Senate Bill sb1782c1

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    Florida Senate - 2003                           CS for SB 1782

    By the Committee on Judiciary; and Senator Saunders





    308-2386-03

  1                      A bill to be entitled

  2         An act relating to guardianship; amending s.

  3         744.102, F.S.; redefining the term

  4         "professional guardian"; amending s. 744.1083,

  5         F.S.; revising procedures for registration of

  6         professional and public guardians; providing

  7         for the Department of Elderly Affairs to

  8         contract with a not-for-profit entity;

  9         providing for prerequisites; providing for a

10         form; providing fees; requiring information to

11         be provided to the courts; amending s.

12         744.1085, F.S.; revising provisions relating to

13         the regulation of professional and public

14         guardians; providing for credit checks and

15         background screenings; providing for an

16         examination; providing for waiver of

17         examination; prohibiting the appointment, after

18         a specified date, of professional and public

19         guardians who have not met these requirements;

20         amending s. 744.3135, F.S., relating to credit

21         and criminal investigations; deleting

22         applicability to certain employees; allowing a

23         court to require nonprofessional guardians to

24         undergo credit checks and background screening;

25         amending s. 744.444, F.S.; allowing plenary or

26         limited guardians to employ case managers;

27         allowing plenary or limited guardians to

28         provide certain confidential information to

29         ombudsman council members; requiring that

30         confidentiality be maintained; amending s.

31         744.534, F.S.; providing for the Secretary of

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 1         Elderly Affairs to determine the use of certain

 2         unclaimed funds held by a guardian; amending s.

 3         744.7021, F.S.; revising the organization of

 4         the Statewide Public Guardianship Office within

 5         the Department of Elderly Affairs; providing

 6         that the Secretary of Elderly Affairs shall

 7         appoint or contract with the head of the office

 8         to be executive director; providing for

 9         rulemaking by the department; amending s.

10         744.704, F.S.; revising the powers and duties

11         of public guardians; prescribing who may be

12         served by public guardians; deleting provisions

13         relating to appointment of a successor

14         guardian; amending s. 744.705, F.S.; repealing

15         a provision for paying the costs of a public

16         guardian from the budget of the office of

17         public guardian; creating the Guardianship Task

18         Force within the department; providing purpose;

19         providing for staff, a chairperson, and

20         membership of the task force; providing for

21         organizations that appoint members to pay their

22         expenses; providing duties of the task force;

23         requiring a preliminary and a final report to

24         the Governor and the Legislature; allowing the

25         appointment of auxiliary members; providing a

26         term of service; providing an effective date.

27  

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

29  

30         Section 1.  Subsection (15) of section 744.102, Florida

31  Statutes, is amended to read:

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 1         744.102  Definitions.--As used in this chapter, the

 2  term:

 3         (15)  "Professional guardian" means any guardian who

 4  receives or has at any time received compensation for services

 5  rendered to more than two wards as their guardian. A

 6  professional guardian may serve as a public guardian pursuant

 7  to part IX of this chapter. A person serving as a guardian for

 8  two or more relatives as defined in s. 744.309(2) is not

 9  considered a professional guardian.

10         Section 2.  Section 744.1083, Florida Statutes, is

11  amended to read:

12         744.1083  Professional guardian Registration of

13  professional and public guardians.--

14         (1)  Effective January 1, 2004 2003, a professional

15  guardian and a public guardian must register biennially with

16  the Statewide Public Guardianship Office as established in

17  part IX of this chapter. The Statewide Public Guardianship

18  Office may contract with the clerk of the court in each county

19  to perform the administrative functions associated with

20  registering professional guardians.

21         (2)  The Department of Elderly Affairs shall contract

22  with a not-for-profit entity to perform other functions

23  associated with the registration, examination, and training of

24  professional guardians.

