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

       The Committee on Appropriations (Bradley) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 744.2112, Florida Statutes, is created
    6  to read:
    7         744.2112 Guardianship Data Collection and transparency.—
    8         (1)(a)On or after July 1, 2023, the Florida Clerks of
    9  Court Operations Corporation and the clerks of court shall
   10  establish a statewide database of guardianship information that
   11  shall be accessible to and searchable by the courts 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. The database must include, at a minimum, all of the
   17  following:
   18         1.The status of each professional guardian’s bond,
   19  registration data, substantiated disciplinary history provided
   20  by the Office of Public and Professional Guardians, and the
   21  grounds that constitute the misconduct leading to the
   22  discipline.
   23         2. Information regarding the status of each guardian’s
   24  compliance with the statutory qualifications for guardianship.
   25         3. The status of statutorily required annual registrations
   26  for the professional guardian as required by section
   27  744.2002(2), and the status of reports and submissions
   28  statutorily required under chapter 744.
   29         (b) The database must be searchable by, at a minimum, the
   30  name of the petitioner, ward, guardian, guardian advocate, legal
   31  counsel for all parties, and other parties to a case; the
   32  demographic information of the ward; the guardian’s location;
   33  and the name of the judge and circuit in which the case is
   34  brought. The database must have the ability to generate
   35  statewide and circuit-level statistical data to provide
   36  assistance to the courts. The Office of Public and Professional
   37  Guardians is directed to share professional guardian
   38  registration and substantiated disciplinary data with the
   39  Florida Clerks of Court Operations Corporation for the purposes
   40  of inclusion in the database pursuant to this subsection.
   41         (2) On or after July 1, 2023, the Office of Public and
   42  Professional Guardians shall publish a profile of each
   43  registered professional guardian on its website. The profiles
   44  must be accessible to and searchable by the public and must
   45  include, at a minimum, the information submitted to the Office
   46  of Public and Professional Guardians under section 744.2002,
   47  whether any complaints against the professional guardian have
   48  been substantiated, and any disciplinary actions taken by the
   49  Department of Elderly Affairs. The department may adopt rules to
   50  implement the provisions of this subsection.
   51         (3)(a) Beginning July 1, 2024, and annually thereafter
   52  through July 1, 2027, the Florida Clerks of Court Operation
   53  Corporation shall compile and report data maintained in the
   54  database that has been collected from the clerks of court and
   55  the department and submit such data to the Office of Program
   56  Policy Analysis and Governmental Accountability (OPPAGA).
   57         (b)The OPPAGA must analyze the consolidated data compiled
   58  in accordance with paragraph (a) to evaluate trends in the use
   59  and effectiveness of guardianships in this state and conduct a
   60  comparative analysis of guardianship laws in other states. In
   61  conducting the report, the OPPAGA shall consult with the Office
   62  of State Courts Administration, the Florida Clerks of Court
   63  Operation Corporation, the clerks of the court, and the
   64  department. The OPPAGA shall submit a report containing findings
   65  and recommendations to the Governor, the President of the
   66  Senate, the Speaker of the House of Representatives by October
   67  15, 2024, and annually thereafter through October 15, 2027.
   68         (c)The reports provided under paragraphs (a) and (b) must
   69  not contain personal identifying information of wards.
   70         Section 2. For the 2022-2023 fiscal year, the sum of
   71  $2,400,000 in nonrecurring funds is appropriated from the
   72  General Revenue Fund to the Justice Administrative Commission
   73  for distribution to the Florida Clerks of Court Operations
   74  Corporation for the purpose of implementing this act.
   75         Section 3. For the 2022-2023 fiscal year, the sums of
   76  $40,000 in recurring funds and $300,000 in nonrecurring funds
   77  are appropriated from the General Revenue Fund to the Department
   78  of Elderly Affairs for the purpose of implementing this act.
   79         Section 4. This act shall take effect July 1, 2022.
   80  ================= T I T L E  A M E N D M E N T ================
   81  And the title is amended as follows:
   82         Delete everything before the enacting clause
   83  and insert:
   84                        A bill to be entitled                      
   85         An act relating to guardianship data transparency;
   86         creating s. 744.2112, F.S.; requiring the Florida
   87         Clerks of Court Operations Corporation and the clerks
   88         of court to establish a statewide database of
   89         guardianship data on or after a certain date;
   90         requiring the database to meet certain
   91         interoperability standards; requiring the database to
   92         contain certain information; limiting access to the
   93         database to certain persons; requiring the Office of
   94         Public and Professional Guardians to provide certain
   95         data for use in the database; requiring the database
   96         to be searchable in specified ways; requiring the
   97         database to be able to generate certain statistical
   98         data; requiring the Office of Public and Professional
   99         Guardians to publish online profiles of registered
  100         professional guardians on or after a certain date;
  101         requiring the online profiles to contain certain
  102         information; requiring the profiles to be accessible
  103         to and searchable by the public; requiring the
  104         profiles to include certain information; providing
  105         rulemaking authority; requiring the Florida Clerks of
  106         Court Operations Corporation and clerks of court to
  107         analyze and compile data by a certain date; requiring
  108         the Office of Program Policy Analysis and Governmental
  109         Accountability to analyze data and prepare reports
  110         containing certain information; requiring the reports
  111         be provided annually to the Governor, the President of
  112         the Senate, and the Speaker of the House of
  113         Representatives by a certain date; prohibiting the
  114         reports from containing certain information; providing
  115         appropriations; providing an effective date.