Tenth Judicial Circuit of Florida, Hardee, Highlands and Polk Counties Document Filing Requirements

WARNING

Applies to

Emergency motion

Any emergency motion submitted for ex parte consideration should clearly so state in the heading of the motion.

Any emergency motion submitted for ex parte consideration should clearly so state in the heading of the motion.

WARNING

Applies to

Memorandum

The Court may require a memorandum for sentencing after trial, open pleas to the Court, or upon its formal request.

The Court may require a memorandum for sentencing after trial, open pleas to the Court, and upon formal request of the Court.

WARNING

Applies to

Proposed order

A proposed order should contain only one case number whenever possible, and its case number should be the complete 20-character UCN.

A proposed order should, whenever possible, contain only one case number. The case number should be the complete 20-character Uniform Case Number (UCN).

WARNING

Applies to

Proposed order

Proposed orders should use the applicable specialized code instead of the traditional “ORDERED” date line and signature block.

Therefore, in lieu of the traditional “ORDERED” date line and signature block, proposed orders should include the specialized code instead.

WARNING

Applies to

Application

The application must list the applicant’s employment experience for the past 10 years, starting with the most recent dates.

List Applicant’s employment experience for the past 10 years beginning with the most recent dates:

WARNINGCivil cases

Applies to

Initial guardianship plan

The plan must not include examining committee physicians or their reports.

(Do NOT include examining committee physicians or reports.

WARNING

Applies to

Application

If the applicant answers yes about prior service as a guardian or guardian advocate, the application must describe that service and the reason the fiduciary position ended.

If yes, please describe below, including reason for termination of fiduciary position:

WARNINGCivil cases

Applies to

Cover letter

If the preparing attorney knows a party objects to the order’s language, the attorney should submit it with a cover letter advising the Court and confirming that interested parties received the letter and proposed order at the same time.

In the event that the attorney who has been directed to prepare the order is aware that a party objects to the language of the order, the attorney should submit the proposed order with a cover letter advising the Court that there is an objection and further assuring the Court that the interested parties have been sent a copy of the cover letter and proposed order at the same time.

WARNINGCivil cases

Applies to

Simplified annual plan

The simplified annual plan requests an explanation of why the ward’s placement is best.

2. Why is this the best placement for the ward?

WARNINGCivil cases

Applies to

Accounting report

The guardian must select one of the remuneration statements for the accounting period.

Please check one:

WARNINGCivil cases

Applies to

Petition for approval of minor claim settlement

If a civil action has been filed, the petition for approval of a settlement of a claim of a minor should be filed in that civil action. If no civil action has been filed, it is appropriate to file the petition in the guardianship division.

If a civil action has been filed, the petition for approval of a settlement of a claim of a minor should be filed in that civil action. If no civil action has been filed, it is appropriate to file the petition in the guardianship division.

WARNINGCivil cases

Applies to

Petition

If the petitioner believes the person with developmental disabilities is indigent, the petition should include an Application for Determination of Indigent Status.

The petition should be accompanied by an Application for Determination of Indigent Status if the Petitioner believes that the person with developmental disabilities is indigent.

WARNINGCivil cases

Applies to

Proposed order

The title of any proposed order submitted to the Court should refer to the petition, motion or pleading of which the order is disposing.

The title of any proposed order submitted to the Court should refer to the petition, motion or pleading of which the order is disposing.

WARNINGCivil cases

Applies to

Guardian ad litem report

The guardian ad litem’s report should address liability, damages, potential additional tortfeasors, applicable insurance policy limits, and why the proposed settlement is in the minor’s best interests.

The report generated by the appointed guardian ad litem shall be filed in advance of the hearing to approve the settlement, and the report should address liability, damages, potential additional tortfeasors, insurance policy limits, if applicable, and the reasons the proposed settlement is in the best interests of the minor.

WARNINGCivil cases

The name and address of the attorney to be appointed should be left blank, as the Court must make the appointment on a rotating basis as required by law.

The name and address of the attorney to be appointed should be left blank, as the Court must make the appointment on a rotating basis as required by law.

WARNINGCivil cases

Applies to

Petition

If the petitioner believes the alleged incapacitated person or alleged person with developmental disabilities is indigent, the petition should include an Application for Determination of Indigent Status.

The petition should be accompanied by an Application for Determination of Indigent Status if the petitioner believes the alleged incapacitated person or alleged person with developmental disabilities is indigent.

WARNINGCivil cases

Applies to

Simplified annual plan

The simplified annual plan requests a list of the ward’s professional medical and mental-health treatment during the past year, including when visits occurred.

3. List all professional medical/mental health treatment the ward has received during the past year (did the ward see a doctor, dentist, or mental health professional, if so when?):

WARNINGCivil cases

Applies to

Simplified annual plan

The simplified annual plan requests the names and addresses of all places the ward lived during the preceding year.

