Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1226
       
       
       
       
       
       
                                Ì366026$Î366026                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2015           .                                
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       The Committee on Fiscal Policy (Hays) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The Division of Law Revision and Information is
    6  directed to add ss. 744.1096-744.1098, Florida Statutes, created
    7  by this act, to part I of chapter 744, Florida Statutes.
    8         Section 2. The Division of Law Revision and Information is
    9  directed to retitle part II of chapter 744, Florida Statutes,
   10  consisting of ss. 744.2001-744.2109, Florida Statutes, as
   11  “PUBLIC AND PROFESSIONAL GUARDIANS.”
   12         Section 3. The Division of Law Revision and Information is
   13  directed to remove part IX of chapter 744, Florida Statutes.
   14         Section 4. Section 744.1012, Florida Statutes, is amended
   15  to read:
   16         744.1012 Legislative intent.—The Legislature finds:
   17         (1) That adjudicating a person totally incapacitated and in
   18  need of a guardian deprives such person of all her or his civil
   19  and legal rights and that such deprivation may be unnecessary.
   20         (2)The Legislature further finds That it is desirable to
   21  make available the least restrictive form of guardianship to
   22  assist persons who are only partially incapable of caring for
   23  their needs and that alternatives to guardianship and less
   24  intrusive means of assistance should always be explored,
   25  including, but not limited to, guardian advocates, before an
   26  individual’s rights are removed through an adjudication of
   27  incapacity.
   28         (3) By recognizing that every individual has unique needs
   29  and differing abilities, the Legislature declares that it is the
   30  purpose of this act to promote the public welfare by
   31  establishing a system that permits incapacitated persons to
   32  participate as fully as possible in all decisions affecting
   33  them; that assists such persons in meeting the essential
   34  requirements for their physical health and safety, in protecting
   35  their rights, in managing their financial resources, and in
   36  developing or regaining their abilities to the maximum extent
   37  possible; and that accomplishes these objectives through
   38  providing, in each case, the form of assistance that least
   39  interferes with the legal capacity of a person to act in her or
   40  his own behalf. This act shall be liberally construed to
   41  accomplish this purpose.
   42         (4) That private guardianship is inadequate where there is
   43  no willing and responsible family member or friend, other
   44  person, bank, or corporation available to serve as guardian for
   45  an incapacitated person, and such person does not have adequate
   46  income or wealth for the compensation of a private guardian.
   47         (5) The Legislature intends, through the establishment of
   48  the Office of Public and Professional Guardians, to permit the
   49  establishment of offices of public guardians for the purpose of
   50  providing guardianship services for incapacitated persons when
   51  no private guardian is available.
   52         (6) That a public guardian be provided only to those
   53  persons whose needs cannot be met through less drastic means of
   54  intervention.
   55         Section 5. Section 744.201, Florida Statutes, is renumbered
   56  as section 744.1096, Florida Statutes.
   57         Section 6. Section 744.202, Florida Statutes, is renumbered
   58  as section 744.1097, Florida Statutes, and subsection (3) of
   59  that section is amended to read:
   60         744.1097 744.202 Venue.—
   61         (3) When the residence of an incapacitated person is
   62  changed to another county, the guardian shall petition to have
   63  the venue of the guardianship changed to the county of the
   64  acquired residence, except as provided in s. 744.1098 s.
   65  744.2025.
   66         Section 7. Section 744.2025, Florida Statutes, is
   67  renumbered as section 744.1098, Florida Statutes.
   68         Section 8. Section 744.7021, Florida Statutes, is
   69  renumbered as section 744.2001, Florida Statutes, and amended to
   70  read:
   71         744.2001 744.7021Statewide Public Guardianship Office of
   72  Public and Professional Guardians.—There is hereby created the
   73  Statewide Public Guardianship Office of Public and Professional
   74  Guardians within the Department of Elderly Affairs.
   75         (1) The Secretary of Elderly Affairs shall appoint the
   76  executive director, who shall be the head of the Statewide
   77  Public Guardianship Office of Public and Professional Guardians.
   78  The executive director must be a member of The Florida Bar,
   79  knowledgeable of guardianship law and of the social services
   80  available to meet the needs of incapacitated persons, shall
   81  serve on a full-time basis, and shall personally, or through a
   82  representative representatives of the office, carry out the
   83  purposes and functions of the Statewide Public Guardianship
   84  Office of Public and Professional Guardians in accordance with
   85  state and federal law. The executive director shall serve at the
   86  pleasure of and report to the secretary.
   87         (2) The executive director shall, within available
   88  resources:,
   89         (a) Have oversight responsibilities for all public and
   90  professional guardians.
   91         (b) Review the standards and criteria for the education,
   92  registration, and certification of public and professional
   93  guardians in Florida.
   94         (3) The executive director’s oversight responsibilities of
   95  professional guardians shall include, but not be limited to:
   96         (a) The development and implementation of a monitoring tool
   97  to be used for periodic monitoring activities of professional
   98  guardians related to the management of their wards. This
   99  monitoring may not include a financial audit as required by the
  100  clerk of the circuit court under s. 744.368.
  101         (b) The development of procedures, in consultation with
  102  professional guardianship associations, for the review of an
  103  allegation that a professional guardian has violated an
  104  applicable statute, fiduciary duty, standard of practice, rule,
  105  regulation, or other requirement governing the conduct of
  106  professional guardians.
  107         (c) Establish disciplinary proceedings, conduct hearings,
  108  and take administrative action pursuant to chapter 120.
  109         (d) Assist the chief judge in each judicial circuit to
  110  establish a registry to allow for the appointment of
  111  professional guardians in rotating order as provided in s.
  112  744.2005.
  113         (4) The executive director’s oversight responsibilities of
  114  public guardians shall include, but not be limited to:
  115         (a) The executive director shall review of the current
  116  public guardian programs in Florida and other states.
  117         (b) The development executive director, in consultation
  118  with local guardianship offices, of shall develop statewide
  119  performance measures and standards.
  120         (c) The executive director shall review of the various
  121  methods of funding public guardianship programs, the kinds of
  122  services being provided by such programs, and the demographics
  123  of the wards. In addition, the executive director shall review
  124  and make recommendations regarding the feasibility of recovering
  125  a portion or all of the costs of providing public guardianship
  126  services from the assets or income of the wards.
