Amendment

Bill No. 1775

Amendment No. 439685

CHAMBER ACTION
Senate		House
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1	Representative Fiorentino offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Section 744.7101, Florida Statutes, is created
6	to read:
7	744.7101  Popular name.--Sections 744.7101-744.715 may be
8	referred to by the popular name the "Joining Forces for Public
9	Guardianship Act."
10	Section 2.  Section 744.711, Florida Statutes, is created
11	to read:
12	744.711  Legislative findings and intent.--The Legislature
13	finds that public guardianship programs are necessary to ensure
14	that the rights and best interests of Florida's vulnerable
15	indigent and incapacitated residents are protected. In addition,
16	the Legislature finds that the best solution to this problem is
17	to encourage each county to establish, through the Statewide
18	Public Guardianship Office, a local office of public guardian
19	for the purpose of providing guardianship services to
20	incapacitated persons when a private guardian is not available.
21	Therefore, the Legislature intends to establish the Joining
22	Forces for Public Guardianship grant program for the purpose of
23	assisting counties to establish and fund community-supported
24	public guardianship programs.
25	Section 3.  Section 744.712, Florida Statutes, is created
26	to read:
27	744.712  Joining Forces for Public Guardianship grant
28	program; purpose.--The Joining Forces for Public Guardianship
29	grant program shall be established and administered by the
30	Statewide Public Guardianship Office within the Department of
31	Elderly Affairs. The purpose of the program is to provide
32	startup funding to encourage communities to develop and
33	administer locally funded and supported public guardianship
34	programs to address the needs of indigent and incapacitated
35	residents.
36	(1)  The Statewide Public Guardianship Office may
37	distribute the grant funds as follows:
38	(a)  As initial startup funding to encourage counties that
39	have no office of public guardian to establish an office, or as
40	initial startup funding to open an additional office of public
41	guardian within a county whose public guardianship needs require
42	more than one office of public guardian.
43	(b)  As support funding to operational offices of public
44	guardian that demonstrate a necessity for funds to meet the
45	public guardianship needs of a particular geographic area in the
46	state that the office serves.
47	(c)  To assist counties that have an operating public
48	guardianship program but that propose to expand the geographic
49	area or population of persons they serve, or to develop and
50	administer innovative programs to increase access to public
51	guardianship in this state.
52
53	Notwithstanding this subsection, the executive director of the
54	office may award emergency grants if he or she determines that
55	the award is in the best interests of public guardianship in
56	this state. Before making an emergency grant, the executive
57	director must obtain the written approval of the Secretary of
58	Elderly Affairs. Subsections (2), (3), and (4) do not apply to
59	the distribution of emergency grant funds.
60	(2)  One or more grants may be awarded within a county.
61	However, a county may not receive an award that equals, or
62	multiple awards that cumulatively equal, more than 20 percent of
63	the total amount of grant funds appropriated during any fiscal
64	year.
65	(3)  If an applicant is eligible and meets the requirements
66	to receive grant funds more than once, the Statewide Public
67	Guardianship Office shall award funds to prior awardees in the
68	following manner:
69	(a)  In the second year that grant funds are awarded, the
70	cumulative sum of the award provided to one or more applicants
71	within the same county may not exceed 75 percent of the total
72	amount of grant funds awarded within that county in year one.
73	(b)  In the third year that grant funds are awarded, the
74	cumulative sum of the award provided to one or more applicants
75	within the same county may not exceed 60 percent of the total
76	amount of grant funds awarded within that county in year one.
77	(c)  In the fourth year that grant funds are awarded, the
78	cumulative sum of the award provided to one or more applicants
79	within the same county may not exceed 45 percent of the total
80	amount of grant funds awarded within that county in year one.
81	(d)  In the fifth year that grant funds are awarded, the
82	cumulative sum of the award provided to one or more applicants
83	within the same county may not exceed 30 percent of the total
84	amount of grant funds awarded within that county in year one.
85	(e)  In the sixth year that grant funds are awarded, the
86	cumulative sum of the award provided to one or more applicants
87	within the same county may not exceed 15 percent of the total
88	amount of grant funds awarded within that county in year one.
