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RULE 5.541. RECORDING OF HEARINGS

Compilation updated · Source captured 2026-10-10. Florida Bar compilation; later amendments may exist. A compilation update date is not the effective date of every rule.

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RULE 5.541. RECORDING OF HEARINGS

Electronic or stenographic recordings shall be made of all hearings on the:

(a) adjudication of incapacity;

(b) appointment of a guardian;

(c) modification, termination, or revocation of the adjudication of incapacity;

(d) restoration of capacity; or

(e) restoration of rights.

Committee Notes

This rule represents a rule implementation of the procedure found in sections 744.109 and 744.3031, Florida Statutes. It is not intended to change the effect of the statutes from which it is derived, or to create a new procedure or modify an existing procedure.

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Rule History

1991 Revision: New rule.

1992 Revision: Editorial changes. Committee notes revised. Citation form change in committee notes.

2003 Revision: Committee notes revised.

2008 Revision: New subdivision (e) added for proceedings involving guardian advocates. Committee notes revised.

Statutory References

§ 393.12, Fla. Stat. Capacity; appointment of guardian advocate.

§ 744.109, Fla. Stat. Records.

§ 744.3031, Fla. Stat. Emergency temporary guardianship.

§ 744.3085, Fla. Stat. Guardian advocates.

§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.

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