IN RE: AMENDMENTS TO the FLORIDA PROBATE RULES—VULNERABLE ADULTS. (2020)

Before the Court is the report of the Florida Probate Rules Committee (Committee) proposing amendments to the Florida Probate Rules. See Fla. R. Jud. Admin. 2.140(e). We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Committee proposes the addition of new rule 5.920 (Forms Related to Injunction for Protection Against Exploitation of a Vulnerable Adult) to the Florida Probate Rules. The proposal is in response to the 2018 enactment of section 825.1035, Florida Statutes (2019), which established an injunction process for vulnerable adults. See ch. 2018-100, § 2, Laws of Fla. The Committee and the Board of Governors of The Florida Bar unanimously approved the proposed new rule.

The Committee published its proposal for comment prior to filing it with the Court. One comment was received. Upon consideration of the comment, the Committee modified its proposal. After the Committee filed its report, the Court republished the proposal for comment. No comments were received.

Having considered the Committee's report, the Court hereby adopts new rule 5.920 as proposed by the Committee. Subdivision (a) (Petition for Injunction) contains a form petition for injunction against the exploitation of a vulnerable adult. Subdivisions (b) (Temporary Protective Injunction Against Exploitation of a Vulnerable Adult), (c) (Order Denying Injunction and Notice of Hearing), and (d) (Final Protective Injunction) contain form orders for use by a court in ruling on petitions for injunction against the exploitation of a vulnerable adult.

Accordingly, new rule 5.920, as reflected in the appendix to this opinion, is added to the Florida Probate Rules. The new rule shall become effective immediately upon the release of this opinion.

It is so ordered.

Appendix

PER CURIAM.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, and COURIEL, JJ., concur. GROSSHANS, J., did not participate.