Florida Senate - 2015                             CS for SB 1226
       
       
        
       By the Committee on Fiscal Policy; and Senator Detert
       
       
       
       
       
       594-04421-15                                          20151226c1
    1                        A bill to be entitled                      
    2         An act relating to guardianship; providing directives
    3         to the Division of Law Revision and Information;
    4         amending s. 744.1012, F.S.; revising legislative
    5         intent; renumbering s. 744.201, F.S.; renumbering and
    6         amending s. 744.202, F.S.; conforming a cross
    7         reference; renumbering s. 744.2025, F.S.; renumbering
    8         and amending s. 744.7021, F.S.; revising the
    9         responsibilities of the executive director for the
   10         Office of Public and Professional Guardians;
   11         conforming provisions to changes made by the act;
   12         renumbering and amending s. 744.1083, F.S.; removing a
   13         provision authorizing the executive director to
   14         suspend or revoke the registration of a guardian who
   15         commits certain violations; removing the requirement
   16         of written notification to the chief judge of the
   17         judicial circuit upon the executive director’s denial,
   18         suspension, or revocation of a registration;
   19         conforming provisions to changes made by the act;
   20         conforming a cross-reference; renumbering and amending
   21         s. 744.1085, F.S.; removing an obsolete provision;
   22         conforming provisions to changes made by the act;
   23         conforming a cross-reference; creating s. 744.2004,
   24         F.S.; requiring the Office of Public and Professional
   25         Guardians to adopt rules; requiring the office, under
   26         certain circumstances, to make a specified
   27         recommendation to a court of competent jurisdiction;
   28         renumbering and amending s. 744.344, F.S.; requiring
   29         that a professional guardian appointed by a court to
   30         represent a ward be selected from a registry of
   31         professional guardians; requiring the chief judge of a
   32         circuit court to compile a list of professional
   33         guardians by county and provide the list to the clerk
   34         of court in each county; providing requirements for
   35         inclusion in the registry; providing procedures for a
   36         court to appoint a professional guardian; providing an
   37         exception; requiring the clerk of the court to
   38         maintain the registry and provide the court with the
   39         name of a professional guardian for appointment;
   40         renumbering and amending s. 744.703, F.S.; conforming
   41         provisions to changes made by the act; renumbering ss.
   42         744.704 and 744.705, F.S.; renumbering and amending
   43         ss. 744.706 and 744.707, F.S.; conforming provisions
   44         to changes made by the act; renumbering s. 744.709,
   45         F.S.; renumbering and amending s. 744.708, F.S.;
   46         conforming provisions to changes made by the act;
   47         renumbering and amending s. 744.7081, F.S.; providing
   48         the Office of Public and Professional Guardians with
   49         access to all court records relating to guardianship
   50         cases for which a professional guardian is appointed;
   51         providing that the office may access such records
   52         through all available means; conforming provisions to
   53         changes made by the act; renumbering and amending s.
   54         744.7082, F.S.; conforming provisions to changes made
   55         by the act; renumbering and amending s. 744.712, F.S.;
   56         providing legislative intent; conforming provisions;
   57         renumbering and amending ss. 744.713, 744.714, and
   58         744.715, F.S.; conforming provisions to changes made
   59         by the act; repealing s. 744.701, F.S.; relating to a
   60         short title; repealing s. 744.702, F.S.; relating to
   61         legislative intent; repealing s. 744.7101, F.S.;
   62         relating to a short title; repealing s. 744.711, F.S.;
   63         relating to legislative findings and intent; amending
   64         ss. 400.148, 744.3135, and 744.331, F.S.; conforming
   65         provisions to changes made by the act; amending ss.
   66         20.415, 415.1102, and 744.524, F.S.; conforming cross
   67         references; making technical changes; providing an
   68         appropriation; providing an effective date.
   69          
   70  Be It Enacted by the Legislature of the State of Florida:
   71  
   72         Section 1. The Division of Law Revision and Information is
   73  directed to add ss. 744.1096-744.1098, Florida Statutes, created
   74  by this act, to part I of chapter 744, Florida Statutes.
   75         Section 2. The Division of Law Revision and Information is
   76  directed to retitle part II of chapter 744, Florida Statutes,
   77  consisting of ss. 744.2001-744.2109, Florida Statutes, as
   78  “PUBLIC AND PROFESSIONAL GUARDIANS.”
   79         Section 3. The Division of Law Revision and Information is
   80  directed to remove part IX of chapter 744, Florida Statutes.
   81         Section 4. Section 744.1012, Florida Statutes, is amended
   82  to read:
   83         744.1012 Legislative intent.—The Legislature finds:
   84         (1) That adjudicating a person totally incapacitated and in
   85  need of a guardian deprives such person of all her or his civil
   86  and legal rights and that such deprivation may be unnecessary.
   87         (2)The Legislature further finds That it is desirable to
   88  make available the least restrictive form of guardianship to
   89  assist persons who are only partially incapable of caring for
   90  their needs and that alternatives to guardianship and less
   91  intrusive means of assistance should always be explored,
   92  including, but not limited to, guardian advocates, before an
   93  individual’s rights are removed through an adjudication of
   94  incapacity.
   95         (3) By recognizing that every individual has unique needs
   96  and differing abilities, the Legislature declares that it is the
   97  purpose of this act to promote the public welfare by
   98  establishing a system that permits incapacitated persons to
   99  participate as fully as possible in all decisions affecting
  100  them; that assists such persons in meeting the essential
  101  requirements for their physical health and safety, in protecting
  102  their rights, in managing their financial resources, and in
  103  developing or regaining their abilities to the maximum extent
  104  possible; and that accomplishes these objectives through
  105  providing, in each case, the form of assistance that least
  106  interferes with the legal capacity of a person to act in her or
  107  his own behalf. This act shall be liberally construed to
  108  accomplish this purpose.
  109         (4) That private guardianship is inadequate where there is
  110  no willing and responsible family member or friend, other
  111  person, bank, or corporation available to serve as guardian for
  112  an incapacitated person, and such person does not have adequate
  113  income or wealth for the compensation of a private guardian.
  114         (5) The Legislature intends, through the establishment of
  115  the Office of Public and Professional Guardians, to permit the
  116  establishment of offices of public guardians for the purpose of
  117  providing guardianship services for incapacitated persons when
  118  no private guardian is available.
  119         (6) That a public guardian be provided only to those
  120  persons whose needs cannot be met through less drastic means of
  121  intervention.
  122         Section 5. Section 744.201, Florida Statutes, is renumbered
  123  as section 744.1096, Florida Statutes.