25         (3)  Guardian registration must include information

26  sufficient to:

27         (a)  Identify accurately the guardian;

28         (b)  Distinguish a guardian providing guardianship

29  services as a public guardian or a professional guardian

30  either, individually or through a partnership, a corporation,

31  or any other business organization; and

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 1         (c)  Demonstrate compliance with the bonding,

 2  educational, testing, credit history, and background screening

 3  requirements of ss. 744.1085 and 744.3135.

 4  

 5  Compliance with this subsection constitutes compliance with

 6  the attestation requirements of s. 435.04(5).

 7         (4)  The department may authorize the collection of a

 8  registration fee to cover the actual cost of guardian

 9  registration. Such fee shall be determined by rule but may not

10  exceed $100.

11         (5)  Any not-for-profit entity with whom the department

12  has contracted under subsection (2) shall, in accordance with

13  procedures prescribed by the department, provide to the clerk

14  of court and the chief judge of each judicial circuit

15  information relating to guardian registration.

16         (2)  Annual registration shall be made on forms

17  furnished by the Statewide Public Guardianship Office and

18  accompanied by the applicable registration fee as determined

19  by rule. Such fee shall not exceed $25.

20         (3)  Registration must include the following:

21         (a)  If the professional guardian is a natural person,

22  the name, address, date of birth, and employer identification

23  or social security number of the professional guardian.

24         (b)  If the professional guardian is a partnership or

25  association, the name, address, and date of birth of every

26  member, and the employer identification number of the

27  partnership or association.

28         (c)  If the professional guardian is a corporation, the

29  name, address, and employer identification number of the

30  corporation; the name, address, and date of birth of each of

31  its directors and officers; the name of its resident agent;

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 1  and the name, address, and date of birth of each person having

 2  at least a 10-percent interest in the corporation.

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

 4  identification number, if applicable, of each person providing

 5  guardian-delegated financial or personal guardianship services

 6  for wards.

 7         (e)  Documentation that the bonding and educational

 8  requirements of s. 744.1085 have been met, and that background

 9  screening has been conducted pursuant to s. 744.3135.

10         (6)(4)  The Statewide Public Guardianship Office shall

11  may adopt rules, forms, and procedures necessary to administer

12  this section.

13         (7)(5)  A trust company, a state banking corporation or

14  state savings association authorized and qualified to exercise

15  fiduciary powers in this state, or a national banking

16  association or federal savings and loan association authorized

17  and qualified to exercise fiduciary powers in this state, may,

18  but shall not be required to, register as a professional

19  guardian under this section. If a trust company, state banking

20  corporation, state savings association, national banking

21  association, or federal savings and loan association described

22  in this subsection elects to register as a professional

23  guardian under this subsection, the requirements of subsection

24  (3) shall not apply and the registration shall include only

25  the name, address, and employer identification number of the

26  registrant, the name and address of its registered agent, if

27  any, and the documentation described in paragraph (3)(e).

28         Section 3.  Section 744.1085, Florida Statutes, is

29  amended to read:

30  

31  

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 1         744.1085  Regulation of professional and public

 2  guardians; application; bond required; educational

 3  requirements.--

 4         (1)  The provisions of this section are in addition to

 5  and supplemental to any other provision of the Florida

 6  Guardianship Law, except s. 744.3145.

 7         (2)  Each professional guardian who files a petition

 8  for appointment after October 1, 1997, shall post a blanket

 9  fiduciary bond with the clerk of the circuit court in the

10  county in which the guardian's primary place of business is

11  located.  The guardian shall provide proof of the fiduciary

12  bond to the clerks of each additional circuit court in which

13  he or she is serving as a professional guardian. The bond

14  shall be maintained by the guardian in an amount not less than

15  $50,000.  The bond must cover all wards for whom the guardian

16  has been appointed at any given time.  The liability of the

17  provider of the bond is limited to the face amount of the

18  bond, regardless of the number of wards for whom the

19  professional guardian has been appointed. The act or omissions

20  of each employee of a professional guardian who has direct

21  contact with the ward or access to the ward's assets is

22  covered by the terms of such bond.  The bond must be payable

23  to the Governor of the State of Florida and his or her

24  successors in office and conditioned on the faithful

25  performance of all duties by the guardian.  In form, the bond

26  must be joint and several.  The bond is in addition to any

27  bonds required under s. 744.351. This subsection does not

28  apply to any attorney who is licensed to practice law in this

29  state and who is in good standing, to any financial

30  institution as defined in s. 744.309(4), or a public guardian.

