Florida Senate - 2016                                     SB 232
       
       
        
       By Senator Detert
       
       
       
       
       
       28-00114B-16                                           2016232__
    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., relating to
    6         domicile of ward; renumbering and amending s. 744.202,
    7         F.S.; conforming a cross-reference; renumbering s.
    8         744.2025, F.S., relating to change of ward’s
    9         residence; renumbering and amending s. 744.7021, F.S.;
   10         renaming the Statewide Public Guardianship Office to
   11         the Office of Public and Professional Guardians;
   12         revising the duties and responsibilities of the
   13         executive director for the Office of Public and
   14         Professional Guardians; conforming provisions to
   15         changes made by the act; renumbering and amending s.
   16         744.1083, F.S.; providing that a guardian has standing
   17         to seek judicial review pursuant to ch. 120, F.S., if
   18         his or her registration is denied; removing a
   19         provision authorizing the executive director to
   20         suspend or revoke the registration of a guardian who
   21         commits certain violations; removing the requirement
   22         of written notification to the chief judge of the
   23         judicial circuit upon the executive director’s denial,
   24         suspension, or revocation of a registration;
   25         conforming provisions to changes made by the act;
   26         conforming a cross-reference; renumbering and amending
   27         s. 744.1085, F.S.; conforming provisions to changes
   28         made by the act; removing an obsolete provision;
   29         conforming a cross-reference; creating s. 744.2004,
   30         F.S.; requiring the Office of Public and Professional
   31         Guardians to establish certain procedures by a
   32         specified date; requiring the office to establish
   33         disciplinary proceedings, conduct hearings, and take
   34         administrative action pursuant to ch. 120, F.S.;
   35         requiring the Department of Elderly Affairs to provide
   36         certain written information in disciplinary
   37         proceedings; requiring that certain findings and
   38         recommendations be made within a certain time;
   39         requiring the office, under certain circumstances, to
   40         make a specified recommendation to a court of
   41         competent jurisdiction; requiring the office to report
   42         determination or suspicion of abuse to the Department
   43         of Children and Families’ central abuse hotline under
   44         specified circumstances; requiring the Department of
   45         Elderly Affairs to adopt rules; renumbering and
   46         amending s. 744.344, F.S.; making technical changes;
   47         renumbering and amending s. 744.703, F.S.; conforming
   48         provisions to changes made by the act; renumbering ss.
   49         744.704 and 744.705, F.S., relating to the powers and
   50         duties of public guardians and the costs of public
   51         guardians, respectively; renumbering and amending ss.
   52         744.706 and 744.707, F.S.; conforming provisions to
   53         changes made by the act; renumbering s. 744.709, F.S.,
   54         relating to surety bonds; renumbering and amending s.
   55         744.708, F.S.; conforming provisions to changes made
   56         by the act; renumbering and amending s. 744.7081,
   57         F.S.; requiring that the Office of Public and
   58         Professional Guardians be provided financial audits
   59         upon its request as part of an investigation;
   60         conforming provisions to changes made by the act;
   61         renumbering and amending s. 744.7082, F.S.; conforming
   62         provisions to changes made by the act; renumbering and
   63         amending s. 744.712, F.S.; providing legislative
   64         intent; conforming provisions; renumbering and
   65         amending ss. 744.713, 744.714, and 744.715, F.S.;
   66         conforming provisions to changes made by the act;
   67         amending s. 744.3135, F.S.; requiring the office to
   68         adopt rules by a certain date; conforming provisions
   69         to changes made by the act; repealing s. 744.701,
   70         F.S., relating to a short title; repealing s. 744.702,
   71         F.S., relating to legislative intent; repealing s.
   72         744.7101, F.S., relating to a short title; repealing
   73         s. 744.711, F.S., relating to legislative findings and
   74         intent; amending ss. 400.148 and 744.331, F.S.;
   75         conforming provisions to changes made by the act;
   76         amending ss. 20.415, 415.1102, 744.309, and 744.524,
   77         F.S.; conforming cross-references; making technical
   78         changes; providing an effective date.
   79          
   80  Be It Enacted by the Legislature of the State of Florida:
   81  
   82         Section 1. The Division of Law Revision and Information is
   83  directed to add ss. 744.1096-744.1098, Florida Statutes, created
   84  by this act, to part I of chapter 744, Florida Statutes.
   85         Section 2. The Division of Law Revision and Information is
   86  directed to rename part II of chapter 744, Florida Statutes,
   87  entitled “VENUE,” as “PUBLIC AND PROFESSIONAL GUARDIANS,
   88  consisting of ss. 744.2001-744.2109, Florida Statutes.
   89         Section 3. The Division of Law Revision and Information is
   90  directed to remove part IX of chapter 744, Florida Statutes.
   91         Section 4. Section 744.1012, Florida Statutes, is amended
   92  to read:
   93         744.1012 Legislative intent.—The Legislature finds that:
   94         (1)That Adjudicating a person totally incapacitated and in
   95  need of a guardian deprives such person of all her or his civil
   96  and legal rights and that such deprivation may be unnecessary.
   97         (2)The Legislature further finds that It is desirable to
   98  make available the least restrictive form of guardianship to
   99  assist persons who are only partially incapable of caring for
  100  their needs and that alternatives to guardianship and less
  101  restrictive means of assistance, including, but not limited to,
  102  guardian advocates, should always be explored before an
  103  individual’s rights are removed through an adjudication of
  104  incapacity.
  105         (3) By recognizing that every individual has unique needs
  106  and differing abilities, the Legislature declares that it is the
  107  purpose of this act to promote the public welfare by
  108  establishing a system that permits incapacitated persons to
  109  participate as fully as possible in all decisions affecting
  110  them; that assists such persons in meeting the essential
  111  requirements for their physical health and safety, in protecting
  112  their rights, in managing their financial resources, and in
  113  developing or regaining their abilities to the maximum extent
  114  possible; and that accomplishes these objectives through
  115  providing, in each case, the form of assistance that least
  116  interferes with the legal capacity of a person to act in her or
  117  his own behalf. This act shall be liberally construed to
  118  accomplish this purpose.
  119         (4) Private guardianship may be inadequate when there is no
  120  willing and responsible family member or friend, other person,
  121  bank, or corporation available to serve as guardian for an
  122  incapacitated person, and such person does not have adequate
  123  income or wealth for the compensation of a private guardian.
  124         (5) Through the establishment of the Office of Public and
  125  Professional Guardians, the Legislature intends to permit the
  126  establishment of offices of public guardians for the purpose of
  127  providing guardianship services for incapacitated persons when
  128  no private guardian is available.
  129         (6) A public guardian will be provided only to those
  130  persons whose needs cannot be met through less restrictive means
  131  of intervention.
  132         Section 5. Section 744.201, Florida Statutes, is renumbered
  133  as section 744.1096, Florida Statutes.
  134         Section 6. Section 744.202, Florida Statutes, is renumbered
  135  as section 744.1097, Florida Statutes, and subsection (3) of
  136  that section is amended, to read:
  137         744.1097 744.202 Venue.—
  138         (3) When the residence of an incapacitated person is
  139  changed to another county, the guardian shall petition to have
  140  the venue of the guardianship changed to the county of the
  141  acquired residence, except as provided in s. 744.1098 s.
