Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 368
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Appropriations (Baxley) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 44.407, Florida Statutes, is created to
    6  read:
    7         44.407Elder-focused dispute resolution process.—
    8         (1)LEGISLATIVE FINDINGS.—The Legislature finds that:
    9         (a)Denying an elder a voice in decisions regarding himself
   10  or herself may negatively affect the elder’s health and well
   11  being, as well as deprive the elder of his or her legal rights.
   12  Even if an elder is losing capacity to make major decisions for
   13  himself or herself, the elder is still entitled to the dignity
   14  of having his or her voice heard.
   15         (b)In conjunction with proceedings in court, it is in the
   16  best interest of an elder, his or her family members, and
   17  legally recognized decisionmakers to have access to a
   18  nonadversarial process to resolve disputes relating to an elder
   19  which focuses on the elder’s wants, needs, and best interests.
   20  Such a process will protect and preserve the elder’s exercisable
   21  rights.
   22         (c)By recognizing that every elder, including those whose
   23  capacity is being questioned, has unique needs, unique
   24  interests, and differing abilities, the Legislature intends for
   25  this section to promote the public welfare by establishing a
   26  unique dispute resolution option to complement and enhance, not
   27  replace, other services, such as the provision of legal
   28  information or legal representation; financial advice;
   29  individual or family therapy; medical, psychological, or
   30  psychiatric evaluation; or mediation, specifically for issues
   31  related to the care and needs of elders. The Legislature intends
   32  that this section be liberally construed to accomplish these
   33  goals.
   34         (2)DEFINITIONS.—As used in this section, the term:
   35         (a)1.“Action” means a proceeding in which a party sought
   36  or seeks a judgment or an order from the court to:
   37         a.Determine, pursuant to s. 744.331, whether someone is or
   38  is not incapacitated.
   39         b.Appoint or remove a guardian or guardian advocate.
   40         c.Review any actions of a guardian.
   41         d.Execute an investigation pursuant to s. 415.104.
   42         e.Review an agent’s actions pursuant to s. 709.2116.
   43         f.Review a proxy’s decision pursuant to s. 765.105.
   44         g.Enter an injunction for the protection of an elder under
   45  s. 825.1035.
   46         h.Follow up on a complaint made to the Office of Public
   47  and Professional Guardians pursuant to s. 744.2004.
   48         i.At the discretion of the presiding judge, address any
   49  other matters pending before the court which involve the care
   50  and safety of an elder.
   51         2. The term may be applied only to using eldercaring
   52  coordination solely to address disputes regarding the care and
   53  safety of the elder. The term does not include actions brought
   54  under chapter 732, chapter 733, or chapter 736.
   55         (b)“Care and safety” means the condition of the aging
   56  person’s general physical, mental, emotional, psychological, and
   57  social well-being. The term does not include:
   58         1.A determination of capacity by the court under s.
   59  744.331(5) or (6); or
   60         2.Unless the parties agree otherwise, matters relating to
   61  the elder’s estate planning, agent designations under chapter
   62  709, or surrogate designations under chapter 765; trusts in
   63  which the elder is a grantor, fiduciary, or beneficiary; or
   64  other similar financially focused matters.
   65         (c)“Elder” means a person 60 years of age or older who is
   66  alleged to be suffering from the infirmities of aging as
   67  manifested by a physical, mental, or emotional dysfunction to
   68  the extent that the elder’s ability to provide adequately for
   69  the protection or care of his or her own person or property is
   70  impaired.
   71         (d)“Eldercaring coordination” means an elder-focused
   72  dispute resolution process during which an eldercaring
   73  coordinator assists an elder, legally authorized decisionmakers,
   74  and others who participate by court order or by invitation of
   75  the eldercaring coordinator, in resolving disputes regarding the
   76  care and safety of an elder by:
   77         1.Facilitating more effective communication and
   78  negotiation and the development of problem-solving skills.
   79         2.Providing education about eldercare resources.
   80         3.Facilitating the creation, modification, or
   81  implementation of an eldercaring plan and reassessing it as
   82  necessary to reach a resolution of ongoing disputes concerning
   83  the care and safety of the elder.
   84         4.Making recommendations for the resolution of disputes
   85  concerning the care and safety of the elder.
   86         5.With the prior approval of the parties to an action or
   87  of the court, making limited decisions within the scope of the
   88  court’s order of referral.
