Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 318
       
       
       
       
       
       
                                Ì313730uÎ313730                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/20/2015           .                                
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       The Committee on Appropriations (Latvala) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The Division of Law Revision and Information is
    6  directed to add ss. 744.1096-744.1098, Florida Statutes, created
    7  by this act, to part I of chapter 744, Florida Statutes.
    8         Section 2. The Division of Law Revision and Information is
    9  directed to retitle part II of chapter 744, Florida Statutes,
   10  consisting of ss. 744.2001-744.2109, Florida Statutes, as
   11  “PUBLIC AND PROFESSIONAL GUARDIANS.”
   12         Section 3. The Division of Law Revision and Information is
   13  directed to remove part IX of chapter 744, Florida Statutes,
   14  consisting of ss. 744.701-744.715.
   15         Section 4. Subsection (3) of section 709.2109, Florida
   16  Statutes, is amended to read:
   17         709.2109 Termination or suspension of power of attorney or
   18  agent’s authority.—
   19         (3) If any person initiates judicial proceedings to
   20  determine the principal’s incapacity or for the appointment of a
   21  guardian advocate, the authority granted under the power of
   22  attorney is suspended until the petition is dismissed or
   23  withdrawn or the court enters an order authorizing the agent to
   24  exercise one or more powers granted under the power of attorney.
   25  However, if the agent named in the power of attorney is the
   26  principal’s parent, spouse, child, or grandchild, the authority
   27  under the power of attorney is not suspended unless a verified
   28  motion in accordance with s. 744.3203 is also filed.
   29         (a) If an emergency arises after initiation of proceedings
   30  to determine incapacity and before adjudication regarding the
   31  principal’s capacity, the agent may petition the court in which
   32  the proceeding is pending for authorization to exercise a power
   33  granted under the power of attorney. The petition must set forth
   34  the nature of the emergency, the property or matter involved,
   35  and the power to be exercised by the agent.
   36         (b) Notwithstanding the provisions of this section, unless
   37  otherwise ordered by the court, a proceeding to determine
   38  incapacity does not affect the authority of the agent to make
   39  health care decisions for the principal, including, but not
   40  limited to, those provided in chapter 765. If the principal has
   41  executed a health care advance directive designating a health
   42  care surrogate, the terms of the directive control if the
   43  directive and the power of attorney are in conflict unless the
   44  power of attorney is later executed and expressly states
   45  otherwise.
   46         Section 5. Effective January 1, 2016, section 744.1012,
   47  Florida Statutes, is amended to read:
   48         744.1012 Legislative intent.—The Legislature: finds
   49         (1)Finds that adjudicating a person totally incapacitated
   50  and in need of a guardian deprives such person of all her or his
   51  civil and legal rights and that such deprivation may be
   52  unnecessary.
   53         (2)Finds The Legislature further finds that it is
   54  desirable to make available the least restrictive form of
   55  guardianship to assist persons who are only partially incapable
   56  of caring for their needs and that alternatives to guardianship
   57  and less intrusive means of assistance should always be
   58  explored, including, but not limited to, guardian advocates,
   59  before an individual’s rights are removed through an
   60  adjudication of incapacity.
   61         (3)Finds that by recognizing that every individual has
   62  unique needs and differing abilities, the Legislature declares
   63  that it is the purpose of this act to promote the public welfare
   64  by establishing a system that permits incapacitated persons to
   65  participate as fully as possible in all decisions affecting
   66  them; that assists such persons in meeting the essential
   67  requirements for their physical health and safety, in protecting
   68  their rights, in managing their financial resources, and in
   69  developing or regaining their abilities to the maximum extent
   70  possible; and that accomplishes these objectives through
   71  providing, in each case, the form of assistance that least
   72  interferes with the legal capacity of a person to act in her or
   73  his own behalf. This act shall be liberally construed to
   74  accomplish this purpose.
   75         (4) Finds that private guardianship is inadequate when
   76  there is no willing and responsible family member or friend,
   77  other person, bank, or corporation available to serve as
   78  guardian for an incapacitated person, and such person does not
   79  have adequate income or wealth for the compensation of a private
   80  guardian.
   81         (5) Intends, through the establishment of the Office of
   82  Public and Professional Guardians, to permit the establishment
   83  of offices of public guardians for the purpose of providing
   84  guardianship services for incapacitated persons when no private
   85  guardian is available.
   86         (6) Intends that a public guardian be provided only to
   87  those persons whose needs cannot be met through less drastic
   88  means of intervention.
   89         Section 6. Subsection (5) is added to section 744.107,
   90  Florida Statutes, to read:
   91         744.107 Court monitors.—
   92         (5) The court may appoint the office of criminal conflict
   93  and civil regional counsel as monitor if the ward is indigent.
   94         Section 7. Subsection (6) is added to section 744.1075,
   95  Florida Statutes, to read:
   96         744.1075 Emergency court monitor.—
   97         (6) The court may appoint the office of criminal conflict
   98  and civil regional counsel as monitor if the ward is indigent.
   99         Section 8. Subsections (5) and (8) of section 744.108,
  100  Florida Statutes, are amended, and subsection (9) is added to
  101  that section, to read:
  102         744.108 Guardian Guardian’s and attorney attorney’s fees
  103  and expenses.—
  104         (5) All petitions for guardian guardian’s and attorney
  105  attorney’s fees and expenses must be accompanied by an itemized
  106  description of the services performed for the fees and expenses
  107  sought to be recovered.
  108         (8) When court proceedings are instituted to review or
  109  determine a guardian’s or an attorney’s fees under subsection
  110  (2), such proceedings are part of the guardianship
  111  administration process and the costs, including costs and
  112  attorney fees for the guardian’s attorney, an attorney appointed
  113  under s. 744.331(2), or an attorney who has rendered services to
  114  the ward, shall be determined by the court and paid from the
  115  assets of the guardianship estate unless the court finds the
  116  requested compensation under subsection (2) to be substantially
  117  unreasonable.
  118         (9) The court may determine that a request for compensation
  119  by the guardian, the guardian’s attorney, a person employed by
  120  the guardian, an attorney appointed under s. 744.331(2), or an
  121  attorney who has rendered services to the ward, is reasonable
  122  without receiving expert testimony. A person or party may offer
  123  expert testimony for or against a request for compensation after
  124  giving notice to interested persons. Reasonable expert witness
  125  fees shall be awarded by the court and paid from the assets of
  126  the guardianship estate using the standards in subsection (8).
  127         Section 9. Effective January 1, 2016, section 744.201,
  128  Florida Statutes, is renumbered as section 744.1096, Florida
  129  Statutes.
  130         Section 10. Effective January 1, 2016, section 744.202,
  131  Florida Statutes, is renumbered as section 744.1097, Florida
  132  Statutes, and subsection (3) of that section is amended to read:
  133         744.1097744.202 Venue.—
  134         (3) When the residence of an incapacitated person is
  135  changed to another county, the guardian shall petition to have
  136  the venue of the guardianship changed to the county of the
  137  acquired residence, except as provided in s. 744.1098 s.
  138  744.2025.
  139         Section 11. Effective January 1, 2016, section 744.2025,
  140  Florida Statutes, is renumbered as section 744.1098, Florida
  141  Statutes.
  142         Section 12. Section 744.3025, Florida Statutes, is amended
  143  to read:
  144         744.3025 Claims of minors.—
  145         (1)(a) The court may appoint a guardian ad litem to
  146  represent the minor’s interest before approving a settlement of
  147  the minor’s portion of the claim in a any case in which a minor
  148  has a claim for personal injury, property damage, wrongful
  149  death, or other cause of action in which the gross settlement of
  150  the claim exceeds $15,000 if the court believes a guardian ad
  151  litem is necessary to protect the minor’s interest.
  152         (b) Except as provided in paragraph (e), the court shall
  153  appoint a guardian ad litem to represent the minor’s interest
  154  before approving a settlement of the minor’s claim in a any case
  155  in which the gross settlement involving a minor equals or
  156  exceeds $50,000.
  157         (c) The appointment of the guardian ad litem must be
  158  without the necessity of bond or notice.
  159         (d) The duty of the guardian ad litem is to protect the
  160  minor’s interests as described in the Florida Probate Rules.
  161         (e) A court need not appoint a guardian ad litem for the
  162  minor if a guardian of the minor has previously been appointed
  163  and that guardian has no potential adverse interest to the
  164  minor. A court may appoint a guardian ad litem if the court
  165  believes a guardian ad litem is necessary to protect the
  166  interests of the minor.
  167         (2) Unless waived, the court shall award reasonable fees
  168  and costs to the guardian ad litem to be paid out of the gross
  169  proceeds of the settlement.
  170         (3) A settlement of a claim pursuant to this section is
  171  subject to the confidentiality provisions of this chapter.
  172         Section 13. Present subsections (2) through (8) of section
  173  744.3031, Florida Statutes, are redesignated as subsections (3)
  174  through (9), respectively, and a new subsection (2) is added to
  175  that section, and present subsection (8) of that section is
  176  amended, to read:
  177         744.3031 Emergency temporary guardianship.—
  178         (2) Notice of filing of the petition for appointment of an
  179  emergency temporary guardian and a hearing on the petition must
  180  be served on the alleged incapacitated person and on the alleged
  181  incapacitated person’s attorney at least 24 hours before the
  182  hearing on the petition is commenced, unless the petitioner
  183  demonstrates that substantial harm to the alleged incapacitated
  184  person would occur if the 24-hour notice is given.
  185         (9)(8)(a) An emergency temporary guardian shall file a
  186  final report no later than 30 days after the expiration of the
  187  emergency temporary guardianship.
  188         (b) A court may not authorize any payment of the emergency
  189  temporary guardian’s final fees or the final fees of his or her
  190  attorney until the final report is filed.
  191         (c)(b) If an emergency temporary guardian is a guardian for
  192  the property, the final report must consist of a verified
  193  inventory of the property, as provided in s. 744.365, as of the
  194  date the letters of emergency temporary guardianship were
  195  issued, a final accounting that gives a full and correct account
  196  of the receipts and disbursements of all the property of the
  197  ward over which the guardian had control, and a statement of the
  198  property of the ward on hand at the end of the emergency
  199  temporary guardianship. If the emergency temporary guardian
  200  becomes the successor guardian of the property, the final report
  201  must satisfy the requirements of the initial guardianship report
  202  for the guardian of the property as provided in s. 744.362.
  203         (d)(c) If the emergency temporary guardian is a guardian of
  204  the person, the final report must summarize the activities of
  205  the temporary guardian with regard to residential placement,
  206  medical condition, mental health and rehabilitative services,
  207  and the social condition of the ward to the extent of the
  208  authority granted to the temporary guardian in the letters of
  209  guardianship. If the emergency temporary guardian becomes the
  210  successor guardian of the person, the report must satisfy the
  211  requirements of the initial report for a guardian of the person
  212  as stated in s. 744.362.