89
90	The Statewide Public Guardianship Office may not award grant
91	funds to any applicant within a county that has received grant
92	funds for more than 6 years.
93	(4)  Grant funds shall be used only to provide direct
94	services to indigent wards, except that up to 10 percent of the
95	grant funds may be retained by the awardee for administrative
96	expenses.
97	(5)  Implementation of the program is subject to a specific
98	appropriation by the Legislature in the General Appropriations
99	Act.
100	Section 4.  Section 744.713, Florida Statutes, is created
101	to read:
102	744.713  Program administration; duties of the Statewide
103	Public Guardianship Office.--The Statewide Public Guardianship
104	Office shall administer the grant program. The office shall:
105	(1)  Publicize the availability of grant funds to entities
106	that may be eligible for the funds.
107	(2)  Establish an application process for submitting a
108	grant proposal.
109	(3)  Request, receive, and review proposals from applicants
110	seeking grant funds.
111	(4)  Determine the amount of grant funds each awardee may
112	receive and award grant funds to applicants.
113	(5)  Develop a monitoring process to evaluate grant
114	awardees, which may include an annual monitoring visit to each
115	awardee's local office.
116	(6)  Ensure that persons or organizations awarded grant
117	funds meet and adhere to the requirements of this act.
118	(7)  Adopt rules as necessary to administer the grant
119	program and this act.
120	Section 5.  Section 744.714, Florida Statutes, is created
121	to read:
122	744.714  Eligibility.--
123	(1)  Any person or organization that has not been awarded a
124	grant must meet all of the following conditions to be eligible
125	to receive a grant:
126	(a)  The applicant must meet or directly employ staff that
127	meet the minimum qualifications for a public guardian under this
128	chapter.
129	(b)  The applicant must have already been appointed by, or
130	is pending appointment by, the Statewide Public Guardianship
131	Office to become an office of public guardian in this state.
132	(2)  Any person or organization that has been awarded a
133	grant must meet all of the following conditions to be eligible
134	to receive another grant:
135	(a)  The applicant must meet or directly employ staff that
136	meet the minimum qualifications for a public guardian under this
137	chapter.
138	(b)  The applicant must have been appointed by, or is
139	pending reappointment by, the Statewide Public Guardianship
140	Office to be an office of public guardian in this state.
141	(c)  The applicant must have achieved a satisfactory
142	monitoring score during the applicant's most recent evaluation.
143	Section 6.  Section 744.715, Florida Statutes, is created
144	to read:
145	744.715  Grant application requirements; review criteria;
146	awards process.--Grant applications must be submitted to the
147	Statewide Public Guardianship Office for review and approval.
148	(1)  A grant application must contain:
149	(a)  The specific amount of funds being requested.
150	(b)  The proposed annual budget for the office of public
151	guardian for which the applicant is applying on behalf of,
152	including all sources of funding, and a detailed report of
153	proposed expenditures, including administrative costs.
154	(c)  The total number of wards the applicant intends to
155	serve during the grant period.
156	(d)  Evidence that the applicant has:
157	1.  Attempted to procure funds and has exhausted all
158	possible other sources of funding; or
159	2.  Procured funds from local sources, but the total amount
160	of the funds collected or pledged is not sufficient to meet the
161	need for public guardianship in the geographic area that the
162	applicant intends to serve.
163	(e)  An agreement or confirmation from a local funding
164	source, such as a county, municipality, or any other public or
165	private organization, that the local funding source will
166	contribute matching funds to the public guardianship program
167	totaling not less than $1 for every $1 of grant funds awarded.
168	For purposes of this section, an applicant may provide evidence
169	of agreements or confirmations from multiple local funding
170	sources showing that the local funding sources will pool their
171	contributed matching funds to the public guardianship program
172	for a combined total of not less than $1 for every $1 of grant
173	funds awarded. In-kind contributions, such as materials,
174	commodities, office space, or other types of facilities,
175	personnel services, or other items as determined by rule shall
176	be considered by the office and may be counted as part or all of
177	the local matching funds.
