Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1032
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Judiciary (Burgess) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 744.306, Florida Statutes, is amended to
    6  read:
    7         744.306 Authority of guardian to accept payment of debt
    8  owed to ward Foreign guardians.—
    9         (1)When the residence of a ward of a foreign guardian is
   10  moved to this state, the guardian shall, within 60 days after
   11  such change of residence, file the authenticated order of her or
   12  his appointment with the clerk of the court in the county where
   13  the ward resides. Such order shall be recognized and given full
   14  faith and credit in the courts of this state. The guardian and
   15  the ward are subject to this chapter.
   16         (2)A guardian appointed in any state, territory, or
   17  country may maintain or defend any action in this state as a
   18  representative of her or his ward.
   19         (1)(3)A debtor Debtors who has not have received a no
   20  written demand for payment from a guardian appointed in this
   21  state within 60 days after the appointment of a guardian,
   22  curator, conservator, or committee in any state, territory, or
   23  country other than this state, and whose property in this state
   24  is subject to a mortgage or other lien securing the debt held by
   25  the foreign guardian, curator, conservator, or committee, may
   26  pay the debt to the foreign guardian, curator, conservator, or
   27  committee after the expiration of 60 days from the date of her
   28  or his appointment. A satisfaction of the mortgage or lien,
   29  executed after the 60 days have expired by the foreign guardian,
   30  curator, conservator, or committee, with an authenticated copy
   31  of the letters or other evidence of authority of the foreign
   32  guardian, curator, conservator, or committee attached, may be
   33  recorded in the public records of this state and shall
   34  constitute an effective discharge of the mortgage or lien,
   35  irrespective of whether the debtor had received written demand
   36  before paying the debt.
   37         (2)(4)A person All persons indebted to a ward, or having
   38  possession of personal property belonging to a ward, who has not
   39  have received a no written demand for payment of the
   40  indebtedness or the delivery of the property from a guardian
   41  appointed in this state is are authorized to pay the
   42  indebtedness or to deliver the personal property to the foreign
   43  guardian, curator, conservator, or committee after the
   44  expiration of the 60 days from the date of her or his
   45  appointment.
   46         Section 2. Paragraph (f) of subsection (1) of section
   47  744.363, Florida Statutes, is amended to read:
   48         744.363 Initial guardianship plan.—
   49         (1) The initial guardianship plan shall include all of the
   50  following:
   51         (f) A list of any preexisting orders not to resuscitate
   52  executed under s. 401.45(3) or preexisting advance directives,
   53  as defined in s. 765.101, the date an order or directive was
   54  signed, whether such order or directive has been suspended by
   55  the court, and a description of the steps taken to identify and
   56  locate the preexisting order not to resuscitate or advance
   57  directive. If a preexisting order not to resuscitate is
   58  disclosed in a court approved initial guardianship plan and has
   59  not been suspended by the court, a plenary guardian or a limited
   60  guardian of a ward may sign an order not to resuscitate as
   61  provided in s. 401.45(3) without prior court approval under s.
   62  744.441(2).
   63         Section 3. Paragraph (d) of subsection (1) of section
   64  744.3675, Florida Statutes, is amended to read:
   65         744.3675 Annual guardianship plan.—Each guardian of the
   66  person must file with the court an annual guardianship plan
   67  which updates information about the condition of the ward. The
   68  annual plan must specify the current needs of the ward and how
   69  those needs are proposed to be met in the coming year.
   70         (1) Each plan for an adult ward must, if applicable,
   71  include:
   72         (d) A list of any preexisting orders not to resuscitate
   73  executed under s. 401.45(3) or preexisting advance directives,
   74  as defined in s. 765.101, the date an order or directive was
   75  signed, whether such order or directive has been suspended by
   76  the court, and a description of the steps taken to identify and
   77  locate the preexisting order not to resuscitate or advance
   78  directive. If a preexisting order not to resuscitate is
   79  disclosed in a court approved annual guardianship plan and has
   80  not been suspended by the court, a plenary guardian or a limited
   81  guardian of a ward may sign an order not to resuscitate as
   82  provided in s. 401.45(3) without prior court approval under s.
   83  744.441(2).