  213         (e)(d) A copy of the final report of the emergency
  214  temporary guardianship shall be served on the successor guardian
  215  and the ward.
  216         Section 14. Subsection (7) is added to section 744.309,
  217  Florida Statutes, to read:
  218         744.309 Who may be appointed guardian of a resident ward.—
  219         (7) FOR-PROFIT CORPORATE GUARDIAN.—A for-profit corporate
  220  guardian existing under the laws of this state is qualified to
  221  act as guardian of a ward if the corporation is qualified to do
  222  business in the state, is wholly owned by the person who is the
  223  public guardian in the circuit in which the corporate guardian
  224  is appointed, has met the registration requirements of s.
  225  744.1083, and posts and maintains a bond or insurance policy
  226  under paragraph (a).
  227         (a) The for-profit corporate guardian must meet one of the
  228  following requirements:
  229         1. Post and maintain a blanket fiduciary bond of at least
  230  $250,000 with the clerk of the circuit court in the county in
  231  which the corporate guardian has its principal place of
  232  business. The corporate guardian shall provide proof of the
  233  fiduciary bond to the clerks of each additional circuit court in
  234  which he or she is serving as a guardian. The bond must cover
  235  all wards for whom the corporation has been appointed as a
  236  guardian at any given time. The liability of the provider of the
  237  bond is limited to the face value of the bond, regardless of the
  238  number of wards for whom the corporation is acting as a
  239  guardian. The terms of the bond must cover the acts or omissions
  240  of each agent or employee of the corporation who has direct
  241  contact with the ward or access to the assets of the
  242  guardianship. The bond must be payable to the Governor and his
  243  or her successors in office and be conditioned on the faithful
  244  performance of all duties of a guardian under this chapter. The
  245  bond is in lieu of and not in addition to the bond required
  246  under s. 744.1085 but is in addition to any bonds required under
  247  s. 744.351. The expenses incurred in satisfying the bonding
  248  requirements of this section may not be paid with the assets of
  249  any ward; or
  250         2. Maintain a liability insurance policy that covers any
  251  losses sustained by the guardianship caused by errors,
  252  omissions, or any intentional misconduct committed by the
  253  corporation’s officers or agents. The policy must cover all
  254  wards for whom the corporation is acting as a guardian for
  255  losses up to $250,000. The terms of the policy must cover acts
  256  or omissions of each agent or employee of the corporation who
  257  has direct contact with the ward or access to the assets of the
  258  guardianship. The corporate guardian shall provide proof of the
  259  policy to the clerk of each circuit court in which he or she is
  260  serving as a guardian.
  261         (b) A for-profit corporation appointed as guardian before
  262  July 1, 2015, is also qualified to serve as a guardian in the
  263  particular guardianships in which the corporation has already
  264  been appointed as guardian.
  265         Section 15. Section 744.3115, Florida Statutes, is amended
  266  to read:
  267         744.3115 Advance directives for health care.—In each
  268  proceeding in which a guardian is appointed under this chapter,
  269  the court shall determine whether the ward, prior to incapacity,
  270  has executed any valid advance directive under chapter 765. If
  271  any advance directive exists, the court shall specify in its
  272  order and letters of guardianship what authority, if any, the
  273  guardian shall exercise over the ward with regard to health care
  274  decisions and what authority, if any, the surrogate shall
  275  continue to exercise over the ward with regard to health care
  276  decisions surrogate. Pursuant to the grounds listed in s.
  277  765.105, the court, upon its own motion, may, with notice to the
  278  surrogate and any other appropriate parties, modify or revoke
  279  the authority of the surrogate to make health care decisions for
  280  the ward. Any order revoking or modifying the authority of the
  281  surrogate must be supported by specific written findings of
  282  fact. If the court order provides that the guardian is
  283  responsible for making health care decisions for the ward, the
  284  guardian shall assume the responsibilities of the surrogate
  285  which are provided in s. 765.205. For purposes of this section,
  286  the term “health care decision” has the same meaning as in s.
  287  765.101.
  288         Section 16. Section 744.312, Florida Statutes, is reordered
  289  and amended to read:
  290         744.312 Considerations in appointment of guardian.—
  291         (2)(1)If a guardian cannot be appointed under subsection
  292  (1) Subject to the provisions of subsection (4), the court may
  293  appoint any person who is fit and proper and qualified to act as
  294  guardian, regardless of whether he or she is related to the ward
  295  or not.
  296         (2) The court shall give preference to the appointment of a
  297  person who:
  298         (a) Is related by blood or marriage to the ward;
  299         (b) Has educational, professional, or business experience
  300  relevant to the nature of the services sought to be provided;
  301         (c) Has the capacity to manage the financial resources
  302  involved; or
  303         (d) Has the ability to meet the requirements of the law and
  304  the unique needs of the individual case.
  305         (3) The court shall also:
  306         (a) Consider the wishes expressed by an incapacitated
  307  person as to who shall be appointed guardian.;
  308         (b) Consider the preference of a minor who is age 14 or
  309  over as to who should be appointed guardian.;
  310         (c) Consider any person designated as guardian in any will
  311  in which the ward is a beneficiary.
  312         (d) Consider the wishes of the ward’s next of kin, when the
  313  ward cannot express a preference.
  314         (1)(4) If the person designated is qualified to serve
  315  pursuant to s. 744.309, the court shall appoint any standby
  316  guardian or preneed guardian, unless the court determines that
  317  appointing such person is contrary to the best interests of the
  318  ward.
  319         (4) Except when a standby guardian or a preneed guardian is
  320  appointed by the court:
  321         (a) In each case when a court appoints a professional
  322  guardian and does not use a rotation system for such
  323  appointment, the court must make specific findings of fact
  324  stating why the person was selected as guardian in the
  325  particular matter involved. The findings must reference each of
  326  the factors listed in subsections (2) and (3).
  327         (b) An emergency temporary guardian who is a professional
  328  guardian may not be appointed as the permanent guardian of a
  329  ward unless one of the next of kin of the alleged incapacitated
  330  person or the ward requests that the professional guardian be
  331  appointed as permanent guardian. The court may waive the
  332  limitations of this paragraph if the special requirements of the
  333  guardianship demand that the court appoint a guardian because he
  334  or she has special talent or specific prior experience. The
  335  court must make specific findings of fact that justify waiving
  336  the limitations of this paragraph.
  337         (5) The court may not give preference to the appointment of
  338  a person under subsection (2) based solely on the fact that such
  339  person was appointed by the court to serve as an emergency
  340  temporary guardian.
  341         Section 17. Section 744.3203, Florida Statutes, is created
  342  to read:
  343         744.3203 Suspension of power of attorney before incapacity
  344  determination.—
  345         (1) At any time during proceedings to determine incapacity
  346  but before the entry of an order determining incapacity, the
  347  authority granted under an alleged incapacitated person’s power
  348  of attorney to a parent, spouse, child, or grandchild is
  349  suspended when the petitioner files a motion stating that a
  350  specific power of attorney should be suspended for any of the
  351  following grounds:
  352         (a) The agent’s decisions are not in accord with the
  353  alleged incapacitated person’s known desires.
  354         (b) The power of attorney is invalid.
  355         (c) The agent has failed to discharge his or her duties or
  356  incapacity or illness renders the agent incapable of discharging
  357  duties.
  358         (d) The agent has abused powers.
  359         (e) There is a danger that the property of the alleged
  360  incapacitated person may be wasted, misappropriated, or lost
  361  unless the authority under the power of attorney is suspended.
  362  
  363  Grounds for suspending a power of attorney do not include the
  364  existence of a dispute between the agent and the petitioner
  365  which is more appropriate for resolution in some other forum or
  366  a legal proceeding other than a guardianship proceeding.
  367         (2) The motion must:
  368         (a) Identify one or more of the grounds in subsection (1);
  369         (b) Include specific statements of fact showing that
  370  grounds exist to justify the relief sought; and
  371         (c) Include the following statement: “Under penalties of
  372  perjury, I declare that I have read the foregoing motion and
  373  that the facts stated in it are true to the best of my knowledge
  374  and belief,” followed by the signature of the petitioner.
  375         (3) Upon the filing of a response to the motion by the
  376  agent under the power of attorney, the court shall schedule the
  377  motion for an expedited hearing. Unless an emergency arises and
  378  the agent’s response sets forth the nature of the emergency, the
  379  property or matter involved, and the power to be exercised by
  380  the agent, notice must be given to all interested persons, the
  381  alleged incapacitated person, and the alleged incapacitated
  382  person’s attorney. The court order following the hearing must
  383  set forth what powers the agent is permitted to exercise, if
  384  any, pending the outcome of the petition to determine
  385  incapacity.
  386         (4) In addition to any other remedy authorized by law, a
  387  court may award reasonable attorney fees and costs to an agent
  388  who successfully challenges the suspension of the power of
  389  attorney if the petitioner’s motion was made in bad faith.
  390         (5) The suspension of authority granted to persons other
  391  than a parent, spouse, child, or grandchild shall be as provided
  392  in s. 709.2109.
  393         Section 18. Effective January 1, 2016, paragraph (d) of
  394  subsection (3), subsection (6), and paragraph (c) of subsection
  395  (7) of section 744.331, Florida Statutes, are amended to read:
  396         744.331 Procedures to determine incapacity.—
  397         (3) EXAMINING COMMITTEE.—
  398         (d) A member of an examining committee must complete a
  399  minimum of 4 hours of initial training. The person must complete
  400  2 hours of continuing education during each 2-year period after
  401  the initial training. The initial training and continuing
  402  education program must be developed under the supervision of the
  403  Statewide Public Guardianship Office of Public and Professional
  404  Guardians, in consultation with the Florida Conference of
  405  Circuit Court Judges; the Elder Law and the Real Property,
  406  Probate and Trust Law sections of The Florida Bar; the Florida
  407  State Guardianship Association; and the Florida Guardianship
  408  Foundation. The court may waive the initial training requirement
  409  for a person who has served for not less than 5 years on
  410  examining committees. If a person wishes to obtain his or her
  411  continuing education on the Internet or by watching a video
  412  course, the person must first obtain the approval of the chief
  413  judge before taking an Internet or video course.
  414         (6) ORDER DETERMINING INCAPACITY.—If, after making findings
  415  of fact on the basis of clear and convincing evidence, the court
  416  finds that a person is incapacitated with respect to the
  417  exercise of a particular right, or all rights, the court shall
  418  enter a written order determining such incapacity. In
  419  determining incapacity, the court shall consider the person’s
  420  unique needs and abilities and may only remove those rights that
  421  the court finds the person does not have the capacity to
  422  exercise. A person is determined to be incapacitated only with
  423  respect to those rights specified in the order.