   89         (e)“Eldercaring coordination communication” means an oral
   90  or written statement or nonverbal conduct intended to make an
   91  assertion by, between, or among parties, participants, or the
   92  eldercaring coordinator which is made during the course of an
   93  eldercaring coordination activity, or before the activity if
   94  made in furtherance of eldercaring coordination. The term does
   95  not include statements made during eldercaring coordination
   96  which involve the commission of a crime, the intent to commit a
   97  crime, or ongoing abuse, exploitation, or neglect of a child or
   98  vulnerable adult.
   99         (f)“Eldercaring coordinator” means an impartial third
  100  person who is appointed by the court or designated by the
  101  parties and who meets the requirements of subsection (5). The
  102  role of the eldercaring coordinator is to assist parties through
  103  eldercaring coordination in a manner that respects the elder’s
  104  need for autonomy and safety.
  105         (g)“Eldercaring plan” means a continually reassessed plan
  106  for the items, tasks, or responsibilities needed to provide for
  107  the care and safety of an elder which is modified throughout
  108  eldercaring coordination to meet the changing needs of the elder
  109  and which takes into consideration the preferences and wishes of
  110  the elder. The plan is not a legally enforceable document, but
  111  is meant for use by the parties and participants.
  112         (h)“Good cause” means a finding that the eldercaring
  113  coordinator:
  114         1.Is not fulfilling the duties and obligations of the
  115  position;
  116         2.Has failed to comply with any order of the court, unless
  117  the order has been superseded on appeal;
  118         3.Has conflicting or adverse interests that affect his or
  119  her impartiality;
  120         4.Has engaged in circumstances that compromise the
  121  integrity of eldercaring coordination; or
  122         5.Has had a disqualifying event occur.
  124  The term does not include a party’s disagreement with the
  125  eldercaring coordinator’s methods or procedures.
  126         (i)“Legally authorized decisionmaker” means an individual
  127  designated, either by the elder or by the court, pursuant to
  128  chapter 709, chapter 744, chapter 747, or chapter 765 who has
  129  the authority to make specific decisions on behalf of the elder
  130  who is the subject of an action.
  131         (j)“Participant” means an individual who is not a party
  132  and who joins eldercaring coordination by invitation of or with
  133  the consent of the eldercaring coordinator but who has not filed
  134  a pleading in the action from which the case was referred to
  135  eldercaring coordination.
  136         (k)“Party” includes the elder who is the subject of an
  137  action and any other individual over whom the court has
  138  jurisdiction related to that action.
  139         (3)REFERRAL.—
  140         (a)Upon agreement of the parties to an action, the court’s
  141  own motion, or the motion of a party to the action, the court
  142  may appoint an eldercaring coordinator and refer the parties to
  143  eldercaring coordination to assist in the resolution of disputes
  144  concerning the care and safety of the elder who is the subject
  145  of the action.
  146         (b)The court may not refer a party who has a history of
  147  domestic violence or exploitation of an elderly person to
  148  eldercaring coordination unless the elder and other parties in
  149  the action consent to such referral.
  150         1.The court shall offer each party an opportunity to
  151  consult with an attorney or a domestic violence advocate before
  152  accepting consent to such referral. The court shall determine
  153  whether each party has given his or her consent freely and
  154  voluntarily.
  155         2.The court shall consider whether a party has committed
  156  an act of exploitation as defined in s. 415.102(8) or s.
  157  825.103(1) or domestic violence as defined in s. 741.28 against
  158  another party or any member of another party’s family; engaged
  159  in a pattern of behaviors that exert power and control over
  160  another party and that may compromise another party’s ability to
  161  negotiate a fair result; or engaged in behavior that leads
  162  another party to have reasonable cause to believe that he or she
  163  is in imminent danger of becoming a victim of domestic violence.
  164  The court shall consider and evaluate all relevant factors,
  165  including, but not limited to, the factors specified in s.
  166  741.30(6)(b).
  167         3.If a party has a history of domestic violence or
  168  exploitation of an elderly person, the court must order
  169  safeguards to protect the safety of the participants and the
  170  elder and the elder’s property, including, but not limited to,
  171  adherence to all provisions of an injunction for protection or
  172  conditions of bail, probation, or a sentence arising from
  173  criminal proceedings.
  174         (4)COURT APPOINTMENT.—
  175         (a)A court appointment of an eldercaring coordinator is
  176  for a term of up to 2 years, and the court shall conduct review
  177  hearings intermittently to determine whether the term should be
  178  concluded or extended. Appointments conclude upon expiration of
  179  the term or upon discharge by the court, whichever occurs
  180  earlier.