   84         Section 4. Subsection (2) of section 744.441, Florida
   85  Statutes, is amended to read:
   86         744.441 Powers of guardian upon court approval.—After
   87  obtaining approval of the court pursuant to a petition for
   88  authorization to act:
   89         (2) A plenary guardian or a limited guardian of a ward may
   90  sign an order not to resuscitate as provided in s. 401.45(3).
   91  When a plenary guardian or a limited guardian of a ward seeks to
   92  obtain approval of the court to sign an order not to
   93  resuscitate, if required by exigent circumstances, the court
   94  must hold a preliminary hearing within 72 hours after the
   95  petition is filed, and:
   96         (a) Rule on the relief requested immediately after the
   97  preliminary hearing; or
   98         (b) Conduct an evidentiary hearing not later than 4 days
   99  after the preliminary hearing and rule on the relief requested
  100  immediately after the evidentiary hearing.
  101         (c) Notwithstanding paragraph (a), if the ward is in a
  102  hospital and exigent circumstances exist which do not allow time
  103  for the guardian to seek court approval under paragraph (a),
  104  without prior court approval, the guardian may consent to an
  105  order not to resuscitate being entered in the ward’s chart by a
  106  physician provided the hospital ethics committee has met and
  107  agrees with the entry of an order not to resuscitate.
  108         (d) As soon as reasonable, and not more than 72 hours after
  109  signing an order not to resuscitate or consenting to an order
  110  being entered in the ward’s chart, the guardian must file notice
  111  of such action with the court attaching documentation supporting
  112  the decision or a copy of the court’s order issued pursuant to
  113  paragraph (a).
  114         Section 5. Part IX of chapter 744, Florida Statutes,
  115  consisting of ss. 744.74-744.96, Florida Statutes, is created
  116  and entitled the “Florida Guardianship Jurisdiction Act.”
  117         Section 6. Section 744.74, Florida Statutes, is created to
  118  read:
  119         744.74Short title.—Sections 744.74-744.396 may be cited as
  120  the “Florida Guardianship Jurisdiction Act.”
  121         Section 7. Section 744.75, Florida Statutes, is created to
  122  read:
  123         744.75Purpose; construction.—The purpose of this part is
  124  to provide clear direction to the courts, attorneys, guardians,
  125  and individuals about the proper jurisdiction for guardianship
  126  proceedings. This part is intended to supplement, but not
  127  replace, other parts of this chapter which provide procedures
  128  for determining incapacity, appointing guardians, managing
  129  estates, and other procedures as governed by this chapter. The
  130  general purposes of this part are to:
  131         (1)Avoid jurisdictional competition and conflict with
  132  courts of other states in matters of guardianship.
  133         (2)Establish procedures for transferring guardianship from
  134  one state to another state when an adult ward.
  135         (3)Avoid relitigating the guardianship decisions of other
  136  states in this state.
  137         (4)Discourage the use of the interstate system for
  138  continuing controversies over guardianship.
  139         (5)Provide a uniform national system for registration and
  140  enforcement of out-of-state orders appointing a guardian.
  141         Section 8. Section 744.76, Florida Statutes, is created to
  142  read:
  143         744.76Definitions.—As used in this part, the term:
  144         (1)“Home state” means the state in which the respondent
  145  was physically present, including any period of temporary
  146  absence, for at least 6 consecutive months immediately before
  147  the filing of a petition for incapacity, guardianship, or
  148  similar petition. If no such state exists, then the home state
  149  is the state in which the respondent was physically present,
  150  including any period of temporary absence, for at least 6
  151  consecutive months ending within the 6 months immediately before
  152  the filing of the petition.
  153         (2)“Respondent” means an adult who is an alleged
  154  incapacitated person or ward.
  155         (3)“Significant-connection state” means a state, other
  156  than the home state, with which a respondent has a significant
  157  connection other than mere physical presence, and in which
  158  substantial evidence concerning the respondent is available.
  159         (4)“State” means a state of the United States, the
  160  District of Columbia, Puerto Rico, the United States Virgin
  161  Islands, a federally recognized Indian tribe, or any territory
  162  or insular possession subject to the jurisdiction of the United
  163  States.
  164         Section 9. Section 744.77, Florida Statutes, is created to
  165  read:
  166         744.77International application of part.—A court of this
  167  state may treat a foreign country as if it were a state of the
  168  United States for purposes of applying this part.
  169         Section 10. Section 744.78, Florida Statutes, is created to
  170  read:
  171         744.78Communication between courts.—
  172         (1)A court of this state may communicate with a court of
  173  another state concerning a proceeding arising under this
  174  chapter; however, the court of this state shall make a record of
  175  the communication.
