The Florida Senate

744.703  Office of public guardian; appointment, notification.--

(1)  The chief judge of the judicial circuit, after consultation with the circuit judges within the judicial circuit and with appropriate advocacy groups and individuals and organizations who are knowledgeable about the needs of incapacitated persons, may establish, within a county in the judicial circuit or within the judicial circuit, an office of public guardian and create a list of persons best qualified to serve as the public guardian. The public guardian must have knowledge of the legal process and knowledge of social services available to meet the needs of incapacitated persons. A nonprofit corporation under s. 744.309(5) may be appointed public guardian only if:

(a)  It has been granted tax-exempt status from the United States Internal Revenue Service; and

(b)  It maintains a staff of professionally qualified individuals to carry out the guardianship functions, including a staff attorney who has experience in probate areas and another person who has a master's degree in social work, or a gerontologist, psychologist, registered nurse, or nurse practitioner.

(2)  The chief judge shall appoint the public guardian. A public guardian must meet the qualifications for a guardian as prescribed in s. 744.309(1)(a). Upon appointment of the public guardian, the chief judge shall notify the Chief Justice of the Supreme Court of Florida, in writing, of the appointment.

(3)  If the needs of the circuit do not require a full-time public guardian, a part-time public guardian may be appointed at reduced compensation.

(4)  A public guardian, whether full-time or part-time, may not hold any position that would create a conflict of interest.

(5)  The public guardian is to be appointed for a term of 4 years, after which her or his appointment must be reviewed by the chief judge of the circuit, and may be reappointed. Removal of the public guardian from office during the term of office must be by the chief judge. This section does not limit the application of ss. 744.474 and 744.477.

History.--s. 1, ch. 86-120; s. 98, ch. 89-96; s. 69, ch. 95-211; s. 27, ch. 95-401; s. 16, ch. 96-354; s. 1789, ch. 97-102.