Florida Statute 744.107 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 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.

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Amendments to 744.107

Annotations, Discussions, Cases:

Cases Citing Statute 744.107

Total Results: 11

Hayes v. Guardianship of Thompson

952 So. 2d 498, 2006 WL 3228916

Supreme Court of Florida | Filed: Nov 9, 2006 | Docket: 1703263

Cited 27 times | Published

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

In Re Guardianship of JDS

864 So. 2d 534, 2004 WL 42619

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 1426074

Cited 2 times | Published

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

Swan v. Trost

100 So. 3d 1205, 2012 Fla. App. LEXIS 19550, 2012 WL 5458080

District Court of Appeal of Florida | Filed: Nov 9, 2012 | Docket: 60225563

Published

trial 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

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

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

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

In re Amendments to the Florida Probate Rules

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

Supreme Court of Florida | Filed: Feb 1, 2007 | Docket: 64849101

Published

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

Wixtrom v. Department of Children & Families

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

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 64827650

Published

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

Keithly v. Vance

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

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 64825194

Published

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

Gerren v. State

672 So. 2d 85, 1996 Fla. App. LEXIS 3903, 1996 WL 185372

District Court of Appeal of Florida | Filed: Apr 19, 1996 | Docket: 64764009

Published

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

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

630 So. 2d 591, 1993 Fla. App. LEXIS 10324, 1993 WL 406652

District Court of Appeal of Florida | Filed: Oct 13, 1993 | Docket: 64745839

Published

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

Glatthar v. Hoequist

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

District Court of Appeal of Florida | Filed: Jun 5, 1992 | Docket: 64668539

Published

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

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

District Court of Appeal of Florida | Filed: Sep 26, 1990 | Docket: 64653880

Published

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