31  The expenses incurred to satisfy the bonding requirements

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 1  prescribed in this section may not be paid with the assets of

 2  any ward.

 3         (3)  Each professional guardian defined in s.

 4  744.102(15), on October 1, 1997, must receive a minimum of 40

 5  hours of instruction and training by October 1, 1998, or

 6  within 1 year after becoming a professional guardian,

 7  whichever occurs later.  Each professional guardian must

 8  receive a minimum of 16 hours of continuing education every 2

 9  calendar years after the year in which the initial 40-hour

10  educational requirement is met.  The instruction and education

11  must be completed through a course approved or offered by the

12  Statewide Public Guardianship Office. The expenses incurred to

13  satisfy the educational requirements prescribed in this

14  section may not be paid with the assets of any ward. This

15  subsection does not apply to any attorney who is licensed to

16  practice law in this state.

17         (4)  Each professional guardian or public guardian must

18  allow, at the guardian's expense, an investigation of the

19  guardian's credit history, conducted in a manner prescribed by

20  the Department of Elderly Affairs.

21         (5)  As required in s. 744.3135, each professional or

22  public guardian must allow a level 2 background screening of

23  the guardian in accordance with s. 435.04.

24         (6)  After July 1, 2005, each professional or public

25  guardian shall demonstrate her or his competency to act as a

26  professional guardian or public guardian by taking an

27  examination developed or approved by the entity provided in s.

28  744.1083(2) and adopted by the Department of Elderly Affairs.

29  The department, in consultation with such entity, shall

30  determine the minimum examination score necessary to pass the

31  guardianship examination. The department shall determine the

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 1  procedure for administering the examination and shall charge

 2  an examination fee in the amount of the actual cost of

 3  developing and administering the examination, not to exceed

 4  $500. The department, in consultation with the entity provided

 5  in s. 744.1083(2), may recognize the passing of a national

 6  guardianship examination in lieu of passing all or part of the

 7  state examination, except that each professional or public

 8  guardian must take and pass an approved examination section

 9  relating to Florida laws and procedures.

10         (7)  The Department of Elderly Affairs, in consultation

11  with the entity provided in s. 744.1083(2), shall set the

12  minimum score necessary to demonstrate competency to become a

13  professional or public guardian.

14         (8)  The department shall waive the examination

15  requirement set under subsection (6) if a professional or

16  public guardian provides:

17         (a)  Proof that the guardian has actively acted as a

18  professional or public guardian for 5 years or more; and

19         (b)  A letter from the chief judge of a judicial

20  circuit before whom the professional or public guardian

21  practiced at least 1 year which states that the professional

22  guardian has demonstrated to the court her or his competency

23  as a professional or public guardian.

24         (9)  Beginning July 1, 2004, the court may not appoint

25  as a professional or public guardian any person who has not

26  met the requirements of this section and s. 744.1083.

27         (10)  This section does not apply to a professional

28  guardian or the employees of a professional guardian, that is

29  a trust company, a state banking corporation, state savings

30  association authorized and qualified to exercise fiduciary

31  powers in this state, or a national banking association or

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 1  federal savings and loan association authorized and qualified

 2  to exercise fiduciary powers in this state.