  142  744.2025.
  143         Section 7. Section 744.2025, Florida Statutes, is
  144  renumbered as section 744.1098, Florida Statutes.
  145         Section 8. Section 744.7021, Florida Statutes, is
  146  renumbered as section 744.2001, Florida Statutes, and amended to
  147  read:
  148         744.2001 744.7021Statewide Public Guardianship Office of
  149  Public and Professional Guardians.—There is hereby created the
  150  Statewide Public Guardianship Office of Public and Professional
  151  Guardians within the Department of Elderly Affairs.
  152         (1) The Secretary of Elderly Affairs shall appoint the
  153  executive director, who shall be the head of the Statewide
  154  Public Guardianship Office of Public and Professional Guardians.
  155  The executive director must be a member of The Florida Bar,
  156  knowledgeable of guardianship law and of the social services
  157  available to meet the needs of incapacitated persons, shall
  158  serve on a full-time basis, and shall personally, or through a
  159  representative representatives of the office, carry out the
  160  purposes and functions of the Statewide Public Guardianship
  161  Office of Public and Professional Guardians in accordance with
  162  state and federal law. The executive director shall serve at the
  163  pleasure of and report to the secretary.
  164         (2) The executive director shall, within available
  165  resources:,
  166         (a) Have oversight responsibilities for all public and
  167  professional guardians.
  168         (b) Establish standards of practice for public and
  169  professional guardians by rule, in consultation with
  170  professional guardianship associations and other interested
  171  stakeholders, no later than October 1, 2016. The executive
  172  director shall provide a draft of the standards to the Governor,
  173  the Legislature, and the secretary for review by August 1, 2016.
  174         (c) Review and approve the standards and criteria for the
  175  education, registration, and certification of public and
  176  professional guardians in Florida.
  177         (3) The executive director’s oversight responsibilities of
  178  professional guardians must be finalized by October 1, 2016, and
  179  shall include, but are not limited to:
  180         (a)Developing and implementing a monitoring tool to ensure
  181  compliance of professional guardians with the standards of
  182  practice established by the Office of Public and Professional
  183  Guardians. This monitoring tool may not include a financial
  184  audit as required by the clerk of the circuit court under s.
  185  744.368.
  186         (b) Developing procedures, in consultation with
  187  professional guardianship associations and other interested
  188  stakeholders, for the review of an allegation that a
  189  professional guardian has violated the standards of practice
  190  established by the Office of Public and Professional Guardians
  191  governing the conduct of professional guardians.
  192         (c) Establishing disciplinary proceedings, conducting
  193  hearings, and taking administrative action pursuant to chapter
  194  120.
  195         (4) The executive director’s oversight responsibilities of
  196  public guardians shall include, but are not limited to:
  197         (a) Reviewing The executive director shall review the
  198  current public guardian programs in Florida and other states.
  199         (b) Developing The executive director, in consultation with
  200  local guardianship offices and other interested stakeholders,
  201  shall develop statewide performance measures and standards.
  202         (c) Reviewing The executive director shall review the
  203  various methods of funding public guardianship programs, the
  204  kinds of services being provided by such programs, and the
  205  demographics of the wards. In addition, the executive director
  206  shall review and make recommendations regarding the feasibility
  207  of recovering a portion or all of the costs of providing public
  208  guardianship services from the assets or income of the wards.
  209         (d) By January 1 of each year, providing the executive
  210  director shall provide a status report and provide further
  211  recommendations to the secretary which that address the need for
  212  public guardianship services and related issues.
  213         (e)Developing a guardianship training program curriculum
  214  that may be offered to all guardians, whether public or private.
  215         (5)(e) The executive director may provide assistance to
  216  local governments or entities in pursuing grant opportunities.
  217  The executive director shall review and make recommendations in
  218  the annual report on the availability and efficacy of seeking
  219  Medicaid matching funds. The executive director shall diligently
  220  seek ways to use existing programs and services to meet the
  221  needs of public wards.
  222         (f) The executive director, in consultation with the
  223  Florida Guardianship Foundation, shall develop a guardianship
  224  training program curriculum that may be offered to all guardians
  225  whether public or private.
  226         (6)(3) The executive director may conduct or contract for
  227  demonstration projects authorized by the Department of Elderly
  228  Affairs, within funds appropriated or through gifts, grants, or
  229  contributions for such purposes, to determine the feasibility or
  230  desirability of new concepts of organization, administration,
  231  financing, or service delivery designed to preserve the civil
  232  and constitutional rights of persons of marginal or diminished
  233  capacity. Any gifts, grants, or contributions for such purposes
  234  shall be deposited in the Department of Elderly Affairs
  235  Administrative Trust Fund.
  236         Section 9. Section 744.1083, Florida Statutes, is
  237  renumbered as section 744.2002, Florida Statutes, subsections
  238  (1) through (5) of that section are amended, and subsections (7)
  239  and (10) of that section are republished, to read:
  240         744.2002 744.1083 Professional guardian registration.—
  241         (1) A professional guardian must register with the
  242  Statewide Public Guardianship Office of Public and Professional
  243  Guardians established in part II IX of this chapter.
  244         (2) Annual registration shall be made on forms furnished by
  245  the Statewide Public Guardianship Office of Public and
  246  Professional Guardians and accompanied by the applicable
  247  registration fee as determined by rule. The fee may not exceed
  248  $100.
  249         (3) Registration must include the following:
  250         (a) Sufficient information to identify the professional
  251  guardian, as follows:
  252         1. If the professional guardian is a natural person, the
  253  name, address, date of birth, and employer identification or
  254  social security number of the person.
  255         2. If the professional guardian is a partnership or
  256  association, the name, address, and employer identification
  257  number of the entity.
  258         (b) Documentation that the bonding and educational
  259  requirements of s. 744.2003 s. 744.1085 have been met.
  260         (c) Sufficient information to distinguish a guardian
  261  providing guardianship services as a public guardian,
  262  individually, through partnership, corporation, or any other
  263  business organization.
  264         (4) Prior to registering a professional guardian, the
  265  Statewide Public Guardianship Office of Public and Professional
  266  Guardians must receive and review copies of the credit and
  267  criminal investigations conducted under s. 744.3135. The credit
  268  and criminal investigations must have been completed within the
  269  previous 2 years.
  270         (5) The executive director of the office may deny
  271  registration to a professional guardian if the executive
  272  director determines that the guardian’s proposed registration,
  273  including the guardian’s credit or criminal investigations,
  274  indicates that registering the professional guardian would
  275  violate any provision of this chapter. If a guardian’s proposed
  276  registration is denied, the guardian has standing to seek
  277  judicial review of the denial pursuant to chapter 120 If a
  278  guardian who is currently registered with the office violates a
  279  provision of this chapter, the executive director of the office
  280  may suspend or revoke the guardian’s registration. If the
  281  executive director denies registration to a professional
  282  guardian or suspends or revokes a professional guardian’s
  283  registration, the Statewide Public Guardianship Office must send
  284  written notification of the denial, suspension, or revocation to
  285  the chief judge of each judicial circuit in which the guardian
  286  was serving on the day of the office’s decision to deny,
  287  suspend, or revoke the registration.
