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

       The Committee on Judiciary (Baxley) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 206 - 240
    4  and insert:
    5         c.Be licensed as a physician under chapter 458 or chapter
    6  459;
    7         d.Be licensed as a nurse under chapter 464 and hold at
    8  least a master’s degree;
    9         e.Be certified by the Florida Supreme Court as a family
   10  mediator and hold at least a master’s degree;
   11         f.Be a member in good standing of The Florida Bar; or
   12         g.Be a professional guardian as defined in s. 744.102(17)
   13  and hold at least a master’s degree.
   14         2.Complete all of the following:
   15         a.Three years of post-licensure or post-certification
   16  practice;
   17         b.A family mediation training program certified by the
   18  Florida Supreme Court;
   19         c.An elder mediation training program that meets standards
   20  approved and adopted by the Florida Supreme Court. If the
   21  Florida Supreme Court has not yet adopted such standards, the
   22  standards for elder mediation training approved and adopted by
   23  the Association for Conflict Resolution apply; and
   24         d.Eldercaring coordinator training. The training must
   25  total at least 28 hours and must include eldercaring
   26  coordination; elder, guardianship, and incapacity law and
   27  procedures and less restrictive alternatives to guardianship as
   28  it pertains to eldercaring coordination; at least 4 hours on the
   29  implications of elder abuse, neglect, and exploitation and other
   30  safety issues in eldercaring coordination; the elder’s role
   31  within eldercaring coordination; family dynamics related to
   32  eldercaring coordination; eldercaring coordination skills and
   33  techniques; multicultural competence and its use in eldercaring
   34  coordination; at least 2 hours of ethical considerations
   35  pertaining to eldercaring coordination; use of technology within
   36  eldercaring coordination; and court-specific eldercaring
   37  coordination procedures.
   38         3. Successfully pass a level 2 background screening as set
   39  forth in s. 435.04(2) and (3) or be exempt from disqualification
   40  under s. 435.07. The prospective eldercaring coordinator must
   41  submit a full set of fingerprints to the court or to a vendor,
   42  entity, or agency authorized by s. 943.053(13). The court,
   43  vendor, entity, or agency shall forward the fingerprints to the
   44  Department of Law Enforcement for state processing and the
   45  Department of Law Enforcement shall forward the fingerprints to
   46  the Federal Bureau of Investigation for national processing. The
   47  prospective eldercaring coordinator shall pay the fees for state
   48  and federal fingerprint processing. The state cost for
   49  fingerprint processing shall be as provided in s. 943.053(3)(e)
   50  for records provided to persons or entities other than those
   51  specified as exceptions therein.
   53  ================= T I T L E  A M E N D M E N T ================
   54  And the title is amended as follows:
   55         Delete lines 15 - 29
   56  and insert:
   57         eldercaring coordinators; requiring the applicant to
   58         meet certain qualifications for background screening,
   59         unless otherwise exempt; requiring prospective
   60         eldercaring coordinators to submit fingerprints for
   61         purposes of criminal history background screening;
   62         providing for the payment and cost of fingerprint
   63         processing; providing for the removal and suspension
   64         of authority of certain eldercaring coordinators;
   65         requiring that notice of hearing on removal of a
   66         coordinator be timely served; authorizing the courts
   67         to award certain fees and costs under certain
   68         circumstances; requiring the court to appoint
   69         successor eldercaring coordinators under certain
   70         circumstances; authorizing the courts to make certain
   71         determinations based on the fees and costs of
   72         eldercaring coordination; providing that certain
   73         communications between the parties, participants, and
   74         eldercaring coordinators are confidential; providing
   75         exceptions to confidentiality; providing requirements
   76         for emergency reporting to courts under certain
   77         circumstances; providing immunity from liability for
   78         eldercaring coordinators