reglab/housing_qa huggingface dataset:
FL Stat § 736.1504 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XV - Community Property Trust Act (Ss. 736.1501-736.1512)|736.1504 - Agreement establishing community property trust; amendments and revocation.

736.1504 Agreement establishing community property trust; amendments and revocation.—(1) In the agreement establishing a community property trust, the settlor spouses may agree upon:(a) The rights and obligations in the property transferred to the trust, notwithstanding when and where the property is acquired or located.(b) The management and control of the property transferred into the trust.(c) The disposition of the property transferred to the trust on dissolution, death, or the occurrence or nonoccurrence of another event, subject to ss. 736.1507 and 736.1508.(d) Whether the trust is revocable or irrevocable.(e) Any other matter that affects the property transferred to the trust and does not violate public policy or general law imposing a criminal penalty, or result in the property not being treated as community property under the laws of a relevant jurisdiction.(2) In the event of the death of a settlor spouse, the surviving spouse may amend a community property trust regarding the disposition of that spouse’s one-half share of the community property, regardless of whether the agreement provides that the community property trust is irrevocable.(3) A community property trust may be amended or revoked by the settlor spouses unless the agreement itself specifically provides that the community property trust is irrevocable.(4) Notwithstanding any other provision of this code, the settlor spouses shall be deemed to be the only qualified beneficiaries of a community property trust until the death of one of the settlor spouses, regardless of whether the trust is revocable or irrevocable. After the death of one of the settlor spouses, the surviving spouse shall be deemed to be the only qualified beneficiary as to his or her share of the community property trust.History.—s. 32, ch. 2021-183.
FL Stat § 736.1505 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XV - Community Property Trust Act (Ss. 736.1501-736.1512)|736.1505 - Classification of property as community property; enforcement; duration; management and control; effect of distributions.

736.1505 Classification of property as community property; enforcement; duration; management and control; effect of distributions.—(1) Whether both, one, or neither is domiciled in the state, settlor spouses may classify any or all of their property as community property by transferring that property to a community property trust and providing in the trust that the property is community property pursuant to this part.(2) A community property trust is enforceable without consideration.(3) All property owned by a community property trust is community property under the laws of the state during the marriage of the settlor spouses.(4) The right to manage and control property that is transferred to a community property trust is determined by the terms of the trust agreement.(5) When property is distributed from a community property trust, the property shall no longer constitute community property within the meaning of this part, provided that community property as classified by a jurisdiction other than the state retains its character as community property to the extent otherwise provided by ss. 732.216-732.228.History.—s. 33, ch. 2021-183.
FL Stat § 736.1506 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XV - Community Property Trust Act (Ss. 736.1501-736.1512)|736.1506 - Satisfaction of obligations.

736.1506 Satisfaction of obligations.—Except as provided in s. 4, Art. X of the State Constitution:(1) An obligation solely incurred by one settlor spouse before or during the marriage may be satisfied from that settlor spouse’s one-half share of a community property trust, unless a greater amount is otherwise provided in the community property trust agreement.(2) An obligation incurred by both spouses during the marriage may be satisfied from a community property trust of the settlor spouses.History.—s. 34, ch. 2021-183.
FL Stat § 736.1507 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XV - Community Property Trust Act (Ss. 736.1501-736.1512)|736.1507 - Death of a spouse.

736.1507 Death of a spouse.—Upon the death of a spouse, one-half of the aggregate value of the property held in a community property trust established by the settlor spouses reflects the share of the surviving spouse and is not subject to testamentary disposition by the decedent spouse or distribution under the laws of succession of the state. The other one-half of the value of that property reflects the share of the decedent spouse and is subject to testamentary disposition or distribution under the laws of succession of the state. Unless provided otherwise in the community property trust agreement, the trustee has the power to distribute assets of the trust in divided or undivided interests and to adjust resulting differences in valuation. A distribution in kind may be made on the basis of a non-pro rata division of the aggregate value of the trust assets, on the basis of a pro rata division of each individual asset, or by using both methods. The decedent’s spouse’s one-half share shall not be included in the elective estate.History.—s. 35, ch. 2021-183.
FL Stat § 736.1509 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XV - Community Property Trust Act (Ss. 736.1501-736.1512)|736.1509 - Right of child to support.

