration other than the execution of the agreement, contract, or waiver shall be necessary to its validity, whether executed before or after marriage. HISTORY:

S. 1, ch. 74-106; s. 39, ch. 75-220; s. 14, ch. 77-87; s. 56, ch. 2001-226.

« Title XLII. », « Ch. 732. », « Pt. VII. », « § 732.7025. » Fla. Stat. § 732.7025

§ 732.7025. Waiver of homestead rights through deed. — (1) A spouse waives his or her rights as a surviving spouse with respect to the devise restrictions under s. 4(c), Art. X of the State Constitution if the following or substantially similar language is included in a deed: “By executing or joining this deed, I intend to waive homestead rights that would otherwise prevent my spouse from devising the homestead property described in this deed to someone other than me.” (2) The waiver language in subsection (1) may not be considered a waiver of the protection against the owner’s creditor claims during the owner’s lifetime and after death. Such language may not be considered a waiver of the restrictions against alienation by mortgage, sale, gift, or deed without the joinder of the owner’s spouse. History. S. 1, ch. 2018-22, effective July 1, 2018.

« Title XLII. », « Ch. 732. », « Pt. VII. », « § 732.703. • Fla. Stat. § 732.703

§ 732.703. Effect of divorce, dissolution, or invalidity of marriage on disposition of certain assets at death. (1) As used in this section, unless the context requires otherwise, the term: (a) “Asset,” when not modified by other words or phrases, means an asset described in subsection (3), except as provided in paragraph (4)(j). (b) “Beneficiary” means any person designated in a governing instrument to receive an interest in an asset upon the death of the decedent. (c) “Death certificate” means a certified copy of a death certificate issued by an official or agency for the place where the decedent’s death occurred. (d) “Employee benefit plan” means any funded or unfunded plan, program, or fund established by an employer to provide an employee’s beneficiaries with benefits that may be payable on the employee’s death. (e) “Governing instrument” means any writing or contract governing the disposition of all or any part of an asset upon the death of the decedent. (f) “Payor” means any person obligated to make payment of the decedent’s interest in an asset upon the death of the decedent, and any other person who is in control or possession of an asset. (g) “Primary beneficiary” means a beneficiary designated under the governing instrument to receive an interest in an asset upon the death of the decedent who is not a secondary beneficiary. A person who receives an interest in the asset upon the death of the decedent due to the death of another beneficiary prior to the decedent’s death is also a primary beneficiary. (h) “Secondary beneficiary” means a beneficiary designated under the governing instrument who will receive an interest in an asset if the designation of the primary beneficiary is revoked or otherwise cannot be given effect. (2) A designation made by or on behalf of the decedent providing for the payment or transfer at death of an interest in an asset to or for the benefit of the decedent’s former spouse is void as of the time the decedent’s marriage

was judicially dissolved or declared invalid by court order prior to the decedent’s death, if the designation was made prior to the dissolution or court order. The decedent’s interest in the asset shall pass as if the decedent’s former spouse predeceased the decedent. An individual retirement account described in s. 408 or s. 408A of the Internal Revenue Code of 1986, or an employee benefit plan, may not be treated as a trust for purposes of this section. (3) Subsection (2) applies to the following assets in which a resident of this state has an interest at the time of the resident’s death: (a) A life insurance policy, qualified annuity, or other similar tax-deferred contract held within an employee benefit plan. (b) An employee benefit plan. (c) An individual retirement account described in s. 408 or s. 408A of the Internal Revenue Code of 1986, including an individual retirement annuity described in s. 408(b) of the Internal Revenue Code of 1986. (d) A payable-on-death account. (e) A security or other account registered in a transfer-on-death form. (f) A life insurance policy, annuity, or other similar contract that is not held within an employee benefit plan or a tax-qualified retirement account. (4) Subsection (2) does not apply: (a) To the extent that controlling federal law provides otherwise; (b) If the governing instrument is signed by the decedent, or on behalf of the decedent, after the order of dissolution or order declaring the marriage invalid and such governing instrument expressly provides that benefits will be payable to the decedent’s former spouse; (c) To the extent a will or trust governs the disposition of the assets and s. 732.507(2) or s. 736.1105 applies; (d) If the order of dissolution or order declaring the marriage invalid requires that the decedent acquire or maintain the asset for the benefit of a former spouse or children of the marriage, payable upon the death of the decedent either outright or in trust, only if other assets of the decedent fulfilling such a requirement for the benefit of the former spouse or children

of the marriage do not exist upon the death of the decedent; (e) If, under the terms of the order of dissolution or order declaring the marriage invalid, the decedent could not have unilaterally terminated or modified the ownership of the asset, or its disposition upon the death of the decedent; (f) If the designation of the decedent’s former spouse as a beneficiary is irrevocable under applicable law; (g) If the governing instrument is governed by the laws of a state other than this state; (h) To an asset held in two or more names as to which the death of one coowner vests ownership of the asset in the surviving co-owner or co-owners; (i) If the decedent remarries the person whose interest would otherwise have been revoked under this section and the decedent and that person are married to one another at the time of the decedent’s death; or (j) To state-administered retirement plans under chapter 121. (5) In the case of an asset described in paragraph (3)(a), paragraph (3) (b), or paragraph (3)(c), unless payment or transfer would violate a court order directed to, and served as required by law on, the payor: (a) If the governing instrument does not explicitly specify the relationship of the beneficiary to the decedent or if the governing instrument explicitly provides that the beneficiary is not the decedent’s spouse, the payor is not liable for making any payment on account of, or transferring any interest in, the asset to the beneficiary. (b) As to any portion of the asset required by the governing instrument to be paid after the decedent’s death to a primary beneficiary explicitly designated in the governing instrument as the decedent’s spouse: 1. If the death certificate states that the decedent was married at the time of his or her death to that spouse, the payor is not liable for making a payment on account of, or for transferring an interest in, that portion of the asset to such primary beneficiary. 2. If the death certificate states that the decedent was not married at the

time of his or her death, or if the death certificate states that the decedent was married to a person other than the spouse designated as the primary beneficiary at the time of his or her death, the payor is not liable for making a payment on account of, or for transferring an interest in, that portion of the asset to a secondary beneficiary under the governing instrument. 3. If the death certificate is silent as to the decedent’s marital status at the time of his or her death, the payor is not liable for making a payment on account of, or for transferring an interest in, that portion of the asset to the primary beneficiary upon delivery to the payor of an affidavit validly executed by the primary beneficiary in substantially the following form:

STATE OF ________________ COUNTY OF ________________ Before me, the undersigned authority, personally appeared (type or print Affiant’s name)(“Affiant”), who swore or affirmed that: 1. (Type or print name of Decedent)(“Decedent”) died on (type or print the date of the Decedent’s death). 2. Affiant is a “primary beneficiary” as that term is defined in Section 732.703, Florida Statutes. Affiant and Decedent were married on (type or print the date of marriage), and were legally married to one another on the date of the Decedent’s death. (Affiant)

Sworn to or affirmed before me by the affiant who is personally known to me or who has produced (state type of identification) as identification this day of (month), (year). (Signature of Officer) (Print, Type, or Stamp Commissioned name of Notary Public) 4. If the death certificate is silent as to the decedent’s marital status at the time of his or her death, the payor is not liable for making a payment on

account of, or for transferring an interest in, that portion of the asset to the secondary beneficiary upon delivery to the payor of an affidavit validly executed by the secondary beneficiary in substantially the following form: STATE OF ________________ COUNTY OF ________________ Before me, the undersigned authority, personally appeared by the means specified herein, ...(type or print Affiant’s name)... (“Affiant”), who swore or affirmed that: 1. ...(Type or print name of Decedent)... (“Decedent”) died on ...(type or print the date of the Decedent’s death).... 2. Affiant is a “secondary beneficiary” as that term is defined in Section 732.703, Florida Statutes. On the date of the Decedent’s death, the Decedent was not legally married to the spouse designated as the “primary beneficiary” as that term is defined in Section 732.703, Florida Statutes. ...(Affiant)... Sworn to or affirmed before me by means of physical presence or online notarization by the affiant who is personally known to me or has produced ...(state type of identification)... as identification this ____ day of ... (month)..., ...(year).... ...(Signature of Officer)... ...(Print, Type, or Stamp Commissioned name of Notary Public)... (6) In the case of an asset described in paragraph (3)(d), paragraph (3) (e), or paragraph (3)(f), the payor is not liable for making any payment on account of, or transferring any interest in, the asset to any beneficiary. (7) Subsections (5) and (6) apply notwithstanding the payor’s knowledge that the person to whom the asset is transferred is different from the person who would own the interest pursuant to subsection (2). (8) This section does not affect the ownership of an interest in an asset as between the former spouse and any other person entitled to such interest by operation of this section, the rights of any purchaser for value of any such interest, the rights of any creditor of the former spouse or any other

person entitled to such interest, or the rights and duties of any insurance company, financial institution, trustee, administrator, or other third party. (9) This section applies to all designations made by or on behalf of decedents dying on or after July 1, 2012, regardless of when the designation was made. HISTORY: S. 1, ch. 2012-148, eff. July 1, 2012; s. 6, ch. 2013-172, eff. Oct. 1, 2013; s. 7, ch. 2021-205, effective June 29, 2021.

« Title XLII. », « Ch. 732. », « Pt. VIII. » Fla. Stat. Title XLII, Ch. 732, Pt. VIII

PART VIII. GENERAL PROVISIONS. « Title XLII. », « Ch. 732. », « Pt. VIII. », • § 732.801. » Fla. Stat. § 732.801

§ 732.801. Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment [Repealed.] Repealed by s. 5, ch. 2005-108, effective July 1, 2005. HISTORY: S. 1, ch. 74-106; s. 40, ch. 75-220; s. 15, ch. 77-87; s. 970, ch. 97-102; s. 57, ch. 2001-226; s. 30, ch. 2003-154.

« Title XLII. », « Ch. 732. », « Pt. VIII. », « § 732.802. » Fla. Stat. § 732.802

§ 732.802. Killer not entitled to receive property or other benefits by reason of victim’s death. (1) A surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent is not entitled to any benefits under the will or under the Florida Probate Code, and the estate of the decedent passes as if the killer had predeceased the decedent. Property appointed by the will of the decedent to or for the benefit of the killer passes as if the killer had predeceased the decedent. (2) Any joint tenant who unlawfully and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedent’s property and the killer has no rights by survivorship. This provision applies to joint tenancies with right of survivorship and tenancies by the entirety in real and personal property; joint and multiple-party accounts in banks, savings and loan associations, credit unions, and other institutions; and any other form of co-ownership with survivorship incidents. (3) A named beneficiary of a bond, life insurance policy, or other contractual arrangement who unlawfully and intentionally kills the principal obligee or the person upon whose life the policy is issued is not entitled to any benefit under the bond, policy, or other contractual arrangement; and it becomes payable as though the killer had predeceased the decedent. (4) Any other acquisition of property or interest by the killer, including a life estate in homestead property, shall be treated in accordance with the principles of this section. (5) A final judgment of conviction of murder in any degree is conclusive for purposes of this section. In the absence of a conviction of murder in any degree, the court may determine by the greater weight of the evidence whether the killing was unlawful and intentional for purposes of this section. (6) This section does not affect the rights of any person who, before rights under this section have been adjudicated, purchases from the killer

for value and without notice property which the killer would have acquired except for this section, but the killer is liable for the amount of the proceeds or the value of the property. Any insurance company, bank, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless prior to payment it has received at its home office or principal address written notice of a claim under this section. HISTORY: S. 1, ch. 74-106; s. 113, ch. 75-220; s. 1, ch. 82-71. Editor’s notes. Created from former s. 731.31.

« Title XLII. », « Ch. 732. », « Pt. VIII. », « § 732.8031. » Fla. Stat. § 732.8031

§ 732.8031. Forfeiture for abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult.— (1) A surviving person who is convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, as those terms are defined in s. 825.101, for conduct against the decedent or another person on whose death such beneficiary’s interest depends is not entitled to any benefits under the will of the decedent or the Florida Probate Code, and the estate of the decedent passes as if the abuser, neglector, exploiter, or killer had predeceased the decedent. Property appointed by the will of the decedent to or for the benefit of the abuser, neglector, exploiter, or killer passes as if the abuser, neglector, exploiter, or killer had predeceased the decedent. (a) A final judgment of conviction for abuse, neglect, exploitation, or aggravated manslaughter of the decedent or other person creates a rebuttable presumption that this section applies. (b) In the absence of a qualifying conviction, the court may determine by the greater weight of the evidence whether the decedent’s or other person’s death was caused by or contributed to by the abuser’s, neglector’s, exploiter’s, or killer’s conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2) for purposes of this section. (2) A joint tenant who is convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, as those terms are defined in s. 825.101, for conduct against another joint tenant decedent thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedent’s sole property and as if the abuser, neglector, exploiter, or killer has no rights by survivorship. This subsection applies to joint tenancies with right of survivorship and tenancies by the entirety in real and personal property; joint and multiple-party accounts in banks, savings and loan associations, credit unions, and other financial institutions; and any other form of coownership with survivorship interests. (a) A final judgment of conviction for abuse, neglect, exploitation, or

aggravated manslaughter of the decedent or other person creates a rebuttable presumption that this section applies. (b) In the absence of a qualifying conviction, the court may determine by the greater weight of the evidence whether the decedent’s or other person’s death was caused by or contributed to by the abuser’s, neglector’s, exploiter’s, or killer’s conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2) for purposes of this section. (3) A named beneficiary of a bond, life insurance policy, or other contractual arrangement who is convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, as those terms are defined in s. 825.101, for conduct against the owner or principal obligee of the bond, life insurance policy, or other contractual arrangement or the person upon whose life such policy was issued is not entitled to any benefit under the bond, policy, or other contractual arrangement, and the bond, policy, or other contractual arrangement becomes payable as though the abuser, neglector, exploiter, or killer had predeceased the decedent. (a) A final judgment of conviction for abuse, neglect, exploitation, or aggravated manslaughter of the decedent or other person creates a rebuttable presumption that this section applies. (b) In the absence of a qualifying conviction, the court may determine by the greater weight of the evidence whether the decedent’s or other person’s death was caused by or contributed to by the abuser’s, neglector’s, exploiter’s, or killer’s conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2) for purposes of this section. (4) Any other property or interest acquired as a result of the abuse, neglect, exploitation, or manslaughter must be returned in accordance with this section. (5)(a) This section does not affect the rights of any person who purchases property for value and without notice from the abuser, neglector, exploiter, or killer before rights have been adjudicated in accordance with this section. (b) The abuser, neglector, exploiter, or killer is liable for the amount of the proceeds or the value of the property under paragraph (a).

(6) Any insurance company, financial institution, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless more than 2 business days before payment it receives at its home office or principal address written notice, or in the case of a financial institution it receives notice in accordance with s. 655.0201, of a claim under this section. (7) This section does not apply if it can be proven by clear and convincing evidence that, after the conviction of abuse, neglect, or exploitation, the victim of the offense, if capacitated, ratifies an intent that the person so convicted of abuse, neglect, or exploitation retain his or her inheritance, survivorship rights, or any other right that might otherwise be removed by this section by executing a valid written instrument, sworn to and witnessed by two persons who would be competent as witnesses to a will, which expresses a specific intent to allow the convicted person to retain his or her inheritance, survivorship rights, or any other right that might otherwise be removed by this section. History. S. 3, ch. 2021-221, effective July 1, 2021.

« Title XLII. », « Ch. 732. », « Pt. VIII. », « § 732.804. » Fla. Stat. § 732.804

§ 732.804. Provisions relating to disposition of the body. Before issuance of letters, any person may carry out written instructions of the decedent relating to the decedent’s body and funeral and burial arrangements. The fact that cremation occurred pursuant to a written direction signed by the decedent that the body be cremated is a complete defense to a cause of action against any person acting or relying on that direction. HISTORY: S. 1, ch. 74-106; s. 43, ch. 75-220; s. 971, ch. 97-102; s. 58, ch. 2001-226.

« Title XLII. », « Ch. 732. », « Pt. VIII. », « § 732.805. » Fla. Stat. § 732.805

§ 732.805. Spousal rights procured by fraud, duress, or undue influence. (1) A surviving spouse who is found to have procured a marriage to the decedent by fraud, duress, or undue influence is not entitled to any of the following rights or benefits that inure solely by virtue of the marriage or the person’s status as surviving spouse of the decedent unless the decedent and the surviving spouse voluntarily cohabited as husband and wife with full knowledge of the facts constituting the fraud, duress, or undue influence or both spouses otherwise subsequently ratified the marriage: (a) Any rights or benefits under the Florida Probate Code, including, but not limited to, entitlement to elective share or family allowance; preference in appointment as personal representative; inheritance by intestacy, homestead, or exempt property; or inheritance as a pretermitted spouse. (b) Any rights or benefits under a bond, life insurance policy, or other contractual arrangement if the decedent is the principal obligee or the person upon whose life the policy is issued, unless the surviving spouse is provided for by name, whether or not designated as the spouse, in the bond, life insurance policy, or other contractual arrangement. (c) Any rights or benefits under a will, trust, or power of appointment, unless the surviving spouse is provided for by name, whether or not designated as the spouse, in the will, trust, or power of appointment. (d) Any immunity from the presumption of undue influence that a surviving spouse may have under state law. (2) Any of the rights or benefits listed in paragraphs (1)(a)-(c) which would have passed solely by virtue of the marriage to a surviving spouse who is found to have procured the marriage by fraud, duress, or undue influence shall pass as if the spouse had predeceased the decedent. (3) A challenge to a surviving spouse’s rights under this section may be maintained as a defense, objection, or cause of action by any interested person after the death of the decedent in any proceeding in which the fact of marriage may be directly or indirectly material. (4) The contestant has the burden of establishing, by a preponderance of

the evidence, that the marriage was procured by fraud, duress, or undue influence. If ratification of the marriage is raised as a defense, the surviving spouse has the burden of establishing, by a preponderance of the evidence, the subsequent ratification by both spouses. (5) In all actions brought under this section, the court shall award taxable costs as in chancery actions, including attorney’s fees. When awarding taxable costs and attorney’s fees, the court may direct payment from a party’s interest, if any, in the estate, or enter a judgment that may be satisfied from other property of the party, or both. (6) An insurance company, financial institution, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless, before payment, it received written notice of a claim pursuant to this section. (a) The notice required by this subsection must be in writing and must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice. Permissible methods of notice include first-class mail, personal delivery, delivery to the person’s last known place of residence or place of business, or a properly directed facsimile or other electronic message. (b) To be effective, notice to a financial institution or insurance company must contain the name, address, and the taxpayer identification number, or the account or policy number, of the principal obligee or person whose life is insured and shall be directed to an officer or a manager of the financial institution or insurance company in this state. If the financial institution or insurance company has no offices in this state, the notice shall be directed to the principal office of the financial institution or insurance company. (c) Notice shall be effective when given, except that notice to a financial institution or insurance company is not effective until 5 business days after being given. (7) The rights and remedies granted in this section are in addition to any other rights or remedies a person may have at law or equity. (8) Unless sooner barred by adjudication, estoppel, or a provision of the Florida Probate Code or Florida Probate Rules, an interested person is barred from bringing an action under this section unless the action is

commenced within 4 years after the decedent’s date of death. A cause of action under this section accrues on the decedent’s date of death. HISTORY: S. 11, ch. 2010-132, eff. Oct. 1, 2010.

« Title XLII. », « Ch. 732. », « Pt. VIII. », « § 732.806. • Fla. Stat. § 732.806

§ 732.806. Gifts to lawyers and other disqualified persons. (1) Any part of a written instrument which makes a gift to a lawyer or a person related to the lawyer is void if the lawyer prepared or supervised the execution of the written instrument, or solicited the gift, unless the lawyer or other recipient of the gift is related to the person making the gift. (2) This section is not applicable to a provision in a written instrument appointing a lawyer, or a person related to the lawyer, as a fiduciary. (3) A provision in a written instrument purporting to waive the application of this section is unenforceable. (4) If property distributed in kind, or a security interest in that property, is acquired by a purchaser or lender for value from a person who has received a gift in violation of this section, the purchaser or lender takes title free of any claims arising under this section and incurs no personal liability by reason of this section, whether or not the gift is void under this section. (5) In all actions brought under this section, the court must award taxable costs as in chancery actions, including attorney fees. When awarding taxable costs and attorney fees under this section, the court may direct payment from a party’s interest in the estate or trust, or enter a judgment that may be satisfied from other property of the party, or both. Attorney fees and costs may not be awarded against a party who, in good faith, initiates an action under this section to declare a gift void. (6) If a part of a written instrument is invalid by reason of this section, the invalid part is severable and may not affect any other part of the written instrument which can be given effect, including a term that makes an alternate or substitute gift. In the case of a power of appointment, this section does not affect the power to appoint in favor of persons other than the lawyer or a person related to the lawyer. (7) For purposes of this section: (a) A lawyer is deemed to have prepared, or supervised the execution of, a written instrument if the preparation, or supervision of the execution, of the written instrument was performed by an employee or lawyer employed by the

same firm as the lawyer. (b) A person is “related” to an individual if, at the time the lawyer prepared or supervised the execution of the written instrument or solicited the gift, the person is: 1. A spouse of the individual; 2. A lineal ascendant or descendant of the individual; 3. A sibling of the individual; 4. A relative of the individual or of the individual’s spouse with whom the lawyer maintains a close, familial relationship; 5. A spouse of a person described in subparagraph 2., subparagraph 3., or subparagraph 4.; or 6. A person who cohabitates with the individual. (c) The term “written instrument” includes, but is not limited to, a will, a trust, a deed, a document exercising a power of appointment, or a beneficiary designation under a life insurance contract or any other contractual arrangement that creates an ownership interest or permits the naming of a beneficiary. (d) The term “gift” includes an inter vivos gift, a testamentary transfer of real or personal property or any interest therein, and the power to make such a transfer regardless of whether the gift is outright or in trust; regardless of when the transfer is to take effect; and regardless of whether the power is held in a fiduciary or nonfiduciary capacity. (8) The rights and remedies granted in this section are in addition to any other rights or remedies a person may have at law or in equity. (9) This section applies only to written instruments executed on or after October 1, 2013. HISTORY: S. 7, ch. 2013-172, eff. Oct. 1, 2013; s. 1, ch. 2014-127, effective July 1, 2014. Editor’s notes.

Section 2, ch. 2014-127, provides: “The changes made by this act to s. 732.806, Florida Statutes, are intended to clarify existing law and are remedial in nature.”

« Title XLII. », « Ch. 732. », « Pt. IX. • Fla. Stat. Title XLII, Ch. 732, Pt. IX

PART IX. PRODUCTION OF WILLS. « Title XLII. », « Ch. 732. », « Pt. IX. •, • § 732.901. • Fla. Stat. § 732.901

§ 732.901. Production of wills. (1) The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian must supply the testator’s date of death or the last four digits of the testator’s social security number to the clerk upon deposit. (2) Upon petition and notice, the custodian of any will may be compelled to produce and deposit the will. All costs, damages, and a reasonable attorney’s fee shall be adjudged to petitioner against the delinquent custodian if the court finds that the custodian had no just or reasonable cause for failing to deposit the will. (3) An original will submitted to the clerk with a petition or other pleading is deemed to have been deposited with the clerk. (4) Upon receipt, the clerk shall retain and preserve the original will in its original form for at least 20 years. If the probate of a will is initiated, the original will may be maintained by the clerk with the other pleadings during the pendency of the proceedings, but the will must at all times be retained in its original form for the remainder of the 20-year period whether or not the will is admitted to probate or the proceedings are terminated. Transforming and storing a will on film, microfilm, magnetic, electronic, optical, or other substitute media or recording a will onto an electronic recordkeeping system, whether or not in accordance with the standards adopted by the Supreme Court of Florida, or permanently recording a will does not eliminate the requirement to preserve the original will. (5) For purposes of this section, the term “will” includes a separate writing as described in s. 732.515. HISTORY:

S. 1, ch. 74-106; s. 44, ch. 75-220; s. 18, ch. 92-200; s. 972, ch. 97-102; s. 59, ch. 2001-226; s. 8, ch. 2013-172, eff. Oct. 1, 2013. Editor’s notes. Created from former s. 732.22.

« Title XLII. », « Ch. 733. » Fla. Stat. Title XLII, Ch. 733

CHAPTER 733. PROBATE CODE: ADMINISTRATION OF ESTATES. « Title XLII. », « Ch. 733. », • Pt. I. » Fla. Stat. Title XLII, Ch. 733, Pt. I

PART I. GENERAL PROVISIONS. « Title XLII. », « Ch. 733. », • Pt. I. », • § 733.101. » Fla. Stat. § 733.101

§ 733.101. Venue of probate proceedings. (1) The venue for probate of wills and granting letters shall be: (a) In the county in this state where the decedent was domiciled. (b) If the decedent had no domicile in this state, then in any county where the decedent’s property is located. (c) If the decedent had no domicile in this state and possessed no property in this state, then in the county where any debtor of the decedent resides. (2) For the purpose of this section, a married woman whose husband is an alien or a nonresident of Florida may establish or designate a separate domicile in this state. (3) Whenever a proceeding is filed laying venue in an improper county, the court may transfer the action in the same manner as provided in the Florida Rules of Civil Procedure. Any action taken by the court or the parties before the transfer is not affected by the improper venue. HISTORY: S. 1, ch. 74-106; s. 46, ch. 75-220; s. 981, ch. 97-102; s. 78, ch. 2001-226. Editor’s notes. Created from former s. 732.06.

« Title XLII. », « Ch. 733. », • Pt. I. », « § 733.103. » Fla. Stat. § 733.103

§ 733.103. Effect of probate. (1) Until admitted to probate in this state or in the state where the decedent was domiciled, the will shall be ineffective to prove title to, or the right to possession of, property of the testator. (2) In any collateral action or proceeding relating to devised property, the probate of a will in Florida shall be conclusive of its due execution; that it was executed by a competent testator, free of fraud, duress, mistake, and undue influence; and that the will was unrevoked on the testator’s death. HISTORY: S. 1, ch. 74-106; s. 48, ch. 75-220; s. 17, ch. 77-87; s. 1, ch. 77-174; s. 79, ch. 2001-226. Editor’s notes. Created from former s. 732.26.

« Title XLII. », « Ch. 733. », • Pt. I. », « § 733.104. » Fla. Stat. § 733.104

§ 733.104. Suspension of statutes of limitation in favor of the personal representative. (1) If a person entitled to bring an action dies before the expiration of the time limited for the commencement of the action and the cause of action survives, the action may be commenced by that person’s personal representative before the later of the expiration of the time limited for the commencement of the action or 12 months after the decedent’s death. (2) If a person against whom a cause of action exists dies before the expiration of the time limited for commencement of the action and the cause of action survives, if a claim is timely filed, the expiration of the time limited for commencement of the action shall not apply. HISTORY: S. 1, ch. 74-106; s. 48, ch. 75-220; s. 1, ch. 77-174; s. 982, ch. 97-102; s. 80, ch. 2001-226. Editor’s notes. Created from former s. 734.27.

« Title XLII. », « Ch. 733. », • Pt. I. », « § 733.105. » Fla. Stat. § 733.105

§ 733.105. Determination of beneficiaries. (1) When property passes by intestate succession or the will is unclear and there is doubt about: (a) Who is entitled to receive any part of the property, or (b) The shares and amounts that any person is entitled to receive, any interested person may petition the court to determine beneficiaries or their shares. (2) Any personal representative who makes distribution or takes any other action pursuant to an order determining beneficiaries shall be fully protected. (3) A separate civil action to determine beneficiaries may be brought when an estate has not been administered. HISTORY: S. 1, ch. 74-106; s. 48, ch. 75-220; s. 226, ch. 77-104; s. 1, ch. 77-174; s. 983, ch. 97-102; s. 81, ch. 2001-226. Editor’s notes. Created from former s. 734.25.

« Title XLII. », « Ch. 733. », • Pt. I. », « § 733.1051. » Fla. Stat. § 733.1051

§ 733.1051. Limited judicial construction of will with federal tax provisions. (1) Upon the application of a personal representative or a person who is or may be a beneficiary who is affected by the outcome of the construction, a court at any time may construe the terms of a will to define the respective shares or determine beneficiaries, in accordance with the intention of a testator, if a disposition occurs during the applicable period and the will contains a provision that: (a) Includes a disposition formula referring to the terms “unified credit,” “estate tax exemption,” “applicable exemption amount,” “applicable credit amount,” “applicable exclusion amount,” “generation-skipping transfer tax exemption,” “GST exemption,” “marital deduction,” “maximum marital deduction,” “unlimited marital deduction,” or “maximum charitable deduction”; (b) Measures a share of an estate based on the amount that may pass free of federal estate tax or the amount that may pass free of federal generationskipping transfer tax; (c) Otherwise makes a disposition referring to a charitable deduction, marital deduction, or another provision of federal estate tax or generationskipping transfer tax law; or (d) Appears to be intended to reduce or minimize the federal estate tax or generation-skipping transfer tax. (2) For purposes of this section: (a) The term “applicable period” means a period beginning January 1, 2010, and ending on the end of the day on the earlier of December 31, 2010, or the day before the date that an act becomes law that repeals or otherwise modifies or has the effect of repealing or modifying s. 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001. (b) A “disposition occurs” when the testator dies. (3) In construing the will, the court shall consider the terms and

purposes of the will, the facts and circumstances surrounding the creation of the will, and the testator’s probable intent. In determining the testator’s probable intent, the court may consider evidence relevant to the testator’s intent even though the evidence contradicts an apparent plain meaning of the will. (4) This section does not apply to a disposition that is specifically conditioned upon no federal estate or generation-skipping transfer tax being imposed. (5)(a) Unless otherwise ordered by the court, during the applicable period and without court order, the personal representative administering a will containing one or more provisions described in subsection (1) may: 1. Delay or refrain from making any distribution. 2. Incur and pay fees and costs reasonably necessary to determine its duties and obligations, including compliance with provisions of existing and reasonably anticipated future federal tax laws. 3. Establish and maintain reserves for the payment of these fees and costs and federal taxes. (b) The personal representative shall not be liable for its actions as provided in this subsection made or taken in good faith. (6) The provisions of this section are in addition to, and not in derogation of, rights under the common law to construe a will. (7) This section is remedial in nature and intended to provide a new or modified legal remedy. This section shall operate retroactively to January 1, 2010. HISTORY: S. 12, ch. 2010-132, eff. May 27, 2010.

« Title XLII. », « Ch. 733. », • Pt. I. », « § 733.106. » Fla. Stat. § 733.106

§ 733.106. Costs and attorney fees. (1) In all probate proceedings, costs may be awarded as in chancery actions. (2) A person nominated as personal representative, or any proponent of a will if the person so nominated does not act within a reasonable time, if in good faith justified in offering the will in due form for probate, shall receive costs and attorney fees from the estate even though probate is denied or revoked. (3) Any attorney who has rendered services to an estate may be awarded reasonable compensation from the estate. (4) If costs and attorney fees are to be paid from the estate under this section, s. 733.6171(4), s. 736.1005, or s. 736.1006, the court, in its discretion, may direct from what part of the estate they shall be paid. (a) If the court directs an assessment against a person’s part of the estate and such part is insufficient to fully pay the assessment, the court may direct payment from the person’s part of a trust, if any, if a pour-over will is involved and the matter is interrelated with the trust. (b) All or any part of the costs and attorney fees to be paid from the estate may be assessed against one or more persons’ part of the estate in such proportions as the court finds to be just and proper. (c) In the exercise of its discretion, the court may consider the following factors: 1. The relative impact of an assessment on the estimated value of each person’s part of the estate. 2. The amount of costs and attorney fees to be assessed against a person’s part of the estate. 3. The extent to which a person whose part of the estate is to be assessed, individually or through counsel, actively participated in the proceeding. 4. The potential benefit or detriment to a person’s part of the estate

expected from the outcome of the proceeding. 5. The relative strength or weakness of the merits of the claims, defenses, or objections, if any, asserted by a person whose part of the estate is to be assessed. 6. Whether a person whose part of the estate is to be assessed was a prevailing party with respect to one or more claims, defenses, or objections. 7. Whether a person whose part of the estate is to be assessed unjustly caused an increase in the amount of costs and attorney fees incurred by the personal representative or another interested person in connection with the proceeding. 8. Any other relevant fact, circumstance, or equity. (d) The court may assess a person’s part of the estate without finding that the person engaged in bad faith, wrongdoing, or frivolousness. HISTORY: S. 1, ch. 74-106; s. 49, ch. 75-220; s. 984, ch. 97-102; s. 82, ch. 2001-226; s. 1, ch. 2015-27, effective July 1, 2015. Editor’s notes. Created from former s. 732.14. Section 11, ch. 2015-27, provides: “The amendments made by this act to ss. 733.106, 736.1005, and 736.1006, Florida Statutes, apply to proceedings commenced on or after July 1, 2015. The law in effect before July 1, 2015, applies to proceedings commenced before that date.”

« Title XLII. », « Ch. 733. », • Pt. I. », « § 733.1061. » Fla. Stat. § 733.1061

§ 733.1061. Fees and costs; will reformation and modification. (1) In a proceeding arising under s. 732.615 or s. 732.616, the court shall award taxable costs as in chancery actions, including attorney’s fees and guardian ad litem fees. (2) When awarding taxable costs, including attorney’s fees and guardian ad litem fees, under this section, the court in its discretion may direct payment from a party’s interest, if any, in the estate or enter a judgment which may be satisfied from other property of the party, or both. HISTORY: S. 5, ch. 2011-183, eff. July 1, 2011. Editor’s notes. Section 14, ch. 2011-183 provides: “Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law and shall apply to all proceedings pending before such date and all cases commenced on or after the effective date.”

« Title XLII. », « Ch. 733. », • Pt. I. », « § 733.107. » Fla. Stat. § 733.107

§ 733.107. Burden of proof in contests; presumption of undue influence. (1) In all proceedings contesting the validity of a will, the burden shall be upon the proponent of the will to establish prima facie its formal execution and attestation. A self-proving affidavit executed in accordance with s. 732.503 or an oath of an attesting witness executed as required in s. 733.201(2) is admissible and establishes prima facie the formal execution and attestation of the will. Thereafter, the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation is sought. (2) In any transaction or event to which the presumption of undue influence applies, the presumption implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under ss. 90.301-90.304. HISTORY: S. 1, ch. 74-106; s. 50, ch. 75-220; s. 83, ch. 2001-226; s. 5, ch. 2002-82; s. 13, ch. 2010-132, eff. Oct. 1, 2010; s. 3, ch. 2014-127, effective July 1, 2014. Editor’s notes. Created from former s. 732.31. Section 4, ch. 2014-127, provides: “The changes made by this act to s. 733.107, Florida Statutes, are intended to clarify existing law, are remedial in nature, and apply retroactively to all proceedings pending on or before the effective date of this act and to all cases commenced on or after the effective date of this act.”

« Title XLII. », « Ch. 733. », • Pt. I. », « § 733.109. • Fla. Stat. § 733.109

§ 733.109. Revocation of probate. (1) A proceeding to revoke the probate of a will shall be brought in the court having jurisdiction over the administration. Any interested person, including a beneficiary under a prior will, unless barred under s. 733.212 or s. 733.2123, may commence the proceeding before final discharge of the personal representative. (2) Pending the determination of any petition for revocation of probate, the personal representative shall proceed with the administration of the estate as if no revocation proceeding had been commenced, except that no distribution may be made to beneficiaries in contravention of the rights of those who, but for the will, would be entitled to the property disposed of. (3) Revocation of probate of a will shall not affect or impair the title to property purchased in good faith for value from the personal representative prior to an order of revocation. HISTORY: S. 1, ch. 74-106; s. 50, ch. 75-220; s. 18, ch. 77-87; s. 227, ch. 77-104; s. 84, ch. 2001-226. Editor’s notes. Created from former s. 732.30.

« Title XLII. », « Ch. 733. », « Pt. II. » Fla. Stat. Title XLII, Ch. 733, Pt. II

PART II. COMMENCING ADMINISTRATION. « Title XLII. », « Ch. 733. », « Pt. II. », • § 733.201. » Fla. Stat. § 733.201

§ 733.201. Proof of wills. (1) Self-proved wills executed in accordance with this code may be admitted to probate without further proof. However, a purportedly selfproved electronic will may be admitted to probate only in the manners prescribed in subsections (2) and (3) if the execution of such electronic will, or the acknowledgment by the testator and the affidavits of the witnesses, involves an online notarization in which there was a substantial failure to comply with the procedures set forth in s. 117.265. (2) A will may be admitted to probate upon the oath of any attesting witness taken before any circuit judge, commissioner appointed by the court, or clerk. (3) If it appears to the court that the attesting witnesses cannot be found or that they have become incapacitated after the execution of the will or their testimony cannot be obtained within a reasonable time, a will may be admitted to probate upon the oath of the personal representative nominated by the will as provided in subsection (2), whether or not the nominated personal representative is interested in the estate, or upon the oath of any person having no interest in the estate under the will stating that the person believes the writing exhibited to be the true last will of the decedent. HISTORY: S. 1, ch. 74-106; s. 51, ch. 75-220; s. 985, ch. 97-102; s. 85, ch. 2001-226; s. 9, ch. 2009-115, eff. July 1, 2009; s. 38, ch. 2019-71, effective January 1, 2020. Editor’s notes. Created from former s. 732.24.

« Title XLII. », « Ch. 733. », « Pt. II. », « § 733.202. » Fla. Stat. § 733.202

§ 733.202. Petition. Any interested person may petition for administration. HISTORY: S. 1, ch. 74-106; s. 52, ch. 75-220; s. 19, ch. 77-87; s. 19, ch. 92-200; s. 986, ch. 97-102; s. 86, ch. 2001-226. Editor’s notes. Created from former s. 732.43.

« Title XLII. », « Ch. 733. », « Pt. II. », « § 733.204. » Fla. Stat. § 733.204

§ 733.204. Probate of a will written in a foreign language. (1) No will written in a foreign language shall be admitted to probate unless it is accompanied by a true and complete English translation. (2) No personal representative who complies in good faith with the English translation of the will as established by the court shall be liable for doing so. HISTORY: S. 1, ch. 74-106; s. 54, ch. 75-220; s. 1, ch. 77-174; s. 88, ch. 2001-226. Editor’s notes. Created from former s. 732.34.

« Title XLII. », « Ch. 733. », « Pt. II. », « § 733.205. » Fla. Stat. § 733.205

§ 733.205. Probate of notarial will. (1) When a copy of a notarial will in the possession of a notary entitled to its custody in a foreign state or country, the laws of which state or country require that the will remain in the custody of the notary, duly authenticated by the notary, whose official position, signature, and seal of office are further authenticated by an American consul, vice consul, or other American consular officer within whose jurisdiction the notary is a resident, or whose official position, signature, and seal of office have been authenticated according to the requirements of the Hague Convention of 1961, is presented to the court, it may be admitted to probate if the original could have been admitted to probate in this state. (2) The duly authenticated copy shall be prima facie evidence of its purported execution and of the facts stated in the certificate in compliance with subsection (1). (3) Any interested person may oppose the probate of such a notarial will or may petition for revocation of probate of such a notarial will, as in the original probate of a will in this state. HISTORY: S. 1, ch. 74-106; s. 55, ch. 75-220; s. 89, ch. 2001-226; s. 7, ch. 2003-154. Editor’s notes. Created from former s. 732.37.

« Title XLII. », « Ch. 733. », « Pt. II. », « § 733.206. » Fla. Stat. § 733.206

§ 733.206. Probate of will of resident after foreign probate. (1) If a will of any person who dies a resident of this state is admitted to probate in any other state or country through inadvertence, error, or omission before probate in this state, the will may be admitted to probate in this state if the original could have been admitted to probate in this state. (2) An authenticated copy of the will, foreign proof of the will, the foreign order of probate, and any letters issued shall be filed instead of the original will and shall be prima facie evidence of its execution and admission to foreign probate. (3) Any interested person may oppose the probate of the will or may petition for revocation of the probate of the will, as in the original probate of a will in this state. HISTORY: S. 1, ch. 74-106; s. 56, ch. 75-220; s. 90, ch. 2001-226. Editor’s notes. Created from former s. 732.35.

« Title XLII. », « Ch. 733. », « Pt. II. », « § 733.207. » Fla. Stat. § 733.207

§ 733.207. Establishment and probate of lost or destroyed will. Any interested person may establish the full and precise terms of a lost or destroyed will and offer the will for probate. The specific content of the will must be proved by the testimony of two disinterested witnesses, or, if a correct copy is provided, it shall be proved by one disinterested witness. HISTORY: S. 1, ch. 74-106; s. 57, ch. 75-220; s. 91, ch. 2001-226. Editor’s notes. Created from former s. 732.27.

« Title XLII. », « Ch. 733. », « Pt. II. », « § 733.208. » Fla. Stat. § 733.208

§ 733.208. Discovery of later will. On the discovery of a later will or codicil, any interested person may petition to revoke the probate of the earlier will or to probate the later will or codicil. No will or codicil may be offered after the testate or intestate estate has been completely administered and the personal representative discharged. HISTORY: S. 1, ch. 74-106; s. 58, ch. 75-220; s. 92, ch. 2001-226. Editor’s notes. Created from former s. 732.32.

« Title XLII. », « Ch. 733. », « Pt. II. », « § 733.209. » Fla. Stat. § 733.209

§ 733.209. Estates of missing persons. Any interested person may petition to administer the estate of a missing person; however, no personal representative shall be appointed until the court determines the missing person is dead. HISTORY: S. 1, ch. 74-106; s. 93, ch. 2001-226. Editor’s notes. Created from former s. 732.53.

« Title XLII. », « Ch. 733. », « Pt. II. », « § 733.212. » Fla. Stat. § 733.212

§ 733.212. Notice of administration; filing of objections. (1) The personal representative shall promptly serve a copy of the notice of administration on the following persons who are known to the personal representative: (a) The decedent’s surviving spouse; (b) Beneficiaries; (c) The trustee of any trust described in s. 733.707(3) and each qualified beneficiary of the trust as defined in s. 736.0103, if each trustee is also a personal representative of the estate; and (d) Persons who may be entitled to exempt property in the manner provided for service of formal notice, unless served under s. 733.2123. The personal representative may similarly serve a copy of the notice on any devisees under a known prior will or heirs or others who claim or may claim an interest in the estate. (2) The notice shall state: (a) The name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, whether the estate is testate or intestate, and, if testate, the date of the will and any codicils. (b) The name and address of the personal representative and the name and address of the personal representative’s attorney, and that the fiduciary lawyer-client privilege in s. 90.5021 applies with respect to the personal representative and any attorney employed by the personal representative. (c) That any interested person on whom a copy of the notice of administration is served must file on or before the date that is 3 months after the date of service of a copy of the notice of administration on that person any objection that challenges the validity of the will, the venue, or the jurisdiction of the court. The 3-month time period may only be extended for estoppel based upon a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may

not be extended for any other reason, including affirmative representation, failure to disclose information, or misconduct by the personal representative or any other person. Unless sooner barred by subsection (3), all objections to the validity of a will, venue, or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration. (d) That persons who may be entitled to exempt property under s. 732.402 will be deemed to have waived their rights to claim that property as exempt property unless a petition for determination of exempt property is filed by such persons or on their behalf on or before the later of the date that is 4 months after the date of service of a copy of the notice of administration on such persons or the date that is 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the exempt property. (e) That, unless an extension is granted pursuant to s.732.2135(2), an election to take an elective share must be filed on or before the earlier of the date that is 6 months after the date of service of a copy of the notice of administration on the surviving spouse, or an attorney in fact or a guardian of the property of the surviving spouse, or the date that is 2 years after the date of the decedent’s death. (f) That, under certain circumstances and by failing to contest the will, the recipient of the notice of administration may be waiving his or her right to contest the validity of a trust or other writing incorporated by reference into a will. (3) Any interested person on whom a copy of the notice of administration is served must object to the validity of the will, the venue, or the jurisdiction of the court by filing a petition or other pleading requesting relief in accordance with the Florida Probate Rules on or before the date that is 3 months after the date of service of a copy of the notice of administration on the objecting person, or those objections are forever barred. The 3-month time period may only be extended for estoppel based upon a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may not be extended for any other reason, including affirmative representation,

failure to disclose information, or misconduct by the personal representative or any other person. Unless sooner barred by this subsection, all objections to the validity of a will, venue, or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration. (4) The appointment of a personal representative or a successor personal representative shall not extend or renew the period for filing objections under this section, unless a new will or codicil is admitted. (5) The personal representative is not individually liable to any person for giving notice under this section, regardless of whether it is later determined that notice was not required by this section. The service of notice in accordance with this section shall not be construed as conferring any right. (6) If the personal representative in good faith fails to give notice required by this section, the personal representative is not liable to any person for the failure. Liability, if any, for the failure is on the estate. (7) If a will or codicil is subsequently admitted to probate, the personal representative shall promptly serve a copy of a new notice of administration as required for an initial will admission. (8) For the purpose of determining deadlines established by reference to the date of service of a copy of the notice of administration in cases in which such service has been waived, service shall be deemed to occur on the date the waiver is filed. HISTORY: S. 1, ch. 74-106; s. 60, ch. 75-220; s. 227, ch. 77-104; s. 3, ch. 88-340; s. 2, ch. 89-340; s. 2, ch. 90-23; s. 8, ch. 93-257; s. 7, ch. 95-401; s. 191, ch. 99397; s. 94, ch. 2001-226; s. 8, ch. 2003-154; s. 6, ch. 2006-134, eff. July 1, 2006; s. 36, ch. 2006-217, eff. July 1, 2007; s. 8, ch. 2011-183, eff. June 21, 2011; s. 17, ch. 2013-172, eff. Oct. 1, 2013; s. 5, ch. 2020-67, effective October 1, 2020. Editor’s notes.

Created from former s. 732.28. Section 14, ch. 2011-183 provides: “Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law and shall apply to all proceedings pending before such date and all cases commenced on or after the effective date.” Section 9, ch. 2015-27, provides: “The amendments made by this act to ss. 733.212, 733.2123, 733.3101, and 733.504, Florida Statutes, apply to proceedings commenced on or after July 1, 2015. The law in effect before July 1, 2015, applies to proceedings commenced before that date.”

« Title XLII. », « Ch. 733. », « Pt. II. », « § 733.2121. » Fla. Stat. § 733.2121

§ 733.2121. Notice to creditors; filing of claims. (1) Unless creditors’ claims are otherwise barred by s. 733.710, the personal representative shall promptly publish a notice to creditors. The notice shall contain the name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, the name and address of the personal representative, the name and address of the personal representative’s attorney, and the date of first publication. The notice shall state that creditors must file claims against the estate with the court during the time periods set forth in s. 733.702, or be forever barred. (2) Publication shall be once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered or, if there is no newspaper published in the county, in a newspaper of general circulation in that county. (3)(a) The personal representative shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable, even if the claims are unmatured, contingent, or unliquidated, and shall promptly serve a copy of the notice on those creditors. Impracticable and extended searches are not required. Service is not required on any creditor who has filed a claim as provided in this part, whose claim has been paid in full, or whose claim is listed in a personal representative’s timely filed proof of claim. (b) The personal representative is not individually liable to any person for giving notice under this section, even if it is later determined that notice was not required. The service of notice to creditors in accordance with this section shall not be construed as admitting the validity or enforceability of a claim. (c) If the personal representative in good faith fails to give notice required by this section, the personal representative is not liable to any person for the failure. Liability, if any, for the failure is on the estate. (d) If a decedent at the time of death was 55 years of age or older, the personal representative shall promptly serve a copy of the notice to creditors and provide a copy of the death certificate on the Agency for Health Care

Administration within 3 months after the first publication of the notice to creditors, unless the agency has already filed a statement of claim in the estate proceedings. (e) The personal representative may serve a notice to creditors on the Department of Revenue only when the Department of Revenue is determined to be a creditor under paragraph (a). (4) Claims are barred as provided in ss. 733.702 and 733.710. HISTORY: S. 95, ch. 2001-226; s. 9, ch. 2003-154; s. 4, ch. 2005-140; s. 49, ch. 201736, effective May 25, 2017.

« Title XLII. », « Ch. 733. », « Pt. II. », « § 733.2123. » Fla. Stat. § 733.2123

§ 733.2123. Adjudication before issuance of letters. A petitioner may serve formal notice of the petition for administration on interested persons. A person who is served with such notice before the issuance of letters or who has waived notice may not challenge the validity of the will, testacy of the decedent, venue, or jurisdiction of the court, except in the proceedings before issuance of letters. HISTORY: S. 60, ch. 75-220; s. 2, ch. 81-27; s. 987, ch. 97-102; s. 96, ch. 2001-226; s. 14, ch. 2010-132, eff. Oct. 1, 2010; s. 3, ch. 2015-27, effective July 1, 2015. Editor’s notes. Section 9, ch. 2015-27, provides: “The amendments made by this act to ss. 733.212, 733.2123, 733.3101, and 733.504, Florida Statutes, apply to proceedings commenced on or after July 1, 2015. The law in effect before July 1, 2015, applies to proceedings commenced before that date.”

« Title XLII. », « Ch. 733. », « Pt. II. », « § 733.213. • Fla. Stat. § 733.213

§ 733.213. Probate as prerequisite to judicial construction of will. A will may not be construed until it has been admitted to probate. HISTORY: S. 1, ch. 74-106; s. 61, ch. 75-220; s. 97, ch. 2001-226. Editor’s notes. Created from former s. 732.42.

« Title XLII. », « Ch. 733. », « Pt. III. » Fla. Stat. Title XLII, Ch. 733, Pt. III

PART III. PREFERENCE IN APPOINTMENT AND QUALIFICATIONS OF PERSONAL REPRESENTATIVE. « Title XLII. », « Ch. 733. », « Pt. III. », • § 733.301. » Fla. Stat. § 733.301

§ 733.301. Preference in appointment of personal representative. (1) In granting letters of administration, the following order of preference shall be observed: (a) In testate estates: 1. The personal representative, or his or her successor, nominated by the will or pursuant to a power conferred in the will. 2. The person selected by a majority in interest of the persons entitled to the estate. 3. A devisee under the will. If more than one devisee applies, the court may select the one best qualified. (b) In intestate estates: 1. The surviving spouse. 2. The person selected by a majority in interest of the heirs. 3. The heir nearest in degree. If more than one applies, the court may select the one best qualified. (2) A guardian of the property of a ward who if competent would be entitled to appointment as, or to select, the personal representative may exercise the right to select the personal representative. (3) In either a testate or an intestate estate, if no application is made by any of the persons described in subsection (1), the court shall appoint a capable person; but no person may be appointed under this subsection: (a) Who works for, or holds public office under, the court. (b) Who is employed by, or holds office under, any judge exercising probate jurisdiction.

(4) After letters have been granted in either a testate or an intestate estate, if a person who was entitled to, and has not waived, preference over the person appointed at the time of the appointment and on whom formal notice was not served seeks the appointment, the letters granted may be revoked and the person entitled to preference may have letters granted after formal notice and hearing. (5) After letters have been granted in either a testate or an intestate estate, if any will is subsequently admitted to probate, the letters shall be revoked and new letters granted. HISTORY: S. 1, ch. 74-106; s. 62, ch. 75-220; s. 21, ch. 77-87; s. 1, ch. 77-174; s. 988, ch. 97-102; s. 98, ch. 2001-226. Editor’s notes. Created from former s. 732.44.

« Title XLII. », « Ch. 733. », « Pt. III. », « § 733.302. » Fla. Stat. § 733.302

§ 733.302. Who may be appointed personal representative. Subject to the limitations in this part, any person who is sui juris and is a resident of Florida at the time of the death of the person whose estate is to be administered is qualified to act as personal representative in Florida. HISTORY: S. 1, ch. 74-106; s. 63, ch. 75-220; s. 5, ch. 79-343; s. 989, ch. 97-102; s. 99, ch. 2001-226. Editor’s notes. Created from former s. 732.45.

« Title XLII. », « Ch. 733. », « Pt. III. », « § 733.303. » Fla. Stat. § 733.303

§ 733.303. Persons not qualified. (1) A person is not qualified to act as a personal representative if the person: (a) Has been convicted of a felony. (b) Has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in s. 825.101. (c) Is mentally or physically unable to perform the duties. (d) Is under the age of 18 years. (2) If the person named as personal representative in the will is not qualified, letters shall be granted as provided in s. 733.301. HISTORY: S. 1, ch. 74-106; s. 63, ch. 75-220; s. 22, ch. 77-87; s. 990, ch. 97-102; s. 2, ch. 2021-221, effective July 1, 2021. Editor’s notes. Created from former s. 732.46.

« Title XLII. », « Ch. 733. », « Pt. III. », « § 733.304. » Fla. Stat. § 733.304

§ 733.304. Nonresidents. A person who is not domiciled in the state cannot qualify as personal representative unless the person is: (1) A legally adopted child or adoptive parent of the decedent; (2) Related by lineal consanguinity to the decedent; (3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or (4) The spouse of a person otherwise qualified under this section. HISTORY: S. 1, ch. 74-106; s. 63, ch. 75-220; s. 6, ch. 79-343. Editor’s notes. Created from former s. 732.47.

« Title XLII. », « Ch. 733. », « Pt. III. », « § 733.305. » Fla. Stat. § 733.305

§ 733.305. Trust companies and other corporations and associations. (1) All trust companies incorporated under the laws of Florida, all state banking corporations and state savings associations authorized and qualified to exercise fiduciary powers in Florida, and all national banking associations and federal savings and loan associations authorized and qualified to exercise fiduciary powers in Florida shall be entitled to act as personal representatives and curators of estates. (2) When a qualified corporation has been named as a personal representative in a will and subsequently transfers its business and assets to, consolidates or merges with, or is in any manner provided by law succeeded by, another qualified corporation, on the death of the testator, the successor corporation may qualify as personal representative unless the will provides otherwise. (3) A corporation authorized and qualified to act as a personal representative as a result of merger or consolidation shall succeed to the rights and duties of all predecessor corporations as the personal representative of estates upon filing proof in the court, and without a new appointment. A purchase of substantially all the assets and the assumption of substantially all the liabilities shall be deemed a merger for the purpose of this section. HISTORY: S. 1, ch. 74-106; s. 63, ch. 75-220; s. 1, ch. 77-174; s. 3, ch. 81-27; s. 100, ch. 2001-226. Editor’s notes. Created from former s. 732.49.

« Title XLII. », « Ch. 733. », « Pt. III. », « § 733.306. » Fla. Stat. § 733.306

§ 733.306. Effect of appointment of debtor. The appointment of a debtor as personal representative shall not extinguish the debt due the decedent. HISTORY: S. 1, ch. 74-106; s. 63, ch. 75-220; s. 101, ch. 2001-226. Editor’s notes. Created from former s. 732.51.

« Title XLII. », « Ch. 733. », « Pt. III. », « § 733.307. » Fla. Stat. § 733.307

§ 733.307. Succession of administration. The personal representative of the estate of a deceased personal representative is not authorized to administer the estate of the first decedent. On the death of a sole or surviving personal representative, the court shall appoint a successor personal representative to complete the administration of the estate. HISTORY: S. 1, ch. 74-106; s. 64, ch. 75-220; s. 102, ch. 2001-226. Editor’s notes. Created from former s. 732.52.

« Title XLII. », « Ch. 733. », « Pt. III. », « § 733.308. » Fla. Stat. § 733.308

§ 733.308. Administrator ad litem. When an estate must be represented and the personal representative is unable to do so, the court shall appoint an administrator ad litem without bond to represent the estate in that proceeding. The fact that the personal representative is seeking reimbursement for claims against the decedent does not require appointment of an administrator ad litem. HISTORY: S. 1, ch. 74-106; s. 65, ch. 75-220; s. 103, ch. 2001-226. Editor’s notes. Created from former s. 732.55.

« Title XLII. », « Ch. 733. », « Pt. III. », « § 733.309. » Fla. Stat. § 733.309

§ 733.309. Executor de son tort. No person shall be liable to a creditor of a decedent as executor de son tort, but any person taking, converting, or intermeddling with the property of a decedent shall be liable to the personal representative or curator, when appointed, for the value of all the property so taken or converted and for all damages to the estate caused by the wrongful action. This section shall not be construed to prevent a creditor of a decedent from suing anyone in possession of property fraudulently conveyed by the decedent to set aside the fraudulent conveyance. HISTORY: S. 1, ch. 74-106; s. 65, ch. 75-220; s. 991, ch. 97-102; s. 104, ch. 2001-226.

« Title XLII. », « Ch. 733. », « Pt. III. », « § 733.3101. • Fla. Stat. § 733.3101

§ 733.3101. Personal representative not qualified. (1) A personal representative shall resign immediately if the personal representative knows that he or she was not qualified to act at the time of appointment. (2) Any time a personal representative, who was qualified to act at the time of appointment, knows that he or she would not be qualified for appointment if application for appointment were then made, the personal representative shall promptly file and serve a notice setting forth the reasons. The personal representative’s notice shall state that any interested person may petition to remove the personal representative. An interested person on whom a copy of the personal representative’s notice is served may file a petition requesting the personal representative’s removal within 30 days after the date on which such notice is served. (3) A personal representative who fails to comply with this section shall be personally liable for costs, including attorney fees, incurred in any removal proceeding if the personal representative is removed. This liability extends to a personal representative who does not know, but should have known, of the facts that would have required him or her to resign under subsection (1) or to file and serve notice under subsection (2). This liability shall be cumulative to any other provided by law. (4) As used in this section, the term “qualified” means that the personal representative is qualified under ss. 733.302-733.305. HISTORY: S. 105, ch. 2001-226; s. 4, ch. 2015-27, effective July 1, 2015. Editor’s notes. Section 9, ch. 2015-27, provides: “The amendments made by this act to ss. 733.212, 733.2123, 733.3101, and 733.504, Florida Statutes, apply to proceedings commenced on or after July 1, 2015. The law in effect before July 1, 2015, applies to proceedings commenced before that date.”

« Title XLII. », « Ch. 733. », « Pt. IV. » Fla. Stat. Title XLII, Ch. 733, Pt. IV

PART IV. FIDUCIARY BONDS. « Title XLII. », « Ch. 733. », « Pt. IV. », • § 733.402. » Fla. Stat. § 733.402

§ 733.402. Bond of fiduciary; when required; form. (1) Unless the bond requirement has been waived by the will or by the court, every fiduciary to whom letters are granted shall execute and file a bond with surety, as defined in s. 45.011, to be approved by the clerk without a service fee. The bond shall be payable to the Governor and the Governor’s successors in office, conditioned on the performance of all duties as personal representative according to law. The bond must be joint and several. (2) No bond shall be void or invalid because of an informality in it or an informality or illegality in the appointment of the fiduciary. The bond shall have the same force as if the appointment had been legally made and the bond executed in proper form. (3) The requirements of this section shall not apply to banks and trust companies authorized by law to act as personal representative. (4) On petition by any interested person or on the court’s own motion, the court may waive the requirement of filing a bond, require a bond, increase or decrease the bond, or require additional surety. HISTORY: S. 1, ch. 74-106; s. 67, ch. 75-220; s. 24, ch. 77-87; s. 1, ch. 77-174; s. 992, ch. 97-102; s. 107, ch. 2001-226. Editor’s notes. Created from former s. 732.61.

« Title XLII. », « Ch. 733. », « Pt. IV. », « § 733.403. » Fla. Stat. § 733.403

§ 733.403. Amount of bond. All bonds required by this part shall be in the penal sum that the court deems sufficient after consideration of the gross value of the estate, the relationship of the personal representative to the beneficiaries, exempt property and any family allowance, the type and nature of assets, known creditors, and liens and encumbrances on the assets. HISTORY: S. 1, ch. 74-106; s. 67, ch. 75-220; s. 108, ch. 2001-226. Editor’s notes. Created from former ss. 732.63, 732.64, 732.66.

« Title XLII. », « Ch. 733. », « Pt. IV. », « § 733.404. » Fla. Stat. § 733.404

§ 733.404. Liability of surety. No surety for any personal representative or curator shall be charged beyond the value of the assets of an estate because of any omission or mistake in pleading or of false pleading of the personal representative or curator. HISTORY: S. 1, ch. 74-106; s. 68, ch. 75-220; s. 109, ch. 2001-226. Editor’s notes. Created from former s. 732.65.

« Title XLII. », « Ch. 733. », « Pt. IV. », « § 733.405. » Fla. Stat. § 733.405

§ 733.405. Release of surety. (1) Subject to the limitations of this section, on the petition of any interested person, the surety is entitled to be released from liability for the future acts and omissions of the fiduciary. (2) Pending the hearing of the petition, the court may restrain the fiduciary from acting, except to preserve the estate. (3) On hearing, the court shall enter an order prescribing the amount of the new bond for the fiduciary and the date when the bond shall be filed. If the fiduciary fails to give the new bond, the fiduciary shall be removed at once, and further proceedings shall be had as in cases of removal. (4) The original surety shall remain liable in accordance with the terms of its original bond for all acts and omissions of the fiduciary that occur prior to the approval of the new surety and filing and approval of the bond. The new surety shall be liable on its bond only after the filing and approval of the new bond. HISTORY: S. 1, ch. 74-106; s. 68, ch. 75-220; s. 993, ch. 97-102; s. 110, ch. 2001-226. Editor’s notes. Created from former s. 732.68.

« Title XLII. », « Ch. 733. », « Pt. IV. », « § 733.406. • Fla. Stat. § 733.406

§ 733.406. Bond premium allowable as expense of administration. A personal representative or other fiduciary required to give bond shall pay the reasonable premium as an expense of administration. HISTORY: S. 613, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 253, 566, ch. 82-243; s. 994, ch. 97-102; s. 111, ch. 2001-226. Editor’s notes. Former s. 627.753.

« Title XLII. », « Ch. 733. », « Pt. V. » Fla. Stat. Title XLII, Ch. 733, Pt. V

PART V. CURATORS; RESIGNATION AND REMOVAL OF PERSONAL REPRESENTATIVES. « Title XLII. », « Ch. 733. », « Pt. V. », • § 733.501. » Fla. Stat. § 733.501

§ 733.501. Curators. (1) When it is necessary, the court may appoint a curator after formal notice to the person apparently entitled to letters of administration. The curator may be authorized to perform any duty or function of a personal representative. If there is great danger that any of the decedent’s property is likely to be wasted, destroyed, or removed beyond the jurisdiction of the court and if the appointment of a curator would be delayed by giving notice, the court may appoint a curator without giving notice. (2) Bond shall be required of the curator as the court deems necessary. No bond shall be required of banks and trust companies as curators. (3) Curators shall be allowed reasonable compensation for their services, and the court may consider the provisions of s. 733.617. (4) Curators shall be subject to removal and surcharge. HISTORY: S. 1, ch. 74-106; s. 69, ch. 75-220; s. 1, ch. 77-174; s. 995, ch. 97-102; s. 112, ch. 2001-226; s. 108, ch. 2002-1. Editor’s notes. Created from former s. 732.21.

« Title XLII. », « Ch. 733. », « Pt. V. », « § 733.502. » Fla. Stat. § 733.502

§ 733.502. Resignation of personal representative. A personal representative may resign. After notice to all interested persons, the court may accept the resignation and then revoke the letters of the resigning personal representative if the interests of the estate are not jeopardized by the resignation. The acceptance of the resignation shall not exonerate the personal representative or the surety from liability. HISTORY: S. 1, ch. 74-106; s. 69, ch. 75-220; s. 25, ch. 77-87; s. 996, ch. 97-102; s. 113, ch. 2001-226. Editor’s notes. Created from former s. 734.09.

« Title XLII. », « Ch. 733. », « Pt. V. », « § 733.503. » Fla. Stat. § 733.503

§ 733.503. Appointment of successor upon resignation. When the personal representative’s resignation is accepted, the court shall appoint a personal representative or shall appoint a curator to serve until a successor personal representative is appointed. HISTORY: S. 1, ch. 74-106; s. 69, ch. 75-220; s. 997, ch. 97-102; s. 114, ch. 2001-226. Editor’s notes. Created from former s. 734.10.

« Title XLII. », « Ch. 733. », « Pt. V. », « § 733.5035. » Fla. Stat. § 733.5035

§ 733.5035. Surrender of assets after resignation. When the resignation has been accepted by the court, all estate assets, records, documents, papers, and other property of or concerning the estate in the resigning personal representative’s possession or control shall immediately be surrendered to the successor fiduciary. The court may establish the conditions and specify the assets and records, if any, that the resigning personal representative may retain until the final accounting of the resigning personal representative has been approved. HISTORY: S. 115, ch. 2001-226.

« Title XLII. », « Ch. 733. », « Pt. V. », « § 733.5036. » Fla. Stat. § 733.5036

§ 733.5036. Accounting and discharge following resignation. (1) A resigning personal representative shall file and serve a final accounting of the personal representative’s administration. (2) After determination and satisfaction of the liability, if any, of the resigning personal representative, after compensation of the personal representative and the attorney and other persons employed by the personal representative, and upon receipt of evidence that undistributed estate assets have been delivered to the successor fiduciary, the personal representative shall be discharged, the bond released, and the surety discharged. HISTORY: S. 116, ch. 2001-226.

« Title XLII. », « Ch. 733. », « Pt. V. », « § 733.504. » Fla. Stat. § 733.504

§ 733.504. Removal of personal representative; causes for removal. A personal representative shall be removed and the letters revoked if he or she was not qualified to act at the time of appointment. A personal representative may be removed and the letters revoked for any of the following causes: (1) Adjudication that the personal representative is incapacitated. (2) Physical or mental incapacity rendering the personal representative incapable of the discharge of his or her duties. (3) Failure to comply with any order of the court, unless the order has been superseded on appeal. (4) Failure to account for the sale of property or to produce and exhibit the assets of the estate when so required. (5) Wasting or maladministration of the estate. (6) Failure to give bond or security for any purpose. (7) Conviction of a felony. (8) Insolvency of, or the appointment of a receiver or liquidator for, any corporate personal representative. (9) Holding or acquiring conflicting or adverse interests against the estate that will or may interfere with the administration of the estate as a whole. This cause of removal shall not apply to the surviving spouse because of the exercise of the right to the elective share, family allowance, or exemptions, as provided elsewhere in this code. (10) Revocation of the probate of the decedent’s will that authorized or designated the appointment of the personal representative. (11) Removal of domicile from Florida, if domicile was a requirement of initial appointment. (12) The personal representative was qualified to act at the time of appointment but is not now entitled to appointment.

Removal under this section is in addition to any penalties prescribed by law. HISTORY: S. 1, ch. 74-106; s. 69, ch. 75-220; s. 1, ch. 77-174; s. 998, ch. 97-102; s. 117, ch. 2001-226; s. 10, ch. 2009-115, eff. July 1, 2009; s. 5, ch. 2015-27, effective July 1, 2015. Editor’s notes. Created from former s. 734.11. Section 9, ch. 2015-27, provides: “The amendments made by this act to ss. 733.212, 733.2123, 733.3101, and 733.504, Florida Statutes, apply to proceedings commenced on or after July 1, 2015. The law in effect before July 1, 2015, applies to proceedings commenced before that date.”

« Title XLII. », « Ch. 733. », « Pt. V. », « § 733.505. » Fla. Stat. § 733.505

§ 733.505. Jurisdiction in removal proceedings. A petition for removal shall be filed in the court having jurisdiction of the administration. HISTORY: S. 1, ch. 74-106; s. 118, ch. 2001-226. Editor’s notes. Created from former s. 734.12.

« Title XLII. », « Ch. 733. », « Pt. V. », « § 733.506. » Fla. Stat. § 733.506

§ 733.506. Proceedings for removal. Proceedings for removal of a personal representative may be commenced by the court or upon the petition of an interested person. The court shall revoke the letters of a removed personal representative. The removal of a personal representative shall not exonerate the removed personal representative or the removed personal representative’s surety from any liability. HISTORY: S. 1, ch. 74-106; s. 71, ch. 75-220; s. 119, ch. 2001-226. Editor’s notes. Created from former s. 734.13.

« Title XLII. », « Ch. 733. », « Pt. V. », « § 733.5061. » Fla. Stat. § 733.5061

§ 733.5061. Appointment of successor upon removal. When a personal representative is removed, the court shall appoint a personal representative or shall appoint a curator to serve until a successor personal representative is appointed. HISTORY: S. 120, ch. 2001-226.

« Title XLII. », « Ch. 733. », « Pt. V. », « § 733.508. » Fla. Stat. § 733.508

§

733.508. Accounting and discharge representatives upon removal.

of

removed

personal

(1) A removed personal representative shall file and serve a final accounting of that personal representative’s administration. (2) After determination and satisfaction of the liability, if any, of the removed personal representative, after compensation of that personal representative and the attorney and other persons employed by that personal representative, and upon receipt of evidence that the estate assets have been delivered to the successor fiduciary, the removed personal representative shall be discharged, the bond released, and the surety discharged. HISTORY: S. 1, ch. 74-106; s. 999, ch. 97-102; s. 122, ch. 2001-226. Editor’s notes. Created from former s. 734.15.

« Title XLII. », « Ch. 733. », « Pt. V. », « § 733.509. • Fla. Stat. § 733.509

§ 733.509. Surrender of assets upon removal. Upon entry of an order removing a personal representative, the removed personal representative shall immediately deliver all estate assets, records, documents, papers, and other property of or concerning the estate in the removed personal representative’s possession or control to the remaining personal representative or successor fiduciary. HISTORY: S. 1, ch. 74-106; s. 73, ch. 75-220; s. 123, ch. 2001-226. Editor’s notes. Created from former s. 734.16.

« Title XLII. », « Ch. 733. », « Pt. VI. » Fla. Stat. Title XLII, Ch. 733, Pt. VI

PART VI. DUTIES AND POWERS OF PERSONAL REPRESENTATIVE. « Title XLII. », « Ch. 733. », « Pt. VI. », • § 733.601. » Fla. Stat. § 733.601

§ 733.601. Time of accrual of duties and powers. The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed, occurring before appointment and beneficial to the estate, the same effect as those occurring after appointment. A personal representative may ratify and accept acts on behalf of the estate done by others when the acts would have been proper for a personal representative. HISTORY: S. 1, ch. 74-106; s. 74, ch. 75-220; s. 1000, ch. 97-102; s. 124, ch. 2001226.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.602. » Fla. Stat. § 733.602

§ 733.602. General duties. (1) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of the decedent’s will and this code as expeditiously and efficiently as is consistent with the best interests of the estate. A personal representative shall use the authority conferred by this code, the authority in the will, if any, and the authority of any order of the court, for the best interests of interested persons, including creditors. (2) A personal representative shall not be liable for any act of administration or distribution if the act was authorized at the time. Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a proceeding challenging intestacy or a proceeding questioning the appointment or fitness to continue. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of interested persons. HISTORY: S. 1, ch. 74-106; s. 74, ch. 75-220; s. 27, ch. 77-87; s. 1, ch. 77-174; s. 270, ch. 79-400; s. 3, ch. 89-340; s. 1001, ch. 97-102; s. 125, ch. 2001-226; s. 37, ch. 2006-217, eff. July 1, 2007; s. 11, ch. 2009-115, eff. July 1, 2009.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.603. » Fla. Stat. § 733.603

§ 733.603. Personal representative to proceed without court order. A personal representative shall proceed expeditiously with the settlement and distribution of a decedent’s estate and, except as otherwise specified by this code or ordered by the court, shall do so without adjudication, order, or direction of the court. A personal representative may invoke the jurisdiction of the court to resolve questions concerning the estate or its administration. HISTORY: S. 1, ch. 74-106; s. 1002, ch. 97-102; s. 126, ch. 2001-226.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.604. » Fla. Stat. § 733.604

§ 733.604. Inventories and accountings; public records exemptions. (1)(a) Unless an inventory has been previously filed, a personal representative shall file a verified inventory of property of the estate, listing it with reasonable detail and including for each listed item its estimated fair market value at the date of the decedent’s death. (b)1. Any inventory of an estate, whether initial, amended, or supplementary, filed with the clerk of the court in conjunction with the administration of an estate is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2. Any inventory of an elective estate, whether initial, amended, or supplementary, filed with the clerk of the court in conjunction with an election made in accordance with part II of chapter 732 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 3. Any accounting, whether interim, final, amended, or supplementary, filed with the clerk of court in an estate proceeding is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 4. Any inventory or accounting made confidential and exempt by subparagraph 1., subparagraph 2., or subparagraph 3. shall be disclosed by the custodian for inspection or copying: a. To the personal representative; b. To the personal representative’s attorney; c. To an interested person as defined in s. 731.201; or d. By court order upon a showing of good cause. 5. These exemptions apply to any inventory or accounting filed before, on, or after July 1, 2009. (2) If the personal representative learns of any property not included in the original inventory, or learns that the estimated value or description indicated in the original inventory for any item is erroneous or misleading, the personal representative shall file a verified amended or supplementary

inventory showing any new items and their estimated value at the date of the decedent’s death, or the revised estimated value or description. (3) Upon written request to the personal representative, a beneficiary shall be furnished a written explanation of how the inventory value for an asset was determined, or, if an appraisal was obtained, a copy of the appraisal, as follows: (a) To a residuary beneficiary or heir in an intestate estate, regarding all inventoried assets. (b) To any other beneficiary, regarding all assets distributed or proposed to be distributed to that beneficiary. The personal representative must notify each beneficiary of that beneficiary’s rights under this subsection. Neither a request nor the failure to request information under this subsection affects any rights of a beneficiary in subsequent proceedings concerning any accounting of the personal representative or the propriety of any action of the personal representative. HISTORY: S. 1, ch. 74-106; s. 76, ch. 75-220; s. 1, ch. 80-127; s. 4, ch. 84-106; s. 1, ch. 85-72; s. 29, ch. 85-342; s. 68, ch. 87-226; s. 28, ch. 95-401; s. 1003, ch. 97-102; s. 13, ch. 97-240; s. 127, ch. 2001-226; s. 1, ch. 2009-230, eff. July 1, 2009; s. 1, ch. 2014-82, effective July 1, 2014. Editor’s notes. Section 2, ch. 2009-230 provides: “The Legislature finds that it is a public necessity to exempt from public records requirements all inventories of property of estates of decedents, including amended and supplementary inventories, and all inventories of elective estates of surviving spouses, whether initial, amended, or supplementary. In addition, in order to preserve the privacy of information that would otherwise be available in an accounting filed in an estate proceeding, the Legislature finds that it is a public necessity that all accountings, whether interim, final, amended, or supplementary, filed in the estate proceeding be made exempt from public records requirements. The Legislature finds that the public disclosure of estate inventories and accountings would make public financial information of the decedent that

would produce undue harm to the heirs of the decedent or beneficiaries of the decedent’s estate.” Created from former s. 733.03.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.6065. » Fla. Stat. § 733.6065

§ 733.6065. Opening safe-deposit box. (1) Subject to the provisions of s. 655.936(2), the initial opening of a safe-deposit box that is leased or coleased by the decedent shall be conducted in the presence of any two of the following persons: an employee of the institution where the box is located, the personal representative, or the personal representative’s attorney of record. Each person who is present must verify the contents of the box by signing a copy of the inventory under penalties of perjury. The personal representative shall file the safe-deposit box inventory, together with a copy of the box entry record from a date which is 6 months prior to the date of death to the date of inventory, with the court within 10 days after the box is opened. Unless otherwise ordered by the court, this inventory and the attached box entry record is subject to inspection only by persons entitled to inspect an inventory under s. 733.604(1). The personal representative may remove the contents of the box. (2) The right to open and examine the contents of a safe-deposit box leased by a decedent, or any documents delivered by a decedent for safekeeping, and to receive items as provided for in s. 655.935 is separate from the rights provided for in subsection (1). HISTORY: S. 129, ch. 2001-226; s. 7, ch. 2006-134, eff. July 1, 2006; s. 71, ch. 2006213, eff. October 1, 2006.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.607. » Fla. Stat. § 733.607

§ 733.607. Possession of estate. (1) Except as otherwise provided by a decedent’s will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except the protected homestead, but any real property or tangible personal property may be left with, or surrendered to, the person presumptively entitled to it unless possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by a beneficiary is conclusive evidence that the possession of the property by the personal representative is necessary for the purposes of administration, in any action against the beneficiary for possession of it. The personal representative shall take all steps reasonably necessary for the management, protection, and preservation of the estate until distribution and may maintain an action to recover possession of property or to determine the title to it. (2) If, after providing for statutory entitlements and all devises other than residuary devises, the assets of the decedent’s estate are insufficient to pay the expenses of the administration and obligations of the decedent’s estate, the personal representative is entitled to payment from the trustee of a trust described in s. 733.707(3), in the amount the personal representative certifies in writing to be required to satisfy the insufficiency, subject to the exclusions and preferences under s. 736.05053. The provisions of s. 733.805 shall apply in determining the amount of any payment required by this section. HISTORY: S. 1, ch. 74-106; s. 28, ch. 77-87; s. 9, ch. 93-257; s. 9, ch. 95-401; s. 1005, ch. 97-102; s. 130, ch. 2001-226; s. 1, ch. 2010-122, eff. July 1, 2010. Editor’s notes. Created from former s. 733.01.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.608. » Fla. Stat. § 733.608

§ 733.608. General power of the personal representative. (1) All real and personal property of the decedent, except the protected homestead, within this state and the rents, income, issues, and profits from it shall be assets in the hands of the personal representative: (a) For the payment of devises, family allowance, elective share, estate and inheritance taxes, claims, charges, and expenses of the administration and obligations of the decedent’s estate. (b) To enforce contribution and equalize advancement. (c) For distribution. (2) If property that reasonably appears to the personal representative to be protected homestead is not occupied by a person who appears to have an interest in the property, the personal representative is authorized, but not required, to take possession of that property for the limited purpose of preserving, insuring, and protecting it for the person having an interest in the property, pending a determination of its homestead status. If the personal representative takes possession of that property, any rents and revenues may be collected by the personal representative for the account of the heir or devisee, but the personal representative shall have no duty to rent or otherwise make the property productive. (3) If the personal representative expends funds or incurs obligations to preserve, maintain, insure, or protect the property referenced in subsection (2), the personal representative shall be entitled to a lien on that property and its revenues to secure repayment of those expenditures and obligations incurred. These expenditures and obligations incurred, including, but not limited to, fees and costs, shall constitute a debt owed to the personal representative that is charged against and which may be secured by a lien on the protected homestead, as provided in this section. The debt shall include any amounts paid for these purposes after the decedent’s death and prior to the personal representative’s appointment to the extent later ratified by the personal representative in the court proceeding provided for in this section.

(a) On the petition of the personal representative or any interested person, the court having jurisdiction of the administration of the decedent’s estate shall adjudicate the amount of the debt after formal notice to the persons appearing to have an interest in the property. (b) The persons having an interest in the protected homestead shall have no personal liability for the repayment of the above noted debt. The personal representative may enforce payment of the debt through any of the following methods: 1. By foreclosure of the lien as provided in this section; 2. By offset of the debt against any other property in the personal representative’s possession that otherwise would be distributable to any person having an interest in the protected homestead, but only to the extent of the fraction of the total debt owed to the personal representative the numerator of which is the value of that person’s interest in the protected homestead and the denominator of which is the total value of the protected homestead; or 3. By offset of the debt against the revenues from the protected homestead received by the personal representative. (4) The personal representative’s lien shall attach to the property and take priority as of the date and time a notice of that lien is recorded in the official records of the county where that property is located, and the lien may secure expenditures and obligations incurred, including, but not limited to, fees and costs made before or after recording the notice. The notice of lien may be recorded before adjudicating the amount of the debt. The notice of lien shall also be filed in the probate proceeding, but failure to do so does not affect the validity of the lien. A copy of the notice of lien shall be served in the manner provided for service of formal notice upon each person appearing to have an interest in the property. The notice of lien must state: (a) The name and address of the personal representative and the personal representative’s attorney; (b) The legal description of the property; (c) The name of the decedent and also, to the extent known to the personal representative, the name and address of each person appearing to have an

interest in the property; and (d) That the personal representative has expended or is obligated to expend funds to preserve, maintain, insure, and protect the property and that the lien stands as security for recovery of those expenditures and obligations incurred, including, but not limited to, fees and costs. Substantial compliance with the foregoing provisions renders the notice in comportment with this section. (5) The lien shall terminate upon the earliest of: (a) Recording a satisfaction or release signed by the personal representative in the official records of the county where the property is located; (b) The discharge of the personal representative when the estate administration is complete; (c) One year from the recording of the lien in the official records unless a proceeding to determine the debt or enforce the lien has been filed; or (d) The entry of an order releasing the lien. (6) Within 14 days after receipt of the written request of any interested person, the personal representative shall deliver to the requesting person at a place designated in the written request an estoppel letter setting forth the unpaid balance of the debt secured by the lien referred to in this section. After complete satisfaction of the debt secured by the lien, the personal representative shall record within 30 days after complete payment, a satisfaction of the lien in the official records of the county where the property is located. If a judicial proceeding is necessary to compel compliance with the provisions of this subsection, the prevailing party shall be entitled to an award of attorney’s fees and costs. (7) The lien created by this section may be foreclosed in the manner of foreclosing a mortgage under the provisions of chapter 702. (8) In any action for enforcement of the debt described in this section, the court shall award taxable costs as in chancery actions, including reasonable attorney’s fees. (9) A personal representative entitled to recover a debt for expenditures and obligations incurred, including, but not limited to, fees and costs,

under this section may be relieved of the duty to enforce collection by an order of the court finding: (a) That the estimated court costs and attorney’s fees in collecting the debt will approximate or exceed the amount of the recovery; or (b) That it is impracticable to enforce collection in view of the improbability of collection. (10) A personal representative shall not be liable for failure to attempt to enforce collection of the debt if the personal representative reasonably believes it would have been economically impracticable. (11) The personal representative shall not be liable for failure to take possession of the protected homestead or to expend funds on its behalf. In the event that the property is determined by the court not to be protected homestead, subsections (2)-(10) shall not apply and any liens previously filed shall be deemed released upon recording of the order in the official records of the county where the property is located. (12) Upon the petition of an interested party to accommodate a sale or the encumbrance of the protected homestead, the court may transfer the lien provided for in this section from the property to the proceeds of the sale or encumbrance by requiring the deposit of the proceeds into a restricted account subject to the lien. The court shall have continuing jurisdiction over the funds deposited. The transferred lien shall attach only to the amount asserted by the personal representative, and any proceeds in excess of that amount shall not be subject to the lien or otherwise restricted under this section. Alternatively, the personal representative and the apparent owners of the protected homestead may agree to retain in escrow the amount demanded as reimbursement by the personal representative, to be held there under the continuing jurisdiction of the court pending a final determination of the amount properly reimbursable to the personal representative under this section. (13) This act shall apply to estates of decedents dying after the date on which this act becomes a law. HISTORY: S. 1, ch. 74-106; s. 29, ch. 77-87; s. 131, ch. 2001-226; s. 10, ch. 2003-154;

s. 15, ch. 2010-132, eff. Oct. 1, 2010. Editor’s notes. Created from former s. 733.01(1).

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.609. » Fla. Stat. § 733.609

§ 733.609. Improper exercise of power; breach of fiduciary duty. (1) A personal representative’s fiduciary duty is the same as the fiduciary duty of a trustee of an express trust, and a personal representative is liable to interested persons for damage or loss resulting from the breach of this duty. In all actions for breach of fiduciary duty or challenging the exercise of or failure to exercise a personal representative’s powers, the court shall award taxable costs as in chancery actions, including attorney’s fees. (2) When awarding taxable costs, including attorney’s fees, under this section, the court in its discretion may direct payment from a party’s interest, if any, in the estate or enter a judgment which may be satisfied from other property of the party, or both. (3) This section shall apply to all proceedings commenced hereunder after the effective date, without regard to the date of the decedent’s death. HISTORY: S. 1, ch. 74-106; s. 78, ch. 75-220; s. 1006, ch. 97-102; s. 132, ch. 2001226; s. 11, ch. 2003-154.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.610. » Fla. Stat. § 733.610

§ 733.610. Sale, encumbrance, or transaction involving conflict of interest.— Any sale or encumbrance to the personal representative or the personal representative’s spouse, agent, or attorney, or any corporation, other entity, or trust in which the personal representative, or the personal representative’s spouse, agent, or attorney, has a substantial beneficial or ownership interest, or any transaction that is affected by a conflict of interest on the part of the personal representative, is voidable by any interested person except one who has consented after fair disclosure, unless: (1) The will or a contract entered into by the decedent expressly authorized the transaction; or (2) The transaction is approved by the court after notice to interested persons. HISTORY: S. 1, ch. 74-106; s. 78, ch. 75-220; s. 1007, ch. 97-102; s. 133, ch. 2001226; s. 6, ch. 2020-67, effective July 1, 2020.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.611. » Fla. Stat. § 733.611

§ 733.611. Persons dealing with the personal representative; protection. Except as provided in s. 733.613(1), a person who in good faith either assists or deals for value with a personal representative is protected as if the personal representative acted properly. The fact that a person knowingly deals with the personal representative does not require the person to inquire into the authority of the personal representative. A person is not bound to see to the proper application of estate assets paid or delivered to the personal representative. This protection extends to instances in which a procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is alive. This protection is in addition to any protection afforded by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries. HISTORY: S. 1, ch. 74-106; s. 78, ch. 75-220; s. 30, ch. 77-87; s. 1, ch. 77-174; s. 1008, ch. 97-102; s. 134, ch. 2001-226.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.612. » Fla. Stat. § 733.612

§ 733.612. Transactions authorized for the personal representative; exceptions. Except as otherwise provided by the will or court order, and subject to the priorities stated in s. 733.805, without court order, a personal representative, acting reasonably for the benefit of the interested persons, may properly: (1) Retain assets owned by the decedent, pending distribution or liquidation, including those in which the personal representative is personally interested or that are otherwise improper for fiduciary investments. (2) Perform or compromise, or, when proper, refuse to perform, the decedent’s contracts. In performing the decedent’s enforceable contracts to convey or lease real property, among other possible courses of action, the personal representative may: (a) Convey the real property for cash payment of all sums remaining due or for the purchaser’s note for the sum remaining due, secured by a mortgage on the property. (b) Deliver a deed in escrow, with directions that the proceeds, when paid in accordance with the escrow agreement, be paid as provided in the escrow agreement. (3) Receive assets from fiduciaries or other sources. (4) Invest funds as provided in ss. 518.10-518.14, considering the amount to be invested, liquidity needs of the estate, and the time until distribution will be made. (5) Acquire or dispose of an asset, excluding real property in this or another state, for cash or on credit and at public or private sale, and manage, develop, improve, exchange, partition, or change the character of an estate asset. (6) Make ordinary or extraordinary repairs or alterations in buildings or other structures; demolish improvements; or erect new party walls or buildings.

(7) Enter into a lease, as lessor or lessee, for a term within, or extending beyond, the period of administration, with or without an option to renew. (8) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement. (9) Abandon property when it is valueless or so encumbered, or in a condition, that it is of no benefit to the estate. (10) Vote, or refrain from voting, stocks or other securities in person or by general or limited proxy. (11) Pay calls, assessments, and other sums chargeable or accruing against, or on account of, securities, unless barred by the provisions relating to claims. (12) Hold property in the name of a nominee or in other form without disclosure of the interest of the estate, but the personal representative is liable for any act of the nominee in connection with the property so held. (13) Insure the assets of the estate against damage or loss and insure against personal and fiduciary liability to third persons. (14) Borrow money, with or without security, to be repaid from the estate assets or otherwise, other than real property, and advance money for the protection of the estate. (15) Extend, renew, or in any manner modify any obligation owing to the estate. If the personal representative holds a mortgage, security interest, or other lien upon property of another person, he or she may accept a conveyance or transfer of encumbered assets from the owner in satisfaction of the indebtedness secured by its lien instead of foreclosure. (16) Pay taxes, assessments, and other expenses incident to the administration of the estate. (17) Sell or exercise stock subscription or conversion rights or consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise. (18) Allocate items of income or expense to either estate income or

principal, as permitted or provided by law. (19) Employ persons, including, but not limited to, attorneys, accountants, auditors, appraisers, investment advisers, and others, even if they are one and the same as the personal representative or are associated with the personal representative, to advise or assist the personal representative in the performance of administrative duties; act upon the recommendations of those employed persons without independent investigation; and, instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary. Any fees and compensation paid to a person who is the same as, associated with, or employed by, the personal representative shall be taken into consideration in determining the personal representative’s compensation. (20) Prosecute or defend claims or proceedings in any jurisdiction for the protection of the estate, of the decedent’s property, and of the personal representative. (21) Sell, mortgage, or lease any personal property of the estate or any interest in it for cash, credit, or for part cash or part credit, and with or without security for the unpaid balance. (22) Continue any unincorporated business or venture in which the decedent was engaged at the time of death: (a) In the same business form for a period of not more than 4 months from the date of appointment, if continuation is a reasonable means of preserving the value of the business, including good will. (b) In the same business form for any additional period of time that may be approved by court order. (23) Provide for exoneration of the personal representative from personal liability in any contract entered into on behalf of the estate. (24) Satisfy and settle claims and distribute the estate as provided in this code. (25) Enter into agreements with the proper officer or department head, commissioner, or agent of any department of the government of the United States, waiving the statute of limitations concerning the assessment and collection of any federal tax or any deficiency in a federal tax.

(26) Make partial distribution to the beneficiaries of any part of the estate not necessary to satisfy claims, expenses of administration, taxes, family allowance, exempt property, and an elective share, in accordance with the decedent’s will or as authorized by operation of law. (27) Execute any instruments necessary in the exercise of the personal representative’s powers. HISTORY: S. 1, ch. 74-106; s. 78, ch. 75-220; s. 3, ch. 76-172; s. 31, ch. 77-87; s. 1, ch. 77-174; s. 271, ch. 79-400; s. 1009, ch. 97-102; s. 135, ch. 2001-226; s. 7, ch. 2020-67, effective October 1, 2020.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.6121. » Fla. Stat. § 733.6121

§ 733.6121. Personal representative; powers as to environmental issues relating to property subject to administration; liability. (1) Except as otherwise provided by the will or by court order, and subject to s. 733.805, the personal representative has, without court authorization, the powers specified in subsection (2). (2) A personal representative has the power, acting reasonably and for the benefit of the interested persons: (a) To inspect or investigate, or cause to be inspected or investigated, property subject to administration, including interests in sole proprietorships, partnerships, or corporations and any assets owned by such a business entity for the purpose of determining compliance with an environmental law affecting that property or to respond to an actual or threatened violation of an environmental law affecting that property; (b) To take, on behalf of the estate, any action necessary to prevent, abate, or otherwise remedy an actual or potential violation of an environmental law affecting property subject to administration, either before or after initiation of an enforcement action by a governmental body; (c) To settle or compromise at any time any claim against the estate or the personal representative that may be asserted by a governmental body or private party which involves the alleged violation of an environmental law affecting property subject to administration over which the personal representative has responsibility; (d) To disclaim any power granted by any document, statute, or rule of law which, in the sole judgment of the personal representative, could cause the personal representative to incur personal liability, or the estate to incur liability, under any environmental law; (e) To decline to serve as a personal representative, or having undertaken to serve, to resign at any time, if the personal representative believes that there is or could be a conflict of interest because of potential claims or liabilities that could be asserted on behalf of the estate by reason of the type or condition of the assets held; or

(f) To charge against the assets of the estate the cost of any inspection, investigation, review, abatement, response, cleanup, or remedial action considered reasonable by the personal representative; and, in the event of the closing or termination of the estate or the transfer of the estate property to another personal representative, to hold moneys sufficient to cover the cost of cleaning up any known environmental problem. (3) A personal representative is not personally liable to any beneficiary or any other party for a decrease in value of assets in an estate by reason of the personal representative’s compliance or efforts to comply with an environmental law, specifically including any reporting requirement under that law. (4) A personal representative who acquires ownership or control of a vessel or other property without having owned, operated, or materially participated in the management of that vessel or property before assuming ownership or control as personal representative is not considered an owner or operator for purposes of liability under chapter 376, chapter 403, or any other environmental law. A personal representative who willfully, knowingly, or recklessly causes or exacerbates a release or threatened release of a hazardous substance is personally liable for the cost of the response, to the extent that the release or threatened release is attributable to the personal representative’s activities. This subsection does not preclude the filing of claims against the assets that constitute the estate held by the personal representative or the filing of actions against the personal representative as representative of the estate. In such an action, an award or judgment against the personal representative must be satisfied only from the assets of the estate. (5) Neither the acceptance by the personal representative of the property or a failure by the personal representative to inspect or investigate the property creates any inference of liability under an environmental law with respect to that property. (6) For the purposes of this section, the term “environmental law” means a federal, state, or local law, rule, regulation, or ordinance that relates to protection of the environment or human health, and the term “hazardous substance” means a substance, material, or waste defined as hazardous or toxic, or any contaminant, pollutant, or constituent thereof, or otherwise

regulated by an environmental law. (7) This section applies to any estate admitted to probate on or after July 1, 1995. HISTORY: S. 18, ch. 95-401; s. 1010, ch. 97-102; s. 136, ch. 2001-226.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.613. » Fla. Stat. § 733.613

§ 733.613. Personal representative’s right to sell real property. (1) When a personal representative of an intestate estate, or whose testator has not conferred a power of sale or whose testator has granted a power of sale but the power is so limited by the will or by operation of law that it cannot be conveniently exercised, shall consider that it is for the best interest of the estate and of those interested in it that real property be sold, the personal representative may sell it at public or private sale. No title shall pass until the court authorizes or confirms the sale. No bona fide purchaser shall be required to examine any proceedings before the order of sale. (2) When a decedent’s will confers specific power to sell or mortgage real property or a general power to sell any asset of the estate, the personal representative may sell, mortgage, or lease, without authorization or confirmation of court, any real property of the estate or any interest therein for cash or credit, or for part cash and part credit, and with or without security for unpaid balances. The sale, mortgage, or lease need not be justified by a showing of necessity, and the sale pursuant to power of sale shall be valid. (3) In a sale or mortgage which occurs under a specific power to sell or mortgage real property, or under a court order authorizing or confirming that act, the purchaser or lender takes title free of claims of creditors of the estate and entitlements of estate beneficiaries, except existing mortgages or other liens against real property are not affected. HISTORY: S. 1, ch. 74-106; s. 78, ch. 75-220; s. 1011, ch. 97-102; s. 137, ch. 2001226. Editor’s notes. Created from former s. 733.23.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.614. » Fla. Stat. § 733.614

§ 733.614. Powers and duties of successor personal representative. A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate as expeditiously as possible, but shall not exercise any power made personal to the personal representative named in the will without court approval. HISTORY: S. 1, ch. 74-106; s. 78, ch. 75-220; s. 1012, ch. 97-102; s. 138, ch. 2001226. Editor’s notes. Created from former s. 734.10.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.615. » Fla. Stat. § 733.615

§ 733.615. Joint personal representatives; when joint action required. (1) If two or more persons are appointed joint personal representatives, and unless the will provides otherwise, the concurrence of all joint personal representatives appointed pursuant to a will or codicil executed prior to October 1, 1987, or appointed to administer an intestate estate of a decedent who died prior to October 1, 1987, or of a majority of joint personal representatives appointed pursuant to a will or codicil executed on or after October 1, 1987, or appointed to administer an intestate estate of a decedent dying on or after October 1, 1987, is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any joint personal representative receives and receipts for property due the estate, when the concurrence required under this subsection cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a joint personal representative has been delegated to act for the others. (2) Where action by a majority of the joint personal representatives appointed is authorized, a joint personal representative who has not joined in exercising a power is not liable to the beneficiaries or to others for the consequences of the exercise, and a dissenting joint personal representative is not liable for the consequences of an action in which the dissenting personal representative joins at the direction of the majority of the joint personal representatives, if the dissent is expressed in writing to the other joint personal representatives at or before the time of the action. (3) A person dealing with a joint personal representative without actual knowledge that joint personal representatives have been appointed, or if advised by a joint personal representative that the joint personal representative has authority to act alone for any of the reasons mentioned in subsection (1), is as fully protected in dealing with that joint personal representative as if that joint personal representative possessed and properly exercised the power. HISTORY: S. 1, ch. 74-106; s. 1, ch. 87-317; s. 4, ch. 88-340; s. 1013, ch. 97-102; s.

139, ch. 2001-226. Editor’s notes. Created from former s. 732.50.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.616. » Fla. Stat. § 733.616

§ 733.616. Powers of surviving personal representatives. Unless otherwise provided by the terms of the will or a court order, every power exercisable by joint personal representatives may be exercised by the one or more remaining after the appointment of one or more is terminated. If one or more, but not all, nominated as joint personal representatives are not appointed, those appointed may exercise all powers granted to those nominated. HISTORY: S. 1, ch. 74-106; s. 140, ch. 2001-226. Editor’s notes. Created from former s. 732.52.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.617. » Fla. Stat. § 733.617

§ 733.617. Compensation of personal representative. (1) A personal representative shall be entitled to a commission payable from the estate assets without court order as compensation for ordinary services. The commission shall be based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during administration. (2) A commission computed on the compensable value of the estate is presumed to be reasonable compensation for a personal representative in formal administration as follows: (a) At the rate of 3 percent for the first $1 million. (b) At the rate of 2.5 percent for all above $1 million and not exceeding $5 million. (c) At the rate of 2 percent for all above $5 million and not exceeding $10 million. (d) At the rate of 1.5 percent for all above $10 million. (3) In addition to the previously described commission, a personal representative shall be allowed further compensation as is reasonable for any extraordinary services including, but not limited to: (a) The sale of real or personal property. (b) The conduct of litigation on behalf of or against the estate. (c) Involvement in proceedings for the adjustment or payment of any taxes. (d) The carrying on of the decedent’s business. (e) Dealing with protected homestead. (f) Any other special services which may be necessary for the personal representative to perform. (4) If the will provides that a personal representative’s compensation shall be based upon specific criteria, other than a general reference to commissions allowed by law or words of similar import, including, but not

limited to, rates, amounts, commissions, or reference to the personal representative’s regularly published schedule of fees in effect at the decedent’s date of death, or words of similar import, then a personal representative shall be entitled to compensation in accordance with that provision. However, except for references in the will to the personal representative’s regularly published schedule of fees in effect at the decedent’s date of death, or words of similar import, if there is no written contract with the decedent regarding compensation, a personal representative may renounce the provisions contained in the will and be entitled to compensation under this section. A personal representative may also renounce the right to all or any part of the compensation. (5) If the probate estate’s compensable value is $100,000 or more, and there are two representatives, each personal representative is entitled to the full commission allowed to a sole personal representative. If there are more than two personal representatives and the probate estate’s compensable value is $100,000 or more, the compensation to which two would be entitled must be apportioned among the personal representatives. The basis for apportionment shall be one full commission allowed to the personal representative who has possession of and primary responsibility for administration of the assets and one full commission among the remaining personal representatives according to the services rendered by each of them respectively. If the probate estate’s compensable value is less than $100,000 and there is more than one personal representative, then one full commission must be apportioned among the personal representatives according to the services rendered by each of them respectively. (6) Except as otherwise provided in this section, if the personal representative is a member of The Florida Bar and has rendered legal services in connection with the administration of the estate, then in addition to a fee as personal representative, there also shall be allowed a fee for the legal services rendered. (7) Upon petition of any interested person, the court may increase or decrease the compensation for ordinary services of the personal representative or award compensation for extraordinary services if the facts and circumstances of the particular administration warrant. In determining reasonable compensation, the court shall consider all of the following factors, giving weight to each as it determines to be appropriate:

(a) The promptness, efficiency, and skill with which the administration was handled by the personal representative; (b) The responsibilities assumed by and the potential liabilities of the personal representative; (c) The nature and value of the assets that are affected by the decedent’s death; (d) The benefits or detriments resulting to the estate or interested persons from the personal representative’s services; (e) The complexity or simplicity of the administration and the novelty of the issues presented; (f) The personal representative’s participation in tax planning for the estate and the estate’s beneficiaries and in tax return preparation, review, or approval; (g) The nature of the probate, nonprobate, and exempt assets, the expenses of administration, the liabilities of the decedent, and the compensation paid to other professionals and fiduciaries; (h) Any delay in payment of the compensation after the services were furnished; and (i) Any other relevant factors. (8)(a) An attorney serving as a personal representative, or a person related to the attorney, is not entitled to compensation for serving as a personal representative if the attorney prepared or supervised the execution of the will that nominated the attorney or person related to the attorney as personal representative, unless the attorney or person nominated is related to the testator, or the attorney makes the following disclosures to the testator before the will is executed: 1. Subject to certain statutory limitations, most family members, regardless of their residence, and any other persons who are residents of Florida, including friends and corporate fiduciaries, are eligible to serve as a personal representative; 2. Any person, including an attorney, who serves as a personal representative is entitled to receive reasonable compensation for serving as a

personal representative; and 3. Compensation payable to the personal representative is in addition to any attorney fees payable to the attorney or the attorney’s firm for legal services rendered to the personal representative. (b)1. The testator must execute a written statement acknowledging that the disclosures required under paragraph (a) were made prior to the execution of the will. The written statement must be in a separate writing from the will but may be annexed to the will. The written statement may be executed before or after the execution of the will in which the attorney or related person is nominated as the personal representative. 2. The written statement must be in substantially the following form: I, (Name), declare that: I have designated my attorney, an attorney employed in the same law firm as my attorney, or a person related to my attorney as a nominated personal representative in my will or codicil dated (insert date) Before executing the will or codicil, I was informed that: 1. Subject to certain statutory limitations, most family members, regardless of their residence, and any other individuals who are residents of Florida, including friends and corporate fiduciaries, are eligible to serve as a personal representative. 2. Any person, including an attorney, who serves as a personal representative is entitled to receive reasonable compensation for serving as a personal representative. 3. Compensation payable to the personal representative is in addition to any attorney fees payable to the attorney or the attorney’s firm for legal services rendered to the personal representative.

(c) For purposes of this subsection: 1. An attorney is deemed to have prepared or supervised the execution of a will if the preparation or supervision of the execution of the will was performed by an employee or attorney employed by the same firm as the

attorney at the time the will was executed. 2. A person is “related” to an individual if, at the time the attorney prepared or supervised the execution of the will, the person is: a. A spouse of the individual; b. A lineal ascendant or descendant of the individual; c. A sibling of the individual; d. A relative of the individual or of the individual’s spouse with whom the attorney maintains a close, familial relationship; e. A spouse of a person described in sub-subparagraphs b.-d.; f. A person who cohabitates with the individual; or g. An employee or attorney employed by the same firm as the attorney at the time the will is executed. 3. An attorney or a person related to the attorney is deemed to have been nominated in the will when the will nominates the attorney or the person related to the attorney as personal representative, copersonal representative, successor, or alternate personal representative in the event another person nominated is unable to or unwilling to serve, or provides the attorney or any person related to the attorney with the power to nominate the personal representative and the attorney or person related to the attorney was nominated using that power. (d) Other than compensation payable to the personal representative, this subsection does not limit any rights or remedies that any interested person may have at law or in equity. (e) The failure to obtain an acknowledgment from the testator under this subsection does not disqualify a personal representative from serving and does not affect the validity of a will. (f) This subsection applies to all nominations made pursuant to a will: 1. Executed by a resident of this state on or after October 1, 2020; or 2. Republished by a resident of this state on or after October 1, 2020, if the republished will nominates the attorney who prepared or supervised the execution of the instrument that republished the will, or a person related to

such attorney, as personal representative. HISTORY: S. 1, ch. 74-106; s. 80, ch. 75-220; s. 1, ch. 76-172; s. 5, ch. 88-340; s. 1, ch. 90-129; s. 10, ch. 93-257; s. 1, ch. 95-401; s. 141, ch. 2001-226; s. 109, ch. 2002-1; s. 8, ch. 2020-67, effective October 1, 2020. Editor’s notes. Created from former s. 734.01.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.6171. » Fla. Stat. § 733.6171

§ 733.6171. Compensation of attorney for the personal representative.— (1) Except as provided in paragraph (2)(d), attorneys for personal representatives are entitled to reasonable compensation payable from the estate assets without court order. (2)(a) The attorney, the personal representative, and persons bearing the impact of the compensation may agree to compensation determined in a different manner than provided in this section. Compensation may also be determined in a different manner than provided in this section if the manner is disclosed to the parties bearing the impact of the compensation and if no objection is made as provided for in the Florida Probate Rules. (b) An attorney representing a personal representative in an estate administration who intends to charge a fee based upon the schedule set forth in subsection (3) shall make the following disclosures in writing to the personal representative: 1. There is not a mandatory statutory attorney fee for estate administration. 2. The attorney fee is not required to be based on the size of the estate, and the presumed reasonable fee provided in subsection (3) may not be appropriate in all estate administrations. 3. The fee is subject to negotiation between the personal representative and the attorney. 4. The selection of the attorney is made at the discretion of the personal representative, who is not required to select the attorney who prepared the will. 5. The personal representative shall be entitled to a summary of ordinary and extraordinary services rendered for the fees agreed upon at the conclusion of the representation. The summary shall be provided by counsel and shall consist of the total hours devoted to the representation or a detailed summary of the services performed during the representation. (c) The attorney shall obtain the personal representative’s timely signature acknowledging the disclosures.

(d) If the attorney does not make the disclosures required by this section, the attorney may not be paid for legal services without prior court approval of the fees or the written consent of all interested parties. (3) Subject to subsection (2), compensation for ordinary services of attorneys in a formal estate administration is presumed to be reasonable if based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during the administration as provided in the following schedule: (a) One thousand five hundred dollars for estates having a value of $40,000 or less. (b) An additional $750 for estates having a value of more than $40,000 and not exceeding $70,000. (c) An additional $750 for estates having a value of more than $70,000 and not exceeding $100,000. (d) For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000. (e) At the rate of 2.5 percent for all above $1 million and not exceeding $3 million. (f) At the rate of 2 percent for all above $3 million and not exceeding $5 million. (g) At the rate of 1.5 percent for all above $5 million and not exceeding $10 million. (h) At the rate of 1 percent for all above $10 million. (4) Subject to subsection (2), in addition to fees for ordinary services, the attorney for the personal representative shall be allowed further reasonable compensation for any extraordinary service. What is an extraordinary service may vary depending on many factors, including the size and complexity of the estate. Extraordinary services may include, but are not limited to: (a) Involvement in a will contest, will construction, a proceeding for determination of beneficiaries, a contested claim, elective share proceeding, apportionment of estate taxes, or any adversarial proceeding or litigation by

or against the estate. (b) Representation of the personal representative in audit or any proceeding for adjustment, determination, or collection of any taxes. (c) Tax advice on postmortem tax planning, including, but not limited to, disclaimer, renunciation of fiduciary commission, alternate valuation date, allocation of administrative expenses between tax returns, the QTIP or reverse QTIP election, allocation of GST exemption, qualification for Internal Revenue Code ss. 6166 and 303 privileges, deduction of last illness expenses, fiscal year planning, distribution planning, asset basis considerations, handling income or deductions in respect of a decedent, valuation discounts, special use and other valuation, handling employee benefit or retirement proceeds, prompt assessment request, or request for release of personal liability for payment of tax. (d) Review of estate tax return and preparation or review of other tax returns required to be filed by the personal representative. (e) Preparation of the estate’s federal estate tax return. If this return is prepared by the attorney, a fee of one-half of 1 percent up to a value of $10 million and one-fourth of 1 percent on the value in excess of $10 million of the gross estate as finally determined for federal estate tax purposes, is presumed to be reasonable compensation for the attorney for this service. These fees shall include services for routine audit of the return, not beyond the examining agent level, if required. (f) Purchase, sale, lease, or encumbrance of real property by the personal representative or involvement in zoning, land use, environmental, or other similar matters. (g) Legal advice regarding carrying on of the decedent’s business or conducting other commercial activity by the personal representative. (h) Legal advice regarding claims for damage to the environment or related procedures. (i) Legal advice regarding homestead status of real property or proceedings involving that status and services related to protected homestead. (j) Involvement in fiduciary, employee, or attorney compensation disputes.

(k) Proceedings involving ancillary administration of assets not subject to administration in this state. (5) Upon petition of any interested person, the court may increase or decrease the compensation for ordinary services of the attorney or award compensation for extraordinary services if the facts and circumstances of the particular administration warrant. In determining reasonable compensation, the court shall consider all of the following factors, giving weight to each as it determines to be appropriate: (a) The promptness, efficiency, and skill with which the administration was handled by the attorney. (b) The responsibilities assumed by and the potential liabilities of the attorney. (c) The nature and value of the assets that are affected by the decedent’s death. (d) The benefits or detriments resulting to the estate or interested persons from the attorney’s services. (e) The complexity or simplicity of the administration and the novelty of issues presented. (f) The attorney’s participation in tax planning for the estate and the estate’s beneficiaries and tax return preparation, review, or approval. (g) The nature of the probate, nonprobate, and exempt assets, the expenses of administration, the liabilities of the decedent, and the compensation paid to other professionals and fiduciaries. (h) Any delay in payment of the compensation after the services were furnished. (i) Any agreement relating to the attorney’s compensation and whether written disclosures were made to the personal representative in a timely manner under the circumstances pursuant to subsection (2). (j) Any other relevant factors. (6) If a separate written agreement regarding compensation exists between the attorney and the decedent, the attorney shall furnish a copy to

the personal representative prior to commencement of employment, and, if employed, shall promptly file and serve a copy on all interested persons. A separate agreement or a provision in the will suggesting or directing that the personal representative retain a specific attorney does not obligate the personal representative to employ the attorney or obligate the attorney to accept the representation, but if the attorney who is a party to the agreement or who drafted the will is employed, the compensation paid shall not exceed the compensation provided in the agreement or in the will. HISTORY: S. 4, ch. 93-257; s. 2, ch. 95-401; s. 142, ch. 2001-226; s. 1, ch. 2021-145, effective October 1, 2021. Editor’s notes. Sections 6166 and 303 of the Internal Revenue Code, referred to in this section, are codified as 26 U.S.C.S. §§ 6166 and 303, respectively.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.6175. » Fla. Stat. § 733.6175

§ 733.6175. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. (1) The court may review the propriety of the employment of any person employed by the personal representative and the reasonableness of any compensation paid to that person or to the personal representative. (2) Court proceedings to determine reasonable compensation of the personal representative or any person employed by the personal representative, if required, are a part of the estate administration process, and the costs, including attorneys’ fees, of the person assuming the burden of proof of propriety of the employment and reasonableness of the compensation shall be determined by the court and paid from the assets of the estate unless the court finds the requested compensation to be substantially unreasonable. The court shall direct from which part of the estate the compensation shall be paid. (3) The burden of proof of propriety of the employment and the reasonableness of the compensation shall be upon the personal representative and the person employed. Any person who is determined to have received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds. (4) The court may determine reasonable compensation for the personal representative or any person employed by the personal representative without receiving expert testimony. Any party may offer expert testimony after notice to interested persons. If expert testimony is offered, a reasonable expert witness fee shall be awarded by the court and paid from the assets of the estate. The court shall direct from what part of the estate the fee shall be paid. HISTORY: S. 2, ch. 76-172; s. 1014, ch. 97-102; s. 143, ch. 2001-226.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.619. » Fla. Stat. § 733.619

§ 733.619. Individual liability of personal representative. (1) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract, except a contract for attorney’s fee, properly entered into as fiduciary unless the personal representative fails to reveal that representative capacity and identify the estate in the contract. (2) A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if personally at fault. (3) Claims based on contracts, except a contract for attorney’s fee, entered into by a personal representative as a fiduciary, on obligations arising from ownership or control of the estate, or on torts committed in the course of estate administration, may be asserted against the estate by proceeding against the personal representative in that capacity, whether or not the personal representative is individually liable. (4) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding. HISTORY: S. 82, ch. 75-220; s. 32, ch. 77-87; s. 228, ch. 77-104; s. 1015, ch. 97-102; s. 144, ch. 2001-226.

« Title XLII. », « Ch. 733. », « Pt. VI. », « § 733.620. • Fla. Stat. § 733.620

§ 733.620. Exculpation of personal representative. (1) A term of a will relieving a personal representative of liability to a beneficiary for breach of fiduciary duty is unenforceable to the extent that the term: (a) Relieves the personal representative of liability for breach of fiduciary duty committed in bad faith or with reckless indifference to the purposes of the will or the interests of interested persons; or (b) Was inserted into the will as the result of an abuse by the personal representative of a fiduciary or confidential relationship with the testator. (2) An exculpatory term drafted or caused to be drafted by the personal representative is invalid as an abuse of a fiduciary or confidential relationship unless: (a) The personal representative proves that the exculpatory term is fair under the circumstances. (b) The term’s existence and contents were adequately communicated directly to the testator or to the independent attorney of the testator. This paragraph applies only to wills created on or after July 1, 2007. HISTORY: S. 15, ch. 2007-74, eff. July 1, 2007.

« Title XLII. », « Ch. 733. », « Pt. VII. » Fla. Stat. Title XLII, Ch. 733, Pt. VII

PART VII. CREDITORS’ CLAIMS. « Title XLII. », « Ch. 733. », « Pt. VII. », • § 733.701. » Fla. Stat. § 733.701

§ 733.701. Notifying creditors. Unless creditors’ claims are otherwise barred by s. 733.710, every personal representative shall cause notice to creditors to be published and served under s. 733.2121. HISTORY: S. 1, ch. 74-106; s. 83, ch. 75-220; s. 33, ch. 77-87; s. 4, ch. 89-340; s. 145, ch. 2001-226; s. 31, ch. 2003-154. Editor’s notes. Section 31, ch. 2003-154 reenacted 733.701 without change to incorporate amendments to statutory sections referenced therein. Created from former s. 733.15.

« Title XLII. », « Ch. 733. », « Pt. VII. », « § 733.702. » Fla. Stat. § 733.702

§ 733.702. Limitations on presentation of claims. (1) If not barred by s. 733.710, no claim or demand against the decedent’s estate that arose before the death of the decedent, including claims of the state and any of its political subdivisions, even if the claims are unmatured, contingent, or unliquidated; no claim for funeral or burial expenses; no claim for personal property in the possession of the personal representative; and no claim for damages, including, but not limited to, an action founded on fraud or another wrongful act or omission of the decedent, is binding on the estate, on the personal representative, or on any beneficiary unless filed in the probate proceeding on or before the later of the date that is 3 months after the time of the first publication of the notice to creditors or, as to any creditor required to be served with a copy of the notice to creditors, 30 days after the date of service on the creditor, even though the personal representative has recognized the claim or demand by paying a part of it or interest on it or otherwise. The personal representative may settle in full any claim without the necessity of the claim being filed when the settlement has been approved by the interested persons. (2) No cause of action, including, but not limited to, an action founded upon fraud or other wrongful act or omission, shall survive the death of the person against whom the claim may be made, whether or not an action is pending at the death of the person, unless a claim is filed within the time periods set forth in this part. (3) Any claim not timely filed as provided in this section is barred even though no objection to the claim is filed unless the court extends the time in which the claim may be filed. An extension may be granted only upon grounds of fraud, estoppel, or insufficient notice of the claims period. No independent action or declaratory action may be brought upon a claim which was not timely filed unless an extension has been granted by the court. If the personal representative or any other interested person serves on the creditor a notice to file a petition for an extension, the creditor shall be limited to a period of 30 days from the date of service of the notice in which to file a petition for extension.

(4) Nothing in this section affects or prevents: (a) A proceeding to enforce any mortgage, security interest, or other lien on property of the decedent. (b) To the limits of casualty insurance protection only, any proceeding to establish liability that is protected by the casualty insurance. (c) The filing of a cross-claim or counterclaim against the estate in an action instituted by the estate; however, no recovery on a cross-claim or counterclaim shall exceed the estate’s recovery in that action. (5) Nothing in this section shall extend the limitations period set forth in s. 733.710. HISTORY: S. 1, ch. 74-106; s. 84, ch. 75-220; s. 2, ch. 80-127; s. 4, ch. 81-27; s. 160, ch. 83-216; s. 5, ch. 84-106; s. 4, ch. 85-79; s. 6, ch. 88-340; s. 5, ch. 89-340; s. 4, ch. 90-23; s. 1016, ch. 97-102; s. 146, ch. 2001-226; s. 6, ch. 2002-82; s. 26, ch. 2006-312, eff. January 1, 2007; s. 21, ch. 2010-4, eff. June 29, 2010. Revisor’s note. Former subsection (5), which authorized the Department of Revenue to file a claim against the estate of a decedent for taxes due under chapter 199 after the expiration of the time for filing claims provided in subsection (1), if the department filed its claim within 30 days after the service of the inventory, was repealed by s. 26, ch. 2006-312, Laws of Florida, effective January 1, 2009. Since the subsection was not repealed by a “current session” of the Legislature, ch. 2010-4, a reviser’s bill, also repealed the subsection. See s. 11.242(5)(b) and (i). Editor’s notes. Created from former s. 733.16. Section 23, ch. 2010-4 provides: “This act shall take effect on the 60th day after adjournment sine die of the session of the Legislature in which enacted.”

« Title XLII. », « Ch. 733. », « Pt. VII. », « § 733.703. » Fla. Stat. § 733.703

§ 733.703. Form and manner of presenting claim. (1) A creditor shall file a written statement of the claim. No additional charge may be imposed by a claimant who files a claim against the estate. (2) Within the time allowed by s. 733.702, the personal representative may file a proof of claim of all claims he or she has paid or intends to pay. A claimant whose claim is listed in a personal representative’s proof of claim shall be deemed to have filed a statement of the claim listed. Except as provided otherwise in this part, the claim shall be treated as if the claimant had filed it. HISTORY: S. 1, ch. 74-106; s. 84, ch. 75-220; s. 5, ch. 81-27; s. 5, ch. 85-79; s. 6, ch. 89-340; s. 147, ch. 2001-226. Editor’s notes. Created from former s. 733.16.

« Title XLII. », « Ch. 733. », « Pt. VII. », « § 733.704. » Fla. Stat. § 733.704

§ 733.704. Amendment of claims. If a bona fide attempt to file a claim is made but the claim is defective as to form, the court may permit the amendment of the claim at any time. HISTORY: S. 1, ch. 74-106; s. 1, ch. 77-174; s. 148, ch. 2001-226. Editor’s notes. Created from former s. 733.17.

« Title XLII. », « Ch. 733. », « Pt. VII. », « § 733.705. » Fla. Stat. § 733.705

§ 733.705. Payment of and objection to claims. (1) The personal representative shall pay all claims within 1 year from the date of first publication of notice to creditors, provided that the time shall be extended with respect to claims in litigation, unmatured claims, and contingent claims for the period necessary to dispose of those claims pursuant to subsections (5), (6), (7), and (8). The court may extend the time for payment of any claim upon a showing of good cause. No personal representative shall be compelled to pay the debts of the decedent until after the expiration of 5 months from the first publication of notice to creditors. If any person brings an action against a personal representative within the 5 months on any claim to which the personal representative has not filed an objection, the plaintiff shall not receive any costs or attorneys’ fees, nor shall the judgment change the class of the claim for payment under this code. (2) On or before the expiration of 4 months from the first publication of notice to creditors or within 30 days from the timely filing or amendment of a claim, whichever occurs later, a personal representative or other interested person may file a written objection to a claim. If an objection is filed, the person filing it shall serve a copy of the objection as provided by the Florida Probate Rules. The failure to serve a copy of the objection constitutes an abandonment of the objection. For good cause, the court may extend the time for filing or serving an objection to any claim. Objection to a claim constitutes an objection to an amendment of that claim unless the objection is withdrawn. (3) If the objection is filed by a person other than the personal representative, the personal representative may apply to the court for an order relieving him or her from the obligation to defend the estate in an independent action or for the appointment of the objector as administrator ad litem to defend the action. Fees for the attorney for the administrator ad litem may be awarded as provided in s. 733.106(3). If costs or attorney’s fees are awarded from or against the estate, the probate court may charge or apportion that award as provided in s. 733.106(4).

(4) An objection by an interested person to a personal representative’s proof of claim shall state the particular item or items to which the interested person objects and shall be filed and served as provided in subsection (2). Issues of liability as between the estate and the personal representative individually for items listed in a personal representative’s proof of claim shall be determined in the estate administration, in a proceeding for accounting or surcharge, or in another appropriate proceeding, whether or not an objection has been filed. If an objection to an item listed as to be paid in a personal representative’s proof of claim is filed and served, and the personal representative has not paid the item, the other subsections of this section shall apply as if a claim for the item had been filed by the claimant; but if the personal representative has paid the claim after listing it as to be paid, issues of liability as between the estate and the personal representative individually shall be determined in the manner provided for an item listed as paid. (5) The claimant is limited to a period of 30 days from the date of service of an objection within which to bring an independent action upon the claim, or a declaratory action to establish the validity and amount of an unmatured claim which is not yet due but which is certain to become due in the future, or a declaratory action to establish the validity of a contingent claim upon which no cause of action has accrued on the date of service of an objection and that may or may not become due in the future, unless an extension of this time is agreed to by the personal representative in writing before it expires. (a) For good cause, the court may extend the time for filing an action or proceeding after objection is filed. No action or proceeding on the claim may be brought against the personal representative after the time limited above, and the claim is barred without court order. (b) If an action or proceeding by the claimant is pending against the decedent at the time of the decedent’s death, the requirement to bring an independent action is satisfied if, within 30 days after the filing of an objection to the claim: 1. A motion complying with all applicable rules of procedure is filed, or a similar procedure is initiated, to substitute the proper party; or 2. An order substituting the proper party is entered.

(c) If the decedent entered into a binding arbitration agreement relating to the claim during his or her lifetime, or if arbitration is required under s. 731.401, the requirement to bring an independent action is satisfied if, within 30 days after the filing of an objection to the claim, a motion to compel arbitration against the proper party is initiated, as provided for in s. 682.03. (d) If arbitration was commenced before the decedent’s death, the requirement to bring an independent action is satisfied if, within 30 days after the filing of an objection to the claim, notice is given to the proper party. If the arbitration was commenced by order of the court, the notice must take the form of a timely filed motion, complying with all applicable rules of procedure, to substitute the proper party. (e) If an objection is filed to the claim of any claimant and the claimant brings an action to establish the claim, a judgment establishing the claim shall give it no priority over claims of the same class to which it belongs. (6) A claimant may bring an independent action or declaratory action upon a claim which was not timely filed pursuant to s. 733.702(1) only if the claimant has been granted an extension of time to file the claim pursuant to s. 733.702(3). (7) If an unmatured claim has not become due before the time for distribution of an estate, the personal representative may prepay the full amount of principal plus accrued interest due on the claim, without discount and without penalty, regardless of any prohibition against prepayment or provision for penalty in any instrument on which the claim is founded. If the claim is not prepaid, no order of discharge may be entered until the creditor and personal representative have filed an agreement disposing of the claim, or in the absence of an agreement until the court provides for payment by one of the following methods: (a) Requiring the personal representative to reserve such assets as the court determines to be adequate to pay the claim when it becomes due; in fixing the amount to be reserved, the court may determine the value of any security or collateral to which the creditor may resort for payment of the claim and may direct the reservation, if necessary, of sufficient assets to pay the claim or to pay the difference between the value of any security or collateral and the amount necessary to pay the claim. If the estate is insolvent, the court may direct a proportionate amount to be reserved. The court shall direct that the

amount reserved be retained by the personal representative until the time that the claim becomes due, and that so much of the reserved amount as is not used for payment be distributed according to law; (b) Requiring that the claim be adequately secured by a mortgage, pledge, bond, trust, guaranty, or other security, as may be determined by the court, the security to remain in effect until the time the claim becomes due, and so much of the security or collateral as is not needed for payment be distributed according to law; or (c) Making provisions for the disposition or satisfaction of the claim as are equitable, and in a manner so as not to delay unreasonably the closing of the estate. (8) If no cause of action has accrued on a contingent claim before the time for distribution of an estate, no order of discharge may be entered until the creditor and the personal representative have filed an agreement disposing of the claim or, in the absence of an agreement, until: (a) The court determines that the claim is adequately secured or that it has no value, (b) Three months from the date on which a cause of action accrues upon the claim, provided that no action on the claim is then pending, (c) Five years from the date of first publication of notice to creditors, or (d) The court provides for payment of the claim upon the happening of the contingency by one of the methods described in paragraph (a), paragraph (b), or paragraph (c) of subsection (7), whichever occurs first. No action or proceeding on the claim may be brought against the personal representative after the time limited above, and the claim is barred without court order. If an objection is filed to the claim of any creditor and the creditor brings an action to establish the claim, a judgment establishing the claim shall give it no priority over claims of the same class to which it belongs. (9) Interest shall be paid by the personal representative on written obligations of the decedent providing for the payment of interest. On all other claims, interest shall be allowed and paid beginning 5 months from the first publication of the notice to creditors.

(10) The court may determine all issues concerning claims or matters not requiring trial by jury. (11) An order for extension of time authorized under this section may be entered only in the estate administration proceeding. HISTORY: S. 1, ch. 74-106; s. 86, ch. 75-220; s. 34, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 84-25; s. 1, ch. 86-249; s. 7, ch. 88-340; s. 7, ch. 89-340; s. 2, ch. 91-61; s. 1017, ch. 97-102; s. 149, ch. 2001-226; s. 1, ch. 2022-101, effective July 1, 2022. Editor’s notes. Created from former s. 733.18.

« Title XLII. », « Ch. 733. », « Pt. VII. », « § 733.706. » Fla. Stat. § 733.706

§ 733.706. Executions and levies. Except upon approval by the court, no execution or other process shall issue on or be levied against property of the estate. An order approving execution or other process to be levied against property of the estate may be entered only in the estate administration proceeding. Claims on all judgments against a decedent shall be filed in the same manner as other claims against estates of decedents. This section shall not be construed to prevent the enforcement of mortgages, security interests, or liens encumbering specific property. HISTORY: S. 1, ch. 74-106; s. 86, ch. 75-220; s. 8, ch. 89-340. Editor’s notes. Created from former s. 733.19.

« Title XLII. », « Ch. 733. », « Pt. VII. », « § 733.707. » Fla. Stat. § 733.707

§ 733.707. Order of payment of expenses and obligations. (1) The personal representative shall pay the expenses of the administration and obligations of the decedent’s estate in the following order: (a) Class 1. — Costs, expenses of administration, and compensation of personal representatives and their attorneys fees and attorneys fees awarded under s. 733.106(3). (b) Class 2. — Reasonable funeral, interment, and grave marker expenses, whether paid by a guardian, the personal representative, or any other person, not to exceed the aggregate of $6,000. (c) Class 3. — Debts and taxes with preference under federal law, claims pursuant to ss. 409.9101 and 414.28, and claims in favor of the state for unpaid court costs, fees, or fines. (d) Class 4. — Reasonable and necessary medical and hospital expenses of the last 60 days of the last illness of the decedent, including compensation of persons attending the decedent. (e) Class 5. — Family allowance. (f) Class 6. — Arrearage from court-ordered child support. (g) Class 7. — Debts acquired after death by the continuation of the decedent’s business, in accordance with s. 733.612(22), but only to the extent of the assets of that business. (h) Class 8. — All other claims, including those founded on judgments or decrees rendered against the decedent during the decedent’s lifetime, and any excess over the sums allowed in paragraphs (b) and (d). (2) After paying any preceding class, if the estate is insufficient to pay all of the next succeeding class, the creditors of the latter class shall be paid ratably in proportion to their respective claims. (3) Any portion of a trust with respect to which a decedent who is the grantor has at the decedent’s death a right of revocation, as defined in

paragraph (e), either alone or in conjunction with any other person, is liable for the expenses of the administration and obligations of the decedent’s estate to the extent the decedent’s estate is insufficient to pay them as provided in ss. 733.607(2) and 736.05053. (a) For purposes of this subsection, any trusts established as part of, and all payments from, either an employee annuity described in s. 403 of the Internal Revenue Code of 1986, as amended, an Individual Retirement Account, as described in s. 408 of the Internal Revenue Code of 1986, as amended, a Keogh (HR-10) Plan, or a retirement or other plan established by a corporation which is qualified under s. 401 of the Internal Revenue Code of 1986, as amended, shall not be considered a trust over which the decedent has a right of revocation. (b) For purposes of this subsection, any trust described in s. 664 of the Internal Revenue Code of 1986, as amended, shall not be considered a trust over which the decedent has a right of revocation. (c) This subsection shall not impair any rights an individual has under a qualified domestic relations order as that term is defined in s. 414(p) of the Internal Revenue Code of 1986, as amended. (d) For purposes of this subsection, property held or received by a trust to the extent that the property would not have been subject to claims against the decedent’s estate if it had been paid directly to a trust created under the decedent’s will or other than to the decedent’s estate, or assets received from any trust other than a trust described in this subsection, shall not be deemed assets of the trust available to the decedent’s estate. (e) For purposes of this subsection, a “right of revocation” is a power retained by the decedent, held in any capacity, to: 1. Amend or revoke the trust and revest the principal of the trust in the decedent; or 2. Withdraw or appoint the principal of the trust to or for the decedent’s benefit. HISTORY: S. 1, ch. 74-106; s. 86, ch. 75-220; s. 35, ch. 77-87; s. 7, ch. 85-79; s. 69, ch. 87-226; s. 20, ch. 93-208; s. 11, ch. 93-257; s. 10, ch. 95-401; s. 1018, ch.

97-102; s. 3, ch. 97-240; s. 150, ch. 2001-226; s. 2, ch. 2010-122, eff. July 1, 2010; s. 17, ch. 2012-100, eff. July 1, 2012. Editor’s notes. Created from former s. 733.20. Sections 401, 403, 408, 414, and 664 of the Internal Revenue Code, referred to in this section, are codified as 26 U.S.C.S. §§ 401, 403, 408, 414, and 664.

« Title XLII. », « Ch. 733. », « Pt. VII. », « § 733.708. » Fla. Stat. § 733.708

§ 733.708. Compromise. When a proposal is made to compromise any claim, whether in suit or not, by or against the estate of a decedent or to compromise any question concerning the distribution of a decedent’s estate, the court may enter an order authorizing the compromise if satisfied that the compromise will be for the best interest of the interested persons. The order shall relieve the personal representative of liability or responsibility for the compromise. Claims against the estate may not be compromised until after the time for filing objections to claims has expired. HISTORY: S. 1, ch. 74-106; s. 86, ch. 75-220; s. 151, ch. 2001-226. Editor’s notes. Created from former s. 733.21.

« Title XLII. », « Ch. 733. », « Pt. VII. », « § 733.710. • Fla. Stat. § 733.710

§ 733.710. Limitations on claims against estates. (1) Notwithstanding any other provision of the code, 2 years after the death of a person, neither the decedent’s estate, the personal representative, if any, nor the beneficiaries shall be liable for any claim or cause of action against the decedent, whether or not letters of administration have been issued, except as provided in this section. (2) This section shall not apply to a creditor who has filed a claim pursuant to s. 733.702 within 2 years after the person’s death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705. (3) This section shall not affect the lien of any duly recorded mortgage or security interest or the lien of any person in possession of personal property or the right to foreclose and enforce the mortgage or lien. HISTORY: S. 1, ch. 74-106; s. 50, ch. 75-220; s. 36, ch. 77-87; s. 9, ch. 89-340; s. 152, ch. 2001-226. Editor’s notes. Created from former s. 734.29(1).

