HB 1891 2003
1	A bill to be entitled
2	An act relating to the protection and delivery of services
3	to persons who are disabled, vulnerable, or elderly;
4	creating s. 393.506, F.S.; allowing administration of
5	medication by certain unlicensed staff for persons with
6	developmental disabilities; providing requirements for
7	such administration; creating s. 400.9685, F.S.; allowing
8	administration of medication by certain unlicensed staff
9	in nursing homes and related health care facilities for
10	persons with developmental disabilities; providing
11	requirements for such administration; amending s. 394.74,
12	F.S.; providing for alternative payment methods for
13	contracts for provision of local substance abuse and
14	mental health programs; amending s. 415.102, F.S.;
15	clarifying definitions; amending s. 765.401, F.S.;
16	providing additional persons which may be given a proxy
17	for the making of health care decisions; amending s.
18	744.102, F.S.; providing that a public guardian shall be
19	considered a professional guardian; amending s. 744.1083,
20	F.S.; requiring additional information for registration;
21	transferring certain rule adoption authority and
22	registration responsibilities from the Statewide Public
23	Guardianship Office to the Department of Elderly Affairs;
24	authorizing the Department of Elderly Affairs to contract
25	with the Florida Guardianship Foundation and the
26	foundation to contract with clerks of court to the
27	registration of professional guardians; amending s.
28	744.1085, F.S.; providing for additional regulation of
29	professional guardians; providing for a professional
30	examination as a condition of registration; providing
31	additional requirements for registration as a professional
32	guardian; amending s. 744.3135, F.S.; limiting certain
33	requirements to professional guardians; authorizing the
34	court to require nonprofessional guardians to submit to
35	credit history investigations and background screening;
36	amending s. 744.444, F.S.;, allowing guardians to employ
37	care managers and disclose confidential information to an
38	ombudsman without court approval; providing that such
39	information shall remain confidential; amending ss.
40	744.534 and 744.7021, F.S.; transferring responsibility
41	for the Statewide Public Guardianship Office to the
42	Secretary of the Department of Elderly Affairs; amending
43	s. 744.704, F.S.; removing a limitation on what wards a
44	public guardian may serve; creating the Guardianship Task
45	Force to examine and make recommendations regarding
46	guardianship in this state; providing for membership;
47	providing for appointment; providing for term of
48	existence; providing an effective date.
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1. Section 393.506, Florida Statutes, is created
53	to read:
54	393.506 Administration of medication.--
55	(1) Notwithstanding the provisions of part I of chapter
56	464, the Nurse Practice Act, unlicensed staff providing services
57	to persons with developmental disabilities may administer oral,
58	transdermal, inhaled, or topical prescription medications as
59	provided in this section.
60	(a) For noninstitutional community programs, the director
61	of the facility or program shall designate in writing staff who
62	are eligible to be trained to assist in the administration of
63	or to administer medication.
64	(b) For intermediate care facilities for the
65	developmentally disabled licensed pursuant to part XI of chapter
66	400, unlicensed staff designated by the director may provide
67	medication assistance under the general supervision of a
68	registered nurse licensed pursuant to chapter 464.
69	(2) Each facility, institution, or program must include in
70	its policies and procedures a plan for training designated staff
71	to ensure the safe handling, storage, and administration of
72	prescription medication. These policies and procedures must be
73	approved by the department before staff assist with medication.
74	(3) The policies and procedures must include, at a
75	minimum, the following provisions:
76	(a) An expressed and informed consent for each client.
77	(b) The director of the facility, program, or provider
78	must maintain a copy of the written prescription, and that
79	prescription must include the name of the medication, the dosage
80	and administration schedule, the reason for the prescription,
81	and the termination date.
82	(c) Each prescribed medication shall be kept in its
83	original container and in a secure location.
84	(4) The training required in this section shall be
85	conducted by a registered nurse or a physician licensed pursuant
86	to chapter 458 or chapter 459.