  181         (b)The order of appointment issued by the court must
  182  define the scope of the eldercaring coordinator’s authority
  183  under the appointment in the particular action, consistent with
  184  this section.
  185         (c)The order must specify that, notwithstanding the
  186  requirement for intermittent review hearings imposed under
  187  paragraph (a), a party may move the court at any time during the
  188  period of appointment for termination of the appointment. Upon
  189  the filing of such a motion, the court shall timely conduct a
  190  hearing to determine whether to terminate the appointment. Until
  191  the court has ruled on the motion, the eldercaring coordination
  192  process must continue. In making the determination, the court
  193  shall consider, at a minimum:
  194         1.The efforts and progress of eldercaring coordination in
  195  the action to date;
  196         2.The preference of the elder, if ascertainable; and
  197         3.Whether continuation of the appointment is in the best
  198  interests of the elder.
  200         (a)The court shall appoint qualified eldercaring
  201  coordinators who meet all of the following requirements:
  202         1.Meet one of the following professional requirements:
  203         a.Be licensed as a mental health professional under
  204  chapter 491 and hold at least a master’s degree in the
  205  professional field of practice;
  206         b.Be licensed as a psychologist under chapter 490;
  207         c.Be licensed as a physician under chapter 458 or chapter
  208  459;
  209         d.Be licensed as a nurse under chapter 464 and hold at
  210  least a master’s degree;
  211         e.Be certified by the Florida Supreme Court as a family
  212  mediator and hold at least a master’s degree;
  213         f.Be a member in good standing of The Florida Bar; or
  214         g.Be a professional guardian as defined in s. 744.102 and
  215  hold at least a master’s degree.
  216         2.Complete all of the following:
  217         a.Three years of post-licensure or post-certification
  218  practice;
  219         b.A family mediation training program certified by the
  220  Florida Supreme Court; and
  221         c.An eldercaring coordinator training program certified by
  222  the Florida Supreme Court. The training must total at least 44
  223  hours and must include advanced tactics for dispute resolution
  224  of issues related to aging, illness, incapacity, or other
  225  vulnerabilities associated with persons 60 years of age or
  226  older, as well as elder, guardianship, and incapacity law and
  227  procedures and less restrictive alternatives to guardianship;
  228  phases of eldercaring coordination and the role and functions of
  229  an eldercaring coordinator; the elder’s role within eldercaring
  230  coordination; family dynamics related to eldercaring
  231  coordination; eldercaring coordination skills and techniques;
  232  multicultural competence and its use in eldercaring
  233  coordination; at least 6 hours on the implications of elder
  234  abuse, neglect, and exploitation and other safety issues
  235  pertinent to this training; at least 4 hours of ethical
  236  considerations pertaining to this training; use of technology
  237  within eldercaring coordination; and court-specific eldercaring
  238  coordination procedures. Pending certification of such a
  239  training program by the Florida Supreme Court, the eldercaring
  240  coordinator must document completion of training that satisfies
  241  the hours and the elements prescribed in this sub-subparagraph.
  242         3. Successfully pass a level 2 background screening as set
  243  forth in s. 435.04(2) and (3) or be exempt from disqualification
  244  under s. 435.07. The prospective eldercaring coordinator must
  245  submit a full set of fingerprints to the court or to a vendor,
  246  entity, or agency authorized by s. 943.053(13). The court,
  247  vendor, entity, or agency shall forward the fingerprints to the
  248  Department of Law Enforcement for state processing, and the
  249  Department of Law Enforcement shall forward the fingerprints to
  250  the Federal Bureau of Investigation for national processing. The
  251  prospective eldercaring coordinator shall pay the fees for state
  252  and federal fingerprint processing. The state cost for
  253  fingerprint processing shall be as provided in s. 943.053(3)(e)
  254  for records provided to persons or entities other than those
  255  specified as exceptions therein.
  256         4.Have not been a respondent in a final order granting an
  257  injunction for protection against domestic, dating, sexual, or
  258  repeat violence or stalking or exploitation of an elder or a
  259  disabled person.
  260         5.Meet any additional qualifications the court may require
  261  to address issues specific to the parties.
  262         (b)A qualified eldercaring coordinator must be in good
  263  standing or in clear and active status with all professional
  264  licensing authorities or certification boards to which the
  265  eldercaring coordinator is subject.