 3         Section 4.  Section 744.3135, Florida Statutes, is

 4  amended to read:

 5         744.3135  Credit and criminal investigation.--The court

 6  may require a nonprofessional guardian and shall require a

 7  professional or public guardian, and all employees of a

 8  professional guardian who have a fiduciary responsibility to a

 9  ward, to submit, at their own expense, to an investigation of

10  the guardian's credit history and to undergo level 2

11  background screening as required under s. 435.04. The clerk of

12  the court shall obtain fingerprint cards from the Federal

13  Bureau of Investigation and make them available to guardians.

14  Any guardian who is so required shall have his or her

15  fingerprints taken and forward the proper fingerprint card

16  along with the necessary fee to the Florida Department of Law

17  Enforcement for processing. The professional guardian shall

18  pay to the clerk of the court a fee of $5 for handling and

19  processing professional guardian files. The results of the

20  fingerprint checks shall be forwarded to the clerk of court

21  who shall maintain the results in a guardian file and shall

22  make the results available to the court. If credit or criminal

23  investigations are required, the court must consider the

24  results of the investigations in appointing a guardian.

25  Professional and public guardians and all employees of a

26  professional guardian who have a fiduciary responsibility to a

27  ward, so appointed, must resubmit, at their own expense, to an

28  investigation of credit history, and undergo level 1

29  background screening as required under s. 435.03, at least

30  every 2 years after the date of their appointment. At any

31  time, the court may require a nonprofessional guardian to

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 1  submit to an investigation of his or her credit history and

 2  undergo level 1 background screening as required under s.

 3  435.03. The court must consider the results of these

 4  investigations in reappointing a guardian. This section shall

 5  not apply to a professional guardian, or to the employees of a

 6  professional guardian, that is a trust company, a state

 7  banking corporation or state savings association authorized

 8  and qualified to exercise fiduciary powers in this state, or a

 9  national banking association or federal savings and loan

10  association authorized and qualified to exercise fiduciary

11  powers in this state.

12         Section 5.  Subsection (13) of section 744.444, Florida

13  Statutes, is amended, and subsection (16) is added to that

14  section, to read:

15         744.444  Power of guardian without court

16  approval.--Without obtaining court approval, a plenary

17  guardian of the property, or a limited guardian of the

18  property within the powers granted by the order appointing the

19  guardian or an approved annual or amended guardianship report,

20  may:

21         (13)  When reasonably necessary, employ persons,

22  including attorneys, auditors, investment advisers, case

23  managers, or agents, even if they are associated with the

24  guardian, to advise or assist the guardian in the performance

25  of his or her duties.

26         (16)  Provide confidential information of a ward which

27  is related to an investigation arising under part I of chapter

28  400 to a local or state ombudsman council member who is

29  conducting the investigation. Such information must be

30  provided within 7 days after the initial written request. Any

31  

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 1  such ombudsman must maintain the confidentiality of such

 2  information.

 3         Section 6.  Paragraph (c) of subsection (2) of section

 4  744.534, Florida Statutes, is amended to read:

 5         744.534  Disposition of unclaimed funds held by

 6  guardian.--

 7         (2)

 8         (c)  Within 5 years from the date of deposit with the

 9  State Treasurer, on written petition to the court that

10  directed the deposit of the funds and informal notice to the

11  Department of Legal Affairs, and after proof of his or her

12  right to them, any person entitled to the funds, before or

13  after payment to the State Treasurer and deposit as provided

14  for in paragraph (a), may obtain a court order directing the

15  payment of the funds to him or her. All funds deposited with

16  the State Treasurer and not claimed within 5 years from the

17  date of deposit shall escheat to the state to be deposited in

18  the Department of Elderly Affairs Administrative Trust Fund to

19  be used solely for the benefit of public guardianship as

20  determined by the Secretary of Elderly Affairs Statewide

21  Public Guardianship Office established in part IX of this

22  chapter.

23         Section 7.  Section 744.7021, Florida Statutes, is

24  amended to read:

25         744.7021  Statewide Public Guardianship Office.--There

26  is hereby created the Statewide Public Guardianship Office

27  within the Department of Elderly Affairs. The Department of

28  Elderly Affairs shall provide administrative support and

29  service to the office to the extent requested by the executive

30  director within the available resources of the department. The

31  Statewide Public Guardianship Office may request the

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 1  assistance of the Inspector General of the Department of

 2  Elderly Affairs in providing auditing services, and the Office

 3  of General Counsel of the department may provide assistance in

 4  rulemaking and other matters as needed to assist the Statewide

 5  Public Guardianship Office. The Statewide Public Guardianship

 6  Office shall not be subject to control, supervision, or

 7  direction by the Department of Elderly Affairs in the

 8  performance of its duties.

