IN RE: AMENDMENTS TO FLORIDA PROBATE RULES 5.550 AND 5.695-2017 FAST-TRACK REPORT.
FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
Proceeding - The Florida Probate Rules Committee
Jonathan Adam Galler, Chair, Florida Probate Rules Committee,
Proskauer Rose, LLP, Boca Raton, Florida; John F. Harkness,
Jr., Executive Director, and Heather Savage Telfer, Staff
Liaison, The Florida Bar, Tallahassee, Florida, for
response to recent legislation, The Florida Bar's Probate
Rules Committee (Committee) has filed an out-of-cycle,
fast-track report proposing amendments to Florida Probate
Rules 5.550 (Petition to Determine Incapacity) and 5.695
(Annual Guardianship Reports). The Board of Governors of The
Florida Bar unanimously approved the proposals. We adopt the
proposed rule amendments and make minor revisions to the new
committee note to rule 5.550 in order to correct some of the
proposed amendments are in response to changes to sections
744.331 and 744.367, Florida Statutes (2016), that were made
by sections 1 and 2 of chapter 2017-16, Laws of Florida,
which became effective July 1, 2017. After considering the
Committee's proposals and the relevant legislation, we
amend the Florida Probate Rules as proposed.
amend rule 5.550 (Petition to Determine Incapacity) to add
new subdivisions (e) (Reports) and (f) (Adjudicatory Hearing)
to address changes made to sections 744.331(3)(e), (3)(h),
and (5)(a), Florida Statutes (2016), and the creation of new
section 744.331(3)(i), Florida Statutes, by section 1 of
chapter 2017-16, Laws of Florida. New subdivisions (e)(1)
(Filing), (e)(2) (Service), and (e)(3) (Objections) of rule
5.550 provide the filing, service, and objection requirements
for the reports of committee members appointed to examine an
alleged incapacitated person. See §
744.331(3)(e), (3)(h), & (3)(i), Fla. Stat. (2017). New
subdivision (f) (Adjudicatory Hearing) provides the timing
requirements for conducting the adjudicatory hearing on a
petition to determine incapacity. See §
744.331(5)(a), Fla. Stat. (2017). We have revised the new
committee note to rule 5.550 to reference the appropriate
we amend subdivision (a)(1) (Contents and Filing; Guardian of
the Person) of rule 5.695 to change the reporting deadlines
for annual guardianship reports consistent with the changes
made to section 744.367(1), Florida Statutes (2016), by
section 2 of chapter 2017-16, Laws of Florida. A new
committee note also is added to this rule.
we amend the Florida Probate Rules 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 the 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.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON,
and LAWSON, JJ., concur.
5.550. PETITION TO DETERMINE