  288         (7) A trust company, a state banking corporation or state
  289  savings association authorized and qualified to exercise
  290  fiduciary powers in this state, or a national banking
  291  association or federal savings and loan association authorized
  292  and qualified to exercise fiduciary powers in this state, may,
  293  but is not required to, register as a professional guardian
  294  under this section. If a trust company, state banking
  295  corporation, state savings association, national banking
  296  association, or federal savings and loan association described
  297  in this subsection elects to register as a professional guardian
  298  under this subsection, the requirements of subsections (3) and
  299  (4) do not apply and the registration must include only the
  300  name, address, and employer identification number of the
  301  registrant, the name and address of its registered agent, if
  302  any, and the documentation described in paragraph (3)(b).
  303         (10) A state college or university or an independent
  304  college or university that is located and chartered in Florida,
  305  that is accredited by the Commission on Colleges of the Southern
  306  Association of Colleges and Schools or the Accrediting Council
  307  for Independent Colleges and Schools, and that confers degrees
  308  as defined in s. 1005.02(7) may, but is not required to,
  309  register as a professional guardian under this section. If a
  310  state college or university or independent college or university
  311  elects to register as a professional guardian under this
  312  subsection, the requirements of subsections (3) and (4) do not
  313  apply and the registration must include only the name, address,
  314  and employer identification number of the registrant.
  315         Section 10. Section 744.1085, Florida Statutes, is
  316  renumbered as section 744.2003, Florida Statutes, subsections
  317  (3), (6), and (9) of that section are amended, and subsection
  318  (8) of that section is republished, to read:
  319         744.2003 744.1085 Regulation of professional guardians;
  320  application; bond required; educational requirements.—
  321         (3) Each professional guardian defined in s. 744.102(17)
  322  and public guardian must receive a minimum of 40 hours of
  323  instruction and training. Each professional guardian must
  324  receive a minimum of 16 hours of continuing education every 2
  325  calendar years after the year in which the initial 40-hour
  326  educational requirement is met. The instruction and education
  327  must be completed through a course approved or offered by the
  328  Statewide Public Guardianship Office of Public and Professional
  329  Guardians. The expenses incurred to satisfy the educational
  330  requirements prescribed in this section may not be paid with the
  331  assets of any ward. This subsection does not apply to any
  332  attorney who is licensed to practice law in this state or an
  333  institution acting as guardian under s. 744.2002(7).
  334         (6) After July 1, 2005, Each professional guardian is shall
  335  be required to demonstrate competency to act as a professional
  336  guardian by taking an examination approved by the Department of
  337  Elderly Affairs.
  338         (a) The Department of Elderly Affairs shall determine the
  339  minimum examination score necessary for passage of guardianship
  340  examinations.
  341         (b) The Department of Elderly Affairs shall determine the
  342  procedure for administration of the examination.
  343         (c) The Department of Elderly Affairs or its contractor
  344  shall charge an examination fee for the actual costs of the
  345  development and the administration of the examination. The
  346  examination fee for a guardian may, not to exceed $500.
  347         (d) The Department of Elderly Affairs may recognize passage
  348  of a national guardianship examination in lieu of all or part of
  349  the examination approved by the Department of Elderly Affairs,
  350  except that all professional guardians must take and pass an
  351  approved examination section related to Florida law and
  352  procedure.
  353         (8) The Department of Elderly Affairs shall waive the
  354  examination requirement in subsection (6) if a professional
  355  guardian can provide:
  356         (a) Proof that the guardian has actively acted as a
  357  professional guardian for 5 years or more; and
  358         (b) A letter from a circuit judge before whom the
  359  professional guardian practiced at least 1 year which states
  360  that the professional guardian had demonstrated to the court
  361  competency as a professional guardian.
  362         (9) After July 1, 2004, The court may shall not appoint any
  363  professional guardian who is has not registered by the Office of
  364  Public and Professional Guardians met the requirements of this
  365  section and s. 744.1083.
  366         Section 11. Section 744.2004, Florida Statutes, is created
  367  to read:
  368         744.2004 Complaints; disciplinary proceedings; penalties;
  369  enforcement.—
  370         (1) By October 1, 2016, the Office of Public and
  371  Professional Guardians shall establish procedures to:
  372         (a) Review and, if determined legally sufficient,
  373  investigate any complaint that a professional guardian has
  374  violated the standards of practice established by the Office of
  375  Public and Professional Guardians governing the conduct of
  376  professional guardians. A complaint is legally sufficient if it
  377  contains ultimate facts that show a violation of a standard of
  378  practice by a professional guardian has occurred.
  379         (b) Initiate an investigation no later than 10 business
  380  days after the Office of Public and Professional Guardians
  381  receives a complaint.
  382         (c) Complete and provide initial investigative findings and
  383  recommendations, if any, to the professional guardian and the
  384  person who filed the complaint within 60 days of receipt.
  385         (d) Obtain supporting information or documentation to
  386  determine the legal sufficiency of a complaint.
  387         (e) Interview a ward, family member, or interested party to
  388  determine the legal sufficiency of a complaint.
  389         (f) Dismiss any complaint if, at any time after legal
  390  sufficiency is determined, it is found there is insufficient
  391  evidence to support the allegations contained in the complaint.
  392         (g) Coordinate, to the greatest extent possible, with the
  393  clerks of court to avoid duplication of duties with regard to
  394  the financial audits prepared by the clerks pursuant to s.
  395  744.368.
  396         (2) The Office of Public and Professional Guardians shall
  397  establish disciplinary proceedings, conduct hearings, and take
  398  administrative action pursuant to chapter 120. Disciplinary
  399  actions may include, but are not limited to, requiring a
  400  professional guardian to participate in additional educational
  401  courses provided or approved by the Office of Public and
  402  Professional Guardians, imposing additional monitoring by the
  403  office of the guardianships to which the professional guardian
  404  is appointed, and suspension or revocation of a professional
  405  guardian’s registration.
  406         (3) In any disciplinary proceeding that may result in the
  407  suspension or revocation of a professional guardian’s
  408  registration, the Department of Elderly Affairs shall provide
  409  the professional guardian and the person who filed the
  410  complaint:
  411         (a) A written explanation of how an administrative
  412  complaint is resolved by the disciplinary process.
  413         (b) A written explanation of how and when the person may
  414  participate in the disciplinary process.
  415         (c) A written notice of any hearing before the Division of
  416  Administrative Hearings at which final agency action may be
  417  taken.
  418         (4) If the office makes a final determination to suspend or
  419  revoke the professional guardian’s registration, it must provide
  420  such determination to the court of competent jurisdiction for
  421  any guardianship case to which the professional guardian is
  422  currently appointed.
  423         (5) If the office determines or has reasonable cause to
  424  suspect that a vulnerable adult has been or is being abused,
  425  neglected, or exploited as a result of a filed complaint or
  426  during the course of an investigation of a complaint, it shall
  427  immediately report such determination or suspicion to the
  428  central abuse hotline established and maintained by the
  429  Department of Children and Families pursuant to s. 415.103.
  430         (6) By October 1, 2016, the Department of Elderly Affairs
  431  shall adopt rules to implement the provisions of this section.
