Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for HB 1349
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AE/2R         .            Floor: C            
             03/07/2022 08:07 PM       .      03/10/2022 12:42 PM       

       Senator Bradley moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 43 - 136
    4  and insert:
    5         (1)The Florida Clerks of Court Operations Corporation and
    6  the clerks of court shall establish a statewide database of
    7  guardian and guardianship case information to facilitate
    8  improving court oversight of guardianship cases. The database
    9  may not be operational for end users until on or after July 1,
   10  2023. The database must meet interoperability standards defined
   11  by the Florida Courts Technology Commission so that each circuit
   12  court can easily access the information for regular use in
   13  judicial proceedings under this chapter. The database must
   14  include, at a minimum, the following:
   15         (a)The registration status of each professional guardian.
   16         (b)The substantiated disciplinary history of each
   17  professional guardian.
   18         (c)The status of each guardian’s compliance with the
   19  statutory qualifications for guardianship under s. 744.2003 or
   20  s. 744.3145.
   21         (d)The status of statutorily required reports and
   22  submissions under chapter 744.
   23         (2)(a)Except as provided under paragraph (3)(b), the
   24  database shall be accessible only by members of the judiciary,
   25  their direct staff, and court personnel and clerks of court
   26  personnel authorized by a judge to assist with guardianship
   27  matters. The database must restrict access to the information
   28  necessary to perform such individual’s duties, but in no way
   29  restrict access by judges or magistrates.
   30         (b)The database must be searchable by, at a minimum, the
   31  name of the petitioner, ward, guardian, and legal counsel for
   32  all parties; the demographic information of the ward; the
   33  location of the guardian’s office; the name of the judge and the
   34  circuit in which the case is brought; and the number of wards
   35  served by each guardian, by ward county of residence.
   36         (3)The Florida Clerks of Court Operations Corporation
   37  shall:
   38         (a)Upload certain professional guardian information from
   39  the database to a webpage accessible to the general public in a
   40  searchable format. Such professional guardian information must
   41  be limited to the names of professional guardians and current
   42  data regarding the number of wards served by each guardian, the
   43  counties of residence of such wards and the number of wards
   44  residing in each county, and whether the wards are under limited
   45  or plenary guardianships. Personal identifying information of
   46  wards may not be included in the data that is searchable under
   47  this paragraph.
   48         (b)Generate monthly reports of statewide, circuit-level,
   49  and county-level statistical data to provide assistance to the
   50  courts and the Department of Elderly Affairs and to provide
   51  transparency to the public and the Legislature regarding the
   52  state’s guardianship system. The monthly reports shall include
   53  only aggregated and deidentified data. The Florida Clerks of
   54  Court Operations Corporation shall publish the statistical data
   55  reports monthly on the webpage under paragraph (a).
   56         (c)Generate reports using information in the database at
   57  the request of the Legislature, the judiciary, or the Department
   58  of Elderly Affairs.
   59         (4)The Office of Public and Professional Guardians is
   60  directed to share professional guardian registration and
   61  disciplinary action information for the purposes of this
   62  section.
   63         (5)(a)Beginning July 1, 2024, and annually thereafter
   64  through July 1, 2027, the Florida Clerks of Court Operations
   65  Corporation must compile and report data collected by the clerks
   66  of court and the Department of Elderly Affairs and maintained in
   67  the database to the Office of Program Policy Analysis and
   68  Government Accountability (OPPAGA).
   69         (b)OPPAGA must analyze the consolidated data compiled in
   70  accordance with paragraph (a) to evaluate trends in the use of
   71  guardianships in this state and to conduct a comparative
   72  analysis of guardianship laws in other states. OPPAGA must
   73  consult with the Office of the State Courts Administrator, the
   74  Florida Clerks of Court Operations Corporation, the clerks of
   75  court, and the Department of Elderly Affairs during its
   76  analysis. OPPAGA shall submit a report containing its findings
   77  and recommendations to the Governor, the President of the
   78  Senate, and the Speaker of the House of Representatives by
   79  October 15, 2024, and annually thereafter through October 15,
   80  2027.
   81         (c)The data compiled and used for the reports required
   82  under this subsection must be produced in a statewide, circuit
   83  level, and county-level statistical format. Such reports must
   84  include only aggregated and deidentified data and may not
   85  contain personal identifying information of wards.
   86         Section 2. Subsection (7) is added to section 744.2001,
   87  Florida Statutes, to read:
   88         744.2001 Office of Public and Professional Guardians.—There
   89  is created the Office of Public and Professional Guardians
   90  within the Department of Elderly Affairs.
   91         (7)(a) On or before July 1, 2023, the Office of Public and
   92  Professional Guardians shall publish on its website a profile of
   93  each registered professional guardian. The profiles must be
   94  accessible and searchable by the public and must include, at a
   95  minimum, the following information:
   96         1.The guardian’s name and business address.
   97         2.Whether the guardian meets the education and bonding
   98  requirements under s. 744.2003.
   99         3.The number and type of substantiated complaints against
  100  the guardian.
  101         4.Any disciplinary actions taken by the Department of
  102  Elderly Affairs against the guardian.
  103         (b)The Department of Elderly Affairs may not populate the
  104  professional guardian profiles with information from the
  105  database established in s. 744.2112.
  106         (c) The Department of Elderly Affairs may adopt rules
  108  ================= T I T L E  A M E N D M E N T ================
  109  And the title is amended as follows:
  110         Delete lines 7 - 35
  111  and insert:
  112         database; specifying restrictions on accessing the
  113         database; specifying duties of the corporation
  114         relating to uploading certain database information to
  115         a certain website and generating and publishing
  116         certain reports; providing requirements for the
  117         website; requiring the Office of Public and
  118         Professional Guardians to share certain data;
  119         requiring the corporation to compile and report
  120         certain data to the Office of Program Policy Analysis
  121         and Government Accountability (OPPAGA) at specified
  122         intervals; requiring certain data to be produced in a
  123         certain format; requiring OPPAGA to analyze data and
  124         prepare reports containing certain information;
  125         requiring such reports to be provided to the Governor
  126         and the Legislature at specified intervals; providing
  127         requirements and prohibitions of such reports;
  128         amending s. 744.2001, F.S.; requiring the office to
  129         publish online profiles of registered professional
  130         guardians on or before a certain date; requiring the
  131         online profiles to contain certain information;
  132         prohibiting the Department of Elderly Affairs from
  133         populating the profiles with certain information;
  134         authorizing the department to adopt rules; providing
  135         appropriations; providing an