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

       Senator Bradley moved the following:
    1         Senate Substitute for Amendment (821682) (with title
    2  amendment)
    4         Delete lines 71 - 160
    5  and insert:
    6  accessible only by members of the judiciary, their direct staff,
    7  and court personnel and clerks of court personnel authorized by
    8  a judge to assist with guardianship matters. The database must
    9  restrict access to that information needed to perform an
   10  individual court personnel’s duties, but in no way restrict
   11  access by judges and magistrates.
   12         (2)On or after July 1, 2023, the Florida Clerks of Court
   13  Operations Corporation shall also establish a publicly
   14  accessible webpage to facilitate improving transparency of
   15  guardianship cases to the public.
   16         (a)The Florida Clerks of Court Operations Corporation must
   17  generate monthly reports of statewide, circuit-level, and
   18  county-level statistical data to provide assistance to the
   19  courts and the Department of Elderly Affairs, and transparency
   20  to the public and policymakers, regarding the state’s
   21  guardianship system. Such data reports must include only
   22  aggregated and deidentified data and must be published on the
   23  webpage established under this subsection.
   24         (b)The webpage established under this subsection must
   25  include a database that is accessible to and searchable by the
   26  public. The database must be searchable by the name of a
   27  professional guardian to view current data regarding the number
   28  of wards served by that guardian, the counties of residence of
   29  such wards, and whether the wards are under limited or plenary
   30  guardianships. Such search may not allow access to personal
   31  identifying information of wards.
   32         (3)The Office of Public and Professional Guardians is
   33  directed to share professional guardian registration and
   34  disciplinary action data for the purposes of this section.
   35         (4)In addition to the reports required under paragraph
   36  (2)(a), the Florida Clerks of Court Operations Corporation must
   37  also generate reports using information in the databases
   38  established under subsection (1) or subsection (2) at the
   39  request of the Legislature, the judiciary, or the Department of
   40  Elderly Affairs.
   41         (5)(a) Beginning July 1, 2024, and annually thereafter
   42  through July 1, 2027, the Florida Clerks of Court Operations
   43  Corporation shall compile data maintained in the databases
   44  established under paragraphs (1)(a) and (2)(b) which has been
   45  collected from the clerks of court and the Department of Elderly
   46  Affairs and submit such data to the Office of Program Policy
   47  Analysis and Government Accountability (OPPAGA).
   48         (b)OPPAGA shall analyze the consolidated data compiled in
   49  accordance with paragraph (a) to evaluate trends in the use of
   50  guardianships in this state and conduct a comparative analysis
   51  of guardianship laws in other states. In conducting the
   52  analysis, OPPAGA shall consult with the Office of State Courts
   53  Administrator, the Clerks of Court Operations Corporation, the
   54  clerks of the court, and the Department of Elderly Affairs.
   55  OPPAGA shall submit a report containing findings and
   56  recommendations to the Governor, the President of the Senate,
   57  and the Speaker of the House of Representatives by October 15,
   58  2024, and annually thereafter through October 15, 2027.
   59         (c)The data compiled and reported under paragraphs (a) and
   60  (b) must be produced in a statewide, circuit-level, and county
   61  level statistical format. Such reports must include only
   62  aggregated and deidentified data. Further, the reports provided
   63  under paragraphs (a) and (b) may not contain personal
   64  identifying information of wards.
   65         Section 2. Subsection (7) is added to section 744.2001,
   66  Florida Statutes, to read:
   67         744.2001 Office of Public and Professional Guardians.—There
   68  is created the Office of Public and Professional Guardians
   69  within the Department of Elderly Affairs.
   70         (7)On or after July 1, 2023, the Office of Public and
   71  Professional Guardians shall
   73  ================= T I T L E  A M E N D M E N T ================
   74  And the title is amended as follows:
   75         Delete lines 16 - 29
   76  and insert:
   77         at the request of certain entities; requiring the
   78         corporation to annually compile and submit certain
   79         data to the Office of Program Policy Analysis and
   80         Government Accountability (OPPAGA); requiring OPPAGA
   81         to conduct a certain analysis and submit annual
   82         reports to the Governor and the Legislature;
   83         specifying requirements for certain data and reports;
   84         amending s. 744.2001, F.S.; requiring the Office of
   85         Public and Professional Guardians to publish profiles
   86         of registered professional guardians on its website on
   87         or after a specified date;