Florida Statute 744.107 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 744.107

Total Results: 15

Swan v. Trost

Court: District Court of Appeal of Florida | Date Filed: 2012-11-09

Citation: 100 So. 3d 1205, 2012 Fla. App. LEXIS 19550

Snippet: court to appoint a monitor pursuant to section 744.107(1), which allows the court to appoint a monitor

In Re Amend. to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Snippet: Capacity; appointment of guardian advocate. § 744.107, Fla. Stat. Court monitors. § 744.3701, Fla. Stat

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2007-02-01

Citation: 948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Snippet: 2006 Revision: New rule. Statutory References § 744.107, Fla. Stat. Court monitors. § 744.3701, Fla. Stat

Hayes v. Guardianship of Thompson

Court: Supreme Court of Florida | Date Filed: 2006-11-09

Citation: 952 So. 2d 498, 2006 WL 3228916

Snippet: authorized to appoint a monitor under section 744.107, Florida Statutes (2006). This section provides

Wixtrom v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2004-01-09

Citation: 864 So. 2d 534, 2004 Fla. App. LEXIS 161

Snippet: (2003). . § 744.3725, Fla. Stat. (2003). . § 744.107, Fla. Stat. (2003).

In Re Guardianship of JDS

Court: District Court of Appeal of Florida | Date Filed: 2004-01-09

Citation: 864 So. 2d 534, 2004 WL 42619

Snippet: [11] § 744.3725, Fla. Stat. (2003). [12] § 744.107, Fla. Stat. (2003). [1] The terms "human being"

Keithly v. Vance

Court: District Court of Appeal of Florida | Date Filed: 2003-09-26

Citation: 854 So. 2d 854, 2003 Fla. App. LEXIS 14550, 2003 WL 22213630

Snippet: Carol Vance as Special Monitor pursuant to section 744.107, Florida Statutes (2001). The order required Keithly

Gerren v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-04-19

Citation: 672 So. 2d 85, 1996 Fla. App. LEXIS 3903

Snippet: It also appointed a monitor pursuant to section 744.107, Florida Statutes (1989). At the same time, the

Murphey v. Catholic Charities of the Diocese of Palm Beach, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1993-10-13

Citation: 630 So. 2d 591, 1993 Fla. App. LEXIS 10324

Snippet: then appoint a court monitor, pursuant to section 744.107, to report to the court and guardian ad litem as

Glatthar v. Hoequist

Court: District Court of Appeal of Florida | Date Filed: 1992-06-05

Citation: 600 So. 2d 1205, 1992 Fla. App. LEXIS 5821, 1992 WL 118343

Snippet: could appoint a court monitor, pursuant to section 744.107,7 to report to the court and guardian ad litem

In re Guardianship of Anderson

Court: District Court of Appeal of Florida | Date Filed: 1990-09-26

Citation: 568 So. 2d 958, 1990 Fla. App. LEXIS 7447, 1990 WL 142521

Snippet: second appointed a visitor pursuant to section 744.107, Florida Statutes (1987), to investigate allegations

Lawrence v. Norris

Court: District Court of Appeal of Florida | Date Filed: 1990-06-25

Citation: 563 So. 2d 195, 1990 Fla. App. LEXIS 4529

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

In Re Guardianship of Lawrence

Court: District Court of Appeal of Florida | Date Filed: 1990-06-25

Citation: 563 So. 2d 195, 1990 WL 85453

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

Stocks v. Lee

Court: Supreme Court of Florida | Date Filed: 1940-10-25

Citation: 198 So. 211, 144 Fla. 627, 1940 Fla. LEXIS 1106

Snippet: ordinance. Sylvania v. Hilton,123 Ga. 754, 51 S.E. 744, 107 AM SR 162, 2 LRANS 483; People v. Gardner, 143

City of Pensacola v. Herron

Court: Supreme Court of Florida | Date Filed: 1933-11-16

Citation: 150 So. 877, 112 Fla. 742, 1933 Fla. LEXIS 2343

Snippet: contrary. Compare: Davis v. State, 90 Fla. 816, *Page 744 107 Sou. Rep. 245, with Cobb v. Twitchell, 91 Fla.