Citations
- 200 So. 3d 761
Full opinion text
PER CURIAM.
In response to recent legislation, The Florida Bar’s Probate Rules Committee (Committee) has filed an out-of-cycle, fast-track report proposing amendments to the Florida Probate Rules. See Fla. R. Jud. Admin. 2.140(e). After considering the proposals and reviewing the relevant legislation, we adopt the amendments as proposed by the Committee.
Rules 5.050 (Transfer of Proceedings); 5.560 (Petition for Appointment of Guardian of an Incapacitated Person); 5.646 (Standby Guardians); 5.648 (Emergency Temporary Guardian); and 5.670 (Termination of Guardianship on Change of Domicile of Resident Ward) are amended to reflect the renumbering of specific statutes, as adopted by the legislature in chapter 2016-40, sections 5, 6, 7, 9, 13, and 14, Laws of Florida. Additionally, rule 5.710 (Reports of Public Guardian) is amended in subdivisions (c), (d), and (e) to reflect the renaming of the Statewide Public Guardianship Office as the Office of Public and Professional Guardians. See eh.2016-40, § 8, Laws of Fla. (amending section 744.2001, Florida Statutes, formerly numbered section 744.7021, Florida Statutes).
Accordingly, the Florida Probate Rules are hereby amended as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The committee notes are offered for explanation only and are not adopted as an official part of the rules. The amendments shall become effective immediately upon release of this opinion. Because the amendments were not published for comment prior - to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.
It is so ordered.
LABARGA, C.J., and PARIENTE, . LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
APPENDIX
RULE 5.050. TRANSFER OF PROCEEDINGS
[No Change]
Committee Notes
Subdivision (b) of this rule represents a rule implementation of the procedure found in section 7444202(3)744.1097(3), Florida Statutes.
Rule History
1975-2008 Revisions: [No Change]
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.
§ -74420Í744.1096, Fla. Stat. Domicile of ward.
cCo
§ 744,2025744.1098, 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
[No Change]
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:
(l)-(9) [No Change]
(10) if the proposed guardian is a professional guardian, a statement that the proposed guardian has complied with the registration requirements of section 714.1083744.2002, Florida Statutes.
(b)-(c) [No Change]
Committee Notes
Rule History
1975-2014 Révisions: [No Change]
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.
Statutory References
§ .7444083744.2002, Fla. Stat. Professional guardian registration.
§ 744.309, Fla. Stat. Who may be appointed guardian of a resident ward.
for health care. Tfl +3 O (D ⅛ CD o I