Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. CS for SB 1710 Ì483144"Î483144 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 744.2112, 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.