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2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.07 - Effect of Adoption.

742.07 Effect of adoption.—Upon the adoption of a child, for whom support has been ordered, by some person other than the father, the liability of the father for the support of the child shall be terminated.
History.—s. 6, ch. 26949, 1951.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.08 - Default of Support Payments.

742.08 Default of support payments.—Upon default in payment of any moneys ordered by the court to be paid, the court may enter a judgment for the amount in default, plus interest, administrative costs, filing fees, and other expenses incurred by the clerk of the circuit court which shall be a lien upon all property of the defendant both real and personal. Costs and fees shall be assessed only after the court makes a determination of the nonprevailing party’s ability to pay such costs and fees. In Title IV-D cases, any costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees. The Department of Revenue shall not be considered a party for purposes of this section; however, fees may be assessed against the department pursuant to s. 57.105(1). Willful failure to comply with an order of the court shall be deemed a contempt of the court entering the order and shall be punished as such. The court may require bond of the defendant for the faithful performance of his or her obligation under the order of the court in such amount and upon such conditions as the court shall direct.
History.—s. 7, ch. 26949, 1951; s. 27, ch. 92-138; s. 18, ch. 93-208; s. 1062, ch. 97-102; s. 281, ch. 99-8.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.09 - Publishing Names; Penalty.

742.09 Publishing names; penalty.—Except for the purpose of serving process by publication, as provided under s. 49.011(15), it shall be unlawful for the owner, publisher, manager, or operator of any newspaper, magazine, radio station, or other publication of any kind whatsoever, or any other person responsible therefor, or any radio broadcaster, to publish the name of any of the parties to any court proceeding to determine paternity. A person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 8, ch. 26949, 1951; s. 697, ch. 71-136; s. 8, ch. 2007-85.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.091 - Marriage of Parents.

742.091 Marriage of parents.—If the mother of any child born out of wedlock and the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and held to be the child of the husband and wife, as though born within wedlock, and upon the payment of all costs and attorney fees as determined by the court, the cause shall be dismissed and the bond provided for in s. 742.021 shall be void. The record of the proceedings in such cases shall be sealed against public inspection in the interests of the child.
History.—s. 1, ch. 57-267; s. 6, ch. 75-166; s. 4, ch. 90-139.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.105 - Effect of a Determination of Paternity From a Foreign Jurisdiction.

742.105 Effect of a determination of paternity from a foreign jurisdiction.—A final order of paternity entered in a foreign jurisdiction, whether resulting from a voluntary acknowledgment or an administrative or judicial process, or an affidavit acknowledging paternity signed in any other state according to its procedures, shall be given the same legal effect as if such final order was entered or affidavit was signed pursuant to this chapter. In any proceeding in this state, a certified copy of the final order of paternity from a foreign jurisdiction shall be conclusive evidence of paternity.
History.—s. 9, ch. 94-318; s. 71, ch. 97-170.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.107 - Determining Paternity of Child With Mother Under 16 Years of Age When Impregnated.

742.107 Determining paternity of child with mother under 16 years of age when impregnated.—
(1) The Legislature intends to facilitate the criminal prosecution of persons 21 years of age or older who have impregnated a child under 16 years of age by ensuring that paternity is determined for a dependent child whose mother was impregnated while under 16 years of age.
(2) Whenever paternity has not been established for a dependent child whose mother was impregnated with the child while under 16 years of age, the mother shall be required to identify the father of the child and cooperate as provided in s. 409.2572, including Human Leukocyte Antigen or other scientific tests.
(3) Whenever the information provided by a mother who was impregnated while under 16 years of age indicates that the alleged father of the child was 21 years of age or older at the time of conception of the child, the Department of Revenue or the Department of Children and Families shall advise the applicant or recipient of public assistance that she is required to cooperate with law enforcement officials in the prosecution of the alleged father.
(4) When the information provided by the applicant or recipient who was impregnated while under age 16 indicates that such person is the victim of child abuse as provided in s. 827.04(3), the Department of Revenue or the Department of Children and Families shall notify the county sheriff’s office or other appropriate agency or official and provide information needed to protect the child’s health or welfare.
(5) The confidentiality of any records under this chapter, relating to determination of paternity, does not prohibit the sharing of information for the purpose of cooperating with an ongoing criminal investigation.
History.—s. 5, ch. 96-215; s. 81, ch. 99-3; s. 282, ch. 99-8; s. 287, ch. 2014-19.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.108 - Criminal Penalties for False Statements of Paternity.