  124         Section 6. Section 744.202, Florida Statutes, is renumbered
  125  as section 744.1097, Florida Statutes, and subsection (3) of
  126  that section is amended to read:
  127         744.1097 744.202 Venue.—
  128         (3) When the residence of an incapacitated person is
  129  changed to another county, the guardian shall petition to have
  130  the venue of the guardianship changed to the county of the
  131  acquired residence, except as provided in s. 744.1098 s.
  132  744.2025.
  133         Section 7. Section 744.2025, Florida Statutes, is
  134  renumbered as section 744.1098, Florida Statutes.
  135         Section 8. Section 744.7021, Florida Statutes, is
  136  renumbered as section 744.2001, Florida Statutes, and amended to
  137  read:
  138         744.2001 744.7021Statewide Public Guardianship Office of
  139  Public and Professional Guardians.—There is hereby created the
  140  Statewide Public Guardianship Office of Public and Professional
  141  Guardians within the Department of Elderly Affairs.
  142         (1) The Secretary of Elderly Affairs shall appoint the
  143  executive director, who shall be the head of the Statewide
  144  Public Guardianship Office of Public and Professional Guardians.
  145  The executive director must be a member of The Florida Bar,
  146  knowledgeable of guardianship law and of the social services
  147  available to meet the needs of incapacitated persons, shall
  148  serve on a full-time basis, and shall personally, or through a
  149  representative representatives of the office, carry out the
  150  purposes and functions of the Statewide Public Guardianship
  151  Office of Public and Professional Guardians in accordance with
  152  state and federal law. The executive director shall serve at the
  153  pleasure of and report to the secretary.
  154         (2) The executive director shall, within available
  155  resources:,
  156         (a) Have oversight responsibilities for all public and
  157  professional guardians.
  158         (b) Review the standards and criteria for the education,
  159  registration, and certification of public and professional
  160  guardians in Florida.
  161         (3) The executive director’s oversight responsibilities of
  162  professional guardians shall include, but not be limited to:
  163         (a) The development and implementation of a monitoring tool
  164  to be used for periodic monitoring activities of professional
  165  guardians related to the management of their wards. This
  166  monitoring may not include a financial audit as required by the
  167  clerk of the circuit court under s. 744.368.
  168         (b) The development of procedures, in consultation with
  169  professional guardianship associations, for the review of an
  170  allegation that a professional guardian has violated an
  171  applicable statute, fiduciary duty, standard of practice, rule,
  172  regulation, or other requirement governing the conduct of
  173  professional guardians.
  174         (c) Establish disciplinary proceedings, conduct hearings,
  175  and take administrative action pursuant to chapter 120.
  176         (d) Assist the chief judge in each judicial circuit to
  177  establish a registry to allow for the appointment of
  178  professional guardians in rotating order as provided in s.
  179  744.2005.
  180         (4) The executive director’s oversight responsibilities of
  181  public guardians shall include, but not be limited to:
  182         (a) The executive director shall review of the current
  183  public guardian programs in Florida and other states.
  184         (b) The development executive director, in consultation
  185  with local guardianship offices, of shall develop statewide
  186  performance measures and standards.
  187         (c) The executive director shall review of the various
  188  methods of funding public guardianship programs, the kinds of
  189  services being provided by such programs, and the demographics
  190  of the wards. In addition, the executive director shall review
  191  and make recommendations regarding the feasibility of recovering
  192  a portion or all of the costs of providing public guardianship
  193  services from the assets or income of the wards.
  194         (d) By January 1 of each year, providing the executive
  195  director shall provide a status report and providing provide
  196  further recommendations to the secretary that address the need
  197  for public guardianship services and related issues.
  198         (e) In consultation with the Florida State Guardianship
  199  Association, the development of a guardianship training program
  200  curriculum that may be offered to all guardians, whether public
  201  or private.
  202         (5) The executive director may provide assistance to local
  203  governments or entities in pursuing grant opportunities. The
  204  executive director shall review and make recommendations in the
  205  annual report on the availability and efficacy of seeking
  206  Medicaid matching funds. The executive director shall diligently
  207  seek ways to use existing programs and services to meet the
  208  needs of public wards.
  209         (f) The executive director, in consultation with the
  210  Florida Guardianship Foundation, shall develop a guardianship
  211  training program curriculum that may be offered to all guardians
  212  whether public or private.
  213         (6)(3) The executive director may conduct or contract for
  214  demonstration projects authorized by the Department of Elderly
  215  Affairs, within funds appropriated or through gifts, grants, or
  216  contributions for such purposes, to determine the feasibility or
  217  desirability of new concepts of organization, administration,
  218  financing, or service delivery designed to preserve the civil
  219  and constitutional rights of persons of marginal or diminished
  220  capacity. Any gifts, grants, or contributions for such purposes
  221  shall be deposited in the Department of Elderly Affairs
  222  Administrative Trust Fund.
  223         Section 9. Section 744.1083, Florida Statutes, is
  224  renumbered as section 744.2002, Florida Statutes, subsections
  225  (1) through (5) of that section are amended, and subsections (7)
  226  and (10) of that section are republished, to read:
  227         744.2002 744.1083 Professional guardian registration.—
  228         (1) A professional guardian must register with the
  229  Statewide Public Guardianship Office of Public and Professional
  230  Guardians established in part II IX of this chapter.
  231         (2) Annual registration shall be made on forms furnished by
  232  the Statewide Public Guardianship Office of Public and
  233  Professional Guardians and accompanied by the applicable
  234  registration fee as determined by rule. The fee may not exceed
  235  $100.
  236         (3) Registration must include the following:
  237         (a) Sufficient information to identify the professional
  238  guardian, as follows:
  239         1. If the professional guardian is a natural person, the
  240  name, address, date of birth, and employer identification or
  241  social security number of the person.
  242         2. If the professional guardian is a partnership or
  243  association, the name, address, and employer identification
  244  number of the entity.
  245         (b) Documentation that the bonding and educational
  246  requirements of s. 744.2003 s. 744.1085 have been met.
  247         (c) Sufficient information to distinguish a guardian
  248  providing guardianship services as a public guardian,
  249  individually, through partnership, corporation, or any other
  250  business organization.
  251         (4) Prior to registering a professional guardian, the
  252  Statewide Public Guardianship Office of Public and Professional
  253  Guardians must receive and review copies of the credit and
  254  criminal investigations conducted under s. 744.3135. The credit
  255  and criminal investigations must have been completed within the
  256  previous 2 years.