87	Section 2. Section 400.9685, Florida Statutes, is created
88	to read:
89	400.9685 Administration of medication.--
90	(1) Notwithstanding the provisions of the Nurse Practice
91	Act, part I of chapter 464, unlicensed staff providing services
92	to persons with developmental disabilities may administer oral,
93	transdermal, inhaled, or topical medications under the general
94	supervision of a registered nurse as provided in this section.
95	(2) Each facility must include in its policies and
96	procedures a plan for training designated staff to ensure the
97	safe handling, storage, and administration of prescription
98	medication. These policies and procedures must be approved by
99	the department before staff assist with medication.
100	(3) The policies and procedures must include, at a
101	minimum, the following provisions:
102	(a) An expressed and informed consent for each client.
103	(b) The director of the facility, program, or provider
104	must maintain a copy of the written prescription, and that
105	prescription must include the name of the medication, the dosage
106	and administration schedule, the reason for the prescription,
107	and the termination date.
108	(c) Each prescribed medication shall be kept in its
109	original container and in a secure location.
110	(4) The training required in this section shall be
111	conducted by a registered nurse licensed pursuant to chapter
112	464, or a physician licensed pursuant to chapter 458 or chapter
113	459.
114	Section 3. Subsection (2) of section 394.74, Florida
115	Statutes, is amended, and subsection (6) is added to said
116	section, to read:
117	394.74 Contracts for provision of local substance abuse
118	and mental health programs.--
119	(2)(a) Contracts for service shall be consistent with the
120	approved district plan.
121	(b) Notwithstanding s. 394.76(3)(a) and (c), the
122	department may use unit cost methods of payment in contracts for
123	purchasing mental health and substance abuse services. The unit
124	cost contracting system must account for those patient fees that
125	are paid on behalf of a specific client and those that are
126	earned and used by the provider for those services funded in
127	whole or in part by the department. The department may also use
128	a fee-for-service arrangement, case rates, or a capitation
129	arrangement in order to account for those services.
130	(c) The department may reimburse actual expenditures for
131	startup contracts and fixed capital outlay contracts in
132	accordance with contract specifications.
133	(6) The department may use a fee-for-service arrangement,
134	case rates, or capitation in order to account for mental health
135	and substance abuse services.
136	Section 4. Subsections (1), (7), and (26) of section
137	415.102, Florida Statutes, are amended to read:
138	415.102 Definitions of terms used in ss. 415.101-
139	415.113.--As used in ss. 415.101-415.113, the term:
140	(1) "Abuse" means any willful act or threatened act by a
141	caregiverthat causes or is likely to cause significant
142	impairment to a vulnerable adult's physical, mental, or
143	emotional health. Abuse includes acts and omissions.
144	(7)(a) "Exploitation" means a caregiverpersonwho:
145	1. Stands in a position of trust and confidence with a
146	vulnerable adult and knowingly, by deception or intimidation,
147	obtains or uses, or endeavors to obtain or use, a vulnerable
148	adult's funds, assets, or property with the intent to
149	temporarily or permanently deprive a vulnerable adult of the
150	use, benefit, or possession of the funds, assets, or property
151	for the benefit of someone other than the vulnerable adult; or
152	2. Knows or should know that the vulnerable adult lacks
153	the capacity to consent, and obtains or uses, or endeavors to
154	obtain or use, the vulnerable adult's funds, assets, or property
155	with the intent to temporarily or permanently deprive the
156	vulnerable adult of the use, benefit, or possession of the
157	funds, assets, or property for the benefit of someone other than
158	the vulnerable adult.
159	(b) "Exploitation" may include, but is not limited to:
160	1. Breaches of fiduciary relationships, such as the misuse
161	of a power of attorney or the abuse of guardianship duties,
162	resulting in the unauthorized appropriation, sale, or transfer
163	of property;
164	2. Unauthorized taking of personal assets;
165	3. Misappropriation, misuse, or transfer of moneys
166	belonging to a vulnerable adult from a personal or joint
167	account; or
168	4. Intentional or negligent failure to effectively use a
169	vulnerable adult's income and assets for the necessities
170	required for that person's support and maintenance.