  424         (a) The court shall make the following findings:
  425         1. The exact nature and scope of the person’s incapacities;
  426         2. The exact areas in which the person lacks capacity to
  427  make informed decisions about care and treatment services or to
  428  meet the essential requirements for her or his physical or
  429  mental health or safety;
  430         3. The specific legal disabilities to which the person is
  431  subject; and
  432         4. The specific rights that the person is incapable of
  433  exercising.
  434         (b) When an order determines that a person is incapable of
  435  exercising delegable rights, the court must consider and find
  436  whether there is an alternative to guardianship that will
  437  sufficiently address the problems of the incapacitated person. A
  438  guardian must be appointed to exercise the incapacitated
  439  person’s delegable rights unless the court finds there is an
  440  alternative. A guardian may not be appointed if the court finds
  441  there is an alternative to guardianship which will sufficiently
  442  address the problems of the incapacitated person. If the court
  443  finds there is not an alternative to guardianship that
  444  sufficiently addresses the problems of the incapacitated person,
  445  a guardian must be appointed to exercise the incapacitated
  446  person’s delegable rights.
  447         (c) In determining that a person is totally incapacitated,
  448  the order must contain findings of fact demonstrating that the
  449  individual is totally without capacity to care for herself or
  450  himself or her or his property.
  451         (d) An order adjudicating a person to be incapacitated
  452  constitutes proof of such incapacity until further order of the
  453  court.
  454         (e) After the order determining that the person is
  455  incapacitated has been filed with the clerk, it must be served
  456  on the incapacitated person. The person is deemed incapacitated
  457  only to the extent of the findings of the court. The filing of
  458  the order is notice of the incapacity. An incapacitated person
  459  retains all rights not specifically removed by the court.
  460         (f) Upon the filing of a verified statement by an
  461  interested person stating:
  462         1. That he or she has a good faith belief that the alleged
  463  incapacitated person’s trust, trust amendment, or durable power
  464  of attorney is invalid; and
  465         2. A reasonable factual basis for that belief,
  466  
  467  the trust, trust amendment, or durable power of attorney shall
  468  not be deemed to be an alternative to the appointment of a
  469  guardian. The appointment of a guardian does not limit the
  470  court’s power to determine that certain authority granted by a
  471  durable power of attorney is to remain exercisable by the agent
  472  attorney in fact.
  473         (7) FEES.—
  474         (c) If the petition is dismissed or denied:,
  475         1. The fees of the examining committee shall be paid upon
  476  court order as expert witness fees under s. 29.004(6).
  477         2. Costs and attorney attorney’s fees of the proceeding may
  478  be assessed against the petitioner if the court finds the
  479  petition to have been filed in bad faith. The petitioner shall
  480  also reimburse the state courts system for any amounts paid
  481  under subparagraph 1. upon such a finding.
  482         Section 19. Effective January 1, 2016, section 744.344,
  483  Florida Statutes, is renumbered as section 744.2005, Florida
  484  Statutes, and amended to read:
  485         744.2005744.344 Order of appointment.—
  486         (1) A professional guardian appointed by the court to
  487  provide representation of an alleged incapacitated person must
  488  be selected from a registry of professional guardians.
  489         (2) In using a registry, the chief judge of the judicial
  490  circuit shall compile a list of professional guardians by county
  491  and provide the list to the clerk of court in each county. To be
  492  included on a registry, the professional guardian must be
  493  certified by the Office of Public and Professional Guardians.
  494         (3)(1) The court may hear testimony on the question of who
  495  is entitled to preference in the appointment of a guardian. Any
  496  interested person may intervene in the proceedings.
  497         (4) The order appointing a guardian must state the nature
  498  of the guardianship as either plenary or limited. If limited,
  499  the order must state that the guardian may exercise only those
  500  delegable rights which have been removed from the incapacitated
  501  person and specifically delegated to the guardian. The order
  502  shall state the specific powers and duties of the guardian.
  503         (5)(2) The order appointing a guardian must be consistent
  504  with the incapacitated person’s welfare and safety, must be the
  505  least restrictive appropriate alternative, and must reserve to
  506  the incapacitated person the right to make decisions in all
  507  matters commensurate with the person’s ability to do so.
  508         (6)(3) If a petition for appointment of guardian has been
  509  filed, an order appointing a guardian must be issued
  510  contemporaneously with the order adjudicating the person
  511  incapacitated. The order must specify the amount of the bond to
  512  be given by the guardian and must state specifically whether the
  513  guardian must place all, or part, of the property of the ward in
  514  a restricted account in a financial institution designated
  515  pursuant to s. 69.031.
  516         (7)(4) If a petition for the appointment of a guardian has
  517  not been filed or ruled upon at the time of the hearing on the
  518  petition to determine capacity, the court may appoint an
  519  emergency temporary guardian in the manner and for the purposes
  520  specified in s. 744.3031.
  521         (8)(5) A plenary guardian shall exercise all delegable
  522  rights and powers of the incapacitated person.
  523         (9)(6) A person for whom a limited guardian has been
  524  appointed retains all legal rights except those which have been
  525  specifically granted to the guardian in the court’s written
  526  order.
  527         Section 20. Section 744.345, Florida Statutes, is amended
  528  to read:
  529         744.345 Letters of guardianship.—Letters of guardianship
  530  shall be issued to the guardian and shall specify whether the
  531  guardianship pertains to the person, or the property, or both,
  532  of the ward. The letters must state whether the guardianship is
  533  plenary or limited, and, if limited, the letters must state the
  534  powers and duties of the guardian. If the guardianship is
  535  limited, The letters shall state whether or not and to what
  536  extent the guardian is authorized to act on behalf of the ward
  537  with regard to any advance directive previously executed by the
  538  ward.
  539         Section 21. Section 744.359, Florida Statutes, is created
  540  to read:
  541         744.359 Abuse, neglect, or exploitation by a guardian.—
  542         (1) A guardian may not abuse, neglect, or exploit a ward.
  543         (2) A guardian has committed exploitation when the
  544  guardian:
  545         (a) Commits fraud in obtaining appointment as a guardian;
  546         (b) Abuses his or her powers; or
  547         (c) Wastes, embezzles, or intentionally mismanages the
  548  assets of the ward.
  549         (3) A person who believes that a guardian is abusing,
  550  neglecting, or exploiting a ward shall report the incident to
  551  the central abuse hotline of the Department of Children and
  552  Families.
  553         (4) This section shall be interpreted in conformity with s.
  554  825.103.
  555         Section 22. Section 744.361, Florida Statutes, is amended
  556  to read:
  557         744.361 Powers and duties of guardian.—
  558         (1) The guardian of an incapacitated person is a fiduciary
  559  and may exercise only those rights that have been removed from
  560  the ward and delegated to the guardian. The guardian of a minor
  561  shall exercise the powers of a plenary guardian.
  562         (2) The guardian shall act within the scope of the
  563  authority granted by the court and as provided by law.
  564         (3) The guardian shall act in good faith.
  565         (4) A guardian may not act in a manner that is contrary to
  566  the ward’s best interests under the circumstances.
  567         (5) A guardian who has special skills or expertise, or is
  568  appointed in reliance upon the guardian’s representation that
  569  the guardian has special skills or expertise, shall use those
  570  special skills or expertise when acting on behalf of the ward.
  571         (6)(2) The guardian shall file an initial guardianship
  572  report in accordance with s. 744.362.
  573         (7)(3) The guardian shall file a guardianship report
  574  annually in accordance with s. 744.367.
  575         (8)(4) The guardian of the person shall implement the
  576  guardianship plan.
  577         (9)(5) When two or more guardians have been appointed, the
  578  guardians shall consult with each other.
  579         (10)(6) A guardian who is given authority over any property
  580  of the ward shall:
  581         (a) Protect and preserve the property and invest it
  582  prudently as provided in chapter 518, apply it as provided in s.
  583  744.397, and keep clear, distinct, and accurate records of the
  584  administration of the ward’s property account for it faithfully.
  585         (b) Perform all other duties required of him or her by law.
  586         (c) At the termination of the guardianship, deliver the
  587  property of the ward to the person lawfully entitled to it.
  588         (11)(7) The guardian shall observe the standards in dealing
  589  with the guardianship property that would be observed by a
  590  prudent person dealing with the property of another, and, if the
  591  guardian has special skills or is named guardian on the basis of
  592  representations of special skills or expertise, he or she is
  593  under a duty to use those skills.
  594         (12)(8) The guardian, if authorized by the court, shall
  595  take possession of all of the ward’s property and of the rents,
  596  income, issues, and profits from it, whether accruing before or
  597  after the guardian’s appointment, and of the proceeds arising
  598  from the sale, lease, or mortgage of the property or of any
  599  part. All of the property and the rents, income, issues, and
  600  profits from it are assets in the hands of the guardian for the
  601  payment of debts, taxes, claims, charges, and expenses of the
  602  guardianship and for the care, support, maintenance, and
  603  education of the ward or the ward’s dependents, as provided for
  604  under the terms of the guardianship plan or by law.
  605         (13) Recognizing that every individual has unique needs and
  606  abilities, a guardian who is given authority over a ward’s
  607  person shall, as appropriate under the circumstances:
  608         (a) Consider the expressed desires of the ward as known by
  609  the guardian when making decisions that affect the ward.
  610         (b) Allow the ward to maintain contact with family and
  611  friends unless the guardian believes that such contact may cause
  612  harm to the ward.
  613         (c) Not restrict the physical liberty of the ward more than
  614  reasonably necessary to protect the ward or another person from
  615  serious physical injury, illness, or disease.
  616         (d) Assist the ward in developing or regaining capacity, if
  617  medically possible.
  618         (e) Notify the court if the guardian believes that the ward
  619  has regained capacity and that one or more of the rights that
  620  have been removed should be restored to the ward.
  621         (f) To the extent applicable, make provision for the
  622  medical, mental, rehabilitative, or personal care services for
  623  the welfare of the ward.
  624         (g) To the extent applicable, acquire a clear understanding
  625  of the risks and benefits of a recommended course of health care
  626  treatment before making a health care decision.
  627         (h) Evaluate the ward’s medical and health care options,
  628  financial resources, and desires when making residential
  629  decisions that are best suited for the current needs of the
  630  ward.
  631         (i) Advocate on behalf of the ward in institutional and
  632  other residential settings and regarding access to home and
  633  community-based services.
  634         (j) When not inconsistent with the person’s goals, needs,
  635  and preferences, acquire an understanding of the available
  636  residential options and give priority to home and other
  637  community-based services and settings.
