(a) Application. All hearings under chapter 744 and under section 393.12, Florida Statutes, shall be open unless the alleged incapacitated person, adjudicated ward, or person alleged to have a developmental disability elects to have the hearing closed.(b) Election. An election to close a hearing may be made before the hearing by filing a written notice. Subject to the court's approval, an election to close or reopen a hearing may be made at any time during the hearing by oral or written motion.Amended by 986 So.2d 576, effective 7/10/2008; added by 584 So.2d 964, effective 10/1/1991; deleted by 531 So.2d 1261, effective 1/1/1989; amended by 517 So.2d 675, effective 12/23/1987; amended by 458 So.2d 1079, effective 1/1/1985; amended by 387 So.2d 949, effective 1/1/1981; amended by 344 So.2d 828, effective 7/1/1977; amended by 324 So.2d 38, effective 1/1/1976; adopted by 201 So. 2d 409, effective 1/1/1968.Committee Notes
This rule permits an alleged incapacitated person, adjudicated ward, or person alleged to have a developmental disability to elect to have all hearings open or closed at any time by oral or written election.
Rule History
1991 Revision: New rule.
1992 Revision: Committee notes revised.
2008 Revision: Subdivision (a) amended to include persons with a developmental disability. Committee notes revised.
Statutory References
§ 393.12, Fla. Stat. Capacity; appointment of guardian advocate.
§ 744.1095, Fla. Stat. Hearings.
§ 744.3085, Fla. Stat. Guardian advocates.
Rule Reference
Fla. Prob. R. 5.541 Recording of hearings.