  176         (2)Communications between courts may not occur without the
  177  ability of interested persons to also participate in the
  178  communication, either in person or by other means of
  179  participation. Interested persons need not be a party to the
  180  internal communications between the clerks of the various
  181  courts.
  182         Section 11. Section 744.79, Florida Statutes, is created to
  183  read:
  184         744.79Cooperation between courts.—
  185         (1)In a guardianship proceeding in this state, a court of
  186  this state may request the appropriate court of another state to
  187  do any of the following:
  188         (a)Hold a hearing.
  189         (b)Order a person in that state to produce evidence or
  190  given testimony pursuant to procedures of that state.
  191         (c)Order that an evaluation or assessment be made of the
  192  respondent.
  193         (d)Order any appropriate investigation of a person
  194  involved in a proceeding.
  195         (e)Forward to the court of this state a certified copy of
  196  the transcript or other records of a hearing under paragraph (a)
  197  or any other proceeding, any evidence otherwise produced under
  198  paragraph (b), and any evaluation or assessment prepared in
  199  compliance with an order under paragraph (c) or paragraph (d).
  200         (f)Issue any order necessary to assure the appearance in
  201  the proceeding of a person whose presence is necessary for the
  202  court to make a determination, including the respondent.
  203         (g)Issue an order authorizing the release of medical,
  204  financial, criminal, or other relevant information in that
  205  state, including protected health information as defined in 45
  206  C.F.R. s. 160.103.
  207         (2)If a court of another state in which a guardianship
  208  proceeding is pending requests the kind of assistance described
  209  in subsection (1), a court of this state has jurisdiction for
  210  the limited purpose of granting the request or making reasonable
  211  efforts to comply with the request.
  212         Section 12. Section 744.80, Florida Statutes, is created to
  213  read:
  214         744.80Taking testimony in another state.—
  215         (1)In a guardianship proceeding, upon agreement of all the
  216  parties, a court of this state may permit a witness located in
  217  another state to be deposed or to testify by telephone,
  218  audiovisual, or other electronic means.
  219         (2)Documentary evidence transmitted from another state to
  220  a court of this state by technological means which does not
  221  produce an original writing may be excluded from evidence after
  222  a judicial determination of admissibility.
  223         Section 13. Section 744.81, Florida Statutes, is created to
  224  read:
  225         744.81Significant-connection factors.—In determining
  226  whether a respondent has a significant connection with a
  227  particular state, the court shall consider the following:
  228         (1)The location of the respondent’s family and other
  229  persons required to be notified of the guardianship proceeding.
  230         (2)The length of time that the respondent was physically
  231  present in the state at any point in time and the duration of
  232  any absence.
  233         (3)The location of the respondent’s property.
  234         (4)The extent to which the respondent has ties to the
  235  state, such as voting registration, state or local tax return
  236  filing, vehicle registration, driver license, social
  237  relationships, and receipt of services.
  238         Section 14. Section 744.82, Florida Statutes, is created to
  239  read:
  240         744.82Exclusive basis for jurisdiction.—This part provides
  241  the exclusive jurisdictional basis for a court of this state to
  242  appoint a guardian for an adult. If the courts of this state
  243  have jurisdiction, the appropriate venue shall be determined as
  244  provided in s. 744.1097.
  245         Section 15. Section 744.83, Florida Statutes, is created to
  246  read:
  247         744.83Jurisdiction.—A court of this state has jurisdiction
  248  to determine incapacity, appoint a guardian, or undertake
  249  similar proceedings if any of the following applies:
  250         (1)This state is the respondent’s home state.
