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

CRITICAL

Applies to

Form 2.603

Attorneys and self-represented litigants must update their contact information using Form 2.603 whenever their email account for electronic service changes.

It is the responsibility of attorneys and self- represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.

CRITICAL

Applies to

Emergency motion

A party seeking an emergency hearing must file a detailed motion stating the issues, why an emergency hearing is necessary, and the time each party needs to present.

If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

CRITICAL

Applies to

Proposed order

Each proposed order must include a cover letter certifying agreement by all parties or identifying any disagreement.

All proposed orders must be accompanied by a cover letter either (1) certifying that all parties agree to the order or (2) containing a statement identifying any disagreement of the parties as to the proposed order.

CRITICAL

Applies to

Motion for modification or termination

Counsel must file the probation modification or termination motion with the Probation Officer’s Recommendation Report.

Defendants Represented by Counsel: Counsel shall file the Motion for Modification and/or Termination with the Probation Officer’s Recommendation Report. See Exhibit C for the Probation Officer form.

CRITICAL

Applies to

Notice of hearing

Every Notice of Hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

All notices of hearing must contain the Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administration 2.540.

CRITICAL

Applies to

Proposed order

A separate submission is required for each case number when a proposed order contains multiple case numbers.

If the proposed order contains multiple case numbers, a separate submission is required for each case number.

CRITICAL

Applies to

Proposed order

Distribution lists should follow the judicial signature block and include for each recipient the name of the service recipient. For recipients required to participate in e-service, the e- mail address of the recipient must appear to the right of the recipient’s name. For recipients not required to participate in e-service, the mailing address of the recipient should appear to the right of the recipient’s name. Additional information, such as the organizational or party affiliation/designation of the recipient may also be included.

Distribution lists should follow the judicial signature block and include for each recipient the name of the service recipient. For recipients required to participate in e-service, the e- mail address of the recipient must appear to the right of the recipient’s name. For recipients not required to participate in e-service, the mailing address of the recipient should appear to the right of the recipient’s name. Additional information, such as the organizational or party affiliation/designation of the recipient may also be included.

CRITICAL

Applies to

Proposed order

The traditional order or magistrate recommendation date and signature block must be replaced with the specialized ICMS code in Attachment A.

The traditional “DONE AND ORDERED” date line and signature block or a magistrate’s recommendation date and signature block must be replaced by specialized ICMS code found in Attachment A.

CRITICAL

Applies to

Proposed order

Exhibits and attachments must be clearly referenced in the body of the proposed order.

Exhibits/attachments must be clearly referenced in the body of the proposed order.

CRITICAL

Applies to

Proposed order

Any exhibits or attachments must be included in the same .docx file as the proposed order.

Proposed orders shall include any exhibits/attachments in the same .docx file.

CRITICAL

Applies to

Petition

If co-guardians are petitioners, both must sign.

(If Co-Guardians, both sign)

CRITICALCivil cases

Applies to

Professional guardian file

Professional guardians must submit evidence of passing a guardianship examination approved by the Department of Elder Affairs.

(iv) Evidence of receiving a passing score on a guardianship examination approved by the Department of Elder Affairs. See Fla. Stat. §744.2003(6).

CRITICALCivil cases

Applies to

Receipts for assets received by minor

Receipts for assets received by the minor must be filed at the close of the guardianship.

Filed receipts for assets received by the minor at the close of the guardianship are also required.

CRITICALCivil cases

Applies to

Initial guardianship plan

The plan must state that it limits the ward’s physical liberty no more than reasonably necessary and provides needed medical and mental health care.

This Initial Guardianship Plan does not restrict the physical liberty of the ward more than is reasonably necessary to protect the ward or others from serious physical injury, illness or disease and provides the ward with medical care and mental health treatment for the ward’s physical and mental health.

CRITICALCivil cases

Applies to

Initial guardianship inventory

The inventory must mark with an asterisk in the right margin any property not in the guardian’s possession on the inventory date.

All property not in the guardian's possession as of the date of this inventory is identified by an asterisk (*) in the right margin.

CRITICALCivil cases

Applies to

Initial guardianship plan

The plan states the period it covers.

1. During the period beginning ________________________, 20______ and ending ______________________, 20______, the guardian proposes the following plan for the benefit of the DDP.

CRITICALCivil cases

Applies to

Initial guardianship plan

The plan must include the guardian’s attestation that the guardian consulted with the ward, honored the ward’s wishes to the extent reasonable, and prepared a plan consistent with those wishes to the maximum extent reasonable.

The guardian hereby attests that the guardian has consulted with the ward, and, to the extent reasonable, honored the ward’s wishes consistent with the rights retained by the ward under the plan, and to the maximum extent reasonable, the plan is in accordance with the wishes of the ward.

