§ 744.351, Fla. Stat. · Part V. ADJUDICATION OF INCAPACITY ANDAPPOINTMENT OF GUARDIANS
Bond of guardian.
Text — 2026 Florida Statutes
(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 if the dealer is a member of the Security Investment Protection Corporation and is doing business in the state.
Notes and commentary — not statutory text
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; s. 21, ch. 2023-205.
Note
Note.—Created from former s. 744.38.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/0744.html
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- sha256 4074f89ccc901f3d74d5bc161077c14549e66562d39e110d5df70285a2201b81
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 45.011, Fla. Stat.Definitions.Printed as s. 45.011
- § 69.031, Fla. Stat.Designated financial institutions for property in hands of guardians, curators, administrators, trustees, receivers, or other officers.Printed as s. 69.031
- § 517.021, Fla. Stat.Definitions.Printed as s. 517.021
- § 655.005, Fla. Stat.Definitions.Printed as s. 655.005(1)
Cited by 5 provisions
Provisions in this library whose text cites § 744.351, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 393.12, Fla. Stat.Capacity; appointment of guardian advocate.Printed as s. 744.351
- § 744.2003, Fla. Stat.Regulation of professional guardians; application; bond required; educational requirements.Printed as s. 744.351
- § 744.3031, Fla. Stat.Emergency temporary guardianship.Printed as s. 744.351
- § 744.309, Fla. Stat.Who may be appointed guardian of a resident ward.Printed as s. 744.351
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.