Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1710
       
       
       
       
       
       
                                Ì208562-Î208562                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Appropriations (Bradley) recommended the
       following:
       
    1         Senate Substitute for Amendment (483144) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 744.2112, Florida Statutes, is created
    7  to read:
    8         744.2112 Guardianship data collection and transparency.
    9         (1)(a)On or after July 1, 2023, the Florida Clerks of
   10  Court Operations Corporation and the clerks of court shall
   11  establish a statewide database of guardianship information to
   12  facilitate improving court oversight of guardianship cases. The
   13  database must meet interoperability standards defined by the
   14  Florida Courts Technology Commission, such that each circuit
   15  court can easily access the data for regular use in judicial
   16  proceedings under this chapter. The database must include, at a
   17  minimum, all of the following:
   18         1.The status of each professional guardian’s bond and
   19  registration data.
   20         2.Substantiated disciplinary data of each professional
   21  guardian provided by the Office of Public and Professional
   22  Guardians and the grounds for such discipline.
   23         3. Information regarding the status of each guardian’s
   24  compliance with the statutory qualifications for guardianship.
   25         4. The status of statutorily required annual registrations
   26  for the professional guardian as required by s. 744.2002(2) and
   27  the status of reports and submissions statutorily required under
   28  chapter 744.
   29         5.The number of wards served by each guardian, by ward
   30  county of residence.
   31         (b) The database must be searchable by, at a minimum, the
   32  name of the petitioner, ward, guardian, guardian advocate, and
   33  legal counsel for all parties; the demographic information of
   34  the ward; the guardian’s location; the name of the judge and
   35  circuit in which the case is brought; and the number of wards
   36  served by each guardian, by ward county of residence. The
   37  database must have the ability to generate statewide and
   38  circuit-level statistical data to provide assistance to the
   39  courts.
   40         (c)The database established under this subsection must be
   41  accessible only by members of the judiciary and their direct
   42  staff. The database must restrict access to that information
   43  needed to perform an individual court personnel’s duties, but in
   44  no way restrict access by judges and magistrates.
   45         (2)On or after July 1, 2023, the Florida Clerks of Court
   46  Operations Corporation shall also establish a publicly
   47  accessible webpage to facilitate improving transparency of
   48  guardianship cases to the public.
   49         (a)The Florida Clerks of Court Operations Corporation must
   50  generate monthly reports of statewide, circuit-level, and
   51  county-level statistical data to provide assistance to the
   52  courts and the Department of Elderly Affairs, and transparency
   53  to the public and policymakers, regarding the state’s
   54  guardianship system. Such data reports must include only
   55  aggregated and deidentified data and must be published on the
   56  webpage established under this subsection.
   57         (b)The webpage established under this subsection must
   58  include a database that is accessible to and searchable by the
   59  public. The database must be searchable by the name of a
   60  professional guardian to view current data regarding the number
   61  of wards served by that guardian, the counties of residence of
   62  such wards, and whether the wards are under limited or plenary
   63  guardianships. Such search may not allow access to personal
   64  identifying information of wards.
   65         (3)The Office of Public and Professional Guardians is
   66  directed to share professional guardian registration and
   67  disciplinary action data for the purposes of this section.
   68         (4)In addition to the reports required under paragraph
   69  (2)(a), the Florida Clerks of Court Operations Corporation must
   70  also generate reports using information in the databases
   71  established under subsection (1) or subsection (2) at the
   72  request of the Legislature, the judiciary, or the Department of
   73  Elderly Affairs.
   74         (5)(a)By January 1, 2023, the Florida Clerks of Court
   75  Operations Corporation must provide the President of the Senate
   76  and the Speaker of the House of Representatives with a proposed
   77  list of specific data elements for inclusion in a database
   78  established pursuant to subsection (1) for regular judicial use.
   79  Additionally, the Florida Clerks of Court Operations Corporation
   80  must provide a proposed list of relevant data elements that may
   81  be considered for inclusion, in addition to those enumerated in
   82  paragraph (2)(b), in a publicly accessible and searchable
   83  database to be used for providing enhanced transparency of the
   84  state’s guardianship cases to the public. Any data elements
   85  recommended for inclusion in the publicly searchable database
   86  must be established in a manner that ensures confidentiality of
   87  ward information.
   88         (b)To develop the proposed lists of data points, the
   89  Florida Clerks of Court Operations Corporation shall engage with
   90  stakeholders, including, but not limited to, judicial officers
   91  and magistrates who handle guardianship and probate matters; the
   92  Florida State Guardianship Association; the Elder Law Section of
   93  The Florida Bar; the Real Property, Probate, and Trust Law
   94  Section of The Florida Bar; and the Department of Elderly