  251         (2)On the date a petition is filed, this state is a
  252  significant-connection state and:
  253         (a)The respondent does not have a home state, or a court
  254  of the respondent’s home state has declined to exercise
  255  jurisdiction because this state is a more appropriate forum; or
  256         (b)The respondent has a home state but a petition for an
  257  appointment or order is not pending in a court of that state or
  258  another significant-connection state, and before the court of
  259  this state makes the appointment or issues an order:
  260         1.A petition to determine incapacity, appoint a guardian,
  261  or other similar proceeding is not filed in the respondent’s
  262  home state;
  263         2.An objection to the jurisdiction of the court of this
  264  state is not filed by a person required to be notified of the
  265  proceeding; and
  266         3.The court of this state concludes that it is the
  267  appropriate forum after considering the factors set forth in s.
  268  744.86.
  269         (3)This state does not have jurisdiction under subsection
  270  (1) or subsection (2), the respondent’s home state and all
  271  significant-connection states have declined to exercise
  272  jurisdiction because this state is the more appropriate forum,
  273  and jurisdiction in this state is consistent with the State
  274  Constitution and the United States Constitution.
  275         (4)The requirements for special jurisdiction under s.
  276  744.84 are met.
  277         Section 16. Section 744.84, Florida Statutes, is created to
  278  read:
  279         744.84Special jurisdiction.—
  280         (1)A court of this state has jurisdiction to do the
  281  following:
  282         (a)In accordance with this chapter, appoint an emergency
  283  temporary guardian pursuant to s. 744.3031 for a person who is
  284  physically present in this state.
  285         (b)Appoint a guardian for a ward for whom a provisional
  286  order to transfer the proceeding from another state has been
  287  issued.
  288         (2)If a petition for the appointment of an emergency
  289  temporary guardian is brought in this state and this state is
  290  not the respondent’s home state on the date that the petition is
  291  filed, the court must dismiss the proceeding at the request of
  292  the court of the home state, if any such request is made, only
  293  after a hearing and judicial determination of the appropriate
  294  forum of the alleged incapacitated person based on those factors
  295  as set forth in s. 744.86, whether by the home state or this
  296  state. If, after the hearing, the home state and this state
  297  differ in their determination of which is the appropriate forum,
  298  the determination of the home state shall prevail, whether
  299  dismissal is requested before or after the emergency
  300  appointment.
  301         Section 17. Section 744.85, Florida Statutes, is created to
  302  read:
  303         744.85Exclusive and continuing jurisdiction.—Except as
  304  otherwise provided in s. 744.84, a court that has appointed a
  305  guardian consistent with this part has exclusive and continuing
  306  jurisdiction over the proceeding only until a determination is
  307  made as to the proper jurisdiction of the action, the
  308  jurisdiction is terminated by the court, or the appointment or
  309  order expires by its own terms.
  310         Section 18. Section 744.86, Florida Statutes, is created to
  311  read:
  312         744.86Appropriate forum.—
  313         (1)A court of this state having jurisdiction to appoint a
  314  guardian may decline to exercise its jurisdiction if it
  315  determines at any time that a court of another state is a more
  316  appropriate forum.
  317         (2)If a court of this state declines to exercise its
  318  jurisdiction under subsection (1), it must dismiss or stay the
  319  proceeding. The court may impose any condition that the court
  320  considers just and proper, including requiring that a petition
  321  for the appointment of a guardian or issuance of similar
  322  petition be filed promptly in another state.
  323         (3)In determining whether it is an appropriate forum, the
  324  court shall consider all relevant factors, including:
  325         (a)Any expressed preference of the respondent.
  326         (b)Whether abuse, neglect, or exploitation of the
  327  respondent has occurred or is likely to occur, and which state
  328  could best protect the respondent from the abuse, neglect, or
  329  exploitation.
  330         (c)The length of time the respondent was physically
  331  present in or was a legal resident of this or another state.
  332         (d)The distance of the respondent from the court in each
  333  state.
  334         (e)The financial circumstances of the respondent’s estate.
  335         (f)The nature and location of the evidence.
  336         (g)The ability of the court in each state to decide the
  337  issue expeditiously and the procedures necessary to present
  338  evidence.
  339         (h)The familiarity of the court of each state with the
  340  facts and issues in the proceeding.
  341         (i)If an appointment was made, the court’s ability to
  342  monitor the conduct of the guardian or conservator.