  127         (d) By January 1 of each year, providing the executive
  128  director shall provide a status report and providing provide
  129  further recommendations to the secretary that address the need
  130  for public guardianship services and related issues.
  131         (e) In consultation with the Florida State Guardianship
  132  Association, the development of a guardianship training program
  133  curriculum that may be offered to all guardians, whether public
  134  or private.
  135         (5) The executive director may provide assistance to local
  136  governments or entities in pursuing grant opportunities. The
  137  executive director shall review and make recommendations in the
  138  annual report on the availability and efficacy of seeking
  139  Medicaid matching funds. The executive director shall diligently
  140  seek ways to use existing programs and services to meet the
  141  needs of public wards.
  142         (f) The executive director, in consultation with the
  143  Florida Guardianship Foundation, shall develop a guardianship
  144  training program curriculum that may be offered to all guardians
  145  whether public or private.
  146         (6)(3) The executive director may conduct or contract for
  147  demonstration projects authorized by the Department of Elderly
  148  Affairs, within funds appropriated or through gifts, grants, or
  149  contributions for such purposes, to determine the feasibility or
  150  desirability of new concepts of organization, administration,
  151  financing, or service delivery designed to preserve the civil
  152  and constitutional rights of persons of marginal or diminished
  153  capacity. Any gifts, grants, or contributions for such purposes
  154  shall be deposited in the Department of Elderly Affairs
  155  Administrative Trust Fund.
  156         Section 9. Section 744.1083, Florida Statutes, is
  157  renumbered as section 744.2002, Florida Statutes, subsections
  158  (1) through (5) of that section are amended, and subsections (7)
  159  and (10) of that section are republished, to read:
  160         744.2002 744.1083 Professional guardian registration.—
  161         (1) A professional guardian must register with the
  162  Statewide Public Guardianship Office of Public and Professional
  163  Guardians established in part II IX of this chapter.
  164         (2) Annual registration shall be made on forms furnished by
  165  the Statewide Public Guardianship Office of Public and
  166  Professional Guardians and accompanied by the applicable
  167  registration fee as determined by rule. The fee may not exceed
  168  $100.
  169         (3) Registration must include the following:
  170         (a) Sufficient information to identify the professional
  171  guardian, as follows:
  172         1. If the professional guardian is a natural person, the
  173  name, address, date of birth, and employer identification or
  174  social security number of the person.
  175         2. If the professional guardian is a partnership or
  176  association, the name, address, and employer identification
  177  number of the entity.
  178         (b) Documentation that the bonding and educational
  179  requirements of s. 744.2003 s. 744.1085 have been met.
  180         (c) Sufficient information to distinguish a guardian
  181  providing guardianship services as a public guardian,
  182  individually, through partnership, corporation, or any other
  183  business organization.
  184         (4) Prior to registering a professional guardian, the
  185  Statewide Public Guardianship Office of Public and Professional
  186  Guardians must receive and review copies of the credit and
  187  criminal investigations conducted under s. 744.3135. The credit
  188  and criminal investigations must have been completed within the
  189  previous 2 years.
  190         (5) The executive director of the office may deny
  191  registration to a professional guardian if the executive
  192  director determines that the guardian’s proposed registration,
  193  including the guardian’s credit or criminal investigations,
  194  indicates that registering the professional guardian would
  195  violate any provision of this chapter. If a guardian who is
  196  currently registered with the office violates a provision of
  197  this chapter, the executive director of the office may suspend
  198  or revoke the guardian’s registration. If the executive director
  199  denies registration to a professional guardian or suspends or
  200  revokes a professional guardian’s registration, the Statewide
  201  Public Guardianship Office must send written notification of the
  202  denial, suspension, or revocation to the chief judge of each
  203  judicial circuit in which the guardian was serving on the day of
  204  the office’s decision to deny, suspend, or revoke the
  205  registration.
  206         (7) A trust company, a state banking corporation or state
  207  savings association authorized and qualified to exercise
  208  fiduciary powers in this state, or a national banking
  209  association or federal savings and loan association authorized
  210  and qualified to exercise fiduciary powers in this state, may,
  211  but is not required to, register as a professional guardian
  212  under this section. If a trust company, state banking
  213  corporation, state savings association, national banking
  214  association, or federal savings and loan association described
  215  in this subsection elects to register as a professional guardian
  216  under this subsection, the requirements of subsections (3) and
  217  (4) do not apply and the registration must include only the
  218  name, address, and employer identification number of the
  219  registrant, the name and address of its registered agent, if
  220  any, and the documentation described in paragraph (3)(b).
  221         (10) A state college or university or an independent
  222  college or university that is located and chartered in Florida,
  223  that is accredited by the Commission on Colleges of the Southern
  224  Association of Colleges and Schools or the Accrediting Council
  225  for Independent Colleges and Schools, and that confers degrees
  226  as defined in s. 1005.02(7) may, but is not required to,
  227  register as a professional guardian under this section. If a
  228  state college or university or independent college or university
  229  elects to register as a professional guardian under this
  230  subsection, the requirements of subsections (3) and (4) do not
  231  apply and the registration must include only the name, address,
  232  and employer identification number of the registrant.
  233         Section 10. Section 744.1085, Florida Statutes, is
  234  renumbered as section 744.2003, Florida Statutes, subsections
  235  (3), (6), and (9) of that section are amended, and subsection
  236  (8) of that section is republished, to read:
  237         744.2003 744.1085 Regulation of professional guardians;
  238  application; bond required; educational requirements.—
  239         (3) Each professional guardian defined in s. 744.102(17)
  240  and public guardian must receive a minimum of 40 hours of
  241  instruction and training. Each professional guardian must
  242  receive a minimum of 16 hours of continuing education every 2
  243  calendar years after the year in which the initial 40-hour
  244  educational requirement is met. The instruction and education
  245  must be completed through a course approved or offered by the
  246  Statewide Public Guardianship Office of Public and Professional
  247  Guardians. The expenses incurred to satisfy the educational
  248  requirements prescribed in this section may not be paid with the
  249  assets of any ward. This subsection does not apply to any
  250  attorney who is licensed to practice law in this state.
  251         (6) After July 1, 2005, Each professional guardian is shall
  252  be required to demonstrate competency to act as a professional
  253  guardian by taking an examination approved by the Department of
  254  Elderly Affairs.
  255         (a) The Department of Elderly Affairs shall determine the
  256  minimum examination score necessary for passage of guardianship
  257  examinations.