  257         (5) The executive director of the office may deny
  258  registration to a professional guardian if the executive
  259  director determines that the guardian’s proposed registration,
  260  including the guardian’s credit or criminal investigations,
  261  indicates that registering the professional guardian would
  262  violate any provision of this chapter. If a guardian who is
  263  currently registered with the office violates a provision of
  264  this chapter, the executive director of the office may suspend
  265  or revoke the guardian’s registration. If the executive director
  266  denies registration to a professional guardian or suspends or
  267  revokes a professional guardian’s registration, the Statewide
  268  Public Guardianship Office must send written notification of the
  269  denial, suspension, or revocation to the chief judge of each
  270  judicial circuit in which the guardian was serving on the day of
  271  the office’s decision to deny, suspend, or revoke the
  272  registration.
  273         (7) A trust company, a state banking corporation or state
  274  savings association authorized and qualified to exercise
  275  fiduciary powers in this state, or a national banking
  276  association or federal savings and loan association authorized
  277  and qualified to exercise fiduciary powers in this state, may,
  278  but is not required to, register as a professional guardian
  279  under this section. If a trust company, state banking
  280  corporation, state savings association, national banking
  281  association, or federal savings and loan association described
  282  in this subsection elects to register as a professional guardian
  283  under this subsection, the requirements of subsections (3) and
  284  (4) do not apply and the registration must include only the
  285  name, address, and employer identification number of the
  286  registrant, the name and address of its registered agent, if
  287  any, and the documentation described in paragraph (3)(b).
  288         (10) A state college or university or an independent
  289  college or university that is located and chartered in Florida,
  290  that is accredited by the Commission on Colleges of the Southern
  291  Association of Colleges and Schools or the Accrediting Council
  292  for Independent Colleges and Schools, and that confers degrees
  293  as defined in s. 1005.02(7) may, but is not required to,
  294  register as a professional guardian under this section. If a
  295  state college or university or independent college or university
  296  elects to register as a professional guardian under this
  297  subsection, the requirements of subsections (3) and (4) do not
  298  apply and the registration must include only the name, address,
  299  and employer identification number of the registrant.
  300         Section 10. Section 744.1085, Florida Statutes, is
  301  renumbered as section 744.2003, Florida Statutes, subsections
  302  (3), (6), and (9) of that section are amended, and subsection
  303  (8) of that section is republished, to read:
  304         744.2003 744.1085 Regulation of professional guardians;
  305  application; bond required; educational requirements.—
  306         (3) Each professional guardian defined in s. 744.102(17)
  307  and public guardian must receive a minimum of 40 hours of
  308  instruction and training. Each professional guardian must
  309  receive a minimum of 16 hours of continuing education every 2
  310  calendar years after the year in which the initial 40-hour
  311  educational requirement is met. The instruction and education
  312  must be completed through a course approved or offered by the
  313  Statewide Public Guardianship Office of Public and Professional
  314  Guardians. The expenses incurred to satisfy the educational
  315  requirements prescribed in this section may not be paid with the
  316  assets of any ward. This subsection does not apply to any
  317  attorney who is licensed to practice law in this state.
  318         (6) After July 1, 2005, Each professional guardian is shall
  319  be required to demonstrate competency to act as a professional
  320  guardian by taking an examination approved by the Department of
  321  Elderly Affairs.
  322         (a) The Department of Elderly Affairs shall determine the
  323  minimum examination score necessary for passage of guardianship
  324  examinations.
  325         (b) The Department of Elderly Affairs shall determine the
  326  procedure for administration of the examination.
  327         (c) The Department of Elderly Affairs or its contractor
  328  shall charge an examination fee for the actual costs of the
  329  development and the administration of the examination. The fee
  330  for registration and certification of a professional guardian
  331  may, not to exceed $500.
  332         (d) The Department of Elderly Affairs may recognize passage
  333  of a national guardianship examination in lieu of all or part of
  334  the examination approved by the Department of Elderly Affairs,
  335  except that all professional guardians must take and pass an
  336  approved examination section related to Florida law and
  337  procedure.
  338         (8) The Department of Elderly Affairs shall waive the
  339  examination requirement in subsection (6) if a professional
  340  guardian can provide:
  341         (a) Proof that the guardian has actively acted as a
  342  professional guardian for 5 years or more; and
  343         (b) A letter from a circuit judge before whom the
  344  professional guardian practiced at least 1 year which states
  345  that the professional guardian had demonstrated to the court
  346  competency as a professional guardian.
  347         (9) After July 1, 2004, The court may shall not appoint any
  348  professional guardian who has not met the requirements of this
  349  section and s. 744.2002 s. 744.1083.
  350         Section 11. Section 744.2004, Florida Statutes, is created
  351  to read:
  352         744.2004 Complaints; disciplinary proceedings; penalties;
  353  enforcement.—
  354         (1) The Office of Public and Professional Guardians shall
  355  adopt rules to:
  356         (a) Review, and if determined appropriate, investigate an
  357  allegation that a professional guardian has violated an
  358  applicable statute, fiduciary duty, standard of practice, rule,
  359  regulation, or other requirement governing the conduct of
  360  professional guardians.
  361         (b) Establish disciplinary proceedings, conduct hearings,
  362  and take administrative action pursuant to chapter 120.
  363  Disciplinary actions include, but are not limited to, requiring
  364  a professional guardian to participate in additional educational
  365  courses provided by the Office of Public and Professional
  366  Guardians, imposing additional monitoring by the office of the
  367  guardianships to which the professional guardian is appointed,
  368  and suspension or revocation of a professional guardian’s
  369  registration.
  370         (2) If the office makes a final determination to suspend or
  371  revoke the professional guardian’s registration, it must provide
  372  the determination to the court of competent jurisdiction for any
  373  guardianship case to which the professional guardian is
  374  currently appointed.
  375         Section 12. Section 744.344, Florida Statutes, is
  376  renumbered as section 744.2005, Florida Statutes, and amended to
  377  read:
  378         744.2005 744.344 Order of appointment.—
  379         (1) A professional guardian appointed by the court to
  380  provide representation of a ward shall be selected from a
  381  registry of professional guardians.
  382         (2) In using a registry:
  383         (a) The chief judge of the judicial circuit shall compile a
  384  list of professional guardians by county and provide the list to
  385  the clerk of court in each county. To be included on a registry,
  386  the professional guardian must be certified by the Office of
  387  Public and Professional Guardians.
  388         (b) The court shall appoint professional guardians in the
  389  order in which the names appear on the applicable registry,
  390  unless the court makes a finding of good cause on the record for
  391  appointment of a professional guardian out of order. The clerk
  392  of the court shall maintain the registry and provide to the
  393  court the name of the professional guardian for appointment. A
  394  professional guardian not appointed in the order in which her or
  395  his name appears on the list shall remain next in order.
  396         (3)(1) The court may hear testimony on the question of who
  397  is entitled to preference in the appointment of a guardian. Any
  398  interested person may intervene in the proceedings.