  432         Section 12. Section 744.344, Florida Statutes, is
  433  renumbered as section 744.2005, Florida Statutes, and amended to
  434  read:
  435         744.2005 744.344 Order of appointment.—
  436         (1) The court may hear testimony on the question of who is
  437  entitled to preference in the appointment of a guardian. Any
  438  interested person may intervene in the proceedings.
  439         (2) The order appointing a guardian must state the nature
  440  of the guardianship as either plenary or limited. If limited,
  441  the order must state that the guardian may exercise only those
  442  delegable rights which have been removed from the incapacitated
  443  person and specifically delegated to the guardian. The order
  444  shall state the specific powers and duties of the guardian.
  445         (3)(2) The order appointing a guardian must be consistent
  446  with the incapacitated person’s welfare and safety, must be the
  447  least restrictive appropriate alternative, and must reserve to
  448  the incapacitated person the right to make decisions in all
  449  matters commensurate with the person’s ability to do so.
  450         (4)(3) If a petition for appointment of a guardian has been
  451  filed, an order appointing a guardian must be issued
  452  contemporaneously with the order adjudicating the person
  453  incapacitated. The order must specify the amount of the bond to
  454  be given by the guardian and must state specifically whether the
  455  guardian must place all, or part, of the property of the ward in
  456  a restricted account in a financial institution designated
  457  pursuant to s. 69.031.
  458         (5)(4) If a petition for the appointment of a guardian has
  459  not been filed or ruled upon at the time of the hearing on the
  460  petition to determine capacity, the court may appoint an
  461  emergency temporary guardian in the manner and for the purposes
  462  specified in s. 744.3031.
  463         (6)(5) A plenary guardian shall exercise all delegable
  464  rights and powers of the incapacitated person.
  465         (7)(6) A person for whom a limited guardian has been
  466  appointed retains all legal rights except those that which have
  467  been specifically granted to the guardian in the court’s written
  468  order.
  469         Section 13. Section 744.703, Florida Statutes, is
  470  renumbered as section 744.2006, Florida Statutes, and
  471  subsections (1) and (6) of that section are amended, to read:
  472         744.2006 744.703 Office of Public and Professional
  473  Guardians guardian; appointment, notification.—
  474         (1) The executive director of the Statewide Public
  475  Guardianship Office of Public and Professional Guardians, after
  476  consultation with the chief judge and other circuit judges
  477  within the judicial circuit and with appropriate advocacy groups
  478  and individuals and organizations who are knowledgeable about
  479  the needs of incapacitated persons, may establish, within a
  480  county in the judicial circuit or within the judicial circuit,
  481  one or more offices of public guardian and if so established,
  482  shall create a list of persons best qualified to serve as the
  483  public guardian, who have been investigated pursuant to s.
  484  744.3135. The public guardian must have knowledge of the legal
  485  process and knowledge of social services available to meet the
  486  needs of incapacitated persons. The public guardian shall
  487  maintain a staff or contract with professionally qualified
  488  individuals to carry out the guardianship functions, including
  489  an attorney who has experience in probate areas and another
  490  person who has a master’s degree in social work, or a
  491  gerontologist, psychologist, registered nurse, or nurse
  492  practitioner. A public guardian that is a nonprofit corporate
  493  guardian under s. 744.309(5) must receive tax-exempt status from
  494  the United States Internal Revenue Service.
  495         (6) Public guardians who have been previously appointed by
  496  a chief judge prior to the effective date of this act pursuant
  497  to this section may continue in their positions until the
  498  expiration of their term pursuant to their agreement. However,
  499  oversight of all public guardians shall transfer to the
  500  Statewide Public Guardianship Office of Public and Professional
  501  Guardians upon the effective date of this act. The executive
  502  director of the Statewide Public Guardianship Office of Public
  503  and Professional Guardians shall be responsible for all future
  504  appointments of public guardians pursuant to this act.
  505         Section 14. Section 744.704, Florida Statutes, is
  506  renumbered as section 744.2007, Florida Statutes.
  507         Section 15. Section 744.705, Florida Statutes, is
  508  renumbered as section 744.2008, Florida Statutes.
  509         Section 16. Section 744.706, Florida Statutes, is
  510  renumbered as section 744.2009, Florida Statutes, and amended to
  511  read:
  512         744.2009 744.706 Preparation of budget.—Each public
  513  guardian, whether funded in whole or in part by money raised
  514  through local efforts, grants, or any other source or whether
  515  funded in whole or in part by the state, shall prepare a budget
  516  for the operation of the office of public guardian to be
  517  submitted to the Statewide Public Guardianship Office of Public
  518  and Professional Guardians. As appropriate, the Statewide Public
  519  Guardianship Office of Public and Professional Guardians will
  520  include such budgetary information in the Department of Elderly
  521  Affairs’ legislative budget request. The office of public
  522  guardian shall be operated within the limitations of the General
  523  Appropriations Act and any other funds appropriated by the
  524  Legislature to that particular judicial circuit, subject to the
  525  provisions of chapter 216. The Department of Elderly Affairs
  526  shall make a separate and distinct request for an appropriation
  527  for the Statewide Public Guardianship Office of Public and
  528  Professional Guardians. However, this section may shall not be
  529  construed to preclude the financing of any operations of the
  530  office of the public guardian by moneys raised through local
  531  effort or through the efforts of the Statewide Public
  532  Guardianship Office of Public and Professional Guardians.
  533         Section 17. Section 744.707, Florida Statutes, is
  534  renumbered as section 744.2101, Florida Statutes, and amended to
  535  read:
  536         744.2101 744.707 Procedures and rules.—The public guardian,
  537  subject to the oversight of the Statewide Public Guardianship
  538  Office of Public and Professional Guardians, is authorized to:
  539         (1) Formulate and adopt necessary procedures to assure the
  540  efficient conduct of the affairs of the ward and general
  541  administration of the office and staff.
  542         (2) Contract for services necessary to discharge the duties
  543  of the office.
  544         (3) Accept the services of volunteer persons or
  545  organizations and provide reimbursement for proper and necessary
  546  expenses.
  547         Section 18. Section 744.709, Florida Statutes, is
  548  renumbered as section 744.2102, Florida Statutes.
  549         Section 19. Section 744.708, Florida Statutes, is
  550  renumbered as section 744.2103, Florida Statutes, and
  551  subsections (3), (4), (5), and (7) of that section are amended,
  552  to read:
  553         744.2103 744.708 Reports and standards.—
  554         (3) A public guardian shall file an annual report on the
  555  operations of the office of public guardian, in writing, by
  556  September 1 for the preceding fiscal year with the Statewide
  557  Public Guardianship Office of Public and Professional Guardians,
  558  which shall have responsibility for supervision of the
  559  operations of the office of public guardian.
  560         (4) Within 6 months of his or her appointment as guardian
  561  of a ward, the public guardian shall submit to the clerk of the
  562  court for placement in the ward’s guardianship file and to the
  563  executive director of the Statewide Public Guardianship Office
  564  of Public and Professional Guardians a report on his or her
  565  efforts to locate a family member or friend, other person, bank,
  566  or corporation to act as guardian of the ward and a report on
  567  the ward’s potential to be restored to capacity.