  343         Section 19. Section 744.87, Florida Statutes, is created to
  344  read:
  345         744.87Jurisdiction declined by reason of conduct.—
  346         (1)If at any time a court of this state determines that it
  347  acquired jurisdiction to appoint a guardian because a person
  348  seeking to invoke its jurisdiction engaged in bad faith or
  349  unlawful conduct, the court may:
  350         (a)Decline to exercise jurisdiction; or
  351         (b)Exercise jurisdiction for the limited purpose of
  352  fashioning an appropriate remedy to ensure the health, safety,
  353  and welfare of the respondent or protecting the respondent’s
  354  property, or both, including staying the proceeding until a
  355  petition for the appointment of a guardian is filed in a court
  356  of another state having jurisdiction.
  357         (2)If a court of this state determines that it acquired
  358  jurisdiction to appoint a guardian because a person seeking to
  359  invoke its jurisdiction engaged in bad faith or unlawful
  360  conduct, it may assess that person necessary and reasonable
  361  expenses, including attorney fees, investigative fees, court
  362  costs, communication expenses, witness fees and expenses, and
  363  travel expenses. The court may not assess fees, costs, or
  364  expenses of any kind against this state or a governmental
  365  subdivision, agency, or instrumentality of this state unless
  366  otherwise expressly authorized by law.
  367         Section 20. Section 744.88, Florida Statutes, is created to
  368  read:
  369         744.88Notice of proceeding.—If a petition for the
  370  appointment of a guardian is brought in this state and this
  371  state is not the respondent’s home state on the date that the
  372  petition was filed, the petitioner must provide notice of the
  373  petition to those persons who would be entitled to notice of the
  374  petition in this state and in the respondent’s home state.
  375         Section 21. Section 744.89, Florida Statutes, is created to
  376  read:
  377         744.89Proceedings in more than one state.—Except for a
  378  petition for the appointment of an emergency temporary guardian,
  379  if a petition for the appointment of a guardian is filed in this
  380  state and in another state and neither petition has been
  381  dismissed or withdrawn, the following rules apply:
  382         (1)If the court of this state has jurisdiction under this
  383  chapter, it may proceed with the case unless a court of another
  384  state acquires jurisdiction before the appointment of the
  385  guardian or issuance of the order.
  386         (2)If the court of this state does not have jurisdiction
  387  under this chapter after a hearing and judicial determination of
  388  same, whether at the time the petition is filed or at any time
  389  before the appointment of a guardian or issuance of an order,
  390  the court must stay the proceeding and communicate with the
  391  court of the other state. If the court of the other state has
  392  jurisdiction after a hearing and judicial determination of same,
  393  the court of this state must dismiss the petition unless the
  394  court of the other state determines that the court of this state
  395  is a more appropriate forum.
  396         Section 22. Section 744.90, Florida Statutes, is created to
  397  read:
  398         744.90Transfer of guardianship to another state.—
  399         (1)A guardian appointed in this state may petition the
  400  court to transfer the guardianship to another state as provided
  401  in s. 744.1098(1).
  402         (2)Notice of a petition under subsection (1) must be given
  403  to the ward and all of the next of kin of the ward.
  404         (3)On the court’s own motion or upon request of the
  405  guardian, the ward, or both, the court shall hold a hearing on a
  406  petition filed under subsection (1).
  407         (4)The court may issue an order provisionally granting a
  408  petition to transfer a guardianship and shall direct the
  409  guardian to petition for guardianship in the other state if the
  410  court is satisfied that the guardianship will likely be accepted
  411  by the court of the other state and the court finds that:
  412         (a)The ward is physically present in or is reasonably
  413  expected to move permanently to the other state;
  414         (b)An objection to the transfer has not been made or, if
  415  an objection has been made, the objector has not established
  416  that the transfer would be contrary to the best interests of the
  417  ward ; and
  418         (c)Plans for care and services for the ward in the other
  419  state are reasonable and sufficient.
  420         (5)The court shall issue a final order confirming the
  421  transfer and terminating the guardianship upon its receipt of:
  422         (a)A provisional order accepting the proceeding from the
  423  court to which the proceeding is to be transferred and issued
  424  under provisions similar to s. 744.89; and
  425         (b)The documents required, including any required
  426  accountings, to terminate a guardianship in this state.
  427         (6)The guardian of the ward in this state shall file a
  428  petition for discharge in accordance with part VII of this
  429  chapter within 60 days after receipt of an order confirming the
  430  transfer of the guardianship to another jurisdiction.