  399         (4) The order appointing a guardian must state the nature
  400  of the guardianship as either plenary or limited. If limited,
  401  the order must state that the guardian may exercise only those
  402  delegable rights which have been removed from the incapacitated
  403  person and specifically delegated to the guardian. The order
  404  shall state the specific powers and duties of the guardian.
  405         (5)(2) The order appointing a guardian must be consistent
  406  with the incapacitated person’s welfare and safety, must be the
  407  least restrictive appropriate alternative, and must reserve to
  408  the incapacitated person the right to make decisions in all
  409  matters commensurate with the person’s ability to do so.
  410         (6)(3) If a petition for appointment of guardian has been
  411  filed, an order appointing a guardian must be issued
  412  contemporaneously with the order adjudicating the person
  413  incapacitated. The order must specify the amount of the bond to
  414  be given by the guardian and must state specifically whether the
  415  guardian must place all, or part, of the property of the ward in
  416  a restricted account in a financial institution designated
  417  pursuant to s. 69.031.
  418         (7)(4) If a petition for the appointment of a guardian has
  419  not been filed at the time of the hearing on the petition to
  420  determine capacity, the court may appoint an emergency temporary
  421  guardian in the manner and for the purposes specified in s.
  422  744.3031.
  423         (8)(5) A plenary guardian shall exercise all delegable
  424  rights and powers of the incapacitated person.
  425         (9)(6) A person for whom a limited guardian has been
  426  appointed retains all legal rights except those which have been
  427  specifically granted to the guardian in the court’s written
  428  order.
  429         Section 13. Section 744.703, Florida Statutes, is
  430  renumbered as 744.2006, Florida Statutes, and subsections (1)
  431  and (6) of that section are amended, to read:
  432         744.2006 744.703 Office of public and professional
  433  guardians guardian; appointment, notification.—
  434         (1) The executive director of the Statewide Public
  435  Guardianship Office of Public and Professional Guardians, after
  436  consultation with the chief judge and other circuit judges
  437  within the judicial circuit and with appropriate advocacy groups
  438  and individuals and organizations who are knowledgeable about
  439  the needs of incapacitated persons, may establish, within a
  440  county in the judicial circuit or within the judicial circuit,
  441  one or more offices of public and professional guardian and if
  442  so established, shall create a list of persons best qualified to
  443  serve as the public guardian, who have been investigated
  444  pursuant to s. 744.3135. The public guardian must have knowledge
  445  of the legal process and knowledge of social services available
  446  to meet the needs of incapacitated persons. The public guardian
  447  shall maintain a staff or contract with professionally qualified
  448  individuals to carry out the guardianship functions, including
  449  an attorney who has experience in probate areas and another
  450  person who has a master’s degree in social work, or a
  451  gerontologist, psychologist, registered nurse, or nurse
  452  practitioner. A public guardian that is a nonprofit corporate
  453  guardian under s. 744.309(5) must receive tax-exempt status from
  454  the United States Internal Revenue Service.
  455         (6) Public guardians who have been previously appointed by
  456  a chief judge prior to the effective date of this act pursuant
  457  to this section may continue in their positions until the
  458  expiration of their term pursuant to their agreement. However,
  459  oversight of all public guardians shall transfer to the
  460  Statewide Public Guardianship Office of Public and Professional
  461  Guardians upon the effective date of this act. The executive
  462  director of the Statewide Public Guardianship Office of Public
  463  and Professional Guardians shall be responsible for all future
  464  appointments of public guardians pursuant to this act.
  465         Section 14. Section 744.704, Florida Statutes, is
  466  renumbered as section 744.2007, Florida Statutes.
  467         Section 15. Section 744.705, Florida Statutes, is
  468  renumbered as section 744.2008, Florida Statutes.
  469         Section 16. Section 744.706, Florida Statutes, is
  470  renumbered as section 744.2009, Florida Statutes, and amended to
  471  read:
  472         744.2009 744.706 Preparation of budget.—Each public
  473  guardian, whether funded in whole or in part by money raised
  474  through local efforts, grants, or any other source or whether
  475  funded in whole or in part by the state, shall prepare a budget
  476  for the operation of the office of public guardian to be
  477  submitted to the Statewide Public Guardianship Office of Public
  478  and Professional Guardians. As appropriate, the Statewide Public
  479  Guardianship Office of Public and Professional Guardians will
  480  include such budgetary information in the Department of Elderly
  481  Affairs’ legislative budget request. The office of public
  482  guardian shall be operated within the limitations of the General
  483  Appropriations Act and any other funds appropriated by the
  484  Legislature to that particular judicial circuit, subject to the
  485  provisions of chapter 216. The Department of Elderly Affairs
  486  shall make a separate and distinct request for an appropriation
  487  for the Statewide Public Guardianship Office of Public and
  488  Professional Guardians. However, this section may shall not be
  489  construed to preclude the financing of any operations of the
  490  office of the public guardian by moneys raised through local
  491  effort or through the efforts of the Statewide Public
  492  Guardianship Office of Public and Professional Guardians.
  493         Section 17. Section 744.707, Florida Statutes, is
  494  renumbered as section 744.2101, Florida Statutes, and amended to
  495  read:
  496         744.2101 744.707 Procedures and rules.—The public guardian,
  497  subject to the oversight of the Statewide Public Guardianship
  498  Office of Public and Professional Guardians, is authorized to:
  499         (1) Formulate and adopt necessary procedures to assure the
  500  efficient conduct of the affairs of the ward and general
  501  administration of the office and staff.
  502         (2) Contract for services necessary to discharge the duties
  503  of the office.
  504         (3) Accept the services of volunteer persons or
  505  organizations and provide reimbursement for proper and necessary
  506  expenses.
  507         Section 18. Section 744.709, Florida Statutes, is
  508  renumbered as section 744.2102, Florida Statutes.
  509         Section 19. Section 744.708, Florida Statutes, is
  510  renumbered as section 744.2103, Florida Statutes, and
  511  subsections (3), (4), (5), and (7) of that section are amended,
  512  to read:
  513         744.2103 744.708 Reports and standards.—
  514         (3) A public guardian shall file an annual report on the
  515  operations of the office of public guardian, in writing, by
  516  September 1 for the preceding fiscal year with the Statewide
  517  Public Guardianship Office of Public and Professional Guardians,
  518  which shall have responsibility for supervision of the
  519  operations of the office of public guardian.
  520         (4) Within 6 months of his or her appointment as guardian
  521  of a ward, the public guardian shall submit to the clerk of the
  522  court for placement in the ward’s guardianship file and to the
  523  executive director of the Statewide Public Guardianship Office
  524  of Public and Professional Guardians a report on his or her
  525  efforts to locate a family member or friend, other person, bank,
  526  or corporation to act as guardian of the ward and a report on
  527  the ward’s potential to be restored to capacity.