  258         (b) The Department of Elderly Affairs shall determine the
  259  procedure for administration of the examination.
  260         (c) The Department of Elderly Affairs or its contractor
  261  shall charge an examination fee for the actual costs of the
  262  development and the administration of the examination. The fee
  263  for registration and certification of a professional guardian
  264  may, not to exceed $500.
  265         (d) The Department of Elderly Affairs may recognize passage
  266  of a national guardianship examination in lieu of all or part of
  267  the examination approved by the Department of Elderly Affairs,
  268  except that all professional guardians must take and pass an
  269  approved examination section related to Florida law and
  270  procedure.
  271         (8) The Department of Elderly Affairs shall waive the
  272  examination requirement in subsection (6) if a professional
  273  guardian can provide:
  274         (a) Proof that the guardian has actively acted as a
  275  professional guardian for 5 years or more; and
  276         (b) A letter from a circuit judge before whom the
  277  professional guardian practiced at least 1 year which states
  278  that the professional guardian had demonstrated to the court
  279  competency as a professional guardian.
  280         (9) After July 1, 2004, The court may shall not appoint any
  281  professional guardian who has not met the requirements of this
  282  section and s. 744.2002 s. 744.1083.
  283         Section 11. Section 744.2004, Florida Statutes, is created
  284  to read:
  285         744.2004 Complaints; disciplinary proceedings; penalties;
  286  enforcement.—
  287         (1) The Office of Public and Professional Guardians shall
  288  adopt rules to:
  289         (a) Review, and if determined appropriate, investigate an
  290  allegation that a professional guardian has violated an
  291  applicable statute, fiduciary duty, standard of practice, rule,
  292  regulation, or other requirement governing the conduct of
  293  professional guardians.
  294         (b) Establish disciplinary proceedings, conduct hearings,
  295  and take administrative action pursuant to chapter 120.
  296  Disciplinary actions include, but are not limited to, requiring
  297  a professional guardian to participate in additional educational
  298  courses provided by the Office of Public and Professional
  299  Guardians, imposing additional monitoring by the office of the
  300  guardianships to which the professional guardian is appointed,
  301  and suspension or revocation of a professional guardian’s
  302  registration.
  303         (2) If the office makes a final determination to suspend or
  304  revoke the professional guardian’s registration, it must provide
  305  the determination to the court of competent jurisdiction for any
  306  guardianship case to which the professional guardian is
  307  currently appointed.
  308         Section 12. Section 744.344, Florida Statutes, is
  309  renumbered as section 744.2005, Florida Statutes, and amended to
  310  read:
  311         744.2005 744.344 Order of appointment.—
  312         (1) A professional guardian appointed by the court to
  313  provide representation of a ward shall be selected from a
  314  registry of professional guardians.
  315         (2) In using a registry:
  316         (a) The chief judge of the judicial circuit shall compile a
  317  list of professional guardians by county and provide the list to
  318  the clerk of court in each county. To be included on a registry,
  319  the professional guardian must be certified by the Office of
  320  Public and Professional Guardians.
  321         (b) The court shall appoint professional guardians in the
  322  order in which the names appear on the applicable registry,
  323  unless the court makes a finding of good cause on the record for
  324  appointment of a professional guardian out of order. The clerk
  325  of the court shall maintain the registry and provide to the
  326  court the name of the professional guardian for appointment. A
  327  professional guardian not appointed in the order in which her or
  328  his name appears on the list shall remain next in order.
  329         (3)(1) The court may hear testimony on the question of who
  330  is entitled to preference in the appointment of a guardian. Any
  331  interested person may intervene in the proceedings.
  332         (4) The order appointing a guardian must state the nature
  333  of the guardianship as either plenary or limited. If limited,
  334  the order must state that the guardian may exercise only those
  335  delegable rights which have been removed from the incapacitated
  336  person and specifically delegated to the guardian. The order
  337  shall state the specific powers and duties of the guardian.
  338         (5)(2) The order appointing a guardian must be consistent
  339  with the incapacitated person’s welfare and safety, must be the
  340  least restrictive appropriate alternative, and must reserve to
  341  the incapacitated person the right to make decisions in all
  342  matters commensurate with the person’s ability to do so.
  343         (6)(3) If a petition for appointment of guardian has been
  344  filed, an order appointing a guardian must be issued
  345  contemporaneously with the order adjudicating the person
  346  incapacitated. The order must specify the amount of the bond to
  347  be given by the guardian and must state specifically whether the
  348  guardian must place all, or part, of the property of the ward in
  349  a restricted account in a financial institution designated
  350  pursuant to s. 69.031.
  351         (7)(4) If a petition for the appointment of a guardian has
  352  not been filed at the time of the hearing on the petition to
  353  determine capacity, the court may appoint an emergency temporary
  354  guardian in the manner and for the purposes specified in s.
  355  744.3031.
  356         (8)(5) A plenary guardian shall exercise all delegable
  357  rights and powers of the incapacitated person.
  358         (9)(6) A person for whom a limited guardian has been
  359  appointed retains all legal rights except those which have been
  360  specifically granted to the guardian in the court’s written
  361  order.
  362         Section 13. Section 744.703, Florida Statutes, is
  363  renumbered as 744.2006, Florida Statutes, and subsections (1)
  364  and (6) of that section are amended, to read:
  365         744.2006 744.703 Office of public and professional
  366  guardians guardian; appointment, notification.—
  367         (1) The executive director of the Statewide Public
  368  Guardianship Office of Public and Professional Guardians, after
  369  consultation with the chief judge and other circuit judges
  370  within the judicial circuit and with appropriate advocacy groups
  371  and individuals and organizations who are knowledgeable about
  372  the needs of incapacitated persons, may establish, within a
  373  county in the judicial circuit or within the judicial circuit,
  374  one or more offices of public and professional guardian and if
  375  so established, shall create a list of persons best qualified to
  376  serve as the public guardian, who have been investigated
  377  pursuant to s. 744.3135. The public guardian must have knowledge
  378  of the legal process and knowledge of social services available
  379  to meet the needs of incapacitated persons. The public guardian
  380  shall maintain a staff or contract with professionally qualified
  381  individuals to carry out the guardianship functions, including
  382  an attorney who has experience in probate areas and another
  383  person who has a master’s degree in social work, or a
  384  gerontologist, psychologist, registered nurse, or nurse
  385  practitioner. A public guardian that is a nonprofit corporate
  386  guardian under s. 744.309(5) must receive tax-exempt status from
  387  the United States Internal Revenue Service.