  431         Section 23. Section 744.91, Florida Statutes, is created to
  432  read:
  433         744.91Accepting guardianship transferred from another
  434  state.—
  435         (1)Within 60 days after the residence of a ward of a
  436  foreign guardian is moved to this state, the foreign guardian
  437  appointed in another state shall file a petition to determine
  438  incapacity and a petition to appoint a guardian with the clerk
  439  of court in the county in which the ward resides. The petitions
  440  must include a certified copy of the other state’s provisional
  441  order of transfer, in addition to a certified copy of the
  442  guardian’s letters of guardianship or the equivalent.
  443         (2)Notice of the petitions under subsection (1) must be
  444  given to those persons who would be entitled to notice in this
  445  state in the same manner as notice is required to be given in
  446  this state and the respondent’s home state.
  447         (3)The court shall hold a hearing on the petitions filed
  448  pursuant to the procedures set forth in this chapter.
  449         (4)The court shall issue orders provisionally granting the
  450  petitions unless:
  451         (a)An objection is made and the objector establishes that
  452  transfer of the proceeding would be contrary to the best
  453  interests of the ward; or
  454         (b)The guardian is ineligible for appointment in this
  455  state.
  456         (5)Until such time as a guardian is appointed in this
  457  state for the ward or the ward is determined to not require a
  458  guardian in this state, the foreign guardian’s authority is
  459  recognized and given full faith and credit in the courts of this
  460  state, provided that the guardian is qualified to serve as the
  461  guardian of the ward in this state. A foreign guardian who fails
  462  to comply with the requirements of this section has no authority
  463  to act on behalf of the ward in this state.
  464         (6)After appointment of a guardian in this state, the
  465  court may issue such orders as necessary to complete the
  466  transfer of the foreign guardianship to this state or the
  467  termination of the foreign guardianship, as may be required.
  468         (7)The authority of the guardian of a nonresident ward
  469  shall be recognized and given full faith and credit in the
  470  courts of this state. A guardian appointed in another state or
  471  country may maintain or defend any action in this state as a
  472  representative of the ward unless a guardian has been appointed
  473  in this state.
  474         Section 24. Section 744.92, Florida Statutes, is created to
  475  read:
  476         744.92Registration of guardianship orders.—If a guardian
  477  has been appointed in another state and a petition for the
  478  appointment of a guardianship is not pending in this state, the
  479  guardian appointed in the other state, after giving notice of
  480  the appointment to the appointing court of the intent to
  481  register, may register the guardianship order in this state by
  482  filing it as a foreign judgment in a court of this state
  483  pursuant to ss. 744.307 and 744.308.
  484         Section 25. Section 744.93, Florida Statutes, is created to
  485  read:
  486         744.93Effect of registration.—Upon registration of an
  487  order from another state appointing a guardian, the guardian or
  488  conservator may exercise in this state all powers authorized in
  489  the order of appointment except as prohibited under the laws of
  490  this state and, if the guardian is not a resident of this state,
  491  subject to any conditions imposed upon nonresident parties.
  492         Section 26. Section 744.94, Florida Statutes, is created to
  493  read:
  494         744.94Uniformity of application and construction.—In
  495  applying and construing this part, consideration must be given
  496  to the need to promote uniformity of the law with respect to its
  497  subject matter among states that enact it.
  498         Section 27. Section 744.95, Florida Statutes, is created to
  499  read:
  500         744.95Relation to federal Electronic Signatures in Global
  501  and National Commerce Act.—This part modifies, limits, and
  502  supersedes the federal Electronic Signatures in Global and
  503  National Commerce Act, 15 U.S.C. s. 7001 et seq., but does not
  504  modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s.
  505  7001(c), or authorize electronic delivery of any of the notices
  506  described in s. 103(b) of that act, 15 U.S.C. s. 7003(b).
  507         Section 28. This act applies to new and existing
  508  guardianship proceedings on or after July 1, 2022.