  638         (14)(9) A professional guardian must ensure that each of
  639  the guardian’s wards is personally visited by the guardian or
  640  one of the guardian’s professional staff at least once each
  641  calendar quarter. During the personal visit, the guardian or the
  642  guardian’s professional staff person shall assess:
  643         (a) The ward’s physical appearance and condition.
  644         (b) The appropriateness of the ward’s current living
  645  situation.
  646         (c) The need for any additional services and the necessity
  647  for continuation of existing services, taking into consideration
  648  all aspects of social, psychological, educational, direct
  649  service, health, and personal care needs.
  650         (d) The nature and extent of visitation and communication
  651  with the ward’s family and friends.
  652  
  653  This subsection does not apply to a professional guardian who
  654  has been appointed only as guardian of the property.
  655         Section 23. Subsection (1) of section 744.367, Florida
  656  Statutes, is amended to read:
  657         744.367 Duty to file annual guardianship report.—
  658         (1) Unless the court requires filing on a calendar-year
  659  basis, each guardian of the person shall file with the court an
  660  annual guardianship plan at least 60 days, but no more than
  661  within 90 days, before after the last day of the anniversary
  662  month that the letters of guardianship were signed, and the plan
  663  must cover the coming fiscal year, ending on the last day in
  664  such anniversary month. If the court requires calendar-year
  665  filing, the guardianship plan for the forthcoming calendar year
  666  must be filed on or after September 1 but no later than December
  667  1 of the current year before April 1 of each year.
  668         Section 24. Subsection (8) of section 744.369, Florida
  669  Statutes, is amended to read:
  670         744.369 Judicial review of guardianship reports.—
  671         (8) The approved report constitutes the authority for the
  672  guardian to act in the forthcoming year. The powers of the
  673  guardian are limited by the terms of the report. The annual
  674  report may not grant additional authority to the guardian
  675  without a hearing, as provided for in s. 744.331, to determine
  676  that the ward is incapacitated to act in that matter. Unless the
  677  court orders otherwise, the guardian may continue to act under
  678  authority of the last-approved report until the forthcoming
  679  year’s report is approved.
  680         Section 25. Subsection (1) of section 744.3715, Florida
  681  Statutes, is amended to read:
  682         744.3715 Petition for interim judicial review.—
  683         (1) At any time, any interested person, including the ward,
  684  may petition the court for review alleging that the guardian is
  685  not complying with the guardianship plan, or is exceeding his or
  686  her authority under the guardianship plan, is acting in a manner
  687  contrary to s. 744.361, is denying visitation between the ward
  688  and his or her relatives in violation of s. 744.361(13), or and
  689  the guardian is not acting in the best interest of the ward. The
  690  petition for review must state the nature of the objection to
  691  the guardian’s action or proposed action. Upon the filing of any
  692  such petition, the court shall review the petition and act upon
  693  it expeditiously.
  694         Section 26. Paragraphs (a) and (b) of subsection (3) of
  695  section 744.464, Florida Statutes, are amended, and subsection
  696  (4) is added to that section, to read:
  697         744.464 Restoration to capacity.—
  698         (3) ORDER OF RESTORATION.—
  699         (a) If no objections are filed, and the court is satisfied
  700  that with the medical examination establishes by a preponderance
  701  of the evidence that restoration of all or some of the ward’s
  702  rights is appropriate, the court shall enter an order of
  703  restoration of capacity, restoring all or some of the rights
  704  which were removed from the ward in accordance with those
  705  findings. The order must be issued within 30 days after the
  706  medical report is filed.
  707         (b) At the conclusion of a hearing, conducted pursuant to
  708  s. 744.1095, the court shall make specific findings of fact and,
  709  based on a preponderance of the evidence, enter an order either
  710  denying the suggestion of capacity or restoring all or some of
  711  the rights which were removed from the ward. The ward has the
  712  burden of proving by a preponderance of the evidence that the
  713  restoration of capacity is warranted.
  714         (4) TIMELINESS OF HEARING.—The court shall give priority to
  715  any suggestion of capacity and shall advance the cause on the
  716  calendar.
  717         Section 27. Effective January 1, 2016, section 744.7021,
  718  Florida Statutes, is renumbered as section 744.2001, Florida
  719  Statutes, and amended to read:
  720         744.2001744.7021Statewide Public Guardianship Office of
  721  Public and Professional Guardians.—There is hereby created the
  722  Statewide Public Guardianship Office of Public and Professional
  723  Guardians within the Department of Elderly Affairs.
  724         (1) The Secretary of Elderly Affairs shall appoint the
  725  executive director, who shall be the head of the Statewide
  726  Public Guardianship Office of Public and Professional Guardians.
  727  The executive director must be a member of The Florida Bar,
  728  knowledgeable of guardianship law and of the social services
  729  available to meet the needs of incapacitated persons, shall
  730  serve on a full-time basis, and shall personally, or through a
  731  representative representatives of the office, carry out the
  732  purposes and functions of the Statewide Public Guardianship
  733  Office of Public and Professional Guardians in accordance with
  734  state and federal law. The executive director shall serve at the
  735  pleasure of and report to the secretary.
  736         (2) The executive director shall, within available
  737  resources:,
  738         (a) Have oversight responsibilities for all public and
  739  professional guardians.
  740         (b)Review the standards and criteria for the education,
  741  registration, and certification of public and professional
  742  guardians in Florida.
  743         (3) The executive director’s oversight responsibilities of
  744  professional guardians shall include, but not be limited to:
  745         (a) The development and implementation of a monitoring tool
  746  to be used for regular monitoring activities of professional
  747  guardians related to the management of each ward and his or her
  748  personal affairs. This monitoring may not include a financial
  749  audit as required by the clerk of the circuit court under s.
  750  744.368.
  751         (b) The development of procedures, in consultation with
  752  professional guardianship associations, for the review of an
  753  allegation that a professional guardian has violated an
  754  applicable statute, fiduciary duty, standard of practice, rule,
  755  regulation, or other requirement governing the conduct of
  756  professional guardians.
  757         (c) The establishment of disciplinary proceedings,
  758  including the authority to conduct investigations and take
  759  appropriate administrative action pursuant to chapter 120.
  760         (d) Assist the chief judge in each judicial circuit to
  761  establish a registry to allow for the appointment of
  762  professional guardians as provided in s. 744.2005.
  763         (4) The executive director’s oversight responsibilities of
  764  public guardians shall include, but not be limited to:
  765         (a) The executive director shall review of the current
  766  public guardian programs in Florida and other states.
  767         (b) The development executive director, in consultation
  768  with local guardianship offices, of shall develop statewide
  769  performance measures and standards.
  770         (c) The executive director shall review of the various
  771  methods of funding public guardianship programs, the kinds of
  772  services being provided by such programs, and the demographics
  773  of the wards. In addition, the executive director shall review
  774  and make recommendations regarding the feasibility of recovering
  775  a portion or all of the costs of providing public guardianship
  776  services from the assets or income of the wards.
  777         (d) By January 1 of each year, providing the executive
  778  director shall provide a status report and providing provide
  779  further recommendations to the secretary that address the need
  780  for public guardianship services and related issues.
  781         (e) In consultation with the Florida Guardianship
  782  Foundation, the development of a guardianship training program
  783  curriculum that may be offered to all guardians, whether public
  784  or private.
  785         (5) The executive director may provide assistance to local
  786  governments or entities in pursuing grant opportunities. The
  787  executive director shall review and make recommendations in the
  788  annual report on the availability and efficacy of seeking
  789  Medicaid matching funds. The executive director shall diligently
  790  seek ways to use existing programs and services to meet the
  791  needs of public wards.
  792         (f) The executive director, in consultation with the
  793  Florida Guardianship Foundation, shall develop a guardianship
  794  training program curriculum that may be offered to all guardians
  795  whether public or private.
  796         (6)(3) The executive director may conduct or contract for
  797  demonstration projects authorized by the Department of Elderly
  798  Affairs, within funds appropriated or through gifts, grants, or
  799  contributions for such purposes, to determine the feasibility or
  800  desirability of new concepts of organization, administration,
  801  financing, or service delivery designed to preserve the civil
  802  and constitutional rights of persons of marginal or diminished
  803  capacity. Any gifts, grants, or contributions for such purposes
  804  shall be deposited in the Department of Elderly Affairs
  805  Administrative Trust Fund.
  806         Section 28. Effective January 1, 2016, section 744.1083,
  807  Florida Statutes, is renumbered as section 744.2002, Florida
  808  Statutes, subsections (1) through (5) of that section are
  809  amended, and subsections (7) and (10) of that section are
  810  republished, to read:
  811         744.2002744.1083 Professional guardian registration.—
  812         (1) A professional guardian must register with the
  813  Statewide Public Guardianship Office of Public and Professional
  814  Guardians established in part II IX of this chapter.
  815         (2) Annual registration shall be made on forms furnished by
  816  the Statewide Public Guardianship Office of Public and
  817  Professional Guardians and accompanied by the applicable
  818  registration fee as determined by rule. The fee may not exceed
  819  $100.
  820         (3) Registration must include the following:
  821         (a) Sufficient information to identify the professional
  822  guardian, as follows:
  823         1. If the professional guardian is a natural person, the
  824  name, address, date of birth, and employer identification or
  825  social security number of the person.
  826         2. If the professional guardian is a partnership or
  827  association, the name, address, and employer identification
  828  number of the entity.
  829         (b) Documentation that the bonding and educational
  830  requirements of s. 744.2003 s. 744.1085 have been met.
  831         (c) Sufficient information to distinguish a guardian
  832  providing guardianship services as a public guardian,
  833  individually, through partnership, corporation, or any other
  834  business organization.
  835         (4) Prior to registering a professional guardian, the
  836  Statewide Public Guardianship Office of Public and Professional
  837  Guardians must receive and review copies of the credit and
  838  criminal investigations conducted under s. 744.3135. The credit
  839  and criminal investigations must have been completed within the
  840  previous 2 years.
  841         (5) The executive director of the office may deny
  842  registration to a professional guardian if the executive
  843  director determines that the guardian’s proposed registration,
  844  including the guardian’s credit or criminal investigations,
  845  indicates that registering the professional guardian would
  846  violate any provision of this chapter. If a guardian who is
  847  currently registered with the office violates a provision of
  848  this chapter, the executive director of the office may suspend
  849  or revoke the guardian’s registration. If the executive director
  850  denies registration to a professional guardian or suspends or
  851  revokes a professional guardian’s registration, the Statewide
  852  Public Guardianship Office must send written notification of the
  853  denial, suspension, or revocation to the chief judge of each
  854  judicial circuit in which the guardian was serving on the day of
  855  the office’s decision to deny, suspend, or revoke the
  856  registration.