  528         (5)(a) Each office of public guardian shall undergo an
  529  independent audit by a qualified certified public accountant at
  530  least once every 2 years. A copy of the audit report shall be
  531  submitted to the Statewide Public Guardianship Office of Public
  532  and Professional Guardians.
  533         (b) In addition to regular monitoring activities, the
  534  Statewide Public Guardianship Office of Public and Professional
  535  Guardians shall conduct an investigation into the practices of
  536  each office of public guardian related to the managing of each
  537  ward’s personal affairs and property. If feasible, the
  538  investigation shall be conducted in conjunction with the
  539  financial audit of each office of public guardian under
  540  paragraph (a).
  541         (7) The ratio for professional staff to wards shall be 1
  542  professional to 40 wards. The Statewide Public Guardianship
  543  Office of Public and Professional Guardians may increase or
  544  decrease the ratio after consultation with the local public
  545  guardian and the chief judge of the circuit court. The basis for
  546  the decision to increase or decrease the prescribed ratio must
  547  be included in the annual report to the secretary.
  548         Section 20. Section 744.7081, Florida Statutes, is
  549  renumbered as section 744.2104, Florida Statutes, and amended to
  550  read:
  551         744.2104 744.7081 Access to records by the Statewide Public
  552  Guardianship Office of Public and Professional Guardians;
  553  confidentiality.—Notwithstanding any other provision of law to
  554  the contrary, any medical, financial, or mental health records
  555  held by an agency, or the court and its agencies, which are
  556  necessary to evaluate the public guardianship system, to assess
  557  the need for additional public guardianship, or to develop
  558  required reports, shall be provided to the Statewide Public
  559  Guardianship Office of Public and Professional Guardians upon
  560  that office’s request. Any confidential or exempt information
  561  provided to the Statewide Public Guardianship Office of Public
  562  and Professional Guardians shall continue to be held
  563  confidential or exempt as otherwise provided by law. All records
  564  held by the Statewide Public Guardianship Office of Public and
  565  Professional Guardians relating to the medical, financial, or
  566  mental health of vulnerable adults as defined in chapter 415,
  567  persons with a developmental disability as defined in chapter
  568  393, or persons with a mental illness as defined in chapter 394,
  569  shall be confidential and exempt from s. 119.07(1) and s. 24(a),
  570  Art. I of the State Constitution. Notwithstanding any other
  571  provision of law, the Office of Public and Professional
  572  Guardians is entitled to access all court records relating to
  573  the guardianship cases for which a professional guardian is
  574  appointed. The office is entitled to access these records
  575  through whatever means or systems are available, including, but
  576  not limited to, electronic access through the Florida Courts E
  577  Portal.
  578         Section 21. Section 744.7082, Florida Statutes, is
  579  renumbered as section 744.2105, Florida Statutes, and
  580  subsections (1) through (5) and (8) of that section are amended,
  581  to read:
  582         744.2105 744.7082 Direct-support organization; definition;
  583  use of property; board of directors; audit; dissolution.—
  584         (1) DEFINITION.—As used in this section, the term “direct
  585  support organization” means an organization whose sole purpose
  586  is to support the Statewide Public Guardianship Office of Public
  587  and Professional Guardians and is:
  588         (a) A not-for-profit corporation incorporated under chapter
  589  617 and approved by the Department of State;
  590         (b) Organized and operated to conduct programs and
  591  activities; to raise funds; to request and receive grants,
  592  gifts, and bequests of moneys; to acquire, receive, hold,
  593  invest, and administer, in its own name, securities, funds,
  594  objects of value, or other property, real or personal; and to
  595  make expenditures to or for the direct or indirect benefit of
  596  the Statewide Public Guardianship Office of Public and
  597  Professional Guardians; and
  598         (c) Determined by the Statewide Public Guardianship Office
  599  of Public and Professional Guardians to be consistent with the
  600  goals of the office, in the best interests of the state, and in
  601  accordance with the adopted goals and mission of the Department
  602  of Elderly Affairs and the Statewide Public Guardianship Office
  603  of Public and Professional Guardians.
  604         (2) CONTRACT.—The direct-support organization shall operate
  605  under a written contract with the Statewide Public Guardianship
  606  Office of Public and Professional Guardians. The written
  607  contract must provide for:
  608         (a) Certification by the Statewide Public Guardianship
  609  Office of Public and Professional Guardians that the direct
  610  support organization is complying with the terms of the contract
  611  and is doing so consistent with the goals and purposes of the
  612  office and in the best interests of the state. This
  613  certification must be made annually and reported in the official
  614  minutes of a meeting of the direct-support organization.
  615         (b) The reversion of moneys and property held in trust by
  616  the direct-support organization:
  617         1. To the Statewide Public Guardianship Office of Public
  618  and Professional Guardians if the direct-support organization is
  619  no longer approved to operate for the office;
  620         2. To the Statewide Public Guardianship Office of Public
  621  and Professional Guardians if the direct-support organization
  622  ceases to exist;
  623         3. To the Department of Elderly Affairs if the Statewide
  624  Public Guardianship Office of Public and Professional Guardians
  625  ceases to exist; or
  626         4. To the state if the Department of Elderly Affairs ceases
  627  to exist.
  628  
  629  The fiscal year of the direct-support organization shall begin
  630  on July 1 of each year and end on June 30 of the following year.
  631         (c) The disclosure of the material provisions of the
  632  contract, and the distinction between the Statewide Public
  633  Guardianship Office of Public and Professional Guardians and the
  634  direct-support organization, to donors of gifts, contributions,
  635  or bequests, including such disclosure on all promotional and
  636  fundraising publications.
  637         (3) BOARD OF DIRECTORS.—The Secretary of Elderly Affairs
  638  shall appoint a board of directors for the direct-support
  639  organization from a list of nominees submitted by the executive
  640  director of the Statewide Public Guardianship Office of Public
  641  and Professional Guardians.
  642         (4) USE OF PROPERTY.—The Department of Elderly Affairs may
  643  permit, without charge, appropriate use of fixed property and
  644  facilities of the department or the Statewide Public
  645  Guardianship Office of Public and Professional Guardians by the
  646  direct-support organization. The department may prescribe any
  647  condition with which the direct-support organization must comply
  648  in order to use fixed property or facilities of the department
  649  or the Statewide Public Guardianship Office of Public and
  650  Professional Guardians.
  651         (5) MONEYS.—Any moneys may be held in a separate depository
  652  account in the name of the direct-support organization and
  653  subject to the provisions of the written contract with the
  654  Statewide Public Guardianship Office of Public and Professional
  655  Guardians. Expenditures of the direct-support organization shall
  656  be expressly used to support the Statewide Public Guardianship
  657  Office of Public and Professional Guardians. The expenditures of
  658  the direct-support organization may not be used for the purpose
  659  of lobbying as defined in s. 11.045.