742.108 Criminal penalties for false statements of paternity.—Notwithstanding any other provision of law, any person who knowingly and willfully provides false information to the sheriff’s office, other law enforcement agency, or governmental agency, or under oath regarding the paternity of a child in conjunction with an application for, or the receipt of, public assistance for a dependent child commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, in addition to remaining subject to any other civil or criminal penalties for perjury or making false statements which are applicable under other provisions of law.
History.—s. 6, ch. 96-215.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.11 - Presumed Status of Child Conceived by Means of Artificial or in Vitro Insemination or Donated Eggs or Preembryos.

742.11 Presumed status of child conceived by means of artificial or in vitro insemination or donated eggs or preembryos.—
(1) Except in the case of gestational surrogacy, any child born within wedlock who has been conceived by the means of artificial or in vitro insemination is irrebuttably presumed to be the child of the husband and wife, provided that both husband and wife have consented in writing to the artificial or in vitro insemination.
(2) Except in the case of gestational surrogacy, any child born within wedlock who has been conceived by means of donated eggs or preembryos shall be irrebuttably presumed to be the child of the recipient gestating woman and her husband, provided that both parties have consented in writing to the use of donated eggs or preembryos.
History.—s. 1, ch. 73-104; s. 5, ch. 90-139; s. 1, ch. 93-237.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.13 - Definitions.

742.13 Definitions.—As used in ss. 742.11-742.17, the term:
(1) “Assisted reproductive technology” means those procreative procedures which involve the laboratory handling of human eggs or preembryos, including, but not limited to, in vitro fertilization embryo transfer, gamete intrafallopian transfer, pronuclear stage transfer, tubal embryo transfer, and zygote intrafallopian transfer.
(2) “Commissioning couple” means the intended mother and father of a child who will be conceived by means of assisted reproductive technology using the eggs or sperm of at least one of the intended parents.
(3) “Egg” means the unfertilized female reproductive cell.
(4) “Fertilization” means the initial union of an egg and sperm.
(5) “Gestational surrogate” means a woman who contracts to become pregnant by means of assisted reproductive technology without the use of an egg from her body.
(6) “Gestational surrogacy” means a state that results from a process in which a commissioning couple’s eggs or sperm, or both, are mixed in vitro and the resulting preembryo is implanted within another woman’s body.
(7) “Gestational surrogacy contract” means a written agreement between the gestational surrogate and the commissioning couple.
(8) “Gamete intrafallopian transfer” means the direct transfer of eggs and sperm into the fallopian tube prior to fertilization.
(9) “Implantation” means the event that occurs when a fertilized egg adheres to the uterine wall for nourishment.
(10) “In vitro” refers to a laboratory procedure performed in an artificial environment outside a woman’s body.
(11) “In vitro fertilization embryo transfer” means the transfer of an in vitro fertilized preembryo into a woman’s uterus.
(12) “Preembryo” means the product of fertilization of an egg by a sperm until the appearance of the embryonic axis.
(13) “Pronuclear stage transfer” or “zygote intrafallopian transfer” means the transfer of an in vitro fertilized preembryo into the fallopian tube before cell division takes place.
(14) “Sperm” means the male reproductive cell.
(15) “Tubal embryo transfer” means the transfer of a dividing, in vitro fertilized preembryo into the fallopian tube.
History.—s. 2, ch. 93-237.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.14 - Donation of Eggs, Sperm, or Preembryos.