  388         (6) Public guardians who have been previously appointed by
  389  a chief judge prior to the effective date of this act pursuant
  390  to this section may continue in their positions until the
  391  expiration of their term pursuant to their agreement. However,
  392  oversight of all public guardians shall transfer to the
  393  Statewide Public Guardianship Office of Public and Professional
  394  Guardians upon the effective date of this act. The executive
  395  director of the Statewide Public Guardianship Office of Public
  396  and Professional Guardians shall be responsible for all future
  397  appointments of public guardians pursuant to this act.
  398         Section 14. Section 744.704, Florida Statutes, is
  399  renumbered as section 744.2007, Florida Statutes.
  400         Section 15. Section 744.705, Florida Statutes, is
  401  renumbered as section 744.2008, Florida Statutes.
  402         Section 16. Section 744.706, Florida Statutes, is
  403  renumbered as section 744.2009, Florida Statutes, and amended to
  404  read:
  405         744.2009 744.706 Preparation of budget.—Each public
  406  guardian, whether funded in whole or in part by money raised
  407  through local efforts, grants, or any other source or whether
  408  funded in whole or in part by the state, shall prepare a budget
  409  for the operation of the office of public guardian to be
  410  submitted to the Statewide Public Guardianship Office of Public
  411  and Professional Guardians. As appropriate, the Statewide Public
  412  Guardianship Office of Public and Professional Guardians will
  413  include such budgetary information in the Department of Elderly
  414  Affairs’ legislative budget request. The office of public
  415  guardian shall be operated within the limitations of the General
  416  Appropriations Act and any other funds appropriated by the
  417  Legislature to that particular judicial circuit, subject to the
  418  provisions of chapter 216. The Department of Elderly Affairs
  419  shall make a separate and distinct request for an appropriation
  420  for the Statewide Public Guardianship Office of Public and
  421  Professional Guardians. However, this section may shall not be
  422  construed to preclude the financing of any operations of the
  423  office of the public guardian by moneys raised through local
  424  effort or through the efforts of the Statewide Public
  425  Guardianship Office of Public and Professional Guardians.
  426         Section 17. Section 744.707, Florida Statutes, is
  427  renumbered as section 744.2101, Florida Statutes, and amended to
  428  read:
  429         744.2101 744.707 Procedures and rules.—The public guardian,
  430  subject to the oversight of the Statewide Public Guardianship
  431  Office of Public and Professional Guardians, is authorized to:
  432         (1) Formulate and adopt necessary procedures to assure the
  433  efficient conduct of the affairs of the ward and general
  434  administration of the office and staff.
  435         (2) Contract for services necessary to discharge the duties
  436  of the office.
  437         (3) Accept the services of volunteer persons or
  438  organizations and provide reimbursement for proper and necessary
  439  expenses.
  440         Section 18. Section 744.709, Florida Statutes, is
  441  renumbered as section 744.2102, Florida Statutes.
  442         Section 19. Section 744.708, Florida Statutes, is
  443  renumbered as section 744.2103, Florida Statutes, and
  444  subsections (3), (4), (5), and (7) of that section are amended,
  445  to read:
  446         744.2103 744.708 Reports and standards.—
  447         (3) A public guardian shall file an annual report on the
  448  operations of the office of public guardian, in writing, by
  449  September 1 for the preceding fiscal year with the Statewide
  450  Public Guardianship Office of Public and Professional Guardians,
  451  which shall have responsibility for supervision of the
  452  operations of the office of public guardian.
  453         (4) Within 6 months of his or her appointment as guardian
  454  of a ward, the public guardian shall submit to the clerk of the
  455  court for placement in the ward’s guardianship file and to the
  456  executive director of the Statewide Public Guardianship Office
  457  of Public and Professional Guardians a report on his or her
  458  efforts to locate a family member or friend, other person, bank,
  459  or corporation to act as guardian of the ward and a report on
  460  the ward’s potential to be restored to capacity.
  461         (5)(a) Each office of public guardian shall undergo an
  462  independent audit by a qualified certified public accountant at
  463  least once every 2 years. A copy of the audit report shall be
  464  submitted to the Statewide Public Guardianship Office of Public
  465  and Professional Guardians.
  466         (b) In addition to regular monitoring activities, the
  467  Statewide Public Guardianship Office of Public and Professional
  468  Guardians shall conduct an investigation into the practices of
  469  each office of public guardian related to the managing of each
  470  ward’s personal affairs and property. If feasible, the
  471  investigation shall be conducted in conjunction with the
  472  financial audit of each office of public guardian under
  473  paragraph (a).
  474         (7) The ratio for professional staff to wards shall be 1
  475  professional to 40 wards. The Statewide Public Guardianship
  476  Office of Public and Professional Guardians may increase or
  477  decrease the ratio after consultation with the local public
  478  guardian and the chief judge of the circuit court. The basis for
  479  the decision to increase or decrease the prescribed ratio must
  480  be included in the annual report to the secretary.
  481         Section 20. Section 744.7081, Florida Statutes, is
  482  renumbered as section 744.2104, Florida Statutes, and amended to
  483  read:
  484         744.2104 744.7081 Access to records by the Statewide Public
  485  Guardianship Office of Public and Professional Guardians;
  486  confidentiality.—Notwithstanding any other provision of law to
  487  the contrary, any medical, financial, or mental health records
  488  held by an agency, or the court and its agencies, which are
  489  necessary to evaluate the public guardianship system, to assess
  490  the need for additional public guardianship, or to develop
  491  required reports, shall be provided to the Statewide Public
  492  Guardianship Office of Public and Professional Guardians upon
  493  that office’s request. Any confidential or exempt information
  494  provided to the Statewide Public Guardianship Office of Public
  495  and Professional Guardians shall continue to be held
  496  confidential or exempt as otherwise provided by law. All records
  497  held by the Statewide Public Guardianship Office of Public and
  498  Professional Guardians relating to the medical, financial, or
  499  mental health of vulnerable adults as defined in chapter 415,
  500  persons with a developmental disability as defined in chapter
  501  393, or persons with a mental illness as defined in chapter 394,
  502  shall be confidential and exempt from s. 119.07(1) and s. 24(a),
  503  Art. I of the State Constitution. Notwithstanding any other
  504  provision of law, the Office of Public and Professional
  505  Guardians is entitled to access all court records relating to
  506  the guardianship cases for which a professional guardian is
  507  appointed. The office is entitled to access these records
  508  through whatever means or systems are available, including, but
  509  not limited to, electronic access through the Florida Courts E
  510  Portal.
  511         Section 21. Section 744.7082, Florida Statutes, is
  512  renumbered as section 744.2105, Florida Statutes, and
  513  subsections (1) through (5) and (8) of that section are amended,
  514  to read:
  515         744.2105 744.7082 Direct-support organization; definition;
  516  use of property; board of directors; audit; dissolution.—
  517         (1) DEFINITION.—As used in this section, the term “direct
  518  support organization” means an organization whose sole purpose
  519  is to support the Statewide Public Guardianship Office of Public
  520  and Professional Guardians and is:
  521         (a) A not-for-profit corporation incorporated under chapter
  522  617 and approved by the Department of State;
  523         (b) Organized and operated to conduct programs and
  524  activities; to raise funds; to request and receive grants,
  525  gifts, and bequests of moneys; to acquire, receive, hold,
  526  invest, and administer, in its own name, securities, funds,
  527  objects of value, or other property, real or personal; and to
  528  make expenditures to or for the direct or indirect benefit of
  529  the Statewide Public Guardianship Office of Public and
  530  Professional Guardians; and
  531         (c) Determined by the Statewide Public Guardianship Office
  532  of Public and Professional Guardians to be consistent with the
  533  goals of the office, in the best interests of the state, and in
  534  accordance with the adopted goals and mission of the Department
  535  of Elderly Affairs and the Statewide Public Guardianship Office
  536  of Public and Professional Guardians.
  537         (2) CONTRACT.—The direct-support organization shall operate
  538  under a written contract with the Statewide Public Guardianship
  539  Office of Public and Professional Guardians. The written
  540  contract must provide for:
  541         (a) Certification by the Statewide Public Guardianship
  542  Office of Public and Professional Guardians that the direct
  543  support organization is complying with the terms of the contract
  544  and is doing so consistent with the goals and purposes of the
  545  office and in the best interests of the state. This
  546  certification must be made annually and reported in the official
  547  minutes of a meeting of the direct-support organization.
  548         (b) The reversion of moneys and property held in trust by
  549  the direct-support organization:
  550         1. To the Statewide Public Guardianship Office of Public
  551  and Professional Guardians if the direct-support organization is
  552  no longer approved to operate for the office;
  553         2. To the Statewide Public Guardianship Office of Public
  554  and Professional Guardians if the direct-support organization
  555  ceases to exist;
  556         3. To the Department of Elderly Affairs if the Statewide
  557  Public Guardianship Office of Public and Professional Guardians
  558  ceases to exist; or
  559         4. To the state if the Department of Elderly Affairs ceases
  560  to exist.
  561  
  562  The fiscal year of the direct-support organization shall begin
  563  on July 1 of each year and end on June 30 of the following year.
  564         (c) The disclosure of the material provisions of the
  565  contract, and the distinction between the Statewide Public
  566  Guardianship Office of Public and Professional Guardians and the
  567  direct-support organization, to donors of gifts, contributions,
  568  or bequests, including such disclosure on all promotional and
  569  fundraising publications.
  570         (3) BOARD OF DIRECTORS.—The Secretary of Elderly Affairs
  571  shall appoint a board of directors for the direct-support
  572  organization from a list of nominees submitted by the executive
  573  director of the Statewide Public Guardianship Office of Public
  574  and Professional Guardians.
  575         (4) USE OF PROPERTY.—The Department of Elderly Affairs may
  576  permit, without charge, appropriate use of fixed property and
  577  facilities of the department or the Statewide Public
  578  Guardianship Office of Public and Professional Guardians by the
  579  direct-support organization. The department may prescribe any
  580  condition with which the direct-support organization must comply
  581  in order to use fixed property or facilities of the department
  582  or the Statewide Public Guardianship Office of Public and
  583  Professional Guardians.
  584         (5) MONEYS.—Any moneys may be held in a separate depository
  585  account in the name of the direct-support organization and
  586  subject to the provisions of the written contract with the
  587  Statewide Public Guardianship Office of Public and Professional
  588  Guardians. Expenditures of the direct-support organization shall
  589  be expressly used to support the Statewide Public Guardianship
  590  Office of Public and Professional Guardians. The expenditures of
  591  the direct-support organization may not be used for the purpose
  592  of lobbying as defined in s. 11.045.
  593         (8) DISSOLUTION.—A After July 1, 2004, any not-for-profit
  594  corporation incorporated under chapter 617 that is determined by
  595  a circuit court to be representing itself as a direct-support
  596  organization created under this section, but that does not have
  597  a written contract with the Statewide Public Guardianship Office
  598  of Public and Professional Guardians in compliance with this
  599  section, is considered to meet the grounds for a judicial
  600  dissolution described in s. 617.1430(1)(a). The Statewide Public
  601  Guardianship Office of Public and Professional Guardians shall
  602  be the recipient for all assets held by the dissolved
  603  corporation which accrued during the period that the dissolved
  604  corporation represented itself as a direct-support organization
  605  created under this section.
  606         Section 22. Section 744.712, Florida Statutes, is
  607  renumbered as section 744.2106, Florida Statutes, and amended to
  608  read:
  609         744.2106 744.712 Joining Forces for Public Guardianship
  610  grant program; purpose.—The Legislature intends to establish the
  611  Joining Forces for Public Guardianship matching grant program
  612  for the purpose of assisting counties to establish and fund
  613  community-supported public guardianship programs. The Joining
  614  Forces for Public Guardianship matching grant program shall be
  615  established and administered by the Statewide Public
  616  Guardianship Office of Public and Professional Guardians within
  617  the Department of Elderly Affairs. The purpose of the program is
  618  to provide startup funding to encourage communities to develop
  619  and administer locally funded and supported public guardianship
  620  programs to address the needs of indigent and incapacitated
  621  residents.
  622         (1) The Statewide Public Guardianship Office of Public and
  623  Professional Guardians may distribute the grant funds as
  624  follows:
  625         (a) As initial startup funding to encourage counties that
  626  have no office of public guardian to establish an office, or as
  627  initial startup funding to open an additional office of public
  628  guardian within a county whose public guardianship needs require
  629  more than one office of public guardian.