  268         (a)An eldercaring coordinator must resign and immediately
  269  report to the court if he or she no longer meets the minimum
  270  qualifications or if any of the disqualifying circumstances
  271  occurs.
  272         (b)The court shall remove an eldercaring coordinator upon
  273  the eldercaring coordinator’s resignation or disqualification or
  274  a finding of good cause shown based on the court’s own motion or
  275  a party’s motion.
  276         (c)Upon the court’s own motion or upon a party’s motion,
  277  the court may suspend the authority of an eldercaring
  278  coordinator pending a hearing on the motion for removal. Notice
  279  of hearing on removal must be timely served on the eldercaring
  280  coordinator and all parties.
  281         (d)If a motion was made in bad faith, a court may, in
  282  addition to any other remedy authorized by law, award reasonable
  283  attorney fees and costs to a party or an eldercaring coordinator
  284  who successfully challenges a motion for removal.
  285         (7)SUCCESSOR ELDERCARING COORDINATOR.—If an eldercaring
  286  coordinator resigns, is removed, or is suspended from an
  287  appointment, the court shall appoint a successor qualified
  288  eldercaring coordinator who is agreed to by all parties or, if
  289  the parties do not reach agreement on a successor, another
  290  qualified eldercaring coordinator to serve for the remainder of
  291  the original term.
  292         (8)FEES AND COSTS.—Each party referred by the court to the
  293  eldercaring coordination process shall pay an equal portion of
  294  the eldercaring coordinator’s fees and costs unless the court
  295  determines that an unequal allocation is necessary based on the
  296  financial circumstances of each party, including the elder. The
  297  court’s order of referral must specify which parties are ordered
  298  to the process and the percentage of the eldercaring
  299  coordinator’s fees and costs which each party is required to
  300  pay.
  301         (a)A party who is asserting that he or she is unable to
  302  pay the eldercaring coordination fees and costs must complete a
  303  financial affidavit form approved by the presiding court. The
  304  court shall consider the party’s financial circumstances,
  305  including income; assets; liabilities; financial obligations;
  306  and resources, including, but not limited to, whether the party
  307  can receive or is receiving trust benefits, whether the party is
  308  represented by and paying a lawyer, and whether paying the fees
  309  and costs of eldercaring coordination would create a substantial
  310  hardship.
  311         (b)If a court finds that a party is indigent based upon
  312  the criteria prescribed in s. 57.082, the court may not order
  313  the party to eldercaring coordination unless funds are available
  314  to pay the indigent party’s allocated portion of the eldercaring
  315  coordination fees and costs, which may include funds provided
  316  for that purpose by one or more nonindigent parties who consent
  317  to paying such fees and costs, or unless insurance coverage or
  318  reduced or pro bono services are available to pay all or a
  319  portion of such fees and costs. If financial assistance, such as
  320  health insurance or eldercaring coordination grants, is
  321  available, such assistance must be taken into consideration by
  322  the court in determining the financial abilities of the parties.
  324         (a)Except as provided in this section, all eldercaring
  325  coordination communications are confidential. An eldercaring
  326  coordination party, an eldercaring coordinator, or a participant
  327  may not disclose an eldercaring coordination communication to a
  328  person other than another eldercaring coordination party, an
  329  eldercaring coordinator, or a participant, or a party’s or
  330  participant’s counsel. A violation of this section may be
  331  remedied as provided in paragraph (g). If the eldercaring
  332  coordination is court ordered, a violation of this section also
  333  may subject the eldercaring coordination participant to
  334  sanctions by the court, including, but not limited to, costs,
  335  attorney fees, and eldercaring coordinator’s fees.
  336         (b)An eldercaring coordination party, an eldercaring
  337  coordinator, or a participant has a privilege to refuse to
  338  testify and to prevent any other person from testifying in a
  339  subsequent proceeding regarding eldercaring coordination
  340  communications.
  341         (c)Notwithstanding paragraphs (a) and (b), confidentiality
  342  or privilege does not attach to a signed written agreement
  343  reached during eldercaring coordination, unless the parties
  344  agree otherwise, or to any eldercaring coordination
  345  communication that:
  346         1.Is necessary to identify, authenticate, confirm, or deny
  347  a written and signed agreement entered into by the parties
  348  during eldercaring coordination.