 9         (1)  The Secretary of Elderly Affairs shall appoint or

10  contract with the executive director of the office, who shall

11  be the head of the Statewide Public Guardianship Office is the

12  executive director, who shall be appointed by the Governor.

13  The executive director must be a member of The Florida Bar in

14  good standing licensed attorney with a background in

15  guardianship law and knowledge of social services available to

16  meet the needs of incapacitated persons, shall serve on a

17  full-time basis, and shall personally, or through

18  representatives of the office, carry out the purposes and

19  functions of the Statewide Public Guardianship Office in

20  accordance with state and federal law. The executive director

21  shall serve at the pleasure of and report to the secretary

22  Governor.

23         (2)  The executive director Statewide Public

24  Guardianship Office shall, directly or through contract with

25  the Department of Elderly Affairs, and within available

26  resources, have oversight responsibilities for all public

27  guardians.

28         (a)  The executive director office shall review the

29  current public guardian programs in Florida and other states.

30  

31  

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 1         (b)  The executive director office, in consultation

 2  with local guardianship offices, shall develop statewide

 3  performance measures and standards.

 4         (c)  The executive director office shall review the

 5  various methods of funding guardianship programs, the kinds of

 6  services being provided by such programs, and the demographics

 7  of the wards. In addition, the executive director office shall

 8  review and make recommendations regarding the feasibility of

 9  recovering a portion or all of the costs of providing public

10  guardianship services from the assets or income of the wards.

11         (d)  No later than October 1, 2000, the office shall

12  submit to the Governor, the President of the Senate, the

13  Speaker of the House of Representatives, and the Chief Justice

14  of the Supreme Court an interim report describing the progress

15  of the office in meeting the goals as described in this

16  section. No later than October 1, 2001, the office shall

17  submit to the Governor, the President of the Senate, the

18  Speaker of the House of Representatives, and the Chief Justice

19  of the Supreme Court a proposed public guardianship plan

20  including alternatives for meeting the state's guardianship

21  needs. This plan may include recommendations for less than the

22  entire state, may include a phase-in system, and shall include

23  estimates of the cost of each of the alternatives. Each year

24  thereafter, the executive director office shall provide a

25  status report and provide to the secretary further

26  recommendations that to address the need for public

27  guardianship services and related issues.

28         (e)  The executive director office may provide

29  assistance to local governments or entities in pursuing grant

30  opportunities. The executive director office shall review and

31  make recommendations in the annual report on the availability

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 1  and efficacy of seeking Medicaid matching funds. The executive

 2  director office shall diligently seek ways to use existing

 3  programs and services to meet the needs of public wards.

 4         (f)  The executive director, in consultation with the

 5  entity provided in s. 744.1083 office shall develop a

 6  guardianship training program curriculum that. The training

 7  program may be offered to all guardians whether public or

 8  private. The office shall establish a curriculum committee to

 9  develop the training program specified in this part. The

10  curriculum committee shall include, but not be limited to,

11  probate judges. A fee may be charged to private guardians in

12  order to defray the cost of providing the training. In

13  addition, a fee may be charged to any training provider for up

14  to the actual cost of the review and approval of their

15  curriculum. Any fees collected pursuant to this paragraph

16  shall be deposited in the Department of Elderly Affairs

17  Administrative Trust Fund to be used for the guardianship

18  training program.

19         (3)  The executive director office may conduct or

20  contract for demonstration projects authorized by the

21  Department of Elderly Affairs, within funds appropriated or

22  through gifts, grants, or contributions for such purposes, to

23  determine the feasibility or desirability of new concepts of

24  organization, administration, financing, or service delivery

25  designed to preserve the civil and constitutional rights of

26  persons of marginal or diminished capacity. Any gifts, grants,

27  or contributions for such purposes shall be deposited in the

28  Department of Elderly Affairs Administrative Trust Fund.

29         (4)  The Department of Elderly Affairs office has

30  authority to adopt rules pursuant to ss. 120.536(1) and 120.54

31  to carry out the provisions of this section.