736.1509 Right of child to support.—A community property trust does not adversely affect the right of a child of the settlor spouses to support, pursuant to s. 61.30 or the applicable law of another jurisdiction, that either spouse would be required to give under the applicable laws of the settlor spouses’ state of domicile.History.—s. 37, ch. 2021-183.
FL Stat § 736.151 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XV - Community Property Trust Act (Ss. 736.1501-736.1512)|736.151 - Homestead property.

736.151 Homestead property.—(1) Property that is transferred to or acquired subject to a community property trust may continue to qualify or may initially qualify as the settlor spouses’ homestead within the meaning of s. 4(a)(1), Art. X of the State Constitution and for all purposes of general law, provided that the property would qualify as the settlor spouses’ homestead if title was held in one or both of the settlor spouses’ individual names.(2) The settlor spouses shall be deemed to have beneficial title in equity to the homestead property held subject to a community property trust for all purposes, including for purposes of s. 196.031.History.—s. 38, ch. 2021-183.
FL Stat § 736.1511 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XV - Community Property Trust Act (Ss. 736.1501-736.1512)|736.1511 - Application of Internal Revenue Code; community property classified by another jurisdiction.

736.1511 Application of Internal Revenue Code; community property classified by another jurisdiction.—For purposes of the application of s. 1014(b)(6) of the Internal Revenue Code of 1986, 26 U.S.C. s. 1014(b)(6), as of January 1, 2021, a community property trust is considered a trust established under the community property laws of the state. Community property, as classified by a jurisdiction other than this state, which is transferred to a community property trust retains its character as community property while in the trust. If the trust is revoked and property is transferred on revocation of the trust, the community property as classified by a jurisdiction other than the state retains its character as community property to the extent otherwise provided by ss. 732.216-732.228.History.—s. 39, ch. 2021-183.
FL Stat § 736.1512 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XV - Community Property Trust Act (Ss. 736.1501-736.1512)|736.1512 - Unenforceable trusts.

736.1512 Unenforceable trusts.—(1) A community property trust executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that:(a) The trust was unconscionable when made;(b) The spouse against whom enforcement is sought did not execute the community property trust agreement voluntarily;(c) The community property trust agreement was the product of fraud, duress, coercion, or overreaching; or(d) Before execution of the community property trust agreement, the spouse against whom enforcement is sought:1. Was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse.2. Did not voluntarily sign a written waiver expressly waiving right to disclosure of the property and financial obligations of the other spouse beyond the disclosure provided.3. Did not have notice of the property or financial obligations of the other spouse.(2) Whether a community property trust is unconscionable shall be determined by a court as a matter of law.(3) A community property trust may not be deemed unenforceable solely on the fact that the settlor spouses did not have separate legal representation when executing the community property trust agreement.History.—s. 40, ch. 2021-183.
FL Stat § 744.101 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part I - General Provisions (Ss. 744.101-744.1098)|744.101 - Short title.

744.101 Short title.—This chapter may be cited as the “Florida Guardianship Law.”History.—s. 1, ch. 74-106; s. 1, ch. 89-96.Note.—Created from former s. 744.01.
FL Stat § 744.1012 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part I - General Provisions (Ss. 744.101-744.1098)|744.1012 - Legislative intent.

