Florida Senate - 2021                       CS for CS for SB 368
       By the Committees on Appropriations; and Judiciary; and Senator
       576-04680-21                                           2021368c2
    1                        A bill to be entitled                      
    2         An act relating to an elder-focused dispute resolution
    3         process; creating s. 44.407, F.S.; providing
    4         legislative findings; defining terms; authorizing the
    5         courts to appoint an eldercaring coordinator and refer
    6         certain parties and elders to eldercaring
    7         coordination; prohibiting the courts from referring
    8         certain parties to eldercaring coordination without
    9         the consent of the elder and other parties to the
   10         action; specifying the duration of eldercaring
   11         coordinator appointments; requiring the courts to
   12         conduct intermittent review hearings regarding the
   13         conclusion or extension of such appointments;
   14         providing qualifications and disqualifications for
   15         eldercaring coordinators; requiring eldercaring
   16         coordinators to document completed training that meets
   17         certain requirements until the Florida Supreme Court
   18         certifies a training program; requiring the applicant
   19         to meet certain qualifications for background
   20         screening, unless otherwise exempt; requiring
   21         prospective eldercaring coordinators to submit
   22         fingerprints for purposes of criminal history
   23         background screening; providing for the payment and
   24         cost of fingerprint processing; providing for the
   25         removal and suspension of authority of certain
   26         eldercaring coordinators; requiring that notice of
   27         hearing on removal of a coordinator be timely served;
   28         authorizing the courts to award certain fees and costs
   29         under certain circumstances; requiring the court to
   30         appoint successor eldercaring coordinators under
   31         certain circumstances; requiring the parties to
   32         eldercaring coordination to pay an equal share of the
   33         eldercaring coordinator’s fees and costs under certain
   34         circumstances; authorizing the courts to make certain
   35         determinations based on the fees and costs of
   36         eldercaring coordination; providing that all
   37         eldercaring communications are confidential; providing
   38         exceptions to confidentiality; providing remedies for
   39         breaches of such confidentiality; providing
   40         requirements for emergency reporting to courts under
   41         certain circumstances; providing immunity from
   42         liability for eldercaring coordinators under specified
   43         circumstances; requiring the Florida Supreme Court to
   44         establish certain minimum standards and procedures for
   45         eldercaring coordinators; authorizing the court’s
   46         order of referral to address procedures governing
   47         complaints until the minimum standards and procedures
   48         are established; providing an effective date.
   50  Be It Enacted by the Legislature of the State of Florida:
   52         Section 1. Section 44.407, Florida Statutes, is created to
   53  read:
   54         44.407Elder-focused dispute resolution process.—
   55         (1)LEGISLATIVE FINDINGS.—The Legislature finds that:
   56         (a)Denying an elder a voice in decisions regarding himself
   57  or herself may negatively affect the elder’s health and well
   58  being, as well as deprive the elder of his or her legal rights.
   59  Even if an elder is losing capacity to make major decisions for
   60  himself or herself, the elder is still entitled to the dignity
   61  of having his or her voice heard.
   62         (b)In conjunction with proceedings in court, it is in the
   63  best interest of an elder, his or her family members, and
   64  legally recognized decisionmakers to have access to a
   65  nonadversarial process to resolve disputes relating to an elder
   66  which focuses on the elder’s wants, needs, and best interests.
   67  Such a process will protect and preserve the elder’s exercisable
   68  rights.
   69         (c)By recognizing that every elder, including those whose
   70  capacity is being questioned, has unique needs, unique
   71  interests, and differing abilities, the Legislature intends for
   72  this section to promote the public welfare by establishing a
   73  unique dispute resolution option to complement and enhance, not
   74  replace, other services, such as the provision of legal
   75  information or legal representation; financial advice;
   76  individual or family therapy; medical, psychological, or
   77  psychiatric evaluation; or mediation, specifically for issues
   78  related to the care and needs of elders. The Legislature intends
   79  that this section be liberally construed to accomplish these
   80  goals.
   81         (2)DEFINITIONS.—As used in this section, the term:
   82         (a)1.“Action” means a proceeding in which a party sought
   83  or seeks a judgment or an order from the court to:
   84         a.Determine, pursuant to s. 744.331, whether someone is or
   85  is not incapacitated.
   86         b.Appoint or remove a guardian or guardian advocate.
   87         c.Review any actions of a guardian.
   88         d.Execute an investigation pursuant to s. 415.104.