  857         (7) A trust company, a state banking corporation or state
  858  savings association authorized and qualified to exercise
  859  fiduciary powers in this state, or a national banking
  860  association or federal savings and loan association authorized
  861  and qualified to exercise fiduciary powers in this state, may,
  862  but is not required to, register as a professional guardian
  863  under this section. If a trust company, state banking
  864  corporation, state savings association, national banking
  865  association, or federal savings and loan association described
  866  in this subsection elects to register as a professional guardian
  867  under this subsection, the requirements of subsections (3) and
  868  (4) do not apply and the registration must include only the
  869  name, address, and employer identification number of the
  870  registrant, the name and address of its registered agent, if
  871  any, and the documentation described in paragraph (3)(b).
  872         (10) A state college or university or an independent
  873  college or university that is located and chartered in Florida,
  874  that is accredited by the Commission on Colleges of the Southern
  875  Association of Colleges and Schools or the Accrediting Council
  876  for Independent Colleges and Schools, and that confers degrees
  877  as defined in s. 1005.02(7) may, but is not required to,
  878  register as a professional guardian under this section. If a
  879  state college or university or independent college or university
  880  elects to register as a professional guardian under this
  881  subsection, the requirements of subsections (3) and (4) do not
  882  apply and the registration must include only the name, address,
  883  and employer identification number of the registrant.
  884         Section 29. Effective January 1, 2016, section 744.1085,
  885  Florida Statutes, is renumbered as section 744.2003, Florida
  886  Statutes, subsections (3), (6), and (9) of that section are
  887  amended, and subsection (8) of that section is republished, to
  888  read:
  889         744.2003744.1085 Regulation of professional guardians;
  890  application; bond required; educational requirements.—
  891         (3) Each professional guardian defined in s. 744.102(17)
  892  and public guardian must receive a minimum of 40 hours of
  893  instruction and training. Each professional guardian must
  894  receive a minimum of 16 hours of continuing education every 2
  895  calendar years after the year in which the initial 40-hour
  896  educational requirement is met. The instruction and education
  897  must be completed through a course approved or offered by the
  898  Statewide Public Guardianship Office of Public and Professional
  899  Guardians. The expenses incurred to satisfy the educational
  900  requirements prescribed in this section may not be paid with the
  901  assets of any ward. This subsection does not apply to any
  902  attorney who is licensed to practice law in this state.
  903         (6) After July 1, 2005, Each professional guardian is shall
  904  be required to demonstrate competency to act as a professional
  905  guardian by taking an examination approved by the Department of
  906  Elderly Affairs.
  907         (a) The Department of Elderly Affairs shall determine the
  908  minimum examination score necessary for passage of guardianship
  909  examinations.
  910         (b) The Department of Elderly Affairs shall determine the
  911  procedure for administration of the examination.
  912         (c) The Department of Elderly Affairs or its contractor
  913  shall charge an examination fee for the actual costs of the
  914  development and the administration of the examination. The fee
  915  for registration and licensing of a professional guardian may
  916  not, not to exceed $500.
  917         (d) The Department of Elderly Affairs may recognize passage
  918  of a national guardianship examination in lieu of all or part of
  919  the examination approved by the Department of Elderly Affairs,
  920  except that all professional guardians must take and pass an
  921  approved examination section related to Florida law and
  922  procedure.
  923         (8) The Department of Elderly Affairs shall waive the
  924  examination requirement in subsection (6) if a professional
  925  guardian can provide:
  926         (a) Proof that the guardian has actively acted as a
  927  professional guardian for 5 years or more; and
  928         (b) A letter from a circuit judge before whom the
  929  professional guardian practiced at least 1 year which states
  930  that the professional guardian had demonstrated to the court
  931  competency as a professional guardian.
  932         (9) After July 1, 2004, The court may shall not appoint any
  933  professional guardian who has not met the requirements of this
  934  section and s. 744.2002 s. 744.1083.
  935         Section 30. Effective January 1, 2016, section 744.2004,
  936  Florida Statutes, is created to read:
  937         744.2004 Complaints; disciplinary proceedings; penalties;
  938  enforcement.—
  939         (1) The Office of Public and Professional Guardians shall
  940  adopt rules to:
  941         (a) Review, and if determined appropriate, investigate an
  942  allegation that a professional guardian has violated an
  943  applicable statute, fiduciary duty, standard of practice, rule,
  944  regulation, or other requirement governing the conduct of
  945  professional guardians.
  946         (b) Establish disciplinary proceedings, conduct hearings,
  947  and take administrative action pursuant to chapter 120.
  948  Disciplinary actions include, but are not limited to, requiring
  949  a professional guardian to participate in additional educational
  950  courses provided by the Office of Public and Professional
  951  Guardians, imposing additional monitoring by the office of the
  952  guardianships to which the professional guardian is appointed,
  953  and suspension or revocation of a professional guardian’s
  954  license.
  955         (2) If the office makes a final recommendation for the
  956  suspension or revocation of a professional guardian’s license,
  957  it must provide the recommendation to the court of competent
  958  jurisdiction for any guardianship case to which the professional
  959  guardian is currently appointed.
  960         Section 31. Effective January 1, 2016, section 744.703,
  961  Florida Statutes, is renumbered as 744.2006, Florida Statutes,
  962  and subsections (1) and (6) of that section are amended, to
  963  read:
  964         744.2006744.703 Office of public and professional guardians
  965  guardian; appointment, notification.—
  966         (1) The executive director of the Statewide Public
  967  Guardianship Office of Public and Professional Guardians, after
  968  consultation with the chief judge and other circuit judges
  969  within the judicial circuit and with appropriate advocacy groups
  970  and individuals and organizations who are knowledgeable about
  971  the needs of incapacitated persons, may establish, within a
  972  county in the judicial circuit or within the judicial circuit,
  973  one or more offices of public and professional guardian and if
  974  so established, shall create a list of persons best qualified to
  975  serve as the public guardian, who have been investigated
  976  pursuant to s. 744.3135. The public guardian must have knowledge
  977  of the legal process and knowledge of social services available
  978  to meet the needs of incapacitated persons. The public guardian
  979  shall maintain a staff or contract with professionally qualified
  980  individuals to carry out the guardianship functions, including
  981  an attorney who has experience in probate areas and another
  982  person who has a master’s degree in social work, or a
  983  gerontologist, psychologist, registered nurse, or nurse
  984  practitioner. A public guardian that is a nonprofit corporate
  985  guardian under s. 744.309(5) must receive tax-exempt status from
  986  the United States Internal Revenue Service.
  987         (6) Public guardians who have been previously appointed by
  988  a chief judge prior to the effective date of this act pursuant
  989  to this section may continue in their positions until the
  990  expiration of their term pursuant to their agreement. However,
  991  oversight of all public guardians shall transfer to the
  992  Statewide Public Guardianship Office of Public and Professional
  993  Guardians upon the effective date of this act. The executive
  994  director of the Statewide Public Guardianship Office of Public
  995  and Professional Guardians shall be responsible for all future
  996  appointments of public guardians pursuant to this act.
  997         Section 32. Section 744.704, Florida Statutes, is
  998  renumbered as section 744.2007, Florida Statutes.
  999         Section 33. Effective January 1, 2016, section 744.705,
 1000  Florida Statutes, is renumbered as section 744.2008, Florida
 1001  Statutes.
 1002         Section 34. Effective January 1, 2016, section 744.706,
 1003  Florida Statutes, is renumbered as section 744.2009, Florida
 1004  Statutes, and amended to read:
 1005         744.2009744.706 Preparation of budget.—Each public
 1006  guardian, whether funded in whole or in part by money raised
 1007  through local efforts, grants, or any other source or whether
 1008  funded in whole or in part by the state, shall prepare a budget
 1009  for the operation of the office of public guardian to be
 1010  submitted to the Statewide Public Guardianship Office of Public
 1011  and Professional Guardians. As appropriate, the Statewide Public
 1012  Guardianship Office of Public and Professional Guardians will
 1013  include such budgetary information in the Department of Elderly
 1014  Affairs’ legislative budget request. The office of public
 1015  guardian shall be operated within the limitations of the General
 1016  Appropriations Act and any other funds appropriated by the
 1017  Legislature to that particular judicial circuit, subject to the
 1018  provisions of chapter 216. The Department of Elderly Affairs
 1019  shall make a separate and distinct request for an appropriation
 1020  for the Statewide Public Guardianship Office of Public and
 1021  Professional Guardians. However, this section may shall not be
 1022  construed to preclude the financing of any operations of the
 1023  office of the public guardian by moneys raised through local
 1024  effort or through the efforts of the Statewide Public
 1025  Guardianship Office of Public and Professional Guardians.
 1026         Section 35. Effective January 1, 2016, section 744.707,
 1027  Florida Statutes, is renumbered as section 744.2101, Florida
 1028  Statutes, and amended to read:
 1029         744.2101744.707 Procedures and rules.—The public guardian,
 1030  subject to the oversight of the Statewide Public Guardianship
 1031  Office of Public and Professional Guardians, is authorized to:
 1032         (1) Formulate and adopt necessary procedures to assure the
 1033  efficient conduct of the affairs of the ward and general
 1034  administration of the office and staff.
 1035         (2) Contract for services necessary to discharge the duties
 1036  of the office.
 1037         (3) Accept the services of volunteer persons or
 1038  organizations and provide reimbursement for proper and necessary
 1039  expenses.
 1040         Section 36. Effective January 1, 2016, section 744.709,
 1041  Florida Statutes, is renumbered as section 744.2102, Florida
 1042  Statutes.
 1043         Section 37. Effective January 1, 2016, section 744.708,
 1044  Florida Statutes, is renumbered as section 744.2103, Florida
 1045  Statutes, and subsections (3), (4), (5), and (7) of that section
 1046  are amended, to read:
 1047         744.2103744.708 Reports and standards.—
 1048         (3) A public guardian shall file an annual report on the
 1049  operations of the office of public guardian, in writing, by
 1050  September 1 for the preceding fiscal year with the Statewide
 1051  Public Guardianship Office of Public and Professional Guardians,
 1052  which shall have responsibility for supervision of the
 1053  operations of the office of public guardian.
 1054         (4) Within 6 months of his or her appointment as guardian
 1055  of a ward, the public guardian shall submit to the clerk of the
 1056  court for placement in the ward’s guardianship file and to the
 1057  executive director of the Statewide Public Guardianship Office
 1058  of Public and Professional Guardians a report on his or her
 1059  efforts to locate a family member or friend, other person, bank,
 1060  or corporation to act as guardian of the ward and a report on
 1061  the ward’s potential to be restored to capacity.