CRITICALCivil cases

Applies to

Initial guardianship plan

The plan lists the ward’s address and, if applicable, the facility’s name and type, and explains why the arrangement is best and least restrictive.

c.) Place and kind of residential setting best suited for the needs of the ward (Please list the ward’s address, name and type of facility, if applicable, and describe why this is the best, least restrictive, living arrangement for the ward):

CRITICAL

Applies to

Petition

List the names and addresses of any non-petitioning spouse, parent, and adult siblings as next of kin.

6. The DDP’s next of kin is/are: (include names and addresses of any non-petitioning spouse, parent, and any adult siblings):

CRITICAL

Applies to

Application for appointment as guardian advocate

If the applicant answers yes to any listed treatment question, the application requests the treatment date, time, location, and physician or professional’s name.

If “yes” was answered to any of the above, please state date, time, location of treatment and name of physician or profession involved:

CRITICALCivil cases

Applies to

Simplified accounting

A guardian using the simplified accounting procedure must obtain an original or certified statement from the financial institution holding the assets.

Guardians who are not registered professional guardians are cautioned that the simplified accounting procedure requires an original or certified statement from the financial institution holding the assets.

CRITICALCivil cases

Applies to

Guardianship report

The guardianship report must describe the Ward’s social skills, including communication and interpersonal relationships.

The following is a statement of the social skills of the Ward, including how well the Ward communicates and maintains interpersonal relationships:

CRITICALCivil cases

Applies to

Annual accounting

Copies of annual or year-end statements for all Ward cash accounts must be attached to the accounting.

Attached are copies of the annual or year-end statements of all the Ward’s cash accounts from each of the institutions where the cash is deposited.

CRITICALCivil cases

Applies to

First guardian fee or cost petition

A guardian’s first fee or cost petition will not be approved until the guardian has filed an inventory.

The guardian’s first petition for payment of fees or costs will not be approved until an inventory has been filed by the guardian (see section 18.C. of this Order).

CRITICALCivil cases

Applies to

Submission

Submissions of orders and other documents must comply with Florida Rules of General Practice and Judicial Administration 2.516 and 2.525 and all other applicable court rules.

To avoid this, submission of orders (and other documents) must comply with rules 2.516 and 2.525, Florida Rules of General Practice and Judicial Administration, and all other applicable rules of court.

CRITICALCivil cases

Applies to

Financial records

Guardians must preserve all financial records for three years after discharge.

preserve all financial records for 3 years after discharge

CRITICALCivil cases

Applies to

Proposed order appointing examining committee

The petitioner’s attorney in an incapacity action must prepare the proposed Order Appointing Examining Committee.

The attorney for the petitioner in an action initiated by the filing of a Petition to Determine Incapacity shall be responsible for preparing the proposed Order Appointing Examining Committee.

CRITICAL

Applies to

Oath of guardian advocate

Each Guardian Advocate must sign an oath.

(Each Guardian Advocate must sign an Oath)

CRITICALCivil cases

Applies to

Annual guardianship plan

The plan must describe how the Ward will be kept in the residential setting best suited to the Ward’s needs during the coming year.

Plans for ensuring that the Ward is in the best residential setting to meet the Ward's needs during the coming year are as follows:

CRITICAL

Applies to

Application for appointment as guardian advocate

If the applicant answers yes to the felony question, the application requests the date, offense type, location, and final disposition.

If yes, please provide details including date, type of offense, location and final disposition:

CRITICAL

Applies to

Petition

Select all applicable developmental disability conditions listed on the petition.

7. The Petitioner(s) believe that the DDP is in need of a Guardian Advocate due to his/her developmental disability which manifested itself prior to the age of eighteen (18), specifically (choose all that apply):

CRITICALCivil cases

Applies to

Petition

The petition to determine incapacity must identify next of kin, and next of kin and other interested persons must be served with the petition for appointment of guardian.

Florida law requires that next of kin be identified in the petition to determine incapacity and that these individuals, along with other interested persons, be served with the petition for appointment of guardian.

CRITICALCivil cases

Applies to

Initial guardianship plan

Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief.

Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief.

CRITICALCivil cases

Applies to

Motion

A person with developmental disabilities seeking to substitute their own attorney must file a motion for the Court to decide the request.

In the event that the person with developmental disabilities desires to substitute her or his own attorney for the attorney appointed by the Court, a proper motion must be filed for the Court to make a determination.

CRITICALCivil cases

Applies to

Petition or motion

A petition or motion requesting an order without a hearing must state whether all interested parties consent.

In the event that a party requests that the Court enter an order without a hearing, the petition or motion upon which the order is based must include a statement as to the consent of all interested parties.

CRITICAL

Applies to

Court record

When filing a court record, the filer must disclose whether it contains confidential information, identify the applicable confidentiality provision, and specify where the information appears.

Pursuant to Florida Rules of Judicial Administration 2.420(d)(2), the filer of a court record at the time of filing shall indicate whether any confidential information is included within the document being filed; identify the confidentiality provision that applies to the identified information; and identify the precise location of the confidential information within the document being filed.