« Title XLII. », « Ch. 733. », « Pt. VIII. » Fla. Stat. Title XLII, Ch. 733, Pt. VIII

PART VIII. SPECIAL PROVISIONS FOR DISTRIBUTION. « Title XLII. », « Ch. 733. », « Pt. VIII. », • § 733.801. » Fla. Stat. § 733.801

§ 733.801. Delivery of devises and distributive shares. (1) No personal representative shall be required to pay or deliver any devise or distributive share or to surrender possession of any land to any beneficiary until the expiration of 5 months from the granting of letters. (2) Except as otherwise provided in the will, the personal representative shall pay as an expense of administration the reasonable expenses of storage, insurance, packing, and delivery of tangible personal property to a beneficiary. HISTORY: S. 1, ch. 74-106; s. 86, ch. 75-220; s. 153, ch. 2001-226. Editor’s notes. Created from former s. 734.02.

« Title XLII. », « Ch. 733. », « Pt. VIII. », « § 733.802. » Fla. Stat. § 733.802

§ 733.802. Proceedings for compulsory payment of devises or distributive interest. (1) Before final distribution, no personal representative shall be compelled: (a) To pay a devise in money before the final settlement of the personal representative’s accounts, (b) To deliver specific personal property devised, unless the personal property is exempt personal property, (c) To pay all or any part of a distributive share in the personal estate of a decedent, or (d) To surrender land to any beneficiary, unless the beneficiary establishes that the property will not be required for the payment of debts, family allowance, estate and inheritance taxes, claims, elective share of the surviving spouse, charges, or expenses of administration or to provide funds for contribution or to enforce equalization in case of advancements. (2) An order directing the surrender of real property or the delivery of personal property by the personal representative to the beneficiary shall be conclusive in favor of bona fide purchasers for value from the beneficiary or distributee as against the personal representative and all other persons claiming by, through, under, or against the decedent or the decedent’s estate. (3) If the administration of the estate has not been completed before the entry of an order of partial distribution, the court may require the person entitled to distribution to give a bond with sureties as prescribed in s. 45.011, conditioned on the making of due contribution for the payment of devises, family allowance, estate and inheritance taxes, claims, elective share of the spouse, charges, expenses of administration, and equalization in case of advancements, plus any interest on them. HISTORY:

S. 1, ch. 74-106; s. 86, ch. 75-220; s. 37, ch. 77-87; s. 1, ch. 77-174; s. 272, ch. 79-400; s. 1019, ch. 97-102; s. 154, ch. 2001-226. Editor’s notes. Created from former s. 734.03.

« Title XLII. », « Ch. 733. », « Pt. VIII. », « § 733.803. » Fla. Stat. § 733.803

§ 733.803. Encumbered property; liability for payment. The specific devisee of any encumbered property shall be entitled to have the encumbrance on devised property paid at the expense of the residue of the estate only when the will shows that intent. A general direction in the will to pay debts does not show that intent. HISTORY: S. 1, ch. 74-106; s. 86, ch. 75-220; s. 155, ch. 2001-226. Editor’s notes. Created from former s. 734.051.

« Title XLII. », « Ch. 733. », « Pt. VIII. », « § 733.805. » Fla. Stat. § 733.805

§ 733.805. Order in which assets abate. (1) Funds or property designated by the will shall be used to pay debts, family allowance, exempt property, elective share charges, expenses of administration, and devises, to the extent the funds or property is sufficient. If no provision is made or the designated fund or property is insufficient, the funds and property of the estate shall be used for these purposes, and to raise the shares of a pretermitted spouse and children, except as otherwise provided in subsections (3) and (4), in the following order: (a) Property passing by intestacy. (b) Property devised to the residuary devisee or devisees. (c) Property not specifically or demonstratively devised. (d) Property specifically or demonstratively devised. (2) Demonstrative devises shall be classed as general devises upon the failure or insufficiency of funds or property out of which payment should be made, to the extent of the insufficiency. Devises to the decedent’s surviving spouse, given in satisfaction of, or instead of, the surviving spouse’s statutory rights in the estate, shall not abate until other devises of the same class are exhausted. Devises given for a valuable consideration shall abate with other devises of the same class only to the extent of the excess over the amount of value of the consideration until all others of the same class are exhausted. Except as herein provided, devises shall abate equally and ratably and without preference or priority as between real and personal property. When property that has been specifically devised or charged with a devise is sold or used by the personal representative, other devisees shall contribute according to their respective interests to the devisee whose devise has been sold or used. The amounts of the respective contributions shall be determined by the court and shall be paid or withheld before distribution is made. (3) Section 733.817 shall be applied before this section is applied. (4) In determining the contribution required under s. 733.607(2),

subsections (1)-(3) of this section and s. 736.05053(2) shall be applied as if the beneficiaries of the estate and the beneficiaries of a trust described in s. 733.707(3), other than the estate or trust itself, were taking under a common instrument. HISTORY: S. 1, ch. 74-106; s. 88, ch. 75-220; s. 1, ch. 77-174; s. 1020, ch. 97-102; s. 156, ch. 2001-226; s. 38, ch. 2006-217, eff. July 1, 2007. Editor’s notes. Created from former s. 734.05.

« Title XLII. », « Ch. 733. », « Pt. VIII. », « § 733.806. » Fla. Stat. § 733.806

§ 733.806. Advancement. If a person dies intestate, property that the decedent gave during lifetime to an heir is treated as an advancement against the heir’s share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir. The property advanced shall be valued at the time the heir came into possession or enjoyment of the property or at the time of the death of the decedent, whichever first occurs. If the recipient of the property does not survive the decedent, the property shall not be taken into account in computing the intestate share to be received by the recipient’s descendants unless the declaration or acknowledgment provides otherwise. HISTORY: S. 1, ch. 74-106; s. 1021, ch. 97-102; s. 157, ch. 2001-226. Editor’s notes. Created from former s. 734.07.

« Title XLII. », « Ch. 733. », « Pt. VIII. », « § 733.808. » Fla. Stat. § 733.808

§ 733.808. Death benefits; disposition of proceeds. (1) Death benefits of any kind, including, but not limited to, proceeds of: (a) An individual life insurance policy; (b) A group life insurance policy; (c) A benefit plan as defined by s. 710.102; (d) An annuity or endowment contract; and (e) A health or accident policy, may be made payable to the trustee under a trust agreement or declaration of trust in existence at the time of the death of the insured, employee, or annuitant or the owner of or participant in the benefit plan. The death benefits shall be held and disposed of by the trustee in accordance with the terms of the trust as they appear in writing on the date of the death of the insured, employee, annuitant, owner, or participant. It shall not be necessary to the validity of the trust agreement or declaration of trust, whether revocable or irrevocable, that it have a trust corpus other than the right of the trustee to receive death benefits. (2) Death benefits of any kind, including, but not limited to, proceeds of: (a) An individual life insurance policy; (b) A group life insurance policy; (c) A benefit plan as defined in s. 710.102; (d) An annuity or endowment contract; and (e) A health or accident policy, may be made payable to the trustee named, or to be named, in a written instrument that is admitted to probate as the last will of the insured, the owner of the policy, the employee, owner, or participant covered by the plan or contract, or any other person, whether or not the will is in existence at the time of designation. Upon the admission of the will to probate, the death benefits shall be paid to the trustee, to be held, administered, and

disposed of in accordance with the terms of the trust or trusts created by the will. (3) In the event no trustee makes proper claim to the proceeds from the insurance company or other obligor within a period of 6 months after the date of the death of the insured, employee, annuitant, owner, or participant, or if satisfactory evidence is furnished to the insurance company or obligor within that period that there is, or will be, no trustee to receive the proceeds, payment shall be made by the insurance company or obligor to the personal representative of the person making the designation, unless otherwise provided by agreement with the insurer or obligor during the lifetime of the insured, employee, annuitant, owner, or participant. (4) Unless the trust agreement, declaration of trust, or will expressly refers to this subsection and directs that it does not apply, death benefits payable as provided in subsection (1), subsection (2), or subsection (3), unless paid to a personal representative under the provisions of subsection (3), shall not be deemed to be part of the decedent’s estate and shall not be subject to any obligation to pay the expenses of the administration and obligations of the decedent’s estate or for contribution required from a trust under s. 733.607(2) to any greater extent than if the proceeds were payable directly to the beneficiaries named in the trust. (5) The death benefits held in trust may be commingled with any other assets that may properly come into the trust. (6) This section does not affect the validity of any designation of a beneficiary of proceeds previously made that designates as beneficiary the trustee of any trust established under a trust agreement or declaration of trust or by will. HISTORY: S. 1, ch. 74-106; s. 38, ch. 77-87; s. 158, ch. 2001-226; s. 7, ch. 2005-101; s. 5, ch. 2014-127, effective July 1, 2014. Editor’s notes. Created from former s. 736.172. Section 6, ch. 2014-127, provides: “The changes made by this act to s.

733.808, Florida Statutes, are intended to clarify existing law, are remedial in nature, and apply retroactively without regard to the date of the decedent’s death.”

« Title XLII. », « Ch. 733. », « Pt. VIII. », « § 733.809. » Fla. Stat. § 733.809

§ 733.809. Right of retainer. The amount of a noncontingent indebtedness due from a beneficiary to the estate or its present value, if not due, may be offset against that beneficiary’s interest. However, that beneficiary shall have the benefit of any defense that would be available in a direct proceeding for recovery of the debt. HISTORY: S. 1, ch. 74-106; s. 39, ch. 77-87; s. 1022, ch. 97-102; s. 159, ch. 2001-226.

« Title XLII. », « Ch. 733. », « Pt. VIII. », « § 733.810. » Fla. Stat. § 733.810

§ 733.810. Distribution in kind; valuation. (1) Assets shall be distributed in kind unless: (a) A general power of sale is conferred; (b) A contrary intention is indicated by the will or trust; or (c) Disposition is made otherwise under the provisions of this code. (2) Any pecuniary devise, family allowance, or other pecuniary share of the estate or trust may be satisfied in kind if: (a) The person entitled to payment has not demanded cash; (b) The property is distributed at fair market value as of its distribution date; and (c) No residuary devisee has requested that the asset remain a part of the residuary estate. (3) When not practicable to distribute undivided interests in a residuary asset, the asset may be sold. (4) When the fiduciary under a will or trust is required, or has an option, to satisfy a pecuniary devise or transfer in trust, to or for the benefit of the surviving spouse, with an in-kind distribution, at values as finally determined for federal estate tax purposes, the fiduciary shall, unless the governing instrument otherwise provides, satisfy the devise or transfer in trust by distribution of assets, including cash, fairly representative of the appreciated or depreciated value of all property available for that distribution, taking into consideration any gains and losses realized from a prior sale of any property not devised specifically, generally, or demonstratively. (5) A personal representative or a trustee is authorized to distribute any distributable assets, non-pro rata among the beneficiaries subject to the fiduciary’s duty of impartiality. HISTORY:

S. 1, ch. 74-106; s. 92, ch. 75-220; s. 40, ch. 77-87; s. 160, ch. 2001-226. Editor’s notes. Created from former s. 734.031.

« Title XLII. », « Ch. 733. », « Pt. VIII. », « § 733.811. » Fla. Stat. § 733.811

§ 733.811. Distribution; right or title of distributee. If a distributee receives from a fiduciary an instrument transferring assets in kind, payment in distribution, or possession of specific property, the distributee has succeeded to the estate’s interest in the assets as against all persons interested in the estate. However, the fiduciary may recover the assets or their value if the distribution was improper. HISTORY: S. 1, ch. 74-106; s. 161, ch. 2001-226.

« Title XLII. », « Ch. 733. », « Pt. VIII. », « § 733.812. » Fla. Stat. § 733.812

§ 733.812. Improper distribution or payment; liability of distributee or payee. A distributee or a claimant who was paid improperly must return the assets or funds received, and the income from those assets or interest on the funds since distribution or payment, unless the distribution or payment cannot be questioned because of adjudication, estoppel, or limitations. If the distributee or claimant does not have the property, its value at the date of disposition, income thereon, and gain received by the distributee or claimant must be returned. HISTORY: S. 1, ch. 74-106; s. 92, ch. 75-220; s. 1023, ch. 97-102; s. 162, ch. 2001226.

« Title XLII. », « Ch. 733. », « Pt. VIII. », « § 733.813. » Fla. Stat. § 733.813

§ 733.813. Purchasers from distributees protected. If property distributed in kind, or a security interest in that property, is acquired by a purchaser or lender for value from a distributee, the purchaser or lender takes title free of any claims of the estate and incurs no personal liability to the estate, whether or not the distribution was proper. The purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind. HISTORY: S. 1, ch. 74-106; s. 163, ch. 2001-226.

« Title XLII. », « Ch. 733. », « Pt. VIII. », « § 733.814. » Fla. Stat. § 733.814

§ 733.814. Partition for purpose of distribution. When two or more beneficiaries are entitled to distribution of undivided interests in any property, the personal representative or any beneficiary may petition the court before the estate is closed to partition the property in the same manner as provided by law for civil actions of partition. The court may direct the personal representative to sell any property that cannot be partitioned without prejudice to the owners and that cannot be allotted equitably and conveniently. HISTORY: S. 1, ch. 74-106; s. 164, ch. 2001-226.

« Title XLII. », « Ch. 733. », « Pt. VIII. », « § 733.815. » Fla. Stat. § 733.815

§ 733.815. Private contracts among interested persons. Subject to the rights of creditors and taxing authorities, interested persons may agree among themselves to alter the interests, shares, or amounts to which they are entitled in a written contract executed by them. The personal representative shall abide by the terms of the contract, subject to the personal representative’s obligation to administer the estate for the benefit of interested persons who are not parties to the contract, and to pay costs of administration. Trustees of a testamentary trust are interested persons for the purposes of this section. Nothing in this section relieves trustees of any duties owed to beneficiaries of trusts. HISTORY: S. 1, ch. 74-106; s. 94, ch. 75-220; s. 1024, ch. 97-102; s. 165, ch. 2001226.

« Title XLII. », « Ch. 733. », « Pt. VIII. », « § 733.816. » Fla. Stat. § 733.816

§ 733.816. Disposition of unclaimed property held by personal representatives. (1) In all cases in which there is unclaimed property in the hands of a personal representative that cannot be distributed or paid because of the inability to find the lawful owner or because no lawful owner is known or because the lawful owner refuses to accept the property after a reasonable attempt to distribute it and after notice to that lawful owner, the court shall order the personal representative to sell the property and deposit the proceeds and cash already in hand, after retaining those amounts provided for in subsection (4), with the clerk and receive a receipt, and the clerk shall deposit the funds in the registry of the court to be disposed of as follows: (a) If the value of the funds is $500 or less, the clerk shall post a notice for 30 days at the courthouse door giving the amount involved, the name of the personal representative, and the other pertinent information that will put interested persons on notice. (b) If the value of the funds is over $500, the clerk shall publish the notice once a month for 2 consecutive months in a newspaper of general circulation in the county. After the expiration of 6 months from the posting or first publication, the clerk shall deposit the funds with the Chief Financial Officer after deducting the clerk’s fees and the costs of publication. (2) Upon receipt of the funds, the Chief Financial Officer shall deposit them to the credit of the State School Fund, to become a part of the school fund. All interest and all income that may accrue from the money while so deposited shall belong to the fund. The funds so deposited shall constitute and be a permanent appropriation for payments by the Chief Financial Officer in obedience to court orders entered as provided by subsection (3). (3) Within 10 years from the date of deposit with the Chief Financial Officer, on written petition to the court that directed the deposit of the funds and informal notice to the Department of Legal Affairs, and after proof of entitlement, any person entitled to the funds before or after

payment to the Chief Financial Officer and deposit as provided by subsection (1) may obtain a court order directing the payment of the funds to that person. All funds deposited with the Chief Financial Officer and not claimed within 10 years from the date of deposit shall escheat to the state for the benefit of the State School Fund. (4) The personal representative depositing assets with the clerk is permitted to retain from the funds a sufficient amount to pay final costs of administration chargeable to the assets accruing between the deposit of the funds with the clerk of the court and the order of discharge. Any funds so retained which are surplus shall be deposited with the clerk prior to discharge of the personal representative. (5)(a) If a person entitled to the funds assigns the right to receive payment or part payment to an attorney or private investigative agency which is duly licensed to do business in this state pursuant to a written agreement with that person, the Department of Financial Services is authorized to make distribution in accordance with the assignment. (b) Payments made to an attorney or private investigative agency shall be promptly deposited into a trust or escrow account which is regularly maintained by the attorney or private investigative agency in a financial institution located in this state and authorized to accept these deposits. (c) Distribution by the attorney or private investigative agency to the person entitled to the funds shall be made within 10 days following final credit of the deposit into the trust or escrow account at the financial institution, unless a party to the agreement protests the distribution in writing before it is made. (d) The department shall not be civilly or criminally liable for any funds distributed pursuant to this subsection, provided the distribution is made in good faith. HISTORY: S. 1, ch. 74-106; s. 95, ch. 75-220; s. 6, ch. 85-79; s. 5, ch. 89-291; s. 10, ch. 89-299; s. 21, ch. 95-401; s. 1025, ch. 97-102; s. 166, ch. 2001-226; s. 1897, ch. 2003-261. Editor’s notes.

Created from former s. 734.221.

« Title XLII. », « Ch. 733. », « Pt. VIII. », « § 733.817. • Fla. Stat. § 733.817

§ 733.817. Apportionment of estate taxes. (1) Definitions. — As used in this section, the term: (a) “Fiduciary” means a person, other than the personal representative in possession of property included in the measure of the tax, who is liable to the applicable taxing authority for payment of the entire tax to the extent of the value of the property in possession. (b) “Generation-skipping transfer tax” means the generation-skipping transfer tax imposed by chapter 13 of the Internal Revenue Code on direct skips of interests includable in the federal gross estate or a corresponding tax imposed by any state or country or political subdivision of the foregoing. The term does not include the generation-skipping transfer tax on taxable distributions, taxable terminations, or any other generation-skipping transfer. The terms “direct skip,” “taxable distribution,” and “taxable termination” have the same meanings as provided in s. 2612 of the Internal Revenue Code. (c) “Governing instrument” means a will, trust instrument, or any other document that controls the transfer of property on the occurrence of the event with respect to which the tax is being levied. (d) “Gross estate” means the gross estate, as determined by the Internal Revenue Code with respect to the federal estate tax and the Florida estate tax, and as that concept is otherwise determined by the estate, inheritance, or death tax laws of the particular state, country, or political subdivision whose tax is being apportioned. (e) “Included in the measure of the tax” means for each separate tax that an interest may incur, only interests included in the measure of that particular tax are considered. As used in this section, the term does not include: 1. Any interest, whether passing under the will or not, to the extent the interest is initially deductible from the gross estate, without regard to any subsequent reduction of the deduction by reason of the charge of any part of the applicable tax to the interest. If an election is required for deductibility, an interest is not initially deductible unless the election for deductibility is allowed.

2. Interests or amounts that are not included in the gross estate but are included in the amount upon which the applicable tax is computed, such as adjusted taxable gifts pursuant to s. 2001 of the Internal Revenue Code. 3. Gift taxes included in the gross estate pursuant to s. 2035 of the Internal Revenue Code and the portion of any inter vivos transfer included in the gross estate pursuant to s. 529 of the Internal Revenue Code, notwithstanding inclusion in the gross estate. (f) “Internal Revenue Code” means the Internal Revenue Code of 1986, as amended. (g) “Net tax” means the net tax payable to the particular state, country, or political subdivision whose tax is being apportioned, after taking into account all credits against the applicable tax except as provided in this section. With respect to the federal estate tax, net tax is determined after taking into account all credits against the tax except for the credit for foreign death taxes and except for the credit or deduction for state taxes imposed by states other than this state. (h) “Nonresiduary devise” means any devise that is not a residuary devise. (i) “Nonresiduary interest,” in connection with a trust, means any interest in a trust which is not a residuary interest. (j) “Recipient” means, with respect to property or an interest in property included in the gross estate, an heir at law in an intestate estate; devisee in a testate estate; beneficiary of a trust; beneficiary of a life insurance policy, annuity, or other contractual right; surviving tenant; taker as a result of the exercise or in default of the exercise of a general power of appointment; person who receives or is to receive the property or an interest in the property; or person in possession of the property, other than a creditor. (k) “Residuary devise” has the meaning in s. 731.201. (l) “Residuary interest,” in connection with a trust, means an interest in the assets of a trust which remain after provision for any distribution that is to be satisfied by reference to a specific property or type of property, fund, sum, or statutory amount. (m) “Revocable trust” means a trust as described in s. 733.707(3). (n) “Section 2044 interest” means an interest included in the measure of

the tax by reason of s. 2044 of the Internal Revenue Code. (o) “State” means any state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. (p) “Tax” means any estate tax, inheritance tax, generation-skipping transfer tax, or other tax levied or assessed under the laws of this or any other state, the United States, any other country, or any political subdivision of the foregoing, as finally determined, which is imposed as a result of the death of the decedent. The term also includes any interest or penalties imposed in addition to the tax. Unless the context indicates otherwise, the term means each separate tax. The term does not include any additional estate tax imposed by s. 2032A(c) or s. 2057(f) of the Internal Revenue Code or a corresponding tax imposed by any state or country or political subdivision of the foregoing. The additional estate tax imposed shall be apportioned as provided in s. 2032A or s. 2057 of the Internal Revenue Code. (q) “Temporary interest” means an interest in income or an estate for a specific period of time, for life, or for some other period controlled by reference to extrinsic events, whether or not in trust. (r) “Tentative Florida tax” with respect to any property means the net Florida estate tax that would have been attributable to that property if no tax were payable to any other state in respect of that property. (s) “Value” means the pecuniary worth of the interest involved as finally determined for purposes of the applicable tax after deducting any debt, expense, or other deduction chargeable to it for which a deduction was allowed in determining the amount of the applicable tax. A lien or other encumbrance is not regarded as chargeable to a particular interest to the extent that it will be paid from other interests. The value of an interest is not reduced by reason of the charge against it of any part of the tax, except as provided in paragraph (3)(a). (2) Allocation of tax. — Except as effectively directed in the governing instrument pursuant to subsection (4), the net tax attributable to the interests included in the measure of each tax shall be determined by the proportion that the value of each interest included in the measure of the tax bears to the total value of all interests included in the measure of the tax. Notwithstanding the foregoing provision of this subsection and except as

effectively directed in the governing instrument: (a) The net tax attributable to section 2044 interests shall be determined in the manner provided for the federal estate tax in s. 2207A of the Internal Revenue Code, and the amount so determined shall be deducted from the tax to determine the net tax attributable to all other interests included in the measure of the tax. (b) The foreign tax credit allowed with respect to the federal estate tax shall be allocated among the recipients of interests finally charged with the payment of the foreign tax in reduction of any federal estate tax chargeable to the recipients of the foreign interests, whether or not any federal estate tax is attributable to the foreign interests. Any excess of the foreign tax credit shall be applied to reduce proportionately the net amount of federal estate tax chargeable to the remaining recipients of the interests included in the measure of the federal estate tax. (c) The reduction in the net tax attributable to the deduction for state death taxes allowed by s. 2058 of the Internal Revenue Code shall be allocated to the recipients of the interests that produced the deduction. For this purpose, the reduction in the net tax shall be calculated in the manner provided for interests other than those described in paragraph (a). (d) The reduction in the Florida tax, if one is imposed, on the estate of a Florida resident for tax paid to another state shall be allocated as follows: 1. If the net tax paid to another state is greater than or equal to the tentative Florida tax attributable to the property subject to tax in the other state, none of the Florida tax shall be attributable to that property. 2. If the net tax paid to another state is less than the tentative Florida tax attributable to the property subject to tax in the other state, the net Florida tax attributable to the property subject to tax in the other state shall be the excess of the amount of the tentative Florida tax attributable to the property over the net tax payable to the other state with respect to the property. 3. Any remaining net Florida tax shall be attributable to property included in the measure of the Florida tax exclusive of the property subject to tax in another state. 4. The net federal tax attributable to the property subject to tax in the other state shall be determined as if the property were located in that state.

(e) The net tax attributable to a temporary interest, if any, is regarded as attributable to the principal that supports the temporary interest. (3) Apportionment of tax. — Except as otherwise effectively directed in the governing instrument pursuant to subsection (4), the net tax attributable to each interest shall be apportioned as follows: (a) Generation-skipping transfer tax. — Any federal or state generationskipping transfer tax shall be apportioned as provided in s. 2603 of the Internal Revenue Code after the application of the remaining provisions of this subsection to taxes other than the generation-skipping transfer tax. (b) Section 2044 interests. — The net tax attributable to section 2044 interests shall be apportioned among the recipients of the section 2044 interests in the proportion that the value of each section 2044 interest bears to the total of all section 2044 interests. The net tax apportioned by this paragraph to section 2044 interests that pass in the manner described in paragraph (c) or paragraph (d) shall be apportioned to the section 2044 interests in the manner described in those paragraphs before the apportionment of the net tax attributable to the other interests passing as provided in those paragraphs. The net tax attributable to the interests other than the section 2044 interests which pass in the manner described in paragraph (c) or paragraph (d) shall be apportioned only to such other interests pursuant to those paragraphs. (c) Wills. — The net tax attributable to property passing under the decedent’s will shall be apportioned in the following order of priority: 1. The net tax attributable to nonresiduary devises shall be charged to and paid from the residuary estate, whether or not all interests in the residuary estate are included in the measure of the tax. If the residuary estate is insufficient to pay the net tax attributable to all nonresiduary devises, the balance of the net tax attributable to nonresiduary devises shall be apportioned among the recipients of the nonresiduary devises in the proportion that the value of each nonresiduary devise included in the measure of the tax bears to the total of all nonresiduary devises included in the measure of the tax. 2. The net tax attributable to residuary devises shall be apportioned among the recipients of the residuary devises included in the measure of the tax in

the proportion that the value of each residuary devise included in the measure of the tax bears to the total of all residuary devises included in the measure of the tax. If the residuary estate is insufficient to pay the net tax attributable to all residuary devises, the balance of the net tax attributable to residuary devises shall be apportioned among the recipients of the nonresiduary devises in the proportion that the value of each nonresiduary devise included in the measure of the tax bears to the total of all nonresiduary devises included in the measure of the tax. (d) Trusts. — The net tax attributable to property passing under the terms of any trust other than a trust created in the decedent’s will shall be apportioned in the following order of priority: 1. The net tax attributable to nonresiduary interests of the trust shall be charged to and paid from the residuary portion of the trust, whether or not all interests in the residuary portion are included in the measure of the tax. If the residuary portion is insufficient to pay the net tax attributable to all nonresiduary interests, the balance of the net tax attributable to nonresiduary interests shall be apportioned among the recipients of the nonresiduary interests in the proportion that the value of each nonresiduary interest included in the measure of the tax bears to the total of all nonresiduary interests included in the measure of the tax. 2. The net tax attributable to residuary interests of the trust shall be apportioned among the recipients of the residuary interests of the trust included in the measure of the tax in the proportion that the value of each residuary interest included in the measure of the tax bears to the total of all residuary interests of the trust included in the measure of the tax. If the residuary portion is insufficient to pay the net tax attributable to all residuary interests, the balance of the net tax attributable to residuary interests shall be apportioned among the recipients of the nonresiduary interests in the proportion that the value of each nonresiduary interest included in the measure of the tax bears to the total of all nonresiduary interests included in the measure of the tax. Except as provided in paragraph (g), this paragraph applies separately for each trust. (e) Protected homestead, exempt property, and family allowance

1. The net tax attributable to an interest in protected homestead, exempt property, and the family allowance determined under s. 732.403 shall be apportioned against the recipients of other interests in the estate or passing under any revocable trust in the following order of priority: a. Class I. — Recipients of interests passing by intestacy that are included in the measure of the federal estate tax. b. Class II. — Recipients of residuary devises, residuary interests, and pretermitted shares under ss. 732.301 and 732.302 that are included in the measure of the federal estate tax. c. Class III. — Recipients of nonresiduary devises and nonresiduary interests that are included in the measure of the federal estate tax. 2. Any net tax apportioned to a class pursuant to this paragraph shall be apportioned among each recipient in the class in the proportion that the value of the interest of each bears to the total value of all interests included in that class. A tax may not be apportioned under this paragraph to the portion of any interest applied in satisfaction of the elective share whether or not included in the measure of the tax. For purposes of this paragraph, if the value of the interests described in s. 732.2075(1) exceeds the amount of the elective share, the elective share shall be treated as satisfied first from interests other than those described in classes I, II, and III, and to the extent that those interests are insufficient to satisfy the elective share, from the interests passing to or for the benefit of the surviving spouse described in classes I, II, and III, beginning with those described in class I, until the elective share is satisfied. This paragraph has priority over paragraphs (a) and (h). 3. The balance of the net tax attributable to any interest in protected homestead, exempt property, and the family allowance determined under s. 732.403 which is not apportioned under the preceding provisions of this paragraph shall be apportioned to the recipients of those interests included in the measure of the tax in the proportion that the value of each bears to the total value of those interests included in the measure of the tax. (f) Construction. — For purposes of this subsection: 1. If the decedent’s estate is the beneficiary of a life insurance policy, annuity, or contractual right included in the decedent’s gross estate, or is the

taker as a result of the exercise or default in exercise of a general power of appointment held by the decedent, that interest shall be regarded as passing under the terms of the decedent’s will for the purposes of paragraph (c) or by intestacy if not disposed of by will. Additionally, any interest included in the measure of the tax by reason of s. 2041 of the Internal Revenue Code passing to the decedent’s creditors or the creditors of the decedent’s estate shall be regarded as passing to the decedent’s estate for the purpose of this subparagraph. 2. If a trust is the beneficiary of a life insurance policy, annuity, or contractual right included in the decedent’s gross estate, or is the taker as a result of the exercise or default in exercise of a general power of appointment held by the decedent, that interest shall be regarded as passing under the trust for purposes of paragraph (d). (g) Common instrument construction. — In the application of this subsection, paragraphs (b)-(f) shall be applied to apportion the net tax to the recipients under certain governing instruments as if all recipients under those instruments, other than the estate or revocable trust itself, were taking under a common instrument. This construction applies to the following: 1. The decedent’s will and revocable trust if the estate is a beneficiary of the revocable trust or if the revocable trust is a beneficiary of the estate. 2. A revocable trust of the decedent and another revocable trust of the decedent if either trust is the beneficiary of the other trust. (h) Other interests. — The net tax that is not apportioned to interests under paragraphs (b)-(g), including, but not limited to, the net tax attributable to interests passing by intestacy, interests applied in satisfaction of the elective share pursuant to s. 732.2075(2), interests passing by reason of the exercise or nonexercise of a general power of appointment, jointly held interests passing by survivorship, life insurance, properties in which the decedent held a reversionary or revocable interest, annuities, and contractual rights, shall be apportioned among the recipients of the remaining interests included in the measure of the tax in the proportion that the value of each such interest bears to the total value of all remaining interests included in the measure of the tax. (i) Assessment of liability by court. — If the court finds that: 1. It is inequitable to apportion interest or penalties, or both, in the manner

provided in paragraphs (a)-(h), the court may assess liability for the payment thereof in the manner that the court finds equitable. 2. The payment of any tax was not effectively directed in the governing instrument pursuant to subsection (4) and that such tax is not apportioned by this subsection, the court may assess liability for the payment of such tax in the manner that the court finds equitable. (4) Direction against apportionment. (a) Except as provided in this subsection, a governing instrument may not direct that taxes be paid from property other than that passing under the governing instrument. (b) For a direction in a governing instrument to be effective to direct payment of taxes attributable to property passing under the governing instrument in a manner different from that provided in this section, the direction must be express. (c) For a direction in a governing instrument to be effective to direct payment of taxes attributable to property not passing under the governing instrument from property passing under the governing instrument, the governing instrument must expressly direct that the property passing under the governing instrument bear the burden of taxation for property not passing under the governing instrument. Except as provided in paragraph (d), a direction in the governing instrument to the effect that all taxes are to be paid from property passing under the governing instrument whether attributable to property passing under the governing instrument or otherwise shall be effective to direct payment from property passing under the governing instrument of taxes attributable to property not passing under the governing instrument. (d) In addition to satisfying the other provisions of this subsection: 1.a. For a direction in the decedent’s will or revocable trust to be effective in waiving the right of recovery provided in s. 2207A of the Internal Revenue Code for the tax attributable to section 2044 interests, and for any tax imposed by Florida based upon such section 2044 interests, the direction must expressly waive that right of recovery. An express direction that property passing under the will or revocable trust bear the tax imposed by s. 2044 of the Internal Revenue Code is deemed an express waiver of

the right of recovery provided in s. 2207A of the Internal Revenue Code. A reference to “qualified terminable interest property,” “QTIP,” or property in which the decedent had a “qualifying income interest for life” is deemed to be a reference to property upon which tax is imposed by s. 2044 of the Internal Revenue Code which is subject to the right of recovery provided in s. 2207A of the Internal Revenue Code. b. If property is included in the gross estate pursuant to ss. 2041 and 2044 of the Internal Revenue Code, the property is deemed included under s. 2044, and not s. 2041, for purposes of allocation and apportionment of the tax. 2. For a direction in the decedent’s will or revocable trust to be effective in waiving the right of recovery provided in s. 2207B of the Internal Revenue Code for tax imposed by reason of s. 2036 of the Internal Revenue Code, and any tax imposed by Florida based upon s. 2036 of the Internal Revenue Code, the direction must expressly waive that right of recovery. An express direction that property passing under the will or revocable trust bear the tax imposed by s. 2036 of the Internal Revenue Code is deemed an express waiver of the right of recovery provided in s. 2207B of the Internal Revenue Code. If property is included in the gross estate pursuant to ss. 2036 and 2038 of the Internal Revenue Code, the property is deemed included under s. 2038, not s. 2036, for purposes of allocation and apportionment of the tax, and there is no right of recovery under s. 2207B of the Internal Revenue Code. 3. A general statement in the decedent’s will or revocable trust waiving all rights of reimbursement or recovery under the Internal Revenue Code is not an express waiver of the rights of recovery provided in s. 2207A or s. 2207B of the Internal Revenue Code. 4. For a direction in a governing instrument to be effective to direct payment of generation-skipping transfer tax in a manner other than as provided in s. 2603 of the Internal Revenue Code, and any tax imposed by Florida based on s. 2601 of the Internal Revenue Code, the direction must specifically reference the tax imposed by s. 2601 of the Internal Revenue Code. A reference to the generation-skipping transfer tax or s. 2603 of the Internal Revenue Code is deemed to be a reference to property upon which tax is imposed by reason of s. 2601 of the Internal Revenue Code. (e) If the decedent expressly directs by will, the net tax attributable to property over which the decedent held a general power of appointment may

be determined in a manner other than as provided in subsection (2) if the net tax attributable to that property does not exceed the difference between the total net tax determined pursuant to subsection (2), determined without regard to this paragraph, and the total net tax that would have been payable if the value of the property subject to such power of appointment had not been included in the decedent’s gross estate. If tax is attributable to one or more section 2044 interests pursuant to subsection (2), the net tax attributable to the section 2044 interests shall be calculated before the application of this paragraph unless the decedent expressly directs otherwise by will. (f) If the decedent’s will expressly provides that the tax is to be apportioned as provided in the decedent’s revocable trust by specific reference to the revocable trust, an express direction in the revocable trust is deemed to be a direction contained in the will as well as the revocable trust. (g) An express direction in the decedent’s will to pay tax from the decedent’s revocable trust by specific reference to the revocable trust is effective unless a contrary express direction is contained in the revocable trust. (h) If governing instruments contain effective directions that conflict as to payment of taxes, the most recently executed tax apportionment provision controls to the extent of the conflict. For the purpose of this subsection, if a will or other governing instrument is amended, the date of the codicil to the will or amendment to the governing instrument is regarded as the date of the will or other governing instrument only if the codicil or amendment contains an express tax apportionment provision or an express modification of the tax apportionment provision. A general statement ratifying or republishing all provisions not otherwise amended does not meet this condition. If the decedent’s will and another governing instrument were executed on the same date, the will is deemed executed after the other governing instrument. The earlier conflicting governing instrument controls as to any tax remaining unpaid after the application of the later conflicting governing instrument. (i) A grant of permission or authority in a governing instrument to request payment of tax from property passing under another governing instrument is not a direction apportioning the tax to the property passing under the other governing instrument. A grant of permission or authority in a governing instrument to pay tax

attributable to property not passing under the governing instrument is not a direction apportioning the tax to property passing under the governing instrument. (j) This section applies to any tax remaining to be paid after the application of any effective express directions. An effective express direction for payment of tax on specific property or a type of property in a manner different from that provided in this section is not effective as an express direction for payment of tax on other property or other types of property included in the measure of the tax. (5) Transfer of property. — A personal representative or fiduciary shall not be required to transfer to a recipient any property reasonably anticipated to be necessary for the payment of taxes. Further, the personal representative or fiduciary is not required to transfer any property to the recipient until the amount of the tax due from the recipient is paid by the recipient. If property is transferred before final apportionment of the tax, the recipient shall provide a bond or other security for his or her apportioned liability in the amount and form prescribed by the personal representative or fiduciary. (6) Order of apportionment. (a) The personal representative may petition at any time for an order of apportionment. If administration of the decedent’s estate has not commenced at any time after 90 days from the decedent’s death, any fiduciary may petition for an order of apportionment in the court in which venue would be proper for administration of the decedent’s estate. Notice of the petition for order of apportionment must be served on all interested persons in the manner provided for service of formal notice. At any time after 6 months from the decedent’s death, any recipient may petition the court for an order of apportionment. (b) The court shall determine all issues concerning apportionment. If the tax to be apportioned has not been finally determined, the court shall determine the probable tax due or to become due from all interested persons, apportion the probable tax, and retain jurisdiction over the parties and issues to modify the order of apportionment as appropriate until after the tax is finally determined.

(7) Deficiency. (a) If the personal representative or fiduciary does not have possession of sufficient property otherwise distributable to the recipient to pay the tax apportioned to the recipient, whether under this section, the Internal Revenue Code, or the governing instrument, if applicable, the personal representative or fiduciary shall recover the deficiency in tax so apportioned to the recipient: 1. From the fiduciary in possession of the property to which the tax is apportioned, if any; and 2. To the extent of any deficiency in collection from the fiduciary, or to the extent collection from the fiduciary is excused pursuant to subsection (8) and in all other cases, from the recipient of the property to which the tax is apportioned, unless relieved of this duty as provided in subsection (8). (b) In any action to recover the tax apportioned, the order of apportionment is prima facie correct. (c) In any action for the enforcement of an order of apportionment, the court shall award taxable costs as in chancery actions, including reasonable attorney fees, and may award penalties and interest on the unpaid tax in accordance with equitable principles. (d) This subsection does not authorize the recovery of any tax from a company issuing life insurance included in the gross estate, or from a bank, trust company, savings and loan association, or similar institution with respect to any account in the name of the decedent and any other person which passed by operation of law at the decedent’s death. (8) Relief from Duty. (a) A personal representative or fiduciary who has the duty under this section of collecting the apportioned tax from recipients may be relieved of the duty to collect the tax by an order of the court finding that: 1. The estimated court costs and attorney fees in collecting the apportioned tax from a person against whom the tax has been apportioned will approximate or exceed the amount of the recovery; 2. The person against whom the tax has been apportioned is a resident of a foreign country other than Canada and refuses to pay the apportioned tax on demand; or

3. It is impracticable to enforce contribution of the apportioned tax against a person against whom the tax has been apportioned in view of the improbability of obtaining a judgment or the improbability of collection under any judgment that might be obtained, or otherwise. (b) A personal representative or fiduciary is not liable for failure to attempt to enforce collection if the personal representative or fiduciary reasonably believes that collection would have been economically impracticable. (9) Uncollected tax. — Any apportioned tax that is not collected shall be reapportioned in accordance with this section as if the portion of the property to which the uncollected tax had been apportioned had been exempt. (10) Contribution. — This section does not limit the right of any person who has paid more than the amount of the tax apportionable to that person, calculated as if all apportioned amounts would be collected, to obtain contribution from those who have not paid the full amount of the tax apportionable to them, calculated as if all apportioned amounts would be collected, and that right is hereby conferred. In any action to enforce contribution, the court shall award taxable costs as in chancery actions, including reasonable attorney fees. (11) Foreign tax. — This section does not require the personal representative or fiduciary to pay any tax levied or assessed by a foreign country unless specific directions to that effect are contained in the will or other instrument under which the personal representative or fiduciary is acting. HISTORY: S. 1, ch. 74-106; s. 95, ch. 75-220; s. 41, ch. 77-87; s. 273, ch. 79-400; s. 20, ch. 92-200; s. 1026, ch. 97-102; s. 9, ch. 97-240; s. 13, ch. 2000-159; s. 167, ch. 2001-226; s. 39, ch. 2006-217, eff. July 1, 2007; s. 122, ch. 2010-5, eff. June 29, 2010; s. 6, ch. 2015-27, effective July 1, 2015. Editor’s notes. Created from former s. 734.041. The references to sections of the Internal Revenue Code, referred to in this

section, are codified throughout Title 26 of the U.S.C.S. Section 10, ch. 2015-27, provides: “(1) The amendment made by this act to s. 733.817(1)(g) and (2)(c), Florida Statutes, is remedial in nature, is intended to clarify existing law, and applies retroactively to all proceedings pending or commenced on or after July 1, 2015, in which the apportionment of taxes has not been finally determined or agreed for the estates of decedents who die after December 31, 2004. “(2) The amendment made by this act to s. 733.817(1)(e)3., (3)(e), (3)(g), (4)(b), (4)(c), (4)(d)1.b., (4)(e), (4)(h), and (6), Florida Statutes, applies to the estates of decedents who die on or after July 1, 2015. “(3) Except as provided in subsections (1) and (2), the amendment made by this act to s. 733.817, Florida Statutes, is remedial in nature, is intended to clarify existing law, and applies retroactively to all proceedings pending or commenced on or after July 1, 2015, in which the apportionment of taxes has not been finally determined or agreed and without regard to the date of the decedent’s death.”

« Title XLII. », « Ch. 733. », « Pt. IX. • Fla. Stat. Title XLII, Ch. 733, Pt. IX

PART IX. CLOSING ESTATES. « Title XLII. », « Ch. 733. », « Pt. IX. •, • § 733.901. » Fla. Stat. § 733.901

§ 733.901. Final discharge. (1) After administration has been completed, the personal representative shall be discharged. (2) The discharge of the personal representative shall release the personal representative and shall bar any action against the personal representative, as such or individually, and the surety. HISTORY: S. 1, ch. 74-106; s. 96, ch. 75-220; s. 42, ch. 77-87; s. 1, ch. 77-174; s. 6, ch. 81-27; s. 29, ch. 95-401; s. 1027, ch. 97-102; s. 168, ch. 2001-226. Editor’s notes. Created from former s. 734.22.

« Title XLII. », « Ch. 733. », « Pt. IX. •, « § 733.903. • Fla. Stat. § 733.903

§ 733.903. Subsequent administration. The final settlement of an estate and the discharge of the personal representative shall not prevent further administration. The order of discharge may not be revoked based upon the discovery of a will or later will. HISTORY: S. 1, ch. 74-106; s. 96, ch. 75-220; s. 1, ch. 88-110; s. 169, ch. 2001-226. Editor’s notes. Created from former s. 734.26.

« Title XLII. », « Ch. 734. » Fla. Stat. Title XLII, Ch. 734

CHAPTER 734. PROBATE CODE: FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION. « Title XLII. », « Ch. 734. », • Pt. I. » Fla. Stat. Title XLII, Ch. 734, Pt. I

PART I. GENERAL PROVISIONS. « Title XLII. », « Ch. 734. », • Pt. I. », • § 734.101. » Fla. Stat. § 734.101

§ 734.101. Foreign personal representative. (1) Personal representatives who produce authenticated copies of probated wills or letters of administration duly obtained in any state or territory of the United States may maintain actions in the courts of this state. (2) Personal representatives appointed in any state or country may be sued in this state concerning property in this state and may defend actions or proceedings brought in this state. (3) Debtors who have not received a written demand for payment from a personal representative or curator appointed in this state within 90 days after appointment of a personal representative in any other state or country, and whose property in Florida is subject to a mortgage or other lien securing the debt held by the foreign personal representative, may pay the foreign personal representative after the expiration of 90 days from the date of appointment of the foreign personal representative. Thereafter, a satisfaction of the mortgage or lien executed by the foreign personal representative, with an authenticated copy of the letters or other evidence of authority attached, may be recorded in the public records. The satisfaction shall be an effective discharge of the mortgage or lien, irrespective of whether the debtor making payment had received a written demand before paying the debt. (4) Except as provided in s. 655.936, all persons indebted to the estate of a decedent, or having possession of personal property belonging to the estate, who have received no written demand from a personal representative or curator appointed in this state for payment of the debt or the delivery of the property are authorized to pay the debt or to deliver the personal property to the foreign personal representative after the expiration of 90 days from the date of appointment of the foreign personal representative.

HISTORY: S. 1, ch. 74-106; s. 98, ch. 75-220; s. 1028, ch. 97-102; s. 170, ch. 2001226; s. 110, ch. 2002-1; s. 16, ch. 2007-74, eff. July 1, 2007. Editor’s notes. Created from former s. 734.30.

« Title XLII. », « Ch. 734. », • Pt. I. », « § 734.102. » Fla. Stat. § 734.102

§ 734.102. Ancillary administration. (1) If a nonresident of this state dies leaving assets in this state, credits due from residents in this state, or liens on property in this state, a personal representative specifically designated in the decedent’s will to administer the Florida property shall be entitled to have ancillary letters issued, if qualified to act in Florida. Otherwise, the foreign personal representative of the decedent’s estate shall be entitled to have letters issued, if qualified to act in Florida. If the foreign personal representative is not qualified to act in Florida and the will names an alternate or successor who is qualified to act in Florida, the alternate or successor shall be entitled to have letters issued. Otherwise, those entitled to a majority interest of the Florida property may have letters issued to a personal representative selected by them who is qualified to act in Florida. If the decedent dies intestate and the foreign personal representative is not qualified to act in Florida, the order of preference for appointment of a personal representative as prescribed in this code shall apply. If ancillary letters are applied for by other than the domiciliary personal representative, prior notice shall be given to any domiciliary personal representative. (2) Ancillary administration shall be commenced as provided by the Florida Probate Rules. (3) If the will and any codicils are executed as required by the code, they shall be admitted to probate. (4) The ancillary personal representative shall give bond as do personal representatives generally. All proceedings for appointment and administration of the estate shall be as similar to those in original administrations as possible. (5) Unless creditors’ claims are otherwise barred by s. 733.710, the ancillary personal representative shall cause a notice to creditors to be served and published according to the requirements of chapter 733. Claims not filed in accordance with chapter 733 shall be barred as provided in s. 733.702. (6) After the payment of all expenses of administration and claims

against the estate, the court may order the remaining property held by the ancillary personal representative transferred to the foreign personal representative or distributed to the beneficiaries. (7) Ancillary personal representatives shall have the same rights, powers, and authority as other personal representatives in Florida to manage and settle estates; to sell, lease, or mortgage local property; and to raise funds for the payment of debts, claims, and devises in the domiciliary jurisdiction. No property shall be sold, leased, or mortgaged to pay a debt or claim that is barred by any statute of limitation or of nonclaim of this state. HISTORY: S. 1, ch. 74-106; s. 98, ch. 75-220; s. 43, ch. 77-87; s. 1, ch. 77-174; s. 1029, ch. 97-102; s. 171, ch. 2001-226. Editor’s notes. Created from former s. 734.31.

« Title XLII. », « Ch. 734. », • Pt. I. », « § 734.1025. » Florida Probate Rules and Statutes, Rel. EB23E, Rel. EB23E § 734.1025

§ 734.1025. Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims. (1) When a nonresident decedent dies testate and leaves property subject to administration in this state the gross value of which does not exceed $50,000 at the date of death, the foreign personal representative of the estate before the expiration of 2 years after the decedent’s death may file in the circuit court of the county where any property is located an authenticated transcript of so much of the foreign proceedings as will show the will and beneficiaries of the estate, as provided in the Florida Probate Rules. The court shall admit the will and any codicils to probate if they comply with s. 732.502(1), (2), or (3). (2) The foreign personal representative may cause a notice to creditors to be served and published according to the relevant requirements of chapter 733. Claims not filed in accordance with chapter 733 shall be barred as provided in s. 733.702. If any claim is filed, a personal representative shall be appointed as provided in the Florida Probate Rules. HISTORY: S. 1, ch. 80-203; s. 10, ch. 89-340; s. 1030, ch. 97-102; s. 79, ch. 99-3; s. 172, ch. 2001-226; s. 12, ch. 2003-154.

« Title XLII. », « Ch. 734. », • Pt. I. », « § 734.104. • Fla. Stat. § 734.104

§ 734.104. Foreign wills; admission to record; effect on title. (1) An authenticated copy of the will of a nonresident that devises real property in this state, or any right, title, or interest in the property, may be admitted to record in any county of this state where the property is located at any time after 2 years from the death of the decedent or at any time after the domiciliary personal representative has been discharged if there has been no proceeding to administer the estate of the decedent in this state, provided: (a) The will was executed as required by chapter 732; and (b) The will has been admitted to probate in the proper court of any other state, territory, or country. (2) A petition to admit a foreign will to record may be filed by any person and shall be accompanied by authenticated copies of the foreign will, the petition for probate, and the order admitting the will to probate. If no petition is required as a prerequisite to the probate of a will in the jurisdiction where the will of the nonresident was probated, upon proof by affidavit or certificate that no petition is required, an authenticated copy of the will may be admitted to record without an authenticated copy of a petition for probate, and the order admitting the will to record in this state shall recite that no petition was required in the jurisdiction of original probate. (3) If the court finds that the requirements of this section have been met, it shall enter an order admitting the foreign will to record. (4) When admitted to record, the foreign will shall be as valid and effectual to pass title to real property and any right, title, or interest therein as if the will had been admitted to probate in this state. HISTORY: S. 3, ch. 74-106; s. 98, ch. 75-220; s. 45, ch. 77-87; s. 229, ch. 77-104; s. 15, ch. 79-221; s. 274, ch. 79-400; s. 11, ch. 89-340; s. 173, ch. 2001-226.

Editor’s notes. Created from former s. 736.06.

« Title XLII. », « Ch. 734. », « Pt. II. • Fla. Stat. Title XLII, Ch. 734, Pt. II

PART II. JURISDICTION OVER FOREIGN PERSONAL REPRESENTATIVES. « Title XLII. », « Ch. 734. », « Pt. II. •, • § 734.201. » Fla. Stat. § 734.201

§ 734.201. Jurisdiction by act of foreign personal representative. A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding concerning the estate by: (1) Filing authenticated copies of the domiciliary proceedings under s. 734.104; (2) Receiving payment of money or taking delivery of personal property, under s. 734.101; or (3) Doing any act as a personal representative in this state that would have given the state jurisdiction over that person as an individual. HISTORY: S. 1, ch. 74-106; s. 99, ch. 75-220; s. 1031, ch. 97-102; s. 174, ch. 2001226.

« Title XLII. », « Ch. 734. », « Pt. II. •, « § 734.202. • Fla. Stat. § 734.202

§ 734.202. Jurisdiction by act of decedent. In addition to jurisdiction conferred by s. 734.201, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the decedent was subject to jurisdiction immediately before death. HISTORY: S. 1, ch. 74-106; s. 1032, ch. 97-102; s. 175, ch. 2001-226.

« Title XLII. », « Ch. 735. » Fla. Stat. Title XLII, Ch. 735

CHAPTER 735. PROBATE CODE: SMALL ESTATES. « Title XLII. », « Ch. 735. », • Pt. I. » Fla. Stat. Title XLII, Ch. 735, Pt. I

PART I. SUMMARY ADMINISTRATION. « Title XLII. », « Ch. 735. », • Pt. I. », • § 735.201. » Fla. Stat. § 735.201

§ 735.201. Summary administration; nature of proceedings. Summary administration may be had in the administration of either a resident or nonresident decedent’s estate, when it appears: (1) In a testate estate, that the decedent’s will does not direct administration as required by chapter 733. (2) That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000 or that the decedent has been dead for more than 2 years. HISTORY: S. 1, ch. 74-106; s. 105, ch. 75-220; s. 2, ch. 80-203; s. 13, ch. 89-340; s. 179, ch. 2001-226.

« Title XLII. », « Ch. 735. », • Pt. I. », « § 735.202. » Fla. Stat. § 735.202

§ 735.202. May be administered in the same manner as other estates. The estate may be administered in the same manner as the administration of any other estate, or it may be administered as provided in this part. HISTORY: S. 1, ch. 74-106. Editor’s notes. Created from former s. 735.02.

« Title XLII. », « Ch. 735. », • Pt. I. », « § 735.203. » Fla. Stat. § 735.203

§ 735.203. Petition for summary administration. (1) A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedent’s will offered for probate. The petition must be signed and verified by the surviving spouse, if any, and any beneficiaries except that the joinder in a petition for summary administration is not required of a beneficiary who will receive a full distributive share under the proposed distribution. However, formal notice of the petition must be served on a beneficiary not joining in the petition. (2) If a person named in subsection (1) has died, is incapacitated, or is a minor, or has conveyed or transferred all interest in the property of the estate, then, as to that person, the petition must be signed and verified by: (a) The personal representative, if any, of a deceased person or, if none, the surviving spouse, if any, and the beneficiaries; (b) The guardian of an incapacitated person or a minor; or (c) The grantee or transferee of any of them shall be authorized to sign and verify the petition instead of the beneficiary or surviving spouse. (3) If each trustee of a trust that is a beneficiary of the estate of the deceased person is also a petitioner, formal notice of the petition for summary administration shall be served on each qualified beneficiary of the trust as defined in s. 736.0103 unless joinder in, or consent to, the petition is obtained from each qualified beneficiary of the trust. HISTORY: S. 1, ch. 74-106; s. 107, ch. 75-220; s. 1, ch. 77-174; s. 180, ch. 2001-226; s. 12, ch. 2009-115, eff. July 1, 2009; s. 16, ch. 2010-132, eff. Oct. 1, 2010. Editor’s notes. Created from former s. 735.05.

« Title XLII. », « Ch. 735. », • Pt. I. », « § 735.2055. » Fla. Stat. § 735.2055

§ 735.2055. Filing of petition. The petition for summary administration may be filed at any stage of the administration of an estate if it appears that at the time of filing the estate would qualify. HISTORY: S. 47, ch. 77-87.

« Title XLII. », « Ch. 735. », • Pt. I. », « § 735.206. » Fla. Stat. § 735.206

§ 735.206. Summary administration distribution. (1) Upon the filing of the petition for summary administration, the will, if any, shall be proved in accordance with chapter 733 and be admitted to probate. (2) Prior to entry of the order of summary administration, the petitioner shall make a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, serve a copy of the petition on those creditors, and make provision for payment for those creditors to the extent that assets are available. (3) The court may enter an order of summary administration allowing immediate distribution of the assets to the persons entitled to them. (4) The order of summary administration and distribution so entered shall have the following effect: (a) Those to whom specified parts of the decedent’s estate, including exempt property, are assigned by the order shall be entitled to receive and collect the parts and to have the parts transferred to them. They may maintain actions to enforce the right. (b) Debtors of the decedent, those holding property of the decedent, and those with whom securities or other property of the decedent are registered are authorized and empowered to comply with the order by paying, delivering, or transferring to those specified in the order the parts of the decedent’s estate assigned to them by the order, and the persons so paying, delivering, or transferring shall not be accountable to anyone else for the property. (c) After the entry of the order, bona fide purchasers for value from those to whom property of the decedent may be assigned by the order shall take the property free of all claims of creditors of the decedent and all rights of the surviving spouse and all other beneficiaries. (d) Property of the decedent that is not exempt from claims of creditors and that remains in the hands of those to whom it may be assigned by the order shall continue to be liable for claims against the decedent until barred as

provided in the code. Any known or reasonably ascertainable creditor who did not receive notice and for whom provision for payment was not made may enforce the claim and, if the creditor prevails, shall be awarded reasonable attorney’s fees as an element of costs against those who joined in the petition. (e) The recipients of the decedent’s property under the order of summary administration shall be personally liable for a pro rata share of all lawful claims against the estate of the decedent, but only to the extent of the value of the estate of the decedent actually received by each recipient, exclusive of the property exempt from claims of creditors under the constitution and statutes of Florida. (f) After 2 years from the death of the decedent, neither the decedent’s estate nor those to whom it may be assigned shall be liable for any claim against the decedent, unless proceedings have been taken for the enforcement of the claim. (g) Any heir or devisee of the decedent who was lawfully entitled to share in the estate but who was not included in the order of summary administration and distribution may enforce all rights in appropriate proceedings against those who procured the order and, if successful, shall be awarded reasonable attorney’s fees as an element of costs. HISTORY: S. 1, ch. 74-106; s. 108, ch. 75-220; s. 48, ch. 77-87; s. 1, ch. 77-174; s. 14, ch. 89-340; s. 1035, ch. 97-102; s. 181, ch. 2001-226. Editor’s notes. Created from former s. 735.07.

« Title XLII. », « Ch. 735. », • Pt. I. », « § 735.2063. • Fla. Stat. § 735.2063

§ 735.2063. Notice to creditors. (1) Any person who has obtained an order of summary administration may publish a notice to creditors according to the relevant requirements of s. 733.2121, notifying all persons having claims or demands against the estate of the decedent that an order of summary administration has been entered by the court. The notice shall specify the total value of the estate and the names and addresses of those to whom it has been assigned by the order. (2) If proof of publication of the notice is filed with the court, all claims and demands of creditors against the estate of the decedent who are not known or are not reasonably ascertainable shall be forever barred unless the claims and demands are filed with the court within 3 months after the first publication of the notice. HISTORY: S. 3, ch. 80-203; s. 182, ch. 2001-226; s. 13, ch. 2003-154.

« Title XLII. », « Ch. 735. », « Pt. II. • Fla. Stat. Title XLII, Ch. 735, Pt. II

PART II. DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION. « Title XLII. », « Ch. 735. », « Pt. II. •, • § 735.301. » Fla. Stat. § 735.301

§ 735.301. Disposition without administration. (1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. (2) Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled. (3) Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon. HISTORY: S. 1, ch. 74-106; s. 111, ch. 75-220; s. 50, ch. 77-87; s. 1, ch. 77-174; s. 275, ch. 79-400; s. 52, ch. 98-421; s. 184, ch. 2001-226.

« Title XLII. », « Ch. 735. », « Pt. II. •, « § 735.302. » Fla. Stat. § 735.302

§ 735.302. Income tax refunds in certain cases. (1) In any case when the United States Treasury Department determines that an overpayment of federal income tax exists and the person in whose favor the overpayment is determined is dead at the time the overpayment of tax is to be refunded, and irrespective of whether the decedent had filed a joint and several or separate income tax return, the amount of the overpayment, if not in excess of $2,500, may be refunded as follows: (a) Directly to the surviving spouse on his or her verified application; or (b) If there is no surviving spouse, to one of the decedent’s children who is designated in a verified application purporting to be executed by all of the decedent’s children over the age of 14 years. In either event, the application must show that the decedent was not indebted, that provision has been made for the payment of the decedent’s debts, or that the entire estate is exempt from the claims of creditors under the constitution and statutes of the state, and that no administration of the estate, including summary administration, has been initiated and that none is planned, to the knowledge of the applicant. (2) If a refund is made to the surviving spouse or designated child pursuant to the application, the refund shall operate as a complete discharge to the United States from liability from any action, claim, or demand by any beneficiary of the decedent or other person. This section shall be construed as establishing the ownership or rights of the payee in the refund. HISTORY: S. 1, ch. 74-106; s. 112, ch. 75-220; s. 51, ch. 77-87; s. 1, ch. 77-174; s. 185, ch. 2001-226. Editor’s notes. Created from former s. 735.15.

« Title XLII. », « Ch. 735. », « Pt. II. •, « § 735.303. » Fla. Stat. § 735.303

§ 735.303. Payment to successor without court proceedings. (1) As used in this section, the term: (a) “Family member” means: 1. The surviving spouse of the decedent; 2. An adult child of the decedent if the decedent left no surviving spouse; 3. An adult descendant of the decedent if the decedent left no surviving spouse and no surviving adult child; or 4. A parent of the decedent if the decedent left no surviving spouse, no surviving adult child, and no surviving adult descendant. (b) “Qualified account” means a depository account or certificate of deposit held by a financial institution in the sole name of the decedent without a pay-on-death or any other survivor designation. (2) A financial institution in this state may pay to the family member of a decedent, without any court proceeding, order, or judgment, the funds on deposit in all qualified accounts of the decedent at the financial institution if the total amount of the combined funds in the qualified accounts at the financial institution do not exceed an aggregate total of $1,000. The financial institution may not make such payment earlier than 6 months after the date of the decedent’s death. (3) In order to receive the funds described in subsection (2), the family member must provide to the financial institution a certified copy of the decedent’s death certificate and a sworn affidavit that includes all of the following: (a) A statement attesting that the affiant is the surviving spouse, adult child, adult descendant, or parent of the decedent. 1. If the affiant is an adult child of the decedent, the affidavit must attest that the decedent left no surviving spouse. 2. If the affiant is an adult descendant of the decedent, the affidavit must attest that the decedent left no surviving spouse and no surviving adult child.

3. If the affiant is a parent of the decedent, the affidavit must attest that the decedent left no surviving spouse, no surviving adult child, and no surviving adult descendant. (b) The date of death and the address of the decedent’s last residence. (c) A statement attesting that the total amount in all qualified accounts held by the decedent in all financial institutions known to the affiant does not exceed an aggregate total of $1,000. (d) A statement acknowledging that a personal representative has not been appointed to administer the decedent’s estate and attesting that no probate proceeding or summary administration procedure has been commenced with respect to the estate. (e) A statement acknowledging that the affiant has no knowledge of the existence of any last will and testament or other document or agreement relating to the distribution of the decedent’s estate. (f) A statement acknowledging that the payment of the funds constitutes a full release and discharge of the financial institution’s obligation regarding the amount paid. (g) A statement acknowledging that the affiant understands that he or she is personally liable to the creditors of the decedent and other persons rightfully entitled to the funds under the Florida Probate Code, to the extent the amount paid exceeds the amount properly attributable to the affiant’s share. (h) A statement acknowledging that the affiant understands that making a false statement in the affidavit may be punishable as a criminal offense. (4) The family member may use an affidavit in substantially the following form to fulfill the requirements of subsection (3): AFFIDAVIT UNDER SECTION 735.303, FLORIDA STATUTES, TO OBTAIN BANK PROPERTY OF DECEASED ACCOUNT HOLDER: (Name of decedent) State of ________________ County of ________________

Before the undersigned authority personally appeared(name of affiant), of (residential address of affiant), who has been sworn and says the following statements are true: (a) The affiant is (initial one of the following responses): The surviving spouse of the decedent. A surviving adult child of the decedent, and the decedent left no surviving spouse. A surviving adult descendant of the decedent, and the decedent left no surviving spouse and no surviving adult child. A surviving parent of the decedent, and the decedent left no surviving spouse, no surviving adult child, and no surviving adult descendant. (b) As shown in the certified death certificate, the date of death of the decedent was (date of death), and the address of the decedent’s last residence was (address of last residence) (c) The affiant is entitled to payment of the funds in the decedent’s depository accounts and certificates of deposit held by the financial institution (name of financial institution) The total amount in all qualified accounts held by the decedent in all financial institutions known to the affiant does not exceed an aggregate total of $1,000. The affiant requests full payment from the financial institution. (d) A personal representative has not been appointed to administer the decedent’s estate, and no probate proceeding or summary administration procedure has been commenced with respect to the estate. (e) The affiant has no knowledge of any last will and testament or other document or agreement relating to the distribution of the decedent’s estate. (f) The payment of the funds constitutes a full release and discharge of the financial institution regarding the amount paid. (g) The affiant understands that he or she is personally liable to the creditors of the decedent and other persons rightfully entitled to the funds under the Florida Probate Code, to the extent the amount paid exceeds the amount properly attributable to the affiant’s share. (h) The affiant understands that making a false statement in this affidavit

may be punishable as a criminal offense. By(signature of Affiant) Sworn to and subscribed before me this day of __________ by(name of Affiant), who is personally known to me or produced as identification, and did take an oath. (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) My commission expires: (date of expiration of commission) (5) The financial institution is not required to determine whether the contents of the sworn affidavit are truthful. The payment of the funds by the financial institution to the affiant constitutes the financial institution’s full release and discharge regarding the amount paid. A person does not have a right or cause of action against the financial institution for taking an action, or for failing to take an action, in connection with the affidavit or the payment of the funds. (6) The family member who withdraws the funds under this section is personally liable to the creditors of the decedent and any other person rightfully entitled to the funds under the Florida Probate Code, to the extent the amount paid exceeds the amount properly attributable to the family member’s share. (7) The financial institution shall maintain a copy or an image of the affidavit in accordance with its customary retention policies. If a surviving spouse or descendant of the decedent requests a copy of the affidavit during such time, the financial institution may provide a copy of the affidavit to the requesting surviving spouse or descendant of the decedent. (8) In addition to any other penalty provided by law, a person who knowingly makes a false statement in a sworn affidavit given to a financial institution to receive a decedent’s funds under this section commits theft, punishable as provided in s. 812.014. History. S. 2, ch. 2020-110, effective July 1, 2020.

« Title XLII. », « Ch. 735. », « Pt. II. •, « § 735.304. • Fla. Stat. § 735.304

§ 735.304. Disposition without administration of intestate property in small estates.— (1) No administration shall be required or formal proceedings instituted upon the estate of a decedent who has died intestate leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Florida Constitution, and nonexempt personal property the value of which does not exceed the sum of $10,000 and the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness, provided the decedent has been deceased for more than 1 year and no administration of the decedent’s estate is pending in this state. (2) Any heir at law of the decedent entitled to a share of the intestate estate pursuant to s. 732.102 or s. 732.103 may by affidavit request distribution of assets of the decedent through informal application under this section. The affidavit must be signed and verified by the surviving spouse, if any, and any heirs at law, except that joinder in the affidavit is not required of an heir who will receive a full intestate share under the proposed distribution of the personal property. Before the filing of the affidavit, the affiant must make a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, and the proposed distribution must make provision for payment of those creditors to the extent that assets are available or the creditors must consent to the proposed distribution. The affidavit must be served in the manner of formal notice upon all heirs at law who have not joined in the affidavit; upon all known or reasonably ascertainable creditors of the decedent; and, if the decedent at the time of death was over the age of 55 years of age, upon the Agency for Health Care Administration. (3) If the court is satisfied that subsection (1) is applicable and the affidavit filed by the heir at law meets the requirements of subsection (2), the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, disposition, delivery, or assignment of the tangible or intangible personal property to those persons entitled.

(a) Any individual, corporation, or other person paying, transferring, delivering, or assigning personal property under the authorization shall be forever discharged from liability thereon. (b) Bona fide purchasers for value from those to whom personal property of the decedent has been paid, transferred, delivered, or assigned shall take the property free of all claims of creditors of the decedent and all rights of the surviving spouse and all other beneficiaries or heirs at law of the decedent. (c) Personal property of the decedent that is not exempt from claims of creditors and that remains in the possession of those to whom it has been paid, delivered, transferred, or assigned shall continue to be liable for claims against the decedent until barred as provided in the Florida Probate Code. Any known or reasonably ascertainable creditor who did not consent to the proposed distribution and for whom provision for payment was not made may enforce the claim and, if the creditor prevails, shall be awarded costs, including reasonable attorney fees, against those who joined in the affidavit. (d) Recipients of the decedent’s personal property under this section shall be personally liable for a pro rata share of all lawful claims against the estate of the decedent, but only to the extent of the value on the date of distribution of the personal property actually received by each recipient, exclusive of the property exempt from claims of creditors under the constitution and statutes of Florida. (e) Except as otherwise provided in s. 733.710, after 2 years from the death of the decedent, neither the decedent’s estate nor those to whom it may be distributed shall be liable for any claim against the decedent, unless within that time proceedings have been taken for the enforcement of the claim. (f) Any heir or devisee of the decedent who was lawfully entitled to share in the estate but who was not included in the distribution under this section may enforce all rights in appropriate proceedings against those who signed the affidavit or received distribution of personal property and, if successful, shall be awarded costs including reasonable attorney fees as in chancery actions. History. S. 3, ch. 2020-110, effective July 1, 2020.

« Title XLII. », « Ch. 736. » Fla. Stat. Title XLII, Ch. 736

CHAPTER 736. FLORIDA TRUST CODE. « Title XLII. », « Ch. 736. », • Pt. I. » Fla. Stat. Title XLII, Ch. 736, Pt. I

PART I. GENERAL PROVISIONS AND DEFINITIONS. « Title XLII. », « Ch. 736. », • Pt. I. », • § 736.0101. » Fla. Stat. § 736.0101

§ 736.0101. Short title. This chapter may be cited as the “Florida Trust Code” and for purposes of this chapter is referred to as the “code.” HISTORY: S. 1, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », • Pt. I. », « § 736.0102. » Fla. Stat. § 736.0102

§ 736.0102. Scope. (1) Except as otherwise provided in this section, this code applies to express trusts, charitable or noncharitable, and trusts created pursuant to a law, judgment, or decree that requires the trust to be administered in the manner of an express trust. (2) This code does not apply to constructive or resulting trusts; conservatorships; custodial arrangements pursuant to the Florida Uniform Transfers to Minors Act; business trusts providing for certificates to be issued to beneficiaries; common trust funds; trusts created by the form of the account or by the deposit agreement at a financial institution; voting trusts; security arrangements; liquidation trusts; trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind; and any arrangement under which a person is nominee or escrowee for another. (3) This code does not apply to any land trust under s. 689.071, except to the extent provided in s. 689.071(7), s. 721.08(2)(c)4., or s. 721.53(1)(e). A trust governed at its creation by this chapter, former chapter 737, or any prior trust statute superseded or replaced by any provision of former chapter 737, is not a land trust regardless of any amendment or modification of the trust, any change in the assets held in the trust, or any continuing trust resulting from the distribution or retention in further trust of assets from the trust. HISTORY: S. 1, ch. 2006-217, eff. July 1, 2007; s. 10, ch. 2007-153, eff. July 1, 2007; s. 3, ch. 2013-240, eff. June 28, 2013.

« Title XLII. », « Ch. 736. », • Pt. I. », « § 736.0103. » Fla. Stat. § 736.0103

§ 736.0103. Definitions. Unless the context otherwise requires, in this code: (1) “Action,” with respect to an act of a trustee, includes a failure to act. (2) “Affiliate” means any person or entity that directly or indirectly through one or more intermediaries owns or controls, is owned or controlled by, or is under common control or ownership with, the fiduciary. An affiliate may include, but is not limited to, an investment adviser, administrator, broker, transfer agent, placement agent, servicing agent, registrar, custodian, underwriter, sponsor, distributor, or manager. (3) “Ascertainable standard” means a standard relating to an individual’s health, education, support, or maintenance within the meaning of s. 2041(b)(1)(A) or s. 2514(c)(1) of the Internal Revenue Code of 1986, as amended. (4) “Beneficiary” means a person who has a present or future beneficial interest in a trust, vested or contingent, or who holds a power of appointment over trust property in a capacity other than that of trustee. An interest as a permissible appointee of a power of appointment, held by a person in a capacity other than that of trustee, is not a beneficial interest for purposes of this subsection. Upon an irrevocable exercise of a power of appointment, the interest of a person in whose favor the appointment is made shall be considered a present or future beneficial interest in a trust in the same manner as if the interest had been included in the trust instrument. (5) “Charitable trust” means a trust, or portion of a trust, created for a charitable purpose as described in s. 736.0405(1). (6) “Directed trust” means a trust for which the terms of the trust grant a power of direction. (7) “Directed trustee” means a trustee that is subject to a trust director’s power of direction. (8) “Distributee” means a beneficiary who is currently entitled to receive

a distribution. (9) “Environmental law” means a federal, state, or local law, rule, regulation, or ordinance that relates to protection of the environment or human health. (10) “General power of appointment” means a power of appointment exercisable in favor of the holder of the power, the power holder’s creditors, the power holder’s estate, or the creditors of the power holder’s estate. (11) “Guardian of the person” means a person appointed by the court to make decisions regarding the support, care, education, health, and welfare of a minor or an incapacitated adult. The term does not include a guardian ad litem. (12) “Guardian of the property” means a person appointed by the court to administer the estate of a minor or incapacitated adult. (13) “Interests of the beneficiaries” means the beneficial interests intended by the settlor as provided in the terms of a trust. (14) “Jurisdiction” with respect to a geographic area, includes a state or country. (15) “Permissible distributee” means a beneficiary who is currently eligible to receive a distribution. (16) “Power of direction” means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term includes a power over the investment, management, or distribution of trust property, a power to amend a trust instrument or terminate a trust, or a power over other matters of trust administration. The term excludes the powers excluded from part XIV of this chapter under s. 736.1405(2). (17) “Power of withdrawal” means a presently exercisable general power of appointment other than a power: (a) Exercisable by a trustee and limited by an ascertainable standard; or (b) Exercisable by another person only upon consent of the trustee or a person holding an adverse interest.

(18) “Property” means anything that may be the subject of ownership, real or personal, legal or equitable, or any interest therein. (19) “Qualified beneficiary” means a living beneficiary who, on the date the beneficiary’s qualification is determined: (a) Is a distributee or permissible distributee of trust income or principal; (b) Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in paragraph (a) terminated on that date without causing the trust to terminate; or (c) Would be a distributee or permissible distributee of trust income or principal if the trust terminated in accordance with its terms on that date. (20) “Revocable,” as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest. (21) “Settlor” means a person, including a testator, who creates or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person’s contribution except to the extent another person has the power to revoke or withdraw that portion. (22) “Spendthrift provision” means a term of a trust that restrains both voluntary and involuntary transfer of a beneficiary’s interest. (23) “State” means any state of the United States and includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. (24) “Terms of a trust” means: (a) Except as otherwise provided in paragraph (b), the manifestation of the settlor’s intent regarding a trust’s provisions as: 1. Expressed in the trust instrument; or 2. Established by other evidence that would be admissible in a judicial proceeding; or (b) The trust’s provisions as established, determined, or amended by: 1. A trustee or trust director in accordance with applicable law; 2. Court order; or

3. A nonjudicial settlement agreement under s. 736.0111, relating to nonjudicial settlement agreements. (25) “Trust director” means a person who is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust. (26) “Trust instrument” means an instrument executed by a settlor that contains terms of the trust, including any amendments to the trust. (27) “Trustee” means the original trustee and includes any additional trustee, any successor trustee, and any cotrustee. HISTORY: S. 1, ch. 2006-217, eff. July 1, 2007; s. 1, ch. 2009-117, eff. July 1, 2009; s. 9, ch. 2013-172, eff. Oct. 1, 2013; s. 1, ch. 2018-35, effective July 1, 2018; s. 3, ch. 2021-183, effective July 1, 2021. Editor’s notes. Sections 2041(b)(1)(A) and 2514(c)(1) of the Internal Revenue Code, referred to in this section, are codified as 26 U.S.C.S. §§ 2041(b)(1)(A) and 2514(c)(1), respectively.

« Title XLII. », « Ch. 736. », • Pt. I. », « § 736.0104. » Fla. Stat. § 736.0104

§ 736.0104. Knowledge. (1) Subject to subsection (2), a person has knowledge of a fact if the person: (a) Has actual knowledge of the fact; (b) Has received a notice or notification of the fact; or (c) Has reason to know the fact from all the other facts and circumstances known to the person at the time in question. (2) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act on matters involving the trust, or would have been brought to the employee’s attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if the organization maintains reasonable routines for communicating significant information to the employee having responsibility to act on matters involving the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual’s regular duties or the individual knows a matter involving the trust would be materially affected by the information. HISTORY: S. 1, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », • Pt. I. », « § 736.0105. » Fla. Stat. § 736.0105

§ 736.0105. Default and mandatory rules. (1) Except as otherwise provided in the terms of the trust, this code governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary. (2) The terms of a trust prevail over any provision of this code except: (a) The requirements for creating a trust. (b) Subject to s. 736.1409, relating to the duties and liabilities of a directed trustee; s. 736.1411, relating to limitations on duties of a trustee or trust director to monitor, inform, or advise on matters involving the other; and s. 736.1412, relating to the allocation of powers among cotrustees, requirements for excluded cotrustees to act as a directed trustee, and liability and related obligations of directing cotrustees, the duty of the trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries. (c) The requirement that a trust have a purpose that is lawful, not contrary to public policy, and possible to achieve. (d) The periods of limitation for commencing a judicial proceeding. (e) The power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice. (f) The requirements under s. 736.0108(1) for the designation of a principal place of administration of the trust and the requirements under s. 736.0107 for the designation of a jurisdiction the law of which determines the meaning and effect of the terms of a trust. (g) The jurisdiction and venue provisions in ss. 736.0202, 736.0203, and 736.0204. (h) The restrictions on the designation of representative under s. 736.0306. (i) The formalities required under s. 736.0403(2) for the execution of a trust. (j) The power of the court to modify or terminate a trust under ss.

736.0410-736.04115, except as provided in s. 736.04115(3)(b), and under ss. 736.0413, 736.0415, and 736.0416. (k) The ability to modify a trust under s. 736.0412, except as provided in s. 736.0412(4)(b). (l) The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in part V. (m) The trustee’s duty under s. 736.05053 to pay expenses and obligations of the settlor’s estate. (n) The trustee’s duty under s. 736.05055 to file a notice of trust at the settlor’s death. (o) The right of a trustee under s. 736.0701 to decline a trusteeship and the right of a trustee under s. 736.0705 to resign a trusteeship. (p) The power of the court under s. 736.0702 to require, dispense with, modify, or terminate a bond. (q) The power of the court under s. 736.0708(2) to adjust a trustee’s compensation specified in the terms of the trust that is unreasonably low or high. (r) The duty under s. 736.0813(1)(a) and (b) to notify qualified beneficiaries of an irrevocable trust of the existence of the trust, of the identity of the trustee, and of their rights to trust accountings. (s) The duty under s. 736.0813(1)(c) and (d) to provide a complete copy of the trust instrument and to account to qualified beneficiaries except as otherwise provided in s. 736.0813(1)(d). (t) The duty under s. 736.0813(1)(e) to respond to the request of a qualified beneficiary of an irrevocable trust for relevant information about the assets and liabilities of the trust and the particulars relating to trust administration. (u) The effect of an exculpatory term under s. 736.1011. (v) The rights under ss. 736.1013-736.1017 of a person other than a trustee or beneficiary. (w) The effect of a penalty clause for contesting a trust under s. 736.1108. HISTORY:

S. 1, ch. 2006-217, eff. July 1, 2007; s. 2, ch. 2009-117, eff. July 1, 2009; s. 2, ch. 2018-35, effective July 1, 2018; s. 4, ch. 2021-183, effective July 1, 2021; s. 2, ch. 2022-96, effective July 1, 2022.

« Title XLII. », « Ch. 736. », • Pt. I. », « § 736.0106. » Fla. Stat. § 736.0106

§ 736.0106. Common law of trusts; principles of equity. The common law of trusts and principles of equity supplement this code, except to the extent modified by this code or another law of this state. HISTORY: S. 1, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », • Pt. I. », « § 736.0107. » Fla. Stat. § 736.0107

§ 736.0107. Governing law. The meaning and effect of the terms of a trust are determined by: (1) The law of the jurisdiction designated in the terms of the trust, provided there is a sufficient nexus to the designated jurisdiction at the time of the creation of the trust or during the trust administration, including, but not limited to, the location of real property held by the trust or the residence or location of an office of the settlor, trustee, or any beneficiary; or (2) In the absence of a controlling designation in the terms of the trust, the law of the jurisdiction where the settlor resides at the time the trust is first created. Notwithstanding subsection (1) or subsection (2), a designation in the terms of a trust is not controlling as to any matter for which the designation would be contrary to a strong public policy of this state. HISTORY: S. 1, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », • Pt. I. », « § 736.0108. » Fla. Stat. § 736.0108

§ 736.0108. Principal place of administration. (1) Terms of a trust designating the principal place of administration of the trust are valid only if there is a sufficient connection with the designated jurisdiction. Without precluding other means for establishing a sufficient connection, terms of a trust designating the principal place of administration are valid and controlling if: (a) A trustee’s principal place of business is located in or a trustee is a resident of the designated jurisdiction; or (b) All or part of the administration occurs in the designated jurisdiction. (2) Unless otherwise validly designated in the trust instrument, the principal place of administration of a trust is the trustee’s usual place of business where the records pertaining to the trust are kept or, if the trustee has no place of business, the trustee’s residence. In the case of cotrustees, the principal place of administration is: (a) The usual place of business of the corporate trustee, if there is only one corporate cotrustee; (b) The usual place of business or residence of the individual trustee who is a professional fiduciary, if there is only one such person and no corporate cotrustee; or otherwise (c) The usual place of business or residence of any of the cotrustees as agreed on by the cotrustees. (3) Notwithstanding any other provision of this section, the principal place of administration of a trust, for which a bank, association, or trust company organized under the laws of this state or bank or savings association organized under the laws of the United States with its main office in this state has been appointed trustee, shall not be moved or otherwise affected solely because the trustee engaged in an interstate merger transaction with an out-of-state bank pursuant to s. 658.2953 in which the out-of-state bank is the resulting bank. (4) A trustee is under a continuing duty to administer the trust at a place

appropriate to its purposes and its administration. (5) Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection (4), may transfer the trust’s principal place of administration to another state or to a jurisdiction outside of the United States. (6) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust’s principal place of administration not less than 60 days before initiating the transfer. The notice of proposed transfer must include: (a) The name of the jurisdiction to which the principal place of administration is to be transferred. (b) The address and telephone number at the new location at which the trustee can be contacted. (c) An explanation of the reasons for the proposed transfer. (d) The date on which the proposed transfer is anticipated to occur. (e) The date, not less than 60 days after the notice is provided, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer. (7) The authority of a trustee to act under this section without court approval to transfer a trust’s principal place of administration is suspended if a qualified beneficiary files a lawsuit objecting to the proposed transfer on or before the date specified in the notice. The suspension is effective until the lawsuit is dismissed or withdrawn. (8) In connection with a transfer of the trust’s principal place of administration, the trustee may transfer any of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to s. 736.0704. HISTORY: S. 1, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », • Pt. I. », « § 736.0109. » Fla. Stat. § 736.0109

§ 736.0109. Methods and waiver of notice. (1) Notice to a person under this code or the sending of a document to a person under this code must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person’s last known place of residence or place of business, a properly directed facsimile or other electronic message, including e-mail, or posting on a secure electronic account or website in accordance with subsection (3). (2) Notice otherwise required under this code or a document otherwise required to be sent under this code need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee. (3) A document that is sent solely by posting on an electronic account or website is not deemed sent for purposes of this section unless the sender complies with this subsection. The sender has the burden of proving compliance with this subsection. (a) The recipient must sign a separate written authorization solely for the purpose of authorizing the sender to post documents on an electronic account or website before such posting. The written authorization must: 1. Specifically indicate whether a trust accounting, trust disclosure document, or limitation notice, as those terms are defined in s. 736.1008(4), will be posted in this manner, and generally enumerate the other types of documents that may be posted in this manner. 2. Contain specific instructions for accessing the electronic account or website, including the security procedures required to access the electronic account or website, such as a username and password. 3. Advise the recipient that a separate notice will be sent when a document is posted on the electronic account or website and the manner in which the separate notice will be sent. 4. Advise the recipient that the authorization to receive documents by

electronic posting may be amended or revoked at any time and include specific instructions for revoking or amending the authorization, including the address designated for the purpose of receiving notice of the revocation or amendment. 5. Advise the recipient that posting a document on the electronic account or website may commence a limitations period as short as 6 months even if the recipient never actually accesses the electronic account, electronic website, or document. (b) Once the recipient signs the written authorization, the sender must provide a separate notice to the recipient when a document is posted on the electronic account or website. As used in this subsection, the term “separate notice” means a notice sent to the recipient by means other than electronic posting, which identifies each document posted to the electronic account or website and provides instructions for accessing the document. The separate notice requirement is deemed satisfied if the recipient accesses the document on the electronic account or website. (c) A document sent by electronic posting is deemed received by the recipient on the earlier of the date on which the separate notice is received or the date on which the recipient accesses the document on the electronic account or website. (d) At least annually after a recipient signs a written authorization, a sender shall send a notice advising recipients who have authorized one or more documents to be posted on an electronic account or website that such posting may commence a limitations period as short as 6 months even if the recipient never accesses the electronic account or website or the document and that authority to receive documents by electronic posting may be amended or revoked at any time. This notice must be given by means other than electronic posting and may not be accompanied by any other written communication. Failure to provide such notice within 380 days after the last notice is deemed to automatically revoke the authorization to receive documents in the manner permitted under this subsection 380 days after the last notice is sent. (e) The notice required in paragraph (d) may be in substantially the following form: “You have authorized the receipt of documents through posting on an electronic account or website on which the documents can be

accessed. This notice is being sent to advise you that a limitations period, which may be as short as 6 months, may be running as to matters disclosed in a trust accounting or other written report of a trustee posted to the electronic account or website even if you never actually access the electronic account or website or the documents. You may amend or revoke the authorization to receive documents by electronic posting at any time. If you have any questions, please consult your attorney.” (f) A sender may rely on the recipient’s authorization until the recipient amends or revokes the authorization by sending a notice to the address designated for that purpose in the authorization or in the manner specified on the electronic account or website. The recipient, at any time, may amend or revoke an authorization to have documents posted on the electronic account or website. (g) If a document is provided to a recipient solely through electronic posting pursuant to this subsection, the recipient must be able to access and print or download the document until the earlier of 4 years after the date that the document is deemed received by the recipient or the date upon which the recipient’s access to the electronic account or website is terminated for any reason. 1. If the recipient’s access to the electronic account or website is terminated for any reason, such termination does not invalidate the notice or sending of any document previously posted on the electronic account or website in accordance with this subsection, but may toll the applicable limitations period as provided in subparagraph 2. 2. If the recipient’s access to the electronic account or website is terminated by the sender sooner than 4 years after the date on which the document was received by the recipient, any applicable limitations period set forth in s. 736.1008(1) or (2) which is still running is tolled for any information adequately disclosed in a document sent solely by electronic posting, from the date on which the recipient’s access to the electronic account or website was terminated by the sender until 45 days after the date on which the sender provides one of the following to the recipient by means other than electronic posting: a. Notice of such termination and notification to the recipient that he or she may request that any documents sent during the prior 4 years solely through

electronic posting be provided to him or her by other means at no cost; or b. Notice of such termination and notification to the recipient that his or her access to the electronic account or website has been restored. Any applicable limitations period is further tolled from the date on which any request is made pursuant to sub-subparagraph 2.a. until 20 days after the date on which the requested documents are provided to the recipient by means other than electronic posting. (h) For purposes of this subsection, access to an electronic account or website is terminated by the sender when the sender unilaterally terminates the recipient’s ability to access the electronic website or account or to download or print any document posted on such website or account. Access is not terminated by the sender when access is terminated by an action of the recipient or by an action of the sender in response to the recipient’s request to terminate access. The recipient’s revocation of authorization pursuant to paragraph (f) is not considered a request to terminate access. (i) This subsection does not affect or alter the duties of a trustee to keep clear, distinct, and accurate records pursuant to s. 736.0810 or affect or alter the time periods for which the trustee must maintain such records. (j) This subsection governs the posting of a document solely for the purpose of giving notice under this code or the sending of a document to a person under this code and does not prohibit or otherwise apply to the posting of a document on an electronic account or website for any other purpose or preclude the sending of a document by any other means. (4) Notwithstanding subsection (3), a family trust company, licensed family trust company, or foreign licensed family trust company, as defined in s. 662.111, that is a trustee of a trust may use any permissible method for providing notice or for sending a document specified in subsection (1) or may send a properly directed e-mail that contains an attached notice or document or contains a hyperlink through which the recipient can view the notice or document as a permissible method of providing notice or sending a document. For purposes of this subsection, such notice or document sent by e-mail is deemed to have been sent if any username, password, or other specific instructions needed to access the notice or document are

communicated to the recipient beforehand or contemporaneously with the sending of the e-mail message containing the notice, document, or hyperlink, or upon the request of the recipient. (5) Notice to a person under this code, or the sending of a document to a person under this code electronically, is complete when sent. (a) An electronic message is presumed received on the date that the message is sent. (b) If the sender has knowledge that an electronic message did not reach the recipient, the electronic message is deemed to have not been received. The sender has the burden to prove that another copy of the notice or document was sent by electronic message or by other means authorized by this section. (6) Notice under this code or the sending of a document under this code may be waived by the person to be notified or to whom the document is to be sent. (7) Notice and service of documents in a judicial proceeding are governed by the Florida Rules of Civil Procedure. HISTORY: S. 1, ch. 2006-217, eff. July 1, 2007; s. 1, ch. 2015-176, effective July 1, 2015; s. 3, ch. 2018-35, effective July 1, 2018; s. 3, ch. 2022-96, effective July 1, 2022.

« Title XLII. », « Ch. 736. », • Pt. I. », « § 736.0110. » Fla. Stat. § 736.0110

§ 736.0110. Others treated as qualified beneficiaries. (1) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this code if the charitable organization, on the date the charitable organization’s qualification is being determined: (a) Is a distributee or permissible distributee of trust income or principal; (b) Would be a distributee or permissible distributee of trust income or principal on termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or (c) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. (2) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in s. 736.0408 or s. 736.0409 has the rights of a qualified beneficiary under this code. (3) The Attorney General may assert the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this state. The Attorney General has standing to assert such rights in any judicial proceedings. HISTORY: S. 1, ch. 2006-217, eff. July 1, 2007; s. 5, ch. 2017-155, effective July 1, 2017.

« Title XLII. », « Ch. 736. », • Pt. I. », « § 736.0111. » Fla. Stat. § 736.0111

§ 736.0111. Nonjudicial settlement agreements. (1) For purposes of this section, the term “interested persons” means persons whose interest would be affected by a settlement agreement. (2) Except as otherwise provided in subsection (3), interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust. (3) A nonjudicial settlement agreement among the trustee and trust beneficiaries is valid only to the extent the terms and conditions could be properly approved by the court. A nonjudicial settlement may not be used to produce a result not authorized by other provisions of this code, including, but not limited to, terminating or modifying a trust in an impermissible manner. (4) Matters that may be resolved by a nonjudicial settlement agreement include: (a) The interpretation or construction of the terms of the trust. (b) The approval of a trustee’s report or accounting. (c) The direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power. (d) The resignation or appointment of a trustee and the determination of a trustee’s compensation. (e) The transfer of a trust’s principal place of administration. (f) The liability of a trustee for an action relating to the trust. (5) Any interested person may request the court to approve or disapprove a nonjudicial settlement agreement. HISTORY: S. 1, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », • Pt. I. », « § 736.0112. • Fla. Stat. § 736.0112

§ 736.0112. Qualification of foreign trustee. Unless otherwise doing business in this state, local qualification by a foreign trustee is not required for the trustee to receive distribution from a local estate. Nothing in this chapter shall affect the provisions of s. 660.41. HISTORY: S. 1, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. II. » Fla. Stat. Title XLII, Ch. 736, Pt. II

PART II. JUDICIAL PROCEEDINGS. « Title XLII. », « Ch. 736. », « Pt. II. », • § 736.0201. » Fla. Stat. § 736.0201

§ 736.0201. Role of court in trust proceedings. (1) Except as provided in subsections (5), (6), and (7) and s. 736.0206, judicial proceedings concerning trusts shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure. (2) The court may intervene in the administration of a trust to the extent the court’s jurisdiction is invoked by an interested person or as provided by law. (3) A trust is not subject to continuing judicial supervision unless ordered by the court. (4) A judicial proceeding involving a trust may relate to the validity, administration, or distribution of a trust, including proceedings to: (a) Determine the validity of all or part of a trust; (b) Appoint or remove a trustee; (c) Review trustees’ fees; (d) Review and settle interim or final accounts; (e) Ascertain beneficiaries; determine any question arising in the administration or distribution of any trust, including questions of construction of trust instruments; instruct trustees; and determine the existence or nonexistence of any immunity, power, privilege, duty, or right; (f) Obtain a declaration of rights; or (g) Determine any other matters involving trustees and beneficiaries. (5) A proceeding for the construction of a testamentary trust may be filed in the probate proceeding for the testator’s estate. The proceeding shall be governed by the Florida Probate Rules. (6) Rule 1.525, Florida Rules of Civil Procedure, shall apply to judicial

proceedings concerning trusts, except that the following do not constitute taxation of costs or attorney fees even if the payment is for services rendered or costs incurred in a judicial proceeding: (a) A trustee’s payment of compensation or reimbursement of costs to persons employed by the trustee from assets of the trust. (b) A determination by the court directing from what part of the trust fees or costs shall be paid, unless the determination is made under s. 736.1004 in an action for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee’s powers. (7) A proceeding to determine the homestead status of real property owned by a trust may be filed in the probate proceeding for the settlor’s estate if the settlor was treated as the owner of the interest held in the trust under s. 732.4015. The proceeding shall be governed by the Florida Probate Rules. HISTORY: S. 2, ch. 2006-217, eff. July 1, 2007; s. 13, ch. 2011-183, eff. June 21, 2011; s. 5, ch. 2021-183, effective July 1, 2021. Editor’s notes. Section 14, ch. 2011-183 provides: “Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law and shall apply to all proceedings pending before such date and all cases commenced on or after the effective date.”

« Title XLII. », « Ch. 736. », « Pt. II. », « § 736.0202. » Fla. Stat. § 736.0202

§ 736.0202. Jurisdiction over trustee and beneficiary. (1) In rem jurisdiction. — Any beneficiary of a trust having its principal place of administration in this state is subject to the jurisdiction of the courts of this state to the extent of the beneficiary’s interest in the trust. (2) Personal jurisdiction. (a) Any trustee, trust beneficiary, or other person, whether or not a citizen or resident of this state, who personally or through an agent does any of the following acts related to a trust, submits to the jurisdiction of the courts of this state involving that trust: 1. Accepts trusteeship of a trust having its principal place of administration in this state at the time of acceptance. 2. Moves the principal place of administration of a trust to this state. 3. Serves as trustee of a trust created by a settlor who was a resident of this state at the time of creation of the trust or serves as trustee of a trust having its principal place of administration in this state. 4. Accepts or exercises a delegation of powers or duties from the trustee of a trust having its principal place of administration in this state. 5. Commits a breach of trust in this state, or commits a breach of trust with respect to a trust having its principal place of administration in this state at the time of the breach. 6. Accepts compensation from a trust having its principal place of administration in this state. 7. Performs any act or service for a trust having its principal place of administration in this state. 8. Accepts a distribution from a trust having its principal place of administration in this state with respect to any matter involving the distribution. (b) A court of this state may exercise personal jurisdiction over a trustee,

trust beneficiary, or other person, whether found within or outside the state, to the maximum extent permitted by the State Constitution or the Federal Constitution. HISTORY: S. 2, ch. 2006-217, eff. July 1, 2007; s. 10, ch. 2013-172, eff. Oct. 1, 2013.

« Title XLII. », « Ch. 736. », « Pt. II. », « § 736.02025. » Fla. Stat. § 736.02025

§ 736.02025. Service of process. (1) Except as otherwise provided in this section, service of process upon any person may be made as provided in chapter 48. (2) Where only in rem or quasi in rem relief is sought against a person in a matter involving a trust, service of process on that person may be made by sending a copy of the summons and complaint by any commercial delivery service requiring a signed receipt or by any form of mail requiring a signed receipt. Service under this subsection shall be complete upon signing of a receipt by the addressee or by any person authorized to receive service of a summons on behalf of the addressee as provided in chapter 48. Proof of service shall be by verified statement of the person serving the summons, to which must be attached the signed receipt or other evidence satisfactory to the court that delivery was made to the addressee or other authorized person. (3) Under any of the following circumstances, service of original process pursuant to subsection (2) may be made by first-class mail: (a) If registered or certified mail service to the addressee is unavailable and if delivery by commercial delivery service is also unavailable. (b) If delivery is attempted and is refused by the addressee. (c) If delivery by mail requiring a signed receipt is unclaimed after notice to the addressee by the delivering entity. (4) If service of process is obtained under subsection (3), proof of service shall be made by verified statement of the person serving the summons. The verified statement must state the basis for service by firstclass mail, the date of mailing, and the address to which the mail was sent. HISTORY: S. 11, ch. 2013-172, eff. Oct. 1, 2013.

« Title XLII. », « Ch. 736. », « Pt. II. », « § 736.0203. » Fla. Stat. § 736.0203

§ 736.0203. Subject matter jurisdiction. The circuit court has original jurisdiction in this state of all proceedings arising under this code. HISTORY: S. 2, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. II. », « § 736.0204. » Fla. Stat. § 736.0204

§ 736.0204. Venue. Venue for actions and proceedings concerning trusts, including those under s. 736.0201, may be laid in: (1) Any county where the venue is proper under chapter 47; (2) Any county where the beneficiary suing or being sued resides or has its principal place of business; or (3) The county where the trust has its principal place of administration. HISTORY: S. 2, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. II. », « § 736.0205. » Fla. Stat. § 736.0205

§ 736.0205. Trust proceedings; dismissal of matters relating to foreign trusts. [Repealed] Repealed by s. 12, ch. 2013-172, effective October 1, 2013. HISTORY: S. 2, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. II. », « § 736.0206. » Fla. Stat. § 736.0206

§ 736.0206. Proceedings for review of employment of agents and review of compensation of trustee and employees of trust. (1) The court may review the propriety of the employment by a trustee of any person, including any attorney, auditor, investment adviser, or other specialized agent or assistant, and the reasonableness of any compensation paid to that person or to the trustee. (2) If the settlor’s estate is being probated, and the settlor’s trust or the trustee of the settlor’s trust is a beneficiary under the settlor’s will, the trustee, any person employed by the trustee, or any interested person may have the propriety of employment and the reasonableness of the compensation of the trustee or any person employed by the trustee determined in the probate proceeding. (3) The burden of proof of the propriety of the employment and the reasonableness of the compensation shall be on the trustee and the person employed by the trustee. Any person who is determined to have received excessive compensation from a trust for services rendered may be ordered to make appropriate refunds. (4) Court proceedings to determine reasonable compensation of a trustee or any person employed by a trustee, if required, are a part of the trust administration process. The costs, including attorney’s fees, of the person assuming the burden of proof of propriety of the employment and reasonableness of the compensation shall be determined by the court and paid from the assets of the trust unless the court finds the compensation paid or requested to be substantially unreasonable. The court shall direct from which part of the trust assets the compensation shall be paid. (5) The court may determine reasonable compensation for a trustee or any person employed by a trustee without receiving expert testimony. Any party may offer expert testimony after notice to interested persons. If expert testimony is offered, a reasonable expert witness fee may be awarded by the court and paid from the assets of the trust unless the court finds that the expert testimony did not assist the court. The court shall direct from which part of the trust assets the fee shall be paid.

(6) In a proceeding pursuant to subsection (2), the petitioner may serve formal notice as provided in the Florida Probate Rules, and such notice shall be sufficient for the court to acquire jurisdiction over the person receiving the notice to the extent of the person’s interest in the trust. HISTORY: S. 2, ch. 2006-217, eff. July 1, 2007; s. 3, ch. 2010-122, eff. July 1, 2010.

« Title XLII. », « Ch. 736. », « Pt. II. », « § 736.0207. • Fla. Stat. § 736.0207

§ 736.0207. Trust contests. (1) In an action to contest the validity or revocation of all or part of a trust, the contestant has the burden of establishing the grounds for invalidity. (2) An action to contest the validity of all or part of a revocable trust, or the revocation of part of a revocable trust, may not be commenced until the trust becomes irrevocable by its terms or by the settlor’s death. If all of a revocable trust has been revoked, an action to contest the revocation may not be commenced until after the settlor’s death. This section does not prohibit such action by the guardian of the property of an incapacitated settlor. HISTORY: S. 2, ch. 2006-217, eff. July 1, 2007; s. 9, ch. 2011-183, eff. June 21, 2011; s. 7, ch. 2014-127, effective July 1, 2014. Editor’s notes. Section 14, ch. 2011-183 provides: “Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law and shall apply to all proceedings pending before such date and all cases commenced on or after the effective date.” Section 8, ch. 2014-127, provides: “The changes made by this act to s. 736.0207, Florida Statutes, apply to all cases commenced on or after the effective date of this act.”

« Title XLII. », « Ch. 736. », « Pt. III. » Fla. Stat. Title XLII, Ch. 736, Pt. III

PART III. REPRESENTATION. « Title XLII. », « Ch. 736. », « Pt. III. », • § 736.0301. » Fla. Stat. § 736.0301

§ 736.0301. Representation; basic effect. (1) Notice, information, accountings, or reports given to a person who may represent and bind another person under this part may serve as a substitute for and have the same effect as notice, information, accountings, or reports given directly to the other person. (2) Actions taken by a person who represents the interests of another person under this part are binding on the person whose interests are represented to the same extent as if the actions had been taken by the person whose interests are represented. (3) Except as otherwise provided in s. 736.0602, a person under this part who represents a settlor lacking capacity may receive notice and give a binding consent on the settlor’s behalf. (4) A trustee is not liable for giving notice, information, accountings, or reports to a beneficiary who is represented by another person under this part, and nothing in this part prohibits the trustee from giving notice, information, accountings, or reports to the person represented. HISTORY: S. 3, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. III. », « § 736.0302. » Fla. Stat. § 736.0302

§ 736.0302. Representation by holder of power of appointment. (1) The holder of a power of appointment may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power. (2) The takers in default of the exercise of a power of appointment may represent and bind persons whose interests, as permissible appointees, are subject to the power. (3) Subsection (1) does not apply to: (a) Any matter determined by the court to involve fraud or bad faith by the trustee; or (b) A power of appointment held by a person while the person is the sole trustee. (4) As used in this section, the term “power of appointment” does not include a power of a trustee to make discretionary distributions of trust property. HISTORY: S. 3, ch. 2006-217, eff. July 1, 2007; s. 3, ch. 2009-117, eff. July 1, 2009.

« Title XLII. », « Ch. 736. », « Pt. III. », « § 736.0303. » Fla. Stat. § 736.0303

§ 736.0303. Representation by fiduciaries and parents. To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute: (1) A guardian of the property may represent and bind the estate that the guardian of the property controls. (2) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal. (3) A trustee may represent and bind the beneficiaries of the trust. (4) A personal representative of a decedent’s estate may represent and bind persons interested in the estate. (5) A parent may represent and bind the parent’s unborn child and the unborn descendants of such unborn child, or the parent’s minor child and the minor or unborn descendants of such minor child, if a guardian of the property for the unborn child, minor child, or such child’s descendants has not been appointed. HISTORY: S. 3, ch. 2006-217, eff. July 1, 2007; s. 4, ch. 2022-96, effective July 1, 2022.

« Title XLII. », « Ch. 736. », « Pt. III. », « § 736.0304. » Fla. Stat. § 736.0304

§ 736.0304. Representation by person having substantially identical interest. Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented. HISTORY: S. 3, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. III. », « § 736.0305. » Fla. Stat. § 736.0305

§ 736.0305. Appointment of representative. (1) If the court determines that an interest is not represented under this part, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. If not precluded by a conflict of interest, a representative may be appointed to represent several persons or interests. (2) A representative may act on behalf of the individual represented with respect to any matter arising under this code, whether or not a judicial proceeding concerning the trust is pending. (3) In making decisions, a representative may consider general benefits accruing to the living members of the represented individual’s family. HISTORY: S. 3, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. III. », « § 736.0306. • Fla. Stat. § 736.0306

§ 736.0306. Designated representative. (1) If specifically nominated in the trust instrument, one or more persons may be designated to represent and bind a beneficiary and receive any notice, information, accounting, or report. The trust instrument may also authorize any person or persons, other than a trustee of the trust, to designate one or more persons to represent and bind a beneficiary and receive any notice, information, accounting, or report. (2) Except as otherwise provided in this code, a person designated, as provided in subsection (1) may not represent and bind a beneficiary while that person is serving as trustee. (3) Except as otherwise provided in this code, a person designated, as provided in subsection (1) may not represent and bind another beneficiary if the person designated also is a beneficiary, unless: (a) That person was named by the settlor; or (b) That person is the beneficiary’s spouse or a grandparent or descendant of a grandparent of the beneficiary or the beneficiary’s spouse. (4) No person designated, as provided in subsection (1), is liable to the beneficiary whose interests are represented, or to anyone claiming through that beneficiary, for any actions or omissions to act made in good faith. HISTORY: S. 3, ch. 2006-217, eff. July 1, 2007; s. 4, ch. 2009-117, eff. July 1, 2009.

« Title XLII. », « Ch. 736. », « Pt. IV. » Fla. Stat. Title XLII, Ch. 736, Pt. IV

PART IV. CREATION, VALIDITY, MODIFICATION, AND TERMINATION. « Title XLII. », « Ch. 736. », « Pt. IV. », • § 736.0401. » Fla. Stat. § 736.0401

§ 736.0401. Methods of creating trust. A trust may be created by: (1) Transfer of property to another person as trustee during the settlor’s lifetime or by will or other disposition taking effect on the settlor’s death; (2) Declaration by the owner of property that the owner holds identifiable property as trustee; or (3) Exercise of a power of appointment in favor of a trustee. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.0402. » Fla. Stat. § 736.0402

§ 736.0402. Requirements for creation. (1) A trust is created only if: (a) The settlor has capacity to create a trust. (b) The settlor indicates an intent to create the trust. (c) The trust has a definite beneficiary or is: 1. A charitable trust; 2. A trust for the care of an animal, as provided in s. 736.0408; or 3. A trust for a noncharitable purpose, as provided in s. 736.0409. (d) The trustee has duties to perform. (e) The same person is not the sole trustee and sole beneficiary. (2) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities. (3) A power of a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.0403. » Fla. Stat. § 736.0403

§ 736.0403. Trusts created in other jurisdictions; formalities required for revocable trusts. (1) A trust not created by will is validly created if the creation of the trust complies with the law of the jurisdiction in which the trust instrument was executed or the law of the jurisdiction in which, at the time of creation, the settlor was domiciled. (2) Notwithstanding subsection (1): (a) No trust or confidence of or in any messuages, lands, tenements, or hereditaments shall arise or result unless the trust complies with the provisions of s. 689.05. (b) The testamentary aspects of a revocable trust, executed by a settlor who is a domiciliary of this state at the time of execution, are invalid unless the trust instrument is executed by the settlor with the formalities required for the execution of a will in this state. For purposes of this subsection, the term “testamentary aspects” means those provisions of the trust instrument that dispose of the trust property on or after the death of the settlor other than to the settlor’s estate. (3) Paragraph (2)(b) does not apply to trusts established as part of an employee annuity described in s. 403 of the Internal Revenue Code of 1986, as amended, an individual retirement account as described in s. 408 of the Internal Revenue Code of 1986, as amended, a Keogh (HR-10) Plan, or a retirement or other plan that is qualified under s. 401 of the Internal Revenue Code of 1986, as amended. (4) Paragraph (2)(b) applies to trusts created on or after the effective date of this code. Former s. 737.111, as in effect prior to the effective date of this code, continues to apply to trusts created before the effective date of this code. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007; s. 103, ch. 2019-3, effective July 3, 2019.

Editor’s notes. Sections 401, 403, and 408 of the Internal Revenue Code, referred to in this section, are codified as 26 U.S.C.S. §§ 401, 403, and 408, respectively.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.0404. » Fla. Stat. § 736.0404

§ 736.0404. Trust purposes.— A trust may be created only to the extent the purposes of the trust are lawful, not contrary to public policy, and possible to achieve. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007; s. 4, ch. 2018-35, effective July 1, 2018.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.0405. » Fla. Stat. § 736.0405

§ 736.0405. Charitable purposes; enforcement. (1) A trust may be created for charitable purposes. Charitable purposes include, but are not limited to, the relief of poverty; the advancement of arts, sciences, education, or religion; and the promotion of health, governmental, or municipal purposes. (2) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor’s intent to the extent such intent can be ascertained. (3) The settlor of a charitable trust, among others, has standing to enforce the trust. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.0406. » Fla. Stat. § 736.0406

§ 736.0406. Effect of fraud, duress, mistake, or undue influence. If the creation, amendment, or restatement of a trust is procured by fraud, duress, mistake, or undue influence, the trust or any part so procured is void. The remainder of the trust not procured by such means is valid if the remainder is not invalid for other reasons. If the revocation of a trust, or any part thereof, is procured by fraud, duress, mistake, or undue influence, such revocation is void. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007; s. 10, ch. 2011-183, eff. June 21, 2011. Editor’s notes. Section 14, ch. 2011-183 provides: “Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law and shall apply to all proceedings pending before such date and all cases commenced on or after the effective date.”

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.0407. » Fla. Stat. § 736.0407

§ 736.0407. Evidence of oral trust. Except as required by s. 736.0403 or a law other than this code, a trust need not be evidenced by a trust instrument but the creation of an oral trust and its terms may be established only by clear and convincing evidence. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.0408. » Fla. Stat. § 736.0408

§ 736.0408. Trust for care of an animal. (1) A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates on the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, on the death of the last surviving animal. (2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed. (3) Property of a trust authorized by this section may be applied only to the intended use of the property, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise as part of the settlor’s estate. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.0409. » Fla. Stat. § 736.0409

§ 736.0409. Noncharitable trust without ascertainable beneficiary. Except as otherwise provided in s. 736.0408 or by another provision of law, the following rules apply: (1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than 1,000 years. (2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is appointed, by a person appointed by the court. (3) Property of a trust authorized by this section may be applied only to the intended use of the property, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise as part of the settlor’s estate. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007; s. 5, ch. 2022-96, effective July 1, 2022.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.0410. » Fla. Stat. § 736.0410

§ 736.0410. Modification or termination of trust; proceedings for disapproval of nonjudicial acts. (1) In addition to the methods of termination prescribed by ss. 736.04113-736.0414, a trust terminates to the extent the trust expires or is revoked or is properly distributed pursuant to the terms of the trust. (2) A proceeding to disapprove a proposed modification or termination under s. 736.0412 or a trust combination or division under s. 736.0417 may be commenced by any beneficiary. (3) A proceeding to disapprove a proposed termination under s. 736.0414(1) may be commenced by any qualified beneficiary. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.04113. » Fla. Stat. § 736.04113

§ 736.04113. Judicial modification of irrevocable trust when modification is not inconsistent with settlor’s purpose. (1) Upon the application of a trustee of the trust or any qualified beneficiary, a court at any time may modify the terms of a trust that is not then revocable in the manner provided in subsection (2), if: (a) The purposes of the trust have been fulfilled or have become illegal, impossible, wasteful, or impracticable to fulfill; (b) Because of circumstances not anticipated by the settlor, compliance with the terms of the trust would defeat or substantially impair the accomplishment of a material purpose of the trust; or (c) A material purpose of the trust no longer exists. (2) In modifying a trust under this section, a court may: (a) Amend or change the terms of the trust, including terms governing distribution of the trust income or principal or terms governing administration of the trust; (b) Terminate the trust in whole or in part; (c) Direct or permit the trustee to do acts that are not authorized or that are prohibited by the terms of the trust; or (d) Prohibit the trustee from performing acts that are permitted or required by the terms of the trust. (3) In exercising discretion to modify a trust under this section: (a) The court shall consider the terms and purposes of the trust, the facts and circumstances surrounding the creation of the trust, and extrinsic evidence relevant to the proposed modification. (b) The court shall consider spendthrift provisions as a factor in making a decision, but the court is not precluded from modifying a trust because the trust contains spendthrift provisions. (4) The provisions of this section are in addition to, and not in derogation of, rights under the common law to modify, amend, terminate,

or revoke trusts. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.04114. » Fla. Stat. § 736.04114

§ 736.04114. Limited judicial construction of irrevocable trust with federal tax provisions. (1) Upon the application of a trustee or any qualified beneficiary of a trust, a court at any time may construe the terms of a trust that is not then revocable to define the respective shares or determine beneficiaries, in accordance with the intention of the settlor, if a disposition occurs during the applicable period and the trust contains a provision that: (a) Includes a formula disposition referring to the “unified credit,” “estate tax exemption,” “applicable exemption amount,” “applicable credit amount,” “applicable exclusion amount,” “generation-skipping transfer tax exemption,” “GST exemption,” “marital deduction,” “maximum marital deduction,” “unlimited marital deduction,” or “maximum charitable deduction”; (b) Measures a share of a trust based on the amount that can pass free of federal estate tax or the amount that can pass free of federal generationskipping transfer tax; (c) Otherwise makes a disposition referring to a charitable deduction, marital deduction, or another provision of federal estate tax or generationskipping transfer tax law; or (d) Appears to be intended to reduce or minimize federal estate tax or generation-skipping transfer tax. (2) For the purpose of this section: (a) “Applicable period” means a period beginning January 1, 2010, and ending on the end of the day on the earlier of: 1. December 31, 2010; or 2. The day before the date that an act becomes law which repeals or otherwise modifies or has the effect of repealing or modifying s. 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001. (b) A “disposition occurs” when an interest takes effect in possession or enjoyment.

(3) In construing the trust, the court shall consider the terms and purposes of the trust, the facts and circumstances surrounding the creation of the trust, and the settlor’s probable intent. In determining the settlor’s probable intent, the court may consider evidence relevant to the settlor’s intent even though the evidence contradicts an apparent plain meaning of the trust instrument. (4) This section does not apply to a disposition that is specifically conditioned upon no federal estate or generation-skipping transfer tax being imposed. (5) Unless otherwise ordered by the court, during the applicable period and without court order, the trustee administering a trust containing one or more provisions described in subsection (1) may: (a) Delay or refrain from making any distribution; (b) Incur and pay fees and costs reasonably necessary to determine its duties and obligations, including compliance with provisions of existing and reasonably anticipated future federal tax laws; and (c) Establish and maintain reserves for the payment of these fees and costs and federal taxes. The trustee is not liable for its actions as provided in this subsection which are made or taken in good faith. (6) The provisions of this section are in addition to, and not in derogation of, rights under this code or the common law to construe a trust. (7) This section is remedial in order to provide a new or modified legal remedy. This section applies retroactively and is effective as of January 1, 2010. HISTORY: S. 4, ch. 2010-122, eff. May 27, 2010. Editor’s notes. Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001, referred to in this section, is carried as a note to 26 U.S.C.S. § 1.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.04115. » Fla. Stat. § 736.04115

§ 736.04115. Judicial modification of irrevocable trust when modification is in best interests of beneficiaries. (1) Without regard to the reasons for modification provided in s. 736.04113, if compliance with the terms of a trust is not in the best interests of the beneficiaries, upon the application of a trustee or any qualified beneficiary, a court may at any time modify a trust that is not then revocable as provided in s. 736.04113(2). (2) In exercising discretion to modify a trust under this section: (a) The court shall exercise discretion in a manner that conforms to the extent possible with the intent of the settlor, taking into account the current circumstances and best interests of the beneficiaries. (b) The court shall consider the terms and purposes of the trust, the facts and circumstances surrounding the creation of the trust, and extrinsic evidence relevant to the proposed modification. (c) The court shall consider spendthrift provisions as a factor in making a decision, but the court is not precluded from modifying a trust because the trust contains spendthrift provisions. (3) This section shall not apply to: (a) Any trust created prior to January 1, 2001. (b) Any trust created after December 31, 2000, if: 1. Under the terms of the trust, all beneficial interests in the trust must vest or terminate within the period prescribed by the rule against perpetuities in s. 689.225(2), notwithstanding s. 689.225(2)(f) and (g). 2. The terms of the trust expressly prohibit judicial modification. (4) For purposes of subsection (3), a revocable trust shall be treated as created when the right of revocation terminates. (5) The provisions of this section are in addition to, and not in derogation of, rights under the common law to modify, amend, terminate, or revoke trusts.

HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007; s. 6, ch. 2022-96, effective July 1, 2022.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.04117. » Fla. Stat. § 736.04117

§ 736.04117. Trustee’s power to invade principal in trust.— (1) Definitions. — As used in this section, the term: (a) “Absolute power” means a power to invade principal that is not limited to specific or ascertainable purposes, such as health, education, maintenance, and support, regardless of whether the term “absolute” is used. A power to invade principal for purposes such as best interests, welfare, comfort, or happiness constitutes an absolute power not limited to specific or ascertainable purposes. (b) “Authorized trustee” means a trustee, other than the settlor or a beneficiary, who has the power to invade the principal of a trust. (c) “Beneficiary with a disability” means a beneficiary of the first trust who the authorized trustee believes may qualify for government benefits based on disability, regardless of whether the beneficiary currently receives those benefits or has been adjudicated incapacitated. (d) “Current beneficiary” means a beneficiary who, on the date his or her qualification is determined, is a distributee or permissible distributee of trust income or principal. The term includes the holder of a presently exercisable general power of appointment but does not include a person who is a beneficiary only because he or she holds another power of appointment. (e) “Government benefits” means financial aid or services from any state, federal, or other public agency. (f) “Internal Revenue Code” means the Internal Revenue Code of 1986, as amended. (g) “Power of appointment” has the same meaning as provided in s. 731.201. (h) “Presently exercisable general power of appointment” means a power of appointment exercisable by the power holder at the relevant time. The term: 1. Includes a power of appointment that is exercisable only after the occurrence of a specified event or that is subject to a specified restriction, but

only after the event has occurred or the restriction has been satisfied. 2. Does not include a power of appointment that is exercisable only upon the death of the power holder. (i) “Substantially similar” means that there is no material change in a beneficiary’s beneficial interests or in the power to make distributions and that the power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to the power under the first trust to make a distribution directly to the beneficiary. A distribution is deemed to be for the benefit of a beneficiary if: 1. The distribution is applied for the benefit of a beneficiary; 2. The beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under this code; or 3. The distribution is made as permitted under the terms of the first trust instrument and the second trust instrument for the benefit of the beneficiary. (j) “Supplemental needs trust” means a trust that the authorized trustee believes would not be considered a resource for purposes of determining whether the beneficiary who has a disability is eligible for government benefits. (k) “Vested interest” means a current unconditional right to receive a mandatory distribution of income, a specified dollar amount, or a percentage of value of a trust, or a current unconditional right to withdraw income, a specified dollar amount, or a percentage of value of a trust, which right is not subject to the occurrence of a specified event, the passage of a specified time, or the exercise of discretion. 1. The term includes a presently exercisable general power of appointment. 2. The term does not include a beneficiary’s interest in a trust if the trustee has discretion to make a distribution of trust property to a person other than such beneficiary. (2) Distribution from first trust to second trust when authorized trustee has absolute power to invade. —

(a) Unless a trust instrument expressly provides otherwise, an authorized trustee who has absolute power under the terms of the trust to invade its principal, referred to in this section as the “first trust,” to make current distributions to or for the benefit of one or more beneficiaries may instead exercise such power by appointing all or part of the principal of the trust subject to such power in favor of a trustee of one or more other trusts, whether created under the same trust instrument as the first trust or a different trust instrument, including a trust instrument created for the purposes of exercising the power granted by this section, each referred to in this section as the “second trust,” for the current benefit of one or more of such beneficiaries only if: 1. The beneficiaries of the second trust include only beneficiaries of the first trust; and 2. The second trust does not reduce any vested interest. (b) In an exercise of absolute power, the second trust may: 1. Retain a power of appointment granted in the first trust; 2. Omit a power of appointment granted in the first trust, other than a presently exercisable general power of appointment; 3. Create or modify a power of appointment if the power holder is a current beneficiary of the first trust; 4. Create or modify a power of appointment if the power holder is a beneficiary of the first trust who is not a current beneficiary, but the exercise of the power of appointment may take effect only after the power holder becomes, or would have become if then living, a current beneficiary of the first trust; and 5. Extend the term of the second trust beyond the term of the first trust. (c) The class of permissible appointees in favor of which a created or modified power of appointment may be exercised may differ from the class identified in the first trust. (3) Distribution from first trust to second trust when authorized trustee does not have absolute power to invade. — Unless the trust instrument expressly provides otherwise, an authorized trustee who has a power, other than an absolute power, under the terms of a first trust to

invade principal to make current distributions to or for the benefit of one or more beneficiaries may instead exercise such power by appointing all or part of the principal of the first trust subject to such power in favor of a trustee of one or more second trusts. If the authorized trustee exercises such power: (a) The second trusts, in the aggregate, shall grant each beneficiary of the first trust beneficial interests in the second trusts which are substantially similar to the beneficial interests of the beneficiary in the first trust. (b) If the first trust grants a power of appointment to a beneficiary of the first trust, the second trust shall grant such power of appointment in the second trust to such beneficiary, and the class of permissible appointees shall be the same as in the first trust. (c) If the first trust does not grant a power of appointment to a beneficiary of the first trust, the second trust may not grant a power of appointment in the second trust to such beneficiary. (d) Notwithstanding paragraphs (a), (b), and (c), the term of the second trust may extend beyond the term of the first trust, and, for any period after the first trust would have otherwise terminated, in whole or in part, under the provisions of the first trust, the trust instrument of the second trust may, with respect to property subject to such extended term: 1. Include language providing the trustee with the absolute power to invade the principal of the second trust during such extended term; and 2. Create a power of appointment, if the power holder is a current beneficiary of the first trust, or expand the class of permissible appointees in favor of which a power of appointment may be exercised. (4) Distribution from first trust to supplemental needs trust. — (a) Notwithstanding subsections (2) and (3), unless the trust instrument expressly provides otherwise, an authorized trustee who has the power under the terms of a first trust to invade the principal of the first trust to make current distributions to or for the benefit of a beneficiary with a disability may instead exercise such power by appointing all or part of the principal of the first trust in favor of a trustee of a second trust that is a supplemental needs trust if:

1. The supplemental needs trust benefits the beneficiary with a disability; 2. The beneficiaries of the second trust include only beneficiaries of the first trust; and 3. The authorized trustee determines that the exercise of such power will further the purposes of the first trust. (b) Except as affected by any change to the interests of the beneficiary with a disability, the second trusts, in the aggregate, shall grant each other beneficiary of the first trust beneficial interests in the second trusts which are substantially similar to such other beneficiary’s beneficial interests in the first trust. (5) Prohibited distributions. — (a) An authorized trustee may not distribute the principal of a trust under this section in a manner that would prevent a contribution to that trust from qualifying for, or that would reduce a federal tax benefit, including a federal tax exclusion or deduction, which was originally claimed or could have been claimed for that contribution, including: 1. An exclusion under s. 2503(b) or s. 2503(c) of the Internal Revenue Code; 2. A marital deduction under s. 2056, s. 2056A, or s. 2523 of the Internal Revenue Code; 3. A charitable deduction under s. 170(a), s. 642(c), s. 2055(a), or s. 2522(a) of the Internal Revenue Code; 4. Direct skip treatment under s. 2642(c) of the Internal Revenue Code; or 5. Any other tax benefit for income, gift, estate, or generation-skipping transfer tax purposes under the Internal Revenue Code. (b) If S corporation stock is held in the first trust, an authorized trustee may not distribute all or part of that stock to a second trust that is not a permitted shareholder under s. 1361(c)(2) of the Internal Revenue Code. If the first trust holds stock in an S corporation and is, or but for provisions of paragraphs (a), (c), and (d) would be, a qualified subchapter S trust within the meaning of s. 1361(d) of the Internal Revenue Code, the second trust instrument may not include or omit a term that prevents it from qualifying as a qualified

subchapter S trust. (c) Except as provided in paragraphs (a), (b), and (d), an authorized trustee may distribute the principal of a first trust to a second trust regardless of whether the settlor is treated as the owner of either trust under ss. 671-679 of the Internal Revenue Code; however, if the settlor is not treated as the owner of the first trust, he or she may not be treated as the owner of the second trust unless he or she at all times has the power to cause the second trust to cease being treated as if it were owned by the settlor. (d) If an interest in property which is subject to the minimum distribution rules of s. 401(a)(9) of the Internal Revenue Code is held in trust, an authorized trustee may not distribute such an interest to a second trust under subsection (2), subsection (3), or subsection (4) if the distribution would shorten the otherwise applicable maximum distribution period. (6) Exercise by writing. — The exercise of a power to invade principal under subsection (2), subsection (3), or subsection (4) must be by a written instrument signed and acknowledged by the authorized trustee and filed with the records of the first trust. (7) Restrictions on exercise of power. — The exercise of a power to invade principal under subsection (2), subsection (3), or subsection (4): (a) Is considered the exercise of a power of appointment, excluding a power to appoint to the authorized trustee, the authorized trustee’s creditors, the authorized trustee’s estate, or the creditors of the authorized trustee’s estate. (b) Is subject to the provisions of s. 689.225 covering the time at which the permissible period of the rule against perpetuities begins and the law that determines the permissible period of the rule against perpetuities of the first trust. (c) May apply to a second trust created or administered under the law of any jurisdiction. (d) May not: 1. Increase the authorized trustee’s compensation beyond the compensation specified in the first trust instrument; or 2. Relieve the authorized trustee from liability for breach of trust or

provide for indemnification of the authorized trustee for any liability or claim to a greater extent than the first trust instrument; however, the exercise of the power may divide and reallocate fiduciary powers among fiduciaries and relieve a fiduciary from liability for an act or failure to act of another fiduciary as otherwise allowed under law or common law. (8) Notice. — (a) The authorized trustee shall provide written notification of the manner in which he or she intends to exercise his or her power to invade principal to all of the following parties at least 60 days before the effective date of the authorized trustee’s exercise of such power pursuant to subsection (2), subsection (3), or subsection (4): 1. All qualified beneficiaries of the first trust. 2. If paragraph (5)(c) applies, the settlor of the first trust. 3. All trustees of the first trust. 4. Any person who has the power to remove or replace the authorized trustee of the first trust. (b) The authorized trustee’s obligation to provide notice under this subsection is satisfied when he or she provides copies of the proposed instrument exercising the power, the trust instrument of the first trust, and the proposed trust instrument of the second trust. (c) If all of those required to be notified waive the notice period by signed written instrument delivered to the authorized trustee, the authorized trustee’s power to invade principal shall be exercisable immediately. (d) The authorized trustee’s notice under this subsection does not limit the right of any beneficiary to object to the exercise of the authorized trustee’s power to invade principal except as otherwise provided in other applicable provisions of this code. (9) Inapplicability of spendthrift clause or other prohibition. — The exercise of the power to invade principal under subsection (2), subsection (3), or subsection (4) is not prohibited by a spendthrift clause or by a provision in the trust instrument that prohibits amendment or revocation of the trust.

(10) No duty to exercise. — Nothing in this section is intended to create or imply a duty to exercise a power to invade principal, and no inference of impropriety may be made as a result of an authorized trustee’s failure to exercise the power to invade principal conferred under subsections (2), (3), and (4). (11) No abridgement of common law rights. — This section may not be construed to abridge the right of any trustee who has a power of invasion to appoint property in further trust that arises under the terms of the first trust or under any other section of this code or under another provision of law or under common law. HISTORY: S. 2, ch. 2007-153, eff. July 1, 2007; s. 5, ch. 2018-35, effective March 19, 2018.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.0412. » Fla. Stat. § 736.0412

§ 736.0412. Nonjudicial modification of irrevocable trust. (1) After the settlor’s death, a trust may be modified at any time as provided in s. 736.04113(2) upon the unanimous agreement of the trustee and all qualified beneficiaries. (2) Modification of a trust as authorized in this section is not prohibited by a spendthrift clause or by a provision in the trust instrument that prohibits amendment or revocation of the trust. (3) An agreement to modify a trust under this section is binding on a beneficiary whose interest is represented by another person under part III of this code. (4) This section shall not apply to: (a) Any trust created prior to January 1, 2001. (b) Any trust created after December 31, 2000, if, under the terms of the trust, all beneficial interests in the trust must vest or terminate within the period prescribed by the rule against perpetuities in s. 689.225(2), notwithstanding s. 689.225(2)(f) and (g), unless the terms of the trust expressly authorize nonjudicial modification. (c) Any trust for which a charitable deduction is allowed or allowable under the Internal Revenue Code until the termination of all charitable interests in the trust. (5) For purposes of subsection (4), a revocable trust shall be treated as created when the right of revocation terminates. (6) The provisions of this section are in addition to, and not in derogation of, rights under the common law to modify, amend, terminate, or revoke trusts. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007; s. 7, ch. 2022-96, effective July 1, 2022.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.0413. » Fla. Stat. § 736.0413

§ 736.0413. Cy pres. (1) If a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful, the court may apply the doctrine of cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor’s charitable purposes. (2) A proceeding to modify or terminate a trust under this section may be commenced by a settlor, a trustee, or any qualified beneficiary. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.0414. » Fla. Stat. § 736.0414

§ 736.0414. Modification or termination of uneconomic trust. (1) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $50,000 may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration. (2) Upon application of a trustee or any qualified beneficiary, the court may modify or terminate a trust or remove the trustee and appoint a different trustee if the court determines that the value of the trust property is insufficient to justify the cost of administration. (3) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust. The trustee may enter into agreements or make such other provisions that the trustee deems necessary or appropriate to protect the interests of the beneficiaries and the trustee and to carry out the intent and purposes of the trust. (4) The existence of a spendthrift provision in the trust does not make this section inapplicable unless the trust instrument expressly provides that the trustee may not terminate the trust pursuant to this section. (5) This section does not apply to an easement for conservation or preservation. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.0415. » Fla. Stat. § 736.0415

§ 736.0415. Reformation to correct mistakes. Upon application of a settlor or any interested person, the court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor’s intent if it is proved by clear and convincing evidence that both the accomplishment of the settlor’s intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement. In determining the settlor’s original intent, the court may consider evidence relevant to the settlor’s intent even though the evidence contradicts an apparent plain meaning of the trust instrument. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.0416. » Fla. Stat. § 736.0416

§ 736.0416. Modification to achieve settlor’s tax objectives. Upon application of any interested person, to achieve the settlor’s tax objectives the court may modify the terms of a trust in a manner that is not contrary to the settlor’s probable intent. The court may provide that the modification has retroactive effect. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. IV. », « § 736.0417. • Fla. Stat. § 736.0417

§ 736.0417. Combination and division of trusts. (1) After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trusts or trust, respectively. (2) Subject to the terms of the trust, the trustee may take into consideration differences in federal tax attributes and other pertinent factors in administering the trust property of any separate account or trust, in making applicable tax elections, and in making distributions. A separate trust created by severance must be treated as a separate trust for all purposes from the date on which the severance is effective. The effective date of the severance may be retroactive to a date before the date on which the trustee exercises such power. HISTORY: S. 4, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. V. » Fla. Stat. Title XLII, Ch. 736, Pt. V

PART V. CREDITORS’ CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS. « Title XLII. », « Ch. 736. », « Pt. V. », • § 736.0501. » Fla. Stat. § 736.0501

§ 736.0501. Rights of beneficiary’s creditor or assignee. Except as provided in s. 736.0504, to the extent a beneficiary’s interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary’s interest by attachment of present or future distributions to or for the benefit of the beneficiary or by other means. The court may limit the award to such relief as is appropriate under the circumstances. HISTORY: S. 5, ch. 2006-217, eff. July 1, 2007; s. 11, ch. 2007-153, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. V. », « § 736.0502. » Fla. Stat. § 736.0502

§ 736.0502. Spendthrift provision. (1) A spendthrift provision is valid only if the provision restrains both voluntary and involuntary transfer of a beneficiary’s interest. This subsection does not apply to any trust the terms of which are included in an instrument executed before the effective date of this code. (2) A term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary’s interest. (3) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this part, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before receipt of the interest or distribution by the beneficiary. (4) A valid spendthrift provision does not prevent the appointment of interests through the exercise of a power of appointment. HISTORY: S. 5, ch. 2006-217, eff. July 1, 2007; s. 12, ch. 2007-153, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. V. », « § 736.0503. » Fla. Stat. § 736.0503

§ 736.0503. Exceptions to spendthrift provision. (1) As used in this section, the term “child” includes any person for whom an order or judgment for child support has been entered in this or any other state. (2) To the extent provided in subsection (3), a spendthrift provision is unenforceable against: (a) A beneficiary’s child, spouse, or former spouse who has a judgment or court order against the beneficiary for support or maintenance. (b) A judgment creditor who has provided services for the protection of a beneficiary’s interest in the trust. (c) A claim of this state or the United States to the extent a law of this state or a federal law so provides. (3) Except as otherwise provided in this subsection and in s. 736.0504, a claimant against which a spendthrift provision may not be enforced may obtain from a court, or pursuant to the Uniform Interstate Family Support Act, an order attaching present or future distributions to or for the benefit of the beneficiary. The court may limit the award to such relief as is appropriate under the circumstances. Notwithstanding this subsection, the remedies provided in this subsection apply to a claim by a beneficiary’s child, spouse, former spouse, or a judgment creditor described in paragraph (2)(a) or paragraph (2)(b) only as a last resort upon an initial showing that traditional methods of enforcing the claim are insufficient. HISTORY: S. 5, ch. 2006-217, eff. July 1, 2007; s. 13, ch. 2007-153, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. V. », « § 736.0504. » Fla. Stat. § 736.0504

§ 736.0504. Discretionary trusts; effect of standard. (1) As used in this section, the term “discretionary distribution” means a distribution that is subject to the trustee’s discretion whether or not the discretion is expressed in the form of a standard of distribution and whether or not the trustee has abused the discretion. (2) Whether or not a trust contains a spendthrift provision, if a trustee may make discretionary distributions to or for the benefit of a beneficiary, a creditor of the beneficiary, including a creditor as described in s. 736.0503(2), may not: (a) Compel a distribution that is subject to the trustee’s discretion; or (b) Attach or otherwise reach the interest, if any, which the beneficiary might have as a result of the trustee’s authority to make discretionary distributions to or for the benefit of the beneficiary. (3) If the trustee’s discretion to make distributions for the trustee’s own benefit is limited by an ascertainable standard, a creditor may not reach or compel distribution of the beneficial interest except to the extent the interest would be subject to the creditor’s claim were the beneficiary not acting as trustee. (4) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution. HISTORY: S. 5, ch. 2006-217, eff. July 1, 2007; s. 14, ch. 2007-153, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. V. », « § 736.0505. » Fla. Stat. § 736.0505

§ 736.0505. Creditors’ claims against settlor. (1) Whether or not the terms of a trust contain a spendthrift provision, the following rules apply: (a) The property of a revocable trust is subject to the claims of the settlor’s creditors during the settlor’s lifetime to the extent the property would not otherwise be exempt by law if owned directly by the settlor. (b) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor’s benefit. If a trust has more than one settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor’s interest in the portion of the trust attributable to that settlor’s contribution. (c) Notwithstanding the provisions of paragraph (b), the assets of an irrevocable trust may not be subject to the claims of an existing or subsequent creditor or assignee of the settlor, in whole or in part, solely because of the existence of a discretionary power granted to the trustee by the terms of the trust, or any other provision of law, to pay directly to the taxing authorities or to reimburse the settlor for any tax on trust income or principal which is payable by the settlor under the law imposing such tax. (2) For purposes of this section: (a) During the period the power may be exercised, the holder of a power of withdrawal is treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power. (b) Upon the lapse, release, or waiver of the power, the holder is treated as the settlor of the trust only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in: 1. Section 2041(b)(2) or s. 2514(e); or 2. Section 2503(b) and, if the donor was married at the time of the transfer to which the power of withdrawal applies, twice the amount specified in s. 2503(b), of the Internal Revenue Code of 1986, as amended.