  630         (b) As support funding to operational offices of public
  631  guardian that demonstrate a necessity for funds to meet the
  632  public guardianship needs of a particular geographic area in the
  633  state which the office serves.
  634         (c) To assist counties that have an operating public
  635  guardianship program but that propose to expand the geographic
  636  area or population of persons they serve, or to develop and
  637  administer innovative programs to increase access to public
  638  guardianship in this state.
  639  
  640  Notwithstanding this subsection, the executive director of the
  641  office may award emergency grants if he or she determines that
  642  the award is in the best interests of public guardianship in
  643  this state. Before making an emergency grant, the executive
  644  director must obtain the written approval of the Secretary of
  645  Elderly Affairs. Subsections (2), (3), and (4) do not apply to
  646  the distribution of emergency grant funds.
  647         (2) One or more grants may be awarded within a county.
  648  However, a county may not receive an award that equals, or
  649  multiple awards that cumulatively equal, more than 20 percent of
  650  the total amount of grant funds appropriated during any fiscal
  651  year.
  652         (3) If an applicant is eligible and meets the requirements
  653  to receive grant funds more than once, the Statewide Public
  654  Guardianship Office of Public and Professional Guardians shall
  655  award funds to prior awardees in the following manner:
  656         (a) In the second year that grant funds are awarded, the
  657  cumulative sum of the award provided to one or more applicants
  658  within the same county may not exceed 75 percent of the total
  659  amount of grant funds awarded within that county in year one.
  660         (b) In the third year that grant funds are awarded, the
  661  cumulative sum of the award provided to one or more applicants
  662  within the same county may not exceed 60 percent of the total
  663  amount of grant funds awarded within that county in year one.
  664         (c) In the fourth year that grant funds are awarded, the
  665  cumulative sum of the award provided to one or more applicants
  666  within the same county may not exceed 45 percent of the total
  667  amount of grant funds awarded within that county in year one.
  668         (d) In the fifth year that grant funds are awarded, the
  669  cumulative sum of the award provided to one or more applicants
  670  within the same county may not exceed 30 percent of the total
  671  amount of grant funds awarded within that county in year one.
  672         (e) In the sixth year that grant funds are awarded, the
  673  cumulative sum of the award provided to one or more applicants
  674  within the same county may not exceed 15 percent of the total
  675  amount of grant funds awarded within that county in year one.
  676  
  677  The Statewide Public Guardianship Office of Public and
  678  Professional Guardians may not award grant funds to any
  679  applicant within a county that has received grant funds for more
  680  than 6 years.
  681         (4) Grant funds shall be used only to provide direct
  682  services to indigent wards, except that up to 10 percent of the
  683  grant funds may be retained by the awardee for administrative
  684  expenses.
  685         (5) Implementation of the program is subject to a specific
  686  appropriation by the Legislature in the General Appropriations
  687  Act.
  688         Section 23. Section 744.713, Florida Statutes, is
  689  renumbered as section 744.2107, Florida Statutes, and amended to
  690  read:
  691         744.2107 744.713 Program administration; duties of the
  692  Statewide Public Guardianship Office of Public and Professional
  693  Guardians.—The Statewide Public Guardianship Office of Public
  694  and Professional Guardians shall administer the grant program.
  695  The office shall:
  696         (1) Publicize the availability of grant funds to entities
  697  that may be eligible for the funds.
  698         (2) Establish an application process for submitting a grant
  699  proposal.
  700         (3) Request, receive, and review proposals from applicants
  701  seeking grant funds.
  702         (4) Determine the amount of grant funds each awardee may
  703  receive and award grant funds to applicants.
  704         (5) Develop a monitoring process to evaluate grant
  705  awardees, which may include an annual monitoring visit to each
  706  awardee’s local office.
  707         (6) Ensure that persons or organizations awarded grant
  708  funds meet and adhere to the requirements of this act.
  709         Section 24. Section 744.714, Florida Statutes, is
  710  renumbered as section 744.2108, Florida Statutes, and paragraph
  711  (b) of subsection (1) and paragraph (b) of subsection (2) of
  712  that section are amended, to read:
  713         744.2108 744.714 Eligibility.—
  714         (1) Any person or organization that has not been awarded a
  715  grant must meet all of the following conditions to be eligible
  716  to receive a grant:
  717         (b) The applicant must have already been appointed by, or
  718  is pending appointment by, the Statewide Public Guardianship
  719  Office of Public and Professional Guardians to become an office
  720  of public guardian in this state.
  721         (2) Any person or organization that has been awarded a
  722  grant must meet all of the following conditions to be eligible
  723  to receive another grant:
  724         (b) The applicant must have been appointed by, or is
  725  pending reappointment by, the Statewide Public Guardianship
  726  Office of Public and Professional Guardians to be an office of
  727  public guardian in this state.
  728         Section 25. Section 744.715, Florida Statutes, is
  729  renumbered as section 744.2109, Florida Statutes, and amended to
  730  read:
  731         744.2109 744.715 Grant application requirements; review
  732  criteria; awards process.—Grant applications must be submitted
  733  to the Statewide Public Guardianship Office of Public and
  734  Professional Guardians for review and approval.
  735         (1) A grant application must contain:
  736         (a) The specific amount of funds being requested.
  737         (b) The proposed annual budget for the office of public
  738  guardian for which the applicant is applying on behalf of,
  739  including all sources of funding, and a detailed report of
  740  proposed expenditures, including administrative costs.
  741         (c) The total number of wards the applicant intends to
  742  serve during the grant period.
  743         (d) Evidence that the applicant has:
  744         1. Attempted to procure funds and has exhausted all
  745  possible other sources of funding; or
  746         2. Procured funds from local sources, but the total amount
  747  of the funds collected or pledged is not sufficient to meet the
  748  need for public guardianship in the geographic area that the
  749  applicant intends to serve.
  750         (e) An agreement or confirmation from a local funding
  751  source, such as a county, municipality, or any other public or
  752  private organization, that the local funding source will
  753  contribute matching funds to the public guardianship program
  754  totaling not less than $1 for every $1 of grant funds awarded.
  755  For purposes of this section, an applicant may provide evidence
  756  of agreements or confirmations from multiple local funding
  757  sources showing that the local funding sources will pool their
  758  contributed matching funds to the public guardianship program
  759  for a combined total of not less than $1 for every $1 of grant
  760  funds awarded. In-kind contributions, such as materials,
  761  commodities, office space, or other types of facilities,
  762  personnel services, or other items as determined by rule shall
  763  be considered by the office and may be counted as part or all of
  764  the local matching funds.
