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94 verbatim mandatory provisions from S-2026-008.
Thirteenth Judicial Circuit. Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
• Injunctions for Protection against Exploitation of a Vulnerable Adult and Pending Guardianship Proceeding In accordance with Florida Statutes section 825.1035(2)(f), if a proceeding concerning a vulnerable adult under chapter 744 is pending at the time of a filing of a petition for an injunction for protection against exploitation of a vulnerable adult, the petition must be filed in the guardianship proceeding. 2. • Dismissal of Petition for Incapacity Any Notice of Voluntary Dismissal must state with specificity the reason for dismissal and whether the petitioner stipulates to paying the costs of the examining committee and the court appointed attorney. • The parties must attend a final hearing to address costs and any other outstanding issues unless directed otherwise by either the judge's or magistrate's office. • Proposed orders dismissing the petition must be provided to the magistrate's office by the petitioner's attorney. 4. • Application for Appointment as Guardian Every proposed guardian seeking appointment by the court must file an application for appointment as guardian that is signed by the proposed guardian under penalties of perjury. • ProfessionaJ guardians must update their application annually by filing either a list of current wards served by the guardian or a complete application for appointment as guardian. • Professional guardians must denote any pro bono cases in the initial application and annual updates to their application. • Nonprofit corporate guardians must file quarterly disclosure statements, in lieu of an application for appointment as guardian, denoting any pro bono cases. 5. • Professional Guardians Professional guardians seeking appointment must establish a professional guardian file with the Clerk and submit documentation that the requirements of Florida Statutes sections 744.2002, 744.2003, and 744.3135 have been satisfied. • In addition to the credit and criminal history investigation documentation contained within a professional guardian's file maintained by the Clerk under Florida Statutes section 744.3135, professional guardians must submit the following items, which the Clerk will maintain in the professional guardian's file: 1. • The records must include the date, hours, title, location, and sponsor of the program, and the certificate of attendance if provided. • Verification of continuing education course attendance must be filed in the professional guardian file. • Nonprofessional Guardians Prior to the hearing on the appointment of the guardian, the court will conduct a state and national criminal background investigation of all proposed nonprofessional guardians. • In order to complete the criminal background investigation, the proposed nonprofessional guardian must supply his or her date of birth and social security number. • Additionally, any proposed nonprofessional guardian of the property must file a full credit report taken within the last year. • Constructive Service - Affidavit of Diligent Search and Inquiry To obtain constructive service in a guardianship case, all counsel and interested persons (if self-represented) must complete and file an affidavit of diligent search and inquiry substantially similar to the affidavit designated as Florida Rule of Civil Procedure Form 1.924. • A law enforcement officer performing service under this statutory provision must use service and verification procedures consistent with those of the sheriff. 8. • Notice of Hearing All notices of hearing must state the length of the time reserved on the judge' calendar for the hearing and specify the matters to be heard. • The party filing a notice of hearing must provide a copy of the notice to the presiding judge's judicial a sistant. • Hearings Any petition, pleading, motion, or other document that is the subject of a hearing or a conference set before the court must be filed with the Clerk no later than five days before the matter is to be considered. • Courtesy copies of any case law, statutes, or other authority relied upon for the hearing must be provided to the judge at the hearing. 12. • Matters scheduled for hearing as an emergency may not be heard with less than forty-eight hours' actual prior notice to an opposing interested person unless all interested persons agree. • Case Management Conference All petitioners must schedule a case management conference within sixty days of commencing an adversary proceeding. • All trials or final hearings of adversary proceedings must be set by the court entering a Uniform Order Setting Adversary Proceeding for Trial and Pretrial Conference (Nonjury). • Once scheduled, a hearing may not be cance11ed unilaterally by counsel. • Military Service - Memorandum for Certificate of Military Service If a petitioner does not know whether the respondent is on active duty in a branch of the military service of the United States, the petitioner must complete a memorandum for certificate of military service substantially similar to the memorandum designated as Florida Family Law Rule of Procedure Form 12.912(a). • Default Judgment- Affidavit of Military Service If a petitioner seeks a