(3) Subject to the provisions of s. 726.105, for purposes of this section, the assets in: (a)1. A trust described in s. 2523(e) of the Internal Revenue Code of 1986, as amended; 2. A trust for which the election described in s. 2523(f) of the Internal Revenue Code of 1986, as amended, has been made; or 3. An irrevocable trust not otherwise described in subparagraph 1. or subparagraph 2. in which: a. The settlor’s spouse is a beneficiary as described in s. 736.0103(19)(a) for the lifetime of the settlor’s spouse; b. At no time during the lifetime of the settlor’s spouse is the settlor a beneficiary as described in s. 736.0103(19)(a); and c. Transfers to the trust by the settlor are completed gifts under s. 2511 of the Internal Revenue Code of 1986, as amended; and (b) Another trust, to the extent that the assets in the other trust are attributable to a trust described in paragraph (a), shall, after the death of the settlor’s spouse, be deemed to have been contributed by the settlor’s spouse and not by the settlor. shall, after the death of the settlor’s spouse, be deemed to have been contributed by the settlor’s spouse and not by the settlor. HISTORY: S. 5, ch. 2006-217, eff. July 1, 2007; s. 5, ch. 2010-122, eff. July 1, 2010; s. 2, ch. 2022-101, effective July 1, 2022. Editor’s notes. Sections 2041(b)(2), 2503(b), 2514(e), and 2523 of the Internal Revenue Code, referred to in this section, are codified as 26 U.S.C.S. §§ 2041(b)(2), 2503(b), 2514(e), and 2523, respectively.

« Title XLII. », « Ch. 736. », « Pt. V. », « § 736.05053. » Fla. Stat. § 736.05053

§ 736.05053. Trustee’s duty to pay expenses and obligations of settlor’s estate. (1) A trustee of a trust described in s. 733.707(3) shall pay to the personal representative of a settlor’s estate any amounts that the personal representative certifies in writing to the trustee are required to pay the expenses of the administration and obligations of the settlor’s estate. Payments made by a trustee, unless otherwise provided in the trust instrument, must be charged as expenses of the trust without a contribution from anyone. The interests of all beneficiaries of such a trust are subject to the provisions of this subsection; however, the payments must be made from assets, property, or the proceeds of the assets or property that are included in the settlor’s gross estate for federal estate tax purposes and may not be made from assets proscribed in s. 733.707(3) or death benefits described in s. 733.808(4) unless the trust instrument expressly refers to s. 733.808(4) and directs that it does not apply . (2) Unless a settlor provides by will, or designates in a trust described in s. 733.707(3) funds or property passing under the trust to be used as designated, the expenses of the administration and obligations of the settlor’s estate must be paid from the trust in the following order: (a) Property of the residue of the trust remaining after all distributions that are to be satisfied by reference to a specific property or type of property, fund, or sum. (b) Property that is not to be distributed from specified or identified property or a specified or identified item of property. (c) Property that is to be distributed from specified or identified property or a specified or identified item of property. (3) Trust distributions that are to be satisfied from specified or identified property must be classed as distributions to be satisfied from the general assets of the trust and not otherwise disposed of in the trust instrument on the failure or insufficiency of funds or property from which payment should be made, to the extent of the insufficiency. Trust distributions given for valuable consideration abate with other distributions of the same class

only to the extent of the excess over the value of the consideration until all others of the same class are exhausted. Except as provided in this section, trust distributions abate equally and ratably and without preference or priority between real and personal property. When a specified or identified item of property that has been designated for distribution in the trust instrument or that is charged with a distribution is sold or taken by the trustee, other beneficiaries shall contribute according to their respective interests to the beneficiary whose property has been sold or taken. Before distribution, the trustee shall determine the amounts of the respective contributions and such amounts must be paid or withheld before distribution is made. (4) The trustee shall pay the expenses of trust administration, including compensation of trustees and attorneys of the trustees, before and in preference to the expenses of the administration and obligations of the settlor’s estate. (5) Nonresiduary trust dispositions shall abate pro rata with nonresiduary devises pursuant to the priorities specified in this section and s. 733.805, determined as if the beneficiaries of the will and trust, other than the estate or trust itself, were taking under a common instrument. HISTORY: S. 5, ch. 2006-217, eff. July 1, 2007; s. 6, ch. 2010-122, eff. July 1, 2010; s. 9, ch. 2014-127, effective July 1, 2014. Editor’s notes. Section 10, ch. 2014-127, provides: “The changes made by this act to s. 736.05053, Florida Statutes, are intended to clarify existing law, are remedial in nature, and apply retroactively without regard to the date of the settlor’s death.”

« Title XLII. », « Ch. 736. », « Pt. V. », « § 736.05055. » Fla. Stat. § 736.05055

§ 736.05055. Notice of trust. (1) Upon the death of a settlor of a trust described in s. 733.707(3), the trustee must file a notice of trust with the court of the county of the settlor’s domicile and the court having jurisdiction of the settlor’s estate. (2) The notice of trust must contain the name of the settlor, the settlor’s date of death, the title of the trust, if any, the date of the trust, and the name and address of the trustee. (3) If the settlor’s probate proceeding has been commenced, the clerk shall notify the trustee in writing of the date of the commencement of the probate proceeding and the file number. (4) The clerk shall file and index the notice of trust in the same manner as a caveat unless there exists a probate proceeding for the settlor’s estate, in which case the notice of trust must be filed in the probate proceeding and the clerk shall send a copy to the personal representative. (5) The clerk shall send a copy of any caveat filed regarding the settlor to the trustee, and the notice of trust to any caveator, unless there is a probate proceeding pending and the personal representative and the trustee are the same. (6) Any proceeding affecting the expenses of the administration or obligations of the settlor’s estate prior to the trustee filing a notice of trust are binding on the trustee. (7) The trustee’s failure to file the notice of trust does not affect the trustee’s obligation to pay expenses of administration and obligations of the settlor’s estate as provided in s. 733.607(2). HISTORY: S. 5, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. V. », « § 736.0506. » Fla. Stat. § 736.0506

§ 736.0506. Overdue distribution. (1) As used in this section, the term “mandatory distribution” means a distribution of income or principal the trustee is required to make to a beneficiary under the terms of the trust, including a distribution on termination of the trust. The term does not include a distribution subject to the exercise of the trustee’s discretion, even if: (a) The discretion is expressed in the form of a standard of distribution; or (b) The terms of the trust authorizing a distribution couple language of discretion with language of direction. (2) A creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date, whether or not a trust contains a spendthrift provision. HISTORY: S. 5, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. V. », « § 736.0507. • Fla. Stat. § 736.0507

§ 736.0507. Personal obligations of trustee. Except to the extent of the trustee’s interest in the trust other than as a trustee, trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt. HISTORY: S. 5, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VI. » Fla. Stat. Title XLII, Ch. 736, Pt. VI

PART VI. REVOCABLE TRUSTS. « Title XLII. », « Ch. 736. », « Pt. VI. », • § 736.0601. » Fla. Stat. § 736.0601

§ 736.0601. Capacity of settlor of revocable trust. The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will. HISTORY: S. 6, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VI. », « § 736.0602. » Fla. Stat. § 736.0602

§ 736.0602. Revocation or amendment of revocable trust. (1) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before the effective date of this code. (2) If a revocable trust is created or funded by more than one settlor: (a) To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses. (b) To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor’s contribution. (c) Upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment. (3) Subject to s. 736.0403(2), the settlor may revoke or amend a revocable trust: (a) By substantial compliance with a method provided in the terms of the trust; or (b) If the terms of the trust do not provide a method, by: 1. A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or 2. Any other method manifesting clear and convincing evidence of the settlor’s intent. (4) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs. (5) A settlor’s powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power

of attorney only as authorized by s. 709.2202. (6) A guardian of the property of the settlor may exercise a settlor’s powers with respect to revocation, amendment, or distribution of trust property only as provided in s. 744.441. (7) A trustee who does not know that a trust has been revoked or amended is not liable for distributions made and other actions taken on the assumption that the trust had not been amended or revoked. HISTORY: S. 6, ch. 2006-217, eff. July 1, 2007; s. 32, ch. 2011-210, eff. Oct. 1, 2011.

« Title XLII. », « Ch. 736. », « Pt. VI. », « § 736.0603. » Fla. Stat. § 736.0603

§ 736.0603. Settlor’s powers; powers of withdrawal. (1) While a trust is revocable, the duties of the trustee are owed exclusively to the settlor. (2) During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power. (3) Subject to ss. 736.0403(2) and 736.0602(3)(a), the trustee may follow a direction of the settlor that is contrary to the terms of the trust while a trust is revocable. HISTORY: S. 6, ch. 2006-217, eff. July 1, 2007; s. 6, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. VI. », « § 736.0604. • Fla. Stat. § 736.0604

§ 736.0604. Limitation on action contesting validity of revocable trust. An action to contest the validity of a trust that was revocable at the settlor’s death is barred, if not commenced within the earlier of: (1) The time as provided in chapter 95; or (2) Six months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust’s existence, of the trustee’s name and address, and of the time allowed for commencing a proceeding. HISTORY: S. 6, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VII. » Fla. Stat. Title XLII, Ch. 736, Pt. VII

PART VII. OFFICE OF TRUSTEE. « Title XLII. », « Ch. 736. », « Pt. VII. », • § 736.0701. » Fla. Stat. § 736.0701

§ 736.0701. Accepting or declining trusteeship. (1) Except as otherwise provided in subsection (3), a person designated as trustee accepts the trusteeship: (a) By substantially complying with a method of acceptance provided in the terms of the trust; or (b) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship. (2) A person designated as trustee who has not accepted the trusteeship may decline the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have declined the trusteeship. (3) A person designated as trustee may, without accepting the trusteeship: (a) Act to preserve the trust property if, within a reasonable time after acting, the person sends to a qualified beneficiary a written statement declining the trusteeship. (b) Inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose. HISTORY: S. 7, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VII. », « § 736.0702. » Fla. Stat. § 736.0702

§ 736.0702. Trustee’s bond. (1) A trustee shall give bond to secure performance of the trustee’s duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement. (2) The court may specify the amount of a bond, the trustee’s liabilities under the bond, and whether sureties are necessary. The court may modify or terminate a bond at any time. HISTORY: S. 7, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VII. », « § 736.0703. » Fla. Stat. § 736.0703

§ 736.0703. Cotrustees. (1) Cotrustees who are unable to reach a unanimous decision may act by majority decision. (2) If a vacancy occurs in a cotrusteeship, the remaining cotrustees or a majority of the remaining cotrustees may act for the trust. (3) Subject to s. 736.1412, relating to the allocation of powers among cotrustees, requirements for excluded cotrustees to act as a directed trustee, and liability and related obligations of directing cotrustees, a cotrustee must participate in the performance of a trustee’s function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other provision of law, or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another cotrustee. (4) If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust. (5) A cotrustee may not delegate to another cotrustee the performance of a function the settlor reasonably expected the cotrustees to perform jointly, except that a cotrustee may delegate investment functions to a cotrustee pursuant to and in compliance with s. 518.112. A cotrustee may revoke a delegation previously made. (6) Except as otherwise provided in subsection (7), a cotrustee who does not join in an action of another cotrustee is not liable for the action. (7) Except as otherwise provided in s. 736.1412, relating to the allocation of powers among cotrustees, requirements for excluded cotrustees to act as a directed trustee, and liability and related obligations of directing cotrustees, each cotrustee shall exercise reasonable care to: (a) Prevent a cotrustee from committing a breach of trust.

(b) Compel a cotrustee to redress a breach of trust. (8) A dissenting cotrustee who joins in an action at the direction of the majority of the cotrustees and who notifies any cotrustee of the dissent at or before the time of the action is not liable for the action. HISTORY: S. 7, ch. 2006-217, eff. July 1, 2007; s. 1, ch. 2008-76, eff. July 1, 2008; s. 5, ch. 2009-117, eff. July 1, 2009; s. 1, ch. 2014-115, effective July 1, 2014; s. 7, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. VII. », « § 736.0704. » Fla. Stat. § 736.0704

§ 736.0704. Vacancy in trusteeship; appointment of successor. (1) A vacancy in a trusteeship occurs if: (a) A person designated as trustee declines the trusteeship; (b) A person designated as trustee cannot be identified or does not exist; (c) A trustee resigns; (d) A trustee is disqualified or removed; (e) A trustee dies; or (f) A trustee is adjudicated to be incapacitated. (2) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee. (3) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority: (a) By a person named or designated pursuant to the terms of the trust to act as successor trustee. (b) By a person appointed by unanimous agreement of the qualified beneficiaries. (c) By a person appointed by the court. (4) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority: (a) By a person named or designated pursuant to the terms of the trust to act as successor trustee. (b) By a person selected by unanimous agreement of the charitable organizations expressly designated to receive distributions under the terms of the trust. (c) By a person appointed by the court. (5) The court may appoint an additional trustee or special fiduciary

whenever the court considers the appointment necessary for the administration of the trust, whether or not a vacancy in a trusteeship exists or is required to be filled. HISTORY: S. 7, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VII. », « § 736.0705. » Fla. Stat. § 736.0705

§ 736.0705. Resignation of trustee. (1) A trustee may resign in accordance with the procedure set forth in the trust instrument and upon notice to the cotrustees or, if none, to the successor trustee who has accepted the appointment, or, if none, to the person or persons who have the authority to appoint a successor trustee. Notwithstanding any provision of the terms of the trust, a trustee may also resign: (a) Upon at least 30 days’ notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or (b) With the approval of the court. (2) In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property. (3) Any liability of a resigning trustee or of any sureties on the trustee’s bond for acts or omissions of the trustee is not discharged or affected by the trustee’s resignation. HISTORY: S. 7, ch. 2006-217, eff. July 1, 2007; s. 3, ch. 2022-101, effective July 1, 2022.

« Title XLII. », « Ch. 736. », « Pt. VII. », « § 736.0706. » Fla. Stat. § 736.0706

§ 736.0706. Removal of trustee. (1) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on the court’s own initiative. (2) The court may remove a trustee if: (a) The trustee has committed a serious breach of trust; (b) The lack of cooperation among cotrustees substantially impairs the administration of the trust; (c) Due to the unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or (d) There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available. (3) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under s. 736.1001(2) as may be necessary to protect the trust property or the interests of the beneficiaries. HISTORY: S. 7, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VII. », « § 736.0707. » Fla. Stat. § 736.0707

§ 736.0707. Delivery of property by former trustee. (1) Unless a cotrustee remains in office or the court otherwise orders and until the trust property is delivered to a successor trustee or other person entitled to the property, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property. (2) A trustee who has resigned or been removed shall within a reasonable time deliver the trust property within the trustee’s possession to the cotrustee, successor trustee, or other person entitled to the property, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes. The provisions of this subsection are in addition to and are not in derogation of the rights of a removed or resigning trustee under the common law. HISTORY: S. 7, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VII. », « § 736.0708. » Fla. Stat. § 736.0708

§ 736.0708. Compensation of trustee. (1) If the terms of a trust do not specify the trustee’s compensation, a trustee is entitled to compensation that is reasonable under the circumstances. (2) If the terms of a trust specify the trustee’s compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if: (a) The duties of the trustee are substantially different from those contemplated when the trust was created; or (b) The compensation specified by the terms of the trust would be unreasonably low or high. (3) If the trustee has rendered other services in connection with the administration of the trust, the trustee shall also be allowed reasonable compensation for the other services rendered in addition to reasonable compensation as trustee. (4)(a) An attorney serving as a trustee, or a person related to such attorney, is not entitled to compensation for serving as a trustee if the attorney prepared or supervised the execution of the trust instrument that appointed the attorney or person related to the attorney as trustee, unless the attorney or person appointed is related to the settlor or the attorney makes the following disclosures to the settlor before the trust instrument is executed: 1. Unless specifically disqualified by the terms of the trust instrument, any person, regardless of state of residence and including a family member, friend, or corporate fiduciary, is eligible to serve as a trustee; 2. Any person, including an attorney, who serves as a trustee is entitled to receive reasonable compensation for serving as trustee; and 3. Compensation payable to the trustee is in addition to any attorney fees payable to the attorney or the attorney’s firm for legal services rendered to the trustee. (b)1. The settlor must execute a written statement acknowledging that the

disclosures required under paragraph (a) were made prior to the execution of the trust instrument. The written statement must be in a separate writing from the trust instrument but may be annexed to the trust instrument. The written statement may be executed before or after the execution of the trust in which the attorney or related person is appointed as the trustee. 2. The written statement must be in substantially the following form: I, (Name), declare that: I have designated my attorney, an attorney employed in the same law firm as my attorney, or a person related to my attorney as a trustee in my trust instrument dated (insert date) Before executing the trust, I was informed that: 1. Unless specifically disqualified by the terms of the trust instrument, any person, regardless of state of residence and including family members, friends, and corporate fiduciaries, is eligible to serve as a trustee. 2. Any person, including an attorney, who serves as a trustee is entitled to receive reasonable compensation for serving as trustee. 3. Compensation payable to the trustee is in addition to any attorney fees payable to the attorney or the attorney’s firm for legal services rendered to the trustee.

(c) For purposes of this subsection: 1. An attorney is deemed to have prepared, or supervised the execution of, a trust instrument if the preparation, or supervision of the execution, of the trust instrument was performed by an employee or attorney employed by the same firm as the attorney at the time the trust instrument was executed. 2. A person is “related” to an individual if, at the time the attorney prepared or supervised the execution of the trust instrument, the person is: a. A spouse of the individual; b. A lineal ascendant or descendant of the individual; c. A sibling of the individual;

d. A relative of the individual or of the individual’s spouse with whom the attorney maintains a close, familial relationship; e. A spouse of a person described in sub-subparagraphs b.-d.; f. A person who cohabitates with the individual; or g. An employee or attorney employed by the same firm as the attorney at the time the trust instrument is executed. 3. An attorney or a person related to the attorney is deemed appointed in the trust instrument when the trust instrument appoints the attorney or the person related to the attorney as trustee, cotrustee, successor, or alternate trustee in the event another person nominated is unable to or unwilling to serve, or provides the attorney or any person related to the attorney with the power to appoint the trustee and the attorney or person related to the attorney was appointed using that power. (d) Other than compensation payable to the trustee, this subsection does not limit any rights or remedies that any interested person may have at law or equity. (e) The failure to obtain an acknowledgment from the settlor under this subsection does not disqualify a trustee from serving and does not affect the validity of a trust instrument. (f) This subsection applies to all appointments made pursuant to a trust agreement: 1. Executed by a resident of this state on or after October 1, 2020; or 2. Amended by a resident of this state on or after October 1, 2020, if the trust agreement nominates the attorney who prepared or supervised the execution of the amendment or a person related to such attorney as trustee. HISTORY: S. 7, ch. 2006-217, eff. July 1, 2007; s. 9, ch. 2020-67, effective October 1, 2020.

« Title XLII. », « Ch. 736. », « Pt. VII. », « § 736.0709. • Fla. Stat. § 736.0709

§ 736.0709. Reimbursement of expenses. (1) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for reasonable expenses that were properly incurred in the administration of the trust. (2) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest. HISTORY: S. 7, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VIII. » Fla. Stat. Title XLII, Ch. 736, Pt. VIII

PART VIII. DUTIES AND POWERS OF TRUSTEE. « Title XLII. », « Ch. 736. », « Pt. VIII. », • § 736.0801. » Fla. Stat. § 736.0801

§ 736.0801. Duty to administer trust. Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this code. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.0802. » Fla. Stat. § 736.0802

§ 736.0802. Duty of loyalty. (1) As between a trustee and the beneficiaries, a trustee shall administer the trust solely in the interests of the beneficiaries. (2) Subject to the rights of persons dealing with or assisting the trustee as provided in s. 736.1016, a sale, encumbrance, or other transaction involving the investment or management of trust property entered into by the trustee for the trustee’s own personal account or which is otherwise affected by a conflict between the trustee’s fiduciary and personal interests is voidable by a beneficiary affected by the transaction unless: (a) The transaction was authorized by the terms of the trust; (b) The transaction was approved by the court; (c) The beneficiary did not commence a judicial proceeding within the time allowed by s. 736.1008; (d) The beneficiary consented to the trustee’s conduct, ratified the transaction, or released the trustee in compliance with s. 736.1012; (e) The transaction involves a contract entered into or claim acquired by the trustee when that person had not become or contemplated becoming trustee; (f) The transaction was consented to in writing by a settlor of the trust while the trust was revocable; (g) The transaction is one by a corporate trustee that involves a money market mutual fund, mutual fund, or a common trust fund described in s. 736.0816(3); or (h) With regard to a trust that is administered by a family trust company, licensed family trust company, or foreign licensed family trust company operating under chapter 662, the transaction is authorized by s. 662.132(4)(8). (3)(a) A sale, encumbrance, or other transaction involving the investment or management of trust property is presumed to be affected by a conflict

between personal and fiduciary interests if the sale, encumbrance, or other transaction is entered into by the trustee with: 1. The trustee’s spouse; 2. The trustee’s descendants, siblings, parents, or their spouses; 3. An officer, director, employee, agent, or attorney of the trustee; or 4. A corporation or other person or enterprise in which the trustee, or a person that owns a significant interest in the trustee, has an interest that might affect the trustee’s best judgment. (b) This subsection does not apply to a trust being administered by a family trust company, licensed family trust company, or foreign licensed family trust company operating under chapter 662 if the sale, encumbrance, or other transaction is authorized by s. 662.132(4)-(8). (4) A transaction not concerning trust property in which the trustee engages in the trustee’s individual capacity involves a conflict between personal and fiduciary interests if the transaction concerns an opportunity properly belonging to the trust. (5)(a) An investment by a trustee authorized by lawful authority to engage in trust business, as defined in s. 658.12, in investment instruments, as defined in s. 660.25(6), that are owned or controlled by the trustee or its affiliate, or from which the trustee or its affiliate receives compensation for providing services in a capacity other than as trustee, is not presumed to be affected by a conflict between personal and fiduciary interests provided the investment otherwise complies with chapters 518 and 660 and the trustee complies with the requirements of this subsection. (b) A trustee who, pursuant to this subsection, invests trust funds in investment instruments that are owned or controlled by the trustee or its affiliate shall disclose the following to all qualified beneficiaries: 1. Notice that the trustee has invested trust funds in investment instruments owned or controlled by the trustee or its affiliate. 2. The identity of the investment instruments. 3. The identity and relationship to the trustee of any affiliate that owns or controls the investment instruments.

(c) A trustee who, pursuant to this subsection, invests trust funds in investment instruments with respect to which the trustee or its affiliate receives compensation for providing services in a capacity other than as trustee shall disclose to all qualified beneficiaries, the nature of the services provided by the trustee or its affiliate, and all compensation, including, but not limited to, fees or commissions paid or to be paid by the account and received or to be received by an affiliate arising from such affiliated investment. (d) Disclosure required by this subsection shall be made at least annually unless there has been no change in the method or increase in the rate at which such compensation is calculated since the most recent disclosure. The disclosure may be given in a trust disclosure document as defined in s. 736.1008, in a copy of the prospectus for the investment instrument, in any other written disclosure prepared for the investment instrument under applicable federal or state law, or in a written summary that includes all compensation received or to be received by the trustee and any affiliate of the trustee and an explanation of the manner in which such compensation is calculated, either as a percentage of the assets invested or by some other method. (e) This subsection shall apply as follows: 1. This subsection does not apply to qualified investment instruments or to a trust for which a right of revocation exists. 2. For investment instruments other than qualified investment instruments, paragraphs (a), (b), (c), and (d) shall apply to irrevocable trusts created on or after July 1, 2007, which expressly authorize the trustee, by specific reference to this subsection, to invest in investment instruments owned or controlled by the trustee or its affiliate. 3. For investment instruments other than qualified investment instruments, paragraphs (a), (b), (c), and (d) shall apply to irrevocable trusts created on or after July 1, 2007, that are not described in subparagraph 2. and to irrevocable trusts created prior to July 1, 2007, only as follows: a. Such paragraphs shall not apply until the statement required in paragraph (f) is provided and a majority of the qualified beneficiaries have provided written consent. All consents must be obtained within 90 days after

the date of delivery of the written request. Once given, consent shall be valid as to all investment instruments acquired pursuant to the consent prior to the date of any withdrawal of the consent. (I) Any qualified beneficiary may petition the court for an order to prohibit, limit, or restrict a trustee’s authority to make investments under this subsection. The burden shall be upon the petitioning beneficiary to show good cause for the relief sought. (II) The court may award costs and attorney fees relating to any petition under this subparagraph in the same manner as in chancery actions. When costs and attorney fees are to be paid out of the trust, the court, in its discretion, may direct from which part of the trust such costs and fees shall be paid. b. The consent of a majority of the qualified beneficiaries under this subparagraph may be withdrawn prospectively by written notice of a majority of any one of the class or classes of the qualified beneficiaries. (f)1. The trustee of a trust as defined in s. 731.201 may request authority to invest in investment instruments described in this subsection other than a qualified investment instrument, by providing to all qualified beneficiaries a written request containing the following: a. The name, telephone number, street address, and mailing address of the trustee and of any individuals who may be contacted for further information. b. A statement that the investment or investments cannot be made without the consent of a majority of each class of the qualified beneficiaries. c. A statement that, if a majority of each class of qualified beneficiaries consent, the trustee will have the right to make investments in investment instruments, as defined in s. 660.25(6), which are owned or controlled by the trustee or its affiliate, or from which the trustee or its affiliate receives compensation for providing services in a capacity other than as trustee, that such investment instruments may include investment instruments sold primarily to trust accounts, and that the trustee or its affiliate may receive fees in addition to the trustee’s compensation for administering the trust. d. A statement that the consent may be withdrawn prospectively at any time by written notice given by a majority of any class of the qualified beneficiaries.

A statement by the trustee is not delivered if the statement is accompanied by another written communication other than a written communication by the trustee that refers only to the statement. 2. For purposes of paragraph (e) and this paragraph: a. “Majority of the qualified beneficiaries” means: (I) If at the time the determination is made there are one or more beneficiaries as described in s. 736.0103(19)(c), at least a majority in interest of the beneficiaries described in s. 736.0103(19)(a), at least a majority in interest of the beneficiaries described in s. 736.0103(19)(b), and at least a majority in interest of the beneficiaries described in s. 736.0103(19)(c), if the interests of the beneficiaries are reasonably ascertainable; otherwise, a majority in number of each such class; or (II) If there is no beneficiary as described in s. 736.0103(19)(c), at least a majority in interest of the beneficiaries described in s. 736.0103(19)(a) and at least a majority in interest of the beneficiaries described in s. 736.0103(19) (b), if the interests of the beneficiaries are reasonably ascertainable; otherwise, a majority in number of each such class. b. “Qualified investment instrument” means a mutual fund, common trust fund, or money market fund described in and governed by s. 736.0816(3). c. An irrevocable trust is created upon execution of the trust instrument. If a trust that was revocable when created thereafter becomes irrevocable, the irrevocable trust is created when the right of revocation terminates. (g) Nothing in this chapter is intended to create or imply a duty for the trustee to seek the application of this subsection to invest in investment instruments described in paragraph (a), and no inference of impropriety may be made as a result of a trustee electing not to invest trust assets in investment instruments described in paragraph (a). (h) This subsection is not the exclusive authority under this code for investing in investment instruments described in paragraph (a). A trustee who invests trust funds in investment instruments described in paragraph (a) is not required to comply with paragraph (b), paragraph (c), or paragraph (f) if the trustee is permitted to invest in such investment instruments pursuant to subsection (2).

(i) This subsection does not apply to a trust administered by a family trust company, licensed family trust company, or foreign licensed family trust company operating under chapter 662. (6) In voting shares of stock or in exercising powers of control over similar interests in other forms of enterprise, the trustee shall act in the best interests of the beneficiaries. If the trust is the sole owner of a corporation or other form of enterprise, the trustee shall elect or appoint directors or other managers who will manage the corporation or enterprise in the best interests of the beneficiaries. (7) This section does not preclude the following transactions, if fair to the beneficiaries: (a) An agreement between a trustee and a beneficiary relating to the appointment or compensation of the trustee; (b) A payment of reasonable compensation to the trustee; (c) A transaction between a trust and another trust, the decedent’s estate, or a guardian of the property of which the trustee is a fiduciary or in which a beneficiary has an interest; (d) A deposit of trust money in a regulated financial service institution operated by the trustee; or (e) An advance by the trustee of money for the protection of the trust. (8) This section does not preclude the employment of persons, including, but not limited to, attorneys, accountants, investment advisers, or agents, even if they are the trustee, an affiliate of the trustee, or otherwise associated with the trustee, to advise or assist the trustee in the exercise of any of the trustee’s powers and to pay reasonable compensation and costs incurred in connection with such employment from the assets of the trust; to act without independent investigation on their recommendations; and, instead of acting personally, to employ one or more agents to perform any act of administration, whether or not discretionary. (9) The court may appoint a special fiduciary to act with respect to any proposed transaction that might violate this section if entered into by the trustee.

(10) Unless otherwise provided in this subsection, payment of costs or attorney fees incurred in any proceeding may be made by a trustee from assets of the trust without the approval of any person and without court authorization, as provided in ss. 736.0816(20) and 736.1007(1). (a) As used in this subsection, the term “pleading” means a pleading as defined in Rule 1.100 of the Florida Rules of Civil Procedure. (b) If a trustee incurs attorney fees or costs in connection with a claim or defense of breach of trust which is made in a filed pleading, the trustee may pay such attorney fees or costs from trust assets without the approval of any person and without any court authorization. However, the trustee must serve a written notice of intent upon each qualified beneficiary of the trust whose share of the trust may be affected by the payment before such payment is made. The notice of intent does not need to be served upon a qualified beneficiary whose identity or location is unknown to, and not reasonably ascertainable by, the trustee. (c) The notice of intent must identify the judicial proceeding in which the claim or defense of breach of trust has been made in a filed pleading and must inform the person served of his or her right under paragraph (e) to apply to the court for an order prohibiting the trustee from using trust assets to pay attorney fees or costs as provided in paragraph (b) or compelling the return of such attorney fees and costs to the trust. The notice of intent must be served by any commercial delivery service or form of mail requiring a signed receipt; the manner provided in the Florida Rules of Civil Procedure for service of process; or, as to any party over whom the court has already acquired jurisdiction in that judicial proceeding, in the manner provided for service of pleadings and other documents by the Florida Rules of Civil Procedure. (d) If a trustee has used trust assets to pay attorney fees or costs described in paragraph (b) before service of a notice of intent, any qualified beneficiary who is not barred under s. 736.1008 and whose share of the trust may have been affected by such payment is entitled, upon the filing of a motion to compel the return of such payment to the trust, to an order compelling the return of such payment, with interest at the statutory rate. The court shall award attorney fees and costs incurred in connection with the motion to compel as provided in s. 736.1004.

(e) Upon the motion of any qualified beneficiary who is not barred under s. 736.1008 and whose share of the trust may be affected by the use of trust assets to pay attorney fees or costs as provided in paragraph (b), the court may prohibit the trustee from using trust assets to make such payment and, if such payment has been made from trust assets after service of a notice of intent, the court may enter an order compelling the return of the attorney fees and costs to the trust, with interest at the statutory rate. In connection with any hearing on a motion brought under this paragraph: 1. The court shall deny the motion unless it finds a reasonable basis to conclude that there has been a breach of trust. If the court finds there is a reasonable basis to conclude there has been a breach of trust, the court may still deny the motion if it finds good cause to do so. 2. The movant may show that such reasonable basis exists, and the trustee may rebut any such showing by presenting affidavits, answers to interrogatories, admissions, depositions, and any evidence otherwise admissible under the Florida Evidence Code. (f) If a trustee fails to comply with an order of the court prohibiting the use of trust assets to pay attorney fees or costs described in paragraph (b) or fails to comply with an order compelling that such payment be refunded to the trust, the court may impose such remedies or sanctions as the court deems appropriate, including, without limitation, striking the defenses or pleadings filed by the trustee. (g) Notwithstanding the entry of an order prohibiting the use of trust assets to pay attorney fees and costs as provided in paragraph (b), or compelling the return of such attorney fees or costs, if a claim or defense of breach of trust is withdrawn, dismissed, or judicially resolved in the trial court without a determination that the trustee has committed a breach of trust, the trustee is authorized to use trust assets to pay attorney fees and costs as provided in paragraph (b) and may do so without service of a notice of intent or order of the court. The attorney fees and costs may include fees and costs that were refunded to the trust pursuant to an order of the court. (h) This subsection does not limit proceedings under s. 736.0206 or remedies for breach of trust under s. 736.1001, or the right of any interested person to challenge or object to the payment of compensation or costs from the trust.

HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007; s. 3, ch. 2007-153, eff. July 1, 2007; s. 159, ch. 2008-4, eff. July 1, 2008; s. 2, ch. 2008-76, eff. July 1, 2008; s. 20, ch. 2009-115, eff. July 1, 2009; s. 18, ch. 2013-172, eff. Oct. 1, 2013; s. 38, ch. 2014-97, effective October 1, 2015; s. 5, ch. 2016-189, effective July 1, 2016; s. 41, ch. 2021-183, effective July 1, 2021; s. 18, ch. 2022-178, effective July 1, 2022.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.0803. » Fla. Stat. § 736.0803

§ 736.0803. Impartiality. If a trust has two or more beneficiaries, the trustee shall act impartially in administering the trust property, giving due regard to the beneficiaries’ respective interests. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.0804. » Fla. Stat. § 736.0804

§ 736.0804. Prudent administration. A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.0805. » Fla. Stat. § 736.0805

§ 736.0805. Expenses of administration. In administering a trust, the trustee shall only incur expenses that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.0806. » Fla. Stat. § 736.0806

§ 736.0806. Trustee’s skills. A trustee who has special skills or expertise, or is named trustee in reliance on the trustee’s representation that the trustee has special skills or expertise, shall use those special skills or expertise. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.0807. » Fla. Stat. § 736.0807

§ 736.0807. Delegation by trustee. (1) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances, including investment functions pursuant to s. 518.112. The trustee shall exercise reasonable care, skill, and caution in: (a) Selecting an agent. (b) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust. (c) Reviewing the agent’s actions periodically, in order to monitor the agent’s performance and compliance with the terms of the delegation. (2) In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation. (3) A trustee who complies with subsection (1) and, when investment functions are delegated, s. 518.112 is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007; s. 6, ch. 2009-117, eff. July 1, 2009; s. 13, ch. 2013-172, eff. Oct. 1, 2013.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.0808. » Fla. Stat. § 736.0808

§ 736.0808. Powers to direct. [Repealed] HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007; repealed by s. 8, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.0809. » Fla. Stat. § 736.0809

§ 736.0809. Control and protection of trust property. A trustee shall take reasonable steps to take control of and protect the trust property. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.0810. » Fla. Stat. § 736.0810

§ 736.0810. Recordkeeping and identification of trust property. (1) A trustee shall keep clear, distinct, and accurate records of the administration of the trust. (2) A trustee shall keep trust property separate from the trustee’s own property. (3) Except as otherwise provided in subsection (4), a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary. (4) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.08105. » Fla. Stat. § 736.08105

§ 736.08105. Duty to ascertain marketable title of trust real property. A trustee holding title to real property received from a settlor or estate shall not be required to obtain title insurance or proof of marketable title until a marketable title is required for a sale or conveyance of the real property. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.0811. » Fla. Stat. § 736.0811

§ 736.0811. Enforcement and defense of claims. A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.0812. » Fla. Stat. § 736.0812

§ 736.0812. Collecting trust property. A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee and, except as provided in s. 736.08125, to redress a breach of trust known to the trustee to have been committed by a former trustee. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.08125. » Fla. Stat. § 736.08125

§ 736.08125. Protection of successor trustees. (1) A successor trustee is not personally liable for actions taken by any prior trustee, nor does any successor trustee have a duty to institute any proceeding against any prior trustee, or file any claim against any prior trustee’s estate, for any of the prior trustee’s actions as trustee under any of the following circumstances: (a) As to a successor trustee who succeeds a trustee who was also the settlor of a trust that was revocable during the time that the settlor served as trustee; (b) As to any beneficiary who has waived any accounting required by s. 736.0813, but only as to the periods included in the waiver; (c) As to any beneficiary who has released the successor trustee from the duty to institute any proceeding or file any claim; (d) As to any person who is not an eligible beneficiary; or (e) As to any eligible beneficiary: 1. If a super majority of the eligible beneficiaries have released the successor trustee; 2. If the eligible beneficiary has not delivered a written request to the successor trustee to institute an action or file a claim against the prior trustee within 6 months after the date of the successor trustee’s acceptance of the trust, if the successor trustee has notified the eligible beneficiary in writing of acceptance by the successor trustee in accordance with s. 736.0813(1)(a) and that writing advises the beneficiary that, unless the beneficiary delivers the written request within 6 months after the date of acceptance, the right to proceed against the successor trustee will be barred pursuant to this section; or 3. For any action or claim that the eligible beneficiary is barred from bringing against the prior trustee. (2) For the purposes of this section, the term:

(a) “Eligible beneficiaries” means: 1. At the time the determination is made, if there are one or more beneficiaries as described in s. 736.0103(19)(c), the beneficiaries described in s. 736.0103(19)(a) and (c); or 2. If there is no beneficiary as described in s. 736.0103(19)(c), the beneficiaries described in s. 736.0103(19)(a) and (b). (b) “Super majority of eligible beneficiaries” means at least two-thirds in interest of the eligible beneficiaries if the interests of the eligible beneficiaries are reasonably ascertainable, otherwise, at least two-thirds in number of the eligible beneficiaries. (3) Nothing in this section affects any liability of the prior trustee or the right of the successor trustee or any beneficiary to pursue an action or claim against the prior trustee. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007; s. 19, ch. 2013-172, eff. Oct. 1, 2013; s. 42, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.0813. » Fla. Stat. § 736.0813

§ 736.0813. Duty to inform and account. The trustee shall keep the qualified beneficiaries of the trust reasonably informed of the trust and its administration. (1) The trustee’s duty to inform and account includes, but is not limited to, the following: (a) Within 60 days after acceptance of the trust, the trustee shall give notice to the qualified beneficiaries of the acceptance of the trust, the full name and address of the trustee, and that the fiduciary lawyer-client privilege in s. 90.5021 applies with respect to the trustee and any attorney employed by the trustee. (b) Within 60 days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, the trustee shall give notice to the qualified beneficiaries of the trust’s existence, the identity of the settlor or settlors, the right to request a copy of the trust instrument, the right to accountings under this section, and that the fiduciary lawyer-client privilege in s. 90.5021 applies with respect to the trustee and any attorney employed by the trustee. (c) Upon reasonable request, the trustee shall provide a qualified beneficiary with a complete copy of the trust instrument. (d) A trustee of an irrevocable trust shall provide a trust accounting, as set forth in s. 736.08135, from the date of the last accounting or, if none, from the date on which the trustee became accountable, to each qualified beneficiary at least annually and on termination of the trust or on change of the trustee. Notwithstanding s. 736.0105(2)(s) or the duties under this paragraph, if a family trust company, licensed family trust company, or foreign licensed family trust company, as defined in s. 662.111, is a trustee of an irrevocable trust, the terms of the trust may permit for accounting to the qualified beneficiaries only at the termination of the trust; upon the removal, resignation, or other event resulting in a trustee ceasing to serve as a trustee; or upon demand of a qualified beneficiary or the representative of a qualified beneficiary. This paragraph may not be construed to prohibit a trustee that is

a family trust company, licensed family trust company, or foreign licensed family trust company from voluntarily accounting to the qualified beneficiaries annually or at other times selected by such trustee. (e) Upon reasonable request, the trustee shall provide a qualified beneficiary with relevant information about the assets and liabilities of the trust and the particulars relating to administration. Paragraphs (a) and (b) do not apply to an irrevocable trust created before the effective date of this code, or to a revocable trust that becomes irrevocable before the effective date of this code. Paragraph (a) does not apply to a trustee who accepts a trusteeship before the effective date of this code. (2) A qualified beneficiary may waive the trustee’s duty to account under paragraph (1)(d). A qualified beneficiary may withdraw a waiver previously given. Waivers and withdrawals of prior waivers under this subsection must be in writing. Withdrawals of prior waivers are effective only with respect to accountings for future periods. (3) The representation provisions of part III apply with respect to all rights of a qualified beneficiary under this section. (4) As provided in s. 736.0603(1), the trustee’s duties under this section extend only to the settlor while a trust is revocable. (5) This section applies to trust accountings rendered for accounting periods beginning on or after July 1, 2007. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007; s. 15, ch. 2007-153, eff. July 1, 2007; s. 11, ch. 2011-183, eff. June 21, 2011; s. 14, ch. 2013-172, eff. Oct. 1, 2013; s. 8, ch. 2022-96, effective July 1, 2022. Editor’s notes. Section 14, ch. 2011-183 provides: “Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law and shall apply to all proceedings pending before such date and all cases commenced on or after the effective date.”

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.08135. » Fla. Stat. § 736.08135

§ 736.08135. Trust accountings. (1) A trust accounting must be a reasonably understandable report from the date of the last accounting or, if none, from the date on which the trustee became accountable, that adequately discloses the information required in subsection (2). (2)(a) The accounting must begin with a statement identifying the trust, the trustee furnishing the accounting, and the time period covered by the accounting. (b) The accounting must show all cash and property transactions and all significant transactions affecting administration during the accounting period, including compensation paid to the trustee and the trustee’s agents. Gains and losses realized during the accounting period and all receipts and disbursements must be shown. (c) To the extent feasible, the accounting must identify and value trust assets on hand at the close of the accounting period. For each asset or class of assets reasonably capable of valuation, the accounting shall contain two values, the asset acquisition value or carrying value and the estimated current value. The accounting must identify each known noncontingent liability with an estimated current amount of the liability if known. (d) To the extent feasible, the accounting must show significant transactions that do not affect the amount for which the trustee is accountable, including name changes in investment holdings, adjustments to carrying value, a change of custodial institutions, and stock splits. (e) The accounting must reflect the allocation of receipts, disbursements, accruals, or allowances between income and principal when the allocation affects the interest of any beneficiary of the trust. (f) The trustee shall include in the final accounting a plan of distribution for any undistributed assets shown on the final accounting. (3) Notwithstanding subsections (1) and (2), if a family trust company, licensed family trust company, or foreign licensed family trust company, as defined in s. 662.111, is a trustee of the trust, such trustee may elect, for

any accounting period, to provide the qualified beneficiaries with all of the following information: (a) A notice stating that the trustee has made an election to provide the information described in this subsection. (b) The information required by paragraph (2)(a) and, if applicable, the information required by paragraph (2)(f). (c) A financial statement for the trust which summarizes the information provided pursuant to paragraphs (2)(b)-(e). The financial statement must contain sufficient information to put the beneficiary on notice of the trust’s comprehensive assets and liabilities as well as of the transactions occurring during the accounting period. A financial statement that reports a summary of the comprehensive assets and liabilities at the beginning and end of the accounting period and the aggregate amounts of all cash and property transactions, gains, losses, receipts, expenses, disbursements, distributions, accruals, or allowances occurring within the accounting period for each category of assets and liabilities meets the requirements of this paragraph. For the purposes of this chapter, a financial statement that a trustee provides to a beneficiary of a trust under this subsection is deemed to be a trust accounting. Any trustee that makes the election provided in this subsection shall, upon request of any beneficiary made within the limitations period under s. 736.1008, make available the detailed information necessary for preparation of the financial statement to the beneficiary within 30 days after the date of such request, including providing copies of the requested information. A request by a beneficiary for the detailed information necessary for the preparation of the financial statement tolls the running of any applicable limitations period until the detailed information is made available to the beneficiary. (4) Subsections (1) and (2) govern the form and content of all trust accountings rendered for any accounting periods beginning on or after January 1, 2003, and all trust accountings rendered on or after July 1, 2018. The election provided in subsection (3) for trusts for which a family trust company, licensed family trust company, or foreign licensed family trust company, as defined in s. 662.111, is a trustee is available for any accounting periods beginning on or after July 1, 2022. This subsection does not affect the beginning period from which a trustee is required to

render a trust accounting. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007; s. 6, ch. 2018-35, effective July 1, 2018; s. 9, ch. 2022-96, effective July 1, 2022. Editor’s Notes S. 8 of ch. 2018-35 provides: “The changes to ss. 736.08135 and 736.1008, Florida Statutes, made by this act are intended to clarify existing law, are remedial in nature, and apply retroactively to all cases pending or commenced on or after July 1, 2018.”

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.0814. » Fla. Stat. § 736.0814

§ 736.0814. Discretionary powers; tax savings. (1) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as “absolute,” “sole,” or “uncontrolled,” the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries. A court shall not determine that a trustee abused its discretion merely because the court would have exercised the discretion in a different manner or would not have exercised the discretion. (2) Subject to subsection (3) and unless the terms of the trust expressly indicate that a rule in this subsection does not apply, a person who is a beneficiary and a trustee may not: (a) Make discretionary distributions of either principal or income to or for the benefit of that trustee, except to provide for that trustee’s health, education, maintenance, or support as described under ss. 2041 and 2514 of the Internal Revenue Code; (b) Make discretionary allocations of receipts or expenses as between principal and income, unless the trustee acts in a fiduciary capacity whereby the trustee has no power to enlarge or shift any beneficial interest except as an incidental consequence of the discharge of the trustee’s fiduciary duties; (c) Make discretionary distributions of either principal or income to satisfy any of the trustee’s legal support obligations; or (d) Exercise any other power, including, but not limited to, the right to remove or to replace any trustee, so as to cause the powers enumerated in paragraph (a), paragraph (b), or paragraph (c) to be exercised on behalf of, or for the benefit of, a beneficiary who is also a trustee. (3) Subsection (2) does not apply to: (a) A power held by the settlor of the trust; (b) A power held by the settlor’s spouse who is the trustee of a trust for which a marital deduction, as defined in s. 2056(a) or s. 2523(a) of the Internal Revenue Code of 1986, as amended, was previously allowed;

(c) Any trust during any period that the trust may be revoked or amended by its settlor; or (d) A trust if contributions to the trust qualify for the annual exclusion under s. 2503(c) of the Internal Revenue Code of 1986, as amended. (4) A power whose exercise is limited or prohibited by subsection (2) may be exercised by the remaining trustees whose exercise of the power is not so limited or prohibited. If there is no trustee qualified to exercise the power, on petition by any qualified beneficiary, the court may appoint an independent trustee with authority to exercise the power. (5) A person who has the right to remove or to replace a trustee does not possess nor may that person be deemed to possess, by virtue of having that right, the powers of the trustee that is subject to removal or to replacement. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007. Editor’s notes. Sections 2041, 2056(a), 2503(c), 2514, and 2523(a) of the Internal Revenue Code, referred to in this section, are codified as 26 U.S.C.S. §§ 2041, 2056(a), 2503(c), 2514, and 2523(a), respectively.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.08145. » Fla. Stat. § 736.08145

§ 736.08145. Grantor trust reimbursement. (1)(a) Except as otherwise provided under the terms of a trust, if all or any portion of the trust is treated as being owned by a person under s. 671 of the Internal Revenue Code or any similar federal, state, or other tax law, the trustee may, in the trustee’s sole discretion, reimburse the person being treated as the owner for any amount of the person’s personal federal, state, or other income tax liability which is attributable to the inclusion of the trust’s income, capital gains, deductions, or credits in the calculation of the person’s taxable income. In the trustee’s sole discretion, the trustee may pay such tax reimbursement amount, determined without regard to any other distribution or payment made from trust assets, to the person directly or to the appropriate taxing authority. (b) A life insurance policy held in the trust, the cash value of any such policy, or the proceeds of any loan secured by an interest in the policy may not be used for such reimbursement or such payment if the person is an insured. (2) This section applies to all trusts that are governed by the laws of this state or that have a principal place of administration within this state, whether created on, before, or after July 1, 2020, unless: (a) The trustee provides written notification that the trustee intends to irrevocably elect out of the application of this section, at least 60 days before the effective date of such election, to the person treated as the owner of all or a portion of the trust under s. 671 of the Internal Revenue Code or any similar federal, state, or other tax law and to all persons who have the ability to remove and replace the trustee. (b) Applying this section would prevent a contribution to the trust from qualifying for, or would reduce, a federal tax benefit, including a federal tax exclusion or deduction, which was originally claimed or could have been claimed for the contribution, including: 1. An exclusion under s. 2503(b) or s. 2503(c) of the Internal Revenue Code;

2. A marital deduction under s. 2056, s. 2056A, or s. 2523 of the Internal Revenue Code; 3. A charitable deduction under s. 170(a), s. 642(c), s. 2055(a), or s. 2522(a) of the Internal Revenue Code; or 4. Direct skip treatment under s. 2642(c) of the Internal Revenue Code. (3) A trustee may not exercise, or participate in the exercise of, the powers granted by this section with respect to any trust if any of the following applies: (a) The trustee is treated as the owner of all or part of such trust under s. 671 of the Internal Revenue Code or any similar federal, state, or other tax law. (b) The trustee is a beneficiary of such trust. (c) The trustee is a related or subordinate party, as defined in s. 672(c) of the Internal Revenue Code, with respect to a person treated as the owner of all or part of such trust under s. 671 of the Internal Revenue Code or any similar federal, state, or other tax law or with respect to a beneficiary of such trust. (4) If the terms of a trust require the trustee to act at the direction or with the consent of a trust advisor, a protector, or any other person, or that the decisions addressed in this section be made directly by a trust advisor, a protector, or any other person, the powers granted by this section to the trustee must instead or also be granted, as applicable under the terms of the trust, to the advisor, protector, or other person subject to the limitations set forth in subsection (3), which must be applied as if the advisor, protector, or other person were a trustee. (5) A person may not be considered a beneficiary of a trust solely by reason of the application of this section, including for purposes of determining the elective estate. History. S. 1, ch. 2020-70, effective July 1, 2020; s. 10, ch. 2022-96, effective July 1, 2022.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.08147. » Fla. Stat. § 736.08147

§ 736.08147. Duty to distribute trust income. If a will or trust instrument granting income to the settlor’s or testator’s spouse for life is silent as to the time of distribution of income and the frequency of distributions, the trustee shall distribute all net income, as defined in chapter 738, to the spouse no less frequently than annually. This provision shall apply to any trust established before, on, or after July 1, 2007, unless the trust instrument expressly directs or permits net income to be distributed less frequently than annually. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.0815. » Fla. Stat. § 736.0815

§ 736.0815. General powers of trustee. (1) A trustee, without authorization by the court, may, except as limited or restricted by this code, exercise: (a) Powers conferred by the terms of the trust. (b) Except as limited by the terms of the trust: 1. All powers over the trust property that an unmarried competent owner has over individually owned property. 2. Any other powers appropriate to achieve the proper investment, management, and distribution of the trust property. 3. Any other powers conferred by this code. (2) The exercise of a power is subject to the fiduciary duties prescribed by this code. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.0816. » Fla. Stat. § 736.0816

§ 736.0816. Specific powers of trustee. Except as limited or restricted by this code, a trustee may: (1) Collect trust property and accept or reject additions to the trust property from a settlor, including an asset in which the trustee is personally interested, and hold property in the name of a nominee or in other form without disclosure of the trust so that title to the property may pass by delivery but the trustee is liable for any act of the nominee in connection with the property so held. (2) Acquire or sell property, for cash or on credit, at public or private sale. (3) Acquire an undivided interest in a trust asset, including, but not limited to, a money market mutual fund, mutual fund, or common trust fund, in which asset the trustee holds an undivided interest in any trust capacity, including any money market or other mutual fund from which the trustee or any affiliate or associate of the trustee is entitled to receive reasonable compensation for providing necessary services as an investment adviser, portfolio manager, or servicing agent. A trustee or affiliate or associate of the trustee may receive compensation for such services in addition to fees received for administering the trust provided such compensation is fully disclosed in writing to all qualified beneficiaries. As used in this subsection, the term “mutual fund” includes an open-end or closed-end management investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended. (4) Exchange, partition, or otherwise change the character of trust property. (5) Deposit trust money in an account in a regulated financial service institution. (6) Borrow money, with or without security, and mortgage or pledge trust property for a period within or extending beyond the duration of the trust and advance money for the protection of the trust.

(7) With respect to an interest in a proprietorship, partnership, limited liability company, business trust, corporation, or other form of business or enterprise, continue the business or other enterprise and take any action that may be taken by shareholders, members, or property owners, including, but not limited to, merging, dissolving, or otherwise changing the form of business organization or contributing additional capital. (8) With respect to stocks or other securities, exercise the rights of an absolute owner, including, but not limited to, the right to: (a) Vote, or give proxies to vote, with or without power of substitution, or enter into or continue a voting trust agreement. (b) Hold a security in the name of a nominee or in other form without disclosure of the trust so that title may pass by delivery. (c) Pay calls, assessments, and other sums chargeable or accruing against the securities, and sell or exercise stock subscription or conversion rights. (d) Deposit the securities with a depositary or other regulated financial service institution. (9) With respect to an interest in real property, construct, or make ordinary or extraordinary repairs to, alterations to, or improvements in, buildings or other structures, demolish improvements, raze existing or erect new party walls or buildings, subdivide or develop land, dedicate land to public use or grant public or private easements, and make or vacate plats and adjust boundaries. (10) Enter into a lease for any purpose as lessor or lessee, including a lease or other arrangement for exploration and removal of natural resources, with or without the option to purchase or renew, for a period within or extending beyond the duration of the trust. (11) Grant an option involving a sale, lease, or other disposition of trust property or acquire an option for the acquisition of property, including an option exercisable beyond the duration of the trust, and exercise an option so acquired. (12) Insure the property of the trust against damage or loss and insure the trustee, trustee’s agents, and beneficiaries against liability arising from the administration of the trust.

(13) Abandon or decline to administer property of no value or of insufficient value to justify the collection or continued administration of such property. (14) Pay or contest any claim, settle a claim by or against the trust, and release, in whole or in part, a claim belonging to the trust. (15) Pay taxes, assessments, compensation of the trustee and of employees and agents of the trust, and other expenses incurred in the administration of the trust. (16) Allocate items of income or expense to trust income or principal, as provided by law. (17) Exercise elections with respect to federal, state, and local taxes. (18) Select a mode of payment under any employee benefit or retirement plan, annuity, or life insurance payable to the trustee, exercise rights under such plan, annuity, or insurance, including exercise of the right to indemnification for expenses and against liabilities, and take appropriate action to collect the proceeds. (19) Make loans out of trust property, including, but not limited to, loans to a beneficiary on terms and conditions that are fair and reasonable under the circumstances, and the trustee has a lien on future distributions for repayment of those loans. (20) Employ persons, including, but not limited to, attorneys, accountants, investment advisers, or agents, even if they are the trustee, an affiliate of the trustee, or otherwise associated with the trustee, to advise or assist the trustee in the exercise of any of the trustee’s powers and pay reasonable compensation and costs incurred in connection with such employment from the assets of the trust, subject to s. 736.0802(10) with respect to attorney fees and costs, and act without independent investigation on the recommendations of such persons. (21) Pay an amount distributable to a beneficiary who is under a legal disability or who the trustee reasonably believes is incapacitated, by paying the amount directly to the beneficiary or applying the amount for the beneficiary’s benefit, or by: (a) Paying the amount to the beneficiary’s guardian of the property or, if

the beneficiary does not have a guardian of the property, the beneficiary’s guardian of the person; (b) Paying the amount to the beneficiary’s custodian under a Uniform Transfers to Minors Act or custodial trustee under a Uniform Custodial Trust Act, and, for that purpose, creating a custodianship or custodial trust; (c) Paying the amount to an adult relative or other person having legal or physical care or custody of the beneficiary, to be expended on the beneficiary’s behalf, if the trustee does not know of a guardian of the property, guardian of the person, custodian, or custodial trustee; or (d) Managing the amount as a separate fund on the beneficiary’s behalf, subject to the beneficiary’s continuing right to withdraw the distribution. (22) On distribution of trust property or the division or termination of a trust, make distributions in divided or undivided interests, allocate particular assets in proportionate or disproportionate shares, value the trust property for those purposes, and adjust for resulting differences in valuation. (23) Prosecute or defend, including appeals, an action, claim, or judicial proceeding in any jurisdiction to protect trust property or the trustee in the performance of the trustee’s duties. (24) Sign and deliver contracts and other instruments that are useful to achieve or facilitate the exercise of the trustee’s powers. (25) On termination of the trust, exercise the powers appropriate to wind up the administration of the trust and distribute the trust property to the persons entitled to the property, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007; s. 4, ch. 2007-153, eff. July 1, 2007; s. 6, ch. 2016-189, effective July 1, 2016.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.08163. » Fla. Stat. § 736.08163

§ 736.08163. Powers of trustees relating to environmental or human health laws or to trust property contaminated with hazardous or toxic substances; liability. (1) From the creation of a trust until final distribution of the assets from the trust, the trustee has, without court authorization, the powers specified in subsection (2). (2) Unless otherwise provided in the trust instrument, a trustee has the power, acting reasonably, to: (a) Inspect or investigate, or cause to be inspected or investigated, property held by the trustee, including interests in sole proprietorships, partnerships, or corporations and any assets owned by any such business entity for the purpose of determining compliance with an environmental law affecting that property or to respond to an actual or threatened violation of an environmental law affecting that property; (b) Take, on behalf of the trust, any action necessary to prevent, abate, or otherwise remedy an actual or potential violation of an environmental law affecting property held by the trustee, before or after initiation of an enforcement action by a governmental body; (c) Refuse to accept property in trust if the trustee determines that any property to be donated or conveyed to the trustee is contaminated with a hazardous substance or is being used or has been used for an activity directly or indirectly involving a hazardous substance, which circumstance could result in liability to the trust or trustee or otherwise impair the value of the assets to be held; (d) Settle or compromise at any time any claim against the trust or trustee that may be asserted by a governmental body or private party that involves the alleged violation of an environmental law affecting property of any trust over which the trustee has responsibility; (e) Disclaim any power granted by any document, law, or rule of law that, in the sole judgment of the trustee, may cause the trustee to incur personal liability, or the trust to incur liability, under any environmental law;

(f) Decline to serve as a trustee, or having undertaken to serve as a trustee, resign at any time, if the trustee believes there is or may be a conflict of interest in its fiduciary capacity and in its individual capacity because of potential claims or liabilities that may be asserted against the trustee on behalf of the trust by reason of the type or condition of the assets held; or (g) Charge against the income and principal of the trust the cost of any inspection, investigation, review, abatement, response, cleanup, or remedial action that this section authorizes the trustee to take and, if the trust terminates or closes or the trust property is transferred to another trustee, hold assets sufficient to cover the cost of cleaning up any known environmental problem. (3) A trustee is not personally liable to any beneficiary or any other person for a decrease in value of assets in a trust by reason of the trustee’s compliance or efforts to comply with an environmental law, specifically including any reporting requirement under that law. (4) A trustee that acquires ownership or control of a vessel or other property, without having owned, operated, or materially participated in the management of that vessel or property before assuming ownership or control as trustee, is not considered an owner or operator for purposes of liability under chapter 376, chapter 403, or any other environmental law. A trustee that willfully, knowingly, or recklessly causes or exacerbates a release or threatened release of a hazardous substance is personally liable for the cost of the response, to the extent that the release or threatened release is attributable to the trustee’s activities. This subsection does not preclude the filing of claims against the assets that constitute the trust held by the trustee or the filing of actions against the trustee in its representative capacity and in any such action, an award or judgment against the trustee must be satisfied only from the assets of the trust. (5) The acceptance by the trustee of the property or a failure by the trustee to inspect or investigate the property does not create any inference as to whether there is liability under an environmental law with respect to that property. (6) For the purposes of this section, the term “hazardous substance” means a substance defined as hazardous or toxic, or any contaminant, pollutant, or constituent thereof, or otherwise regulated, by an

environmental law. (7) This section does not apply to any trust created under a document executed before July 1, 1995, unless the trust is amendable and the settlor amends the trust at any time to incorporate the provisions of this section. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.08165. » Fla. Stat. § 736.08165

§ 736.08165. Administration pending outcome of contest or other proceeding. (1) Pending the outcome of a proceeding filed to determine the validity of all or part of a trust or the beneficiaries of all or part of a trust, the trustee shall proceed with the administration of the trust as if no proceeding had been commenced, except no action may be taken and no distribution may be made to a beneficiary in contravention of the rights of those persons who may be affected by the outcome of the proceeding. (2) Upon motion of a party and after notice to interested persons, a court, on good cause shown, may make an exception to the prohibition under subsection (1) and authorize the trustee to act or to distribute trust assets to a beneficiary subject to any conditions the court, in the court’s discretion, may impose, including the posting of bond by the beneficiary. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. VIII. », « § 736.0817. • Fla. Stat. § 736.0817

§ 736.0817. Distribution on termination. Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to the property, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes. The provisions of this section are in addition to and are not in derogation of the rights of a trustee under the common law with respect to final distribution of a trust. HISTORY: S. 8, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. IX. » Fla. Stat. Title XLII, Ch. 736, Pt. IX

PART IX. TRUST INVESTMENTS. « Title XLII. », « Ch. 736. », « Pt. IX. », • § 736.0901. » Fla. Stat. § 736.0901

§ 736.0901. Applicability of chapter 518. A trustee shall invest trust property in accordance with chapter 518. HISTORY: S. 9, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. IX. », « § 736.0902. • Fla. Stat. § 736.0902

§ 736.0902. Nonapplication of prudent investor rule. (1) Notwithstanding the provisions of s. 518.11 or s. 736.0804, with respect to any contract for life insurance acquired or retained on the life of a qualified person, a trustee has no duty to: (a) Determine whether the contract of life insurance is or was procured or effected in compliance with s. 627.404; (b) Determine whether any contract of life insurance is, or remains, a proper investment; (c) Investigate the financial strength of the life insurance company; (d) Determine whether to exercise any policy option available under the contract for life insurance; (e) Diversify any such contract for life insurance or the assets of the trust with respect to the contract for life insurance; or (f) Inquire about or investigate the health or financial condition of any insureds. (2) For purposes of this section, a “qualified person” is a person who is insured or a proposed insured, or the spouse of that person, who has provided the trustee with the funds used to acquire or pay premiums with respect to a policy of insurance on the life of that person or the spouse of that person, or on the lives of that person and the spouse of that person. (3) The trustee is not liable to the beneficiaries of the trust or any other person for any loss sustained with respect to a contract for life insurance to which this section applies. (4) Unless otherwise provided in the trust instrument, paragraph (1)(a) applies to any contract for life insurance on the life of a qualified person. (5) Unless otherwise provided in the trust instrument, paragraphs (1)(b)(f) apply if: (a) The trust instrument, by reference to this section, makes this section applicable to contracts for life insurance held by the trust; or

(b) The trustee gives notice that this section applies to a contract for life insurance held by the trust. 1. The notice of the application of this section shall be given to the qualified beneficiaries and shall contain a copy or restatement of this section. 2. Notice given pursuant to any of the provisions of part III of this chapter to a person who represents the interests of any of the persons set forth in subparagraph 1. shall be treated as notice to the person so represented. 3. Notice shall be given in the manner provided in s. 736.0109. 4. If any person notified pursuant to this paragraph delivers a written objection to the application of this section to the trustee within 30 days after the date on which the objector received such notice, paragraphs (1)(b)-(f) shall not apply until the objection is withdrawn. 5. There shall exist a rebuttable presumption that any notice sent by United States mail is received 3 days after depositing the notice in the United States mail system with proper postage prepaid. (6) This section does not apply to any contract for life insurance purchased from any affiliate of the trustee, or with respect to which the trustee or any affiliate of the trustee receives any commission unless the duties have been delegated to another person in accordance with s. 518.112. For purposes of this subsection, an “affiliate” is any person who controls, is controlled by, or is under common control with the trustee. (7) Paragraph (1)(a) does not apply if the trustee applied for or accepted ownership of a contract of life insurance and the trustee had knowledge that: (a) The benefits were not payable to a person specified in s. 627.404 when the contract of life insurance was issued; or (b) The contract of life insurance is or was purchased with resources or guarantees directly or indirectly provided by a person who, at the time of the inception of such contract, did not have an insurable interest in the insured as defined by s. 627.404, and, at the time of the inception of such contract, there is a verbal or written arrangement, agreement, or plan with a third party to transfer ownership of the policy or policy benefits in a manner that would be in violation of state law.

(8) A trustee who performs fiduciary or advisory services related to a policy of life insurance to which subsection (1) applies shall not be compensated for performing the applicable service to which subsection (1) applies. HISTORY: S. 1, ch. 2010-172, eff. July 1, 2010.

« Title XLII. », « Ch. 736. », « Pt. X. » Fla. Stat. Title XLII, Ch. 736, Pt. X

PART X. LIABILITY OF TRUSTEE AND RIGHTS OF PERSONS DEALING WITH TRUSTEE. « Title XLII. », « Ch. 736. », « Pt. X. », • § 736.1001. » Fla. Stat. § 736.1001

§ 736.1001. Remedies for breach of trust. (1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. (2) To remedy a breach of trust that has occurred or may occur, the court may: (a) Compel the trustee to perform the trustee’s duties; (b) Enjoin the trustee from committing a breach of trust; (c) Compel the trustee to redress a breach of trust by paying money or restoring property or by other means; (d) Order a trustee to account; (e) Appoint a special fiduciary to take possession of the trust property and administer the trust; (f) Suspend the trustee; (g) Remove the trustee as provided in s. 736.0706; (h) Reduce or deny compensation to the trustee; (i) Subject to s. 736.1016, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or (j) Order any other appropriate relief. (3) As an illustration of the remedies available to the court and without limiting the court’s discretion as provided in subsection (2), if a breach of trust results in the favoring of any beneficiary to the detriment of any other beneficiary or consists of an abuse of the trustee’s discretion:

(a) To the extent the breach of trust has resulted in no distribution to a beneficiary or a distribution that is too small, the court may require the trustee to pay from the trust to the beneficiary an amount the court determines will restore the beneficiary, in whole or in part, to his or her appropriate position. (b) To the extent the breach of trust has resulted in a distribution to a beneficiary that is too large, the court may restore the beneficiaries, the trust, or both, in whole or in part, to their appropriate positions by requiring the trustee to withhold an amount from one or more future distributions to the beneficiary who received the distribution that was too large or by requiring that beneficiary to return some or all of the distribution to the trust. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007; s. 147, ch. 2007-5, eff. July 1, 2007; s. 19, ch. 2007-153, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1002. » Fla. Stat. § 736.1002

§ 736.1002. Damages for breach of trust. (1) A trustee who commits a breach of trust is liable for the greater of: (a) The amount required to restore the value of the trust property and trust distributions to what they would have been if the breach had not occurred, including lost income, capital gain, or appreciation that would have resulted from proper administration; or (b) The profit the trustee made by reason of the breach. (2) Except as otherwise provided in this subsection, if more than one person, including a trustee or trustees, is liable to the beneficiaries for a breach of trust, each liable person is entitled to pro rata contribution from the other person or persons. A person is not entitled to contribution if the person committed the breach of trust in bad faith. A person who received a benefit from the breach of trust is not entitled to contribution from another person to the extent of the benefit received. (3) In determining the pro rata shares of liable persons in the entire liability for a breach of trust: (a) Their relative degrees of fault shall be the basis for allocation of liability. (b) If equity requires, the collective liability of some as a group shall constitute a single share. (c) Principles of equity applicable to contribution generally shall apply. (4) The right of contribution shall be enforced as follows: (a) Contribution may be enforced by separate action, whether or not judgment has been entered in an action against two or more liable persons for the same breach of trust. (b) When a judgment has been entered in an action against two or more liable persons for the same breach of trust, contribution may be enforced in that action by judgment in favor of one judgment defendant against any other judgment defendants by motion upon notice to all parties to the action.

(c) If there is a judgment for breach of trust against the liable person seeking contribution, any separate action by that person to enforce contribution must be commenced within 1 year after the judgment has become final by lapse of time for appeal or after appellate review. (d) If there is no judgment for the breach of trust against the liable person seeking contribution, the person’s right of contribution is barred unless the person has: 1. Discharged by payment the common liability within the period of the statute of limitations applicable to the beneficiary’s right of action against the liable person and the person has commenced an action for contribution within 1 year after payment, or 2. Agreed, while action is pending against the liable person, to discharge the common liability and has within 1 year after the agreement paid the liability and commenced the person’s action for contribution. (5) The beneficiary’s recovery of a judgment for breach of trust against one liable person does not of itself discharge other liable persons from liability for the breach of trust unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution. (6) The judgment of the court in determining the liability of several defendants to the beneficiary for breach of trust is binding upon such defendants in determining the right of such defendants to contribution. (7) Subsection (2) applies to all causes of action for breach of trust pending on July 1, 2007, under which causes of action the right of contribution among persons jointly and severally liable is involved and to all causes of action filed after July 1, 2007. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1003. » Fla. Stat. § 736.1003

§ 736.1003. Damages in absence of breach. Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1004. » Fla. Stat. § 736.1004

§ 736.1004. Attorney’s fees and costs. (1)(a) In all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee’s powers; and (b) In proceedings arising under ss. 736.0410-736.0417, the court shall award taxable costs as in chancery actions, including attorney fees and guardian ad litem fees. (2) When awarding taxable costs under this section, including attorney fees and guardian ad litem fees, the court, in its discretion, may direct payment from a party’s interest, if any, in the trust or enter a judgment that may be satisfied from other property of the party, or both. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1005. » Fla. Stat. § 736.1005

§ 736.1005. Attorney fees for services to the trust. (1) Any attorney who has rendered services to a trust may be awarded reasonable compensation from the trust. The attorney may apply to the court for an order awarding attorney fees and, after notice and service on the trustee and all beneficiaries entitled to an accounting under s. 736.0813, the court shall enter an order on the fee application. (2) If attorney fees are to be paid from the trust under subsection (1), s. 736.1007(5)(a), or s. 733.106(4)(a), the court, in its discretion, may direct from what part of the trust the fees shall be paid. (a) All or any part of the attorney fees to be paid from the trust may be assessed against one or more persons’ part of the trust in such proportions as the court finds to be just and proper. (b) In the exercise of its discretion, the court may consider the following factors: 1. The relative impact of an assessment on the estimated value of each person’s part of the trust. 2. The amount of attorney fees to be assessed against a person’s part of the trust. 3. The extent to which a person whose part of the trust is to be assessed, individually or through counsel, actively participated in the proceeding. 4. The potential benefit or detriment to a person’s part of the trust expected from the outcome of the proceeding. 5. The relative strength or weakness of the merits of the claims, defenses, or objections, if any, asserted by a person whose part of the trust is to be assessed. 6. Whether a person whose part of the trust is to be assessed was a prevailing party with respect to one or more claims, defenses, or objections. 7. Whether a person whose part of the trust is to be assessed unjustly caused an increase in the amount of attorney fees incurred by the trustee or

another person in connection with the proceeding. 8. Any other relevant fact, circumstance, or equity. (c) The court may assess a person’s part of the trust without finding that the person engaged in bad faith, wrongdoing, or frivolousness. (3) Except when a trustee’s interest may be adverse in a particular matter, the attorney shall give reasonable notice in writing to the trustee of the attorney’s retention by an interested person and the attorney’s entitlement to fees pursuant to this section. A court may reduce any fee award for services rendered by the attorney prior to the date of actual notice to the trustee, if the actual notice date is later than a date of reasonable notice. In exercising this discretion, the court may exclude compensation for services rendered after the reasonable notice date but before the date of actual notice. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007; s. 7, ch. 2015-27, effective July 1, 2015. Editor’s notes. Section 11, ch. 2015-27, provides: “The amendments made by this act to ss. 733.106, 736.1005, and 736.1006, Florida Statutes, apply to proceedings commenced on or after July 1, 2015. The law in effect before July 1, 2015, applies to proceedings commenced before that date.”

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1006. » Fla. Stat. § 736.1006

§ 736.1006. Costs in trust proceedings. (1) In all trust proceedings, costs may be awarded as in chancery actions. (2) If costs are to be paid from the trust under subsection (1) or s. 733.106(4)(a), the court, in its discretion, may direct from what part of the trust the costs shall be paid. All or any part of the costs to be paid from the trust may be assessed against one or more persons’ part of the trust in such proportions as the court finds to be just and proper. In the exercise of its discretion, the court may consider the factors set forth in s. 736.1005(2). HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007; s. 8, ch. 2015-27, effective July 1, 2015. Editor’s notes. Section 11, ch. 2015-27, provides: “The amendments made by this act to ss. 733.106, 736.1005, and 736.1006, Florida Statutes, apply to proceedings commenced on or after July 1, 2015. The law in effect before July 1, 2015, applies to proceedings commenced before that date.”

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1007. » Fla. Stat. § 736.1007

§ 736.1007. Trustee’s attorney fees. (1)(a) Except as provided in paragraph (d), if the trustee of a revocable trust retains an attorney to render legal services in connection with the initial administration of the trust, the attorney is entitled to reasonable compensation for those legal services, payable from the assets of the trust, subject to s. 736.0802(10), without court order. The trustee and the attorney may agree to compensation that is determined in a manner or amount other than the manner or amount provided in this section. The agreement is not binding on a person who bears the impact of the compensation unless that person is a party to or otherwise consents to be bound by the agreement. The agreement may provide that the trustee is not individually liable for the attorney fees and costs. (b) An attorney representing a trustee in the initial administration of the trust who intends to charge a fee based upon the schedule set forth in subsection (2) shall make the following disclosures in writing to the trustee: 1. There is not a mandatory statutory attorney fee for trust administration. 2. The attorney fee is not required to be based on the size of the trust, and the presumed reasonable fee provided in subsection (2) may not be appropriate in all trust administrations. 3. The fee is subject to negotiation between the trustee and the attorney. 4. The selection of the attorney is made at the discretion of the trustee, who is not required to select the attorney who prepared the trust. 5. The trustee shall be entitled to a summary of ordinary and extraordinary services rendered for the fees agreed upon at the conclusion of the representation. The summary shall be provided by counsel and shall consist of the total hours devoted to the representation or a detailed summary of the services performed during the representation. (c) The attorney shall obtain the trustee’s timely signature acknowledging the disclosures. (d) If the attorney does not make the disclosures required by this section,

the attorney may not be paid for legal services without prior court approval of the fees or the written consent of the trustee and all qualified beneficiaries. (2) Unless otherwise agreed and subject to subsection (1), compensation based on the value of the trust assets immediately following the settlor’s death and the income earned by the trust during initial administration at the rate of 75 percent of the schedule provided in s. 733.6171(3)(a)-(h) is presumed to be reasonable total compensation for ordinary services of all attorneys employed generally to advise a trustee concerning the trustee’s duties in the initial trust administration. (3) Subject to subsection (1), an attorney who is retained to render only limited and specifically defined legal services shall be compensated as provided in the retaining agreement. If the amount or method of determining compensation is not provided in the agreement, the attorney is entitled to a reasonable fee, taking into account the factors set forth in subsection (6). (4) Ordinary services of the attorney in an initial trust administration include legal advice and representation concerning the trustee’s duties relating to: (a) Review of the trust instrument and each amendment for legal sufficiency and interpretation. (b) Implementation of substitution of the successor trustee. (c) Persons who must or should be served with required notices and the method and timing of such service. (d) The obligation of a successor to require a former trustee to provide an accounting. (e) The trustee’s duty to protect, insure, and manage trust assets and the trustee’s liability relating to these duties. (f) The trustee’s duty regarding investments imposed by the prudent investor rule. (g) The trustee’s obligation to inform and account to beneficiaries and the method of satisfaction of such obligations, the liability of the trust and trustee to the settlor’s creditors, and the advisability or necessity for probate proceedings to bar creditors.

(h) Contributions due to the personal representative of the settlor’s estate for payment of expenses of administration and obligations of the settlor’s estate. (i) Identifying tax returns required to be filed by the trustee, the trustee’s liability for payment of taxes, and the due date of returns. (j) Filing a nontaxable affidavit, if not filed by a personal representative. (k) Order of payment of expenses of administration of the trust and order and priority of abatement of trust distributions. (l) Distribution of income or principal to beneficiaries or funding of further trusts provided in the governing instrument. (m) Preparation of any legal documents required to effect distribution. (n) Fiduciary duties, avoidance of self-dealing, conflicts of interest, duty of impartiality, and obligations to beneficiaries. (o) If there is a conflict of interest between a trustee who is a beneficiary and other beneficiaries of the trust, advice to the trustee on limitations of certain authority of the trustee regarding discretionary distributions or exercise of certain powers and alternatives for appointment of an independent trustee and appropriate procedures. (p) Procedures for the trustee’s discharge from liability for administration of the trust on termination or resignation. (5) Subject to subsection (1), in addition to the attorney fees for ordinary services, the attorney for the trustee shall be allowed further reasonable compensation for any extraordinary service. What constitutes an extraordinary service may vary depending on many factors, including the size and complexity of the trust. Extraordinary services may include, but are not limited to: (a) Involvement in a trust contest, trust construction, a proceeding for determination of beneficiaries, a contested claim, elective share proceedings, apportionment of estate taxes, or other adversary proceedings or litigation by or against the trust. (b) Representation of the trustee in an audit or any proceeding for adjustment, determination, or collection of any taxes.

(c) Tax advice on postmortem tax planning, including, but not limited to, disclaimer, renunciation of fiduciary commission, alternate valuation date, allocation of administrative expenses between tax returns, the QTIP or reverse QTIP election, allocation of GST exemption, qualification for Internal Revenue Code ss. 303 and 6166 privileges, deduction of last illness expenses, distribution planning, asset basis considerations, throwback rules, handling income or deductions in respect of a decedent, valuation discounts, special use and other valuation, handling employee benefit or retirement proceeds, prompt assessment request, or request for release from personal liability for payment of tax. (d) Review of an estate tax return and preparation or review of other tax returns required to be filed by the trustee. (e) Preparation of decedent’s federal estate tax return. If this return is prepared by the attorney, a fee of one-half of 1 percent up to a value of $10 million and one-fourth of 1 percent on the value in excess of $10 million, of the gross estate as finally determined for federal estate tax purposes, is presumed to be reasonable compensation for the attorney for this service. These fees shall include services for routine audit of the return, not beyond the examining agent level, if required. (f) Purchase, sale, lease, or encumbrance of real property by the trustee or involvement in zoning, land use, environmental, or other similar matters. (g) Legal advice regarding carrying on of decedent’s business or conducting other commercial activity by the trustee. (h) Legal advice regarding claims for damage to the environment or related procedures. (i) Legal advice regarding homestead status of trust real property or proceedings involving the status. (j) Involvement in fiduciary, employee, or attorney compensation disputes. (k) Considerations of special valuation of trust assets, including discounts for blockage, minority interests, lack of marketability, and environmental liability. (6) Upon petition of any interested person in a proceeding to review the compensation paid or to be paid to the attorney for the trustee, the court

may increase or decrease the compensation for ordinary services of the attorney for the trustee or award compensation for extraordinary services if the facts and circumstances of the particular administration warrant. In determining reasonable compensation, the court shall consider all of the following factors giving such weight to each as the court may determine to be appropriate: (a) The promptness, efficiency, and skill with which the initial administration was handled by the attorney. (b) The responsibilities assumed by, and potential liabilities of, the attorney. (c) The nature and value of the assets that are affected by the decedent’s death. (d) The benefits or detriments resulting to the trust or the trust’s beneficiaries from the attorney’s services. (e) The complexity or simplicity of the administration and the novelty of issues presented. (f) The attorney’s participation in tax planning for the estate, the trust, and the trust’s beneficiaries and tax return preparation or review and approval. (g) The nature of the trust assets, the expenses of administration, and the claims payable by the trust and the compensation paid to other professionals and fiduciaries. (h) Any delay in payment of the compensation after the services were furnished. (i) Any agreement relating to the attorney’s compensation and whether written disclosures were made to the trustee in a timely manner under the circumstances pursuant to paragraph (1)(b). (j) Any other relevant factors. (7) If a separate written agreement regarding compensation exists between the attorney and the settlor, the attorney shall furnish a copy to the trustee prior to commencement of employment and, if employed, shall promptly file and serve a copy on all interested persons. A separate agreement or a provision in the trust suggesting or directing the trustee to

retain a specific attorney does not obligate the trustee to employ the attorney or obligate the attorney to accept the representation but, if the attorney who is a party to the agreement or who drafted the trust is employed, the compensation paid shall not exceed the compensation provided in the agreement. (8) As used in this section, the term “initial trust administration” means administration of a revocable trust during the period that begins with the death of the settlor and ends on the final distribution of trust assets outright or to continuing trusts created under the trust agreement but, if an estate tax return is required, not until after issuance of an estate tax closing letter or other evidence of termination of the estate tax proceeding. This initial period is not intended to include continued regular administration of the trust. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007; s. 7, ch. 2010-122, eff. July 1, 2010; s. 7, ch. 2016-189, effective July 1, 2016; s. 2, ch. 2021-145, effective October 1, 2021. Editor’s notes. Sections 303 and 6166 of the Internal Revenue Code, referred to in this section, are codified as 26 U.S.C.S. §§ 303 and 6166, respectively.

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1008. » Fla. Stat. § 736.1008

§ 736.1008. Limitations on proceedings against trustees. (1) Except as provided in subsection (2), all claims by a beneficiary against a trustee for breach of trust are barred as provided in chapter 95 as to: (a) All matters adequately disclosed in a trust disclosure document issued by the trustee or a trust director, with the limitations period beginning on the date of receipt of adequate disclosure. (b) All matters not adequately disclosed in a trust disclosure document if the trustee has issued a final trust accounting and has given written notice to the beneficiary of the availability of the trust records for examination and that any claims with respect to matters not adequately disclosed may be barred unless an action is commenced within the applicable limitations period provided in chapter 95. The limitations period begins on the date of receipt of the final trust accounting and notice. (2) Unless sooner barred by adjudication, consent, or limitations, a beneficiary is barred from bringing an action against a trustee for breach of trust with respect to a matter that was adequately disclosed in a trust disclosure document unless a proceeding to assert the claim is commenced within 6 months after receipt from the trustee or a trust director of the trust disclosure document or a limitation notice that applies to that disclosure document, whichever is received later. (3) When a trustee has not issued a final trust accounting or has not given written notice to the beneficiary of the availability of the trust records for examination and that claims with respect to matters not adequately disclosed may be barred, a claim against the trustee for breach of trust based on a matter not adequately disclosed in a trust disclosure document is barred as provided in chapter 95 and accrues when the beneficiary has actual knowledge of: (a) The facts upon which the claim is based, if such actual knowledge is established by clear and convincing evidence; or (b) The trustee’s repudiation of the trust or adverse possession of trust

assets. Paragraph (a) applies to claims based upon acts or omissions occurring on or after July 1, 2008. A beneficiary’s actual knowledge that he or she has not received a trust accounting does not cause a claim to accrue against the trustee for breach of trust based upon the failure to provide a trust accounting required by s. 736.0813 or former s. 737.303 and does not commence the running of any period of limitations or laches for such a claim, and paragraph (a) and chapter 95 do not bar any such claim. (4) As used in this section, the term: (a) “Limitation notice” means a written statement of the trustee or a trust director that an action by a beneficiary for breach of trust based on any matter adequately disclosed in a trust disclosure document may be barred unless the action is commenced within 6 months after receipt of the trust disclosure document or receipt of a limitation notice that applies to that trust disclosure document, whichever is later. A limitation notice may but is not required to be in the following form: “An action for breach of trust based on matters disclosed in a trust accounting or other written report of the trustee or a trust director may be subject to a 6-month statute of limitations from the receipt of the trust accounting or other written report. If you have questions, please consult your attorney.” (b) “Trust accounting” means an accounting that adequately discloses the information required by and that substantially complies with the standards set forth in s. 736.08135. (c) “Trust disclosure document” means a trust accounting or any other written report of the trustee or a trust director. A trust disclosure document adequately discloses a matter if the document provides sufficient information so that a beneficiary knows of a claim or reasonably should have inquired into the existence of a claim with respect to that matter. (5) For purposes of this section, a limitation notice applies to a trust disclosure document when the limitation notice is: (a) Contained as a part of the trust disclosure document or as a part of another trust disclosure document received within 1 year prior to the receipt of the latter trust disclosure document; (b) Accompanied concurrently by the trust disclosure document or by

another trust disclosure document that was received within 1 year prior to the receipt of the latter trust disclosure document; (c) Delivered separately within 10 days after the delivery of the trust disclosure document or of another trust disclosure document that was received within 1 year prior to the receipt of the latter trust disclosure document. For purposes of this paragraph, a limitation notice is not delivered separately if the notice is accompanied by another written communication, other than a written communication that refers only to the limitation notice; or (d) Received more than 10 days after the delivery of the trust disclosure document, but only if the limitation notice references that trust disclosure document and: 1. Offers to provide to the beneficiary on request another copy of that trust disclosure document if the document was received by the beneficiary within 1 year prior to receipt of the limitation notice; or 2. Is accompanied by another copy of that trust disclosure document if the trust disclosure document was received by the beneficiary 1 year or more prior to the receipt of the limitation notice. (6)(a) Notwithstanding subsections (1), (2), and (3), all claims by a beneficiary against a trustee are barred: 1. Upon the later of: a. Ten years after the date the trust terminates, the trustee resigns, or the fiduciary relationship between the trustee and the beneficiary otherwise ends if the beneficiary had actual knowledge of the existence of the trust and the beneficiary’s status as a beneficiary throughout the 10-year period; or b. Twenty years after the date of the act or omission of the trustee that is complained of if the beneficiary had actual knowledge of the existence of the trust and the beneficiary’s status as a beneficiary throughout the 20-year period; or 2. Forty years after the date the trust terminates, the trustee resigns, or the fiduciary relationship between the trustee and the beneficiary otherwise ends. (b) When a beneficiary shows by clear and convincing evidence that a trustee actively concealed facts supporting a cause of action, any existing

applicable statute of repose shall be extended by 30 years. (c) For purposes of sub-subparagraph (a)1.b., the failure of the trustee to take corrective action is not a separate act or omission and does not extend the period of repose established by this subsection. (d) This subsection applies to claims based upon acts or omissions occurring on or after July 1, 2008. (7) Any claim barred against a trustee or trust director under this section is also barred against the directors, officers, and employees acting for the trustee or trust director. (8) This section applies to trust accountings for accounting periods beginning on or after July 1, 2007, and to written reports, other than trust accountings, received by a beneficiary on or after July 1, 2007. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007; s. 5, ch. 2007-153, eff. July 1, 2007; s. 3, ch. 2008-76, eff. July 1, 2008; s. 7, ch. 2018-35, effective July 1, 2018; s. 9, ch. 2021-183, effective July 1, 2021; s. 57, ch. 2022-4, effective May 13, 2022. Editor’s Notes S. 8 of ch. 2018-35 provides: “The changes to ss. 736.08135 and 736.1008, Florida Statutes, made by this act are intended to clarify existing law, are remedial in nature, and apply retroactively to all cases pending or commenced on or after July 1, 2018.”

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1009. » Fla. Stat. § 736.1009

§ 736.1009. Reliance on trust instrument. A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1010. » Fla. Stat. § 736.1010

§ 736.1010. Event affecting administration or distribution. If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee’s lack of knowledge. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1011. » Fla. Stat. § 736.1011

§ 736.1011. Exculpation of trustee. (1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term: (a) Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or (b) Was inserted into the trust instrument as the result of an abuse by the trustee of a fiduciary or confidential relationship with the settlor. (2) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless: (a) The trustee proves that the exculpatory term is fair under the circumstances. (b) The term’s existence and contents were adequately communicated directly to the settlor or the independent attorney of the settlor. This paragraph applies only to trusts created on or after July 1, 2007. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007; s. 6, ch. 2007-153, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1012. » Fla. Stat. § 736.1012

§ 736.1012. Beneficiary’s consent, release, or ratification. A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless: (1) The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or (2) At the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary’s rights or of the material facts relating to the breach. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1013. » Fla. Stat. § 736.1013

§ 736.1013. Limitation on personal liability of trustee. (1) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity. (2) A trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property only if the trustee is personally at fault. (3) A claim based on a contract entered into by a trustee in the trustee’s fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust may be asserted in a judicial proceeding against the trustee in the trustee’s fiduciary capacity, whether or not the trustee is personally liable for the claim. (4) Issues of liability between the trust estate and the trustee individually may be determined in a proceeding for accounting, surcharge, or indemnification or in any other appropriate proceeding. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1014. » Fla. Stat. § 736.1014

§ 736.1014. Limitations on actions against certain trusts. (1) After the death of a settlor, no creditor of the settlor may bring, maintain, or continue any direct action against a trust described in s. 733.707(3), the trustee of the trust, or any beneficiary of the trust that is dependent on the individual liability of the settlor. Such claims and causes of action against the settlor shall be presented and enforced against the settlor’s estate as provided in part VII of chapter 733, and the personal representative of the settlor’s estate may obtain payment from the trustee of a trust described in s. 733.707(3) as provided in ss. 733.607(2), 733.707(3), and 736.05053. (2) This section does not preclude a direct action against a trust described in s. 733.707(3), the trustee of the trust, or a beneficiary of the trust that is not dependent on the individual liability of the settlor. (3) This section does not affect the lien of any duly recorded mortgage or security interest or the lien of any person in possession of personal property or the right to foreclose and enforce the mortgage or lien. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1015. » Fla. Stat. § 736.1015

§ 736.1015. Interest as general partner. (1) Unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust’s acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to a Uniform Partnership Act or Uniform Limited Partnership Act. (2) A trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault. (3) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1016. » Fla. Stat. § 736.1016

§ 736.1016. Protection of person dealing with trustee. (1) A person other than a beneficiary who in good faith assists a trustee or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee’s powers, is protected from liability as if the trustee properly exercised the power. (2) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee’s powers or the propriety of their exercise. (3) A person who in good faith delivers assets to a trustee need not ensure their proper application. (4) A person other than a beneficiary who in good faith assists a former trustee or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated, is protected from liability as if the former trustee were still a trustee. (5) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1017. » Fla. Stat. § 736.1017

§ 736.1017. Certification of trust. (1) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information: (a) The trust exists and the date the trust instrument was executed. (b) The identity of the settlor. (c) The identity and address of the currently acting trustee. (d) The powers of the trustee. (e) Whether the trust contains any powers of direction, and if so, the identity of the current trust directors, the trustee powers subject to a power of direction, and whether the trust directors have directed or authorized the trustee to engage in the proposed transaction for which the certification of trust was issued. (f) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust. (g) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee. (h) The manner of taking title to trust property. (2) A certification of trust may be signed or otherwise authenticated by any trustee. (3) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect. (4) A certification of trust need not contain the dispositive terms of a trust. (5) A recipient of a certification of trust may require the trustee to furnish copies of any excerpts from the original trust instrument and later amendments that designate the trustee and confer upon the trustee the

power to act in the pending transaction. (6) A person who acts in reliance on a certification of trust without knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying on the certification. (7) A person who in good faith enters into a transaction in reliance on a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct. (8) This section does not limit the right of a person to obtain a copy of the trust instrument when required to be furnished by law or in a judicial proceeding concerning the trust. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007; s. 10, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. X. », « § 736.1018. • Fla. Stat. § 736.1018

§ 736.1018. Improper distribution or payment; liability of distributee. Any person who received a distribution or was paid improperly from a trust shall return the assets or funds received and the income from those assets or interest on the funds from the date of distribution or payment unless the distribution or payment cannot be questioned because of adjudication, estoppel, or limitations. If the person does not have the assets or funds, the value of the assets or funds at the date of disposition, income from the assets or funds, and gain received by the person from the assets or funds shall be returned. HISTORY: S. 10, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. XI. » Fla. Stat. Title XLII, Ch. 736, Pt. XI

PART XI. RULES OF CONSTRUCTION. « Title XLII. », « Ch. 736. », « Pt. XI. », • § 736.1101. » Fla. Stat. § 736.1101

§ 736.1101. Rules of construction; general provisions. Except as provided in s. 736.0105(2): (1) The intent of the settlor as expressed in the terms of the trust controls the legal effect of the dispositions made in the trust. (2) The rules of construction as expressed in this part shall apply unless a contrary intent is indicated by the terms of the trust. HISTORY: S. 11, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. XI. », « § 736.1102. » Fla. Stat. § 736.1102

§ 736.1102. Construction of terms. The laws used to determine paternity and relationships for the purposes of intestate succession apply when determining whether class gift terminology and terms of relationship include adopted persons and persons born out of wedlock. HISTORY: S. 11, ch. 2006-217, eff. July 1, 2007; s. 17, ch. 2010-132, eff. Oct. 1, 2010.

« Title XLII. », « Ch. 736. », « Pt. XI. », « § 736.1103. » Fla. Stat. § 736.1103

§ 736.1103. Gifts to multigeneration classes to be per stirpes. Class gifts to descendants, issue, and other multigeneration classes shall be per stirpes. HISTORY: S. 11, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. XI. », « 736.1104. » Fla. Stat. § 736.1104

736.1104. Person not entitled to receive property or other benefits by reason of victim’s death.— (1) A beneficiary of a trust who unlawfully and intentionally kills or unlawfully and intentionally participates in procuring the death of the settlor or another person on whose death such beneficiary’s interest depends, is not entitled to any trust interest, including homestead, dependent on the victim’s death, and such interest shall devolve as though the killer had predeceased the victim. (2) A final judgment of conviction of murder in any degree is conclusive for the purposes of this section. In the absence of a murder conviction in any degree, the court may determine by the greater weight of the evidence whether the killing was unlawful and intentional for purposes of this section. (3) A beneficiary of a trust who was convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, as those terms are defined in s. 825.101, for conduct against a settlor or another person on whose death such beneficiary’s interest depends is not entitled to any trust interest, including a homestead dependent on the victim’s death, and such interest shall devolve as though the abuser, neglector, exploiter, or killer had predeceased the victim. (a) A final judgment of conviction for abuse, neglect, exploitation, or aggravated manslaughter of the decedent or other person creates a rebuttable presumption that this section applies. (b) In the absence of a qualifying conviction, the court may determine by the greater weight of the evidence whether the decedent’s or other person’s death was caused by or contributed to by the abuser’s, neglector’s, exploiter’s, or killer’s conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2) for purposes of this section. (c) This subsection does not apply if it can be proven by clear and convincing evidence that, after the conviction of abuse, neglect, or exploitation, the victim of the offense, if capacitated, ratifies an intent that the

person so convicted of abuse, neglect, or exploitation retain a trust interest by executing a valid written instrument, sworn to and witnessed by two persons who would be competent as witnesses to a will, which expresses a specific intent to allow the convicted person to retain a trust interest. HISTORY: S. 11, ch. 2006-217, eff. July 1, 2007; s. 4, ch. 2021-221, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XI. », « § 736.1105. » Fla. Stat. § 736.1105

§ 736.1105. Effect of subsequent marriage, birth, adoption, or dissolution of marriage. (1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the revocable trust of any person. (2) Any provision of a revocable trust that affects the settlor’s spouse is void upon dissolution of the marriage of the settlor and the spouse, whether the marriage occurred before or after the execution of such revocable trust. Upon dissolution of marriage, the revocable trust shall be construed as if the spouse had died at the time of the dissolution of marriage. (a) Dissolution of marriage occurs at the time the decedent’s marriage is judicially dissolved or declared invalid by court order. (b) This subsection does not invalidate a provision of a revocable trust: 1. Executed by the settlor after the dissolution of the marriage; 2. If there is a specific intention to the contrary stated in the revocable trust; or 3. If the dissolution of marriage judgment expressly provides otherwise. (3) This section applies to revocable trusts of decedents who die on or after June 29, 2021. HISTORY: S. 11, ch. 2006-217, eff. July 1, 2007; s. 11, ch. 2021-183, effective June 29, 2021.

« Title XLII. », « Ch. 736. », « Pt. XI. », « § 736.1106. » Fla. Stat. § 736.1106

§ 736.1106. Antilapse; survivorship with respect to future interests under terms of inter vivos and testamentary trusts; substitute takers. (1) As used in this section, the term: (a) “Beneficiary” means the beneficiary of a future interest and includes a class member if the future interest is in the form of a class gift. (b) “Distribution date,” with respect to a future interest, means the time when the future interest is to take effect. The distribution date need not occur at the beginning or end of a calendar day, but can occur at a time during the course of a day. The distribution date refers to the time that the right to possession or enjoyment arises and is not necessarily the time that any benefit of the right is realized. (c) “Future interest” includes an alternative future interest and a future interest in the form of a class gift. (d) “Future interest under the terms of a trust” means a future interest created by an inter vivos or testamentary transfer to an existing trust or creating a trust or by an exercise of a power of appointment to an existing trust directing the continuance of an existing trust, designating a beneficiary of an existing trust, or creating a trust. (e) “Surviving beneficiary” or “surviving descendant” means a beneficiary or a descendant who did not predecease the distribution date or is not deemed to have predeceased the distribution date by operation of law. (2) A future interest under the terms of a trust is contingent upon the beneficiary surviving the distribution date. Unless a contrary intent appears in the trust instrument, if a beneficiary of a future interest under the terms of a trust fails to survive the distribution date, and the deceased beneficiary leaves surviving descendants, a substitute gift is created in the beneficiary’s surviving descendants. They take per stirpes the property to which the beneficiary would have been entitled if the beneficiary had survived the distribution date. (3) In the application of this section:

(a) Words of survivorship attached to a future interest are a sufficient indication of an intent contrary to the application of this section. (b) A residuary clause in a will is not a sufficient indication of an intent contrary to the application of this section, whether or not the will specifically provides that lapsed or failed devises are to pass under the residuary clause. (4) If, after the application of subsections (2) and (3), there is no surviving taker, the property passes in the following order: (a) If the future interest was created by the exercise of a power of appointment, the property passes under the donor’s gift-in-default clause, if any, which clause is treated as creating a future interest under the terms of a trust. (b) If no taker is produced by the application of paragraph (a) and the trust was created in a nonresiduary devise or appointment in the transferor’s will, the property passes under the residuary clause in the transferor’s will. For purposes of this section, the residuary clause is treated as creating a future interest under the terms of a trust. (c) If no taker is produced by the application of paragraph (a) or paragraph (b), the property passes to those persons, including the state, and in such shares as would succeed to the transferor’s intestate estate under the intestate succession law of the transferor’s domicile if the transferor died when the disposition is to take effect in possession or enjoyment. For purposes of paragraphs (b) and (c), the term “transferor” with respect to a future interest created by the exercise of a power of appointment, means the donor if the power was a nongeneral power and the donee if the power was a general power. (5) Unless a contrary intent appears in the trust instrument, subsections (2)-(4) do not apply to an outright devise that vests upon the death of the settlor unless the beneficiary is a grandparent, or a lineal descendant of a grandparent, of the settlor or testator and the beneficiary: (a) Is dead at the time of the execution of the revocable trust or will; (b) Fails to survive the settlor or testator; or (c) Is required by the inter vivos trust or by operation of law to be treated as having predeceased the settlor or testator.

A devise in a revocable trust or a testamentary trust that is to take effect at the death of the settlor or testator does not vest until the death of the settlor or testator. (6) Subsections (1)-(4) apply to all trusts other than trusts that were irrevocable before the effective date of this code. Sections 732.603, 732.604, and 737.6035, as they exist on June 30, 2007, continue to apply to other trusts executed on or after June 12, 2003. Subsection (5) applies to those trusts that become irrevocable after June 30, 2014. HISTORY: S. 11, ch. 2006-217, eff. July 1, 2007; s. 16, ch. 2007-153, eff. July 1, 2007; s. 7, ch. 2009-117, eff. July 1, 2009; s. 11, ch. 2014-127, effective July 1, 2014.

« Title XLII. », « Ch. 736. », « Pt. XI. », « § 736.1107. » Fla. Stat. § 736.1107

§ 736.1107. Change in securities; accessions; nonademption. A gift of specific securities, rather than their equivalent value, entitles the beneficiary only to: (1) As much of the gifted securities of the same issuer held by the trust estate at the time of the occurrence of the event entitling the beneficiary to distribution. (2) Any additional or other securities of the same issuer held by the trust estate because of action initiated by the issuer, excluding any acquired by exercise of purchase options. (3) Securities of another issuer held by the trust estate as a result of a merger, consolidation, reorganization, or other similar action initiated by the original issuer. HISTORY: S. 11, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. XI. », « § 736.1108. » Fla. Stat. § 736.1108

§ 736.1108. Penalty clause for contest. (1) A provision in a trust instrument purporting to penalize any interested person for contesting the trust instrument or instituting other proceedings relating to a trust estate or trust assets is unenforceable. (2) This section applies to trusts created on or after October 1, 1993. For purposes of this subsection, a revocable trust shall be treated as created when the right of revocation terminates. HISTORY: S. 11, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. XI. », « § 736.1109. • Fla. Stat. § 736.1109

§ 736.1109. Testamentary and revocable trusts; homestead protections. (1) If a devise of homestead under a trust violates the limitations on the devise of homestead in s. 4(c), Art. X of the State Constitution, title shall pass as provided in s. 732.401 at the moment of death. (2) A power of sale or general direction to pay debts, expenses, and claims within the trust instrument does not subject an interest in the protected homestead to the claims of decedent’s creditors, expenses of administration, and obligations of the decedent’s estate as provided in s. 736.05053. (3) If a trust directs the sale of property that would otherwise qualify as protected homestead, and the property is not subject to the constitutional limitations on the devise of homestead under the State Constitution, title shall remain vested in the trustee and subject to the provisions of the trust. (4) This section applies only to trusts described in s. 733.707(3) and to testamentary trusts. (5) This section is intended to clarify existing law and applies to the administration of trusts and estates of decedents who die before, on, or after July 1, 2021. HISTORY: S. 12, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XII. » Fla. Stat. Title XLII, Ch. 736, Pt. XII

PART XII. CHARITABLE TRUSTS. « Title XLII. », « Ch. 736. », « Pt. XII. », • § 736.1201. » Fla. Stat. § 736.1201

§ 736.1201. Definitions. As used in this part: (1) “Charitable organization” means an organization described in s. 501(c)(3) of the Internal Revenue Code and exempt from tax under s. 501(a) of the Internal Revenue Code. (2) “Delivery of notice” means delivery of a written notice required under this part using any commercial delivery service requiring a signed receipt or by any form of mail requiring a signed receipt. (3) “Internal Revenue Code” means the Internal Revenue Code of 1986, as amended. (4) “Private foundation trust” means a trust, including a trust described in s. 4947(a)(1) of the Internal Revenue Code, as defined in s. 509(a) of the Internal Revenue Code. (5) “Split interest trust” means a trust for individual and charitable beneficiaries that is subject to the provisions of s. 4947(a)(2) of the Internal Revenue Code. HISTORY: S. 12, ch. 2006-217, eff. July 1, 2007; s. 6, ch. 2017-155, effective July 1, 2017. Editor’s notes. Sections 501(a), 501(c)(3), 509(a), and 4947 of the Internal Revenue Code, are codified as 26 U.S.C.S. §§ 501(a), 501(c)(3), 509(a), and 4947, respectively.

« Title XLII. », « Ch. 736. », « Pt. XII. », « § 736.1202. » Fla. Stat. § 736.1202

§ 736.1202. Application of this part. Except as otherwise provided in the trust, the provisions of this part apply to all private foundation trusts and split interest trusts, whether created or established before or after November 1, 1971, and to all trust assets acquired by the trustee before or after November 1, 1971. HISTORY: S. 12, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. XII. », « § 736.1203. » Fla. Stat. § 736.1203

§ 736.1203. Trustee of a private foundation trust or a split interest trust. Except as provided in s. 736.1205, the trustee of a private foundation trust or a split interest trust has the duties and powers conferred on the trustee by this part. HISTORY: S. 12, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. XII. », « § 736.1204. » Fla. Stat. § 736.1204

§ 736.1204. Powers and duties of trustee of a private foundation trust or a split interest trust. (1) In the exercise of a trustee’s powers, including the powers granted by this part, a trustee has a duty to act with due regard to the trustee’s obligation as a fiduciary, including a duty not to exercise any power in such a way as to: (a) Deprive the trust of an otherwise available tax exemption, deduction, or credit for tax purposes; (b) Deprive a donor of a trust asset or tax deduction or credit; or (c) Operate to impose a tax on a donor, trust, or other person. For purposes of this subsection, the term “tax” includes, but is not limited to, any federal, state, or local excise, income, gift, estate, or inheritance tax. (2) Except as provided in s. 736.1205, a trustee of a private foundation trust shall make distributions at such time and in such manner as not to subject the trust to tax under s. 4942 of the Internal Revenue Code. (3) Except as provided in subsection (4) and in s. 736.1205, a trustee of a private foundation trust, or a split interest trust to the extent that the split interest trust is subject to the provisions of s. 4947(a)(2) of the Internal Revenue Code, in the exercise of the trustee’s powers shall not: (a) Engage in any act of self-dealing as defined in s. 4941(d) of the Internal Revenue Code; (b) Retain any excess business holdings as defined in s. 4943(c) of the Internal Revenue Code; (c) Make any investments in a manner that subjects the foundation to tax under s. 4944 of the Internal Revenue Code; or (d) Make any taxable expenditures as defined in s. 4945(d) of the Internal Revenue Code. (4) Paragraphs (3)(b) and (c) shall not apply to a split interest trust if: (a) All the income interest, and none of the remainder interest, of the trust

is devoted solely to one or more of the purposes described in s. 170(c)(2)(B) of the Internal Revenue Code, and all amounts in the trust for which a deduction was allowed under s. 170, s. 545(b)(2), s. 556(b)(2), s. 642(c), s. 2055, s. 2106(a)(2), or s. 2522 of the Internal Revenue Code have an aggregate fair market value of not more than 60 percent of the aggregate fair market value of all amounts in the trust; or (b) A deduction was allowed under s. 170, s. 545(b)(2), s. 556(b)(2), s. 642(c), s. 2055, s. 2106(a)(2), or s. 2522 of the Internal Revenue Code for amounts payable under the terms of the trust to every remainder beneficiary but not to any income beneficiary. HISTORY: S. 12, ch. 2006-217, eff. July 1, 2007; s. 17, ch. 2007-153, eff. July 1, 2007. Editor’s notes. The references to sections of the Internal Revenue Code, referred to in this section, are codified throughout Title 26 of the U.S.C.S.

« Title XLII. », « Ch. 736. », « Pt. XII. », « § 736.1205. » Fla. Stat. § 736.1205

§ 736.1205. Notice that this part does not apply. In the case of a power to make distributions, if the trustee determines that the governing instrument contains provisions that are more restrictive than s. 736.1204(2), or if the trust contains other powers, inconsistent with the provisions of s. 736.1204(3) that specifically direct acts by the trustee, the trustee shall notify the Attorney General by delivery of notice when the trust becomes subject to this part. Section 736.1204 does not apply to any trust for which notice has been given pursuant to this section unless the trust is amended to comply with the terms of this part. HISTORY: S. 12, ch. 2006-217, eff. July 1, 2007; s. 7, ch. 2017-155, effective July 1, 2017.

« Title XLII. », « Ch. 736. », « Pt. XII. », « § 736.1206. » Fla. Stat. § 736.1206

§ 736.1206. Power to amend trust instrument. (1) In the case of a trust that is solely for a named charitable organization or organizations and for which the trustee does not possess any discretion concerning the distribution of income or principal among two or more such organizations, the trustee may amend the governing instrument to comply with the provisions of s. 736.1204(2) with the consent of the named charitable organization or organizations. (2) In the case of a charitable trust that is not subject to subsection (1), the trustee may amend the governing instrument to comply with s. 736.1204(2) after delivery of notice to, and with the consent of, the Attorney General. HISTORY: S. 12, ch. 2006-217, eff. July 1, 2007; s. 8, ch. 2017-155, effective July 1, 2017.

« Title XLII. », « Ch. 736. », « Pt. XII. », « § 736.1207. » Fla. Stat. § 736.1207

§ 736.1207. Power of court to permit deviation. This part does not affect the power of a court to relieve a trustee from any restrictions on the powers and duties that are placed on the trustee by the governing instrument or applicable law for cause shown and on complaint of the trustee, the Attorney General, or an affected beneficiary and notice to the affected parties. HISTORY: S. 12, ch. 2006-217, eff. July 1, 2007; s. 9, ch. 2017-155, effective July 1, 2017.

« Title XLII. », « Ch. 736. », « Pt. XII. », « § 736.1208. » Fla. Stat. § 736.1208

§ 736.1208. Release; property and persons affected; manner of effecting. (1) The trustee of a trust, all of the unexpired interests in which are devoted to one or more charitable purposes, may release a power to select charitable donees unless the creating instrument provides otherwise. (2) The release of a power to select charitable donees may apply to all or any part of the property subject to the power and may reduce or limit the charitable organizations, or classes of charitable organizations, in whose favor the power is exercisable. (3) A release shall be effected by a duly acknowledged written instrument signed by the trustee and delivered as provided in subsection (4). (4) Delivery of a release shall be accomplished as follows: (a) If the release is accomplished by specifying a charitable organization or organizations as beneficiary or beneficiaries of the trust, by delivery of a copy of the release to each designated charitable organization. (b) If the release is accomplished by reducing the class of permissible charitable organizations, by delivery of notice of the release to the Attorney General, including a copy of the release. (5) If a release is accomplished by specifying a public charitable organization or organizations as beneficiary or beneficiaries of the trust, the trust at all times thereafter shall be operated exclusively for the benefit of, and be supervised by, the specified public charitable organization or organizations. HISTORY: S. 12, ch. 2006-217, eff. July 1, 2007; s. 10, ch. 2017-155, effective July 1, 2017.

« Title XLII. », « Ch. 736. », « Pt. XII. », « § 736.1209. » Fla. Stat. § 736.1209

§ 736.1209. Election to come under this part. With the consent of that organization or organizations, a trustee of a trust for the benefit of a public charitable organization or organizations may come under s. 736.1208(5) by delivery of notice to the Attorney General of the election, accompanied by the proof of required consent. Thereafter the trust shall be subject to s. 736.1208(5). HISTORY: S. 12, ch. 2006-217, eff. July 1, 2007; s. 148, ch. 2007-5, eff. July 1, 2007; s. 18, ch. 2007-153, eff. July 1, 2007; s. 11, ch. 2017-155, effective July 1, 2017.

« Title XLII. », « Ch. 736. », « Pt. XII. », « § 736.1210. » Fla. Stat. § 736.1210

§ 736.1210. Interpretation. This part shall be interpreted to effectuate the intent of the state to preserve, foster, and encourage gifts to, or for the benefit of, charitable organizations. HISTORY: S. 12, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. XII. », « § 736.1211. • Fla. Stat. § 736.1211

§ 736.1211. Protections afforded to certain charitable trusts and organizations. (1) A charitable organization, private foundation trust, split interest trust, or a private foundation as defined in s. 509(a) of the Internal Revenue Code may not be required by a state agency or a local government to disclose the race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, sexual orientation, or political party registration of its employees, officers, directors, trustees, members, or owners, without the prior written consent of the individual or individuals in question. (2) A private foundation as defined in s. 509(a) of the Internal Revenue Code, a private foundation trust, a split interest trust, or a grant-making organization may not be required by the state or any local government to disclose the race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, sexual orientation, or political party registration of any person, or of the employees, officers, directors, trustees, members, or owners of any entity that has received monetary or in-kind contributions from or contracted with the organization, trust, or foundation, without the prior written consent of the individual or individuals in question. For purposes of this subsection, a “grant-making organization” is an organization that makes grants to charitable organizations but is not a private foundation, private foundation trust, or split interest trust. (3) A state agency or a local government may not require that the governing board or officers of a charitable organization, private foundation trust, split interest trust, or a private foundation as defined in s. 509(a) of the Internal Revenue Code include an individual or individuals of any particular race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, sexual orientation, or political party registration. Further, a state agency or a local government may not prohibit service as a board member or officer by an individual or individuals based upon their familial relationship to each other or to a donor or require that the governing board or officers include one or more individuals who do not

share a familial relationship with each other or with a donor. (4) A charitable organization, private foundation trust, split interest trust, or any private foundation as defined in s. 509(a) of the Internal Revenue Code may not be required by a state agency or a local government to distribute its funds to or contract with any person or entity based upon the race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, sexual orientation, or political party registration of the person or of the employees, officers, directors, trustees, members, or owners of the entity, or based upon the populations, locales, or communities served by the person or entity, except as a lawful condition on the expenditure of particular funds imposed by the donor of such funds. HISTORY: S. 8, ch. 2010-122, eff. July 1, 2010. Editor’s notes. Section 9, ch. 2010-122 provides: “Section 8 of this act does not invalidate contracts in effect before the effective date of this act.” Section 509(a) of the Internal Revenue Code, referred to in this section, is codified as 26 U.S.C.S. § 509(a).

« Title XLII. », « Ch. 736. », « Pt. XIII. » Fla. Stat. Title XLII, Ch. 736, Pt. XIII

PART XIII. MISCELLANEOUS. « Title XLII. », « Ch. 736. », « Pt. XIII. », • § 736.1301. » Fla. Stat. § 736.1301

§ 736.1301. Electronic records and signatures. Any provisions of this code governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, are deemed to conform to the requirements of s. 102 of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s. 7002, and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act. HISTORY: S. 13, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. XIII. », « § 736.1302. » Fla. Stat. § 736.1302

§ 736.1302. Severability clause. If any provision of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this code that can be given effect without the invalid provision or application, and to this end the provisions of this code are severable. HISTORY: S. 13, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. XIII. », « § 736.1303. • Fla. Stat. § 736.1303

§ 736.1303. Application to existing relationships. (1) Except as otherwise provided in this code, on July 1, 2007: (a) This code applies to all trusts created before, on, or after such date. (b) This code applies to all judicial proceedings concerning trusts commenced on or after such date. (c) This code applies to judicial proceedings concerning trusts commenced before such date, unless the court finds that application of a particular provision of this code would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this code does not apply and the superseded law applies. (d) Any rule of construction or presumption provided in this code applies to trust instruments executed before the effective date of this code unless there is a clear indication of a contrary intent in the terms of the trust. (e) An act done before such date is not affected by this code. (2) If a right is acquired, extinguished, or barred on the expiration of a prescribed period that has commenced to run under any other law before July 1, 2007, that law continues to apply to the right even if it has been repealed or superseded. HISTORY: S. 13, ch. 2006-217, eff. July 1, 2007.

« Title XLII. », « Ch. 736. », « Pt. XIV. » Fla. Stat. Title XLII, Ch. 736, Pt. XIV

PART XIV. FLORIDA UNIFORM DIRECTED TRUST ACT. HISTORY: S. 13, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XIV. », • § 736.1401. » Fla. Stat. § 736.1401

§ 736.1401. Short title. This part may be cited as the “Florida Uniform Directed Trust Act.” HISTORY: S. 14, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XIV. », « § 736.1403. » Fla. Stat. § 736.1403

§ 736.1403. Application; principal place of administration. (1) This part applies to a trust subject to this chapter, whenever created, that has its principal place of administration in the state, subject to the following rules: (a) If the trust was created before July 1, 2021, this part applies only to a decision or action occurring on or after July 1, 2021. (b) If the principal place of administration of the trust is changed to the state on or after July 1, 2021, this part applies only to a decision or action occurring on or after the date of the change. (2) In addition to s. 736.0108, relating to a trust’s principal place of administration, in a directed trust, terms of the trust that designate the principal place of administration of the trust in the state are valid and controlling if a trust director’s principal place of business is located in or a trust director is a resident of the state. HISTORY: S. 15, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XIV. », « § 736.1405. » Fla. Stat. § 736.1405

§ 736.1405. Exclusions. (1) As used in this section, the term “power of appointment” means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property. (2) Unless the terms of a trust expressly provide otherwise by specific reference to this part, section, or paragraph, this part does not apply to: (a) A power of appointment; (b) A power to appoint or remove a trustee or trust director; (c) A power of a settlor over a trust while the trust is revocable by that settlor; (d) A power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of: 1. The beneficiary; or 2. Another beneficiary represented by the beneficiary under ss. 736.0301736.0305 with respect to the exercise or nonexercise of the power; (e) A power over a trust if the terms of the trust provide that the power is held in a nonfiduciary capacity; and 1. The power must be held in a nonfiduciary capacity to achieve the settlor’s tax objectives under the United States Internal Revenue Code of 1986, as amended, and regulations issued thereunder, as amended; or 2. It is a power to reimburse the settlor for all or a part of the settlor’s income tax liabilities attributable to the income of the trust; or (f) A power to add or to release a power under the trust instrument if the power subject to addition or release causes the settlor to be treated as the owner of all or any portion of the trust for federal income tax purposes. (3) Unless the terms of a trust provide otherwise, a power granted to a person other than a trustee:

(a) To designate a recipient of an ownership interest in trust property, including a power to terminate a trust, is a power of appointment and not a power of direction. (b) To create, modify, or terminate a power of appointment is a power of direction and not a power of appointment, except a power to create a power of appointment that is an element of a broader power to affect an ownership interest in trust property beyond the mere creation of a power of appointment, such as a power to appoint trust property in further trust, is a power of appointment and not a power of direction. HISTORY: S. 15, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XIV. », « § 736.1406. » Fla. Stat. § 736.1406

§ 736.1406. Power of trust director. (1) Subject to s. 736.1407, relating to trust directors being subject to the same rules as a trustee regarding Social Security Act reimbursement requirements and charitable trust instruments, the terms of a trust may grant a power of direction to a trust director. (2) A power of direction includes only those powers granted by the terms of the trust. (3) Unless the terms of a trust provide otherwise: (a) A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the trust director under subsection (1); and (b) Trust directors with joint powers must act by majority decision. HISTORY: S. 17, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XIV. », « § 736.1407. » Fla. Stat. § 736.1407

§ 736.1407. Limitations on trust director. A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under s. 736.1406(3)(a), relating to additional power granted to a trust director in furtherance of an express power of direction, regarding: (1) A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of s. 1917 of the Social Security Act, 42 U.S.C. s. 1396p(d)(4)(A), as amended, and regulations issued thereunder, as amended. (2) A charitable interest in the trust, including notice regarding the interest to the Attorney General. HISTORY: S. 18, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XIV. », « § 736.1408. » Fla. Stat. § 736.1408

§ 736.1408. Duty and liability of trust director. (1) Subject to subsection (2), with respect to a power of direction or further power under s. 736.1406(3)(a), relating to additional power granted to a trust director in furtherance of an express power of direction: (a) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power: 1. If the power is held individually, as a sole trustee in a like position and under similar circumstances; or 2. If the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances. (b) The terms of the trust may vary the trust director’s duty or liability to the same extent the terms of the trust may vary the duty or liability of a trustee in a like position and under similar circumstances. (2) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this part to provide health care in the ordinary course of the trust director’s business or practice of a profession, to the extent the trust director acts in that capacity the trust director has no duty or liability under this part. (3) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section. HISTORY: S. 19, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XIV. », « § 736.1409. » Fla. Stat. § 736.1409

§ 736.1409. Duty and liability of directed trustee. (1) Subject to subsection (2), a directed trustee shall take reasonable action to comply with a trust director’s exercise or nonexercise of a power of direction or further power under s. 736.1406(3)(a), relating to additional power granted to a trust director in furtherance of an express power of direction, and the trustee is not liable for such reasonable action. (2) A directed trustee may not comply with a trust director’s exercise or nonexercise of a power of direction or further power under s. 736.1406(3) (a), relating to additional power granted to a trust director in furtherance of an express power of direction, to the extent that by complying the trustee would engage in willful misconduct. (3) Before complying with a trust director’s exercise of a power of direction, the directed trustee shall determine whether or not the exercise is within the scope of the trust director’s power of direction. The exercise of a power of direction is not outside the scope of a trust director’s power of direction merely because the exercise constitutes or may constitute a breach of trust. (4) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if: (a) The breach involved the trustee’s or other director’s willful misconduct; (b) The release was induced by improper conduct of the trustee or other director in procuring the release; or (c) At the time of the release, the trust director did not know the material facts relating to the breach. (5) A directed trustee that has reasonable doubt about its duty under this section may apply to the court for instructions, with attorney fees and costs to be paid from assets of the trust as provided in this code. (6) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this part.

HISTORY: S. 20, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XIV. », « § 736.141. » Fla. Stat. § 736.141

§ 736.141. Duty to provide information. (1) Subject to s. 736.1411, relating to limitations on the duties of trustees or trust directors to monitor, inform, or advise on matters involving the other, a trustee shall provide information to a trust director to the extent the information is reasonably related to the powers or duties of the trust director. (2) Subject to s. 736.1411, relating to limitations on the duties of trustees or trust directors to monitor, inform, or advise on matters involving the other, a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related to the powers or duties of the trustee or other trust director. (3) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct. (4) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct. (5) A trust director shall provide information within the trust director’s knowledge or control to a qualified beneficiary upon a written request of a qualified beneficiary to the extent the information is reasonably related to the powers or duties of the trust director. HISTORY: S. 21, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XIV. », « § 736.1411. » Fla. Stat. § 736.1411

§ 736.1411. No duty to monitor, inform, or advise. (1) Notwithstanding s. 736.1409(1), relating to the duty of a directed trustee to take reasonable action when directed and to the release of liability for such action, unless the terms of a trust provide otherwise: (a) A trustee does not have a duty to: 1. Monitor a trust director; or 2. Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently from the trust director. (b) By taking an action described in paragraph (a), a trustee does not assume the duty excluded by paragraph (a). (2) Notwithstanding s. 736.1408(1), relating to the fiduciary duty of a trust director, unless the terms of a trust provide otherwise: (a) A trust director does not have a duty to: 1. Monitor a trustee or another trust director; or 2. Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the trust director might have acted differently from a trustee or another trust director. (b) By taking an action described in paragraph (a), a trust director does not assume the duty excluded by paragraph (a). HISTORY: S. 22, ch. 2021-183, effective July 1, 2021; s. 58, ch. 2022-4, effective May 13, 2022.

« Title XLII. », « Ch. 736. », « Pt. XIV. », « § 736.1412. » Fla. Stat. § 736.1412

§ 736.1412. Application to cotrustee. (1) The terms of a trust may provide for the appointment of more than one trustee but confer upon one or more of the trustees, to the exclusion of the others, the power to direct or prevent specified actions of the trustees. (2) The excluded trustees shall act in accordance with the exercise of the power in the manner, and with the same duty and liability, as directed trustees with respect to a trust director’s power of direction under s. 736.1409, relating to the duties and liabilities of a directed trustee; s. 736.141, relating to the duties of a trustee and trust director to provide and rely on information; and s. 736.1411, relating to limitations on the duties of trustees or trust directors to monitor, inform, or advise on matters involving the other. (3) The trustee or trustees having the power to direct or prevent actions of the excluded trustees shall be liable to the beneficiaries with respect to the exercise of the power as if the excluded trustees were not in office and shall have the exclusive obligation to account to and to defend any action brought by the beneficiaries with respect to the exercise of the power. HISTORY: S. 23, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XIV. », « § 736.1413. » Fla. Stat. § 736.1413

§ 736.1413. Limitation of action against trust director. (1) An action against a trust director for breach of trust must be commenced within the same limitation period for an action for breach of trust against a trustee in a like position and under similar circumstances under s. 736.1008, relating to limitations on proceedings against trustees. (2) A trust accounting or any other written report of a trustee or a trust director has the same effect on the limitation period for an action against a trust director for breach of trust that such trust accounting or written report would have under s. 736.1008, relating to limitations on proceedings against trustees, in an action for breach of trust against a trustee in a like position and under similar circumstances. HISTORY: S. 24, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XIV. », « § 736.1414. » Fla. Stat. § 736.1414

§ 736.1414. Defenses in action against trust director. In an action against a trust director for breach of trust, the trust director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee. HISTORY: S. 25, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XIV. », « § 736.1415. » Fla. Stat. § 736.1415

§ 736.1415. Jurisdiction over trust director. (1) By accepting appointment as a trust director of a trust subject to this part, the trust director submits to the personal jurisdiction of the courts of the state regarding any matter related to a power or duty of the trust director. (2) This section does not preclude other methods of obtaining jurisdiction over a trust director. HISTORY: S. 26, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XIV. », « § 736.1416. • Fla. Stat. § 736.1416

§ 736.1416. Office of trust director. (1) Unless the terms of a trust provide otherwise, a trust director shall be considered a trustee for purposes of the following: (a) Role of the court in trust proceedings under s. 736.0201. (b) Proceedings for review of employment of agents and review of compensation of a trustee and employees of a trust under s. 736.0206. (c) Representation by the holder of power of appointment under s. 736.0302(4), relating to how trustees with discretionary power to make trust distributions do not have a power of appointment for purposes of representing persons affected by such power. (d) Prohibition on a trustee acting as a designated representative under s. 736.0306(2). (e) Validation of power to select a beneficiary from an indefinite class under s. 736.0402(3). (f) As to allowing application by the trust director for judicial modification of a trust when such modification is not inconsistent with the settlor’s purpose under s. 736.04113, for judicial construction of provisions relating to federal taxes under s. 736.04114, for judicial modification of a trust when such modification is in the best interest of the beneficiaries under s. 736.04115, or for judicial modification or termination of an uneconomic trust under s. 736.0414(2), if the trust director is so authorized by the terms of the trust. (g) Discretionary trusts and the effect of a standard under s. 736.0504, relating to special provisions regarding discretionary trusts. (h) Trust assets not being subject to creditor claims by reason of discretionary powers granted to a trustee under s. 736.0505(1)(c). (i) A trustee’s duty to pay trust obligations and expenses before paying obligations and expenses of the settlor’s estate under s. 736.05053(4).

(j) Acceptance or declination of a trusteeship under s. 736.0701. (k) Requirement to give bond to secure performance under certain circumstances and court discretions relating to such bonds under s. 736.0702. (l) Filling trustee vacancies and court appointment of an additional trustee or special fiduciary under s. 736.0704. (m) Resignation of a trustee under s. 736.0705, including requirements, court authorizations, and remaining liabilities. (n) Court removal of a trustee, including who may request a removal, under s. 736.0706, but not to give the trust director the power to request removal of a trustee. (o) Reasonable compensation of a trustee or professional acting as a trustee under s. 736.0708. (p) Entitlement of a trustee to reimbursement of expenses and liens to secure advances under s. 736.0709. (q) Authority to pay costs or attorney fees without approval under s. 736.0802(10), if the trust director has a power of direction or, if the trust director has a further power to direct, the payment of such costs or attorney fees under s. 736.1406(2), relating to the explicit power of direction granted to a trust director, or s. 736.1406(3)(a), relating to the implied additional power of a director in furtherance of an express power of direction. (r) Limitations on a trustee’s discretionary powers under s. 736.0814. (s) Administration of trusts by trustees without regard to pending contests or proceedings, except as the court directs, under s. 736.08165. (t) A trustee’s obligation to invest in accordance with chapter 518 under s. 736.0901. (u) The exception to the prudent investor rule for life insurance under s. 736.0902. (v) Remedies available for a trustee breach of trust under s. 736.1001. (w) Damages against a trustee for breach of trust under s. 736.1002. (x) A trustee’s immunity from liability for loss or no profit under s.