  349         2.Is necessary to identify an issue for resolution by the
  350  court, including to support a motion to terminate eldercaring
  351  coordination, without otherwise disclosing communications made
  352  by any party, participant, or the eldercaring coordinator.
  353         3.Is limited to the subject of a party’s compliance with
  354  the order of referral to eldercaring coordination, orders for
  355  psychological evaluation, court orders or health care provider
  356  recommendations for counseling, or court orders for substance
  357  abuse testing or treatment.
  358         4.Is necessary to determine the qualifications of an
  359  eldercaring coordinator or to determine the immunity and
  360  liability of an eldercaring coordinator who has acted in bad
  361  faith or with malicious purpose or in a manner exhibiting wanton
  362  and willful disregard for the rights, safety, or property of the
  363  parties under subsection (11).
  364         5.The parties agree may be disclosed or for which
  365  privilege against disclosure has been waived by all parties.
  366         6.Is made in the event the eldercaring coordinator needs
  367  to contact persons outside of the eldercaring coordination
  368  process to give or obtain information that furthers the
  369  eldercaring coordination process.
  370         7.Must be reported pursuant to chapter 39 or chapter 415
  371  solely for the purpose of making the mandatory report to the
  372  entity requiring the report.
  373         8.Is necessary to protect any person from future acts that
  374  would constitute child abuse, neglect, or abandonment under
  375  chapter 39; abuse, neglect, or exploitation of an elderly or
  376  disabled adult under chapter 415 or chapter 825; or domestic
  377  violence under chapter 741 or is necessary to further an
  378  investigation conducted under s. 744.2004 or a review conducted
  379  under s 744.368(5).
  380         9.Is offered, solely for the internal use of a body
  381  conducting an investigation of professional misconduct, to
  382  report, prove, or disprove such misconduct that is alleged to
  383  have occurred during eldercaring coordination.
  384         10.Is offered, solely for consideration in a professional
  385  malpractice proceeding, to report, prove, or disprove
  386  professional malpractice alleged to have occurred during
  387  eldercaring coordination.
  388         11.Is willfully used to plan a crime, commit or attempt to
  389  commit a crime, conceal ongoing criminal activity, or threaten
  390  violence.
  391         (d)An eldercaring coordination communication disclosed
  392  under subparagraph (c)1., subparagraph (c)2., subparagraph
  393  (c)5., subparagraph (c)8., or subparagraph (c)9. remains
  394  confidential and is not discoverable or admissible for any other
  395  purpose, unless otherwise authorized by this section.
  396         (e)Information that is otherwise admissible or subject to
  397  discovery is not inadmissible or protected from discovery by
  398  reason of its disclosure or use in the eldercaring coordination
  399  process.
  400         (f)A party who discloses or makes a representation about a
  401  privileged eldercaring coordination communication waives that
  402  privilege, but only to the extent necessary for the other party
  403  or parties to respond to the disclosure or representation.
  404         (g)1.Any eldercaring coordination party or participant who
  405  knowingly and willfully discloses an eldercaring coordination
  406  communication in violation of this subsection, upon application
  407  by any party to a court of competent jurisdiction, is subject to
  408  remedies, including:
  409         a.Equitable relief;
  410         b.Compensatory damages;
  411         c.Contribution to the other party’s or parties’ attorney
  412  fees, the other party’s or parties’ portion of the eldercaring
  413  coordinator fees, and the other party’s or parties’ portion of
  414  the costs incurred in the eldercaring coordination process; and
  415         d.Reasonable attorney fees and costs incurred in the
  416  application for remedies under this section.
  417         2.Notwithstanding any other law, an application for relief
  418  filed under this paragraph may not be commenced later than 2
  419  years after the date on which the party had a reasonable
  420  opportunity to discover the breach of confidentiality, but in no
  421  case more than 4 years after the breach.
  422         3.An eldercaring coordination party or participant may not
  423  be subject to a civil action under this paragraph for lawful
  424  compliance with s. 119.07.
  426         (a)An eldercaring coordinator must immediately inform the
  427  court by affidavit or verified report, without notice to the
  428  parties, if:
  429         1.The eldercaring coordinator has or will be making a
  430  report pursuant to chapter 39 or chapter 415; or
  431         2.A party, including someone acting on a party’s behalf,
  432  is threatening or is believed to be planning to commit the
  433  offense of kidnapping upon an elder as defined in s. 787.01, or
  434  wrongfully removes or is removing the elder from the
  435  jurisdiction of the court without prior court approval or
  436  compliance with the requirements of s. 744.1098. If the
  437  eldercaring coordinator suspects that a party or family member
  438  has relocated an elder within this state to protect the elder
  439  from a domestic violence situation, the eldercaring coordinator
  440  may not disclose the location of the elder unless required by
  441  court order.