  509         Section 29. This act shall take effect July 1, 2022.
  510  
  511  ================= T I T L E  A M E N D M E N T ================
  512  And the title is amended as follows:
  513         Delete everything before the enacting clause
  514  and insert:
  515                        A bill to be entitled                      
  516         An act relating to guardianships; amending s. 744.306,
  517         F.S.; deleting provisions relating to foreign
  518         guardianship orders; amending s. 744.363, F.S.;
  519         authorizing a guardian to sign an order not to
  520         resuscitate in certain limited circumstances; amending
  521         s. 744.3675, F.S.; authorizing a guardian to sign an
  522         order not to resuscitate in certain limited
  523         circumstances; amending s. 744.441, F.S.; authorizing
  524         a guardian to consent to the entry of an order not to
  525         resuscitate by a physician under certain limited
  526         circumstances; requiring a guardian to notify the
  527         court within a certain time after signing or
  528         consenting to the entry of an order not to
  529         resuscitate; creating part IX of ch. 744, Florida
  530         Statutes, entitled the “Florida Guardianship
  531         Jurisdiction Act”; creating s. 744.74, F.S.; providing
  532         a short title; creating s. 744.75, F.S.; providing
  533         legislative purpose and construction; creating s.
  534         744.76, F.S.; defining terms; creating s. 744.77,
  535         F.S.; providing construction relating to international
  536         application; creating s. 744.78, F.S.; authorizing
  537         courts of this state to communicate with courts of
  538         another state relating to certain proceedings;
  539         requiring courts of this state to make a record of
  540         such communication; specifying communications that
  541         interested persons must be able to participate in;
  542         creating s. 744.79, F.S.; specifying actions that a
  543         court of this state may request from, and perform for,
  544         a court of another state in certain guardianship
  545         proceedings; creating s. 744.80, F.S.; authorizing
  546         courts of this state to permit witness testimony by
  547         certain means; providing that certain evidence may be
  548         excluded after a judicial determination of
  549         admissibility; creating s. 744.81, F.S.; specifying
  550         factors a court must consider in determining whether a
  551         respondent has a significant connection with a
  552         particular state; creating s. 744.82, F.S.; providing
  553         construction relating to the basis for jurisdiction;
  554         creating s. 744.83, F.S.; specifying circumstances
  555         when a court of this state has jurisdiction in certain
  556         guardianship proceedings; creating s. 744.84, F.S.;
  557         specifying the special jurisdiction of courts of this
  558         state; providing procedures relating to the
  559         appointment of an emergency temporary guardian under
  560         certain circumstances; creating s. 744.85, F.S.;
  561         providing that a court that has appointed a guardian
  562         has exclusive and continuing jurisdiction until
  563         certain conditions are met; creating s. 744.86, F.S.;
  564         authorizing a court of this state to decline to
  565         exercise its jurisdiction under certain circumstances;
  566         specifying requirements for such court; specifying
  567         factors a court must consider in determining whether
  568         it is an appropriate forum; creating s. 744.87, F.S.;
  569         authorizing a court to decline to exercise
  570         jurisdiction or to exercise jurisdiction for a limited
  571         purpose under certain circumstances; authorizing a
  572         court to assess certain expenses against certain
  573         persons; prohibiting the court from assessing certain
  574         fees, costs, or expenses against this state; creating
  575         s. 744.88, F.S.; providing notice requirements for
  576         certain petitions to appoint a guardian; creating s.
  577         744.89, F.S.; providing procedures when certain
  578         proceedings are pending in more than one state;
  579         creating s. 744.90, F.S.; authorizing a guardian
  580         appointed in this state to petition to transfer the
  581         guardianship to another state; providing notice
  582         requirements; providing requirements and procedures
  583         for the court; specifying conditions before a court
  584         issues a final order confirming the transfer and
  585         terminating the guardianship; providing a requirement
  586         for the guardian in filing a petition for discharge;
  587         creating s. 744.91, F.S.; specifying requirements and
  588         procedures for the transfer of a guardianship from
  589         another state; providing construction; creating s.
  590         744.92, F.S.; providing a procedure for registering
  591         guardianship orders in this state under certain
  592         circumstances; creating s. 744.93, F.S.; providing
  593         construction relating to the effect of registering a
  594         guardianship order; creating s. 744.94, F.S.;
  595         providing construction relating to uniformity of law;
  596         creating s. 744.95, F.S.; providing construction
  597         relating to the federal Electronic Signatures in
  598         Global and National Commerce Act; providing
  599         applicability; providing an effective date.