   89         e.Review an agent’s actions pursuant to s. 709.2116.
   90         f.Review a proxy’s decision pursuant to s. 765.105.
   91         g.Enter an injunction for the protection of an elder under
   92  s. 825.1035.
   93         h.Follow up on a complaint made to the Office of Public
   94  and Professional Guardians pursuant to s. 744.2004.
   95         i.At the discretion of the presiding judge, address any
   96  other matters pending before the court which involve the care
   97  and safety of an elder.
   98         2. The term may be applied only to using eldercaring
   99  coordination solely to address disputes regarding the care and
  100  safety of the elder. The term does not include actions brought
  101  under chapter 732, chapter 733, or chapter 736.
  102         (b)“Care and safety” means the condition of the aging
  103  person’s general physical, mental, emotional, psychological, and
  104  social well-being. The term does not include:
  105         1.A determination of capacity by the court under s.
  106  744.331(5) or (6); or
  107         2.Unless the parties agree otherwise, matters relating to
  108  the elder’s estate planning, agent designations under chapter
  109  709, or surrogate designations under chapter 765; trusts in
  110  which the elder is a grantor, fiduciary, or beneficiary; or
  111  other similar financially focused matters.
  112         (c)“Elder” means a person 60 years of age or older who is
  113  alleged to be suffering from the infirmities of aging as
  114  manifested by a physical, mental, or emotional dysfunction to
  115  the extent that the elder’s ability to provide adequately for
  116  the protection or care of his or her own person or property is
  117  impaired.
  118         (d)“Eldercaring coordination” means an elder-focused
  119  dispute resolution process during which an eldercaring
  120  coordinator assists an elder, legally authorized decisionmakers,
  121  and others who participate by court order or by invitation of
  122  the eldercaring coordinator, in resolving disputes regarding the
  123  care and safety of an elder by:
  124         1.Facilitating more effective communication and
  125  negotiation and the development of problem-solving skills.
  126         2.Providing education about eldercare resources.
  127         3.Facilitating the creation, modification, or
  128  implementation of an eldercaring plan and reassessing it as
  129  necessary to reach a resolution of ongoing disputes concerning
  130  the care and safety of the elder.
  131         4.Making recommendations for the resolution of disputes
  132  concerning the care and safety of the elder.
  133         5.With the prior approval of the parties to an action or
  134  of the court, making limited decisions within the scope of the
  135  court’s order of referral.
  136         (e)“Eldercaring coordination communication” means an oral
  137  or written statement or nonverbal conduct intended to make an
  138  assertion by, between, or among parties, participants, or the
  139  eldercaring coordinator which is made during the course of an
  140  eldercaring coordination activity, or before the activity if
  141  made in furtherance of eldercaring coordination. The term does
  142  not include statements made during eldercaring coordination
  143  which involve the commission of a crime, the intent to commit a
  144  crime, or ongoing abuse, exploitation, or neglect of a child or
  145  vulnerable adult.
  146         (f)“Eldercaring coordinator” means an impartial third
  147  person who is appointed by the court or designated by the
  148  parties and who meets the requirements of subsection (5). The
  149  role of the eldercaring coordinator is to assist parties through
  150  eldercaring coordination in a manner that respects the elder’s
  151  need for autonomy and safety.
  152         (g)“Eldercaring plan” means a continually reassessed plan
  153  for the items, tasks, or responsibilities needed to provide for
  154  the care and safety of an elder which is modified throughout
  155  eldercaring coordination to meet the changing needs of the elder
  156  and which takes into consideration the preferences and wishes of
  157  the elder. The plan is not a legally enforceable document, but
  158  is meant for use by the parties and participants.
  159         (h)“Good cause” means a finding that the eldercaring
  160  coordinator:
  161         1.Is not fulfilling the duties and obligations of the
  162  position;
  163         2.Has failed to comply with any order of the court, unless
  164  the order has been superseded on appeal;
  165         3.Has conflicting or adverse interests that affect his or
  166  her impartiality;
  167         4.Has engaged in circumstances that compromise the
  168  integrity of eldercaring coordination; or
  169         5.Has had a disqualifying event occur.
  171  The term does not include a party’s disagreement with the
  172  eldercaring coordinator’s methods or procedures.
  173         (i)“Legally authorized decisionmaker” means an individual
  174  designated, either by the elder or by the court, pursuant to
  175  chapter 709, chapter 744, chapter 747, or chapter 765 who has
  176  the authority to make specific decisions on behalf of the elder
  177  who is the subject of an action.
