Senate Bill 1050

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    Florida Senate - 2000                                  SB 1050

    By Senator Forman





    32-811-00

  1                      A bill to be entitled

  2         An act relating to guardianship; creating s.

  3         744.3146, F.S.; requiring professional

  4         guardians to register with the Statewide Public

  5         Guardianship Office; providing for

  6         investigation and background screening;

  7         providing procedures; providing a registration

  8         fee; prescribing information to be included in

  9         the registration; providing for issuance of

10         certificates of registration; providing for the

11         denial, suspension, or revocation of

12         certificates of registration; requiring the

13         certificate of registration number to be

14         included in any advertisement of guardianship

15         services; providing that it is unlawful to hold

16         an appointment as a professional guardian

17         without first obtaining a certificate of

18         registration; providing a penalty; authorizing

19         employees of the office to make inspections and

20         investigations; providing rulemaking authority;

21         providing an effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

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25         Section 1.  Section 744.3146, Florida Statutes, is

26  created to read:

27         744.3146  Professional guardian registration.--

28         (1)  A professional guardian as defined in s.

29  744.102(15) shall register with the Statewide Public

30  Guardianship Office.

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    Florida Senate - 2000                                  SB 1050
    32-811-00




  1         (2)  Each registrant shall submit to and pay for any

  2  investigation, history, and background screening required by

  3  any rules adopted by the Statewide Public Guardianship Office.

  4         (3)  Registration must be made and renewed under oath

  5  on forms furnished by the Statewide Public Guardianship Office

  6  and must be accompanied by the appropriate registration fee as

  7  set by the Statewide Public Guardianship Office. The fee must

  8  be sufficient to pay for the administrative costs of

  9  registering the professional guardian and furthering the

10  purposes of this section. The Statewide Public Guardianship

11  Office shall provide copies of the registration to the court,

12  without charge, upon request. The Statewide Public

13  Guardianship Office may also charge reasonable fees,

14  reflecting actual costs, to other persons requesting copies of

15  the certificate of registration.

16         (4)  Registration must include the following:

17         (a)  The name, address, date of birth, and employer

18  identification number of the professional guardian.

19         (b)  If the registrant is a firm or partnership, the

20  name, address, and date of birth of every member, and the

21  employer identification number of the firm or partnership.

22         (c)  If the registrant is a corporation or association,

23  its name, address, and employer identification number; the

24  name, address, and date of birth of each of its directors and

25  officers; and the name, address, and date of birth of each

26  person having at least a 10 percent interest in the

27  corporation or association.

28         (d)  The name, address, date of birth, and employer

29  identification number, if applicable, of each person employed

30  or under contract with the professional guardian who is

31  involved in guardianship functions.

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    Florida Senate - 2000                                  SB 1050
    32-811-00




  1         (5)  Upon verification that all requirements for

  2  registration have been met, the Statewide Public Guardianship

  3  Office must issue a certificate of registration valid for a

  4  term to be set by the office.

  5         (6)  The Statewide Public Guardianship Office shall

  6  deny, suspend, or revoke the certificate of registration of a

  7  person who:

  8         (a)  Fails to comply with this section.

  9         (b)  Is removed or disqualified from service as a

10  guardian for reasons set forth in s. 744.474(1)-(16) and s.

11  744.474(18).

12         (7)  A professional guardian who offers or advertises

13  services to the public must include in its advertisement the

14  certificate of registration number issued by the Statewide

15  Public Guardianship Office.

16         (8)  It is unlawful to advertise services or to hold an

17  appointment as a professional guardian without first obtaining

18  a certificate of registration from the Statewide Public

19  Guardianship Office. Any person who violates this subsection

20  is subject to suspension of registration and removal as

21  guardian in all cases in which the person serves.

22         (9)  An authorized employee of the Statewide Public

23  Guardianship Office may make inspections and investigations

24  necessary to respond to complaints or to determine compliance

25  with this section. The Statewide Public Guardianship Office

26  employee may contact the abuse registry, law enforcement

27  agencies, and the courts with regard to Statewide Public

28  Guardianship Office inspections or investigative findings.

29         (10)  The Statewide Public Guardianship Office has

30  authority to adopt rules to carry out the provisions of this

31  section.

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    Florida Senate - 2000                                  SB 1050
    32-811-00




  1         Section 2.  This act shall take effect July 1, 2000.

  2

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  4                          SENATE SUMMARY

  5    Requires professional guardians to register with the
      Statewide Public Guardianship Office. Provides for
  6    investigation and background screening. Provides
      procedures. Provides a registration fee. Prescribes
  7    information to be included in the registration. Provides
      for issuance of a certificate of registration. Provides
  8    for the denial, suspension, or revocation of a
      certificate of registration. Requires that the
  9    certificate of registration number be included in any
      advertisement of guardianship services. Provides that it
10    is unlawful to hold an appointment as a professional
      guardian without first obtaining a certificate of
11    registration. Provides a penalty. Authorizes employees of
      the office to make inspections and investigations.
12    Provides the office with rulemaking authority.

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