  765         (f) A detailed plan describing how the office of public
  766  guardian for which the applicant is applying on behalf of will
  767  be funded in future years.
  768         (g) Any other information determined by rule as necessary
  769  to assist in evaluating grant applicants.
  770         (2) If the Statewide Public Guardianship Office of Public
  771  and Professional Guardians determines that an applicant meets
  772  the requirements for an award of grant funds, the office may
  773  award the applicant any amount of grant funds the executive
  774  director deems appropriate, if the amount awarded meets the
  775  requirements of this act. The office may adopt a rule allocating
  776  the maximum allowable amount of grant funds which may be
  777  expended on any ward.
  778         (3) A grant awardee must submit a new grant application for
  779  each year of additional funding.
  780         (4)(a) In the first year of the Joining Forces for Public
  781  Guardianship program’s existence, the Statewide Public
  782  Guardianship Office of Public and Professional Guardians shall
  783  give priority in awarding grant funds to those entities that:
  784         1. Are operating as appointed offices of public guardians
  785  in this state;
  786         2. Meet all of the requirements for being awarded a grant
  787  under this act; and
  788         3. Demonstrate a need for grant funds during the current
  789  fiscal year due to a loss of local funding formerly raised
  790  through court filing fees.
  791         (b) In each fiscal year after the first year that grant
  792  funds are distributed, the Statewide Public Guardianship Office
  793  of Public and Professional Guardians may give priority to
  794  awarding grant funds to those entities that:
  795         1. Meet all of the requirements of this act for being
  796  awarded grant funds; and
  797         2. Submit with their application an agreement or
  798  confirmation from a local funding source, such as a county,
  799  municipality, or any other public or private organization, that
  800  the local funding source will contribute matching funds totaling
  801  an amount equal to or exceeding $2 for every $1 of grant funds
  802  awarded by the office. An entity may submit with its application
  803  agreements or confirmations from multiple local funding sources
  804  showing that the local funding sources will pool their
  805  contributed matching funds to the public guardianship program
  806  for a combined total of not less than $2 for every $1 of grant
  807  funds awarded. In-kind contributions allowable under this
  808  section shall be evaluated by the Statewide Public Guardianship
  809  Office of Public and Professional Guardians and may be counted
  810  as part or all of the local matching funds.
  811         Section 26. Section 744.701, Florida Statutes, is repealed.
  812         Section 27. Section 744.702, Florida Statutes, is repealed.
  813         Section 28. Section 744.7101, Florida Statutes, is
  814  repealed.
  815         Section 29. Section 744.711, Florida Statutes, is repealed.
  816         Section 30. Subsection (5) of section 400.148, Florida
  817  Statutes, is amended to read:
  818         400.148 Medicaid “Up-or-Out” Quality of Care Contract
  819  Management Program.—
  820         (5) The agency shall, jointly with the Statewide Public
  821  Guardianship Office of Public and Professional Guardians,
  822  develop a system in the pilot project areas to identify Medicaid
  823  recipients who are residents of a participating nursing home or
  824  assisted living facility who have diminished ability to make
  825  their own decisions and who do not have relatives or family
  826  available to act as guardians in nursing homes listed on the
  827  Nursing Home Guide Watch List. The agency and the Statewide
  828  Public Guardianship Office of Public and Professional Guardians
  829  shall give such residents priority for publicly funded
  830  guardianship services.
  831         Section 31. Subsection (3), paragraph (c) of subsection
  832  (4), and subsections (5) and (6) of section 744.3135, Florida
  833  Statutes, are amended to read:
  834         744.3135 Credit and criminal investigation.—
  835         (3) For professional guardians, the court and the Statewide
  836  Public Guardianship Office of Public and Professional Guardians
  837  shall accept the satisfactory completion of a criminal history
  838  record check by any method described in this subsection. A
  839  professional guardian satisfies the requirements of this section
  840  by undergoing an electronic fingerprint criminal history record
  841  check. A professional guardian may use any electronic
  842  fingerprinting equipment used for criminal history record
  843  checks. The Statewide Public Guardianship Office of Public and
  844  Professional Guardians shall adopt a rule detailing the
  845  acceptable methods for completing an electronic fingerprint
  846  criminal history record check under this section. The
  847  professional guardian shall pay the actual costs incurred by the
  848  Federal Bureau of Investigation and the Department of Law
  849  Enforcement for the criminal history record check. The entity
  850  completing the record check must immediately send the results of
  851  the criminal history record check to the clerk of the court and
  852  the Statewide Public Guardianship Office of Public and
  853  Professional Guardians. The clerk of the court shall maintain
  854  the results in the professional guardian’s file and shall make
  855  the results available to the court.
  856         (4)
  857         (c) The Department of Law Enforcement shall search all
  858  arrest fingerprints received under s. 943.051 against the
  859  fingerprints retained in the statewide automated biometric
  860  identification system under paragraph (b). Any arrest record
  861  that is identified with the fingerprints of a person described
  862  in this paragraph must be reported to the clerk of court. The
  863  clerk of court must forward any arrest record received for a
  864  professional guardian to the Statewide Public Guardianship
  865  Office of Public and Professional Guardians within 5 days. Each
  866  professional guardian who elects to submit fingerprint
  867  information electronically shall participate in this search
  868  process by paying an annual fee to the Statewide Public
  869  Guardianship Office of Public and Professional Guardians of the
  870  Department of Elderly Affairs and by informing the clerk of
  871  court and the Statewide Public Guardianship Office of Public and
  872  Professional Guardians of any change in the status of his or her
  873  guardianship appointment. The amount of the annual fee to be
  874  imposed for performing these searches and the procedures for the
  875  retention of professional guardian fingerprints and the
  876  dissemination of search results shall be established by rule of
  877  the Department of Law Enforcement. At least once every 5 years,
  878  the Statewide Public Guardianship Office of Public and
  879  Professional Guardians must request that the Department of Law
  880  Enforcement forward the fingerprints maintained under this
  881  section to the Federal Bureau of Investigation.