1. The name and address of all places the ward has resided during the preceding year.

WARNINGCivil cases

Applies to

Guardianship report

Except for reports from guardian advocates, reports should include the attorney of record’s signature, current contact information, and Florida Bar number.

With the exception of reports from guardian advocates, all reports should 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.

WARNINGCivil cases

Applies to

Notice of hearing

A Notice of Hearing stating only that the hearing is “on all pending motions” is insufficient and will not be accepted.

A notice that a hearing is “on all pending motions” is insufficient and will not be accepted.

WARNINGCivil cases

Applies to

Guardian fee or cost petition

The Court prefers fee or cost petitions covering intervals of at least six months and no more than one year.

It is preferred that the time period covered in the petition not exceed a billing time period of more than one year or less than intervals of six months.

WARNING

Applies to

Application

If the applicant answers yes about having held a position requiring bonding, the application must describe the position, date, bond amount, and surety.

If yes, please describe position, date, amount of bond and name of surety:

WARNINGCivil cases

Applies to

Motion to withdraw

A motion to withdraw as the guardian’s attorney should state the reasons for the requested withdrawal.

Any motion to withdraw as the attorney for the guardian should state in the motion the reasons withdrawal is requested.

WARNINGCivil cases

Applies to

Simplified annual plan

The simplified annual plan requests an account of the ward’s interactions with others during the past year, or an explanation if the ward cannot interact.

6. In the past year, how has the ward interacted with others, including the guardian advocate(s)/guardian(s) and family members (if the ward is not able to interact, state why)?

WARNINGCivil cases

Applies to

Simplified annual plan

The simplified annual plan requests whether any delegated rights should be restored and, if yes, which rights and why.

7. Should any of the rights previously delegated to the guardian advocate(s)/guardian(s) be restored to the ward at this time? No Yes. If Yes, identify the specific right(s) (such as to consent to medical treatment, to determine residence, to manage property, etc.) and explain why it should be restored.

WARNINGCivil cases

The name and address of the attorney to be appointed should be left blank for the Court’s rotating appointment.

The name and address of the attorney to be appointed should be left blank as the Court must make the appointment on a rotating basis as required by law.

WARNINGCivil cases

Applies to

Initial guardianship plan

Do not include examining committee physicians or reports in this plan section.

Do NOT include examining committee physicians or reports.

WARNING

Applies to

Application

If the applicant answers yes about having been held in contempt or removed as a guardian or guardian advocate, the application must include a description.

If yes, please describe below:

WARNING

Applies to

Application

If the applicant is employed by an entity providing services to the person with a developmental disability, the application must furnish details.

Is Applicant employed by a business, corporation, or other business entity that is providing professional, personal or business service to the person with a developmental disability? Yes _____ No _____ If yes, please furnish details below:

WARNINGCivil cases

Applies to

Simplified annual plan

The simplified annual plan requests the ward’s current diagnoses and conditions that continue to necessitate a guardian advocate or guardian.

4. What is/are the ward’s current diagnosis and condition(s) which cause(s) him/her to continue to need a guardian advocate/guardian?

WARNINGCivil cases

Applies to

Emergency temporary guardian petition

The petition should specifically detail the emergency as statutorily defined.

The petition should specifically detail the emergency, as the term emergency is statutorily defined.

WARNINGCivil cases

Applies to

Simplified annual plan

The simplified annual plan requests disclosure of payments, goods, or services received for work or care for the ward, excluding the specified government benefits, and an explanation if any were received.

9. As the Guardian Advocate(s)/Guardian(s) have you received any payments, goods, or services for work or care provided on behalf of the ward (this does NOT include payments, goods, or services received from a government benefits program such as Social Security, Medicaid, Medicare, and/or Agency for Persons with Disabilities)? No Yes. If Yes, please explain.

WARNINGCivil cases

Applies to

Ward capacity filings

Accordingly, all filings related to the Ward’s capacity should be filed in the same case in which incapacity was determined.

Accordingly, all filings related to the Ward’s capacity should be filed in the same case in which incapacity was determined.

WARNINGCivil cases

Applies to

Order compensating examining committee

In the event that such an order is required and a guardianship exists, the statutory language set forth below should be included in the order: “The fees of the examining committee shall be paid by the guardian from the property of the ward or, if the ward is indigent, by the state.” Fla. Stat. §744.331(7)(b).

In the event that such an order is required and a guardianship exists, the statutory language set forth below should be included in the order: “The fees of the examining committee shall be paid by the guardian from the property of the ward or, if the ward is indigent, by the state.” Fla. Stat. §744.331(7)(b).

WARNINGCivil cases

Applies to

Simplified annual plan

The simplified annual plan requests information about personal and social services provided to the ward during the past year, including activities and interests.

5. What personal and social services were provided for the ward in the past year (i.e., programs attended, vacations, in-home activities, out-of-the home activities, what does the ward like to do for entertainment or in his/her free time)?

WARNINGCivil cases

Applies to

Written guardian consent

Any written consent of the guardian to the requested fees should be filed contemporaneously with the fee petition or motion.