  178         (j)“Participant” means an individual who is not a party
  179  and who joins eldercaring coordination by invitation of or with
  180  the consent of the eldercaring coordinator but who has not filed
  181  a pleading in the action from which the case was referred to
  182  eldercaring coordination.
  183         (k)“Party” includes the elder who is the subject of an
  184  action and any other individual over whom the court has
  185  jurisdiction related to that action.
  186         (3)REFERRAL.—
  187         (a)Upon agreement of the parties to an action, the court’s
  188  own motion, or the motion of a party to the action, the court
  189  may appoint an eldercaring coordinator and refer the parties to
  190  eldercaring coordination to assist in the resolution of disputes
  191  concerning the care and safety of the elder who is the subject
  192  of the action.
  193         (b)The court may not refer a party who has a history of
  194  domestic violence or exploitation of an elderly person to
  195  eldercaring coordination unless the elder and other parties in
  196  the action consent to such referral.
  197         1.The court shall offer each party an opportunity to
  198  consult with an attorney or a domestic violence advocate before
  199  accepting consent to such referral. The court shall determine
  200  whether each party has given his or her consent freely and
  201  voluntarily.
  202         2.The court shall consider whether a party has committed
  203  an act of exploitation as defined in s. 415.102(8) or s.
  204  825.103(1) or domestic violence as defined in s. 741.28 against
  205  another party or any member of another party’s family; engaged
  206  in a pattern of behaviors that exert power and control over
  207  another party and that may compromise another party’s ability to
  208  negotiate a fair result; or engaged in behavior that leads
  209  another party to have reasonable cause to believe that he or she
  210  is in imminent danger of becoming a victim of domestic violence.
  211  The court shall consider and evaluate all relevant factors,
  212  including, but not limited to, the factors specified in s.
  213  741.30(6)(b).
  214         3.If a party has a history of domestic violence or
  215  exploitation of an elderly person, the court must order
  216  safeguards to protect the safety of the participants and the
  217  elder and the elder’s property, including, but not limited to,
  218  adherence to all provisions of an injunction for protection or
  219  conditions of bail, probation, or a sentence arising from
  220  criminal proceedings.
  221         (4)COURT APPOINTMENT.—
  222         (a)A court appointment of an eldercaring coordinator is
  223  for a term of up to 2 years, and the court shall conduct review
  224  hearings intermittently to determine whether the term should be
  225  concluded or extended. Appointments conclude upon expiration of
  226  the term or upon discharge by the court, whichever occurs
  227  earlier.
  228         (b)The order of appointment issued by the court must
  229  define the scope of the eldercaring coordinator’s authority
  230  under the appointment in the particular action, consistent with
  231  this section.
  232         (c)The order must specify that, notwithstanding the
  233  requirement for intermittent review hearings imposed under
  234  paragraph (a), a party may move the court at any time during the
  235  period of appointment for termination of the appointment. Upon
  236  the filing of such a motion, the court shall timely conduct a
  237  hearing to determine whether to terminate the appointment. Until
  238  the court has ruled on the motion, the eldercaring coordination
  239  process must continue. In making the determination, the court
  240  shall consider, at a minimum:
  241         1.The efforts and progress of eldercaring coordination in
  242  the action to date;
  243         2.The preference of the elder, if ascertainable; and
  244         3.Whether continuation of the appointment is in the best
  245  interests of the elder.
  247         (a)The court shall appoint qualified eldercaring
  248  coordinators who meet all of the following requirements:
  249         1.Meet one of the following professional requirements:
  250         a.Be licensed as a mental health professional under
  251  chapter 491 and hold at least a master’s degree in the
  252  professional field of practice;
  253         b.Be licensed as a psychologist under chapter 490;
  254         c.Be licensed as a physician under chapter 458 or chapter
  255  459;
  256         d.Be licensed as a nurse under chapter 464 and hold at
  257  least a master’s degree;
  258         e.Be certified by the Florida Supreme Court as a family
  259  mediator and hold at least a master’s degree;
  260         f.Be a member in good standing of The Florida Bar; or
  261         g.Be a professional guardian as defined in s. 744.102 and
  262  hold at least a master’s degree.