  442         (b)An eldercaring coordinator shall immediately inform the
  443  court by affidavit or verified report and serve a copy of such
  444  affidavit or report on each party upon learning that a party is
  445  the subject of a final order or injunction of protection against
  446  domestic violence or exploitation of an elderly person or has
  447  been arrested for an act of domestic violence or exploitation of
  448  an elderly person.
  450         (a)A person who is appointed or employed to assist the
  451  body designated to perform duties relating to disciplinary
  452  proceedings involving eldercaring coordinators has absolute
  453  immunity from liability arising from the performance of his or
  454  her duties while acting within the scope of his or her appointed
  455  functions or duties of employment.
  456         (b)An eldercaring coordinator who is appointed by the
  457  court is not liable for civil damages for any act or omission
  458  within the scope of his or her duties under an order of referral
  459  unless such person acted in bad faith or with malicious purpose
  460  or in a manner exhibiting wanton and willful disregard for the
  461  rights, safety, or property of the parties.
  462         (12)MINIMUM STANDARDS AND PROCEDURES.—The Florida Supreme
  463  Court shall establish minimum standards and procedures for the
  464  qualification, ethical conduct, discipline, and training and
  465  education of eldercaring coordinators who serve under this
  466  section. The Florida Supreme Court may appoint or employ such
  467  personnel as are necessary to assist the court in exercising its
  468  powers and performing its duties under this section. Pending the
  469  establishment of such minimum standards and procedures for the
  470  discipline of eldercaring coordinators, the order of referral by
  471  the court may address procedures governing complaints against
  472  the appointed eldercaring coordinator consistent with this
  473  section.
  474         Section 2. This act shall take effect July 1, 2021.
  476  ================= T I T L E  A M E N D M E N T ================
  477  And the title is amended as follows:
  478         Delete everything before the enacting clause
  479  and insert:
  480                        A bill to be entitled                      
  481         An act relating to an elder-focused dispute resolution
  482         process; creating s. 44.407, F.S.; providing
  483         legislative findings; defining terms; authorizing the
  484         courts to appoint an eldercaring coordinator and refer
  485         certain parties and elders to eldercaring
  486         coordination; prohibiting the courts from referring
  487         certain parties to eldercaring coordination without
  488         the consent of the elder and other parties to the
  489         action; specifying the duration of eldercaring
  490         coordinator appointments; requiring the courts to
  491         conduct intermittent review hearings regarding the
  492         conclusion or extension of such appointments;
  493         providing qualifications and disqualifications for
  494         eldercaring coordinators; requiring eldercaring
  495         coordinators to document completed training that meets
  496         certain requirements until the Florida Supreme Court
  497         certifies a training program; requiring the applicant
  498         to meet certain qualifications for background
  499         screening, unless otherwise exempt; requiring
  500         prospective eldercaring coordinators to submit
  501         fingerprints for purposes of criminal history
  502         background screening; providing for the payment and
  503         cost of fingerprint processing; providing for the
  504         removal and suspension of authority of certain
  505         eldercaring coordinators; requiring that notice of
  506         hearing on removal of a coordinator be timely served;
  507         authorizing the courts to award certain fees and costs
  508         under certain circumstances; requiring the court to
  509         appoint successor eldercaring coordinators under
  510         certain circumstances; requiring the parties to
  511         eldercaring coordination to pay an equal share of the
  512         eldercaring coordinator’s fees and costs under certain
  513         circumstances; authorizing the courts to make certain
  514         determinations based on the fees and costs of
  515         eldercaring coordination; providing that all
  516         eldercaring communications are confidential; providing
  517         exceptions to confidentiality; providing remedies for
  518         breaches of such confidentiality; providing
  519         requirements for emergency reporting to courts under
  520         certain circumstances; providing immunity from
  521         liability for eldercaring coordinators under specified
  522         circumstances; requiring the Florida Supreme Court to
  523         establish certain minimum standards and procedures for
  524         eldercaring coordinators; authorizing the court’s
  525         order of referral to address procedures governing
  526         complaints until the minimum standards and procedures
  527         are established; providing an effective date.