The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.107

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.

F.S. 744.107 on Google Scholar

F.S. 744.107 on Casetext

Amendments to 744.107

Arrestable Offenses / Crimes under Fla. Stat. 744.107

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.107.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In GUARDIANSHIP OF TROST. s v., 100 So. 3d 1205 (Fla. Dist. Ct. App. 2012)

. . . Count I of the petition asked the trial court to appoint a monitor pursuant to section 744.107(1), which . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 744.107, Fla. Stat. Court monitors. § 744.3701, Fla. Stat. Inspection of report. RULE 5.725. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

. . . Statutory References § 744.107, Fla. Stat. Court monitors. § 744.3701, Fla. Stat. . . .

F. HAYES, Jr. v. GUARDIANSHIP OF E. THOMPSON,, 952 So. 2d 498 (Fla. 2006)

. . . The circuit court was authorized to appoint a monitor under section 744.107, Florida Statutes (2006). . . . information, examine documents, or interview the ward, and shall report to the court his or her findings.” § 744.107 . . .

In GUARDIANSHIP OF J. D. S. v., 864 So. 2d 534 (Fla. Dist. Ct. App. 2004)

. . . . § 744.107, Fla. Stat. (2003). . . .

KEITHLY, v. VANCE,, 854 So. 2d 854 (Fla. Dist. Ct. App. 2003)

. . . 2001, the probate court entered an order appointing Carol Vance as Special Monitor pursuant to section 744.107 . . .

In GUARDIANSHIP OF M. MEYER, J. GERREN, v. STATE, 672 So. 2d 85 (Fla. Dist. Ct. App. 1996)

. . . It also appointed a monitor pursuant to section 744.107, Florida Statutes (1989). . . .

In GUARDIANSHIP OF D. MURPHEY, D. MURPHEY, v. CATHOLIC CHARITIES OF DIOCESE OF PALM BEACH, INC., 630 So. 2d 591 (Fla. Dist. Ct. App. 1993)

. . . fifth district suggested that the lower court could then appoint a court monitor, pursuant to section 744.107 . . .

GLATTHAR, v. E. HOEQUIST,, 600 So. 2d 1205 (Fla. Dist. Ct. App. 1992)

. . . such compelling conflict exists, then the court could appoint a court monitor, pursuant to section 744.107 . . .

In GUARDIANSHIP OF M. ANDERSON, 568 So. 2d 958 (Fla. Dist. Ct. App. 1990)

. . . required unimpeded access by the guardian to the ward; the second appointed a visitor pursuant to section 744.107 . . .

In GUARDIANSHIP OF LAWRENCE, LAWRENCE, v. K. NORRIS,, 563 So. 2d 195 (Fla. Dist. Ct. App. 1990)

. . . This petition was filed pursuant to sections 744.107 and 744.434, Florida Statutes. . . .

HANDY THINGS CO. v. TUCKER DORSEY MFG. CO., 188 F. 68 (7th Cir. 1911)

. . . on both sides in such manner that numerous perforations are made without waste of material, and No. 744.107 . . .