 1062         (5)(a) Each office of public guardian shall undergo an
 1063  independent audit by a qualified certified public accountant at
 1064  least once every 2 years. A copy of the audit report shall be
 1065  submitted to the Statewide Public Guardianship Office of Public
 1066  and Professional Guardians.
 1067         (b) In addition to regular monitoring activities, the
 1068  Statewide Public Guardianship Office of Public and Professional
 1069  Guardians shall conduct an investigation into the practices of
 1070  each office of public guardian related to the managing of each
 1071  ward’s personal affairs and property. If feasible, the
 1072  investigation shall be conducted in conjunction with the
 1073  financial audit of each office of public guardian under
 1074  paragraph (a).
 1075         (7) The ratio for professional staff to wards shall be 1
 1076  professional to 40 wards. The Statewide Public Guardianship
 1077  Office of Public and Professional Guardians may increase or
 1078  decrease the ratio after consultation with the local public
 1079  guardian and the chief judge of the circuit court. The basis for
 1080  the decision to increase or decrease the prescribed ratio must
 1081  be included in the annual report to the secretary.
 1082         Section 38. Effective January 1, 2016, section 744.7081,
 1083  Florida Statutes, is renumbered as section 744.2104, Florida
 1084  Statutes, and amended to read:
 1085         744.2104744.7081 Access to records by the Statewide Public
 1086  Guardianship Office of Public and Professional Guardians;
 1087  confidentiality.—Notwithstanding any other provision of law to
 1088  the contrary, any medical, financial, or mental health records
 1089  held by an agency, or the court and its agencies, which are
 1090  necessary to evaluate the public guardianship system, to assess
 1091  the need for additional public guardianship, or to develop
 1092  required reports, shall be provided to the Statewide Public
 1093  Guardianship Office of Public and Professional Guardians upon
 1094  that office’s request. Any confidential or exempt information
 1095  provided to the Statewide Public Guardianship Office of Public
 1096  and Professional Guardians shall continue to be held
 1097  confidential or exempt as otherwise provided by law. All records
 1098  held by the Statewide Public Guardianship Office of Public and
 1099  Professional Guardians relating to the medical, financial, or
 1100  mental health of vulnerable adults as defined in chapter 415,
 1101  persons with a developmental disability as defined in chapter
 1102  393, or persons with a mental illness as defined in chapter 394,
 1103  shall be confidential and exempt from s. 119.07(1) and s. 24(a),
 1104  Art. I of the State Constitution.
 1105         Section 39. Effective January 1, 2016, section 744.7082,
 1106  Florida Statutes, is renumbered as section 744.2105, Florida
 1107  Statutes, and subsections (1) through (5) and (8) of that
 1108  section are amended, to read:
 1109         744.2105744.7082 Direct-support organization; definition;
 1110  use of property; board of directors; audit; dissolution.—
 1111         (1) DEFINITION.—As used in this section, the term “direct
 1112  support organization” means an organization whose sole purpose
 1113  is to support the Statewide Public Guardianship Office of Public
 1114  and Professional Guardians and is:
 1115         (a) A not-for-profit corporation incorporated under chapter
 1116  617 and approved by the Department of State;
 1117         (b) Organized and operated to conduct programs and
 1118  activities; to raise funds; to request and receive grants,
 1119  gifts, and bequests of moneys; to acquire, receive, hold,
 1120  invest, and administer, in its own name, securities, funds,
 1121  objects of value, or other property, real or personal; and to
 1122  make expenditures to or for the direct or indirect benefit of
 1123  the Statewide Public Guardianship Office of Public and
 1124  Professional Guardians; and
 1125         (c) Determined by the Statewide Public Guardianship Office
 1126  of Public and Professional Guardians to be consistent with the
 1127  goals of the office, in the best interests of the state, and in
 1128  accordance with the adopted goals and mission of the Department
 1129  of Elderly Affairs and the Statewide Public Guardianship Office
 1130  of Public and Professional Guardians.
 1131         (2) CONTRACT.—The direct-support organization shall operate
 1132  under a written contract with the Statewide Public Guardianship
 1133  Office of Public and Professional Guardians. The written
 1134  contract must provide for:
 1135         (a) Certification by the Statewide Public Guardianship
 1136  Office of Public and Professional Guardians that the direct
 1137  support organization is complying with the terms of the contract
 1138  and is doing so consistent with the goals and purposes of the
 1139  office and in the best interests of the state. This
 1140  certification must be made annually and reported in the official
 1141  minutes of a meeting of the direct-support organization.
 1142         (b) The reversion of moneys and property held in trust by
 1143  the direct-support organization:
 1144         1. To the Statewide Public Guardianship Office of Public
 1145  and Professional Guardians if the direct-support organization is
 1146  no longer approved to operate for the office;
 1147         2. To the Statewide Public Guardianship Office of Public
 1148  and Professional Guardians if the direct-support organization
 1149  ceases to exist;
 1150         3. To the Department of Elderly Affairs if the Statewide
 1151  Public Guardianship Office of Public and Professional Guardians
 1152  ceases to exist; or
 1153         4. To the state if the Department of Elderly Affairs ceases
 1154  to exist.
 1155  
 1156  The fiscal year of the direct-support organization shall begin
 1157  on July 1 of each year and end on June 30 of the following year.
 1158         (c) The disclosure of the material provisions of the
 1159  contract, and the distinction between the Statewide Public
 1160  Guardianship Office of Public and Professional Guardians and the
 1161  direct-support organization, to donors of gifts, contributions,
 1162  or bequests, including such disclosure on all promotional and
 1163  fundraising publications.
 1164         (3) BOARD OF DIRECTORS.—The Secretary of Elderly Affairs
 1165  shall appoint a board of directors for the direct-support
 1166  organization from a list of nominees submitted by the executive
 1167  director of the Statewide Public Guardianship Office of Public
 1168  and Professional Guardians.
 1169         (4) USE OF PROPERTY.—The Department of Elderly Affairs may
 1170  permit, without charge, appropriate use of fixed property and
 1171  facilities of the department or the Statewide Public
 1172  Guardianship Office of Public and Professional Guardians by the
 1173  direct-support organization. The department may prescribe any
 1174  condition with which the direct-support organization must comply
 1175  in order to use fixed property or facilities of the department
 1176  or the Statewide Public Guardianship Office of Public and
 1177  Professional Guardians.
 1178         (5) MONEYS.—Any moneys may be held in a separate depository
 1179  account in the name of the direct-support organization and
 1180  subject to the provisions of the written contract with the
 1181  Statewide Public Guardianship Office of Public and Professional
 1182  Guardians. Expenditures of the direct-support organization shall
 1183  be expressly used to support the Statewide Public Guardianship
 1184  Office of Public and Professional Guardians. The expenditures of
 1185  the direct-support organization may not be used for the purpose
 1186  of lobbying as defined in s. 11.045.
 1187         (8) DISSOLUTION.—A After July 1, 2004, any not-for-profit
 1188  corporation incorporated under chapter 617 that is determined by
 1189  a circuit court to be representing itself as a direct-support
 1190  organization created under this section, but that does not have
 1191  a written contract with the Statewide Public Guardianship Office
 1192  of Public and Professional Guardians in compliance with this
 1193  section, is considered to meet the grounds for a judicial
 1194  dissolution described in s. 617.1430(1)(a). The Statewide Public
 1195  Guardianship Office of Public and Professional Guardians shall
 1196  be the recipient for all assets held by the dissolved
 1197  corporation which accrued during the period that the dissolved
 1198  corporation represented itself as a direct-support organization
 1199  created under this section.
 1200         Section 40. Effective January 1, 2016, section 744.712,
 1201  Florida Statutes, is renumbered as section 744.2106, Florida
 1202  Statutes, and amended to read:
 1203         744.2106744.712 Joining Forces for Public Guardianship
 1204  grant program; purpose.—The Legislature intends to establish the
 1205  Joining Forces for Public Guardianship matching grant program
 1206  for the purpose of assisting counties to establish and fund
 1207  community-supported public guardianship programs. The Joining
 1208  Forces for Public Guardianship matching grant program shall be
 1209  established and administered by the Statewide Public
 1210  Guardianship Office of Public and Professional Guardians within
 1211  the Department of Elderly Affairs. The purpose of the program is
 1212  to provide startup funding to encourage communities to develop
 1213  and administer locally funded and supported public guardianship
 1214  programs to address the needs of indigent and incapacitated
 1215  residents.
 1216         (1) The Statewide Public Guardianship Office of Public and
 1217  Professional Guardians may distribute the grant funds as
 1218  follows:
 1219         (a) As initial startup funding to encourage counties that
 1220  have no office of public guardian to establish an office, or as
 1221  initial startup funding to open an additional office of public
 1222  guardian within a county whose public guardianship needs require
 1223  more than one office of public guardian.
 1224         (b) As support funding to operational offices of public
 1225  guardian that demonstrate a necessity for funds to meet the
 1226  public guardianship needs of a particular geographic area in the
 1227  state which the office serves.
 1228         (c) To assist counties that have an operating public
 1229  guardianship program but that propose to expand the geographic
 1230  area or population of persons they serve, or to develop and
 1231  administer innovative programs to increase access to public
 1232  guardianship in this state.
 1233  
 1234  Notwithstanding this subsection, the executive director of the
 1235  office may award emergency grants if he or she determines that
 1236  the award is in the best interests of public guardianship in
 1237  this state. Before making an emergency grant, the executive
 1238  director must obtain the written approval of the Secretary of
 1239  Elderly Affairs. Subsections (2), (3), and (4) do not apply to
 1240  the distribution of emergency grant funds.
 1241         (2) One or more grants may be awarded within a county.
 1242  However, a county may not receive an award that equals, or
 1243  multiple awards that cumulatively equal, more than 20 percent of
 1244  the total amount of grant funds appropriated during any fiscal
 1245  year.
 1246         (3) If an applicant is eligible and meets the requirements
 1247  to receive grant funds more than once, the Statewide Public
 1248  Guardianship Office of Public and Professional Guardians shall
 1249  award funds to prior awardees in the following manner:
 1250         (a) In the second year that grant funds are awarded, the
 1251  cumulative sum of the award provided to one or more applicants
 1252  within the same county may not exceed 75 percent of the total
 1253  amount of grant funds awarded within that county in year one.
 1254         (b) In the third year that grant funds are awarded, the
 1255  cumulative sum of the award provided to one or more applicants
 1256  within the same county may not exceed 60 percent of the total
 1257  amount of grant funds awarded within that county in year one.
 1258         (c) In the fourth year that grant funds are awarded, the
 1259  cumulative sum of the award provided to one or more applicants
 1260  within the same county may not exceed 45 percent of the total
 1261  amount of grant funds awarded within that county in year one.