736.1003 if there is no breach of trust. (y) Court-awarded attorney fees and costs under s. 736.1004 for breach of trust challenges. (z) Fees available to a trustee’s attorney for extraordinary service under s. 736.1007(5), court variance of compensation for a trustee’s attorney under s. 736.1007(6), and agreements between a settlor and an attorney for fees to be provided to a trustee under s. 736.1007(7). (aa) A trustee’s immunity from liability for a breach of trust under s. 736.1009 if the trustee relied on the trust instrument terms. (bb) Limitations on a trustee’s liability for acting without knowledge of relevant events under s. 736.1010. (cc) Limitations on a trustee’s exculpation of liability under the terms of a trust under s. 736.1011. (dd) The release of a trustee from liability with consent, the release or ratification of a beneficiary, and the limitations on such actions under s. 736.1012. (ee) Limitations on imposing liability on a trustee for obligations of a settlor under s. 736.1014. (2) If a person has not accepted a trust directorship under the terms of the trust or has accepted or declined a trusteeship under s. 736.0701 or a trustee, settlor, or a qualified beneficiary of the trust is uncertain whether such acceptance has occurred, a trustee, settlor, or a qualified beneficiary of the trust may make a written demand on a person designated to serve as a trust director, with a written copy to the trustees, to accept or confirm prior acceptance of the trust directorship in writing. A written acceptance, written acknowledgment of prior acceptance, or written declination of the trust directorship shall be delivered by the designated trust director within 60 days after receipt of such demand to all trustees, qualified beneficiaries, and the settlor if living. HISTORY: S. 27, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XV. • Fla. Stat. Title XLII, Ch. 736, Pt. XV

PART XV. COMMUNITY PROPERTY TRUST ACT. HISTORY: S. 28, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XV. •, • § 736.1501. » Fla. Stat. § 736.1501

§ 736.1501. Short title. This part may be cited as the “Community Property Trust Act.” HISTORY: S. 29, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XV. •, « § 736.1502. » Fla. Stat. § 736.1502

§ 736.1502. Definitions. Unless the context otherwise requires, as used in this part: (1) “Community property” means the property and the appreciation of and income from the property owned by a qualified trustee of a community property trust during the marriage of the settlor spouses. The property owned by a community property trust pursuant to this part and the appreciation of and income from such property shall be deemed to be community property for purposes of general law. (2) “Community property trust” means an express trust that complies with s. 736.1503 and is created on or after July 1, 2021. (3) “Decree” means a judgment or other order of a court of competent jurisdiction. (4) “Dissolution” means either: (a) Termination of a marriage by a decree of dissolution, divorce, annulment, or declaration of invalidity; or (b) Entry of a decree of legal separation maintenance by a court of competent jurisdiction in another state that recognizes legal separation or maintenance under its laws. (5) “During marriage” means a period that begins at marriage and ends upon the dissolution of marriage or upon the death of a spouse. (6) “Qualified trustee” means either: (a) A natural person who is a resident of the state; or (b) A company authorized to act as a trustee in the state. A qualified trustee’s powers include, but are not limited to, maintaining records for the trust on an exclusive or a nonexclusive basis and preparing or arranging for the preparation of, on an exclusive or a nonexclusive basis, any income tax returns that must be filed by the trust. (7) “Settlor spouses” means a married couple who establishes a community property trust pursuant to this part.

HISTORY: S. 30, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XV. •, « § 736.1503. » Fla. Stat. § 736.1503

§ 736.1503. Requirements for community property trust. An arrangement is a community property trust if one or both settlor spouses transfer property to a trust that: (1) Expressly declares that the trust is a community property trust within the meaning of this part. (2) Has at least one trustee who is a qualified trustee, provided that both spouses or either spouse also may be a trustee. (3) Is signed by both settlor spouses consistent with the formalities required for the execution of a trust under this chapter. (4) Contains substantially the following language in capital letters at the beginning of the community property trust agreement: THE CONSEQUENCES OF THIS COMMUNITY PROPERTY TRUST MAY BE VERY EXTENSIVE, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHTS WITH RESPECT TO CREDITORS AND OTHER THIRD PARTIES, AND YOUR RIGHTS WITH YOUR SPOUSE DURING THE COURSE OF YOUR MARRIAGE, AT THE TIME OF A DIVORCE, AND UPON THE DEATH OF YOU OR YOUR SPOUSE. ACCORDINGLY, THIS TRUST AGREEMENT SHOULD BE SIGNED ONLY AFTER CAREFUL CONSIDERATION. IF YOU HAVE ANY QUESTIONS ABOUT THIS TRUST AGREEMENT, YOU SHOULD SEEK COMPETENT AND INDEPENDENT LEGAL ADVICE. ALTHOUGH NOT A REQUIREMENT, IT IS STRONGLY ADVISABLE THAT EACH SPOUSE OBTAIN THEIR OWN SEPARATE LEGAL COUNSEL PRIOR TO THE EXECUTION OF THIS TRUST. HISTORY: S. 31, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XV. •, « § 736.1504. » Fla. Stat. § 736.1504

§ 736.1504. Agreement establishing community property trust; amendments and revocation. (1) In the agreement establishing a community property trust, the settlor spouses may agree upon: (a) The rights and obligations in the property transferred to the trust, notwithstanding when and where the property is acquired or located. (b) The management and control of the property transferred into the trust. (c) The disposition of the property transferred to the trust on dissolution, death, or the occurrence or nonoccurrence of another event, subject to ss. 736.1507 and 736.1508. (d) Whether the trust is revocable or irrevocable. (e) Any other matter that affects the property transferred to the trust and does not violate public policy or general law imposing a criminal penalty, or result in the property not being treated as community property under the laws of a relevant jurisdiction. (2) In the event of the death of a settlor spouse, the surviving spouse may amend a community property trust regarding the disposition of that spouse’s one-half share of the community property, regardless of whether the agreement provides that the community property trust is irrevocable. (3) A community property trust may be amended or revoked by the settlor spouses unless the agreement itself specifically provides that the community property trust is irrevocable. (4) Notwithstanding any other provision of this code, the settlor spouses shall be deemed to be the only qualified beneficiaries of a community property trust until the death of one of the settlor spouses, regardless of whether the trust is revocable or irrevocable. After the death of one of the settlor spouses, the surviving spouse shall be deemed to be the only qualified beneficiary as to his or her share of the community property trust. HISTORY:

S. 32, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XV. •, « § 736.1505. » Fla. Stat. § 736.1505

§ 736.1505. Classification of property as community property; enforcement; duration; management and control; effect of distributions. (1) An obligation incurred by both spouses during the marriage may be satisfied from a community property trust of the settlor spouses. (2) A community property trust is enforceable without consideration. (3) All property owned by a community property trust is community property under the laws of the state during the marriage of the settlor spouses. (4) The right to manage and control property that is transferred to a community property trust is determined by the terms of the trust agreement. (5) When property is distributed from a community property trust, the property shall no longer constitute community property within the meaning of this part, provided that community property as classified by a jurisdiction other than the state retains its character as community property to the extent otherwise provided by ss. 732.216-732.228. HISTORY: S. 33, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XV. •, « § 736.1506. » Fla. Stat. § 736.1506

§ 736.1506. Satisfaction of obligations. Except as provided in s. 4, Art. X of the State Constitution: (1) An obligation solely incurred by one settlor spouse before or during the marriage may be satisfied from that settlor spouse’s one-half share of a community property trust, unless a greater amount is otherwise provided in the community property trust agreement. (2) An obligation incurred by both spouses during the marriage may be satisfied from a community property trust of the settlor spouses. HISTORY: S. 34, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XV. •, « § 736.1507. » Fla. Stat. § 736.1507

§ 736.1507. Death of a spouse. Upon the death of a spouse, one-half of the aggregate value of the property held in a community property trust established by the settlor spouses reflects the share of the surviving spouse and is not subject to testamentary disposition by the decedent spouse or distribution under the laws of succession of the state. The other one-half of the value of that property reflects the share of the decedent spouse and is subject to testamentary disposition or distribution under the laws of succession of the state. Unless provided otherwise in the community property trust agreement, the trustee has the power to distribute assets of the trust in divided or undivided interests and to adjust resulting differences in valuation. A distribution in kind may be made on the basis of a non-pro rata division of the aggregate value of the trust assets, on the basis of a pro rata division of each individual asset, or by using both methods. The decedent’s spouse’s one-half share shall not be included in the elective estate. HISTORY: S. 35, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XV. •, « § 736.1508. » Fla. Stat. § 736.1508

§ 736.1508. Dissolution of marriage. (1) Upon the dissolution of the marriage of the settlor spouses, the community property trust shall terminate and the trustee shall distribute one-half of the trust assets to each spouse in accordance with subsection (3). For purposes of this act, s. 61.075 does not apply to the disposition of the assets and liabilities held in a community property trust. (2) The initiation of an action to dissolve the settlor spouses’ marriage does not automatically terminate the community property trust unless otherwise agreed to by the settlor spouses in writing or otherwise ordered by the court having jurisdiction over the dissolution proceedings between the settlor spouses. However, if an action to dissolve the settlor spouses’ marriage remains pending for 180 days, the trust automatically terminates and the trustee must distribute one-half of the trust assets to each spouse in accordance with subsection (3), unless any of the following apply: (a) A settlor spouse objects to the termination within 180 days following the filing of the dissolution action. At which time, either party may request that the court having jurisdiction over the dissolution proceedings between the settlor spouses determine if good cause exists to terminate the community property trust during the pendency of the dissolution of marriage action. (b) The court having jurisdiction over the dissolution proceedings between the settlor spouses enters an order directing otherwise. (c) The settlor spouses otherwise agree, in writing, while the dissolution of marriage action is pending. (d) The community property trust agreement provides otherwise. (3) Unless provided otherwise in the community property trust agreement, the trustee has the power to distribute assets of the trust in divided or undivided interests and to adjust resulting differences in valuation. A distribution in kind may be made on the basis of a non-pro rata division of the aggregate value of the trust assets, on the basis of a pro rata division of each individual asset, or by using both methods. A trustee may not distribute real property or business interests in a manner that

would leave the settlor spouses as co-owners of such assets post dissolution of the settlor spouses’ marriage or termination of the community property trust, unless otherwise agreed to by the settlor spouses in a separate written agreement executed during the dissolution of marriage action. Notwithstanding any other provision of this section, the community property trust agreement cannot be terminated, and the assets cannot be distributed, in a manner that could cause the trust assets to not be treated as community property. (4) The court having jurisdiction over the dissolution proceedings between the settlor spouses has personal and subject matter jurisdiction over the settlor spouses and the trustee of the community property trust for the purpose of effectuating the distribution of the community property trust assets consistent with the terms of the community property trust agreement, in a manner ensuring that the trust assets retain their community property character. HISTORY: S. 36, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XV. •, « § 736.1509. » Fla. Stat. § 736.1509

§ 736.1509. Right of child to support. A community property trust does not adversely affect the right of a child of the settlor spouses to support, pursuant to s. 61.30 or the applicable law of another jurisdiction, that either spouse would be required to give under the applicable laws of the settlor spouses’ state of domicile. HISTORY: S. 37, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XV. •, « § 736.151. » Fla. Stat. § 736.151

§ 736.151. Homestead property. (1) Property that is transferred to or acquired subject to a community property trust may continue to qualify or may initially qualify as the settlor spouses’ homestead within the meaning of s. 4(a)(1), Art. X of the State Constitution and for all purposes of general law, provided that the property would qualify as the settlor spouses’ homestead if title was held in one or both of the settlor spouses’ individual names. (2) The settlor spouses shall be deemed to have beneficial title in equity to the homestead property held subject to a community property trust for all purposes, including for purposes of s. 196.031. HISTORY: S. 38, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XV. •, « § 736.1511. » Fla. Stat. § 736.1511

§ 736.1511. Application of Internal Revenue Code; community property classified by another jurisdiction. For purposes of the application of s. 1014(b)(6) of the Internal Revenue Code of 1986, 26 U.S.C. s. 1014(b)(6), as of January 1, 2021, a community property trust is considered a trust established under the community property laws of the state. Community property, as classified by a jurisdiction other than this state, which is transferred to a community property trust retains its character as community property while in the trust. If the trust is revoked and property is transferred on revocation of the trust, the community property as classified by a jurisdiction other than the state retains its character as community property to the extent otherwise provided by ss. 732.216-732.228. HISTORY: S. 39, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 736. », « Pt. XV. •, « § 736.1512. • Fla. Stat. § 736.1512

§ 736.1512. Unenforceable trusts. (1) A community property trust executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that: (a) The trust was unconscionable when made; (b) The spouse against whom enforcement is sought did not execute the community property trust agreement voluntarily; (c) The community property trust agreement was the product of fraud, duress, coercion, or overreaching; or (d) Before execution of the community property trust agreement, the spouse against whom enforcement is sought: 1. Was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse. 2. Did not voluntarily sign a written waiver expressly waiving right to disclosure of the property and financial obligations of the other spouse beyond the disclosure provided. 3. Did not have notice of the property or financial obligations of the other spouse. (2) Whether a community property trust is unconscionable shall be determined by a court as a matter of law. (3) A community property trust may not be deemed unenforceable solely on the fact that the settlor spouses did not have separate legal representation when executing the community property trust agreement. HISTORY: S. 40, ch. 2021-183, effective July 1, 2021.

« Title XLII. », « Ch. 737. » Fla. Stat. Title XLII, Ch. 737

CHAPTER 737. TRUST ADMINISTRATION [REPEALED]. « Title XLII. », « Ch. 738. » Fla. Stat. Title XLII, Ch. 738

CHAPTER 738. PRINCIPAL AND INCOME. « Title XLII. », « Ch. 738. », • § 738.101. » Fla. Stat. § 738.101

§ 738.101. Short title. This chapter may be cited as the “Florida Uniform Principal and Income Act.” HISTORY: S. 1, ch. 2002-42.

« Title XLII. », « Ch. 738. », « § 738.102. » Fla. Stat. § 738.102

§ 738.102. Definitions. As used in this chapter, the term: (1) “Accounting period” means a calendar year unless another 12-month period is selected by a fiduciary. The term includes a portion of a calendar year or other 12-month period that begins when an income interest begins or ends when an income interest ends. (2) “Beneficiary” means, in the case of a decedent’s estate, an heir or devisee and, in the case of a trust, an income beneficiary or a remainder beneficiary. (3) “Carrying value” means the fair market value at the time the assets are received by the fiduciary. For the estates of decedents and trusts described in s. 733.707(3), after the grantor’s death, the assets are considered received as of the date of death. If there is a change in fiduciaries, a majority of the continuing fiduciaries may elect to adjust the carrying values to reflect the fair market value of the assets at the beginning of their administration. If such election is made, it must be reflected on the first accounting filed after the election. For assets acquired during the administration of the estate or trust, the carrying value is equal to the acquisition costs of the asset. (4) “Fiduciary” means a personal representative or a trustee. The term includes an executor, administrator, successor personal representative, special administrator, or a person performing substantially the same function. (5) “Income” means money or property that a fiduciary receives as current return from a principal asset. The term includes a portion of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in ss. 738.401-738.403 and s. 738.503. (6) “Income beneficiary” means a person to whom net income of a trust is or may be payable. (7) “Income interest” means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require the

net income to be distributed or authorize the net income to be distributed in the trustee’s discretion. (8) “Mandatory income interest” means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute. (9) “Net income” means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this chapter to or from income during the period. (10) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, or any other legal or commercial entity or a government or governmental subdivision, agency, or instrumentality. (11) “Principal” means property held in trust for distribution to a remainder beneficiary when the trust terminates. (12) “Remainder beneficiary” means a person entitled to receive principal when an income interest ends. (13) “Terms of a trust” means the manifestation of the intent of a grantor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct. (14) “Trustee” includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. HISTORY: S. 1, ch. 2002-42; s. 2, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.103. » Fla. Stat. § 738.103

§ 738.103. Fiduciary duties; general principles. (1) In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of ss. 738.201 and 738.202 and ss. 738.301-738.303, a fiduciary: (a) Shall administer a trust or estate in accordance with the terms of the trust or the will, even if there is a different provision in this chapter. (b) May administer a trust or estate by the exercise of a discretionary power of administration given to the fiduciary by the terms of the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by this chapter. (c) Shall administer a trust or estate in accordance with this chapter if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration. (d) Shall add a receipt or charge a disbursement to principal to the extent the terms of the trust and this chapter do not provide a rule for allocating the receipt or disbursement to or between principal and income. (2) In exercising the power to adjust under s. 738.104(1) or a discretionary power of administration regarding a matter within the scope of this chapter, whether granted by the terms of a trust, a will, or this chapter, a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent the terms of the trust or the will clearly manifest an intention that the fiduciary shall or may favor one or more of the beneficiaries. A determination in accordance with this chapter is presumed to be fair and reasonable to all of the beneficiaries. (3) Except as provided in s. 738.1041(9), this chapter pertains to the administration of a trust and is applicable to any trust that is administered in this state or under its law. This chapter also applies to any estate that is administered in this state unless the provision is limited in application to a trustee, rather than a fiduciary.

HISTORY: S. 1, ch. 2002-42; s. 3, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.104. » Fla. Stat. § 738.104

§ 738.104. Trustee’s power to adjust. (1) A trustee may adjust between principal and income to the extent the trustee considers necessary if the trustee invests and manages trust assets as a prudent investor, the terms of the trust describe the amount that may or shall be distributed to a beneficiary by referring to the trust’s income, and the trustee determines, after applying the rules in s. 738.103(1), that the trustee is unable to comply with s. 738.103(2). (2) In deciding whether and to what extent to exercise the power conferred by subsection (1), a trustee shall consider all factors relevant to the trust and its beneficiaries, including the following factors to the extent they are relevant: (a) The nature, purpose, and expected duration of the trust. (b) The intent of the grantor. (c) The identity and circumstances of the beneficiaries. (d) The needs for liquidity, regularity of income, and preservation and appreciation of capital. (e) The assets held in the trust; the extent to which the assets consist of financial assets, interests in closely held enterprises, tangible and intangible personal property, or real property; the extent to which an asset is used by a beneficiary; and whether an asset was purchased by the trustee or received from the grantor. (f) The net amount allocated to income under the other sections of this chapter and the increases or decreases in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available. (g) Whether and to what extent the terms of the trust give the trustee the power to invade principal or accumulate income or prohibit the trustee from invading principal or accumulating income and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income.

(h) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation. (i) The anticipated tax consequences of an adjustment. (3) A trustee may not make an adjustment: (a) That reduces the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a gift tax exclusion; (b) That changes the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets; (c) From any amount that is permanently set aside for charitable purposes under a will or the terms of a trust unless both income and principal are so set aside; (d) If possessing or exercising the power to adjust causes an individual to be treated as the owner of all or part of the trust for income tax purposes and the individual would not be treated as the owner if the trustee did not possess the power to adjust; (e) If possessing or exercising the power to adjust causes all or part of the trust assets to be included for estate tax purposes in the estate of an individual who has the power to remove a trustee or appoint a trustee, or both, and the assets would not be included in the estate of the individual if the trustee did not possess the power to adjust; (f) If the trustee is a beneficiary of the trust; or (g) If the trustee is not a beneficiary of the trust but the adjustment would benefit the trustee directly or indirectly, except that in the case of a trustee whose compensation for acting as trustee is based upon the value of trust assets, an adjustment that affects the value of trust assets shall not be deemed to benefit the trustee. (4) If paragraph (3)(d), paragraph (3)(e), paragraph (3)(f), or paragraph (3)(g) applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee is not permitted by the terms of the trust.

(5) A trustee may release the entire power to adjust conferred by subsection (1) or may release only the power to adjust from income to principal or the power to adjust from principal to income if the trustee is uncertain about whether possessing or exercising the power will cause a result described in paragraphs (3)(a)-(e) or paragraph (3)(g) or if the trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection (3). A release under this subsection may be permanent or for a specified period, including a period measured by the life of an individual. (6) Terms of a trust that limit a trustee’s power to adjust between principal and income do not affect the application of this section unless it is clear from the terms of the trust that the terms are intended to deny the trustee the power to adjust conferred by subsection (1). (7) Nothing in this chapter is intended to create or imply a duty to make an adjustment and no inference of impropriety shall be made as a result of a trustee not exercising the power to adjust conferred by subsection (1). (8) With respect to a trust in existence on January 1, 2003: (a) A trustee shall not have the power to adjust under this section until the statement required in subsection (9) is provided and either no objection is made or any objection which is made has been terminated. 1. An objection is made if, within 60 days after the date of the statement required in subsection (9), a super majority of the eligible beneficiaries deliver to the trustee a written objection to the application of this section to such trust. An objection shall be deemed to be delivered to the trustee on the date the objection is mailed to the mailing address listed in the notice provided in subsection (9). 2. An objection is terminated upon the earlier of the receipt of consent from a super majority of eligible beneficiaries of the class that made the objection, or the resolution of the objection pursuant to paragraph (c). (b) An objection or consent under this section may be executed by a legal representative or natural guardian of a beneficiary without the filing of any proceeding or approval of any court. (c) If an objection is delivered to the trustee, then the trustee may petition the circuit court for an order quashing the objection and vesting in such

trustee the power to adjust under this section. The burden will be on the objecting beneficiaries to prove that the power to adjust would be inequitable, illegal, or otherwise in contravention of the grantor’s intent. The court may award costs and attorney’s fees relating to the trustee’s petition in the same manner as in chancery actions. When costs and attorney’s fees are to be paid out of the trust, the court may, in its discretion, direct from which part of the trust they shall be paid. (d) If no timely objection is made or if the trustee is vested with the power to adjust by court order, the trustee may thereafter exercise the power to adjust without providing notice of its intent to do so unless, in vesting the trustee with the power to adjust, the court determines that unusual circumstances require otherwise. (e)1. If a trustee makes a good faith effort to comply with the notice provisions of subsection (9), but fails to deliver notice to one or more beneficiaries entitled to such notice, neither the validity of the notice required under this subsection nor the trustee’s power to adjust under this section shall be affected until the trustee has actual notice that one or more beneficiaries entitled to notice were not notified. Until the trustee has actual notice of the notice deficiency, the trustee shall have all of the powers and protections granted a trustee with the power to adjust under this chapter. 2. When the trustee has actual notice that one or more beneficiaries entitled to notice under subsection (9) were not notified, the trustee’s power to adjust under this section shall cease until all beneficiaries who are entitled to such notice, including those who were previously provided with such notice, are notified and given the opportunity to object as provided for under this subsection. (f) The objection of a super majority of eligible beneficiaries under this subsection shall be valid for a period of 1 year after the date of the notice set forth in subsection (9). Upon expiration of the objection, the trustee may thereafter give a new notice under subsection (9). (g) Nothing in this section is intended to create or imply a duty of the trustee of a trust existing on January 1, 2003, to seek a power to adjust pursuant to this subsection or to give the notice described in subsection (9) if the trustee does not desire to have a power to adjust under this section, and no

inference of impropriety shall be made as the result of a trustee not seeking a power to adjust pursuant to this subsection. (9)(a) A trustee of a trust in existence on January 1, 2003, that is not prohibited under subsection (3) from exercising the power to adjust shall, any time prior to initially exercising the power, provide to all eligible beneficiaries a statement containing the following: 1. The name, telephone number, street address, and mailing address of the trustee and of any individuals who may be contacted for further information; 2. A statement that unless a super majority of the eligible beneficiaries objects to the application of this section to the trust within 60 days after the date the statement pursuant to this subsection was served, this section shall apply to the trust; and 3. A statement that, if this section applies to the trust, the trustee will have the power to adjust between income and principal and that such a power may have an effect on the distributions to such beneficiary from the trust. (b) The statement may contain information regarding a trustee’s fiduciary obligations with respect to the power to adjust between income and principal under this section. (c) The statement referred to in this subsection shall be served informally, in the manner provided in the Florida Rules of Civil Procedure relating to service of pleadings subsequent to the initial pleading. The statement may be served on a legal representative or natural guardian of a beneficiary without the filing of any proceeding or approval of any court. (d) For purposes of subsection (8) and this subsection, the term: 1. “Eligible beneficiaries” means: a. If at the time the determination is made there are one or more beneficiaries described in s. 736.0103(19)(c), the beneficiaries described in s. 736.0103(19)(a) and (c); or b. If there is no beneficiary described in s. 736.0103(19)(c), the beneficiaries described in s. 736.0103(19)(a) and (b). 2. “Super majority of the eligible beneficiaries” means: a. If at the time the determination is made there are one or more

beneficiaries described in s. 736.0103(19)(c), at least two-thirds in interest of the beneficiaries described in s. 736.0103(19)(a) or two-thirds in interest of the beneficiaries described in s. 736.0103(19)(c), if the interests of the beneficiaries are reasonably ascertainable; otherwise, it means two-thirds in number of either such class; or b. If there is no beneficiary described in s. 736.0103(19)(c), at least twothirds in interest of the beneficiaries described in s. 736.0103(19)(a) or twothirds in interest of the beneficiaries described in s. 736.0103(19)(b), if the interests of the beneficiaries are reasonably ascertainable, otherwise, twothirds in number of either such class. (10) A trust exists on January 1, 2003, if it is not revocable on January 1, 2003. A trust is revocable if revocable by the grantor alone or in conjunction with any other person. A trust is not revocable for purposes of this section if revocable by the grantor only with the consent of all persons having a beneficial interest in the property. HISTORY: S. 1, ch. 2002-42; s. 1, ch. 2003-43; s. 5, ch. 2005-85; s. 40, ch. 2006-217, eff. July 1, 2007; s. 4, ch. 2012-49, eff. Jan. 1, 2013; s. 20, ch. 2013-172, eff. Oct. 1, 2013; s. 43, ch. 2021-183, effective July 1, 2021. Applicability. Section 5, ch. 2003-43, provides: “This act shall take effect upon becoming a law and shall apply retroactively to January 1, 2003.”

« Title XLII. », « Ch. 738. », « § 738.1041. » Fla. Stat. § 738.1041

§ 738.1041. Total return unitrust. (1) For purposes of this section, the term: (a) “Average fair market value” means the average of the fair market values of assets held by the trust at the beginning of the current and each of the 2 preceding years, or for the entire term of the trust if there are less than 2 preceding years, and adjusted as follows: 1. If assets have been added to the trust during the years used to determine the average, the amount of each addition is added to all years in which such addition was not included. 2. If assets have been distributed from the trust during the years used to determine the average, other than in satisfaction of the unitrust amount, the amount of each distribution is subtracted from all years in which such distribution was not included. (b) “Disinterested person” means a person who is not a related or subordinate party with respect to the person acting as trustee of the trust and excludes the grantor and any interested trustee. (c) “Fair market value” means the fair market value of the assets held by the trust as otherwise determined under this chapter, reduced by all known noncontingent liabilities. (d) “Income trust” means a trust, created by an inter vivos or a testamentary instrument, which directs or permits the trustee to distribute the net income of the trust to one or more persons, in fixed proportions or in amounts or proportions determined by the trustee and regardless of whether the trust directs or permits the trustee to distribute the principal of the trust to one or more such persons. (e) “Interested distributee” means a person to whom distributions of income or principal can currently be made and who has the power to remove the existing trustee and designate as successor a person who may be a related or subordinate party with respect to such distributee. (f) “Interested trustee” means an individual trustee to whom the net income

or principal of the trust can currently be distributed or would be distributed if the trust were then to terminate and be distributed, any trustee whom an interested distributee has the power to remove and replace with a related or subordinate party, or an individual trustee whose legal obligation to support a beneficiary may be satisfied by distributions of income and principal of the trust. (g) “Related or subordinate party” has the same meaning as provided in the Internal Revenue Code, 26 U.S.C. s. 672(c) or any successor provision thereof. (h) “Unitrust amount” means the amount determined by multiplying the average fair market value of the assets as calculated in paragraph (a) by the percentage calculated under paragraph (2)(b). (2) A trustee may, without court approval, convert an income trust to a total return unitrust, reconvert a total return unitrust to an income trust, or change the percentage used to calculate the unitrust amount or the method used to determine the fair market value of the trust if: (a) The trustee adopts a written statement regarding trust distributions which provides: 1. In the case of a trust being administered as an income trust, that future distributions from the trust will be unitrust amounts rather than net income, and indicates the manner in which the unitrust amount will be calculated and the method in which the fair market value of the trust will be determined. 2. In the case of a trust being administered as a total return unitrust, that: a. Future distributions from the trust will be net income rather than unitrust amounts; or b. The percentage used to calculate the unitrust amount or the method used to determine the fair market value of the trust will be changed, and indicates the manner in which the new unitrust amount will be calculated and the method in which the new fair market value of the trust will be determined; (b) The trustee determines the terms of the unitrust under one of the following methods: 1. A disinterested trustee determines, or if there is no trustee other than an interested trustee, the interested trustee appoints a disinterested person who,

in its sole discretion but acting in a fiduciary capacity, determines for the interested trustee: a. The percentage to be used to calculate the unitrust amount, provided the percentage used is not greater than 5 percent nor less than 3 percent; b. The method to be used in determining the fair market value of the trust; and c. Which assets, if any, are to be excluded in determining the unitrust amount; or 2. The interested trustee or disinterested trustee administers the trust such that: a. The percentage used to calculate the unitrust amount is 50 percent of the rate as defined in the Internal Revenue Code, 26 U.S.C. s. 7520, in effect for the month the conversion under this section becomes effective and for each January thereafter; however, if the percentage calculated exceeds 5 percent, the unitrust percentage is 5 percent and if the percentage calculated is less than 3 percent, the unitrust percentage is 3 percent; and b. The fair market value of the trust shall be determined at least annually on an asset-by-asset basis, reasonably and in good faith, in accordance with s. 738.202(5), except the following property shall not be included in determining the value of the trust: (I) Any residential property or any tangible personal property that, as of the first business day of the current valuation year, one or more current beneficiaries of the trust have or have had the right to occupy, or have or have had the right to possess or control, other than in his or her capacity as trustee of the trust, and instead the right of occupancy or the right to possession and control is the unitrust amount with respect to such property; however, the unitrust amount must be adjusted to take into account partial distributions from or receipt into the trust of such property during the valuation year; (II) Any asset specifically given to a beneficiary and the return on investment on such property, which return on investment shall be distributable to the beneficiary; or (III) Any asset while held in a decedent’s estate;

(c) The trustee sends written notice of its intention to take such action, along with copies of the written statement regarding trust distributions and this section, and, if applicable, the determinations of the trustee or the disinterested person to: 1. The grantor of the trust, if living. 2. All living persons who are currently receiving or eligible to receive distributions of income from the trust. 3. All living persons who would receive distributions of principal of the trust if the trust were to terminate at the time of giving such notice without regard to the exercise of any power of appointment, or, if the trust does not provide for its termination, all living persons who would receive or be eligible to receive distributions of income or principal of the trust if the persons identified in subparagraph 2. were deceased. 4. All persons acting as advisers or protectors of the trust. Notice under this paragraph shall be served informally in the manner provided in the Florida Rules of Civil Procedure relating to service of pleadings subsequent to the initial pleading. Notice may be served on a legal representative or natural guardian of a person without filing any proceeding or approval of any court; (d) At least one person receiving notice under each of subparagraphs (c)2. and 3. is legally competent; and (e) No person receiving such notice objects, by written instrument delivered to the trustee, to the proposed action of the trustee or the determinations of the disinterested person within 60 days after service of such notice. An objection may be executed by a legal representative or natural guardian of a person without filing any proceeding or approval of any court. (3) If a trustee desires to convert an income trust to a total return unitrust, reconvert a total return unitrust to an income trust, or change the percentage used to calculate the unitrust amount or the method used to determine a fair market value of the trust but does not have the ability to or elects not to do it under subsection (2), the trustee may petition the circuit court for such order as the trustee deems appropriate. In that event, the court, in its own discretion or on the petition of such trustee or any person having an income or remainder interest in the trust, may appoint a

disinterested person who, acting in a fiduciary capacity, shall present such information to the court as is necessary for the court to make a determination hereunder. (4) Following the conversion of an income trust to a total return unitrust, the trustee: (a) Shall treat the unitrust amount as if it were net income of the trust for purposes of determining the amount available, from time to time, for distribution from the trust. (b) May allocate to trust income for each taxable year of the trust, or portion thereof: 1. Net short-term capital gain described in the Internal Revenue Code, 26 U.S.C. s. 1222(5), for such year, or portion thereof, but only to the extent that the amount so allocated together with all other amounts allocated to trust income, as determined under the provisions of this chapter without regard to this section and s. 738.104, for such year, or portion thereof, does not exceed the unitrust amount for such year, or portion thereof. 2. Net long-term capital gain described in the Internal Revenue Code, 26 U.S.C. s. 1222(7), for such year, or portion thereof, but only to the extent that the amount so allocated together with all other amounts, including amounts described in subparagraph 1., allocated to trust income for such year, or portion thereof, does not exceed the unitrust amount for such year, or portion thereof. (5) In administering a total return unitrust, the trustee may, in its sole discretion but subject to the provisions of the governing instrument, determine: (a) The effective date of the conversion. (b) The timing of distributions, including provisions for prorating a distribution for a short year in which a beneficiary’s right to payments commences or ceases. (c) Whether distributions are to be made in cash or in kind or partly in cash and partly in kind. (d) If the trust is reconverted to an income trust, the effective date of such reconversion.

(e) Such other administrative issues as may be necessary or appropriate to carry out the purposes of this section. (6) Conversion to a total return unitrust under this section does not affect any other provision of the governing instrument, if any, regarding distributions of principal. (7) Any trustee or disinterested person who in good faith takes or fails to take any action under this section is not liable to any person affected by such action or inaction, regardless of whether such person received written notice as provided in this section or such person was under a legal disability at the time of the delivery of such notice. Such person’s exclusive remedy is to obtain, under subsection (8), an order of the court directing the trustee to convert an income trust to a total return unitrust, to reconvert from a total return unitrust to an income trust, or to change the percentage used to calculate the unitrust amount. If a court determines that the trustee or disinterested person has not acted in good faith in taking or failing to take any action under this section, s. 738.105(3) applies. (8) If a majority in interest of the income or remainder beneficiaries of an income trust has delivered to the trustee a written objection to the amount of the income distributions of the trust, and, if the trustee has failed to resolve the objection to the satisfaction of the objecting beneficiaries within 6 months after receipt of such written objection, the objecting beneficiaries may petition the court in accordance with subsection (3). (9) This section pertains to the administration of a trust and is applicable to any trust that is administered in this state or under Florida law unless: (a) The governing instrument reflects an intention that the current beneficiary or beneficiaries are to receive an amount other than a reasonable current return from the trust; (b) The trust is a trust described in the Internal Revenue Code, 26 U.S.C. s. 170(f)(2)(B), s. 642(c)(5), s. 664(d), s. 2702(a)(3), or s. 2702(b); (c) One or more persons to whom the trustee could distribute income have a power of withdrawal over the trust: 1. That is not subject to an ascertainable standard under the Internal Revenue Code, 26 U.S.C. s. 2041 or s. 2514, and exceeds in any calendar year the amount set forth in the Internal Revenue Code, 26 U.S.C. s. 2041(b)

(2) or s. 2514(e); or 2. A power of withdrawal over the trust that can be exercised to discharge a duty of support he or she possesses; or (d) The governing instrument expressly prohibits use of this section by specific reference to the section. A provision in the governing instrument that, “The provisions of section 738.1041, Florida Statutes, as amended, or any corresponding provision of future law, may not be used in the administration of this trust,” or similar words reflecting such intent are sufficient to preclude the use of this section. (10) The grantor of a trust may create an express total return unitrust that will be effective as provided in the trust instrument without requiring a conversion under this section. (a) An express total return unitrust created by the grantor of the trust is treated as a unitrust only if the terms of the trust instrument contain all of the following provisions: 1. That distributions from the trust will be unitrust amounts and the manner in which the unitrust amount will be calculated; and 2. The percentage to be used to calculate the unitrust amount, provided the percentage used is not greater than 5 percent nor less than 3 percent. (b) The trust instrument may also contain provisions specifying: 1. The method to be used in determining the fair market value of the trust, including whether to use an average fair market value or the fair market value of the assets held by the trust at the beginning of the current year; or 2. Which assets, if any, are to be excluded in determining the unitrust amount. (c) This section establishes the method of determining the fair market value of the trust if the trust instrument is silent as to subparagraph (b)1., and to specify those assets, if any, which are to be excluded in determining the unitrust amount if the trust instrument is silent as to subparagraph (b)2. HISTORY: S. 1, ch. 2002-42; s. 2, ch. 2003-43; s. 6, ch. 2005-85; s. 41, ch. 2006-217,

eff. July 1, 2007; s. 5, ch. 2012-49, eff. Jan. 1, 2013. Editor’s notes. The references to sections of the Internal Revenue Code, referred to in this section, are codified throughout Title 26 of the U.S.C.S. Applicability. Section 5, ch. 2003-43, provides: “This act shall take effect upon becoming a law and shall apply retroactively to January 1, 2003.”

« Title XLII. », « Ch. 738. », « § 738.105. » Fla. Stat. § 738.105

§ 738.105. Judicial control of discretionary powers. (1) A court may not change a trustee’s decision to exercise or not to exercise a discretionary power conferred by this chapter unless the court determines that the decision was an abuse of the trustee’s discretion. A court may not determine that a trustee abused its discretion merely because the court would have exercised the discretion in a different manner or would not have exercised the discretion. (2) The decisions to which subsection (1) applies include: (a) A determination under s. 738.104(1) of whether and to what extent an amount should be transferred from principal to income or from income to principal. (b) A determination of the factors that are relevant to the trust and trust beneficiaries, the extent to which such factors are relevant, and the weight, if any, to be given to the relevant factors, in deciding whether and to what extent to exercise the power conferred by s. 738.104(1). (3) If a court determines that a trustee has abused its discretion, the remedy is to restore the income and remainder beneficiaries to the positions they would have occupied if the trustee had not abused its discretion, in accordance with the following: (a) To the extent the abuse of discretion has resulted in no distribution to a beneficiary or a distribution that is too small, the court shall require the trustee to distribute from the trust to the beneficiary an amount the court determines will restore the beneficiary, in whole or in part, to his or her appropriate position. (b) To the extent the abuse of discretion has resulted in a distribution to a beneficiary that is too large, the court shall restore the beneficiaries, the trust, or both, in whole or in part, to their appropriate positions by requiring the trustee to withhold an amount from one or more future distributions to the beneficiary who received the distribution that was too large or requiring that beneficiary to return some or all of the distribution to the trust. (c) To the extent the court is unable, after applying paragraphs (a) and (b),

to restore the beneficiaries or the trust, or both, to the positions they would have occupied if the trustee had not abused its discretion, the court may require the trustee to pay an appropriate amount from its own funds to one or more of the beneficiaries or the trust or both. (4) Upon the filing of a petition by the trustee, the court having jurisdiction over the trust shall determine whether a proposed exercise or nonexercise by the trustee of a discretionary power conferred by this chapter will result in an abuse of the trustee’s discretion. If the petition describes the proposed exercise or nonexercise of the power and contains sufficient information to inform the beneficiaries of the reasons for the proposal, the facts upon which the trustee relies, and an explanation of how the income and remainder beneficiaries will be affected by the proposed exercise or nonexercise of the power, a beneficiary who challenges the proposed exercise or nonexercise has the burden of establishing that such exercise or nonexercise will result in an abuse of discretion. (5) If an action is instituted alleging an abuse of discretion in the exercise or nonexercise of the power of adjustment conferred by s. 738.104(1) and the court determines that no abuse of discretion has occurred, the trustee’s costs and attorney’s fees incurred in defending the action shall be paid from the trust assets. HISTORY: S. 1, ch. 2002-42; s. 6, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.201. » Fla. Stat. § 738.201

§ 738.201. Determination and distribution of net income. After a decedent dies, in the case of an estate, or after an income interest in a trust ends, the following rules apply: (1) A fiduciary of an estate or of a terminating income interest shall determine the amount of net income and net principal receipts received from property specifically given to a beneficiary under ss. 738.301738.706 and subsection (5). The fiduciary shall distribute the net income and net principal receipts to the beneficiary who is to receive the specific property. (2) A fiduciary shall determine the remaining net income of a decedent’s estate or a terminating income interest under ss. 738.301-738.706 and by: (a) Including in net income all income from property used to discharge liabilities. (b) Paying from income or principal, in the fiduciary’s discretion, fees of attorneys, accountants, and fiduciaries; court costs and other expenses of administration; and interest on death taxes. The fiduciary may pay those expenses from income of property passing to a trust for which the fiduciary claims an estate tax marital or charitable deduction under the Internal Revenue Code or comparable law of any state only to the extent the payment of those expenses from income will not cause the reduction or loss of the deduction. (c) Paying from principal all other disbursements made or incurred in connection with the settlement of a decedent’s estate or the winding up of a terminating income interest, including debts, funeral expenses, disposition of remains, family allowances, and death taxes and related penalties that are apportioned to the estate or terminating income interest by the will, the terms of the trust, or applicable law. (3) If a beneficiary who receives a pecuniary devise outright is also entitled to receive interest or any other amount on the devise under the terms of the will or trust, the fiduciary shall distribute the interest or other amount from net income determined under subsection (2) or from principal

to the extent net income is insufficient. (4) A fiduciary shall distribute the net income remaining after distributions required under subsections (1)-(3) in the manner described in s. 738.202 to all other beneficiaries, including a beneficiary who receives a pecuniary amount in trust, even if the beneficiary holds an unqualified power to withdraw assets from the trust or other presently exercisable general power of appointment over the trust. (5) A fiduciary may not reduce principal or income receipts from property described in subsection (1) because of a payment described in s. 738.701 or s. 738.702 to the extent the will, the terms of the trust, or applicable law requires the fiduciary to make the payment from assets other than the property or to the extent the fiduciary recovers or expects to recover the payment from a third party. The net income and principal receipts from the property are determined by including all of the amounts the fiduciary receives or pays with respect to the property, whether those amounts accrued or became due before, on, or after the date of a decedent’s death or an income interest’s terminating event, and by making a reasonable provision for amounts the fiduciary believes the estate or terminating income interest may become obligated to pay after the property is distributed. HISTORY: S. 1, ch. 2002-42; s. 7, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.202. » Fla. Stat. § 738.202

§ 738.202. Distribution to residuary and remainder beneficiaries. (1) Each beneficiary described in s. 738.201(4) is entitled to receive a portion of the net income remaining after the application of s. 738.201(1)(3), which is equal to the beneficiary’s fractional interest in undistributed principal assets, using carrying values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to whom this section applies, each beneficiary, including one who does not receive part of the distribution, is entitled, as of each distribution date, to the net income the fiduciary received after the date of death or terminating event or earlier distribution date but has not distributed as of the current distribution date. (2) In determining a beneficiary’s share of net income, the following applies: (a) The beneficiary is entitled to receive a portion of the net income equal to the beneficiary’s fractional interest in the carrying value of the undistributed principal assets immediately before the distribution date, excluding the amount of unpaid liabilities. (b) The beneficiary’s fractional interest in the undistributed principal assets shall be calculated: 1. At the time the interest began and adjusted for any disproportionate distributions since the interest began; 2. By excluding any liabilities of the estate or trust from the calculation; 3. By also excluding property specifically given to a beneficiary and property required to pay pecuniary amounts not in trust; and 4. On the basis of the aggregate carrying value of those assets determined under subsection (1) as of the distribution date. (c) If a disproportionate distribution of principal is made to any beneficiary, the respective fractional interests of all beneficiaries in the remaining underlying assets shall be recomputed by: 1. Adjusting the carrying value of the principal assets to their fair market

value before the distribution; 2. Reducing the fractional interest of the recipient of the disproportionate distribution in the remaining principal assets by the fair market value of the principal distribution; and 3. Recomputing the fractional interests of all beneficiaries in the remaining principal assets based upon the now restated carrying values. (3) If a fiduciary does not distribute all of the collected but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income. (4) A fiduciary may apply the provisions of this section, to the extent the fiduciary considers appropriate, to net gain or loss realized after the date of death or terminating event or earlier distribution date from the disposition of a principal asset if this section applies to the income from the asset. (5) The carrying value or fair market value of trust assets shall be determined on an asset-by-asset basis and is conclusive if reasonable and determined in good faith. Determinations of fair market value based on appraisals performed within 2 years before or after the valuation date are presumed reasonable. The values of trust assets are conclusively presumed to be reasonable and determined in good faith unless proven otherwise in a proceeding commenced by or on behalf of a person interested in the trust within the time provided in s. 736.1008. (6) All distributions to a beneficiary shall be valued based on their fair market value on the date of distribution. HISTORY: S. 1, ch. 2002-42; s. 3, ch. 2003-43; s. 42, ch. 2006-217, eff. July 1, 2007; s. 8, ch. 2012-49, eff. Jan. 1, 2013. Applicability. Section 5, ch. 2003-43, provides: “This act shall take effect upon becoming a law and shall apply retroactively to January 1, 2003.”

« Title XLII. », « Ch. 738. », « § 738.301. » Fla. Stat. § 738.301

§ 738.301. When right to income begins and ends. An income beneficiary is entitled to net income from the date on which the income interest begins. (1) An income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income interest. (2) An asset becomes subject to a trust: (a) On the date the asset is transferred to the trust in the case of an asset that is transferred to a trust during the transferor’s life; (b) On the date of a testator’s death in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator’s estate; or (c) On the date of an individual’s death in the case of an asset that is transferred to a fiduciary by a third party because of the individual’s death. (3) An asset becomes subject to a successive income interest on the day after the preceding income interest ends, as determined under subsection (4), even if there is an intervening period of administration to wind up the preceding income interest. (4) An income interest ends on the day before an income beneficiary dies or another terminating event occurs, or on the last day of a period during which there is no beneficiary to whom a fiduciary may distribute income. HISTORY: S. 1, ch. 2002-42; s. 9, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.302. » Fla. Stat. § 738.302

§ 738.302. Apportionment of receipts and disbursements when decedent dies or income interest begins. (1) A fiduciary shall allocate an income receipt or disbursement other than one to which s. 738.201(1) applies to principal if the due date of the receipt or disbursement occurs before a decedent dies in the case of an estate or before an income interest begins in the case of a trust or successive income interest. (2) A fiduciary shall allocate an income receipt or disbursement to income if the due date of the receipt or disbursement occurs on or after the date on which a decedent dies or an income interest begins and the due date is a periodic due date. An income receipt or disbursement shall be treated as accruing from day to day if the due date of the receipt or disbursement is not periodic or the receipt or disbursement has no due date. The portion of the receipt or disbursement accruing before the date on which a decedent dies or an income interest begins shall be allocated to principal and the balance shall be allocated to income. (3) An item of income or an obligation is due on the date the payor is required to make a payment. If a payment date is not stated, there is no due date for the purposes of this chapter. Distributions to shareholders or other owners from an entity to which s. 738.401 applies are deemed to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no date is fixed, on the declaration date for the distribution. A due date is periodic for receipts or disbursements that shall be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals. (4) Nothing in this section shall prevent the application of s. 733.817 to apportion tax to the income recipient under this section. HISTORY: S. 1, ch. 2002-42; s. 10, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.303. » Fla. Stat. § 738.303

§ 738.303. Apportionment when income interest ends. (1) For purposes of this section, “undistributed income” means net income received on or before the date on which an income interest ends. The term does not include an item of income or expense that is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust. In the case of a trust being administered as a unitrust under s. 738.1041, the term “undistributed income” means the prorated unitrust amount computed on a daily basis through the date on which the income interest ends. (2) When a mandatory income interest ends, the fiduciary shall pay to a mandatory income beneficiary who survives that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary’s share of the undistributed income that is not disposed of under the terms of the trust unless the beneficiary has an unqualified power to revoke more than 5 percent of the trust immediately before the income interest ends. In the latter case, the undistributed income from the portion of the trust that may be revoked shall be added to principal. (3) When a fiduciary’s obligation to pay a fixed annuity or a fixed fraction of the value of the trust’s assets ends, the fiduciary shall prorate the final payment if and to the extent required by applicable law to accomplish a purpose of the trust or its grantor relating to income, gift, estate, or other tax requirements. HISTORY: S. 1, ch. 2002-42; s. 7, ch. 2005-85; s. 11, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.401. » Fla. Stat. § 738.401

§ 738.401. Character of receipts. (1) For purposes of this section, the term “entity” means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund, or any other organization in which a fiduciary has an interest other than a trust or estate to which s. 738.402 applies, a business or activity to which s. 738.403 applies, or an asset-backed security to which s. 738.608 applies. (2) Except as otherwise provided in this section, a fiduciary shall allocate to income money received from an entity. (3) Except as otherwise provided in this section, a fiduciary shall allocate the following receipts from an entity to principal: (a) Property other than money. (b) Money received in one distribution or a series of related distributions in exchange for part or all of a trust’s or estate’s interest in the entity. (c) Money received in total or partial liquidation of the entity. (d) Money received from an entity that is a regulated investment company or a real estate investment trust if the money received represents short-term or long-term capital gain realized within the entity. (e) Money received from an entity listed on a public stock exchange during any year of the trust or estate which exceeds 10 percent of the fair market value of the trust’s or estate’s interest in the entity on the first day of that year. The amount to be allocated to principal must be reduced to the extent that the cumulative distributions from the entity to the trust or estate allocated to income do not exceed a cumulative annual return of 3 percent of the fair market value of the interest in the entity at the beginning of each year or portion of a year for the number of years or portion of years in the period that the interest in the entity has been held by the trust or estate. If a trustee has exercised a power to adjust under s. 738.104 during any period the interest in the entity has been held by the trust, the trustee, in determining the total income distributions from that entity, must take into account the extent to which the exercise of that power resulted in income to the trust from that

entity for that period. If the income of the trust for any period has been computed under s. 738.1041, the trustee, in determining the total income distributions from that entity for that period, must take into account the portion of the unitrust amount paid as a result of the ownership of the trust’s interest in the entity for that period. (4) If a fiduciary elects, or continues an election made by its predecessor, to reinvest dividends in shares of stock of a distributing corporation or fund, whether evidenced by new certificates or entries on the books of the distributing entity, the new shares retain their character as income. (5) Money is received in partial liquidation: (a) To the extent the entity, at or near the time of a distribution, indicates that such money is a distribution in partial liquidation; or (b) To the extent the total amount of money and property received in a distribution or series of related distributions from an entity that is not listed on a public stock exchange exceeds 20 percent of the trust’s or estate’s pro rata share of the entity’s gross assets, as shown by the entity’s year-end financial statements immediately preceding the initial receipt. This subsection does not apply to an entity to which subsection (7) applies. (6) Money may not be taken into account in determining any excess under paragraph (5)(b), to the extent that the cumulative distributions from the entity to the trust or the estate allocated to income do not exceed the greater of: (a) A cumulative annual return of 3 percent of the entity’s carrying value computed at the beginning of each period for the number of years or portion of years that the entity was held by the fiduciary. If a trustee has exercised a power to adjust under s. 738.104 during any period the interest in the entity has been held by the trust, the trustee, in determining the total income distributions from that entity, must take into account the extent to which exercise of the power resulted in income to the trust from that entity for that period. If the income of a trust for any period has been computed pursuant to s. 738.1041, the trustee, in determining the total income distributions from the entity for that period, must take into account the portion of the unitrust amount paid as a result of the ownership of the trust’s interest in the entity for

that period; or (b) If the entity is treated as a partnership, subchapter S corporation, or a disregarded entity pursuant to the Internal Revenue Code of 1986, as amended, the amount of income tax attributable to the trust’s or estate’s ownership share of the entity, based on its pro rata share of the taxable income of the entity that distributes the money, for the number of years or portion of years that the interest in the entity was held by the fiduciary, calculated as if all of that tax was incurred by the fiduciary. (7) The following applies to money or property received by a private trustee as a distribution from an investment entity described in this subsection: (a) The trustee shall first treat as income of the trust all of the money or property received from the investment entity in the current year which would be considered income under this chapter if the trustee had directly held the trust’s pro rata share of the assets of the investment entity. For this purpose, all distributions received in the current year must be aggregated. (b) The trustee shall next treat as income of the trust any additional money or property received in the current year which would have been considered income in the prior 2 years under paragraph (a) if additional money or property had been received from the investment entity in any of those prior 2 years. The amount to be treated as income shall be reduced by any distributions of money or property made by the investment entity to the trust during the current and prior 2 years which were treated as income under this paragraph. (c) The remainder of the distribution, if any, is treated as principal. (d) As used in this subsection, the term: 1. “Investment entity” means an entity, other than a business activity conducted by the trustee described in s. 738.403 or an entity that is listed on a public stock exchange, which is treated as a partnership, subchapter S corporation, or disregarded entity pursuant to the Internal Revenue Code of 1986, as amended, and which normally derives 50 percent or more of its annual cumulative net income from interest, dividends, annuities, royalties, rental activity, or other passive investments, including income from the sale or exchange of such passive investments.

2. “Private trustee” means a trustee who is a natural person, but only if the trustee is unable to use the power to adjust between income and principal with respect to receipts from entities described in this subsection pursuant to s. 738.104. A bank, trust company, or other commercial trustee is not considered a private trustee. (8) This section shall be applied before ss. 738.705 and 738.706 and does not modify or change any of the provisions of those sections. HISTORY: S. 1, ch. 2002-42; s. 4, ch. 2003-43; s. 8, ch. 2005-85; s. 12, ch. 2012-49, eff. Jan. 1, 2013. Applicability. Section 5, ch. 2003-43, provides: “This act shall take effect upon becoming a law and shall apply retroactively to January 1, 2003.”

« Title XLII. », « Ch. 738. », « § 738.402. » Fla. Stat. § 738.402

§ 738.402. Distribution from trust or estate. A fiduciary shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has an interest other than a purchased interest and allocate to principal an amount received as a distribution of principal from such a trust or estate. If a fiduciary purchases an interest in a trust that is an investment entity, or a decedent or donor transfers an interest in such a trust to a fiduciary, s. 738.401 or s. 738.608 applies to a receipt from the trust. HISTORY: S. 1, ch. 2002-42; s. 13, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.403. » Fla. Stat. § 738.403

§ 738.403. Business and other activities conducted by fiduciary. (1) If a fiduciary who conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account separately for the business or activity instead of accounting for the business or activity as part of the trust’s or estate’s general accounting records, the fiduciary may maintain separate accounting records for the transactions of the business or other activity, whether or not the assets of such business or activity are segregated from other trust or estate assets. (2) A fiduciary who accounts separately for a business or other activity may determine the extent to which the net cash receipts of the business or activity must be retained for working capital, the acquisition or replacement of fixed assets, and other reasonably foreseeable needs of the business or activity, and the extent to which the remaining net cash receipts are accounted for as principal or income in the trust’s or estate’s general accounting records. If a fiduciary sells assets of the business or other activity, other than in the ordinary course of the business or activity, the fiduciary must account for the net amount received as principal in the trust’s or estate’s general accounting records to the extent the fiduciary determines that the amount received is no longer required in the conduct of the business. (3) Activities for which a fiduciary may maintain separate accounting records include: (a) Retail, manufacturing, service, and other traditional business activities. (b) Farming. (c) Raising and selling livestock and other animals. (d) Management of rental properties. (e) Extraction of minerals and other natural resources. (f) Timber operations. (g) Activities to which s. 738.607 applies.

HISTORY: S. 1, ch. 2002-42; s. 14, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.501. » Fla. Stat. § 738.501

§ 738.501. Principal receipts. A fiduciary shall allocate to principal: (1) To the extent not allocated to income under this chapter, assets received from a donor during the donor’s lifetime, a decedent’s estate, a trust with a terminating income interest, or a payor under a contract naming the trust, estate, or fiduciary as beneficiary. (2) Money or other property received from the sale, exchange, liquidation, or change in form of a principal asset, including realized profit, subject to this section. (3) Amounts recovered from third parties to reimburse the trust or estate because of disbursements described in s. 738.702(1)(g) or for other reasons to the extent not based on the loss of income. (4) Proceeds of property taken by eminent domain; however, a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest is income. (5) Net income received in an accounting period during which there is no beneficiary to whom a fiduciary may or shall distribute income. (6) Other receipts as provided in ss. 738.601-738.608. HISTORY: S. 1, ch. 2002-42; s. 15, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.502. » Fla. Stat. § 738.502

§ 738.502. Rental property. If a fiduciary accounts for receipts from rental property pursuant to this section, the fiduciary shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, must be added to principal and held subject to the terms of the lease and is not available for distribution to a beneficiary until the fiduciary’s contractual obligations have been satisfied with respect to that amount. HISTORY: S. 1, ch. 2002-42; s. 16, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.503. » Fla. Stat. § 738.503

§ 738.503. Obligation to pay money. (1) An amount received as interest, whether determined at a fixed, variable, or floating rate, on an obligation to pay money to the fiduciary, including an amount received as consideration for prepaying principal, shall be allocated to income without any provision for amortization of premium. (2) Except as otherwise provided herein, a fiduciary shall allocate to principal an amount received from the sale, redemption, or other disposition of an obligation to pay money to the fiduciary. (3) The increment in value of a bond or other obligation for the payment of money bearing no stated interest but payable at a future time in excess of the price at which it was issued or purchased, if purchased after issuance, is distributable as income. If the increment in value accrues and becomes payable pursuant to a fixed schedule of appreciation, it may be distributed to the beneficiary who was the income beneficiary at the time of increment from the first principal cash available or, if none is available, when the increment is realized by sale, redemption, or other disposition. If unrealized increment is distributed as income but out of principal, the principal must be reimbursed for the increment when realized. If, in the reasonable judgment of the fiduciary, exercised in good faith, the ultimate payment of the bond principal is in doubt, the fiduciary may withhold the payment of incremental interest to the income beneficiary. (4) This section does not apply to an obligation to which s. 738.602, s. 738.603, s. 738.604, s. 738.605, s. 738.607, or s. 738.608 applies. HISTORY: S. 1, ch. 2002-42; s. 17, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.504. » Fla. Stat. § 738.504

§ 738.504. Insurance policies and similar contracts. (1) Except as otherwise provided in subsection (2), a fiduciary shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust, estate, or fiduciary is named as beneficiary, including a contract that insures the trust, estate, or fiduciary against loss for damage to, destruction of, or loss of title to a trust or estate asset. The fiduciary shall allocate dividends on an insurance policy to income if the premiums on the policy are paid from income and to principal if the premiums are paid from principal. (2) A fiduciary shall allocate to income the proceeds of a contract that insures the fiduciary against loss of occupancy or other use by an income beneficiary, loss of income, or, subject to s. 738.403, loss of profits from a business. (3) This section does not apply to a contract to which s. 738.602 applies. HISTORY: S. 1, ch. 2002-42; s. 18, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.601. » Fla. Stat. § 738.601

§ 738.601. Insubstantial allocations not required. If a fiduciary determines that an allocation between principal and income required by s. 738.602, s. 738.603, s. 738.604, s. 738.605, or s. 738.608 is insubstantial, the fiduciary may allocate the entire amount to principal unless one of the circumstances described in s. 738.104(3) applies to the allocation. This power may be exercised by a cofiduciary under the circumstances described in s. 738.104(4) and may be released for the reasons and in the manner described in s. 738.104(5). An allocation is presumed to be insubstantial if: (1) The amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10 percent; or (2) The value of the asset producing the receipt for which the allocation would be made is less than 10 percent of the total value of the trust or estate assets at the beginning of the accounting period. HISTORY: S. 1, ch. 2002-42; s. 19, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.602. » Fla. Stat. § 738.602

§ 738.602. Payments from deferred compensation plans, annuities, and retirement plans or accounts. (1) As used in this section, the term: (a) “Fund” means a private or commercial annuity, an individual retirement account, an individual retirement annuity, a deferred compensation plan, a pension plan, a profit-sharing plan, a stock-bonus plan, an employee stock-ownership plan, or another similar arrangement in which federal income tax is deferred. (b) “Income of the fund” means income that is determined according to subsection (2) or subsection (3). (c) “Nonseparate account” means a fund for which the value of the participant’s or account owner’s right to receive benefits can be determined only by the occurrence of a date or event as defined in the instrument governing the fund. (d) “Payment” means a distribution from a fund that a fiduciary may receive over a fixed number of years or during the life of one or more individuals because of services rendered or property transferred to the payor in exchange for future payments. The term includes a distribution made in money or property from the payor’s general assets or from a fund created by the payor or payee. (e) “Separate account” means a fund holding assets exclusively for the benefit of a participant or account owner and: 1. The value of such assets or the value of the separate account is ascertainable at any time; or 2. The administrator of the fund maintains records that show receipts and disbursements associated with such assets. (2)(a) For a fund that is a separate account, income of the fund shall be determined: 1. As if the fund were a trust subject to the provisions of ss. 738.401738.706; or

2. As a unitrust amount calculated by multiplying the fair market value of the fund as of the first day of the first accounting period and, thereafter, as of the last day of the accounting period that immediately precedes the accounting period during which a payment is received by the percentage determined in accordance with s. 738.1041(2)(b)2.a. The fiduciary shall determine such percentage as of the first month that the fiduciary’s election to treat the income of the fund as a unitrust amount becomes effective. For purposes of this subparagraph, “fair market value” means the fair market value of the assets held in the fund as of the applicable valuation date determined as provided in this subparagraph. The fiduciary is not liable for good faith reliance upon any valuation supplied by the person or persons in possession of the fund. If the fiduciary makes or terminates an election under this subparagraph, the fiduciary shall make such disclosure in a trust disclosure document that satisfies the requirements of s. 736.1008(4)(c). (b) The fiduciary may elect the method of determining the income of the fund pursuant to this subsection and may change the method of determining income of the fund for any future accounting period. (3) For a fund that is a nonseparate account, income of the fund is a unitrust amount determined by calculating the present value of the right to receive the remaining payments under the Internal Revenue Code, 26 U.S.C. s. 7520, as of the first day of the accounting period and multiplying it by the percentage determined in accordance with s. 738.1041(2)(b)2.a. The fiduciary shall determine the unitrust amount as of the first month that the fiduciary’s election to treat the income of the fund as a unitrust amount becomes effective. (4) Except for those trusts described in subsection (5), the fiduciary shall allocate to income the lesser of the payment received from a fund or the income determined under subsection (2) or subsection (3). Any remaining amount of the payment shall be allocated to principal. (5) For a trust that, in order to qualify for the estate or gift tax marital deduction under the Internal Revenue Code or comparable law of any state, entitles the spouse to all of the income of the trust, and the terms of the trust are silent as to the time and frequency for distribution of the income of the fund: (a) For a fund that is a separate account, unless the spouse directs the

fiduciary to leave the income of the fund in the fund, the fiduciary shall withdraw and pay to the spouse, at least annually: 1. All of the income of the fund determined in accordance with subparagraph (2)(a)1.; or 2. The income of the fund as a unitrust amount determined in accordance with subparagraph (2)(a)2. (b) For a fund that is a nonseparate account, the fiduciary shall withdraw and pay to the spouse, at least annually, the income of the fund as a unitrust amount determined in accordance with subsection (3). (6) This section does not apply to payments to which s. 738.603 applies. HISTORY: S. 1, ch. 2002-42; s. 1, ch. 2009-207, eff. July 1, 2009; s. 20, ch. 2012-49, eff. Jan. 1, 2013; s. 59, ch. 2022-4, effective May 13, 2022. Editor’s notes. Section 7520 of the Internal Revenue Code, referred to in this section, is codified as 26 U.S.C.S. § 7520.

« Title XLII. », « Ch. 738. », « § 738.603. » Fla. Stat. § 738.603

§ 738.603. Liquidating asset. (1) For purposes of this section, the term “liquidating asset” means an asset the value of which will diminish or terminate because the asset is expected to produce receipts for a period of limited duration. The term includes a leasehold, patent, copyright, royalty right, and right to receive payments for more than 1 year under an arrangement that does not provide for the payment of interest on the unpaid balance. The term does not include a payment subject to s. 738.602, resources subject to s. 738.604, timber subject to s. 738.605, an activity subject to s. 738.607, an asset subject to s. 738.608, or any asset for which the fiduciary establishes a reserve for depreciation under s. 738.703. (2) A fiduciary shall allocate to income 5 percent of the receipts from the carrying value of a liquidating asset and the balance to principal. Amounts allocated to principal shall reduce the carrying value of the liquidating asset, but not below zero. Amounts received in excess of the remaining carrying value must be allocated to principal. HISTORY: S. 1, ch. 2002-42; s. 21, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.604. » Fla. Stat. § 738.604

§ 738.604. Minerals, water, and other natural resources. (1) If a fiduciary accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the fiduciary shall allocate such receipts as follows: (a) If received as nominal delay rental or nominal annual rent on a lease, a receipt shall be allocated to income. (b) If received from a production payment, a receipt shall be allocated to income if and to the extent the agreement creating the production payment provides a factor for interest or its equivalent. The balance shall be allocated to principal. (c) If an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus, or delay rental is more than nominal, 90 percent shall be allocated to principal and the balance to income. (d) If an amount is received from a working interest or any other interest not provided for in paragraph (a), paragraph (b), or paragraph (c), 90 percent of the net amount received shall be allocated to principal and the balance to income. (2) An amount received on account of an interest in water that is renewable shall be allocated to income. If the water is not renewable, 90 percent of the amount shall be allocated to principal and the balance to income. (3) This chapter applies whether or not a decedent or donor was extracting minerals, water, or other natural resources before the interest became subject to the trust or estate. (4) If a trust or estate owns an interest in minerals, water, or other natural resources on January 1, 2003, the fiduciary may allocate receipts from the interest as provided in this chapter or in the manner used by the fiduciary before January 1, 2003. If the trust or estate acquires an interest in minerals, water, or other natural resources after January 1, 2003, the fiduciary shall allocate receipts from the interest as provided in this chapter.

HISTORY: S. 1, ch. 2002-42; s. 22, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.605. » Fla. Stat. § 738.605

§ 738.605. Timber. (1) If a fiduciary accounts for receipts from the sale of timber and related products pursuant to this section, the fiduciary shall allocate such net receipts as follows: (a) To income to the extent the amount of timber removed from the land does not exceed the rate of growth of the timber during the accounting periods in which a beneficiary has a mandatory income interest; (b) To principal to the extent the amount of timber removed from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber; (c) To or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust or estate by determining the amount of timber removed from the land under the lease or contract and applying the rules in paragraphs (a) and (b); or (d) To principal to the extent advance payments, bonuses, and other payments are not allocated pursuant to paragraph (a), paragraph (b), or paragraph (c). (2) In determining net receipts to be allocated pursuant to subsection (1), a fiduciary shall deduct and transfer to principal a reasonable amount for depletion. (3) This chapter applies whether or not a decedent or donor was harvesting timber from the property before the property became subject to the trust or estate. (4) If a trust or estate owns an interest in timberland on January 1, 2003, the fiduciary may allocate net receipts from the sale of timber and related products as provided in this chapter or in the manner used by the fiduciary before January 1, 2003. If the trust or estate acquires an interest in timberland after January 1, 2003, the fiduciary shall allocate net receipts from the sale of timber and related products as provided in this chapter. HISTORY:

S. 1, ch. 2002-42; s. 23, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.606. » Fla. Stat. § 738.606

§ 738.606. Property not productive of income. (1) If a marital deduction under the Internal Revenue Code or comparable law of any state is allowed for all or part of a trust, or if assets are transferred to a trust that satisfies the requirements of s. 732.2025(2)(a) and (c), and such assets have been used in whole or in part to satisfy an election by a surviving spouse under s. 732.2125 and consist of property that, in the aggregate, does not provide the spouse with sufficient income from or use of the trust assets, and if amounts the trustee transfers from principal to income under s. 738.104 and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, even though, in the case of an elective share trust, a marital deduction is not made or is only partially made, the spouse may require the trustee of such marital trust or elective share trust to make property productive of income, convert property within a reasonable time, or exercise the power conferred by ss. 738.104 and 738.1041. The trustee may decide which action or combination of actions to take. (2) In cases not governed by subsection (1), proceeds from the sale or other disposition of an asset are principal without regard to the amount of income the asset produces during any accounting period. HISTORY: S. 1, ch. 2002-42; s. 24, ch. 2012-49, eff. Jan. 1, 2013; s. 12, ch. 2017-121, effective July 1, 2017.

« Title XLII. », « Ch. 738. », « § 738.607. » Fla. Stat. § 738.607

§ 738.607. Derivatives and options. (1) For purposes of this section, “derivative” means a contract or financial instrument or a combination of contracts and financial instruments which gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets, or changes in a rate, an index of prices or rates, or other market indicator for an asset or a group of assets. (2) To the extent a fiduciary does not account under s. 738.403 for transactions in derivatives, the fiduciary shall allocate to principal receipts from and disbursements made in connection with those transactions. (3) If a fiduciary grants an option to buy property from the trust or estate whether or not the trust or estate owns the property when the option is granted, grants an option that permits another person to sell property to the trust or estate, or acquires an option to buy property for the trust or estate or an option to sell an asset owned by the trust or estate, and the fiduciary or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option shall be allocated to principal. An amount paid to acquire the option shall be paid from principal. A gain or loss realized upon the exercise of an option, including an option granted to a grantor of the trust or estate for services rendered, shall be allocated to principal. HISTORY: S. 1, ch. 2002-42; s. 25, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.608. » Fla. Stat. § 738.608

§ 738.608. Asset-backed securities. (1) For purposes of this section, “asset-backed security” means an asset the value of which is based upon the right given the owner to receive distributions from the proceeds of financial assets that provide collateral for the security. The term includes an asset that gives the owner the right to receive from the collateral financial assets only the interest or other current return or only the proceeds other than interest or current return. The term does not include an asset to which s. 738.401 or s. 738.602 applies. (2) If a trust or estate receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the fiduciary shall allocate to income the portion of the payment which the payor identifies as being from interest or other current return and allocate the balance of the payment to principal. (3) If a trust or estate receives one or more payments in exchange for the trust’s or estate’s entire interest in an asset-backed security during a single accounting period, the fiduciary shall allocate the payments to principal. If a payment is one of a series of payments that will result in the liquidation of the trust’s or estate’s interest in the security over more than a single accounting period, the fiduciary shall allocate 10 percent of the payment to income and the balance to principal. HISTORY: S. 1, ch. 2002-42; s. 26, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.701. » Fla. Stat. § 738.701

§ 738.701. Disbursements from income. A fiduciary shall make the following disbursements from income to the extent they are not disbursements to which s. 738.201(2) applies: (1) One-half of the regular compensation of the fiduciary and of any person providing investment advisory or custodial services to the fiduciary. (2) One-half of all expenses for accountings, judicial proceedings, or other matters that involve both the income and remainder interests. (3) All of the other ordinary expenses incurred in connection with the administration, management, or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal, and expenses of a proceeding or other matter that concerns primarily the income interest. (4) Recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset. HISTORY: S. 1, ch. 2002-42; s. 27, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.702. » Fla. Stat. § 738.702

§ 738.702. Disbursements from principal. (1) A fiduciary shall make the following disbursements from principal: (a) The remaining one-half of the disbursements described in s. 738.701(1) and (2). (b) All of the trustee’s compensation calculated on principal as a fee for acceptance, distribution, or termination and disbursements made to prepare property for sale. (c) Payments on the principal of a trust debt. (d) Expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or will, or to protect the trust, estate, or its property. (e) Premiums paid on a policy of insurance not described in s. 738.701(4) of which the trust or estate is the owner and beneficiary. (f) Estate, inheritance, and other transfer taxes, including penalties, apportioned to the trust. (g) Disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of such activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties, and defending claims based on environmental matters. (h) Payments representing extraordinary repairs or expenses incurred in making a capital improvement to principal, including special assessments; however, a fiduciary may establish an allowance for depreciation out of income to the extent permitted by s. 738.703. (2) If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to

the creditor in reduction of the principal balance of the obligation. HISTORY: S. 1, ch. 2002-42; s. 28, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.703. » Fla. Stat. § 738.703

§ 738.703. Transfers from income to principal for depreciation. (1) For purposes of this section, “depreciation” means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a fixed asset having a useful life of more than 1 year. (2) A fiduciary may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation but may not transfer any amount for depreciation: (a) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary; (b) During the administration of a decedent’s estate; or (c) Under this section if the fiduciary is accounting under s. 738.403 for the business or activity in which the asset is used. (3) The amount of depreciation taken for tax purposes with respect to an asset shall be presumed to be a reasonable amount of depreciation. An amount taken for depreciation shall not be considered unreasonable solely because it is greater or less than the amount taken for tax purposes. (4) An amount transferred to principal need not be held as a separate fund. HISTORY: S. 1, ch. 2002-42; s. 29, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.704. » Fla. Stat. § 738.704

§ 738.704. Transfers from income to reimburse principal. (1) If a fiduciary makes or expects to make a principal disbursement described in this section, the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements. (2) Principal disbursements to which subsection (1) applies include the following, but only to the extent the fiduciary has not been and does not expect to be reimbursed by a third party: (a) An amount chargeable to income but paid from principal because the amount is unusually large. (b) Disbursements made to prepare property for rental, including tenant allowances, leasehold improvements, and broker’s commissions. (c) Disbursements described in s. 738.702(1)(g). (3) If the asset the ownership of which gives rise to the disbursements becomes subject to a successive income interest after an income interest ends, a fiduciary may continue to transfer amounts from income to principal as provided in subsection (1). (4) To the extent principal cash is not sufficient to pay the principal balance of payments due on mortgaged property, income may be applied to such payment in order to avoid a default on any mortgage or security interest securing the property. Income shall be reimbursed for such payments out of the first available principal cash. If the asset the ownership of which gives rise to the disbursements described in this subsection becomes subject to a successive income interest after an income interest ends, all rights of the initial income interest shall lapse, and amounts remaining due from principal shall not be a lien on the assets of the trust. HISTORY: S. 1, ch. 2002-42; s. 30, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.705. » Fla. Stat. § 738.705

§ 738.705. Income taxes. (1) A tax required to be paid by a fiduciary based on receipts allocated to income shall be paid from income. (2) A tax required to be paid by a fiduciary based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing authority. (3) A tax required to be paid by a fiduciary on the trust’s or estate’s share of an entity’s taxable income shall be paid proportionately: (a) From income to the extent receipts from the entity are allocated to income. (b) From principal to the extent receipts from the entity are allocated to principal. (c) From principal to the extent that the income taxes payable by the trust or estate exceed the total receipts from the entity. (4) After applying subsections (1)-(3), the fiduciary shall adjust income or principal receipts to the extent that the trust’s or estate’s income taxes are reduced, but not eliminated, because the trust or estate receives a deduction for payments made to a beneficiary. The amount distributable to that beneficiary as income as a result of this adjustment shall be equal to the cash received by the trust or estate, reduced, but not below zero, by the entity’s taxable income allocable to the trust or estate multiplied by the trust’s or estate’s income tax rate. The reduced amount shall be divided by the difference between 1 and the trust’s or estate’s income tax rate in order to determine the amount distributable to that beneficiary as income before giving effect to other receipts or disbursements allocable to that beneficiary’s interest. HISTORY: S. 1, ch. 2002-42; s. 31, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.706. » Fla. Stat. § 738.706

§ 738.706. Adjustments between principal and income because of taxes. (1) A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder beneficiaries which arise from: (a) Elections and decisions, other than those described in paragraph (b), that the fiduciary makes from time to time regarding tax matters; (b) An income tax or any other tax that is imposed upon the fiduciary or a beneficiary as a result of a transaction involving or a distribution from the estate or trust; or (c) The ownership by an estate or trust of an interest in an entity whose taxable income, whether or not distributed, is includable in the taxable income of the estate, trust, or a beneficiary. (2) If the amount of an estate tax marital deduction or charitable contribution deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting such amount for estate tax purposes, and as a result estate taxes paid from principal are increased and income taxes paid by an estate, trust, or beneficiary are decreased, each estate, trust, or beneficiary that benefits from the decrease in income tax shall reimburse the principal from which the increase in estate tax is paid. The total reimbursement shall equal the increase in the estate tax to the extent the principal used to pay the increase would have qualified for a marital deduction or charitable contribution deduction but for the payment. The proportionate share of the reimbursement for each estate, trust, or beneficiary whose income taxes are reduced shall be the same as such estate’s, trust’s, or beneficiary’s proportionate share of the total decrease in income tax. An estate or trust shall reimburse principal from income. HISTORY: S. 1, ch. 2002-42.

« Title XLII. », « Ch. 738. », « § 738.801. » Fla. Stat. § 738.801

§ 738.801. Apportionment of expenses; improvements. (1) For purposes of this section, the term: (a) “Remainderman” means the holder of the remainder interests after the expiration of a tenant’s estate in property. (b) “Tenant” means the holder of an estate for life or term of years in real property or personal property, or both. (2) If a trust has not been created, expenses shall be apportioned between the tenant and remainderman as follows: (a) The following expenses are allocated to and shall be paid by the tenant: 1. All ordinary expenses incurred in connection with the administration, management, or preservation of the property, including interest, ordinary repairs, regularly recurring taxes assessed against the property, and expenses of a proceeding or other matter that concerns primarily the tenant’s estate or use of the property. 2. Recurring premiums on insurance covering the loss of the property or the loss of income from or use of the property. 3. Any of the expenses described in subparagraph (b)3. which are attributable to the use of the property by the tenant. (b) The following expenses are allocated to and shall be paid by the remainderman: 1. Payments on the principal of a debt secured by the property, except to the extent the debt is for expenses allocated to the tenant. 2. Expenses of a proceeding or other matter that concerns primarily the title to the property, other than title to the tenant’s estate. 3. Except as provided in subparagraph (a)3., expenses related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or

potentially liable for the costs of such activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties, and defending claims based on environmental matters. 4. Extraordinary repairs. (c) If the tenant or remainderman incurred an expense for the benefit of his or her own estate without consent or agreement of the other, he or she must pay such expense in full. (d) Except as provided in paragraph (c), the cost of, or special taxes or assessments for, an improvement representing an addition of value to property forming part of the principal shall be paid by the tenant if the improvement is not reasonably expected to outlast the estate of the tenant. In all other cases, only a part shall be paid by the tenant while the remainder shall be paid by the remainderman. The part payable by the tenant is ascertainable by taking that percentage of the total that is found by dividing the present value of the tenant’s estate by the present value of an estate of the same form as that of the tenant, except that it is limited for a period corresponding to the reasonably expected duration of the improvement. The computation of present values of the estates shall be made by using the rate defined in 26 U.S.C. s. 7520, then in effect and, in the case of an estate for life, the official mortality tables then in effect under 26 U.S.C. s. 7520. Other evidence of duration or expectancy may not be considered. (3) This section does not apply to the extent it is inconsistent with the instrument creating the estates, the agreement of the parties, or the specific direction of the taxing or other statutes. (4) The common law applicable to tenants and remaindermen supplements this section, except as modified by this section or other laws. HISTORY: S. 1, ch. 2002-42; s. 32, ch. 2012-49, eff. Jan. 1, 2013.

« Title XLII. », « Ch. 738. », « § 738.802. » Fla. Stat. § 738.802

§ 738.802. Uniformity of application and construction. In applying and construing this act, consideration shall be given to the need to promote uniformity of the law with respect to the act’s subject matter among states that enact such act. HISTORY: S. 1, ch. 2002-42.

« Title XLII. », « Ch. 738. », « § 738.803. » Fla. Stat. § 738.803

§ 738.803. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. HISTORY: S. 1, ch. 2002-42.

« Title XLII. », « Ch. 738. », « § 738.804. • Fla. Stat. § 738.804

§ 738.804. Application. Except as provided in the trust instrument, the will, or this chapter, this chapter shall apply to any receipt or expense received or incurred and any disbursement made after January 1, 2003, by any trust or decedent’s estate, whether established before or after January 1, 2003, and whether the asset involved was acquired by the trustee or personal representative before or after January 1, 2003. Receipts or expenses received or incurred and disbursements made before January 1, 2003, shall be governed by the law of this state in effect at the time of the event, except as otherwise expressly provided in the will or terms of the trust or in this chapter. HISTORY: S. 1, ch. 2002-42.

« Title XLII. », « Ch. 739. » Fla. Stat. Title XLII, Ch. 739

CHAPTER 739. FLORIDA UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT. « Title XLII. », « Ch. 739. », • § 739.101. » Fla. Stat. § 739.101

§ 739.101. Short title. This chapter may be cited as the “Florida Uniform Disclaimer of Property Interests Act.” HISTORY: S. 1, ch. 2005-108.

« Title XLII. », « Ch. 739. », « § 739.102. » Fla. Stat. § 739.102

§ 739.102. Definitions. As used in this chapter, the term: (1) “Benefactor” means the creator of the interest that is subject to a disclaimer. (2) “Beneficiary designation” means an instrument, other than an instrument creating or amending a trust, naming the beneficiary of: (a) An annuity or insurance policy; (b) An account with a designation for payment on death; (c) A security registered in beneficiary form; (d) A pension, profit-sharing, retirement, or other employment-related benefit plan; or (e) Any other nonprobate transfer at death. (3) “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. (4) “Disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made. (5) “Disclaimer” means the refusal to accept an interest in or power over property. The term includes a renunciation. (6) “Fiduciary” means a personal representative, trustee, agent acting under a power of attorney, guardian, or other person authorized to act as a fiduciary with respect to the property of another person. (7) “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation. (8) “Insolvent” means, solely for purposes of this chapter, that the sum of a person’s debts is greater than all of the person’s assets at fair valuation and that the person is generally not paying his or her debts as they become due. For purposes of this subsection, the term “assets” has the same meaning as that provided in s. 726.102.

(9) “Jointly held property” means property held in the names of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property. Jointly held property does not include property held as tenants by the entirety. (10) “Person” includes individuals, ascertained and unascertained, living or not living, whether entitled to an interest by right of intestacy or otherwise; a government, governmental subdivision, agency, or instrumentality; and a public corporation. (11) “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment. (12) “Trust” means: (a) An express trust (including an honorary trust or a trust under s. 736.0408), charitable or noncharitable, with additions thereto, whenever and however created; and (b) A trust created pursuant to a statute, judgment, or decree which requires the trust be administered in the manner of an express trust. As used in this chapter, the term “trust” does not include a constructive trust or a resulting trust. HISTORY: S. 1, ch. 2005-108; s. 43, ch. 2006-217, eff. July 1, 2007; s. 13, ch. 2009115, eff. July 1, 2009.

« Title XLII. », « Ch. 739. », « § 739.103. » Fla. Stat. § 739.103

§ 739.103. Scope. This chapter applies to disclaimers of any interest in or power over property, whenever created. Except as provided in s. 739.701, this chapter is the exclusive means by which a disclaimer may be made under Florida law. HISTORY: S. 1, ch. 2005-108.

« Title XLII. », « Ch. 739. », « § 739.104. » Fla. Stat. § 739.104

§ 739.104. Power to disclaim; general requirements; when irrevocable. (1) A person may disclaim, in whole or in part, conditionally or unconditionally, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim. A disclaimer shall be unconditional unless the disclaimant explicitly provides otherwise in the disclaimer. (2) With court approval, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, except that a disclaimer of a power arising under s. 739.201(4) does not require court approval. Without court approval, a fiduciary may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, if and to the extent that the instrument creating the fiduciary relationship explicitly grants the fiduciary the right to disclaim. In the absence of a court-appointed guardian, notwithstanding anything in chapter 744 to the contrary, without court approval, a natural guardian under s. 744.301 may disclaim on behalf of a minor child of the natural guardian, in whole or in part, any interest in or power over property, including a power of appointment, which the minor child is to receive solely as a result of another disclaimer, but only if the disclaimed interest or power does not pass to or for the benefit of the natural guardian as a result of the disclaimer. (3) To be effective, a disclaimer must be in writing, declare the writing as a disclaimer, describe the interest or power disclaimed, and be signed by the person making the disclaimer and witnessed and acknowledged in the manner provided for deeds of real estate to be recorded in this state. In addition, for a disclaimer to be effective, an original of the disclaimer must be delivered or filed in the manner provided in s. 739.301. (4) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.

(5) A disclaimer becomes irrevocable when any conditions to which the disclaimant has made the disclaimer subject are satisfied and when the disclaimer is delivered or filed pursuant to s. 739.301 or it becomes effective as provided in ss. 739.201-739.207, whichever occurs later. (6) A disclaimer made under this chapter is not a transfer, assignment, or release. HISTORY: S. 1, ch. 2005-108; s. 103, ch. 2006-1, eff. July 4, 2006; s. 14, ch. 2009115, eff. July 1, 2009.

« Title XLII. », « Ch. 739. », « § 739.201. » Fla. Stat. § 739.201

§ 739.201. Disclaimer of interest in property. Except for a disclaimer governed by s. 739.202, s. 739.203, or s. 739.204, the following rules apply to a disclaimer of an interest in property: (1) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the law of intestate succession, as of the time of the intestate’s death. (2) The disclaimed interest passes according to any provision in the instrument creating the interest providing explicitly for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general. (3) If the instrument does not contain a provision described in subsection (2), the following rules apply: (a) If the disclaimant is an individual, the disclaimed interest passes as if the disclaimant had died immediately before the interest was created, unless under the governing instrument or other applicable law the disclaimed interest is contingent on surviving to the time of distribution, in which case the disclaimed interest passes as if the disclaimant had died immediately before the time for distribution. However, if, by law or under the governing instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution. For purposes of this subsection, a disclaimed interest is created at the death of the benefactor or such earlier time, if any, that the benefactor’s transfer of the interest is a completed gift for federal gift tax purposes. Also for purposes of this subsection, a disclaimed interest in a trust described in s. 733.707(3) shall pass as if the interest had been created under a will. (b) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist. (c) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future

interest held by the disclaimant is not accelerated in possession or enjoyment as a result of the disclaimer. (4) In the case of a disclaimer of property over which the disclaimant has a power, in a fiduciary or nonfiduciary capacity, to direct the beneficial enjoyment of the disclaimed property, unless the disclaimer specifically provides to the contrary with reference to this subsection, the disclaimant shall also be deemed to have disclaimed that power unless the power is limited by an ascertainable standard, as defined in s. 736.0103, as in effect when the disclaimer becomes irrevocable. HISTORY: S. 1, ch. 2005-108; s. 15, ch. 2009-115, eff. July 1, 2009.

« Title XLII. », « Ch. 739. », « § 739.202. » Fla. Stat. § 739.202

§ 739.202. Disclaimer of rights of survivorship in jointly held property. (1) Upon the death of a holder of jointly held property: (a) If, during the deceased holder’s lifetime, the deceased holder could have unilaterally regained a portion of the property attributable to the deceased holder’s contributions without the consent of any other holder, another holder may disclaim, in whole or in part, a fractional share of that portion of the property attributable to the deceased holder’s contributions determined by dividing the number one by the number of joint holders alive immediately after the death of the holder to whose death the disclaimer relates. (b) For all other jointly held property, another holder may disclaim, in whole or in part, a fraction of the whole of the property the numerator of which is one and the denominator of which is the product of the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates multiplied by the number of joint holders alive immediately after the death of the holder to whose death the disclaimer relates. (2) A disclaimer under subsection (1) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates. (3) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates. HISTORY: S. 1, ch. 2005-108.

« Title XLII. », « Ch. 739. », « § 739.203. » Fla. Stat. § 739.203

§ 739.203. Disclaimer of property held as tenancy by the entirety. (1) The survivorship interest in property held as a tenancy by the entirety to which the survivor succeeds by operation of law upon the death of the cotenant may be disclaimed as provided in this chapter. For purposes of this chapter only, the deceased tenant’s interest in property held as a tenancy by the entirety shall be deemed to be an undivided one-half interest. (2) A disclaimer under subsection (1) takes effect as of the death of the deceased tenant to whose death the disclaimer relates. (3) The survivorship interest in property held as a tenancy by the entirety disclaimed by the surviving tenant passes as if the disclaimant had predeceased the tenant to whose death the disclaimer relates. (4) A disclaimer of an interest in real property held as tenants by the entirety does not cause the disclaimed interest to be homestead property for purposes of descent and distribution under ss. 732.401 and 732.4015. HISTORY: S. 1, ch. 2005-108.

« Title XLII. », « Ch. 739. », « § 739.204. » Fla. Stat. § 739.204

§ 739.204. Disclaimer of interest by trustee. If a trustee having the power to disclaim under the instrument creating the fiduciary relationship or pursuant to court order disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. HISTORY: S. 1, ch. 2005-108.

« Title XLII. », « Ch. 739. », « § 739.205. » Fla. Stat. § 739.205

§ 739.205. Disclaimer of power of appointment or other power not held in a fiduciary capacity. If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: (1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power. (3) The instrument creating the power is construed as if the power expired when the disclaimer became effective. HISTORY: S. 1, ch. 2005-108.

« Title XLII. », « Ch. 739. », « § 739.206. » Fla. Stat. § 739.206

§ 739.206. Disclaimer by appointee, object, or taker in default of exercise of power of appointment. (1) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable. (2) A disclaimer of an interest in property by an object, or taker in default of an exercise of a power of appointment, takes effect as of the time the instrument creating the power becomes irrevocable. HISTORY: S. 1, ch. 2005-108.

« Title XLII. », « Ch. 739. », « § 739.207. » Fla. Stat. § 739.207

§ 739.207. Disclaimer of power held in fiduciary capacity. (1) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (2) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power. (3) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting, except that a disclaimer of a fiduciary power arising under s. 739.201(4) shall bind only the disclaiming fiduciary. HISTORY: S. 1, ch. 2005-108; s. 16, ch. 2009-115, eff. July 1, 2009.

« Title XLII. », « Ch. 739. », « § 739.301. » Fla. Stat. § 739.301

§ 739.301. Delivery or filing. (1) Subject to subsections (2) through (12), delivery of a disclaimer may be effected by personal delivery, first-class mail, or any other method that results in its receipt. A disclaimer sent by first-class mail shall be deemed to have been delivered on the date it is postmarked. Delivery by any other method shall be effective upon receipt by the person to whom the disclaimer is to be delivered under this section. (2) In the case of a disclaimer of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust: (a) The disclaimer must be delivered to the personal representative of the decedent’s estate; or (b) If no personal representative is serving when the disclaimer is sought to be delivered, the disclaimer must be filed with the clerk of the court in any county where venue of administration would be proper. (3) In the case of a disclaimer of an interest in a testamentary trust: (a) The disclaimer must be delivered to the trustee serving when the disclaimer is delivered or, if no trustee is then serving, to the personal representative of the decedent’s estate; or (b) If no personal representative is serving when the disclaimer is sought to be delivered, the disclaimer must be filed with the clerk of the court in any county where venue of administration of the decedent’s estate would be proper. (4) In the case of a disclaimer of an interest in an inter vivos trust: (a) The disclaimer must be delivered to the trustee serving when the disclaimer is delivered; (b) If no trustee is then serving, it must be filed with the clerk of the court in any county where the filing of a notice of trust would be proper; or (c) If the disclaimer is made before the time the instrument creating the

trust becomes irrevocable, the disclaimer must be delivered to the grantor of the revocable trust or the transferor of the interest or to such person’s legal representative. (5) In the case of a disclaimer of an interest created by a beneficiary designation made before the time the designation becomes irrevocable, the disclaimer must be delivered to the person making the beneficiary designation or to such person’s legal representative. (6) In the case of a disclaimer of an interest created by a beneficiary designation made after the time the designation becomes irrevocable, the disclaimer must be delivered to the person obligated to distribute the interest. (7) In the case of a disclaimer by a surviving holder of jointly held property, or by the surviving tenant in property held as a tenancy by the entirety, the disclaimer must be delivered to the person to whom the disclaimed interest passes or, if such person cannot reasonably be located by the disclaimant, the disclaimer must be delivered as provided in subsection (2). (8) In the case of a disclaimer by an object, or taker in default of exercise, of a power of appointment at any time after the power was created: (a) The disclaimer must be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or (b) If no fiduciary is serving when the disclaimer is sought to be delivered, the disclaimer must be filed with a court having authority to appoint the fiduciary. (9) In the case of a disclaimer by an appointee of a nonfiduciary power of appointment: (a) The disclaimer must be delivered to the holder, the personal representative of the holder’s estate, or the fiduciary under the instrument that created the power; or (b) If no fiduciary is serving when the disclaimer is sought to be delivered, the disclaimer must be filed with a court having authority to appoint the fiduciary.

(10) In the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer must be delivered as provided in subsection (2), subsection (3), or subsection (4) as if the power disclaimed were an interest in property. (11) In the case of a disclaimer of a power exercisable by an agent, other than a power exercisable by a fiduciary over a trust or estate, the disclaimer must be delivered to the principal or the principal’s representative. (12) Notwithstanding subsection (1), delivery of a disclaimer of an interest in or relating to real estate shall be presumed upon the recording of the disclaimer in the office of the clerk of the court of the county or counties where the real estate is located. (13) A fiduciary or other person having custody of the disclaimed interest is not liable for any otherwise proper distribution or other disposition made without actual notice of the disclaimer or, if the disclaimer is barred under s. 739.402, for any otherwise proper distribution or other disposition made in reliance on the disclaimer, if the distribution or disposition is made without actual knowledge of the facts constituting the bar of the right to disclaim. HISTORY: S. 1, ch. 2005-108.

« Title XLII. », « Ch. 739. », « § 739.401. » Fla. Stat. § 739.401

§ 739.401. When disclaimer is permitted. A disclaimer may be made at any time unless barred under s. 739.402. HISTORY: S. 1, ch. 2005-108.

« Title XLII. », « Ch. 739. », « § 739.402. » Fla. Stat. § 739.402

§ 739.402. When disclaimer is barred or limited. (1) A disclaimer is barred by a written waiver of the right to disclaim. (2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (a) The disclaimant accepts the interest sought to be disclaimed; (b) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; (c) The interest sought to be disclaimed is sold pursuant to a judicial sale; or (d) The disclaimant is insolvent when the disclaimer becomes irrevocable. (3) A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise. (4) A disclaimer, in whole or in part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant. (5) A disclaimer of an interest in, or a power over, property which is barred by this section is ineffective. HISTORY: S. 1, ch. 2005-108; s. 17, ch. 2009-115, eff. July 1, 2009.

« Title XLII. », « Ch. 739. », « § 739.501. » Fla. Stat. § 739.501

§ 739.501. Tax-qualified disclaimer. Notwithstanding any provision of this chapter other than s. 739.402, if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated pursuant to the provisions of s. 2518 of the Internal Revenue Code of 1986 as never having been transferred to the disclaimant, the disclaimer or transfer is effective as a disclaimer under this chapter. HISTORY: S. 1, ch. 2005-108; s. 18, ch. 2009-115, eff. July 1, 2009. Editor’s notes. Section 2518 of the Internal Revenue Code, referred to in this section, is codified as 26 U.S.C.S. § 2518.

« Title XLII. », « Ch. 739. », « § 739.601. » Fla. Stat. § 739.601

§ 739.601. Recording of disclaimer relating to real estate. (1) A disclaimer of an interest in or relating to real estate does not provide constructive notice to all persons unless the disclaimer contains a legal description of the real estate to which the disclaimer relates and unless the disclaimer is filed for recording in the office of the clerk of the court in the county or counties where the real estate is located. (2) An effective disclaimer meeting the requirements of subsection (1) constitutes constructive notice to all persons from the time of filing. Failure to record the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer. HISTORY: S. 1, ch. 2005-108.

« Title XLII. », « Ch. 739. », « § 739.701. • Fla. Stat. § 739.701

§ 739.701. Application to existing relationships. Except as otherwise provided in s. 739.402, an interest in or power over property existing on July 1, 2005, as to which the time for delivering or filing a disclaimer under laws superseded by this chapter has not expired, may be disclaimed after July 1, 2005. HISTORY: S. 1, ch. 2005-108.

« Title XLII. », « Ch. 740. • Fla. Stat. Title XLII, Ch. 740

CHAPTER 740. FIDUCIARY ACCESS TO DIGITAL ASSETS. « Title XLII. », « Ch. 740. •, • § 740.001. » Fla. Stat. § 740.001

§ 740.001. Short title. This chapter may be cited as the “Florida Fiduciary Access to Digital Assets Act.” HISTORY: S. 2, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.002. » Fla. Stat. § 740.002

§ 740.002. Definitions. As used in this chapter, the term: (1) “Account” means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (2) “Agent” means a person that is granted authority to act for a principal under a durable or nondurable power of attorney, whether denominated an agent, an attorney in fact, or otherwise. The term includes an original agent, a co-agent, and a successor agent. (3) “Carries” means to engage in the transmission of electronic communications. (4) “Catalog of electronic communications” means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. (5) “Content of an electronic communication” means information concerning the substance or meaning of the communication which: (a) Has been sent or received by a user; (b) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and (c) Is not readily accessible to the public. (6) “Court” means a circuit court of this state. (7) “Custodian” means a person that carries, maintains, processes, receives, or stores a digital asset of a user. (8) “Designated recipient” means a person chosen by a user through an online tool to administer digital assets of the user. (9) “Digital asset” means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or

liability unless the asset or liability is itself an electronic record. (10) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (11) “Electronic communication” has the same meaning as provided in 18 U.S.C. s. 2510(12). (12) “Electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic communication. (13) “Fiduciary” means an original, additional, or successor personal representative, guardian, agent, or trustee. (14) “Guardian” means a person who is appointed by the court as guardian of the property of a minor or an incapacitated individual. The term includes an original guardian, a coguardian, and a successor guardian, as well as a person appointed by the court as an emergency temporary guardian of the property. (15) “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. (16) “Online tool” means an electronic service provided by a custodian which allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. (17) “Person” means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (18) “Personal representative” means the fiduciary appointed by the court to administer the estate of a deceased individual pursuant to letters of administration or an order appointing a curator or administrator ad litem for the estate. The term includes an original personal representative, a copersonal representative, and a successor personal representative, as well as a person who is entitled to receive and collect a deceased individual’s property pursuant to an order of summary administration issued pursuant to chapter 735. (19) “Power of attorney” means a record that grants an agent authority

to act in the place of a principal pursuant to chapter 709. (20) “Principal” means an individual who grants authority to an agent in a power of attorney. (21) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (22) “Remote computing service” means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system as defined in 18 U.S.C. s. 2510(14). (23) “Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian. (24) “Trustee” means a fiduciary that holds legal title to property under an agreement, declaration, or trust instrument that creates a beneficial interest in the settlor or other persons. The term includes an original trustee, a cotrustee, and a successor trustee. (25) “User” means a person that has an account with a custodian. (26) “Ward” means an individual for whom a guardian has been appointed. (27) “Will” means an instrument admitted to probate, including a codicil, executed by an individual in the manner prescribed by the Florida Probate Code, which disposes of the individual’s property on or after his or her death. The term includes an instrument that merely appoints a personal representative or revokes or revises another will. HISTORY: S. 3, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.003. » Fla. Stat. § 740.003

§ 740.003. User direction for disclosure of digital assets. (1) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record. (2) If a user has not used an online tool to give direction under subsection (1) or if the custodian has not provided an online tool, the user may allow or prohibit disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user, in a will, trust, power of attorney, or other record. (3) A user’s direction under subsection (1) or subsection (2) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service. HISTORY: S. 4, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.004. » Fla. Stat. § 740.004

§ 740.004. Terms-of-service agreement preserved. (1) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use the digital assets of the user. (2) This chapter does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate or trust, the fiduciary or designated recipient acts or represents. (3) A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under s. 740.003. HISTORY: S. 5, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.005. » Fla. Stat. § 740.005

§ 740.005. Procedure for disclosing digital assets. (1) When disclosing the digital assets of a user under this chapter, the custodian may, at its sole discretion: (a) Grant a fiduciary or designated recipient full access to the user’s account; (b) Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or (c) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. (2) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter. (3) A custodian is not required to disclose under this chapter a digital asset deleted by a user. (4) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user’s digital assets to the fiduciary or a designated recipient, the custodian is not required to disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or the fiduciary may seek an order from the court to disclose: (a) A subset limited by date of the user’s digital assets; (b) All of the user’s digital assets to the fiduciary or designated recipient, or to the court for review in chambers; or (c) None of the user’s digital assets. HISTORY: S. 6, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.006. » Fla. Stat. § 740.006

§ 740.006. Disclosure of content of electronic communications of deceased user. If a deceased user consented to or a court directs the disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives to the custodian: (1) A written request for disclosure which is in physical or electronic form; (2) A certified copy of the death certificate of the user; (3) A certified copy of the letters of administration, the order authorizing a curator or administrator ad litem, the order of summary administration issued pursuant to chapter 735, or other court order; (4) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications; and (5) If requested by the custodian: (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account; (b) Evidence linking the account to the user; or (c) A finding by the court that: 1. The user had a specific account with the custodian, identifiable by information specified in paragraph (a); 2. Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. ss. 2701 et seq., 47 U.S.C. s. 222, or other applicable law; 3. Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or 4. Disclosure of the content of electronic communications of the user is

reasonably necessary for the administration of the estate. HISTORY: S. 7, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.007. » Fla. Stat. § 740.007

§ 740.007. Disclosure of other digital assets of deceased user. Unless a user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets of the user, except the content of electronic communications, if the personal representative gives to the custodian: (1) A written request for disclosure which is in physical or electronic form; (2) A certified copy of the death certificate of the user; (3) A certified copy of the letters of administration, the order authorizing a curator or administrator ad litem, the order of summary administration issued pursuant to chapter 735, or other court order; and (4) If requested by the custodian: (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account; (b) Evidence linking the account to the user; (c) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for the administration of the estate; or (d) An order of the court finding that: 1. The user had a specific account with the custodian, identifiable by information specified in paragraph (a); or 2. Disclosure of the user’s digital assets is reasonably necessary for the administration of the estate. HISTORY: S. 8, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.008. » Fla. Stat. § 740.008

§ 740.008. Disclosure of content of electronic communications of principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives to the custodian: (1) A written request for disclosure which is in physical or electronic form; (2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; (3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and (4) If requested by the custodian: (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or (b) Evidence linking the account to the principal. HISTORY: S. 9, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.009. » Fla. Stat. § 740.009

§ 740.009. Disclosure of other digital assets of principal. Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over the digital assets or with general authority to act on behalf of the principal a catalog of electronic communications sent or received by the principal, and digital assets of the principal, except the content of electronic communications, if the agent gives the custodian: (1) A written request for disclosure which is in physical or electronic form; (2) An original or a copy of the power of attorney which gives the agent specific authority over digital assets or general authority to act on behalf of the principal; (3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and (4) If requested by the custodian: (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or (b) Evidence linking the account to the principal. HISTORY: S. 10, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.01. » Fla. Stat. § 740.01

§ 740.01. Disclosure of digital assets held in trust when trustee is the original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of electronic communications. HISTORY: S. 11, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.02. » Fla. Stat. § 740.02

§ 740.02. Disclosure of content of electronic communications held in trust when trustee is not the original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian: (1) A written request for disclosure which is in physical or electronic form; (2) A certified copy of the trust instrument, or a certification of trust under s. 736.1017, which includes consent to disclosure of the content of electronic communications to the trustee; (3) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust; and (4) If requested by the custodian: (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or (b) Evidence linking the account to the trust. HISTORY: S. 12, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.03. » Fla. Stat. § 740.03

§ 740.03. Disclosure of other digital assets held in trust when trustee is not the original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account, a catalog of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets in which the trust has a right or interest, other than the content of electronic communications, if the trustee gives the custodian: (1) A written request for disclosure which is in physical or electronic form; (2) A certified copy of the trust instrument, or a certification of trust under s. 736.1017; (3) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust; and (4) If requested by the custodian: (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or (b) Evidence linking the account to the trust. HISTORY: S. 13, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.04. » Fla. Stat. § 740.04

§ 740.04. Disclosure of digital assets to guardian of ward. (1) After an opportunity for a hearing under chapter 744, the court may grant a guardian access to the digital assets of a ward. (2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalog of electronic communications sent or received by the ward and any digital assets in which the ward has a right or interest, other than the content of electronic communications, if the guardian gives the custodian: (a) A written request for disclosure which is in physical or electronic form; (b) A certified copy of letters of plenary guardianship of the property or the court order that gives the guardian authority over the digital assets of the ward; and (c) If requested by the custodian: 1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the ward’s account; or 2. Evidence linking the account to the ward. (3) A guardian with general authority to manage the property of a ward may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian authority over the ward’s property. HISTORY: S. 14, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.05. » Fla. Stat. § 740.05

§ 740.05. Fiduciary duty and authority. (1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (a) The duty of care; (b) The duty of loyalty; and (c) The duty of confidentiality. (2) A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user: (a) Except as otherwise provided in s. 740.003, is subject to the applicable terms-of-service agreement; (b) Is subject to other applicable law, including copyright law; (c) In the case of a fiduciary, is limited by the scope of the fiduciary’s duties; and (d) May not be used to impersonate the user. (3) A fiduciary with authority over the tangible personal property of a decedent, ward, principal, or settlor has the right to access any digital asset in which the decedent, ward, principal, or settlor had or has a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. (4) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, ward, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including under chapter 815. (5) A fiduciary with authority over the tangible personal property of a decedent, ward, principal, or settlor: (a) Has the right to access the property and any digital asset stored in it; and (b) Is an authorized user for the purpose of computer fraud and

unauthorized computer access laws, including under chapter 815. (6) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. (7) A fiduciary of a user may request a custodian to terminate the user’s account. A request for termination must be in writing, in paper or electronic form, and accompanied by: (a) If the user is deceased, a certified copy of the death certificate of the user; (b) A certified copy of the letters of administration; the order authorizing a curator or administrator ad litem; the order of summary administration issued pursuant to chapter 735; or the court order, power of attorney, or trust giving the fiduciary authority over the account; and (c) If requested by the custodian: 1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account; 2. Evidence linking the account to the user; or 3. A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph 1. HISTORY: S. 15, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.06. » Fla. Stat. § 740.06

§ 740.06. Custodian compliance and immunity. (1) Not later than 60 days after receipt of the information required under ss. 740.006-740.04, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance. (2) An order under subsection (1) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. s. 2702. (3) A custodian may notify a user that a request for disclosure or to terminate an account was made under this chapter. (4) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request. (5) This chapter does not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that: (a) Specifies that an account belongs to the ward or principal; (b) Specifies that there is sufficient consent from the ward or principal to support the requested disclosure; and (c) Contains a finding required by a law other than this chapter. (6) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter. HISTORY: S. 16, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.07. » Fla. Stat. § 740.07

§ 740.07. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. ss. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of any of the notices described in s. 103(b) of that act, 15 U.S.C. s. 7003(b). HISTORY: S. 17, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.08. » Fla. Stat. § 740.08

§ 740.08. Applicability. (1) Subject to subsection (3), this chapter applies to: (a) A fiduciary acting under a will, trust, or power of attorney executed before, on, or after July 1, 2016; (b) A personal representative acting for a decedent who died before, on, or after July 1, 2016; (c) A guardian appointed through a guardianship proceeding, whether pending in a court or commenced before, on, or after July 1, 2016; and (d) A trustee acting under a trust created before, on, or after July 1, 2016. (2) This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user’s death. (3) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business. HISTORY: S. 18, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.09. » Fla. Stat. § 740.09

§ 740.09. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. HISTORY: S. 19, ch. 2016-46, effective July 1, 2016.

« Title XLII. », « Ch. 740. •, « § 740.11. • Fla. Stat. § 740.11

§ 740.11. Relation to wills. — No act taken pursuant to this chapter is valid to affect the obligation of a person to deposit a will of a decedent as required under s. 732.901. History. S. 39, ch. 2019-71, effective January 1, 2020.

« Title XLIII. » Fla. Stat. Title XLIII

TITLE XLIII. DOMESTIC RELATIONS. ________ « Title XLIII. », • Ch. 744. » Fla. Stat. Title XLIII, Ch. 744

CHAPTER 744. GUARDIANSHIP. « Title XLIII. », • Ch. 744. », • Pt. I. » Fla. Stat. Title XLIII, Ch. 744, Pt. I

PART I. GENERAL PROVISIONS. « Title XLIII. », • Ch. 744. », • Pt. I. », • § 744.101. » Fla. Stat. § 744.101

§ 744.101. Short title. This chapter may be cited as the “Florida Guardianship Law.” HISTORY: S. 1, ch. 74-106; s. 1, ch. 89-96. Editor’s notes. Created from former s. 744.01.

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.1012. » Fla. Stat. § 744.1012

§ 744.1012. Legislative intent. The Legislature finds that: (1) Adjudicating a person totally incapacitated and in need of a guardian deprives such person of all her or his civil and legal rights and that such deprivation may be unnecessary. (2) It is desirable to make available the least restrictive form of guardianship to assist persons who are only partially incapable of caring for their needs and that alternatives to guardianship and less restrictive means of assistance, including, but not limited to, guardian advocates, be explored before a plenary guardian is appointed. (3) By recognizing that every individual has unique needs and differing abilities, it is the purpose of this act to promote the public welfare by establishing a system that permits incapacitated persons to participate as fully as possible in all decisions affecting them; that assists such persons in meeting the essential requirements for their physical health and safety, in protecting their rights, in managing their financial resources, and in developing or regaining their abilities to the maximum extent possible; and that accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in her or his own behalf. This act shall be liberally construed to accomplish this purpose. (4) Private guardianship may be inadequate when there is no willing and responsible family member or friend, other person, bank, or corporation available to serve as guardian for an incapacitated person, and such person does not have adequate income or wealth for the compensation of a private guardian. (5) Through the establishment of the Office of Public and Professional Guardians, the Legislature intends to permit the establishment of offices of public guardians for the purpose of providing guardianship services for incapacitated persons when no private guardian is available. (6) A public guardian will be provided only to those persons whose

needs cannot be met through less restrictive means of intervention. A public guardian may also serve in the capacity of a limited guardian or guardian advocate under s. 393.12 when the public guardian is the guardian of last resort as described in subsection (4). HISTORY: S. 3, ch. 89-96; s. 1, ch. 90-271; s. 1067, ch. 97-102; s. 4, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.102. » Fla. Stat. § 744.102

§ 744.102. Definitions. As used in this chapter, the term: (1) “Attorney for the alleged incapacitated person” means an attorney who represents the alleged incapacitated person. The attorney shall represent the expressed wishes of the alleged incapacitated person to the extent it is consistent with the rules regulating The Florida Bar. (2) “Audit” means a systematic review of financial and all other documents to ensure compliance with s. 744.368, rules of court, and local procedures using generally accepted accounting principles. The term includes various practices that meet professional standards, such as verifications, reviews of substantiating papers and accounts, interviews, inspections, and investigations. (3) “Clerk” means the clerk or deputy clerk of the court. (4) “Corporate guardian” means a corporation authorized to exercise fiduciary or guardianship powers in this state and includes a nonprofit corporate guardian. (5) “Court” means the circuit court. (6) “Court monitor” means a person appointed by the court under s. 744.107 to provide the court with information concerning a ward. (7) “Estate” means the property of a ward subject to administration. (8) “Foreign guardian” means a guardian appointed in another state or country. (9) “Guardian” means a person who has been appointed by the court to act on behalf of a ward’s person or property, or both. (a) “Limited guardian” means a guardian who has been appointed by the court to exercise the legal rights and powers specifically designated by court order entered after the court has found that the ward lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person or property, or after the person has voluntarily petitioned for appointment of a

limited guardian. (b) “Plenary guardian” means a person who has been appointed by the court to exercise all delegable legal rights and powers of the ward after the court has found that the ward lacks the capacity to perform all of the tasks necessary to care for his or her person or property. (10) “Guardian ad litem” means a person who is appointed by the court having jurisdiction of the guardianship or a court in which a particular legal matter is pending to represent a ward in that proceeding. (11) “Guardian advocate” means a person appointed by a written order of the court to represent a person with developmental disabilities under s. 393.12. As used in this chapter, the term does not apply to a guardian advocate appointed for a person determined incompetent to consent to treatment under s. 394.4598. (12) “Incapacitated person” means a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person. (a) To “manage property” means to take those actions necessary to obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, and income. (b) To “meet essential requirements for health or safety” means to take those actions necessary to provide the health care, food, shelter, clothing, personal hygiene, or other care without which serious and imminent physical injury or illness is more likely than not to occur. (13) “Minor” means a person under 18 years of age whose disabilities have not been removed by marriage or otherwise. (14) “Next of kin” means those persons who would be heirs at law of the ward or alleged incapacitated person if the person were deceased and includes the lineal descendants of the ward or alleged incapacitated person. (15) “Nonprofit corporate guardian” means a nonprofit corporation organized for religious or charitable purposes and existing under the laws of this state. (16) “Preneed guardian” means a person named in a written declaration

to serve as guardian in the event of the incapacity of the declarant as provided in s. 744.3045. (17) “Professional guardian” means any guardian who has at any time rendered services to three or more wards as their guardian. A person serving as a guardian for two or more relatives as defined in s. 744.309(2) is not considered a professional guardian. A public guardian shall be considered a professional guardian for purposes of regulation, education, and registration. (18) “Property” means both real and personal property or any interest in it and anything that may be the subject of ownership. (19) “Standby guardian” means a person empowered to assume the duties of guardianship upon the death or adjudication of incapacity of the last surviving natural or appointed guardian. (20) “Surrogate guardian” means a guardian designated according to s. 744.442. (21) “Totally incapacitated” means incapable of exercising any of the rights enumerated in s. 744.3215(2) and (3). (22) “Ward” means a person for whom a guardian has been appointed. HISTORY: S. 1, ch. 74-106; s. 2, ch. 75-222; s. 231, ch. 77-104; s. 1, ch. 79-221; s. 3, ch. 80-171; s. 4, ch. 89-96; s. 2, ch. 90-271; s. 1, ch. 96-354; s. 1780, ch. 97102; s. 6, ch. 2003-57; s. 9, ch. 2004-260; s. 1, ch. 2006-178, eff. July 1, 2006; s. 1, ch. 2014-124, effective July 1, 2014. Editor’s notes. Created from former s. 744.03.

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.1025. » Fla. Stat. § 744.1025

§ 744.1025. Additional definitions. The definitions contained in the Florida Probate Code shall be applicable to the Florida Guardianship Law, unless the context requires otherwise, insofar as such definitions do not conflict with definitions contained in this law. HISTORY: S. 2, ch. 79-221; s. 5, ch. 89-96.

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.103. » Fla. Stat. § 744.103

§ 744.103. Guardians of incapacitated world war veterans. [Repealed] Repealed by s. 1, ch. 2012-40, effective July 1, 2012. HISTORY: S. 1, ch. 74-106; s. 2, ch. 75-222; s. 1, ch. 77-174; s. 6, ch. 89-96.

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.104. » Fla. Stat. § 744.104

§ 744.104. Verification of documents. When verification of a document is required in this chapter or by rule, the document filed shall include an oath or affirmation or the following statement: “Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true to the best of my knowledge and belief.” Any person who shall willfully include a false statement in the document shall be guilty of perjury and upon conviction shall be punished accordingly. HISTORY: S. 1, ch. 74-106; s. 2, ch. 75-222; s. 7, ch. 89-96. Editor’s notes. Created from former s. 744.37.

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.105. » Fla. Stat. § 744.105

§ 744.105. Costs. In all guardianship proceedings, costs may be awarded. When the costs are to be paid out of the property of the ward, the court may direct from what part of the property the costs shall be paid. HISTORY: S. 1, ch. 74-106; s. 8, ch. 89-96; s. 3, ch. 90-271. Editor’s notes. Created from former s. 744.47.

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.106. » Fla. Stat. § 744.106

§ 744.106. Notice. The requirements for notice under this chapter are those provided for in the Florida Probate Rules except as provided in s. 744.331(1). HISTORY: S. 4, ch. 75-222; s. 9, ch. 89-96; s. 65, ch. 95-211.

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.107. » Fla. Stat. § 744.107

§ 744.107. Court monitors. (1) The court may, upon inquiry from any interested person or upon its own motion in any proceeding over which it has jurisdiction, appoint a monitor. The court shall not appoint as a monitor a family member or any person with a personal interest in the proceedings. The order of appointment shall be served upon the guardian, the ward, and such other persons as the court may determine. (2) The monitor may investigate, seek information, examine documents, or interview the ward and shall report to the court his or her findings. The report shall be verified and shall be served on the guardian, the ward, and such other persons as the court may determine. (3) If it appears from the monitor’s report that further action by the court to protect the interests of the ward is necessary, the court shall, after a hearing with notice, enter any order necessary to protect the ward or the ward’s estate, including amending the plan, requiring an accounting, ordering production of assets, freezing assets, suspending a guardian, or initiating proceedings to remove a guardian. (4) Unless otherwise prohibited by law, a monitor may be allowed a reasonable fee as determined by the court and paid from the property of the ward. No full-time state, county, or municipal employee or officer shall be paid a fee for such investigation and report. If the court finds the motion for court monitor to have been filed in bad faith, the costs of the proceeding, including attorney’s fees, may be assessed against the movant. (5) The court may appoint the office of criminal conflict and civil regional counsel as monitor if the ward is indigent. HISTORY: SS. 18, 26, ch. 75-222; s. 10, ch. 89-96; s. 4, ch. 90-271; s. 1068, ch. 97102; s. 2, ch. 2006-77, eff. June 6, 2006; s. 2, ch. 2015-83, effective July 1, 2015. Editor’s Notes

Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.1075. » Fla. Stat. § 744.1075

§ 744.1075. Emergency court monitor. (1)(a) A court, upon inquiry from any interested person or upon its own motion, in any proceeding over which the court has jurisdiction, may appoint a court monitor on an emergency basis without notice. The court must specifically find that there appears to be imminent danger that the physical or mental health or safety of the ward will be seriously impaired or that the ward’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken. The scope of the matters to be investigated and the powers and duties of the monitor must be specifically enumerated by court order. (b) The authority of a monitor appointed under this section expires 60 days after the date of appointment or upon a finding of no probable cause, whichever occurs first. The authority of the monitor may be extended for an additional 30 days upon a showing that the emergency conditions still exist. (2) Within 15 days after the entry of the order of appointment, the monitor shall file his or her report of findings and recommendations to the court. The report shall be verified and may be supported by documents or other evidence. (3) Upon review of the report, the court shall determine whether there is probable cause to take further action to protect the person or property of the ward. If the court finds no probable cause, the court shall issue an order finding no probable cause and discharging the monitor. (4)(a) If the court finds probable cause, the court shall issue an order to show cause directed to the guardian or other respondent stating the essential facts constituting the conduct charged and requiring the respondent to appear before the court to show cause why the court should not take further action. The order shall specify the time and place of the hearing with a reasonable time to allow for the preparation of a defense after service of the order. (b) At any time prior to the hearing on the order to show cause, the court may issue a temporary injunction, a restraining order, or an order freezing assets; may suspend the guardian or appoint a guardian ad litem; or may issue

any other appropriate order to protect the physical or mental health or safety or property of the ward. A copy of all such orders or injunctions shall be transmitted by the court or under its direction to all parties at the time of entry of the order or injunction. (c) Following a hearing on the order to show cause, the court may impose sanctions on the guardian or his or her attorney or other respondent or take any other action authorized by law, including entering a judgment of contempt; ordering an accounting; freezing assets; referring the case to local law enforcement agencies or the state attorney; filing an abuse, neglect, or exploitation complaint with the Department of Children and Families; or initiating proceedings to remove the guardian. Nothing in this subsection shall be construed to preclude the mandatory reporting requirements of chapter 39. (5) Unless otherwise prohibited by law, a monitor may be allowed a reasonable fee as determined by the court and paid from the property of the ward. No full-time state, county, or municipal employee or officer shall be paid a fee for such investigation and report. If the court finds the motion for a court monitor to have been filed in bad faith, the costs of the proceeding, including attorney’s fees, may be assessed against the movant. (6) The court may appoint the office of criminal conflict and civil regional counsel as monitor if the ward is indigent. HISTORY: S. 3, ch. 2006-77, eff. June 6, 2006; s. 291, ch. 2014-19, effective July 1, 2014; s. 3, ch. 2015-83, effective July 1, 2015. Editor’s Notes Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.1076. » Fla. Stat. § 744.1076

§ 744.1076. Court orders appointing court monitors and emergency court monitors; reports of court monitors; orders finding no probable cause; public records exemptions. (1)(a) The order of any court appointing a court monitor pursuant to s. 744.107 or an emergency court monitor pursuant to s. 744.1075 is exempt from s. 24(a), Art. I of the State Constitution. (b) The reports of an appointed court monitor or emergency court monitor relating to the medical condition, financial affairs, or mental health of the ward are confidential and exempt from s. 24(a), Art. I of the State Constitution. Such reports may be subject to inspection as determined by the court or upon a showing of good cause. (c) The public records exemptions provided in this subsection expire if a court makes a finding of probable cause, except that information otherwise made confidential or exempt shall retain its confidential or exempt status. (2) Court orders finding no probable cause pursuant to s. 744.107 or s. 744.1075 are confidential and exempt from s. 24(a), Art. I of the State Constitution; however, such orders may be subject to inspection as determined by the court or upon a showing of good cause. HISTORY: S. 1, ch. 2006-129, eff. June 6, 2006; s. 161, ch. 2008-4, eff. July 1, 2008; s. 1, ch. 2011-204, eff. Oct. 1, 2011.

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.108. » Fla. Stat. § 744.108

§ 744.108. Guardian and attorney fees and expenses. (1) A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward. (2) When fees for a guardian or an attorney are submitted to the court for determination, the court shall consider the following criteria: (a) The time and labor required; (b) The novelty and difficulty of the questions involved and the skill required to perform the services properly; (c) The likelihood that the acceptance of the particular employment will preclude other employment of the person; (d) The fee customarily charged in the locality for similar services; (e) The nature and value of the incapacitated person’s property, the amount of income earned by the estate, and the responsibilities and potential liabilities assumed by the person; (f) The results obtained; (g) The time limits imposed by the circumstances; (h) The nature and length of the relationship with the incapacitated person; and (i) The experience, reputation, diligence, and ability of the person performing the service. (3) In awarding fees to attorney guardians, the court must clearly distinguish between fees and expenses for legal services and fees and expenses for guardian services and must have determined that no conflict of interest exists. (4) Fees for legal services may include customary and reasonable charges for work performed by legal assistants employed by and working under the direction of the attorney.

(5) All petitions for guardian and attorney fees and expenses must be accompanied by an itemized description of the services performed for the fees and expenses sought to be recovered. (6) A petition for fees or expenses may not be approved without prior notice to the guardian and to the ward, unless the ward is a minor or is totally incapacitated. (7) A petition for fees shall include the period covered and the total amount of all prior fees paid or costs awarded to the petitioner in the guardianship proceeding currently before the court. (8) When court proceedings are instituted to review or determine a guardian’s or an attorney’s fees under subsection (2), such proceedings are part of the guardianship administration process and the costs, including costs and attorney fees for the guardian’s attorney, an attorney appointed under s. 744.331(2), or an attorney who has rendered services to the ward, shall be determined by the court and paid from the assets of the guardianship estate unless the court finds the requested compensation under subsection (2) to be substantially unreasonable. (9) The court may determine that a request for compensation by the guardian, the guardian’s attorney, a person employed by the guardian, an attorney appointed under s. 744.331(2), or an attorney who has rendered services to the ward, is reasonable without receiving expert testimony. A person or party may offer expert testimony for or against a request for compensation after giving notice to interested persons. Reasonable expert witness fees shall be awarded by the court and paid from the assets of the guardianship estate using the standards in subsection (8). HISTORY: SS. 18, 26, ch. 75-222; s. 11, ch. 89-96; s. 5, ch. 90-271; s. 2, ch. 96-354; s. 7, ch. 2003-57; s. 4, ch. 2015-83, effective July 1, 2015. Editor’s Notes Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312,

744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.1083. » Fla. Stat. § 744.1083

§ 744.1083. Professional guardian registration. [Transferred] HISTORY: Former § 744.1083 was transferred to 744.2002 by s. 9, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.1085. » Fla. Stat. § 744.1085

§ 744.1085. Regulation of professional guardians; application; bond required; educational requirements. [Transferred] HISTORY: Former § 744.1085 was transferred to 744.2003 by s. 10, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.109. » Fla. Stat. § 744.109

§ 744.109. Records. (1) All hearings on appointment of a guardian; adjudication of incapacity; modification, termination, or revocation of the adjudication of incapacity; or restoration of capacity must be electronically or stenographically recorded. (2) If an appeal is taken from any of these proceedings, a transcript must be furnished to an indigent ward at public expense. HISTORY: S. 12, ch. 89-96.

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.1095. » Fla. Stat. § 744.1095

§ 744.1095. Hearings. At any hearing under this chapter, the alleged incapacitated person or the adjudicated ward has the right to: (1) Remain silent and refuse to testify at the hearing. The person may not be held in contempt of court or otherwise penalized for refusing to testify. Refusal to testify may not be used as evidence of incapacity; (2) Testify; (3) Present evidence; (4) Call witnesses; (5) Confront and cross-examine all witnesses; and (6) Have the hearing open or closed as she or he may choose. HISTORY: S. 13, ch. 89-96; s. 6, ch. 90-271; s. 1069, ch. 97-102.

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.1096. » Fla. Stat. § 744.1096

§ 744.1096. Domicile of ward. The domicile of a resident ward is the county where the ward resides. HISTORY: S. 1, ch. 74-106; s. 5, ch. 75-222; s. 14, ch. 89-96; s. 5, ch. 2016-40, eff. Mar. 10, 2016. Editor’s Notes Created from former s. 744.10. S. 5 of ch. 2016-40 renumbered this section from 744.201.

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.1097. » Fla. Stat. § 744.1097

§ 744.1097. Venue. (1) The venue in proceedings for declaration of incapacity shall be where the alleged incapacitated person resides or is found. The provisions of this section do not apply to veterans. (2) The venue in proceedings for the appointment of a guardian shall be: (a) If the incapacitated person is a resident of this state, in the county where the incapacitated person resides. (b) If the incapacitated person is not a resident of this state, in any county in this state where property of the incapacitated person is located. (c) If the incapacitated person is not a resident of this state and owns no property in this state, in the county where any debtor of the incapacitated person resides. (d) If the incapacitated person is a child or young adult under the jurisdiction of a dependency court, in the county where the child or young adult resides or in the county having jurisdiction of the dependency case. (3) When the residence of an incapacitated person is changed to another county, the guardian shall petition to have the venue of the guardianship changed to the county of the acquired residence, except in cases where venue was established under paragraph (2)(d) or as provided in s. 744.1098. (4) If an incapacitated person is a resident of this state and is found in a county other than the county of residence, the venue for declaration of incapacity and for the appointment of a guardian may be the county where the incapacitated person is found. Upon transfer of the incapacitated person to the county of residence, the guardian may have the venue of the guardianship changed to the county of residence and a successor guardian may be appointed. HISTORY: S. 1, ch. 74-106; s. 5, ch. 75-222; s. 15, ch. 89-96; s. 7, ch. 90-271; s. 33,

ch. 95-401; s. 3, ch. 96-354; s. 6, ch. 2016-40, eff. Mar. 10, 2016.; s. 1, ch. 2019-10, effective April 26, 2019. Editor’s Notes Created from former s. 744.11. S. 6 of ch. 2016-40 renumbered this section from 744.202.

« Title XLIII. », • Ch. 744. », • Pt. I. », « § 744.1098. • Fla. Stat. § 744.1098

§ 744.1098. Change of ward’s residence. (1) Prior court approval required. — A guardian who has power pursuant to this chapter to determine the residence of the ward may not, without court approval, change the residence of the ward from this state to another, or from one county of this state to another county of this state, unless such county is adjacent to the county of the ward’s current residence. Any guardian who wishes to remove the ward from the ward’s current county of residence to another county which is not adjacent to the ward’s current county of residence must obtain court approval prior to removal of the ward. In granting its approval, the court shall, at a minimum, consider the reason for such relocation and the longevity of such relocation. (2) Immediate court notification required. — Any guardian who wishes to remove the ward from the ward’s current county of residence to another county adjacent to the ward’s county of residence shall notify the court having jurisdiction of the guardianship within 15 days after relocation of the ward. Such notice shall state the compelling reasons for relocation of the ward and how long the guardian expects the ward to remain in such other county. HISTORY: S. 16, ch. 89-96; s. 8, ch. 90-271; s. 4, ch. 96-354; s. 7, ch. 2016-40, eff. Mar. 10, 2016. Editor’s Notes S. 7 of ch. 2016-40 renumbered this section from 744.2025.

« Title XLIII. », • Ch. 744. », « Pt. II. » Fla. Stat. Title XLIII, Ch. 744, Pt. II

PART II. PUBLIC AND PROFESSIONAL GUARDIANS. « Title XLIII. », • Ch. 744. », « Pt. II. », • § 744.2001. » Fla. Stat. § 744.2001

§ 744.2001. Office of Public and Professional Guardians. There is created the Office of Public and Professional Guardians within the Department of Elderly Affairs. (1) The Secretary of Elderly Affairs shall appoint the executive director, who shall be the head of the Office of Public and Professional Guardians. The executive director must be a member of The Florida Bar, knowledgeable of guardianship law and of the social services available to meet the needs of incapacitated persons, shall serve on a full-time basis, and shall personally, or through a representative of the office, carry out the purposes and functions of the Office of Public and Professional Guardians in accordance with state and federal law. The executive director shall serve at the pleasure of and report to the secretary. (2) The executive director shall, within available resources: (a) Have oversight responsibilities for all public and professional guardians. (b) Establish standards of practice for public and professional guardians by rule, in consultation with professional guardianship associations and other interested stakeholders, no later than October 1, 2016. The executive director shall provide a draft of the standards to the Governor, the Legislature, and the secretary for review by August 1, 2016. (c) Review and approve the standards and criteria for the education, registration, and certification of public and professional guardians in Florida. (3) The executive director’s oversight responsibilities of professional guardians must be finalized by October 1, 2016, and shall include, but are not limited to: (a) Developing and implementing a monitoring tool to ensure compliance of professional guardians with the standards of practice established by the

Office of Public and Professional Guardians. This monitoring tool may not include a financial audit as required by the clerk of the circuit court under s. 744.368. (b) Developing procedures, in consultation with professional guardianship associations and other interested stakeholders, for the review of an allegation that a professional guardian has violated the standards of practice established by the Office of Public and Professional Guardians governing the conduct of professional guardians. (c) Establishing disciplinary proceedings, conducting hearings, and taking administrative action pursuant to chapter 120. (4) The executive director’s oversight responsibilities of public guardians shall include, but are not limited to: (a) Reviewing the current public guardian programs in Florida and other states. (b) Developing, in consultation with local guardianship offices and other interested stakeholders, statewide performance measures. (c) Reviewing various methods of funding public guardianship programs, the kinds of services being provided by such programs, and the demographics of the wards. In addition, the executive director shall review and make recommendations regarding the feasibility of recovering a portion or all of the costs of providing public guardianship services from the assets or income of the wards. (d) By January 1 of each year, providing a status report and recommendations to the secretary which address the need for public guardianship services and related issues. (e) Developing a guardianship training program curriculum that may be offered to all guardians, whether public or private. (5) The executive director may provide assistance to local governments or entities in pursuing grant opportunities. The executive director shall review and make recommendations in the annual report on the availability and efficacy of seeking Medicaid matching funds. The executive director shall diligently seek ways to use existing programs and services to meet the needs of public wards.