default judgment and the respondent has been properly served and has not responded to the petition, the petitioner must complete and file an affidavit of military service substantially similar to the affidavit designated as Florida Family Law Rule of Procedure Form 12.912(b). • Unless the presiding judge directs otherwise, if all parties are represented by attorneys, none of whom have been excused from e-mail service under Florida Rule of General Practice and Judicial Administration 2.516, the movant's attorneys must submit to the court a proposed order through the Florida Courts E-Filing Po1tal ("Portal") in searchable PDF or PDF/A format. • If any party is self-represented or represented by an attorney who has been excused from e-mail service under Rule 2.516, the movant or movant's attorney must submit to the presiding judge sufficient hard copies of the proposed order along with stamped, addressed envelopes. • Motions to Set Case for Trial - Certificate by Attorney All motions to set a case for trial must contain a certificate by the attorney or party filing such motion that the attorney or party has discussed the subject matter of the motion with all other attorneys or parties and has been unable to reach agreement concerning the setting of the case for trial, or that the opposing attorneys or parties have failed to respond. 15. • Consultation with Opposing Counsel or Party Unless the presiding judge directs otherwise, prior to submitting a proposed order for the court's consideration after a hearing, the counsel submitting the proposed order must consult with opposing counsel or self-represented party within five days after the court's decision and make a genuine effort to agree on the language of the proposed order. • Timely Submission All proposed orders must be submitted to the court by the attorney directed to prepare the order within ten days after the court's decision. • Portal - All Parties Represented by Counsel None of Whom are Excused from £-Service Unless the presiding judge directs otherwise, if all parties are represented by attorneys, none of whom have been excused from e-mail service under Florida Rule of General Practice and Judicial Administration 2.516, an attorney who is directed to submit a proposed order must do so through the Portal in searchable PDF or PDF/A format. • All proposed orders submitted to the presiding judge must include a cover letter certifying that one of the following statements is true: • If, after consultation with opposing counsel or the appropriate interested person, the parties cannot agree on the language in the proposed order to be submitted to the court, then the attorney or interested person submitting the proposed order must document in the cover letter that the opposing counsel or opposing interested person has registered an objection and specifically state what the objection is. • At the time the cover letter and proposed order are submitted to the court, a copy must simultaneously be sent to all parties and interested persons or their counsel. • Title The title of every proposed order submitted must contain the subject matter of the pleading or motion upon which the ruling is made and must fairly apprise the reader of the action being ordered. • Form In all proposed orders, the page containing the court's signature must also contain substantive language of the proposed order so that a proposed order does not contain a signature page consisting only of the court's signature. • Substitution of Counsel and Resident Agent Any stipulation for the substitution of counsel for a guardian must be signed by the attorneys involved and by the guardian. • The cost of the mediator must preliminarily be apportioned in the referral order, with the court reserving jurisdiction to make a final determination as to the assessment of the cost at the final hearing on the adversary matter, and as to any reimbursement order that may be deemed appropriate. • Approval of Settlement of Minor and Incompetent Claims A petition seeking court approval of the settlement of a claim on behalf of a minor or incompetent person must comply with Florida Probate Rule 5.636 and Florida Statutes sections 744.301 and 744.387. • Unless excused by the court, the minor or incompetent person must be present at the hearing as well as the parent, next friend, or guardian. • The attorney must have available for the court the most recent medical report of the treating physician. • In situations where approval of a settlement for less than the actual value of the claim is requested because of policy limits, evidence indicating the amount of insurance coverage must be produced at the hearing. • If a guardian ad litem report is required based on the amount of the settlement, a courtesy copy must be provided to the court at least forty-eight hours prior to the hearing. 