  660         (8) DISSOLUTION.—A After July 1, 2004, any not-for-profit
  661  corporation incorporated under chapter 617 that is determined by
  662  a circuit court to be representing itself as a direct-support
  663  organization created under this section, but that does not have
  664  a written contract with the Statewide Public Guardianship Office
  665  of Public and Professional Guardians in compliance with this
  666  section, is considered to meet the grounds for a judicial
  667  dissolution described in s. 617.1430(1)(a). The Statewide Public
  668  Guardianship Office of Public and Professional Guardians shall
  669  be the recipient for all assets held by the dissolved
  670  corporation which accrued during the period that the dissolved
  671  corporation represented itself as a direct-support organization
  672  created under this section.
  673         Section 22. Section 744.712, Florida Statutes, is
  674  renumbered as section 744.2106, Florida Statutes, and amended to
  675  read:
  676         744.2106 744.712 Joining Forces for Public Guardianship
  677  grant program; purpose.—The Legislature intends to establish the
  678  Joining Forces for Public Guardianship matching grant program
  679  for the purpose of assisting counties to establish and fund
  680  community-supported public guardianship programs. The Joining
  681  Forces for Public Guardianship matching grant program shall be
  682  established and administered by the Statewide Public
  683  Guardianship Office of Public and Professional Guardians within
  684  the Department of Elderly Affairs. The purpose of the program is
  685  to provide startup funding to encourage communities to develop
  686  and administer locally funded and supported public guardianship
  687  programs to address the needs of indigent and incapacitated
  688  residents.
  689         (1) The Statewide Public Guardianship Office of Public and
  690  Professional Guardians may distribute the grant funds as
  691  follows:
  692         (a) As initial startup funding to encourage counties that
  693  have no office of public guardian to establish an office, or as
  694  initial startup funding to open an additional office of public
  695  guardian within a county whose public guardianship needs require
  696  more than one office of public guardian.
  697         (b) As support funding to operational offices of public
  698  guardian that demonstrate a necessity for funds to meet the
  699  public guardianship needs of a particular geographic area in the
  700  state which the office serves.
  701         (c) To assist counties that have an operating public
  702  guardianship program but that propose to expand the geographic
  703  area or population of persons they serve, or to develop and
  704  administer innovative programs to increase access to public
  705  guardianship in this state.
  706  
  707  Notwithstanding this subsection, the executive director of the
  708  office may award emergency grants if he or she determines that
  709  the award is in the best interests of public guardianship in
  710  this state. Before making an emergency grant, the executive
  711  director must obtain the written approval of the Secretary of
  712  Elderly Affairs. Subsections (2), (3), and (4) do not apply to
  713  the distribution of emergency grant funds.
  714         (2) One or more grants may be awarded within a county.
  715  However, a county may not receive an award that equals, or
  716  multiple awards that cumulatively equal, more than 20 percent of
  717  the total amount of grant funds appropriated during any fiscal
  718  year.
  719         (3) If an applicant is eligible and meets the requirements
  720  to receive grant funds more than once, the Statewide Public
  721  Guardianship Office of Public and Professional Guardians shall
  722  award funds to prior awardees in the following manner:
  723         (a) In the second year that grant funds are awarded, the
  724  cumulative sum of the award provided to one or more applicants
  725  within the same county may not exceed 75 percent of the total
  726  amount of grant funds awarded within that county in year one.
  727         (b) In the third year that grant funds are awarded, the
  728  cumulative sum of the award provided to one or more applicants
  729  within the same county may not exceed 60 percent of the total
  730  amount of grant funds awarded within that county in year one.
  731         (c) In the fourth year that grant funds are awarded, the
  732  cumulative sum of the award provided to one or more applicants
  733  within the same county may not exceed 45 percent of the total
  734  amount of grant funds awarded within that county in year one.
  735         (d) In the fifth year that grant funds are awarded, the
  736  cumulative sum of the award provided to one or more applicants
  737  within the same county may not exceed 30 percent of the total
  738  amount of grant funds awarded within that county in year one.
  739         (e) In the sixth year that grant funds are awarded, the
  740  cumulative sum of the award provided to one or more applicants
  741  within the same county may not exceed 15 percent of the total
  742  amount of grant funds awarded within that county in year one.
  743  
  744  The Statewide Public Guardianship Office of Public and
  745  Professional Guardians may not award grant funds to any
  746  applicant within a county that has received grant funds for more
  747  than 6 years.
  748         (4) Grant funds shall be used only to provide direct
  749  services to indigent wards, except that up to 10 percent of the
  750  grant funds may be retained by the awardee for administrative
  751  expenses.
  752         (5) Implementation of the program is subject to a specific
  753  appropriation by the Legislature in the General Appropriations
  754  Act.
  755         Section 23. Section 744.713, Florida Statutes, is
  756  renumbered as section 744.2107, Florida Statutes, and amended to
  757  read:
  758         744.2107 744.713 Program administration; duties of the
  759  Statewide Public Guardianship Office of Public and Professional
  760  Guardians.—The Statewide Public Guardianship Office of Public
  761  and Professional Guardians shall administer the grant program.
  762  The office shall:
  763         (1) Publicize the availability of grant funds to entities
  764  that may be eligible for the funds.
  765         (2) Establish an application process for submitting a grant
  766  proposal.
  767         (3) Request, receive, and review proposals from applicants
  768  seeking grant funds.
  769         (4) Determine the amount of grant funds each awardee may
  770  receive and award grant funds to applicants.
  771         (5) Develop a monitoring process to evaluate grant
  772  awardees, which may include an annual monitoring visit to each
  773  awardee’s local office.
  774         (6) Ensure that persons or organizations awarded grant
  775  funds meet and adhere to the requirements of this act.
  776         Section 24. Section 744.714, Florida Statutes, is
  777  renumbered as section 744.2108, Florida Statutes, and paragraph
  778  (b) of subsection (1) and paragraph (b) of subsection (2) of
  779  that section are amended, to read:
  780         744.2108 744.714 Eligibility.—
  781         (1) Any person or organization that has not been awarded a
  782  grant must meet all of the following conditions to be eligible
  783  to receive a grant:
  784         (b) The applicant must have already been appointed by, or
  785  is pending appointment by, the Statewide Public Guardianship
  786  Office of Public and Professional Guardians to become an office
  787  of public guardian in this state.