(6) The executive director may conduct or contract for demonstration projects authorized by the Department of Elderly Affairs, within funds appropriated or through gifts, grants, or contributions for such purposes, to determine the feasibility or desirability of new concepts of organization, administration, financing, or service delivery designed to preserve the civil and constitutional rights of persons of marginal or diminished capacity. Any gifts, grants, or contributions for such purposes shall be deposited in the Department of Elderly Affairs Administrative Trust Fund. (7)(a) On or before July 1, 2023, the Office of Public and Professional Guardians shall publish on its website a profile of each registered professional guardian. The profiles must be accessible and searchable by the public and must include, at a minimum, the following information: 1. The guardian’s name and business address. 2. Whether the guardian meets the education and bonding requirements under s. 744.2003. 3. The number and type of substantiated complaints against the guardian. 4. Any disciplinary actions taken by the Department of Elderly Affairs against the guardian. (b) The Department of Elderly Affairs may not populate the professional guardian profiles with information from the database established in s. 744.2112. (c) The Department of Elderly Affairs may adopt rules necessary to implement this subsection. HISTORY: S. 4, ch. 99-277; s. 14, ch. 2003-57; s. 5, ch. 2003-262; s. 140, ch. 2005-2; s. 107, ch. 2013-18, eff. July 2, 2013; s. 8, ch. 2016-40, eff. Mar. 10, 2016.; s. 2, ch. 2022-218, effective July 1, 2022. Editor’s Notes S. 8 of ch. 2016-40 renumbered this section from 744.7021.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2002. » Fla. Stat. § 744.2002

§ 744.2002. Professional guardian registration. (1) A professional guardian must register with the Office of Public and Professional Guardians established in part II of this chapter. (2) Annual registration shall be made on forms furnished by the Office of Public and Professional Guardians and accompanied by the applicable registration fee as determined by rule. The fee may not exceed $100. (3) Registration must include the following: (a) Sufficient information to identify the professional guardian, as follows: 1. If the professional guardian is a natural person, the name, address, date of birth, and employer identification or social security number of the person. 2. If the professional guardian is a partnership or association, the name, address, and employer identification number of the entity. (b) Documentation that the bonding and educational requirements of s. 744.2003 have been met. (c) Sufficient information to distinguish a guardian providing guardianship services as a public guardian, individually, through partnership, corporation, or any other business organization. (4) Prior to registering a professional guardian, the Office of Public and Professional Guardians must receive and review copies of the credit and criminal investigations conducted under s. 744.3135. The credit and criminal investigations must have been completed within the previous 2 years. (5) The executive director of the office may deny registration to a professional guardian if the executive director determines that the guardian’s proposed registration, including the guardian’s credit or criminal investigations, indicates that registering the professional guardian would violate any provision of this chapter. If a guardian’s proposed registration is denied, the guardian has standing to seek judicial review of the denial pursuant to chapter 120.

(6) The Department of Elderly Affairs may adopt rules necessary to administer this section. (7) A trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state, may, but is not required to, register as a professional guardian under this section. If a trust company, state banking corporation, state savings association, national banking association, or federal savings and loan association described in this subsection elects to register as a professional guardian under this subsection, the requirements of subsections (3) and (4) do not apply and the registration must include only the name, address, and employer identification number of the registrant, the name and address of its registered agent, if any, and the documentation described in paragraph (3)(b). (8) The Department of Elderly Affairs may contract with the Florida Guardianship Foundation or other not-for-profit entity to register professional guardians. (9) The department or its contractor shall ensure that the clerks of the court and the chief judge of each judicial circuit receive information about each registered professional guardian. (10) A state college or university or an independent college or university that is located and chartered in Florida, that is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools or the Accrediting Council for Independent Colleges and Schools, and that confers degrees as defined in s. 1005.02(7) may, but is not required to, register as a professional guardian under this section. If a state college or university or independent college or university elects to register as a professional guardian under this subsection, the requirements of subsections (3) and (4) do not apply and the registration must include only the name, address, and employer identification number of the registrant. HISTORY: S. 3, ch. 2002-195; s. 8, ch. 2003-57; s. 10, ch. 2004-260; s. 2, ch. 2006178, eff. July 1, 2006; s. 2, ch. 2009-175, eff. July 1, 2009; renumbered from

§ 744.1083 by s. 9, ch. 2016-40, effective March 10, 2016. Editor’s Notes S. 9 of ch. 2016-40 renumbered this section from 744.1083.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2003. » Fla. Stat. § 744.2003

§ 744.2003. Regulation of professional guardians; application; bond required; educational requirements. (1) The provisions of this section are in addition to and supplemental to any other provision of the Florida Guardianship Law, except s. 744.3145. (2) Each professional guardian who files a petition for appointment after October 1, 1997, shall post a blanket fiduciary bond with the clerk of the circuit court in the county in which the guardian’s primary place of business is located. The guardian shall provide proof of the fiduciary bond to the clerks of each additional circuit court in which he or she is serving as a professional guardian. The bond shall be maintained by the guardian in an amount not less than $50,000. The bond must cover all wards for whom the guardian has been appointed at any given time. The liability of the provider of the bond is limited to the face amount of the bond, regardless of the number of wards for whom the professional guardian has been appointed. The act or omissions of each employee of a professional guardian who has direct contact with the ward or access to the ward’s assets is covered by the terms of such bond. The bond must be payable to the Governor of the State of Florida and his or her successors in office and conditioned on the faithful performance of all duties by the guardian. In form, the bond must be joint and several. The bond is in addition to any bonds required under s. 744.351. This subsection does not apply to any attorney who is licensed to practice law in this state and who is in good standing, to any financial institution as defined in s. 744.309(4), or a public guardian. The expenses incurred to satisfy the bonding requirements prescribed in this section may not be paid with the assets of any ward. (3) Each professional guardian defined in s. 744.102(17) and public guardian must receive a minimum of 40 hours of instruction and training. Each professional guardian must receive a minimum of 16 hours of continuing education every 2 calendar years after the year in which the initial 40-hour educational requirement is met. The instruction and education must be completed through a course approved or offered by the Office of Public and Professional Guardians. The expenses incurred to satisfy the educational requirements prescribed in this section may not be

paid with the assets of any ward. This subsection does not apply to any attorney who is licensed to practice law in this state or an institution acting as guardian under s. 744.2002(7). (4) Each professional guardian must allow, at the guardian’s expense, an investigation of the guardian’s credit history, and the credit history of employees of the guardian, in a manner prescribed by the Department of Elderly Affairs. (5) As required in s. 744.3135, each professional guardian shall allow a level 2 background screening of the guardian and employees of the guardian in accordance with the provisions of s. 435.04. (6) Each professional guardian is required to demonstrate competency to act as a professional guardian by taking an examination approved by the Department of Elderly Affairs. (a) The Department of Elderly Affairs shall determine the minimum examination score necessary for passage of guardianship examinations. (b) The Department of Elderly Affairs shall determine the procedure for administration of the examination. (c) The Department of Elderly Affairs or its contractor shall charge an examination fee for the actual costs of the development and the administration of the examination. The examination fee for a guardian may not exceed $500. (d) The Department of Elderly Affairs may recognize passage of a national guardianship examination in lieu of all or part of the examination approved by the Department of Elderly Affairs, except that all professional guardians must take and pass an approved examination section related to Florida law and procedure. (7) The Department of Elderly Affairs shall set the minimum score necessary to demonstrate professional guardianship competency. (8) The Department of Elderly Affairs shall waive the examination requirement in subsection (6) if a professional guardian can provide: (a) Proof that the guardian has actively acted as a professional guardian for 5 years or more; and

(b) A letter from a circuit judge before whom the professional guardian practiced at least 1 year which states that the professional guardian had demonstrated to the court competency as a professional guardian. (9) The court may not appoint any professional guardian who is not registered by the Office of Public and Professional Guardians. (10) This section does not apply to a professional guardian or the employees of that professional guardian when that guardian is a trust company, a state banking corporation, state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state. HISTORY: S. 1, ch. 97-161; s. 9, ch. 99-277; s. 9, ch. 2003-57; s. 17, ch. 2004-260; s. 62, ch. 2004-267; s. 32, ch. 2006-178, eff. July 1, 2006; renumbered from § 744.1085 by s. 10, ch. 2016-40, effective March 10, 2016. Editor’s Notes Section 62, ch. 2004-267, reenacted (5) without change to incorporate amendments to statutory sections referenced therein. S. 10 of ch. 2016-40 renumbered this section from 744.1085.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2004. » Fla. Stat. § 744.2004

§

744.2004. Complaints; enforcement.

disciplinary

proceedings;

penalties;

(1) By October 1, 2016, the Office of Public and Professional Guardians shall establish procedures to: (a) Review and, if determined legally sufficient, investigate any complaint that a professional guardian has violated the standards of practice established by the Office of Public and Professional Guardians governing the conduct of professional guardians. A complaint is legally sufficient if it contains ultimate facts that show a violation of a standard of practice by a professional guardian has occurred. (b) Initiate an investigation no later than 10 business days after the Office of Public and Professional Guardians receives a complaint. (c) Complete and provide initial investigative findings and recommendations, if any, to the professional guardian and the person who filed the complaint within 60 days after receipt. (d) Obtain supporting information or documentation to determine the legal sufficiency of a complaint. (e) Interview a ward, family member, or interested party to determine the legal sufficiency of a complaint. (f) Dismiss any complaint if, at any time after legal sufficiency is determined, it is found there is insufficient evidence to support the allegations contained in the complaint. (g) Coordinate, to the greatest extent possible, with the clerks of court to avoid duplication of duties with regard to the financial audits prepared by the clerks pursuant to s. 744.368. (2) The Office of Public and Professional Guardians shall establish disciplinary proceedings, conduct hearings, and take administrative action pursuant to chapter 120. Disciplinary actions may include, but are not limited to, requiring a professional guardian to participate in additional educational courses provided or approved by the Office of Public and

Professional Guardians, imposing additional monitoring by the office of the guardianships to which the professional guardian is appointed, and suspension or revocation of a professional guardian’s registration. (3) In any disciplinary proceeding that may result in the suspension or revocation of a professional guardian’s registration, the Department of Elderly Affairs shall provide the professional guardian and the person who filed the complaint: (a) A written explanation of how an administrative complaint is resolved by the disciplinary process. (b) A written explanation of how and when the person may participate in the disciplinary process. (c) A written notice of any hearing before the Division of Administrative Hearings at which final agency action may be taken. (4) If the office makes a final determination to suspend or revoke the professional guardian’s registration, it must provide such determination to the court of competent jurisdiction for any guardianship case to which the professional guardian is currently appointed. (5) If the office determines or has reasonable cause to suspect that a vulnerable adult has been or is being abused, neglected, or exploited as a result of a filed complaint or during the course of an investigation of a complaint, it shall immediately report such determination or suspicion to the central abuse hotline established and maintained by the Department of Children and Families pursuant to s. 415.103. (6) By October 1, 2016, the Department of Elderly Affairs shall adopt rules to implement the provisions of this section. HISTORY: S. 11, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.20041. » Fla. Stat. § 744.20041

§ 744.20041. Grounds for discipline; penalties; enforcement. (1) The following acts by a professional guardian shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken: (a) Making misleading, deceptive, or fraudulent representations in or related to the practice of guardianship. (b) Violating any rule governing guardians or guardianships adopted by the Office of Public and Professional Guardians. (c) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of or the ability to practice as a professional guardian. (d) Failing to comply with the educational course requirements contained in s. 744.2003. (e) Having a registration, a license, or the authority to practice a regulated profession revoked, suspended, or otherwise acted against, including the denial of registration or licensure, by the registering or licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation under Florida law. The registering or licensing authority’s acceptance of a relinquishment of registration or licensure, stipulation, consent order, or other settlement offered in response to or in anticipation of the filing of charges against the registration or license shall be construed as an action against the registration or license. (f) Knowingly filing a false report or complaint with the Office of Public and Professional Guardians against another guardian. (g) Attempting to obtain, obtaining, or renewing a registration or license to practice a profession by bribery, by fraudulent misrepresentation, or as a result of an error by the Office of Public and Professional Guardians which is known and not disclosed to the Office of Public and Professional Guardians. (h) Failing to report to the Office of Public and Professional Guardians any person who the professional guardian knows is in violation of this chapter or

the rules of the Office of Public and Professional Guardians. (i) Failing to perform any statutory or legal obligation placed upon a professional guardian. (j) Making or filing a report or record that the professional guardian knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person’s attempt to do so. Such reports or records shall include only those that are signed in the guardian’s capacity as a professional guardian. (k) Using the position of guardian for the purpose of financial gain by a professional guardian or a third party, other than the funds awarded to the professional guardian by the court pursuant to s. 744.108. (l) Violating a lawful order of the Office of Public and Professional Guardians or failing to comply with a lawfully issued subpoena of the Office of Public and Professional Guardians. (m) Improperly interfering with an investigation or inspection authorized by statute or rule or with any disciplinary proceeding. (n) Using the guardian relationship to engage or attempt to engage the ward, or an immediate family member or a representative of the ward, in verbal, written, electronic, or physical sexual activity. (o) Failing to report to the Office of Public and Professional Guardians in writing within 30 days after being convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. (p) Being unable to perform the functions of a professional guardian with reasonable skill by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of substance or as a result of any mental or physical condition. (q) Failing to post and maintain a blanket fiduciary bond pursuant to s. 744.2003. (r) Failing to maintain all records pertaining to a guardianship for a reasonable time after the court has closed the guardianship matter. (s) Violating any provision of this chapter or any rule adopted pursuant

thereto. (2) When the Office of Public and Professional Guardians finds a professional guardian guilty of violating subsection (1), it may enter an order imposing one or more of the following penalties: (a) Refusal to register an applicant as a professional guardian. (b) Suspension or permanent revocation of a professional guardian’s registration. (c) Issuance of a reprimand or letter of concern. (d) Requirement that the professional guardian undergo treatment, attend continuing education courses, submit to reexamination, or satisfy any terms that are reasonably tailored to the violations found. (e) Requirement that the professional guardian pay restitution of any funds obtained, disbursed, or obtained through a violation of any statute, rule, or other legal authority to a ward or the ward’s estate, if applicable. (f) Requirement that the professional guardian undergo remedial education. (3) In determining what action is appropriate, the Office of Public and Professional Guardians must first consider what sanctions are necessary to safeguard wards and to protect the public. Only after those sanctions have been imposed may the Office of Public and Professional Guardians consider and include in the order requirements designed to mitigate the circumstances and rehabilitate the professional guardian. (4) The Office of Public and Professional Guardians shall adopt by rule and periodically review the disciplinary guidelines applicable to each ground for disciplinary action that may be imposed by the Office of Public and Professional Guardians pursuant to this chapter. (5) It is the intent of the Legislature that the disciplinary guidelines specify a meaningful range of designated penalties based upon the severity and repetition of specific offenses and that minor violations be distinguished from those which endanger the health, safety, or welfare of a ward or the public; that such guidelines provide reasonable and meaningful notice to the public of likely penalties that may be imposed for proscribed conduct; and that such penalties be consistently applied by the Office of Public and Professional Guardians.

(6) The Office of Public and Professional Guardians shall by rule designate possible mitigating and aggravating circumstances and the variation and range of penalties permitted for such circumstances. (a) An administrative law judge, in recommending penalties in any recommended order, must follow the disciplinary guidelines established by the Office of Public and Professional Guardians and must state in writing any mitigating or aggravating circumstance upon which a recommended penalty is based if such circumstance causes the administrative law judge to recommend a penalty other than that provided in the disciplinary guidelines. (b) The Office of Public and Professional Guardians may impose a penalty other than those provided for in the disciplinary guidelines upon a specific finding in the final order of mitigating or aggravating circumstances. (7) In addition to, or in lieu of, any other remedy or criminal prosecution, the Office of Public and Professional Guardians may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates any provision of this chapter or any provision of law with respect to professional guardians or the rules adopted pursuant thereto. (8) Notwithstanding chapter 120, if the Office of Public and Professional Guardians determines that revocation of a professional guardian’s registration is the appropriate penalty, the revocation is permanent. (9) If the Office of Public and Professional Guardians makes a final determination to suspend or revoke the professional guardian’s registration, the office must provide the determination to the court of competent jurisdiction for any guardianship case to which the professional guardian is currently appointed. (10) The purpose of this section is to facilitate uniform discipline for those actions made punishable under this section and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference. (11) The Office of Public and Professional Guardians shall adopt rules to administer this section. HISTORY:

S. 12, ch. 2016-40, effective March 10, 2016; s. 45, ch. 2017-3, effective July 7, 2017.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2005. » Fla. Stat. § 744.2005

§ 744.2005. Order of appointment. (1) The court may hear testimony on the question of who is entitled to preference in the appointment of a guardian. Any interested person may intervene in the proceedings. (2) The order appointing a guardian must state the nature of the guardianship as either plenary or limited. If limited, the order must state that the guardian may exercise only those delegable rights which have been removed from the incapacitated person and specifically delegated to the guardian. The order shall state the specific powers and duties of the guardian. (3) The order appointing a guardian must be consistent with the incapacitated person’s welfare and safety, must be the least restrictive appropriate alternative, and must reserve to the incapacitated person the right to make decisions in all matters commensurate with the person’s ability to do so. (4) If a petition for appointment of a guardian has been filed, an order appointing a guardian must be issued contemporaneously with the order adjudicating the person incapacitated. The order must specify the amount of the bond to be given by the guardian and must state specifically whether the guardian must place all, or part, of the property of the ward in a restricted account in a financial institution designated pursuant to s. 69.031. (5) If a petition for the appointment of a guardian has not been filed or ruled upon at the time of the hearing on the petition to determine capacity, the court may appoint an emergency temporary guardian in the manner and for the purposes specified in s. 744.3031. (6) A plenary guardian shall exercise all delegable rights and powers of the incapacitated person. (7) A person for whom a limited guardian has been appointed retains all legal rights except those that have been specifically granted to the guardian in the court’s written order.

HISTORY: S. 1, ch. 74-106; ss. 12, 26, ch. 75-222; s. 39, ch. 89-96; s. 24, ch. 90-271; s. 1081, ch. 97-102; s. 12, ch. 2015-83, eff. July 1, 2015; renumbered from § 744.344 by s. 13, ch. 2016-40, effective March 10, 2016. Editor’s Notes Created from former s. 744.34. Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.” S. 13 of ch. 2016-40 renumbered this section from 744.344.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2006. » Fla. Stat. § 744.2006

§ 744.2006. Office of Public and Professional Guardians; appointment, notification. (1) The executive director of the Office of Public and Professional Guardians, after consultation with the chief judge and other circuit judges within the judicial circuit and with appropriate advocacy groups and individuals and organizations who are knowledgeable about the needs of incapacitated persons, may establish, within a county in the judicial circuit or within the judicial circuit, one or more offices of public guardian and if so established, shall create a list of persons best qualified to serve as the public guardian, who have been investigated pursuant to s. 744.3135. The public guardian must have knowledge of the legal process and knowledge of social services available to meet the needs of incapacitated persons. The public guardian shall maintain a staff or contract with professionally qualified individuals to carry out the guardianship functions, including an attorney who has experience in probate areas and another person who has a master’s degree in social work, or a gerontologist, psychologist, advanced practice registered nurse, or registered nurse. A public guardian that is a nonprofit corporate guardian under s. 744.309(5) must receive tax-exempt status from the United States Internal Revenue Service. (2) The executive director shall appoint or contract with a public guardian from the list of candidates described in subsection (1). A public guardian must meet the qualifications for a guardian as prescribed in s. 744.309(1)(a). Upon appointment of the public guardian, the executive director shall notify the chief judge of the judicial circuit and the Chief Justice of the Supreme Court of Florida, in writing, of the appointment. (3) If the needs of the county or circuit do not require a full-time public guardian, a part-time public guardian may be appointed at reduced compensation. (4) A public guardian, whether full-time or part-time, may not hold any position that would create a conflict of interest. (5) The public guardian is to be appointed for a term of 4 years, after which her or his appointment must be reviewed by the executive director,

and may be reappointed for a term of up to 4 years. The executive director may suspend a public guardian with or without the request of the chief judge. If a public guardian is suspended, the executive director shall appoint an acting public guardian as soon as possible to serve until such time as a permanent replacement is selected. A public guardian may be removed from office during the term of office only by the executive director who must consult with the chief judge prior to said removal. A recommendation of removal made by the chief judge must be considered by the executive director. (6) Public guardians who have been previously appointed by a chief judge prior to the effective date of this act pursuant to this section may continue in their positions until the expiration of their term pursuant to their agreement. However, oversight of all public guardians shall transfer to the Office of Public and Professional Guardians upon the effective date of this act. The executive director of the Office of Public and Professional Guardians shall be responsible for all future appointments of public guardians pursuant to this act. HISTORY: S. 1, ch. 86-120; s. 98, ch. 89-96; s. 69, ch. 95-211; s. 27, ch. 95-401; s. 16, ch. 96-354; s. 1789, ch. 97-102; s. 5, ch. 99-277; s. 8, ch. 2002-195; renumbered from § 744.703 by s. 14, ch. 2016-40, effective March 10, 2016; s. 34, ch. 2020-9, effective July 1, 2020. Editor’s Notes S. 14 of ch. 2016-40 renumbered this section from 744.703.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2007. » Fla. Stat. § 744.2007

§ 744.2007. Powers and duties. (1) A public guardian may serve as a guardian of a person adjudicated incapacitated under this chapter if there is no family member or friend, other person, bank, or corporation willing and qualified to serve as guardian. (2) The public guardian shall be vested with all the powers and duties of a guardian under this chapter, except as otherwise provided by law. (3) The public guardian shall primarily serve incapacitated persons who are of limited financial means, as defined by contract or rule of the Department of Elderly Affairs. The public guardian may serve incapacitated persons of greater financial means to the extent the Department of Elderly Affairs determines to be appropriate. (4) The public guardian shall be authorized to employ sufficient staff to carry out the duties of his or her office. (5) The public guardian may delegate to assistants and other members of his or her staff the powers and duties of the office of public guardian, except as otherwise limited by law. The public guardian shall retain ultimate responsibility for the discharge of his or her duties and responsibilities. (6) The public guardian, when appointed guardian of an incapacitated person, shall seek a family member or friend, other person, bank, or corporation who is qualified and willing to serve as guardian. Upon determining that there is someone qualified and willing to serve as guardian, either the public guardian or the qualified person shall petition the court for appointment of a successor guardian. (7) A public guardian may not commit a ward to a treatment facility, as defined in s. 394.455(49), without an involuntary placement proceeding as provided by law. (8) When a person is appointed successor public guardian, he or she immediately succeeds to all rights, duties, responsibilities, and powers of the preceding public guardian.

(9) When the position of public guardian is vacant, subordinate personnel employed under subsection (4) shall continue to act as if the position of public guardian were filled. HISTORY: S. 1, ch. 86-120; s. 99, ch. 89-96; s. 45, ch. 96-169; s. 1790, ch. 97-102; s. 86, ch. 99-3; s. 15, ch. 2003-57; s. 71, ch. 2006-227, eff. July 1, 2006; s. 15, ch. 2016-40, effective March 10, 2016; s. 78, ch. 2016-241, eff. July 1, 2016; s. 23, ch. 2020-39, effective July 1, 2020; s. 12, ch. 2022-36, effective July 1, 2022. Editor’s Notes S. 15 of ch. 2016-40 renumbered this section from 744.704.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2008. » Fla. Stat. § 744.2008

§ 744.2008. Costs of public guardian. (1) All costs of administration shall be paid from the budget of the office of public guardian. No costs of administration, including filing fees, shall be recovered from the assets or the income of the ward. (2) In any proceeding for appointment of a public guardian, or in any proceeding involving the estate of a ward for whom a public guardian has been appointed guardian, the court shall waive any court costs or filing fees. HISTORY: S. 1, ch. 86-120; s. 100, ch. 89-96; s. 16, ch. 2016-40, eff. Mar. 10, 2016.; s. 2, ch. 2020-73, effective July 1, 2020. Editor’s Notes S. 16 of ch. 2016-40 renumbered this section from 744.705.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2009. » Fla. Stat. § 744.2009

§ 744.2009. Preparation of budget. Each public guardian, whether funded in whole or in part by money raised through local efforts, grants, or any other source or whether funded in whole or in part by the state, shall prepare a budget for the operation of the office of public guardian to be submitted to the Office of Public and Professional Guardians. As appropriate, the Office of Public and Professional Guardians will include such budgetary information in the Department of Elderly Affairs’ legislative budget request. The office of public guardian shall be operated within the limitations of the General Appropriations Act and any other funds appropriated by the Legislature to that particular judicial circuit, subject to the provisions of chapter 216. The Department of Elderly Affairs shall make a separate and distinct request for an appropriation for the Office of Public and Professional Guardians. However, this section may not be construed to preclude the financing of any operations of the office of public guardian by moneys raised through local effort or through the efforts of the Office of Public and Professional Guardians. HISTORY: S. 1, ch. 86-120; s. 101, ch. 89-96; s. 6, ch. 99-277; renumbered from § 744.706 by s. 17, ch. 2016-40, effective March 10, 2016. Editor’s Notes S. 17 of ch. 2016-40 renumbered this section from 744.706.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.201. » Fla. Stat. § 744.201

§ 744.201. Domicile of ward. [Transferred] HISTORY: Former § 744.201 was transferred to 744.1096 by s. 5, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.202. » Fla. Stat. § 744.202

§ 744.202. Venue. [Transferred] HISTORY: Former § 744.202 was transferred to 744.1097 by s. 6, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2025. » Fla. Stat. § 744.2025

§ 744.2025. Change of ward’s residence. [Transferred] HISTORY: Former § 744.2025 was transferred to 744.1098 by s. 7, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2101. » Fla. Stat. § 744.2101

§ 744.2101. Procedures and rules. The public guardian, subject to the oversight of the Office of Public and Professional Guardians, is authorized to: (1) Formulate and adopt necessary procedures to assure the efficient conduct of the affairs of the ward and general administration of the office and staff. (2) Contract for services necessary to discharge the duties of the office. (3) Accept the services of volunteer persons or organizations and provide reimbursement for proper and necessary expenses. HISTORY: S. 1, ch. 86-120; s. 102, ch. 89-96; s. 7, ch. 99-277; renumbered from § 744.707 by s. 18, ch. 2016-40, effective March 10, 2016. Editor’s Notes S. 18 of ch. 2016-40 renumbered this section from 744.707.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2102. » Fla. Stat. § 744.2102

§ 744.2102. Surety bond. Upon taking office, a public guardian shall file a bond with surety as prescribed in s. 45.011 to be approved by the clerk. The bond shall be payable to the Governor and the Governor’s successors in office, in the penal sum of not less than $5,000 nor more than $25,000, conditioned on the faithful performance of all duties by the guardian. The amount of the bond shall be fixed by the majority of the judges within the judicial circuit. In form the bond shall be joint and several. The bond shall be purchased from the funds of the local office of public guardian. HISTORY: S. 1, ch. 86-120; s. 104, ch. 89-96; s. 1128, ch. 97-102; s. 11, ch. 99-277; s. 19, ch. 2016-40, eff. Mar. 10, 2016. Editor’s Notes S. 19 of ch. 2016-40 renumbered this section from 744.709.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2103. » Fla. Stat. § 744.2103

§ 744.2103. Reports and standards. (1) The public guardian shall keep and maintain proper financial, case control, and statistical records on all matters in which the public guardian serves as guardian. (2) No report or disclosure of the ward’s personal and medical records shall be made, except as authorized by law. (3) A public guardian shall file an annual report on the operations of the office of public guardian, in writing, by September 1 for the preceding fiscal year with the Office of Public and Professional Guardians, which shall have responsibility for supervision of the operations of the office of public guardian. (4) Within 6 months of his or her appointment as guardian of a ward, the public guardian shall submit to the clerk of the court for placement in the ward’s guardianship file and to the executive director of the Office of Public and Professional Guardians a report on his or her efforts to locate a family member or friend, other person, bank, or corporation to act as guardian of the ward and a report on the ward’s potential to be restored to capacity. (5)(a) Each office of public guardian shall undergo an independent audit by a qualified certified public accountant at least once every 2 years. A copy of the audit report shall be submitted to the Office of Public and Professional Guardians. (b) In addition to regular monitoring activities, the Office of Public and Professional Guardians shall conduct an investigation into the practices of each office of public guardian related to the managing of each ward’s personal affairs and property. If feasible, the investigation shall be conducted in conjunction with the financial audit of each office of public guardian under paragraph (a). (6) A public guardian shall ensure that each of the guardian’s wards is personally visited by the public guardian or by one of the guardian’s professional staff at least once each calendar quarter. During this personal

visit, the public guardian or the professional staff person shall assess: (a) The ward’s physical appearance and condition. (b) The appropriateness of the ward’s current living situation. (c) The need for any additional services and the necessity for continuation of existing services, taking into consideration all aspects of social, psychological, educational, direct service, health, and personal care needs. (7) The ratio for professional staff to wards shall be 1 professional to 40 wards. The Office of Public and Professional Guardians may increase or decrease the ratio after consultation with the local public guardian and the chief judge of the circuit court. The basis for the decision to increase or decrease the prescribed ratio must be included in the annual report to the secretary. HISTORY: S. 1, ch. 86-120; s. 103, ch. 89-96; s. 17, ch. 96-354; s. 1791, ch. 97-102; s. 8, ch. 99-277; s. 127, ch. 2001-266; s. 27, ch. 2006-178, eff. July 1, 2006; s. 159, ch. 2010-102, eff. May 26, 2010; renumbered from § 744.708 by s. 20, ch. 2016-40, effective March 10, 2016. Editor’s Notes S. 20 of ch. 2016-40 renumbered this section from 744.708.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.21031. » Fla. Stat. § 744.21031

§ 744.21031. Public records exemption. — [Effective until October 2, 2023] The home addresses, telephone numbers, dates of birth, places of employment, and photographs of current or former public guardians and employees with fiduciary responsibility; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such persons; and the names and locations of schools and day care facilities attended by the children of such persons are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. As used in this section, the term “employee with fiduciary responsibility” means an employee of a public guardian who has the ability to direct any transactions of a ward’s funds, assets, or property; who under the supervision of the guardian, manages the care of the ward; or who makes any health care decision, as defined in s. 765.101, on behalf of the ward. This exemption applies to information held by an agency before, on, or after July 1, 2018. An agency that is the custodian of the information specified in this section shall maintain the exempt status of that information only if the current or former public guardians and employees with fiduciary responsibility submit to the custodial agency a written request for maintenance of the exemption. This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature. HISTORY: S. 1, ch. 2018-16, effective July 1, 2018.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2104. » Fla. Stat. § 744.2104

§ 744.2104. Access to records by the Office of Public and Professional Guardians; confidentiality. (1) Notwithstanding any other provision of law to the contrary, any medical, financial, or mental health records held by an agency, or the court and its agencies, or financial audits prepared by the clerk of the court pursuant to s. 744.368 and held by the court, which are necessary as part of an investigation of a guardian as a result of a complaint filed with the Office of Public and Professional Guardians to evaluate the public guardianship system, to assess the need for additional public guardianship, or to develop required reports, shall be provided to the Office of Public and Professional Guardians or its designee upon that office’s request. Any confidential or exempt information provided to the Office of Public and Professional Guardians shall continue to be held confidential or exempt as otherwise provided by law. (2) All records held by the Office of Public and Professional Guardians relating to the medical, financial, or mental health of vulnerable adults as defined in chapter 415, persons with a developmental disability as defined in chapter 393, or persons with a mental illness as defined in chapter 394, shall be confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. HISTORY: S. 1, ch. 99-278; s. 112, ch. 2000-349; s. 1, ch. 2004-361; renumbered from § 744.7081 by s. 21, ch. 2016-40, effective March 10, 2016; s. 1, ch. 2018-68, effective July 1, 2018. Editor’s Notes S. 21 of ch. 2016-40 renumbered this section from 744.7081.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2105. » Fla. Stat. § 744.2105

§ 744.2105. Direct-support organization; definition; use of property; board of directors; audit; dissolution. — (1) Definition. — As used in this section, the term “direct-support organization” means an organization whose sole purpose is to support the Office of Public and Professional Guardians and is: (a) A not-for-profit corporation incorporated under chapter 617 and approved by the Department of State; (b) Organized and operated to conduct programs and activities; to raise funds; to request and receive grants, gifts, and bequests of moneys; to acquire, receive, hold, invest, and administer, in its own name, securities, funds, objects of value, or other property, real or personal; and to make expenditures to or for the direct or indirect benefit of the Office of Public and Professional Guardians; and (c) Determined by the Office of Public and Professional Guardians to be consistent with the goals of the office, in the best interests of the state, and in accordance with the adopted goals and mission of the Department of Elderly Affairs and the Office of Public and Professional Guardians. (2) Contract. — The direct-support organization shall operate under a written contract with the Office of Public and Professional Guardians. The written contract must provide for: (a) Certification by the Office of Public and Professional Guardians that the direct-support organization is complying with the terms of the contract and is doing so consistent with the goals and purposes of the office and in the best interests of the state. This certification must be made annually and reported in the official minutes of a meeting of the direct-support organization. (b) The reversion of moneys and property held in trust by the directsupport organization: 1. To the Office of Public and Professional Guardians if the direct-support organization is no longer approved to operate for the office;

2. To the Office of Public and Professional Guardians if the direct-support organization ceases to exist; 3. To the Department of Elderly Affairs if the Office of Public and Professional Guardians ceases to exist; or 4. To the state if the Department of Elderly Affairs ceases to exist. The fiscal year of the direct-support organization shall begin on July 1 of each year and end on June 30 of the following year. (c) The disclosure of the material provisions of the contract, and the distinction between the Office of Public and Professional Guardians and the direct-support organization, to donors of gifts, contributions, or bequests, including such disclosure on all promotional and fundraising publications. (3) Board of directors. — The Secretary of Elderly Affairs shall appoint a board of directors for the direct-support organization from a list of nominees submitted by the executive director of the Office of Public and Professional Guardians. (4) Use of property. — The Department of Elderly Affairs may permit, without charge, appropriate use of fixed property and facilities of the department or the Office of Public and Professional Guardians by the direct-support organization. The department may prescribe any condition with which the direct-support organization must comply in order to use fixed property or facilities of the department or the Office of Public and Professional Guardians. (5) Moneys. — Any moneys may be held in a separate depository account in the name of the direct-support organization and subject to the provisions of the written contract with the Office of Public and Professional Guardians. Expenditures of the direct-support organization shall be expressly used to support the Office of Public and Professional Guardians. The expenditures of the direct-support organization may not be used for the purpose of lobbying as defined in s. 11.045. (6) Public records. — Personal identifying information of a donor or prospective donor to the direct-support organization who desires to remain anonymous is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(7) Audit. — The direct-support organization shall provide for an annual financial audit in accordance with s. 215.981. (8) Dissolution. — A not-for-profit corporation incorporated under chapter 617 that is determined by a circuit court to be representing itself as a direct-support organization created under this section, but that does not have a written contract with the Office of Public and Professional Guardians in compliance with this section, is considered to meet the grounds for a judicial dissolution described in s. 617.1430(1)(a). The Office of Public and Professional Guardians shall be the recipient for all assets held by the dissolved corporation which accrued during the period that the dissolved corporation represented itself as a direct-support organization created under this section. HISTORY: S. 9, ch. 2002-195; s. 14, ch. 2004-260; ss. 1, 2, ch. 2006-179, eff. July 1, 2006; s. 1, ch. 2011-228, eff. Oct. 1, 2011; s. 25, ch. 2014-96, effective June 13, 2014; renumbered from § 744.7082 by s. 22, ch. 2016-40, effective March 10, 2016; s. 1, ch. 2018-20, effective July 1, 2018. Editor’s Notes S. 22 of ch. 2016-40 renumbered this section from 744.7082.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2106. » Fla. Stat. § 744.2106

§ 744.2106. Joining Forces for Public Guardianship grant program; purpose. The Legislature establishes the Joining Forces for Public Guardianship matching grant program for the purpose of assisting counties to establish and fund community-supported public guardianship programs. The Joining Forces for Public Guardianship matching grant program shall be established and administered by the Office of Public and Professional Guardians within the Department of Elderly Affairs. The purpose of the program is to provide startup funding to encourage communities to develop and administer locally funded and supported public guardianship programs to address the needs of indigent and incapacitated residents. (1) The Office of Public and Professional Guardians may distribute the grant funds as follows: (a) As initial startup funding to encourage counties that have no office of public guardian to establish an office, or as initial startup funding to open an additional office of public guardian within a county whose public guardianship needs require more than one office of public guardian. (b) As support funding to operational offices of public guardian that demonstrate a necessity for funds to meet the public guardianship needs of a particular geographic area in the state which the office serves. (c) To assist counties that have an operating public guardianship program but that propose to expand the geographic area or population of persons they serve, or to develop and administer innovative programs to increase access to public guardianship in this state. Notwithstanding this subsection, the executive director of the office may award emergency grants if he or she determines that the award is in the best interests of public guardianship in this state. Before making an emergency grant, the executive director must obtain the written approval of the Secretary of Elderly Affairs. Subsections (2), (3), and (4) do not apply to the distribution of emergency grant funds. (2) One or more grants may be awarded within a county. However, a

county may not receive an award that equals, or multiple awards that cumulatively equal, more than 20 percent of the total amount of grant funds appropriated during any fiscal year. (3) If an applicant is eligible and meets the requirements to receive grant funds more than once, the Office of Public and Professional Guardians shall award funds to prior awardees in the following manner: (a) In the second year that grant funds are awarded, the cumulative sum of the award provided to one or more applicants within the same county may not exceed 75 percent of the total amount of grant funds awarded within that county in year one. (b) In the third year that grant funds are awarded, the cumulative sum of the award provided to one or more applicants within the same county may not exceed 60 percent of the total amount of grant funds awarded within that county in year one. (c) In the fourth year that grant funds are awarded, the cumulative sum of the award provided to one or more applicants within the same county may not exceed 45 percent of the total amount of grant funds awarded within that county in year one. (d) In the fifth year that grant funds are awarded, the cumulative sum of the award provided to one or more applicants within the same county may not exceed 30 percent of the total amount of grant funds awarded within that county in year one. (e) In the sixth year that grant funds are awarded, the cumulative sum of the award provided to one or more applicants within the same county may not exceed 15 percent of the total amount of grant funds awarded within that county in year one. The Office of Public and Professional Guardians may not award grant funds to any applicant within a county that has received grant funds for more than 6 years. (4) Grant funds shall be used only to provide direct services to indigent wards, except that up to 10 percent of the grant funds may be retained by the awardee for administrative expenses. (5) Implementation of the program is subject to a specific appropriation

by the Legislature in the General Appropriations Act. HISTORY: S. 3, ch. 2004-260; renumbered from § 744.712 by s. 23, ch. 2016-40, effective March 10, 2016. Editor’s Notes S. 23 of ch. 2016-40 renumbered this section from 744.712.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2107. » Fla. Stat. § 744.2107

§ 744.2107. Program administration; duties of the Office of Public and Professional Guardians. The Office of Public and Professional Guardians shall administer the grant program. The office shall: (1) Publicize the availability of grant funds to entities that may be eligible for the funds. (2) Establish an application process for submitting a grant proposal. (3) Request, receive, and review proposals from applicants seeking grant funds. (4) Determine the amount of grant funds each awardee may receive and award grant funds to applicants. (5) Develop a monitoring process to evaluate grant awardees, which may include an annual monitoring visit to each awardee’s local office. (6) Ensure that persons or organizations awarded grant funds meet and adhere to the requirements of this act. HISTORY: S. 4, ch. 2004-260; s. 108, ch. 2013-18, eff. July 2, 2013; renumbered from § 744.713 by s. 24, ch. 2016-40, effective March 10, 2016. Editor’s Notes S. 24 of ch. 2016-40 renumbered this section from 744.713.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2108. » Fla. Stat. § 744.2108

§ 744.2108. Eligibility. (1) Any person or organization that has not been awarded a grant must meet all of the following conditions to be eligible to receive a grant: (a) The applicant must meet or directly employ staff that meet the minimum qualifications for a public guardian under this chapter. (b) The applicant must have already been appointed by, or is pending appointment by, the Office of Public and Professional Guardians to become an office of public guardian in this state. (2) Any person or organization that has been awarded a grant must meet all of the following conditions to be eligible to receive another grant: (a) The applicant must meet or directly employ staff that meet the minimum qualifications for a public guardian under this chapter. (b) The applicant must have been appointed by, or is pending reappointment by, the Office of Public and Professional Guardians to be an office of public guardian in this state. (c) The applicant must have achieved a satisfactory monitoring score during the applicant’s most recent evaluation. HISTORY: S. 5, ch. 2004-260; renumbered from § 744.714 by s. 25, ch. 2016-40, effective March 10, 2016. Editor’s Notes S. 25 of ch. 2016-40 renumbered this section from 744.714.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2109. » Fla. Stat. § 744.2109

§ 744.2109. Grant application requirements; review criteria; awards process. Grant applications must be submitted to the Office of Public and Professional Guardians for review and approval. (1) A grant application must contain: (a) The specific amount of funds being requested. (b) The proposed annual budget for the office of public guardian for which the applicant is applying on behalf of, including all sources of funding, and a detailed report of proposed expenditures, including administrative costs. (c) The total number of wards the applicant intends to serve during the grant period. (d) Evidence that the applicant has: 1. Attempted to procure funds and has exhausted all possible other sources of funding; or 2. Procured funds from local sources, but the total amount of the funds collected or pledged is not sufficient to meet the need for public guardianship in the geographic area that the applicant intends to serve. (e) An agreement or confirmation from a local funding source, such as a county, municipality, or any other public or private organization, that the local funding source will contribute matching funds to the public guardianship program totaling not less than $1 for every $1 of grant funds awarded. For purposes of this section, an applicant may provide evidence of agreements or confirmations from multiple local funding sources showing that the local funding sources will pool their contributed matching funds to the public guardianship program for a combined total of not less than $1 for every $1 of grant funds awarded. In-kind contributions, such as materials, commodities, office space, or other types of facilities, personnel services, or other items as determined by rule shall be considered by the office and may be counted as part or all of the local matching funds. (f) A detailed plan describing how the office of public guardian for which

the applicant is applying on behalf of will be funded in future years. (g) Any other information determined by rule as necessary to assist in evaluating grant applicants. (2) If the Office of Public and Professional Guardians determines that an applicant meets the requirements for an award of grant funds, the office may award the applicant any amount of grant funds the executive director deems appropriate, if the amount awarded meets the requirements of this act. The office may adopt a rule allocating the maximum allowable amount of grant funds which may be expended on any ward. (3) A grant awardee must submit a new grant application for each year of additional funding. (4)(a) In the first year of the Joining Forces for Public Guardianship program’s existence, the Office of Public and Professional Guardians shall give priority in awarding grant funds to those entities that: 1. Are operating as appointed offices of public guardians in this state; 2. Meet all of the requirements for being awarded a grant under this act; and 3. Demonstrate a need for grant funds during the current fiscal year due to a loss of local funding formerly raised through court filing fees. (b) In each fiscal year after the first year that grant funds are distributed, the Office of Public and Professional Guardians may give priority to awarding grant funds to those entities that: 1. Meet all of the requirements of this section and ss. 744.2106, 744.2107, and 744.2108 for being awarded grant funds; and 2. Submit with their application an agreement or confirmation from a local funding source, such as a county, municipality, or any other public or private organization, that the local funding source will contribute matching funds totaling an amount equal to or exceeding $2 for every $1 of grant funds awarded by the office. An entity may submit with its application agreements or confirmations from multiple local funding sources showing that the local funding sources will pool their contributed matching funds to the public guardianship program for a combined total of not less than $2 for every $1 of grant funds awarded. In-kind contributions allowable under this section shall

be evaluated by the Office of Public and Professional Guardians and may be counted as part or all of the local matching funds. HISTORY: S. 6, ch. 2004-260; renumbered from § 744.715 by s. 26, ch. 2016-40, effective March 10, 2016. Editor’s Notes S. 26 of ch. 2016-40 renumbered this section from 744.715.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2111. » Fla. Stat. § 744.2111

§ 744.2111. Confidentiality. (1) A complaint and any information held by the Department of Elderly Affairs as part of the investigative process are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation is completed or ceases to be active. An investigation is considered active as long as the department is continuing with a reasonable, good faith belief that the investigation may lead to a finding that a guardian has violated the standards of practice established by the Office of Public and Professional Guardians. (2) Once an investigation is completed or ceases to be active, the following information held by the department shall remain confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution: (a) Personal identifying information of a complainant or ward. (b) All personal health and financial records of a ward. (c) All photographs and video recordings of a complainant or ward. (3) This section does not prohibit the department from providing such information: (a) To any law enforcement agency; (b) To any other regulatory agency in the performance of its official duties and responsibilities; (c) To the clerk of the circuit court under s. 744.368; or (d) Pursuant to a court order. (4) The exemption under this section applies to all documents received by the department in connection with a complaint before, on, or after July 1, 2017. HISTORY: S. 1, ch. 2017-176, effective July 1, 2017; s. 1, ch. 2022-45, effective October 1, 2022.

« Title XLIII. », • Ch. 744. », « Pt. II. », « § 744.2112. • Fla. Stat. § 744.2112

§ 744.2112. Guardianship information and transparency. (1) The Florida Clerks of Court Operations Corporation and the clerks of court shall establish a statewide database of guardian and guardianship case information to facilitate improving court oversight of guardianship cases. The database may not be operational for end users until on or after July 1, 2023. The database must meet interoperability standards defined by the Florida Courts Technology Commission so that each circuit court can easily access the information for regular use in judicial proceedings under this chapter. The database must include, at a minimum, the following: (a) The registration status of each professional guardian. (b) The substantiated disciplinary history of each professional guardian. (c) The status of each guardian’s compliance with the statutory qualifications for guardianship under s. 744.2003 or s. 744.3145. (d) The status of statutorily required reports and submissions under this chapter. (2)(a) Except as provided under paragraph (3)(b), the database shall be accessible only by members of the judiciary, their direct staff, and court personnel and clerks of court personnel authorized by a judge to assist with guardianship matters. The database must restrict access to the information necessary to perform such individuals’ duties but in no way restrict access by judges or magistrates. (b) The database must be searchable by, at a minimum, the name of the petitioner, ward, guardian, and legal counsel for all parties; the demographic information of the ward; the location of the guardian’s office; the name of the judge and the circuit in which the case is brought; and the number of wards served by each guardian, by ward county of residence. (3) The Florida Clerks of Court Operations Corporation shall: (a) Upload certain professional guardian information from the database to a web page accessible to the general public in a searchable format. Such professional guardian information must be limited to the names of

professional guardians and current data regarding the number of wards served by each guardian, the counties of residence of such wards and the number of wards residing in each county, and whether the wards are under limited or plenary guardianships. Personal identifying information of wards may not be included in the data that is searchable under this paragraph. (b) Generate monthly reports of statewide, circuit-level, and county-level statistical data to provide assistance to the courts and the Department of Elderly Affairs and to provide transparency to the public and the Legislature regarding the state’s guardianship system. The monthly reports shall include only aggregated and deidentified data. The Florida Clerks of Court Operations Corporation shall publish the statistical data reports monthly on the web page under paragraph (a). (c) Generate reports using information in the database at the request of the Legislature, the judiciary, or the Department of Elderly Affairs. (4) The Office of Public and Professional Guardians is directed to share professional guardian registration and disciplinary action information for the purposes of this section. (5)(a) Beginning July 1, 2024, and annually thereafter through July 1, 2027, the Florida Clerks of Court Operations Corporation must compile and report data collected by the clerks of court and the Department of Elderly Affairs and maintained in the database to the Office of Program Policy Analysis and Government Accountability (OPPAGA). (b) OPPAGA must analyze the consolidated data compiled in accordance with paragraph (a) to evaluate trends in the use of guardianships in this state and to conduct a comparative analysis of guardianship laws in other states. OPPAGA must consult with the Office of the State Courts Administrator, the Florida Clerks of Court Operations Corporation, the clerks of court, and the Department of Elderly Affairs during its analysis. OPPAGA shall submit a report containing its findings and recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives by October 15, 2024, and annually thereafter through October 15, 2027. (c) The data compiled and used for the reports required under this subsection must be produced in a statewide, circuit-level, and county-level statistical format. Such reports must include only aggregated and deidentified

data and may not contain personal identifying information of wards. HISTORY: S. 1, ch. 2022-218, effective July 1, 2022.

« Title XLIII. », • Ch. 744. », « Pt. III. » Fla. Stat. Title XLIII, Ch. 744, Pt. III

PART III. TYPES OF GUARDIANSHIP. « Title XLIII. », • Ch. 744. », « Pt. III. », • § 744.301. » Fla. Stat. § 744.301

§ 744.301. Natural guardians. (1) The parents jointly are the natural guardians of their own children and of their adopted children, during minority, unless the parents’ parental rights have been terminated pursuant to chapter 39. If a child is the subject of any proceeding under chapter 39, the parents may act as natural guardians under this section unless the court division with jurisdiction over guardianship matters finds that it is not in the child’s best interests. If one parent dies, the surviving parent remains the sole natural guardian even if he or she remarries. If the marriage between the parents is dissolved, the natural guardianship belongs to the parent to whom sole parental responsibility has been granted, or if the parents have been granted shared parental responsibility, both continue as natural guardians. If the marriage is dissolved and neither parent is given parental responsibility for the child, neither may act as natural guardian of the child. The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise. (2) Except as otherwise provided in this chapter, on behalf of any of their minor children, and without appointment, authority, or bond if the amounts received in the aggregate do not exceed $15,000, natural guardians may: (a) Settle and consummate a settlement of any claim or cause of action accruing to any of their minor children for damages to the person or property of any minor children; (b) Collect, receive, manage, and dispose of the proceeds of any settlement; (c) Collect, receive, manage, and dispose of any real or personal property distributed from an estate or trust;

(d) Collect, receive, manage, and dispose of and make elections regarding the proceeds from a life insurance policy or annuity contract payable to, or otherwise accruing to the benefit of, the child; and (e) Collect, receive, manage, dispose of, and make elections regarding the proceeds of any benefit plan as defined in s. 710.102, of which the minor is a beneficiary, participant, or owner. (3) In addition to the authority granted in subsection (2), natural guardians are authorized, on behalf of any of their minor children, to waive and release, in advance, any claim or cause of action against a commercial activity provider, or its owners, affiliates, employees, or agents, which would accrue to a minor child for personal injury, including death, and property damage resulting from an inherent risk in the activity. (a) As used in this subsection, the term “inherent risk” means those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonably prudent manner. The term includes, but is not limited to: 1. The failure by the activity provider to warn the natural guardian or minor child of an inherent risk; and 2. The risk that the minor child or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of the minor child. A participant does not include the activity provider or its owners, affiliates, employees, or agents. (b) To be enforceable, a waiver or release executed under this subsection must, at a minimum, include the following statement in uppercase type that is at least 5 points larger than, and clearly distinguishable from, the rest of the text of the waiver or release: NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF (name of released party or parties) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR

CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’s RIGHT AND YOUR RIGHT TO RECOVER FROM (name of released party or parties) IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND (name of released party or parties) HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. (c) If a waiver or release complies with paragraph (b) and waives no more than allowed under this subsection, there is a rebuttable presumption that the waiver or release is valid and that any injury or damage to the minor child arose from the inherent risk involved in the activity. 1. To rebut the presumption that the waiver or release is valid, a claimant must demonstrate by a preponderance of the evidence that the waiver or release does not comply with this subsection. 2. To rebut the presumption that the injury or damage to the minor child arose from an inherent risk involved in the activity, a claimant must demonstrate by clear and convincing evidence that the conduct, condition, or other cause resulting in the injury or damage was not an inherent risk of the activity. 3. If a presumption under this paragraph is rebutted, liability and compensatory damages must be established by a preponderance of the evidence. (d) Nothing in this subsection limits the ability of natural guardians, on behalf of any of their minor children, to waive and release, in advance, any claim or cause of action against a noncommercial activity provider, or its owners, affiliates, employees, or agents, to the extent authorized by common law. (4) All instruments executed by a natural guardian for the benefit of the ward under the powers specified in this section are binding on the ward.

The natural guardian may not, without a court order, use the property of the ward for the guardian’s benefit or to satisfy the guardian’s support obligation to the ward. HISTORY: S. 1, ch. 74-106; s. 8, ch. 75-166; s. 7, ch. 75-222; s. 1, ch. 77-190; s. 3, ch. 79-221; s. 17, ch. 89-96; s. 22, ch. 92-200; s. 66, ch. 95-211; s. 73, ch. 97170; s. 11, ch. 2002-195; s. 8, ch. 2005-101; s. 3, ch. 2006-178, eff. July 1, 2006; s. 2, ch. 2010-27, eff. Apr. 27, 2010; s. 1, ch. 2012-48, eff. July 1, 2012; s. 5, ch. 2015-112, effective July 1, 2015. Editor’s Notes Created from former s. 744.13. Section 1, ch. 2015-112, provides: “This act may be cited as ‘The Regis Little Act to Protect Children with Special Needs.’ ”

« Title XLIII. », • Ch. 744. », « Pt. III. », « § 744.3021. » Fla. Stat. § 744.3021

§ 744.3021. Guardians of minors. (1) Except as provided in subsection (4), upon petition of a parent, brother, sister, next of kin, or other person interested in the welfare of a minor, a guardian for a minor may be appointed by the court without the necessity of adjudication pursuant to s. 744.331. A guardian appointed for a minor, whether of the person or property, has the authority of a plenary guardian. (2) A minor is not required to attend the hearing on the petition for appointment of a guardian, unless otherwise directed by the court. (3) In its discretion, the court may appoint an attorney to represent the interests of a minor at the hearing on the petition for appointment of a guardian. (4) If a petition is filed pursuant to this section requesting appointment of a guardian for a minor who is the subject of any proceeding under chapter 39 and who is aged 17 years and 6 months or older, the court division with jurisdiction over guardianship matters has jurisdiction over the proceedings under s. 744.331. The alleged incapacitated minor under this subsection shall be provided all the due process rights conferred upon an alleged incapacitated adult pursuant to this chapter and applicable court rules. The order of adjudication under s. 744.331 and the letters of limited or plenary guardianship may issue upon the minor’s 18th birthday or as soon thereafter as possible. Any proceeding pursuant to this subsection shall be conducted separately from any other proceeding. HISTORY: S. 9, ch. 90-271; s. 6, ch. 2015-112, effective July 1, 2015. Editor’s Notes Section 1, ch. 2015-112, provides: “This act may be cited as ‘The Regis Little Act to Protect Children with Special Needs.’ ”

« Title XLIII. », • Ch. 744. », « Pt. III. », « § 744.3025. » Fla. Stat. § 744.3025

§ 744.3025. Claims of minors. (1)(a) The court may appoint a guardian ad litem to represent the minor’s interest before approving a settlement of the minor’s portion of the claim in a case in which a minor has a claim for personal injury, property damage, wrongful death, or other cause of action in which the gross settlement of the claim exceeds $15,000 if the court believes a guardian ad litem is necessary to protect the minor’s interest. (b) Except as provided in paragraph (e), the court shall appoint a guardian ad litem to represent the minor’s interest before approving a settlement of the minor’s claim in a case in which the gross settlement involving a minor equals or exceeds $50,000. (c) The appointment of the guardian ad litem must be without the necessity of bond or notice. (d) The duty of the guardian ad litem is to protect the minor’s interests as described in the Florida Probate Rules. (e) A court need not appoint a guardian ad litem for the minor if a guardian of the minor has previously been appointed and that guardian has no potential adverse interest to the minor. (2) Unless waived, the court shall award reasonable fees and costs to the guardian ad litem to be paid out of the gross proceeds of the settlement. (3) A settlement of a claim pursuant to this section is subject to the confidentiality provisions of this chapter. HISTORY: S. 4, ch. 2006-178, eff. July 1, 2006; s. 5, ch. 2015-83, effective July 1, 2015. Editor’s Notes Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107,

744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », « Pt. III. », « § 744.3031. » Fla. Stat. § 744.3031

§ 744.3031. Emergency temporary guardianship. (1) A court, prior to appointment of a guardian but after a petition for determination of incapacity has been filed pursuant to this chapter, may appoint an emergency temporary guardian for the person or property, or both, of an alleged incapacitated person. The court must specifically find that there appears to be imminent danger that the physical or mental health or safety of the person will be seriously impaired or that the person’s property is in danger of being wasted, misappropriated, or lost unless immediate action is taken. The subject of the proceeding or any adult interested in the welfare of that person may apply to the court in which the proceeding is pending for the emergency appointment of a temporary guardian. The powers and duties of the emergency temporary guardian must be specifically enumerated by court order. The court shall appoint counsel to represent the alleged incapacitated person during any such summary proceedings, and such appointed counsel may request that the proceeding be recorded and transcribed. (2) Notice of filing of the petition for appointment of an emergency temporary guardian and a hearing on the petition must be served on the alleged incapacitated person and on the alleged incapacitated person’s attorney at least 24 hours before the hearing on the petition is commenced, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given. (3) The court may appoint an emergency temporary guardian on its own motion if no petition for appointment of guardian has been filed at the time of entry of an order determining incapacity. (4) The authority of an emergency temporary guardian expires 90 days after the date of appointment or when a guardian is appointed, whichever occurs first. The authority of the emergency temporary guardian may be extended for an additional 90 days upon a showing that the emergency conditions still exist. (5) The court may issue an injunction, restraining order, or other appropriate writ to protect the physical or mental health or safety of the

person who is the ward of the emergency temporary guardianship. (6) The emergency temporary guardian shall take an oath to faithfully perform the duties of a guardian before letters of emergency temporary guardianship are issued. (7) Before exercising authority as guardian, the emergency temporary guardian of the property may be required to file a bond in accordance with s. 744.351. (8) An emergency temporary guardian’s authority and responsibility begins upon issuance of letters of emergency temporary guardianship in accordance with s. 744.345. (9)(a) An emergency temporary guardian shall file a final report no later than 30 days after the expiration of the emergency temporary guardianship. (b) A court may not authorize any payment of the emergency temporary guardian’s final fees or the final fees of his or her attorney until the final report is filed. (c) If an emergency temporary guardian is a guardian for the property, the final report must consist of a verified inventory of the property, as provided in s. 744.365, as of the date the letters of emergency temporary guardianship were issued, a final accounting that gives a full and correct account of the receipts and disbursements of all the property of the ward over which the guardian had control, and a statement of the property of the ward on hand at the end of the emergency temporary guardianship. If the emergency temporary guardian becomes the successor guardian of the property, the final report must satisfy the requirements of the initial guardianship report for the guardian of the property as provided in s. 744.362. (d) If the emergency temporary guardian is a guardian of the person, the final report must summarize the activities of the temporary guardian with regard to residential placement, medical condition, mental health and rehabilitative services, and the social condition of the ward to the extent of the authority granted to the temporary guardian in the letters of guardianship. If the emergency temporary guardian becomes the successor guardian of the person, the report must satisfy the requirements of the initial report for a guardian of the person as stated in s. 744.362. (e) A copy of the final report of the emergency temporary guardianship

shall be served on the successor guardian and the ward. HISTORY: S. 19, ch. 89-96; s. 10, ch. 90-271; s. 1070, ch. 97-102; s. 5, ch. 2006-178, eff. July 1, 2006; s. 6, ch. 2015-83, effective July 1, 2015. Editor’s Notes Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », « Pt. III. », « § 744.304. » Fla. Stat. § 744.304

§ 744.304. Standby guardianship. (1) Upon a petition by the natural guardians or a guardian appointed under s. 744.3021, the court may appoint a standby guardian of the person or property of a minor. The court may also appoint an alternate to the guardian to act if the standby guardian does not serve or ceases to serve after appointment. Notice of a hearing on the petition must be served on the parents, natural or adoptive, and on any guardian currently serving unless the notice is waived in writing by them or waived by the court for good cause shown. (2) Upon petition of a currently serving guardian, a standby guardian of the person or property of an incapacitated person may be appointed by the court. Notice of the hearing shall be served on the ward’s next of kin. (3) The standby guardian or alternate shall be empowered to assume the duties of guardianship immediately on the death, removal, or resignation of the guardian of a minor, or on the death or adjudication of incapacity of the last surviving natural guardian of a minor, or upon the death, removal, or resignation of the guardian for an adult. The guardian of the ward’s property may not be empowered to deal with the ward’s property, other than to safeguard it, before issuance of letters of guardianship. If the ward is over the age of 18 years, the court shall conduct a hearing as provided in s. 744.331 before confirming the appointment of the standby guardian, unless the ward has previously been found to be incapacitated. (4) Within 20 days after assumption of duties as guardian, a standby guardian shall petition for confirmation of appointment. If the court finds the standby guardian to be qualified to serve as guardian under ss. 744.309 and 744.312, appointment of the guardian must be confirmed. Each guardian so confirmed shall file an oath in accordance with s. 744.347, shall file a bond, and shall submit to a credit and a criminal history record check as set forth in s. 744.3135, if required. Letters of guardianship must then be issued in the manner provided in s. 744.345. (5) After the assumption of duties by a standby guardian, the court shall have jurisdiction over the guardian and the ward.

HISTORY: S. 1, ch. 74-106; s. 7, ch. 75-222; s. 1, ch. 77-174; s. 20, ch. 89-96; s. 11, ch. 90-271; s. 1071, ch. 97-102; s. 6, ch. 2006-178, eff. July 1, 2006. Editor’s notes. Created from former s. 744.72.

« Title XLIII. », • Ch. 744. », « Pt. III. », « § 744.3045. » Fla. Stat. § 744.3045

§ 744.3045. Preneed guardian. (1) A competent adult may name a preneed guardian by making a written declaration that names such guardian to serve in the event of the declarant’s incapacity. (2) The written declaration must reasonably identify the declarant and preneed guardian and be signed by the declarant in the presence of at least two attesting witnesses present at the same time. (3) The declarant may file the declaration with the clerk of the court. When a petition for incapacity is filed, the clerk shall produce the declaration. (4) Production of the declaration in a proceeding for incapacity shall constitute a rebuttable presumption that the preneed guardian is entitled to serve as guardian. The court shall not be bound to appoint the preneed guardian if the preneed guardian is found to be unqualified to serve as guardian. (5) The preneed guardian shall assume the duties of guardian immediately upon an adjudication of incapacity. (6) If the preneed guardian refuses to serve, a written declaration appointing an alternate preneed guardian constitutes a rebuttable presumption that such preneed guardian is entitled to serve as guardian. The court is not bound to appoint the alternate preneed guardian if the alternate preneed guardian is found to be unqualified to serve as guardian. (7) Within 20 days after assumption of duties as guardian, a preneed guardian shall petition for confirmation of appointment. If the court finds the preneed guardian to be qualified to serve as guardian pursuant to ss. 744.309 and 744.312, appointment of the guardian must be confirmed. Each guardian so confirmed shall file an oath in accordance with s. 744.347 and shall file a bond, if required. Letters of guardianship must then be issued in the manner provided in s. 744.345. HISTORY:

S. 21, ch. 89-96; s. 12, ch. 90-271.

« Title XLIII. », • Ch. 744. », « Pt. III. », « § 744.3046. » Fla. Stat. § 744.3046

§ 744.3046. Preneed guardian for minor. (1) Both parents, natural or adoptive, if living, or the surviving parent, may nominate a preneed guardian of the person or property or both of the parent’s minor child by making a written declaration that names such guardian to serve if the minor’s last surviving parent becomes incapacitated or dies. The declarant or declarants may also name an alternate to the guardian to act if the designated preneed guardian refuses to serve, renounces the appointment, dies, or becomes incapacitated after the death of the last surviving parent of the minor. (2) The written declaration must reasonably identify the declarant or declarants and the designated preneed guardian and must be signed by the declarant or declarants in the presence of at least two attesting witnesses present at the same time. The written declaration must also provide the following information for each minor child named in such declaration: the full name as it appears on the birth certificate or as ordered by a court, date of birth, and social security number, if any. (3) The declarant must file the declaration with the clerk of the court. When a petition for incapacity of the last surviving parent or the appointment of a guardian upon the death of the last surviving parent is filed, the clerk shall produce the declaration. (4) Production of the declaration in a proceeding to determine incapacity of the last surviving parent, or in a proceeding to appoint a guardian upon the death of the last surviving parent, constitutes a rebuttable presumption that the designated preneed guardian is entitled to serve as guardian. The court is not bound to appoint the designated preneed guardian if the designated preneed guardian is found to be unqualified to serve as guardian. (5) The preneed guardian shall assume the duties of guardian immediately upon an adjudication of incapacity of the last surviving parent or the death of the last surviving parent. (6) If the preneed guardian refuses to serve, a written declaration appointing an alternate preneed guardian constitutes a rebuttable

presumption that the alternate preneed guardian is entitled to serve as guardian. The court is not bound to appoint the alternate preneed guardian if the alternate preneed guardian is found to be unqualified to serve as guardian. (7) Within 20 days after assumption of duties as guardian, a preneed guardian shall petition for confirmation of appointment. If the court finds the preneed guardian to be qualified to serve as guardian, appointment of the guardian must be confirmed. Each guardian so confirmed shall file an oath in accordance with s. 744.347 and shall file a bond, if the court requires a bond. Letters of guardianship must then be issued in the manner provided in s. 744.345. (8) The clerk shall maintain all declarations filed pursuant to this section until: (a) A petition for incapacity of the last surviving parent is filed or petition for the appointment of a guardian upon the death of the last surviving parent is filed as provided in subsection (3); or (b) All minor children named in the declaration have reached the age of majority. The clerk may dispose of such written declaration in accordance with law. HISTORY: S. 23, ch. 92-200.

« Title XLIII. », • Ch. 744. », « Pt. III. », « § 744.306. » Fla. Stat. § 744.306

§ 744.306. Foreign guardians. (1) When the residence of a ward of a foreign guardian is moved to this state, the guardian shall, within 60 days after such change of residence, file the authenticated order of her or his appointment with the clerk of the court in the county where the ward resides. Such order shall be recognized and given full faith and credit in the courts of this state. The guardian and the ward are subject to this chapter. (2) A guardian appointed in any state, territory, or country may maintain or defend any action in this state as a representative of her or his ward. (3) Debtors who have received no written demand for payment from a guardian appointed in this state within 60 days after the appointment of a guardian, curator, conservator, or committee in any state, territory, or country other than this state, and whose property in this state is subject to a mortgage or other lien securing the debt held by the foreign guardian, curator, conservator, or committee, may pay the debt to the foreign guardian, curator, conservator, or committee after the expiration of 60 days from the date of her or his appointment. A satisfaction of the mortgage or lien, executed after the 60 days have expired by the foreign guardian, curator, conservator, or committee, with an authenticated copy of the letters or other evidence of authority of the foreign guardian, curator, conservator, or committee attached, may be recorded in the public records of this state and shall constitute an effective discharge of the mortgage or lien, irrespective of whether the debtor had received written demand before paying the debt. (4) All persons indebted to a ward, or having possession of personal property belonging to a ward, who have received no written demand for payment of the indebtedness or the delivery of the property from a guardian appointed in this state are authorized to pay the indebtedness or to deliver the personal property to the foreign guardian, curator, conservator, or committee after the expiration of the 60 days from the date of her or his appointment. HISTORY:

S. 1, ch. 74-106; s. 7, ch. 75-222; s. 23, ch. 89-96; s. 1072, ch. 97-102. Editor’s notes. Created from former s. 744.15.

« Title XLIII. », • Ch. 744. », « Pt. III. », « § 744.307. » Fla. Stat. § 744.307

§ 744.307. Foreign guardian may manage the property of nonresident ward. (1) A guardian of the property of a nonresident ward, duly appointed by a court of another state, territory, or country, who desires to manage any part or all of the property of the ward located in this state, may file a petition showing his or her appointment, describing the property, stating its estimated value, and showing the indebtedness, if any, existing against the ward in this state, to the best of the guardian’s knowledge and belief. (2) The guardian shall designate a resident agent as required by the Florida Probate Rules. (3) The guardian shall file authenticated copies of his or her letters of guardianship or other authority and of his or her bond or other security. The court shall determine if the foreign bond or other security is sufficient to guarantee the faithful management of the ward’s property in this state. The court may require a new guardian’s bond in this state in the amount it deems necessary and conditioned for the proper management and application of the property of the ward coming into the custody of the guardian in this state. (4) Thereafter, the guardianship shall be governed by the law concerning guardianships. HISTORY: S. 1, ch. 74-106; s. 7, ch. 75-222; s. 24, ch. 89-96; s. 67, ch. 95-211; s. 1073, ch. 97-102. Editor’s notes. Created from former s. 744.16.

« Title XLIII. », • Ch. 744. », « Pt. III. », « § 744.308. » Fla. Stat. § 744.308

§ 744.308. Resident guardian of the property of nonresident ward. (1) The court may appoint a person qualified under s. 744.309 as guardian of a nonresident ward’s property upon the petition of a foreign guardian, next of kin, or creditor of the ward, regardless of whether he or she has a foreign guardian or not. (2) The petition for the appointment of a guardian for the property of a nonresident ward shall be in writing and shall be prepared in accordance with the requirements of s. 744.334. (3) If it is alleged that the incapacity is due to mental or physical incapacity, the petition shall be accompanied by an authenticated copy of the adjudication of incapacity from the qualified authorities in the state, territory, or country where the incapacitated person is domiciled and shall state whether the incapacitated person is in the custody of any person or institution and, if so, the name and post office address of the custodian. The adjudication shall constitute prima facie proof of the incapacity. (4) If the question about the mental or physical incapacity of a nonresident is presented while the nonresident is temporarily residing in this state and he or she is not under an adjudication of incapacity made in some other state, territory, or country, the procedure for the appointment of a guardian of the nonresident’s property shall be the same as though he or she were a resident of this state. (5) When the ground for the appointment of a guardian is incapacity for which the person has been adjudicated in another state, territory, or country, notice of the hearing shall be served personally or by registered mail on the ward and the ward’s next of kin and legal custodian, if any, at least 20 days before the hearing. (6) In the appointment of the guardian, the court shall be governed by s. 744.312. (7) The duties, powers, and liabilities for the custody, control, management, and disposition of the ward’s property and removal, accounting, and discharge shall be governed by the law applicable to

guardians of property of resident wards. HISTORY: S. 1, ch. 74-106; s. 7, ch. 75-222; s. 1, ch. 77-174; s. 25, ch. 89-96; s. 13, ch. 90-271; s. 1074, ch. 97-102. Editor’s notes. Created from former ss. 744.18, 744.19, 744.21, 744.25, 744.26.

« Title XLIII. », • Ch. 744. », « Pt. III. », « § 744.3085. • Fla. Stat. § 744.3085

§ 744.3085. Guardian advocates. A circuit court may appoint a guardian advocate, without an adjudication of incapacity, for a person with developmental disabilities if the person lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person, property, or estate, or if the person has voluntarily petitioned for the appointment of a guardian advocate. Unless otherwise specified, the proceeding shall be governed by the Florida Probate Rules. In accordance with the legislative intent of this chapter, courts are encouraged to consider appointing a guardian advocate, when appropriate, as a less restrictive form of guardianship. HISTORY: S. 11, ch. 2004-260.

« Title XLIII. », • Ch. 744. », « Pt. IV. » Fla. Stat. Title XLIII, Ch. 744, Pt. IV

PART IV. GUARDIANS. « Title XLIII. », • Ch. 744. », « Pt. IV. », • § 744.309. » Fla. Stat. § 744.309

§ 744.309. Who may be appointed guardian of a resident ward. (1) Resident. — (a) Any resident of this state who is sui juris and is 18 years of age or older is qualified to act as guardian of a ward. (b) No judge shall act as guardian after this law becomes effective, except when he or she is related to the ward by blood, marriage, or adoption, or has maintained a close relationship with the ward or the ward’s family, and serves without compensation. (2) Nonresident. — A nonresident of the state may serve as guardian of a resident ward if he or she is: (a) Related by lineal consanguinity to the ward; (b) A legally adopted child or adoptive parent of the ward; (c) A spouse, brother, sister, uncle, aunt, niece, or nephew of the ward, or someone related by lineal consanguinity to any such person; or (d) The spouse of a person otherwise qualified under this section. (3) Disqualified persons. — No person who has been convicted of a felony or who, from any incapacity or illness, is incapable of discharging the duties of a guardian, or who is otherwise unsuitable to perform the duties of a guardian, shall be appointed to act as guardian. Further, no person who has been judicially determined to have committed abuse, abandonment, or neglect against a child as defined in s. 39.01 or s. 984.03(1), (2), and (37), or who has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction, shall be appointed to act as a guardian. Except as provided in subsection (5) or subsection (6), a person who provides substantial services to the proposed ward in a professional or business capacity, or a creditor of the proposed

ward, may not be appointed guardian and retain that previous professional or business relationship. A person may not be appointed a guardian if he or she is in the employ of any person, agency, government, or corporation that provides service to the proposed ward in a professional or business capacity, except that a person so employed may be appointed if he or she is the spouse, adult child, parent, or sibling of the proposed ward or the court determines that the potential conflict of interest is insubstantial and that the appointment would clearly be in the proposed ward’s best interest. The court may not appoint a guardian in any other circumstance in which a conflict of interest may occur. (4) Trust company, state bank or savings association, or national bank or federal savings and loan association. — A trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state may act as guardian of the property of the ward. (5) Nonprofit corporate guardian. — A nonprofit corporation organized for religious or charitable purposes and existing under the laws of this state may be appointed guardian for a ward. If the nonprofit corporate guardian charges fees against the assets or property of the ward for its services, the corporation must employ at least one professional guardian. (6) Health care provider. — A provider of health care services to the ward, whether direct or indirect, may not be appointed the guardian of the ward, unless the court specifically finds that there is no conflict of interest with the ward’s best interests. (7) For-profit corporate guardian. — A for-profit corporate guardian existing under the laws of this state is qualified to act as guardian of a ward if the entity is qualified to do business in the state, is wholly owned by the person who is the circuit’s public guardian in the circuit where the corporate guardian is appointed, has met the registration requirements of s. 744.2002, and posts and maintains a bond or insurance policy under paragraph (a). (a) The for-profit corporate guardian must meet one of the following

requirements: 1. Post and maintain a blanket fiduciary bond of at least $250,000 with the clerk of the circuit court in the county in which the corporate guardian has its principal place of business. The corporate guardian shall provide proof of the fiduciary bond to the clerks of each additional circuit court in which he or she is serving as a guardian. The bond must cover all wards for whom the corporation has been appointed as a guardian at any given time. The liability of the provider of the bond is limited to the face value of the bond, regardless of the number of wards for whom the corporation is acting as a guardian. The terms of the bond must cover the acts or omissions of each agent or employee of the corporation who has direct contact with the ward or access to the assets of the guardianship. The bond must be payable to the Governor and his or her successors in office and be conditioned on the faithful performance of all duties of a guardian under this chapter. The bond is in lieu of and not in addition to the bond required under s. 744.2003 but is in addition to any bonds required under s. 744.351. The expenses incurred to satisfy the bonding requirements of this section may not be paid with the assets of any ward; or 2. Maintain a liability insurance policy that covers any losses sustained by the guardianship caused by errors, omissions, or any intentional misconduct committed by the corporation’s officers or agents. The policy must cover all wards for whom the corporation is acting as a guardian for losses up to $250,000. The terms of the policy must cover acts or omissions of each agent or employee of the corporation who has direct contact with the ward or access to the assets of the guardianship. The corporate guardian shall provide proof of the policy to the clerk of each circuit court in which he or she is serving as a guardian. (b) A for-profit corporation appointed as guardian before July 1, 2015, is also qualified to serve as a guardian in the particular guardianships in which the corporation has already been appointed as guardian. HISTORY: S. 1, ch. 74-106; s. 8, ch. 75-222; s. 4, ch. 79-221; s. 7, ch. 81-27; s. 2, ch. 83-139; s. 26, ch. 89-96; s. 14, ch. 90-271; s. 1, ch. 96-184; s. 5, ch. 96-354; s. 1781, ch. 97-102; s. 48, ch. 98-280; s. 159, ch. 98-403; s. 8, ch. 2000-135;

s. 110, ch. 2000-349; s. 4, ch. 2002-195; s. 31, ch. 2004-267; s. 53, ch. 2010114, eff. Aug. 1, 2010; s. 7, ch. 2015-83, effective July 1, 2015; s. 36, ch. 2016-40, effective March 10, 2016. Editor’s Notes Section 31, ch. 2004-267, reenacted (3) without change to incorporate amendments to statutory sections referenced therein. Created from former s. 744.27. Section 58, ch. 2010-114 provides: “The changes made by this act are intended to be prospective in nature. It is not intended that persons who are employed or licensed on the effective date of this act be rescreened until such time as they are otherwise required to be rescreened pursuant to law, at which time they must meet the requirements for screening as set forth in this act.” Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », « Pt. IV. », « § 744.3115. » Fla. Stat. § 744.3115

§ 744.3115. Advance directives for health care. In each proceeding in which a guardian is appointed under this chapter, the court shall determine whether the ward, prior to incapacity, has executed any valid advance directive under chapter 765. If any advance directive exists, the court shall specify in its order and letters of guardianship what authority, if any, the guardian shall exercise over the ward with regard to health care decisions and what authority, if any, the surrogate shall continue to exercise over the ward with regard to health care decisions. Pursuant to the grounds listed in s. 765.105, the court, upon its own motion, may, with notice to the surrogate and any other appropriate parties, modify or revoke the authority of the surrogate to make health care decisions for the ward. Any order revoking or modifying the authority of the surrogate must be supported by specific written findings of fact. If the court order provides that the guardian is responsible for making health care decisions for the ward, the guardian shall assume the responsibilities of the surrogate which are provided in s. 765.205. For purposes of this section, the term “health care decision” has the same meaning as in s. 765.101. HISTORY: S. 6, ch. 92-199; s. 1, ch. 94-183; s. 7, ch. 2006-178, eff. July 1, 2006; s. 8, ch. 2015-83, effective July 1, 2015. Editor’s Notes Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », « Pt. IV. », « § 744.312. » Fla. Stat. § 744.312

§ 744.312. Considerations in appointment of guardian. (1) If the person designated is qualified to serve pursuant to s. 744.309, the court shall appoint any standby guardian or preneed guardian, unless the court determines that appointing such person is contrary to the best interests of the ward. (2) If a guardian cannot be appointed under subsection (1), the court may appoint any person who is fit and proper and qualified to act as guardian, whether related to the ward or not. The court shall give preference to the appointment of a person who: (a) Is related by blood or marriage to the ward; (b) Has educational, professional, or business experience relevant to the nature of the services sought to be provided; (c) Has the capacity to manage the financial resources involved; or (d) Has the ability to meet the requirements of the law and the unique needs of the individual case. (3) The court shall also: (a) Consider the wishes expressed by an incapacitated person as to who shall be appointed guardian. (b) Consider the preference of a minor who is age 14 or over as to who should be appointed guardian. (c) Consider any person designated as guardian in any will in which the ward is a beneficiary. (d) Consider the wishes of the ward’s next of kin, when the ward cannot express a preference. (e) Inquire into and consider potential disqualifications under s. 744.309 and potential conflicts of interest under s. 744.446. (4) Except when a standby guardian or a preneed guardian is appointed by the court:

(a) In each case when a court appoints a professional guardian and does not use a rotation system for such appointment, the court must make specific findings of fact stating why the person was selected as guardian in the particular matter involved. The findings must reference each of the factors listed in subsections (2) and (3). (b) An emergency temporary guardian who is a professional guardian may not be appointed as the permanent guardian of a ward unless one of the next of kin of the alleged incapacitated person or the ward requests that the professional guardian be appointed as permanent guardian. The court may waive the limitations of this paragraph if the special requirements of the guardianship demand that the court appoint a guardian because he or she has special talent or specific prior experience. The court must make specific findings of fact that justify waiving the limitations of this paragraph. (5) The court may not give preference to the appointment of a person under subsection (2) based solely on the fact that such person was appointed by the court to serve as an emergency temporary guardian. HISTORY: S. 1, ch. 74-106; s. 12, ch. 75-222; s. 1, ch. 77-174; s. 5, ch. 79-221; s. 27, ch. 89-96; s. 15, ch. 90-271; s. 9, ch. 2015-83, effective July 1, 2015; s. 1, ch. 2020-35, effective July 1, 2020. Editor’s Notes Created from former s. 744.35. Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », « Pt. IV. », « § 744.3125. » Fla. Stat. § 744.3125

§ 744.3125. Application for appointment. (1) Every prospective guardian must complete an application for appointment as guardian. The application must list the person’s qualifications to serve as a guardian. (2) A person may not be appointed a guardian unless the person discloses in the application form the names of all wards for whom the person is currently acting as a guardian. The application must identify each ward by court file number and circuit court in which the case is pending and must state whether the person is acting as the limited or plenary guardian of the person or property or both. (3) This section does not apply to corporate guardians other than nonprofit corporate guardians or to public guardians. (4) Nonprofit corporate guardians must file quarterly with the clerk of court disclosure statements that contain the information required under subsections (1) and (2), rather than filing a guardianship application with each petition to be appointed guardian. HISTORY: S. 29, ch. 89-96; s. 16, ch. 90-271; s. 1075, ch. 97-102.

« Title XLIII. », • Ch. 744. », « Pt. IV. », « § 744.3135. » Fla. Stat. § 744.3135

§ 744.3135. Credit and criminal investigation. (1) The court shall require all guardians who are seeking appointment by the court, other than a corporate guardian as described in s. 744.309(4), and all employees of a professional guardian, other than a corporate guardian as described in s. 744.309(4), who have a fiduciary responsibility to a ward, to submit, at their own expense, to a credit history investigation and to undergo level 2 background screening as required under s. 435.04. On petition by any interested person or on the court’s own motion, the court may waive the requirement of a credit history investigation or a level 2 background screening, or both. If appointed, a nonprofessional guardian may petition the court for reimbursement of the reasonable expenses of the credit history investigation and background screening. The court must consider the results of any investigation before appointing a guardian. At any time, the court may require a guardian or the guardian’s employees to submit to an investigation of the person’s credit history and complete a level 1 or level 2 background screening pursuant to s. 435.03. The court shall consider the results of any investigation in determining whether to reappoint a guardian. The clerk of the court shall maintain a file on each guardian appointed by the court and retain in the file documentation of the result of any investigation conducted under this section. A professional guardian shall pay the clerk of the court a fee of up to $7.50 for handling and processing professional guardian files. (2) For nonprofessional guardians, the court shall accept the satisfactory completion of a criminal history record check as described in this subsection. A nonprofessional guardian satisfies the requirements of this section by undergoing a state and national criminal history record check using fingerprints. Any nonprofessional guardian who is so required shall have his or her fingerprints taken and forward them along with the necessary fee to the Department of Law Enforcement for processing. The results of the fingerprint criminal history record check shall be forwarded to the clerk of the court, who shall maintain the results in the nonprofessional guardian’s file and make the results available to the court. (3) For professional guardians, the court and the Office of Public and

Professional Guardians shall accept the satisfactory completion of a criminal history record check by any method described in this subsection. A professional guardian satisfies the requirements of this section by undergoing an electronic fingerprint criminal history record check. A professional guardian may use any electronic fingerprinting equipment used for criminal history record checks. By October 1, 2016, the Office of Public and Professional Guardians shall adopt a rule detailing the acceptable methods for completing an electronic fingerprint criminal history record check under this section. The professional guardian shall pay the actual costs incurred by the Federal Bureau of Investigation and the Department of Law Enforcement for the criminal history record check. The entity completing the record check must immediately send the results of the criminal history record check to the clerk of the court and the Office of Public and Professional Guardians. The clerk of the court shall maintain the results in the professional guardian’s file and shall make the results available to the court. (4)(a) A professional guardian, and each employee of a professional guardian who has a fiduciary responsibility to a ward, must complete, at his or her own expense, a level 2 background screening as set forth in s. 435.04 before and at least once every 5 years after the date the guardian is registered. A professional guardian, and each employee of a professional guardian who has a fiduciary responsibility to a ward, must complete, at his or her own expense, a level 1 background screening as set forth in s. 435.03 at least once every 2 years after the date the guardian is registered. However, a professional guardian is not required to resubmit fingerprints for a criminal history record check if he or she has been screened using electronic fingerprinting equipment and the fingerprints are retained by the Department of Law Enforcement in order to notify the clerk of the court of any crime charged against the person in this state or elsewhere, as appropriate. (b) All fingerprints electronically submitted to the Department of Law Enforcement under this section shall be retained by the Department of Law Enforcement in a manner provided by rule and entered in the statewide automated biometric identification system authorized by s. 943.05(2)(b). The fingerprints shall thereafter be available for all purposes and uses authorized for arrest fingerprints entered in the Criminal Justice Information Program

under s. 943.051. (c) The Department of Law Enforcement shall search all arrest fingerprints received under s. 943.051 against the fingerprints retained in the statewide automated biometric identification system under paragraph (b). Any arrest record that is identified with the fingerprints of a person described in this paragraph must be reported to the clerk of court. The clerk of court must forward any arrest record received for a professional guardian to the Office of Public and Professional Guardians within 5 days. Each professional guardian who elects to submit fingerprint information electronically shall participate in this search process by paying an annual fee to the Office of Public and Professional Guardians of the Department of Elderly Affairs and by informing the clerk of court and the Office of Public and Professional Guardians of any change in the status of his or her guardianship appointment. The amount of the annual fee to be imposed for performing these searches and the procedures for the retention of professional guardian fingerprints and the dissemination of search results shall be established by rule of the Department of Law Enforcement. At least once every 5 years, the Office of Public and Professional Guardians must request that the Department of Law Enforcement forward the fingerprints maintained under this section to the Federal Bureau of Investigation. (5)(a) A professional guardian, and each employee of a professional guardian who has a fiduciary responsibility to a ward, must complete, at his or her own expense, an investigation of his or her credit history before and at least once every 2 years after the date of the guardian’s registration with the Office of Public and Professional Guardians. (b) By October 1, 2016, the Office of Public and Professional Guardians shall adopt a rule detailing the acceptable methods for completing a credit investigation under this section. If appropriate, the Office of Public and Professional Guardians may administer credit investigations. If the office chooses to administer the credit investigation, the office may adopt a rule setting a fee, not to exceed $25, to reimburse the costs associated with the administration of a credit investigation. (6) The Office of Public and Professional Guardians may inspect at any time the results of any credit or criminal history record check of a public or professional guardian conducted under this section. The office shall

maintain copies of the credit or criminal history record check results in the guardian’s registration file. If the results of a credit or criminal investigation of a public or professional guardian have not been forwarded to the Office of Public and Professional Guardians by the investigating agency, the clerk of the court shall forward copies of the results of the investigations to the office upon receiving them. (7) The requirements of this section do not apply to a professional guardian, or to the employees of a professional guardian, that is a trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state. HISTORY: S. 30, ch. 89-96; s. 1076, ch. 97-102; s. 2, ch. 97-161; s. 10, ch. 99-277; s. 5, ch. 2002-195; s. 10, ch. 2003-57; s. 114, ch. 2003-402; s. 12, ch. 2004-260; s. 22, ch. 2004-267; s. 8, ch. 2006-178, eff. July 1, 2006; s. 1, ch. 2007-127, eff. July 1, 2007; s. 58, ch. 2013-116, eff. July 1, 2013; s. 2, ch. 2014-124, effective July 1, 2014; s. 27, ch. 2016-40, effective March 10, 2016. Editor’s notes. Section 22, ch. 2004-267, reenacted this section without change to incorporate amendments to statutory sections referenced therein.

« Title XLIII. », • Ch. 744. », « Pt. IV. », « § 744.3145. • Fla. Stat. § 744.3145

§ 744.3145. Guardian education requirements. (1) Each ward is entitled to a guardian competent to perform the duties of a guardian necessary to protect the interests of the ward. (2) Each person appointed by the court to be a guardian, other than a parent who is the guardian of the property of a minor child, must receive a minimum of 8 hours of instruction and training which covers: (a) The legal duties and responsibilities of the guardian; (b) The rights of the ward; (c) The availability of local resources to aid the ward; and (d) The preparation of habilitation plans and annual guardianship reports, including financial accounting for the ward’s property. (3) Each person appointed by the court to be the guardian of the property of his or her minor child must receive a minimum of 4 hours of instruction and training that covers: (a) The legal duties and responsibilities of the guardian of the property; (b) The preparation of the initial inventory and annual guardianship accountings for the ward’s property; and (c) Use of guardianship assets. (4) Each person appointed by the court to be a guardian must complete the required number of hours of instruction and education within 4 months after his or her appointment as guardian. The instruction and education must be completed through a course approved by the chief judge of the circuit court and taught by a court-approved organization. Court-approved organizations may include, but are not limited to, community or junior colleges, guardianship organizations, and the local bar association or The Florida Bar. (5) Expenses incurred by the guardian to satisfy the education requirement may be paid from the ward’s estate, unless the court directs that such expenses be paid by the guardian individually.

(6) The court may, in its discretion, waive some or all of the requirements of this section or impose additional requirements. The court shall make its decision on a case-by-case basis and, in making its decision, shall consider the experience and education of the guardian, the duties assigned to the guardian, and the needs of the ward. (7) The provisions of this section do not apply to professional guardians. HISTORY: S. 31, ch. 89-96; s. 17, ch. 90-271; s. 1077, ch. 97-102; s. 3, ch. 97-161; s. 11, ch. 2003-57; s. 9, ch. 2006-178, eff. July 1, 2006.

« Title XLIII. », • Ch. 744. », « Pt. V. » Fla. Stat. Title XLIII, Ch. 744, Pt. V

PART V. ADJUDICATION OF INCAPACITY AND APPOINTMENT OF GUARDIANS. « Title XLIII. », • Ch. 744. », « Pt. V. », • § 744.3201. » Fla. Stat. § 744.3201

§ 744.3201. Petition to determine incapacity. (1) A petition to determine incapacity of a person may be executed by an adult person. (2) The petition must be verified and must: (a) State the name, age, and present address of the petitioner and his or her relationship to the alleged incapacitated person; (b) State the name, age, county of residence, and present address of the alleged incapacitated person; (c) Specify the primary language spoken by the alleged incapacitated person, if known; (d) Allege that the petitioner believes the alleged incapacitated person to be incapacitated and specify the factual information on which such belief is based and the names and addresses of all persons known to the petitioner who have knowledge of such facts through personal observations; (e) State the name and address of the alleged incapacitated person’s attending or family physician, if known; (f) State which rights enumerated in s. 744.3215 the alleged incapacitated person is incapable of exercising, to the best of petitioner’s knowledge. If the petitioner has insufficient experience to make such judgments, the petition must so state; and (g) State the names, relationships, and addresses of the next of kin of the alleged incapacitated person, so far as are known, specifying the dates of birth of any who are minors. (3) A copy of any petition for appointment of guardian or emergency temporary guardian, if applicable, shall be filed with the petition to

determine incapacity. HISTORY: S. 33, ch. 89-96; s. 18, ch. 90-271; s. 22, ch. 95-401; s. 1078, ch. 97-102.

« Title XLIII. », • Ch. 744. », « Pt. V. », « § 744.3203. » Fla. Stat. § 744.3203

§ 744.3203. Suspension of power of attorney before incapacity determination. (1) At any time during proceedings to determine incapacity but before the entry of an order determining incapacity, the authority granted under an alleged incapacitated person’s power of attorney to a parent, spouse, child, or grandchild is suspended when the petitioner files a motion stating that a specific power of attorney should be suspended for any of the following grounds: (a) The agent’s decisions are not in accord with the alleged incapacitated person’s known desires. (b) The power of attorney is invalid. (c) The agent has failed to discharge his or her duties or incapacity or illness renders the agent incapable of discharging duties. (d) The agent has abused powers. (e) There is a danger that the property of the alleged incapacitated person may be wasted, misappropriated, or lost unless the authority under the power of attorney is suspended. Grounds for suspending a power of attorney do not include the existence of a dispute between the agent and the petitioner which is more appropriate for resolution in some other forum or a legal proceeding other than a guardianship proceeding. (2) The motion must: (a) Identify one or more of the grounds in subsection (1); (b) Include specific statements of fact showing that grounds exist to justify the relief sought; and (c) Include the following statement: “Under penalties of perjury, I declare that I have read the foregoing motion and that the facts stated in it are true to the best of my knowledge and belief,” followed by the signature of the petitioner.

(3) Upon the filing of a response to the motion by the agent under the power of attorney, the court shall schedule the motion for an expedited hearing. Unless an emergency arises and the agent’s response sets forth the nature of the emergency, the property or matter involved, and the power to be exercised by the agent, notice must be given to all interested persons, the alleged incapacitated person, and the alleged incapacitated person’s attorney. The court order following the hearing must set forth what powers the agent is permitted to exercise, if any, pending the outcome of the petition to determine incapacity. (4) In addition to any other remedy authorized by law, a court may award reasonable attorney fees and costs to an agent who successfully challenges the suspension of the power of attorney if the petitioner’s motion was made in bad faith. (5) The suspension of authority granted to persons other than a parent, spouse, child, or grandchild shall be as provided in s. 709.2109. HISTORY: S. 10, ch. 2015-83, effective July 1, 2015. Editor’s Notes Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », « Pt. V. », « § 744.3215. » Fla. Stat. § 744.3215

§ 744.3215. Rights of persons determined incapacitated. (1) A person who has been determined to be incapacitated retains the right: (a) To have an annual review of the guardianship report and plan. (b) To have continuing review of the need for restriction of his or her rights. (c) To be restored to capacity at the earliest possible time. (d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation. (e) To have a qualified guardian. (f) To remain as independent as possible, including having his or her preference as to place and standard of living honored, either as he or she expressed or demonstrated his or her preference prior to the determination of his or her incapacity or as he or she currently expresses his or her preference, insofar as such request is reasonable. (g) To be properly educated. (h) To receive prudent financial management for his or her property and to be informed how his or her property is being managed, if he or she has lost the right to manage property. (i) To receive services and rehabilitation necessary to maximize the quality of life. (j) To be free from discrimination because of his or her incapacity. (k) To have access to the courts. (l) To counsel. (m) To receive visitors and communicate with others. (n) To notice of all proceedings related to determination of capacity and guardianship, unless the court finds the incapacitated person lacks the ability to comprehend the notice.

(o) To privacy. (2) Rights that may be removed from a person by an order determining incapacity but not delegated to a guardian include the right: (a) To marry. If the right to enter into a contract has been removed, the right to marry is subject to court approval. (b) To vote. (c) To personally apply for government benefits. (d) To have a driver license. (e) To travel. (f) To seek or retain employment. (3) Rights that may be removed from a person by an order determining incapacity and which may be delegated to the guardian include the right: (a) To contract. (b) To sue and defend lawsuits. (c) To apply for government benefits. (d) To manage property or to make any gift or disposition of property. (e) To determine his or her residence. (f) To consent to medical and mental health treatment. (g) To make decisions about his or her social environment or other social aspects of his or her life. (4) Without first obtaining specific authority from the court, as described in s. 744.3725, a guardian may not: (a) Commit the ward to a facility, institution, or licensed service provider without formal placement proceeding, pursuant to chapter 393, chapter 394, or chapter 397. (b) Consent on behalf of the ward to the performance on the ward of any experimental biomedical or behavioral procedure or to the participation by the ward in any biomedical or behavioral experiment. The court may permit such performance or participation only if:

1. It is of direct benefit to, and is intended to preserve the life of or prevent serious impairment to the mental or physical health of the ward; or 2. It is intended to assist the ward to develop or regain his or her abilities. (c) Initiate a petition for dissolution of marriage for the ward. (d) Consent on behalf of the ward to termination of the ward’s parental rights. (e) Consent on behalf of the ward to the performance of a sterilization or abortion procedure on the ward. HISTORY: S. 34, ch. 89-96; s. 19, ch. 90-271; s. 36, ch. 93-39; s. 13, ch. 94-183; s. 44, ch. 96-169; s. 6, ch. 96-354; s. 1782, ch. 97-102; s. 10, ch. 2006-178, eff. July 1, 2006; s. 5, ch. 2017-16, effective July 1, 2017.

« Title XLIII. », • Ch. 744. », « Pt. V. », « § 744.331. » Fla. Stat. § 744.331

§ 744.331. Procedures to determine incapacity. (1) Notice of petition to determine incapacity. Notice of the filing of a petition to determine incapacity and a petition for the appointment of a guardian if any and copies of the petitions must be served on and read to the alleged incapacitated person. The notice and copies of the petitions must also be given to the attorney for the alleged incapacitated person, and served upon all next of kin identified in the petition. The notice must state the time and place of the hearing to inquire into the capacity of the alleged incapacitated person and that an attorney has been appointed to represent the person and that, if she or he is determined to be incapable of exercising certain rights, a guardian will be appointed to exercise those rights on her or his behalf. (2) Attorney for the alleged incapacitated person. (a) When a court appoints an attorney for an alleged incapacitated person, the court must appoint the office of criminal conflict and civil regional counsel or a private attorney as prescribed in s. 27.511(6). A private attorney must be one who is included in the attorney registry compiled pursuant to s. 27.40. Appointments of private attorneys must be made on a rotating basis, taking into consideration conflicts arising under this chapter. (b) The court shall appoint an attorney for each person alleged to be incapacitated in all cases involving a petition for adjudication of incapacity. The alleged incapacitated person may substitute her or his own attorney for the attorney appointed by the court. (c) Any attorney representing an alleged incapacitated person may not serve as guardian of the alleged incapacitated person or as counsel for the guardian of the alleged incapacitated person or the petitioner. (d) An attorney seeking to be appointed by a court for incapacity and guardianship proceedings must have completed a minimum of 8 hours of education in guardianship. A court may waive the initial training requirement for an attorney who has served as a court-appointed attorney in incapacity proceedings or as an attorney of record for guardians for not less than 3 years. This training requirement does not apply to a court-appointed attorney

employed by an office of criminal conflict and civil regional counsel. (3) Examining committee. (a) Within 5 days after a petition for determination of incapacity has been filed, the court shall appoint an examining committee consisting of three members. One member must be a psychiatrist or other physician. The remaining members must be either a psychologist, a gerontologist, a psychiatrist, a physician, an advanced practice registered nurse, a registered nurse, a licensed social worker, a person with an advanced degree in gerontology from an accredited institution of higher education, or any other person who by knowledge, skill, experience, training, or education may, in the court’s discretion, advise the court in the form of an expert opinion. One of three members of the committee must have knowledge of the type of incapacity alleged in the petition. Unless good cause is shown, the attending or family physician may not be appointed to the committee. If the attending or family physician is available for consultation, the committee must consult with the physician. Members of the examining committee may not be related to or associated with one another, with the petitioner, with counsel for the petitioner or the proposed guardian, or with the person alleged to be totally or partially incapacitated. A member may not be employed by any private or governmental agency that has custody of, or furnishes, services or subsidies, directly or indirectly, to the person or the family of the person alleged to be incapacitated or for whom a guardianship is sought. A petitioner may not serve as a member of the examining committee. Members of the examining committee must be able to communicate, either directly or through an interpreter, in the language that the alleged incapacitated person speaks or to communicate in a medium understandable to the alleged incapacitated person if she or he is able to communicate. The clerk of the court shall send notice of the appointment to each person appointed no later than 3 days after the court’s appointment. (b) A person who has been appointed to serve as a member of an examining committee to examine an alleged incapacitated person may not thereafter be appointed as a guardian for the person who was the subject of the examination. (c) Each person appointed to an examining committee must file an affidavit with the court stating that he or she has completed the required

courses or will do so no later than 4 months after his or her initial appointment. Each year, the chief judge of the circuit must prepare a list of persons qualified to be members of an examining committee. (d) A member of an examining committee must complete a minimum of 4 hours of initial training. The person must complete 2 hours of continuing education during each 2-year period after the initial training. The initial training and continuing education program must be developed under the supervision of the Office of Public and Professional Guardians, in consultation with the Florida Conference of Circuit Court Judges; the Elder Law and the Real Property, Probate and Trust Law sections of The Florida Bar; and the Florida State Guardianship Association. The court may waive the initial training requirement for a person who has served for not less than 5 years on examining committees. If a person wishes to obtain his or her continuing education on the Internet or by watching a video course, the person must first obtain the approval of the chief judge before taking an Internet or video course. (e) Each member of the examining committee shall examine the person. Each examining committee member must determine the alleged incapacitated person’s ability to exercise those rights specified in s. 744.3215. In addition to the examination, each examining committee member must have access to, and may consider, previous examinations of the person, including, but not limited to, habilitation plans, school records, and psychological and psychosocial reports voluntarily offered for use by the alleged incapacitated person. Each member of the examining committee must file his or her report with the clerk of the court within 15 days after appointment. (f) The examination of the alleged incapacitated person must include a comprehensive examination, a report of which shall be filed by each examining committee member as part of his or her written report. The comprehensive examination report should be an essential element, but not necessarily the only element, used in making a capacity and guardianship decision. The comprehensive examination must include, if indicated: 1. A physical examination; 2. A mental health examination; and 3. A functional assessment.

If any of these three aspects of the examination is not indicated or cannot be accomplished for any reason, the written report must explain the reasons for its omission. (g) Each committee member’s written report must include: 1. To the extent possible, a diagnosis, prognosis, and recommended course of treatment. 2. An evaluation of the alleged incapacitated person’s ability to retain her or his rights, including, without limitation, the rights to marry; vote; contract; manage or dispose of property; have a driver license; determine her or his residence; consent to medical treatment; and make decisions affecting her or his social environment. 3. The results of the comprehensive examination and the committee member’s assessment of information provided by the attending or family physician, if any. 4. A description of any matters with respect to which the person lacks the capacity to exercise rights, the extent of that incapacity, and the factual basis for the determination that the person lacks that capacity. 5. The names of all persons present during the time the committee member conducted his or her examination. If a person other than the person who is the subject of the examination supplies answers posed to the alleged incapacitated person, the report must include the response and the name of the person supplying the answer. 6. The signature of the committee member and the date and time the member conducted his or her examination. (h) Within 3 days after receipt of each examining committee member’s report, the clerk shall serve the report on the petitioner and the attorney for the alleged incapacitated person by electronic mail delivery or United States mail, and, upon service, shall file a certificate of service in the incapacity proceeding. The petitioner and the attorney for the alleged incapacitated person must be served with all reports at least 10 days before the hearing on the petition, unless the reports are not complete, in which case the petitioner and attorney for the alleged incapacitated person may waive the 10 day requirement and consent to the consideration of the report by the court at the adjudicatory hearing. If such service is not timely effectuated, the petitioner

or the alleged incapacitated person may move for a continuance of the hearing. (i) The petitioner and the alleged incapacitated person may object to the introduction into evidence of all or any portion of the examining committee members’ reports by filing and serving a written objection on the other party no later than 5 days before the adjudicatory hearing. The objection must state the basis upon which the challenge to admissibility is made. If an objection is timely filed and served, the court shall apply the rules of evidence in determining the reports’ admissibility. For good cause shown, the court may extend the time to file and serve the written objection. (4) Dismissal of petition. If a majority of the examining committee members conclude that the alleged incapacitated person is not incapacitated in any respect, the court shall dismiss the petition. (5) Adjudicatory hearing. (a) Upon appointment of the examining committee, the court shall set the date upon which the petition will be heard. The adjudicatory hearing must be conducted at least 10 days, which time period may be waived, but no more than 30 days, after the filing of the last filed report of the examining committee members, unless good cause is shown. The adjudicatory hearing must be conducted at the time and place specified in the notice of hearing and in a manner consistent with due process. (b) The alleged incapacitated person must be present at the adjudicatory hearing, unless waived by the alleged incapacitated person or the person’s attorney or unless good cause can be shown for her or his absence. Determination of good cause rests in the sound discretion of the court. (c) In the adjudicatory hearing on a petition alleging incapacity, the partial or total incapacity of the person must be established by clear and convincing evidence. (6) Order determining incapacity. If, after making findings of fact on the basis of clear and convincing evidence, the court finds that a person is incapacitated with respect to the exercise of a particular right, or all rights, the court shall enter a written order determining such incapacity. In determining incapacity, the court shall consider the person’s unique needs

and abilities and may only remove those rights that the court finds the person does not have the capacity to exercise. A person is determined to be incapacitated only with respect to those rights specified in the order. (a) The court shall make the following findings: 1. The exact nature and scope of the person’s incapacities; 2. The exact areas in which the person lacks capacity to make informed decisions about care and treatment services or to meet the essential requirements for her or his physical or mental health or safety; 3. The specific legal disabilities to which the person is subject; and 4. The specific rights that the person is incapable of exercising. (b) When an order determines that a person is incapable of exercising delegable rights, the court must consider and find whether there is an alternative to guardianship that will sufficiently address the problems of the incapacitated person. A guardian may not be appointed if the court finds there is an alternative to guardianship which will sufficiently address the problems of the incapacitated person. If the court finds there is not an alternative to guardianship that sufficiently addresses the problems of the incapacitated person, a guardian must be appointed to exercise the incapacitated person’s delegable rights. (c) In determining that a person is totally incapacitated, the order must contain findings of fact demonstrating that the individual is totally without capacity to care for herself or himself or her or his property. (d) An order adjudicating a person to be incapacitated constitutes proof of such incapacity until further order of the court. (e) After the order determining that the person is incapacitated has been filed with the clerk, it must be served on the incapacitated person. The person is deemed incapacitated only to the extent of the findings of the court. The filing of the order is notice of the incapacity. An incapacitated person retains all rights not specifically removed by the court. (f) Upon the filing of a verified statement by an interested person stating: 1. That he or she has a good faith belief that the alleged incapacitated person’s trust, trust amendment, or durable power of attorney is invalid; and

2. A reasonable factual basis for that belief, the trust, trust amendment, or durable power of attorney shall not be deemed to be an alternative to the appointment of a guardian. The appointment of a guardian does not limit the court’s power to determine that certain authority granted by a durable power of attorney is to remain exercisable by the agent. (7) Fees. (a) The examining committee and any attorney appointed under subsection (2) are entitled to reasonable fees to be determined by the court. (b) The fees awarded under paragraph (a) shall be paid by the guardian from the property of the ward or, if the ward is indigent, by the state. The state shall have a creditor’s claim against the guardianship property for any amounts paid under this section. The state may file its claim within 90 days after the entry of an order awarding attorney ad litem fees. If the state does not file its claim within the 90-day period, the state is thereafter barred from asserting the claim. Upon petition by the state for payment of the claim, the court shall enter an order authorizing immediate payment out of the property of the ward. The state shall keep a record of the payments. (c) If the petition is dismissed or denied: 1. The fees of the examining committee shall be paid upon court order as expert witness fees under s. 29.004(6). 2. Costs and attorney fees of the proceeding may be assessed against the petitioner if the court finds the petition to have been filed in bad faith. The petitioner shall also reimburse the state courts system for any amounts paid under subparagraph 1. upon such a finding. HISTORY: SS. 9, 26, ch. 75-222; s. 4, ch. 77-328; s. 1, ch. 78-342; s. 6, ch. 79-221; s. 35, ch. 89-96; s. 20, ch. 90-271; s. 4, ch. 91-303; s. 5, ch. 91-306; s. 7, ch. 96354; s. 1783, ch. 97-102; s. 76, ch. 2004-265; s. 4, ch. 2006-77, eff. June 6, 2006; s. 11, ch. 2006-178, eff. July 1, 2006; s. 44, ch. 2006-217, eff. July 1, 2007; s. 28, ch. 2007-62, eff. Oct. 1, 2007; s. 11, ch. 2015-83, effective July 1, 2015; s. 33, ch. 2016-40, effective March 10, 2016; s. 1, ch. 2017-16, effective July 1, 2017; s. 89, ch. 2018-110, effective May 10, 2018; s. 35, ch. 2020-9, effective July 1, 2020; s. 11, ch. 2022-195, effective July 1, 2022.

Editor’s Notes Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », « Pt. V. », « § 744.334. » Fla. Stat. § 744.334

§ 744.334. Petition for appointment of guardian or professional guardian; contents.— (1) Every petition for the appointment of a guardian shall be verified by the petitioner and shall contain statements, to the best of petitioner’s knowledge and belief, showing the name, age, residence, and post office address of the alleged incapacitated person or minor; the nature of her or his incapacity, if any; the extent of guardianship desired, either plenary or limited; the residence and post office address of the petitioner; the names and addresses of the next of kin of the alleged incapacitated person or minor, if known to the petitioner; the name of the proposed guardian and the reasons why she or he should be appointed guardian; whether the proposed guardian is a professional guardian; the relationship and previous relationship of the proposed guardian to the alleged incapacitated person or minor; any other type of guardianship under part III of this chapter or alternatives to guardianship that the alleged incapacitated person or minor has designated or is in currently or has been in previously; the reasons why a guardian advocate under s. 744.3085 or other alternatives to guardianship are insufficient to meet the needs of the alleged incapacitated person or minor; and the nature and value of property subject to the guardianship. The petition must state whether a willing and qualified guardian cannot be located. As used in this subsection, the term “alternatives to guardianship” means an advance directive as defined in s. 765.101, a durable power of attorney as provided in chapter 709, a representative payee under 42 U.S.C. s. 1007, or a trust instrument as defined in s. 736.0103. (2) If the petitioner is a professional guardian, she or he may not petition for her or his own appointment unless the petitioner is a relative of the alleged incapacitated person or minor. For purposes of this subsection, the term “relative” means an individual who would qualify to serve as a nonresident guardian under s. 744.309(2). This subsection does not apply to a public guardian appointed under s. 744.2006 who seeks appointment as a guardian of a person of limited financial means and whose compensation as guardian for such person would be paid from the Office of Public and Professional Guardians or any local government.

HISTORY: SS. 11, 26, ch. 75-222; s. 7, ch. 79-221; s. 36, ch. 89-96; s. 21, ch. 90-271; s. 8, ch. 96-354; s. 1784, ch. 97-102; s. 2, ch. 2020-35, effective July 1, 2020.

« Title XLIII. », • Ch. 744. », « Pt. V. », « § 744.3371. » Fla. Stat. § 744.3371

§ 744.3371. Notice of petition for appointment of guardian and hearing. (1) When the petition for appointment of a guardian for an incapacitated person is heard upon the conclusion of the hearing in which the person is determined to be incapacitated, the court shall hear the petition without further notice. If the petition is heard on a later date, reasonable notice of the hearing must be served on the incapacitated person, the person’s attorney, if any, any guardian then serving, the person’s next of kin, and such other interested persons as the court may direct. (2) When a petition for appointment of a guardian for a minor is filed, formal notice must be served on the minor’s parents. If the petitioner has custody of the minor and the petition alleges that, after diligent search, the parents cannot be found, the parents may be served by informal notice, delivered to their last known address or addresses. When a parent petitions for appointment as guardian for his or her minor child, no notice is necessary unless the other parent is living and does not consent to the appointment. HISTORY: S. 22, ch. 90-271; s. 1079, ch. 97-102.

« Title XLIII. », • Ch. 744. », « Pt. V. », « § 744.341. » Fla. Stat. § 744.341

§ 744.341. Voluntary guardianship. (1) Without adjudication of incapacity, the court shall appoint a guardian of the property of a resident or nonresident person who, though mentally competent, is incapable of the care, custody, and management of his or her estate by reason of age or physical infirmity and who has voluntarily petitioned for the appointment. The petition shall be accompanied by a certificate of a licensed physician specifying that he or she has examined the petitioner and that the petitioner is competent to understand the nature of the guardianship and his or her delegation of authority. Notice of hearing on any petition for appointment and for authority to act shall be given to the petitioner and to any person to whom the petitioner requests that notice be given. Such request may be made in the petition for appointment of guardian or in a subsequent written request for notice signed by the petitioner. (2) If requested in the petition for appointment of a guardian brought under this section, the court may direct the guardian to take possession of less than all of the ward’s property and of the rents, income, issues, and profits from it. In such case, the court shall specify in its order the property to be included in the guardianship estate, and the duties and responsibilities of the guardian appointed under this section will extend only to such property. (3) Unless the voluntary guardianship is limited pursuant to subsection (2), any guardian appointed under this section has the same duties and responsibilities as are provided by law for plenary guardians of the property, generally. (4) A guardian must include in the annual report filed with the court a certificate from a licensed physician who examined the ward not more than 90 days before the annual report is filed with the court. The certificate must certify that the ward is competent to understand the nature of the guardianship and of the ward’s authority to delegate powers to the voluntary guardian. (5) A voluntary guardianship may be terminated by the ward by filing a

notice with the court that the voluntary guardianship is terminated. A copy of the notice must be served on all interested persons. HISTORY: SS. 11, 26, ch. 75-222; s. 9, ch. 79-221; s. 4, ch. 84-31; s. 38, ch. 89-96; s. 23, ch. 90-271; s. 1080, ch. 97-102; s. 12, ch. 2006-178, eff. July 1, 2006.

« Title XLIII. », • Ch. 744. », « Pt. V. », « § 744.342. » Fla. Stat. § 744.342

§ 744.342. Minors; guardianship. Upon petition, the court may appoint a guardian for a minor without appointing an examining committee or conducting an adjudicatory hearing pursuant to s. 744.331. HISTORY: S. 71, ch. 90-271.

« Title XLIII. », • Ch. 744. », « Pt. V. », « § 744.344. » Fla. Stat. § 744.344

§ 744.344. Order of appointment. [Transferred] HISTORY: S. 12, ch. 2015-83, effective July 1, 2015; Former § 744.344 was transferred to 744.2005 by s. 13, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. V. », « § 744.345. » Fla. Stat. § 744.345

§ 744.345. Letters of guardianship. Letters of guardianship shall be issued to the guardian and shall specify whether the guardianship pertains to the person, or the property, or both, of the ward. The letters must state whether the guardianship is plenary or limited, and, if limited, the letters must state the powers and duties of the guardian. The letters shall state whether or not and to what extent the guardian is authorized to act on behalf of the ward with regard to any advance directive previously executed by the ward. HISTORY: S. 1, ch. 74-106; s. 12, ch. 75-222; s. 28, ch. 89-96; s. 25, ch. 90-271; s. 7, ch. 92-199; s. 2, ch. 94-183; s. 13, ch. 2015-83, effective July 1, 2015. Editor’s Notes Created from former s. 744.40; former s. 744.313. Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », « Pt. V. », « § 744.347. » Fla. Stat. § 744.347

§ 744.347. Oath of guardian. Before exercising his or her authority as guardian, every guardian shall take an oath that he or she will faithfully perform his or her duties as guardian. This oath is not jurisdictional. HISTORY: S. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 40, ch. 89-96; s. 1082, ch. 97102. Editor’s notes. Created from former s. 744.36.

« Title XLIII. », • Ch. 744. », « Pt. V. », « § 744.351. » Fla. Stat. § 744.351

§ 744.351. Bond of guardian. (1) Before exercising his or her authority as guardian, every person appointed a guardian of the property of a ward in this state shall file a bond with surety as prescribed in s. 45.011 to be approved by the clerk. The bond shall be payable to the Governor of the state and the Governor’s successors in office, conditioned on the faithful performance of all duties by the guardian. In form the bond shall be joint and several. When the petitioner or guardian presents compelling reasons, the court may waive a bond or require the use of a designated financial institution as defined in s. 655.005(1). (2) When the sureties on a bond are natural persons, the guardian shall be required to file with the annual guardianship report proof satisfactory to the court that the sureties are alive and solvent. (3) The penal sum of a guardian’s bond shall be fixed by the court, and it must be in an amount not less than the full amount of the cash on hand and on deposit belonging to the ward and subject to the control of the guardian, plus the value of the notes and bonds owned by the ward that are payable to bearer, and plus the value of all other intangible personal property, in whatever form, owned by the ward which has a market value which readily can be fixed and which intangible personal property readily can be traded for cash or its equivalent. (4) For good cause, the court may require, or increase or reduce the amount of, bond or change or release the surety. (5) Financial institutions as defined in s. 744.309(4), other than a trust company operating under chapter 662 which is not a licensed family trust company or foreign licensed family trust company, and public guardians authorized by law to be guardians are not required to file bonds. (6) When it is expedient in the judgment of any court having jurisdiction of any guardianship property, because the size of the bond required of the guardian is burdensome, or for other cause, the court may order, in lieu of a bond or in addition to a lesser bond, that the guardian place all or part of the property of the ward in a designated financial institution under the

same conditions and limitations as are contained in s. 69.031. A designated financial institution shall also include a dealer, as defined in s. 517.021(6), if the dealer is a member of the Security Investment Protection Corporation and is doing business in the state. HISTORY: S. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 1, ch. 77-174; s. 2, ch. 78-342; s. 2, ch. 86-120; s. 41, ch. 89-96; s. 26, ch. 90-271; s. 30, ch. 95-401; s. 9, ch. 96-354; s. 1785, ch. 97-102; s. 39, ch. 2014-97, effective October 1, 2015. Editor’s notes. Created from former s. 744.38.

« Title XLIII. », • Ch. 744. », « Pt. V. », « § 744.354. » Fla. Stat. § 744.354

§ 744.354. Validity of bond. No bond executed by any guardian shall be invalid because of an informality in it or because of an informality or illegality in the appointment of the guardian. The bond shall have the same force and effect as if the bond had been executed in proper form and the appointment had been legally made. HISTORY: S. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 42, ch. 89-96. Editor’s notes. Created from former s. 744.42.

« Title XLIII. », • Ch. 744. », « Pt. V. », « § 744.357. » Fla. Stat. § 744.357

§ 744.357. Liability of surety. No surety for a guardian shall be charged beyond the property of the ward. HISTORY: S. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 43, ch. 89-96; s. 27, ch. 90-271. Editor’s notes. Created from former s. 744.43.

« Title XLIII. », • Ch. 744. », « Pt. V. », « § 744.358. » Fla. Stat. § 744.358

§ 744.358. Liability of a guardian. (1) A guardian is not liable, solely because of the guardianship, for the debts, contracts, or torts of her or his ward. (2) In dealing with the ward’s property, a guardian is subject to the standards set forth in s. 518.11. HISTORY: S. 44, ch. 89-96; s. 28, ch. 90-271; s. 1083, ch. 97-102.

« Title XLIII. », • Ch. 744. », « Pt. V. », « § 744.359. • Fla. Stat. § 744.359

§ 744.359. Abuse, neglect, or exploitation by a guardian. (1) A guardian may not abuse, neglect, or exploit a ward. (2) A guardian has committed exploitation when the guardian: (a) Commits fraud in obtaining appointment as a guardian; (b) Abuses his or her powers; or (c) Wastes, embezzles, or intentionally mismanages the assets of the ward. (3) A person who believes that a guardian is abusing, neglecting, or exploiting a ward shall report the incident to the central abuse hotline of the Department of Children and Families. (4) This section shall be interpreted in conformity with s. 825.103. HISTORY: S. 14, ch. 2015-83, effective July 1, 2015. Editor’s Notes Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », « Pt. VI. » Fla. Stat. Title XLIII, Ch. 744, Pt. VI

PART VI. POWERS AND DUTIES. « Title XLIII. », • Ch. 744. », « Pt. VI. », • § 744.361. » Fla. Stat. § 744.361

§ 744.361. Powers and duties of guardian. (1) The guardian of an incapacitated person is a fiduciary and may exercise only those rights that have been removed from the ward and delegated to the guardian. The guardian of a minor shall exercise the powers of a plenary guardian. (2) The guardian shall act within the scope of the authority granted by the court and as provided by law. (3) The guardian shall act in good faith. (4) A guardian may not act in a manner that is contrary to the ward’s best interests under the circumstances. (5) A guardian who has special skills or expertise, or is appointed in reliance upon the guardian’s representation that the guardian has special skills or expertise, shall use those special skills or expertise when acting on behalf of the ward. (6) The guardian shall file an initial guardianship report in accordance with s. 744.362. (7) The guardian shall file a guardianship report annually in accordance with s. 744.367. (8) The guardian of the person shall implement the guardianship plan. (9) When two or more guardians have been appointed, the guardians shall consult with each other. (10) A guardian who is given authority over any property of the ward shall: (a) Protect and preserve the property and invest it prudently as provided in chapter 518, apply it as provided in s. 744.397, and keep clear, distinct, and accurate records of the administration of the ward’s property.

(b) Perform all other duties required of him or her by law. (c) At the termination of the guardianship, deliver the property of the ward to the person lawfully entitled to it. (11) The guardian shall observe the standards in dealing with the guardianship property that would be observed by a prudent person dealing with the property of another. (12) The guardian, if authorized by the court, shall take possession of all of the ward’s property and of the rents, income, issues, and profits from it, whether accruing before or after the guardian’s appointment, and of the proceeds arising from the sale, lease, or mortgage of the property or of any part. All of the property and the rents, income, issues, and profits from it are assets in the hands of the guardian for the payment of debts, taxes, claims, charges, and expenses of the guardianship and for the care, support, maintenance, and education of the ward or the ward’s dependents, as provided for under the terms of the guardianship plan or by law. (13) Recognizing that every individual has unique needs and abilities, a guardian who is given authority over a ward’s person shall, as appropriate under the circumstances: (a) Consider the expressed desires of the ward as known by the guardian when making decisions that affect the ward. (b) Allow the ward to maintain contact with family and friends unless the guardian believes that such contact may cause harm to the ward. (c) Not restrict the physical liberty of the ward more than reasonably necessary to protect the ward or another person from serious physical injury, illness, or disease. (d) Assist the ward in developing or regaining capacity, if medically possible. (e) Notify the court if the guardian believes that the ward has regained capacity and that one or more of the rights that have been removed should be restored to the ward. (f) To the extent applicable, make provision for the medical, mental, rehabilitative, or personal care services for the welfare of the ward.

(g) To the extent applicable, acquire a clear understanding of the risks and benefits of a recommended course of health care treatment before making a health care decision. (h) Evaluate the ward’s medical and health care options, financial resources, and desires when making residential decisions that are best suited for the current needs of the ward. (i) Advocate on behalf of the ward in institutional and other residential settings and regarding access to home and communitybased services. (j) When not inconsistent with the person’s goals, needs, and preferences, acquire an understanding of the available residential options and give priority to home and other community-based services and settings. (14) A professional guardian must ensure that each of the guardian’s wards is personally visited by the guardian or one of the guardian’s professional staff at least once each calendar quarter. During the personal visit, the guardian or the guardian’s professional staff person shall assess: (a) The ward’s physical appearance and condition. (b) The appropriateness of the ward’s current living situation. (c) The need for any additional services and the necessity for continuation of existing services, taking into consideration all aspects of social, psychological, educational, direct service, health, and personal care needs. (d) The nature and extent of visitation and communication with the ward’s family and friends. This subsection does not apply to a professional guardian who has been appointed only as guardian of the property. HISTORY: S. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s. 45, ch. 89-96; s. 29, ch. 90-271; s. 1084, ch. 97-102; s. 13, ch. 2006-178, eff. July 1, 2006; s. 45, ch. 2006-217, eff. July 1, 2007; s. 15, ch. 2015-83, effective July 1, 2015. Editor’s Notes Created from former ss. 744.48, 744.49.

Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.362. » Fla. Stat. § 744.362

§ 744.362. Initial guardianship report. (1) Each guardian shall file with the court an initial guardianship report within 60 days after her or his letters of guardianship are signed. The initial guardianship report for a guardian of the property must consist of a verified inventory. The initial report for a guardian of the person must consist of an initial guardianship plan. The initial report shall be served on the ward, unless the ward is a minor under the age of 14 years or is totally incapacitated, and the attorney for the ward. Either the ward or the ward’s attorney may request a hearing concerning the adequacy of the report. (2) Review of the initial guardianship report and representation of the ward during an objection thereto, if any, shall be the appointed attorney’s final official action on behalf of the ward. Thereafter, the court-appointed attorney is no longer obligated to represent the ward. HISTORY: S. 46, ch. 89-96; s. 30, ch. 90-271; s. 24, ch. 92-200; s. 23, ch. 95-401; s. 1085, ch. 97-102.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.363. » Fla. Stat. § 744.363

§ 744.363. Initial guardianship plan. (1) The initial guardianship plan shall include all of the following: (a) The provision of medical, mental, or personal care services for the welfare of the ward. (b) The provision of social and personal services for the welfare of the ward. (c) The place and kind of residential setting best suited for the needs of the ward. (d) The application of health and accident insurance and any other private or governmental benefits to which the ward may be entitled to meet any part of the costs of medical, mental health, or related services provided to the ward. (e) Any physical and mental examinations necessary to determine the ward’s medical and mental health treatment needs. (f) A list of any preexisting orders not to resuscitate executed under s. 401.45(3) or preexisting advance directives, as defined in s. 765.101, the date an order or directive was signed, whether such order or directive has been suspended by the court, and a description of the steps taken to identify and locate the preexisting order not to resuscitate or advance directive. (2) The initial guardianship plan for an incapacitated person must be based on the recommendations of the examining committee’s examination, as incorporated into the order determining incapacity. (3) Unless the ward has been found to be totally incapacitated or is a minor under the age of 14 years, the initial guardianship plan must contain an attestation that the guardian has consulted with the ward and, to the extent reasonable, has honored the ward’s wishes consistent with the rights retained by the ward under the plan. To the maximum extent reasonable, the plan must be in accordance with the wishes of the ward. (4) The guardianship plan may not restrict the physical liberty of the ward more than reasonably necessary to protect the ward or others from

serious physical injury, illness, or disease and to provide the ward with medical care and mental health treatment for the ward’s physical and mental health. (5) An initial guardianship plan continues in effect until it is amended or replaced by the approval of an annual guardianship plan, until the restoration of capacity or death of the ward, or until the ward, if a minor, reaches the age of 18 years. If there are significant changes in the capacity of the ward to meet the essential requirements for his or her health or safety, the guardian may file a petition to modify the guardianship plan and shall serve notice on all persons who received notice of the plan. At the hearing on such petition, the court may modify the guardianship plan and specify the effective date of such amendment. (6) In exercising his or her powers, the guardian shall recognize any rights retained by the ward. HISTORY: S. 47, ch. 89-96; s. 31, ch. 90-271; s. 1086, ch. 97-102; s. 3, ch. 2020-35, effective July 1, 2020.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.365. » Fla. Stat. § 744.365

§ 744.365. Verified inventory. (1) Filing. — A guardian of the property shall file a verified inventory of the ward’s property. (2) Contents. — The verified inventory must include the following: (a) All property of the ward, real and personal, that has come into the guardian’s possession or knowledge, including a statement of all encumbrances, liens, and other secured claims on any item, any claims against the property, any cause of action accruing to the ward, and any trusts of which the ward is a beneficiary. (b) The location of the real and personal property in sufficient detail so that it may be clearly identified or located. (c) A description of all sources of income, including, without limitation, social security benefits and pensions. (3) Cash assets. — Along with the verified inventory, the guardian must file a copy of the most current statement of all of the ward’s cash assets from all institutions where the cash is on deposit. (4) Safe-deposit box. — (a) The initial opening of any safe-deposit box of the ward must be conducted in the presence of an employee of the institution where the box is located. The inventory of the contents of the box also must be conducted in the presence of the employee, who must verify the contents of the box by signing a copy of the inventory. This safe-deposit box inventory shall be filed with the court within 10 days after the box is opened. (b) The guardian shall provide the ward with a copy of each signed safedeposit box inventory unless the ward is a minor or has been adjudicated totally incapacitated or unless the order appointing the guardian states otherwise. (c) Nothing may be removed from the ward’s safe-deposit box without specific court approval.

(5) Records retention. — (a) The guardian shall maintain substantiating papers and records sufficient to demonstrate the accuracy of the initial inventory for a period of 3 years after her or his discharge. The substantiating papers need not be filed with the court but must be made available for inspection and review at such time and place and before such persons as the court may order. (b) As part of the substantiating papers, the guardian must identify by name, address, and occupation, the witness or witnesses, if any, who were present during the initial inventory of the ward’s personal property. (6) Audit fee. — (a) Where the value of the ward’s property exceeds $25,000, a guardian shall pay from the ward’s property to the clerk of the circuit court a fee of up to $85, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund, upon the filing of the verified inventory, for the auditing of the inventory. Upon petition by the guardian, the court may waive the auditing fee upon a showing of insufficient funds in the ward’s estate. Any guardian unable to pay the auditing fee may petition the court for waiver of the fee. The court may waive the fee after it has reviewed the documentation filed by the guardian in support of the waiver. (b) An audit fee may not be charged to any ward whose property has a value of less than $25,000. HISTORY: S. 49, ch. 89-96; s. 32, ch. 90-271; s. 1087, ch. 97-102; s. 115, ch. 2003402; s. 77, ch. 2004-265; s. 14, ch. 2006-178, eff. July 1, 2006; s. 40, ch. 2008-111, eff. July 1, 2008; s. 26, ch. 2019-58, effective May 24, 2019.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.367. » Fla. Stat. § 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 fiscalyear 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, eff. July 1, 2006; s. 16, ch. 2015-83, effective July 1, 2015; s. 2, ch. 2017-16, effective July 1, 2017; s. 4, ch. 2020-35, effective July 1, 2020. Editor’s Notes Created from former s. 744.482. Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.3675. » Fla. Stat. § 744.3675

§ 744.3675. Annual guardianship plan. Each guardian of the person must file with the court an annual guardianship plan which updates information about the condition of the ward. The annual plan must specify the current needs of the ward and how those needs are proposed to be met in the coming year. (1) Each plan for an adult ward must, if applicable, include: (a) Information concerning the residence of the ward, including: 1. The ward’s address at the time of filing the plan. 2. The name and address of each place where the ward was maintained during the preceding year. 3. The length of stay of the ward at each place. 4. A statement of whether the current residential setting is best suited for the current needs of the ward. 5. Plans for ensuring during the coming year that the ward is in the best residential setting to meet his or her needs. (b) Information concerning the medical and mental health conditions and treatment and rehabilitation needs of the ward, including: 1. A resume of any professional medical treatment given to the ward during the preceding year. 2. The report of a physician or an advanced practice registered nurse registered under s. 464.0123 who examined the ward no more than 90 days before the beginning of the applicable reporting period. If the guardian has requested a physician to complete the examination and prepare the report and the physician has delegated that responsibility, the examination may be performed and the report may be prepared and signed by a physician assistant acting pursuant to s. 458.347(4)(h) or s. 459.022(4)(g), or by an advanced practice registered nurse acting pursuant to s. 464.012(3). The report must contain an evaluation of the ward’s condition and a statement of the current level of capacity of the ward.

3. The plan for providing medical, mental health, and rehabilitative services in the coming year. (c) Information concerning the social condition of the ward, including: 1. The social and personal services currently used by the ward. 2. The social skills of the ward, including a statement of how well the ward communicates and maintains interpersonal relationships. 3. The social needs of the ward. (d) A list of any preexisting orders not to resuscitate executed under s. 401.45(3) or preexisting advance directives, as defined in s. 765.101, the date an order or directive was signed, whether such order or directive has been suspended by the court, and a description of the steps taken to identify and locate the preexisting order not to resuscitate or advance directive. (2) Each plan filed by the legal guardian of a minor must include: (a) Information concerning the residence of the minor, including: 1. The minor’s address at the time of filing the plan. 2. The name and address of each place the minor lived during the preceding year. (b) Information concerning the medical and mental health conditions and treatment and rehabilitation needs of the minor, including: 1. A resume of any professional medical treatment given to the minor during the preceding year. 2. A report from the physician who examined the minor no more than 180 days before the beginning of the applicable reporting period that contains an evaluation of the minor’s physical and mental conditions. 3. The plan for providing medical services in the coming year. (c) Information concerning the education of the minor, including: 1. A summary of the school progress report. 2. The social development of the minor, including a statement of how well the minor communicates and maintains interpersonal relationships. 3. The social needs of the minor.

