Florida Senate - 2019                                    SB 1188
       By Senator Gruters
       23-00616A-19                                          20191188__
    1                        A bill to be entitled                      
    2         An act relating to courts; amending s. 28.345, F.S.;
    3         specifying that certain exemptions from court-related
    4         fees and charges apply to certain entities; amending
    5         s. 744.2008, F.S.; requiring the court to waive any
    6         court costs or filing fees for certain proceedings
    7         involving public guardians; amending s. 744.3675,
    8         F.S.; providing that a certain examination report
    9         related to annual guardianship plans may be prepared
   10         by a physician assistant or an advanced practice
   11         registered nurse; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 28.345, Florida Statutes, is amended to
   16  read:
   17         28.345 State access to records; exemption from court
   18  related fees and charges.—
   19         (1) Notwithstanding any other provision of law, the clerk
   20  of the circuit court shall, upon request, provide access to
   21  public records without charge to the state attorney, public
   22  defender, guardian ad litem, public guardian, attorney ad litem,
   23  criminal conflict and civil regional counsel, and private court
   24  appointed counsel paid by the state, and to authorized staff
   25  acting on their behalf. The clerk of court may provide the
   26  requested public record in an electronic format in lieu of a
   27  paper format if the requesting entity is capable of accessing
   28  such public record electronically.
   29         (2) Notwithstanding any other provision of this chapter or
   30  law to the contrary, judges and those court staff acting on
   31  behalf of judges, state attorneys, guardians ad litem, public
   32  guardians, attorneys ad litem, court-appointed private counsel,
   33  criminal conflict and civil regional counsel, public defenders,
   34  and state agencies, while acting in their official capacity, are
   35  exempt from all court-related fees and charges assessed by the
   36  clerks of the circuit courts.
   37         (3) The exemptions from fees or charges provided in this
   38  section apply only to entities listed in subsections (1) and
   39  (2), state agencies and state entities, and the party
   40  represented by the agency or entity.
   41         Section 2. Subsection (2) of section 744.2008, Florida
   42  Statutes, is amended to read:
   43         744.2008 Costs of public guardian.—
   44         (2) In any proceeding for appointment of a public guardian,
   45  or in any proceeding involving the estate of a ward for whom a
   46  public guardian has been appointed guardian, the court shall may
   47  waive any court costs or filing fees.
   48         Section 3. Paragraph (b) of subsection (1) of section
   49  744.3675, Florida Statutes, is amended to read:
   50         744.3675 Annual guardianship plan.—Each guardian of the
   51  person must file with the court an annual guardianship plan
   52  which updates information about the condition of the ward. The
   53  annual plan must specify the current needs of the ward and how
   54  those needs are proposed to be met in the coming year.
   55         (1) Each plan for an adult ward must, if applicable,
   56  include:
   57         (b) Information concerning the medical and mental health
   58  conditions and treatment and rehabilitation needs of the ward,
   59  including:
   60         1. A resume of any professional medical treatment given to
   61  the ward during the preceding year.
   62         2. The report of a physician, a physician assistant acting
   63  pursuant to s. 458.347(4)(d) or s. 459.022(4)(d), or an advanced
   64  practice registered nurse acting pursuant to s. 464.012(3), who
   65  examined the ward no more than 90 days before the beginning of
   66  the applicable reporting period. The report must contain an
   67  evaluation of the ward’s condition and a statement of the
   68  current level of capacity of the ward.
   69         3. The plan for providing medical, mental health, and
   70  rehabilitative services in the coming year.
   71         Section 4. This act shall take effect July 1, 2019.