  788         (2) Any person or organization that has been awarded a
  789  grant must meet all of the following conditions to be eligible
  790  to receive another grant:
  791         (b) The applicant must have been appointed by, or is
  792  pending reappointment by, the Statewide Public Guardianship
  793  Office of Public and Professional Guardians to be an office of
  794  public guardian in this state.
  795         Section 25. Section 744.715, Florida Statutes, is
  796  renumbered as section 744.2109, Florida Statutes, and amended to
  797  read:
  798         744.2109 744.715 Grant application requirements; review
  799  criteria; awards process.—Grant applications must be submitted
  800  to the Statewide Public Guardianship Office of Public and
  801  Professional Guardians for review and approval.
  802         (1) A grant application must contain:
  803         (a) The specific amount of funds being requested.
  804         (b) The proposed annual budget for the office of public
  805  guardian for which the applicant is applying on behalf of,
  806  including all sources of funding, and a detailed report of
  807  proposed expenditures, including administrative costs.
  808         (c) The total number of wards the applicant intends to
  809  serve during the grant period.
  810         (d) Evidence that the applicant has:
  811         1. Attempted to procure funds and has exhausted all
  812  possible other sources of funding; or
  813         2. Procured funds from local sources, but the total amount
  814  of the funds collected or pledged is not sufficient to meet the
  815  need for public guardianship in the geographic area that the
  816  applicant intends to serve.
  817         (e) An agreement or confirmation from a local funding
  818  source, such as a county, municipality, or any other public or
  819  private organization, that the local funding source will
  820  contribute matching funds to the public guardianship program
  821  totaling not less than $1 for every $1 of grant funds awarded.
  822  For purposes of this section, an applicant may provide evidence
  823  of agreements or confirmations from multiple local funding
  824  sources showing that the local funding sources will pool their
  825  contributed matching funds to the public guardianship program
  826  for a combined total of not less than $1 for every $1 of grant
  827  funds awarded. In-kind contributions, such as materials,
  828  commodities, office space, or other types of facilities,
  829  personnel services, or other items as determined by rule shall
  830  be considered by the office and may be counted as part or all of
  831  the local matching funds.
  832         (f) A detailed plan describing how the office of public
  833  guardian for which the applicant is applying on behalf of will
  834  be funded in future years.
  835         (g) Any other information determined by rule as necessary
  836  to assist in evaluating grant applicants.
  837         (2) If the Statewide Public Guardianship Office of Public
  838  and Professional Guardians determines that an applicant meets
  839  the requirements for an award of grant funds, the office may
  840  award the applicant any amount of grant funds the executive
  841  director deems appropriate, if the amount awarded meets the
  842  requirements of this act. The office may adopt a rule allocating
  843  the maximum allowable amount of grant funds which may be
  844  expended on any ward.
  845         (3) A grant awardee must submit a new grant application for
  846  each year of additional funding.
  847         (4)(a) In the first year of the Joining Forces for Public
  848  Guardianship program’s existence, the Statewide Public
  849  Guardianship Office of Public and Professional Guardians shall
  850  give priority in awarding grant funds to those entities that:
  851         1. Are operating as appointed offices of public guardians
  852  in this state;
  853         2. Meet all of the requirements for being awarded a grant
  854  under this act; and
  855         3. Demonstrate a need for grant funds during the current
  856  fiscal year due to a loss of local funding formerly raised
  857  through court filing fees.
  858         (b) In each fiscal year after the first year that grant
  859  funds are distributed, the Statewide Public Guardianship Office
  860  of Public and Professional Guardians may give priority to
  861  awarding grant funds to those entities that:
  862         1. Meet all of the requirements of this act for being
  863  awarded grant funds; and
  864         2. Submit with their application an agreement or
  865  confirmation from a local funding source, such as a county,
  866  municipality, or any other public or private organization, that
  867  the local funding source will contribute matching funds totaling
  868  an amount equal to or exceeding $2 for every $1 of grant funds
  869  awarded by the office. An entity may submit with its application
  870  agreements or confirmations from multiple local funding sources
  871  showing that the local funding sources will pool their
  872  contributed matching funds to the public guardianship program
  873  for a combined total of not less than $2 for every $1 of grant
  874  funds awarded. In-kind contributions allowable under this
  875  section shall be evaluated by the Statewide Public Guardianship
  876  Office of Public and Professional Guardians and may be counted
  877  as part or all of the local matching funds.
  878         Section 26. Section 744.701, Florida Statutes, is repealed.
  879         Section 27. Section 744.702, Florida Statutes, is repealed.
  880         Section 28. Section 744.7101, Florida Statutes, is
  881  repealed.
  882         Section 29. Section 744.711, Florida Statutes, is repealed.
  883         Section 30. Subsection (5) of section 400.148, Florida
  884  Statutes, is amended to read:
  885         400.148 Medicaid “Up-or-Out” Quality of Care Contract
  886  Management Program.—
  887         (5) The agency shall, jointly with the Statewide Public
  888  Guardianship Office of Public and Professional Guardians,
  889  develop a system in the pilot project areas to identify Medicaid
  890  recipients who are residents of a participating nursing home or
  891  assisted living facility who have diminished ability to make
  892  their own decisions and who do not have relatives or family
  893  available to act as guardians in nursing homes listed on the
  894  Nursing Home Guide Watch List. The agency and the Statewide
  895  Public Guardianship Office of Public and Professional Guardians
  896  shall give such residents priority for publicly funded
  897  guardianship services.
  898         Section 31. Subsection (3), paragraph (c) of subsection
  899  (4), and subsections (5) and (6) of section 744.3135, Florida
  900  Statutes, are amended to read:
  901         744.3135 Credit and criminal investigation.—
  902         (3) For professional guardians, the court and the Statewide
  903  Public Guardianship Office of Public and Professional Guardians
  904  shall accept the satisfactory completion of a criminal history
  905  record check by any method described in this subsection. A
  906  professional guardian satisfies the requirements of this section
  907  by undergoing an electronic fingerprint criminal history record
  908  check. A professional guardian may use any electronic
  909  fingerprinting equipment used for criminal history record
  910  checks. The Statewide Public Guardianship Office of Public and
  911  Professional Guardians shall adopt a rule detailing the
  912  acceptable methods for completing an electronic fingerprint
  913  criminal history record check under this section. The
  914  professional guardian shall pay the actual costs incurred by the
  915  Federal Bureau of Investigation and the Department of Law
  916  Enforcement for the criminal history record check. The entity
  917  completing the record check must immediately send the results of
  918  the criminal history record check to the clerk of the court and
  919  the Statewide Public Guardianship Office of Public and
  920  Professional Guardians. The clerk of the court shall maintain
  921  the results in the professional guardian’s file and shall make
  922  the results available to the court.