  568         (5)(a) Each office of public guardian shall undergo an
  569  independent audit by a qualified certified public accountant at
  570  least once every 2 years. A copy of the audit report shall be
  571  submitted to the Statewide Public Guardianship Office of Public
  572  and Professional Guardians.
  573         (b) In addition to regular monitoring activities, the
  574  Statewide Public Guardianship Office of Public and Professional
  575  Guardians shall conduct an investigation into the practices of
  576  each office of public guardian related to the managing of each
  577  ward’s personal affairs and property. If feasible, the
  578  investigation shall be conducted in conjunction with the
  579  financial audit of each office of public guardian under
  580  paragraph (a).
  581         (7) The ratio for professional staff to wards shall be 1
  582  professional to 40 wards. The Statewide Public Guardianship
  583  Office of Public and Professional Guardians may increase or
  584  decrease the ratio after consultation with the local public
  585  guardian and the chief judge of the circuit court. The basis for
  586  the decision to increase or decrease the prescribed ratio must
  587  be included in the annual report to the secretary.
  588         Section 20. Section 744.7081, Florida Statutes, is
  589  renumbered as section 744.2104, Florida Statutes, and amended to
  590  read:
  591         744.2104 744.7081 Access to records by the Statewide Public
  592  Guardianship Office of Public and Professional Guardians;
  593  confidentiality.—
  594         (1) Notwithstanding any other provision of law to the
  595  contrary, any medical, financial, or mental health records held
  596  by an agency, or the court and its agencies, or financial audits
  597  prepared by the clerk of the court pursuant to s. 744.368 and
  598  held by the court, which are necessary as part of an
  599  investigation of a guardian as a result of a complaint filed
  600  with the Office of Public and Professional Guardians to evaluate
  601  the public guardianship system, to assess the need for
  602  additional public guardianship, or to develop required reports,
  603  shall be provided to the Statewide Public Guardianship Office of
  604  Public and Professional Guardians upon that office’s request.
  605  Any confidential or exempt information provided to the Statewide
  606  Public Guardianship Office of Public and Professional Guardians
  607  shall continue to be held confidential or exempt as otherwise
  608  provided by law.
  609         (2) All records held by the Statewide Public Guardianship
  610  Office of Public and Professional Guardians relating to the
  611  medical, financial, or mental health of vulnerable adults as
  612  defined in chapter 415, persons with a developmental disability
  613  as defined in chapter 393, or persons with a mental illness as
  614  defined in chapter 394, shall be confidential and exempt from s.
  615  119.07(1) and s. 24(a), Art. I of the State Constitution.
  616         Section 21. Section 744.7082, Florida Statutes, is
  617  renumbered as section 744.2105, Florida Statutes, and
  618  subsections (1) through (5) and (8) of that section are amended,
  619  to read:
  620         744.2105 744.7082 Direct-support organization; definition;
  621  use of property; board of directors; audit; dissolution.—
  622         (1) DEFINITION.—As used in this section, the term “direct
  623  support organization” means an organization whose sole purpose
  624  is to support the Statewide Public Guardianship Office of Public
  625  and Professional Guardians and is:
  626         (a) A not-for-profit corporation incorporated under chapter
  627  617 and approved by the Department of State;
  628         (b) Organized and operated to conduct programs and
  629  activities; to raise funds; to request and receive grants,
  630  gifts, and bequests of moneys; to acquire, receive, hold,
  631  invest, and administer, in its own name, securities, funds,
  632  objects of value, or other property, real or personal; and to
  633  make expenditures to or for the direct or indirect benefit of
  634  the Statewide Public Guardianship Office of Public and
  635  Professional Guardians; and
  636         (c) Determined by the Statewide Public Guardianship Office
  637  of Public and Professional Guardians to be consistent with the
  638  goals of the office, in the best interests of the state, and in
  639  accordance with the adopted goals and mission of the Department
  640  of Elderly Affairs and the Statewide Public Guardianship Office
  641  of Public and Professional Guardians.
  642         (2) CONTRACT.—The direct-support organization shall operate
  643  under a written contract with the Statewide Public Guardianship
  644  Office of Public and Professional Guardians. The written
  645  contract must provide for:
  646         (a) Certification by the Statewide Public Guardianship
  647  Office of Public and Professional Guardians that the direct
  648  support organization is complying with the terms of the contract
  649  and is doing so consistent with the goals and purposes of the
  650  office and in the best interests of the state. This
  651  certification must be made annually and reported in the official
  652  minutes of a meeting of the direct-support organization.
  653         (b) The reversion of moneys and property held in trust by
  654  the direct-support organization:
  655         1. To the Statewide Public Guardianship Office of Public
  656  and Professional Guardians if the direct-support organization is
  657  no longer approved to operate for the office;
  658         2. To the Statewide Public Guardianship Office of Public
  659  and Professional Guardians if the direct-support organization
  660  ceases to exist;
  661         3. To the Department of Elderly Affairs if the Statewide
  662  Public Guardianship Office of Public and Professional Guardians
  663  ceases to exist; or
  664         4. To the state if the Department of Elderly Affairs ceases
  665  to exist.
  666  
  667  The fiscal year of the direct-support organization shall begin
  668  on July 1 of each year and end on June 30 of the following year.
  669         (c) The disclosure of the material provisions of the
  670  contract, and the distinction between the Statewide Public
  671  Guardianship Office of Public and Professional Guardians and the
  672  direct-support organization, to donors of gifts, contributions,
  673  or bequests, including such disclosure on all promotional and
  674  fundraising publications.
  675         (3) BOARD OF DIRECTORS.—The Secretary of Elderly Affairs
  676  shall appoint a board of directors for the direct-support
  677  organization from a list of nominees submitted by the executive
  678  director of the Statewide Public Guardianship Office of Public
  679  and Professional Guardians.
  680         (4) USE OF PROPERTY.—The Department of Elderly Affairs may
  681  permit, without charge, appropriate use of fixed property and
  682  facilities of the department or the Statewide Public
  683  Guardianship Office of Public and Professional Guardians by the
  684  direct-support organization. The department may prescribe any
  685  condition with which the direct-support organization must comply
  686  in order to use fixed property or facilities of the department
  687  or the Statewide Public Guardianship Office of Public and
  688  Professional Guardians.
  689         (5) MONEYS.—Any moneys may be held in a separate depository
  690  account in the name of the direct-support organization and
  691  subject to the provisions of the written contract with the
  692  Statewide Public Guardianship Office of Public and Professional
  693  Guardians. Expenditures of the direct-support organization shall
  694  be expressly used to support the Statewide Public Guardianship
  695  Office of Public and Professional Guardians. The expenditures of
  696  the direct-support organization may not be used for the purpose
  697  of lobbying as defined in s. 11.045.
  698         (8) DISSOLUTION.—A After July 1, 2004, any not-for-profit
  699  corporation incorporated under chapter 617 that is determined by
  700  a circuit court to be representing itself as a direct-support
  701  organization created under this section, but that does not have
  702  a written contract with the Statewide Public Guardianship Office
  703  of Public and Professional Guardians in compliance with this
  704  section, is considered to meet the grounds for a judicial
  705  dissolution described in s. 617.1430(1)(a). The Statewide Public
  706  Guardianship Office of Public and Professional Guardians shall
  707  be the recipient for all assets held by the dissolved
  708  corporation which accrued during the period that the dissolved
  709  corporation represented itself as a direct-support organization
  710  created under this section.
