IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE ORDER NO. 2007-065 PA/PI-CIR
RE: INCAPACITY
AND GUARDIANSHIP CASES - INDIGENT
PERSONS
The Clerk of the Circuit Court, the
Sixth Judicial Circuit on behalf of the State of
The Sixth Judicial Circuit will expend funds for the guardianship examining committee appointed pursuant to chapter 744, Florida Statutes. The members of the guardianship examining committee are under contract with the Court and, in cases involving an indigent ward, are paid through funds appropriated by the Florida Legislature to the state courts system.
Pursuant to chapters 27 and 744,
Florida Statutes, the State of
The procedures for the recovery of costs that have been incurred by the Clerk of the Circuit Court, the Sixth Judicial Circuit on behalf of the State of Florida, and the Justice Administrative Commission on behalf of the State of Florida need to be revised to include restoration proceedings and to include references to the regional counsel. Therefore,
IT IS ORDERED:
1. When the filing fee for a proceeding under chapter 744 is not paid due to the indigence of the alleged incapacitated person or the indigence of the ward, the Clerk of the Circuit Court may file a statement of claim in the guardianship case. When the Clerk of the Circuit Court incurs additional costs as specifically provided for in chapter 744, the Clerk of the Circuit Court may file a statement of claim for those costs in the guardianship case. Whenever the Clerk of the Circuit Court files a statement of claim, the Clerk of the Circuit Court shall prepare an Order Requiring Payment of Filing Fees and Costs. The Order shall be substantially similar to the attached form order.
2. When the Court appoints a guardianship examining committee or other expert to examine the ward, including a physician appointed pursuant to section 744.464, Florida Statutes, and the State of Florida Sixth Judicial Circuit is ordered to pay such costs, the Clerk of the Circuit Court shall file a statement of claim on behalf of the State of Florida Sixth Judicial Circuit. The statement of claim shall be substantially similar to the attached form.
3. When
the State of
4. If assets are later discovered or accumulated in the guardianship estate, the guardian may, without further order of the Court, pay such liens. All checks submitted for such payments by the guardian shall include the case number on the check. Unless the judge in an individual case orders a different priority, payments shall be made in the following order of priority:
a. Costs of the filing fee. Checks should be made
payable to Clerk of the Circuit Court. In
Clerk of the Circuit Court
Attention: Guardianship Section
P. O. Drawer 338
New Port
In
Clerk of the Circuit Court
315 Court Street
b. Costs of the
guardianship examining committee or other expert appointed by the Court to
examine the ward, including a physician appointed pursuant to Section 744.464,
Florida Statutes. Checks should be made payable to the State of
In
Clerk of the Circuit Court
Attention: Guardianship Section
P. O. Drawer 338
New Port
The Clerk of the Circuit Court will docket receipt of payment and forward it to the Administrative Office of the Courts in New Port Richey.
In
Fiscal Office
Administrative Office of the Courts
c. Additional statutory fees including any audit fees assessed by the Clerk of the Circuit Court. Checks should be made payable to the Clerk of the Circuit Court and forwarded to the address listed in paragraph a.
d. Costs for the
regional counsel or the court appointed private attorney. Checks should be made
payable to the State of
Justice Administrative Commission
5. The Clerk of the Circuit Court, the Administrative Office of the Courts, and the Justice Administrative Commission shall file a notice of receipt of payment in the guardianship case whenever payment is made by the guardian.
Administrative Order 2004-100 PA/PI-CIR is hereby rescinded.
DONE AND ORDERED in Chambers at
_________________________________
Robert J. Morris, Jr., Chief Judge
cc: All Judges
The Honorable
The Honorable
The Honorable
The Honorable Jed Pittman, Clerk of the Circuit Court,
Debbie Gay, Assistant Court Services Director, Pasco County Clerk’s Office
Gay L. Inskeep, Trial Courts Administrator
Bar Associations,
Law Libraries,
IN THE CIRCUIT COURT, SIXTH JUDICIAL
CIRCUIT
IN AND FOR PASCO/PINELLAS COUNTY,
PROBATE DIVISION
IN RE: THE GUARDIANSHIP OF CASE NO.:______________________
UCN:___________________________
____________________________
Incapacitated
ORDER
REQUIRING PAYMENT OF FILING FEES AND COSTS
THIS CAUSE coming on to be heard on the motion of the Clerk of the Circuit Court and the Court having reviewed the file and being otherwise fully advised in the premises, the Court finds that filing fees and costs were previously deferred by the Clerk of the Circuit Court of Pasco/Pinellas County in the above-captioned guardianship after it was determined that the ward was indigent. Pursuant to Sections 27.52 and 744.105, Florida Statutes, the Clerk of the Circuit Court has a right to recover these filing fees and costs in the event assets, income, or property are identified as part of the guardianship estate. Therefore, it is
ORDERED AND ADJUDGED that, in the event sufficient funds are
identified as part of the guardianship estate, the guardian shall be required
to pay the Clerk of the
DONE AND ORDERED in Chambers at___________________________,
Pasco/Pinellas County, Florida, this ______ day of_____________________, 20___.