  263         2.Complete all of the following:
  264         a.Three years of post-licensure or post-certification
  265  practice;
  266         b.A family mediation training program certified by the
  267  Florida Supreme Court; and
  268         c.An eldercaring coordinator training program certified by
  269  the Florida Supreme Court. The training must total at least 44
  270  hours and must include advanced tactics for dispute resolution
  271  of issues related to aging, illness, incapacity, or other
  272  vulnerabilities associated with persons 60 years of age or
  273  older, as well as elder, guardianship, and incapacity law and
  274  procedures and less restrictive alternatives to guardianship;
  275  phases of eldercaring coordination and the role and functions of
  276  an eldercaring coordinator; the elder’s role within eldercaring
  277  coordination; family dynamics related to eldercaring
  278  coordination; eldercaring coordination skills and techniques;
  279  multicultural competence and its use in eldercaring
  280  coordination; at least 6 hours on the implications of elder
  281  abuse, neglect, and exploitation and other safety issues
  282  pertinent to this training; at least 4 hours of ethical
  283  considerations pertaining to this training; use of technology
  284  within eldercaring coordination; and court-specific eldercaring
  285  coordination procedures. Pending certification of such a
  286  training program by the Florida Supreme Court, the eldercaring
  287  coordinator must document completion of training that satisfies
  288  the hours and the elements prescribed in this sub-subparagraph.
  289         3. Successfully pass a level 2 background screening as set
  290  forth in s. 435.04(2) and (3) or be exempt from disqualification
  291  under s. 435.07. The prospective eldercaring coordinator must
  292  submit a full set of fingerprints to the court or to a vendor,
  293  entity, or agency authorized by s. 943.053(13). The court,
  294  vendor, entity, or agency shall forward the fingerprints to the
  295  Department of Law Enforcement for state processing, and the
  296  Department of Law Enforcement shall forward the fingerprints to
  297  the Federal Bureau of Investigation for national processing. The
  298  prospective eldercaring coordinator shall pay the fees for state
  299  and federal fingerprint processing. The state cost for
  300  fingerprint processing shall be as provided in s. 943.053(3)(e)
  301  for records provided to persons or entities other than those
  302  specified as exceptions therein.
  303         4.Have not been a respondent in a final order granting an
  304  injunction for protection against domestic, dating, sexual, or
  305  repeat violence or stalking or exploitation of an elder or a
  306  disabled person.
  307         5.Meet any additional qualifications the court may require
  308  to address issues specific to the parties.
  309         (b)A qualified eldercaring coordinator must be in good
  310  standing or in clear and active status with all professional
  311  licensing authorities or certification boards to which the
  312  eldercaring coordinator is subject.
  315         (a)An eldercaring coordinator must resign and immediately
  316  report to the court if he or she no longer meets the minimum
  317  qualifications or if any of the disqualifying circumstances
  318  occurs.
  319         (b)The court shall remove an eldercaring coordinator upon
  320  the eldercaring coordinator’s resignation or disqualification or
  321  a finding of good cause shown based on the court’s own motion or
  322  a party’s motion.
  323         (c)Upon the court’s own motion or upon a party’s motion,
  324  the court may suspend the authority of an eldercaring
  325  coordinator pending a hearing on the motion for removal. Notice
  326  of hearing on removal must be timely served on the eldercaring
  327  coordinator and all parties.
  328         (d)If a motion was made in bad faith, a court may, in
  329  addition to any other remedy authorized by law, award reasonable
  330  attorney fees and costs to a party or an eldercaring coordinator
  331  who successfully challenges a motion for removal.
  332         (7)SUCCESSOR ELDERCARING COORDINATOR.—If an eldercaring
  333  coordinator resigns, is removed, or is suspended from an
  334  appointment, the court shall appoint a successor qualified
  335  eldercaring coordinator who is agreed to by all parties or, if
  336  the parties do not reach agreement on a successor, another
  337  qualified eldercaring coordinator to serve for the remainder of
  338  the original term.
  339         (8)FEES AND COSTS.—Each party referred by the court to the
  340  eldercaring coordination process shall pay an equal portion of
  341  the eldercaring coordinator’s fees and costs unless the court
  342  determines that an unequal allocation is necessary based on the
  343  financial circumstances of each party, including the elder. The
  344  court’s order of referral must specify which parties are ordered
  345  to the process and the percentage of the eldercaring
  346  coordinator’s fees and costs which each party is required to
  347  pay.