  711         Section 22. Section 744.712, Florida Statutes, is
  712  renumbered as section 744.2106, Florida Statutes, and amended to
  713  read:
  714         744.2106 744.712 Joining Forces for Public Guardianship
  715  grant program; purpose.—The Legislature establishes the Joining
  716  Forces for Public Guardianship matching grant program for the
  717  purpose of assisting counties to establish and fund community
  718  supported public guardianship programs. The Joining Forces for
  719  Public Guardianship matching grant program shall be established
  720  and administered by the Statewide Public Guardianship Office of
  721  Public and Professional Guardians within the Department of
  722  Elderly Affairs. The purpose of the program is to provide
  723  startup funding to encourage communities to develop and
  724  administer locally funded and supported public guardianship
  725  programs to address the needs of indigent and incapacitated
  726  residents.
  727         (1) The Statewide Public Guardianship Office of Public and
  728  Professional Guardians may distribute the grant funds as
  729  follows:
  730         (a) As initial startup funding to encourage counties that
  731  have no office of public guardian to establish an office, or as
  732  initial startup funding to open an additional office of public
  733  guardian within a county whose public guardianship needs require
  734  more than one office of public guardian.
  735         (b) As support funding to operational offices of public
  736  guardian that demonstrate a necessity for funds to meet the
  737  public guardianship needs of a particular geographic area in the
  738  state which the office serves.
  739         (c) To assist counties that have an operating public
  740  guardianship program but that propose to expand the geographic
  741  area or population of persons they serve, or to develop and
  742  administer innovative programs to increase access to public
  743  guardianship in this state.
  744  
  745  Notwithstanding this subsection, the executive director of the
  746  office may award emergency grants if he or she determines that
  747  the award is in the best interests of public guardianship in
  748  this state. Before making an emergency grant, the executive
  749  director must obtain the written approval of the Secretary of
  750  Elderly Affairs. Subsections (2), (3), and (4) do not apply to
  751  the distribution of emergency grant funds.
  752         (2) One or more grants may be awarded within a county.
  753  However, a county may not receive an award that equals, or
  754  multiple awards that cumulatively equal, more than 20 percent of
  755  the total amount of grant funds appropriated during any fiscal
  756  year.
  757         (3) If an applicant is eligible and meets the requirements
  758  to receive grant funds more than once, the Statewide Public
  759  Guardianship Office of Public and Professional Guardians shall
  760  award funds to prior awardees in the following manner:
  761         (a) In the second year that grant funds are awarded, the
  762  cumulative sum of the award provided to one or more applicants
  763  within the same county may not exceed 75 percent of the total
  764  amount of grant funds awarded within that county in year one.
  765         (b) In the third year that grant funds are awarded, the
  766  cumulative sum of the award provided to one or more applicants
  767  within the same county may not exceed 60 percent of the total
  768  amount of grant funds awarded within that county in year one.
  769         (c) In the fourth year that grant funds are awarded, the
  770  cumulative sum of the award provided to one or more applicants
  771  within the same county may not exceed 45 percent of the total
  772  amount of grant funds awarded within that county in year one.
  773         (d) In the fifth year that grant funds are awarded, the
  774  cumulative sum of the award provided to one or more applicants
  775  within the same county may not exceed 30 percent of the total
  776  amount of grant funds awarded within that county in year one.
  777         (e) In the sixth year that grant funds are awarded, the
  778  cumulative sum of the award provided to one or more applicants
  779  within the same county may not exceed 15 percent of the total
  780  amount of grant funds awarded within that county in year one.
  781  
  782  The Statewide Public Guardianship Office of Public and
  783  Professional Guardians may not award grant funds to any
  784  applicant within a county that has received grant funds for more
  785  than 6 years.
  786         (4) Grant funds shall be used only to provide direct
  787  services to indigent wards, except that up to 10 percent of the
  788  grant funds may be retained by the awardee for administrative
  789  expenses.
  790         (5) Implementation of the program is subject to a specific
  791  appropriation by the Legislature in the General Appropriations
  792  Act.
  793         Section 23. Section 744.713, Florida Statutes, is
  794  renumbered as section 744.2107, Florida Statutes, and amended to
  795  read:
  796         744.2107 744.713 Program administration; duties of the
  797  Statewide Public Guardianship Office of Public and Professional
  798  Guardians.—The Statewide Public Guardianship Office of Public
  799  and Professional Guardians shall administer the grant program.
  800  The office shall:
  801         (1) Publicize the availability of grant funds to entities
  802  that may be eligible for the funds.
  803         (2) Establish an application process for submitting a grant
  804  proposal.
  805         (3) Request, receive, and review proposals from applicants
  806  seeking grant funds.
  807         (4) Determine the amount of grant funds each awardee may
  808  receive and award grant funds to applicants.
  809         (5) Develop a monitoring process to evaluate grant
  810  awardees, which may include an annual monitoring visit to each
  811  awardee’s local office.
  812         (6) Ensure that persons or organizations awarded grant
  813  funds meet and adhere to the requirements of this act.
  814         Section 24. Section 744.714, Florida Statutes, is
  815  renumbered as section 744.2108, Florida Statutes, and paragraph
  816  (b) of subsection (1) and paragraph (b) of subsection (2) of
  817  that section are amended, to read:
  818         744.2108 744.714 Eligibility.—
  819         (1) Any person or organization that has not been awarded a
  820  grant must meet all of the following conditions to be eligible
  821  to receive a grant:
  822         (b) The applicant must have already been appointed by, or
  823  is pending appointment by, the Statewide Public Guardianship
  824  Office of Public and Professional Guardians to become an office
  825  of public guardian in this state.
  826         (2) Any person or organization that has been awarded a
  827  grant must meet all of the following conditions to be eligible
  828  to receive another grant:
  829         (b) The applicant must have been appointed by, or is
  830  pending reappointment by, the Statewide Public Guardianship
  831  Office of Public and Professional Guardians to be an office of
  832  public guardian in this state.
  833         Section 25. Section 744.715, Florida Statutes, is
  834  renumbered as section 744.2109, Florida Statutes, and amended to
  835  read:
  836         744.2109 744.715 Grant application requirements; review
  837  criteria; awards process.—Grant applications must be submitted
  838  to the Statewide Public Guardianship Office of Public and
  839  Professional Guardians for review and approval.
  840         (1) A grant application must contain:
  841         (a) The specific amount of funds being requested.
  842         (b) The proposed annual budget for the office of public
  843  guardian for which the applicant is applying on behalf of,
  844  including all sources of funding, and a detailed report of
  845  proposed expenditures, including administrative costs.
  846         (c) The total number of wards the applicant intends to
  847  serve during the grant period.
  848         (d) Evidence that the applicant has:
  849         1. Attempted to procure funds and has exhausted all
  850  possible other sources of funding; or
  851         2. Procured funds from local sources, but the total amount
  852  of the funds collected or pledged is not sufficient to meet the
  853  need for public guardianship in the geographic area that the
  854  applicant intends to serve.