171	(26) "Vulnerable adult" means a person 18 years of age or
172	older whose ability to perform the normal activities of daily
173	living or to provide for his or her own care or protection is
174	impaired due to a mental, emotional, physical, or developmental
175	disability or dysfunctioning, or brain damage, or the
176	infirmities of aging. "Vulnerable adult" does not include an
177	individual who is hospitalized and whose impairment is temporary
178	due to acute illness or injury.
179	Section 5. Paragraph (h) is added to subsection (1) of
180	section 765.401, Florida Statutes, to read:
181	765.401 The proxy.--
182	(1) If an incapacitated or developmentally disabled
183	patient has not executed an advance directive, or designated a
184	surrogate to execute an advance directive, or the designated or
185	alternate surrogate is no longer available to make health care
186	decisions, health care decisions may be made for the patient by
187	any of the following individuals, in the following order of
188	priority, if no individual in a prior class is reasonably
189	available, willing, or competent to act:
190	(h) A clinical social worker licensed pursuant to chapter
191	491, or a graduate of a court-approved guardianship program.
192	Such a proxy must be selected by the provider’s bioethics
193	committee and must not be employed by the provider. If the
194	provider does not have a bioethics committee, then such a proxy
195	may be chosen through an arrangement with the bioethics
196	committee of another provider. The provider shall make available
197	a second physician, not involved in the patient’s care, upon the
198	proxy’s request, to assist the proxy in evaluating treatment.
199	Section 6. Subsection (15) of section 744.102, Florida
200	Statutes, is amended to read:
201	744.102 Definitions.--As used in this chapter, the term:
202	(15) "Professional guardian" means any guardian who
203	receives or has at any time received compensation for services
204	rendered to more than two wards as their guardian. A person
205	serving as a guardian for two or more relatives as defined in s.
206	744.309(2) is not considered a professional guardian. A public
207	guardian shall be considered a professional guardian.
208	Section 7. Section 744.1083, Florida Statutes, is amended
209	to read:
210	744.1083 Professional guardian registration.--
211	(1) Effective January 1, 2003, a professional guardian
212	must register with the Statewide Public Guardianship Office
213	established in part IX of this chapter. The Statewide Public
214	Guardianship Office may contract with the clerk of the court in
215	each county to perform the administrative functions associated
216	with registering professional guardians.
217	(2) Annual registration shall be made on forms furnished
218	by the Statewide Public Guardianship Office and accompanied by
219	the applicable registration fee as determined by rule. Such fee
220	shall not exceed $100$25.
221	(3) Registration must include the following:
222	(a) If the professional guardian is a natural person, the
223	name, address, date of birth, and employer identification or
224	social security number of the professional guardian.
225	(b) If the professional guardian is a partnership or
226	association, the name, address, and date of birth of every
227	member, and the employer identification number of the
228	partnership or association.
229	(c) If the professional guardian is a corporation, the
230	name, address, and employer identification number of the
231	corporation; the name, address, and date of birth of each of its
232	directors and officers; the name of its resident agent; and the
233	name, address, and date of birth of each person having at least
234	a 10-percent interest in the corporation.
235	(d) The name, address, date of birth, and employer
236	identification number, if applicable, of each person providing
237	guardian-delegated financial or personal guardianship services
238	for wards.
239	(e) Documentation that the bonding and educational
240	requirements of s. 744.1085 have been met, and that background
241	screening has been conducted pursuant to s. 744.3135. Compliance
242	with this section shall constitute compliance with the
243	attestation requirement of s. 435.04(5).
244	(f) Sufficient information to distinguish a guardian
245	providing guardianship services as a public guardian,
246	individually, through partnership, corporation, or any other
247	business organization.
248	(4) The Department of Elderly AffairsStatewide Public
249	Guardianship Officemay adopt rules necessary to administer this
250	section.
251	(5) A trust company, a state banking corporation or state
252	savings association authorized and qualified to exercise
253	fiduciary powers in this state, or a national banking
254	association or federal savings and loan association authorized
255	and qualified to exercise fiduciary powers in this state, may,
256	but shall not be required to, register as a professional
257	guardian under this section. If a trust company, state banking
258	corporation, state savings association, national banking
259	association, or federal savings and loan association described
260	in this subsection elects to register as a professional guardian
261	under this subsection, the requirements of subsection (3) shall
262	not apply and the registration shall include only the name,
263	address, and employer identification number of the registrant,
264	the name and address of its registered agent, if any, and the
265	documentation described in paragraph (3)(e).
266	(6) The Department of Elderly Affairs may contract with
267	the Florida Guardianship Foundation to register professional
268	guardians. The foundation may contract with the clerk of the
269	court in each county to perform the administrative functions
270	associated with registering professional guardians.
271	(7) The department shall ensure that the clerks of the
272	court and the Chief Judge of each judicial circuit receive
273	information about each registered professional guardian.
274	Section 8. Subsections (4) through (9) are added to
275	section 744.1085, Florida Statutes, to read:
276	744.1085 Regulation of professional guardians;
277	application; bond required; educational requirements.--
278	(4) Each professional guardian must allow, at the
279	guardian’s expense, an investigation of the guardian’s credit
280	history, and the credit history of employees of the guardian, in
281	a manner prescribed by the Department of Elderly Affairs.
282	(5) As required in s. 744.3135, each professional guardian
283	shall allow a level 2 background screening of the guardian and
284	employees of the guardian in accordance with the provisions of
285	s. 435.04.
286	(6) After July 1, 2005, each professional guardian shall
287	be required to demonstrate competency to act as a professional
288	guardian by taking an examination developed or approved by the
289	Florida Guardianship Foundation and the Department of Elderly
290	Affairs.
291	(a) The Department of Elderly Affairs, in consultation
292	with the Florida Guardianship Foundation, shall determine the
293	minimum examination score necessary for passage of guardianship
294	examinations.
295	(b) The Department of Elderly Affairs shall determine the
296	procedure for administration of the examination.
297	(c) The Florida Guardianship Foundation shall charge an
298	examination fee for the actual costs of the development and the
299	administration of the examination, not to exceed $500.
300	(d) The Department of Elderly Affairs, in consultation
301	with the Florida Guardianship Foundation, may recognize passage
302	of a national guardianship examination in lieu of all or part of
303	the examination developed or approved by the foundation, except
304	that all professional guardians must take and pass an approved
305	examination section related to Florida law and procedure.
306	(7) The Department of Elderly Affairs, in consultation
307	with the Florida Guardianship Foundation, shall set the minimum
308	score necessary to demonstrate professional guardianship
309	competency.
310	(8) The Department of Elderly Affairs shall waive the
311	examination requirement in paragraph (6) if a professional
312	guardian can provide:
313	(a) Proof that the guardian has actively acted as a
314	professional guardian for 5 years or more; and
315	(b) A letter from a circuit judge before whom the
316	professional guardian practiced at least 1 year which states
317	that the professional guardian had demonstrated to the court her
318	or his competency as a professional guardian.
319	(9) After July 1, 2004, the court shall not appoint any
320	professional guardian who has not met the requirements of this
321	section and s. 744.1083.
322	Section 9. Section 744.3135, Florida Statutes, is amended
323	to read:
324	744.3135 Credit and criminal investigation.--The court may
325	require a nonprofessional guardian and shall require a
326	professional or public guardian, and all employees of a
327	professional guardian who have a fiduciary responsibility to a
328	ward, to submit, at their own expense, to an investigation of
329	the guardian's credit history and to undergo level 2 background
330	screening as required under s. 435.04. The clerk of the court
331	shall obtain fingerprint cards from the Federal Bureau of
332	Investigation and make them available to guardians. Any guardian
333	who is so required shall have his or her fingerprints taken and
334	forward the proper fingerprint card along with the necessary fee
335	to the Florida Department of Law Enforcement for processing. The
336	professional guardian shall pay to the clerk of the court a fee
337	of $5 for handling and processing professional guardian files.
338	The results of the fingerprint checks shall be forwarded to the
339	clerk of court who shall maintain the results in a guardian file
340	and shall make the results available to the court. If credit or
341	criminal investigations are required, the court must consider
342	the results of the investigations in appointing a guardian.
343	Professionalguardians and all employees of a professional
344	guardian who have a fiduciary responsibility to a ward, so
345	appointed, must resubmit, at their own expense, to an
346	investigation of credit history, and undergo level 1 background
347	screening as required under s. 435.03, at leastevery 2 years
348	after the date of their appointment. At any time, the court may
349	require nonprofessional guardians to submit to an investigation
350	of credit history and undergo level 1 background screening as
351	required under s. 435.03.The court must consider the results of
352	these investigations in reappointing a guardian. This section
353	shall not apply to a professional guardian, or to the employees
354	of a professional guardian, that is a trust company, a state
355	banking corporation or state savings association authorized and
356	qualified to exercise fiduciary powers in this state, or a
357	national banking association or federal savings and loan
358	association authorized and qualified to exercise fiduciary
359	powers in this state.
360	Section 10. Subsection (13) of section 744.444, Florida
361	Statutes, is amended, and subsection (16) is added to said
362	section to read:
363	744.444 Power of guardian without court approval.--Without
364	obtaining court approval, a plenary guardian of the property, or
365	a limited guardian of the property within the powers granted by
366	the order appointing the guardian or an approved annual or
367	amended guardianship report, may:
368	(13) When reasonably necessary, employ persons, including
369	attorneys, auditors, investment advisers, care managers,or
370	agents, even if they are associated with the guardian, to advise
371	or assist the guardian in the performance of his or her duties.
372	(16) Provide confidential information about a ward that is
373	related to an investigation arising under part I of chapter 400
374	to a local or state ombudsman council member conducting such an
375	investigation. Any such ombudsman shall have a duty to maintain
376	the confidentiality of such information.
377	Section 11. Paragraph (c) of subsection (2) of section
378	744.534, Florida Statutes, is amended to read:
379	744.534 Disposition of unclaimed funds held by guardian.--
380	(2)
381	(c) Within 5 years from the date of deposit with the State
382	Treasurer, on written petition to the court that directed the
383	deposit of the funds and informal notice to the Department of
384	Legal Affairs, and after proof of his or her right to them, any
385	person entitled to the funds, before or after payment to the
386	State Treasurer and deposit as provided for in paragraph (a),
387	may obtain a court order directing the payment of the funds to
388	him or her. All funds deposited with the State Treasurer and not
389	claimed within 5 years from the date of deposit shall escheat to
390	the state to be deposited in the Department of Elderly Affairs
391	Administrative Trust Fund to be used solely for the benefit of
392	public guardianship as determined by the Secretary of the
393	Department of Elderly AffairsStatewide Public Guardianship
394	Office established in part IX of this chapter.
395	Section 12. Section 744.7021, Florida Statutes, is amended
396	to read:
397	744.7021 Statewide Public Guardianship Office.--There is
398	hereby created the Statewide Public Guardianship Office within
399	the Department of Elderly Affairs. The Department of Elderly
400	Affairs shall provide administrative support and service to the
401	office to the extent requested by the executive director within
402	the available resources of the department. The Statewide Public
403	Guardianship Office may request the assistance of the Inspector
404	General of the Department of Elderly Affairs in providing
405	auditing services, and the Office of General Counsel of the
406	department may provide assistance in rulemaking and other
407	matters as needed to assist the Statewide Public Guardianship
408	Office. The Statewide Public Guardianship Office shall not be
409	subject to control, supervision, or direction by the Department
410	of Elderly Affairs in the performance of its duties.
411	(1) The Secretary of the Department of Elderly Affairs
412	shall appoint the executive director, who shall be thehead of
413	the Statewide Public Guardianship Office is the executive
414	director, who shall be appointed by the Governor. The executive
415	director must be a member of The Florida Bar, knowledgeable of
416	licensed attorney with a background in guardianship law and
417	knowledge of thesocial services available to meet the needs of
418	incapacitated persons, shall serve on a full-time basis, and
419	shall personally, or through representatives of the office,
420	carry out the purposes and functions of the Statewide Public
421	Guardianship Office in accordance with state and federal law.
422	The executive director shall serve at the pleasure of and report
423	to the SecretaryGovernor.
424	(2) The executive directorStatewide Public Guardianship
425	Officeshall, within available resources, have oversight
426	responsibilities for all public guardians.
427	(a) The executive directorofficeshall review the current
428	public guardian programs in Florida and other states.
429	(b) The executive directoroffice, in consultation with
430	local guardianship offices, shall develop statewide performance
431	measures and standards.
432	(c) The executive directorofficeshall review the various
433	methods of funding guardianship programs, the kinds of services
434	being provided by such programs, and the demographics of the
435	wards. In addition, the executive directorofficeshall review
436	and make recommendations regarding the feasibility of recovering
437	a portion or all of the costs of providing public guardianship
438	services from the assets or income of the wards.
439	(d) No later than October 1, 2000, the office shall submit
440	to the Governor, the President of the Senate, the Speaker of the
441	House of Representatives, and the Chief Justice of the Supreme
442	Court an interim report describing the progress of the office in
443	meeting the goals as described in this section. No later than
444	October 1, 2001, the office shall submit to the Governor, the
445	President of the Senate, the Speaker of the House of
446	Representatives, and the Chief Justice of the Supreme Court a
447	proposed public guardianship plan including alternatives for
448	meeting the state's guardianship needs. This plan may include
449	recommendations for less than the entire state, may include a
450	phase-in system, and shall include estimates of the cost of each
451	of the alternatives. Each year thereafter, the executive
452	directorofficeshall provide a status report and provide
453	further recommendations to the Secretary thataddress the need
454	for public guardianship services and related issues.
455	(e) The executive directorofficemay provide assistance
456	to local governments or entities in pursuing grant
457	opportunities. The executive directorofficeshall review and
458	make recommendations in the annual report on the availability
459	and efficacy of seeking Medicaid matching funds. The executive
460	directorofficeshall diligently seek ways to use existing
461	programs and services to meet the needs of public wards.
462	(f) The executive director, in consultation with the
463	Florida Guardianship Foundation,officeshall develop a
464	guardianship training program curriculum that. The training
465	programmay be offered to all guardians whether public or
466	private. The office shall establish a curriculum committee to
467	develop the training program specified in this part. The
468	curriculum committee shall include, but not be limited to,
469	probate judges. A fee may be charged to private guardians in
470	order to defray the cost of providing the training. In addition,
471	a fee may be charged to any training provider for up to the
472	actual cost of the review and approval of their curriculum. Any
473	fees collected pursuant to this paragraph shall be deposited in
474	the Department of Elderly Affairs Administrative Trust Fund to
475	be used for the guardianship training program.
476	(3) The executive directorofficemay conduct or contract
477	for demonstration projects authorized by the Department of
478	Elderly Affairs, within funds appropriated or through gifts,
479	grants, or contributions for such purposes, to determine the
480	feasibility or desirability of new concepts of organization,
481	administration, financing, or service delivery designed to
482	preserve the civil and constitutional rights of persons of
483	marginal or diminished capacity. Any gifts, grants, or
484	contributions for such purposes shall be deposited in the
485	Department of Elderly Affairs Administrative Trust Fund.
486	(4) The Department of Elderly Affairsofficehas authority
487	to adopt rules pursuant to ss. 120.536(1) and 120.54 to carry
488	out the provisions of this section.
489	Section 13. Section 744.704, Florida Statutes, is amended
490	to read:
491	744.704 Powers and duties.--
492	(1) A public guardian may serve as a guardian of a person
493	adjudicated incapacitated under this chapter:
494	(a) If there is no family member or friend, other person,
495	bank, or corporation willing and qualified to serve as guardian;
496	and
497	(b) If the assets of the ward do not exceed the asset
498	level for Medicaid eligibility, exclusive of homestead and
499	exempt property as defined in s. 4, Art. X of the State
500	Constitution, and the ward's income, from all sources, is less
501	than $4,000 per year. Income from public welfare programs,
502	supplemental security income, optional state supplement, a
503	disability pension, or a social security pension shall be
504	excluded in such computation. However, a ward whose total
505	income, counting excludable income, exceeds $30,000 a year may
506	not be served.