742.14 Donation of eggs, sperm, or preembryos.—The donor of any egg, sperm, or preembryo, other than the commissioning couple or a father who has executed a preplanned adoption agreement under s. 63.213, shall relinquish all maternal or paternal rights and obligations with respect to the donation or the resulting children. Only reasonable compensation directly related to the donation of eggs, sperm, and preembryos shall be permitted.
History.—s. 2, ch. 93-237; s. 83, ch. 2016-10.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.15 - Gestational Surrogacy Contract.

742.15 Gestational surrogacy contract.—
(1) Prior to engaging in gestational surrogacy, a binding and enforceable gestational surrogacy contract shall be made between the commissioning couple and the gestational surrogate. A contract for gestational surrogacy shall not be binding and enforceable unless the gestational surrogate is 18 years of age or older and the commissioning couple are legally married and are both 18 years of age or older.
(2) The commissioning couple shall enter into a contract with a gestational surrogate only when, within reasonable medical certainty as determined by a physician licensed under chapter 458 or chapter 459:
(a) The commissioning mother cannot physically gestate a pregnancy to term;
(b) The gestation will cause a risk to the physical health of the commissioning mother; or
(c) The gestation will cause a risk to the health of the fetus.
(3) A gestational surrogacy contract must include the following provisions:
(a) The commissioning couple agrees that the gestational surrogate shall be the sole source of consent with respect to clinical intervention and management of the pregnancy.
(b) The gestational surrogate agrees to submit to reasonable medical evaluation and treatment and to adhere to reasonable medical instructions about her prenatal health.
(c) Except as provided in paragraph (e), the gestational surrogate agrees to relinquish any parental rights upon the child’s birth and to proceed with the judicial proceedings prescribed under s. 742.16.
(d) Except as provided in paragraph (e), the commissioning couple agrees to accept custody of and to assume full parental rights and responsibilities for the child immediately upon the child’s birth, regardless of any impairment of the child.
(e) The gestational surrogate agrees to assume parental rights and responsibilities for the child born to her if it is determined that neither member of the commissioning couple is the genetic parent of the child.
(4) As part of the contract, the commissioning couple may agree to pay only reasonable living, legal, medical, psychological, and psychiatric expenses of the gestational surrogate that are directly related to prenatal, intrapartal, and postpartal periods.
History.—s. 2, ch. 93-237.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.17 - Disposition of Eggs, Sperm, or Preembryos; Rights of Inheritance.

742.17 Disposition of eggs, sperm, or preembryos; rights of inheritance.—A commissioning couple and the treating physician shall enter into a written agreement that provides for the disposition of the commissioning couple’s eggs, sperm, and preembryos in the event of a divorce, the death of a spouse, or any other unforeseen circumstance.
(1) Absent a written agreement, any remaining eggs or sperm shall remain under the control of the party that provides the eggs or sperm.
(2) Absent a written agreement, decisionmaking authority regarding the disposition of preembryos shall reside jointly with the commissioning couple.
(3) Absent a written agreement, in the case of the death of one member of the commissioning couple, any eggs, sperm, or preembryos shall remain under the control of the surviving member of the commissioning couple.
(4) A child conceived from the eggs or sperm of a person or persons who died before the transfer of their eggs, sperm, or preembryos to a woman’s body shall not be eligible for a claim against the decedent’s estate unless the child has been provided for by the decedent’s will.
History.—s. 2, ch. 93-237.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 743 - Disability of Nonage of Minors Removed › 743.01 - Removal of Disabilities of Married Minors.

743.01 Removal of disabilities of married minors.—The disability of nonage of a minor who is married or has been married or subsequently becomes married, including one whose marriage is dissolved, or who is widowed, or widowered, is removed. The minor may assume the management of his or her estate, contract and be contracted with, sue and be sued, and perform all acts that he or she could do if not a minor.
History.—ss. 1, 2, ch. 7364, 1917; RGS 3962, 3963; s. 1, ch. 9286, 1923; CGL 5881, 5882, 5883; s. 1, ch. 22750, 1945; s. 1, ch. 71-147; s. 1, ch. 73-300; s. 1063, ch. 97-102.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 743 - Disability of Nonage of Minors Removed › 743.04 - Removal of Disabilities of Persons Entitled to Benefits Under the “Home, Farm and Business Loans act.”