(3) Each plan for an adult ward must address the issue of restoration of rights to the ward and include: (a) A summary of activities during the preceding year that were designed to enhance the capacity of the ward. (b) A statement of whether the ward can have any rights restored. (c) A statement of whether restoration of any rights will be sought. (4) The court, in its discretion, may require reexamination of the ward by a physician at any time. HISTORY: S. 51, ch. 89-96; s. 34, ch. 90-271; s. 11, ch. 96-354; s. 1786, ch. 97-102; s. 4, ch. 97-161; s. 16, ch. 2006-178, eff. July 1, 2006; s. 36, ch. 2020-9, effective July 1, 2020; s. 5, ch. 2020-35, effective July 1, 2020; s. 3, ch. 2020-73, effective July 1, 2020.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.3678. » Fla. Stat. § 744.3678

§ 744.3678. Annual accounting. (1) Each guardian of the property must file an annual accounting with the court. (2) The annual accounting must include: (a) A full and correct account of the receipts and disbursements of all of the ward’s property over which the guardian has control and a statement of the ward’s property on hand at the end of the accounting period. This paragraph does not apply to any property or any trust of which the ward is a beneficiary but which is not under the control or administration of the guardian. (b) A copy of the annual or year-end statement of all of the ward’s cash accounts from each of the institutions where the cash is deposited. (3) The guardian must obtain a receipt, canceled check, or other proof of payment for all expenditures and disbursements made on behalf of the ward. The guardian must preserve all evidence of payment, along with other substantiating papers, for a period of 3 years after his or her discharge. The receipts, proofs of payment, and substantiating papers need not be filed with the court but shall be made available for inspection and review at the time and place and before the persons as the court may order. (4) The guardian shall pay from the ward’s estate to the clerk of the circuit court a fee based upon the following graduated fee schedule, upon the filing of the annual financial return, for the auditing of the return: (a) For estates with a value of $25,000 or less the clerk of the court may charge a fee of up to $20, from which the clerk shall remit $5 to the Department of Revenue for deposit into the General Revenue Fund. (b) For estates with a value of more than $25,000 up to and including $100,000 the clerk of the court may charge a fee of up to $85, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund. (c) For estates with a value of more than $100,000 up to and including

$500,000 the clerk of the court may charge a fee of up to $170, from which the clerk shall remit $20 to the Department of Revenue for deposit into the General Revenue Fund. (d) For estates with a value in excess of $500,000 the clerk of the court may charge a fee of up to $250, from which the clerk shall remit $25 to the Department of Revenue for deposit into the General Revenue Fund. Upon petition by the guardian, the court may waive the auditing fee upon a showing of insufficient funds in the ward’s estate. Any guardian unable to pay the auditing fee may petition the court for a waiver of the fee. The court may waive the fee after it has reviewed the documentation filed by the guardian in support of the waiver. (5) This section does not apply if the court determines that the ward receives income only from social security benefits and the guardian is the ward’s representative payee for the benefits. HISTORY: S. 52, ch. 89-96; ss. 35, 72, ch. 90-271; s. 1088, ch. 97-102; s. 116, ch. 2003-402; s. 13, ch. 2004-260; s. 78, ch. 2004-265; s. 139, ch. 2005-2; s. 17, ch. 2006-178, eff. July 1, 2006; s. 41, ch. 2008-111, eff. July 1, 2008; s. 27, ch. 2019-58, effective May 24, 2019.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.3679. » Fla. Stat. § 744.3679

§ 744.3679. Simplified accounting procedures in certain cases. (1) In a guardianship of property, when all property of the estate is in designated depositories under s. 69.031 and the only transactions that occur in that account are interest accrual, deposits from a settlement, or financial institution service charges, the guardian may elect to file an accounting consisting of: (a) The original or a certified copy of the year-end statement of the ward’s account from the financial institution; and (b) A statement by the guardian under penalty of perjury that the guardian has custody and control of the ward’s property as shown in the year-end statement. (2) The accounting allowed by subsection (1) is in lieu of the accounting and auditing procedures under s. 744.3678(2). However, any interested party may seek judicial review as provided in s. 744.3685. (3) The guardian need not be represented by an attorney in order to file the annual accounting allowed by subsection (1). HISTORY: S. 1, ch. 93-102; s. 18, ch. 2006-178, eff. July 1, 2006; s. 44, ch. 2021-183, effective July 1, 2021.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.368. » Fla. Stat. § 744.368

§ 744.368. Responsibilities of the clerk of the circuit court. (1) In addition to the duty to serve as the custodian of the guardianship files, the clerk shall review each initial and annual guardianship report to ensure that it contains information about the ward addressing, as appropriate: (a) Physical and mental health care; (b) Personal and social services; (c) The residential setting; (d) The application of insurance, private benefits, and government benefits; (e) The physical and mental health examinations; and (f) The initial verified inventory or the annual accounting. (2) The clerk shall, within 30 days after the date of filing of the initial or annual report of the guardian of the person, complete his or her review of the report. (3) Within 90 days after the filing of the verified inventory and accountings by a guardian of the property, the clerk shall audit the verified inventory and the accountings. The clerk shall advise the court of the results of the audit. (4) The clerk shall report to the court when a report is not timely filed. (5) If the clerk has reason to believe further review is appropriate, the clerk may request and review records and documents that reasonably impact guardianship assets, including, but not limited to, the beginning inventory balance and any fees charged to the guardianship. As a part of this review, the clerk may conduct audits and may cause the initial and annual guardianship reports to be audited. The clerk shall advise the court of the results of any such audit. Any fee or cost incurred by the guardian in responding to the review or audit may not be paid or reimbursed by the ward’s assets if there is a finding of wrongdoing by the court. (6) If a guardian fails to produce records and documents to the clerk

upon request, the clerk may request the court to enter an order pursuant to s. 744.3685(2) by filing an affidavit that identifies the records and documents requested and shows good cause as to why the documents and records requested are needed to complete the audit. (7) Upon application to the court supported by an affidavit pursuant to subsection (6), the clerk may issue subpoenas to nonparties to compel production of books, papers, and other documentary evidence. Before issuance of a subpoena by affidavit, the clerk must serve notice on the guardian and the ward, unless the ward is a minor or totally incapacitated, of the intent to serve subpoenas to nonparties. (a) The clerk must attach the affidavit and the proposed subpoena to the notice to the guardian and, if appropriate, to the ward, and must: 1. State the time, place, and method for production of the documents or items, and the name and address of the person who is to produce the documents or items, if known, or, if not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. 2. Include a designation of the items to be produced. 3. State that the person who will be asked to produce the documents or items has the right to object to the production under this section and that the person is not required to surrender the documents or items. (b) A copy of the notice and proposed subpoena may not be furnished to the person upon whom the subpoena is to be served. (c) If the guardian or ward serves an objection to production under this subsection within 10 days after service of the notice, the documents or items may not be required to be produced until resolution of the objection. If an objection is not made within 10 days after service of the notice, the clerk may issue the subpoena to the nonparty. The court may shorten the period within which a guardian or ward is required to file an objection upon a showing by the clerk by affidavit that the ward’s property is in imminent danger of being wasted, misappropriated, or lost unless immediate action is taken. HISTORY: S. 53, ch. 89-96; s. 36, ch. 90-271; s. 1089, ch. 97-102; s. 19, ch. 2006-178,

eff. July 1, 2006; s. 3, ch. 2014-124, effective July 1, 2014; s. 2, ch. 2018-68, effective July 1, 2018.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.3685. » Fla. Stat. § 744.3685

§ 744.3685. Order requiring guardianship report; contempt. (1) If a guardian fails to file the guardianship report, the court shall order the guardian to file the report within 15 days after the service of the order upon her or him or show cause why she or he may not be compelled to do so. (2) If a guardian fails to comply with the submission of records and documents requested by the clerk during the audit, upon a showing of good cause by affidavit of the clerk which shows the reasons the records must be produced, the court may order the guardian to produce the records and documents within a period specified by the court unless the guardian shows good cause as to why the guardian may not be compelled to do so before the deadline specified by the court. The affidavit of the clerk shall be served with the order. (3) A copy of an order entered pursuant to subsection (1) or subsection (2) shall be served on the guardian or on the guardian’s resident agent. If the guardian fails to comply with the order within the time specified by the order without good cause, the court may cite the guardian for contempt of court and may fine her or him. The fine may not be paid out of the ward’s property. HISTORY: S. 1, ch. 74-106; ss. 17, 26, ch. 75-222; s. 70, ch. 89-96; s. 37, ch. 90-271; s. 1090, ch. 97-102; s. 4, ch. 2014-124, effective July 1, 2014. Editor’s notes. Created from former s. 745.29; former s. 744.431.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.369. » Fla. Stat. § 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 (c) Conforms to all other requirements of the law. (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 lastapproved 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, effective July 1, 2015. Editor’s Notes Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.3701. » Fla. Stat. § 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. 3, ch. 2018-68, effective July 1, 2018.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.371. » Fla. Stat. § 744.371

§ 744.371. Relief to be granted. If it appears from the annual guardianship report that: (1) The condition of the ward requires further examination; (2) Any change in the proposed care, maintenance, or treatment is needed; (3) The ward is qualified for restoration of some or all rights; (4) The condition or maintenance of the ward requires the performance or doing of any other thing for the best interest of the ward which is not indicated in the plan; or (5) There is any other matter necessary to protect the interests of the ward, the court shall, after a hearing with appropriate notice, amend the plan or enter any other order necessary to protect the ward. HISTORY: S. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s. 55, ch. 89-96; s. 40, ch. 90-271. Editor’s notes. Created from former s. 744.484.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.3715. » Fla. Stat. § 744.3715

§ 744.3715. Petition for interim judicial review. (1) At any time, any interested person, including the ward, may petition the court for review alleging that the guardian is not complying with the guardianship plan, is exceeding his or her authority under the guardianship plan, is acting in a manner contrary to s. 744.361, is denying visitation between the ward and his or her relatives in violation of s. 744.361(13), or is not acting in the best interest of the ward. The petition for review must state the nature of the objection to the guardian’s action or proposed action. Upon the filing of any such petition, the court shall review the petition and act upon it expeditiously. (2) If the petition for review is found to be without merit, the court may assess costs and attorney’s fees against the petitioner. HISTORY: S. 56, ch. 89-96; s. 41, ch. 90-271; s. 1092, ch. 97-102; s. 18, ch. 2015-83, effective July 1, 2015. Editor’s Notes Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.372. » Fla. Stat. § 744.372

§ 744.372. Judicial review of guardianships. The court retains jurisdiction over all guardianships. The court shall review the appropriateness and extent of a guardianship annually and: (1) If an objection to the terms of the guardianship report has been filed pursuant to s. 744.367; (2) If interim review has been requested under s. 744.3715; (3) If a person, including the ward, has filed a suggestion of increased capacity; or (4) If the guardianship report has not been received and the guardian has failed to respond to a show cause order. HISTORY: S. 57, ch. 89-96; s. 42, ch. 90-271.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.3725. » Fla. Stat. § 744.3725

§ 744.3725. Procedure for extraordinary authority. Before the court may grant authority to a guardian to exercise any of the rights specified in s. 744.3215(4), the court must: (1) Appoint an independent attorney to act on the incapacitated person’s behalf, and the attorney must have the opportunity to meet with the person and to present evidence and cross-examine witnesses at any hearing on the petition for authority to act; (2) Receive as evidence independent medical, psychological, and social evaluations with respect to the incapacitated person by competent professionals or appoint its own experts to assist in the evaluations; (3) Personally meet with the incapacitated person to obtain its own impression of the person’s capacity, so as to afford the incapacitated person the full opportunity to express his or her personal views or desires with respect to the judicial proceeding and issue before the court; (4) Find by clear and convincing evidence that the person lacks the capacity to make a decision about the issue before the court and that the incapacitated person’s capacity is not likely to change in the foreseeable future; and (5) Be persuaded by clear and convincing evidence that the authority being requested is in the best interests of the incapacitated person. The provisions of this section and s. 744.3215(4) are procedural and do not establish any new or independent right to or authority over the termination of parental rights, dissolution of marriage, sterilization, abortion, or the termination of life support systems. HISTORY: S. 58, ch. 89-96; s. 43, ch. 90-271; s. 25, ch. 95-401; s. 1093, ch. 97-102; s. 3, ch. 2017-16, effective July 1, 2017.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.373. » Fla. Stat. § 744.373

§ 744.373. Production of property. On the petition of a creditor or other interested person, including the ward, or on its own motion, the court may require a guardian of the property to produce satisfactory evidence that the property of the ward for which the guardian is responsible is in the guardian’s possession or under her or his control. If it deems it necessary or proper, the court may order the guardian to produce the property for the inspection of the creditor, another interested person, the ward, or the court. HISTORY: S. 1, ch. 74-106; ss. 17, 26, ch. 75-222; s. 71, ch. 89-96; s. 44, ch. 90-271; s. 1094, ch. 97-102. Editor’s notes. Created from former s. 745.30; former s. 744.434.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.3735. » Fla. Stat. § 744.3735

§ 744.3735. Annual appearance of the guardian. The court may require the guardian to appear before the court at the time the guardian files the annual guardianship report or at such other time as the court determines, in order for the court to inquire as to any matter relating to the well-being of the ward. HISTORY: S. 1, ch. 74-106; ss. 17, 26, ch. 75-222; s. 11, ch. 79-221; s. 72, ch. 89-96. Editor’s notes. Former s. 744.437.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.374. » Fla. Stat. § 744.374

§ 744.374. Payments to guardian. If there is more than one guardian, either guardian may petition for an order directing the guardian of the property to pay to the guardian of the person periodic amounts for the support, care, maintenance, education, and other needs of the ward if not otherwise provided for in the guardianship plan. The amount may be increased or decreased from time to time. If an order is entered, the receipt of the guardian for payments made shall be a sufficient discharge of the guardian who makes the payments. The guardian shall not be bound to see to the application of the payments. HISTORY: S. 1, ch. 74-106; ss. 6, 26, ch. 75-222; s. 59, ch. 89-96; s. 45, ch. 90-271; s. 1095, ch. 97-102. Editor’s notes. Created from former s. 744.50.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.381. » Fla. Stat. § 744.381

§ 744.381. Appraisals. When the court deems it necessary, appraisers may be appointed to appraise the property of the ward that is subject to the guardianship. HISTORY: S. 1, ch. 74-106; s. 61, ch. 89-96; s. 46, ch. 90-271. Editor’s notes. Created from former s. 744.54.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.384. » Fla. Stat. § 744.384

§ 744.384. Subsequently discovered or acquired property. (1) If a plenary guardian of the property of the ward learns of any property that is not included in previous inventories, the property shall be inventoried within 30 days after the discovery or acquisition. (2) If a limited guardian of the property of the ward learns of any property that was not known to the court at the time of his or her appointment, he or she shall file a report of such property with the court. Upon petition by the guardian, ward, or other interested person, the court, after hearing with appropriate notice, may direct the guardian to take custody and control of such property, without further adjudicatory proceeding under s. 744.331. HISTORY: S. 1, ch. 74-106; ss. 14, 26, ch. 75-222; s. 62, ch. 89-96; s. 47, ch. 90-271; s. 1096, ch. 97-102. Editor’s notes. Created from former s. 744.59.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.387. » Fla. Stat. § 744.387

§ 744.387. Settlement of claims. (1) When a settlement of any claim by or against the guardian, whether arising as a result of personal injury or otherwise, and whether arising before or after appointment of a guardian, is proposed, but before an action to enforce it is begun, on petition by the guardian of the property stating the facts of the claim, question, or dispute and the proposed settlement, and on any evidence that is introduced, the court may enter an order authorizing the settlement if satisfied that the settlement will be for the best interest of the ward. The order shall relieve the guardian from any further responsibility in connection with the claim or dispute when the settlement has been made in accordance with the order. The order authorizing the settlement may also determine whether an additional bond is required and, if so, shall fix the amount of it. (2) In the same manner as provided in subsection (1) or as authorized by s. 744.301, the natural guardians or guardian of a minor may settle any claim by or on behalf of a minor that does not exceed $15,000 without bond. A legal guardianship shall be required when the amount of the net settlement to the ward exceeds $15,000. (3)(a) No settlement after an action has been commenced by or on behalf of a ward shall be effective unless approved by the court having jurisdiction of the action. (b) In the event of settlement or judgment in favor of the ward or minor, the court may authorize the natural guardians or guardian, or a guardian of the property appointed by a court of competent jurisdiction, to collect the amount of the settlement or judgment and to execute a release or satisfaction. When the amount of net settlement to the ward or judgment exceeds $15,000 and no guardian has been appointed, the court shall require the appointment of a guardian for the property. (4) In making a settlement under court order as provided in this section, the guardian is authorized to execute any instrument that may be necessary to effect the settlement. When executed, the instrument shall be a complete release of the person making the settlement.

HISTORY: S. 1, ch. 74-106; ss. 14, 26, ch. 75-222; s. 3, ch. 78-342; s. 10, ch. 79-221; s. 63, ch. 89-96; s. 48, ch. 90-271; s. 10, ch. 2002-195. Editor’s notes. Created from former s. 744.60.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.391. » Fla. Stat. § 744.391

§ 744.391. Actions by and against guardian or ward. If an action is brought by the guardian against the ward, or vice versa, or if the interest of the guardian is adverse to that of his or her ward, a guardian ad litem shall be appointed to represent the ward in that particular litigation. In any litigation between the guardian and the ward, a guardian ad litem shall be appointed to represent the ward. If there is a conflict of interest between the guardian and the ward, the guardian ad litem shall petition the court for removal of the guardian. Judgments in favor of the ward shall become the property of the ward without the necessity for any assignment by the guardian or receipt by the ward upon termination of guardianship. The guardian may receive payment and satisfy any judgment in behalf of the ward without joinder by the ward. HISTORY: S. 1, ch. 74-106; s. 64, ch. 89-96; s. 1097, ch. 97-102. Editor’s notes. Created from former s. 744.61.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.394. » Fla. Stat. § 744.394

§ 744.394. Suspension of statutes of limitations in favor of guardian. If a person entitled to bring an action is declared incapacitated before the expiration of the time limited for the commencement of it and the cause of the action survives, the action may be commenced by the guardian of the property after such expiration and within 1 year from the date of the order appointing the guardian or the time otherwise limited by law, whichever is longer. HISTORY: S. 1, ch. 74-106; ss. 16, 26, ch. 75-222; s. 65, ch. 89-96; s. 49, ch. 90-271; s. 1098, ch. 97-102. Editor’s notes. Created from former s. 744.62.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.397. » Fla. Stat. § 744.397

§ 744.397. Application of income of property of ward. (1) The court may authorize the guardian of the property to apply the ward’s income, first to the ward’s care, support, education, and maintenance, and then for the care, support, education, maintenance, cost of final illness, and cost of funeral and burial or cremation of the parent, spouse, or dependents, if any, of the ward, to the extent necessary. If the income is not sufficient for these purposes, the court may authorize the expenditure of part of the principal for such purposes from time to time. (2) The word “dependents,” as used in subsection (1) means, in addition to those persons who are legal dependents of a ward under existing law, the person or persons whom the ward is morally or equitably obligated to aid, assist, maintain, or care for, including, but not limited to, such persons as the indigent spouse of the ward, based upon the showing of an existing need and an ability of the estate of the ward to pay for, provide, or furnish the aid, assistance, maintenance, or care without unreasonably jeopardizing the care, support, and maintenance of the ward. (3) If the ward is a minor and the ward’s parents are able to care for him or her and to support, maintain, and educate him or her, the guardian of the minor shall not so use his or her ward’s property unless directed or authorized to do so by the court. HISTORY: S. 1, ch. 74-106; ss. 16, 26, ch. 75-222; s. 66, ch. 89-96; s. 50, ch. 90-271; s. 1099, ch. 97-102. Editor’s notes. Created from former s. 744.64.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.421. » Fla. Stat. § 744.421

§ 744.421. Petition for support of ward’s dependents. Any person dependent on the ward for support may petition for an order directing the guardian of the property to contribute to the support of the dependent person from the property of the ward. The court may enter an order for suitable support and education of the dependent person out of the ward’s property that is subject to the guardianship. The grant or denial of an order for support shall not preclude a further petition for increase, decrease, modification, or termination of allowance for support by either the petitioner or the guardian. The order for support shall be valid for payments made pursuant to it, but no valid payments can be made after the termination of the guardianship. The receipt of the petitioner shall be a sufficient release of the guardian for payments made pursuant to the order. If the property of the ward is derived in whole or in part from payments of compensation, adjusted compensation, pension, insurance, or other benefits made directly to the guardian by the United States Department of Veterans Affairs, notice of the petition for support shall be given by the petitioner to the office of the United States Department of Veterans Affairs having jurisdiction over the area in which the court is located and the chief attorney for the Department of Veterans’ Affairs in this state at least 15 days before the hearing on the petition. The court may not authorize payments from the ward’s property unless the ward has been adjudicated incapacitated to handle such property in accordance with s. 744.331; except in a voluntary guardianship, in which case such petition may be granted only upon the written consent of the ward. HISTORY: S. 1, ch. 74-106; ss. 16, 26, ch. 75-222; s. 1, ch. 77-174; s. 1, ch. 78-305; s. 80, ch. 81-167; s. 84, ch. 83-55; s. 30, ch. 88-290; s. 67, ch. 89-96; s. 51, ch. 90-271; s. 37, ch. 93-268. Editor’s notes. Created from former s. 744.65.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.441. » Fla. Stat. § 744.441

§ 744.441. Powers of guardian upon court approval. After obtaining approval of the court pursuant to a petition for authorization to act: (1) A plenary guardian of the property, or a limited guardian of the property within the powers granted by the order appointing the guardian or an approved annual or amended guardianship report, may: (a) Perform, compromise, or refuse performance of a ward’s contracts that continue as obligations of the estate, as he or she may determine under the circumstances. (b) Execute, exercise, or release any powers as trustee, personal representative, custodian for minors, conservator, or donee of any power of appointment or other power that the ward might have lawfully exercised, consummated, or executed if not incapacitated, if the best interest of the ward requires such execution, exercise, or release. (c) Make ordinary or extraordinary repairs or alterations in buildings or other structures; demolish any improvements; or raze existing, or erect new, party walls or buildings. (d) Subdivide, develop, or dedicate land to public use; make or obtain the vacation of plats and adjust boundaries; adjust differences in valuation on exchange or partition by giving or receiving consideration; or dedicate easements to public use without consideration. (e) Enter into a lease as lessor or lessee for any purpose, with or without option to purchase or renew, for a term within, or extending beyond, the period of guardianship. (f) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement. (g) Abandon property when, in the opinion of the guardian, it is valueless or is so encumbered or in such condition that it is of no benefit to the estate. (h) Pay calls, assessments, and other sums chargeable or accruing against,

or on account of, securities. (i) Borrow money, with or without security, to be repaid from the property or otherwise and advance money for the protection of the estate. (j) Effect a fair and reasonable compromise with any debtor or obligor or extend, renew, or in any manner modify the terms of any obligation owing to the estate. (k) Prosecute or defend claims or proceedings in any jurisdiction for the protection of the estate and of the guardian in the performance of his or her duties. Before authorizing a guardian to bring an action described in s. 736.0207, the court shall first find that the action appears to be in the ward’s best interests during the ward’s probable lifetime. There shall be a rebuttable presumption that an action challenging the ward’s revocation of all or part of a trust is not in the ward’s best interests if the revocation relates solely to a devise. This paragraph does not preclude a challenge after the ward’s death. If the court denies a request that a guardian be authorized to bring an action described in s. 736.0207, the court shall review the continued need for a guardian and the extent of the need for delegation of the ward’s rights. (l) Sell, mortgage, or lease any real or personal property of the estate, including homestead property, or any interest therein for cash or credit, or for part cash and part credit, and with or without security for unpaid balances. (m) Continue any unincorporated business or venture in which the ward was engaged. (n) Purchase the entire fee simple title to real estate in this state in which the guardian has no interest, but the purchase may be made only for a home for the ward, to protect the home of the ward or the ward’s interest, or as a home for the ward’s dependent family. If the ward is a married person and the home of the ward or of the dependent family of the ward is owned by the ward and spouse as an estate by the entirety and the home is sold pursuant to the authority of paragraph (l), the court may authorize the investment of any part or all of the proceeds from the sale toward the purchase of a fee simple title to real estate in this state for a home for the ward or the dependent family of the ward as an estate by the entirety owned by the ward and spouse. If the guardian is authorized to acquire title to real estate for the ward or dependent

family of the ward as an estate by the entirety in accordance with the preceding provisions, the conveyance shall be in the name of the ward and spouse and shall be effective to create an estate by the entirety in the ward and spouse. (o) Exercise any option contained in any policy of insurance payable to, or inuring to the benefit of, the ward. (p) Pay reasonable funeral, interment, and grave marker expenses for the ward from the ward’s estate. (q) Make gifts of the ward’s property to members of the ward’s family in estate and income tax planning procedures. (r) When the ward’s will evinces an objective to obtain a United States estate tax charitable deduction by use of a split interest trust (as that term is defined in s. 736.1201), but the maximum charitable deduction otherwise allowable will not be achieved in whole or in part, execute a codicil on the ward’s behalf amending said will to obtain the maximum charitable deduction allowable without diminishing the aggregate value of the benefits of any beneficiary under such will. (s) Create or amend revocable trusts or create irrevocable trusts of property of the ward’s estate which may extend beyond the disability or life of the ward in connection with estate, gift, income, or other tax planning or in connection with estate planning. The court shall retain oversight of the assets transferred to a trust, unless otherwise ordered by the court. (t) Renounce or disclaim any interest by testate or intestate succession or by inter vivos transfer. (u) Enter into contracts that are appropriate for, and in the best interest of, the ward. (v) As to a minor ward, pay expenses of the ward’s support, health, maintenance, and education, if the ward’s parents, or either of them, are alive. (2) A plenary guardian or a limited guardian of a ward may sign an order not to resuscitate as provided in s. 401.45(3). When a plenary guardian or a limited guardian of a ward seeks to obtain approval of the court to sign an order not to resuscitate, if required by exigent

circumstances, the court must hold a preliminary hearing within 72 hours after the petition is filed, and: (a) Rule on the relief requested immediately after the preliminary hearing; or (b) Conduct an evidentiary hearing not later than 4 days after the preliminary hearing and rule on the relief requested immediately after the evidentiary hearing. HISTORY: S. 1, ch. 74-106; ss. 22, 26, ch. 75-222; s. 1, ch. 77-174; s. 2, ch. 77-328; s. 281, ch. 79-400; s. 4, ch. 80-203; s. 3, ch. 86-120; s. 2, ch. 87-317; s. 73, ch. 89-96; s. 52, ch. 90-271; s. 1100, ch. 97-102; s. 11, ch. 97-240; s. 5, ch. 200677, eff. June 6, 2006; s. 20, ch. 2006-178, eff. July 1, 2006; s. 46, ch. 2006217, eff. July 1, 2007; s. 12, ch. 2011-183, eff. June 21, 2011; s. 4, ch. 201716, effective July 1, 2017; s. 6, ch. 2020-35, effective July 1, 2020. Editor’s notes. Created from former ss. 744.501, 745.03(2) and (3), 745.20, 745.23. Section 14, ch. 2011-183 provides: “Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law and shall apply to all proceedings pending before such date and all cases commenced on or after the effective date.”

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.442. » Fla. Stat. § 744.442

§ 744.442. Delegation of authority. (1) A guardian may designate a surrogate guardian to exercise the powers of the guardian if the guardian is unavailable to act. A person designated as a surrogate guardian under this section must be a professional guardian. (2)(a) A guardian must file a petition with the court requesting permission to designate a surrogate guardian. (b) If the court approves the designation, the order must specify the name and business address of the surrogate guardian and the duration of appointment, which may not exceed 30 days. The court may extend the appointment for good cause shown. The surrogate guardian may exercise all powers of the guardian unless limited by order of the court. The surrogate guardian must file with the court an oath swearing or affirming that he or she will faithfully perform the duties delegated. The court may require the surrogate guardian to post a bond. (3) This section does not limit the responsibility of the guardian to the ward and to the court. The guardian is liable for the acts of the surrogate guardian. The guardian may terminate the authority of the surrogate guardian by filing a written notice of the termination with the court. (4) The surrogate guardian is subject to the jurisdiction of the court as if appointed to serve as guardian. HISTORY: S. 21, ch. 2006-178, eff. July 1, 2006.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.444. » Fla. Stat. § 744.444

§ 744.444. Power of guardian without court approval. Without obtaining court approval, a plenary guardian of the property, or a limited guardian of the property within the powers granted by the order appointing the guardian or an approved annual or amended guardianship report, may: (1) Retain assets owned by the ward. (2) Receive assets from fiduciaries or other sources. (3) Vote stocks or other securities in person or by general or limited proxy or not vote stocks or other securities. (4) Insure the assets of the estate against damage, loss, and liability and insure himself or herself against liability as to third persons. (5) Execute and deliver in his or her name as guardian any instrument necessary or proper to carry out and give effect to this section. (6) Pay taxes and assessments on the ward’s property. (7) Pay valid encumbrances against the ward’s property in accordance with their terms, but no prepayment may be made without prior court approval. (8) Pay reasonable living expenses for the ward, taking into consideration the accustomed standard of living, age, health, and financial condition of the ward. This subsection does not authorize the guardian of a minor to expend funds for the ward’s living expenses if one or both of the ward’s parents are alive. (9) Elect to dissent from a will under s. 732.2125(2), seek approval to make an election in accordance with s. 732.401, or assert any other right or choice available to a surviving spouse in the administration of a decedent’s estate. (10) Deposit or invest liquid assets of the estate, including moneys received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements, money market

mutual funds, or other prudent investments. The guardian may redeem or sell such deposits or investments to pay the reasonable living expenses of the ward as provided herein. (11) Pay incidental expenses in the administration of the estate. (12) Sell or exercise stock subscription or conversion rights and consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise. (13) When reasonably necessary, employ persons, including attorneys, auditors, investment advisers, care managers, or agents, even if they are associated with the guardian, to advise or assist the guardian in the performance of his or her duties. (14) Execute and deliver in his or her name as guardian any instrument that is necessary or proper to carry out the orders of the court. (15) Hold a security in the name of a nominee or in other form without disclosure of the interest of the ward, but the guardian is liable for any act of the nominee in connection with the security so held. (16) Pay or reimburse costs incurred and reasonable fees or compensation to persons, including attorneys, employed by the guardian pursuant to subsection (13) from the assets of the guardianship estate, subject to obtaining court approval of the annual accounting. (17) Provide confidential information about a ward which is related to an investigation arising under s. 744.368 to the clerk, part II of this chapter to an Office of Public and Professional Guardians investigator, or part I of chapter 400 to a local or state ombudsman council member conducting such an investigation. Any such clerk, Office of Public and Professional Guardians investigator, or ombudsman shall have a duty to maintain the confidentiality of such information. HISTORY: S. 1, ch. 74-106; ss. 23, 26, ch. 75-222; s. 3, ch. 77-328; s. 282, ch. 79-400; s. 5, ch. 84-31; s. 74, ch. 89-96; s. 53, ch. 90-271; s. 1101, ch. 97-102; s. 8, ch. 2000-155; s. 12, ch. 2003-57; s. 18, ch. 2010-132, eff. Oct. 1, 2010; s. 4, ch. 2018-68, effective July 1, 2018.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.446. » Fla. Stat. § 744.446

§ 744.446. Conflicts of interest; prohibited activities; court approval; breach of fiduciary duty. (1) It is essential to the proper conduct and management of a guardianship that the guardian be independent and impartial. The fiduciary relationship which exists between the guardian and the ward may not be used for the private gain of the guardian other than the remuneration for fees and expenses provided by law. The guardian may not incur any obligation on behalf of the guardianship which conflicts with the proper discharge of the guardian’s duties. (2) A guardian may not offer, pay, solicit, or receive a commission, benefit, bonus, rebate, or kickback, directly or indirectly, overtly or covertly, in cash or in kind, or engage in a split-fee arrangement in return for referring, soliciting, or engaging in a transaction for goods or services on behalf of an alleged incapacitated person or minor, or a ward, for past or future goods or services. (3) Unless prior approval is obtained by court order, or unless such relationship existed before appointment of the guardian and is disclosed to the court in the petition for appointment of guardian, a guardian may not: (a) Have any interest, financial or otherwise, direct or indirect, in any business transaction or activity with the ward, the judge presiding over the case, any member of the appointed examining committee, any court employee involved in the guardianship process, or the attorney for the ward; (b) Acquire an ownership, possessory, security, or other pecuniary interest adverse to the ward; (c) Be designated as a beneficiary on any life insurance policy, pension, or benefit plan of the ward unless such designation was validly made by the ward before adjudication of incapacity of the ward; and (d) Directly or indirectly purchase, rent, lease, or sell any property or services from or to any business entity of which the guardian or the guardian’s spouse or any of the guardian’s lineal descendants, or collateral kindred, is an officer, partner, director, shareholder, or proprietor, or has any

financial interest. (4) Any activity prohibited by this section is voidable during the term of the guardianship or by the personal representative of the ward’s estate, and the guardian is subject to removal and to imposition of personal liability through a proceeding for surcharge, in addition to any other remedies otherwise available. (5) In the event of a breach by the guardian of the guardian’s fiduciary duty, the court shall take those necessary actions to protect the ward and the ward’s assets. HISTORY: S. 75, ch. 89-96; s. 54, ch. 90-271; s. 1102, ch. 97-102; s. 6, ch. 2002-195; s. 7, ch. 2020-35, effective July 1, 2020.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.447. » Fla. Stat. § 744.447

§ 744.447. Petition for authorization to act. (1) Application for authorization to perform, or confirmation of, any acts under s. 744.441 or s. 744.446 shall be by petition stating the facts showing the expediency or necessity for the action; a description of any property involved; and the price and terms of a sale, mortgage, or other contract. The application must state whether it conforms to the general terms of the guardianship report and whether the ward has been adjudicated incapacitated to act with respect to the rights to be exercised. (2) No notice of a petition to authorize a sale of perishable personal property or of property rapidly deteriorating shall be required. Notice of a petition to perform any other acts under s. 744.441 or s. 744.446 shall be given to the ward, to the next of kin, if any, and to those interested persons who have filed requests for notices and copies of pleadings, as provided in the Florida Probate Rules, unless waived by the court. Notice need not be given to a ward who is under 14 years of age or who has been determined to be totally incapacitated. HISTORY: S. 1, ch. 74-106; ss. 24, 26, ch. 75-222; s. 12, ch. 79-221; s. 76, ch. 89-96; s. 55, ch. 90-271. Editor’s notes. Created from former s. 745.06.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.451. » Fla. Stat. § 744.451

§ 744.451. Order. (1) If a sale or mortgage is authorized, the order shall describe the property, and (a) If the property is authorized for sale at private sale, the order shall fix the price and the terms of sale. (b) If the sale is to be public, the order shall state that the sale shall be made to the highest bidder and the court reserves the right to reject all bids. (2) An order for any other act permitted under s. 744.441 or s. 744.446 shall describe the permitted act and authorize the guardian to perform it. HISTORY: S. 1, ch. 74-106; ss. 24, 26, ch. 75-222; s. 77, ch. 89-96. Editor’s notes. Created from former s. 745.09.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.454. » Fla. Stat. § 744.454

§ 744.454. Guardian forbidden to borrow or purchase; exceptions. A professional guardian may not purchase property or borrow money from his or her ward. A guardian who is not a professional guardian may do so if: (1) A court by written order authorizes the sale or loan after a hearing to which interested persons were given notice; or (2) The property is sold at public sale and the guardian is a spouse, parent, child, brother, or sister of the ward or a cotenant of the ward in the property to be sold. HISTORY: S. 1, ch. 74-106; ss. 24, 26, ch. 75-222; s. 1, ch. 77-174; s. 78, ch. 89-96; s. 2, ch. 96-184; s. 12, ch. 96-354; s. 1787, ch. 97-102; s. 5, ch. 97-161. Editor’s notes. Created from former s. 745.14.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.457. » Fla. Stat. § 744.457

§ 744.457. Conveyance of various property rights by guardians of the property. (1)(a) All legal or equitable interests in property owned as an estate by the entirety by an incapacitated person for whom a guardian of the property has been appointed may be sold, transferred, conveyed, or mortgaged in accordance with s. 744.447, if the spouse who is not incapacitated joins in the sale, transfer, conveyance, or mortgage of the property. When both spouses are incapacitated, the sale, transfer, conveyance, or mortgage shall be by the guardians only. The sale, transfer, conveyance, or mortgage may be accomplished by one instrument or by separate instruments. (b) In ordering or approving the sale and conveyance of the real or personal property owned by the ward and the ward’s spouse as an estate by the entirety or as joint tenants with right of survivorship, the court may provide that one-half of the net proceeds of the sale shall go to the guardian of the ward and the other one-half to the ward’s spouse, or the court may provide for the proceeds of the sale to retain the same character as to survivorship as the original asset. (c) The guardian of the property shall collect all payments coming due on intangible property, such as notes and mortgages and other securities, and shall retain one-half of all principal and interest payments so collected and shall pay the other one-half of the collections to the spouse who is not incapacitated. If both spouses are incapacitated, the guardian of either shall collect the payments, retain one-half of the principal and interest payments, and pay the other one-half to the guardian of the other spouse. (d) The spouse of the incapacitated person shall collect all payments of rents on real estate held as an estate by the entirety and, after paying all charges against the property, such as taxes, insurance, maintenance, and repairs, shall retain one-half of the net rents so collected and pay the other one-half to the guardian of the spouse who is incapacitated. If both spouses are incapacitated, the guardian of the property of either may collect the rent, pay the charges, retain one-half of the net rent, and pay the other one-half to the guardian of the other spouse.

(2) In determining the value of life estates or remainder interests, the American Experience Mortality Tables may be used. (3) Nothing in this section shall prohibit the court in its discretion from appointing a sole guardian to serve as guardian for both spouses. (4) Any contingent or expectant interest in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety, may be conveyed or released in accordance with s. 744.447. HISTORY: S. 1, ch. 74-106; ss. 24, 26, ch. 75-222; s. 13, ch. 79-221; s. 3, ch. 87-317; s. 79, ch. 89-96; s. 56, ch. 90-271; s. 1103, ch. 97-102. Editor’s notes. Created from former s. 745.15.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.461. » Fla. Stat. § 744.461

§ 744.461. Purchasers and lenders protected. No person purchasing or leasing from, or taking a mortgage, pledge, or other lien from, a guardian shall be bound to see that the money or other things of value paid to the guardian are actually needed or properly applied. The person is not otherwise bound as to the proprieties or expediencies of the acts of the guardian. HISTORY: S. 1, ch. 74-106; ss. 24, 26, ch. 75-222; s. 80, ch. 89-96. Editor’s notes. Created from former s. 745.21.

« Title XLIII. », • Ch. 744. », « Pt. VI. », « § 744.462. • Fla. Stat. § 744.462

§ 744.462. Determination regarding alternatives to guardianship. Any judicial determination concerning the validity of the ward’s durable power of attorney, trust, or trust amendment shall be promptly reported in the guardianship proceeding by the guardian of the property. If the instrument has been judicially determined to be valid or if, after the appointment of a guardian, a petition is filed alleging that there is an alternative to guardianship which will sufficiently address the problems of the ward, the court shall review the continued need for a guardian and the extent of the need for delegation of the ward’s rights. HISTORY: S. 6, ch. 2006-77, eff. June 6, 2006; s. 47, ch. 2006-217, eff. July 1, 2007.

« Title XLIII. », • Ch. 744. », « Pt. VII. » Fla. Stat. Title XLIII, Ch. 744, Pt. VII

PART VII. TERMINATION. « Title XLIII. », • Ch. 744. », « Pt. VII. », • § 744.464. » Fla. Stat. § 744.464

§ 744.464. Restoration to capacity. (1) Venue. — A suggestion of capacity must be filed with the court in which the guardianship is pending. (2) Suggestion of capacity. — (a) Any interested person, including the ward, may file a suggestion of capacity. The suggestion of capacity must state that the ward is currently capable of exercising some or all of the rights which were removed. (b) Upon the filing of the suggestion of capacity, the court shall immediately appoint a physician to examine the ward. The physician must examine the ward and file his or her report with the court within 20 days after the appointment. (c) The court shall immediately send notice of the filing of the suggestion of capacity to the ward, the guardian, the attorney for the ward, if any, and any other interested persons designated by the court. Formal notice must be served on the guardian. Informal notice may be served on other persons. Notice need not be served on the person who filed the suggestion of capacity. (d) Any objections to the suggestion of capacity must be filed within 20 days after service of the notice. (e) If an objection is timely filed, or if the medical examination suggests that full restoration is not appropriate, the court shall set the matter for hearing. If the ward does not have an attorney, the court shall appoint one to represent the ward. (f) Notice of the hearing and copies of the objections and medical examination reports shall be served upon the ward, the ward’s attorney, the guardian, the ward’s next of kin, and any other interested persons as directed by the court. (3) Order of restoration. —

(a) If no objections are filed, and the court is satisfied that the medical examination establishes by a preponderance of the evidence that restoration of all or some of the ward’s rights is appropriate, the court shall enter an order of restoration of capacity, restoring all or some of the rights which were removed from the ward in accordance with those findings. (b) At the conclusion of a hearing, conducted pursuant to s. 744.1095, the court shall make specific findings of fact and, based on a preponderance of the evidence, enter an order either denying the suggestion of capacity or restoring all or some of the rights which were removed from the ward. The ward has the burden of proving by a preponderance of the evidence that the restoration of capacity is warranted. (c) If only some rights are restored to the ward, the order must state which rights are restored, and the guardian shall prepare a new guardianship report which addresses only the remaining rights retained by the guardian. The guardian must file a copy of the new report with the court within 60 days after the entry of the order. (4) Timeliness of hearing. — The court shall give priority to any suggestion of capacity and shall advance the cause on the calendar. HISTORY: SS. 10, 26, ch. 75-222; s. 1, ch. 77-174; s. 81, ch. 89-96; s. 57, ch. 90-271; s. 1104, ch. 97-102; s. 22, ch. 2006-178, eff. July 1, 2006; s. 19, ch. 2015-83, effective July 1, 2015. Editor’s Notes Section 20, ch. 2015-83, provides: “Sections 709.2109 and 744.3203, Florida Statutes, as created by this act, apply to all proceedings filed on or after July 1, 2015. The amendments made by this act to ss. 744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309, 744.3115, 744.312, 744.331, 744.344, 744.345, 744.359, 744.361, 744.367, 744.369, 744.3715, and 744.464, Florida Statutes, apply to all proceedings pending on July 1, 2015.”

« Title XLIII. », • Ch. 744. », « Pt. VII. », « § 744.467. » Fla. Stat. § 744.467

§ 744.467. Resignation of guardian. A guardian may resign and be relieved of his or her duties after the notice that the court may require and notice to the surety on his or her bond. Before entering an order discharging a guardian of the property, the court shall require the guardian to file a true and correct final report of his or her guardianship and to deliver to the successor guardian all property of the ward, all records concerning the property of the ward or of the guardianship, and all money due to the ward from him or her. A guardian of the person must deliver to the successor guardian copies of all records of medical or personal care, prior to being discharged. Before entering the order, the court shall be satisfied that the interest of the ward will not be placed in jeopardy by the resignation. The acceptance of the resignation shall not exonerate the guardian or the guardian’s surety from any liability previously incurred. HISTORY: S. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 1, ch. 77-174; s. 82, ch. 89-96; s. 58, ch. 90-271; s. 1105, ch. 97-102. Editor’s notes. Created from former s. 746.01.

« Title XLIII. », • Ch. 744. », « Pt. VII. », « § 744.471. » Fla. Stat. § 744.471

§ 744.471. Appointment of successor. A successor guardian must be appointed and duly qualified before a guardian shall be relieved of his or her duties and obligations as provided in s. 744.467. A successor guardian shall be appointed if a guardian dies, becomes incapacitated, or is removed. Successor guardians are governed by the laws concerning guardianships. HISTORY: S. 1, ch. 74-106; s. 83, ch. 89-96; s. 26, ch. 95-401; s. 1106, ch. 97-102. Editor’s notes. Created from former s. 746.02.

« Title XLIII. », • Ch. 744. », « Pt. VII. », « § 744.474. » Fla. Stat. § 744.474

§ 744.474. Reasons for removal of guardian. A guardian may be removed for any of the following reasons, and the removal shall be in addition to any other penalties prescribed by law: (1) Fraud in obtaining her or his appointment. (2) Failure to discharge her or his duties. (3) Abuse of her or his powers. (4) An incapacity or illness, including substance abuse, which renders the guardian incapable of discharging her or his duties. (5) Failure to comply with any order of the court. (6) Failure to return schedules of property sold or accounts of sales of property or to produce and exhibit the ward’s assets when so required. (7) The wasting, embezzlement, or other mismanagement of the ward’s property. (8) Failure to give bond or security for any purpose when required by the court or failure to file with the annual guardianship plan the evidence required by s. 744.351 that the sureties on her or his bond are alive and solvent. (9) Conviction of a felony. (10) Appointment of a receiver, trustee in bankruptcy, or liquidator for any corporate guardian. (11) Development of a conflict of interest between the ward and the guardian. (12) Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction. (13) A material failure to comply with the guardianship report by the guardian. (14) A failure to comply with the rules for timely filing the initial and

annual guardianship reports. (15) A failure to fulfill the guardianship education requirements. (16) The improper management of the ward’s assets. (17) A material change in the ward’s financial circumstances such that the guardian is no longer qualified to manage the finances of the ward, or the previous degree of management is no longer required. (18) After appointment, the guardian becomes a disqualified person as set forth in s. 744.309(3). (19) Upon a showing by a person who did not receive notice of the petition for adjudication of incapacity, when such notice is required, or who is related to the ward within the relationships specified for nonresident relatives in ss. 744.309(2) and 744.312(2) and who has not previously been rejected by the court as a guardian that the current guardian is not a family member and subsection (20) applies. (20) Upon a showing that removal of the current guardian is in the best interest of the ward. In determining whether a guardian who is related by blood or marriage to the ward is to be removed, there shall be a rebuttable presumption that the guardian is acting in the best interests of the ward. (21) A bad faith failure to submit guardianship records during the audit pursuant to s. 744.368. HISTORY: S. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 84, ch. 89-96; s. 138, ch. 95-418; s. 13, ch. 96-354; s. 1788, ch. 97-102; s. 283, ch. 99-8; s. 2, ch. 99-277; s. 111, ch. 2000-349; s. 32, ch. 2004-267; s. 23, ch. 2006-178, eff. July 1, 2006; s. 54, ch. 2010-114, eff. Aug. 1, 2010; s. 5, ch. 2014-124, effective July 1, 2014. Editor’s notes. Created from former s. 746.03. Section 32, ch. 2004-267, reenacted (12) without change to incorporate amendments to statutory sections referenced therein. Section 58, ch. 2010-114 provides: “The changes made by this act are

intended to be prospective in nature. It is not intended that persons who are employed or licensed on the effective date of this act be rescreened until such time as they are otherwise required to be rescreened pursuant to law, at which time they must meet the requirements for screening as set forth in this act.”

« Title XLIII. », • Ch. 744. », « Pt. VII. », « § 744.477. » Fla. Stat. § 744.477

§ 744.477. Proceedings for removal of a guardian. Proceedings for removal of a guardian may be instituted by the court, by any surety or other interested person, or by the ward. Reasonable notice shall be given to the guardian. On the hearing, the court may enter an order that is proper considering the pleadings and the evidence. HISTORY: S. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 85, ch. 89-96; s. 59, ch. 90-271. Editor’s notes. Created from former s. 746.04.

« Title XLIII. », • Ch. 744. », « Pt. VII. », « § 744.511. » Fla. Stat. § 744.511

§ 744.511. Accounting upon removal. A removed guardian shall file with the court a true, complete, and final report of his or her guardianship within 20 days after removal and shall serve a copy on the successor guardian and the ward, unless the ward is a minor or has been determined to be totally incapacitated. HISTORY: S. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 86, ch. 89-96; s. 60, ch. 90-271; s. 1107, ch. 97-102; s. 24, ch. 2006-178, eff. July 1, 2006. Editor’s notes. Created from former s. 746.05.

« Title XLIII. », • Ch. 744. », « Pt. VII. », « § 744.514. » Fla. Stat. § 744.514

§ 744.514. Surrender of property upon removal. The successor guardian shall demand of the removed guardian or her or his heirs, personal representative, or surety all the property of the ward and copies of all records of the ward. The removed guardian or her or his heirs, personal representative, or surety shall turn over the items to her or his duly qualified successor. HISTORY: S. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 87, ch. 89-96; s. 61, ch. 90-271; s. 1108, ch. 97-102. Editor’s notes. Created from former s. 746.06.

« Title XLIII. », • Ch. 744. », « Pt. VII. », « § 744.517. » Fla. Stat. § 744.517

§ 744.517. Proceedings for contempt. If a removed guardian of the property fails to file a true, complete, and final accounting of his or her guardianship; to turn over to his or her successor or to the ward all the property of his or her ward and copies of all records that are in his or her control and that concern the ward; or to pay over to the successor guardian of the property or to the ward all money due the ward by him or her, the court shall issue a show cause order. If cause is shown for the default, the court shall set a reasonable time within which to comply, and, on failure to comply with this or any subsequent order, the removed guardian may be held in contempt. Proceedings for contempt may be instituted by the court, by any interested person, including the ward, or by a successor guardian. HISTORY: S. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 88, ch. 89-96; s. 62, ch. 90-271; s. 1109, ch. 97-102. Editor’s notes. Created from former ss. 746.07, 746.08.

« Title XLIII. », • Ch. 744. », « Pt. VII. », « § 744.521. » Fla. Stat. § 744.521

§ 744.521. Termination of guardianship. When a ward becomes sui juris or is restored to capacity, when the guardian has been unable to locate the ward through diligent search, or, for a guardian of the property, when the property subject to the guardianship has been exhausted, the guardian shall file a final report and receive his or her discharge. A guardian of the person is discharged without further proceeding upon filing a certified copy of the ward’s death certificate. The court may require proof of the removal of incapacity. HISTORY: S. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 4, ch. 86-120; s. 89, ch. 89-96; s. 63, ch. 90-271; s. 1110, ch. 97-102. Editor’s notes. Created from former s. 746.12.

« Title XLIII. », • Ch. 744. », « Pt. VII. », « § 744.524. » Fla. Stat. § 744.524

§ 744.524. Termination of guardianship on change of domicile of resident ward. When the domicile of a resident ward has changed as provided in s. 744.1098, and the foreign court having jurisdiction over the ward at the ward’s new domicile has appointed a guardian and that guardian has qualified and posted a bond in an amount required by the foreign court, the guardian in this state may file her or his final report and close the guardianship in this state. The guardian of the property in this state shall cause a notice to be published once a week for 2 consecutive weeks, in a newspaper of general circulation published in the county, that she or he has filed her or his accounting and will apply for discharge on a day certain and that jurisdiction of the ward will be transferred to the state of foreign jurisdiction. If an objection is filed to the termination of the guardianship in this state, the court shall hear the objection and enter an order either sustaining or overruling the objection. Upon the disposition of all objections filed, or if no objection is filed, final settlement shall be made by the Florida guardian. On proof that the remaining property in the guardianship has been received by the foreign guardian, the guardian of the property in this state shall be discharged. The entry of the order terminating the guardianship in this state shall not exonerate the guardian or the guardian’s surety from any liability previously incurred. HISTORY: S. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 90, ch. 89-96; s. 64, ch. 90-271; s. 1111, ch. 97-102; s. 37, ch. 2016-40, effective March 10, 2016. Editor’s notes. Created from former s. 746.121.

« Title XLIII. », • Ch. 744. », « Pt. VII. », « § 744.527. » Fla. Stat. § 744.527

§ 744.527. Final reports and application for discharge; hearing. (1) When the court terminates the guardianship for any of the reasons set forth in s. 744.521, the guardian shall promptly file his or her final report. If the ward has died, the guardian must file a final report with the court no later than 45 days after he or she has been served with letters of administration or letters of curatorship. If no objections are filed and if it appears that the guardian has made full and complete distribution to the person entitled and has otherwise faithfully discharged his or her duties, the court shall approve the final report. If objections are filed, the court shall conduct a hearing in the same manner as provided for a hearing on objections to annual guardianship reports. (2) The guardian applying for discharge may retain from the funds in his or her possession a sufficient amount to pay the final costs of administration, including guardian and attorney’s fees regardless of the death of the ward, accruing between the filing of his or her final returns and the order of discharge. HISTORY: S. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 91, ch. 89-96; s. 65, ch. 90-271; s. 1112, ch. 97-102; s. 25, ch. 2006-178, eff. July 1, 2006. Editor’s notes. Created from former s. 746.13.

« Title XLIII. », • Ch. 744. », « Pt. VII. », « § 744.528. » Fla. Stat. § 744.528

§ 744.528. Discharge of guardian named as personal representative. (1) A guardian authorized to manage property, who is subsequently appointed personal representative, must serve a copy of the guardian’s final report and petition for discharge upon the beneficiaries of the ward’s estate who will be affected by the report. (2) All such beneficiaries shall have 30 days to file objections to the final report and petition for discharge. (3) Any interested person may file a notice of a hearing on any objections filed by the beneficiaries. Notice of the hearing must be served upon the guardian, beneficiaries of the ward’s estate, and any other person to whom the court directs service. If a notice of hearing on the objections is not served within 90 days after filing of the objections, the objections are deemed abandoned. (4) The guardian may not be discharged until: (a) All objections have been judicially resolved; (b) The report of the guardian is approved by the court; and (c) In the case of a guardian of the property, all property has been distributed to the ward’s estate or the persons entitled to it. HISTORY: S. 92, ch. 89-96; s. 66, ch. 90-271; s. 26, ch. 2006-178, eff. July 1, 2006.

« Title XLIII. », • Ch. 744. », « Pt. VII. », « § 744.531. » Fla. Stat. § 744.531

§ 744.531. Order of discharge. If the court is satisfied that the guardian has faithfully discharged her or his duties, has rendered a complete and accurate final report, and, in the case of a guardian of the property, has delivered the property of the ward to the person entitled, and that the interest of the ward is protected, the court shall enter an order of discharge. The discharge shall operate as a release from the duties of the guardianship and as a bar to any action against the guardian or the guardian’s surety unless the action is commenced within 3 years after the date of the order. HISTORY: S. 1, ch. 74-106; ss. 21, 26, ch. 75-222; s. 93, ch. 89-96; s. 67, ch. 90-271; s. 1113, ch. 97-102. Editor’s notes. Created from former s. 746.14.

« Title XLIII. », • Ch. 744. », « Pt. VII. », « § 744.534. • Fla. Stat. § 744.534

§ 744.534. Disposition of unclaimed funds held by guardian. (1) In all cases in which it is appropriate for the guardianship to terminate due to the ward’s death and in which property in the hands of the guardian cannot be distributed because no estate proceeding has been instituted, the guardian of the property shall be considered an interested person pursuant to s. 733.202 and may, after a reasonable time, institute such a proceeding. In the alternative, the guardian may follow the procedures set forth in subsection (2). (2)(a) In those cases in which it is appropriate for the guardianship to terminate pursuant to s. 744.521 and in which property in the hands of a guardian cannot be distributed to the ward or the ward’s estate solely because the guardian is unable to locate the ward through diligent search, the court shall order the guardian of the property to sell the property of the ward and deposit the proceeds and cash already on hand after retaining those amounts provided for in paragraph (e) with the clerk of the court exercising jurisdiction over the guardianship and receive a receipt. The clerk shall deposit the funds in the registry of the court, to be disposed of as follows: 1. If the value of the funds is $50 or less, the clerk shall post a notice for 30 days at the courthouse door giving the amount involved, the name of the ward, and other pertinent information that will put interested persons on notice. 2. If the value of the funds is over $50, the clerk shall publish the notice once a month for 2 consecutive months in a newspaper of general circulation in the county. 3. After the expiration of 6 months from the posting or first publication, the clerk shall deposit the funds with the Chief Financial Officer after deducting his or her fees and the costs of publication. (b) Upon receipt of the funds, the Chief Financial Officer shall deposit them to the credit of public guardianship. All interest and all income that may accrue from the money while so deposited shall belong to the fund. The funds so deposited shall constitute and be a permanent appropriation for payments

by the Chief Financial Officer in obedience to court orders entered as provided by paragraph (c). (c) Within 5 years from the date of deposit with the Chief Financial Officer, on written petition to the court that directed the deposit of the funds and informal notice to the Department of Legal Affairs, and after proof of his or her right to them, any person entitled to the funds, before or after payment to the Chief Financial Officer and deposit as provided for in paragraph (a), may obtain a court order directing the payment of the funds to him or her. All funds deposited with the Chief Financial Officer and not claimed within 5 years from the date of deposit shall escheat to the state to be deposited in the Department of Elderly Affairs Administrative Trust Fund to be used solely for the benefit of public guardianship as determined by the Secretary of Elderly Affairs. (d) Upon depositing the funds with the clerk, the guardian of the property may proceed with the filing of his or her final return and application for discharge under s. 744.527. (e) The guardian depositing assets with the clerk is permitted to retain from the funds in his or her possession a sufficient amount to pay the final costs of administration, including guardian and attorney’s fees accruing between the deposit of the funds with the clerk of the court and the order of discharge. Any surplus funds so retained must be deposited with the clerk prior to discharge of the guardian of the property. HISTORY: S. 5, ch. 86-120; s. 94, ch. 89-96; s. 68, ch. 90-271; s. 1114, ch. 97-102; s. 7, ch. 2002-195; s. 13, ch. 2003-57; s. 1898, ch. 2003-261.

« Title XLIII. », • Ch. 744. », « Pt. VIII. » Fla. Stat. Title XLIII, Ch. 744, Pt. VIII

PART VIII. VETERANS’ GUARDIANSHIP. « Title XLIII. », • Ch. 744. », « Pt. VIII. », • § 744.602. » Fla. Stat. § 744.602

§ 744.602. Short title; scope of part. (1) This part shall be known and may be cited as the “Veterans’ Guardianship Law.” (2) The application of this part is limited to veterans and other persons who are entitled to receive benefits from the United States Department of Veterans Affairs. This part is not intended to replace the general law relating to guardianship except insofar as this part is inconsistent with the general law relating to guardianship; in which event, this part and the general law relating to guardianship shall be read together, with any conflict between this part and the general law of guardianship to be resolved by giving effect to this part. HISTORY: S. 18, ch. 14579, 1929; CGL 1936 Supp. 2146(1); s. 1, ch. 84-62; s. 38, ch. 93-268. Editor’s notes. Former s. 293.01.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.604. » Fla. Stat. § 744.604

§ 744.604. Definitions. As used in this part, the term: (1) “Adjudication by a court of competent jurisdiction” means a judicial decision or finding that a person is or is not incapacitated as provided in s. 744.331. (2) “Adjudication by the United States Department of Veterans Affairs” means a determination or finding that a person is competent or incompetent on examination in accordance with the laws and regulations governing the United States Department of Veterans Affairs. (3) “Secretary” means the Secretary of Veterans Affairs as head of the United States Department of Veterans Affairs or her or his successor. (4) “Benefits” means arrears of pay, bonus, pension, compensation, insurance, and all other moneys paid or payable by the United States through the United States Department of Veterans Affairs by reason of service in the Armed Forces of the United States. (5) “Estate” means income on hand and assets acquired in whole or in part with income. (6) “Guardian” means any person acting as a fiduciary for a ward’s person or the ward’s estate, or both. (7) “Income” means moneys received from the United States Department of Veterans Affairs as benefits, and revenue or profit from any property acquired in whole or in part with such moneys. (8) “Person” means an individual, a partnership, a corporation, or an association. (9) “United States Department of Veterans Affairs” means the United States Department of Veterans Affairs or its predecessors or successors. (10) “Ward” means a beneficiary of the United States Department of Veterans Affairs. HISTORY:

S. 1, ch. 14579, 1929; CGL 1936 Supp. 2146(2); s. 1, ch. 73-304; s. 2, ch. 84-62; s. 95, ch. 89-96; s. 39, ch. 93-268; s. 1115, ch. 97-102. Editor’s notes. Former s. 293.02.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.607. » Fla. Stat. § 744.607

§ 744.607. Secretary of Veterans Affairs as party in interest. The Secretary of Veterans Affairs shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the United States Department of Veterans Affairs. Not less than 15 days prior to hearing in such matter, notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the United States Department of Veterans Affairs having jurisdiction over the area in which any such suit or any such proceeding is pending. HISTORY: S. 3, ch. 21795, 1943; s. 3, ch. 84-62; s. 40, ch. 93-268. Editor’s notes. Former s. 293.20.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.609. » Fla. Stat. § 744.609

§ 744.609. Procedure for commitment of veteran to United States Department of Veterans Affairs hospital. The procedure for the placement into a United States Department of Veterans Affairs hospital of a ward hereunder shall be the procedure prescribed in s. 394.4672. HISTORY: S. 22, ch. 84-62; s. 41, ch. 93-268.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.613. » Fla. Stat. § 744.613

§ 744.613. Appointment of guardian for ward authorized. (1) Whenever, pursuant to any law of the United States or regulation of the United States Department of Veterans Affairs, the secretary requires, prior to the payment of benefits, that a guardian be appointed for a ward, the appointment may be made in the manner hereinafter provided. (2) When a petition is filed for the appointment of a guardian of a minor ward, a certificate of the secretary or the secretary’s authorized representative setting forth the age of such minor, as shown by the records of the United States Department of Veterans Affairs, and a statement that the appointment of a guardian is a condition precedent to the payment of any moneys due to the minor by the United States Department of Veterans Affairs are prima facie evidence of the necessity for such appointment. (3) When a petition is filed for the appointment of a guardian of a mentally incompetent ward, a certificate of the secretary or the secretary’s authorized representative, setting forth the fact that the person has been found incompetent and has been rated incompetent by the United States Department of Veterans Affairs, on examination in accordance with the laws and regulations governing the United States Department of Veterans Affairs, and that the appointment of a guardian is a condition precedent to the payment of any moneys due to such person by the United States Department of Veterans Affairs, is prima facie evidence of the necessity for such appointment. HISTORY: SS. 2, 5, 6, ch. 14579, 1929; CGL 1936 Supp. 2146(3), (6), (7); s. 1, ch. 73-304; s. 5, ch. 84-62; s. 42, ch. 93-268; s. 1116, ch. 97-102. Editor’s notes. Consolidation of former ss. 293.03, 293.06, 293.07.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.616. » Fla. Stat. § 744.616

§ 744.616. Petition for appointment of guardian. (1) A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by, or on behalf of, any person who under existing law is entitled to priority of appointment. If no person is so entitled, or if the person so entitled neglects or refuses to file such a petition within 30 days after the mailing of notice by the United States Department of Veterans Affairs to the last known address of such person, indicating the necessity for filing the petition, a petition for such appointment may be filed in any court of competent jurisdiction by, or on behalf of, any responsible person residing in this state. (2)(a) The petition for appointment shall set forth: 1. The name, age, and place of residence of the ward; 2. The names and places of residence of the nearest relative, if known; 3. The fact that the ward is entitled to receive moneys payable by or through the United States Department of Veterans Affairs; 4. The amount of moneys then due and the amount of probable future payments; 5. The name and address of the person or institution, if any, having actual custody of the ward; and 6. The name, age, relationship, if any, occupation, and address of the proposed guardian. (b) In the case of a mentally incompetent ward, the petition shall show that the ward has been found incompetent and has been rated incompetent on examination by the United States Department of Veterans Affairs, in accordance with the laws and regulations governing the United States Department of Veterans Affairs. HISTORY: S. 4, ch. 14579, 1929; CGL 1936 Supp. 2146(5); s. 1, ch. 73-304; s. 6, ch. 84-62; s. 43, ch. 93-268.

Editor’s notes. Former s. 293.05.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.617. » Fla. Stat. § 744.617

§ 744.617. Notice by court of petition filed for appointment of guardian. (1) When a petition for the appointment of a guardian has been filed pursuant to s. 744.616, the court shall cause such notice to be given as provided by the general guardianship law. In addition, notice of the petition shall be given to the office of the United States Department of Veterans Affairs having jurisdiction over the area in which the court is located. (2) A copy of the petition provided for in s. 744.616 shall be mailed by the clerk of the court to the person or persons for whom a guardian is to be appointed, the clerk of court mailing the copy of the petition to the last known address of such person or persons not less than 5 days prior to the date set for the hearing of the petition by the court. HISTORY: S. 2, ch. 11906, 1927; s. 7, ch. 14579, 1929; CGL 2134; CGL 1936 Supp. 2146(8); s. 7, ch. 84-62; s. 44, ch. 93-268. Editor’s notes. Consolidation of former ss. 293.08, 294.03.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.618. » Fla. Stat. § 744.618

§ 744.618. Persons who may be appointed guardian. (1) Notwithstanding any law with respect to priority of persons entitled to appointment, or nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian if the court determines that the appointment of the other individual or bank or trust company would be in the best interest of the ward. (2) It is unlawful for a circuit judge to appoint either herself or himself, or a member of her or his family, as guardian for any person entitled to the benefits provided for in 38 U.S.C., as amended, except in a case when the person entitled to such benefits is a member of the family of the circuit judge involved. HISTORY: S. 4, ch. 11906, 1927; CGL 2136; s. 24, ch. 73-334; s. 6, ch. 84-62; s. 1117, ch. 97-102. Editor’s notes. Former s. 294.04.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.619. » Fla. Stat. § 744.619

§ 744.619. Bond of guardian. When the appointment of a guardian is made, the guardian shall execute and file a bond to be approved by the court in an amount not less than the sum of the amount of moneys then due to the ward and the amount of moneys estimated to become payable during the ensuing year. The bond shall be in the form, and shall be conditioned, as required of guardians appointed under the general guardianship laws of this state. The court has the power to require, from time to time, the guardian to file an additional bond. HISTORY: S. 8, ch. 14579, 1929; CGL 1936 Supp. 2146(9); s. 7, ch. 84-62. Editor’s notes. Former s. 293.09.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.621. » Fla. Stat. § 744.621

§ 744.621. Inventory of ward’s property; guardian’s failure to file inventory; discharge; forfeiture of commissions. Every guardian shall, within 30 days after his or her qualification and whenever subsequently required by the circuit judge, file in the circuit court a complete inventory of all the ward’s personal property in his or her hands and, also, a schedule of all real estate in the state belonging to his or her ward, describing it and its quality, whether it is improved or not, and, if it is improved, in what manner, and the appraised value of same. The failure on the part of the guardian to conform to the requirements of this section is a ground for the discharge of the guardian, in which case the guardian shall forfeit all commissions. HISTORY: S. 6, ch. 11906, 1927; CGL 2138; s. 24, ch. 73-334; s. 10, ch. 84-62; s. 1118, ch. 97-102. Editor’s notes. Former s. 294.06.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.622. » Fla. Stat. § 744.622

§ 744.622. Guardian empowered to receive moneys due ward from the United States Government. A guardian appointed under the provisions of s. 744.616 may receive income and benefits payable by the United States through the United States Department of Veterans Affairs and also has the right to receive for the account of the ward any moneys due from the United States Government in the way of arrears of pay, bonus, compensation or insurance, or other sums due by reason of his or her service (or the service of the person through whom the ward claims) in the Armed Forces of the United States and any other moneys due from the United States Government, payable through its agencies or entities, together with the income derived from investments of these moneys. HISTORY: S. 6, ch. 11906, 1927; CGL 2138; s. 8, ch. 84-62; s. 45, ch. 93-268; s. 1119, ch. 97-102. Editor’s notes. Former s. 294.05.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.624. » Fla. Stat. § 744.624

§ 744.624. Guardian’s application of estate funds for support and maintenance of person other than ward. A guardian shall not apply any portion of the estate of her or his ward to the support and maintenance of any person other than her or his ward, except upon order of the court after a hearing, notice of which has been given to the proper office of the United States Department of Veterans Affairs as provided in s. 744.625. HISTORY: S. 13, ch. 14579, 1929; CGL 1936 Supp. 2146(14); s. 1, ch. 73-304; s. 10, ch. 84-62; s. 46, ch. 93-268; s. 1120, ch. 97-102. Editor’s notes. Former s. 293.14.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.625. » Fla. Stat. § 744.625

§ 744.625. Petition for support, or support and education, of ward’s dependents; payments of apportioned benefits prohibit contempt action against veteran. (1) Any person who is dependent on a ward for support may petition a court of competent jurisdiction for an order directing the guardian of the ward’s estate to contribute from the estate of the ward to the support, or support and education, of the dependent person, when the estate of the ward is derived in whole or in part from payments of compensation, adjusted compensation, pension, insurance, or other benefits made directly to the guardian of the ward by the United States Department of Veterans Affairs. A notice of the application for support, or support and education, shall be given by the applicant to the office of the United States Department of Veterans Affairs having jurisdiction over the area in which the court is located at least 15 days before the hearing on the application. (2) The grant or denial of an order for support, or support and education, does not preclude a further petition for an increase, decrease, modification, or termination of the allowance for such support, or support and education, by either the petitioner or the guardian. (3) The order for the support, or support and education, of the petitioner is valid for any payment made pursuant to the order, but no valid payment can be made after the termination of the guardianship. The receipt of the petitioner shall be a sufficient release of the guardian for payments made pursuant to the order. (4) When a claim for apportionment of benefits filed with the United States Department of Veterans Affairs on behalf of a dependent or dependents of a disabled veteran is approved by the United States Department of Veterans Affairs, subsequent payments of such apportioned benefits by the United States Department of Veterans Affairs prohibit an action for contempt from being instituted against the veteran. HISTORY: S. 9, ch. 84-62; s. 47, ch. 93-268.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.626. » Fla. Stat. § 744.626

§ 744.626. Exemption of benefits from claims of creditors. Except as provided by federal law, payments of benefits from the United States Department of Veterans Affairs or the Social Security Administration to or for the benefit of a disabled veteran or the veteran’s surviving spouse or dependents are exempt from the claims of creditors and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after the receipt of the payments by the guardian or the beneficiary. HISTORY: S. 9, ch. 84-62; s. 48, ch. 93-268; s. 1121, ch. 97-102.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.627. » Fla. Stat. § 744.627

§ 744.627. Investment of funds of estate by guardian. Every guardian shall invest the funds of the estate in such manner or in such securities, in which the guardian has no interest, as allowed by chapter 518. HISTORY: S. 12, ch. 14579, 1929; s. 1, ch. 17473, 1935; CGL 1936 Supp. 2146(13); s. 10, ch. 84-62. Editor’s notes. Former s. 293.13.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.631. » Fla. Stat. § 744.631

§ 744.631. Guardian’s petition for authority to sell ward’s real estate; notice by publication; penalties. (1) When a guardian of the estate of a minor or an incompetent ward, which guardian has the control or management of any real estate that is the property of such minor or incompetent, deems it necessary or expedient to sell all or part of the real estate, the guardian shall apply, either in term time or in vacation by petition to the judge of the circuit court for the county in which the real estate is situated, for authority to sell all or part of the real estate. If the prayer of the petition appears to the judge to be reasonable and just and financially beneficial to the estate of the ward, the judge may authorize the guardian to sell the real estate described in the petition under such conditions as the interest of the minor or incompetent may, in the opinion of the judge, seem to require. (2) The authority to sell the real estate described in the petition shall not be granted unless the guardian has given previous notice, published once a week for 4 successive weeks in a newspaper published in the county where the application is made, of his or her intention to make application to the judge for authority to sell such real estate, the guardian setting forth in the notice the time and place and to what judge the application will be made. If the lands lie in more than one county, the application for such authority shall be made in each county in which the lands lie. (3) The failure on the part of the guardian to comply with the provisions of this section makes the guardian and the guardian’s bond agents individually responsible for any loss that may accrue to the estate of the ward involved, and is a ground for the immediate removal of such guardian as to his or her functions, but does not discharge the guardian as to his or her liability or discharge the liabilities of his or her sureties. HISTORY: S. 9, ch. 11906, 1927; CGL 2141; s. 24, ch. 73-334; s. 11, ch. 84-62; s. 1122, ch. 97-102. Editor’s notes.

Former s. 294.10.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.634. » Fla. Stat. § 744.634

§ 744.634. Guardian’s accounts, filing with court and certification to United States Department of Veterans Affairs; notice and hearing on accounts; failure to account. (1) Every guardian who receives on account of his or her ward any moneys from the United States Department of Veterans Affairs shall annually file with the court on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate account under oath, which account is an account of all moneys so received by him or her and of all disbursements from such moneys, and which account shows the balance of the moneys in his or her hands at the date of such filing and shows how the moneys are invested. A certified copy of each of such accounts filed with the court shall be sent by the guardian to the office of the United States Department of Veterans Affairs having jurisdiction over the area in which such court is located. If the requirement of certification is waived in writing by the United States Department of Veterans Affairs, an uncertified copy of each of such accounts shall be sent. (2) The court, at its discretion or upon the petition of an interested party, shall fix a time and place for the hearing on such account; and notice of the hearing shall be given by the court to the United States Department of Veterans Affairs not less than 15 days prior to the date fixed for the hearing. (3) The court need not appoint a guardian ad litem to represent the ward at the hearing provided for in subsection (2). If the residence of the next kin of the ward is known, notice by registered mail shall be sent to such relative. Notice also shall be served on the ward; or, if the ward is mentally incapable of understanding the matter at issue, the notice may be served on the person in charge of the institution where the ward is detained, or on the person having charge or custody of the ward. (4) When a hearing on an account is required by the court or requested in the petition of an interested party as provided in subsection (2), the judge of the court on the day of the hearing as provided for in subsection

(2) shall carefully examine the vouchers and audit and state the account between the guardian and ward. Proper evidence shall be required in support of any voucher or item of the account that may appear to the court not to be just and proper, such evidence to be taken by affidavit or by any other legal mode. If any voucher is rejected, the item or items covered by the disapproval of any voucher or vouchers shall be taxed against the guardian personally. After such examination, the court shall render a decree upon the account, which shall be entered on the record, and the account and vouchers shall be filed. Such partial settlement shall be taken and presumed as correct on final settlement of the guardianship. (5) If a guardian fails to file any account of the moneys received by him or her from the United States Department of Veterans Affairs on account of his or her ward within 30 days after such account is required by either the court or the United States Department of Veterans Affairs, or fails to furnish the United States Department of Veterans Affairs a copy of his or her accounts as required by subsection (1), such failure shall be a ground for the removal of the guardian. HISTORY: SS. 7, 8, ch. 11906, 1927; CGL 2139, 2140; ss. 9, 10, ch. 14579, 1929; CGL 1936 Supp. 2146(10), (11); s. 1, ch. 73-304; s. 12, ch. 84-62; s. 49, ch. 93-268; s. 1123, ch. 97-102. Editor’s notes. Consolidation of former ss. 293.10, 293.11, 294.08, 294.09.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.637. » Fla. Stat. § 744.637

§ 744.637. Certified copies of public records made available. When a copy of any public record is required by the United States Department of Veterans Affairs to be used in determining the eligibility of any person to participate in benefits made available by the United States Department of Veterans Affairs, the official charged with the custody of such public record shall, without charge, provide to the applicant for such benefits or any person acting on her or his behalf, or to the authorized representative of the United States Department of Veterans Affairs, a certified copy of such record. For each and every certified copy so furnished by the official, the official shall be paid by the board of county commissioners the fee provided by law for copies. HISTORY: S. 14, ch. 14579, 1929; CGL 1936 Supp. 2146(15); s. 7, ch. 29749, 1955; s. 1, ch. 73-304; s. 13, ch. 84-62; s. 50, ch. 93-268; s. 1124, ch. 97-102. Editor’s notes. Former s. 293.15.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.638. » Fla. Stat. § 744.638

§ 744.638. Clerk of the circuit court; fees; duties. Upon the filing of the petition for guardianship, granting of same, and entering decree thereon, the clerk of the circuit court is entitled to the service charge as provided by law, which shall include the cost of recording the petition, bond, and decree and the issuing of letters of guardianship. The certificate of the secretary or the secretary’s authorized representative provided for in s. 744.613 need not be recorded but must be kept in the file. Upon issuing letters of guardianship or letters appointing a guardian for the estate of a minor or incompetent, the clerk of the circuit court shall send to the regional office of the United States Department of Veterans Affairs having jurisdiction in this state two certified copies of the letters and two certified copies of the bond approved by the court, without charge or expense to the estate involved. The clerk of the circuit court shall also send a certified copy of such letters to the property appraiser and to the tax collector in each county in which the ward owns real property. HISTORY: S. 10, ch. 11906, 1927; CGL 2142; s. 1, ch. 73-304; s. 24, ch. 73-334; s. 7, ch. 84-62; s. 11, ch. 87-145; s. 51, ch. 93-268; s. 1125, ch. 97-102. Editor’s notes. Former s. 294.11.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.639. » Fla. Stat. § 744.639

§ 744.639. Attorney’s fee. The fee for the attorney filing the petition and conducting the proceedings shall be fixed by the court in an amount as small as reasonably possible, not to exceed $250. However, this section is not to be interpreted to exclude a petition for extraordinary attorney’s fees, properly filed, and if approved by the United States Department of Veterans Affairs, does not necessitate a hearing before the court for approval, but the court shall enter its order for withdrawal of said attorney’s fees from the ward’s guardianship account accordingly. HISTORY: S. 7, ch. 84-62; s. 31, ch. 95-401; s. 16, ch. 97-93.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.641. » Fla. Stat. § 744.641

§ 744.641. Guardian’s compensation; bond premiums. The amount of compensation payable to a guardian shall not exceed 5 percent of the income of the ward during any year and may be taken, by the guardian, on a monthly basis. In the event of extraordinary services rendered by such guardian, the court may, upon petition and after hearing on the petition, authorize additional compensation for the extraordinary services, payable from the estate of the ward. Provided that extraordinary services approved by the United States Department of Veteran’s Affairs do not require a court hearing for approval of the fees, but shall require an order authorizing the guardian to withdraw the amount from the guardianship account. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of her or his ward reasonable premiums paid by the guardian to any corporate surety upon the guardian’s bond. HISTORY: S. 11, ch. 14579, 1929; CGL 1936 Supp. 2146(12); s. 1, ch. 73-304; s. 14, ch. 84-62; s. 63, ch. 85-62; s. 52, ch. 93-268; s. 32, ch. 95-401; s. 1126, ch. 97-102; s. 85, ch. 99-3. Editor’s notes. Former s. 293.12.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.643. » Fla. Stat. § 744.643

§ 744.643. Discharge of guardian of minor or incompetent ward. When a minor ward, for whom a guardian has been appointed under the provisions of this part or other laws of this state, attains his or her majority and, if such minor ward has been incompetent, is declared competent by the United States Department of Veterans Affairs and the court, or when an incompetent ward who is not a minor is declared competent by the United States Department of Veterans Affairs and the court, the guardian shall, upon making a satisfactory accounting, be discharged upon a petition filed for that purpose. HISTORY: S. 16, ch. 14579, 1929; CGL 1936 Supp. 2146(17); s. 1, ch. 73-304; s. 15, ch. 84-62; s. 53, ch. 93-268; s. 1127, ch. 97-102. Editor’s notes. Former s. 293.17.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.646. » Fla. Stat. § 744.646

§ 744.646. Final settlement of guardianship; notice required; guardian ad litem fee; papers required by United States Department of Veterans Affairs. On the final settlement of the guardianship, the notice provided herein for partial settlement must be given and the other proceedings conducted as in the case of partial settlement, except that a guardian ad litem may be appointed to represent the ward, the fee of which guardian ad litem shall in no case exceed $150. However, if the ward has been pronounced competent, is shown to be mentally sound, appears in court, and is 18 years of age, the settlement may be had between the guardian and the ward under the direction of the court without notice to the next of kin, or the appointment of a guardian ad litem. A certified copy of the final settlement so made in every case must be filed with the United States Department of Veterans Affairs by the clerk of the court. HISTORY: S. 11, ch. 11906, 1927; CGL 2143; s. 1, ch. 73-304; s. 13, ch. 77-121; s. 16, ch. 84-62; s. 54, ch. 93-268. Editor’s notes. Former s. 294.12.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.649. » Fla. Stat. § 744.649

§ 744.649. Notice of appointment of general guardian; closing of veteran’s guardianship; transfer of responsibilities and penalties to general guardian. When the appointment of a general guardian has been made in the proper court and such guardian has qualified and taken charge of the other property of the ward, the general guardian shall file notice of such appointment in the court in which the veteran’s guardianship is pending and have the veteran’s guardianship settled up and closed so that the general guardian may take charge of the moneys referred to and described in ss. 744.613(2) and (3) and 744.622. When the appointment of a general guardian, whether for an incompetent or minor child or another beneficiary entitled to the benefits provided in 38 U.S.C., as amended, has been confirmed by the court having jurisdiction, such general guardian is responsible and is subject to the provisions and penalties contained in 38 U.S.C., as amended, as well as the requirements pertaining to guardians as set forth in this part. HISTORY: S. 6, ch. 11906, 1927; CGL 2138; s. 17, ch. 84-62. Editor’s notes. Former s. 294.07.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.652. » Fla. Stat. § 744.652

§ 744.652. Construction and application of part. This part shall be construed liberally to secure the beneficial intents and purposes of this part and applies only to beneficiaries of the United States Department of Veterans Affairs. It shall be so interpreted and construed as to effectuate its general purpose of making the welfare of such beneficiaries the primary concern of their guardians and of the court. HISTORY: SS. 17, 19, ch. 14579, 1929; CGL 1936 Supp. 2146(18); s. 1, ch. 73-304; s. 18, ch. 84-62; s. 55, ch. 93-268. Editor’s notes. Former s. 293.18.

« Title XLIII. », • Ch. 744. », « Pt. VIII. », « § 744.653. • Fla. Stat. § 744.653

§ 744.653. Annual guardianship report. Guardians appointed under the Veterans’ Guardianship Law shall not be required to comply with the provisions of s. 744.367. HISTORY: S. 6, ch. 91-306.

« Title XLIII. », • Ch. 744. », « Pt. IX. • Fla. Stat. Title XLIII, Ch. 744, Pt. IX

PART IX. PUBLIC GUARDIANSHIP. « Title XLIII. », • Ch. 744. », « Pt. IX. •, • § 744.701. » Fla. Stat. § 744.701

§ 744.701. Short title. [Repealed] HISTORY: S. 1, ch. 86-120; s. 96, ch. 89-96; repealed by s. 28, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.702. » Fla. Stat. § 744.702

§ 744.702. Legislative intent. [Repealed] HISTORY: S. 1, ch. 86-120; s. 97, ch. 89-96; s. 3, ch. 99-277; repealed by s. 29, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.7021. » Fla. Stat. § 744.7021

§ 744.7021. Statewide Public Guardianship Office. [Transferred] HISTORY: Former § 744.7021 was transferred to 744.2001 by s. 8, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.703. » Fla. Stat. § 744.703

§ 744.703. Office of public guardian; appointment, notification. [Transferred] HISTORY: Former § 744.703 was transferred to 744.2006 by s. 14, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.704. » Fla. Stat. § 744.704

§ 744.704. Powers and duties. [Transferred] HISTORY: Former § 744.704 was transferred to 744.2007 by s. 15, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.705. » Fla. Stat. § 744.705

§ 744.705. Costs of public guardian. [Transferred] HISTORY: Former § 744.705 was transferred to 744.2008 by s. 16, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.706. » Fla. Stat. § 744.706

§ 744.706. Preparation of budget. [Transferred] HISTORY: Former § 744.706 was transferred to 744.2009 by s. 17, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.707. » Fla. Stat. § 744.707

§ 744.707. Procedures and rules. [Transferred] HISTORY: Former § 744.707 was transferred to 744.2101 by s. 18, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.708. » Fla. Stat. § 744.708

§ 744.708. Reports and standards. [Transferred] HISTORY: Former § 744.708 was transferred to 744.2103 by s. 20, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.7081. » Fla. Stat. § 744.7081

§ 744.7081. Access to records by Statewide Public Guardianship Office; confidentiality. [Transferred] HISTORY: Former § 744.7081 was transferred to 744.2104 by s. 21, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.7082. » Fla. Stat. § 744.7082

§ 744.7082. Direct-support organization; definition; use of property; board of directors; audit; dissolution. [Transferred] HISTORY: Former § 744.7082 was transferred to 744.2105 by s. 22, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.709. » Fla. Stat. § 744.709

§ 744.709. Surety bond. [Transferred] HISTORY: Former § 744.709 was transferred to 744.2102 by s. 19, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.7101. » Fla. Stat. § 744.7101

§ 744.7101. Short title. [Repealed] HISTORY: S. 1, ch. 2004-260; repealed by s. 30, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.711. » Fla. Stat. § 744.711

§ 744.711. Legislative findings and intent. [Repealed] HISTORY: S. 2, ch. 2004-260; repealed by s. 31, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.712. » Fla. Stat. § 744.712

§ 744.712. Joining Forces for Public Guardianship grant program; purpose. [Transferred] HISTORY: Former § 744.712 was transferred to 744.2106 by s. 23, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.713. » Fla. Stat. § 744.713

§ 744.713. Program administration; duties of the Statewide Public Guardianship Office. [Transferred] HISTORY: Former § 744.713 was transferred to 744.2107 by s. 24, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.714. » Fla. Stat. § 744.714

§ 744.714. Eligibility. [Transferred] HISTORY: Former § 744.714 was transferred to 744.2108 by s. 25, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », • Ch. 744. », « Pt. IX. •, « § 744.715. • Fla. Stat. § 744.715

§ 744.715. Grant application requirements; review criteria; awards process. [Transferred] HISTORY: Former § 744.715 was transferred to 744.2109 by s. 26, ch. 2016-40, effective March 10, 2016.

« Title XLIII. », « Ch. 747. • Fla. Stat. Title XLIII, Ch. 747

CHAPTER 747. CONSERVATORSHIP. « Title XLIII. », « Ch. 747. •, • § 747.01. » Fla. Stat. § 747.01

§ 747.01. Who are absentees under this law. (1) Any person serving in or with the Armed Forces of the United States, in or with the Red Cross, in or with the Merchant Marine or otherwise, during any period of time when a state of hostilities exists between the United States and any other power and for 1 year thereafter, who has been reported or listed as missing in action, interned in a neutral country, beleaguered, besieged or captured by the enemy, shall be an “absentee” within the meaning of this law; and, (2) Any resident of this state, or any person owning property herein, who disappears under circumstances indicating that he or she may have died, either naturally, accidentally or at the hand of another, or may have disappeared as the result of mental derangement, amnesia or other mental cause, shall also be an “absentee” within the meaning of this law. HISTORY: S. 1, ch. 22888, 1945; s. 1, ch. 67-458; s. 1129, ch. 97-102.

« Title XLIII. », « Ch. 747. •, « § 747.011. » Fla. Stat. § 747.011

§ 747.011. Absentee incompetent for certain purposes. An “absentee” as defined in s. 747.01 is considered incompetent for the purposes of s. 4, Art. X of the State Constitution. HISTORY: S. 1, ch. 71-103.

« Title XLIII. », « Ch. 747. •, « § 747.02. » Fla. Stat. § 747.02

§ 747.02. Jurisdiction. The circuit court has jurisdiction to appoint a conservator of the estate of an absentee as defined in s. 747.01 upon a showing that: (1)(a)1. The absentee has an interest in any form of property in this state; or 2. The absentee is a legal resident of this state; or 3. The spouse or next of kin of the absentee is a legal resident of this state; and (b) The absentee has not provided an adequate power of attorney authorizing another to act in his or her behalf with regard to such property or interest or the term of any such power of attorney has expired; and (2) A necessity exists for providing care for the property or estate of the absentee or care for or judgments concerning the absentee’s spouse and children or, if he or she has no spouse and children, the absentee’s mother or father. HISTORY: S. 2, ch. 22888, 1945; s. 2, ch. 71-103; s. 1130, ch. 97-102.

« Title XLIII. », « Ch. 747. •, « § 747.03. » Fla. Stat. § 747.03

§ 747.03. Petition. (1) The jurisdiction of the court shall be invoked by the filing of a petition by any person who would have an interest in the property or estate of the absentee were such absentee deceased or any person who is dependent on said absentee for his or her maintenance or support. (2) The petition shall be sworn to by the petitioner and shall state: (a) The names, addresses, and ages of the spouse, children, mother, father, brothers, and sisters, or, if none of these is living, the next of kin, of the absentee; (b) The name, address, and age of any other person who would have an interest in the property or the estate of the absentee if he or she were deceased; (c) The exact circumstances which cause the person missing to be an absentee under s. 747.01 including the date he or she was first known to be missing, interned, beleaguered, etc.; (d) The necessity for establishing a conservatorship; (e) Whether or not the person alleged to be an absentee has a will and the whereabouts of said will; and (f) A statement of all property constituting an asset of the alleged absentee’s estate or in which he or she has any interest and the approximate value of same. HISTORY: S. 3, ch. 22888, 1945; s. 5, ch. 71-103; s. 1131, ch. 97-102.

« Title XLIII. », « Ch. 747. •, « § 747.031. » Fla. Stat. § 747.031

§ 747.031. Notice; hearing. (1) Notice of the hearing on the petition to appoint a conservator shall be given to all persons named in the petition by registered mail or certified mail with return receipt requested. (2) The judge shall hear evidence on the question of whether the person alleged to be missing, interned, beleaguered, etc., is an absentee as defined by s. 747.01 and on the question of who is entitled to appointment as conservator. Any person interested in such proceedings may intervene with leave of the court. (3) The court may in its discretion appoint a guardian ad litem to represent the alleged absentee at the hearing. HISTORY: S. 6, ch. 71-103.

« Title XLIII. », « Ch. 747. •, « § 747.032. » Fla. Stat. § 747.032

§ 747.032. Order of appointment. (1) If, after hearing, the court is satisfied that the person alleged to be an absentee is an absentee as defined in s. 747.01 and that it is necessary that a conservatorship be established, she or he shall appoint a conservator of the estate and property of said absentee to take charge of the absentee’s estate and property under the supervision, and subject to the further orders, of the court. (2) In the appointment of a conservator, the court shall give due consideration to the appointment of one of the next of kin of the absentee if such next of kin is a fit and proper person and is qualified to act. HISTORY: S. 7, ch. 71-103; s. 1132, ch. 97-102.

« Title XLIII. », « Ch. 747. •, « § 747.033. » Fla. Stat. § 747.033

§ 747.033. Oath. Every conservator, before exercising his or her authority as conservator, shall take oath that he or she will faithfully perform his or her duties as conservator and will render true accounts whenever required according to law, which oath may be administered by any officer authorized to administer oaths under the laws of this state. Such oath shall be filed with the court. HISTORY: S. 8, ch. 71-103; s. 1133, ch. 97-102.

« Title XLIII. », « Ch. 747. •, « § 747.034. » Fla. Stat. § 747.034

§ 747.034. Bond. The court may require the conservator to post a bond as required for a guardian under ss. 744.38 and 744.39. All provisions of chapter 744 which are applicable to bonds are applicable to the bond of the conservator required under this chapter. HISTORY: S. 9, ch. 71-103. Editor’s notes. Sections 744.38 and 744.39, referred to in the first sentence, were repealed by s. 3, ch. 74-106.

« Title XLIII. », « Ch. 747. •, « § 747.035. » Fla. Stat. § 747.035

§ 747.035. Rights, powers, and duties of conservator. (1) The conservator shall have all the rights, powers, and duties of a guardian of the property as established in chapter 744 and an absentee and an absentee’s dependents shall be entitled to all benefits accruing to a ward or a ward’s dependents under said chapter. (2) The circuit court shall have the same responsibility as to a conservatorship as it has with respect to the guardianship of the property under said chapter. HISTORY: S. 10, ch. 71-103; s. 32, ch. 73-334; s. 70, ch. 95-211.

« Title XLIII. », « Ch. 747. •, « § 747.036. » Fla. Stat. § 747.036

§ 747.036. Resignation or removal of conservator. The provision for resignation and removal of a guardian of the property in chapter 746 shall apply in the circuit court to resignation and removal of a conservator. HISTORY: S. 11, ch. 71-103. Editor’s notes. All sections in chapter 746, referred to in this section, were repealed by s. 3, ch. 74-106.

« Title XLIII. », « Ch. 747. •, « § 747.04. » Fla. Stat. § 747.04

§ 747.04. Termination of conservatorship. (1) At any time upon petition signed by the absentee, or on petition of an attorney in fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the absentee or to the designated attorney in fact. (2) Likewise, if at any time subsequent to the appointment of a conservator it shall appear that the absentee has died and an executor or administrator has been appointed for her or his estate, the court shall direct the termination of the conservatorship and the transfer of all property of the deceased absentee held thereunder to such executor or administrator. (3) When the need for a conservatorship terminates, the conservator shall promptly file her or his final returns and application for discharge with the court. If it appears to the court that the returns are correct and that the conservator has made full and complete transfer of the absentee’s assets as directed, the court may approve the returns and discharge the conservator. If objections to the returns are filed, the circuit judge shall conduct a hearing under the same conditions for a hearing on objections to annual returns. (4) Such discharge shall operate as a release from the duties of the conservatorship and as a bar to any suit against said conservator or her or his surety, unless such suit is commenced within 1 year from the date of discharge. HISTORY: S. 4, ch. 22888, 1945; s. 12, ch. 71-103; s. 1134, ch. 97-102.

« Title XLIII. », « Ch. 747. •, « § 747.051. » Fla. Stat. § 747.051

§ 747.051. Summary procedure. (1) If the wife of any person defined as an absentee in s. 747.01(1), or his next of kin if said absentee has no wife, shall wish to sell or transfer any property of the absentee which has a gross value of less than $5,000, or shall require the consent of the absentee in any matter regarding the absentee’s children or in any other matter in which the gross value of the subject matter is less than $5,000, she may apply to the circuit court for an order authorizing said sale, transfer, or consent without opening a full conservatorship proceeding as provided by this chapter. She may make the application without the assistance of an attorney. Said application shall be made by petition on the following form, which form shall be made readily available to the applicant by the clerk of the circuit court: In the Circuit Court In re: (Absentee)case number _________. PETITION FOR SUMMARY RELIEF Petitioner, (Name), whose residence is (Street & number), (City or town), and (County), Florida, and who is the (Describe relationship to absentee) of the absentee, (Name), states that the absentee has been (Imprisoned or missing in action) since (Date) when (Describe details). Petitioner desires to sell/transfer (Describe property) of the value of (Value) because (Give reasons). The terms of sale/transfer are (Give reasons). Petitioner requires the consent of the absentee for the purpose of _________. (Petitioner) State of Florida County of_________ Sworn to (or affirmed) and subscribed before me this _________ day of ____________________, (year), by (name of person making statement). (Signature of Notary Public - State of Florida)

(Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known ____________________ OR Produced Identification ____________________ Type of Identification Produced ____________________ (2) The court shall, without hearing or notice, enter an order on said petition if it deems the relief requested in said petition necessary to protect the best interests of the absentee or her or his dependents. (3) Such order shall be prima facie evidence of the validity of the proceedings and the authority of the petitioner to make a conveyance or transfer of the property or to give the absentee’s consent in any matter prescribed by subsection (1). HISTORY: S. 3, ch. 71-103; s. 32, ch. 73-334; s. 1135, ch. 97-102; s. 19, ch. 98-246; s. 8, ch. 2021-205, effective June 29, 2021.

« Title XLIII. », « Ch. 747. •, « § 747.052. • Fla. Stat. § 747.052

§ 747.052. Procedure for order authorizing action by spouse or next of kin. (1) If the spouse, or the next of kin if there is no spouse, of any person defined as an absentee under s. 747.01(1), shall wish to sell, lease, or mortgage specific property having a gross value of $5,000 or more owned by the absentee or in which the absentee had an interest, or take specific action with respect to the absentee’s interest having a gross value of $5,000 or more, he or she may petition the circuit court for an order authorizing the action with respect to such property or interest. (2) The petition shall be sworn to by the petitioner and shall state: (a) The names, addresses, and ages of the spouse, children, mother, father, brothers, and sisters, or, if none of these is living, the next of kin, of the absentee; (b) The name, address, and age of any other person who would have an interest in the property or the estate of the absentee if she or he were deceased; (c) The exact circumstances which cause the person missing to be an absentee under s. 747.01, including the date she or he was first known to be missing, interned, beleaguered, etc.; (d) The reasons for the action for which the petition seeks authorization; (e) Whether or not the person alleged to be an absentee has a will and the whereabouts of said will and contents if known; and (f) A statement of all property constituting an asset of the alleged absentee’s estate or in which she or he has any interest and the approximate value of same. (3) Notice of the hearing on the petition shall be given to all persons named in the petition by registered mail or certified mail with return receipt requested. (4) The judge shall hear evidence on the question of whether the person alleged to be missing, interned, beleaguered, etc., is an absentee as defined

by s. 747.01 and on the question of whether the action in question should be authorized. Any person interested in such proceedings may intervene with leave of the court. (5) The court may in its discretion appoint a guardian ad litem to represent the alleged absentee at the hearing. (6) If, after hearing, the court is satisfied that the person alleged to be an absentee is an absentee as defined in s. 747.01, that the action in question should be authorized, and that there is no necessity for a full conservatorship as provided by s. 747.03, the court shall enter an order appointing the petitioner as conservator for the purposes of the action which is the subject of the petition and authorizing the conservator to take the action requested in the petition. The court shall require the conservator to account for the proceeds of the sale, lease, or other action, but the conservator shall not be required to subject the other property of the absentee to a conservatorship proceeding. The court may retain jurisdiction of the proceeding to make such further orders as it deems proper. HISTORY: S. 4, ch. 71-103; s. 1136, ch. 97-102.

« Title XLIV. » Fla. Stat. Title XLIV

TITLE XLIV. CIVIL RIGHTS. ________ « Title XLIV. », • Ch. 765. • Fla. Stat. Title XLIV, Ch. 765

CHAPTER 765. HEALTH CARE ADVANCE DIRECTIVES. « Title XLIV. », • Ch. 765. •, • Pt. I. » Fla. Stat. Title XLIV, Ch. 765, Pt. I

PART I. GENERAL PROVISIONS. « Title XLIV. », • Ch. 765. •, • Pt. I. », • § 765.101. » Fla. Stat. § 765.101

§ 765.101. Definitions. As used in this chapter: (1) “Advance directive” means a witnessed written document or oral statement in which instructions are given by a principal or in which the principal’s desires are expressed concerning any aspect of the principal’s health care or health information, and includes, but is not limited to, the designation of a health care surrogate, a living will, or an anatomical gift made pursuant to part V of this chapter. (2) “Attending physician” means the physician who has primary responsibility for the treatment and care of the patient while the patient receives such treatment or care in a hospital as defined in s. 395.002(12). (3) “Close personal friend” means any person 18 years of age or older who has exhibited special care and concern for the patient, and who presents an affidavit to the health care facility or to the primary physician stating that he or she is a friend of the patient; is willing and able to become involved in the patient’s health care; and has maintained such regular contact with the patient so as to be familiar with the patient’s activities, health, and religious or moral beliefs. (4) “End-stage condition” means an irreversible condition that is caused by injury, disease, or illness which has resulted in progressively severe and permanent deterioration, and which, to a reasonable degree of medical probability, treatment of the condition would be ineffective. (5) “Health care” means care, services, or supplies related to the health of an individual and includes, but is not limited to, preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, and counseling, service, assessment, or procedure with respect to the individual’s physical or mental condition or functional status or that affect the structure or function of the individual’s body.

(6) “Health care decision” means: (a) Informed consent, refusal of consent, or withdrawal of consent to any and all health care, including life-prolonging procedures and mental health treatment, unless otherwise stated in the advance directives. (b) The decision to apply for private, public, government, or veterans’ benefits to defray the cost of health care. (c) The right of access to health information of the principal reasonably necessary for a health care surrogate or proxy to make decisions involving health care and to apply for benefits. (d) The decision to make an anatomical gift pursuant to part V of this chapter. (7) “Health care facility” means a hospital, nursing home, hospice, home health agency, or health maintenance organization licensed in this state, or any facility subject to part I of chapter 394. (8) “Health care provider” or “provider” means any person licensed, certified, or otherwise authorized by law to administer health care in the ordinary course of business or practice of a profession. (9) “Health information” means any information, whether oral or recorded in any form or medium, as defined in 45 C.F.R. s. 160.103 and the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. s. 1320d, as amended, that: (a) Is created or received by a health care provider, health care facility, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and (b) Relates to the past, present, or future physical or mental health or condition of the principal; the provision of health care to the principal; or the past, present, or future payment for the provision of health care to the principal. (10) “Incapacity” or “incompetent” means the patient is physically or mentally unable to communicate a willful and knowing health care decision. For the purposes of making an anatomical gift, the term also includes a patient who is deceased.

(11) “Informed consent” means consent voluntarily given by a person after a sufficient explanation and disclosure of the subject matter involved to enable that person to have a general understanding of the treatment or procedure and the medically acceptable alternatives, including the substantial risks and hazards inherent in the proposed treatment or procedures, and to make a knowing health care decision without coercion or undue influence. (12) “Life-prolonging procedure” means any medical procedure, treatment, or intervention, including artificially provided sustenance and hydration, which sustains, restores, or supplants a spontaneous vital function. The term does not include the administration of medication or performance of medical procedure, when such medication or procedure is deemed necessary to provide comfort care or to alleviate pain. (13) “Living will” or “declaration” means: (a) A witnessed document in writing, voluntarily executed by the principal in accordance with s. 765.302; or (b) A witnessed oral statement made by the principal expressing the principal’s instructions concerning life-prolonging procedures. (14) “Minor’s principal” means a principal who is a natural guardian as defined in s. 744.301(1); legal custodian; or, subject to chapter 744, legal guardian of the person of a minor. (15) “Persistent vegetative state” means a permanent and irreversible condition of unconsciousness in which there is: (a) The absence of voluntary action or cognitive behavior of any kind. (b) An inability to communicate or interact purposefully with the environment. (16) “Physician” means a person licensed pursuant to chapter 458 or chapter 459. (17) “Primary physician” means a physician designated by an individual or the individual’s surrogate, proxy, or agent under a durable power of attorney as provided in chapter 709, to have primary responsibility for the individual’s health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who

undertakes the responsibility. (18) “Principal” means a competent adult executing an advance directive and on whose behalf health care decisions are to be made or health care information is to be received, or both. (19) “Proxy” means a competent adult who has not been expressly designated to make health care decisions for a particular incapacitated individual, but who, nevertheless, is authorized pursuant to s. 765.401 to make health care decisions for such individual. (20) “Reasonably available” means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient’s health care needs. (21) “Surrogate” means any competent adult expressly designated by a principal to make health care decisions and to receive health information. The principal may stipulate whether the authority of the surrogate to make health care decisions or to receive health information is exercisable immediately without the necessity for a determination of incapacity or only upon the principal’s incapacity as provided in s. 765.204. (22) “Terminal condition” means a condition caused by injury, disease, or illness from which there is no reasonable medical probability of recovery and which, without treatment, can be expected to cause death. HISTORY: S. 2, ch. 92-199; s. 3, ch. 94-183; s. 46, ch. 96-169; s. 16, ch. 99-331; s. 3, ch. 2001-250; s. 131, ch. 2001-277; s. 104, ch. 2006-1, eff. July 4, 2006; s. 28, ch. 2006-178, eff. July 1, 2006; s. 2, ch. 2015-153, effective October 1, 2015; s. 14, ch. 2021-112, effective July 1, 2021; s. 60, ch. 2022-4, effective May 13, 2022. Editor’s notes. For chapter 2003-418, authorizing the Governor to issue a one-time stay to prevent the withholding of nutrition and hydration to a patient under certain circumstances, see the note at s. 765.404.

« Title XLIV. », • Ch. 765. •, • Pt. I. », « § 765.102. » Fla. Stat. § 765.102

§ 765.102. Legislative findings and intent. (1) The Legislature finds that every competent adult has the fundamental right of self-determination regarding decisions pertaining to his or her own health, including the right to choose or refuse medical treatment. This right is subject to certain interests of society, such as the protection of human life and the preservation of ethical standards in the medical profession. (2) To ensure that such right is not lost or diminished by virtue of later physical or mental incapacity, the Legislature intends that a procedure be established to allow a person to plan for incapacity by executing a document or orally designating another person to direct the course of his or her health care or receive his or her health information, or both, upon his or her incapacity. Such procedure should be less expensive and less restrictive than guardianship and permit a previously incapacitated person to exercise his or her full right to make health care decisions as soon as the capacity to make such decisions has been regained. (3) The Legislature also recognizes that some competent adults may want to receive immediate assistance in making health care decisions or accessing health information, or both, without a determination of incapacity. The Legislature intends that a procedure be established to allow a person to designate a surrogate to make health care decisions or receive health information, or both, without the necessity for a determination of incapacity under this chapter. (4) The Legislature recognizes that for some the administration of lifeprolonging medical procedures may result in only a precarious and burdensome existence. In order to ensure that the rights and intentions of a person may be respected even after he or she is no longer able to participate actively in decisions concerning himself or herself, and to encourage communication among such patient, his or her family, and his or her physician, the Legislature declares that the laws of this state recognize the right of a competent adult to make an advance directive instructing his or her physician to provide, withhold, or withdraw life-prolonging procedures or to designate another to make the health care decision for him

or her in the event that such person should become incapacitated and unable to personally direct his or her health care. (5) The Legislature recognizes the need for all health care professionals to rapidly increase their understanding of end-of-life and palliative care. Therefore, the Legislature encourages the professional regulatory boards to adopt appropriate standards and guidelines regarding end-of-life care and pain management and encourages educational institutions established to train health care professionals and allied health professionals to implement curricula to train such professionals to provide end-of-life care, including pain management and palliative care. (6) For purposes of this chapter: (a) Palliative care is the comprehensive management of the physical, psychological, social, spiritual, and existential needs of patients. Palliative care is especially suited to the care of persons who have incurable, progressive illnesses. (b) Palliative care must include: 1. An opportunity to discuss and plan for end-of-life care. 2. Assurance that physical and mental suffering will be carefully attended to. 3. Assurance that preferences for withholding and withdrawing lifesustaining interventions will be honored. 4. Assurance that the personal goals of the dying person will be addressed. 5. Assurance that the dignity of the dying person will be a priority. 6. Assurance that health care providers will not abandon the dying person. 7. Assurance that the burden to family and others will be addressed. 8. Assurance that advance directives for care will be respected regardless of the location of care. 9. Assurance that organizational mechanisms are in place to evaluate the availability and quality of end-of-life, palliative, and hospice care services, including the evaluation of administrative and regulatory barriers. 10. Assurance that necessary health care services will be provided and that

relevant reimbursement policies are available. 11. Assurance that the goals expressed in subparagraphs 1.-10. will be accomplished in a culturally appropriate manner. (7) The Department of Elderly Affairs, the Agency for Health Care Administration, and the Department of Health shall jointly create a campaign on end-of-life care for purposes of educating the public. This campaign should include culturally sensitive programs to improve understanding of end-of-life care issues in minority communities. HISTORY: S. 2, ch. 92-199; s. 1144, ch. 97-102; s. 17, ch. 99-331; s. 7, ch. 2000-295; s. 4, ch. 2001-250; ss. 132, 133, ch. 2001-277; s. 3, ch. 2015-153, effective October 1, 2015.

« Title XLIV. », • Ch. 765. •, • Pt. I. », « § 765.103. » Fla. Stat. § 765.103

§ 765.103. Existing advance directives. Any advance directive made prior to October 1, 1999, shall be given effect as executed, provided such directive was legally effective when written. HISTORY: S. 2, ch. 92-199; s. 18, ch. 99-331.

« Title XLIV. », • Ch. 765. •, • Pt. I. », « § 765.104. » Fla. Stat. § 765.104

§ 765.104. Amendment or revocation. (1) An advance directive may be amended or revoked at any time by a competent principal: (a) By means of a signed, dated writing; (b) By means of the physical cancellation or destruction of the advance directive by the principal or by another in the principal’s presence and at the principal’s direction; (c) By means of an oral expression of intent to amend or revoke; or (d) By means of a subsequently executed advance directive that is materially different from a previously executed advance directive. (2) Unless otherwise provided in the advance directive or in an order of dissolution or annulment of marriage, the dissolution or annulment of marriage of the principal revokes the designation of the principal’s former spouse as a surrogate. (3) Any such amendment or revocation will be effective when it is communicated to the surrogate, health care provider, or health care facility. No civil or criminal liability shall be imposed upon any person for a failure to act upon an amendment or revocation unless that person has actual knowledge of such amendment or revocation. (4) Any patient for whom a medical proxy has been recognized under s. 765.401 and for whom any previous legal disability that precluded the patient’s ability to consent is removed may amend or revoke the recognition of the medical proxy and any uncompleted decision made by that proxy. The amendment or revocation takes effect when it is communicated to the proxy, the health care provider, or the health care facility in writing or, if communicated orally, in the presence of a third person. HISTORY: S. 2, ch. 92-199; s. 47, ch. 96-169; s. 19, ch. 99-331; s. 12, ch. 2002-195; s.

4, ch. 2015-153, effective October 1, 2015.

« Title XLIV. », • Ch. 765. •, • Pt. I. », « § 765.105. » Fla. Stat. § 765.105

§ 765.105. Review of surrogate or proxy’s decision. (1) The patient’s family, the health care facility, or the primary physician, or any other interested person who may reasonably be expected to be directly affected by the surrogate or proxy’s decision concerning any health care decision may seek expedited judicial intervention pursuant to rule 5.900 of the Florida Probate Rules, if that person believes: (a) The surrogate or proxy’s decision is not in accord with the patient’s known desires or this chapter; (b) The advance directive is ambiguous, or the patient has changed his or her mind after execution of the advance directive; (c) The surrogate or proxy was improperly designated or appointed, or the designation of the surrogate is no longer effective or has been revoked; (d) The surrogate or proxy has failed to discharge duties, or incapacity or illness renders the surrogate or proxy incapable of discharging duties; (e) The surrogate or proxy has abused his or her powers; or (f) The patient has sufficient capacity to make his or her own health care decisions. (2) This section does not apply to a patient who is not incapacitated and who has designated a surrogate who has immediate authority to make health care decisions or receive health information, or both, on behalf of the patient. HISTORY: S. 2, ch. 92-199; s. 4, ch. 94-183; s. 5, ch. 2015-153, effective October 1, 2015; s. 85, ch. 2016-10, effective May 10, 2016.

« Title XLIV. », • Ch. 765. •, • Pt. I. », « § 765.106. » Fla. Stat. § 765.106

§ 765.106. Preservation of existing rights. The provisions of this chapter are cumulative to the existing law regarding an individual’s right to consent, or refuse to consent, to medical treatment and do not impair any existing rights or responsibilities which a health care provider, a patient, including a minor, competent or incompetent person, or a patient’s family may have under the common law, Federal Constitution, State Constitution, or statutes of this state. HISTORY: S. 2, ch. 92-199; s. 5, ch. 94-183.

« Title XLIV. », • Ch. 765. •, • Pt. I. », « § 765.107. » Fla. Stat. § 765.107

§ 765.107. Construction. (1) This chapter shall not be construed to repeal by implication any provision of s. 766.103, the Florida Medical Consent Law. For all purposes, the Florida Medical Consent Law shall be considered an alternative to provisions of this section. (2) Procedures provided in this chapter permitting the withholding or withdrawal of life-prolonging procedures do not apply to a person who never had capacity to designate a health care surrogate or execute a living will. HISTORY: S. 2, ch. 92-199; s. 20, ch. 99-331.

« Title XLIV. », • Ch. 765. •, • Pt. I. », « § 765.108. » Fla. Stat. § 765.108

§ 765.108. Effect with respect to insurance. The making of an advance directive pursuant to the provisions of this chapter shall not affect the sale, procurement, or issuance of any policy of life insurance, nor shall such making of an advance directive be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance will be legally impaired or invalidated by the withholding or withdrawal of life-prolonging procedures from an insured patient in accordance with the provisions of this chapter, nor by any other treatment decision made according to this chapter, notwithstanding any term of the policy to the contrary. A person shall not be required to make an advance directive as a condition for being insured for, or receiving, health care services. HISTORY: S. 2, ch. 92-199.

« Title XLIV. », • Ch. 765. •, • Pt. I. », « § 765.109. » Fla. Stat. § 765.109

§ 765.109. Immunity from liability; weight of proof; presumption. (1) A health care facility, provider, or other person who acts under the direction of a health care facility or provider is not subject to criminal prosecution or civil liability, and will not be deemed to have engaged in unprofessional conduct, as a result of carrying out a health care decision made in accordance with the provisions of this chapter. The surrogate or proxy who makes a health care decision on a patient’s behalf, pursuant to this chapter, is not subject to criminal prosecution or civil liability for such action. (2) The provisions of this section shall apply unless it is shown by a preponderance of the evidence that the person authorizing or effectuating a health care decision did not, in good faith, comply with the provisions of this chapter. HISTORY: S. 2, ch. 92-199.

« Title XLIV. », • Ch. 765. •, • Pt. I. », « § 765.110. » Fla. Stat. § 765.110

§ 765.110. Health care facilities and providers; discipline. (1) A health care facility, pursuant to Pub. L. No. 101-508, ss. 4206 and 4751, shall provide to each patient written information concerning the individual’s rights concerning advance directives and the health care facility’s policies respecting the implementation of such rights, and shall document in the patient’s medical records whether or not the individual has executed an advance directive. (2) A health care provider or health care facility may not require a patient to execute an advance directive or to execute a new advance directive using the facility’s or provider’s forms. The patient’s advance directives shall travel with the patient as part of the patient’s medical record. (3) A health care provider or health care facility shall be subject to professional discipline and revocation of license or certification, and a fine of not more than $1,000 per incident, or both, if the health care provider or health care facility, as a condition of treatment or admission, requires an individual to execute or waive an advance directive. (4) The Department of Health, in consultation with the Department of Elderly Affairs, for health care providers; the Agency for Health Care Administration for hospitals, hospices, nursing homes, home health agencies, and health maintenance organizations; and the Department of Children and Families for facilities subject to part I of chapter 394 shall adopt rules to implement this section. HISTORY: S. 2, ch. 92-199; s. 6, ch. 94-183; s. 243, ch. 94-218; s. 48, ch. 96-169; s. 284, ch. 99-8; s. 21, ch. 99-331; s. 293, ch. 2014-19, effective July 1, 2014; s. 29, ch. 2019-11, effective July 1, 2019.

« Title XLIV. », • Ch. 765. •, • Pt. I. », « § 765.1103. » Fla. Stat. § 765.1103

§ 765.1103. Pain management and palliative care. (1) A patient shall be given information concerning pain management and palliative care when he or she discusses with the primary physician, or such physician’s designee, the diagnosis, planned course of treatment, alternatives, risks, or prognosis for his or her illness. If the patient is incapacitated, the information shall be given to the patient’s health care surrogate or proxy, court-appointed guardian as provided in chapter 744, or attorney in fact under a durable power of attorney as provided in chapter 709. The court-appointed guardian or attorney in fact must have been delegated authority to make health care decisions on behalf of the patient. (2) Health care providers and practitioners regulated under chapter 458, chapter 459, or chapter 464 must, as appropriate, comply with a request for pain management or palliative care from a patient under their care or, for an incapacitated patient under their care, from a surrogate, proxy, guardian, or other representative permitted to make health care decisions for the incapacitated patient. Facilities regulated under chapter 395, chapter 400, or chapter 429 must comply with the pain management or palliative care measures ordered by the patient’s physician. HISTORY: S. 8, ch. 2000-295; s. 5, ch. 2001-250; s. 134, ch. 2001-277; s. 105, ch. 2006-197, eff. July 1, 2006; s. 6, ch. 2015-153, effective October 1, 2015.

« Title XLIV. », • Ch. 765. •, • Pt. I. », « § 765.1105. » Fla. Stat. § 765.1105

§ 765.1105. Transfer of a patient. (1) A health care provider or facility that refuses to comply with a patient’s advance directive, or the treatment decision of his or her surrogate or proxy, shall make reasonable efforts to transfer the patient to another health care provider or facility that will comply with the directive or treatment decision. This chapter does not require a health care provider or facility to commit any act which is contrary to the provider’s or facility’s moral or ethical beliefs, if the patient: (a) Is not in an emergency condition; and (b) Has received written information upon admission informing the patient of the policies of the health care provider or facility regarding such moral or ethical beliefs. (2) A health care provider or facility that is unwilling to carry out the wishes of the patient or the treatment decision of his or her surrogate or proxy because of moral or ethical beliefs must within 7 days either: (a) Transfer the patient to another health care provider or facility. The health care provider or facility shall pay the costs for transporting the patient to another health care provider or facility; or (b) If the patient has not been transferred, carry out the wishes of the patient or the patient’s surrogate or proxy, unless s. 765.105 applies. HISTORY: S. 4, ch. 92-199; s. 11, ch. 94-183; s. 1148, ch. 97-102; s. 30, ch. 99-331; s. 7, ch. 2015-153, effective October 1, 2015. Editor’s notes. Former s. 765.308.

« Title XLIV. », • Ch. 765. •, • Pt. I. », « § 765.1115. » Fla. Stat. § 765.1115

§ 765.1115. Falsification, forgery, or willful concealment, cancellation, or destruction of directive or revocation or amendment; penalties. (1) Any person who willfully conceals, cancels, defaces, obliterates, or damages an advance directive without the principal’s consent or who falsifies or forges the revocation or amendment of an advance directive of another, and who thereby causes life-prolonging procedures to be utilized in contravention of the previously expressed intent of the principal, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Any person who falsifies or forges the advance directive of another or who willfully conceals or withholds personal knowledge of the revocation of an advance directive, with the intent to cause a withholding or withdrawal of life-prolonging procedures contrary to the wishes of the principal, and who thereby because of such act directly causes lifeprolonging procedures to be withheld or withdrawn and death to be hastened, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. HISTORY: S. 4, ch. 92-199; s. 31, ch. 99-331. Editor’s notes. Former s. 765.310.

« Title XLIV. », • Ch. 765. •, • Pt. I. », « § 765.112. » Fla. Stat. § 765.112

§ 765.112. Recognition of advance directive executed in another state. An advance directive executed in another state in compliance with the law of that state or of this state is validly executed for the purposes of this chapter. HISTORY: S. 2, ch. 92-199.

« Title XLIV. », • Ch. 765. •, • Pt. I. », « § 765.113. • Fla. Stat. § 765.113

§ 765.113. Restrictions on providing consent. Unless the principal expressly delegates such authority to the surrogate in writing, or a surrogate or proxy has sought and received court approval pursuant to rule 5.900 of the Florida Probate Rules, a surrogate or proxy may not provide consent for: (1) Abortion, sterilization, electroshock therapy, psychosurgery, experimental treatments that have not been approved by a federally approved institutional review board in accordance with 45 C.F.R. part 46 or 21 C.F.R. part 56, or voluntary admission to a mental health facility. (2) Withholding or withdrawing life-prolonging procedures from a pregnant patient prior to viability as defined in s. 390.0111(4). HISTORY: S. 2, ch. 92-199; s. 7, ch. 94-183; s. 87, ch. 99-3.

« Title XLIV. », • Ch. 765. •, « Pt. II. » Fla. Stat. Title XLIV, Ch. 765, Pt. II

PART II. HEALTH CARE SURROGATE. « Title XLIV. », • Ch. 765. •, « Pt. II. », • § 765.201. » Fla. Stat. § 765.201

§ 765.201. Short title. Sections 765.202-765.205 may be cited as the “Florida Health Care Surrogate Act.” HISTORY: S. 3, ch. 92-199.

« Title XLIV. », • Ch. 765. •, « Pt. II. », « § 765.202. » Fla. Stat. § 765.202

§ 765.202. Designation of a health care surrogate. (1) A written document designating a surrogate to make health care decisions for a principal or receive health information on behalf of a principal, or both, shall be signed by the principal in the presence of two subscribing adult witnesses. A principal unable to sign the instrument may, in the presence of witnesses, direct that another person sign the principal’s name as required herein. An exact copy of the instrument shall be provided to the surrogate. (2) The person designated as surrogate shall not act as witness to the execution of the document designating the health care surrogate. At least one person who acts as a witness shall be neither the principal’s spouse nor blood relative. (3) A document designating a health care surrogate may also designate an alternate surrogate provided the designation is explicit. The alternate surrogate may assume his or her duties as surrogate for the principal if the original surrogate is not willing, able, or reasonably available to perform his or her duties. The principal’s failure to designate an alternate surrogate shall not invalidate the designation of a surrogate. (4) If neither the designated surrogate nor the designated alternate surrogate is willing, able, or reasonably available to make health care decisions on behalf of the principal and in accordance with the principal’s instructions, the health care facility may seek the appointment of a proxy pursuant to part IV. (5) A principal may designate a separate surrogate to consent to mental health treatment in the event that the principal is determined by a court to be incompetent to consent to mental health treatment and a guardian advocate is appointed as provided under s. 394.4598. However, unless the document designating the health care surrogate expressly states otherwise, the court shall assume that the health care surrogate authorized to make health care decisions under this chapter is also the principal’s choice to make decisions regarding mental health treatment. (6) A principal may stipulate in the document that the authority of the

surrogate to receive health information or make health care decisions, or both, is exercisable immediately without the necessity for a determination of incapacity as provided in s. 765.204. (7) Unless the document states a time of termination, the designation shall remain in effect until revoked by the principal. (8) A written designation of a health care surrogate executed pursuant to this section establishes a rebuttable presumption of clear and convincing evidence of the principal’s designation of the surrogate. HISTORY: S. 3, ch. 92-199; s. 8, ch. 94-183; s. 49, ch. 96-169; s. 1797, ch. 97-102; s. 8, ch. 2015-153, effective October 1, 2015.

« Title XLIV. », • Ch. 765. •, « Pt. II. », « § 765.203. » Fla. Stat. § 765.203

§ 765.203. Suggested form of designation. A written designation of a health care surrogate executed pursuant to this chapter may, but need not be, in the following form:

INSTRUCTIONS FOR HEALTH CARE I authorize my health care surrogate to: (Initial here) Receive any of my health information, whether oral or recorded in any form or medium, that: 1. Is created or received by a health care provider, health care facility, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and 2. Relates to my past, present, or future physical or mental health or condition; the provision of health care to me; or the past, present, or future payment for the provision of health care to me. I further authorize my health care surrogate to: (Initial here) Make all health care decisions for me, which means he or she has the authority to: 1. Provide informed consent, refusal of consent, or withdrawal of consent to any and all of my health care, including life-prolonging procedures. 2. Apply on my behalf for private, public, government, or veterans’ benefits to defray the cost of health care.

3. Access my health information reasonably necessary for the health care surrogate to make decisions involving my health care and to apply for benefits for me. 4. Decide to make an anatomical gift pursuant to part V of chapter 765, Florida Statutes. (Initial here) Specific instructions and restrictions:

_________________________________________________________________________

_________________________________________________________________________ While I have decisionmaking capacity, my wishes are controlling and my physicians and health care providers must clearly communicate to me the treatment plan or any change to the treatment plan prior to its implementation. To the extent I am capable of understanding, my health care surrogate shall keep me reasonably informed of all decisions that he or she has made on my behalf and matters concerning me. THIS HEALTH CARE SURROGATE DESIGNATION IS NOT AFFECTED BY MY SUBSEQUENT INCAPACITY EXCEPT AS PROVIDED IN CHAPTER 765, FLORIDA STATUTES. PURSUANT TO SECTION 765.104, FLORIDA STATUTES, I UNDERSTAND THAT I MAY, AT ANY TIME WHILE I RETAIN MY CAPACITY, REVOKE OR AMEND THIS DESIGNATION BY: (1) SIGNING A WRITTEN AND DATED INSTRUMENT WHICH EXPRESSES MY INTENT TO AMEND OR REVOKE THIS DESIGNATION; (2) PHYSICALLY DESTROYING THIS DESIGNATION THROUGH MY OWN ACTION OR BY THAT OF ANOTHER PERSON IN MY PRESENCE AND UNDER MY DIRECTION; (3) VERBALLY EXPRESSING MY INTENTION TO AMEND OR REVOKE THIS DESIGNATION; OR (4) SIGNING A NEW DESIGNATION THAT IS MATERIALLY DIFFERENT FROM THIS DESIGNATION.

MY HEALTH CARE SURROGATE’S AUTHORITY BECOMES EFFECTIVE WHEN MY PRIMARY PHYSICIAN DETERMINES THAT I AM UNABLE TO MAKE MY OWN HEALTH CARE DECISIONS UNLESS I INITIAL EITHER OR BOTH OF THE FOLLOWING BOXES: IF I INITIAL THIS BOX [____], MY HEALTH CARE SURROGATE’S AUTHORITY TO RECEIVE MY HEALTH INFORMATION TAKES EFFECT IMMEDIATELY. IF I INITIAL THIS BOX [____], MY HEALTH CARE SURROGATE’S AUTHORITY TO MAKE HEALTH CARE DECISIONS FOR ME TAKES EFFECT IMMEDIATELY. PURSUANT TO SECTION 765.204(3), FLORIDA STATUTES, ANY INSTRUCTIONS OR HEALTH CARE DECISIONS I MAKE, EITHER VERBALLY OR IN WRITING, WHILE I POSSESS CAPACITY SHALL SUPERSEDE ANY INSTRUCTIONS OR HEALTH CARE DECISIONS MADE BY MY SURROGATE THAT ARE IN MATERIAL CONFLICT WITH THOSE MADE BY ME.

HISTORY: S. 3, ch. 92-199; s. 1145, ch. 97-102; s. 9, ch. 2000-295; s. 1, ch. 2008-223, eff. July 1, 2008; s. 9, ch. 2015-153, effective October 1, 2015.

« Title XLIV. », • Ch. 765. •, « Pt. II. », « § 765.2035. » Fla. Stat. § 765.2035

§ 765.2035. Designation of a health care surrogate for a minor. (1) A natural guardian as defined in s. 744.301(1), legal custodian, or legal guardian of the person of a minor may designate a competent adult to serve as a surrogate to make health care decisions for the minor. Such designation shall be made by a written document signed by the minor’s principal in the presence of two subscribing adult witnesses. If a minor’s principal is unable to sign the instrument, the principal may, in the presence of witnesses, direct that another person sign the minor’s principal’s name as required by this subsection. An exact copy of the instrument shall be provided to the surrogate. (2) The person designated as surrogate may not act as witness to the execution of the document designating the health care surrogate. (3) A document designating a health care surrogate may also designate an alternate surrogate; however, such designation must be explicit. The alternate surrogate may assume his or her duties as surrogate if the original surrogate is not willing, able, or reasonably available to perform his or her duties. The minor’s principal’s failure to designate an alternate surrogate does not invalidate the designation. (4) If neither the designated surrogate or the designated alternate surrogate is willing, able, or reasonably available to make health care decisions for the minor on behalf of the minor’s principal and in accordance with the minor’s principal’s instructions, s. 743.0645(2) shall apply as if no surrogate had been designated. (5) A natural guardian as defined in s. 744.301(1), legal custodian, or legal guardian of the person of a minor may designate a separate surrogate to consent to mental health treatment for the minor. However, unless the document designating the health care surrogate expressly states otherwise, the court shall assume that the health care surrogate authorized to make health care decisions for a minor under this chapter is also the minor’s principal’s choice to make decisions regarding mental health treatment for the minor. (6) Unless the document states a time of termination, the designation

shall remain in effect until revoked by the minor’s principal. An otherwise valid designation of a surrogate for a minor shall not be invalid solely because it was made before the birth of the minor. (7) A written designation of a health care surrogate executed pursuant to this section establishes a rebuttable presumption of clear and convincing evidence of the minor’s principal’s designation of the surrogate and becomes effective pursuant to s. 743.0645(2)(a). HISTORY: S. 10, ch. 2015-153, effective October 1, 2015.

« Title XLIV. », • Ch. 765. •, « Pt. II. », « § 765.2038. » Fla. Stat. § 765.2038

§ 765.2038. Designation of health care surrogate for a minor; suggested form. A written designation of a health care surrogate for a minor executed pursuant to this chapter may, but need not, be in the following form: DESIGNATION OF HEALTH CARE SURROGATE FOR MINOR

I/We, __________, the [____] natural guardian(s) as defined in s. 744.301(1), Florida Statutes; [____] legal custodian(s); [____] legal guardian(s) [check one] of the following minor(s): ________________; ________________; ________________, pursuant to s. 765.2035, Florida Statutes, designate the following person to act as my/our surrogate for health care decisions for such minor(s) in the event that I/we am/are not able or reasonably available to provide consent for medical treatment and surgical and diagnostic procedures: Name: (name) Address: (address) Zip Code: (zip code) Phone: (telephone) If my/our designated health care surrogate for a minor is not willing, able, or reasonably available to perform his or her duties, I/we designate the following person as my/our alternate health care surrogate for a minor:

Name: (name) Address: (address) Zip Code: (zip code) Phone: (telephone) I/We authorize and request all physicians, hospitals, or other providers of medical services to follow the instructions of my/our surrogate or alternate surrogate, as the case may be, at anytime and under any circumstances whatsoever, with regard to medical treatment and surgical and diagnostic procedures for a minor, provided the medical care and treatment of any minor is on the advice of a licensed physician. I/We fully understand that this designation will permit my/our designee to make health care decisions for a minor and to provide, withhold, or withdraw consent on my/our behalf, to apply for public benefits to defray the cost of health care, and to authorize the admission or transfer of a minor to or from a health care facility. I/We will notify and send a copy of this document to the following person(s) other than my/our surrogate, so that they may know the identity of my/our surrogate: Name: (name) Name: (name) Signed:(signature) Date:(date) WITNESSES: 1. (witness)

2. (witness) HISTORY: S. 11, ch. 2015-153, effective October 1, 2015; s. 86, ch. 2016-10, effective May 10, 2016.