  348         (a)A party who is asserting that he or she is unable to
  349  pay the eldercaring coordination fees and costs must complete a
  350  financial affidavit form approved by the presiding court. The
  351  court shall consider the party’s financial circumstances,
  352  including income; assets; liabilities; financial obligations;
  353  and resources, including, but not limited to, whether the party
  354  can receive or is receiving trust benefits, whether the party is
  355  represented by and paying a lawyer, and whether paying the fees
  356  and costs of eldercaring coordination would create a substantial
  357  hardship.
  358         (b)If a court finds that a party is indigent based upon
  359  the criteria prescribed in s. 57.082, the court may not order
  360  the party to eldercaring coordination unless funds are available
  361  to pay the indigent party’s allocated portion of the eldercaring
  362  coordination fees and costs, which may include funds provided
  363  for that purpose by one or more nonindigent parties who consent
  364  to paying such fees and costs, or unless insurance coverage or
  365  reduced or pro bono services are available to pay all or a
  366  portion of such fees and costs. If financial assistance, such as
  367  health insurance or eldercaring coordination grants, is
  368  available, such assistance must be taken into consideration by
  369  the court in determining the financial abilities of the parties.
  371         (a)Except as provided in this section, all eldercaring
  372  coordination communications are confidential. An eldercaring
  373  coordination party, an eldercaring coordinator, or a participant
  374  may not disclose an eldercaring coordination communication to a
  375  person other than another eldercaring coordination party, an
  376  eldercaring coordinator, or a participant, or a party’s or
  377  participant’s counsel. A violation of this section may be
  378  remedied as provided in paragraph (g). If the eldercaring
  379  coordination is court ordered, a violation of this section also
  380  may subject the eldercaring coordination participant to
  381  sanctions by the court, including, but not limited to, costs,
  382  attorney fees, and eldercaring coordinator’s fees.
  383         (b)An eldercaring coordination party, an eldercaring
  384  coordinator, or a participant has a privilege to refuse to
  385  testify and to prevent any other person from testifying in a
  386  subsequent proceeding regarding eldercaring coordination
  387  communications.
  388         (c)Notwithstanding paragraphs (a) and (b), confidentiality
  389  or privilege does not attach to a signed written agreement
  390  reached during eldercaring coordination, unless the parties
  391  agree otherwise, or to any eldercaring coordination
  392  communication that:
  393         1.Is necessary to identify, authenticate, confirm, or deny
  394  a written and signed agreement entered into by the parties
  395  during eldercaring coordination.
  396         2.Is necessary to identify an issue for resolution by the
  397  court, including to support a motion to terminate eldercaring
  398  coordination, without otherwise disclosing communications made
  399  by any party, participant, or the eldercaring coordinator.
  400         3.Is limited to the subject of a party’s compliance with
  401  the order of referral to eldercaring coordination, orders for
  402  psychological evaluation, court orders or health care provider
  403  recommendations for counseling, or court orders for substance
  404  abuse testing or treatment.
  405         4.Is necessary to determine the qualifications of an
  406  eldercaring coordinator or to determine the immunity and
  407  liability of an eldercaring coordinator who has acted in bad
  408  faith or with malicious purpose or in a manner exhibiting wanton
  409  and willful disregard for the rights, safety, or property of the
  410  parties under subsection (11).
  411         5.The parties agree may be disclosed or for which
  412  privilege against disclosure has been waived by all parties.
  413         6.Is made in the event the eldercaring coordinator needs
  414  to contact persons outside of the eldercaring coordination
  415  process to give or obtain information that furthers the
  416  eldercaring coordination process.
  417         7.Must be reported pursuant to chapter 39 or chapter 415
  418  solely for the purpose of making the mandatory report to the
  419  entity requiring the report.
  420         8.Is necessary to protect any person from future acts that
  421  would constitute child abuse, neglect, or abandonment under
  422  chapter 39; abuse, neglect, or exploitation of an elderly or
  423  disabled adult under chapter 415 or chapter 825; or domestic
  424  violence under chapter 741 or is necessary to further an
  425  investigation conducted under s. 744.2004 or a review conducted
  426  under s. 744.368(5).
  427         9.Is offered, solely for the internal use of a body
  428  conducting an investigation of professional misconduct, to
  429  report, prove, or disprove such misconduct that is alleged to
  430  have occurred during eldercaring coordination.
  431         10.Is offered, solely for consideration in a professional
  432  malpractice proceeding, to report, prove, or disprove
  433  professional malpractice alleged to have occurred during
  434  eldercaring coordination.
