Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 994
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Rules (Passidomo) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 43 - 60
    4  and insert:
    5         Section 2. Section 744.441, Florida Statutes, is amended to
    6  read:
    7         744.441 Powers of guardian upon court approval.—After
    8  obtaining approval of the court pursuant to a petition for
    9  authorization to act:,
   10         (1) A plenary guardian of the property, or a limited
   11  guardian of the property within the powers granted by the order
   12  appointing the guardian or an approved annual or amended
   13  guardianship report, may:
   14         (a)(1) Perform, compromise, or refuse performance of a
   15  ward’s contracts that continue as obligations of the estate, as
   16  he or she may determine under the circumstances.
   17         (b)(2) Execute, exercise, or release any powers as trustee,
   18  personal representative, custodian for minors, conservator, or
   19  donee of any power of appointment or other power that the ward
   20  might have lawfully exercised, consummated, or executed if not
   21  incapacitated, if the best interest of the ward requires such
   22  execution, exercise, or release.
   23         (c)(3) Make ordinary or extraordinary repairs or
   24  alterations in buildings or other structures; demolish any
   25  improvements; or raze existing, or erect new, party walls or
   26  buildings.
   27         (d)(4) Subdivide, develop, or dedicate land to public use;
   28  make or obtain the vacation of plats and adjust boundaries;
   29  adjust differences in valuation on exchange or partition by
   30  giving or receiving consideration; or dedicate easements to
   31  public use without consideration.
   32         (e)(5) Enter into a lease as lessor or lessee for any
   33  purpose, with or without option to purchase or renew, for a term
   34  within, or extending beyond, the period of guardianship.
   35         (f)(6) Enter into a lease or arrangement for exploration
   36  and removal of minerals or other natural resources or enter into
   37  a pooling or unitization agreement.
   38         (g)(7) Abandon property when, in the opinion of the
   39  guardian, it is valueless or is so encumbered or in such
   40  condition that it is of no benefit to the estate.
   41         (h)(8) Pay calls, assessments, and other sums chargeable or
   42  accruing against, or on account of, securities.
   43         (i)(9) Borrow money, with or without security, to be repaid
   44  from the property or otherwise and advance money for the
   45  protection of the estate.
   46         (j)(10) Effect a fair and reasonable compromise with any
   47  debtor or obligor or extend, renew, or in any manner modify the
   48  terms of any obligation owing to the estate.
   49         (k)(11) Prosecute or defend claims or proceedings in any
   50  jurisdiction for the protection of the estate and of the
   51  guardian in the performance of his or her duties. Before
   52  authorizing a guardian to bring an action described in s.
   53  736.0207, the court shall first find that the action appears to
   54  be in the ward’s best interests during the ward’s probable
   55  lifetime. There shall be a rebuttable presumption that an action
   56  challenging the ward’s revocation of all or part of a trust is
   57  not in the ward’s best interests if the revocation relates
   58  solely to a devise. This paragraph subsection does not preclude
   59  a challenge after the ward’s death. If the court denies a
   60  request that a guardian be authorized to bring an action
   61  described in s. 736.0207, the court shall review the continued
   62  need for a guardian and the extent of the need for delegation of
   63  the ward’s rights.
   64         (l)(12) Sell, mortgage, or lease any real or personal
   65  property of the estate, including homestead property, or any
   66  interest therein for cash or credit, or for part cash and part
   67  credit, and with or without security for unpaid balances.
   68         (m)(13) Continue any unincorporated business or venture in
   69  which the ward was engaged.
   70         (n)(14) Purchase the entire fee simple title to real estate
   71  in this state in which the guardian has no interest, but the
   72  purchase may be made only for a home for the ward, to protect
   73  the home of the ward or the ward’s interest, or as a home for
   74  the ward’s dependent family. If the ward is a married person and
   75  the home of the ward or of the dependent family of the ward is
   76  owned by the ward and spouse as an estate by the entirety and
   77  the home is sold pursuant to the authority of paragraph (l)
   78  subsection (12), the court may authorize the investment of any
   79  part or all of the proceeds from the sale toward the purchase of
   80  a fee simple title to real estate in this state for a home for
   81  the ward or the dependent family of the ward as an estate by the
   82  entirety owned by the ward and spouse. If the guardian is
   83  authorized to acquire title to real estate for the ward or
   84  dependent family of the ward as an estate by the entirety in
   85  accordance with the preceding provisions, the conveyance shall
   86  be in the name of the ward and spouse and shall be effective to
   87  create an estate by the entirety in the ward and spouse.
   88         (o)(15) Exercise any option contained in any policy of
   89  insurance payable to, or inuring to the benefit of, the ward.
   90         (p)(16) Pay reasonable funeral, interment, and grave marker
   91  expenses for the ward from the ward’s estate.
   92         (q)(17) Make gifts of the ward’s property to members of the
   93  ward’s family in estate and income tax planning procedures.
   94         (r)(18) When the ward’s will evinces an objective to obtain
   95  a United States estate tax charitable deduction by use of a
   96  split interest trust (as that term is defined in s. 736.1201),
   97  but the maximum charitable deduction otherwise allowable will
   98  not be achieved in whole or in part, execute a codicil on the
   99  ward’s behalf amending said will to obtain the maximum
  100  charitable deduction allowable without diminishing the aggregate
  101  value of the benefits of any beneficiary under such will.
  102         (s)(19) Create or amend revocable trusts or create
  103  irrevocable trusts of property of the ward’s estate which may
  104  extend beyond the disability or life of the ward in connection
  105  with estate, gift, income, or other tax planning or in
  106  connection with estate planning. The court shall retain
  107  oversight of the assets transferred to a trust, unless otherwise
  108  ordered by the court.
  109         (t)(20) Renounce or disclaim any interest by testate or
  110  intestate succession or by inter vivos transfer.
  111         (u)(21) Enter into contracts that are appropriate for, and
  112  in the best interest of, the ward.
  113         (v)(22) As to a minor ward, pay expenses of the ward’s
  114  support, health, maintenance, and education, if the ward’s
  115  parents, or either of them, are alive.
  116         (2)A plenary guardian or a limited guardian of a ward may
  117  sign an order not to resuscitate as provided in s. 401.45(3).
  118  When a plenary guardian or a limited guardian of a ward seeks to
  119  obtain approval of the court to sign an order not to
  120  resuscitate, if required by exigent circumstances, the
  121  procedures for expedited judicial intervention under rule 5.900
  122  of the Florida Probate Rules apply, and the court must hold a
  123  preliminary hearing within 72 hours after the petition is filed.
  125  ================= T I T L E  A M E N D M E N T ================
  126  And the title is amended as follows:
  127         Delete lines 4 - 9
  128  and insert:
  129         appointing a guardian; amending s. 744.441, F.S.;
  130         authorizing certain guardians to sign an order not to
  131         resuscitate; requiring the court to use specified
  132         procedures for expedited judicial intervention under
  133         certain circumstances; amending s. 744.334,