Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. CS for SB 368 Ì417370ÊÎ417370 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Baxley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 44.407, Florida Statutes, is created to 6 read: 7 44.407 Elder-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. 123 124 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. 199 (5) QUALIFICATIONS FOR ELDERCARING COORDINATORS.— 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. 266 (6) DISQUALIFICATIONS AND REMOVAL OF ELDERCARING 267 COORDINATORS.— 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. 323 (9) CONFIDENTIALITY; PRIVILEGE; EXCEPTIONS.— 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. 425 (10) EMERGENCY REPORTING TO THE COURT.— 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. 449 (11) IMMUNITY AND LIMITATION ON LIABILITY.— 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. 475 476 ================= 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.