19. • Minor Guardianships Unless waived or otherwise ordered by the court, in every guardianship of the property of a minor ward, a depository must be designated (in accordance with Florida Statutes section 69 .031) for deposit of all cash owned by or owed to the ward, wherever located. • All Other Guardianships of the Property Unless waived or otherwise ordered by the court, in every guardianship of the property, except a minor guardianship (see above), the guardian must place in a restricted depository all cash assets or cash-equivalent assets of the ward. • Initial Guardianship Reports Every guardian must file an initial guardianship report, as required by Florida Statutes sections 744.362, 744.363, and 744.365, within the statutory timeframe, unless waived by the court. • Annual Guardianship Plan Beginning the year after the initial plan is filed, a guardian of the person must file the annual guardianship plan as required by Florida Statutes sections 744.367 and 744.3675. • The court has a strong preference that the guardian utilize the forms posted on the court's website(www.fljud13.org) for the Annual Guardianship Plan and the Physician's Report that must be filed with the annual plans. • Annual Guardianship Accounting A guardian of the property must file the annual guardianship accounting as required by Florida Statutes sections 744.367 and 744.3678 on a fiscal-year basis. • Accountings must include all property interests of the ward regardless of how the property is titled unless specifically exempted under Florida Statutes section 744.3678. • Format All reports must include the guardian's signature, current address, current telephone number with area code, and e-mail address. • Additionally, all reports must include the signature of the attorney of record, the attorney's current address, current telephone number with area code, e-mail address, and Florida Bar number. • Initial reports must be filed within sixty days of the date the letters of guardianship are signed and annual reports must be filed within ninety days after the last day of the anniversary month in which the letters of guardianship were signed. • If the reports cannot be filed in the time required by law, a motion for extension of time must be filed within the respective time period. • Reports must not be filed prior to the end of the applicable reporting period. • Audit Fees Audit fees must be paid to the clerk in accordance with Florida Statutes sections 744.365 and 744.3678. • In the absence of an order authorizing such plans at the time the guardianship is established, the guardian must file a verified petition clearly indicating the justification for the court to allow simplified plans. • If the court has authorized the guardian to file simplified plans, the guardian must use the form posted on the court's website for the Simplified Annual Plan. 21. • Guardian's Fees All petitions to the court for approval of compensation to a guardian must be accompanied by an itemized description of the services provided for which fees are sought. • This itemization of services must be provided in chronological date order and in line-item format, with each line-item entry containing a specific description of the services rendered, the date listed with the amount of time expended on each service in one-tenth (0.10) of an hour increments. • This information must also state the rate charged and amount sought to be approved. • Notices to, or the signed consent of, the guardian of the property or the Veterans Administration or both must be submitted with the petition for guardian's fees, if applicable. • When fees are awarded, the approved amount must be transferred in full from the ward's account. • All petitions for guardian's fees must reference all prior fees paid and the billing time period included. • The first petition for guardian's fees may be filed as early as three months after letters of guardianship are signed; however, the first fee petition will not be approved until the inventory is filed by the guardian and approved by the court. • Thereafter, a petition for guardian's fees should be filed every six months and will not be approved if statutorily required reports are delinquent without a court-ordered extension. • Guardians must not charge in a petition for guardian's fees for time spent to prepare the billing itemization or any other documentation associated with petitioning the court for guardian's fees. • Additionally, a petition for guardian's fees must not include time spent communicating with court staff, reviewing court orders or directives, or preparing amended documents when such work is necessitated by the guardian's non-compliance with court-ordered, statutory, or administrative obligations. • All petitions for guardian's fees filed by a professional guardian must include the following certification immediately before the guardian's signature: • Further, I understand that it is the guardian's responsibility to clearly and accurately describe whether the person performing the work is the guardian's staff, volunteer, third party provider or independent contractor and that the guardian is required to disclose to the court all staff or agents hired or assigned to perform tasks or duties on an active guardianship and to update their Professional Guardian File when new staff are being utilized in active guardianships. • I understand that the fingerprinting requirement must be satisfied for any staff, and that a credit report must be filed for any staff performing fiduciary duties and access to the financial information of the wards. • Any petition for attorney's fees must contain an itemized billing statement for the attorney's service with the amount of time expended on each service in one-tenth (0.10) of an hour increments. • If the attorney and the guardian cannot agree upon a fee or if an objection to the attorney's fees is made by an interested person, a hearing must be set before the court. • If attorney's fees are paid to the attorney by the guardian without prior court approval, the guardian must attach an itemized billing statement for the fees, in accordance with the provisions of Florida Statutes section 744.108 to the annual accounting in which the disbursement for the attorney's fees is documented. • Any written consent of the guardian to the requested fees must be filed contemporaneously with the fee petition or motion. 