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 1         Section 8.  Section 744.704, Florida Statutes, is

 2  amended to read:

 3         744.704  Powers and duties.--

 4         (1)  A public guardian may serve as a guardian of a

 5  person adjudicated incapacitated under this chapter. : 

 6         (a)  If there is no family member or friend, other

 7  person, bank, or corporation willing and qualified to serve as

 8  guardian; and 

 9         (b)  If the assets of the ward do not exceed the asset

10  level for Medicaid eligibility, exclusive of homestead and

11  exempt property as defined in s. 4, Art. X of the State

12  Constitution, and the ward's income, from all sources, is less

13  than $4,000 per year. Income from public welfare programs,

14  supplemental security income, optional state supplement, a

15  disability pension, or a social security pension shall be

16  excluded in such computation.  However, a ward whose total

17  income, counting excludable income, exceeds $30,000 a year may

18  not be served.

19         (2)  The public guardian shall be vested with all the

20  powers and duties of a guardian under this chapter, except as

21  otherwise provided by law.

22         (3)  The public guardian shall primarily serve

23  incapacitated persons who are of limited financial means, as

24  defined by contract or rule of the Department of Elderly

25  Affairs. The public guardian may serve incapacitated persons

26  of greater financial means to the extent that the Department

27  of Elderly Affairs determines to be appropriate. If the public

28  guardian finds that the assets or the income of the ward

29  exceeds the amounts set forth in paragraph (1)(b), the public

30  guardian shall submit a resignation and petition the court for

31  appointment of a successor guardian.  The public guardian

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 1  shall not be dismissed until such time that a private guardian

 2  is appointed.  If a qualified successor guardian is not

 3  available, the public guardian may remain as guardian,

 4  provided the guardian makes reasonable efforts to find a

 5  successor and reports to the court every 6 months on efforts

 6  to obtain a successor.

 7         (4)  The public guardian shall be authorized to employ

 8  sufficient staff to carry out the duties of his or her office.

 9         (5)  The public guardian may delegate to assistants and

10  other members of his or her staff the powers and duties of the

11  office of public guardian, except as otherwise limited by law.

12  The public guardian shall retain ultimate responsibility for

13  the discharge of his or her duties and responsibilities. 

14         (6)  The public guardian, when appointed guardian of an

15  incapacitated person, shall seek a family member or friend,

16  other person, bank, or corporation who is qualified and

17  willing to serve as guardian. Upon determining that there is

18  someone qualified and willing to serve as guardian, either the

19  public guardian or the qualified person shall petition the

20  court for appointment of a successor guardian.

21         (6)(7)  A public guardian shall not commit a ward to a

22  mental health treatment facility, as defined in s.

23  394.455(30), without an involuntary placement proceeding as

24  provided by law.

25         (7)(8)  When a person is appointed successor public

26  guardian, he or she immediately succeeds to all rights,

27  duties, responsibilities, and powers of the preceding public

28  guardian.

29         (8)(9)  When the position of public guardian is vacant,

30  subordinate personnel employed under subsection (4) shall

31  

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 1  continue to act as if the position of public guardian were

 2  filled.

 3         Section 9.  Section 744.705, Florida Statutes, is

 4  amended to read:

 5         744.705  Costs of public guardian.--

 6         (1)  All costs of administration, including filing

 7  fees, shall be paid from the budget of the office of public

 8  guardian.  No costs of administration, including filing fees,

 9  shall be recovered from the assets or the income of the ward.

10         (2)  In any proceeding for appointment of a public

11  guardian, or in any proceeding involving the estate of a ward

12  for whom a public guardian has been appointed guardian, the

13  court may waive any court costs or filing fees.