744.1012 Legislative intent.—The Legislature finds that:(1) Adjudicating a person totally incapacitated and in need of a guardian deprives such person of all her or his civil and legal rights and that such deprivation may be unnecessary.(2) It is desirable to make available the least restrictive form of guardianship to assist persons who are only partially incapable of caring for their needs and that alternatives to guardianship and less restrictive means of assistance, including, but not limited to, guardian advocates, be explored before a plenary guardian is appointed.(3) By recognizing that every individual has unique needs and differing abilities, it is the purpose of this act to promote the public welfare by establishing a system that permits incapacitated persons to participate as fully as possible in all decisions affecting them; that assists such persons in meeting the essential requirements for their physical health and safety, in protecting their rights, in managing their financial resources, and in developing or regaining their abilities to the maximum extent possible; and that accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in her or his own behalf. This act shall be liberally construed to accomplish this purpose.(4) Private guardianship may be inadequate when there is no willing and responsible family member or friend, other person, bank, or corporation available to serve as guardian for an incapacitated person, and such person does not have adequate income or wealth for the compensation of a private guardian.(5) Through the establishment of the Office of Public and Professional Guardians, the Legislature intends to permit the establishment of offices of public guardians for the purpose of providing guardianship services for incapacitated persons when no private guardian is available.(6) A public guardian will be provided only to those persons whose needs cannot be met through less restrictive means of intervention. A public guardian may also serve in the capacity of a limited guardian or guardian advocate under s. 393.12 when the public guardian is the guardian of last resort as described in subsection (4).History.—s. 3, ch. 89-96; s. 1, ch. 90-271; s. 1067, ch. 97-102; s. 4, ch. 2016-40.
FL Stat § 744.1025 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part I - General Provisions (Ss. 744.101-744.1098)|744.1025 - Additional definitions.

744.1025 Additional definitions.—The definitions contained in the Florida Probate Code shall be applicable to the Florida Guardianship Law, unless the context requires otherwise, insofar as such definitions do not conflict with definitions contained in this law.History.—s. 2, ch. 79-221; s. 5, ch. 89-96.
FL Stat § 744.104 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part I - General Provisions (Ss. 744.101-744.1098)|744.104 - Verification of documents.

744.104 Verification of documents.—When verification of a document is required in this chapter or by rule, the document filed shall include an oath or affirmation or the following statement: “Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true to the best of my knowledge and belief.” Any person who shall willfully include a false statement in the document shall be guilty of perjury and upon conviction shall be punished accordingly.History.—s. 1, ch. 74-106; s. 2, ch. 75-222; s. 7, ch. 89-96.Note.—Created from former s. 744.37.
FL Stat § 744.105 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part I - General Provisions (Ss. 744.101-744.1098)|744.105 - Costs.

744.105 Costs.—In all guardianship proceedings, costs may be awarded. When the costs are to be paid out of the property of the ward, the court may direct from what part of the property the costs shall be paid.History.—s. 1, ch. 74-106; s. 8, ch. 89-96; s. 3, ch. 90-271.Note.—Created from former s. 744.47.
FL Stat § 744.106 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part I - General Provisions (Ss. 744.101-744.1098)|744.106 - Notice.

744.106 Notice.—The requirements for notice under this chapter are those provided for in the Florida Probate Rules except as provided in s. 744.331(1).History.—s. 4, ch. 75-222; s. 9, ch. 89-96; s. 65, ch. 95-211.
FL Stat § 744.107 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part I - General Provisions (Ss. 744.101-744.1098)|744.107 - Court monitors.

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.
FL Stat § 744.1076 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part I - General Provisions (Ss. 744.101-744.1098)|744.1076 - Court orders appointing court monitors and emergency court monitors; reports of court monitors; orders finding no probable cause; public records exemptions.

744.1076 Court orders appointing court monitors and emergency court monitors; reports of court monitors; orders finding no probable cause; public records exemptions.—(1)(a) The order of any court appointing a court monitor pursuant to s. 744.107 or an emergency court monitor pursuant to s. 744.1075 is exempt from s. 24(a), Art. I of the State Constitution.(b) The reports of an appointed court monitor or emergency court monitor relating to the medical condition, financial affairs, or mental health of the ward are confidential and exempt from s. 24(a), Art. I of the State Constitution. Such reports may be subject to inspection as determined by the court or upon a showing of good cause.(c) The public records exemptions provided in this subsection expire if a court makes a finding of probable cause, except that information otherwise made confidential or exempt shall retain its confidential or exempt status.(2) Court orders finding no probable cause pursuant to s. 744.107 or s. 744.1075 are confidential and exempt from s. 24(a), Art. I of the State Constitution; however, such orders may be subject to inspection as determined by the court or upon a showing of good cause.History.—s. 1, ch. 2006-129; s. 161, ch. 2008-4; s. 1, ch. 2011-204.
FL Stat § 744.109 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part I - General Provisions (Ss. 744.101-744.1098)|744.109 - Records.