______________________________
CIRCUIT COURT JUDGE
cc: Guardian:
Attorney for Guardian:
IN
THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO/PINELLAS COUNTY,
PROBATE DIVISION
IN RE: THE GUARDIANSHIP OF CASE NO.:______________________
UCN:___________________________
______________________________
Incapacitated
STATEMENT OF CLAIM
COMES
NOW the Clerk of the
1. The following fees were expended in the above-captioned guardianship case:
FEES EXPENDED
Filing Fees and Costs $_________
(Make check payable to
Clerk of the Circuit Court)
Examining Committee Fees $_________
(Make check payable to The State of Florida,
Sixth Judicial Circuit)
Physician Fees $_________
(Make check payable to The State of Florida,
Sixth Judicial Circuit)
TOTAL AMOUNT OF CLAIM $_________
2. These fees and costs have been incurred as a result of the proceedings to determine capacity of the above-mentioned individual, in guardianship case number _________________.
3. Pursuant to Section 27.52, Florida Statutes, the filing fees in a guardianship case may be waived if the ward is indigent; however, the Clerk of the Circuit Court is entitled to file a claim for reimbursement of filing fees waived under this provision. Pursuant to Section 744.105, Florida Statutes, costs may be awarded in guardianship proceedings.
4. Pursuant to Section 744.331, Florida
Statutes, fees for the examining committee of an indigent individual in a
guardianship proceeding shall be paid by the State of
5. Pursuant
to Section 744.464, Florida Statutes, the Court shall appoint a physician to
examine the incapacitated individual when a suggestion of capacity is filed.
When the incapacitated person is indigent, the cost of the physician is paid by
the State of
6. The Clerk of the
7. In addition, the Clerk of the
WHEREFORE, the Clerk of the Circuit Court of Pasco/Pinellas County, on behalf of the Clerk and on behalf of the State of Florida, Sixth Judicial Circuit, requests that this Court consider this as a claim for the amounts set forth above to secure repayment of the respective claims and requests such other and further relief to which it may be entitled.
DATED this______day of , 20___.
COPIES HAVE BEEN FURNISHED TO:
Guardian:
Attorney for Guardian:
Court File
CLERK OF THE CIRCUIT COURT OF
PASCO/PINELLAS COUNTY,
By:________________________________
DEPUTY CLERK
IN
THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO/PINELLAS COUNTY,
PROBATE DIVISION
IN RE: THE GUARDIANSHIP OF FILE NO:_____________________
FILE NO:_____________________
_____________________________
Incapacitated
STATEMENT OF CLAIM
COMES NOW
_________________________, the attorney appointed by the Court to represent
the incapacitated person named above, on behalf of the State of
1. The following fees and costs were expended in the above-captioned guardianship case:
FEES EXPENDED
Attorney Fees and Costs $________
(Make
check payable to State of
Justice Administrative Commission)
TOTAL AMOUNT OF CLAIM $________
2. These fees and costs have been incurred as a result of the proceedings to determine capacity of the above-captioned individual, in guardianship case number__________________.
3. Pursuant to Sections 27.511 and 744.331,
Florida Statutes, fees for the regional counsel or for a private attorney
appointed to represent an individual in a guardianship proceeding may be paid
by the State of
4. Pursuant to Section 744.464, Florida
Statutes, when an objection to the suggestion of capacity is filed or when the
medical examination suggests that a full restoration of rights is not
appropriate, the Court shall appoint the regional counsel or a private attorney
to represent the ward if the ward does not have an attorney. Fees for the regional counsel or for a private
attorney appointed to represent an individual in a guardianship proceeding may
be paid by the State of
5. Therefore,
_______________________ , the attorney appointed to represent the ward or
alleged incapacitated person in the above-captioned guardianship case, on
behalf of the State of
WHEREFORE, ____________________________, the attorney for the above-captioned incapacitated person, on behalf of the State of Florida, Justice Administrative Commission, requests that this Court consider this as a claim for the amount set forth above to secure repayment of the claim and requests such other and further relief to which it may be entitled.
DATED this _____ day of , 20___.
COPIES HAVE BEEN FURNISHED TO:
Guardian:
Attorney for Guardian:
Court File
BY:______________________________
ATTORNEY FOR THE
INCAPACITATED WARD