23. • Change of Guardian's Contact Information All guardians must promptly advise the court, via written notice filed with the Clerk, of any change of their name, address, telephone number, or e-mail address. • The notice requirements in the Florida Probate Rules must be complied with at all times. • Such persons must indicate a current residence, post office address, and e-mail address. • A new address designation must be filed by the requesting person when any address changes occur. • Any person filing a request for notice must also provide a copy of the request to the clerk for forwarding to the guardian's attorney or the guardian, if not represented by counsel. • Thereafter, the interested person must receive notice of further proceedings and must receive copies of subsequent pleadings and papers by the movant as long as such person remains an interested person. • Change of Ward's Residence If the ward's residence changes to a new location within Hillsborough County or to an adjacent county, the guardian must inform the court, in writing, in accordance with Florida Statutes section 744.1098(2). • In accordance with Florida Statutes section 744. l 098(1 ), a guardian may not, without prior court approval, change the residence of the ward to another state or to a non-adjacent county. • If a ward's permanent residence is changed to a county other than Hillsborough County, the guardian and the guardian's attorney must file all appropriate pleadings and proposed orders to have venue of the guardianship case transferred to the court in the appropriate county. 26. • Death of the Ward Within thirty days after the death of the ward, the guardian must file a notice of death. • A certified copy of the ward's death certificate must be applied for within fifteen days of the ward's death and filed immediately upon receipt. • The guardian of the property must file a final report in compliance with Florida Statutes section 744.527 and Florida Probate Rule 5.680, unless waived in writing by all necessary interested persons, and petition for discharge, unless extended by court order. • Any objections to the final accounting or discharge are required to be filed in accordance with Florida Probate Rule 5.680. 27. • Motions to Withdraw Any motion to withdraw as attorney for a guardian that is based upon lack of client contact must include all diligent efforts made by the attorney to locate the guardian. • Any motion to withdraw as attorney for a guardian must include the name, address, and telephone number of the financial institution where the guardianship funds are located; the account number(s); and the current balance on all accounts, together with verifying account documentation. • If this information is not obtainable by counsel, the motion to withdraw as attorney for guardian must detail all diligent efforts made to secure this information and documentation for the court. • Termination of representation must comply with Rule 4-1.16 of the Rules Regulating The Florida Bar. 28.
Injunctions for Protection against Exploitation of a Vulnerable Adult and Pending Guardianship Proceeding In accordance with Florida Statutes section 825.1035(2)(f), if a proceeding concerning a vulnerable adult under chapter 744 is pending at the time of a filing of a petition for an injunction for protection against exploitation of a vulnerable adult, the petition must be filed in the guardianship proceeding. -- 1 of 17 -- 2.
Reviewer note: Document sha256: 00a16483d214dc9e680847ae7937bf83d9d83a9c207200ab5a8a98d7dade8dfe (4293889 bytes). BenchPath harvested this circuit itself because no research corpus existed for it. Extraction is conservative: mandatory-language sentences only, so this rule is a faithful subset of the order, never a summary of it. Text layer cleaned 2026-09-08 (Phase 3a): page markers removed; wording untouched. Text layer cleaned 2026-09-08 (Phase 3e): running page headers/footers removed; wording untouched. Verbatim from the order's own text layer, harvested 2026-07-24; whitespace normalised only. No OCR was used. Only sentences containing mandatory language (shall, must, may not, no later than, within N) are reproduced — the full document is in custody and is the controlling text. [moved from the text 2026-09-14]
A 2013 standing order requiring attorneys to e-file family-law and civil documents (no paper filings accepted) as the court began compliance with the Supreme Court's e-filing mandate; criminal filing unchanged.
A 2013 standing order requiring attorneys to e-file family-law and civil documents (no paper filings accepted) as the court began compliance with the Supreme Court's e-filing mandate; criminal filing unchanged.