« Title XLIV. », • Ch. 765. •, « Pt. II. », « § 765.204. » Fla. Stat. § 765.204

§ 765.204. Capacity of principal; procedure. (1) A principal is presumed to be capable of making health care decisions for herself or himself unless she or he is determined to be incapacitated. While a principal has decisionmaking capacity, the principal’s wishes are controlling. Each physician or health care provider must clearly communicate to a principal with decisionmaking capacity the treatment plan and any change to the treatment plan prior to implementation of the plan or the change to the plan. Incapacity may not be inferred from the person’s voluntary or involuntary hospitalization for mental illness or from her or his intellectual disability. (2) If a principal’s capacity to make health care decisions for herself or himself or provide informed consent is in question, the primary or attending physician shall evaluate the principal’s capacity and, if the evaluating physician concludes that the principal lacks capacity, enter that evaluation in the principal’s medical record. If the evaluating physician has a question as to whether the principal lacks capacity, another physician shall also evaluate the principal’s capacity, and if the second physician agrees that the principal lacks the capacity to make health care decisions or provide informed consent, the health care facility shall enter both physician’s evaluations in the principal’s medical record. If the principal has designated a health care surrogate or has delegated authority to make health care decisions to an attorney in fact under a durable power of attorney, the health care facility shall notify such surrogate or attorney in fact in writing that her or his authority under the instrument has commenced, as provided in chapter 709 or s. 765.203. If an attending physician determines that the principal lacks capacity, the hospital in which the attending physician made such a determination shall notify the principal’s primary physician of the determination. (3) The surrogate’s authority commences either upon a determination under subsection (2) that the principal lacks capacity or upon a stipulation of such authority pursuant to s. 765.101(21). Such authority remains in effect until a determination that the principal has regained such capacity, if the authority commenced as a result of incapacity, or until the authority is

revoked, if the authority commenced immediately pursuant to s. 765.101(21). Upon commencement of the surrogate’s authority, a surrogate who is not the principal’s spouse shall notify the principal’s spouse or adult children of the principal’s designation of the surrogate. Except if the principal provided immediately exercisable authority to the surrogate pursuant to s. 765.101(21), in the event that the primary or attending physician determines that the principal has regained capacity, the authority of the surrogate shall cease, but recommences if the principal subsequently loses capacity as determined pursuant to this section. A health care provider is not liable for relying upon health care decisions made by a surrogate while the principal lacks capacity. At any time when a principal lacks capacity, a health care decision made on the principal’s behalf by a surrogate is effective to the same extent as a decision made by the principal. If a principal possesses capacity, health care decisions of the principal take precedence over decisions made by the surrogate that present a material conflict. (4) Notwithstanding subsections (2) and (3), if the principal has designated a health care surrogate and has stipulated that the authority of the surrogate is to take effect immediately, or has appointed an agent under a durable power of attorney as provided in chapter 709 to make health care decisions for the principal, the health care facility shall notify such surrogate or agent in writing when a determination of incapacity has been entered into the principal’s medical record. (5) A determination made pursuant to this section that a principal lacks capacity to make health care decisions shall not be construed as a finding that a principal lacks capacity for any other purpose. (6) If the surrogate is required to consent to withholding or withdrawing life-prolonging procedures, part III applies. HISTORY: S. 3, ch. 92-199; s. 1146, ch. 97-102; s. 22, ch. 99-331; s. 10, ch. 2000-295; s. 23, ch. 2013-162, eff. July 1, 2013; s. 12, ch. 2015-153, effective October 1, 2015.

« Title XLIV. », • Ch. 765. •, « Pt. II. », « § 765.205. • Fla. Stat. § 765.205

§ 765.205. Responsibility of the surrogate. (1) The surrogate, in accordance with the principal’s instructions, unless such authority has been expressly limited by the principal, shall: (a) Have authority to act for the principal and to make all health care decisions for the principal during the principal’s incapacity. (b) Consult expeditiously with appropriate health care providers to provide informed consent, and make only health care decisions for the principal which he or she believes the principal would have made under the circumstances if the principal were capable of making such decisions. If there is no indication of what the principal would have chosen, the surrogate may consider the patient’s best interest in deciding that proposed treatments are to be withheld or that treatments currently in effect are to be withdrawn. (c) Provide written consent using an appropriate form whenever consent is required, including a physician’s order not to resuscitate. (d) Be provided access to the appropriate health information of the principal. (e) Apply for public benefits, such as Medicare and Medicaid, for the principal and have access to information regarding the principal’s income and assets and banking and financial records to the extent required to make application. A health care provider or facility may not, however, make such application a condition of continued care if the principal, if capable, would have refused to apply. (2) The surrogate may authorize the release of health information to appropriate persons to ensure the continuity of the principal’s health care and may authorize the admission, discharge, or transfer of the principal to or from a health care facility or other facility or program licensed under chapter 400 or chapter 429. (3) If, after the appointment of a surrogate, a court appoints a guardian, the surrogate shall continue to make health care decisions for the principal, unless the court has modified or revoked the authority of the surrogate pursuant to s. 744.3115. The surrogate may be directed by the court to

report the principal’s health care status to the guardian. HISTORY: S. 3, ch. 92-199; s. 9, ch. 94-183; s. 50, ch. 96-169; s. 23, ch. 99-331; s. 11, ch. 2000-295; s. 6, ch. 2001-250; s. 135, ch. 2001-277; s. 106, ch. 2006-197, eff. July 1, 2006; s. 13, ch. 2015-153, effective October 1, 2015.

« Title XLIV. », • Ch. 765. •, « Pt. III. » Fla. Stat. Title XLIV, Ch. 765, Pt. III

PART III. LIFE-PROLONGING PROCEDURES. « Title XLIV. », • Ch. 765. •, « Pt. III. », • § 765.301. » Fla. Stat. § 765.301

§ 765.301. Short title. Sections 765.302-765.309 may be cited as the “Life-Prolonging Procedure Act of Florida.” HISTORY: S. 4, ch. 92-199; s. 24, ch. 99-331.

« Title XLIV. », • Ch. 765. •, « Pt. III. », « § 765.302. » Fla. Stat. § 765.302

§ 765.302. Procedure for making a living will; notice to physician. (1) Any competent adult may, at any time, make a living will or written declaration and direct the providing, withholding, or withdrawal of lifeprolonging procedures in the event that such person has a terminal condition, has an end-stage condition, or is in a persistent vegetative state. A living will must be signed by the principal in the presence of two subscribing witnesses, one of whom is neither a spouse nor a blood relative of the principal. If the principal is physically unable to sign the living will, one of the witnesses must subscribe the principal’s signature in the principal’s presence and at the principal’s direction. (2) It is the responsibility of the principal to provide for notification to her or his primary physician that the living will has been made. In the event the principal is physically or mentally incapacitated at the time the principal is admitted to a health care facility, any other person may notify the physician or health care facility of the existence of the living will. A primary physician or health care facility which is so notified shall promptly make the living will or a copy thereof a part of the principal’s medical records. (3) A living will, executed pursuant to this section, establishes a rebuttable presumption of clear and convincing evidence of the principal’s wishes. HISTORY: S. 4, ch. 92-199; s. 1147, ch. 97-102; s. 25, ch. 99-331; s. 14, ch. 2015-153, effective October 1, 2015.

« Title XLIV. », • Ch. 765. •, « Pt. III. », « § 765.303. » Fla. Stat. § 765.303

§ 765.303. Suggested form of a living will. (1) A living will may, BUT NEED NOT, be in the following form: Living Will Declaration made this ____ day of __________,(year), I, ________________, willfully and voluntarily make known my desire that my dying not be artificially prolonged under the circumstances set forth below, and I do hereby declare that, if at any time I am incapacitated and (initial) I have a terminal condition or (initial) I have an end-stage condition or (initial) I am in a persistent vegetative state and if my primary physician and another consulting physician have determined that there is no reasonable medical probability of my recovery from such condition, I direct that life-prolonging procedures be withheld or withdrawn when the application of such procedures would serve only to prolong artificially the process of dying, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care or to alleviate pain. It is my intention that this declaration be honored by my family and physician as the final expression of my legal right to refuse medical or surgical treatment and to accept the consequences for such refusal. In the event that I have been determined to be unable to provide express and informed consent regarding the withholding, withdrawal, or continuation of life-prolonging procedures, I wish to designate, as my surrogate to carry out the provisions of this declaration:

I understand the full import of this declaration, and I am emotionally and

mentally competent to make this declaration. Additional Instructions (optional):

(2) The principal’s failure to designate a surrogate shall not invalidate the living will. HISTORY: S. 4, ch. 92-199; s. 35, ch. 99-6; s. 26, ch. 99-331; s. 12, ch. 2000-295; s. 15, ch. 2015-153, effective October 1, 2015.

« Title XLIV. », • Ch. 765. •, « Pt. III. », « § 765.304. » Fla. Stat. § 765.304

§ 765.304. Procedure for living will. (1) If a person has made a living will expressing his or her desires concerning life-prolonging procedures, but has not designated a surrogate to execute his or her wishes concerning life-prolonging procedures or designated a surrogate under part II, the person’s primary physician may proceed as directed by the principal in the living will. In the event of a dispute or disagreement concerning the primary physician’s decision to withhold or withdraw life-prolonging procedures, the primary physician shall not withhold or withdraw life-prolonging procedures pending review under s. 765.105. If a review of a disputed decision is not sought within 7 days following the primary physician’s decision to withhold or withdraw life-prolonging procedures, the primary physician may proceed in accordance with the principal’s instructions. (2) Before proceeding in accordance with the principal’s living will, it must be determined that: (a) The principal does not have a reasonable medical probability of recovering capacity so that the right could be exercised directly by the principal. (b) The principal has a terminal condition, has an end-stage condition, or is in a persistent vegetative state. (c) Any limitations or conditions expressed orally or in a written declaration have been carefully considered and satisfied. HISTORY: S. 4, ch. 92-199; s. 10, ch. 94-183; s. 27, ch. 99-331; s. 16, ch. 2015-153, effective October 1, 2015.

« Title XLIV. », • Ch. 765. •, « Pt. III. », « § 765.305. » Fla. Stat. § 765.305

§ 765.305. Procedure in absence of a living will. (1) In the absence of a living will, the decision to withhold or withdraw life-prolonging procedures from a patient may be made by a health care surrogate designated by the patient pursuant to part II unless the designation limits the surrogate’s authority to consent to the withholding or withdrawal of life-prolonging procedures. (2) Before exercising the incompetent patient’s right to forego treatment, the surrogate must be satisfied that: (a) The patient does not have a reasonable medical probability of recovering capacity so that the right could be exercised by the patient. (b) The patient has an end-stage condition, the patient is in a persistent vegetative state, or the patient’s physical condition is terminal. HISTORY: S. 4, ch. 92-199; s. 28, ch. 99-331; s. 13, ch. 2000-295.

« Title XLIV. », • Ch. 765. •, « Pt. III. », « § 765.306. » Fla. Stat. § 765.306

§ 765.306. Determination of patient condition. In determining whether the patient has a terminal condition, has an endstage condition, or is in a persistent vegetative state or may recover capacity, or whether a medical condition or limitation referred to in an advance directive exists, the patient’s primary physician and at least one other consulting physician must separately examine the patient. The findings of each such examination must be documented in the patient’s medical record and signed by each examining physician before life-prolonging procedures may be withheld or withdrawn. HISTORY: S. 4, ch. 92-199; s. 13, ch. 94-183; s. 29, ch. 99-331; s. 14, ch. 2000-295; s. 17, ch. 2015-153, effective October 1, 2015.

« Title XLIV. », • Ch. 765. •, « Pt. III. », « § 765.309. • Fla. Stat. § 765.309

§ 765.309. Mercy killing or euthanasia not authorized; suicide distinguished. (1) Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying. (2) The withholding or withdrawal of life-prolonging procedures from a patient in accordance with any provision of this chapter does not, for any purpose, constitute a suicide. HISTORY: S. 4, ch. 92-199.

« Title XLIV. », • Ch. 765. •, « Pt. IV. » Fla. Stat. Title XLIV, Ch. 765, Pt. IV

PART IV. ABSENCE OF ADVANCE DIRECTIVE. « Title XLIV. », • Ch. 765. •, « Pt. IV. », • § 765.401. » Fla. Stat. § 765.401

§ 765.401. The proxy. (1) If an incapacitated or developmentally disabled patient has not executed an advance directive, or designated a surrogate to execute an advance directive, or the designated or alternate surrogate is no longer available to make health care decisions, health care decisions may be made for the patient by any of the following individuals, in the following order of priority, if no individual in a prior class is reasonably available, willing, or competent to act: (a) The judicially appointed guardian of the patient or the guardian advocate of the person having a developmental disability as defined in s. 393.063, who has been authorized to consent to medical treatment, if such guardian has previously been appointed; however, this paragraph shall not be construed to require such appointment before a treatment decision can be made under this subsection; (b) The patient’s spouse; (c) An adult child of the patient, or if the patient has more than one adult child, a majority of the adult children who are reasonably available for consultation; (d) A parent of the patient; (e) The adult sibling of the patient or, if the patient has more than one sibling, a majority of the adult siblings who are reasonably available for consultation; (f) An adult relative of the patient who has exhibited special care and concern for the patient and who has maintained regular contact with the patient and who is familiar with the patient’s activities, health, and religious or moral beliefs; or (g) A close friend of the patient.

(h) A clinical social worker licensed pursuant to chapter 491, or who is a graduate of a court-approved guardianship program. Such a proxy must be selected by the provider’s bioethics committee and must not be employed by the provider. If the provider does not have a bioethics committee, then such a proxy may be chosen through an arrangement with the bioethics committee of another provider. The proxy will be notified that, upon request, the provider shall make available a second physician, not involved in the patient’s care to assist the proxy in evaluating treatment. Decisions to withhold or withdraw life-prolonging procedures will be reviewed by the facility’s bioethics committee. Documentation of efforts to locate proxies from prior classes must be recorded in the patient record. (2) Any health care decision made under this part must be based on the proxy’s informed consent and on the decision the proxy reasonably believes the patient would have made under the circumstances. If there is no indication of what the patient would have chosen, the proxy may consider the patient’s best interest in deciding that proposed treatments are to be withheld or that treatments currently in effect are to be withdrawn. (3) Before exercising the incapacitated patient’s rights to select or decline health care, the proxy must comply with the provisions of ss. 765.205 and 765.305, except that a proxy’s decision to withhold or withdraw life-prolonging procedures must be supported by clear and convincing evidence that the decision would have been the one the patient would have chosen had the patient been competent or, if there is no indication of what the patient would have chosen, that the decision is in the patient’s best interest. (4) Nothing in this section shall be construed to preempt the designation of persons who may consent to the medical care or treatment of minors established pursuant to s. 743.0645. HISTORY: S. 5, ch. 92-199; s. 12, ch. 94-183; s. 32, ch. 99-331; s. 15, ch. 2000-295; s. 7, ch. 2001-250; s. 136, ch. 2001-277; s. 13, ch. 2002-195; s. 5, ch. 2003-57.

« Title XLIV. », • Ch. 765. •, « Pt. IV. », « § 765.404. • Fla. Stat. § 765.404

§ 765.404. Persistent vegetative state. For persons in a persistent vegetative state, as determined by the person’s primary physician in accordance with currently accepted medical standards, who have no advance directive and for whom there is no evidence indicating what the person would have wanted under such conditions, and for whom, after a reasonably diligent inquiry, no family or friends are available or willing to serve as a proxy to make health care decisions for them, lifeprolonging procedures may be withheld or withdrawn under the following conditions: (1) The person has a judicially appointed guardian representing his or her best interest with authority to consent to medical treatment; and (2) The guardian and the person’s primary physician, in consultation with the medical ethics committee of the facility where the patient is located, conclude that the condition is permanent and that there is no reasonable medical probability for recovery and that withholding or withdrawing life-prolonging procedures is in the best interest of the patient. If there is no medical ethics committee at the facility, the facility must have an arrangement with the medical ethics committee of another facility or with a community-based ethics committee approved by the Florida Bio-ethics Network. The ethics committee shall review the case with the guardian, in consultation with the person’s primary physician, to determine whether the condition is permanent and there is no reasonable medical probability for recovery. The individual committee members and the facility associated with an ethics committee shall not be held liable in any civil action related to the performance of any duties required in this subsection. HISTORY: S. 33, ch. 99-331; s. 18, ch. 2015-153, effective October 1, 2015. Editor’s notes. One-time stay.— Section 1, ch. 2003-418 provides: “(1) The Governor

shall have the authority to issue a one-time stay to prevent the withholding of nutrition and hydration from a patient if, as of October 15, 2003: (a) That patient has no written advance directive; (b) The court has found that patient to be in a persistent vegetative state; (c) That patient has had nutrition and hydration withheld; and (d) A member of that patient’s family has challenged the withholding of nutrition and hydration. (2) The Governor’s authority to issue the stay expires 15 days after the effective date of this act [October 21, 2003], and the expiration of that authority does not impact the validity or the effect of any stay issued pursuant to this act. The Governor may lift the stay authorized under this act at any time. A person may not be held civilly liable and is not subject to regulatory or disciplinary sanctions for taking any action to comply with a stay issued by the Governor pursuant to this act. (3) Upon the issuance of a stay, the chief judge of the circuit court shall appoint a guardian ad litem for the patient to make recommendations to the Governor and the court.”

« Title XLIV. », • Ch. 765. •, « Pt. V. • Fla. Stat. Title XLIV, Ch. 765, Pt. V

PART V. ANATOMICAL GIFTS. « Title XLIV. », • Ch. 765. •, « Pt. V. •, • § 765.510. » Fla. Stat. § 765.510

§ 765.510. Legislative declaration. Because of the rapid medical progress in the fields of tissue and organ preservation, transplantation of tissue, and tissue culture, and because it is in the public interest to aid the medical developments in these fields, the Legislature in enacting this part intends to encourage and aid the development of reconstructive medicine and surgery and the development of medical research by facilitating premortem and postmortem authorizations for donations of tissue and organs. It is the purpose of this part to regulate the gift of a body or parts of a body, the gift to be made after the death of a donor. HISTORY: S. 1, ch. 74-106; s. 113, ch. 75-220; s. 3, ch. 84-264; s. 60, ch. 2001-226. Editor’s notes. Created from former s. 736.21; s. 732.910.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.511. » Fla. Stat. § 765.511

§ 765.511. Definitions. As used in this part, the term: (1) “Agency” means the Agency for Health Care Administration. (2) “Anatomical gift” or “gift” means a donation of all or part of a human body to take effect after the donor’s death and to be used for transplantation, therapy, research, or education. (3) “Bank” or “storage facility” means a facility licensed, accredited, or approved under the laws of any state for storage of human bodies or body parts. (4) “Death” means the absence of life as determined, in accordance with currently accepted medical standards, by the irreversible cessation of all respiration and circulatory function, or as determined, in accordance with s. 382.009, by the irreversible cessation of the functions of the entire brain, including the brain stem. (5) “Decedent” means a deceased individual whose body or body parts may be, or are, the source of an anatomical gift. (6) “Department” means the Department of Highway Safety and Motor Vehicles. (7) “Disinterested witness” means a witness other than a person listed in s. 765.512(3) or other family member. (8) “Document of gift” means any of the documents or mechanisms used in making an anatomical gift under s. 765.514. (9) “Donor” means an individual who makes an anatomical gift of all or part of his or her body. (10) “Donor registry” means a database that contains records of anatomical gifts and amendments to, or revocations of, such gifts. (11) “Eye bank” means an entity that is accredited by the Eye Bank Association of America or otherwise regulated under federal or state law to engage in the retrieval, screening, testing, processing, storage, or

distribution of human eye tissue. (12) “Guardian” means a person appointed pursuant to chapter 744. The term does not include a guardian ad litem. (13) “Hospital” means a hospital licensed, accredited, or approved under the laws of any state and includes a hospital operated by the United States Government or a state, or a subdivision thereof, although not required to be licensed under state laws. (14) “Identification card” means an official identification card issued by a governmental entity, state agency, or subdivision thereof. (15) “Organ procurement organization” means an entity that is designated as an organ procurement organization by the Secretary of the United States Department of Health and Human Services and that engages in the retrieval, screening, testing, processing, storage, or distribution of human organs. (16) “Part of the body” or “body part” means an organ, eye, or tissue of a human being. The term does not include the whole body. (17) “Physician” or “surgeon” means a physician or surgeon licensed to practice under chapter 458 or chapter 459 or similar laws of any state. “Surgeon” includes dental or oral surgeon. (18) “Procurement” means any retrieval, recovery, processing, storage, or distribution of human organs or tissues for transplantation, therapy, research, or education. (19) “Procurement organization” means an organ procurement organization, eye bank, or tissue bank. (20) “Reasonably available” means able to be contacted by a procurement organization in a timely manner without undue effort, and willing and able to act in a manner consistent with existing medical protocols necessary for the making of an anatomical gift. (21) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (22) “Sign” or “signed” means, with the present intent to authenticate or

adopt a record, to execute or adopt a tangible symbol, or attach to or logically associate an electronic symbol, sound, or process with the record. (23) “Tissue bank” means an entity that is accredited by the American Association of Tissue Banks or otherwise regulated under federal or state law to engage in the retrieval, screening, testing, processing, storage, or distribution of human tissue. HISTORY: S. 1, ch. 74-106; s. 113, ch. 75-220; s. 973, ch. 97-102; s. 5, ch. 98-68; s. 61, ch. 2001-226; s. 1, ch. 2009-218, eff. July 1, 2009. Editor’s notes. Created from former s. 736.22; s. 732.911.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.512. » Fla. Stat. § 765.512

§ 765.512. Persons who may make an anatomical gift. (1) Any person who may make a will may make an anatomical gift of his or her body. (a) If the decedent makes an anatomical gift by one of the methods listed in s. 765.514(1), and in the absence of actual notice of contrary indications by the decedent, the document or entry in the donor registry is legally sufficient evidence of the decedent’s informed consent to donate an anatomical gift. (b) An anatomical gift made by a qualified donor and not revoked by the donor, as provided in s. 765.516, is irrevocable after the donor’s death. A family member, guardian, representative ad litem, or health care surrogate may not modify, deny, or prevent a donor’s wish or intent to make an anatomical gift after the donor’s death. (2) A health care surrogate designated by the decedent pursuant to part II of this chapter may give all or any part of the decedent’s body for any purpose specified in s. 765.513 absent actual notice of contrary indications by the decedent. (3) If the decedent has not made an anatomical gift or designated a health surrogate, a member of one of the classes of persons listed below, in the order of priority listed and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of a prior class, may give all or any part of the decedent’s body for any purpose specified in s. 765.513: (a) The spouse of the decedent; (b) An adult son or daughter of the decedent; (c) Either parent of the decedent; (d) An adult brother or sister of the decedent; (e) An adult grandchild of the decedent; (f) A grandparent of the decedent; (g) A close personal friend, as defined in s. 765.101;

(h) A guardian of the person of the decedent at the time of his or her death; or (i) A representative ad litem appointed by a court of competent jurisdiction upon a petition heard ex parte filed by any person, who shall ascertain that no person of higher priority exists who objects to the gift of all or any part of the decedent’s body and that no evidence exists of the decedent’s having made a communication expressing a desire that his or her body or body parts not be donated upon death. Those of higher priority who are reasonably available must be contacted and made aware of the proposed gift and a reasonable search must be conducted which shows that there would have been no objection to the gift by the decedent. (4) A donee may not accept an anatomical gift if the donee has actual notice of contrary indications by the donor or actual notice that an anatomical gift by a member of a class is opposed by a member of a prior class. (5) The person authorized by subsection (3) may make the anatomical gift after the decedent’s death or immediately before the decedent’s death. (6) An anatomical gift authorizes: (a) Any examination necessary to assure medical acceptability of the gift for the purposes intended. (b) The decedent’s medical provider, family, or a third party to furnish medical records requested concerning the decedent’s medical and social history. (7) Once the anatomical gift has been made, the rights of the donee are paramount to the rights of others, except as provided by s. 765.517. HISTORY: S. 1, ch. 74-106; s. 45, ch. 75-220; s. 4, ch. 84-264; s. 62, ch. 85-62; s. 5, ch. 95-423; s. 974, ch. 97-102; s. 6, ch. 98-68; s. 12, ch. 99-331; s. 62, ch. 2001-226; s. 2, ch. 2003-46; s. 2, ch. 2008-223, eff. July 1, 2008; s. 2, ch. 2009-218, eff. July 1, 2009.

Editor’s notes. Section 1, ch. 2003-46, provides: “This act may be cited as the ‘ Nick Oelrich Gift of Life Act.’ ” Created from former s. 736.23; s. 732.912.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.513. » Fla. Stat. § 765.513

§ 765.513. Donees; purposes for which anatomical gifts may be made. (1) The following persons or entities may become donees of anatomical gifts of bodies or parts of them for the purposes stated: (a) Any procurement organization or accredited medical or dental school, college, or university for education, research, therapy, or transplantation. (b) Any individual specified by name for therapy or transplantation needed by him or her. (c) The anatomical board or a nontransplant anatomical donation organization, as defined in s. 406.49, for donation of the whole body for medical or dental education or research. (2) If multiple purposes are set forth in the document of gift but are not set forth in any priority order, the anatomical gift shall be used first for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education. (3) The Legislature declares that the public policy of this state prohibits restrictions on the possible recipients of an anatomical gift on the basis of race, color, religion, gender, national origin, age, physical disability, health status, marital status, or economic status, and such restrictions are void and unenforceable. HISTORY: S. 1, ch. 74-106; s. 45, ch. 75-220; s. 1, ch. 94-305; s. 975, ch. 97-102; s. 7, ch. 98-68; s. 63, ch. 2001-226; s. 3, ch. 2009-218, eff. July 1, 2009; s. 20, ch. 2013-138, eff. July 1, 2013. Editor’s notes. Created from former s. 736.24; s. 732.913.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.514. » Fla. Stat. § 765.514

§ 765.514. Manner of making anatomical gifts. (1) A person may make an anatomical gift of all or part of his or her body under s. 765.512(1) by: (a) Signing an organ and tissue donor card. (b) Registering online with the donor registry. (c) Signifying an intent to donate on his or her driver license or identification card issued by the department. Revocation, suspension, expiration, or cancellation of the driver license or identification card does not invalidate the gift. (d) Expressing a wish to donate in a living will or other advance directive. (e) Executing a will that includes a provision indicating that the testator wishes to make an anatomical gift. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated or if it is declared invalid for testamentary purposes, the gift is nevertheless valid to the extent that it has been acted upon in good faith. (f) Expressing a wish to donate in a document other than a will. The document must be signed by the donor in the presence of two witnesses who shall sign the document in the donor’s presence. If the donor cannot sign, the document may be signed for him or her at the donor’s direction and in his or her presence and the presence of two witnesses who must sign the document in the donor’s presence. Delivery of the document of gift during the donor’s lifetime is not necessary to make the gift valid. The following form of written document is sufficient for any person to make an anatomical gift for the purposes of this part: UNIFORM DONOR CARD The undersigned hereby makes this anatomical gift, if medically acceptable, to take effect on death. The words and marks below indicate my desires: I give:

(a) _________ any needed organs, tissues, or eyes; (b) _________ only the following organs, tissues, or eyes [Specify the organs, tissues, or eyes] for the purpose of transplantation, therapy, medical research, or education; (c) _________ my body for anatomical study if needed. Limitations or special wishes, if any: (If applicable, list specific donee; this must be arranged in advance with the donee.) Signed by the donor and the following witnesses in the presence of each other: (Signature of donor) (Date of birth of donor) (Date signed) (City and State) (Witness) (Witness) (Address) (Address) (2) The anatomical gift may be made to a donee listed in s. 765.513, and the donee may be specified by name. (3) Any anatomical gift by a health care surrogate designated by the decedent pursuant to part II of this chapter or a member of a class designated in s. 765.512(3) must be made by a document signed by that person or made by that person’s witnessed telephonic discussion, telegraphic message, or other recorded message. HISTORY: S. 1, ch. 74-106; s. 45, ch. 75-220; s. 1, ch. 83-171; s. 2, ch. 94-305; s. 6, ch. 95-423; s. 976, ch. 97-102; s. 8, ch. 98-68; s. 13, ch. 99-331; s. 64, ch. 2001-226; s. 3, ch. 2008-223, eff. July 1, 2008; s. 4, ch. 2009-218, eff. July 1, 2009. Editor’s notes. Created from former s. 736.25; s. 732.914.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.515. » Fla. Stat. § 765.515

§ 765.515. Delivery of donor document. (1) If an anatomical gift is made pursuant to s. 765.521, the completed donor registration card shall be delivered to the department, and the department must communicate the donor’s intent to the donor registry, but delivery is not necessary to the validity of the gift. If the donor withdraws the gift, the records of the department must be updated to reflect such withdrawal, and the department must communicate the withdrawal to the donor registry for the purpose of updating the registry. (2) If an anatomical gift is made by the donor to a specified donee, the document of gift, other than a will, may be delivered to the donee to expedite the appropriate procedures immediately after death, but delivery is not necessary to the validity of the gift. The document of gift may be deposited in any hospital, bank, storage facility, or registry office that accepts such documents for safekeeping or to facilitate the donation of organs and tissue after death. (3) At the request of any interested party upon or after the donor’s death, the person in possession shall produce the document of gift for examination. HISTORY: S. 1, ch. 74-106; s. 45, ch. 75-220; s. 2, ch. 83-171; s. 1, ch. 87-372; s. 7, ch. 95-423; s. 33, ch. 96-418; s. 9, ch. 98-68; s. 65, ch. 2001-226; s. 17, ch. 2008-9, eff. July 1, 2008; s. 4, ch. 2008-223, eff. July 1, 2008; s. 5, ch. 2009218, eff. July 1, 2009. Editor’s notes. Created from former s. 736.26; s. 732.915.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.5155. » Fla. Stat. § 765.5155

§ 765.5155. Donor registry; education program. (1) The Legislature finds that: (a) There is a shortage of organ and tissue donors in this state willing to provide the organs and tissue that could save lives or enhance the quality of life for many persons. (b) There is a need to encourage the various minority populations of this state to donate organs and tissue. (c) A statewide donor registry having an online donor registration process coupled with an enhanced program of donor education will lead to an increase in the number of organ and tissue donors registered in this state, thus affording more persons who are awaiting organ or tissue transplants the opportunity for a full and productive life. (2) The agency and the department shall jointly contract for the operation of a donor registry and education program. The contractor shall be procured by competitive solicitation pursuant to chapter 287, notwithstanding an exemption under s. 287.057(3)(e). When awarding the contract, priority shall be given to existing nonprofit groups that are based within the state, have expertise working with procurement organizations, have expertise in conducting statewide organ and tissue donor public education campaigns, and represent the needs of the organ and tissue donation community in the state. (3) The contractor shall be responsible for: (a) The development, implementation, and maintenance of an interactive web-based donor registry that, through electronic means, allows for online organ donor registration and the recording of organ and tissue donation records submitted through the driver license identification program or through other sources. 1. The registry must be maintained in a manner that allows, through electronic and telephonic methods, immediate access to organ and tissue donation records 24 hours a day, 7 days a week.

2. Access to the registry must be through coded and secure means to protect the integrity of the data in the registry. (b) A continuing program to educate and inform medical professionals, law enforcement agencies and officers, other state and local government employees, high school students, minorities, and the public about the laws of this state relating to anatomical gifts and the need for anatomical gifts. 1. Existing community resources, when available, must be used to support the program and volunteers may assist the program to the maximum extent possible. 2. The contractor shall coordinate with the head of a state agency or other political subdivision of the state, or his or her designee, to establish convenient times, dates, and locations for educating that entity’s employees. (c) Preparing and submitting an annual written report to the agency by December 31 of each year. The report must include: 1. The number of donors on the registry and an analysis of the registration rates by location and method of donation; 2. The characteristics of donors as determined from registry information submitted directly by the donors or by the department; 3. The annual dollar amount of voluntary contributions received by the contractor; 4. A description of the educational campaigns and initiatives implemented during the year and an evaluation of their effectiveness in increasing enrollment on the registry; and 5. An analysis of Florida’s registry compared with other states’ donor registries. (4) Costs for the donor registry and education program shall be paid by the agency from the funds deposited into the Health Care Trust Fund pursuant to ss. 320.08047 and 322.08, which are designated for maintaining the donor registry and education program. In addition, the contractor may receive and use voluntary contributions to help support the registry and provide education. (5) The donor registry established by this section is designated as the

“Joshua Abbott Organ and Tissue Registry.” HISTORY: S. 5, ch. 2008-223, eff. July 1, 2008; s. 6, ch. 2009-218, eff. July 1, 2009; s. 40, ch. 2010-151, eff. July 1, 2010; s. 20, ch. 2013-154, eff. July 1, 2013.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.51551. » Fla. Stat. § 765.51551

§ 765.51551. Donor registry; public records exemption. (1) Information held in the donor registry which identifies a donor is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (2) Such information may be disclosed to the following: (a) Procurement organizations that have been certified by the agency for the purpose of ascertaining or effectuating the existence of a gift under s. 765.522. (b) Persons engaged in bona fide research if the person agrees to: 1. Submit a research plan to the agency which specifies the exact nature of the information requested and the intended use of the information; 2. Maintain the confidentiality of the records or information if personal identifying information is made available to the researcher; 3. Destroy any confidential records or information obtained after the research is concluded; and 4. Not directly or indirectly contact, for any purpose, any donor or donee. HISTORY: S. 1, ch. 2008-222, eff. July 1, 2008; s. 7, ch. 2009-218, eff. July 1, 2009; s. 1, ch. 2013-65, eff. Oct. 1, 2013.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.516. » Fla. Stat. § 765.516

§ 765.516. Donor amendment or revocation of anatomical gift. (1) A donor may amend the terms of or revoke an anatomical gift by: (a) The execution and delivery to the donee of a signed statement witnessed by at least two adults, at least one of whom is a disinterested witness. (b) An oral statement that is made in the presence of two persons, one of whom is not a family member, and communicated to the donor’s family or attorney or to the donee. An oral statement is effective only if the procurement organization, transplant hospital, or physician or technician has actual notice of the oral amendment or revocation before an incision is made to the decedent’s body or an invasive procedure to prepare the recipient has begun. (c) A statement made during a terminal illness or injury addressed to the primary physician, who must communicate the revocation of the gift to the procurement organization. (d) A signed document found on or about the donor’s person. (e) Removing his or her name from the donor registry. (f) A later-executed document of gift which amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. (g) By the destruction or cancellation of the document of gift or the destruction or cancellation of that portion of the document of gift used to make the gift with the intent to revoke the gift. (2) Any anatomical gift made by a will may also be amended or revoked in the manner provided for the amendment or revocation of wills or as provided in paragraph (1)(a). HISTORY: S. 1, ch. 74-106; s. 113, ch. 75-220; s. 3, ch. 83-171; s. 8, ch. 95-423; s. 977, ch. 97-102; s. 10, ch. 98-68; s. 66, ch. 2001-226; s. 3, ch. 2003-46; s. 6,

ch. 2008-223, eff. July 1, 2008; s. 8, ch. 2009-218, eff. July 1, 2009; s. 19, ch. 2015-153, effective October 1, 2015. Editor’s notes. Section 1, ch. 2003-46, provides: “This act may be cited as the ‘ Nick Oelrich Gift of Life Act.”’ Created from former s. 736.27; s. 732.916.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.517. » Fla. Stat. § 765.517

§ 765.517. Rights and duties at death. (1) The donee, pursuant to s. 765.515(2), may accept or reject an anatomical gift. If the donee accepts a gift to be used for research or education purposes, the donee may authorize embalming and the use of the body in funeral services, subject to the terms of the gift. If the gift is of a part of the body, the donee shall cause the part to be removed without unnecessary mutilation upon the death of the donor and before or after embalming. After removal of the body part, custody of the remainder of the body vests in the surviving spouse, next of kin, or other persons under obligation to dispose of the body. (2) The time of death shall be determined by a physician who attends the donor at the donor’s death or, if there is no such physician, the physician who certifies the death. After death, those physicians or the donor’s primary care physician may participate in, but may not obstruct, the procedures to preserve the donor’s organs or tissues and may not be paid or reimbursed for such participation, nor be associated with or employed by, a procurement organization. These physicians may not participate in the procedures for removing or transplanting a part. However, this subsection does not prevent a physician from serving in a voluntary capacity on the board of directors of a procurement organization or participating on any board, council, commission, or similar body related to the organ and tissue procurement system. (3) The procurement organizations, or hospital medical professionals under the direction thereof, may perform any and all tests to evaluate the deceased as a potential donor and any invasive procedures on the deceased body in order to preserve the potential donor’s organs. These procedures do not include the surgical removal of an organ or penetrating any body cavity, specifically for the purpose of donation, until: (a) It has been verified that the deceased’s consent to donate appears in the donor registry or a properly executed document of gift is located; or (b) If a properly executed document of gift cannot be located or the deceased’s consent is not listed in the donor registry, a person specified in s.

765.512(2) or (3) has been located, has been notified of the death, and has granted legal permission for the donation. (4) All reasonable additional expenses incurred in the procedures to preserve the donor’s organs or tissues shall be reimbursed by the procurement organization. (5) A person who acts in good faith and without negligence in accord with the terms of this part or under the anatomical gift laws of another state or a foreign country, or attempts to do so, may not be subject to any civil action for damages, may not be subject to any criminal proceeding, and may not be subject to discipline, penalty, or liability in any administrative proceeding. (6) The provisions of this part are subject to the laws of this state prescribing powers and duties with respect to autopsies. (7) The person making an anatomical gift and the donor’s estate are not liable for any injury or damages that result from the making or use of the gift. (8) In determining whether an anatomical gift has been made, amended, or revoked under this part, a person may rely upon the representation of an individual listed in s. 765.512, relating to the individual’s relationship to the donor or prospective donor, unless the person knows that the representation is untrue. HISTORY: S. 1, ch. 74-106; s. 45, ch. 75-220; s. 4, ch. 83-171; s. 9, ch. 95-423; s. 978, ch. 97-102; s. 14, ch. 99-331; s. 67, ch. 2001-226; s. 7, ch. 2008-223, eff. July 1, 2008; s. 9, ch. 2009-218, eff. July 1, 2009. Editor’s notes. Created from former s. 736.28; s. 732.917.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.518. » Fla. Stat. § 765.518

§ 765.518. Eye banks. (1) Any state, county, district, or other public hospital may purchase and provide the necessary facilities and equipment to establish and maintain an eye bank for restoration of sight purposes. (2) The Department of Education may have prepared, printed, and distributed: (a) A form document of gift for a gift of the eyes. (b) An eye bank register consisting of the names of persons who have executed documents for the gift of their eyes. (c) Wallet cards reciting the document of gift. HISTORY: S. 1, ch. 74-106; s. 45, ch. 75-220; s. 462, ch. 77-147; s. 68, ch. 2001-226. Editor’s notes. Created from former s. 736.29; s. 732.918.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.5185. » Fla. Stat. § 765.5185

§ 765.5185. Corneal removal by medical examiners. (1) In any case in which a patient is in need of corneal tissue for a transplant, a district medical examiner or an appropriately qualified designee with training in ophthalmologic techniques may, upon request of any eye bank authorized under s. 765.518, provide the cornea of a decedent whenever all of the following conditions are met: (a) A decedent who may provide a suitable cornea for the transplant is under the jurisdiction of the medical examiner and an autopsy is required in accordance with s. 406.11. (b) No objection by the next of kin of the decedent is known by the medical examiner. (c) The removal of the cornea will not interfere with the subsequent course of an investigation or autopsy. (2) Neither the district medical examiner nor the medical examiner’s appropriately qualified designee nor any eye bank authorized under s. 765.518 may be held liable in any civil or criminal action for failure to obtain consent of the next of kin. HISTORY: S. 1, ch. 77-172; s. 1, ch. 78-191; s. 979, ch. 97-102; s. 69, ch. 2001-226; s. 111, ch. 2002-1. Editor’s notes. Former s. 732.9185.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.519. » Fla. Stat. § 765.519

§ 765.519. Enucleation of eyes by licensed funeral directors. With respect to a gift of an eye as provided for in this part, a licensed funeral director as defined in chapter 497 who has completed a course in eye enucleation and has received a certificate of competence from the Department of Ophthalmology of the University of Florida School of Medicine, the University of South Florida School of Medicine, or the University of Miami School of Medicine may enucleate eyes for gift after proper certification of death by a physician and in compliance with the intent of the gift as defined in this chapter. No properly certified funeral director acting in accordance with the terms of this part shall have any civil or criminal liability for eye enucleation. HISTORY: S. 1, ch. 74-106; s. 45, ch. 75-220; s. 1, ch. 80-157; s. 70, ch. 2001-226; s. 148, ch. 2004-301. Editor’s notes. Created from former s. 736.31; s. 732.919.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.521. » Fla. Stat. § 765.521

§ 765.521. Donations as part of driver license or identification card process. (1) The agency and the department shall develop and implement a program encouraging and allowing persons to make anatomical gifts as a part of the process of issuing identification cards and issuing and renewing driver licenses. The donor registration card distributed by the department shall include the information required by the uniform donor card under s. 765.514 and such additional information as determined necessary by the department. The department shall also develop and implement a program to identify donors which includes notations on identification cards, driver licenses, and driver records or such other methods as the department develops to clearly indicate the individual’s intent to make an anatomical gift. A notation on an individual’s driver license or identification card that the individual intends to make an anatomical gift satisfies all requirements for consent to organ or tissue donation. The agency shall provide the necessary supplies and forms from funds appropriated from general revenue or contributions from interested voluntary, nonprofit organizations. The department shall provide the necessary recordkeeping system from funds appropriated from general revenue. The department and the agency shall incur no liability in connection with the performance of any acts authorized herein. (2) The department shall maintain an integrated link on its website referring a visitor renewing a driver license or conducting other business to the donor registry operated under s. 765.5155. (3) The department, after consultation with and concurrence by the agency, shall adopt rules to implement the provisions of this section according to the provisions of chapter 120. (4) Funds expended by the agency to carry out the intent of this section may not be taken from funds appropriated for patient care. HISTORY: S. 1, ch. 75-71; s. 1, ch. 77-16; s. 463, ch. 77-147; s. 1, ch. 77-174; ss. 1, 2,

ch. 80-134; s. 5, ch. 83-171; s. 10, ch. 95-423; s. 71, ch. 2001-226; s. 8, ch. 2008-223, eff. July 1, 2008; s. 10, ch. 2009-218, eff. July 1, 2009; s. 62, ch. 2016-239, effective July 1, 2016. Editor’s notes. Former s. 732.921.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.5215. » Fla. Stat. § 765.5215

§ 765.5215. Education program relating to annatomical gifts [Repealed.] Repealed by s. 10, ch. 2008-223, effective July 1, 2008. HISTORY: S. 1, ch. 85-247; s. 11, ch. 95-423; s. 65, ch. 99-248; s. s72, ch. 2001-226; s. 112, ch. 2002-1.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.52155. » Fla. Stat. § 765.52155

§ 765.52155. Florida Organ and Tissue Donor Education and Procurement Trust Fund [Repealed.] Repealed by s. 18, ch. 2008-9, effective July 1, 2008. HISTORY: S. 1, ch. 95-316; s. 29, ch. 96-418; s. 73, ch. 2001-226.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.5216. » Fla. Stat. § 765.5216

§ 765.5216. Organ and tissue education panel [Repealed.] Repealed by s. 10, ch. 2008-223, effective July 1, 2008. HISTORY: S. 12, ch. 95-423; s. 11, ch. 98-68; s. 66, ch. 99-248; s. 25, ch. 2000-305; s. 74, ch. 2001-226; s. 113, ch. 2002-1; s. 103, ch. 2003-1.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.522. » Fla. Stat. § 765.522

§ 765.522. Duty of hospital administrators; liability of hospital administrators and procurement organizations. (1) If, based on accepted medical standards, a hospital patient is a suitable candidate for organ or tissue donation, the hospital administrator or the hospital administrator’s designee shall, at or near the time of death, notify the appropriate procurement organization, which shall access the donor registry created by s. 765.5155 or any other donor registry to ascertain the existence of an entry in the registry which has not been revoked or a document of gift executed by the decedent. In the absence of an entry in the donor registry, a document of gift, or other properly executed document, the procurement organization shall request: (a) The patient’s health care surrogate, as authorized in s. 765.512(2); or (b) If the patient does not have a surrogate, or the surrogate is not reasonably available, any of the persons specified in s. 765.512(3), in the order and manner listed, to consent to the anatomical gift of the decedent’s body for any purpose specified in this part. Except as provided in s. 765.512, in the absence of actual notice of opposition, consent need only be obtained from the person or persons in the highest priority class reasonably available. (2) A document of gift is valid if executed in accordance with this part or the laws of the state or country where it was executed and where the person making the anatomical gift was domiciled, has a place of residence, or was a citizen at the time the document of gift was executed. (3) The agency shall establish rules and guidelines concerning the education of individuals who may be designated to perform the request and the procedures to be used in making the request. The agency is authorized to adopt rules concerning the documentation of the request, where such request is made. (4) If a document of gift is valid under this section, the laws of this state govern the interpretation of the document of gift. (5) A document of gift or amendment of an anatomical gift is presumed

to be valid unless it was not validly executed or was revoked. (6) There shall be no civil or criminal liability against any procurement organization certified under s. 765.542 or against any hospital or hospital administrator or designee who complies with the provisions of this part and agency rules or if, in the exercise of reasonable care, a request for organ donation is inappropriate and the gift is not made according to this part and agency rules. (7) The hospital administrator or a designee shall, at or near the time of death of a potential donor, directly notify the affiliated organ procurement organization of the potential organ donor. The organ procurement organization must offer any organ from such a donor first to patients on a Florida-based local or state organ sharing transplant list. For the purpose of this subsection, the term “transplant list” includes certain categories of national or regional organ sharing for patients of exceptional need or exceptional match, as approved or mandated by the Organ Procurement and Transplantation Network, or its agent. This notification may not be made to a tissue bank or eye bank in lieu of the organ procurement organization unless the tissue bank or eye bank is also designated as an organ procurement organization. HISTORY: S. 1, ch. 86-212; s. 2, ch. 87-372; s. 13, ch. 95-423; s. 980, ch. 97-102; s. 12, ch. 98-68; s. 15, ch. 99-331; s. 75, ch. 2001-226; s. 104, ch. 2003-1; s. 9, ch. 2008-223, eff. July 1, 2008; s. 11, ch. 2009-218, eff. July 1, 2009. Editor’s notes. Former s. 732.922.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.523. » Fla. Stat. § 765.523

§ 765.523. Discrimination in access to anatomical gifts and organ transplants prohibited. (1) As used in this section, the term: (a) “Auxiliary aids and services” means: 1. Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments. 2. Qualified readers, recorded texts, texts in an accessible electronic format, or other effective methods of making visually delivered materials available to individuals with visual impairments. 3. Supported decisionmaking services, including any of the following: a. The use of a support person to assist an individual in making medical decisions, communicating information to the individual, or ascertaining his or her wishes. b. The provision of information to a person designated by the individual, consistent with federal and state laws governing the disclosure of health information. c. Measures used to ensure that the individual’s guardian or legal representative, if any, is included in decisions involving the individual’s health care and that medical decisions are in accordance with the individual’s own expressed interests. d. Any other aid or service that is used to provide information in a format that is readily understandable and accessible to individuals with cognitive, neurological, developmental, or intellectual disabilities. (b) “Covered entity” means any of the following: 1. A licensed health care practitioner as defined in s. 456.001. 2. A health care facility as defined in s. 408.07. 3. Any other entity responsible for potential recipients of anatomical gifts or organ transplants.

(c) “Disability” has the same meaning as “developmental disability” and “intellectual disability” as those terms are defined in s. 393.063. (d) “Organ transplant” means the transplantation or transfusion of a part of a human body into the body of another individual for the purpose of treating or curing a medical condition. (e) “Qualified individual” means an individual who has a disability and meets the clinical eligibility requirements for the receipt of an anatomical gift or an organ transplant, regardless of: 1. The support networks available to the individual; 2. The provision of auxiliary aids and services; or 3. Reasonable modifications to the policies, practices, or procedures of a covered entity pursuant to subsection (4). (2) A covered entity may not do any of the following solely on the basis of an individual’s disability: (a) Consider a qualified individual ineligible to receive an anatomical gift or organ transplant. (b) Deny medical or other services related to an organ transplant, including evaluation, surgery, counseling, and posttransplant treatment and services. (c) Refuse to refer the individual to an organ procurement organization or a related specialist for the purpose of evaluation or receipt of an organ transplant. (d) Refuse to place a qualified individual on an organ transplant waiting list. (e) Place a qualified individual at a lower priority position on an organ transplant waiting list than the position at which the qualified individual would have been placed if not for the disability. (3)(a) A covered entity may take an individual’s disability into account if, following an individualized evaluation of him or her, a physician finds the individual’s disability to be medically significant to the provision of the anatomical gift or organ transplant, but only to the extent that the covered entity is making treatment or coverage recommendations or decisions for the individual.

(b) If an individual has the necessary support system to assist him or her in complying with posttransplant medical requirements, a covered entity may not consider the individual’s inability to independently comply with the posttransplant medical requirements to be medically significant for the purposes of paragraph (a). (4) A covered entity shall make reasonable modifications to policies, practices, or procedures when the modifications are necessary to allow an individual with a disability access to services, including transplant-related counseling, information, coverage, or treatment, unless the covered entity can demonstrate that making the modifications would fundamentally alter the nature of the services. Such modifications shall include, but need not be limited to, communication with the persons responsible for supporting the individual with his or her postsurgical and posttransplant care, including medication. Such modifications shall also consider the support networks available to the individual, including, but not limited to, family, friends, and home and community-based services coverage when determining whether the individual is able to comply with posttransplant medical requirements. (5) A covered entity shall take such steps as may be necessary to ensure that an individual with a disability is not denied services, including transplant-related counseling, information, coverage, or treatment, due to the absence of auxiliary aids and services, unless the covered entity can demonstrate that taking the steps would fundamentally alter the nature of the services being offered or would result in an undue burden on the covered entity. (6) If a covered entity violates this section, the qualified individual who is affected by the violation may bring an action in the appropriate circuit court for injunctive or other equitable relief. (7) This section may not be construed to require a covered entity to make a referral or recommendation for or perform a medically inappropriate organ transplant. History. S. 1, ch. 2020-139, effective July 1, 2020.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.53. » Fla. Stat. § 765.53

§

765.53. Organ Transplant responsibilities. [Repealed]

Advisory

Council;

membership;

HISTORY: SS. 1, 2, ch. 86-208; ss. 88, 89, ch. 86-220; s. 3, ch. 87-50; s. 8, ch. 91-49; s. 52, ch. 91-297; s. 5, ch. 91-429; s. 3, ch. 94-305; s. 50, ch. 97-101; s. 1, ch. 99-299; s. 6, ch. 2000-305; s. 33, ch. 2003-1; s. 12, ch. 2009-218, eff. July 1, 2009; repealed by s. 7, ch. 2021-151, effective July 1, 2021.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.541. » Fla. Stat. § 765.541

§

765.541. Certification responsibilities.

of

procurement

organizations;

agency

The agency shall: (1) Establish a program for the certification of organizations, corporations, or other entities engaged in the procurement of organs, tissues, and eyes for transplantation. (2) Adopt rules that set forth appropriate standards and guidelines for the program in accordance with ss. 765.541-765.546 and part II of chapter 408. These standards and guidelines must be substantially based on the existing laws of the Federal Government and this state and the existing standards and guidelines of the United Network for Organ Sharing (UNOS), the American Association of Tissue Banks (AATB), the SouthEastern Organ Procurement Foundation (SEOPF), the North American Transplant Coordinators Organization (NATCO), and the Eye Bank Association of America (EBAA). In addition, the agency shall, before adopting these standards and guidelines, seek input from all procurement organizations based in this state. (3) Collect, keep, and make available to the Governor and the Legislature information regarding the numbers and disposition of organs, tissues, and eyes procured by each certified procurement organization. (4) Monitor procurement organizations for program compliance. (5) Provide for the administration of the Organ and Tissue Procurement and Transplantation Advisory Board. HISTORY: SS. 2, 9, ch. 91-271; s. 5, ch. 91-429; s. 5, ch. 94-305; s. 33, ch. 2003-1; s. 201, ch. 2007-230, eff. July 1, 2007; s. 13, ch. 2009-218, eff. July 1, 2009. Editor’s notes. Formerly s. 381.6021: transferred by s. 33, ch. 2003-1, effective July 1, 2003.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.542. » Fla. Stat. § 765.542

§ 765.542. Requirements to engage in organ, tissue, or eye procurement. (1) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to ss. 765.541-765.546 and part II of chapter 408 and to entities licensed or certified by or applying for such licensure or certification from the agency pursuant to ss. 765.541-765.546. A person may not engage in the practice of organ procurement in this state without being designated as an organ procurement organization by the Secretary of the United States Department of Health and Human Services and being appropriately certified by the agency. A physician or organ procurement organization based outside this state is exempt from these certification requirements if: (a) The organs are procured for an out-of-state patient who is listed on, or referred through, the United Network for Organ Sharing System; and (b) The organs are procured through an agreement of an organ procurement organization certified by the state. (2) A person may not engage in tissue procurement in this state unless it is appropriately certified as a tissue bank by the agency. (3) A person may not engage in the practice of eye procurement in this state without being appropriately certified as an eye bank by the agency. Funeral directors or direct disposers who retrieve eye tissue for an eye bank certified under this subsection are exempt from the certification requirements under this subsection. (4) A limited certificate may be issued to a tissue bank or eye bank, certifying only those components of procurement which the bank has chosen to perform. The agency may issue a limited certificate if it determines that the tissue bank or eye bank is adequately staffed and equipped to operate in conformity with the rules adopted under this section. HISTORY: S. 3, ch. 91-271; s. 6, ch. 94-305; s. 33, ch. 2003-1; s. 202, ch. 2007-230,

eff. July 1, 2007; s. 14, ch. 2009-218, eff. July 1, 2009. Editor’s notes. Formerly s. 381.6022: transferred by s. 33, ch. 2003-1, effective July 1, 2003.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.543. » Fla. Stat. § 765.543

§ 765.543. Organ and Tissue Procurement and Transplantation Advisory Board; creation; duties. (1) There is hereby created the Organ and Tissue Procurement and Transplantation Advisory Board, which shall consist of 14 members who are appointed by and report directly to the Secretary of Health Care Administration. The membership must be regionally distributed and must include: (a) Two representatives who have expertise in vascular organ transplant surgery; (b) Two representatives who have expertise in vascular organ procurement, preservation, and distribution; (c) Two representatives who have expertise in musculoskeletal tissue transplant surgery; (d) Two representatives who have expertise in musculoskeletal tissue procurement, processing, and distribution; (e) A representative who has expertise in eye and cornea transplant surgery; (f) A representative who has expertise in eye and cornea procurement, processing, and distribution; (g) A representative who has expertise in bone marrow procurement, processing, and transplantation; (h) A representative from the Florida Pediatric Society; (i) A representative from the Florida Society of Pathologists; and (j) A representative from the Florida Medical Examiners Commission. (2) The advisory board members may not be compensated for their services except that they may be reimbursed for their travel expenses as provided by law. Members of the board shall be appointed for 3-year terms of office. (3) The board shall:

(a) Assist the agency in the development of necessary professional qualifications, including, but not limited to, the education, training, and performance of persons engaged in the various facets of organ and tissue procurement, processing, preservation, and distribution for transplantation; (b) Assist the agency in monitoring the appropriate and legitimate expenses associated with organ and tissue procurement, processing, and distribution for transplantation and developing methodologies to assure the uniform statewide reporting of data to facilitate the accurate and timely evaluation of the organ and tissue procurement and transplantation system; (c) Provide assistance to the Florida Medical Examiners Commission in the development of appropriate procedures and protocols to ensure the continued improvement in the approval and release of potential donors by the district medical examiners and associate medical examiners; (d) Develop with and recommend to the agency the necessary procedures and protocols required to assure that all residents of this state have reasonable access to available organ and tissue transplantation therapy and that residents of this state can be reasonably assured that the statewide procurement transplantation system is able to fulfill their organ and tissue requirements within the limits of the available supply and according to the severity of their medical condition and need; and (e) Develop with and recommend to the agency any changes to the laws of this state or administrative rules or procedures to ensure that the statewide organ and tissue procurement and transplantation system is able to function smoothly, effectively, and efficiently, in accordance with the Federal Anatomical Gift Act and in a manner that assures the residents of this state that no person or entity profits from the altruistic voluntary donation of organs or tissues. HISTORY: SS. 4, 9, ch. 91-271; s. 5, ch. 91-429; s. 7, ch. 94-305; s. 7, ch. 2000-305; s. 33, ch. 2003-1; s. 15, ch. 2009-218, eff. July 1, 2009. Editor’s notes. Formerly s. 381.6023: transferred by s. 33, ch. 2003-1, effective July 1, 2003.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.544. » Fla. Stat. § 765.544

§ 765.544. Fees; organ and tissue donor education and procurement. (1) In accordance with s. 408.805, an applicant or a certificateholder shall pay a fee for each application submitted under this part, part II of chapter 408, and applicable rules. The amount of the fee shall be as follows: (a) An initial application fee of $1,000 from organ procurement organizations and tissue banks and $500 from eye banks. (b) Annual fees to be used, in the following order of priority, for the certification program, the advisory board, maintenance of the donor registry, and the organ and tissue donor education program, which may not exceed $35,000 per organization: 1. Each organ procurement organization shall pay the greater of $1,000 or 0.25 percent of its total revenues produced from procurement activity in this state by the certificateholder during its most recently completed fiscal or operational year. 2. Each tissue procurement organization shall pay the greater of $1,000 or 0.25 percent of its total revenues from procurement and processing activity in this state by the certificateholder during its most recently completed fiscal or operational year. 3. Each eye bank shall pay the greater of $500 or 0.25 percent of its total revenues produced from procurement activity in this state by the certificateholder during its most recently completed fiscal or operational year. (2) The agency shall specify by rule the administrative penalties for the purpose of ensuring adherence to the standards of quality and practice required by this chapter, part II of chapter 408, and applicable rules of the agency for continued certification. (3)(a) Proceeds from fees, administrative penalties, and surcharges collected pursuant to this section must be deposited into the Health Care Trust Fund. (b) Moneys deposited in the trust fund pursuant to this section must be

used exclusively for the implementation, administration, and operation of the certification program and the advisory board, for maintaining the donor registry, and for organ and tissue donor education. (4) As used in this section, the term “procurement activity in this state” includes the bringing into this state for processing, storage, distribution, or transplantation of organs or tissues that are initially procured in another state or country. HISTORY: S. 5, ch. 91-271; s. 8, ch. 94-305; s. 32, ch. 96-418; ss. 3, 4, ch. 98-68; s. 54, ch. 2002-1; s. 33, ch. 2003-1; s. 203, ch. 2007-230, eff. July 1, 2007; s. 19, ch. 2008-9, eff. July 1, 2008; s. 16, ch. 2009-218, eff. July 1, 2009. Editor’s notes. Formerly s. 381.6024: transferred by s. 33, ch. 2003-1, effective July 1, 2003.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.545. » Fla. Stat. § 765.545

§ 765.545. Physician supervision of cadaveric organ and tissue procurement coordinators. Procurement organizations may employ coordinators who are registered nurses, physician assistants, or other medically trained personnel who meet the relevant standards for procurement organizations adopted by the agency under s. 765.541, to assist in the medical management of organ donors or in the surgical procurement of cadaveric organs, tissues, or eyes for transplantation or research. A coordinator who assists in the medical management of organ donors or in the surgical procurement of cadaveric organs, tissues, or eyes for transplantation or research must do so under the direction and supervision of a physician medical director pursuant to rules and guidelines adopted by the agency. With the exception of organ procurement surgery, this supervision may be indirect supervision. For purposes of this section, the term “indirect supervision” means that the medical director is responsible for the medical actions of the coordinator, that the coordinator is operating under protocols expressly approved by the medical director, and that the medical director or his or her physician designee is always available, in person or by telephone, to provide medical direction, consultation, and advice in cases of organ, tissue, and eye donation and procurement. Although indirect supervision is authorized under this section, direct physician supervision is to be encouraged when appropriate. HISTORY: S. 6, ch. 91-271; s. 9, ch. 94-305; s. 1035, ch. 95-148; s. 34, ch. 2003-1; s. 17, ch. 2009-218, eff. July 1, 2009. Editor’s notes. Formerly s. 381.6025: transferred by s. 34, ch. 2003-1, effective July 1, 2003.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.546. » Fla. Stat. § 765.546

§ 765.546. Procurement of cadaveric organs for transplant by out-ofstate physicians. Any physician currently licensed to practice medicine and surgery in the United States may surgically procure in this state cadaveric organs for transplant if: (1) The organs are being procured for an out-of-state patient who is listed on, or referred through, the United Network for Organ Sharing System; and (2) The organs are being procured through the auspices of an organ procurement organization certified in this state. HISTORY: S. 7, ch. 91-271; s. 33, ch. 2003-1. Editor’s notes. Formerly s. 381.6026: transferred by s. 33, ch. 2003-1, effective July 1, 2003.

« Title XLIV. », • Ch. 765. •, « Pt. V. •, « § 765.547. • Fla. Stat. § 765.547

§ 765.547. Cooperation between medical examiner and procurement organization. (1) A medical examiner and procurement organization shall cooperate with each other in order to maximize opportunities to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. (2) The Florida Medical Examiners Commission shall adopt rules establishing cooperative responsibilities between medical examiners and procurement organizations to facilitate and expedite completion of the medical examiner’s responsibilities under chapter 406 in a manner that will maximize opportunities to recover anatomical gifts. (3) This part does not supersede any part of chapter 406 relating to medical examiners and the disposition of dead bodies. HISTORY: S. 18, ch. 2009-218, eff. July 1, 2009.

« Title XLVI. • Fla. Stat. Title XLVI

TITLE XLVI. CRIMES. ________ « Title XLVI. •, • Ch. 825. » Fla. Stat. Title XLVI, Ch. 825

CHAPTER 825. ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS. « Title XLVI. •, • Ch. 825. », • § 825.1035. • Fla. Stat. § 825.1035

§ 825.1035. Injunction for protection against exploitation of a vulnerable adult. (1) Injunction created. — There is created a cause of action for an injunction for protection against exploitation of a vulnerable adult. (2) Who may file; venue; recording. — (a) The cause of action may be sought in an adversary proceeding by: 1. A vulnerable adult in imminent danger of being exploited; 2. The guardian of a vulnerable adult in imminent danger of being exploited; 3. A person or organization acting on behalf of the vulnerable adult with the consent of the vulnerable adult or his or her guardian; 4. An agent under a valid durable power of attorney with the authority specifically granted in the power of attorney; or 5. A person who simultaneously files a petition for determination of incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult. (b) A sworn petition for an injunction for protection against exploitation of a vulnerable adult may be filed regardless of whether any other cause of action is currently pending between either the petitioner and the respondent or the vulnerable adult and the respondent. However, the pendency of any such cause of action must be noted in the petition. (c) A person temporarily or permanently vacating a residence or household in an attempt to avoid exploitation does not affect his or her right to petition for an injunction.

(d) Parties to an injunction for protection against exploitation of a vulnerable adult may not be required to be represented by an attorney. (e) There is no minimum requirement of residency to petition for an injunction for protection against exploitation of a vulnerable adult. It is not required as a prerequisite of filing a petition for or issuance of an injunction under this section for exploitation to have already occurred. (f) If a proceeding concerning the vulnerable adult under chapter 744 is pending at the time of the filing, the petition must be filed in that proceeding. Otherwise, a petition for an injunction for protection against exploitation of a vulnerable adult may only be filed in the circuit where the vulnerable adult resides. (g) All proceedings conducted pursuant to this subsection must be recorded. Recording may be by electronic means as provided by court rule. (3) Form of petition. (a) A sworn petition filed under this section must allege the existence of exploitation, or the imminent exploitation, of the vulnerable adult and must include the specific facts and circumstances for which relief is sought. The sworn petition must be in substantially the following form:

PETITION FOR INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT Before me, the undersigned authority, personally appeared Petitioner ........................(Name), who has been sworn and says that the following statements are true: 1. __________________The petitioner’s name is: 2. ___________The petitioner’s address is: 3.___________The petitioner’s relationship to the vulnerable adult is: 4. ___________How long has the petitioner known the vulnerable adult:

5. __________________The vulnerable adult’s name is: 6.___________Aliases of the vulnerable adult are: 7. ___________The vulnerable adult’s date of birth is: 8. The vulnerable adult’s address is 9.Does the vulnerable adult have one or more impairments that impact his or her ability to perform normal activities of daily living or to provide for his or her own care or protection? If so, what are this person’s impairments? (check all that apply) ............Long-term physical disability ............Sensory disability (e.g., hearing or vision impaired) ............Cognitive disability ............Mental or emotional disability ............Developmental disability ............Infirmity of aging ............Other (explain) 10. The respondent’s last known address is 11.The respondent’s last known place of employment is: ............(name of business and address) 12. ............Physical description of the respondent: ............Race ............Sex ............Date of birth

............Height ............Weight ............Eye color ............Hair color ............Distinguishing marks or scars 13. ............Aliases of the respondent: 14. The respondent is associated with the vulnerable adult as follows: 15.The following describes any other cause of action currently pending between the petitioner and the respondent, any proceeding under chapter 744 concerning the vulnerable adult, and any previous or pending attempts by the petitioner to obtain an injunction for protection against exploitation of the vulnerable adult in this or any other circuit; related case numbers, if available; ............and the results of any such attempts: 16.The following describes the petitioner’s knowledge of any reports made to a government agency, including, but not limited to, the Department of Elderly Affairs, the Department of Children and Families, and the adult protective services program relating to the abuse, neglect, or exploitation of the vulnerable adult; any investigations performed by a government agency relating to abuse, neglect, or exploitation of the vulnerable adult; ............and the results of any such reports or investigations: 17.The petitioner knows the vulnerable adult is either a victim of exploitation or the petitioner has reasonable cause to believe the vulnerable adult is, or is in imminent danger of becoming, a victim of exploitation because the respondent has: .................. (describe in the spaces below the incidents or threats of

exploitation) 18. ............The following describes the petitioner’s knowledge of the vulnerable adult’s dependence on the respondent for care; alternative provisions for the vulnerable adult’s care in the absence of the respondent, if necessary; available resources the vulnerable adult has to access such alternative provisions; and the vulnerable adult’s willingness to use such alternative provisions: 19.The petitioner knows the vulnerable adult maintains assets, accounts, or lines of credit at the following financial institution(s): ..................(list name, address, and account number of each) 20.The petitioner believes that the vulnerable adult’s assets to be frozen are: ............(mark one) ............ Worth less than $1500; ............ Worth between $1500 and $5000; or ............Worth more than $5000. 21.The petitioner genuinely fears imminent exploitation of the vulnerable adult by the respondent. 22.The petitioner seeks an injunction for the protection of the vulnerable adult, including: ............(mark appropriate section or sections) Prohibiting the respondent from having any direct or indirect contact with the vulnerable adult.

............Immediately restraining the respondent from committing any acts of exploitation against the vulnerable adult. ............Freezing the assets of the vulnerable adult held at

..................(name and address of depository or financial institution) even if titled jointly with the respondent, or in the respondent’s name only, in the court’s discretion. ............Freezing the credit lines of the vulnerable adult at ..................(name and address of financial institution) even if jointly with the respondent, in the court’s discretion. ............Providing any terms the court deems necessary for the protection of the vulnerable adult or his or her assets, including any injunctions or directives to law enforcement agencies. 23.Should the court enter an injunction freezing assets and credit lines, the petitioner believes that the critical expenses of the vulnerable adult will be paid for or provided by the following persons or entities, or the petitioner requests that the following expenses be paid notwithstanding the freeze: ..................(for each expense, list the name of the payee, address, account number if known, amount, and a brief explanation of why payment is critical) PETITION FOR INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT Before me, the undersigned authority, personally appeared Petitioner (Name) who has been sworn and says that the following statements are true: 1. The vulnerable adult resides at: (address). 2. The respondent resides at: (last known address). 3. The respondent’s last known place of employment is: (name of business and address). 4. Physical description of the respondent: _______ Race _______ Sex _______

Date of birth _______ Height _______ Weight _______ Eye color _______ Hair color _______ Distinguishing marks or scars _______ 5. Aliases of the respondent: _______ 6. The respondent is associated with the vulnerable adult as follows: _______ 7. The following describes any other cause of action currently pending between the petitioner and the respondent, any proceeding under chapter 744 concerning the vulnerable adult, and any previous or pending attempts by the petitioner to obtain an injunction for protection against exploitation of the vulnerable adult in this or any other circuit; related case numbers, if available; and the results of any such attempts:

_________________________________________________________________________ 8. The following describes the petitioner’s knowledge of any reports made to a government agency, including, but not limited to, the Department of Elderly Affairs, the Department of Children and Families, and the adult protective services program relating to the abuse, neglect, or exploitation of the vulnerable adult; any investigations performed by a government agency relating to abuse, neglect, or exploitation of the vulnerable adult; and the results of any such reports or investigations: _______ 9. The petitioner knows the vulnerable adult is either a victim of exploitation or the petitioner has reasonable cause to believe the vulnerable adult is, or is in imminent danger of becoming, a victim of exploitation because the respondent has: (describe in the spaces below the incidents or threats of exploitation). 10. The following describes the petitioner’s knowledge of the vulnerable adult’s dependence on the respondent for care; alternative provisions for the vulnerable adult’s care in the absence of the respondent, if necessary; available resources the vulnerable adult has to access such alternative provisions; and the vulnerable adult’s willingness to use such alternative

provisions: 11. The petitioner knows the vulnerable adult maintains assets, accounts, or lines of credit at the following financial institution(s): (list name, address, and account number of each). 12. The petitioner believes that the vulnerable adult’s assets to be frozen are: (mark one). _______ Worth less than $1500; _______ Worth between $1500 and $5000; or _______ Worth more than $5000. 13. The petitioner genuinely fears imminent exploitation of the vulnerable adult by the respondent. 14. The petitioner seeks an injunction for the protection of the vulnerable adult, including: (mark appropriate section or sections). _______ Prohibiting the respondent from having any direct or indirect contact with the vulnerable adult. _______ Immediately restraining the respondent from committing any acts of exploitation against the vulnerable adult. _______ Freezing the assets of the vulnerable adult held at (name and address of depository or financial institution) even if titled jointly with the respondent, or in the respondent’s name only, in the court’s discretion. _______ Freezing the credit lines of the vulnerable adult at (name and address of financial institution) even if jointly with the respondent, in the court’s discretion. _______ Providing any terms the court deems necessary for the protection of the vulnerable adult or his or her assets, including any injunctions or directives to law enforcement agencies. 15. Should the court enter an injunction freezing assets and credit lines, the petitioner believes that the critical expenses of the vulnerable adult will be paid for or provided by the following persons or entities, or the petitioner requests that the following expenses be paid notwithstanding the freeze: (for each expense, list the name of the payee, address, account number if known,

amount, and a brief explanation of why payment is critical). (b) Each petition for an injunction for protection against exploitation of a vulnerable adult must contain, directly above the signature line, a statement in all capital letters and bold type not smaller than the surrounding text, as follows: I ACKNOWLEDGE THAT PURSUANT TO SECTION 415.1034, FLORIDA STATUTES, ANY PERSON WHO KNOWS, OR HAS REASONABLE CAUSE TO SUSPECT, THAT A VULNERABLE ADULT HAS BEEN OR IS BEING ABUSED, NEGLECTED, OR EXPLOITED HAS A DUTY TO IMMEDIATELY REPORT SUCH KNOWLEDGE OR SUSPICION TO THE CENTRAL ABUSE HOTLINE. I HAVE REPORTED THE ALLEGATIONS IN THIS PETITION TO THE CENTRAL ABUSE HOTLINE. I HAVE READ EACH STATEMENT MADE IN THIS PETITION AND EACH SUCH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. (c) Upon the filing of the petition, the court shall schedule a hearing on the petition on the earliest possible date. (4) Clerk’s duties, responsibilities, and charges. (a) The clerk of the circuit court shall assist the petitioner in filing an injunction for protection against exploitation of a vulnerable adult and any petition alleging a violation thereof. (b) The clerk of the circuit court shall provide simplified petition forms for the injunction for protection against exploitation of a vulnerable adult, and any modifications thereto, and for the enforcement thereof, and instructions for completion of such forms. (c) The clerk of the circuit court shall, to the extent practicable, ensure the petitioner’s privacy while completing such forms. (d) The clerk of the circuit court shall provide the petitioner with two certified copies of the petition for an injunction without charge, and shall

inform the petitioner of the steps necessary for service of process and enforcement. (e) If an injunction is entered, the clerk of the circuit court shall provide, without charge, the petitioner with certified copies of an order of injunction that may be served upon any person holding property, upon any financial institution holding property or accounts, or upon any financial institution with an open line of credit that is subject to the freeze, and shall inform the petitioner of the service of process and enforcement. (f) The clerk of the circuit court and appropriate staff in each county shall receive training in the effective assistance of petitioners as provided or approved by the Florida Association of Court Clerks. (g) The clerk of the circuit court in each county shall produce an informational brochure and provide it to the petitioner at the time of filing for an injunction for protection against exploitation of a vulnerable adult. The brochure must include information about the exploitation of vulnerable adults and the effect of providing false information to the court. The clerk of the circuit court in each county shall also make available informational brochures on the exploitation of vulnerable adults to local senior centers, local aging and disability resource centers, or appropriate state or federal agencies. (h) The clerk of the circuit court shall provide a copy of all petitions filed pursuant to this section and all orders entered on such petitions to the adult protective services program. Within 72 hours after receipt of such orders or petitions, the adult protective services program shall submit to the court overseeing proceedings on the petition the results of any relevant investigations relating to the vulnerable adult. (i) Notwithstanding any other provision of law, the clerk of the circuit court may not assess an initial filing fee or service charge for petitions filed under this section. However, subject to legislative appropriation, the clerk of the circuit court may, on a quarterly basis, submit a certified request for reimbursement to the Office of the State Courts Administrator for the processing of such petitions, at the rate of $40 per petition. The request for reimbursement must be submitted in the form and manner prescribed by the office. From each reimbursement received, the clerk of the circuit court shall pay any law enforcement agency serving the injunction for protection against

exploitation of a vulnerable adult the fee requested by the law enforcement agency, to not exceed $20. (5) Temporary injunction; service; hearing. (a)1. The court may grant a temporary injunction ex parte, pending a full hearing, and may grant such relief as the court deems proper if the court finds that: a. An immediate and present danger of exploitation of the vulnerable adult exists. b. There is a likelihood of irreparable harm and nonavailability of an adequate remedy at law. c. There is a substantial likelihood of success on the merits. d. The threatened injury to the vulnerable adult outweighs possible harm to the respondent. e. Granting a temporary injunction will not disserve the public interest. f. Such injunction provides for the vulnerable adult’s physical or financial safety. 2. Such relief the court deems proper may include, but is not limited to, injunctions doing any of the following: a. Restraining the respondent from committing any acts of exploitation against the vulnerable adult. b. Awarding to the vulnerable adult the temporary exclusive use and possession of the dwelling that the vulnerable adult and the respondent share, or barring the respondent from the residence of the vulnerable adult. The court shall confirm the availability of any required services or alternative caregivers that may be necessary to ensure the vulnerable adult’s safety. c. Freezing any assets of the vulnerable adult in any depository or financial institution whether titled solely in the vulnerable adult’s name, solely in the respondent’s name, jointly with the respondent, in guardianship, in trust, or in a Totten trust, provided that: (I) Assets held by a guardian for the vulnerable adult may be frozen only by an order entered by the court overseeing the guardianship

proceeding. (II) Assets held by a trust may be frozen only by an order of the court if all the trustees of the trust are served with process and are given reasonable notice before any hearing on the petition. (III) Assets held solely in the name of the respondent may only be frozen on an ex parte basis if the petition and affidavit demonstrate to the court probable cause that such assets are traceable to the unlawful exploitation of the vulnerable adult, that such assets are likely to be returned to the vulnerable adult after a final evidentiary hearing, and that no other adequate remedy at law is reasonably available. d. Freezing any line of credit of the vulnerable adult at any depository or financial institution whether listed solely in the vulnerable adult’s name or jointly with the respondent. (I) Lines of credit held by a guardian for the vulnerable adult may be frozen only by an order entered by the court overseeing the guardianship proceeding. (II) Lines of credit held by a trust may be frozen only by an order of the court if all the trustees of the trust are served with process and are given reasonable notice before any hearing on the petition. e. Prohibiting the respondent from having direct or indirect contact with the vulnerable adult. f. Providing directives to law enforcement agencies. g. If the court has ordered an asset and credit freeze, ordering that specified living expenses of the vulnerable adult continue to be paid. h. Ordering any financial institution holding assets of the vulnerable adult to pay the clerk of the circuit court from unencumbered assets of the vulnerable adult, if any, a fee of $75 if the assets of the petitioner are between $1,500 and $5,000 or a fee of $200 if the assets are in excess of $5,000. The court may rely on the estimate of the value of the assets in the petition when assessing the fee. The fee shall be taxed as costs against the respondent if the court enters an injunction. (b) Except as provided in s. 90.204, in a hearing ex parte for the purpose of obtaining an ex parte temporary injunction, only verified pleadings or

affidavits may be used as evidence unless the respondent appears at the hearing or has received reasonable notice of the hearing. A petition under this section shall be considered a family case for purposes of s. 90.204(4)(4). (c) A denial of a petition for an ex parte injunction must be by written order and must note the legal grounds for denial. When the only ground for denial is failure to demonstrate appearance of an immediate and present danger of exploitation of a vulnerable adult, the court must set a full hearing on the petition for injunction at the earliest possible date. Nothing in this paragraph affects a petitioner’s right to promptly amend any petition consistent with court rules. (d) An ex parte temporary injunction may be effective for a fixed period not to exceed 15 days unless good cause is shown to extend the injunction. The ex parte temporary injunction may be extended one time for up to an additional 30 days. A full hearing, as provided by this section, must be set for a date no later than the date when the ex parte temporary injunction ceases to be effective. (6) Reasonable cause. In determining whether a petitioner has reasonable cause to believe that the vulnerable adult is, or is in imminent danger of becoming, a victim of exploitation, the court shall consider and evaluate all relevant factors, including, but not limited to, any of the following: (a) The existence of a verifiable order of protection issued previously or from another jurisdiction. (b) Any history of exploitation by the respondent upon the vulnerable adult in the petition or any other vulnerable adult. (c) Any history of the vulnerable adult being previously exploited or unduly influenced. (d) The capacity of the vulnerable adult to make decisions related to his or her finances and property. (e) Susceptibility of the vulnerable adult to undue influence. (f) Any criminal history of the respondent or previous probable cause findings by the adult protective services program, if known. (7) Notice of petition and injunction. —

(a) The respondent shall be personally served, pursuant to chapter 48, with a copy of the petition, notice of hearing, and temporary injunction, if any, before the final hearing. (b) If the petitioner is acting in a representative capacity, the vulnerable adult shall also be served with a copy of the petition, notice of hearing, and temporary injunction, if any, before the final hearing. (c) If any assets or lines of credit are ordered to be frozen, the depository or financial institution must be served as provided in s. 655.0201. (8) Final hearing on petition. (a)1. The court may grant such relief as the court deems proper when, upon notice and hearing, it appears to the court that: a. The vulnerable adult is the victim of exploitation or that the vulnerable adult is in imminent danger of becoming a victim of exploitation. b. There is a likelihood of irreparable harm and nonavailability of an adequate remedy at law. c. The threatened injury to the vulnerable adult outweighs possible harm to the respondent. d. Where the injunction freezes assets of the respondent, the court finds probable cause that exploitation has occurred, the freeze only affects the proceeds of such exploitation, and there is a substantial likelihood that such assets will be ordered to be returned to the vulnerable adult. e. The relief provides for the vulnerable adult’s physical or financial safety. 2. Such relief may include, but need not be limited to, injunctions doing any of the following: a. Continuing the temporary injunction in part or in whole. b. Restraining the respondent from committing any acts of exploitation. c. Awarding to the vulnerable adult the exclusive use and possession of the dwelling that the vulnerable adult and the respondent share or excluding the respondent from the residence of the vulnerable adult. The court shall confirm the availability of any required services or alternative caregivers that may be necessary to ensure the vulnerable adult’s safety.

d. Ordering the respondent to participate in treatment, intervention, or counseling services to be paid for by the respondent. e. Directing that assets under temporary freeze by injunction be returned to the vulnerable adult, or directing that those assets remain frozen until ownership can be determined; and directing that the temporary freeze on any line of credit be lifted. f. Where the court has found that the respondent has engaged in exploitation of the vulnerable adult, entering a final cost judgment against the respondent and in favor of the petitioner for all taxable costs, and entering a final cost judgment against the respondent and in favor of the clerk of the circuit court for all the clerk’s filing fees and service charges that were waived by operation of this section. g. Ordering such other relief as the court deems necessary for the protection of a victim of exploitation, including injunctions or directives to law enforcement agencies, as provided in this section. (b) The court must allow an advocate from a state attorney’s office, a law enforcement agency, or the adult protective services program to be present with the petitioner or the respondent during any court proceedings or hearings related to the injunction, provided the petitioner or the respondent has made such a request and the advocate is able to be present. (c) The terms of an injunction restraining the respondent as provided in paragraph (a) remain in effect until the injunction is modified or dissolved. (9) Provisions required in any temporary or permanent injunction. A temporary or final judgment on an injunction must, on its face, indicate: (a) That the injunction is valid and enforceable in all counties of this state. (b) That law enforcement officers may use their arrest powers under s. 901.15(6) to enforce the terms of the injunction. (c) That the court had jurisdiction over the parties and subject matter under state law and that reasonable notice and opportunity to be heard were given to the person against whom the order was sought, in a manner that was sufficient to protect that person’s right to due process. (d) If any assets or lines of credit are ordered to be frozen, the date that the depository or financial institution was served with the injunction as provided

in s. 655.0201. (e) The date the respondent was served with the petition for injunction. (10) Transmittal to sheriff; service. (a)1.a. The clerk of the circuit court shall furnish a copy of the petition, the financial affidavit, the notice of hearing, and any temporary injunction to the sheriff or a law enforcement agency of the county in which the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night. At the request of the sheriff, the clerk of the circuit court may transmit a facsimile copy of an injunction that has been certified by the clerk of the circuit court pursuant to subparagraph 4., and this facsimile copy may be served in the same manner as a certified copy. The clerk of the circuit court shall also furnish to the sheriff such information on the respondent’s physical description and location as is required by the Department of Law Enforcement to comply with the verification procedures set forth in sub-subparagraph b. b. Upon receiving a facsimile copy, the sheriff must verify receipt with the clerk of the circuit court before attempting to serve it upon the respondent. If the sheriff is in possession of an injunction that has been certified by the clerk of the circuit court, the sheriff may transmit a facsimile copy of that injunction to a law enforcement officer who shall serve it in the same manner as a certified copy. c. Notwithstanding any other provision of law, the chief judge of each judicial circuit, in consultation with the appropriate sheriff, may authorize a law enforcement agency within the jurisdiction to effect service. A law enforcement agency performing service pursuant to this section shall use service and verification procedures consistent with those of the sheriff. 2.a. Except where the vulnerable adult is the petitioner, the clerk of the circuit court shall furnish a copy of the petition, the financial affidavit, the notice of hearing, and any temporary injunction to the sheriff or a law enforcement agency of the county in which the vulnerable adult resides or can be found, who shall serve it upon the vulnerable adult as soon thereafter as possible on any day of the week and at any time of the day or

night. At the request of the sheriff, the clerk of the circuit court may transmit a facsimile copy of an injunction that has been certified by the clerk of the circuit court pursuant to subparagraph 4., and this facsimile copy may be served in the same manner as a certified copy. The clerk of the circuit court shall also furnish to the sheriff such information on the vulnerable adult’s physical description and location as is required by the Department of Law Enforcement to comply with the verification procedures set forth in sub-subparagraph b. b. Upon receiving a facsimile copy, the sheriff must verify receipt with the clerk of the circuit court before attempting to serve it upon the vulnerable adult. If the sheriff is in possession of an injunction that has been certified by the clerk of the circuit court, the sheriff may transmit a facsimile copy of that injunction to a law enforcement officer, who shall serve it in the same manner as a certified copy. c. Notwithstanding any other provision of law, the chief judge of each judicial circuit, in consultation with the appropriate sheriff, may authorize a law enforcement agency within the jurisdiction of the circuit to effect service. A law enforcement agency performing service pursuant to this section shall use service and verification procedures consistent with those of the sheriff. 3. When an injunction for protection against exploitation of a vulnerable adult is issued, if the petitioner requests that a law enforcement agency assist the vulnerable adult, the court may order that an officer from the appropriate law enforcement agency accompany the vulnerable adult and assist in the service or execution of the injunction, including returning possession of a dwelling or residence to the vulnerable adult. A law enforcement officer shall accept a copy of an injunction, certified by the clerk of the circuit court pursuant to subparagraph 4., from the petitioner and immediately serve it upon a respondent who has been located but not yet served. The law enforcement agency must also serve any injunction freezing assets on a financial institution where assets subject to dissipation are held, or where a credit line may be exploited. Service upon the depository or financial institution must be served as provided in s. 655.0201. 4. The clerk of the circuit court shall certify a copy of all orders issued, changed, continued, extended, or vacated subsequent to the original service of the original petition, notice of hearing, or temporary injunction and deliver

the certified copy to the parties at the time of the entry of the order. The parties may acknowledge receipt of a certified order in writing on the face of the original order. If a party fails or refuses to acknowledge the receipt of a certified copy of an order, the clerk of the circuit court must note on the original petition that service was effected. If delivery at the hearing during which an order is issued is not possible, the clerk of the circuit court shall mail certified copies of the order to the parties at their respective last known mailing addresses; except that service upon a depository or financial institution must be served as provided in s. 655.0201. Service by mail is complete upon mailing. When an order is served pursuant to this subparagraph, the clerk of the circuit court shall notify the sheriff of the service and prepare a written certification to be placed in the court file specifying the time, date, and method of service. 5. If the respondent has been previously served with the temporary injunction and has failed to appear at the initial hearing on the temporary injunction, any subsequent petition for an injunction seeking an extension of time may be served on the respondent by the clerk of the court by certified mail in lieu of personal service by a law enforcement officer. (b)1. Within 24 hours after the court issues an injunction for protection against exploitation of a vulnerable adult or changes, continues, extends, or vacates such an injunction, the clerk of the circuit court must forward a certified copy of the order to the sheriff with jurisdiction over the residence of the petitioner for service in accordance with this subsection. 2. Within 24 hours after service of an injunction for protection against exploitation of a vulnerable adult upon a respondent, the law enforcement officer who served the injunction must forward the written proof of service to the sheriff with jurisdiction over the residence of the petitioner. 3. Within 24 hours after the sheriff receives a certified copy of the injunction for protection against exploitation of a vulnerable adult, the sheriff must make information related to the injunction available to this state’s law enforcement agencies by electronically transmitting such information to the Department of Law Enforcement. 4. Within 24 hours after the sheriff or other law enforcement officer has made service upon the respondent and the sheriff has been so notified, the sheriff must make information relating to the service available to other law

enforcement agencies by electronically transmitting such information to the Department of Law Enforcement. 5. Within 24 hours after an injunction for protection against exploitation of a vulnerable adult is terminated or otherwise rendered no longer effective by ruling of the court, the clerk of the circuit court must notify the sheriff receiving original notification of the injunction as provided in subparagraph 1. The sheriff shall, within 24 hours after receiving such notification from the clerk of the circuit court, notify the Department of Law Enforcement of such court action. (11) Enforcement. (a) As to the respondent, the court may enforce a violation of an injunction for protection against exploitation of a vulnerable adult through a civil or criminal contempt proceeding, and the state attorney may prosecute it as a criminal violation under s. 825.1036. Any assessment or fine ordered by the court enforcing such injunction shall be collected by the clerk of the circuit court and transferred on a monthly basis to the Department of Revenue for deposit in the Domestic Violence Trust Fund. (b) If the respondent is arrested by a law enforcement officer under s. 901.15(6) or for a violation of s. 825.1036, the respondent must be held in custody until he or she is brought before the court, which must occur as expeditiously as possible, for the purpose of enforcing the injunction for protection against exploitation of a vulnerable adult and for admittance to bail in accordance with chapter 903 and the applicable rules of criminal procedure, pending a hearing. (12) Judgment for damages. Actual damages may be assessed against the petitioner in a proceeding under this section if the court finds that the petition lacks substantial fact or legal support. (13) Modification or dissolution of injunction. The petitioner, respondent, or vulnerable adult may move at any time to modify or dissolve the injunction in part or in whole. No specific allegations are required for modification or dissolution of the injunction, which may be granted in addition to other civil or criminal penalties. The court shall promptly hear a motion to modify or dissolve an injunction. (14) Limitation. Nothing in this section may affect title to real property.

History. S. 2, ch. 2018-100, effective July 1, 2018; s. 8, ch. 2021-221, effective July 1, 2021.

CONSTITUTION OF THE STATE OF FLORIDA AS REVISED IN 1968 AND SUBSEQUENTLY AMENDED. ________ « Title XLVI. •, • Art. X. • Fla. Const. Art. X

ARTICLE X. MISCELLANEOUS. « Title XLVI. •, • Art. X. •, • § 4. • Fla. Const. Art. X, § 4

Section 4. Homestead; exemptions. (a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by a natural person: (1) a homestead, if located outside a municipality, to the extent of one hundred sixty acres of contiguous land and improvements thereon, which shall not be reduced without the owner’s consent by reason of subsequent inclusion in a municipality; or if located within a municipality, to the extent of one-half acre of contiguous land, upon which the exemption shall be limited to the residence of the owner or the owner’s family; (2) personal property to the value of one thousand dollars. (b) These exemptions shall inure to the surviving spouse or heirs of the owner. (c) The homestead shall not be subject to devise if the owner is survived by spouse or minor child, except the homestead may be devised to the owner’s spouse if there be no minor child. The owner of homestead real estate, joined

by the spouse if married, may alienate the homestead by mortgage, sale or gift and, if married, may by deed transfer the title to an estate by the entirety with the spouse. If the owner or spouse is incompetent, the method of alienation or encumbrance shall be as provided by law. HISTORY: Am. H.J.R. 4324, 1972; adopted 1972; Am. H.J.R. 40, 1983; adopted 1984; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

INDEX TO FLORIDA PROBATE RULES AND STATUTES ________

A ABANDONED PROPERTY. Escheat. See ESCHEAT. Unclaimed property. See UNCLAIMED PROPERTY. ABATEMENT, 733.805. ACCESSIONS, 732.605. ACCOUNTING. Business, continuance of ward’s, 5.640(d). Contents of, 5.346. Curator, by, 5.122(e), 5.345. Disclosure of amount of attorneys’ fees, 5.400(b)(4). Execution. By guardian, 5.610(d). By personal representative, 5.330(b). Failure to file, 5.150(a), 5.440(d). Fees to attorneys, disclosure of amount of, 5.400(b)(4). Fiduciary Accounting Principles, Uniform, 5.346–Appendix B. Final, 5.346. Filing of, 5.345, 5.400(a), 5.400(c), 5.440(b), 5.670(c), 5.680(c), 744.521, 744.524. Objections to, 5.345(b)–(e), 5.400(b)(6)–(b)(7), 5.400(d), 5.401, 5.670(f)– (h), 5.680(f)–(g), 5.700. Service, 5.345(b), 5.400(c), 5.680(e).

Time for, 5.400(c). Verification of, 5.346(d). Waiver of, 5.180, 731.302. Forms, 5.346–Appendix A, 5.346(c). Guardian. See GUARDIAN. Interim. Approval of, 5.345(e). Contents of, 5.346. Election by personal representative, 5.345(a). Fiscal year, selection of, 5.345(a)(1). Notice of filing of, 5.345(b). Objections to, 5.345(b)–(e). Substantiating documents, 5.345(f). Supplemental accounting, 5.345(g). Order requiring, 5.150, 744.3685. Personal representative, 5.345. Form, 5.346–Appendix A. Removal, upon. Guardian, 5.660(b), 5.660(d), 744.511. Personal representative, 5.345, 5.440(b), 733.508(1). Resignation, upon. Guardian, 744.467. Personal representative, 5.345, 5.430(g), 733.5036(1). Restoration of rights of developmentally disabled person, filing of final accounting, 5.681(f). Service of order on personal representative or guardian and attorney, 5.150(c), 744.3685. Standards for, 5.346(b). Supplemental, 5.345(g).

Time for, 5.150(a), 5.345(a), 5.440(b), 5.695(a)(2), 744.367(1). Trust. See TRUST. Trustee, by. See TRUSTEE. Uniform Fiduciary Accounting Principles, 5.346–Appendix B. Verification of, 5.345(h), 5.346(d). ACKNOWLEDGMENT. Deed, of. See REAL PROPERTY. Will, of, 732.502(1)(b), 732.503. ADEMPTION, 732.605, 732.606, 732.609. ADMINISTRATION. Ancillary. See ANCILLARY ADMINISTRATION. Bond by personal representative, 5.235(a)(2), 5.235(c), 733.402, 733.403. Curator, by. See CURATOR. Disposition of personal property without, 5.420, 735.301, 735.302. Intestate property in small estates, 735.304. Payment to successor without court proceedings, 735.303. Evidence of death, filing of, 5.205(a), 731.103. Expenses of. See EXPENSES. Information about, generally, 5.341. Letters, issuance of, 5.235(b). Notice of. Contents, 5.240(b), 733.212(2). Objections, 5.240(b)(3), 5.240(d), 733.212(2)–(3), 733.2123.

Service, 733.212(1)–(8). By personal representative, 5.240(a). On personal representative, date notices considered served, 5.2405. Waiver of service, 5.240(e). Waiver, 733.212(8). Petition for. Generally, 5.200, 733.202. Notice, 5.201, 733.2123. Probate of will without, 5.210. Revocation of order of discharge, 5.460(c), 733.903. Subsequent to final settlement and discharge, 5.460, 733.903. Succession of, 733.307. Summary. See SUMMARY ADMINISTRATION. ADMINISTRATOR AD LITEM. Appointment of, 5.120(a), 5.120(g), 733.308. Enforcement of judgments, 5.120(f). Oath, 5.120(a). Objector to claim against estate, 733.705(3). Recovery of judgments or other relief, 5.120(f). Service of petition and order, 5.120(e). ADOPTED PERSONS. Intestate succession by or from, 732.108. Trust. Subsequent adoption, effect on revocable trust, 736.1105. ADULT ABUSE. Disabilities, persons with. Abuse, neglect, exploitation or aggravated manslaughter of elderly person or disabled adult.

Forfeiture of beneficiary interest, 732.8031. Elderly persons. Abuse, neglect, exploitation or aggravated manslaughter of elderly person or disabled adult. Forfeiture of beneficiary interest, 732.8031. Injunctions. Elderly and disabled adult abuse. Adversary proceedings, 5.025(a), 825.1035. ADVANCE DIRECTIVES, HEALTH CARE. See HEALTH CARE ADVANCE DIRECTIVES. ADVANCEMENTS, 733.806. ADVERSARY PROCEEDINGS. Caption of pleadings, 5.025(d)(5). Declared adversary proceedings. Notice required, 5.025(b)(3). Service. Petitioner, by, 5.025(b)(1). Respondent, by, 5.025(b)(2). Defined, 5.025(a). Delay, evidence of, 5.025(d)(3). Notice required, 5.025(b)(3), 5.025(d)(1). Order, 5.025(c)–(d). Rules of Civil Procedure to govern, 5.025(d)(2). Specific proceedings designated as, 5.025(a). AFFIRMATIONS. See OATH. AFTERBORN BENEFICIARIES, 732.106, 732.302, 732.507(1). AGENCY FOR HEALTH CARE ADMINISTRATION. Creditor status of, 5.241(a), 5.241(e), 409.910, 409.9101, 733.2121(3)(d).

Notice of names of decedents to agency by circuit judges, 198.30. AGENT, RESIDENT. See RESIDENT AGENT. AGENTS. Elective share, election by agent or guardian of property, 5.360(a)–(b). AGREEMENTS. Private, 733.815. Succession, concerning, 732.701. ALIENS. Estate tax on decedents, 198.04. Rights of inheritance, 732.1101. ANATOMICAL GIFTS. Amendment of terms of, 765.516. Certification of organizations engaged in procurement of organs and tissues, 765.541, 765.542, 765.544. Confidentiality of donor registry information, 765.51551. Cooperation between medical examiners and procurement organizations, 765.547. Coordinators of procurement organizations, supervision of, 765.545. Corneal removal, 765.5185–735.519. Definitions, 765.511. Discrimination in access to anatomical gifts and organ transplants, 765.523. Donees. Duties of, 765.517. Permissible, 765.513. Rights of, 765.517. Donor registry, 765.5155. Driver license, notation of gift on, 765.514(1)(c), 765.521.

Education program relating to, 765.5155. Eye banks, 765.518, 765.522, 765.541, 765.542, 765.544. Fees from applicants and certificateholders, 765.544. Hospital administrators, duty of, 765.522. Identification card, notation of gift on, 765.514(1)(c), 765.521. Legislative declaration, 765.510. Organ and Tissue Donor Education and Procurement Trust Fund, 765.544. Organ and Tissue Procurement and Transplantation Advisory Board, 765.543. Out-of-state physicians, procurement of organs by, 765.546. Procedure to make, 765.514. Public records exemption, 765.51551. Purposes for, permissible, 765.513. Registry, donor, 765.5155. Revocation of, 765.516. Uniform donor card. Delivery of, 765.515. Form for, 765.514(1)(f). Who may make, 765.512. ANCILLARY ADMINISTRATION. Admission of will to probate, 734.102(3). Authenticated copy of will, 5.215, 5.470(a)–(c), 5.475(a). Bond by personal representative, 734.102(4). Commencement of, 734.102(2). Evidence of death, filing of, 5.205(a)(2). Notice of, 5.065(b)–(c), 5.470(b), 734.102(1). Notice to creditors, 734.102(5). Personal representative. Appointment of, 734.102(1).

Bond by, 734.102(4). Rights and duties of, 734.102(7). Petition for, 5.020(b), 5.470(a). Short form. Claims. Notification of, 5.475(e), 734.1025(2). Objections to, 5.475(f). Procedure, 5.475(c). Filing requirements, 5.475(a), 734.1025(1). Notice to creditors, 5.475(b), 734.1025(2). Order, 5.475(d). Transfer of property by court order, 734.102(6). Will, filing of copy of, 5.470(a)(1), 5.475(a)(1), 734.1025(1). ANIMAL, TRUST FOR CARE OF, 736.0408. ANNUAL ACCOUNTING. See ACCOUNTING. ANNUAL GUARDIANSHIP PLAN. See GUARDIAN. ANNUAL GUARDIANSHIP REPORT. See GUARDIAN. ANNUITY CONTRACTS, UNCLAIMED PROCEEDS, 717.107. ANTILAPSE. Devise, 732.603. Disposition by trust, 736.1106. APPEAL. Guardianship proceedings, 5.100, 744.109(2). Probate proceedings, 5.100. APPOINTMENT OF PROPERTY.

See POWER OF APPOINTMENT. APPORTIONMENT. Estate taxes, 733.817. Income and principal. See FLORIDA UNIFORM PRINCIPAL AND INCOME ACT. APPRAISAL. Guardianship proceedings, 744.381. Probate, 5.340(g), 733.604(3). APPRAISERS. Compensation, review of, 733.6175, 736.0206. County property, schedule of recorded conveyances furnished to, 695.22. Department of Revenue, appointment by, 198.07, 198.11. Employment by personal representative, 733.612(19). ARBITRATION OF DISPUTES INVOLVING WILLS OR TRUSTS, 731.401. ASSETS. Defined, 732.703(1)(a). Elective share payable from, 732.2035, 732.2045, 732.2075. Exhaustion of ward’s, 5.680. Inventory of. See INVENTORY. Nondomiciliaries, of, 731.106. Order of appropriation of, 733.805. Production of, 5.160, 744.373. Surrender of. Removed guardian, by, 5.660(c), 744.514. Removed personal representative, by, 733.509. Resigning personal representative, by, 733.5035. ASSIGNMENT OF DOWER, 5.365.

ATTORNEYS. Compensation of. Discovery, cost of, 5.080(b). Expert witnesses. Guardian and attorney fees, expert testimony as to reasonableness, 744.108(9). Guardianship proceedings, 744.107(4), 744.108, 744.331(7)(a), 744.1075(5). Power of attorney petitions, 709.2116(3). Probate proceedings, 5.355, 5.400(b), 732.2145(2)(b), 733.609, 733.612(19), 733.707, 733.3101, 733.6171, 733.6175. Generally, 733.106. Will reformation and modification, 733.1061. Summary administration proceedings, 735.206(4). Trust proceedings, 736.0206, 736.0802, 736.1004, 736.1005, 736.1007, 736.05053(4), 738.104(8)(c). Veteran’s guardianship, 744.369. Counsel for alleged incapacitated person, 744.102(1), 744.331(2), 744.362(2). Counsel for developmentally disabled person, 5.649(c), 5.681(b), 393.12(5), 393.12(12)(a). Counsel for guardian or personal representative, 5.030(a). Counsel for minor, 744.3021(3). Counsel for self, 5.030(a). Elective share proceedings. Award of attorneys’ fees and costs, 732.2151. Gifts to lawyers and other disqualified persons, 732.806. Limited appearance without court order, 5.030(b). Withdrawal, 5.030(c). Personal representative, service as. Compensation, restrictions, 733.617.

Trustee, service as. Compensation, restrictions, 736.0708. Withdrawal of. Court approval required, 5.030(c). Motion for, 5.030(c). AUDIT. Defined, 744.102(2). Guardian’s reports, fee for, 744.365(6), 744.3678(4). Public guardian, report by, 5.710(e). Verified inventory, 744.365(6), 744.368(3). AUTHENTICATION. Copy of will, 5.200(j), 5.210(a)(8), 5.215, 5.470(a)–(c), 5.475(a), 733.206(2). Defined, 731.201(1).

B BANK ACCOUNTS. Adverse claim to, 655.83, 717.1241, 717.12403. Business days, 655.89(1)(a), 655.89(5)–(8). Checks. Postdated, issuance of, 655.86. Settlement of, 655.85. Convenience accounts, 655.80. Credit balances, unclaimed, 655.851. Definitions, 655.89(1), 655.90(1), 655.91(1), 655.93, 655.769. Emergency closings of banks, 655.90. Holidays, banking, 655.89(1)(b), 655.89(2)–(5), 655.89(7)–(8). Minors, withdrawal of deposits by, 655.77. Out-of-state institutions, transactions by, 655.921. Pay-on-death accounts, 655.82. Records, retention and destruction of, 655.91. Safe-deposit box. See SAFE-DEPOSIT BOX. Statements of account, validity of, 655.84. Trust, deposits in, 655.825. Two or more names, deposits in. Vesting on death of one account holder, 655.79. Withdrawals, 655.78. Unauthorized banking business, 655.922. Unclaimed property. Credit balances, 655.851. Generally, 717.106, 717.12403. BANKRUPTCY EXEMPTIONS.

See EXEMPT PROPERTY. BENEFICIARY. Contracts, private, 733.815. Defined, 731.201(2), 732.703(1)(b), 736.0103(4), 738.102(2). Determination of, 5.025(a), 5.385, 733.105. Exclusion from status as interested person, 731.201(23). Income beneficiary defined, 738.102(5). Interests of the beneficiaries. Defined, 736.1003. BIRTH. Trust. Subsequent birth, effect on revocable trust, 736.1105. BOND. Amount of for estate fiduciaries, 733.403. Ancillary administration, 734.102(4). Conservator, 747.034. Curator, 733.402, 733.403, 733.501(2). Department of Revenue, bond for agents of, 198.07(2). Emergency temporary guardian, 744.3031(7). Foreign guardian, 5.645(e), 744.307(3). Generally, 733.402. Guardian, 744.351, 744.354, 744.357. Magistrate, 5.095(e). Partial distribution, bond required before entry of order of, 5.380(c), 733.802(3). Personal representative, 5.235(a)(2), 5.235(c), 733.402, 733.403. Premium allowable as expense of administration, 733.406, 744.641. Preneed guardian, 744.3045(7). Professional guardian, 744.2002(3)(b), 744.2003(2).

Public guardian, 744.351(5), 744.2102. Release of surety. Discharge of guardian, upon, 744.531. Final distribution of assets and discharge, upon, 5.400(e), 733.901(2). Petition, upon, 733.405. Removal of personal representative, upon, 733.506, 733.508(2). Resignation of personal representative, upon, 733.502, 733.5036(2). Removal of personal representative, 733.506, 733.508(2). Resignation of personal representative. Exoneration of surety, 733.502, 733.5036(2). Notice to surety, 5.430(c). Surety. See SURETY. Trustee, 736.0702, 736.0705(3). Veteran’s guardian, 744.619, 744.641. Waiver of, 733.402(4). Will. Electronic will or codicil. Qualified custodians, 732.525. BURDEN OF PROOF. Compensation of agent, reasonableness of, 5.355, 733.6175, 736.0206. Propriety of employment of agent, 5.355, 733.6175, 736.0206. Will contests, 5.275, 733.107. BUSINESS, CONTINUANCE OF. Guardian, by. Accounting, 5.640(d). Conduct of, 5.640(c)–(d). Discontinuance by court order, 5.640(e). Generally, 5.640(a), 744.441(m).

Order authorizing, 5.640(a)–(c). Petition for, 5.640(b). Reports, 5.640(d). Personal representative, by. Conduct of, 5.350(a), 5.350(d). Discontinuance by court order, 5.350(d). Generally, 733.612(22). Order authorizing, 5.350(c). Petition, 5.330, 5.350(b), 5.350(d). Records to court, 5.350(a).

C CAVEAT. Contents, 5.260(b), 731.110(2). Designation of resident agent for nonresident caveator, 5.260(c), 731.110(2). Filed after will admitted to probate, 5.260(d). Filing of, 5.260(a), 731.110(1). Other interested persons, 5.260(f). Petition for administration, formal notice not required, 5.260(f), 731.110. Service of notice on caveator or resident agent, 5.260(c), 5.260(f), 731.110(2)–(3). CERTIFICATE OF SERVICE, 5.496(b). CERTIFICATION OF TRUST, 736.1017. CHARITABLE TRUST. See TRUST. CHILDREN OR MINORS. Attorney for, 744.3021(3). Bank deposits, withdrawal of, 655.77. Defined, 710.102(11), 731.201(3), 731.201(25), 744.102(13). Disclaimer on behalf of. See DISCLAIMER. Family allowance for. See FAMILY ALLOWANCE. Guardian ad litem for, 5.636(d), 744.3025. Guardian for. Annual plan, 5.555(e)(2), 744.3675. Form of annual guardianship plan for minor, 5.904(b). Annual report, 5.555(e).

Appointment of, 5.555(c)–(d), 744.342, 744.387(3)(b), 744.3021, 744.3371(2). Initial guardianship report, 5.555(e). Initial plan, 5.555(e)(2). Form for initial guardianship plan for minor, 5.904(a). Natural, 744.301. Powers of, 744.361(1), 744.3021(1). Preneed, 744.3046. Settlement of claims, 5.636, 744.301(2)–(3), 744.387, 744.3025. Veteran’s, 744.613(2), 744.631(1), 744.643. Health care surrogate. Designation of surrogate for minor, 765.2035. Form, 765.2038. Illegitimate, inheritance rights of, 732.108(2), 732.608. Intestate succession, rights of. See INTESTATE SUCCESSION. Pretermitted, 732.302, 732.507(1). Safe-deposit box, leasing, 655.932. Transfers to. See FLORIDA UNIFORM TRANSFERS TO MINORS ACT. CHILD SUPPORT. Trust. Community property trust act. Right to support, 736.1509. CITATION OF RULES, 5.010. CIVIL ACTION. Notice of, 5.065(a), 5.065(c). Rules of evidence in, applicability of, 5.170, 731.103, 731.1035. CIVIL PROCEDURE, RULES OF.

See RULES OF CIVIL PROCEDURE. CLAIMS. Amending, 5.490(d), 733.704. Ancillary administration, 734.102(5)–(7). Ancillary administration, short form, 5.475(c), 5.475(e), 5.475(f), 734.1025(2). Community property, 732.224. Compromise of, 5.330(e), 733.708. Defined, 731.201(4). Exempt property. See EXEMPT PROPERTY. Extension of time for filing, 733.702. Failure to deliver or receive, effect of, 5.490(c). Fraudulent transfers, 222.29, 222.30. Garnishment. See GARNISHMENT. Guardian, settlement by, 5.636, 744.301(2)–(3), 744.387, 744.3025(1)(e). Guardian ad litem, settlement by, 5.636, 744.3025. Independent action on, 733.705(5). Limitations on, 733.702, 733.710. Minors, of, 5.636, 744.301(2)–(3), 744.387, 744.3025. Notice of trust, 736.05055. Notice to creditors, 5.241, 5.260(e), 5.475(b), 733.701, 733.2121, 734.102(5), 734.1025(2), 735.206(2), 735.2063. Objection to, 5.496, 5.499, 733.705. Payment of. Generally, 733.705. Priority of, 733.707. Trust, by, 736.05053. Personal representative’s proof of, 5.498, 733.703(2), 733.705(4).

Presentation of. Form of, 5.490(a). Service, 5.490(b). Sale of real property to third party, exemption for, 733.613(3). Settlement of. Guardian, by or against, 744.301(2)–(3), 744.387, 744.3025(1). Confidentiality of reports, 744.3701. Minor, on behalf of, 5.636, 744.301(2)–(3), 744.387, 744.3025. Confidentiality of reports, 744.3701. Spendthrift provision, effect of, 736.0502, 736.0503. Statement of, 5.490, 733.703(1). Summary administration, statement in petition regarding creditor’s claims, 5.530(a)(9). Transfer-on-death provisions governing securities, effect of, 711.509(2). Trust, settlor. Creditor claims against settlor, 736.0505. Trust property subject to, 733.707(3), 736.0501–736.05053, 736.0506, 736.1014. Unclaimed property. See UNCLAIMED PROPERTY. Validity, 5.490(c). CLASS GIFTS, 732.603, 732.608. CLERK. Caveat, duties as to, 5.260(d). Defined, 731.201(5), 744.102(3). Review of annual guardianship reports, 744.368. Seal of the clerk of court, 731.109. CODICIL. See WILL.

COLLATERAL HEIR. Defined, 731.201(6). COMMISSION TO PROVE WILL. See PROBATE. COMMUNITY PROPERTY. Alteration of interest in, 732.225. Application of Act, 732.217, 732.228. Construction of Act, 732.228. Creditors’ rights, 732.224. Disposition on death, 732.219. Homestead property, 732.225, 732.227. Lender, interest of, 732.222. Perfection of title. Action by personal representative or beneficiary, 732.221. Surviving spouse, of, 732.223. Presumptions applicable to Act, 732.218. Property subject to Act, 732.217. Purchaser for value, interest of, 732.222. Reinvestment of property that is or becomes homestead, 732.225. Severance of interest in, 732.225. Testamentary disposition, limitations on, 732.226. Title of Act, 732.216. COMMUNITY PROPERTY TRUST ACT, 736.1501 to 736.1512. See TRUST. COMPENSATION. Attorney. See ATTORNEYS. Corporate personal representative, 5.355, 733.617(4), 733.6175. Court monitor, 744.107(4).

Curator, 733.501(3). Disclosure of, 5.180(b)(4), 5.400(b)(4). Examining committee, 744.331(7)(a). Expert testimony regarding, 733.6175(4). Guardian, 744.108, 744.641. Guardian ad litem, 5.120(d), 744.3025(2). Legal assistants, 5.355, 733.6175, 744.108(4). Personal representative, 5.355, 5.400(b), 733.612(19), 733.617, 733.707(1), 733.6175. Petition. See PETITION. Professionals other than attorneys, 5.355, 733.612(19), 733.707, 733.6175. Review of propriety of, 5.355, 733.6175, 736.0206. Trustee, 736.0206, 736.0708, 736.1004, 738.701(1), 738.702(1). Veteran’s guardian, 744.641. COMPROMISE OF CLAIM, 5.330, 733.708. COMPULSORY PAYMENT OF DEVISES OR DISTRIBUTIVE INTERESTS. Bond, 5.380(c), 733.802(3). Order, 5.380(b), 733.802(2). Petition, 5.380(a). CONFLICT BETWEEN GUARDIAN AND WARD, 744.391, 744.446, 744.474. CONSERVATORSHIP. Absentee. Defined, 747.01. Incompetency of, 747.011. Petition to terminate conservatorship, 747.04(1). Conservator. Appointment of, 747.032.

Bond, 747.034. Discharge of, 747.04(3)–(4). Duties of, 747.035. Minor, of, 710.102(4). Oath of, 747.033. Powers of, 747.035. Removal of, 747.036. Resignation of, 747.036. Rights of, 747.035. Hearing. Notice of. Plenary proceedings, 747.031(1). Summary proceedings, 747.051(2), 747.052(3). Plenary proceedings, 747.031(2). Summary proceedings, 747.051(2), 747.052(4). Jurisdiction of circuit court, 747.02, 747.03(1). Order. Plenary proceedings, 747.032. Summary proceedings, 747.051(2)–(3), 747.052(6). Petition. Plenary proceedings. Contents, 747.03(2). Filing, 747.03(1). Notice of hearing on, 747.031(1). Summary proceedings, 747.051(1), 747.052(1)–(2). Summary proceedings. Property valued at $5,000 or more, 747.052. Property valued at less than $5,000, 747.051. Termination of, 747.04.

CONSTRUCTION OF PROBATE CODE. Applicability, 731.155. Effective date, 731.011. Fiduciary access to digital assets act. Application, 740.08. Relation to electronic signatures in global and national commerce act, 740.07. Severability, 740.09. Implied repeal. Construction against, 731.102. Seal of the court, 731.109. Short title, 731.005. Substantive rights. Procedure for determining, 731.011. CONTEST. Trust, of, 736.0207, 736.0604, 736.1108, 736.08165. Will, of. See WILL. CONTRACTS AMONG INTERESTED PERSONS, 733.815. CONTRIBUTION. From beneficiary, 733.805(2)–(4). From trustee, 733.607(2), 736.05053. Taxes, estate. Florida. Apportionment of estate tax, 733.817(10). COPIES. Authenticated, 5.200(j), 5.210(a)(8), 5.215, 5.470(a), 5.470(c), 5.475(a), 733.206(2), 734.104. Certified, defined, 5.015(b)(1).

Evidence of death, 5.205, 731.103. Inventory. Order extending time for filing, 5.340(b). Petition requesting extension of time for filing, 5.340(b). Service of, 5.340(d). Notarial will, 5.200(j), 5.210(a)(8), 733.205(2). Notice of administration, 5.240(a), 733.212(1). Pleadings and motions, request for, 5.060(a)–(b). Service of copy of will, 5.240(c). Will, authenticated copy of, 5.200(j), 5.210(a)(8), 5.215, 5.470(a), 5.470(c), 5.475(a), 733.206(2), 734.104. CORPORATE GUARDIAN, 5.590(c), 744.351(5). For-profit corporate guardian, 744.309(7).

744.102(4),

COSTS. Awarding of. Breach of fiduciary duty, actions for, 733.609. Elective share proceedings, 732.2151. Guardianship proceedings, 744.105, 744.369(7), 744.3715(2). Incapacity proceedings, 744.331(7)(c). Power of attorney petitions, 709.2116(3). Probate proceedings. Generally, 733.106. Will reformation and modification, 733.1061. Trust proceedings, 736.1004, 736.1006. Bond premium allowable as, 733.406, 744.641. Discovery, of, 5.080(b). Priority of payment of, 733.707. Trustee, payment by, 736.05053.

744.309(4)–(5),

744.3025(2),

COUNSEL. See ATTORNEYS. COURT. Defined, 710.102(5), 731.201(7), 744.102(5). Jurisdiction. See JURISDICTION. Reporting, 744.109. COURT MONITOR. Appointment of, 5.720(a)–(b), 744.107(1), 744.1076(1). Defined, 744.102(6). Duties of, 5.720(b)–(c), 744.107. Emergency, 5.725, 744.1075, 744.1076(1). Fee allowed to, 744.107(4). Indigent wards. Appointment of office of criminal conflict and civil regional counsel as monitor, 744.107(5). CREDIT INVESTIGATION 744.3135.

OF

PROSPECTIVE

GUARDIAN,

CREDITOR. Agency for Health Care Administration as, 409.910, 409.9101, 733.2121(3)(d). Assets of ward, right to inspect, 744.373. Caveat filed by, 5.260(a), 731.110. Claims. See CLAIMS. Community property, rights as to, 732.224. Notice to, 5.241, 5.260(e), 5.475(b), 733.701, 733.2121, 734.102(5), 734.1025(2), 735.206(2), 735.2063. Statement regarding, 5.241(d). CREMATION, 732.804, 744.397(1).

CRIMINAL INVESTIGATION OF PROSPECTIVE GUARDIAN, 744.3135. CURATOR. Accounting by, 5.122(e). Appointment of, 5.122(b), 5.122(f), 733.501(1), 733.503, 733.5061. Bond, 733.402, 733.403, 733.501(2). Compensation of, 733.501(3). Defined, 731.201(8). Inventory by, 5.122(e). Laws governing, 5.122(g). Notice, 5.122(c), 733.501(1). Oath of, 5.122(b). Petition for appointment of, 5.122(a). Powers of, 5.122(d), 733.501(1). Reconsideration of appointment of, 5.122(f). Removal of, 5.122(e), 733.501(4). Resident agent, designation of, 5.122(b). Rules governing, 5.122(g). Surcharge of, 733.501(4). CURTESY ABOLISHED, 732.111.

D DEATH. Benefits, 733.808. Certificate. See DEATH CERTIFICATE, FILING OF. Defined, 765.511(4). Disclosure in connection with sale of real estate, 689.25. Donation of body. See ANATOMICAL GIFTS. Evidence of, filing, 5.205, 731.103. Generally, 5.171, 731.103, 732.101(2). Personal representative, of, 733.307. Resident agent, of, 5.110(g). Simultaneous, 732.601. Trust. Community property trust act. Death of spouse. Effect on property held in trust, 736.1507. Ward, of, 5.680, 744.521. DEATH CERTIFICATE, FILING OF. Court order requiring, 5.205(c). Definition, 732.703(1)(c). Times, 5.205(a). Unclaimed property proceedings, 717.1261. Waiver of, 5.205(b). Ward, death of, 5.680(a), 744.521. DEBTS. Claims.

See CLAIMS. To decedent, intestate estate, 732.109. DECLARATORY JUDGMENTS, 86.041. DEFECTS IN PLEADINGS, 5.020(a). DEFENSES, WRITTEN, 5.040(a)(2). DEFINITIONS. Absentee, 747.01. Anatomical gifts, generally, 765.511. At par. Settlement of checks, 655.85. Attorney for the alleged incapacitated person. Guardianship, 744.102. Audit. Guardianship, 744.102. Banking provisions, for purposes of, 655.89(1), 655.90(1), 655.91(1), 655.93, 655.769. Beneficiary. Antilapse, 736.1106. Charitable organization. Charitable trusts, 736.1201. Clerk. Guardianship, 744.102. Community property. Community property trust act, 736.1502. Community property trusts, 736.1502. Corporate guardian. Guardianship, 744.102. Court. Guardianship, 744.102.

Court monitor. Guardianship, 744.102. Death, 765.511(4). Decedents’ estates, 732.703. Decree. Community property trust act, 736.1502. Delivery of notice. Charitable trusts, 736.1201. Developmental disabilities law, for purposes of, 393.063. Dissolution. Community property trust act, 736.1502. Distribution date. Antilapse, 736.1106. During marriage. Community property trust act, 736.1502. Elective share, for purposes of, 732.2025. Electronic wills, 732.521. Estate, 731.201(14), 744.102(7). Estate tax, for purposes of, 198.01. Estate tax apportionment, 733.817(1). Fiduciary, 518.10, 738.102. Fiduciary access to digital assets act, for purposes of, 740.002. Florida Disposition of Unclaimed Property Act, for purposes of, 717.101. Florida Land Trust Act, for purposes of, 689.071(2). Florida Probate Code, general definitions for purposes of, 731.201. Florida Probate Rules, for purposes of, 5.015. Florida Trust Code, for purposes of, 736.0103. Florida Uniform Disclaimer of Property Interests Act, for purposes of, 739.102. Florida Uniform Principal and Income Act, for purposes of, 738.102,

738.401, 738.602, 738.801, 738.1041(1). Florida Uniform Transfer-on-Death Security Registration Act, for purposes of, 711.501. Florida Uniform Transfers to Minors Act, for purposes of, 710.102. Foreign guardian, 744.102. Future interest. Antilapse, 736.1106. Future interest under the terms of a trust. Antilapse, 736.1106. Gift. Gifts to lawyers and other disqualified persons, 732.806. Guardian, 744.102, 744.108(2). Guardian ad litem, 744.102. Guardian advocate, 744.102. Guardianship, generally, 731.201, 744.102, 744.1025. Health care advance directives, generally, 765.101. Incapacitated person. Guardians, 744.102. Internal revenue code. Charitable trusts, 736.1201. Invasion of principal of trust, 736.04117. Limited guardian, 744.102. Manage property. Guardians, 744.102. Meet essential requirements for health or safety. Guardians, 744.102. Minor. Guardians, 744.102. Next of kin. Guardians, 744.102.

Nonprofit corporate guardian. Guardians, 744.102. Notice, 5.015(b)(2)–(b)(3), 5.040(c), 731.201(22). Plenary guardian, 744.102. Power of attorney, for purposes of, 709.2102. Preneed guardian, 744.102. Private foundation trust. Charitable trusts, 736.1201. Probate, generally, 5.015, 731.201. Professional guardian, 744.102. Property. Guardians, 744.102. Property identifier, construction liens, 717.117. Qualified trustee. Community property trust act, 736.1502. Related to. Gifts to lawyers and other disqualified persons, 732.806. Seller. Subsurface rights, disclosure to prospective purchaser, 689.29. Settlor spouses. Community property trust act, 736.1502. Split interest trust. Charitable trusts, 736.1201. Standby guardian, 744.102. Subsurface rights. Real property, disclosure to prospective purchaser, 689.29. Surrogate guardian, 744.102. Surviving beneficiary. Antilapse, 736.1106. Surviving descendant.

Antilapse, 736.1106. Totally incapacitated. Guardians, 744.102. Transfer fee covenants, for purpose of prohibition against, 689.28(2). Uniform Real Property Electronic Recording Act, for purposes of, 695.27(2). Ward. Guardians, 744.102. Written instrument. Gifts to lawyers and other disqualified persons, 732.806. DEPARTMENT OF REVENUE. Agents appointed by, 198.07. Appraisers appointed by, 198.07, 198.11. Enforcement actions by, 198.25. Estate tax administered by, 198.05. Estate taxes generally. See TAXES, ESTATE. Examination of records by, 198.06. Extension to file return allowed by, 198.14. Hearing on deficiency, 198.17. Inventory, service of, 733.2121(3)(e). Nonliability, issuance of certificate of, 198.13(2). Notice of determination of deficiency in federal taxes, 198.16. Notice to. Claims, notice to creditors to file, 733.2121(3)(e). Names of decedents by circuit judges, 198.30. Receipt, issuance of, 198.19. Refunds issued by, 198.29. Returns filed with, 198.13.

Rules promulgated by, 198.08. Warrant issued by, 198.29. DEPOSITIONS. Costs, assessment of by court, 5.080(b). Experts, of, 5.080(a)(13). Generally, 5.080. Rules of Civil Procedure governing, 5.080(a). Scope, court discretion to limit, 5.080(b). DEPOSITORY. Designated financial institution as. Acceptance of designation, 69.031(4). Accountings by, 69.031(2). Delivery of property to, 69.031(3). Generally, 69.031(1). Rejection of designation by, 69.031(4). Securities, deposit of, 518.115. DESCENDANT. Defined, 731.201(9). DESTROYED WILL. See WILL. DEVELOPMENTALLY DISABLED PERSON. Administrator ad litem for, 5.120. Business, continuation of, 5.640. Definitions, 393.063. Guardian advocate for. See GUARDIAN ADVOCATE. Rights of. Counsel, right to, 5.649(c), 5.681(b), 393.12(5), 393.12(12)(a). Restoration of.

Amended plan, filing of, 5.681(f), 393.12(12)(g). Counsel, right to, 5.681(b), 393.12(12)(a). Final accounting, filing of, 5.681(f). Generally, 393.12(12). Notice of filing of suggestion, 5.681(c). Objections to, 5.681(d), 393.12(12)(c), 393.12(12)(d). Order, 5.681(e), 393.12(12). Petition for, 393.12(12). Suggestion of restoration, execution, 5.681(a). Retention of, 393.12(9). DEVISE. Ademption, 732.605, 732.609. Compulsory payment of, 5.380, 733.802. Defined, 731.201(10). Delivery of. Expenses of, 733.801(2). Time for, 733.801(1). Disclaimer of. See DISCLAIMER. Homestead, 732.4015. Lapse of, 732.603. Modification to achieve testator’s tax objectives. Fees and costs, 733.1061. Generally, 732.616. Per stirpital, 732.603, 732.611. Reformation to correct mistakes. Fees and costs, 733.106, 733.1061. Generally, 732.615. Residuary, defined, 731.201(35).

Separate writing identifying, 732.515. Trustee, to, 732.513. Vesting of, 732.514. Writing identifying, 732.515. DEVISEE. Defined, 731.201(11). Excluded from “interested person” status, 731.201(23). DIGITAL ASSETS, FIDUCIARY ACCESS, 740.001–740.11. See FIDUCIARY ACCESS TO DIGITAL ASSETS ACT. DIRECTED TRUST, 736.1401 to 736.1416. See TRUST. DISABILITIES, PERSONS WITH. Abuse, neglect, exploitation or aggravated manslaughter of elderly person or disabled adult. Forfeiture of beneficiary interest, 732.8031. Injunctions. Elderly and disabled adult abuse. Adversary proceedings, 5.025(a), 825.1035. DISABILITY BENEFITS, EXEMPTION FROM PROCESS, 222.18. DISCHARGE. Distribution. See DISTRIBUTION. Guardian. See GUARDIAN. Personal representative. See PERSONAL REPRESENTATIVE. DISCLAIMER. Custodian under Florida Uniform Gifts to Minors Act, nominated, 710.121(1).

Florida Uniform Disclaimer of Property Interests Act. Application to existing relationships, 739.701. Barred, when disclaimer is, 739.402. Definitions for purposes of, 739.102. Delivery of disclaimer, 739.301. Effective date of disclaimer, generally, 739.201. Entireties property, 739.203. Execution requirements, 739.104(3). Fiduciary’s power to disclaim, 739.104(2). Filing of disclaimer, 739.301. Irrevocability of disclaimer, 739.104(5). Jointly held property, 739.202. Passing of disclaimed interest, 739.201(2)–(4). Power held in fiduciary capacity, disclaimer of, 739.207. Power of appointment. Appointee, disclaimer by, 739.206(1). Disclaimer of, 739.104(1)–(2), 739.205. Fiduciary, disclaimer by, 739.207. Object or taker in default, disclaimer by, 739.206(2). Power to disclaim, general requirements, 739.104. Recording of disclaimer related to real estate, 739.601. Scope of Act, 739.103. Survivorship rights, 739.202, 739.203. Tax-qualified disclaimer, 739.501. Time of disclaimer, 739.401. Title of Act, 739.101. Trustee, disclaimer by, 739.204. When disclaimer permitted, 739.401. Writing, necessity of, 739.104(3).

DISCOVERY. Costs, assessment of by court, 5.080(b). Generally, 5.080. Rules of Civil Procedure governing, 5.080(a). Scope, court discretion to limit, 5.080(b). DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION, 5.205(a)(4), 5.420, 735.301, 735.302. Payment to successor without court proceedings, 735.303. Small estates. Intestate personal property in small estates, 5.425, 735.304. DISQUALIFICATION. Guardian, 5.650(i), 5.650(j), 744.309(3), 744.474(18). Personal representative, 5.310, 733.303, 733.304, 733.3101. DISSOLUTION OF MARRIAGE, EFFECT OF. Decedents’ estates, effect on, 732.703. Health care advance directive, 765.104(2). Trust, 736.1010, 736.1105. Community property trust act. Generally, 736.1501 to 736.1512. See TRUST. Termination of trust and distribution of trust assets, 736.1508. Will, 732.507(2). DISTRIBUTEE. Defined, 731.201(12), 736.0103(6). Liability for improper distribution. From estate, 733.812. From trust, 736.1018. Permissible distributee, defined, 736.0103(13). DISTRIBUTION.

Advancement, 733.806. Compulsory payment of devises or distributive interests, 5.380, 733.802. Death benefits and proceeds, 733.808. Encumbered property, liability for payment, 733.803. Final accounting prior to. Guardian, by. See GUARDIAN. Personal representative, by. Contents of, 5.346. Filing of, 5.400(a), 5.400(c). Objections to, 5.400(b)(6)–(b)(7), 5.400(d), 5.401. Service, 5.400(c). Time for, 5.400(c). Waiver of, 5.180, 731.302. Final discharge. Guardian, of. See GUARDIAN. Personal representative, of. Order of, 5.400(e), 5.401(e), 733.901(2). Petition for. Contents, 5.020(b), 5.330(g), 5.400(a)–(b). Objections to, 5.400(b)(6)–(b)(7), 5.401. Service, 5.400(c). Time for, 5.400(c), 733.901(1). Waiver of, 5.180, 731.302. Improper, 733.812, 736.1018. In kind, 733.810. Order of appropriation of assets, 733.805. Partition for purpose of, 733.814. Per stirpital, 732.104, 732.603, 732.611.

Plan of. Contents of, 5.400(b)(5). Objections to, 5.400(b)(6)–(b)(7). Private contract among interested persons, 733.815. Purchasers from distributees, 733.813. Retainer, right of, 733.809. Right of distributee in property, 733.811. Summary administration, 5.530(d), 735.206. Time for, 733.801(1). Title of distributee, 733.811. Unclaimed property. See UNCLAIMED PROPERTY. DIVORCE, EFFECT OF. See DISSOLUTION OF MARRIAGE, EFFECT OF. DOMICILE. Affidavit of, 222.17. Defined. Disposition of Unclaimed Property Act, for purposes of, 717.101(8). Estate administration, for purposes of, 731.201(13). Estate tax, for purposes of, 198.015. Evidence of, 222.17. Ward. Change of, 5.670, 744.524. Generally, 744.1096. DONATION OF BODY OR ORGANS. See ANATOMICAL GIFTS. DOWER. Abolished, 732.111.

Petition for assignment to widow, 5.365. DURABLE POWER OF ATTORNEY. See POWER OF ATTORNEY.

E EDUCATION REQUIREMENTS FOR GUARDIAN, 5.625, 744.2002(3) (b), 744.2002(7), 744.2002(10), 744.2003, 744.3145. ELDERLY PERSONS. Abuse, neglect, exploitation or aggravated manslaughter of elderly person or disabled adult. Forfeiture of beneficiary interest, 732.8031. Injunctions. Elderly and disabled adult abuse. Adversary proceedings, 5.025(a), 825.1035. ELECTIVE SHARE. Adversary nature of proceeding to determine amount of share and contribution, 5.025(a). Amount of. Determination of, 5.025(a), 5.360(d). Generally, 732.2065. Assets applied to payment of, 732.2075. Award of attorneys’ fees and costs in proceedings relating to elective share, 732.2151. Beneficiaries, liability for contributions, 732.2085. Contribution to satisfy. Action to enforce, 5.025(a), 732.2145(4). Beneficiaries, liability of, 732.2085. Direct recipients, liability of, 732.2085. Order of, 5.360(d)(5), 732.2145. Personal representative’s duty to collect, 732.2145(2)–(3). Relief from duty to enforce, 5.360(e). Definitions, 732.2025. Direct recipients of property included in elective estate, liability for

contributions, 732.2085. Effective dates of laws regarding, 732.2155. Elective estate. Inventory of, 5.340(g). Property entering into, 732.2035. Property excluded from, 732.2045. Valuation of, 732.2055. Excluded property, 732.2045. Extension of time to elect, 5.360(b)(1), 732.2135(2), 732.2135(4). Interests other than, effect of election on, 732.2105. Notice of administration, notice relating to filing of election to take elective share, 5.240(b)(5), 733.212(2)(e). Payors, protection of, 732.2115. Procedure. Amount of share. Determination of, 5.025(a), 5.360(d). Objection to, 5.360(d)(4). Contribution. Determination of, 5.025(a), 5.360(d). Relief from duty to enforce, 5.360(e). Entitlement, determination of, 5.360(c). Extension of time to make election, 5.360(b)(1). Filing of election, 5.360(a). Notice. Election, 5.360(b)(3). Petition, 5.360(a)(2)(B). Objections. Amount of share, to, 5.360(d)(4). Election, to, 5.360(b)(4). Order.