14         Section 10.  Guardianship Task Force; creation;

15  membership, duties.--

16         (1)  There is created within the Department of Elderly

17  Affairs a Guardianship Task Force. The purpose of the task

18  force is to examine guardianship and incapacity and make

19  recommendations to the Governor and the Legislature for the

20  improvement of guardianship and incapacity practice. The

21  department shall staff the task force. The Secretary of

22  Elderly Affairs shall appoint the chair of the task force.

23  Members of the task force shall serve without compensation.

24  Unless specified otherwise, task force members shall be

25  appointed by the respective organizations that they represent.

26         (2)  Members shall serve without compensation. Any

27  member of the committee who is a public employee is entitled

28  to reimbursement for per diem and travel expenses by his or

29  her employer, and the cost of each member's participation must

30  be borne by the organization that appointed the member.

31  

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    Florida Senate - 2003                           CS for SB 1782
    308-2386-03




 1         (3)  The Guardianship Task Force shall identify the

 2  characteristics of Florida guardianship practice. It shall

 3  also identify guardianship best practices and recommend

 4  specific statutory and other changes for achieving such best

 5  practices and for achieving citizen access to quality

 6  guardianship services. The task force shall submit a

 7  preliminary report to the Governor, the Secretary of Elderly

 8  Affairs and the Legislature no later than January 1, 2004, and

 9  shall submit a final report no later than January 1, 2005.

10         (4)  The Guardianship Task Force shall consist of 10

11  members as follows: a judge who has experience sitting in

12  guardianship proceedings appointed by the Florida Conference

13  of Circuit Judges, a representative of the Association of

14  Clerks of Court, a professor of law who has experience in

15  elder issues appointed by the Secretary of Elderly Affairs, a

16  representative of the Florida State Guardianship Association,

17  a representative of the Florida Guardianship Foundation, a

18  representative of the Real Property and Probate Section of The

19  Florida Bar, a representative of the Elder Law Section of The

20  Florida Bar, a professional who has experience in examining

21  and determining incapacity, a representative of the Florida

22  Bankers' Association and a citizen/consumer appointed by the

23  Florida AARP (American Association of Retired Persons).

24         (5)  The Guardianship Task Force may appoint auxiliary

25  members based on their expertise to assist the task force in

26  carrying out its duties.

27         (6)  The task force is terminated May 6, 2005.

28         Section 11.  This act shall take effect July 1, 2003.

29  

30  

31  

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    Florida Senate - 2003                           CS for SB 1782
    308-2386-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                       Senate Bill SB 1782

 3                                 

 4  Replaces all the original provisions of the bill with the
    following provisions:
 5  
    - Places the Statewide Public Guardianship Office under the
 6  direct auspice and control of the Department of Elderly
    Affairs and the Secretary of Elderly Affairs.
 7  
    - Requires the Department of Elderly Affairs to contract with
 8  a not-for-profit entity to statutory perform functions
    associated with the registration, examination and training of
 9  professional guardians.

10  - Revises provisions for statewide registration of
    professional guardians and expands the registry requirement to
11  public guardian.

12  - Requires professional and public guardians to undergo
    revised credit and criminal background screenings and to take
13  a state competency exam as a prerequisite to appointment.

14  - Allows plenary and limited guardians to employ case managers
    and to provide confidential ward information under specified
15  terms to local ombudsman council members for investigative
    purposes related to complaints in nursing homes or long-term
16  care facilities.

17  - Revises the powers and duties of the public guardian.

18  - Allows a professional guardian to serve as a public
    guardian.
19  
    - Eliminates a provision that requires a public guardian's
20  administrative costs to be paid from the Statewide Public
    Guardianship Office' s budget.
21  
    - Creates a 10-member Guardianship Task Force and sets forth
22  its duties including the submission of a preliminary and final
    report to the Governor and the Legislature regarding the
23  status of the guardianship delivery system and recommendations
    for improvements.
24  

25  

26  

27  

28  

29  

30  

31  

                                  19

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