743.04 Removal of disabilities of persons entitled to benefits under the “Home, Farm and Business Loans Act.”—A minor authorized to participate in the rights, privileges, and benefits conferred by chapter 37 of Title 38, U.S.C., “Home, Farm and Business Loans Act,” is authorized to make and execute all contracts necessary for the full utilization of the rights, privileges, and benefits conferred under said chapter if the person is otherwise competent to make and execute contracts. The contracts so made shall have the same effect as though they were the contracts of persons who were not minors.
History.—s. 1, ch. 23873, 1947; s. 24, ch. 69-353; s. 2, ch. 71-147.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 743 - Disability of Nonage of Minors Removed › 743.044 - Removal of Disabilities of Minors; Executing Agreements for Depository Financial Services.

743.044 Removal of disabilities of minors; executing agreements for depository financial services.—For the purpose of ensuring that a youth in foster care will be able to secure depository financial services, such as checking and savings accounts, the disability of nonage of minors shall be removed provided that the youth has reached 16 years of age, has been adjudicated dependent, is residing in an out-of-home placement as defined in s. 39.01, and has completed a financial literacy class. Upon issuance of an order by a court of competent jurisdiction, such a youth is authorized to make and execute all documents, contracts, or agreements necessary for obtaining the rights, privileges, and benefits of depository financial services as if the youth is otherwise competent to make and execute contracts. Execution of any such contract or agreement for depository financial services shall have the same effect as if it were the act of a person who is not a minor. A youth seeking to enter into such contracts or agreements or execute other necessary instruments incidental to obtaining depository financial services must present an order from a court of competent jurisdiction removing the disabilities of nonage of the minor under this section.
History.—s. 4, ch. 2007-147.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 743 - Disability of Nonage of Minors Removed › 743.045 - Removal of Disabilities of Minors; Executing Contracts for a Residential Lease.

743.045 Removal of disabilities of minors; executing contracts for a residential lease.—For the sole purpose of ensuring that a youth in foster care will be able to execute a contract for the lease of residential property upon the youth’s 18th birthday, the disability of nonage of minors is removed for all youth who have reached 17 years of age, have been adjudicated dependent, and are in the legal custody of the Department of Children and Families through foster care or subsidized independent living. These youth are authorized to make and execute contracts, releases, and all other instruments necessary for the purpose of entering into a contract for the lease of residential property upon the youth’s 18th birthday. The contracts or other instruments made by the youth shall have the same effect as though they were the obligations of persons who were not minors. A youth seeking to enter into such lease contracts or execute other necessary instruments that are incidental to entering into a lease must present an order from a court of competent jurisdiction removing the disabilities of nonage of the minor under this section.
History.—s. 14, ch. 2006-194; s. 288, ch. 2014-19.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 743 - Disability of Nonage of Minors Removed › 743.046 - Removal of Disabilities of Minors; Executing Agreements for Utility Services.

743.046 Removal of disabilities of minors; executing agreements for utility services.—For the sole purpose of ensuring that a youth in foster care will be able to secure utility services at a residential property upon the youth’s 18th birthday, the disability of nonage of minors is removed for all youth who have reached 17 years of age, have been adjudicated dependent, and are in the legal custody of the Department of Children and Families through foster care or subsidized independent living. These youth are authorized to make and execute contracts, agreements, releases, and all other instruments necessary for the purpose of securing utility services at a residential property upon the youth’s 18th birthday. The contracts or other agreements made by the youth shall have the same effect as though they were the obligations of persons who were not minors. A youth seeking to enter into such contracts or agreements or execute other necessary instruments that are incidental to securing utility services must present an order from a court of competent jurisdiction removing the disabilities of nonage of the minor under this section.
History.—s. 2, ch. 2008-122; s. 289, ch. 2014-19.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 743 - Disability of Nonage of Minors Removed › 743.047 - Removal of Disabilities of Minors; Executing Agreements for Motor Vehicle Insurance.

