Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. CS for SB 1710 Ì208562-Î208562 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.