178	(f)  A detailed plan describing how the office of public
179	guardian for which the applicant is applying on behalf of will
180	be funded in future years.
181	(g)  Any other information determined by rule as necessary
182	to assist in evaluating grant applicants.
183	(2)  If the Statewide Public Guardianship Office determines
184	that an applicant meets the requirements for an award of grant
185	funds, the office may award the applicant any amount of grant
186	funds the executive director deems appropriate, if the amount
187	awarded meets the requirements of this act. The office may adopt
188	a rule allocating the maximum allowable amount of grant funds
189	that may be expended on any ward.
190	(3)  A grant awardee must submit a new grant application
191	for each year of additional funding.
192	(4)(a)  In the first year of the Joining Forces for Public
193	Guardianship grant program's existence, the Statewide Public
194	Guardianship Office shall give priority in awarding grant funds
195	to those entities that:
196	1.  Are operating as appointed offices of public guardians
197	in this state.
198	2.  Meet all of the requirements for being awarded a grant
199	under this act.
200	3.  Demonstrate a need for grant funds during the current
201	fiscal year due to a loss of local funding formerly raised
202	through court filing fees.
203	(b)  In each fiscal year after the first year that grant
204	funds are distributed, the Statewide Public Guardianship Office
205	may give priority to awarding grant funds to those entities
206	that:
207	1.  Meet all of the requirements of this act for being
208	awarded grant funds.
209	2.  Submit with their application an agreement or
210	confirmation from a local funding source, such as a county,
211	municipality, or any other public or private organization, that
212	the local funding source will contribute matching funds totaling
213	an amount equal to or exceeding $2 for every $1 of grant funds
214	awarded by the office. An entity may submit with its application
215	agreements or confirmations from multiple local funding sources
216	showing that the local funding sources will pool their
217	contributed matching funds to the public guardianship program
218	for a combined total of not less than $2 for every $1 of grant
219	funds awarded. In-kind contributions allowable under this
220	section shall be evaluated by the Statewide Public Guardianship
221	Office and may be counted as part or all of the local matching
222	funds.
223	Section 7.  Subsection (25) of section 393.063, Florida
224	Statutes, is amended to read:
225	393.063  Definitions.--For the purposes of this chapter:
226	(25)  "Guardian advocate" means a person appointed by a
227	written order of the circuit court to represent a person with
228	developmental disabilities under in any proceedings brought
229	pursuant to s. 393.12, and excludes the use of the same term as
230	applied to a guardian advocate for mentally ill persons in
231	chapter 394.
232	Section 8.  Paragraph (h) of subsection (2) of section
233	393.12, Florida Statutes, is amended to read:
234	393.12  Capacity; appointment of guardian advocate.--
235	(2)  APPOINTMENT OF A GUARDIAN ADVOCATE.--
236	(h)  Powers and duties of guardian advocate.--A guardian
237	advocate for a person with developmental disabilities shall be a
238	any person or corporation qualified to act as guardian, with the
239	same powers, duties, and responsibilities required of a guardian
240	under pursuant to chapter 744 or those defined by court order
241	under pursuant to this section. However, a guardian advocate may
242	not be required to file an annual accounting under s. 744.3678
243	if the court determines that the person with developmental
244	disabilities receives income only from social security benefits
245	and the guardian advocate is the person's representative payee
246	for the benefits.
247	Section 9.  Subsections (10) through (19) of section
248	744.102, Florida Statutes, are renumbered as subsections (11)
249	through (20), respectively, and a new subsection (10) is added
250	to said section to read:
251	744.102  Definitions.--As used in this chapter, the term:
252	(10)  "Guardian advocate" means a person appointed by a
253	written order of the court to represent a person with
254	developmental disabilities under s. 393.12. As used in this
255	chapter, the term does not apply to a guardian advocate
256	appointed for a person determined incompetent to consent to
257	treatment under s. 394.4598.
258	Section 10.  Section 744.1083, Florida Statutes, is amended
259	to read:
260	744.1083  Professional guardian registration.--
261	(1)  A professional guardian must register with the
262	Statewide Public Guardianship Office established in part IX of
263	this chapter.
264	(2)  Annual registration shall be made on forms furnished
265	by the Statewide Public Guardianship Office and accompanied by
266	the applicable registration fee as determined by rule. The Such
267	fee may shall not exceed $100.
268	(3)  Registration must include the following:
269	(a)  If the professional guardian is a natural person, the
270	name, address, date of birth, and employer identification or
271	social security number of the professional guardian.
272	(b)  If the professional guardian is a partnership or
273	association, the name, address, and date of birth of every
274	member, and the employer identification number of the
275	partnership or association.
276	(c)  If the professional guardian is a corporation, the
277	name, address, and employer identification number of the
278	corporation; the name, address, and date of birth of each of its
279	directors and officers; the name of its resident agent; and the
280	name, address, and date of birth of each person having at least
281	a 10-percent interest in the corporation.
282	(d)  The name, address, date of birth, and employer
283	identification number, if applicable, of each person providing
284	guardian-delegated financial or personal guardianship services
285	for wards.
286	(e)  Documentation that the bonding and educational
287	requirements of s. 744.1085 have been met, and that background
288	screening has been conducted pursuant to s. 744.3135. Compliance
289	with this section shall constitute compliance with the
290	attestation requirement of s. 435.04(5).
291	(f)  Sufficient information to distinguish a guardian
292	providing guardianship services as a public guardian,
293	individually, through partnership, corporation, or any other
294	business organization.
295	(4)  Prior to registering a professional guardian, the
296	Statewide Public Guardianship Office must receive and review
297	copies of the credit and criminal investigations conducted under
298	s. 744.3135. The credit and criminal investigations must have
299	been completed within the previous 2 years.
300	(5)  The executive director of the office may deny
301	registration to a professional guardian if the executive
302	director determines that the guardian's proposed registration,
303	including the guardian's credit or criminal investigations,
304	indicates that registering the professional guardian would
305	violate any provision of this chapter. If the executive director
306	denies registration to a professional guardian, the Statewide
307	Public Guardianship Office must send written notification of the
308	denial to the chief judge of each judicial circuit in which the
309	guardian was serving on the day of the office's decision to deny
310	registration.
311	(6)(4)  The Department of Elderly Affairs may adopt rules
312	necessary to administer this section.
313	(7)(5)  A trust company, a state banking corporation or
314	state savings association authorized and qualified to exercise
315	fiduciary powers in this state, or a national banking
316	association or federal savings and loan association authorized
317	and qualified to exercise fiduciary powers in this state, may,
318	but is shall not be required to, register as a professional
319	guardian under this section. If a trust company, state banking
320	corporation, state savings association, national banking
321	association, or federal savings and loan association described
322	in this subsection elects to register as a professional guardian
323	under this subsection, the requirements of subsections
324	subsection (3) and (4) do shall not apply and the registration
325	shall include only the name, address, and employer
326	identification number of the registrant, the name and address of
327	its registered agent, if any, and the documentation described in
328	paragraph (3)(e).
329	(8)(6)  The Department of Elderly Affairs may contract with
330	the Florida Guardianship Foundation or other not-for-profit
331	entity to register professional guardians.
332	(9)(7)  The department or its contractor shall ensure that
333	the clerks of the court and the chief judge of each judicial
334	circuit receive information about each registered professional
335	guardian.
336	(10)(8)  A state college or university or an independent
337	college or university as described in pursuant to s.
338	1009.98(3)(a), may, but is shall not be required to, register as
339	a professional guardian under this section. If a state college
340	or university or independent college or university elects to
341	register as a professional guardian under this subsection, the
342	requirements of subsection (3) do shall not apply and the
343	registration must shall include only the name, address, and
344	employer identification number of the registrant.
345	Section 11.  Section 744.3085, Florida Statutes, is created
346	to read:
347	744.3085  Guardian advocates.--A circuit court may appoint
348	a guardian advocate, without an adjudication of incapacity, for
349	a person with developmental disabilities if the person lacks the
350	capacity to do some, but not all, of the tasks necessary to care
351	for his or her person, property, or estate, or if the person has
352	voluntarily petitioned for the appointment of a guardian
353	advocate. Unless otherwise specified, the proceeding shall be
354	governed by the Florida Probate Rules. In accordance with the
355	legislative intent of this chapter, courts are encouraged to
356	consider appointing a guardian advocate, when appropriate, as a
357	less restrictive form of guardianship.
358	Section 12.  Section 744.3135, Florida Statutes, as amended
359	by section 114 of chapter 2003-402, Laws of Florida, is amended
360	to read:
361	744.3135  Credit and criminal investigation.--The court may
362	require a nonprofessional guardian and shall require a
363	professional or public guardian, and all employees of a
364	professional guardian who have a fiduciary responsibility to a
365	ward, to submit, at their own expense, to an investigation of
366	the guardian's credit history and to undergo level 2 background
367	screening as required under s. 435.04. The clerk of the court
368	shall obtain fingerprint cards from the Federal Bureau of
369	Investigation and make them available to guardians. Any guardian
370	who is so required shall have his or her fingerprints taken and
371	forward the proper fingerprint card along with the necessary fee
372	to the Florida Department of Law Enforcement for processing. The
373	professional guardian shall pay to the clerk of the court a fee
374	of up to $7.50 for handling and processing professional guardian
375	files. The results of the fingerprint checks shall be forwarded
376	to the clerk of court who shall maintain the results in a
377	guardian file and shall make the results available to the court.
378	If credit or criminal investigations are required, the court
379	must consider the results of the investigations before in
380	appointing a guardian. Professional guardians and all employees
381	of a professional guardian who have a fiduciary responsibility
382	to a ward, so appointed, must resubmit, at their own expense, to
383	an investigation of credit history, and undergo level 1
384	background screening as required under s. 435.03, at least every
385	2 years after the date of their appointment. At any time, the
386	court may require guardians or their employees to submit to an
387	investigation of credit history and undergo level 1 background
388	screening as required under s. 435.03. The court must consider
389	the results of these investigations in reappointing a guardian.
390	(1)  Upon receiving the results of a credit or criminal
391	investigation of any public or professional guardian, the clerk
392	of the court shall forward copies of the results to the
393	Statewide Public Guardianship Office in order that the results
394	may be maintained in the guardian's registration file.
395	(2)  This section does shall not apply to a professional
396	guardian, or to the employees of a professional guardian, which
397	that is a trust company, a state banking corporation or state
398	savings association authorized and qualified to exercise
399	fiduciary powers in this state, or a national banking
400	association or federal savings and loan association authorized
401	and qualified to exercise fiduciary powers in this state.
402	Section 13.  Subsection (5) is added to section 744.3678,
403	Florida Statutes, as amended by section 116 of chapter 2003-402,
404	Laws of Florida, to read:
405	744.3678  Annual accounting.--
406	(5)  This section does not apply if the court determines
407	that the ward receives income only from social security benefits
408	and the guardian is the ward's representative payee for the
409	benefits.
410	Section 14.  Effective upon this act becoming a law,
411	section 744.7082, Florida Statutes, is amended to read:
412	(Substantial rewording of section. See
413	s. 744.7082, F.S., for present text.)
414	744.7082  Direct-support organization; definition; use of
415	property; board of directors; audit; dissolution.--
416	(1)  DEFINITION.--As used in this section, the term
417	"direct-support organization" means an organization whose sole
418	purpose is to support the Statewide Public Guardianship Office
419	and is:
420	(a)  A not-for-profit corporation incorporated under
421	chapter 617 and approved by the Department of State.
422	(b)  Organized and operated to conduct programs and
423	activities; to raise funds; to request and receive grants,
424	gifts, and bequests of moneys; to acquire, receive, hold,
425	invest, and administer, in its own name, securities, funds,
426	objects of value, or other property, real or personal; and to
427	make expenditures to or for the direct or indirect benefit of
428	the Statewide Public Guardianship Office.
429	(c)  Determined by the Statewide Public Guardianship Office
430	to be consistent with the goals of the office, in the best
431	interests of the state, and in accordance with the adopted goals
432	and mission of the Department of Elderly Affairs and the
433	Statewide Public Guardianship Office.
434	(2)  CONTRACT.--The direct-support organization shall
435	operate under a written contract with the Statewide Public
436	Guardianship Office. The written contract must provide for:
437	(a)  Certification by the Statewide Public Guardianship
438	Office that the direct-support organization is complying with
439	the terms of the contract and is doing so consistent with the
440	goals and purposes of the office and in the best interests of
441	the state. This certification must be made annually and reported
442	in the official minutes of a meeting of the direct-support
443	organization.
444	(b)  The reversion of moneys and property held in trust by
445	the direct-support organization:
446	1.  To the Statewide Public Guardianship Office if the
447	direct-support organization is no longer approved to operate for
448	the office;
449	2.  To the Statewide Public Guardianship Office if the
450	direct-support organization ceases to exist;
451	3.  To the Department of Elderly Affairs if the Statewide
452	Public Guardianship Office ceases to exist; or
453	4.  To the state if the Department of Elderly Affairs
454	ceases to exist.
455
456	The fiscal year of the direct-support organization shall begin
457	on July 1 of each year and end on June 30 of the following year.
458	(c)  The disclosure of the material provisions of the
459	contract, and the distinction between the Statewide Public
460	Guardianship Office and the direct-support organization, to
461	donors of gifts, contributions, or bequests, including such
462	disclosure on all promotional and fundraising publications.
463	(3)  BOARD OF DIRECTORS.--The Secretary of Elderly Affairs
464	shall appoint a board of directors for the direct-support
465	organization from a list of nominees submitted by the executive
466	director of the Statewide Public Guardianship Office.
467	(4)  USE OF PROPERTY.--The Department of Elderly Affairs
468	may permit, without charge, appropriate use of fixed property
469	and facilities of the department or the Statewide Public
470	Guardianship Office by the direct-support organization. The
471	department may prescribe any condition with which the direct-
472	support organization must comply in order to use fixed property
473	or facilities of the department or the Statewide Public
474	Guardianship Office.
475	(5)  MONEYS.--Any moneys may be held in a separate
476	depository account in the name of the direct-support
477	organization and subject to the provisions of the written
478	contract with the Statewide Public Guardianship Office.
479	Expenditures of the direct-support organization shall be
480	expressly used to support the Statewide Public Guardianship
481	Office. The expenditures of the direct-support organization may
482	not be used for the purpose of lobbying as defined in s. 11.045.
483	(6)  AUDIT.--The direct-support organization shall provide
484	for an annual financial audit in accordance with s. 215.981.
485	(7)  DISSOLUTION.--After July 1, 2004, any not-for-profit
486	corporation incorporated under chapter 617 that is determined by
487	a circuit court to be representing itself as a direct-support
488	organization created under this section, but that does not have
489	a written contract with the Statewide Public Guardianship Office
490	in compliance with this section, is considered to meet the
491	grounds for a judicial dissolution described in s.
492	617.1430(1)(a). The Statewide Public Guardianship Office shall
493	be the recipient for all assets held by the dissolved
494	corporation which accrued during the period that the dissolved
495	corporation represented itself as a direct-support organization
496	created under this section.
497	Section 15.  Paragraph (c) of subsection (8) of section
498	121.091, Florida Statutes, is amended to read:
499	121.091  Benefits payable under the system.--Benefits may
500	not be paid under this section unless the member has terminated
501	employment as provided in s. 121.021(39)(a) or begun
502	participation in the Deferred Retirement Option Program as
503	provided in subsection (13), and a proper application has been
504	filed in the manner prescribed by the department. The department
505	may cancel an application for retirement benefits when the
506	member or beneficiary fails to timely provide the information
507	and documents required by this chapter and the department's
508	rules. The department shall adopt rules establishing procedures
509	for application for retirement benefits and for the cancellation
510	of such application when the required information or documents
511	are not received.
512	(8)  DESIGNATION OF BENEFICIARIES.--
513	(c)  Notwithstanding the member's designation of benefits
514	to be paid through a trust to a beneficiary that is a natural
515	person as provided in s. 121.021(46), and notwithstanding the
516	provisions of the trust, benefits shall be paid directly to the
517	beneficiary if such person is no longer a minor or incapacitated
518	as defined in s. 744.102(11) and (12)(10) and (11).
519	Section 16.  Subsection (1) and paragraphs (b), (d), and
520	(f) of subsection (4) of section 709.08, Florida Statutes, are
521	amended to read:
522	709.08  Durable power of attorney.--
523	(1)  CREATION OF DURABLE POWER OF ATTORNEY.--A durable
524	power of attorney is a written power of attorney by which a
525	principal designates another as the principal's attorney in
526	fact. The durable power of attorney must be in writing, must be
527	executed with the same formalities required for the conveyance
528	of real property by Florida law, and must contain the words:
529	"This durable power of attorney is not affected by subsequent
530	incapacity of the principal except as provided in s. 709.08,
531	Florida Statutes"; or similar words that show the principal's
532	intent that the authority conferred is exercisable
533	notwithstanding the principal's subsequent incapacity, except as
534	otherwise provided by this section. The durable power of
535	attorney is exercisable as of the date of execution; however, if
536	the durable power of attorney is conditioned upon the
537	principal's lack of capacity to manage property as defined in s.
538	744.102(11)(10)(a), the durable power of attorney is exercisable
539	upon the delivery of affidavits in paragraphs (4)(c) and (d) to
540	the third party.
541	(4)  PROTECTION WITHOUT NOTICE; GOOD FAITH ACTS;
542	AFFIDAVITS.--
543	(b)  Any third party may rely upon the authority granted in
544	a durable power of attorney that is conditioned on the
545	principal's lack of capacity to manage property as defined in s.
546	744.102(11)(10)(a) only after receiving the affidavits provided
547	in paragraphs (c) and (d), and such reliance shall end when the
548	third party has received notice as provided in subsection (5).
549	(d)  A determination that a principal lacks the capacity to
550	manage property as defined in s. 744.102(11)(10)(a) must be made
551	and evidenced by the affidavit of a physician licensed to
552	practice medicine pursuant to chapters 458 and 459 as of the
553	date of the affidavit. A judicial determination that the
554	principal lacks the capacity to manage property pursuant to
555	chapter 744 is not required prior to the determination by the
556	physician and the execution of the affidavit. For purposes of
557	this section, the physician executing the affidavit must be the
558	primary physician who has responsibility for the treatment and
559	care of the principal. The affidavit executed by a physician
560	must state where the physician is licensed to practice medicine,
561	that the physician is the primary physician who has
562	responsibility for the treatment and care of the principal, and
563	that the physician believes that the principal lacks the
564	capacity to manage property as defined in s. 744.102(11)(10)(a).
565	The affidavit may, but need not, be in the following form:
566
567	STATE OF_______________
568	COUNTY OF_______________
569
570	Before me, the undersigned authority, personally appeared
571	...  (name of physician)  ..., Affiant, who swore or affirmed
572	that:
573	1.  Affiant is a physician licensed to practice medicine in
574	...  (name of state, territory, or foreign country)  ....
575	2.  Affiant is the primary physician who has responsibility
576	for the treatment and care of ...  (principal's name)  ....
577	3.  To the best of Affiant's knowledge after reasonable
578	inquiry, Affiant believes that the principal lacks the capacity
579	to manage property, including taking those actions necessary to
580	obtain, administer, and dispose of real and personal property,
581	intangible property, business property, benefits, and income.
582
583
584	____________________
585	...  (Affiant)  ...
586
587	Sworn to (or affirmed) and subscribed before me this ...
588	(day of)  ... ...  (month)  ..., ...  (year)  ..., by ...  (name
589	of person making statement)  ...
590
591	...  (Signature of Notary Public-State of Florida)  ...
592
593	...  (Print, Type, or Stamp Commissioned Name of Notary Public)
594	...
595
596	Personally Known OR Produced Identification
597	...  (Type of Identification Produced)  ...
598
599	(f)  A third party may not rely on the authority granted in
600	a durable power of attorney conditioned on the principal's lack
601	of capacity to manage property as defined in s.
602	744.102(11)(10)(a) when any affidavit presented has been
603	executed more than 6 months prior to the first presentation of
604	the durable power of attorney to the third party.
605	Section 17.  Subsection (3) of section 744.1085, Florida
606	Statutes, is amended to read:
607	744.1085  Regulation of professional guardians;
608	application; bond required; educational requirements.--
609	(3)  Each professional guardian defined in s.
610	744.102(16)(15) and public guardian must receive a minimum of 40
611	hours of instruction and training. Each professional guardian
612	must receive a minimum of 16 hours of continuing education every
613	2 calendar years after the year in which the initial 40-hour
614	educational requirement is met. The instruction and education
615	must be completed through a course approved or offered by the
616	Statewide Public Guardianship Office. The expenses incurred to
617	satisfy the educational requirements prescribed in this section
618	may not be paid with the assets of any ward. This subsection
619	does not apply to any attorney who is licensed to practice law
620	in this state.
621	Section 18.  Except as otherwise provided herein, this act
622	shall take effect July 1, 2004.
623
624	================= T I T L E  A M E N D M E N T =================
625	Remove the entire title and insert:
626	A bill to be entitled
627	An act relating to public guardianship; creating s.
628	744.7101, F.S.; providing a popular name; creating s.
629	744.711, F.S.; providing legislative findings and intent;
630	creating s. 744.712, F.S.; creating the Joining Forces for
631	Public Guardianship grant program; providing a purpose;
632	providing for distribution of grant funds; providing
633	limitations on awards; providing requirements for
634	disbursement of grant funds to prior awardees; requiring
635	grant funds to be used for a certain purpose; providing
636	that program implementation is subject to specific
637	appropriation; creating s. 744.713, F.S.; requiring the
638	office to administer the grant program; providing
639	guidelines for such administration; creating s. 744.714,
640	F.S.; providing eligibility requirements to receive grant
641	funding; creating s. 744.715, F.S.; providing grant
642	application requirements; requiring matching funds from
643	local funding sources; amending s. 393.063, F.S.; revising
644	a definition; amending s. 393.12, F.S.; providing that a
645	guardian advocate may not be required to file an annual
646	accounting under certain circumstances; amending s.
647	744.102, F.S.; providing a definition; amending s.
648	744.1083, F.S.; deleting a requirement for background
649	screening; requiring the Statewide Public Guardianship
650	Office to receive and review credit and criminal
651	investigations prior to registering a professional
652	guardian; authorizing the executive director of the office
653	to deny registration under certain circumstances; creating
654	s. 744.3085, F.S.; authorizing a circuit court to appoint
655	a guardian advocate under certain circumstances; amending
656	s. 744.3135, F.S.; requiring the clerk of the court to
657	forward copies of credit and criminal investigations of
658	public and professional guardians to the office to be
659	maintained in the guardians' files; amending s. 744.3678,
660	F.S.; specifying nonapplication of certain annual
661	accounting requirements to certain guardians under certain
662	circumstances; amending s. 744.7082, F.S.; providing a
663	definition; requiring a direct-support organization to
664	operate under written contract with the office; providing
665	the requirements of such contract; requiring the Secretary
666	of Elderly Affairs to appoint a board of directors for the
667	direct-support organization; authorizing the Department of
668	Elderly Affairs to allow the use of department facilities
669	and property by the organization; authorizing the
670	organization to hold moneys in a separate account;
671	requiring an annual audit; authorizing judicial
672	dissolution for corporations fraudulently representing
673	themselves as direct-support organizations; amending ss.
674	121.091, 709.08, and 744.1085, F.S.; correcting cross
675	references; providing effective dates.

CODING: Words stricken are deletions; words underlined are additions.