Florida Statutes

Fla. Stat. § 744.107 (2025)

Court monitors.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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744.107 Court monitors.—

(1) The court may, upon inquiry from any interested person or upon its own motion in any proceeding over which it has jurisdiction, appoint a monitor. The court shall not appoint as a monitor a family member or any person with a personal interest in the proceedings. The order of appointment shall be served upon the guardian, the ward, and such other persons as the court may determine.

(2) The monitor may investigate, seek information, examine documents, or interview the ward and shall report to the court his or her findings. The report shall be verified and shall be served on the guardian, the ward, and such other persons as the court may determine.

(3) If it appears from the monitor’s report that further action by the court to protect the interests of the ward is necessary, the court shall, after a hearing with notice, enter any order necessary to protect the ward or the ward’s estate, including amending the plan, requiring an accounting, ordering production of assets, freezing assets, suspending a guardian, or initiating proceedings to remove a guardian.

(4) Unless otherwise prohibited by law, a monitor may be allowed a reasonable fee as determined by the court and paid from the property of the ward. No full-time state, county, or municipal employee or officer shall be paid a fee for such investigation and report. If the court finds the motion for court monitor to have been filed in bad faith, the costs of the proceeding, including attorney’s fees, may be assessed against the movant.

(5) The court may appoint the office of criminal conflict and civil regional counsel as monitor if the ward is indigent.

History.—ss. 18, 26, ch. 75-222; s. 10, ch. 89-96; s. 4, ch. 90-271; s. 1068, ch. 97-102; s. 2, ch. 2006-77; s. 2, ch. 2015-83.

Notes of Decisions

Cited in 11 cases, 1990–2012 · leading case: Hayes v. Guardianship of Thompson, 952 So. 2d 498 (Fla. 2006).

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Hayes v. Guardianship of Thompson, 952 So. 2d 498 (Fla. 2006). · cites it 4× “" [3] The circuit court was authorized to appoint a monitor under section 744.107, Florida Statutes (2006).”

In Re Guardianship of JDS, 864 So. 2d 534 (Fla. 5th DCA 2004). · cites it 2× “[12] § 744.107, Fla. Stat. (2003). [1] The terms "human being" and "person" are used herein interchangeably, as are the terms "unborn child" and "fetus.”

In re Guardianship of Anderson, 568 So. 2d 958 (Fla. 4th DCA 1990). · cites it 2× “The first order appealed required unimpeded access by the guardian to the ward; the second appointed a visitor pursuant to section 744.107, Florida Statutes (1987), to investigate allegations of undue influence; and the third order refused to vacate a previous order setting a…”

Gerren v. State, 672 So. 2d 85 (Fla. 2d DCA 1996). · cites it 2× “It also appointed a monitor pursuant to section 744.107, Florida Statutes (1989).”

Swan v. Trost, 100 So. 3d 1205 (Fla. 2d DCA 2012). “2 Count I *1208 of the petition asked the trial court to appoint a monitor pursuant to section 744.107(1), which allows the court to appoint a monitor “upon inquiry from any interested person.”

In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). · cites it 2× “§ 744.107, Fla. Stat. Court monitors. § 744.”

Wixtrom v. Dep't of Child. & Families, 864 So. 2d 534 (Fla. 5th DCA 2004). · cites it 2× “…(1993). . § 827.04(1), Fla. Stat. (1987). . § 744.3215(4)(e), Fla. Stat. (2003). . § 744.3725, Fla. Stat. (2003). . § 744.107, Fla. Stat. (2003).”

Glatthar v. Hoequist, 600 So. 2d 1205 (Fla. 5th DCA 1992). “6 If no such compelling conflict exists, then the court could appoint a court monitor, pursuant to section 744.107, 7 to report to the court and guardian ad litem as to whether or not any exercise of powers pursuant to section 744.”

Murphey v. Catholic Charities of the Diocese of Palm Beach, Inc., 630 So. 2d 591 (Fla. 4th DCA 1993). “If no compelling conflict is found to exist, the fifth district suggested that the lower court could then appoint a court monitor, pursuant to section 744.107, to report to the court and guardian ad litem as to whether or not any exercise of power pursuant to section 744.”

Keithly v. Vance, 854 So. 2d 854 (Fla. 2d DCA 2003). · cites it 2× “In November 2001, the probate court entered an order appointing Carol Vance as Special Monitor pursuant to section 744.107, Florida Statutes (2001).”

In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007). · cites it 2× “Statutory References § 744.107, Fla. Stat. Court monitors. § 744.”

— 744.107(1) — 1 case

— 744.107(2) — 1 case

Hayes v. Guardianship of Thompson, 952 So. 2d 498 (Fla. 2006). “" [3] The circuit court was authorized to appoint a monitor under section 744.107, Florida Statutes (2006).”

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