 1262         (d) In the fifth year that grant funds are awarded, the
 1263  cumulative sum of the award provided to one or more applicants
 1264  within the same county may not exceed 30 percent of the total
 1265  amount of grant funds awarded within that county in year one.
 1266         (e) In the sixth year that grant funds are awarded, the
 1267  cumulative sum of the award provided to one or more applicants
 1268  within the same county may not exceed 15 percent of the total
 1269  amount of grant funds awarded within that county in year one.
 1270  
 1271  The Statewide Public Guardianship Office of Public and
 1272  Professional Guardians may not award grant funds to any
 1273  applicant within a county that has received grant funds for more
 1274  than 6 years.
 1275         (4) Grant funds shall be used only to provide direct
 1276  services to indigent wards, except that up to 10 percent of the
 1277  grant funds may be retained by the awardee for administrative
 1278  expenses.
 1279         (5) Implementation of the program is subject to a specific
 1280  appropriation by the Legislature in the General Appropriations
 1281  Act.
 1282         Section 41. Effective January 1, 2016, section 744.713,
 1283  Florida Statutes, is renumbered as section 744.2107, Florida
 1284  Statutes, and amended to read:
 1285         744.2107744.713 Program administration; duties of the
 1286  Statewide Public Guardianship Office of Public and Professional
 1287  Guardians.—The Statewide Public Guardianship Office of Public
 1288  and Professional Guardians shall administer the grant program.
 1289  The office shall:
 1290         (1) Publicize the availability of grant funds to entities
 1291  that may be eligible for the funds.
 1292         (2) Establish an application process for submitting a grant
 1293  proposal.
 1294         (3) Request, receive, and review proposals from applicants
 1295  seeking grant funds.
 1296         (4) Determine the amount of grant funds each awardee may
 1297  receive and award grant funds to applicants.
 1298         (5) Develop a monitoring process to evaluate grant
 1299  awardees, which may include an annual monitoring visit to each
 1300  awardee’s local office.
 1301         (6) Ensure that persons or organizations awarded grant
 1302  funds meet and adhere to the requirements of this act.
 1303         Section 42. Effective January 1, 2016, section 744.714,
 1304  Florida Statutes, is renumbered as section 744.2108, Florida
 1305  Statutes, and paragraph (b) of subsection (1) and paragraph (b)
 1306  of subsection (2) of that section are amended, to read:
 1307         744.2108744.714 Eligibility.—
 1308         (1) Any person or organization that has not been awarded a
 1309  grant must meet all of the following conditions to be eligible
 1310  to receive a grant:
 1311         (b) The applicant must have already been appointed by, or
 1312  is pending appointment by, the Statewide Public Guardianship
 1313  Office of Public and Professional Guardians to become an office
 1314  of public guardian in this state.
 1315         (2) Any person or organization that has been awarded a
 1316  grant must meet all of the following conditions to be eligible
 1317  to receive another grant:
 1318         (b) The applicant must have been appointed by, or is
 1319  pending reappointment by, the Statewide Public Guardianship
 1320  Office of Public and Professional Guardians to be an office of
 1321  public guardian in this state.
 1322         Section 43. Section 744.715, Florida Statutes, is
 1323  renumbered as section 744.2109, Florida Statutes, and
 1324  subsections (2) and (4) of that section are amended, to read:
 1325         744.2109 744.715 Grant application requirements; review
 1326  criteria; awards process.—Grant applications must be submitted
 1327  to the Statewide Public Guardianship Office of Public and
 1328  Professional Guardians for review and approval.
 1329         (2) If the Statewide Public Guardianship Office of Public
 1330  and Professional Guardians determines that an applicant meets
 1331  the requirements for an award of grant funds, the office may
 1332  award the applicant any amount of grant funds the executive
 1333  director deems appropriate, if the amount awarded meets the
 1334  requirements of this act. The office may adopt a rule allocating
 1335  the maximum allowable amount of grant funds which may be
 1336  expended on any ward.
 1337         (4)(a) In the first year of the Joining Forces for Public
 1338  Guardianship program’s existence, the Statewide Public
 1339  Guardianship Office of Public and Professional Guardians shall
 1340  give priority in awarding grant funds to those entities that:
 1341         1. Are operating as appointed offices of public guardians
 1342  in this state;
 1343         2. Meet all of the requirements for being awarded a grant
 1344  under this act; and
 1345         3. Demonstrate a need for grant funds during the current
 1346  fiscal year due to a loss of local funding formerly raised
 1347  through court filing fees.
 1348         (b) In each fiscal year after the first year that grant
 1349  funds are distributed, the Statewide Public Guardianship Office
 1350  of Public and Professional Guardians may give priority to
 1351  awarding grant funds to those entities that:
 1352         1. Meet all of the requirements of this act for being
 1353  awarded grant funds; and
 1354         2. Submit with their application an agreement or
 1355  confirmation from a local funding source, such as a county,
 1356  municipality, or any other public or private organization, that
 1357  the local funding source will contribute matching funds totaling
 1358  an amount equal to or exceeding $2 for every $1 of grant funds
 1359  awarded by the office. An entity may submit with its application
 1360  agreements or confirmations from multiple local funding sources
 1361  showing that the local funding sources will pool their
 1362  contributed matching funds to the public guardianship program
 1363  for a combined total of not less than $2 for every $1 of grant
 1364  funds awarded. In-kind contributions allowable under this
 1365  section shall be evaluated by the Statewide Public Guardianship
 1366  Office of Public and Professional Guardians and may be counted
 1367  as part or all of the local matching funds.
 1368         Section 44. Effective January 1, 2016, section 744.701,
 1369  Florida Statutes, is repealed.
 1370         Section 45. Effective January 1, 2016, section 744.702,
 1371  Florida Statutes, is repealed.
 1372         Section 46. Effective January 1, 2016, section 744.7101,
 1373  Florida Statutes, is repealed.
 1374         Section 47. Effective January 1, 2016, section 744.711,
 1375  Florida Statutes, is repealed.
 1376         Section 48. Effective January 1, 2016, subsection (5) of
 1377  section 400.148, Florida Statutes, is amended to read:
 1378         400.148 Medicaid “Up-or-Out” Quality of Care Contract
 1379  Management Program.—
 1380         (5) The agency shall, jointly with the Statewide Public
 1381  Guardianship Office of Public and Professional Guardians,
 1382  develop a system in the pilot project areas to identify Medicaid
 1383  recipients who are residents of a participating nursing home or
 1384  assisted living facility who have diminished ability to make
 1385  their own decisions and who do not have relatives or family
 1386  available to act as guardians in nursing homes listed on the
 1387  Nursing Home Guide Watch List. The agency and the Statewide
 1388  Public Guardianship Office of Public and Professional Guardians
 1389  shall give such residents priority for publicly funded
 1390  guardianship services.
 1391         Section 49. Effective January 1, 2016, subsection (3),
 1392  paragraph (c) of subsection (4), and subsections (5) and (6) of
 1393  section 744.3135, Florida Statutes, are amended to read:
 1394         744.3135 Credit and criminal investigation.—
 1395         (3) For professional guardians, the court and the Statewide
 1396  Public Guardianship Office of Public and Professional Guardians
 1397  shall accept the satisfactory completion of a criminal history
 1398  record check by any method described in this subsection. A
 1399  professional guardian satisfies the requirements of this section
 1400  by undergoing an electronic fingerprint criminal history record
 1401  check. A professional guardian may use any electronic
 1402  fingerprinting equipment used for criminal history record
 1403  checks. The Statewide Public Guardianship Office of Public and
 1404  Professional Guardians shall adopt a rule detailing the
 1405  acceptable methods for completing an electronic fingerprint
 1406  criminal history record check under this section. The
 1407  professional guardian shall pay the actual costs incurred by the
 1408  Federal Bureau of Investigation and the Department of Law
 1409  Enforcement for the criminal history record check. The entity
 1410  completing the record check must immediately send the results of
 1411  the criminal history record check to the clerk of the court and
 1412  the Statewide Public Guardianship Office of Public and
 1413  Professional Guardians. The clerk of the court shall maintain
 1414  the results in the professional guardian’s file and shall make
 1415  the results available to the court.
 1416         (4)
 1417         (c) The Department of Law Enforcement shall search all
 1418  arrest fingerprints received under s. 943.051 against the
 1419  fingerprints retained in the statewide automated biometric
 1420  identification system under paragraph (b). Any arrest record
 1421  that is identified with the fingerprints of a person described
 1422  in this paragraph must be reported to the clerk of court. The
 1423  clerk of court must forward any arrest record received for a
 1424  professional guardian to the Statewide Public Guardianship
 1425  Office of Public and Professional Guardians within 5 days. Each
 1426  professional guardian who elects to submit fingerprint
 1427  information electronically shall participate in this search
 1428  process by paying an annual fee to the Statewide Public
 1429  Guardianship Office of Public and Professional Guardians of the
 1430  Department of Elderly Affairs and by informing the clerk of
 1431  court and the Statewide Public Guardianship Office of Public and
 1432  Professional Guardians of any change in the status of his or her
 1433  guardianship appointment. The amount of the annual fee to be
 1434  imposed for performing these searches and the procedures for the
 1435  retention of professional guardian fingerprints and the
 1436  dissemination of search results shall be established by rule of
 1437  the Department of Law Enforcement. At least once every 5 years,
 1438  the Statewide Public Guardianship Office of Public and
 1439  Professional Guardians must request that the Department of Law
 1440  Enforcement forward the fingerprints maintained under this
 1441  section to the Federal Bureau of Investigation.
 1442         (5)(a) A professional guardian, and each employee of a
 1443  professional guardian who has a fiduciary responsibility to a
 1444  ward, must complete, at his or her own expense, an investigation
 1445  of his or her credit history before and at least once every 2
 1446  years after the date of the guardian’s registration with the
 1447  Statewide Public Guardianship Office of Public and Professional
 1448  Guardians.
 1449         (b) The Statewide Public Guardianship Office of Public and
 1450  Professional Guardians shall adopt a rule detailing the
 1451  acceptable methods for completing a credit investigation under
 1452  this section. If appropriate, the Statewide Public Guardianship
 1453  Office of Public and Professional Guardians may administer
 1454  credit investigations. If the office chooses to administer the
 1455  credit investigation, the office may adopt a rule setting a fee,
 1456  not to exceed $25, to reimburse the costs associated with the
 1457  administration of a credit investigation.
 1458         (6) The Statewide Public Guardianship Office of Public and
 1459  Professional Guardians may inspect at any time the results of
 1460  any credit or criminal history record check of a public or
 1461  professional guardian conducted under this section. The office
 1462  shall maintain copies of the credit or criminal history record
 1463  check results in the guardian’s registration file. If the
 1464  results of a credit or criminal investigation of a public or
 1465  professional guardian have not been forwarded to the Statewide
 1466  Public Guardianship Office of Public and Professional Guardians
 1467  by the investigating agency, the clerk of the court shall
 1468  forward copies of the results of the investigations to the
 1469  office upon receiving them.