  855         (e) An agreement or confirmation from a local funding
  856  source, such as a county, municipality, or any other public or
  857  private organization, that the local funding source will
  858  contribute matching funds to the public guardianship program
  859  totaling not less than $1 for every $1 of grant funds awarded.
  860  For purposes of this section, an applicant may provide evidence
  861  of agreements or confirmations from multiple local funding
  862  sources showing that the local funding sources will pool their
  863  contributed matching funds to the public guardianship program
  864  for a combined total of not less than $1 for every $1 of grant
  865  funds awarded. In-kind contributions, such as materials,
  866  commodities, office space, or other types of facilities,
  867  personnel services, or other items as determined by rule shall
  868  be considered by the office and may be counted as part or all of
  869  the local matching funds.
  870         (f) A detailed plan describing how the office of public
  871  guardian for which the applicant is applying on behalf of will
  872  be funded in future years.
  873         (g) Any other information determined by rule as necessary
  874  to assist in evaluating grant applicants.
  875         (2) If the Statewide Public Guardianship Office of Public
  876  and Professional Guardians determines that an applicant meets
  877  the requirements for an award of grant funds, the office may
  878  award the applicant any amount of grant funds the executive
  879  director deems appropriate, if the amount awarded meets the
  880  requirements of this act. The office may adopt a rule allocating
  881  the maximum allowable amount of grant funds which may be
  882  expended on any ward.
  883         (3) A grant awardee must submit a new grant application for
  884  each year of additional funding.
  885         (4)(a) In the first year of the Joining Forces for Public
  886  Guardianship program’s existence, the Statewide Public
  887  Guardianship Office of Public and Professional Guardians shall
  888  give priority in awarding grant funds to those entities that:
  889         1. Are operating as appointed offices of public guardians
  890  in this state;
  891         2. Meet all of the requirements for being awarded a grant
  892  under this act; and
  893         3. Demonstrate a need for grant funds during the current
  894  fiscal year due to a loss of local funding formerly raised
  895  through court filing fees.
  896         (b) In each fiscal year after the first year that grant
  897  funds are distributed, the Statewide Public Guardianship Office
  898  of Public and Professional Guardians may give priority to
  899  awarding grant funds to those entities that:
  900         1. Meet all of the requirements of this section and ss.
  901  744.2106, 744.2107, and 744.2108 this act for being awarded
  902  grant funds; and
  903         2. Submit with their application an agreement or
  904  confirmation from a local funding source, such as a county,
  905  municipality, or any other public or private organization, that
  906  the local funding source will contribute matching funds totaling
  907  an amount equal to or exceeding $2 for every $1 of grant funds
  908  awarded by the office. An entity may submit with its application
  909  agreements or confirmations from multiple local funding sources
  910  showing that the local funding sources will pool their
  911  contributed matching funds to the public guardianship program
  912  for a combined total of not less than $2 for every $1 of grant
  913  funds awarded. In-kind contributions allowable under this
  914  section shall be evaluated by the Statewide Public Guardianship
  915  Office of Public and Professional Guardians and may be counted
  916  as part or all of the local matching funds.
  917         Section 26. Subsection (3), paragraph (c) of subsection
  918  (4), and subsections (5) and (6) of section 744.3135, Florida
  919  Statutes, are amended to read:
  920         744.3135 Credit and criminal investigation.—
  921         (3) For professional guardians, the court and the Statewide
  922  Public Guardianship Office of Public and Professional Guardians
  923  shall accept the satisfactory completion of a criminal history
  924  record check by any method described in this subsection. A
  925  professional guardian satisfies the requirements of this section
  926  by undergoing an electronic fingerprint criminal history record
  927  check. A professional guardian may use any electronic
  928  fingerprinting equipment used for criminal history record
  929  checks. By October 1, 2016, the Statewide Public Guardianship
  930  Office of Public and Professional Guardians shall adopt a rule
  931  detailing the acceptable methods for completing an electronic
  932  fingerprint criminal history record check under this section.
  933  The professional guardian shall pay the actual costs incurred by
  934  the Federal Bureau of Investigation and the Department of Law
  935  Enforcement for the criminal history record check. The entity
  936  completing the record check must immediately send the results of
  937  the criminal history record check to the clerk of the court and
  938  the Statewide Public Guardianship Office of Public and
  939  Professional Guardians. The clerk of the court shall maintain
  940  the results in the professional guardian’s file and shall make
  941  the results available to the court.
  942         (4)
  943         (c) The Department of Law Enforcement shall search all
  944  arrest fingerprints received under s. 943.051 against the
  945  fingerprints retained in the statewide automated biometric
  946  identification system under paragraph (b). Any arrest record
  947  that is identified with the fingerprints of a person described
  948  in this paragraph must be reported to the clerk of court. The
  949  clerk of court must forward any arrest record received for a
  950  professional guardian to the Statewide Public Guardianship
  951  Office of Public and Professional Guardians within 5 days. Each
  952  professional guardian who elects to submit fingerprint
  953  information electronically shall participate in this search
  954  process by paying an annual fee to the Statewide Public
  955  Guardianship Office of Public and Professional Guardians of the
  956  Department of Elderly Affairs and by informing the clerk of
  957  court and the Statewide Public Guardianship Office of Public and
  958  Professional Guardians of any change in the status of his or her
  959  guardianship appointment. The amount of the annual fee to be
  960  imposed for performing these searches and the procedures for the
  961  retention of professional guardian fingerprints and the
  962  dissemination of search results shall be established by rule of
  963  the Department of Law Enforcement. At least once every 5 years,
  964  the Statewide Public Guardianship Office of Public and
  965  Professional Guardians must request that the Department of Law
  966  Enforcement forward the fingerprints maintained under this
  967  section to the Federal Bureau of Investigation.
  968         (5)(a) A professional guardian, and each employee of a
  969  professional guardian who has a fiduciary responsibility to a
  970  ward, must complete, at his or her own expense, an investigation
  971  of his or her credit history before and at least once every 2
  972  years after the date of the guardian’s registration with the
  973  Statewide Public Guardianship Office of Public and Professional
  974  Guardians.
  975         (b) By October 1, 2016, the Statewide Public Guardianship
  976  Office of Public and Professional Guardians shall adopt a rule
  977  detailing the acceptable methods for completing a credit
  978  investigation under this section. If appropriate, the Statewide
  979  Public Guardianship Office of Public and Professional Guardians
  980  may administer credit investigations. If the office chooses to
  981  administer the credit investigation, the office may adopt a rule
  982  setting a fee, not to exceed $25, to reimburse the costs
  983  associated with the administration of a credit investigation.
  984         (6) The Statewide Public Guardianship Office of Public and
  985  Professional Guardians may inspect at any time the results of
  986  any credit or criminal history record check of a public or
  987  professional guardian conducted under this section. The office
  988  shall maintain copies of the credit or criminal history record
  989  check results in the guardian’s registration file. If the
  990  results of a credit or criminal investigation of a public or
  991  professional guardian have not been forwarded to the Statewide
  992  Public Guardianship Office of Public and Professional Guardians
  993  by the investigating agency, the clerk of the court shall
  994  forward copies of the results of the investigations to the
  995  office upon receiving them.