  923         (4)
  924         (c) The Department of Law Enforcement shall search all
  925  arrest fingerprints received under s. 943.051 against the
  926  fingerprints retained in the statewide automated biometric
  927  identification system under paragraph (b). Any arrest record
  928  that is identified with the fingerprints of a person described
  929  in this paragraph must be reported to the clerk of court. The
  930  clerk of court must forward any arrest record received for a
  931  professional guardian to the Statewide Public Guardianship
  932  Office of Public and Professional Guardians within 5 days. Each
  933  professional guardian who elects to submit fingerprint
  934  information electronically shall participate in this search
  935  process by paying an annual fee to the Statewide Public
  936  Guardianship Office of Public and Professional Guardians of the
  937  Department of Elderly Affairs and by informing the clerk of
  938  court and the Statewide Public Guardianship Office of Public and
  939  Professional Guardians of any change in the status of his or her
  940  guardianship appointment. The amount of the annual fee to be
  941  imposed for performing these searches and the procedures for the
  942  retention of professional guardian fingerprints and the
  943  dissemination of search results shall be established by rule of
  944  the Department of Law Enforcement. At least once every 5 years,
  945  the Statewide Public Guardianship Office of Public and
  946  Professional Guardians must request that the Department of Law
  947  Enforcement forward the fingerprints maintained under this
  948  section to the Federal Bureau of Investigation.
  949         (5)(a) A professional guardian, and each employee of a
  950  professional guardian who has a fiduciary responsibility to a
  951  ward, must complete, at his or her own expense, an investigation
  952  of his or her credit history before and at least once every 2
  953  years after the date of the guardian’s registration with the
  954  Statewide Public Guardianship Office of Public and Professional
  955  Guardians.
  956         (b) The Statewide Public Guardianship Office of Public and
  957  Professional Guardians shall adopt a rule detailing the
  958  acceptable methods for completing a credit investigation under
  959  this section. If appropriate, the Statewide Public Guardianship
  960  Office of Public and Professional Guardians may administer
  961  credit investigations. If the office chooses to administer the
  962  credit investigation, the office may adopt a rule setting a fee,
  963  not to exceed $25, to reimburse the costs associated with the
  964  administration of a credit investigation.
  965         (6) The Statewide Public Guardianship Office of Public and
  966  Professional Guardians may inspect at any time the results of
  967  any credit or criminal history record check of a public or
  968  professional guardian conducted under this section. The office
  969  shall maintain copies of the credit or criminal history record
  970  check results in the guardian’s registration file. If the
  971  results of a credit or criminal investigation of a public or
  972  professional guardian have not been forwarded to the Statewide
  973  Public Guardianship Office of Public and Professional Guardians
  974  by the investigating agency, the clerk of the court shall
  975  forward copies of the results of the investigations to the
  976  office upon receiving them.
  977         Section 32. Paragraph (e) of subsection (2) of section
  978  415.1102, Florida Statutes, is amended to read:
  979         415.1102 Adult protection teams.—
  980         (2) Such teams may be composed of, but need not be limited
  981  to:
  982         (e) Public and professional guardians as described in part
  983  II IX of chapter 744.
  984         Section 33. Paragraph (d) of subsection (3) of section
  985  744.331, Florida Statutes, is amended to read:
  986         744.331 Procedures to determine incapacity.—
  987         (3) EXAMINING COMMITTEE.—
  988         (d) A member of an examining committee must complete a
  989  minimum of 4 hours of initial training. The person must complete
  990  2 hours of continuing education during each 2-year period after
  991  the initial training. The initial training and continuing
  992  education program must be developed under the supervision of the
  993  Statewide Public Guardianship Office of Public and Professional
  994  Guardians, in consultation with the Florida Conference of
  995  Circuit Court Judges; the Elder Law and the Real Property,
  996  Probate and Trust Law sections of The Florida Bar; and the
  997  Florida State Guardianship Association; and the Florida
  998  Guardianship Foundation. The court may waive the initial
  999  training requirement for a person who has served for not less
 1000  than 5 years on examining committees. If a person wishes to
 1001  obtain his or her continuing education on the Internet or by
 1002  watching a video course, the person must first obtain the
 1003  approval of the chief judge before taking an Internet or video
 1004  course.
 1005         Section 34. Paragraph (a) of subsection (1) of section
 1006  20.415, Florida Statutes, is amended to read:
 1007         20.415 Department of Elderly Affairs; trust funds.—The
 1008  following trust funds shall be administered by the Department of
 1009  Elderly Affairs:
 1010         (1) Administrative Trust Fund.
 1011         (a) Funds to be credited to and uses of the trust fund
 1012  shall be administered in accordance with ss. 215.32, 744.534,
 1013  and 744.2001 744.7021.
 1014         Section 35. Section 744.524, Florida Statutes, is amended
 1015  to read:
 1016         744.524 Termination of guardianship on change of domicile
 1017  of resident ward.—When the domicile of a resident ward has
 1018  changed as provided in s. 744.1098 s. 744.2025, and the foreign
 1019  court having jurisdiction over the ward at the ward’s new
 1020  domicile has appointed a guardian and that guardian has
 1021  qualified and posted a bond in an amount required by the foreign
 1022  court, the guardian in this state may file her or his final
 1023  report and close the guardianship in this state. The guardian of
 1024  the property in this state shall cause a notice to be published
 1025  once a week for 2 consecutive weeks, in a newspaper of general
 1026  circulation published in the county, that she or he has filed
 1027  her or his accounting and will apply for discharge on a day
 1028  certain and that jurisdiction of the ward will be transferred to
 1029  the state of foreign jurisdiction. If an objection is filed to
 1030  the termination of the guardianship in this state, the court
 1031  shall hear the objection and enter an order either sustaining or
 1032  overruling the objection. Upon the disposition of all objections
 1033  filed, or if no objection is filed, final settlement shall be
 1034  made by the Florida guardian. On proof that the remaining
 1035  property in the guardianship has been received by the foreign
 1036  guardian, the guardian of the property in this state shall be
 1037  discharged. The entry of the order terminating the guardianship
 1038  in this state shall not exonerate the guardian or the guardian’s
 1039  surety from any liability previously incurred.
 1040         Section 36. For the 2015-2016 fiscal year, 6 full-time
 1041  equivalent positions, with associated salary rate of 191,119,
 1042  are authorized and the sum of $821,670 in recurring funds from
 1043  the General Revenue Fund is appropriated to the Department of
 1044  Elder Affairs for the purpose of carrying out all oversight and
 1045  monitoring responsibilities of the Office of Public and
 1046  Professional Guardians.
 1047         Section 37. This act shall take effect January 1, 2016.