 1470         Section 50. Effective January 1, 2016, paragraph (a) of
 1471  subsection (1) of section 20.415, Florida Statutes, is amended
 1472  to read:
 1473         20.415 Department of Elderly Affairs; trust funds.—The
 1474  following trust funds shall be administered by the Department of
 1475  Elderly Affairs:
 1476         (1) Administrative Trust Fund.
 1477         (a) Funds to be credited to and uses of the trust fund
 1478  shall be administered in accordance with ss. 215.32, 744.534,
 1479  and 744.2001 744.7021.
 1480         Section 51. Effective January 1, 2016, paragraph (e) of
 1481  subsection (2) of section 415.1102, Florida Statutes, is amended
 1482  to read:
 1483         415.1102 Adult protection teams.—
 1484         (2) Such teams may be composed of, but need not be limited
 1485  to:
 1486         (e) Public and professional guardians as described in part
 1487  II IX of chapter 744.
 1488         Section 52. Effective January 1, 2016, section 744.524,
 1489  Florida Statutes, is amended to read:
 1490         744.524 Termination of guardianship on change of domicile
 1491  of resident ward.—When the domicile of a resident ward has
 1492  changed as provided in s. 744.1098 s. 744.2025, and the foreign
 1493  court having jurisdiction over the ward at the ward’s new
 1494  domicile has appointed a guardian and that guardian has
 1495  qualified and posted a bond in an amount required by the foreign
 1496  court, the guardian in this state may file her or his final
 1497  report and close the guardianship in this state. The guardian of
 1498  the property in this state shall cause a notice to be published
 1499  once a week for 2 consecutive weeks, in a newspaper of general
 1500  circulation published in the county, that she or he has filed
 1501  her or his accounting and will apply for discharge on a day
 1502  certain and that jurisdiction of the ward will be transferred to
 1503  the state of foreign jurisdiction. If an objection is filed to
 1504  the termination of the guardianship in this state, the court
 1505  shall hear the objection and enter an order either sustaining or
 1506  overruling the objection. Upon the disposition of all objections
 1507  filed, or if no objection is filed, final settlement shall be
 1508  made by the Florida guardian. On proof that the remaining
 1509  property in the guardianship has been received by the foreign
 1510  guardian, the guardian of the property in this state shall be
 1511  discharged. The entry of the order terminating the guardianship
 1512  in this state shall not exonerate the guardian or the guardian’s
 1513  surety from any liability previously incurred.
 1514         Section 53. Sections 709.2109 and 744.3203, Florida
 1515  Statutes, as created by this act, apply to all proceedings filed
 1516  on or after July 1, 2015. The amendments made by this act to ss.
 1517  744.107, 744.1075, 744.108, 744.3025, 744.3031, 744.309,
 1518  744.3115, 744.312, 744.345, 744.359, 744.361, 744.367, 744.369,
 1519  744.3715, and 744.464, Florida Statutes, apply to all
 1520  proceedings pending on July 1, 2015.
 1521         Section 54. Except as otherwise expressly provided in this
 1522  act, this act shall take effect July 1, 2015.
 1523  
 1524  ================= T I T L E  A M E N D M E N T ================
 1525  And the title is amended as follows:
 1526         Delete everything before the enacting clause
 1527  and insert:
 1528                        A bill to be entitled                      
 1529         An act relating to guardianship; providing directives
 1530         to the Division of Law Revision and Information;
 1531         amending s. 709.2109, F.S.; requiring the filing of a
 1532         motion before termination or suspension of a power of
 1533         attorney in proceedings to determine a principal’s
 1534         incapacity or for appointment of a guardian advocate
 1535         under certain circumstances; amending s. 744.1012,
 1536         F.S.; revising legislative intent; amending ss.
 1537         744.107 and 744.1075, F.S.; authorizing a court to
 1538         appoint the office of criminal conflict and civil
 1539         regional counsel as a court monitor in certain
 1540         guardianship proceedings; amending s. 744.108, F.S.;
 1541         providing that fees and costs incurred by an attorney
 1542         who has rendered services to a ward in compensation
 1543         proceedings are payable from guardianship assets;
 1544         providing that expert testimony is not required in
 1545         proceedings to determine compensation for an attorney
 1546         or guardian; requiring a person offering expert
 1547         testimony to provide notice to interested persons;
 1548         providing that expert witness fees are recoverable by
 1549         the prevailing interested person; renumbering s.
 1550         744.201, F.S.; renumbering and amending s. 744.202,
 1551         F.S.; conforming a cross-reference; renumbering s.
 1552         744.2025, F.S.; amending s. 744.3025, F.S.; providing
 1553         that a court may appoint a guardian ad litem to
 1554         represent a minor if necessary to protect the minor’s
 1555         interest in a settlement; providing that a settlement
 1556         of a minor’s claim is subject to certain
 1557         confidentiality provisions; removing an obsolete
 1558         provision; amending s. 744.3031, F.S.; requiring
 1559         notification of an alleged incapacitated person and
 1560         such person’s attorney of a petition for appointment
 1561         of an emergency temporary guardian before a hearing on
 1562         the petition commences; prohibiting the payment of the
 1563         emergency temporary guardian’s final fees and his or
 1564         her final attorney fees until a final report is filed;
 1565         amending s. 744.309, F.S.; providing that certain for
 1566         profit corporations may act as the guardian of a
 1567         person; providing conditions; requiring the posting
 1568         and maintenance of a fiduciary bond; limiting
 1569         liability; requiring the corporation to maintain
 1570         certain insurance coverage; providing for certain
 1571         grandfathered guardianships; amending s. 744.3115,
 1572         F.S.; directing the court to specify authority for
 1573         health care decisions with respect to a ward’s advance
 1574         directive; amending s. 744.312, F.S.; prohibiting a
 1575         court from giving preference to the appointment of
 1576         certain persons as guardians; providing requirements
 1577         for the appointment of professional guardians;
 1578         creating s. 744.3203, F.S.; providing grounds for
 1579         filing a motion for suspension of a power of attorney
 1580         before determination of incapacity; providing criteria
 1581         for such motion; requiring a hearing under certain
 1582         conditions; providing for the award of attorney fees
 1583         and costs; amending s. 744.331, F.S.; directing the
 1584         court to consider certain factors when determining
 1585         incapacity; requiring that the examining committee be
 1586         paid from state funds as court-appointed expert
 1587         witnesses if a petition for incapacity is dismissed;
 1588         requiring that a petitioner reimburse the state for
 1589         such expert witness fees if the court finds the
 1590         petition to have been filed in bad faith; conforming a
 1591         provision to changes made by the act; renumbering and
 1592         amending s. 744.344, F.S.; requiring that a
 1593         professional guardian appointed by a court to
 1594         represent an allegedly incapacitated person be
 1595         selected from a registry of professional guardians;
 1596         requiring the chief judge of a circuit court to
 1597         compile a list of professional guardians by county and
 1598         provide the list to the clerk of court in each county;
 1599         providing conditions under which the court is
 1600         authorized to appoint an emergency temporary guardian;
 1601         amending s. 744.345, F.S.; requiring that all letters
 1602         of guardianship state the extent to which the guardian
 1603         is authorized to act on behalf of the ward; creating
 1604         s. 744.359, F.S.; prohibiting abuse, neglect, or
 1605         exploitation of a ward by a guardian; requiring
 1606         reporting thereof to the central abuse hotline of the
 1607         Department of Children and Families; providing for
 1608         interpretation; amending s. 744.361, F.S.; providing
 1609         additional powers and duties of a guardian; amending
 1610         s. 744.367, F.S.; revising the period during which a
 1611         guardian must file an annual guardianship plan with
 1612         the court; amending s. 744.369, F.S.; providing for
 1613         the continuance of a guardian’s authority to act under
 1614         an expired annual report under certain circumstances;
 1615         amending s. 744.3715, F.S.; providing that an
 1616         interested party may petition the court regarding a
 1617         guardian’s failure to comply with the duties of a
 1618         guardian; amending s. 744.464, F.S.; establishing the
 1619         burden of proof for determining restoration of
 1620         capacity of a ward in pending guardianship cases;
 1621         requiring a court to advance such cases on the
 1622         calendar; renumbering and amending s. 744.7021, F.S.;
 1623         revising the responsibilities of the executive
 1624         director for the Office of Public and Professional
 1625         Guardians; conforming provisions to changes made by
 1626         the act; renumbering and amending s. 744.1083, F.S.;
 1627         deleting a provision authorizing the executive
 1628         director to suspend or revoke the registration of a
 1629         guardian who commits certain violations; removing the
 1630         requirement of written notification to the chief judge
 1631         of the judicial circuit upon the executive director’s
 1632         denial, suspension, or revocation of a registration;
 1633         conforming provisions to changes made by the act;
 1634         conforming a cross-reference; renumbering and amending
 1635         s. 744.1085, F.S.; removing an obsolete provision;
 1636         conforming provisions to changes made by the act;
 1637         conforming a cross-reference; creating s. 744.2004,
 1638         F.S.; requiring the Office of Public and Professional
 1639         Guardians to adopt rules; requiring the office, under
 1640         certain circumstances, to make a specified
 1641         recommendation to a court of competent jurisdiction;
 1642         renumbering and amending s. 744.703, F.S.; conforming
 1643         provisions to changes made by the act; renumbering ss.
 1644         744.704 and 744.705, F.S.; renumbering and amending
 1645         ss. 744.706 and 744.707, F.S.; conforming provisions
 1646         to changes made by the act; renumbering s. 744.709,
 1647         F.S.; renumbering and amending ss. 744.708, 744.7081,
 1648         and 744.7082, F.S.; conforming provisions to changes
 1649         made by the act; renumbering and amending s. 744.712,
 1650         F.S.; providing legislative intent; conforming
 1651         provisions; renumbering and amending ss. 744.713,
 1652         744.714, and 744.715, F.S.; conforming provisions to
 1653         changes made by the act; repealing s. 744.701, F.S.;
 1654         relating to a short title; repealing s. 744.702, F.S.;
 1655         relating to legislative intent; repealing s. 744.7101,
 1656         F.S.; relating to a short title; repealing s. 744.711,
 1657         F.S.; relating to legislative findings and intent;
 1658         amending ss. 400.148 and 744.3135, F.S.; conforming
 1659         provisions to changes made by the act; amending ss.
 1660         20.415, 415.1102, and 744.524, F.S.; conforming cross
 1661         references; making technical changes; providing
 1662         applicability; providing effective dates.