743.047 Removal of disabilities of minors; executing agreements for motor vehicle insurance.—For the purpose of ensuring that a child in foster care will be able to secure motor vehicle insurance, the disability of nonage of minors shall be removed provided that the child has reached 16 years of age, has been adjudicated dependent, is residing in an out-of-home placement as defined in s. 39.01, and has completed a driver education program. Upon issuance of an order by a court of competent jurisdiction, such child is authorized to make and execute all documents, contracts, or agreements necessary for obtaining motor vehicle insurance as if the child is otherwise competent to make and execute contracts. Execution of any such contract or agreement for motor vehicle insurance has the same effect as if it were the act of a person who is not a minor. A child seeking to enter into such contract or agreement or execute other necessary instrument incidental to obtaining motor vehicle insurance must present an order from a court of competent jurisdiction removing the disabilities of nonage of the minor pursuant to this section.
History.—s. 3, ch. 2014-166.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 743 - Disability of Nonage of Minors Removed › 743.05 - Removal of Disabilities of Minors; Borrowing Money for Educational Purposes.

743.05 Removal of disabilities of minors; borrowing money for educational purposes.—For the purpose of borrowing money for their own higher educational expenses, the disability of nonage of minors is removed for all persons who have reached 16 years of age. Such minors are authorized to make and execute promissory notes, contracts, or other instruments necessary for the borrowing of money for this purpose. The promissory notes, contracts, or other instruments so made shall have the same effect as though they were the obligations of persons who were not minors. No such obligation shall be valid if the interest rate on it exceeds the prevailing interest rate for the federal Guaranteed Student Loan Program.
History.—s. 1, ch. 59-268; s. 1, ch. 69-105; s. 2, ch. 71-147; s. 28, ch. 83-291.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 743 - Disability of Nonage of Minors Removed › 743.06 - Removal of Disabilities of Minors; Donation of Blood Without Parental Consent.

743.06 Removal of disabilities of minors; donation of blood without parental consent.—Any minor who has reached the age of 17 years may give consent to the donation, without compensation therefor, of her or his blood and to the penetration of tissue which is necessary to accomplish such donation. Such consent shall not be subject to disaffirmance because of minority, unless the parent or parents of such minor specifically object, in writing, to the donation or penetration of the skin.
History.—s. 1, ch. 70-430; s. 1, ch. 76-13; s. 1065, ch. 97-102.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 743 - Disability of Nonage of Minors Removed › 743.064 - Emergency Medical Care or Treatment to Minors Without Parental Consent.

743.064 Emergency medical care or treatment to minors without parental consent.—
(1) The absence of parental consent notwithstanding, a physician licensed under chapter 458 or an osteopathic physician licensed under chapter 459 may render emergency medical care or treatment to any minor who has been injured in an accident or who is suffering from an acute illness, disease, or condition if, within a reasonable degree of medical certainty, delay in initiation or provision of emergency medical care or treatment would endanger the health or physical well-being of the minor. Emergency medical care or treatment may be rendered in the prehospital setting by paramedics, emergency medical technicians, and other emergency medical services personnel, provided such care is rendered consistent with chapter 401. These persons shall follow the general guidelines and notification provisions of this section.
(2) This section shall apply only when parental consent cannot be immediately obtained for one of the following reasons:
(a) The minor’s condition has rendered him or her unable to reveal the identity of his or her parents, guardian, or legal custodian, and such information is unknown to any person who accompanied the minor to the hospital.
(b) The parents, guardian, or legal custodian cannot be immediately located by telephone at their place of residence or business.
(3) Notification shall be accomplished as soon as possible after the emergency medical care or treatment is administered. The hospital records shall reflect the reason such consent was not initially obtained and shall contain a statement by the attending physician that immediate emergency medical care or treatment was necessary for the patient’s health or physical well-being. The hospital records shall be open for inspection by the person legally responsible for the minor.
(4) No person as delineated in subsection (1), hospital, or college health service shall incur civil liability by reason of having rendered emergency medical care or treatment pursuant to this section, provided such treatment or care was rendered in accordance with acceptable standards of medical practice.
History.—s. 1, ch. 79-302; s. 66, ch. 86-220; s. 1, ch. 90-42; s. 1066, ch. 97-102; s. 1, ch. 2022-53.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 743 - Disability of Nonage of Minors Removed › 743.065 - Unwed Pregnant Minor or Minor Mother; Consent to Medical Services for Minor or Minor’s Child Valid.

