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Florida Statute 744.1095 - Full Text and Legal Analysis Florida Statute 744.1095 | Lawyer Caselaw & Research
Fla. Stat. § 744.1095 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
744.1095 Hearings.—At any hearing under this chapter, the alleged incapacitated person or the adjudicated ward has the right to:
(1) Remain silent and refuse to testify at the hearing. The person may not be held in contempt of court or otherwise penalized for refusing to testify. Refusal to testify may not be used as evidence of incapacity;
(2) Testify;
(3) Present evidence;
(4) Call witnesses;
(5) Confront and cross-examine all witnesses; and
(6) Have the hearing open or closed as she or he may choose.
History.—s. 13, ch. 89-96; s. 6, ch. 90-271; s. 1069, ch. 97-102.

Cases Citing F.S. 744.1095

Fla. Stat. § 744.1095 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991).

Cited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

...Committee Notes This is a new rule permitting an alleged incapacitated person, or adjudicated ward, the election to have all hearings open or closed at any time by oral or written election. Rule History 1991 Revision: New rule. Statutory Reference § 744.1095, Fla....
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Cited as authorityMorgenthau (2009)
phrase: "rule_authority"
Cited as authorityHayes (2006)
phrase: "rule_authority"
Adopted(citing case) (2003)
phrase: "adopted by"
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·Shen v. Parkes, 100 So. 3d 1189 (Fla. 4th DCA 2012).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 18965, 2012 WL 5347641

...ry hearing.... Even when hearsay can be considered over objection, hearsay ... is not deemed competent, substantial evidence sufficient to support a factual finding.”) The relevant statute here, as in G.T., provides for an evidentiary hearing. See § 744.1095, Fla....
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Cited as authority(citing case) (2024)
phrase: "rule_authority"
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·In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

...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....
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Cited as authority(citing case) (2014)
phrase: "rule_authority"
Cited as authorityShellito (2013)
phrase: "rule_authority"
Cited as authority(citing case) (2011)
phrase: "rule_authority"
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·In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992).

Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

...Committee Notes This is a new rule permitting an alleged incapacitated person, or adjudicated ward, the election 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. Statutory Reference § 744.1095, Fla.Stat....
0 red0 yellow1 green0 procedural
AdoptedHammock (2005)
phrase: "adopted by"
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This Florida statute resource is curated by an Orange Park personal injury and workers' comp lawyer, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.