  996         Section 27. Section 744.701, Florida Statutes, is repealed.
  997         Section 28. Section 744.702, Florida Statutes, is repealed.
  998         Section 29. Section 744.7101, Florida Statutes, is
  999  repealed.
 1000         Section 30. Section 744.711, Florida Statutes, is repealed.
 1001         Section 31. Subsection (5) of section 400.148, Florida
 1002  Statutes, is amended to read:
 1003         400.148 Medicaid “Up-or-Out” Quality of Care Contract
 1004  Management Program.—
 1005         (5) The agency shall, jointly with the Statewide Public
 1006  Guardianship Office of Public and Professional Guardians,
 1007  develop a system in the pilot project areas to identify Medicaid
 1008  recipients who are residents of a participating nursing home or
 1009  assisted living facility who have diminished ability to make
 1010  their own decisions and who do not have relatives or family
 1011  available to act as guardians in nursing homes listed on the
 1012  Nursing Home Guide Watch List. The agency and the Statewide
 1013  Public Guardianship Office of Public and Professional Guardians
 1014  shall give such residents priority for publicly funded
 1015  guardianship services.
 1016         Section 32. Paragraph (d) of subsection (3) of section
 1017  744.331, Florida Statutes, is amended to read:
 1018         744.331 Procedures to determine incapacity.—
 1019         (3) EXAMINING COMMITTEE.—
 1020         (d) A member of an examining committee must complete a
 1021  minimum of 4 hours of initial training. The person must complete
 1022  2 hours of continuing education during each 2-year period after
 1023  the initial training. The initial training and continuing
 1024  education program must be developed under the supervision of the
 1025  Statewide Public Guardianship Office of Public and Professional
 1026  Guardians, in consultation with the Florida Conference of
 1027  Circuit Court Judges; the Elder Law and the Real Property,
 1028  Probate and Trust Law sections of The Florida Bar; and the
 1029  Florida State Guardianship Association; and the Florida
 1030  Guardianship Foundation. The court may waive the initial
 1031  training requirement for a person who has served for not less
 1032  than 5 years on examining committees. If a person wishes to
 1033  obtain his or her continuing education on the Internet or by
 1034  watching a video course, the person must first obtain the
 1035  approval of the chief judge before taking an Internet or video
 1036  course.
 1037         Section 33. Paragraph (a) of subsection (1) of section
 1038  20.415, Florida Statutes, is amended to read:
 1039         20.415 Department of Elderly Affairs; trust funds.—The
 1040  following trust funds shall be administered by the Department of
 1041  Elderly Affairs:
 1042         (1) Administrative Trust Fund.
 1043         (a) Funds to be credited to and uses of the trust fund
 1044  shall be administered in accordance with ss. 215.32, 744.534,
 1045  and 744.2001 744.7021.
 1046         Section 34. Paragraph (e) of subsection (2) of section
 1047  415.1102, Florida Statutes, is amended to read:
 1048         415.1102 Adult protection teams.—
 1049         (2) Such teams may be composed of, but need not be limited
 1050  to:
 1051         (e) Public and professional guardians as described in part
 1052  II IX of chapter 744.
 1053         Section 35. Paragraph (a) of subsection (7) of section
 1054  744.309, Florida Statutes, is amended to read:
 1055         744.309 Who may be appointed guardian of a resident ward.—
 1056         (7) FOR-PROFIT CORPORATE GUARDIAN.—A for-profit corporate
 1057  guardian existing under the laws of this state is qualified to
 1058  act as guardian of a ward if the entity is qualified to do
 1059  business in the state, is wholly owned by the person who is the
 1060  circuit’s public guardian in the circuit where the corporate
 1061  guardian is appointed, has met the registration requirements of
 1062  s. 744.1083, and posts and maintains a bond or insurance policy
 1063  under paragraph (a).
 1064         (a) The for-profit corporate guardian must meet one of the
 1065  following requirements:
 1066         1. Post and maintain a blanket fiduciary bond of at least
 1067  $250,000 with the clerk of the circuit court in the county in
 1068  which the corporate guardian has its principal place of
 1069  business. The corporate guardian shall provide proof of the
 1070  fiduciary bond to the clerks of each additional circuit court in
 1071  which he or she is serving as a guardian. The bond must cover
 1072  all wards for whom the corporation has been appointed as a
 1073  guardian at any given time. The liability of the provider of the
 1074  bond is limited to the face value of the bond, regardless of the
 1075  number of wards for whom the corporation is acting as a
 1076  guardian. The terms of the bond must cover the acts or omissions
 1077  of each agent or employee of the corporation who has direct
 1078  contact with the ward or access to the assets of the
 1079  guardianship. The bond must be payable to the Governor and his
 1080  or her successors in office and be conditioned on the faithful
 1081  performance of all duties of a guardian under this chapter. The
 1082  bond is in lieu of and not in addition to the bond required
 1083  under s. 744.2003 s. 744.1085 but is in addition to any bonds
 1084  required under s. 744.351. The expenses incurred to satisfy the
 1085  bonding requirements of this section may not be paid with the
 1086  assets of any ward; or
 1087         2. Maintain a liability insurance policy that covers any
 1088  losses sustained by the guardianship caused by errors,
 1089  omissions, or any intentional misconduct committed by the
 1090  corporation’s officers or agents. The policy must cover all
 1091  wards for whom the corporation is acting as a guardian for
 1092  losses up to $250,000. The terms of the policy must cover acts
 1093  or omissions of each agent or employee of the corporation who
 1094  has direct contact with the ward or access to the assets of the
 1095  guardianship. The corporate guardian shall provide proof of the
 1096  policy to the clerk of each circuit court in which he or she is
 1097  serving as a guardian.
 1098         Section 36. Section 744.524, Florida Statutes, is amended
 1099  to read:
 1100         744.524 Termination of guardianship on change of domicile
 1101  of resident ward.—When the domicile of a resident ward has
 1102  changed as provided in s. 744.1098 s. 744.2025, and the foreign
 1103  court having jurisdiction over the ward at the ward’s new
 1104  domicile has appointed a guardian and that guardian has
 1105  qualified and posted a bond in an amount required by the foreign
 1106  court, the guardian in this state may file her or his final
 1107  report and close the guardianship in this state. The guardian of
 1108  the property in this state shall cause a notice to be published
 1109  once a week for 2 consecutive weeks, in a newspaper of general
 1110  circulation published in the county, that she or he has filed
 1111  her or his accounting and will apply for discharge on a day
 1112  certain and that jurisdiction of the ward will be transferred to
 1113  the state of foreign jurisdiction. If an objection is filed to
 1114  the termination of the guardianship in this state, the court
 1115  shall hear the objection and enter an order either sustaining or
 1116  overruling the objection. Upon the disposition of all objections
 1117  filed, or if no objection is filed, final settlement shall be
 1118  made by the Florida guardian. On proof that the remaining
 1119  property in the guardianship has been received by the foreign
 1120  guardian, the guardian of the property in this state shall be
 1121  discharged. The entry of the order terminating the guardianship
 1122  in this state shall not exonerate the guardian or the guardian’s
 1123  surety from any liability previously incurred.
 1124         Section 37. This act shall take effect upon becoming a law.
 1125