743.065 Unwed pregnant minor or minor mother; consent to medical services for minor or minor’s child valid.—
(1) An unwed pregnant minor may consent to the performance of medical or surgical care or services relating to her pregnancy by a hospital or clinic or by a physician licensed under chapter 458 or chapter 459, and such consent is valid and binding as if she had achieved her majority.
(2) An unwed minor mother may consent to the performance of medical or surgical care or services for her child by a hospital or clinic or by a physician licensed under chapter 458 or chapter 459, and such consent is valid and binding as if she had achieved her majority.
(3) Nothing in this section shall affect the provisions of chapter 390.
History.—s. 1, ch. 79-302; s. 83, ch. 99-3; s. 4, ch. 2020-147.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 743 - Disability of Nonage of Minors Removed › 743.066 - Removal of Disability of Minors Adjudicated as Adults.

743.066 Removal of disability of minors adjudicated as adults.—The disability of nonage of a minor adjudicated as an adult and in the custody or under the supervision of the Department of Corrections is removed, as such disability relates to health care services, except in regard to medical services relating to abortion and sterilization.
History.—s. 1, ch. 81-90.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 743 - Disability of Nonage of Minors Removed › 743.07 - Rights, Privileges, and Obligations of Persons 18 Years of Age or Older.

743.07 Rights, privileges, and obligations of persons 18 years of age or older.—
(1) The disability of nonage is hereby removed for all persons in this state who are 18 years of age or older, and they shall enjoy and suffer the rights, privileges, and obligations of all persons 21 years of age or older except as otherwise excluded by the State Constitution immediately preceding the effective date of this section and except as otherwise provided in the Beverage Law.
(2) This section shall not prohibit any court of competent jurisdiction from requiring support for a dependent person beyond the age of 18 years when such dependency is because of a mental or physical incapacity which began prior to such person reaching majority or if the person is dependent in fact, is between the ages of 18 and 19, and is still in high school, performing in good faith with a reasonable expectation of graduation before the age of 19.
(3) This section shall operate prospectively and not retrospectively, and shall not affect the rights and obligations existing prior to July 1, 1973.
History.—ss. 2, 3, ch. 73-21; s. 5, ch. 80-74; s. 22, ch. 88-176; s. 8, ch. 91-246; s. 84, ch. 99-3.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 744 - Guardianship › Part II - Public and Professional Guardians (Ss. 744.2001-744.2112) › 744.2005 - Order of appointment.

