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Florida Statute 744.351 | Lawyer Caselaw & Research
F.S. 744.351 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 744.351

The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
F.S. 744.351
744.351 Bond of guardian.
(1) Before exercising his or her authority as guardian, every person appointed a guardian of the property of a ward in this state shall file a bond with surety as prescribed in s. 45.011 to be approved by the clerk. The bond shall be payable to the Governor of the state and the Governor’s successors in office, conditioned on the faithful performance of all duties by the guardian. In form the bond shall be joint and several. When the petitioner or guardian presents compelling reasons, the court may waive a bond or require the use of a designated financial institution as defined in s. 655.005(1).
(2) When the sureties on a bond are natural persons, the guardian shall be required to file with the annual guardianship report proof satisfactory to the court that the sureties are alive and solvent.
(3) The penal sum of a guardian’s bond shall be fixed by the court, and it must be in an amount not less than the full amount of the cash on hand and on deposit belonging to the ward and subject to the control of the guardian, plus the value of the notes and bonds owned by the ward that are payable to bearer, and plus the value of all other intangible personal property, in whatever form, owned by the ward which has a market value which readily can be fixed and which intangible personal property readily can be traded for cash or its equivalent.
(4) For good cause, the court may require, or increase or reduce the amount of, bond or change or release the surety.
(5) Financial institutions as defined in s. 744.309(4), other than a trust company operating under chapter 662 which is not a licensed family trust company or foreign licensed family trust company, and public guardians authorized by law to be guardians are not required to file bonds.
(6) When it is expedient in the judgment of any court having jurisdiction of any guardianship property, because the size of the bond required of the guardian is burdensome, or for other cause, the court may order, in lieu of a bond or in addition to a lesser bond, that the guardian place all or part of the property of the ward in a designated financial institution under the same conditions and limitations as are contained in s. 69.031. A designated financial institution shall also include a dealer as defined in s. 517.021 if the dealer is a member of the Security Investment Protection Corporation and is doing business in the state.
History.s. 1, ch. 74-106; ss. 19, 26, ch. 75-222; s. 1, ch. 77-174; s. 2, ch. 78-342; s. 2, ch. 86-120; s. 41, ch. 89-96; s. 26, ch. 90-271; s. 30, ch. 95-401; s. 9, ch. 96-354; s. 1785, ch. 97-102; s. 39, ch. 2014-97; s. 21, ch. 2023-205.
Note.Created from former s. 744.38.

F.S. 744.351 on Google Scholar

F.S. 744.351 on Casetext

Amendments to 744.351


Arrestable Offenses / Crimes under Fla. Stat. 744.351
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.351.



Annotations, Discussions, Cases:

Cases from cite.case.law:

F. CONNORS, Jr. v. LAKE DEXTER WOODS HOMEOWNERS ASSOCIATION, INC., 50 So. 3d 1212 (Fla. Dist. Ct. App. 2010)

. . . responsibilities of the guardian advocate, including bonding of the guardian advocate, as provided in s. 744.351 . . .

THE FLORIDA BAR. In AMENDMENT TO INTEGRATION RULE AND BYLAWS RESPECTING CLIENTS SECURITY FUND, 346 So. 2d 537 (Fla. 1977)

. . . See, for example, §§ 733.402, 733.403, 744.351, 747.-12, Fla.Stat. (1975). . . . .

In CASTRO, a In CASTRO, a, 344 So. 2d 270 (Fla. Dist. Ct. App. 1977)

. . . Theresa Castro and Kimberly Ann Castro and to fix the amount of guardian’s bond pursuant to Section 744.351 . . .