Any written consent of the guardian to the requested fees should be filed contemporaneously with the fee petition or motion.

WARNING

Applies to

Application

If the applicant or an associated business is a creditor of or provides services to the person with a developmental disability, the application must provide details.

Is Applicant, or Applicant’s business, corporation, or other business entity a creditor of, or providing professional, personal or business services to the person with a developmental disability? Yes ______ No _____ If yes, please provide details below:

WARNINGCivil cases

Applies to

Minor claim settlement

A structured settlement, annuities, or distributions to a minor over time may require creation of a guardianship of the minor’s property.

A proposed settlement of a minor’s claim that involves the use of a structured settlement, annuities, or any distribution to the minor over a period of time may require the creation of a guardianship, specifically a guardianship of the property of a minor.

WARNINGCivil cases

Applies to

Continuing education course attendance verification

Verification of continuing education attendance must be filed in the professional guardian’s file.

Verification of continuing education course attendance must be filed in the professional guardian’s file.

WARNINGCivil cases

An attorney requesting a waiver of training requirements should provide a detailed basis for the request.

In the event that the attorney wishes to request that the Court waive the training requirements, the attorney should provide a detailed basis for requesting such a waiver.

WARNINGCivil cases

Applies to

Resident agent designation

If the former attorney is the guardian’s designated resident agent, the attorney should resign and a new resident agent should be designated.

If the former attorney is the designated resident agent for the guardian, then the former attorney should resign that position and a new resident agent be designated.

WARNINGCivil cases

Applies to

Continuing education records

Each professional guardian must maintain continuing-education attendance records, and those records must include the course date, hours, title, location, and sponsor.

Further, each professional guardian is responsible for maintaining individual records of attendance at continuing education programs or maintaining records on CE Broker provided to professional guardians by the Office of Public and Professional Guardians. The records must include the date, hours, title, location and sponsor of the course.

WARNINGCivil cases

Applies to

Petition

Must include

proposed order

Further, the petition should be accompanied by a Notice of Filing of Report of Attending Physician, and a proposed order appointing an attorney for the person with developmental disabilities.

Further, the petition should be accompanied by a Notice of Filing of Report of Attending Physician, and a proposed order appointing an attorney for the person with developmental disabilities.

WARNING

Applies to

Application

If the applicant answers yes about filing for bankruptcy, the application must state the date and court location.

If yes, please state date and location of court:

WARNINGCivil cases

Applies to

Order

The order should reference the record that establishes the consent of the parties.

The order should reference the record that establishes the consent of the parties.

WARNING

Applies to

Emergency motion

b. Any emergency motion submitted for ex parte consideration should clearly so state in the heading of the motion.

b. Any emergency motion submitted for ex parte consideration should clearly so state in the heading of the motion.

WARNING

Applies to

Proposed order

Do not include a certificate of service for the judicial assistant to complete with a proposed order or judgment.

b. Once the proposed order or judgment is signed, it will be e-filed. It is the responsibility of the submitting party/counsel to provide copies to any party not included on the service list. Do not include a certificate of service to be completed by the judicial assistant.

WARNINGCivil cases

Applies to

Notice of hearing or order setting hearing

A party calling a case up for hearing should provide the Court and all other parties a Notice of Hearing or Order Setting Hearing which includes the following information: i. A link to the “Polk Family division 05 Virtual Courtroom” can be found at the following website: http://www.jud10.flcourts.org/virtual- courtroom-links/polk-family. The link is also accessible from Court Administration’s website through this procedure: Navigate through the browser to http://www.jud10.flcourts.org/ On the right side of the page, click “Click here for Polk County Virtual Courtroom Links”, then click “Polk Family”, then click “Click here to enter Polk Family division 05 Virtual Courtroom”.

A party calling a case up for hearing should provide the Court and all other parties a Notice of Hearing or Order Setting Hearing which includes the following information: i. A link to the “Polk Family division 05 Virtual Courtroom” can be found at the following website: http://www.jud10.flcourts.org/virtual- courtroom-links/polk-family. The link is also accessible from Court Administration’s website through this procedure: Navigate through the browser to http://www.jud10.flcourts.org/ On the right side of the page, click “Click here for Polk County Virtual Courtroom Links”, then click “Polk Family”, then click “Click here to enter Polk Family division 05 Virtual Courtroom”.

WARNINGCivil cases

Applies to

Trial exhibit list

A Trial Exhibit List cannot consist only of a generic statement disclosing all discovery in the action.

A generic statement disclosing “all discovery in this action” alone, does not comply with this section.

WARNING

Applies to

Proposed order

Proposed orders typically need the judge’s signature date and signature and, if applicable, the magistrate’s or hearing officer’s signature date and signature.

NOTE: Not all code is required for proposed orders submitted in the Tenth Judicial Circuit. Typically, only the the signature date and signature of the Judge and, if applicable, signature and signature date of Magistrate or Hearing Officer are required.