CRITICALCivil cases

Applies to

Petition for payment of guardian fees

Each petition for payment of a guardian’s fees must be accompanied by an itemized list of the services provided by the guardian or the guardian’s staff for which compensation is sought, listed in chronological order and line-item format, with each line-item containing a specific description of the services rendered or expense incurred, the duration of time expended on each service in one-tenth-of-an-hour (0.10) increments, the hourly rate charged for each service, and the total charge requested for that line-item.

Each petition for payment of a guardian’s fees must be accompanied by an itemized list of the services provided by the guardian or the guardian’s staff for which compensation is sought, listed in chronological order and line-item format, with each line-item containing a specific description of the services rendered or expense incurred, the duration of time expended on each service in one-tenth-of-an-hour (0.10) increments, the hourly rate charged for each service, and the total charge requested for that line-item.

CRITICALCivil cases

Applies to

Guardianship report

The guardianship report must describe the social and personal services currently used by the Ward, including names, addresses, and services rendered.

The following information is submitted concerning the social condition of the Ward: a. The social and personal services currently used by the Ward are as follows (if you need additional space, please continue on separate sheet of paper): NAME AND ADDRESS SERVICES RENDERED

CRITICALCivil cases

Applies to

Motion to withdraw

A motion to withdraw as the guardian’s attorney must include the guardian’s name, address, and telephone number.

Any motion to withdraw as attorney for a guardian must include the name, address and telephone number of the guardian.

CRITICALCivil cases

Applies to

Verified inventory

The Verified Inventory must list the ward’s income sources and describe and value property known to or possessed by the guardian, regardless of the ward’s assets; it cannot be waived.

The Verified Inventory shall indicate all of the ward’s sources of income and shall include descriptions of and values for all real and personal property of the ward that has come into the guardian’s possession or knowledge. A Verified Inventory is required regardless of the amount and the nature of the Ward’s assets. There is no provision in the law to waive a Verified Inventory.

CRITICALCivil cases

Applies to

Initial guardianship plan

The plan must include the declaration under penalties of perjury that the signer has read it and that its alleged facts are true to the signer’s knowledge and belief.

Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are true, to the best of my knowledge and belief.

CRITICALCivil cases

Applies to

Initial guardianship inventory

The initial guardianship inventory must identify property known to or possessed by the guardian, any trust benefiting the ward, and encumbrances, liens, and other secured claims as of the stated date.

this inventory of all the property of the Ward that has come into the guardian's possession or knowledge, including identification of any trust of which the Ward is a beneficiary and specifying all encumbrances, liens and other secured claims on any item as of ______________.

CRITICAL

Applies to

Application for appointment as guardian advocate

The application requests the listed information about the applicant, including identifying, contact, employment, relationship, and other-guardianship details.

and the following information: (Please provide the following information regarding the Guardian Advocate)

CRITICALCivil cases

Applies to

Emergency temporary guardian petition

The emergency temporary guardianship petition must be filed with the Clerk, and a courtesy copy must promptly be provided to the probate judge.

The petition must be filed with the Clerk and a courtesy copy promptly provided to the probate judge.

CRITICALCivil cases

Applies to

Emergency temporary guardian petition

Petitions to appoint an emergency temporary guardian must comply with section 744.3031, Florida Statutes, and Florida Probate Rule 5.648.

Petitions for appointment of an emergency temporary guardian must comply with §744.3031, Florida Statutes, and Rule 5.648, Florida Probate Rules.

CRITICALCivil cases

Applies to

Initial guardianship plan

The plan must list the ward’s address and, if applicable, the facility’s name and type, and explain why the setting is the best, least restrictive arrangement.

c.) Place and kind of residential setting best suited for the needs of the ward (Please list the ward’s address, name and type of facility, if applicable, and describe why this is the best, least restrictive, living arrangement for the ward):

CRITICALCivil cases

Applies to

Guardianship fee petitions and orders

Petitions and orders for fees must be filed with the Clerk before a minor guardianship is terminated.

On the termination of minor guardianships, petitions and orders for fees are required to be filed with the Clerk prior to terminating the minor guardianship.

CRITICALCivil cases

Applies to

Order compensating examining committee

If the Ward is indigent or indigency has been found, the order must state that the Ward is indigent.

The Order shall state that the Ward is indigent, if the Ward is indeed indigent or if there has been a finding of indigency.

CRITICALCivil cases

Applies to

Initial guardianship plan

For each listed preexisting order or advance directive, the plan must state its signing date and whether the court suspended it.

For every directive or order listed, you must also list the date the order or directive was signed, and whether such order or directive has been suspended by the court

CRITICAL

Applies to

Application for appointment as guardian advocate

If the applicant answers yes to the question about being charged with fraud, misrepresentation, or perjury, the application requests the date and complete details.

If yes, please give date and complete details: