Florida Senate - 2021                                    SB 1010
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00214B-21                                          20211010__
    1                        A bill to be entitled                      
    2         An act relating to supported decision-making; amending
    3         s. 393.12, F.S.; requiring that petitions submitted in
    4         support of appointment of a guardian advocate state
    5         the petitioner’s efforts to use alternatives to
    6         guardianship before seeking such appointment;
    7         requiring courts to determine whether a person with a
    8         developmental disability has executed a supported
    9         decision-making agreement in proceedings in which a
   10         guardian advocate is appointed; requiring courts to
   11         specify in orders any portion of an agreement which is
   12         suspended by the court; prohibiting such suspensions
   13         unless the court makes certain determinations;
   14         amending s. 744.102, F.S.; defining the term
   15         “alternative to guardianship”; amending s. 744.3201,
   16         F.S.; requiring that petitions submitted in support of
   17         a determination of incapacity state the petitioner’s
   18         efforts to use alternatives to guardianship before
   19         seeking such a determination; amending s. 744.334,
   20         F.S.; deleting the definition of the term
   21         “alternatives to guardianship”; amending s. 744.3675,
   22         F.S.; revising requirements for annual guardianship
   23         plans; creating ch. 746, F.S., entitled “Supported
   24         Decision-Making”; providing a directive to the
   25         Division of Law Revision; creating s. 746.101, F.S.;
   26         providing a short title; creating s. 746.102, F.S.;
   27         providing legislative findings; creating s. 746.103,
   28         F.S.; defining terms; creating s. 746.104, F.S.;
   29         prohibiting adults from entering into supported
   30         decision-making agreements unless specified conditions
   31         are met; providing a presumption of capacity for
   32         adults; specifying that the manner in which an adult
   33         with a disability communicates with others is not
   34         grounds for a court to determine that the adult is
   35         incapable of managing his or her affairs; prohibiting
   36         an adult’s execution of a supported decision-making
   37         agreement from being used as evidence of his or her
   38         incapacity; specifying that the execution of such
   39         agreements does not preclude the ability of
   40         decisionmakers to act independently of the agreement
   41         or of their supporters; specifying that decisionmakers
   42         are considered to have capacity even if capacity is
   43         achieved by receiving decisionmaking assistance;
   44         authorizing a decisionmaker to make, change, and
   45         revoke a supported decision-making agreement even if
   46         he or she does not have the capacity to independently
   47         manage his or her health care, legal matters, and
   48         financial affairs; creating s. 746.105, F.S.;
   49         authorizing adults with disabilities to enter into
   50         supported decision-making agreements with supporters;
   51         requiring and authorizing supporters to perform
   52         specified actions under such agreements; authorizing
   53         adults with disabilities who are under guardianship or
   54         guardian advocacy to enter into supported decision
   55         making agreements under certain conditions; providing
   56         that supported decision-making agreements may refer to
   57         and be used in conjunction with other legal documents;
   58         authorizing decisionmakers to designate a supporter to
   59         act as a preneed guardian; creating s. 746.106, F.S.;
   60         providing requirements for execution of a supported
   61         decision-making agreement; creating s. 746.107, F.S.;
   62         providing for the duration and termination of
   63         supported decision-making agreements; creating s.
   64         746.108, F.S.; authorizing supporters to assist
   65         decisionmakers with obtaining certain information;
   66         requiring decisionmakers to provide specific consent
   67         before a supporter provides such assistance; providing
   68         duties for supporters relating to such information;
   69         creating s. 746.109, F.S.; specifying elements of
   70         supported decision-making agreements; specifying
   71         provisions that may be included in such agreements;
   72         creating s. 746.1011, F.S.; providing a suggested form
   73         for supported decision-making agreements; creating s.
   74         746.1012, F.S.; requiring that decisions and requests
   75         communicated with the assistance of a supporter be
   76         recognized as decisions and requests of the
   77         decisionmaker; creating s. 746.1013, F.S.; providing
   78         that persons who are provided with supported decision
   79         making agreements may rely on the agreements;
   80         providing that a person is not subject to criminal or
   81         civil liability and has not engaged in professional
   82         misconduct for certain acts and omissions under
   83         specified conditions; providing immunity from certain
   84         actions to certain health care providers and public
   85         and private entities, custodians, and organizations,
   86         under certain conditions; requiring educational
   87         agencies and institutions to allow supporters to
   88         participate in certain school functions and meetings
   89         and have access to educational records under certain
   90         conditions; providing construction; creating s.
   91         746.1014, F.S.; requiring public schools to provide
   92         information about supported decision-making agreements
   93         under certain conditions; requiring public schools to
   94         ensure that certain informational materials include
   95         information relating to supported decision-making;
   96         requiring public schools to provide information and
   97         training to specified staff members; amending s.
   98         744.2003, F.S.; conforming a cross-reference;
   99         providing an effective date.
  100          
  101  Be It Enacted by the Legislature of the State of Florida:
  102  
  103         Section 1. Subsections (3) and (7) of section 393.12,
  104  Florida Statutes, are amended to read:
  105         393.12 Capacity; appointment of guardian advocate.—
  106         (3) PETITION.—A petition to appoint a guardian advocate for
  107  a person with a developmental disability may be executed by an
  108  adult person who is a resident of this state. The petition must
  109  be verified and must do all of the following:
  110         (a) State the name, age, and present address of the
  111  petitioner and his or her relationship to the person with a
  112  developmental disability.;
  113         (b) State the name, age, county of residence, and present
  114  address of the person with a developmental disability.;
  115         (c) Allege that the petitioner believes that the person
  116  needs a guardian advocate and specify the factual information on
  117  which such belief is based.;
  118         (d) State the petitioner’s efforts to use alternatives to
  119  guardianship, as defined in s. 744.102, before seeking the
  120  appointment of a guardian advocate, including:
  121         1.The alternatives to guardianship which were considered
  122  and implemented;
  123         2.If alternatives to guardianship were not considered or
  124  implemented, the reason why alternatives to guardianship were
  125  not considered or implemented; and
  126         3.Any reasons why alternatives to guardianship are
  127  insufficient to meet the needs of the person with a
  128  developmental disability and allow that person to exercise his
  129  or her own rights.
  130         (e) Specify the exact areas in which the person lacks the
  131  decisionmaking ability to make informed decisions about his or
  132  her care and treatment services or to meet the essential
  133  requirements for his or her physical health or safety.;
  134         (f)(e) Specify the legal disabilities to which the person
  135  is subject.; and
  136         (g)(f) State the name of the proposed guardian advocate
  137  and, the relationship of that person to the person with a
  138  developmental disability; the relationship that the proposed
  139  guardian advocate had or has with a provider of health care
  140  services, residential services, or other services to the person
  141  with a developmental disability; and the reason why this person
  142  should be appointed. If a willing and qualified guardian
  143  advocate cannot be located, the petition shall so state.
  144         (7) ADVANCE DIRECTIVES FOR HEALTH CARE, AND DURABLE POWER
  145  OF ATTORNEY, AND SUPPORTED DECISION-MAKING AGREEMENTS.—In each
  146  proceeding in which a guardian advocate is appointed under this
  147  section, the court shall determine whether the person with a
  148  developmental disability has executed any valid advance
  149  directive under chapter 765, or a durable power of attorney
  150  under chapter 709, or a supported decision-making agreement
  151  under chapter 746.
  152         (a) If the person with a developmental disability has
  153  executed an advance directive, a or durable power of attorney,
  154  or a supported decision-making agreement, the court must
  155  consider and find whether the documents will sufficiently
  156  address the needs of the person with a developmental disability
  157  for whom the guardian advocate is sought. A guardian advocate
  158  may not be appointed if the court finds that the advance
  159  directive, or durable power of attorney, or supported decision
  160  making agreement provides an alternative to the appointment of a
  161  guardian advocate which will sufficiently address the needs of
  162  the person with a developmental disability.
  163         (b) If an interested person seeks to contest an advance
  164  directive, a or durable power of attorney, or a supported
  165  decision-making agreement executed by a person with a
  166  developmental disability, the interested person shall file a
  167  verified statement. The verified statement shall include the
  168  factual basis for the belief that the advance directive, or
  169  durable power of attorney, or supported decision-making
  170  agreement is invalid or does not sufficiently address the needs
  171  of the person for whom a guardian advocate is sought or that the
  172  person with authority under the advance directive, or durable
  173  power of attorney, or supported decision-making agreement is
  174  abusing his or her power.
  175         (c) If an advance directive exists, the court shall specify
  176  in its order and letters of guardian advocacy what authority, if
  177  any, the guardian advocate shall exercise over the person’s
  178  health care surrogate. Pursuant to the grounds listed in s.
  179  765.105, the court, upon its own motion, may, with notice to the
  180  health care surrogate and any other appropriate parties, modify
  181  or revoke the authority of the health care surrogate to make
  182  health care decisions for the person with a developmental
  183  disability. For purposes of this section, the term “health care
  184  decision” has the same meaning as in s. 765.101.
  185         (d) If any durable power of attorney exists, the court
  186  shall specify in its order and letters of guardian advocacy what
  187  powers of the agent, if any, are suspended and granted to the
  188  guardian advocate. The court, however, may not suspend any
  189  powers of the agent unless the court determines the durable
  190  power of attorney is invalid or there is an abuse by the agent
  191  of the powers granted.
  192         (e)If a supported decision-making agreement exists, the
  193  court must specify in its order and letters of guardian advocacy
  194  any part of the agreement which is suspended; however, the court
  195  may not suspend any part of the supported decision-making
  196  agreement unless it determines that the supported decision
  197  making agreement is invalid or there is an abuse by any of the
  198  supporters.
  199         Section 2. Present subsections (1) through (22) of section
  200  744.102, Florida Statutes, are redesignated as subsections (2)
  201  through (23), respectively, and a new subsection (1) is added to
  202  that section, to read:
  203         744.102 Definitions.—As used in this chapter, the term:
  204         (1)”Alternative to guardianship” means an approach to
  205  meeting a person’s needs which preserves more of his or her
  206  rights than would the appointment of a guardian. Alternatives to
  207  guardianship include, but are not limited to, an advance
  208  directive as defined in s. 765.101, a durable power of attorney
  209  as provided in chapter 709, a representative payee under 42
  210  U.S.C. s. 1007, a trust instrument as defined in s. 736.0103,
  211  the designation of a health care surrogate as provided in
  212  chapter 765, or a supported decision-making agreement as
  213  provided in chapter 746.
  214         Section 3. Subsection (2) of section 744.3201, Florida
  215  Statutes, is amended to read:
  216         744.3201 Petition to determine incapacity.—
  217         (2) The petition must be verified and must:
  218         (a) State the name, age, and present address of the
  219  petitioner and his or her relationship to the alleged
  220  incapacitated person;
  221         (b) State the name, age, county of residence, and present
  222  address of the alleged incapacitated person;
  223         (c) Specify the primary language spoken by the alleged
  224  incapacitated person, if known;
  225         (d) Allege that the petitioner believes the alleged
  226  incapacitated person to be incapacitated and specify the factual
  227  information on which such belief is based and the names and
  228  addresses of all persons known to the petitioner who have
  229  knowledge of such facts through personal observations;
  230         (e) State the name and address of the alleged incapacitated
  231  person’s attending or family physician, if known;
  232         (f) State which rights enumerated in s. 744.3215 the
  233  alleged incapacitated person is incapable of exercising, to the
  234  best of petitioner’s knowledge. If the petitioner has
  235  insufficient experience to make such judgments, the petition
  236  must so state; and
  237         (g) State the names, relationships, and addresses of the
  238  next of kin of the alleged incapacitated person, so far as are
  239  known, specifying the dates of birth of any who are minors; and
  240         (h)State the petitioner’s efforts to use alternatives to
  241  guardianship, as defined in s. 744.102, before seeking a
  242  determination of incapacity, including:
  243         1.The alternatives to guardianship which were considered
  244  and implemented;
  245         2.If alternatives to guardianship were not considered or
  246  implemented, the reason why alternatives to guardianship were
  247  not considered or implemented; and
  248         3.Any reasons why alternatives to guardianship are
  249  insufficient to meet the needs of the alleged incapacitated
  250  person and allow that person to exercise his or her own rights.
  251         Section 4. Subsection (1) of section 744.334, Florida
  252  Statutes, is amended to read:
  253         744.334 Petition for appointment of guardian or
  254  professional guardian; contents.—
  255         (1) Every petition for the appointment of a guardian shall
  256  be verified by the petitioner and shall contain statements, to
  257  the best of petitioner’s knowledge and belief, showing the name,
  258  age, residence, and post office address of the alleged
  259  incapacitated person or minor; the nature of her or his
  260  incapacity, if any; the extent of guardianship desired, either
  261  plenary or limited; the residence and post office address of the
  262  petitioner; the names and addresses of the next of kin of the
  263  alleged incapacitated person or minor, if known to the
  264  petitioner; the name of the proposed guardian and the reasons
  265  why she or he should be appointed guardian; whether the proposed
  266  guardian is a professional guardian; the relationship and
  267  previous relationship of the proposed guardian to the alleged
  268  incapacitated person or minor; any other type of guardianship
  269  under part III of this chapter or alternatives to guardianship
  270  that the alleged incapacitated person or minor has designated or
  271  is in currently or has been in previously; the reasons why a
  272  guardian advocate under s. 744.3085 or other alternatives to
  273  guardianship are insufficient to meet the needs of the alleged
  274  incapacitated person or minor; and the nature and value of
  275  property subject to the guardianship. The petition must state
  276  whether a willing and qualified guardian cannot be located. As
  277  used in this subsection, the term “alternatives to guardianship”
  278  means an advance directive as defined in s. 765.101, a durable
  279  power of attorney as provided in chapter 709, a representative
  280  payee under 42 U.S.C. s. 1007, or a trust instrument as defined
  281  in s. 736.0103.
  282         Section 5. Subsection (3) of section 744.3675, Florida
  283  Statutes, is amended to read:
  284         744.3675 Annual guardianship plan.—Each guardian of the
  285  person must file with the court an annual guardianship plan
  286  which updates information about the condition of the ward. The
  287  annual plan must specify the current needs of the ward and how
  288  those needs are proposed to be met in the coming year.
  289         (3) Each plan for an adult ward must address the issue of
  290  restoration of rights to the ward and include:
  291         (a) A summary of activities during the preceding year that
  292  were designed to enhance the capacity of the ward, including
  293  whether supported decision-making as provided in chapter 746 was
  294  implemented. If supported decision-making was not implemented,
  295  the plan must have a statement explaining the reason why it was
  296  not implemented.
  297         (b) A statement of whether the ward can have any rights
  298  restored.
  299         (c) A statement of whether restoration of any rights will
  300  be sought.
  301         Section 6. The Division of Law Revision is directed to
  302  create chapter 746, Florida Statutes, consisting of ss. 746.101
  303  746.1014, Florida Statutes, to be entitled “Supported Decision
  304  Making.”
  305         Section 7. Section 746.101, Florida Statutes, is created to
  306  read:
  307         746.101Short title.—This chapter may be cited as the
  308  “Florida Supported Decision-Making Law.”
  309         Section 8. Section 746.102, Florida Statutes, is created to
  310  read:
  311         746.102Legislative findings.—The Legislature finds that:
  312         (1)All adults, with or without disabilities, should be
  313  able to choose to live in the manner they wish.
  314         (2)All adults should have the ability to be informed about
  315  and participate in the management of their affairs.
  316         (3)Adjudicating a person totally incapacitated and in need
  317  of a guardian deprives the person of all of his or her civil and
  318  legal rights and that this deprivation may be unnecessary.
  319         (4)Supported decision-making is recognized as a less
  320  restrictive alternative to guardianship and guardian advocacy.
  321         Section 9. Section 746.103, Florida Statutes, is created to
  322  read:
  323         746.103Definitions.—For purposes of this chapter, the
  324  term:
  325         (1)“Adult” means a person 18 years of age or older, or a
  326  person under 18 years of age whose disability of minority has
  327  been removed by marriage or otherwise.
  328         (2)“Decisionmaker” means an adult with a disability who
  329  has entered into a supported decision-making agreement with a
  330  supporter.
  331         (3)“Disability” means, with respect to a person, a
  332  physical or mental impairment that substantially limits one or
  333  more major life activities, or a record of such an impairment.
  334         (4)“Supported decision-making” means a process of
  335  supporting and accommodating an adult with a disability in order
  336  to assist him or her in understanding the options,
  337  responsibilities, and consequences of life decisions and
  338  enabling the adult to make life decisions, including decisions
  339  related to where he or she wants to live; the services,
  340  supports, and medical care he or she wants to receive; and where
  341  the adult wants to work, without impeding the self-determination
  342  of the adult.
  343         (5)“Supported decision-making agreement” means an
  344  agreement between a decisionmaker and one or more supporters
  345  entered into under this chapter.
  346         (6)“Supporter” means an adult who has entered into a
  347  supported decision-making agreement with a decisionmaker to
  348  support the decisionmaker.
  349         Section 10. Section 746.104, Florida Statutes, is created
  350  to read:
  351         746.104Capacity.—
  352         (1)An adult may not enter into a supported decision-making
  353  agreement unless the adult:
  354         (a)Enters into the agreement voluntarily and without
  355  coercion or undue influence; and
  356         (b)Understands the nature and effect of the agreement.
  357         (2)An adult, with or without a disability, is presumed to
  358  be capable of managing his or her affairs and to have capacity
  359  unless otherwise determined by a court in accordance with ss.
  360  744.3201-744.331.
  361         (3)The manner in which an adult with a disability
  362  communicates with others is not grounds for a court to determine
  363  that the adult is incapable of managing his or her affairs.
  364         (4)Execution of a supported decision-making agreement may
  365  not be used as evidence of incapacity and does not preclude the
  366  ability of the decisionmaker to act independently of the
  367  agreement and of his or her supporters.
  368         (5)For purposes of this chapter, a decisionmaker is
  369  considered to have capacity even if the capacity is achieved by
  370  receiving decisionmaking assistance.
  371         (6)A decisionmaker may make, change, or revoke a supported
  372  decision-making agreement even if the decisionmaker does not
  373  have the capacity to independently manage his or her health
  374  care, legal matters, or financial affairs.
  375         Section 11. Section 746.105, Florida Statutes, is created
  376  to read:
  377         746.105Supported decision-making agreements.—
  378         (1)An adult with a disability may voluntarily, without
  379  undue influence or coercion, enter into a supported decision
  380  making agreement with a supporter under which the decisionmaker
  381  authorizes the supporter to do any of the following:
  382         (a)Provide supported decision-making, including assistance
  383  in understanding the options, responsibilities, and consequences
  384  of the decisionmaker’s life decisions, without making those
  385  decisions on behalf of the decisionmaker.
  386         (b)Assist the decisionmaker in accessing, collecting, and
  387  obtaining information that is relevant to a given life decision,
  388  including medical, psychological, financial, educational, or
  389  treatment records, from any person or entity, in accordance with
  390  s. 746.108.
  391         (c)Assist the decisionmaker in understanding the
  392  information described by paragraph (b).
  393         (d)Assist the decisionmaker in communicating his or her
  394  decisions to appropriate persons.
  395         (2)A supporter shall exercise only the authority expressly
  396  granted to the supporter in the supported decision-making
  397  agreement.
  398         (3)A supporter may access the decisionmaker’s personal
  399  information only to the extent authorized in the supported
  400  decision-making agreement.
  401         (4)A supporter shall act with the care, competence, and
  402  diligence ordinarily exercised by individuals in similar
  403  circumstances, with due regard either to the possession of, or
  404  lack of, special skills or expertise. A supporter is not a
  405  fiduciary of the decisionmaker, unless the supporter has been
  406  appointed as such in another legal document, including, but not
  407  limited to, a power of attorney.
  408         (5)An adult with a disability who is under guardianship or
  409  guardian advocacy may enter into a supported decision-making
  410  agreement if his or her guardian or guardian advocate grants
  411  approval in writing of the supported decision-making agreement.
  412  The adult with a disability does not need approval from the
  413  guardian or guardian advocate if the supported decision-making
  414  agreement will only affect rights that were not removed by the
  415  court.
  416         (6)Supported decision-making agreements may refer to and
  417  be used in conjunction with other legal documents, including,
  418  but not limited to, any of the following:
  419         (a)A designation of a health care surrogate as provided in
  420  chapter 765.
  421         (b)A power of attorney as provided in chapter 709.
  422         (c)A trust instrument as defined in s. 736.0103.
  423         (d)An advance directive as defined in s. 765.101.
  424         (7)A decisionmaker may designate a supporter to act as a
  425  preneed guardian as defined in s. 744.102.
  426         Section 12. Section 746.106, Florida Statutes, is created
  427  to read:
  428         746.106Execution of supported decision-making agreements.—
  429         (1)A supported decision-making agreement must be signed
  430  voluntarily, without coercion or undue influence, by the
  431  decisionmaker and the supporter.
  432         (2)The decisionmaker and the supporter must sign the
  433  supported decision-making agreement in the presence of two
  434  subscribing adult witnesses or must sign the agreement before a
  435  notary public.
  436         (3)A decisionmaker or a supporter who is unable to
  437  physically sign the supported decision-making agreement may, in
  438  the presence of witnesses, direct another person to sign the
  439  decisionmaker’s or supporter’s name. If the supported decision
  440  making agreement is acknowledged before a notary public, the
  441  notary public may sign the decisionmaker’s or supporter’s name
  442  pursuant to s. 117.05(14).
  443         (4)The decisionmaker and the supporter may not act as
  444  witness to the execution of the supported decision-making
  445  agreement. At least one person who acts as a witness must be a
  446  person other than the decisionmaker’s spouse or a blood
  447  relative.
  448         Section 13. Section 746.107, Florida Statutes, is created
  449  to read:
  450         746.107Duration; termination.—
  451         (1)A supported decision-making agreement remains in effect
  452  until terminated by either party, by the terms of the agreement,
  453  or by court order.
  454         (2)A supported decision-making agreement may be terminated
  455  by the decisionmaker by giving notice to the supporter orally,
  456  in writing, through an assistive technology device, or by any
  457  other act showing a specific intent to terminate the agreement.
  458         (3)A supported decision-making agreement may be terminated
  459  by a supporter by providing written notice of the supporter’s
  460  resignation to the decisionmaker and all other supporters
  461  appointed in the agreement. If the decisionmaker cannot
  462  understand a written notice, notice must also be provided in the
  463  decisionmaker’s preferred method of communication. If a
  464  supported decision-making agreement includes more than one
  465  supporter, a supporter can terminate the agreement only as to
  466  that supporter.
  467         (4)A supported decision-making agreement may be terminated
  468  by any additional method specified in the agreement.
  469         (5)If any person initiates judicial proceedings to
  470  determine the decisionmaker’s incapacity or for the appointment
  471  of a guardian advocate, the supported decision-making agreement
  472  remains in effect until the court enters an order determining
  473  otherwise. However, any related documents where surrogate
  474  decisionmaking power was granted by the decisionmaker, including
  475  a power of attorney or designation of a health care surrogate,
  476  shall be treated in accordance with chapter 744 and the relevant
  477  authorizing statute.
  478         Section 14. Section 746.108, Florida Statutes, is created
  479  to read:
  480         746.108Access to information.—
  481         (1)A supporter may assist the decisionmaker with obtaining
  482  any information to which the decisionmaker is entitled,
  483  including, but not limited to, protected health information
  484  under the Health Insurance Portability and Accountability Act of
  485  1996, 42 U.S.C. s. 1320d, educational records under the Family
  486  Educational Rights and Privacy Act of 1974, 20 U.S.C. s. 1232g,
  487  or information protected by 42 U.S.C. s. 290dd-2 and 42 C.F.R.
  488  part 2. Before the supporter assists the decisionmaker with
  489  obtaining such information, the decisionmaker must provide his
  490  or her signed and dated specific consent for the supporter to
  491  provide assistance.
  492         (2)The supporter shall ensure all information collected on
  493  behalf of the decisionmaker under this section is kept
  494  privileged and confidential, as applicable; is not subject to
  495  unauthorized access, use, or disclosure; and is properly
  496  disposed of when appropriate.
  497         Section 15. Section 746.109, Florida Statutes, is created
  498  to read:
  499         746.109Elements of a supported decision-making agreement.—
  500         (1)A supported decision-making agreement must do all of
  501  the following:
  502         (a)Identify the decisionmaker.
  503         (b)Name at least one supporter.
  504         (c)Describe the decisionmaking assistance that each
  505  supporter may provide the decisionmaker.
  506         (d)State the duration of the supported decision-making
  507  agreement and how it can be terminated or changed.
  508         (e)Provide a notice to third parties describing the
  509  purpose of the supported decision-making agreement.
  510         (f)Provide instructions on how to report abuse, neglect,
  511  or exploitation of the decisionmaker, including the website,
  512  telephone number, teletype number, and fax number for the
  513  Department of Children and Families’ Florida Abuse Hotline.
  514         (g)Include, for each supporter, a signed declaration of
  515  supporter, as provided in s. 746.1011(10).
  516         (2)A supported decision-making agreement may do any of the
  517  following:
  518         (a)Appoint more than one supporter.
  519         (b)Appoint an alternate to act in the place of a supporter
  520  under circumstances specified in the agreement.
  521         (c)Authorize a supporter to share information with any
  522  other supporter or other person named in the agreement.
  523         (d)Refer to other legal documents, such as a power of
  524  attorney as provided in chapter 709.
  525         (e)Include signed approval from a guardian or guardian
  526  advocate, if appropriate, as provided under s. 746.105(5).
  527         Section 16. Section 746.1011, Florida Statutes, is created
  528  to read:
  529         746.1011Suggested form.—A supported decision-making
  530  agreement may, but need not, be in the following form:
  531  
  532                         STATUTORY FORM FOR                        
  533                 SUPPORTED DECISION-MAKING AGREEMENT               
  534  
  535      SUPPORTED DECISION-MAKING AGREEMENT OF ...(print name)...    
  536  
  537  This is the Supported Decision-Making Agreement of ...(print
  538  name)..., date of birth ...., of ...(city)..., Florida.
  539  
  540         (1)INTRODUCTION.I,........, want to have one or more
  541  persons I trust help me make decisions, obtain and understand
  542  the information I need to make my decisions, and tell other
  543  people about my decisions. The people who will help me are my
  544  “supporters.”
  545         This is a written agreement between me (“decisionmaker”)
  546  and each of my supporters. I am stating in this agreement what
  547  kind of help each of my supporters will give me and whether I
  548  will delegate any powers to them to exercise on my behalf.
  549  
  550         UNLESS EXPRESSLY AUTHORIZED TO DO SO, A SUPPORTER APPOINTED
  551  UNDER THIS AGREEMENT DOES NOT MAKE DECISIONS FOR ME.
  552  
  553         Each of my supporters may exercise their authority
  554  independently:
  555         Yes .... No ....
  556  
  557         My supporters may share information with each other:
  558         Yes .... No ....
  559  
  560         (2)SUPPORTERS AND POWERS GRANTED TO SUPPORTERS.These are
  561  my supporters and how they will help me make decisions:
  562         SUPPORTER NO. 1
  563         Name:...(name)...
  564         Address:...(address)...
  565         Telephone:...(telephone)...
  566         E-mail:...(e-mail)...
  567  
  568         I want this supporter to help me with (Make a cross mark X
  569  in the space before each description, as desired):
  570         .... Making choices about food and clothing.
  571         .... Making choices about where and with whom I live.
  572         .... Making choices about my health and health care.
  573         .... Making choices about how I spend my time.
  574         .... Making choices about where I work.
  575         .... Making choices about my education.
  576         .... Making choices about my support services, including
  577  applying for public benefits and seeking home care services,
  578  such as laundry and cooking, transportation, and companionship.
  579         .... Making choices about how I spend my money and how I
  580  save my money, including managing any public benefits I may
  581  receive.
  582         .... Making choices about legal matters.
  583         .... Making choices about .... .....
  584         .... Making choices about .... .....
  585         .... Making choices about .... .....
  586         .... Making choices about .... .....
  587  
  588         I want this supporter to help me by: .... .... .....
  589  
  590         I do not want this supporter to help me by: .... .... .....
  591  
  592         I am attaching another legal document, such as a power of
  593  attorney or a health care surrogate designation, for this
  594  supporter:
  595         Yes .... No ....
  596  
  597         SUPPORTER NO. 2
  598         Name:...(name)...
  599         Address:...(address)...
  600         Telephone:...(telephone)...
  601         E-mail:...(e-mail)...
  602  
  603         I want this supporter to help me with (Make a cross mark X
  604  in the space before each description, as desired):
  605         .... Making choices about food and clothing.
  606         .... Making choices about where and with whom I live.
  607         .... Making choices about my health and health care.
  608         .... Making choices about how I spend my time.
  609         .... Making choices about where I work.
  610         .... Making choices about my education.
  611         .... Making choices about my support services, including
  612  applying for public benefits and seeking home care services,
  613  such as laundry and cooking, transportation, and companionship.
  614         .... Making choices about how I spend my money and how I
  615  save my money, including managing any public benefits I may
  616  receive.
  617         .... Making choices about legal matters.
  618         .... Making choices about .... .....
  619         .... Making choices about .... .....
  620         .... Making choices about .... .....
  621         .... Making choices about .... .....
  622  
  623         I want this supporter to help me by: .... .... .....
  624  
  625         I do not want this supporter to help me by: .... .... .....
  626  
  627         I am attaching another legal document, such as a power of
  628  attorney or a health care surrogate designation, for this
  629  supporter:
  630         Yes .... No ....
  631  
  632         ALTERNATE SUPPORTER.If one of my supporters dies, becomes
  633  unable to act as my supporter, refuses to act as my supporter,
  634  or terminates the supporter’s part of this agreement, I want the
  635  following person to become my supporter and help me with the
  636  areas the original supporter was helping me with:
  637  
  638         Name:...(name)...
  639         Address:...(address)...
  640         Telephone:...(telephone)...
  641         E-mail:...(e-mail)...
  642  
  643         (3)PRENEED GUARDIAN(S).I want the following supporters,
  644  in this order, to be my preneed guardians, as described in s.
  645  744.3045, Florida Statutes, in case a court ever determines that
  646  I need a guardian.
  647         1. ...(name)...
  648         2. ...(name)...
  649         3. ...(name)...
  650  
  651         If I appoint a preneed guardian, I understand that I must
  652  sign this agreement myself in the presence of at least two
  653  attesting witnesses present at the same time.
  654  
  655         (4)INFORMATION ACCESS FORMS.I am attaching to this
  656  agreement:
  657  
  658         A form that allows my supporter(s) to obtain my health
  659  information under the Health Insurance Portability and
  660  Accountability Act:
  661         Yes .... No ....
  662  
  663         A form that allows my supporter(s) to access my educational
  664  records under the Family Educational Rights and Privacy Act of
  665  1974:
  666         Yes .... No ....
  667  
  668         (5)GUARDIANS AND GUARDIAN ADVOCATES.If I have a guardian
  669  or guardian advocate and this agreement relates to any of the
  670  rights that have been delegated to my guardian or guardian
  671  advocate, my guardian or guardian advocate must approve this
  672  agreement by signing section 12. (If true, make a cross mark X
  673  before the item below):
  674  
  675         .... My guardian or guardian advocate has signed section 12
  676  of this agreement, approving my use of this agreement.
  677  
  678         (6)NOTICE TO THIRD PARTIES.This is a summary of the
  679  rights and obligations of a supporter as provided under chapter
  680  746, Florida Statutes, which authorizes me to enter into this
  681  agreement. A supporter does not make decisions for the
  682  decisionmaker, but a supporter may provide a decisionmaker with
  683  help when making decisions, obtaining information for decisions,
  684  communicating decisions, and understanding the options,
  685  responsibilities, and consequences of decisions. A supporter may
  686  accompany the decisionmaker and participate in discussions with
  687  other persons. The decisionmaker sets out in this agreement the
  688  areas in which the supporter may help the decisionmaker with
  689  decisions. A third party must recognize a decision or request of
  690  the decisionmaker which is made or communicated with the
  691  assistance of a supporter as the decision or request of the
  692  decisionmaker. The decisionmaker or supporter may enforce the
  693  decision or request in law or equity. A decisionmaker may act
  694  without the help of the supporter.
  695  
  696         (7)DURATION AND TERMINATION OF AGREEMENT.I can end all or
  697  part of this agreement at any time by giving notice to my
  698  supporter(s) orally, in writing, through an assistive technology
  699  device, or by ..... This agreement starts ...(date)... and will
  700  continue until the agreement is terminated by myself or my
  701  supporter(s).
  702  
  703         (8)SIGNATURE OF DECISIONMAKER.I know that I do not have
  704  to sign this agreement. I am entering into this agreement
  705  voluntarily and without coercion or undue influence. I
  706  understand the nature and effect of this agreement. I know that
  707  I can change this agreement at any time.
  708  
  709         Signature: ...(sign your name)...
  710         Printed Name:...(print your name)...
  711         Telephone:...(telephone)...
  712         E-mail:...(e-mail)...
  713         Date:...(date)...
  714  
  715         (9)SIGNATURES OF SUPPORTERS.
  716         Signature of Supporter No. 1
  717         Signature: ...(sign your name)...
  718         Printed Name: ...(print your name)...
  719         Date: ...(date)...
  720  
  721         Signature of Supporter No. 2
  722         Signature: ...(sign your name)...
  723         Printed Name: ...(print your name)...
  724         Date: ...(date)...
  725  
  726         Signature of Alternate Supporter
  727         Signature: ...(sign your name)...
  728         Printed Name: ...(print your name)...
  729         Date: ...(date)...
  730  
  731         (10)DECLARATIONS OF SUPPORTERS.
  732         DECLARATION OF SUPPORTER NO. 1.
  733         I,...(print your name)..., am the decisionmaker’s
  734  ...(relationship to the decisionmaker).... I am willing to act
  735  as the decisionmaker’s supporter. I understand that my job as a
  736  supporter is to help the decisionmaker make decisions, obtain
  737  and understand information for decisions, communicate decisions,
  738  and understand the options, responsibilities, and consequences
  739  of decisions. My support may include giving the decisionmaker
  740  information in a way that the decisionmaker can understand,
  741  discussing pros and cons of decisions, and helping the
  742  decisionmaker communicate the decisionmaker’s decisions. I will
  743  act with the care, competence, and diligence ordinarily
  744  exercised by individuals in similar circumstances, with due
  745  regard either to the possession of, or lack of, special skills
  746  or expertise. I know that I may exercise only the authority
  747  expressly granted to me in this agreement. I know that I may not
  748  make decisions for the decisionmaker, unless expressly
  749  authorized to do so in this agreement. I will not exert undue
  750  influence on the decisionmaker. I will not sign on behalf of the
  751  decisionmaker or provide an electronic signature of the
  752  decisionmaker to a third party, unless expressly authorized to
  753  do so in another legal document such as a power of attorney. I
  754  will access the decisionmaker’s personal information only to the
  755  extent authorized in this agreement. I will ensure all
  756  information collected on behalf of the decisionmaker is kept
  757  private and confidential; is not subject to unauthorized access,
  758  use, or disclosure; and is properly disposed of when
  759  appropriate. I will not use information I receive under this
  760  agreement for a purpose other than as authorized by the
  761  decisionmaker for decisionmaking, unless the decisionmaker
  762  consents to another use. I understand that under chapter 825,
  763  Florida Statutes, it is a crime to commit acts of abuse,
  764  neglect, or exploitation against a person with a disability and
  765  that the penalty for doing so may include fines and prison time.
  766  
  767         Signature: ...(sign your name)...
  768         Printed Name: ...(print your name)...
  769         Date: ...(date)...
  770  
  771         DECLARATION OF SUPPORTER NO. 2.
  772         I,_...(print your name)..., am the decisionmaker’s
  773  ...(relationship to the decisionmaker).... I am willing to act
  774  as the decisionmaker’s supporter. I understand that my job as a
  775  supporter is to help the decisionmaker make decisions, obtain
  776  and understand information for decisions, communicate decisions,
  777  and understand the options, responsibilities, and consequences
  778  of decisions. My support may include giving the decisionmaker
  779  information in a way that the decisionmaker can understand,
  780  discussing pros and cons of decisions, and helping the
  781  decisionmaker communicate the decisionmaker’s decisions. I will
  782  act with the care, competence, and diligence ordinarily
  783  exercised by individuals in similar circumstances, with due
  784  regard either to the possession of, or lack of, special skills
  785  or expertise. I know that I may exercise only the authority
  786  expressly granted to me in this agreement. I know that I may not
  787  make decisions for the decisionmaker, unless expressly
  788  authorized to do so in this agreement. I will not exert undue
  789  influence on the decisionmaker. I will not sign on behalf of the
  790  decisionmaker or provide an electronic signature of the
  791  decisionmaker to a third party, unless expressly authorized to
  792  do so in another legal document such as a power of attorney. I
  793  will access the decisionmaker’s personal information only to the
  794  extent authorized in this agreement. I will ensure all
  795  information collected on behalf of the decisionmaker is kept
  796  private and confidential; is not subject to unauthorized access,
  797  use, or disclosure; and is properly disposed of when
  798  appropriate. I will not use information I receive under this
  799  agreement for a purpose other than as authorized by the
  800  decisionmaker for decisionmaking, unless the decisionmaker
  801  consents to another use. I understand that under chapter 825,
  802  Florida Statutes, it is a crime to commit acts of abuse,
  803  neglect, or exploitation against a person with a disability and
  804  that the penalty for doing so may include fines and prison time.
  805  
  806         Signature: ...(sign your name)...
  807         Printed Name: ...(print your name)...
  808         Date: ...(date)...
  809  
  810         (11)NOTARIZATION OR WITNESSING.The signatures on this
  811  agreement must be either (1) notarized, or (2) witnessed by two
  812  witnesses.
  813  
  814         NOTARIZATION
  815  
  816         STATE OF FLORIDA
  817         COUNTY OF ....
  818  
  819         The foregoing instrument was acknowledged before me by
  820  means of .... physical presence or .... online notarization,
  821  this .... day of_...., ...., by the decisionmaker and supporters
  822  signed above.
  823  
  824         ............
  825         Signature of Notary Public – State of Florida
  826  
  827         ............
  828         Print, Type, or Stamp Commissioned Name of Notary Public
  829  
  830         DECISIONMAKER, ....
  831         .... Personally Known OR .... Produced Identification
  832         Type of Identification Produced ........
  833  
  834         SUPPORTER NO. 1, ....
  835         .... Personally Known OR .... Produced Identification
  836         Type of Identification Produced ........
  837  
  838         SUPPORTER NO. 2, ....
  839         .... Personally Known OR .... Produced Identification
  840         Type of Identification Produced ........
  841  
  842         ALTERNATE SUPPORTER, ....
  843         .... Personally Known OR .... Produced Identification
  844         Type of Identification Produced ........
  845  
  846         WITNESSING
  847  
  848         If the signatures are not notarized, two adults must
  849  witness the signatures of the decisionmaker, the supporter(s),
  850  and any alternate supporter. If this agreement designates a
  851  preneed guardian, it must be signed before two attesting
  852  witnesses present at the same time. A witness CANNOT be a
  853  supporter named in this agreement.
  854  
  855         Witness Signature: ...(sign your name)...
  856         Printed Name: _...(print your name)...
  857         Date: ...(date)...
  858  
  859         Witness Signature: ...(sign your name)...
  860         Printed Name: _...(print your name)...
  861         Date: ...(date)...
  862  
  863         (12)APPROVAL BY GUARDIAN OR GUARDIAN ADVOCATE.
  864         I, ...., am the .... guardian OR .... guardian advocate of
  865  .... I have read and understand the nature and effect of this
  866  agreement. I approve the use of this agreement by ... to obtain
  867  support in making decisions.
  868  
  869         Signature: ...(sign your name)...
  870         Printed Name: _...(print your name)...
  871         Date: ...(date)...
  872  
  873         WARNING: PROTECTION FOR DECISIONMAKER
  874  
  875         IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS
  876  AWARE OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE
  877  THAT THE ADULT NAMED AS A DECISIONMAKER IS BEING ABUSED,
  878  NEGLECTED, OR EXPLOITED BY THE SUPPORTER, THE PERSON MAY REPORT
  879  THE ALLEGED ABUSE, NEGLECT, OR EXPLOITATION TO THE FLORIDA
  880  DEPARTMENT OF CHILDREN AND FAMILIES’ FLORIDA ABUSE HOTLINE:
  881  
  882         ONLINE: https://reportabuse.dcf.state.fl.us/
  883         PHONE: 1-800-962-2873
  884         FLORIDA RELAY: 711
  885         TTY: 800-955-8771
  886         FAX: 800-914-0004
  887         Section 17. Section 746.1012, Florida Statutes, is created
  888  to read:
  889         746.1012Recognition of supporters.—A decision or request
  890  communicated with the assistance of a supporter in conformity
  891  with this chapter must be recognized for the purposes of any
  892  provision of law as the decision or request of the decisionmaker
  893  and may be enforced by the decisionmaker or supporter in law or
  894  equity on the same basis as a decision or request of the
  895  decisionmaker.
  896         Section 18. Section 746.1013, Florida Statutes, is created
  897  to read:
  898         746.1013Reliance on agreement; limitation of liability.—
  899         (1)A person who is provided with an original supported
  900  decision-making agreement, or a copy of the supported decision
  901  making agreement, may rely on the agreement.
  902         (2) A person is not subject to criminal or civil liability
  903  and has not engaged in professional misconduct for an act or
  904  omission if the act or omission is done in good faith and in
  905  reliance upon a supported decision-making agreement.
  906         (3) Any health care provider, as defined in s. 408.07, who
  907  provides health care based on the consent of a decisionmaker,
  908  made with a supporter provided through a duly executed supported
  909  decision-making agreement, or who respects and acts consistently
  910  with the authority given to a supporter by a duly executed
  911  supported decision-making agreement shall be immune from any
  912  action alleging that the agreement was invalid unless the
  913  entity, custodian, or organization had actual knowledge or
  914  notice that the decisionmaker had revoked such authorization or
  915  that the agreement was invalid.
  916         (4) Any public or private entity, custodian, or
  917  organization that discloses personal information about a
  918  decisionmaker to a supporter who is authorized to access or
  919  assist the decisionmaker in accessing that information shall be
  920  immune from any action alleging that it improperly or unlawfully
  921  disclosed such information to the supporter, unless the entity,
  922  custodian, or organization had actual knowledge that the
  923  decisionmaker had revoked such authorization.
  924         (5)Any public or private educational agency or institution
  925  may rely on any supported decision-making agreement and shall
  926  allow the participation of supporters authorized by the
  927  supported decision-making agreement in all educational events,
  928  activities, meetings, and conferences, including individual
  929  education plan meetings in public schools. Educational entities
  930  shall also provide authorized supporters with access to
  931  educational records upon receipt of a signed and dated specific
  932  consent, as described in s. 746.108.
  933         (6) This section may not be construed to provide immunity
  934  from actions alleging that an entity or a person has done any of
  935  the following:
  936         (a)Caused personal injury as a result of a negligent,
  937  reckless, or intentional act.
  938         (b)Acted inconsistently with the expressed wishes of the
  939  decisionmaker.
  940         (c)In the case of a health care provider, failed to
  941  provide information to either a decisionmaker or the
  942  decisionmaker’s supporter which would be necessary for informed
  943  consent.
  944         (d)Otherwise acted inconsistently with applicable law.
  945         (7) The existence or availability of a supported decision
  946  making agreement does not relieve any entity or person of any
  947  legal obligation to provide services to persons with
  948  disabilities, including the obligation to provide reasonable
  949  accommodations or auxiliary aids and services, including
  950  interpretation services and communication supports, to
  951  individuals with disabilities under the Americans with
  952  Disabilities Act.
  953         Section 19. Section 746.1014, Florida Statutes, is created
  954  to read:
  955         746.1014Supported decision-making in public schools.—
  956         (1)When a public school provides information regarding
  957  guardianship to students, parents, guardians, or any other
  958  person exercising supervisory authority over a student in place
  959  of a parent, the school must also provide information about
  960  supported decision-making agreements.
  961         (2)Each public school shall ensure that any informational
  962  materials, including documents, brochures, and presentations,
  963  which provide information on guardianship include information on
  964  supported decision-making and the process for signing a
  965  supported decision-making agreement as provided under this
  966  chapter. A public school may comply with this section by
  967  revising materials as they are due to be printed in regular
  968  course, or by revising materials by July 1, 2024, whichever
  969  occurs later.
  970         (3)Each public school shall provide information and
  971  training on supported decision-making to all staff members who
  972  are tasked with assisting with or providing information on a
  973  student’s transition to postsecondary education and career
  974  opportunities. A public school may comply with this section by
  975  incorporating the topic of supported decision-making into its
  976  regularly scheduled meetings, trainings, and events.
  977         Section 20. Subsection (3) of section 744.2003, Florida
  978  Statutes, is amended to read:
  979         744.2003 Regulation of professional guardians; application;
  980  bond required; educational requirements.—
  981         (3) Each professional guardian defined in s. 744.102(18) s.
  982  744.102(17) and public guardian must receive a minimum of 40
  983  hours of instruction and training. Each professional guardian
  984  must receive a minimum of 16 hours of continuing education every
  985  2 calendar years after the year in which the initial 40-hour
  986  educational requirement is met. The instruction and education
  987  must be completed through a course approved or offered by the
  988  Office of Public and Professional Guardians. The expenses
  989  incurred to satisfy the educational requirements prescribed in
  990  this section may not be paid with the assets of any ward. This
  991  subsection does not apply to any attorney who is licensed to
  992  practice law in this state or an institution acting as guardian
  993  under s. 744.2002(7).
  994         Section 21. This act shall take effect July 1, 2021.