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In the Circuit Court of the Twelfth Judicial Circuit in and for
DeSoto, Manatee and Sarasota counties, Florida

Administrative Order No: 2018–8.5

(rescinds and supersedes Administrative Order 2015–2.5)

In Re:

Court Appointment of Non Professional
Guardians in Guardianship Cases

Whereas, Section 744.3135(1), Florida Statutes, requires all nonprofessional guardians to undergo a Level 2 background screening and credit check; and

Whereas, Section 744.3135(1) mandates that the court consider the results of any investigation before appointing a guardian; and

Whereas, Section 744.3135(1) mandates that the court consider the results of any investigation in determining whether to reappoint a guardian; and

Whereas, Section 744.3135(1) requires the Clerk to maintain a file on each guardian appointed by the Court and retain in the file documentation of the result of any investigation conducted; and

Whereas, Section 744.3135(2) requires the Clerk to maintain the results of a fingerprint criminal history record check and make the results available to the Court; and

Whereas, it is in the interest of justice that the judiciary be informed of these results, in accordance with the authority vested in the Chief Judge by Rule 2.215 of the Florida Rules of Judicial Administration, it is,

Ordered that:

  1. In all instances in which a nonprofessional guardian, as defined by Section 744.3135(1), Florida Statutes, seeks court appointment, upon receipt, the Clerk of the Circuit Court shall maintain the statutorily required Level 2 screening results, a summary of which shall be filed into the corresponding guardianship case.
  2. In all instances in which a nonprofessional guardian, as defined by Section 744.3135(1), Florida Statutes, seeks court appointment, the Clerk, upon receipt, shall file the statutorily mandated credit history reports into the court file. The Clerk shall redact the credit history reports as appropriate.
  3. The attorney for the Petitioner and the attorney for the Ward are entitled to see both the Level 2 screening results and the credit history reports. Any other attorney of record may petition the Court to see the Level 2 screening results and the credit history reports.
  4. Administrative Order 2015-2.5 is hereby rescinded.
  5. This Administrative Order is effective immediately.

Done and ordered in Sarasota, Sarasota County, Florida, this 15th day of May, 2018.

Charles E. Williams
Chief Judge

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