  435         11.Is willfully used to plan a crime, commit or attempt to
  436  commit a crime, conceal ongoing criminal activity, or threaten
  437  violence.
  438         (d)An eldercaring coordination communication disclosed
  439  under subparagraph (c)1., subparagraph (c)2., subparagraph
  440  (c)5., subparagraph (c)8., or subparagraph (c)9. remains
  441  confidential and is not discoverable or admissible for any other
  442  purpose, unless otherwise authorized by this section.
  443         (e)Information that is otherwise admissible or subject to
  444  discovery is not inadmissible or protected from discovery by
  445  reason of its disclosure or use in the eldercaring coordination
  446  process.
  447         (f)A party who discloses or makes a representation about a
  448  privileged eldercaring coordination communication waives that
  449  privilege, but only to the extent necessary for the other party
  450  or parties to respond to the disclosure or representation.
  451         (g)1.Any eldercaring coordination party or participant who
  452  knowingly and willfully discloses an eldercaring coordination
  453  communication in violation of this subsection, upon application
  454  by any party to a court of competent jurisdiction, is subject to
  455  remedies, including:
  456         a.Equitable relief;
  457         b.Compensatory damages;
  458         c.Contribution to the other party’s or parties’ attorney
  459  fees, the other party’s or parties’ portion of the eldercaring
  460  coordinator fees, and the other party’s or parties’ portion of
  461  the costs incurred in the eldercaring coordination process; and
  462         d.Reasonable attorney fees and costs incurred in the
  463  application for remedies under this section.
  464         2.Notwithstanding any other law, an application for relief
  465  filed under this paragraph may not be commenced later than 2
  466  years after the date on which the party had a reasonable
  467  opportunity to discover the breach of confidentiality, but in no
  468  case more than 4 years after the breach.
  469         3.An eldercaring coordination party or participant may not
  470  be subject to a civil action under this paragraph for lawful
  471  compliance with s. 119.07.
  473         (a)An eldercaring coordinator must immediately inform the
  474  court by affidavit or verified report, without notice to the
  475  parties, if:
  476         1.The eldercaring coordinator has or will be making a
  477  report pursuant to chapter 39 or chapter 415; or
  478         2.A party, including someone acting on a party’s behalf,
  479  is threatening or is believed to be planning to commit the
  480  offense of kidnapping, as defined in s. 787.01(1), upon an elder
  481  or wrongfully removes or is removing the elder from the
  482  jurisdiction of the court without prior court approval or
  483  compliance with the requirements of s. 744.1098. If the
  484  eldercaring coordinator suspects that a party or family member
  485  has relocated an elder within this state to protect the elder
  486  from a domestic violence situation, the eldercaring coordinator
  487  may not disclose the location of the elder unless required by
  488  court order.
  489         (b)An eldercaring coordinator shall immediately inform the
  490  court by affidavit or verified report and serve a copy of such
  491  affidavit or report on each party upon learning that a party is
  492  the subject of a final order or injunction of protection against
  493  domestic violence or exploitation of an elderly person or has
  494  been arrested for an act of domestic violence or exploitation of
  495  an elderly person.
  497         (a)A person who is appointed or employed to assist the
  498  body designated to perform duties relating to disciplinary
  499  proceedings involving eldercaring coordinators has absolute
  500  immunity from liability arising from the performance of his or
  501  her duties while acting within the scope of his or her appointed
  502  functions or duties of employment.
  503         (b)An eldercaring coordinator who is appointed by the
  504  court is not liable for civil damages for any act or omission
  505  within the scope of his or her duties under an order of referral
  506  unless such person acted in bad faith or with malicious purpose
  507  or in a manner exhibiting wanton and willful disregard for the
  508  rights, safety, or property of the parties.
  509         (12)MINIMUM STANDARDS AND PROCEDURES.—The Florida Supreme
  510  Court shall establish minimum standards and procedures for the
  511  qualification, ethical conduct, discipline, and training and
  512  education of eldercaring coordinators who serve under this
  513  section. The Florida Supreme Court may appoint or employ such
  514  personnel as are necessary to assist the court in exercising its
  515  powers and performing its duties under this section. Pending the
  516  establishment of such minimum standards and procedures for the
  517  discipline of eldercaring coordinators, the order of referral by
  518  the court may address procedures governing complaints against
  519  the appointed eldercaring coordinator consistent with this
  520  section.
  521         Section 2. This act shall take effect July 1, 2021.