744.2005 Order of appointment.—
(1) The court may hear testimony on the question of who is entitled to preference in the appointment of a guardian. Any interested person may intervene in the proceedings.
(2) The order appointing a guardian must state the nature of the guardianship as either plenary or limited. If limited, the order must state that the guardian may exercise only those delegable rights which have been removed from the incapacitated person and specifically delegated to the guardian. The order shall state the specific powers and duties of the guardian.
(3) The order appointing a guardian must be consistent with the incapacitated person’s welfare and safety, must be the least restrictive appropriate alternative, and must reserve to the incapacitated person the right to make decisions in all matters commensurate with the person’s ability to do so.
(4) If a petition for appointment of a guardian has been filed, an order appointing a guardian must be issued contemporaneously with the order adjudicating the person incapacitated. The order must specify the amount of the bond to be given by the guardian and must state specifically whether the guardian must place all, or part, of the property of the ward in a restricted account in a financial institution designated pursuant to s. 69.031.
(5) If a petition for the appointment of a guardian has not been filed or ruled upon at the time of the hearing on the petition to determine capacity, the court may appoint an emergency temporary guardian in the manner and for the purposes specified in s. 744.3031.
(6) A plenary guardian shall exercise all delegable rights and powers of the incapacitated person.
(7) A person for whom a limited guardian has been appointed retains all legal rights except those that have been specifically granted to the guardian in the court’s written order.
History.—s. 1, ch. 74-106; ss. 12, 26, ch. 75-222; s. 39, ch. 89-96; s. 24, ch. 90-271; s. 1081, ch. 97-102; s. 12, ch. 2015-83; s. 13, ch. 2016-40.
Note.—Created from former s. 744.34; former s. 744.344.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 744 - Guardianship › Part II - Public and Professional Guardians (Ss. 744.2001-744.2112) › 744.2007 - Powers and duties.

744.2007 Powers and duties.—
(1) A public guardian may serve as a guardian of a person adjudicated incapacitated under this chapter if there is no family member or friend, other person, bank, or corporation willing and qualified to serve as guardian.
(2) The public guardian shall be vested with all the powers and duties of a guardian under this chapter, except as otherwise provided by law.
(3) The public guardian shall primarily serve incapacitated persons who are of limited financial means, as defined by contract or rule of the Department of Elderly Affairs. The public guardian may serve incapacitated persons of greater financial means to the extent the Department of Elderly Affairs determines to be appropriate.
(4) The public guardian shall be authorized to employ sufficient staff to carry out the duties of his or her office.
(5) The public guardian may delegate to assistants and other members of his or her staff the powers and duties of the office of public guardian, except as otherwise limited by law. The public guardian shall retain ultimate responsibility for the discharge of his or her duties and responsibilities.
(6) The public guardian, when appointed guardian of an incapacitated person, shall seek a family member or friend, other person, bank, or corporation who is qualified and willing to serve as guardian. Upon determining that there is someone qualified and willing to serve as guardian, either the public guardian or the qualified person shall petition the court for appointment of a successor guardian.
(7) A public guardian may not commit a ward to a treatment facility, as defined in s. 394.455(49), without an involuntary placement proceeding as provided by law.
(8) When a person is appointed successor public guardian, he or she immediately succeeds to all rights, duties, responsibilities, and powers of the preceding public guardian.
(9) When the position of public guardian is vacant, subordinate personnel employed under subsection (4) shall continue to act as if the position of public guardian were filled.
History.—s. 1, ch. 86-120; s. 99, ch. 89-96; s. 45, ch. 96-169; s. 1790, ch. 97-102; s. 86, ch. 99-3; s. 15, ch. 2003-57; s. 71, ch. 2006-227; s. 15, ch. 2016-40; s. 78, ch. 2016-241; s. 23, ch. 2020-39; s. 12, ch. 2022-36.
Note.—Former s. 744.704.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 744 - Guardianship › Part II - Public and Professional Guardians (Ss. 744.2001-744.2112) › 744.2008 - Costs of public guardian.

744.2008 Costs of public guardian.—
(1) All costs of administration shall be paid from the budget of the office of public guardian. No costs of administration, including filing fees, shall be recovered from the assets or the income of the ward.
(2) In any proceeding for appointment of a public guardian, or in any proceeding involving the estate of a ward for whom a public guardian has been appointed guardian, the court shall waive any court costs or filing fees.
History.—s. 1, ch. 86-120; s. 100, ch. 89-96; s. 16, ch. 2016-40; s. 2, ch. 2020-73.
Note.—Former s. 744.705.