Amount of, determining, 5.360(d)(5)–(d)(6). Contribution to, specifying, 732.2145. Entitlement to, determining, 5.360(b)(3)(C), 5.360(c). Filing by agent or guardian, authorizing, 5.360(a)(2)(C). Petition. Approval to make election, 5.360(a)(2)(A). Determination of amount of, 5.360(d)(1), 5.360(d)(3). Extension of time to make election, 5.360(b)(1). Relief of duty to enforce contribution, 5.360(e). Withdrawal of election, 5.360(b)(2), 732.2135(3). Property available for. Exclusions, 732.2045. Generally, 732.2035, 733.608(1). Pension and retirement accounts, 222.21(2)(d). Valuation of, 732.2095. Qualifying special needs trust, 732.2025(8), 732.2045(1)(g), 732.2075(1) (e), 732.2095(1)(a)(2), 732.2095(2)(c). Right to, 732.201, 732.2125. Spousal rights. Procurement by fraud, duress or undue influence, 732.805, 732.4017. Time of election. Generally, 732.2135. Notice of, 733.212(2)(e). Transition rules for elective share statutes, 732.2155. Trust, 732.2025(2), 732.2025(10), 732.2095(2)(b), 732.2155(4). Waiver of right to, 732.702, 732.2155(3). Withdrawal of election, 5.360(b)(2), 732.2135(3). ELECTRONIC WILLS, 732.521-732.526. See WILL.

EMBEZZLEMENT. Guardian. Exploitation of ward, 744.359. EMERGENCY COURT MONITOR, 5.725, 744.1075, 744.1076(1). Indigent wards. Appointment of office of criminal conflict and civil regional counsel as monitor, 744.1075(6). EMERGENCY TEMPORARY GUARDIAN, 5.600, 5.648, 744.2005(4), 744.3031. EMPLOYEE BENEFIT PLAN. Defined, 732.703(1)(d). ENVIRONMENTAL LAWS, PROTECTION AGAINST VIOLATION OF. Personal representative, 733.6121. ESCHEAT. Administration, 5.386(a). Assignment of right to receive payment, 732.107(5). Claimant, recovery of escheated property by, 716.07. Court report, 5.386(b). Department of Financial Services. Deposit of funds by, 716.05. Proceedings instituted by, 716.03, 716.04. Federal agencies, funds in possession of, 716.02. Generally, 732.107(1), 733.816. Policy of state, declaration of, 716.01. Proceeding, 5.386(a), 716.03, 716.04. Public records, 716.06. Reopening administration, 732.107(3). Savings bonds, 717.1382.

Claims for savings bond, 717.1383. Transfer to state, 716.05, 732.107(2), 733.816(1). Unclaimed property. See UNCLAIMED PROPERTY. ESTABLISHMENT OF LOST OR DESTROYED WILL. See WILL. ESTATE. Defined. Guardianship, 744.102(7). Probate, 731.201(14). Escheated. See ESCHEAT. Execution or levy against property of, 733.706. Information about, generally, 5.341. Intestate, 732.101–732.111. Missing person, probate of, 733.209. Possession of by personal representative, 733.607. Taxes. See TAXES, ESTATE. ESTATE TAX RETURN, NOTICE OF. See TAXES, ESTATE. EVIDENCE. Civil action rules generally applicable, 5.170, 731.103, 731.1035. Death, of. Filing of, 5.205. Generally, 5.171, 731.103. Incapacity adjudication. Reports, objection to entry into evidence, 5.550(e). EXAMINING COMMITTEE FOR ALLEGED INCAPACITATED

PERSON, 5.550(e), 744.331(3)–(5), 744.331(7)(a). Adjudicatory hearing, 5.550(f). Reports, 5.550(e). EXECUTION OF DOCUMENTS. Electronic signatures. Real property. Method of conveyance, 689.01. Recording of conveyances, 695.28. Guardian, when required, 5.610. Personal representative, when required, 5.330. Pleadings, generally, 5.020(a). Waivers, 5.180(a). Wills, 732.502. Electronic will or codicil, 732.522. EXECUTIONS AND LEVIES, 733.706. EXECUTOR. See PERSONAL REPRESENTATIVE. EXECUTOR DE SON TORT, 733.309. EXEMPT PROPERTY. Bankruptcy exemptions, 222.20, 222.201. Defined, 731.201(15). Designation in petition for summary administration, 5.530(a)(8). Disposition of without administration, 5.420(b). Garnishment. See GARNISHMENT. Generally, 732.402. Homestead. See HOMESTEAD PROPERTY. Levy against.

See PERSONAL PROPERTY. Order determining, 5.406(c). Petition to determine. Contents, 5.406(b). Filing, 5.406(a), 732.402(6). Taxes, estate. Florida. Apportionment of estate tax, 733.817(3). Waiver of, 732.702, 733.212(2)(d). EXPEDITED JUDICIAL INTERVENTION CONCERNING MEDICAL TREATMENT PROCEDURES, 5.900, 765.105. EXPENSES. Costs. See COSTS. Custodian of minor, 710.117. Delivery of property, 733.801(2). Order of payment of, 733.707. Personal representative, payment by prior to distribution, 5.400(b)(5)(D). Storage of property, 733.801(2). Trustee, payment by, 736.0709, 736.05053. EXPERT WITNESSES. Depositions of, 5.080(a)(13). Fee determination, testimony regarding, 733.6175(4). Guardian and attorney fees, expert testimony as to reasonableness, 744.108(9).

F FAMILY ALLOWANCE. Generally, 5.407, 732.403, 733.608(1). Order determining, 5.407(c). Order of payment of, 733.707. Petition to determine. Contents, 5.407(b). Filing, 5.407(a). Taxes, estate. Florida. Apportionment of estate tax, 733.817(3). Waiver of, 732.702. FAMILY TRUST COMPANIES. Accounting, 736.0813, 736.08135. Loyalty. Duty of loyalty of trustee, 736.0809. Notice, 736.0109. FEES. See COMPENSATION. FIDELITY BOND. See BOND. FIDUCIARY ACCESS TO DIGITAL ASSETS ACT, 740.001–740.11. Applicability of act, 740.08. Relation to electronic signatures in global and national commerce act, 740.07. Severability, 740.09. Authority of fiduciary, 740.05.

Compliance requirements of custodian, 740.06. Construction of act. Relation to electronic signatures in global and national commerce act, 740.07. Definitions, 740.002. Direction to custodian using online tool or testamentary instrument, 740.003. Disclosures by custodian. Catalog of electronic communications and digital assets held in trust. Trustee is not original user, 740.03. Catalog of electronic communications and digital assets of deceased user, 740.007. Catalog of electronic communications and digital assets of principal, 740.009. Contents of electronic communications held in trust. Trustee is not original user, 740.02. Contents of electronic communications of deceased user, 740.006. Contents of electronic communications of principal, 740.008. Digital assets held in trust. Trustee is original user, 740.01. Guardian of ward, digital asset disclosure to, 740.04. Procedures for disclosing digital assets. Charges for cost of disclosure, 740.005. Scope of disclosure, 740.005. Segregation of assets causing undue burden, 740.005. Duties of fiduciary, 740.05. Limitation of liability of custodian, 740.06. Order directing custodian to comply, 740.06. Relation to electronic signatures in global and national commerce act, 740.07. Scope of authority of fiduciary, 740.05.

Severability, 740.09. Standards of care of fiduciary, 740.05. Termination of user’s account, 740.05. Terms of service agreements. Directions overriding, 740.003. Effect of provisions generally, 740.004. Rights of user and fiduciary under, 740.004. Title of act, 740.001. Wills. Deposit of will. Effect of act on obligations to deposit will, 740.11. FILING. Defined, 731.201(16). FINAL DISTRIBUTION. See DISTRIBUTION. FISCAL YEAR, ELECTION OF BY PERSONAL REPRESENTATIVE, 5.345(a)(1). FLORIDA DISPOSITION OF UNCLAIMED PROPERTY ACT. See UNCLAIMED PROPERTY. FLORIDA LAND TRUST ACT, 689.071. FLORIDA UNIFORM DIRECTED TRUST ACT. Directed trust generally. See TRUST. FLORIDA UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT. See DISCLAIMER. FLORIDA UNIFORM PRINCIPAL AND INCOME ACT. Allocations under.

Annuities, 738.602. Asset-backed securities, 738.608. Deferred compensation plans, 738.602. Derivatives, 738.607(1)–(2). Entity, from, 738.401. Estate, from, 738.402. Insubstantial allocations, 738.601. Insurance policies, 738.504. Liquidating assets, 738.603. Natural resources, interests in, 738.604, 738.605. Obligation to pay money, 738.503. Options, 738.607(3). Principal receipts, generally, 738.501. Rental property, 738.502. Retirement plans, 738.602. Timber, 738.605. Trust, from, 738.402. Unproductive income property, 738.606. When decedent dies, 738.302. When income interest begins, 738.302. Application of, 738.804. Apportionment under, 738.302, 738.303. Definitions for purposes of, 738.102, 738.1041(1). Depreciation, transfers from income to principal for, 738.703. Disbursements. Income, from, 738.701. Principal, from, 738.702. Distributions, 738.202, 738.402. Income taxes. Adjustments between income and principal due to, 738.706.

Source of payment of, 738.705. Judicial control of discretionary powers, 738.105. Net income. Defined, 738.102(8). Determination of, 738.201. Distribution of, 738.201. When right to begins and ends, 738.301. Receipts, character of, 738.401. Reimbursement to principal from income, 738.704. Severability of provisions of, 738.803. Taxes, income. Adjustments between income and principal due to, 738.706. Source of payment of, 738.705. Tenants and remaindermen, apportionment of expenses between, 738.801. Title of Act, 738.101. Trustee. Allocations by. See within this heading, “Allocations under.” Business and other activities conducted by trustee, 738.403. Defined, 738.102(13). Duties, generally, 738.103. Powers. Adjustments, 738.104. Generally, 738.103. Judicial control of, 738.105. Total return unitrusts, 738.104. Uniformity of application of law, 738.802. FLORIDA UNIFORM REGISTRATION ACT. Application of, 711.512.

TRANSFER-ON-DEATH

SECURITY

Beneficiary form, registration in. Acceptance by registering entity, 711.508(2). Applicable law, 711.503. Cancellation of, 711.506. Change in, 711.507. Effect of, 711.506. Form of, 711.51, 711.505. Multiple owners, ability to obtain, 711.502. Origination of, 711.504. Creditors’ rights, 711.509(2). Death of owner of security, ownership on, 711.507. Definitions for purposes of, 711.501. Nontestamentary nature of transfer, 711.509(1). Registering entity. Acceptance of request, effect of, 711.508(2). Protection of, 711.508(1), 711.508(3)–(4). Terms and conditions set by, 711.51. Rules of construction, 711.511. Title of Act, 711.50. FLORIDA UNIFORM TRANSFERS TO MINORS ACT. Applicability of, 710.124, 710.126. Construction of, 710.126. Custodial property. Accounting, 710.122. Care of, 710.114. Creating, manner of, 710.105, 710.111. Receipt for, 710.109. Transfer to minor, 710.123. Use of, 710.116.

Custodian under. Accounting by, 710.122. Bond, 710.117(3). Death of, 710.121(4)–(5). Duties of, 710.114. Expenses of, reimbursement for, 710.117(1). Incapacity of, 710.121(4)–(5). Liability. Breach of care, 710.114. Third persons, to, 710.119. Nomination of. Disclaimer of, 710.121(1). Generally, 710.104. Powers of, 710.115. Removal of, 710.121(6). Resignation of, 710.121(3), 710.121(5). Standard of care, 710.114(2). Substitute, nomination of, 710.121(1). Successor, designation of, 710.121(2), 710.121(4), 710.121(6). Definitions for purposes of, 710.102. Existing custodianships, effect on, 710.125. Jurisdiction, 710.103(2)–(3). Scope of Act, 710.103(1). Single custodianship rule, 710.112. Termination of custodianship, 710.123. Third persons. Exemption from liability of, 710.118. Liability to, 710.119. Title of Act, 710.101. Transfers under.

Effect of, 710.113. Gift, by, 710.105. Irrevocability of, 710.113(2). Obligor, by, 710.108. Power of appointment, by, 710.105. Single custodianship rule, 710.112. Trust, by, 710.106, 710.107. Validity of, 710.113. Will, by, 710.106, 710.107. FOREIGN GUARDIAN. Change of domicile of ward, procedure, 5.670. Defined, 744.102(8). Generally, 744.306. Management of property of nonresident ward by, 5.645, 744.307. FOREIGN LANGUAGE, PROBATE OF WILL WRITTEN IN, 5.216, 733.204. FOREIGN PERSONAL REPRESENTATIVE. See PERSONAL REPRESENTATIVE. FOREIGN TAXES. Taxes, estate. Florida. Apportionment of estate tax, 733.817(11). FOREIGN TRUSTEE, QUALIFICATION OF, 736.0112. FOREIGN WILL, 5.216, 732.502(2), 733.204, 734.102–734.104. FORFEITURE OF BENEFICIARY INTEREST. Abuse, neglect, exploitation or aggravated manslaughter of elderly person or disabled adult, 732.8031. Killer not entitled to receive property or benefits, 732.802. Trust beneficiaries.

Killer not entitled to receive property or benefits, 736.1104. FORMAL NOTICE. See NOTICE. FRAUD. Guardian. Exploitation of ward, 744.359. Trust. Community property trust act. Unenforceable trusts. Factors leading to unenforceability, 736.1512. FUNERAL ARRANGEMENTS, 732.804.

G GARNISHMENT. Exemptions from. ABLE accounts, 222.22(5). College funds, 222.22(1), 222.22(3). Disability benefits, 222.18. Disaster savings accounts, 222.22(4). Earned income credit, 222.25(3). Fraudulent transfers, 222.29. Health aids, 222.25(2). Health or medical savings account, 222.22(2). I.R.S. approved plans, 222.21(2). Motor vehicle, interest in, 222.25(1). Pensions, 222.21. Personal property to value of $4,000, 222.25(4). Retirement benefits, 222.21. Tax-exempt funds, 222.21. U.S. pensions, 222.21(1). Wages, 222.11. Unclaimed property, of, 717.1245. GENERAL MAGISTRATES. See MAGISTRATES. GIFTS TO DISQUALIFIED PERSONS, 732.806. GRANTOR. Defined, 731.201(19). GUARDIAN. Abuse of ward, 744.359.

Accounting. Appearance of guardian before court, 744.3735. Applicability of rule, 5.696(a). Audit of, 744.368(3), 744.3678(4). Contents of, 5.696(b), 744.3678(2). Execution of, 5.610(d). Failure to file, 744.367(5), 744.3685. Fee, audit, 744.3678(4). Filing of, 5.695(a)(2), 744.3678(1). Interim inspection of records, 5.696(g). Magistrate, review by, 5.095(i), 5.697, 744.369(2). Minor, for, 5.555(e). Model format, 5.696–Appendix A, 5.696(d). Objections to, 5.700, 744.369(7). Production of assets, 5.160, 744.373. Review of. By clerk, 744.368. By court, 744.369. By magistrate, 5.697. Simplified procedures, 744.3679. Social security benefits, receipt of, no requirement to account for, 744.3678(5). Standards for, 5.696(c). Accounting principles, 5.696–Appendix B. Substantiating documents, 5.696(f), 744.3678(3). Time for, 5.695(a)(2), 744.367(2). Verification, 5.696(e). Veteran’s guardian, 744.634, 744.653. Actions by or against, 744.391. Acts, approval of.

Order authorizing, 5.630(c), 744.451. Petition. Contents, 5.020(b), 5.630(a), 744.447(1). Notice, 5.630(b), 744.447(2). Address designation, 5.110(a). Ad litem. See GUARDIAN AD LITEM. Adversary proceedings, 5.025. Advocate. See GUARDIAN ADVOCATE. Alternatives to appointment of, 5.550(a), 5.550(d), 5.560(a)(9), 5.685, 744.331, 744.331(6)(b), 744.462. Annual plan. Adult. Form for annual guardianship plan for adult, 5.904(d). Appearance of guardian before court, 744.3735. Clerk, review by, 744.368. Contents of, 744.3675. Duty to file, 5.695(a)(1), 744.3675. Execution of, 5.610(c). Implementation, 744.361(8). Magistrate, review by, 5.095(i), 5.697, 744.369(2). Minor, for, 5.555(e)(2), 744.3675. Form of annual guardianship plan for minor, 5.904(b). Objections to, 5.700, 744.367(4), 744.369(7). Physician’s evaluation, 5.552(d), 744.341(4), 744.3675(1)(b), 744.3675(2) (b). Reexamination of ward, 744.3675(4). Review of. By clerk, 744.368.

By court, 5.705, 744.369. By magistrate, 5.697. Waiver, 5.555(e)(2). Annual report. Amendment by court, 744.371. Appearance by guardian, 744.3735. Clerk, review by, 744.368. Confidentiality, 744.3701. Contents of, 5.695(a), 744.367(3). Duty to file, 5.695(a), 744.361(7), 744.367(1)–(2), 744.367(6). Execution of, 5.610(d). Failure to file, 744.367(5), 744.3685. Filing of, 5.695(a), 744.367(1)–(2), 744.367(6). Guardians appointed before October 1, 1989, duties of, 5.800(b). Magistrate, review by, 5.095(i), 5.697, 744.369(2). Minor, for, 5.555(e). Objections to, 5.700, 744.367(4), 744.369(7). Order to file, 744.369(3), 744.3685. Review of. By clerk, 744.368. By court, 744.369, 744.372, 744.3715. Service of, 5.695(a), 744.367(3). Time for, 5.695(a), 744.367(1)–(2), 744.367(6). Veterans’ guardians, exemption from filing granted to, 744.653. Ward. Duty to review with, 744.367(4). Service on, 5.555(e)(3), 5.695(b). Appearance before court, 744.3735. Application of income of property of ward, 744.397. Appointment of.

Alternatives to, 5.550(a), 5.550(d), 5.560(a)(9), 5.685, 744.331(6)(b), 744.331(6)(f), 744.462. Application for. Corporations and associations with trust powers, 5.590(c), 744.3125(3). Individual applicants, 5.590(a), 744.3125(1)–(2). Nonprofit corporate guardians, 5.590(b), 744.3125(3)–(4). Public guardians, 5.590(d). Considerations in, 744.312. Generally, 744.2005(1)–(3). Hearing, 5.540, 5.541(a), 744.2005(1), 744.3371. Letters, 744.345. Minor, for, 5.555(c), 744.342, 744.387(3)(b), 744.3021. Notice of petition for, 5.555(d), 5.560(b), 744.3371. Order, 744.2005(1)–(3). Form for petition and order of guardian, 5.902. Petition for. Contents, 5.020(b), 5.560(a), 744.334. Form for petition and order of guardian, 5.902. Minor, guardian for, 5.555(c). Notice, 5.555(d), 5.560(b)–(c), 744.3371. Oath of guardian incorporated in, 5.600. Successor, 5.650(c), 744.471. Voluntary, 5.552(a)–(c), 744.341(1). Who may be appointed, 744.309, 744.312. Appraisals required, 744.381. Approval of acts, 5.630, 744.447, 744.451. Attorney for. See ATTORNEYS. Best interest of ward. Acting not contrary to best interests, 744.361(4).

Bond of. Costs, premiums allowable as, 744.641. Emergency temporary guardian, 744.3031(7). Foreign guardian, 5.645(e), 744.307(3). Generally, 744.351, 744.354. Preneed guardian, 744.3045(7). Professional guardian, 744.2002(3)(b), 744.2003(2). Public guardian, 744.351(5), 744.2102. Veteran’s guardian, 744.619, 744.641. Borrowing or purchasing from ward by, 744.454. Claims, settlement of, 744.387. Compensation of, 744.108. Conflicts of interest, prohibited activities, 744.446. Expert witnesses. Guardian and attorney fees, expert testimony as to reasonableness, 744.108(9). Compliance with post-September 30 1989 laws, 5.800. Conflict with ward, 744.391, 744.446, 744.474. Contempt proceedings against, 744.367, 744.517, 744.3685. Continuance of ward’s unincorporated business. Accounting, 5.640(d). Conduct of, 5.640(c)–(d). Discontinuance by court order, 5.640(e). Generally, 5.640(a), 744.441(m). Order authorizing, 5.640(a)–(c). Petition, 5.640(b). Reports, 5.640(d). Conveyance of property by, 744.457. Corporate, 5.590(c), 744.102(4), 744.309(4)–(5), 744.351(5). For-profit corporate guardian, 744.309(7).

Credit investigation of, 744.3135. Criminal investigation of, 744.3135. Defaulting, 5.660(d), 744.367, 744.517, 744.3685. Defined, 736.0103(9)–(10), 744.102(9), 765.511(12). Delegation of authority to surrogate, 5.647, 744.442. Discharge of. Change of domicile of ward, 5.670, 744.524. Death of ward, 5.680, 744.521. Exhaustion of property of ward, 5.680. Final report by guardian, 5.610(g), 5.680(c), 744.521, 744.524, 744.527– 744.528. Hearing, 5.670(g), 5.680(f)–(g), 744.524, 744.527(1), 744.528(3). Notice of petition for, 5.670(d)–(e), 5.680(d)–(e), 744.524. Order, 5.650(h), 5.670(h), 5.680(g), 744.524, 744.531. Personal representative, guardian named as, 744.528. Petition for, 5.610(f), 5.650(a)–(b), 5.670(a)–(b), 5.680(a)–(b), 744.528. Restoration to capacity of ward, 5.680, 744.521. Retention of funds to pay costs and fees, 5.650(c), 5.670(c), 5.680(c), 744.527(2), 744.534(2)(e). Unclaimed funds held by guardian, disposition of, 744.534. Voluntary guardian, 5.552(e). Disclaimer by. See DISCLAIMER. Disqualification of, 5.650(i)–(j), 744.309(3). Duties and powers, 744.361, 744.369(8), 744.441, 744.444. Education requirements. Generally, 744.3145. Notice of completion of, 5.625. Professional guardians, 744.2002(3)(b), 744.2002(7), 744.2002(10), 744.2003, 744.3145(7).

Emergency temporary, 5.600, 5.648, 744.2005(4), 744.3031. Execution of documents by, 5.610. Exploitation of ward, 744.359. Extraordinary authority, 5.635, 744.3215(4), 744.3725. Fee payable to, 744.108. Fiduciary access to digital assets act, 740.001–740.11. See FIDUCIARY ACCESS TO DIGITAL ASSETS ACT. Fiduciary duty, breach of, 744.446. Final report of, 5.650(c), 5.650(e), 5.660(b), 5.670(c), 5.680(c), 744.511, 744.521, 744.524, 744.527, 744.528, 744.3031(9). Confidentiality, 744.3701. Foreign. See FOREIGN GUARDIAN. Good faith. Acting in good faith, 744.361(3). Hearing. Acts of guardian, approval, 5.630(d). Closing of, 5.540. Recording of, 5.541. Rights of ward, 5.540, 744.1095. Income of ward, application of, 744.397. Initial plan. Adult. Form for initial guardianship plan for adult, 5.904(c). Clerk, review by, 744.368. Contents of, 744.363(1)–(4). Duty to file, 5.555(e)(2), 5.690(a), 744.362(1). Execution of, 5.610(a). Magistrate, review by, 5.095(i), 5.697, 744.369(2). Minors, 5.555(e)(2).

Form for initial guardianship plan for minor, 5.904(a). Modification of, 744.363(5). Objections to, 744.369(7). Period of effectiveness, 744.363(5). Review of. By clerk, 744.368. By court, 744.369. By magistrate, 5.697. Service of, 5.690(b), 744.362(1). Initial report. Clerk, review by, 744.368. Confidentiality, 744.3701. Contents of, 5.690(a), 744.362(1). Court-appointed attorney, duties of, 744.362(2). Duty to file, 5.620(a), 5.690(a), 744.361(6), 744.362(1). Execution of, 5.610(a). Filing of, 5.620(a), 5.690(a), 744.362(1). Hearing, request for, 744.362(1). Inspection of, 5.555(f). Magistrate, review by, 5.095(i), 5.697, 744.369(2). Minors, 5.555(e). Order to file, 744.369(3), 744.3685. Review of. By clerk, 744.368. By court, 744.369. By magistrate, 5.697. Service of, 5.690(b), 744.362(1). Signature on, 5.610(b). Time for, 5.620(a), 5.690(a), 744.362(1). Verified inventory.

Appraisals, 744.381. Audit of, 744.365(6), 744.368(3). Contents of, 744.365(2). Filing of, 5.620(a), 5.690(a), 744.365(1). Safe-deposit box inventory, 5.620(d), 744.365(4). Service of, 5.690(b). Substantiating documents, 5.620(c), 744.365(3), 744.365(5). Interim judicial review of guardian’s actions, 5.705, 744.372(2), 744.3715. Letters of guardianship, 744.345. Form, 5.903. Liability of, 744.358. Limited, 744.102(9), 744.345, 744.361, 744.384(2), 744.2005(1), 744.2005(6). Magistrates. See MAGISTRATES. Minor, of. See CHILDREN OR MINORS. Monitor, court. See COURT MONITOR. Multiple guardians, 744.361(9), 744.374. Natural, 744.301. Neglect of ward, 744.359. Nonprofit corporate, 5.590(b), 744.102(15), 744.309(5), 744.3125(3), 744.3125(4). Nonresident, 5.650(j), 744.309(2). Oath, 5.600, 744.347. Payments to guardian, 744.374. Person of ward. Duties of guardian given authority over person of ward, 744.361(13). Petitions.

See PETITION. Physician report. Form, 5.904(e). Plenary, 744.102(9), 744.345, 744.384(1), 744.2005(1), 744.2005(5). Powers and duties, generally, 744.361, 744.369(8), 744.441, 744.444. Preneed. See PRENEED GUARDIAN. Production of assets by, 5.160, 744.373. Professional. See PROFESSIONAL GUARDIAN. Property of guardianship. Powers and duties of guardian, 744.361(11). Property of ward. Powers and duties of guardian given authority over property, 744.361(10), 744.361(12). Public. See PUBLIC GUARDIAN. Readjudication hearings, 5.800(a). Removal of. Accounting upon. Contents, 744.511. Failure to file, 5.660(d), 744.517. Filing of, 5.660(b), 744.511. Service of, 5.660(b), 744.511. Time for, 5.660(b), 744.511. Adversarial nature of proceeding, 5.025(a). Contempt proceedings, 744.367, 744.517, 744.3685. Notice of proceedings, 5.660(a), 744.477. Proceedings for, 5.660, 744.477. Reasons for, 5.660(a), 744.391, 744.446, 744.474.

Surrender of assets upon, 5.660(c), 744.514. Transfer of property to successor guardian. Failure of removed guardian to comply, 5.660(d), 744.517. Generally, 5.660(c). Representative payee of ward, no requirement to account for social security benefits, 744.3678(5). Resident, of property of nonresident, 744.308. Resident agent for, 5.110. Resignation of, 5.610(h), 5.650, 744.467. Review of actions, judicial, 5.705, 744.369, 744.372, 744.3715. Scope of authority granted by court and provided by law. Acting within scope, 744.361(2). Settlement of claims, 744.387. Confidentiality of reports, 744.3701. Signature, when required, 5.610. Special skills or expertise. Use when acting on behalf of ward, 744.361(5). Standby. See STANDBY GUARDIAN. Statute of limitations, suspension of, 744.394. Successor guardian, appointment of, 5.650(h), 744.471. Surcharge of, 5.025(a). Surrogate, 5.647, 744.102(20), 744.442. Temporary, 5.600, 744.2005(4), 744.3031. Termination of guardianship. Surrogate guardianship, 5.647(d), 744.442(3). Upon change of resident ward’s domicile. Costs, final, 744.527(2). Generally, 5.670(a), 744.524. Notice, publication of, 5.670(d), 744.524.

Objections to termination, 5.670(f)–(h), 744.524. Order of discharge, 5.670(h), 744.524. Petition for discharge of Florida guardian, 5.670(a)–(b). Procedure, 5.670. Report, final, 5.670(c), 744.524, 744.527(1). Service of petition and notice, 5.670(e). Upon removal of ward’s incapacity or death, or inability to locate ward. Costs, final, 744.527(2). Disposition of unclaimed funds, 744.534. Final report, 5.680(c), 744.521, 744.527(1). Generally, 744.521. Hearing, 5.680(f)–(g), 744.527(1). Notice of hearing, 5.680(f). Objections, 5.680(f), 744.527(1). Order of discharge, 5.680(g), 744.531. Petition for discharge, 5.680(a)–(b). Procedure, 5.680. Report, final, 5.680(c), 744.521, 744.527(1). Restoration to capacity, procedure for, 744.464. Voluntary guardianship, 5.552(e), 744.341(5). Title of act, 744.101. Unclaimed property held by, 717.112, 717.1125, 744.534. Veteran’s. See VETERAN’S GUARDIAN. Voluntary, 5.552, 744.341. Ward. See WARD. Who may be appointed, 744.309, 744.312. GUARDIAN AD LITEM.

Appointment. Conservatorship proceeding, 747.031(3). Guardianship proceeding, 5.120(a), 744.391. Minor’s settlement, 5.636(d), 744.3025. Probate proceeding, 5.120(a), 731.303(4). Defined, 744.102(10). Fee, 5.120(d), 744.3025(2). Oath, 5.120(a). Petition for appointment of, 5.120(b). Petition for compensation and discharge, 5.120(d). Recovery of judgments or other relief, 5.120(f). Report of investigation by, 5.120(d). Veteran’s guardianship, final settlement of, 744.646. GUARDIAN ADVOCATE. Appointment of. Advance directives, consideration of, 393.12(7). Generally, 393.12(2), 744.3085. Hearing, 5.540, 393.12(6). Order, 5.649(d), 393.12(8). Form, 5.905(c). Petition for, 5.649(a)–(b), 393.12(3)–(4). Form, 5.905(a). Notice of filing. Form, 5.905(b). Attorney, representation by. Developmentally disabled individual, 393.12(5). Guardian advocate, 5.030(a). Cost, court, 393.12(11). Defined, 5.015(b)(5), 744.102(11).

Duties of, 393.12(10). Guardian generally. See GUARDIAN. Incapacity, determination of, 393.12(1). Issuance of letters, 5.649(e). Letters of guardian advocacy. Form, 5.906. Powers of, 393.12(10). Property of person, authority over, 5.649(a)(6), 5.649(d)(3).

H HEALTH CARE ADVANCE DIRECTIVES. Absence of, 765.401, 765.404. Amendment of, 765.104(1), 765.104(3)–(4). Application of law to incapacitated person, 765.107(2), 765.404. Condition of patient, determination of, 765.306. Definitions, 765.101, 765.102(6). Destruction of, 765.1115. Dissolution of marriage, effect of, 765.104(2). Euthanasia not authorized, 765.309(1). Existing directive, effect of, 765.103. Falsification of, 765.1115. Foreign state, directive executed in, 765.112. Forgery of, 765.1115. Guardianship proceedings, 744.345, 744.3115. Health care providers. Defined, 765.101(7). Disciplinary actions against, 765.110(3). Form provided by, prohibition against, 765.110(2). Immunity from liability, 765.104(3), 765.109. Provision of information to patients, 765.110(1). Review, right to seek, 765.105. Rules applicable to, adoption of, 765.110(4). Transfer of patient by, 765.1105. Health care surrogate. See HEALTH CARE SURROGATE. Health information. Defined, 765.101(9).

Informed consent. Defined, 765.101(9). Judicial intervention, expedited, 5.900, 765.105. Legislative findings and intent, 765.102. Life insurance, effect with respect to, 765.108. Living will. Absence of, procedure, 765.305, 765.401. Amendment of, 765.104(1), 765.104(3). Cancellation of, 765.1115. Condition of patient, 765.107(2), 765.306. Definition, 765.101(13). Destruction of, 765.1115. Falsification of, 765.1115. Forgery of, 765.1115. Form, 765.303. Procedure for making, 765.302. Proceedings under, 765.304. Revocation of, 765.104. Short title, 765.301. Transfer of patient, 765.1105. Medical consent law, effect of, 765.107(1). Mercy killing not authorized, 765.309(1). Minor’s principal. Defined, 765.101(14). Pain management, 765.1103. Palliative care, 765.102(6), 765.1103. Persistent vegetative state, procedure governing person in, 765.404. Preservation of existing rights, 765.106. Primary physician. Defined, 765.101(17).

Proxies. Amendment of, 765.104(4). Definition, 765.101(19). Generally, 765.401. Responsibilities of, 765.401(2)–(3). Revocation of, 765.104(4). Reasonably available, 765.101(20). Revocation of, 765.104. Suicide distinguished, 765.309(2). Surrogates. Defined, 765.101(21). Generally. See HEALTH CARE SURROGATE. Transfer of patient, 765.1105. Vegetative state, persistent, procedure governing person in, 765.404. HEALTH CARE SURROGATE. Absence of health care advance directive, 765.305. Amendment of designation, 765.104(1), 765.104(3). Capacity of principal, 765.107(2), 765.204. Defined, 765.101(21). Designation of. Amendment of, 765.104(3). Form, 765.203. Minor, designation, 765.2038. Generally, 765.202. Minors, designation for, 765.2035. Form, 765.2038. Revocation of, 765.104. Immunity from liability, 765.104(3), 765.109.

Legislative findings and intent, 765.102. Living will. See HEALTH CARE ADVANCE DIRECTIVES. Minors. Designation of surrogate for minor, 765.2035. Form, 765.2038. Responsibilities of, 765.205, 765.305. Restrictions on consent, 765.113. Review of decisions of, 765.105. Revocation of designation, 765.104. Title of act, 765.201. HEIRS. Defined, 731.201(20). Intestate succession. See INTESTATE SUCCESSION. HOLOGRAPHIC WILL, 732.502(2). HOMESTEAD PROPERTY. Community property reinvested as, 732.225, 732.227. Conveyance between spouses, 689.11. Deeds. Waiver of homestead rights through deed, 732.7025. Descent of, 732.401. Determination of, proceedings for, 5.405. Devise of, 732.4015. Disclaimer. See DISCLAIMER. Elective estate. Property entering into, 732.2035. Property excluded from, 732.2045.

Valuation of, 732.2055, 732.2095. Evidence of death, filing of, 5.205(a)(6). Exemption from forced sale, FL Const Art X §4. Designation of. Generally, 222.01(1). Judgment, after filing of, 222.01(2)–(5). Levy, after, 222.02. Notice of homestead, form, 222.01(2). Leaseholds, 222.05. Survey of property by creditor. Generally, 222.03. Sale after, 222.04. Guardian, sale or lease by, 744.441(j). Inter vivos transfer, 732.4017. Inventory, designation in, 5.340(a). Jurisdiction of court, 222.08–222.10. Lien by personal representative against. Amount of. Generally, 733.608(3)–(4). Proceedings to determine, 5.403. Attachment of, 733.608(4). Costs, award of, 733.608(8). Entitlement to, 733.608(3). Foreclosure of, 733.608(3)(b)(1), 733.608(7). Notice of, 5.402, 733.608(3)(a), 733.608(4). Priority of, 733.608(4). Right to, 733.608(3). Satisfaction of, 733.608(6). Termination of, 733.608(5). Transfer of, 733.608(12).

Order determining protected, 5.405(c). Petition to determine protected, 5.405(a)–(b). Possession by personal representative, 5.404, 733.608(2). Power of attorney, conveyance under, 689.111. Power of personal representative over, 733.608. Protected homestead defined, 731.201(33). Summary administration, designation in petition for, 5.530(a)(8). Taxes, estate. Florida. Apportionment of estate tax, 733.817(3). Trust. Community property trust act, 736.151. Devise in trust of homestead. Proceedings to determine protected homestead status, 5.405. Proceedings to determine homestead status of real property. Applicable provisions and procedures, 736.0201. Testamentary and revocable trusts. Homestead protections, 736.1109. Waiver of homestead through deed, 732.7025.

I ILLEGITIMATE PERSON. Intestate succession rights of, 732.108(2), 732.608. Medicare benefits for, 409.910(8). Natural guardian of, 744.301(1). INCAPACITATED PERSON. Defined, 731.201(21), 744.102(12), 744.102(21), 765.101(10). Rights of, 744.3215. INCAPACITY, PROCEDURE TO DETERMINE, 5.550, 744.331(1), 744.3201. Petition to determine incapacity, 744.331, 744.3201. Form, 5.901. Power of attorney. Suspension prior to determination of capacity, 744.3203. Reports, 5.550(e), 744.331. INCOME. Principal and income act. See FLORIDA UNIFORM PRINCIPAL AND INCOME ACT. Trust income. See TRUST. INCOME BENEFICIARY. Defined, 738.102(5). INCOMPETENT. Defined, 765.101(10). INCORPORATION OF WRITING BY REFERENCE, 732.512, 732.515. INFORMAL NOTICE. See NOTICE.

INITIAL GUARDIANSHIP PLAN. See GUARDIAN. INITIAL GUARDIANSHIP REPORT. See GUARDIAN. INJUNCTIONS. Elderly and disabled adult abuse. Adversary proceedings, 5.025(a), 825.1035. Vulnerable adults, protection against exploitation. Denial of injunction. Order denying injunction and notice of hearing. Form, 5.920(c). Final protective injunction. Form, 5.920(d). Petition for injunction, 5.920(a). Temporary protective injunction against exploitation. Form, 5.920(b). IN REM PROCEEDINGS, 731.105, 731.1055, 736.0202. INSURANCE, LIABILITY. Will. Electronic will or codicil. Qualified custodians, 732.525. INSURANCE, LIFE. Advance directive, effect of, 765.108. Cash surrender value, exemption of, 222.14. Disposition of proceeds, 222.13, 732.2075(1)(d). Elective share payable from proceeds of, 732.2075(1)(d). Unclaimed proceeds, 717.107, 717.117(1)(b). INTERESTED PERSON.

Defined, 731.201(23), 736.0111. INTEREST IN PROPERTY. Disclaimer of. See DISCLAIMER. Power of appointment over. See POWER OF APPOINTMENT. INTERIM ACCOUNTING. See ACCOUNTING. INTERROGATORIES. See DISCOVERY. IN TERROREM CLAUSE. Trust, 736.1108. Will, 732.517. INTESTATE SUCCESSION. Adopted persons, 732.108, 732.608. Afterborn heirs, 732.106. Aliens, rights of, 732.1101. Child born out of wedlock, 732.108(2), 732.608. Descendants of decedent, rights of, 732.103. Disclaimers. See DISCLAIMER. Escheat. See ESCHEAT. Generally, 732.101. Generic terms, construction of, 732.608. Halfblood relatives, 732.105. Heirs other than spouse, share of, 732.103. Homestead, 732.401. Illegitimate persons, 732.108, 732.608.

Small estates. Disposition without administration of intestate property in small estates, 735.304. Surviving spouse. Share of, 732.102. Waiver of rights by, 732.301, 732.702. Termination of parental rights, effect of, 732.1081. Waiver of spousal rights, 732.301, 732.702. INVENTORY. Amendments to, 5.340(c), 5.620(b), 733.604(2), 744.384. Appraisal. Guardian, 744.381. Personal representative, 5.340(g), 733.604(3). Audit fee, 744.365(6). Contents, 5.340(a), 733.604(1), 744.365(2). Copy to interested persons who request, 5.340(d). Curator, by, 5.122(e). Elective estate, 5.340(g), 5.360(d)(2). Execution. By guardian, 5.610(b). By personal representative, 5.330(a). Exempt property, 222.061. Extension of time to file, 5.340(b). Filing of, 5.340(a), 733.604(1). Form, 5.910. Guardian. See GUARDIAN. Inspection of, 5.555, 5.620(c), 733.604(1). Notice to nonresiduary beneficiaries, 5.340(f). Personal representative.

Filing by, 5.340(a), 733.604(1). Signature on, 5.330. Safe-deposit box. Decedent, 5.342(a), 733.6065(1). Ward, 5.620(d), 744.365(4). Service of, 5.340(d), 5.342(c), 733.2121(3)(e). Substantiating documents, 5.620(c), 744.365(3), 744.365(5). Supplemental, 5.340(c)–(d), 5.620(b), 733.604(1)–(2), 744.384. Time for. Extension of, 5.340(b). Guardianship, 5.620(a), 5.690(a), 744.362(1). Personal representative, 5.340(a). Verification of, 5.340(h), 5.342(b). Veteran’s guardian, by, 744.621. INVENTORY VALUE. Explanation of determination of, 5.340(g), 733.604(3). Fee determination, as basis for, 733.617(1), 733.6171(3). INVESTMENT OF FIDUCIARY FUNDS. Chapter cumulative, 518.16. Delegation of investment functions, 518.112. Federal Reserve bank, deposits in, 518.116. Generally, 518.11–518.14, 518.117, 710.114. Higher education bonds, investment in, 518.151. Motor vehicle tax anticipation certificates, investment in, 518.15. Power of sale not conferred by statutes, 518.12. Prudent Investor Rule, 518.11. Inapplicability to trust investments, 736.0902. Puerto Rican bonds, investment in, 518.152. School bonds, investment in, 518.15.

Securities, power to deposit in central depository, 518.115. Trustee, by, 736.0901. Veteran’s guardian, by. See VETERAN’S GUARDIAN. ISSUANCE OF LETTERS. Adjudication before, 733.2123. Bond, requirement for, 5.235(a)(2), 5.235(c), 733.402. Guardianship, 744.345. Procedure, 5.235(a)–(b).

J JUDGE. Defined, 5.015(b)(4). Eligibility as guardian, 744.309(1)(b). JUDGMENT. Appeal of. See APPEAL. Motion for rehearing of, 5.020(d). JURISDICTION. Acquisition by notice, 731.301(2). Allegation in petition, 5.020(b). Children or minors. Guardian for. Appointment of, 744.3021(4). Conservatorships, 747.02, 747.03(1). Defect in statement of jurisdictional facts in pleadings, 5.020(a). Estates, settlement of, 717.1242(1). Foreign personal representative, over, 734.201, 734.202. Homestead, proceedings affecting, 222.08–222.10. In rem proceedings, 731.105, 731.1055. Objection to, 5.240(b)(3), 5.240(d), 733.212(2)–(3), 733.2123. Removal of personal representative, 733.505. Retention over guardianships, 744.372. Standby guardianships, 744.304(5). Surrogate guardianships, 744.442(4). Trust proceedings, 736.0201(2), 736.0202, 736.0203. Trust director, jurisdiction over, 736.1415.

K KILLER NOT ENTITLED TO RECEIVE PROPERTY OR BENEFITS, 732.802. Abuse, neglect, exploitation or aggravated manslaughter of elderly person or disabled adult. Forfeiture of benefits, 732.8031. Trust beneficiaries, 736.1104.

L LAND TRUST ACT, FLORIDA, 689.071. LAPSE. Devise, 732.603. Disposition by trust, 736.1106. LAWYERS. See ATTORNEYS. LEGISLATIVE INTENT OF GUARDIANSHIP ACT, 744.1012. LENDER OF PROPERTY EXTENDED TO, 744.461.

TO

GUARDIAN,

LETTERS. Ancillary, 5.470. Curatorship, 5.122(b). Guardian advocacy. Form, 5.906. Guardianship, 744.345. Form, 5.903. Probate. Defined, 731.201(24). Issuance of, 5.235(b). LIABILITY. Claimant, of, 733.812. Damage to estate property, 733.309, 733.6121. Distributee, of, 733.812. Encumbered property, 733.803. Fiduciary access to digital assets act, custodian, 740.06. Guardian, of, 744.358, 744.467.

PROTECTION

Payee, of, 733.812. Personal representative, of. Breach of fiduciary duty, 733.609. Discharge, after, 733.508(2), 733.901(2), 733.5036(2). Environmental laws, violation of, 733.6121. Executor de son tort, 733.309. Individual, 733.619. Purchaser of property. From distributee, 733.813. From guardian, 744.461. Surety, of, 733.404, 733.405, 733.901(2), 744.357. Trustee, of. See TRUSTEE. Will. Electronic will or codicil. Qualified custodians, 732.524. LIEN BY PERSONAL REPRESENTATIVE ON PROTECTED HOMESTEAD. See HOMESTEAD PROPERTY. LIENS ON REAL PROPERTY, RECORDING, 695.01. LIFE INSURANCE. See INSURANCE, LIFE. LIMITATIONS PERIOD. See STATUTES OF LIMITATIONS. LIMITED GUARDIAN. Appointment of, 744.2005(1). Defined, 744.102(9)(a). Duties of, 744.345, 744.361, 744.384(2), 744.2005(6).

LIVING WILL. See HEALTH CARE ADVANCE DIRECTIVES. LOST WILL. See WILL.

M MAGISTRATES. Appointment of, 5.095(a)–(b), 5.697(a)–(b), 744.369(2). Bond, 5.095(e). General, 5.095(a), 5.697(a), 744.369(2). Hearings before, 5.095(f), 5.697(d). Oath of, 5.095(a)–(b), 5.697(a)–(b). Powers of, 5.095(d), 5.697(c). Referral to, 5.095(c). Report of. Contents, 5.095(g), 5.697(e). Exceptions to, 5.095(h), 5.697(f). Filing of, 5.095(h), 5.697(f). Service of, 5.095(h), 5.697(f). Special, 5.095(b), 5.697(b), 744.369(2). MAIL. Service of process and papers. Additional time after service by mail, 5.042. MARRIAGE. Dissolution. See DISSOLUTION OF MARRIAGE, EFFECT OF. Trust. Subsequent marriage, effect on revocable trust, 736.1105. MEDICAID ESTATE RECOVERY ACT, 409.9101. MEDICAID PROGRAM. Notice to, 733.2121(3)(d). Priority of payment to, 733.707(1)(c).

Reimbursement to, 409.910. MEDICAL TREATMENT PROCEDURES, EXPEDITED JUDICIAL INTERVENTION CONCERNING. Health care advance directives. See HEALTH CARE ADVANCE DIRECTIVES. Hearing, 5.900(d). Petition. Contents, 5.900(a). Notice of, 5.900(c). Supporting documentation, 5.900(b). Right to seek, 5.900(a), 765.105. MENTAL INCOMPETENT. Defined, 86.041. MILITARY POWER OF ATTORNEY, 709.2106(4). MILITARY TESTAMENTARY INSTRUMENT, VALIDITY OF, 732.502(3). MINOR. See CHILDREN OR MINORS. MISSING PERSONS, 5.385, 5.680(a), 731.103, 733.209, 744.521. MONITOR, COURT. See COURT MONITOR. MOTIONS. Generally, 5.020(c). Rehearing, for, 5.020(d). Service of, 5.041. Withdrawal of attorney, 5.030(c). MURDERER NOT ENTITLED TO RECEIVE PROPERTY OR BENEFITS, 732.802. Abuse, neglect, exploitation or aggravated manslaughter of elderly

person or disabled adult. Forfeiture of benefits, 732.8031. Trust beneficiaries, 736.1104.

N NATURAL GUARDIAN, 744.301. NEXT OF KIN. Defined, 744.102(14). NONDOMICILIARIES, ASSETS OF, 731.106. Ancillary administration. See ANCILLARY ADMINISTRATION. NONPROFIT CORPORATE 744.309(5), 744.3125(3)–(4).

GUARDIAN,

5.590(b),

NOTARIAL WILL, 5.200(j), 5.210(a)(8), 733.205. NOTICE. Accounting. Final, 5.345(b), 5.400(c), 5.430(h). Interim, 5.345(b). Adjudication of incapacity. Petition for, 5.550(b), 744.331(1). Petition for appointment of guardian based on, 5.560(b). Administration. See ADMINISTRATION. Adversary proceedings, 5.025(d)(1), 5.025(d)(4). Amendment of guardianship plan, 744.371(5). Ancillary administration, 5.065(b)–(c), 5.470(b), 734.102(1). Ancillary administration, short form, 5.475(b), 5.475(e). Appointment, of. Ancillary personal representative, 5.470(b), 734.102(1). Curator, 5.122(c), 733.501(1). Guardian, 5.560(b), 744.331(1). Guardian ad litem, 5.120(c).

744.102(15),

Personal representative, 5.201, 733.212. Resident guardian of nonresident incapacitated person, 744.308(5). Voluntary guardian, 5.552(c), 744.341(1). Approval of act of guardian, 5.630(b), 744.447(2). Approval of settlement of minors’ claims, 5.636(c). Capacity, suggestion of, 744.464(2)(c), 744.464(2)(f). Civil action by or against personal representative or guardian, 5.065(a), 5.065(c). Conservatorship proceedings. Plenary proceedings, 747.031(1). Summary proceedings, 747.051(2), 747.052(3). Creditors, to, 5.241, 5.260(e), 5.475(b), 733.701, 733.2121, 734.102(5), 734.1025(2), 735.206(2), 735.2063. Defined, 5.015(b)(2), 5.015(b)(3), 5.040(c), 731.201(22). Determination of beneficiaries and shares, 5.385. Developmentally disabled person, suggestion of restoration of rights of, 5.681(c). Developmentally disabled person, to, 5.649(b), 393.12(4), 393.12(12). Discharge of guardian, 5.650(d), 5.670(d), 5.680(d), 744.524, 744.528. Discharge of personal representative, 5.400(c). Disqualification of personal representative, 733.3101. Effect of, 731.301(3). Elective share, 5.360(a)–(b). Emergency temporary guardian. Petition for appointment, 744.3031(2). Establishment of lost or destroyed will, 5.510(d). Estate tax return, federal, 5.395. Expedited judicial intervention concerning medical treatment procedures, 5.900(c). Fee petitions, 5.120(d), 744.108(6), 744.641.

Final accounting by personal representative, 5.400(c). Formal. Adversary proceeding, 5.025(b)(3), 5.025(d)(1). Ancillary proceedings, 5.470(b). Curatorship proceedings, 5.122(c). Defined, 5.015(b)(2), 5.040(a), 731.201(18). Destroyed will proceeding, 5.510(d). Elective share, 5.360(a)(2)(B), 5.360(b)(3). Employment and compensation of agent by trustee, 736.0206. Extraordinary authority of guardian, 5.635(b). Extraordinary petition for dower, 5.365. Generally, 5.040(a), 731.301(2), 744.106. Incapacity proceedings, 5.550(b), 744.331(1), 744.3371(2). Lost will proceeding, 5.510(d). Notice of administration, 5.240(a), 733.212. Optional, 5.040(d). Personal representative, service of notice of administration, 5.2405. Receipt and proof of service, 5.040(e). Removal of guardian, 5.660(a), 744.477. Service. See SERVICE. Taking possession of protected homestead, 5.404(c). Waiver of, 5.180, 731.302, 744.106. Guardianship proceedings, generally, 744.106. Incapacity proceedings, 5.550(b), 744.331(1), 744.3371(2). Informal. Defined, 5.015(b)(3), 731.201(22). Formal notice in lieu of, 5.040(d). Generally, 5.040(a)(2), 5.040(b). Service, 5.040(b).

Waiver of, 5.180. Inventory. Notice to nonresiduary beneficiaries, 5.340(f). Lien on protected homestead. See HOMESTEAD PROPERTY. Order authorizing sale of real property where no power conferred, 5.370(b). Possession of protected homestead by personal representative, notice of taking. Contents, 5.404(b). Filing, 5.404(a). Service, 5.404(c). Power of attorney, 709.2121. Removal of guardian, proceedings for, 5.660(a), 744.477. Representative parties, 731.303(3). Request for, 5.060(a). Resignation of personal representative, 5.430(c), 733.502. Sale of personal property of ward, 5.630(b), 744.447(2). Sale of real property, 5.370(b). Service. See SERVICE. Suggestion of capacity, 744.464(2)(c), 744.464(2)(f). Summary administration, notice to creditors, 735.2063. Termination of guardianship, 5.670(d), 5.680(d), 744.524, 744.527(1). Time, enlargement of, 5.042. Time for written defenses, 5.040(a)(1)–(a)(2). Trust Code. Notice under, 736.0109. Waiver. See WAIVER.

NOTICE OF ADMINISTRATION. See ADMINISTRATION. NOTICE OF LIEN ON PROTECTED HOMESTEAD. See HOMESTEAD PROPERTY. NOTICE OF TRUST, 736.05055. NOTICE TO CREDITORS. See CREDITOR. NUNCUPATIVE WILL, 732.502(2).

O OATH. Administrator ad litem, 5.120(a). Conservator, 747.033. Curator, 5.122(b). Department of Revenue agents empowered to administer, 198.07(3). Disinterested person, 733.201(3). Emergency temporary guardian, 5.600, 744.3031(6). Foreign guardian, 5.645(c). General magistrate, 5.095(a), 5.697(a). Guardian, 5.600, 744.347. Guardian ad litem, 5.120(a). Personal representative, 5.320, 733.201(3). Preneed guardian, 744.3045(7). Resident agent, 5.235(a)(3). Special magistrate, 5.095(b), 5.697(b). Surrogate guardian, 5.647(c). Verification, 5.020(e), 731.104, 744.104. Witness attesting to will, 5.230, 733.201(2). OBJECTION. Administration, notice of, 5.240(d), 733.212(2)–(3). Ancillary administration, short form, 5.475(f). Annual report, 5.700, 744.367(4), 744.369(7), 744.372(1). Claim against estate, 5.496, 5.499, 733.705. Elective share. See ELECTIVE SHARE. Final accounting of personal representative, 5.345(b)–(e), 5.400(b), 5.400(d), 5.401.

Final report of guardian, 5.650(f)–(h), 5.670(f)–(h), 5.680(f)–(g), 5.700. Incapacity adjudication. Reports, objection to entry into evidence, 5.550(e). Interim accounting of personal representative, 5.345(b)–(e). Jurisdiction of court, 5.210(c), 5.240(b)(3), 5.240(d), 733.212(2)–(3), 733.2123. Notice of administration, 5.240(b)(3), 5.240(d), 733.212(2)–(3). Petition for discharge, 5.400(b)(6), 5.401, 5.650(d), 5.650(f), 5.680(d), 744.528(2)–(4). Qualifications of personal representative, 5.240(b)(3), 5.240(d), 733.212(2)–(3), 733.2123. Reports, guardianship, 5.650(f)–(h), 5.670(f)–(h), 5.680(f)–(g), 5.700. Suggestion of capacity, 744.464(2)(d)–(2)(f). Suggestion of restoration of rights of developmentally disabled person, 5.681(c)–(d), 393.12(12)(c), 393.12(12)(d). Termination of guardianship, 5.670(b)–(c), 5.680(d), 744.524, 744.527(1), 744.528(2)–(4). Validity of wills, 5.210(c), 5.240(b)(3), 5.240(d), 733.212(2)–(3), 733.2123. Venue, 5.210(c), 5.240(b)(3), 5.240(d), 733.212(2)–(3), 733.2123. OFFICE OF PUBLIC AND PROFESSIONAL GUARDIANS. Access to records by, 744.2104. Budget, preparation of, 744.2009. Direct-support organization, relationship to, 744.2105. Generally, 744.2001, 744.2006. Professional guardians, registration of, 5.560(a)(10), 744.2002. Professional guardians generally. See PROFESSIONAL GUARDIAN. Public guardians generally. See PUBLIC GUARDIAN. OFFICIAL RECORD OF DEATH, 5.171, 5.205, 731.103.

ORDER. Accounting by personal representative, 5.150. Acts of guardian, approving, 5.630(c). Admitting lost or destroyed will to probate, 5.510(e). Adversary proceedings, 5.025(c)–(d). Alternatives to guardianship, specifying, 5.685. Ancillary administration, short form, 5.475(d). Annual report, 744.369(3), 744.369(5), 744.3685. Appeal of, 5.100. Application to court for, 5.020(c). Appointment, of. Conservator, 747.032. Court monitor, 5.720(b), 5.725(b), 744.107(1), 744.1075(1), 744.1076(1). Curator, 5.122(b). Emergency temporary guardian, 5.648(d). Guardian, 744.2005. Guardian ad litem, 5.120(c), 5.120(e). Personal representative, 5.235(a)(1). Approving act of guardian, 5.630(c), 744.451. Compulsory payments, 5.380(b), 733.802(2). Conservator. Appointment of, 747.032. Summary procedure, 747.051, 747.052. Continuance of unincorporated business, 5.350(c), 5.640(a)–(c). Death, filing copy of official record of, 5.205(c). Delivery of personal property, 733.802(2). Destroyed will, admitting to probate, 5.510(e). Determination of beneficiaries, 5.385(c). Directing payment from one guardian to another, 744.374. Discharge of guardian, 5.650(h), 5.670(h), 5.680(g), 744.524, 744.531.

Discharge of personal representative, 5.400(e), 5.430(k). Discontinuing unincorporated business of decedent, 5.350(d), 5.640(e). Elective share. See ELECTIVE SHARE. Establishing lost or destroyed will, 5.510(e). Exempt property, determining, 5.406(c). Extending time period, 5.042(b). Family allowance, determining, 5.407(c). Fiduciary access to digital assets act, order directing custodian to comply, 740.06. Final distribution, 5.400(e). Guardian advocate generally. See GUARDIAN ADVOCATE. Guardians, appointment, 744.2005(1)–(3). Form for petition and order of guardian, 5.902. Guardianship report, filing of, 744.369, 744.3685. Homestead property, determining, 5.405(c). Incapacity, adjudicating, 744.331(6), 744.2005. Lost will, admitting to probate, 5.510(e). Nonresident ward, managing property of, 5.645(e). Objection to petition for discharge, 5.401(e). Partial distribution, 5.380(b), 733.802(2). Payment of devise, 5.380(b), 733.802(2). Production of assets, requiring, 5.160, 744.373. Protecting ward, 744.107(3), 744.371, 744.1075(3)–(4). Refund of excessive compensation, 5.355. Rehearing of, motion for, 5.020(d). Resignation of guardian, 5.650(a), 744.467. Resignation of personal representative, 5.430(k). Restoration of capacity, 744.464(3).

Restoration of rights of developmentally disabled person, 5.681(e), 393.12(12). Sale of property, 5.370(b), 5.630(c), 733.613, 744.441(j), 744.441(n), 744.451, 744.457(1), 744.631. Settling claim by or against guardian, 744.387. Subsequent administration, 5.460(c), 733.903. Summary administration, 5.530(d), 735.206. Surrender of real property, 733.802(2). Termination of guardianship. Change of ward’s domicile, 5.670(h), 744.524. Removal of ward’s incapacity, death of ward, inability to locate ward, or exhaustion of ward’s assets, 5.680(g), 744.531. Undue delay in adversary proceedings, preventing, 5.025(d)(3). Unincorporated business. Accounting for, 5.350(d). Continuance of, 5.350(c), 5.640(a)–(c). Termination of, 5.350(d), 5.640(e). Ward, protection of, 744.107(3), 744.371, 744.1075(3)–(4). Wills. Probate of will without administration, 5.210(d). ORGAN AND TISSUE DONATION. See ANATOMICAL GIFTS.

P PARENT. Defined, 731.201(27). PARTITION FOR PURPOSE OF DISTRIBUTION, 5.025(a), 733.814. PERMISSIBLE DISTRIBUTEE. Defined, 736.0103(13). PERSONAL PROPERTY. Disposition of without administration, 5.420, 735.301. Payment to successor without court proceedings, 735.303. Small estates. Intestate personal property in small estates, 5.425, 735.304. Entailed estates, 689.14. Estates by survivorship, doctrine of, 689.15. Exemption from levy. Defendant’s right of selection, 222.07. Generally, 222.061. Injunction against sale, 222.09. Jurisdiction of courts, 222.08. Wages. See WAGES. Rule against perpetuities. Cemeteries, effect on disposition of property for, 689.13. Generally, 689.225. Separate writing disposing of, 732.512, 732.515. Small estates. Disposition of without administration. Intestate personal property in small estates, 735.304. Trust, inter vivos, validity of, 689.075.

Ward’s, sale of, 5.630(b), 744.447(2). PERSONAL REPRESENTATIVE. Accounting by. See ACCOUNTING. Address designation, 5.110(a). Ancillary administration, 734.102, 734.1025. Appointment of. Claim filed in ancillary proceeding, after, 734.1025(2). Debtor as, 733.306. Nonresidents, 733.304. Persons not qualified, 733.303. Petition for, 5.200. Preference in, 733.301. Trust companies and associations, 733.305. Who may be appointed, 733.302. Attorney, 5.030(a). Bond of, 5.235(a)(2), 733.402, 733.403. Claim, proof of, 5.498, 733.703(2), 733.705(4). Service of claim by personal representative, 5.490(e). Compensation of, 5.355, 5.400(b), 733.612(19), 733.617, 733.707(1), 733.6175. Compulsory payment of devise by, 5.380, 733.802. Continuance of decedent’s business by, 5.350. Death of, 733.307. Debtor as, 733.306. Defined, 731.201(28). Discharge. Effect of, 733.901(2). Florida estate tax, liability for, 198.19. Order of, 5.400(e), 5.401(f), 5.430(k).

Petition for. Contents of, 5.400(a)–(b), 5.430(g). Execution of, 5.330(g). Objections to, 5.401, 5.430(i). Service of, 5.400(c), 5.430(i). Waiver of, 731.302. Disclaimer by. See DISCLAIMER. Disqualification of, 5.310, 733.303, 733.304, 733.3101. Distribution by. See DISTRIBUTION. Duties and powers of. Accrual, time of, 733.601. Breach of fiduciary duty, 733.609. Creditors, duties to, 733.2121. Generally, 733.602, 733.608. Improper exercise of, 733.609. Possession of estate, 733.607. Sale of real property by, 5.370, 733.613. Successor personal representative, 733.614. Transactions authorized, 733.612. Unclaimed property, as to, 717.112, 717.1125, 717.1242, 717.12405, 733.816. Without court order, 733.603, 733.612. Elective share. See ELECTIVE SHARE. Environmental laws, protection against violation of, 733.6121. Escheat proceedings initiated by, 5.386. Estate tax. Discharge from liability for state, 198.19.

Filing notice of federal, 5.395. Exculpation of by will, 733.620. Execution of documents by, 5.330. Fiduciary access to digital assets act, 740.001–740.11. See FIDUCIARY ACCESS TO DIGITAL ASSETS ACT. Fiscal year, election of, 5.345(a)(1). Foreign. Defined, 731.201(17). Filing of authenticated transcript of foreign proceedings by, 5.470, 5.475, 734.104, 734.1025(1). Generally, 734.101. Jurisdiction over, 734.201, 734.202. Service and publication of notice to creditors by, 734.1025(2). Guardian subsequently appointed as, 744.528. Interim accounting, filing, 5.345, 5.346, 5.346–Appendix A. Inventory, filing, 5.340, 733.604. Joint, 733.615. Liability of. Breach of fiduciary duty, 733.609. Discharge, after, 733.901(2). Environmental laws, violation of, 733.6121. Exculpatory clause in will, 733.620. Executor de son tort, 733.309. Individual, 733.619, 733.2121(3)(b). Lien on protected homestead by. See HOMESTEAD PROPERTY. Nonresidents as, 733.304. Oath of, 5.320, 733.201(3). Payment of compensation to, review of, 5.355, 733.6175. Petition for administration.

Statement of qualification to serve, 5.200(k). Preference in appointment of, 732.702(1), 733.301. Production of assets by, 5.160. Proof of claim by, 5.498, 733.703(2), 733.705(4). Protection for persons dealing with, 733.611. Removal of. Accounting required, 5.345, 5.440(b), 733.508(1). Adversary nature of proceeding, 5.025(a). Appointment of successor, 733.5061. Causes for, 733.504. Jurisdiction, 733.505. Proceedings for, 5.440, 733.506. Surrender of assets, 5.440(c), 733.508(2), 733.509. Resident agent for. See RESIDENT AGENT. Resignation of. Acceptance of, 5.430(e). Accounting required, 5.430(g), 733.5036(1). Appointment of successor, 5.430(d), 733.503. Delivery of records and property by, 5.430(f), 5.430(j). Discharge following, 5.430(k), 733.5036(2). Execution of, 5.330(h). Generally, 5.430(a), 733.502. Knowledge that he or she is not qualified, 733.3101. Petition for. Contents of, 5.430(b). Filing of, 5.430(b). Service of, 5.430(c). Verification of, 5.430(b). Surrender of assets, 5.430(a), 733.5035, 733.5036(2).

Review of employment of agents by, 733.6175. Safe-deposit box, access to. See SAFE-DEPOSIT BOX. Sale of real property, by, 5.370, 733.613. Sale or encumbrance to representative or spouse, agent or attorney of representative, 733.610. Service of notice of administration on personal representative, 5.2405. Signature, when required, 5.330. Succession of, 733.307. Successor. Appointment of, 5.430(d), 733.307, 733.503, 733.5061. Powers and duties of, 733.614. Surcharge of, 5.025(a). Surviving, 733.616. Transactions authorized for, 733.612. Trust companies and associations as, 733.305. Unclaimed property. Claims to, 717.1242, 717.12405. Held by, 717.112, 717.1125, 733.816. Unqualified persons, 733.303. Who may be appointed as, 733.302. PER STIRPITAL DISTRIBUTION. Devises, 732.603, 732.611. Intestate succession, 732.104. PET, TRUST FOR CARE OF, 736.0408. PETITION. Adjudication of incapacity, 5.550, 744.331. Administration. Ancillary, 5.470(a).

Generally, 5.200, 733.202. Notice, 5.201, 733.2123. Administrator ad litem, appointment of, 5.120(b). Admission of will to probate without administration, 5.210(a)–(b). Alternatives to guardianship, 5.685(b)–(d). Ancillary administration, 5.470(a). Appointment. Administrator ad litem, 5.120(e). Conservator, 747.03. Curator, 5.122(a). Emergency temporary guardian, 5.648(a), 744.3031(1), 744.3201(3). Guardian, 5.555(c), 5.560, 744.331(1), 744.334, 744.3201(3). Guardian ad litem, 5.120(b)–(c), 5.120(e). Guardian advocate, 5.649(a)–(b), 393.12(3)–(4). Personal representative, 5.200. Preneed guardian, 744.3045(7). Resident guardian of nonresident ward, 744.308(1)–(3). Standby guardian, 5.646, 744.304(1)–(2). Veteran’s guardian, 744.616. Voluntary guardian, 5.552(a)–(c), 744.341. Approval of acts of guardian, 5.610(e), 5.630(a), 744.447(1). Assignment of dower for widow, 5.365. Changing residence of ward, 744.1098. Commissioner to prove will, appointment of, 5.230(a). Compensation. Attorney, 744.108(5)–(7). Guardian, 744.108(5)–(7), 744.641. Guardian ad litem, 5.120(d). Personal representative and estate employees, review of propriety of fees, 5.355.

Compulsory payment of devises or distributive interests, 5.380(a). Conservatorship. Establishment of. Plenary procedure, 747.03. Summary procedure, 747.051, 747.052. Termination of, 747.04(1). Contents of, 5.020(b). Continuance of unincorporated business. By guardian, 5.640(b), 744.441(m). By personal representative, 5.330(d), 5.350. Defined, 731.201(29). Determination of beneficiaries and shares, 5.385(a)–(b), 733.105(1). Determination of homestead, 5.405(a)–(b). Determination of incapacity, 5.550, 744.331(1), 744.331(4)–(5), 744.3201. Form, 5.901. Discharge. Guardian, 5.552(e), 5.610(f), 5.650(a)–(b), 5.670(a)–(b), 5.680(a)–(d), 744.528. Personal representative, 5.330(g), 5.400, 5.430(g). Veteran’s guardian for minor ward, 744.643. Dower, assignment of, 5.365. Elective share, determination of amount of. See ELECTIVE SHARE. Establishment and probate of lost or destroyed will, 5.510(b). Execution, when required. Guardian, 5.610. Personal representative, 5.330. Exempt property, determination of, 5.406(a)–(b), 732.402(6). Expedited judicial intervention concerning medical treatment procedures, 5.900(a).

Extraordinary authority of guardian, 5.635(a). Family allowance, determination of, 5.407(a)–(b). Grounds for relief, allegation of, 5.020(b). Guardian advocate generally. See GUARDIAN ADVOCATE. Guardians, appointment. Contents, 5.020(b), 5.560(a), 744.334. Form for petition and order of guardian, 5.902. Homestead property. Determination of, 5.405(a)–(b). Determination of amount of lien on, 5.403, 733.608(3)(a). Incapacity, determination of, 5.550, 744.331(1), 744.331(4)–(5), 744.3201. Adjudicatory hearing, 5.550(f). Examining committee, 5.550(e). Interim judicial review of guardian’s actions, 5.705, 744.3715. Jurisdiction, allegation of, 5.020(b). Later will, probate of, 733.208. Lien on protected homestead, determination of, 5.403, 733.608(3)(a). Lost or destroyed will, probate of, 5.510(b). Managing Florida property of nonresident ward, 5.645(a), 744.307(1). Missing person, administering estate of, 733.209. Payment from one guardian to another, 744.374. Pleadings generally. See PLEADINGS. Production of property, 5.160, 744.373. Production of will, 732.901(2). Relief sought, allegation of, 5.020(b). Removal of guardian, 5.660(a), 744.391. Removal of personal representative, 5.310, 5.440(a), 733.505. Requiring filing of death certificate, 5.205(c).

Residence of ward, changing, 744.1098. Resignation of personal representative, 5.330(h), 5.430(b), 5.430(g). Restoration of rights of developmentally disabled person, 393.12(12). Review of compensation of personal representative, 5.355. Revocation of probate, 5.270(a), 733.208. Sale of property, 5.330(c), 5.370(a), 5.630(a), 744.441(j), 744.441(n), 744.447, 744.451, 744.631. Service of, generally, 5.041. Settlement of claim, approval of, 5.636(b)–(c). Signature, when required, 5.330, 5.610. Subsequent administration, 5.460(a)–(b). Summary administration, 5.530(a), 735.203, 735.2055. Support of ward’s dependents, 744.421, 744.625. Surrogate guardian, designation of, 5.647, 744.442(2)(a). Termination of guardianship, 5.680(a), 5.680(d), 744.524. Verification of, 5.020(e), 731.104, 744.104. Waiver. Audit fee, 744.365(6), 744.3678(4). Bond, fiduciary, 733.402(4). PLANS, INITIAL AND ANNUAL. See GUARDIAN. PLEADINGS. Caption of, adversary proceedings, 5.025(d)(5). Copies, request for, 5.060(a). Defects in form, 5.020(a). Form of, 5.020(a). Motions, 5.020(c). Petition, contents of, 5.020(b). Petition, generally.

See PETITION. Service of. See SERVICE. Signature required, 5.020(a), 5.330, 5.610. Technical forms abolished, 5.020(a). Verification, 5.020(e), 731.104, 744.104. PLENARY GUARDIAN. See GUARDIAN. POWER OF APPOINTMENT. Defined, 731.201(30), 732.2025(3), 736.0103(7). General power of appointment defined for purposes of transfers to minors provisions, 710.102. Disclaimer of property passing under. See DISCLAIMER. Qualifying, defined, 732.2095(1)(b). Release. Effect of, 709.04. Method of, 709.02. Prior release, validation of, 709.05. Tax laws, powers included, 709.06. Title to property held by bona fide purchaser for value without knowledge of release, validity of, 709.07. Trust, property held in, 709.03. Representation by holder of, 731.303, 736.0302. Trust. Directed trust. Exclusions from provisions, 726.1403. Release of power, 709.03. Validity of, 689.225.

POWER OF ATTORNEY. Acceptance, 709.2119(2). Applicability of provisions, 709.2103. Appointment acceptance, 709.2113. Attorneys’ fees and costs, 709.2116(3). Authority, 709.2201. Banks, 709.2208, 709.2302. Citation of provisions, 709.2101. Co-agents, 709.2111(1), 709.2111(6). Compensation, 709.2112(2)–(3). Conflicts of interest, 709.2116(4)–(5). Copies, 709.2106(5). Court powers, 709.2116(1). Definitions, 709.2102. Disclosures, 709.2114(6). Durable, 709.2104. Duties, 709.2114(2). Effective date, 709.2108. Effectiveness, 709.2107. Electronically transmitted copies, 709.2106(5). Electronic signatures in federal law and, 709.2401. English translations, 709.2119(4). Executions, 709.2105. Existing powers of, 709.2402. Exoneration, 709.2115. Expertise, 709.2114(4). Fiduciary access to digital assets act, 740.001–740.11. See FIDUCIARY ACCESS TO DIGITAL ASSETS ACT. Fiduciary duties, 709.2114(1). Financial institutions, 709.2208, 709.2302.

Good faith, 709.2114(3). Homestead, conveyance of, 689.111. Law and equity principles, 709.2301. Liability, 709.2117. Meaning of, 709.2107. Military power of attorney, 709.2106(4). Notice, 709.2121. Out-of-state executions, 709.2106(3). Principal physically unable to sign or initial, 709.2202. Property value declines, 709.2114(5). Qualifications, 709.2105. Recordation by clerk, 709.2106(6). Reimbursement, 709.2112(1). Rejection of power, 709.2120. Reliance on, 709.2119(1), 709.2119(3). Relief petitions, 709.2116(2). Remedies, 709.2303. Resignation, 709.2118. Revocation, 709.2110. Signed enumeration authority, 709.2202. Successor agents, 709.2111(2)–(5). Suspension, 709.2109. Incapacity determination, suspension of power before, 744.3203. Termination, 709.2109. Unclaimed property, 717.135. Validity, 709.2106. PRENEED GUARDIAN. Alternate, 744.3045(6). Defined, 744.102(16).

Generally, 744.312(4), 744.3045. Minor, for, 744.3046. PRESERVATION OF WILL, 732.901. PRETERMITTED CHILDREN, 732.302, 732.507(1), 733.805(1). PRETERMITTED SPOUSE, 732.301, 732.507(1), 732.702(1), 733.805(1). PRIVATE CONTRACTS, 733.815. PROBATE. Administration. Ancillary, 5.470, 734.102, 734.1025. Notice of. Generally, 5.240, 733.212. Petition for administration, 5.201, 733.2123. Petition for, 5.200, 733.202. Probate without administration, 5.210. Admission of foreign will to, 5.216, 734.102, 734.1025. Authenticated copy of will, 5.200(j), 5.210(a)(8), 5.215, 5.470(a), 5.470(c), 5.475(a), 733.206(2). Caveat. See CAVEAT. Claim, form and manner of presenting, 5.490, 733.703. Commission to prove will. Commissioner, appointment of, 5.230(a). Filing of, 5.230(d). Generally, 5.230(b), 733.201(2). Mailing of, 5.230(c). Petition, 5.230(a). Construction of will, as prerequisite to, 733.213. Continuance of decedent’s business, 5.350. Definitions, 731.201.

Destroyed or lost will, 5.510, 733.207. Disposition of personal property without administration, 5.420, 735.301. Intestate property in small estates, 735.304. Payment to successor without court proceedings, 735.303. Effect of, 733.103. Elective share. See ELECTIVE SHARE. Electronic will or codicil, 732.526. Self-proved electronic will. Probate of self-proved electronic will, 733.201. Evidence, 5.170. Execution by personal representative, 5.330. Foreign language, will written in, 5.216, 733.204. Foreign probate of will of Florida resident, procedure following, 733.206. In rem proceeding, 731.105, 731.1055. Inventory, 5.340, 733.604. Later will, discovery of, 733.208. Lost or destroyed will, 5.510, 733.207. Notarial will, 5.200(j), 5.210(a)(8), 733.205. Notice of administration, 5.240, 733.212. Oath. Personal representative, 5.320, 733.201(3). Witness to will, 5.230, 733.201(2). Objections, 5.240(b)(3), 5.240(d), 733.212, 733.2123. Petition for administration, 5.200, 733.202. Petition for admission of will, 5.210. Pleadings. Service of pleadings and documents, 5.041. Precious metals. Defined, 731.1065.

Proof of wills, 733.201. Revocation of, 5.025(a), 5.270, 733.109. Service of pleadings and documents, 5.041. Creditors’ claims against estates. Objections to claims, 5.496. Personal representative’s proof of claim, 5.498. Objection to, 5.499. Presentation of claims. Service by personal representative, 5.490. Wills. See WILL. Without administration, 5.210. Witness, oath of, 5.230, 733.201(2). PRODUCTION OF ASSETS, REQUIRING, 5.160, 744.373. PRODUCTION OF WILL, 732.901. PROFESSIONAL GUARDIAN. Appointment of, petition for, 744.334(2). Assessment of ward’s condition by, 744.361(14). Banking corporation as, 744.2002(7). Bond, 744.2002(3)(b), 744.2003(2). Borrowing from ward prohibited, 744.454. College or university as, 744.2002(10). Complaints against, review and investigation, 744.2004(1). Credit and criminal investigation, 744.2002(4)–(5), 744.3135. Defined, 744.102(17). Department of Elderly Affairs, rules to implement disciplinary provisions, 744.2004(6). Disciplinary proceedings. Available sanctions, 744.20041(2).

Determination as to sanction imposed, 744.20041(3). Establishment of procedures, 744.2004(2). Grounds for discipline, 744.20041(1). Injunction or writ of mandamus, 744.20041(7). Legislative intent of guidelines, 744.20041(5). Mitigating and aggravating circumstances, 744.20041(6). Review of disciplinary guidelines prior to imposition of sanction, 744.20041(4). Revocation, permanent nature, 744.20041(8). Rulemaking to administer provisions, 744.20041(11). Uniform discipline as purpose of provisions, 744.20041(10). Education and training, 744.2002(3)(b), 744.2003, 744.3145(7). Examination of competency, 744.2003(6)–(10). Grounds for discipline, 744.20041(1). Information and transparency. Database of information, 744.2112. Petition for appointment of, 744.334(2). Registration, 5.560(a)(10), 744.2002. Profiles of registered professional guardians. Publication on office website, 744.2001. Regulation of, 744.2003. Savings association as, 744.2002(7). Surrogate guardian, 5.647(a). Suspension or revocation of registration, determination provided to courts, 744.2004(4), 744.20041(9). Trust company as, 744.2002(7). Visits to ward, duty to make, 744.361(14). Vulnerable adult, report of misconduct involving, 744.2004(5). Written notices required prior to suspension or revocation of registration, 744.2004(3).

PROOF OF SERVICE, 5.040(a)(6). Formal, 5.040(e). Persons served, 5.040(a)(4). Persons served, 5.040(a)(4). PROOF OF WILLS, 733.201. PROPERTY. Abandonment of, 733.612(9). Abuse, neglect, exploitation or aggravated manslaughter of elderly person or disabled adult. Forfeiture of benefits, 732.8031. Ademption, 732.605, 732.609. Appraisal. See APPRAISAL. Assets. See ASSETS. Community. See COMMUNITY PROPERTY. Defined. Guardianship, 744.102(18). Probate, 731.201(32). Trust, 736.0103(15). Disposition without administration, 5.420, 735.301. Intestate property in small estates, 735.304. Payment to successor without court proceedings, 735.303. Estates. See ESTATE. Exempt, 5.406, 732.402. Homestead. See HOMESTEAD PROPERTY.

Inventory. See INVENTORY. Killer not entitled to receive, 732.802. Trust beneficiaries, 736.1104. Partition, 733.814. Personal property. See PERSONAL PROPERTY. Production of, 5.160, 744.373. Real property. See REAL PROPERTY. Subsequently discovered, 5.340, 744.384. Surrender of. By removed guardian, 5.660(c), 744.514. By removed personal representative, 5.440(d). Unclaimed, disposition of. See UNCLAIMED PROPERTY. PROTECTED HOMESTEAD. See HOMESTEAD PROPERTY. PROXY. See HEALTH CARE ADVANCE DIRECTIVES. PRUDENT INVESTOR RULE. See INVESTMENT OF FIDUCIARY FUNDS. PUBLICATION. Notice of termination of guardianship, 5.670(b), 744.524. Notice to creditors, 5.241(a), 5.241(c), 5.475(b), 733.701, 733.2121(1), 733.2121(2), 734.102(5), 734.1025(2), 735.2063. PUBLIC GUARDIAN. Annual report of operations, 5.710(d), 744.2103(3). Application for appointment of, 5.590(d).

Appointment of, 5.560, 744.2006(2), 744.2006(5)–(6). Bond by, 744.351(5), 744.2102. Budget, preparation of, 744.2009. Confidential information, 744.2111. Costs of, 744.2008. Emergency temporary guardian, as, 5.648. Grant program to develop local offices. Administration of, 744.2107. Application requirements, 744.2109. Distribution of funds, 744.2106, 744.2109(2), 744.2109(4). Eligibility requirements, 744.2108. Generally, 744.2106. Purpose, 744.2106. Office of Public and Professional Guardians, 744.2001, 744.2006(1). Part-time, 744.2006(3). Powers and duties of, 5.710, 744.2007. Procedures and rules, 744.2101. Public records. Exemption from required disclosures, 744.21031. Records, access to, 744.2104. Removal of, 744.2006(5). Reports by, 5.710, 744.2103. Requirements for, 744.309(1), 744.2006(2)–(4). Service of petition and notice in appointment of guardian, 5.560(c). Suspension of, 744.2006(5). PURCHASER OF PROPERTY, PROTECTION EXTENDED TO. Distributee, from, 733.813. Guardian, from, 744.461.

R REAL PROPERTY. Acknowledgment or authentication of instrument. Armed forces, members of, 695.031. Certificate of officer taking, 695.04. Defects cured, 695.05, 695.06. Form of, 695.25. General requirements, 695.03. Identity of grantor, determination of, 695.09. Scrawl or scroll, use of, 695.07, 695.08. Short form of, 695.25. Uniform Commercial Code, exceptions for transactions under, 695.032. Venue, validation of irregularities as to, 695.06. Warranty deed, 689.04. Ad valorem taxes, disclosure of, 689.261. Appraiser, county property, schedule of recorded conveyances furnished to, 695.22. Armed forces, members of. Acknowledgment or authentication of instrument by, 695.032. Termination of purchase agreement by, 689.27. Cemeteries, disposition for care in, 689.13. Common recovery, conveyance by, 689.08. Community real property. See COMMUNITY PROPERTY. Custodian of individual retirement plan or qualified plan, transfer to or by, 689.072. Death on, failure to disclose, 689.25. Deed, warranty.

Acknowledgment of, 689.04. Effect of, 689.03. Execution of, 689.04. Form of, 689.02. Disclosures. Ad valorem taxes, 689.261. Death on property, 689.25. HIV infection in occupant of real property, 689.25. Sewers. Sanitary sewer laterals, defects. Disclosure to prospective purchasers, 689.301. Entailed estates, 689.14. Estates by survivorship, doctrine of, 689.15. Execution of petition for sale or confirmation of sale or encumbrance of, 5.330. Fine, conveyance by, 689.08. Florida Land Trust Act, 689.071. Foreign will, admission to pass title and interest, 734.104. Forfeiture provisions, 689.18. Guardian, purchase or sale by, 744.441(j), 744.441(n), 744.447, 744.451, 744.457(1). HIV infection in occupant of real property, failure to disclose, 689.25. Homestead. See HOMESTEAD PROPERTY. Husband and wife. Conveyance between, 689.11, 689.111(2). Conveyance to, 689.115. Land trusts, 689.071. Limitation, absence of words of, 689.10. Method of conveyance, 689.01.

Minerals, limitations on use of term, 689.20. Order directing surrender, 5.380(b)(4), 733.802(2). Partition, 733.814. Partnership, conveyance to or by, 689.045. Recording of conveyances. Acknowledgment or authentication, requirement of, 695.03. Blank form of mortgage or other instrument, 695.02. Certificate of record. Lack of, 695.13. Unsigned, 695.14. Certified copies of instruments, 695.19. Contracts of record, unperformed, 695.20. Electronic. Applicability of provisions, 695.28(2). Generally, 695.27. Validity, 695.28(1). Filing, instruments deemed recorded from time of, 695.11. Fire, destruction of recorded instruments by, 695.15, 695.16. Generally, 695.01, 695.25. Governmental agencies. Conveyances between, 695.015. United States deeds and patents, 695.17, 695.18. Imperfect record, 695.12. Master form of mortgage or other instrument, 695.02. Proof of handwriting of deceased grantor and witnesses, 695.10. Requirements for, generally, 695.26. Schedule of recorded conveyances furnished to county property appraiser, 695.22. Uniform Real Property Electronic Recording Act. Applicability of provisions, 695.28(2).

Generally, 695.27. Validity, 695.28(1). Recording of liens, 695.01. Reverter provisions, 689.18. Right of entry. Subsurface rights, disclosure to prospective purchasers, 689.29. Rule against perpetuities. Cemeteries, effect on disposition of property for, 689.13. Generally, 689.225. Sale of to pay estate tax, 198.24. Sale of when no power conferred. Notice of public sale, 5.370(b). Order, 5.370(b), 5.630(c), 733.613(1), 744.451, 744.457(1)(b). Petition, 5.370(a), 744.441(j), 744.441(n), 744.447. Sale of when power conferred, 733.612(2), 733.612(5), 733.613(2)–(3). Scrivener’s error. Curative procedure for scrivener’s error in deeds, 689.041. Shelley’s Case, abolishment of rule in, 689.17. State lands conveyed for educational purposes, 689.12. Statute of uses, deed under, 689.09. Subsurface rights. Disclosure to prospective purchasers, 689.29. Taxes, ad valorem, disclosure of, 689.261. Termination of purchase agreement by servicemember, 689.27. Transfer fee covenants, prohibition against, 689.28. Trust estate. Conveyance of, 689.06. Declarations of, 689.05. Individual retirement account trustee, transfers to or by, 689.072. Inter vivos trust, validity of, 689.075.

Land trusts, 689.071. Powers conferred on trustee in recorded instrument, 689.073. Qualified plan trustee, transfers to or by, 689.072. “Trustee” or “as trustee” added to name of grantee, effect of, 689.07. Variances of names in recorded instruments, 689.19. Windstorm mitigation rating, disclosure of, 689.261. Worthier title, abolishment of doctrine of, 689.175. RECORD. Appeals, 744.109(2). Death, of, 5.171, 5.205, 731.103. Hearings, 5.541, 744.109(1). Incapacity determination, reports, 5.550(e). Public guardian. Public records. Exemption from required disclosures, 744.21031. REEMPLOYMENT ASSISTANCE. Deceased employees, 222.15(2), 222.16. REHEARING, MOTION FOR, 5.020(d). RELIEF, ALLEGATION OF. Motion, in, 5.020(c). Petition, in, 5.020(b). REMAINDER BENEFICIARY. Defined, 738.102(11). REMOVAL. Curator, 733.501(4). Guardian. See GUARDIAN. Personal representative.

See PERSONAL REPRESENTATIVE. Trustee, 736.0706. REPORTING. See RECORD. REPRESENTATION. Estates, 731.303. Trusts. See TRUST. REPRESENTATIVE. See PERSONAL REPRESENTATIVE. REQUEST FOR NOTICES AND COPIES OF PLEADINGS, 5.060(a). RESIDENCE. Defined, 731.201(34). Ward’s, change of, 744.1097(3), 744.1098. RESIDENT AGENT. Acceptance. Effect of, 5.110(f). Filing of, 5.110(b). Writing, requirement of, 5.110(d). Address designation, 5.110(a)–(b). Attorney as, 5.110(b)–(c). Caveator, of, 5.260(c). Corporate fiduciaries exemption for, 5.110(b). Curator, of, 5.122(b). Death of, 5.110(g). Designation of for service of process, 5.110(b), 5.110(f). Guardian of nonresident ward, designation by, 5.645(b), 744.307(2). Incorporation of designation in other pleadings, 5.110(e).

Residency requirement, 5.110(b)–(c). Resignation of, 5.110(g). Successor, appointment of, 5.110(g). RESIGNATION. Custodian, 710.121(3), 710.121(5). Guardian, 5.610(h), 5.650, 744.467. Personal representative. See PERSONAL REPRESENTATIVE. Resident agent, 5.110(g). Trustee, 736.0705. RETAINED ASSET ACCOUNTS. Unclaimed proceeds, 717.107. REVOCATION. Anatomical gift, 765.516. Probate, 5.025(a), 5.270, 733.109. Will. See WILL. RULE AGAINST PERPETUITIES. Cemeteries, effect on disposition of property for, 689.13. Generally, 689.225. RULES OF APPELLATE PROCEDURE, APPLICABILITY OF, 5.100. RULES OF CIVIL PROCEDURE. Adversary proceedings, 5.025(d)(2). Applicability of, generally, 5.010. Depositions, 5.080(a). Discovery, 5.080(a). Objections to venue or jurisdiction of court, 5.240(d). Process, service of, 5.040(a)(3)(B). Subpoenas, 5.080(a)(14).

Transfer of proceedings, 5.050(a). Trust. Notice of judicial proceeding involving, 736.0109(6). Proceedings involving, generally, 736.0201(1).

S SAFE-DEPOSIT BOX. Adverse claims to contents of, 655.938. Authority to engage in business, 655.931. Death of lessee. Delivery of contents to fiduciary, 655.935, 655.936. Lack of knowledge of, effect of, 655.934. Search procedure after, 655.935. Definitions, 655.93. Fiduciaries. Access to box by, 655.933, 655.936, 655.937, 733.6065. Delivery of contents to, 655.936, 733.6065. Inventory of. Decedent’s, 5.342, 655.937(5), 733.6065(1). Ward’s, 5.620(d), 744.365(4). Joint lessees, access by, 655.937. Minor, lease to, 655.932. Nonpayment of rent, remedies for, 655.94. Power of attorney, presumptive validity of, 655.934. Security procedures, failure of lessor to abide by, 655.939. Two or more lessees, access by, 655.937. Unclaimed property in, 717.116, 717.117(1)(c), 717.119(5), 717.1201(7). Verification of contents, 5.342(b). SALE OF REAL PROPERTY. See REAL PROPERTY. SAVINGS BONDS. Unclaimed property. Florida Disposition of Unclaimed Property Act.

Claims for savings bond, 717.1383. United States savings bonds, 717.1382. SCOPE OF PROBATE RULES, 5.010. SCRIVENER’S ERROR. Curative procedure for scrivener’s error in deeds, 689.041. SEARCH OF, 5.3425. SECURITY. Defined, 731.201(36). Security interest, defined, 731.201(37). Transfer on death. See FLORIDA UNIFORM TRANSFER-ON-DEATH REGISTRATION ACT. Unclaimed property, 717.1101.

SECURITY

SEPARATE WRITING, 732.512, 732.515. SERVICE. Adversary proceedings, 5.025(b), 5.025(d)(1). Annual plan and accounting of guardian, 5.695(b). Appointment of administrator ad litem, petition for, 5.120(e). Appointment of guardian, petition for, 5.560(b)–(c), 744.331(1), 744.3371. Appointment of guardian ad litem, petition for, 5.120(e). Appointment of personal representative, petition for, 5.201. Assignment of dower, petition for, 5.365. Caveat, 5.260(c), 731.110(2)–(3). Certificate of, 5.496(b). Claims. Presentation of claims, 5.490(b). Personal representative, service by, 5.490(e). Completion of service, 5.040(a)(5). Designation of resident agent for, 5.110.

Discharge of guardian, petition for, 5.680(d), 744.528. Discharge of personal representative, petition for, 5.400(c). Elective share. Election to take, 5.360(a)(1), 5.360(a)(2)(B). Inventory of elective estate, 5.360(d)(2). Notice of election, 5.360(b)(3). Objection to election, 5.360(b)(4). Petition to determine amount of, 5.360(d)(1). E-mail, additional time after service by email, 5.042(d). Expedited judicial intervention concerning medical treatment procedures, notice of petition and hearing on, 5.900(c). Final accounting, 5.400(c), 5.660(b), 5.660(d). Final report, 5.650(e), 5.680(e), 744.511, 744.528(1), 744.3031(9)(e). Formal notice. Generally, 5.040(a)(1), (3), 731.301. In lieu of informal notice, 5.040(d). Receipt and proof of service, 5.040(e). Generally, 736.02025. Guardian ad litem, on, 5.120(a). Hearings, for, 5.042(c). Incapacity adjudication. Examining committee report, 744.331(3). Order of, 744.331(6)(e). Petition for, 5.550(b), 5.560(b), 744.331(1). Reports, 5.550(e). Informal notice, 5.040(b). Inventory, 5.340(b), 5.340(d), 5.342(c), 5.360(d)(2). Mail, additional time to act after service by, 5.042(d). Mail, when permissible, 736.02025. Method.

Formal notice, 5.040(a)(3). Informal notice, 5.040(b). Motion. Rehearing, 5.020(d). Withdrawal of attorney, 5.030(c). Notice of administration, 733.212(1), 733.212(8). On personal representative, date notices considered served, 5.2405. Persons served by personal representative, 5.240(a). Notice of taking possession of protected homestead, 5.404(c). Notice to creditors, 5.241(a), 733.701, 733.2121(3), 734.102(5), 734.1025(2), 735.206(2), 735.2063. Objection. Accounting, to, 5.345(d), 5.401(c). Claim, to, 5.499(e), 733.705(2). Election of elective share, to, 5.360(b)(4). Petition for discharge, to, 5.401(c). Order requiring accounting, 5.150(c), 744.3685. Pleadings and documents, 5.041. Creditors’ claims against estates. Objections to claims, 5.496. Personal representative’s proof of claim, 5.498. Objection to, 5.499. Presentation of claims. Service by personal representative, 5.490. Guardians. Petition to determine incapacity, 5.550. Reports, 5.690, 5.695. Request for notices and copies, service of notice of further proceedings and copies, 5.060(b). Proof, 5.040(a)(6).

Proof of service by formal notice, 5.040(e). Report of guardian. Annual, 5.695(a), 744.367(3). Final, 5.650(e), 5.680(e), 744.528(1). Initial, 5.690(b), 744.362(1). Suggestion of capacity, notice of filing of, 744.464(2)(c). Time for, generally, 5.042. Trust, in rem or quasi in rem relief sought, 736.02025. Waiver, 5.180, 5.240(e). SHELLEY’S CASE, RULE IN, 689.17. SIGNATURE. See EXECUTION OF DOCUMENTS. SIMULTANEOUS DEATHS, 732.601. SMALL ESTATES. Disposition without administration, 5.205(a)(4), 5.420, 735.301, 735.302. Intestate personal property in small estates, 5.425, 735.304. Payment to successor without court proceedings, 735.303. Summary administration. See SUMMARY ADMINISTRATION. Unclaimed property, agreement among beneficiaries, 717.1243. SPECIAL MAGISTRATES. See MAGISTRATES. SPOUSE. Elective share. See ELECTIVE SHARE. Exempt property. See EXEMPT PROPERTY. Family allowance, 732.403.

Homestead. See HOMESTEAD PROPERTY. Intestate estate, share of, 732.102. Pretermitted, 732.301, 732.507(1), 732.702(1). Service of notice of administration on, 5.240(a)(1). STANDBY GUARDIAN. Appointment of, 5.646, 744.304(1)–(4), 744.312(4). Defined, 744.102(19). Jurisdiction of court, 744.304(5). STATUTES OF LIMITATIONS. Escheated property, recovery of, 732.107(3), 733.816(3). Suspension of. In favor of guardian, 744.394. In favor of personal representative, 733.104. Trust. Directed trust. Limitation of action against trust director, 736.1413. Trustee. Actions against, limitations on, 736.1008. Unadministered estates, 733.710. STOCK. See SECURITY. SUBPOENAS, 5.080(a)(14). SUBSEQUENT ADMINISTRATION, 5.460, 733.903. SUGGESTION OF CAPACITY, 744.464(2). SUMMARY ADMINISTRATION. Distribution, 5.530(d), 735.206(3)–(4). Evidence of death, filing of, 5.205(a)(3).

Generally, 5.530, 735.201–735.202. Notice to creditors, 5.530(b), 735.206(2), 735.2063. Order, 5.530(d), 735.206. Petition, 5.020, 5.530(a), 735.203, 735.2055. Testate estate, procedure governing, 5.530(c), 735.201(1). SURETY. Guardianship liability of, 744.357. Probate liability of, 733.404. Release of, 5.400(e), 733.405, 733.508(2), 733.901(2), 733.5036(2), 736.0705(3), 744.531. Will. Electronic will or codicil. Qualified custodians, 732.525. SURROGATE, HEALTH CARE. See HEALTH CARE SURROGATE. SURROGATE GUARDIAN. Defined, 744.102(20). Designation of, 5.647, 744.442.

T TAXES, ESTATE. Allocation. Apportionment of estate tax, 733.817(2). Apportionment of estate taxes, 733.817. Estate Tax Law of Florida. Short title of act, 198.42. Federal. Apportionment of estate taxes, 733.817. Priority of, 733.707(1)(c). Return. Accounting and discharge tied to due date of, 5.400(c). Filing by personal representative, 198.13. Notice of due date of, 5.395. Trusts. Limited judicial construction of irrevocable trust, 736.04114. Wills. Limited judicial construction of will, 733.1051. Florida. Administration of, 198.05. Agents appointed by Department of Revenue, 198.07, 198.11. Alien decedents, on, 198.04. Apportionment of estate taxes, 733.817. Assessment of amount, 198.28. Certificate of nonliability, 198.13(2), 198.26. Collection. Relief of personal representative from duty. Apportionment of estate tax, 733.817(8).

Uncollected tax, reapportionment, 733.817(9). Contribution. Apportionment of estate tax, 733.817(10). Corporate personal representative of nonresident decedent, duties of, 198.31. Deficiency. Apportionment of estate tax, 733.817(7). Definitions, 198.01. Department of Revenue, role of. See DEPARTMENT OF REVENUE. Direction against apportionment, 733.817(4). Domicile of decedent, 198.015. Due date for payment, 198.15. Effectiveness of Chapter 198, 198.41. Exemptions from, 198.44. Exempt property. Apportionment of estate tax, 733.817(3). Family allowance. Apportionment of estate tax, 733.817(3). Foreign tax. Apportionment of estate tax, 733.817(11). Generally, 198.02, 198.13. Generation-skipping transfers, 198.13(3)–(4), 198.021, 198.031, 198.155. Apportionment of estate tax, 733.817(3). Homestead property. Apportionment of estate tax, 733.817(3). Imposition of, 198.02, 198.13(4). Liability for. Estate, 198.32(1). Personal representative, 198.19, 198.23.

Lien for unpaid taxes, 198.19, 198.22, 198.33. Nonresident decedents, on, 198.03, 198.031. Order of apportionment, 733.817(6). Payment of. Discharge of personal representative, 198.19, 198.26. Due date, 198.15. Extension, 198.15. Generation-skipping transfers, 198.155(2). Interest, 198.15(1), 198.18, 198.155(5). Liability for, 198.19, 198.23. Penalties for failure to pay, 198.15(2), 198.18, 198.37, 198.40. Payable from estate, 198.21. Priority of, 733.707(1)(c). Receipt for, 198.19. Refunds of excess tax paid, 198.29. Sale of real estate for, 198.24. Treasury, state, as repository of payments, 198.34. Warrant directing levy, 198.20. Penalties. Failure to file return, 198.14, 198.37. Failure to pay tax, 198.15(2), 198.18, 198.37, 198.40. Failure to produce records, 198.36. False returns, 198.38. False statement in return, 198.39. Records. Failure to produce, 198.36. Records, examination of, 198.06. Refunds, 198.29. Return, tax. Extension of time to file, 198.14.

Failure to file, 198.14, 198.37. False return, 198.38. False statement in, 198.39. Filing of, 198.13(1), 198.13(4). Rules of construction applicable to, 198.35. Section 2044 interests. Apportionment of estate tax, 733.817(3). Short title of act, 198.42. Transfer of property. Apportionment of estate tax, 733.817(5). Trusts. Apportionment of estate tax, 733.817(3). Wills. Apportionment of estate tax, 733.817(3). TEMPORARY GUARDIAN, EMERGENCY, 5.600, 5.648, 744.2005(4), 744.3031. TERMINATION OF GUARDIANSHIP. See GUARDIAN. TERMINATION OF PARENTAL RIGHTS. Intestate succession. Effect of termination, 732.1081. TIME. Accounting, 5.150(a), 5.345(a), 5.440(b), 5.660(b), 5.695(a)(2), 744.367(2), 744.511. Annual guardianship report, 5.695(a), 744.367. Claims against discharged guardian, 744.531. Claims against estate. See CLAIMS. Clerk’s review of guardianship reports, 744.368(2)–(3).

Computation of, 5.042(a). Defenses, for, 5.040(a)(1), 5.040(a)(2). Delivery of devises and distributive shares, 733.801(1). Elective share, exercise of right to, 5.360(a), 732.2135. Enlargement of, 5.042(b). Estate tax return, notice of due date, 5.395. Formal notice in lieu of informal notice. Modification of specified time period, 5.040(d). Incapacity adjudication. Date for hearing on petition, 5.550(f). Initial guardianship report, 5.620(a), 5.690(a), 744.362(1). Interim accounting, approval of, 5.345(e). Inventory by personal representative. Extension for filing, 5.340(b). Filing, 5.340(a). Judicial review of guardianship reports, 744.369(1). Objections. To annual report by guardian, 5.700(a), 744.367(4). To claims against estate, 733.705(2). To final accounting and petition for discharge, 5.400(b)(6), 5.401(a), 5.650(d), 5.650(f), 5.670(d), 5.670(f), 5.680(d), 5.680(f), 744.528(2). To interim accounting, 5.345(e). To suggestion of capacity, 744.464(2)(d). Report of public guardian, 5.710. Restoration of capacity. Hearing, timeliness, 744.464. Service. Hearings, for, 5.042(c). Mail, additional time after service by, 5.042(d). Statutes of limitations.

See STATUTES OF LIMITATIONS. TOTAL INCAPACITATION. Defined, 744.102(21). TRANSCRIPTS. Appeals, 744.109(2). Foreign probate proceedings, 734.104, 734.1025(1). Hearings, 744.109(1). TRANSFER OF PROCEEDINGS. Domicile change of ward, 5.050(b), 744.1097(2). Incorrect venue, 5.050(a), 733.101(3), 744.1097(2). Objection to venue, 5.240(b)(3), 5.240(d), 733.212(2)–(3). TRANSFER OF PROPERTY. Taxes, estate. Florida. Apportionment of estate tax, 733.817(5). TRANSPLANTS. See ANATOMICAL GIFTS. TRUST. Adoption. Subsequent adoption, effect on revocable trust, 736.1105. Animal, for care of, 736.0408. Arbitration of dispute involving, 731.401. Attorneys’ fees, 736.0206, 736.1004, 736.1005, 736.1007, 736.05053(4), 738.104(8). Bank deposits in, 655.825. Birth. Subsequent birth, effect on revocable trust, 736.1105. Breach of, remedies for, 736.1001–736.1003. Certification of, 736.1017.

Charitable. Application of statutes, 736.1202. Election to be governed by statutes, 736.1209. Notice of nonapplicability, 736.1205. Creation, 736.0402(1), 736.0405. Cy pres doctrine, application of, 736.0413. Definitions, 736.1201. Disclosure protections afforded certain trusts and organizations, 736.1211. Duties and powers of trustees, 736.1203–736.1207. Election to be governed by statutes, 736.1209. Enforcement of, 736.0405(3). Interpretation of governing law, 736.1210. Release of power to select donees, 736.1208. Claims. See CLAIMS. Community property trust act, 736.1501 to 736.1512. Agreement establishing trust, 736.1504. Amendment of trust, 736.1504. Child support. Right to support, 736.1509. Classification of property as community property, 736.1505. Other jurisdiction classifying. Effect of transfer to trust, 736.1511. Death of spouse. Effect on property held in trust, 736.1507. Definitions, 736.1502. Dissolution of marriage. Effect, 736.1508. Distributions from trust. Effect, 736.1505.

Homestead property, 736.151. Management and control of property, 736.1505. Requirements for trust, 736.1503. Revocation of trust, 736.1504. Satisfaction of individual obligations from settlor-spouse’s one-half share, 736.1506. Short title of provisions, 736.1501. Taxation. Internal Revenue Code, application, 736.1511. Unenforceable trusts. Factors leading to unenforceability, 736.1512. Consolidation of trusts, 736.0417(1). Construction, rules of, 736.1101–736.1109. Contest of, 736.0207, 736.0604, 736.1108, 736.08165. Creation of, 736.0401, 736.0402, 736.0601. Creditor claims against settlor, 736.0505. Death, evidence as to, 731.103. Declaration of trust. Scrivener’s error. Curative procedure for scrivener’s error in deeds, 689.041. Defined, 731.201(38), 739.102(12). Directed trust, 726.1401 to 736.1416. Administration. Principal place of administration, 726.1403. Applicability of provisions, 726.1403. Cotrustees. Conferring powers upon one to exclusion of others, 736.1412. Defenses in actions against trust director, 736.1414. Defined, 736.0103. Duty and liability of directed trustee, 736.1409.

Duty and liability of trust director, 736.1408, 736.1416. Exclusions from provisions, 726.1403. Information provided by trustee to trust director. Duty to provide, 736.141. Jurisdiction over trust director, 736.1415. Limitation of action against trust director, 736.1413. Limitations on trust director, 736.1407. Monitoring, informing or advising of trust director. No trustee duty, 736.1411. Power of trust director, 736.1406. Role of trust director, 736.1416. Short title, uniform directed trust act, 726.1401. Directed trustee. Defined, 736.0103. Duty and liability of directed trustee, 736.1409. Trust code provision prevailing over terms of trust, 736.0105(2). Dissolution of marriage, effect of, 736.1010, 736.1105. Community property trust act. Generally, 736.1501 to 736.1512. Termination of trust and distribution of trust assets, 736.1508. Distributee, liability of, 736.1018. Duress, effect of, 736.0406. Elective share law not applicable to, 732.2155(6). Elective share trust, 732.2025(2), 732.2025(10), 732.2095(2)(b), 732.2155(4). Electronic notice. Trust Code, notice under, 736.0109. Electronic signatures, 736.1301. Execution of, 736.0403, 736.1301. Federal tax provisions.

Limited judicial construction of irrevocable trust, 736.04114. Fiduciary access to digital assets act, 740.001–740.11. See FIDUCIARY ACCESS TO DIGITAL ASSETS ACT. Final distribution of assets, 736.0817. Foreign trusts, 736.0403. Fraud, effect of, 736.0406. Governing law, 736.0107. Grantor trusts. Reimbursement. Trustee duties, 736.08145. Homestead property. Community property trust act, 736.151. Devise in trust of homestead, 732.4015(2). Proceedings to determine protected homestead status, 5.405. Inter vivos transfer, 732.4017. Proceedings to determine homestead status of real property. Applicable provisions and procedures, 736.0201. Testamentary and revocable trusts. Homestead protections, 736.1109. Income. Accountings, treatment in, 5.346, 736.08135. Receipt and disbursement of. See FLORIDA UNIFORM PRINCIPAL AND INCOME ACT. Instrument. Defined, 736.0103(22). Reliance on by trustee, 736.1009. Terms of as prevailing over Trust Code, 736.0105(2). Jurisdiction over proceedings, 736.0201(2), 736.0203. Trust director, jurisdiction over, 736.1415.

Knowledge defined, 736.0104. Limitations on actions against trust dependent on liability of settlor, 736.1014. Marriage. Subsequent marriage, effect on revocable trust, 736.1105. Mistake, effect of, 736.0406. Modification of. Judicial, 736.0414, 736.0416, 736.04113, 736.04115. Nonjudicial, 736.0410(2), 736.0412, 736.0414. Oral, evidence of, 736.0407. Penalty for contesting, 736.1108. Pet, for care of, 736.0408. Power of appointment. Directed trust. Exclusions from provisions, 726.1403. Release, 709.03. Power of direction. Defined, 736.0103. Principal. Accountings, treatment in, 5.346. Invasion of, 736.04117. Receipt and disbursement of. See FLORIDA UNIFORM PRINCIPAL AND INCOME ACT. Principal place of administration, 736.0108. Proceedings. Jurisdiction over, 736.0201(2), 736.0203. Prudent Investor Rule. Inapplicability to trust investments, 736.0902. Purposes of. Charitable, 736.0405.

Generally, 736.0404. Qualified beneficiary. Charitable beneficiary treated as, 736.0110. Defined, 736.0103(16). Qualifying special needs trust, 732.2025(8), 732.2045(1)(g), 732.2075(1) (e), 732.2095(1)(a)(2), 732.2095(2)(c). Real property, interests in. See REAL PROPERTY. Reformation of terms, 736.0415. Representation. Appointment of representative, 736.0305. Designated representative, 736.0306. Fiduciaries, by, 736.0303. Generally, 731.303(1), 736.0301. Holder of power of appointment, by, 736.0302. Identical interest, by person having, 736.0304. Parent, by, 736.0303. Revocable. Amendment of, 736.0602. Dissolution of marriage, effect of, 736.1105. Duties of trustee owed to settlor, 736.0603. Homestead protections, 736.1109. Revocation of, 736.0602. Validity of, 689.075, 736.0403(2)–(4), 736.0406, 736.0604. Rule against perpetuities. Generally, 689.225. Rules of construction, 736.1101–736.1109. Safe-deposit box, trust instruments in. Unclaimed property. Copy of will, trust, codicils, etc to person providing evidence of death of

testator or settlor, 717.119. Settlement agreements, nonjudicial, 736.0111. Severance of, 736.0417. Taxation of costs or attorneys’ fees, 736.0201(6). Termination of, 736.0410, 736.0413, 736.0414. Terms of trust. Defined, 736.0103. Testamentary trust. Homestead protections, 736.1109. Trust Code. Application to existing relationships, 736.1303. Common law of trusts as supplement to, 736.0106. Definitions under, 736.0103. Evidence as to death in proceedings under, 731.103. Notice under, 736.0109. Scope of, 736.0102, 736.0105(1). Severability clause, 736.1302. Short title, 736.0101. Trust director. Defenses in actions against trust director, 736.1414. Defined, 736.0103. Duty and liability of trust director, 736.1408, 736.1416. Information provided by trustee to trust director. Duty to provide, 736.141. Jurisdiction over trust director, 736.1415. Limitation of action against trust director, 736.1413. Limitations on trust director, 736.1407. Monitoring, informing or advising of trust director. No trustee duty, 736.1411. Power of trust director, 736.1406.

Role of trust director, 736.1416. Trust code provision prevailing over terms of trust, 736.0105(2). Trustee. See TRUSTEE. Unascertainable beneficiary, enforcement of trust for, 736.0409. Undue influence. Effect of, 736.0406. Presumption shifting burden of proof, 733.107(2). Validity of. Contesting, 736.0207, 736.0604, 736.1108, 744.441(k). Inter vivos trusts, generally, 689.075, 736.0403. Venue for actions involving, 736.0204. TRUSTEE. Acceptance of trusteeship, 736.0701. Actions against, limitations on, 736.1008. Bond, 736.0702, 736.0705(3). Breach of trust by, 736.1001–736.1003, 736.1008, 736.1009. Compensation of, 736.0206, 736.0708, 738.701(1), 738.702(1). Cotrustees, 736.0703. Directed trust. Conferring powers upon one cotrustee to exclusion of others, 736.1412. Creditors’ claims, payment of, 736.05053. Declination of trusteeship, 736.0701(2). Defined, 731.201(39), 736.0103(23). Devises to, 732.513. Disclaimer by. See DISCLAIMER. Duties of. Accountings, 736.0813, 736.08135.

Adjustments between principal and income. See FLORIDA UNIFORM PRINCIPAL AND INCOME ACT. Charitable, 736.1203–736.1207. Claims, enforcing and defending, 736.0811. Compelling delivery of trust property, 736.0812. Delegation of, 736.0807. Discretionary powers, good faith exercise of, 736.0814. Expenses, incurring, 736.0805. Fees or costs, payment from trust assets, 736.0802. Generally, 736.0108(4), 736.0801–736.08147. Grantor trust reimbursement, 736.08145. Impartiality, 736.0803. Income, distribution of, 736.08147. Loyalty, 736.0802. Marketable title, ascertaining, 736.08105. Protection of trust property, 736.0809. Prudent administration, 736.0804. Recordkeeping, 736.0810. Resigning or removed trustee, 736.0707. Skills, use of, 736.0806. Successor trustee, 736.08125. Environmental laws, protection against violation of, 736.08163. Expenses. Incurring, 736.0805. Payment of, 736.05053. Reimbursement for payment of, 736.0709. Foreign, qualification of, 736.0112. Former, delivery of property by, 736.0707. General partner, trustee as, 736.1015. Individual retirement accounts, transfers of, 689.072.

Invasion of principal by, 736.04117. Investments by. See INVESTMENT OF FIDUCIARY FUNDS. Joint, 736.0703. Jurisdiction over, 736.0202. Liability of. Consent by beneficiary as relief from, 736.1012. Exculpatory term, effect of, 736.1011. Generally, 736.1013. Lack of knowledge of events, 736.1010. Personal liability, limitation on, 689.071(7), 736.1013, 736.1015, 736.08163. Release by beneficiary as relief from, 736.1012. Personal obligations of trustee, 736.0507. Powers of, 689.073, 736.0105(1), 736.0814–736.0816, 736.04117, 738.103– 738.105. Protection for third person dealing with, 736.1016. Qualified retirement plans, transfers of, 689.072. Reimbursement for payment of expenses, 736.0709. Reliance on trust instrument, 736.1009. Removal of, 736.0706. Resignation of, 736.0705. Service of notice of administration on, 5.240(a)(3), 733.212(1). Successor. Appointment of, 736.0704. Protection afforded, 689.071(7), 736.08125. Transfer of property to, 736.0108(8). Transfer of principal place of administration by, 736.0108. Unclaimed property, claim to, 717.12404(2).

U UNCLAIMED PROPERTY. Credit balances, 655.851. Escheat. See ESCHEAT. Florida Disposition of Unclaimed Property Act. Actions to recover property from holder, 717.1331. Administrative enforcement actions by Department of Banking and Finance, 717.1322, 717.1333. Application and construction of Act, 717.139, 717.1401. Authority of Department of Financial Services to determine merits of claims, 717.1242(1). Business entity, claims by, 717.12404. Campaign accounts, unclaimed funds reported, 717.1235. Claiming property, 717.124, 717.1201, 717.1241, 717.1243. Conflicting claims, 717.1241. Court documents, filing of, 717.1262. Credit memo, 717.1045. Custody by state, 717.103, 717.1201(1). Death certificate, filing of, 717.1261. Definitions for purposes of, 717.101, 717.12406. Deposit of funds, 717.123. Determinations by department, status as agency statements, 717.1244. Electronic claims, 717.124(10). Enforcement of laws by Department of Financial Services, 717.132, 717.133, 717.138. General rules, 717.102, 717.103. Gift certificates, 717.1045. Hearing, administrative, 717.126.

Identification verification and disbursement process, 717.124. Interest, liability for, 717.134(4), 717.1341(1). Interstate agreements concerning property, 717.133. Investigations, power of Department of Financial Services to make, 717.1301. Limitations periods, effect on status of property, 717.129. Nonprobated estate, claim for assets from, 717.1243. Notification of apparent owners, 717.118. Other states. Agreements with concerning property, 717.133. Claims of, 717.125, 717.133. Penalties for violation of Act, 717.134, 717.1341. Power of attorney to recover property, 717.135. Presumption that property is unclaimed, 717.102, 717.112, 717.1125. Property subject to custody of Department of Financial Services. Agents, property held by, 717.112. Annuity contracts, 717.107. Bank checks and drafts, 717.105. Bank deposits, 717.106, 717.12403. Business associations. Agent, property held by, 717.112(1), 717.112(3), 717.112(5). Dissolution, property distributed in course of, 717.111. Equity in, 717.122(2), 717.1101, 717.12406. Fiduciaries, property held by, 717.112. Property held by, generally, 717.1035. Refunds held by, 717.109. Stock in, 717.122(2), 717.1101, 717.12406. Courts, property held by, 717.113, 717.1035. Credit memo, 717.1045. Dividends on, 717.121, 717.12406.

Entertainment complex tickets, 717.1355. Fiduciaries, property held by, 717.112. Foreign transactions, 717.136. Generally, 717.102(1), 717.103. Gift certificates, 717.1045. Income on, 717.121, 717.12406. Interest on, 717.121. Invalid claims, 717.1341. Joint accounts, 717.12403, 717.12406. Life insurance proceeds, 717.107, 717.117(1)(b). Limitations periods, effect on status of property, 717.129. Lost owners of unclaimed demutualization, rehabilitation or related reorganization proceeds, 717.1071. Money orders, 717.104(2)–(5). Property having value less than expense of giving notice and sale, treatment of, 717.127. Public sale of, 717.122. Retained asset accounts, 717.107. Safe-deposit box, contents of, 717.116, 717.117(1)(c), 717.119(5), 717.1201(7). Sale of, public, 717.122. State agencies, property held by, 717.113, 717.1035. Survivorship accounts, 717.12403, 717.12406. Theme park tickets, 717.1355. Traveler’s checks, 717.104(1), 717.104(3)–(5), 717.118(3). Utility deposits, 717.108. Wages, 717.115. Reclaiming property, 717.124, 717.1201, 717.1241, 717.1243. Records, retention of by holder, claimant’s representative, and buyer, 717.1311, 717.1315.

Recovery of property. Invalid claim, recovery after, 717.1341. Purchase agreements, 717.124, 717.135. Recovery agreements, 717.124, 717.135. Reimbursement by state for payment to rightful owner of property, 717.1201. Report to Department of Financial Services, 717.117, 717.119(1). Retention of records by holder, 717.1311. Savings bonds. Claims for bond, 717.1383. United States savings bonds, 717.1382. Small estate, claim for assets from, 717.1243. Title of Act, 717.001. United States savings bonds, 717.1382. Claims for savings bond, 717.1383. Verification and disbursement process, 717.124(9). Garnishment of, 717.1245. Guardians. Disposition by, 744.534. Presumption that property held is unclaimed, 717.112, 717.1125. Internet website of Division, entering false information on, 717.1323. Owner’s representative, duties of, 717.1315. Personal representatives. Claims by, 717.1242, 717.12405. Disposition by, 733.816. Presumption that property held is unclaimed, 717.112, 717.1125. Purchase or acquisition of unclaimed property by accountant, attorney, or private investigator, 717.1400. Trustees, claims by, 717.12404(2). Worthless property, treatment of, 717.128.

UNDUE INFLUENCE. Trusts. Effect of, 736.0406. Presumption shifting burden of proof, 733.107(2). Spousal rights, procured by fraud, duress or undue influence, 732.805, 732.4017. Wills. Contest of. Burden of proof in, 5.275(b). Effect of, 732.5165. Presumption shifting burden of proof, 733.107(2). Spousal rights, procured by fraud, duress or undue influence, 732.805, 732.4017. UNEMPLOYMENT COMPENSATION, PAYMENT TO SPOUSE OR RELATIVE OF DECEDENT, 222.15(2), 222.16. UNIFORM DIRECTED TRUST ACT. Directed trust generally, 736.1401 to 736.1416. See TRUST. UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT. Applicability of provisions, 695.28(2). Generally, 695.27. Validity, 695.28(1). UNIFORM TRANSFERS TO MINORS ACT. See FLORIDA UNIFORM TRANSFERS TO MINORS ACT. UNINCORPORATED BUSINESS, CONTINUANCE OF. See BUSINESS, CONTINUANCE OF. UNITED STATES SAVINGS BONDS. Unclaimed property. Florida Disposition of Unclaimed Property Act, 717.1382.

Claims for savings bond, 717.1383.

V VENUE. Change of domicile of ward, 5.050(b), 744.1097(3)–(4). Designation in petition for summary administration, 5.530(a)(4). Generally. Guardianship, 744.1097. Probate, 733.101. Incorrect, 5.050(a), 733.101(3). Objection to, 5.240(b)(3), 5.240(d), 733.212(2)–(3), 733.2123. Restoration to capacity, proceedings for, 744.464(1). Statement in petition for administration, 5.200(d). Trust proceedings, 736.0204. Unclaimed property hearings, 717.126(2). VERIFICATION. Accounting, 5.345(h), 5.346(d). Form, 5.346–Appendix A. Guardian accounting, 5.696(e). Generally, 5.020(e), 731.104, 744.104. Inventory. Estate, 5.340(g). Guardianship, 5.620(a)–(b), 5.690(a). Safe-deposit box, 5.342(b), 5.620(d). Notice of completion of guardian education requirements, 5.625(c). Petition. Administration, 5.200. Approval of acts by guardian, 5.630(a). Continuance of unincorporated business, 5.630(b), 5.640(b). Determining amount of lien on protected homestead, 5.403(b).

Determining exempt property, 5.406(b). Determining family allowance, 5.407(b). Determining incapacity, 5.550(a). Determining protected homestead, 5.405(b). Discharge of personal representative, 5.430(g). Expedited judicial intervention concerning medical treatment, 5.900(a). Extraordinary authority of guardian, 5.635(a). Guardian, appointment of. Incapacitated person, for, 5.560(a). Minor, for, 5.555(c). Voluntary, 5.552(a). Interim judicial review, 5.705(a). Probate of will without administration, 5.210(a). Resignation of personal representative, 5.430(b). Sale of real property, 5.370(a). Summary administration, 5.530(a). Statement of claim, 5.490(a). Unclaimed property. Florida Disposition of Unclaimed Property Act. Identification verification and disbursement process, 717.124(8). VESTING. Devises, 732.514. Intestate succession, 732.101(2). VETERAN’S GUARDIAN. Administrator of Veterans Affairs as party, 744.607. Annual accounting by, 744.634. Annual report, exemption from filing, 744.653. Application of estate funds to other persons, 744.624. Appointment of.

Authorized, 744.613(1). Minor, guardian for, 744.613(2). Notice, 744.617. Persons who may be appointed, 744.618. Petition for, 744.616. Bond of, 744.619, 744.641. Commitment to VA hospital, procedure for, 744.609. Construction of act, 744.652. Definitions, 744.604. Discharge. Generally, 744.646. Minor, guardian for, 744.643. Exemption of benefits from creditors’ claims, 744.626. Fees. Attorney’s, 744.639. Clerk’s, 744.638. Guardian’s, 744.641. Inventory, 744.621. Investment of funds by guardian, 518.01, 518.06–518.09, 744.627. Petition. Appointment of guardian, for, 744.616. Authority to sell real estate, for, 744.631. Support of ward’s dependents, for, 744.625. Receipt of money due ward, by, 744.622. Records. Certified copies of public records, 744.637. Title of act, 744.602. Transfer of responsibility to general guardian, 744.649. VIRTUAL REPRESENTATION, 731.303.

VOLUNTARY GUARDIAN. Appointment of, 5.552(a)–(c), 744.341(1). Duties of, 744.341(2)–(3). Physician’s certificate, duty to file, 5.552(d), 744.341(4). Termination of, 5.552(e), 744.341(5). VULNERABLE ADULTS, EXPLOITATION. Injunction for protection against exploitation. Denial of injunction. Order denying injunction and notice of hearing. Form, 5.920(c). Final protective injunction. Form, 5.920(d). Petition for injunction, 5.920(a). Temporary protective injunction against exploitation. Form, 5.920(b).

W WAGES. Exemption from garnishment, 222.11, 222.061. Payment to spouse or other relative, 222.15(1), 222.16. Unpaid, as unclaimed property, 717.115. WAIVER. Audit fee, 744.365(6), 744.3678(4). Bond, 733.402(4), 744.351(1). Contents of, generally, 5.180(b). Death certificate, filing of, 5.205(b). Disclosure of amount of compensation paid or to be paid to fiduciaries or agents, 5.180(b)(4). Elective share, 732.301, 732.702. Execution of, 5.180(a). Exempt property, 732.702, 733.212(2)(d). Family allowance, 732.702. Filing of, 5.180(c). Formal notice, 744.106. Generally, 5.180, 731.302. Homestead, 732.702. Homestead rights. Waiver of homestead through deed, 732.7025. Informal notice, 744.106. Rights, of, 731.302. Service, of, 5.240(e), 733.212(8). Spouse, rights of, 732.301, 732.702. Will, contest. Administration, notice of.

Effect of failure to contest, 733.212(2)(F). WARD. Actions by or against, 744.391. Best interest of ward. Guardian acting not contrary to best interests, 744.361(4). Conflict with guardian, 744.391, 744.446, 744.474. Death of, 5.680, 744.521. Defined, 744.102(22). Dependents of, support for, 744.421, 744.625. Disclaimer on behalf of. See DISCLAIMER. Domicile of, 744.1096. Guardian. See GUARDIAN. Hearing, rights of ward at, 5.540, 744.1095. Income of, application of, 744.397. Minor. See CHILDREN OR MINORS. Periodic examination of, 744.3675. Person of ward, authority over. Guardian’s duties, 744.361(13). Property of ward. Guardian given authority over property, powers and duties, 744.361(10), 744.361(12). Protection of, 744.371, 744.3031. Residence, change of, 744.1098. Restoration to capacity, procedure for, 5.541(d), 744.464. Restrictions on physical liberty, limitations on, 744.363(4). Rights of, 744.363(6), 744.1095, 744.3215. Safe-deposit box of.

Inventory of, 5.260(d), 744.365(4). Opening of, 744.365(4). WASTE. Guardian. Exploitation of ward, 744.359. WILL. Acknowledgment, 732.502(1)(b), 732.503. Admission to probate, 5.210, 733.201. Age of testator, 732.501. Agreement to make, 732.701. Ancillary proceedings. See ANCILLARY ADMINISTRATION. Arbitration of dispute involving, 731.401. Authenticated copy, 5.200(j), 5.210(a)(8), 5.215, 5.470(a), 5.470(c), 5.475(a), 733.206(2), 734.104. Burden of proof in will contests, 5.275, 733.107. Caveat. See CAVEAT. Challenge to, 733.212, 733.2123. Codicil. Deposit with court, 5.043. Execution of, 732.502. Republication of will by, 732.5105. Revocation of, 732.505, 732.506, 732.508(2), 732.509. Self-proof of, 732.503. Commission to prove, 5.230, 733.201. Competency to make, 732.501. Construction of. Adversary nature of proceeding, 5.025(a).

Declaratory judgment regarding, 86.041(3). Failure of testamentary provision, 732.604. Probate as prerequisite to, 733.213. Rules of, 732.6005–732.616. Will with federal tax provisions, 733.1051. Contest of. Administration, notice of. Effect of failure to contest, 733.212(2)(F). Burden of proof in, 5.275, 733.107. Penalty clause for, 732.517. Undue influence. Burden of proof, 5.275(b). When action may be commenced, 732.518. Contract to make, 732.701. Copy, service of, 5.240(c). Custodian, duties of, 732.901. Defined, 731.201(40). Deposit with clerk, 732.901. Fiduciary access to digital assets act. Effect of act on duty to deposit will, 740.11. Deposit with court, 5.043. Devises. Ademption, 732.605, 732.606, 732.609. Lapse of, 732.603. Modification to achieve testator’s tax objectives. Fees and costs, 733.1061. Generally, 732.616. Reformation to correct mistakes. Fees and costs, 733.1061. Generally, 732.615.

Separate writing identifying, 732.515. Trustee, to, 732.513. Vesting of, 732.514. Dissolution of marriage, effect on will, 732.507(2). Duress, effect of, 732.5165. Effect of fraud, duress, mistake, or undue influence, 732.5165. Effect of subsequent act on, 732.507. Electronic will or codicil, 732.521-732.526. Audio-video communication technology. Defined, 732.521. Definitions, 732.521. Electronic records. Defined, 732.521. Retention of records, 732.524. Execution. Method, 732.522. Place of execution, 732.522. Online notarization. Defined, 732.521. Online notary public. Defined, 732.521. Probate, 732.526. Qualified custodians. Bonds, surety, 732.525. Ceasing to serve, 732.524. Defined, 732.521. Duties, 732.524. Entity serving as, 732.524. Insurance coverage, 732.525.

Liability, 732.524. Qualifications, 732.524. Receivership of qualified custodians, 732.525. Retention of records, 732.524. Revocation by act, 732.506. Secure systems. Defined, 732.521. Self-proof, 732.523. Probate of self-proved electronic will, 733.201. Exculpatory clause in, validity of, 733.620. Execution of, 732.502. Federal tax provisions. Limited judicial construction of will, 733.1051. Fiduciary access to digital assets act, 740.001–740.11. See FIDUCIARY ACCESS TO DIGITAL ASSETS ACT. Foreign, 5.216, 732.502(2), 733.204, 734.102–734.104. Foreign language, 5.216, 733.204. Foreign probate, probate after, 733.206. Fraud, effect of, 732.5165. Holographic, 732.502(2). Incorporation by reference, 732.512, 732.515. Joint wills, 732.701(2). Later, discovery of, 733.208. Living will. See HEALTH CARE ADVANCE DIRECTIVES. Lost or destroyed, establishment and probate of. Adversary nature of proceeding, 5.025(a). Generally, 5.510(a), 733.207. Notice, 5.510(d). Order, 5.510(e).

Petition, 5.510(b). Testimony of witnesses, 5.510(c), 733.207. Marriage after execution of, 732.301, 732.507. Military testamentary instrument, validity of, 732.502(3). Mistake, effect of, 732.5165. Mutual wills, 732.701(2). Notarial, 5.200(j), 5.210(a)(8), 733.205. Nuncupative, 732.502(2). Omitted children, 732.302, 732.507(1). Penalty for contesting, 732.517. Power of appointment, exercise of power, 732.607. Precious metals. Defined, 731.1065. Preservation by clerk, 732.901. Probate. See PROBATE. Production of, 732.901. Proof of, 733.201. Republication of, 732.511, 732.5105. Revival by revocation, 732.508. Revocation of. Act, by, 732.506. Adoption of descendant, effect of, 732.507(1). Birth of descendant, effect of, 732.507(1). Codicil, of, 732.505, 732.506, 732.508, 732.509. Dissolution of marriage, effect of, 732.507(2). Marriage, effect of, 732.507(1). Revival of former will by, 732.508. Writing, by, 732.505.

Rules of construction, 732.6005–732.616. Safe-deposit box, in, 655.935. Unclaimed property. Copy of will, trust, codicils, etc to person providing evidence of death of testator or settlor, 717.119. Self-proved, 732.503, 733.201(1). Electronic will or codicil, 732.523. Probate of self-proved electronic will, 733.201. Separate writing, 732.515. Taxes, estate. Florida. Apportionment of estate tax, 733.817(3). Trustee, devises to, 732.513. Undue influence. Effect of, 732.5165. Presumption shifting burden of proof, 733.107(2). Who may make, 732.501. Witness to, 5.230, 732.502(1), 732.504, 733.201. WITNESS. Deposition of expert, 5.080(a)(13). Destroyed will, testimony regarding, 5.510(c), 733.207. Expert. Deposition of, 5.080(a)(13). Fee determination, testimony regarding, 733.6175(4). Lost will, testimony regarding, 5.510(c), 733.207. Oath of, attesting to will, 5.230, 733.201. Power of attorney. Remote witnessing, 709.2202. Proof of handwriting of deceased, 695.10. Real property.

Method of conveyance, 689.01. Requirement of for validity of will, 732.502(1). Waiver of spousal rights, required for, 732.702(1). Who may act as witness to will, 732.504. WORTHIER TITLE, DOCTRINE OF, 689.175.