Florida Probate Rule 5.720
RULE 5.720. COURT MONITOR
(a) Appointment. Upon motion or inquiry by any interested
person or upon its own motion, the court may appoint a court
monitor in any proceeding over which it has jurisdiction.
(b) Order of Appointment. The order of appointment shall
state the name, address, and phone number of the monitor and
shall set forth the matters to be investigated. The order may
authorize the monitor to investigate, seek information, examine
documents, or interview the ward. The order of appointment shall
be served upon the guardian, the ward, and such other persons as
the court may determine.
(c) Report. The monitor shall file a verified written report
with the court setting forth the monitor’s findings. The report shall
be served on the guardian, the ward, and such other persons as the
court may determine.
(d) Protection of Ward. 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 property,
including amending the plan, requiring an accounting, ordering
production of assets, or initiating proceedings to remove a guardian.
Notice of the hearing shall be served on the guardian, the ward, and
such other persons as the court may determine.
Committee Notes
This rule applies to the non-emergency appointment of court
monitors.
Rule History
2006 Revision: New rule.
2008 Revision: Editorial change in (d). Committee notes
revised.
Statutory References
§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.
§ 744.107, Fla. Stat. Court monitors.
§ 744.3701, Fla. Stat. Inspection of report.
(a) Appointment. Upon motion or inquiry by any interested
person or upon its own motion, the court may appoint a court
monitor in any proceeding over which it has jurisdiction.
(b) Order of Appointment. The order of appointment shall
state the name, address, and phone number of the monitor and
shall set forth the matters to be investigated. The order may
authorize the monitor to investigate, seek information, examine
documents, or interview the ward. The order of appointment shall
be served upon the guardian, the ward, and such other persons as
the court may determine.
(c) Report. The monitor shall file a verified written report
with the court setting forth the monitor’s findings. The report shall
be served on the guardian, the ward, and such other persons as the
court may determine.
(d) Protection of Ward. 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 property,
including amending the plan, requiring an accounting, ordering
production of assets, or initiating proceedings to remove a guardian.
Notice of the hearing shall be served on the guardian, the ward, and
such other persons as the court may determine.
Committee Notes
This rule applies to the non-emergency appointment of court
monitors.
Rule History
2006 Revision: New rule.
2008 Revision: Editorial change in (d). Committee notes
revised.
Statutory References
§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.
§ 744.107, Fla. Stat. Court monitors.
§ 744.3701, Fla. Stat. Inspection of report.