Fla. Stat. 744.367
Duty to file annual guardianship report


(1)

Unless the court requires filing on a calendar-year basis, each guardian of the person shall file with the court an annual guardianship plan within 90 days after the last day of the anniversary month that the letters of guardianship were signed, and the plan must cover the coming fiscal year, ending on the last day in such anniversary month. If the court requires calendar-year filing, the guardianship plan must be filed on or before April 1 of each year. The latest annual guardianship plan approved by the court will remain in effect until the court approves a subsequent plan.

(2)

Unless the court requires or authorizes filing on a fiscal-year basis, each guardian of the property shall file with the court an annual accounting on or before April 1 of each year. The annual accounting must cover the preceding calendar year. If the court authorizes or directs filing on a fiscal-year basis, the annual accounting must be filed on or before the first day of the fourth month after the end of the fiscal year.

(3)(a)

The annual guardianship report of a guardian of the property must consist of an annual accounting, and the annual guardianship report of a guardian of the person must consist of an annual guardianship plan. The annual guardianship report of a guardian of the property and the annual guardianship report of a guardian of the person must both include a declaration of all remuneration received by the guardian from any source for services rendered to or on behalf of the ward. As used in this paragraph, the term “remuneration” means any payment or other benefit made directly or indirectly, overtly or covertly, or in cash or in kind to the guardian.The annual guardianship report must be served on the ward, unless the ward is a minor or is totally incapacitated, and on the attorney for the ward, if any. The guardian shall provide a copy to any other person as the court may direct.

(3)(a)

The annual guardianship report of a guardian of the property must consist of an annual accounting, and the annual guardianship report of a guardian of the person must consist of an annual guardianship plan. The annual guardianship report of a guardian of the property and the annual guardianship report of a guardian of the person must both include a declaration of all remuneration received by the guardian from any source for services rendered to or on behalf of the ward. As used in this paragraph, the term “remuneration” means any payment or other benefit made directly or indirectly, overtly or covertly, or in cash or in kind to the guardian.

(b)

The annual guardianship report must be served on the ward, unless the ward is a minor or is totally incapacitated, and on the attorney for the ward, if any. The guardian shall provide a copy to any other person as the court may direct.

(4)

Unless the ward is a minor or has been determined to be totally incapacitated, the guardian shall review a copy of the annual report with the ward, to the extent possible. Within 30 days after the annual report has been filed, any interested person, including the ward, may file written objections to any element of the report, specifying the nature of the objection.

(5)

If the guardian fails to timely file the annual guardianship report, the judge may impose sanctions which may include contempt, removal of the guardian, or other sanctions provided by law in s. 744.3685.

(6)

Notwithstanding any other requirement of this section or unless otherwise directed by the court, the guardian of the property may file the first annual accounting on either a fiscal-year or calendar-year basis. Unless the court directs otherwise, the guardian shall notify the court as to the guardian’s filing intention within 30 days from the date the guardian was issued the letter of guardianship. All subsequent annual accountings must be filed on the same accounting period as the first annual accounting unless the court authorizes or directs otherwise. The first accounting period must end within 1 year after the end of the month in which the letters of guardianship were issued to the guardian of the property.

Source: Section 744.367 — Duty to file annual guardianship report, https://www.­flsenate.­gov/Laws/Statutes/2024/0744.­367 (accessed Aug. 7, 2025).

744.361
Powers and duties of guardian
744.362
Initial guardianship report
744.363
Initial guardianship plan
744.365
Verified inventory
744.367
Duty to file annual guardianship report
744.368
Responsibilities of the clerk of the circuit court
744.369
Judicial review of guardianship reports
744.371
Relief to be granted
744.372
Judicial review of guardianships
744.373
Production of property
744.374
Payments to guardian
744.381
Appraisals
744.384
Subsequently discovered or acquired property
744.387
Settlement of claims
744.391
Actions by and against guardian or ward
744.394
Suspension of statutes of limitations in favor of guardian
744.397
Application of income of property of ward
744.421
Petition for support of ward’s dependents
744.422
Petition for support for a dependent adult child
744.441
Powers of guardian upon court approval
744.442
Delegation of authority
744.444
Power of guardian without court approval
744.446
Conflicts of interest
744.447
Petition for authorization to act
744.451
Order
744.454
Guardian forbidden to borrow or purchase
744.457
Conveyance of various property rights by guardians of the property
744.461
Purchasers and lenders protected
744.462
Determination regarding alternatives to guardianship
744.3675
Annual guardianship plan
744.3678
Annual accounting
744.3679
Simplified accounting procedures in certain cases
744.3685
Order requiring guardianship report
744.3701
Confidentiality
744.3715
Petition for interim judicial review
744.3725
Procedure for extraordinary authority
744.3735
Annual appearance of the guardian
744.4431
Guardianship power regarding life-prolonging procedures

Current through Fall 2025

§ 744.367. Duty to file annual guardianship report's source at flsenate​.gov