Senate Bill sb1874

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1874

    By Senator Webster





    9-1394-04

  1                      A bill to be entitled

  2         An act relating to guardians for unborn

  3         children; amending s. 744.102, F.S.; defining

  4         the term "ward" for purposes of the Florida

  5         Guardianship Law to include an unborn child for

  6         whom a guardian has been appointed by the

  7         court; amending s. 744.3021, F.S.; providing

  8         procedures for appointing a guardian of an

  9         unborn child; amending s. 744.3725, F.S.;

10         directing that the court receive as evidence

11         medical evaluations or other reports,

12         documents, or testimony by competent

13         professionals before authorizing the guardian

14         of an unborn child to consent to certain

15         placements or procedures; providing an

16         effective date.

17  

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

19  

20         Section 1.  Subsection (19) of section 744.102, Florida

21  Statutes, is amended to read:

22         744.102  Definitions.--As used in this chapter, the

23  term:

24         (19)  "Ward" means a person for whom a guardian has

25  been appointed or an unborn child for whom a guardian has been

26  appointed under s. 744.3021(4).

27         Section 2.  Section 744.3021, Florida Statutes, is

28  amended to read:

29         744.3021  Guardians of minors and unborn children.--

30         (1)  Upon petition of a parent, brother, sister, next

31  of kin, or other person interested in the welfare of a minor,

                                  1

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






    Florida Senate - 2004                                  SB 1874
    9-1394-04




 1  a guardian for a minor may be appointed by the court without

 2  the necessity of adjudication pursuant to s. 744.331.  A

 3  guardian appointed for a minor, whether of the person or

 4  property, has the authority of a plenary guardian.

 5         (2)  A minor is not required to attend the hearing on

 6  the petition for appointment of a guardian, unless otherwise

 7  directed by the court.

 8         (3)  In its discretion, the court may appoint an

 9  attorney to represent the interests of a minor at the hearing

10  on the petition for appointment of a guardian.

11         (4)  Upon petition of a parent, brother, sister, next

12  of kin, or other person interested in the welfare of an unborn

13  child, the court may appoint a guardian for an unborn child

14  after:

15         (a)  An adjudication that the unborn child's mother is

16  incapable of exercising the right to consent to medical and

17  mental health treatment under s. 744.331; or

18         (b)  The court has appointed a guardian for the mother

19  of the unborn child under s. 744.342.

20  

21  A guardian appointed for an unborn child, whether of the

22  person or property, has the authority of a plenary guardian.

23         Section 3.  Section 744.3725, Florida Statutes, is

24  amended to read:

25         744.3725  Procedure for extraordinary

26  authority.--Before the court may grant authority to a guardian

27  to exercise any of the rights specified in s. 744.3215(4), the

28  court must:

29         (1)  Appoint an independent attorney to act on the

30  incapacitated person's behalf, and the attorney must have the

31  opportunity to meet with the person and to present evidence

                                  2

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






    Florida Senate - 2004                                  SB 1874
    9-1394-04




 1  and cross-examine witnesses at any hearing on the petition for

 2  authority to act;

 3         (2)  Receive as evidence independent medical,

 4  psychological, and social evaluations with respect to the

 5  incapacitated person by competent professionals or appoint its

 6  own experts to assist in the evaluations;

 7         (3)  Personally meet with the incapacitated person to

 8  obtain its own impression of the person's capacity, so as to

 9  afford the incapacitated person the full opportunity to

10  express his or her personal views or desires with respect to

11  the judicial proceeding and issue before the court;

12         (4)  Find by clear and convincing evidence that the

13  person lacks the capacity to make a decision about the issue

14  before the court and that the incapacitated person's capacity

15  is not likely to change in the foreseeable future;

16         (5)  Be persuaded by clear and convincing evidence that

17  the authority being requested is in the best interests of the

18  incapacitated person; and

19         (6)  In the case of dissolution of marriage, find that

20  the ward's spouse has consented to the dissolution; an.

21         (7)  In the case of a request by the guardian of an

22  unborn child for specific authority to exercise any right

23  specified in s. 744.3215(4)(a), (b), or (e), receive as

24  evidence any  medical evaluations or other reports, documents,

25  or testimony by competent professionals presented by the

26  unborn child's guardian or appoint its own experts to assist

27  in the evaluations.

28  

29  The provisions of this section and s. 744.3215(4) are

30  procedural and do not establish any new or independent right

31  to or authority over the termination of parental rights,

                                  3

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






    Florida Senate - 2004                                  SB 1874
    9-1394-04




 1  dissolution of marriage, sterilization, abortion, or the

 2  termination of life support systems.

 3         Section 4.  This act shall take effect July 1, 2004.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

 7    Defines the term "ward" to include an unborn child for
      whom a guardian has been appointed. Provides procedures
 8    for the appointment of a guardian of an unborn child.
      Directs the court to receive as evidence the medical
 9    evaluations or other reports, documents, or testimony by
      competent professionals provided by the guardian of an
10    unborn child before authorizing the guardian to take
      certain actions on behalf of the unborn child.
11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

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