744.109 Records.—(1) All hearings on appointment of a guardian; adjudication of incapacity; modification, termination, or revocation of the adjudication of incapacity; or restoration of capacity must be electronically or stenographically recorded.(2) If an appeal is taken from any of these proceedings, a transcript must be furnished to an indigent ward at public expense.History.—s. 12, ch. 89-96.
FL Stat § 744.1095 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part I - General Provisions (Ss. 744.101-744.1098)|744.1095 - Hearings.

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.
FL Stat § 744.1096 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part I - General Provisions (Ss. 744.101-744.1098)|744.1096 - Domicile of ward.

744.1096 Domicile of ward.—The domicile of a resident ward is the county where the ward resides.History.—s. 1, ch. 74-106; s. 5, ch. 75-222; s. 14, ch. 89-96; s. 5, ch. 2016-40.Note.—Created from former s. 744.10; former s. 744.201.
FL Stat § 744.1097 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part I - General Provisions (Ss. 744.101-744.1098)|744.1097 - Venue.

744.1097 Venue.—(1) The venue in proceedings for declaration of incapacity shall be where the alleged incapacitated person resides or is found. The provisions of this section do not apply to veterans.(2) The venue in proceedings for the appointment of a guardian shall be:(a) If the incapacitated person is a resident of this state, in the county where the incapacitated person resides.(b) If the incapacitated person is not a resident of this state, in any county in this state where property of the incapacitated person is located.(c) If the incapacitated person is not a resident of this state and owns no property in this state, in the county where any debtor of the incapacitated person resides.(d) If the incapacitated person is a child or young adult under the jurisdiction of a dependency court, in the county where the child or young adult resides or in the county having jurisdiction of the dependency case.(3) When the residence of an incapacitated person is changed to another county, the guardian shall petition to have the venue of the guardianship changed to the county of the acquired residence, except in cases where venue was established under paragraph (2)(d) or as provided in s. 744.1098.(4) If an incapacitated person is a resident of this state and is found in a county other than the county of residence, the venue for declaration of incapacity and for the appointment of a guardian may be the county where the incapacitated person is found. Upon transfer of the incapacitated person to the county of residence, the guardian may have the venue of the guardianship changed to the county of residence and a successor guardian may be appointed.History.—s. 1, ch. 74-106; s. 5, ch. 75-222; s. 15, ch. 89-96; s. 7, ch. 90-271; s. 33, ch. 95-401; s. 3, ch. 96-354; s. 6, ch. 2016-40; s. 1, ch. 2019-10.Note.—Created from former s. 744.11; former s. 744.202.
FL Stat § 744.1098 (2021)
2021 Florida Statutes|Title XLIII - Domestic Relations|Chapter 744 - Guardianship|Part I - General Provisions (Ss. 744.101-744.1098)|744.1098 - Change of ward’s residence.

744.1098 Change of ward’s residence.—(1) PRIOR COURT APPROVAL REQUIRED.—A guardian who has power pursuant to this chapter to determine the residence of the ward may not, without court approval, change the residence of the ward from this state to another, or from one county of this state to another county of this state, unless such county is adjacent to the county of the ward’s current residence. Any guardian who wishes to remove the ward from the ward’s current county of residence to another county which is not adjacent to the ward’s current county of residence must obtain court approval prior to removal of the ward. In granting its approval, the court shall, at a minimum, consider the reason for such relocation and the longevity of such relocation.(2) IMMEDIATE COURT NOTIFICATION REQUIRED.—Any guardian who wishes to remove the ward from the ward’s current county of residence to another county adjacent to the ward’s county of residence shall notify the court having jurisdiction of the guardianship within 15 days after relocation of the ward. Such notice shall state the compelling reasons for relocation of the ward and how long the guardian expects the ward to remain in such other county.History.—s. 16, ch. 89-96; s. 8, ch. 90-271; s. 4, ch. 96-354; s. 7, ch. 2016-40.Note.—Former s. 744.2025.