   95  Affairs, to obtain feedback for use in the development of
   96  specific data elements for any databases established in
   97  accordance with this section. The Florida Clerks of Court
   98  Operations Corporation must collaborate with the Office of the
   99  State Courts Administrator and the clerks of the court through
  100  the Florida Courts Technology Commission to implement the data
  101  elements and databases to achieve interoperability.
  102         (6)(a) Beginning July 1, 2024, and annually thereafter
  103  through July 1, 2027, the Florida Clerks of Court Operations
  104  Corporation shall compile data maintained in the database that
  105  has been collected from the clerks of court and the Department
  106  of Elderly Affairs and submit such data to the Office of Program
  107  Policy Analysis and Government Accountability (OPPAGA).
  108         (b)OPPAGA shall analyze the consolidated data compiled in
  109  accordance with paragraph (a) to evaluate trends in the use of
  110  guardianships in this state and conduct a comparative analysis
  111  of guardianship laws in other states. In conducting the
  112  analysis, OPPAGA shall consult with the Office of State Courts
  113  Administrator, the Clerks of Court Operations Corporation, the
  114  clerks of the court, and the Department of Elderly Affairs.
  115  OPPAGA shall submit a report containing findings and
  116  recommendations to the Governor, the President of the Senate,
  117  and the Speaker of the House of Representatives by October 15,
  118  2024, and annually thereafter through October 15, 2027.
  119         (c)The data compiled and reported under paragraphs (a) and
  120  (b) must be produced in a statewide, circuit-level, and county
  121  level statistical format. Such reports must include only
  122  aggregated and deidentified data. Further, the reports provided
  123  under paragraphs (a) and (b) may not contain personal
  124  identifying information of wards.
  125         Section 2. Subsection (7) is added to section 744.2001,
  126  Florida Statutes, to read:
  127         744.2001 Office of Public and Professional Guardians.—There
  128  is created the Office of Public and Professional Guardians
  129  within the Department of Elderly Affairs.
  130         (7)The Office of Public and Professional Guardians shall
  131  publish on its website a profile of each registered professional
  132  guardian. The profiles must be accessible and searchable by the
  133  public and must include, at a minimum, the guardian’s name and
  134  business address, whether the guardian meets the education and
  135  bonding requirements under s. 744.2003, the number and type of
  136  substantiated complaints against the professional guardian, and
  137  any disciplinary actions taken by the Department of Elderly
  138  Affairs against the guardian. The Department of Elderly Affairs
  139  may adopt rules necessary to implement this subsection.
  140         Section 3. For the 2022-2023 fiscal year, the sum of
  141  $2,400,000 in nonrecurring funds is appropriated from the
  142  General Revenue Fund to the Justice Administrative Commission
  143  for distribution to the Florida Clerks of Court Operations
  144  Corporation for the purpose of implementing this act.
  145         Section 4. For the 2022-2023 fiscal year, the sums of
  146  $40,000 in recurring funds and $300,000 in nonrecurring funds
  147  are appropriated from the General Revenue Fund to the Department
  148  of Elderly Affairs for the purpose of implementing this act.
  149         Section 5. This act shall take effect July 1, 2022.
  150  ================= T I T L E  A M E N D M E N T ================
  151  And the title is amended as follows:
  152         Delete everything before the enacting clause
  153  and insert:
  154                        A bill to be entitled                      
  155         An act relating to guardianship data transparency;
  156         creating s. 744.2112, F.S.; requiring the Florida
  157         Clerks of Court Operations Corporation and the clerks
  158         of court to establish a statewide database of
  159         guardianship data on or after a certain date;
  160         specifying requirements for the database; specifying
  161         database access restrictions; requiring the
  162         corporation and clerks of court to establish a webpage
  163         for certain purposes on or after a specified date;
  164         requiring the corporation to generate certain monthly
  165         reports; requiring that the webpage include a database
  166         meeting certain requirements; requiring the Office of
  167         Public and Professional Guardians to share certain
  168         data; requiring the corporation to generate certain
  169         reports at the request of certain entities; requiring
  170         the corporation to provide the Legislature with
  171         certain lists by a specified date; providing
  172         requirements for the corporation in developing such
  173         lists and in implementing data elements and databases;
  174         requiring the corporation to annually compile and
  175         submit certain data to the Office of Program Policy
  176         Analysis and Government Accountability (OPPAGA);
  177         requiring OPPAGA to conduct a certain analysis and
  178         submit annual reports to the Governor and the
  179         Legislature; specifying requirements for certain data
  180         and reports; amending s. 744.2001, F.S.; requiring the
  181         Office of Public and Professional Guardians to publish
  182         profiles of registered professional guardians on its
  183         website; specifying requirements for the profiles;
  184         authorizing the Department of Elderly Affairs to adopt
  185         rules; providing appropriations; providing an
  186         effective date.