507	(2) The public guardian shall be vested with all the
508	powers and duties of a guardian under this chapter, except as
509	otherwise provided by law.
510	(3) The public guardian shall primarily serve
511	incapacitated persons who are of limited financial means, as
512	defined by contract or rule of the Department of Elderly
513	Affairs. The public guardian may serve incapacitated persons of
514	greater financial means to the extent the Department of Elderly
515	Affairs determines to be appropriateIf the public guardian
516	finds that the assets or the income of the ward exceeds the
517	amounts set forth in paragraph (1)(b), the public guardian shall
518	submit a resignation and petition the court for appointment of a
519	successor guardian. The public guardian shall not be dismissed
520	until such time that a private guardian is appointed. If a
521	qualified successor guardian is not available, the public
522	guardian may remain as guardian, provided the guardian makes
523	reasonable efforts to find a successor and reports to the court
524	every 6 months on efforts to obtain a successor.
525	(4) The public guardian shall be authorized to employ
526	sufficient staff to carry out the duties of his or her office.
527	(5) The public guardian may delegate to assistants and
528	other members of his or her staff the powers and duties of the
529	office of public guardian, except as otherwise limited by law.
530	The public guardian shall retain ultimate responsibility for the
531	discharge of his or her duties and responsibilities.
532	(6) The public guardian, when appointed guardian of an
533	incapacitated person, shall seek a family member or friend,
534	other person, bank, or corporation who is qualified and willing
535	to serve as guardian. Upon determining that there is someone
536	qualified and willing to serve as guardian, either the public
537	guardian or the qualified person shall petition the court for
538	appointment of a successor guardian.
539	(6)(7)A public guardian shall not commit a ward to a
540	mental health treatment facility, as defined in s. 394.455(30),
541	without an involuntary placement proceeding as provided by law.
542	(7)(8)When a person is appointed successor public
543	guardian, he or she immediately succeeds to all rights, duties,
544	responsibilities, and powers of the preceding public guardian.
545	(8)(9)When the position of public guardian is vacant,
546	subordinate personnel employed under subsection (4) shall
547	continue to act as if the position of public guardian were
548	filled.
549	Section 14. (1) There is created within the Department of
550	Elderly Affairs a Guardianship Task Force for the purpose of
551	examining guardianship and incapacity and making recommendations
552	to the Governor and the Legislature for the improvement of
553	processes and procedures related to guardianship and incapacity.
554	The department shall staff the task force, and the Secretary of
555	Elderly Affairs shall appoint the chair from among the task
556	force membership. The members of the task force shall serve
557	without compensation. Unless specified otherwise, task force
558	members shall be appointed by the organizations they represent,
559	and the cost of members’ participation shall be borne by their
560	appointing organization.
561	(2) The Guardianship Task Force shall identify the
562	characteristics of Florida guardianship practice. It shall also
563	identify best practices and recommend specific statutory and
564	other changes for achieving such best practices and for
565	achieving citizen access to quality guardianship services. The
566	task force shall make a preliminary report to the Secretary of
567	the Department of Elderly Affairs no later than January 1, 2004,
568	and its final report to the Secretary shall be made no later
569	than January 1, 2005.
570	(3) The Guardianship Task Force shall consist of nine
571	members, including a judge with experience in guardianship
572	proceedings who is appointed by the Florida Conference of
573	Circuit Judges, a representative of the Association of Clerks of
574	Court, a professor of law with experience in elder issues
575	appointed by the Secretary of the Department of Elderly Affairs,
576	a representative of the Florida State Guardianship Association,
577	a representative of the Florida Guardianship Foundation, a
578	representative of the Real Property and Probate Section of The
579	Florida Bar, a representative of the Elder Law Section of The
580	Florida Bar, a professional with experience performing
581	examinations and determining incapacity, and a citizen or
582	consumer appointed by the Executive Director of the Florida
583	office of the American Association of Retired Persons.
584	(4) The Guardianship Task Force may appoint ex officio
585	members who possess needed expertise to assist the task force in
586	its work. The task force will cease to exist May 6, 2005.
587	Section 15. This act shall take effect upon becoming a
588	law.