  882         (5)(a) A professional guardian, and each employee of a
  883  professional guardian who has a fiduciary responsibility to a
  884  ward, must complete, at his or her own expense, an investigation
  885  of his or her credit history before and at least once every 2
  886  years after the date of the guardian’s registration with the
  887  Statewide Public Guardianship Office of Public and Professional
  888  Guardians.
  889         (b) The Statewide Public Guardianship Office of Public and
  890  Professional Guardians shall adopt a rule detailing the
  891  acceptable methods for completing a credit investigation under
  892  this section. If appropriate, the Statewide Public Guardianship
  893  Office of Public and Professional Guardians may administer
  894  credit investigations. If the office chooses to administer the
  895  credit investigation, the office may adopt a rule setting a fee,
  896  not to exceed $25, to reimburse the costs associated with the
  897  administration of a credit investigation.
  898         (6) The Statewide Public Guardianship Office of Public and
  899  Professional Guardians may inspect at any time the results of
  900  any credit or criminal history record check of a public or
  901  professional guardian conducted under this section. The office
  902  shall maintain copies of the credit or criminal history record
  903  check results in the guardian’s registration file. If the
  904  results of a credit or criminal investigation of a public or
  905  professional guardian have not been forwarded to the Statewide
  906  Public Guardianship Office of Public and Professional Guardians
  907  by the investigating agency, the clerk of the court shall
  908  forward copies of the results of the investigations to the
  909  office upon receiving them.
  910         Section 32. Paragraph (e) of subsection (2) of section
  911  415.1102, Florida Statutes, is amended to read:
  912         415.1102 Adult protection teams.—
  913         (2) Such teams may be composed of, but need not be limited
  914  to:
  915         (e) Public and professional guardians as described in part
  916  II IX of chapter 744.
  917         Section 33. Paragraph (d) of subsection (3) of section
  918  744.331, Florida Statutes, is amended to read:
  919         744.331 Procedures to determine incapacity.—
  920         (3) EXAMINING COMMITTEE.—
  921         (d) A member of an examining committee must complete a
  922  minimum of 4 hours of initial training. The person must complete
  923  2 hours of continuing education during each 2-year period after
  924  the initial training. The initial training and continuing
  925  education program must be developed under the supervision of the
  926  Statewide Public Guardianship Office of Public and Professional
  927  Guardians, in consultation with the Florida Conference of
  928  Circuit Court Judges; the Elder Law and the Real Property,
  929  Probate and Trust Law sections of The Florida Bar; and the
  930  Florida State Guardianship Association; and the Florida
  931  Guardianship Foundation. The court may waive the initial
  932  training requirement for a person who has served for not less
  933  than 5 years on examining committees. If a person wishes to
  934  obtain his or her continuing education on the Internet or by
  935  watching a video course, the person must first obtain the
  936  approval of the chief judge before taking an Internet or video
  937  course.
  938         Section 34. Paragraph (a) of subsection (1) of section
  939  20.415, Florida Statutes, is amended to read:
  940         20.415 Department of Elderly Affairs; trust funds.—The
  941  following trust funds shall be administered by the Department of
  942  Elderly Affairs:
  943         (1) Administrative Trust Fund.
  944         (a) Funds to be credited to and uses of the trust fund
  945  shall be administered in accordance with ss. 215.32, 744.534,
  946  and 744.2001 744.7021.
  947         Section 35. Section 744.524, Florida Statutes, is amended
  948  to read:
  949         744.524 Termination of guardianship on change of domicile
  950  of resident ward.—When the domicile of a resident ward has
  951  changed as provided in s. 744.1098 s. 744.2025, and the foreign
  952  court having jurisdiction over the ward at the ward’s new
  953  domicile has appointed a guardian and that guardian has
  954  qualified and posted a bond in an amount required by the foreign
  955  court, the guardian in this state may file her or his final
  956  report and close the guardianship in this state. The guardian of
  957  the property in this state shall cause a notice to be published
  958  once a week for 2 consecutive weeks, in a newspaper of general
  959  circulation published in the county, that she or he has filed
  960  her or his accounting and will apply for discharge on a day
  961  certain and that jurisdiction of the ward will be transferred to
  962  the state of foreign jurisdiction. If an objection is filed to
  963  the termination of the guardianship in this state, the court
  964  shall hear the objection and enter an order either sustaining or
  965  overruling the objection. Upon the disposition of all objections
  966  filed, or if no objection is filed, final settlement shall be
  967  made by the Florida guardian. On proof that the remaining
  968  property in the guardianship has been received by the foreign
  969  guardian, the guardian of the property in this state shall be
  970  discharged. The entry of the order terminating the guardianship
  971  in this state shall not exonerate the guardian or the guardian’s
  972  surety from any liability previously incurred.
  973         Section 36. For the 2015-2016 fiscal year, 6 full-time
  974  equivalent positions, with associated salary rate of 191,119,
  975  are authorized and the sum of $821,670 in recurring funds from
  976  the General Revenue Fund is appropriated to the Department of
  977  Elder Affairs for the purpose of carrying out all oversight and
  978  monitoring responsibilities of the Office of Public and
  979  Professional Guardians.
  980         Section 37. This act shall take effect January 1, 2016.
  981  
  982  ================= T I T L E  A M E N D M E N T ================
  983  And the title is amended as follows:
  984         Delete everything before the enacting clause
  985  and insert:
  986                        A bill to be entitled                      
  987         An act relating to guardianship; providing directives
  988         to the Division of Law Revision and Information;
  989         amending s. 744.1012, F.S.; revising legislative
  990         intent; renumbering s. 744.201, F.S.; renumbering and
  991         amending s. 744.202, F.S.; conforming a cross
  992         reference; renumbering s. 744.2025, F.S.; renumbering
  993         and amending s. 744.7021, F.S.; revising the
  994         responsibilities of the executive director for the
  995         Office of Public and Professional Guardians;
  996         conforming provisions to changes made by the act;
  997         renumbering and amending s. 744.1083, F.S.; removing a
  998         provision authorizing the executive director to
  999         suspend or revoke the registration of a guardian who
 1000         commits certain violations; removing the requirement
 1001         of written notification to the chief judge of the
 1002         judicial circuit upon the executive director’s denial,
 1003         suspension, or revocation of a registration;
 1004         conforming provisions to changes made by the act;
 1005         conforming a cross-reference; renumbering and amending
 1006         s. 744.1085, F.S.; removing an obsolete provision;
 1007         conforming provisions to changes made by the act;
 1008         conforming a cross-reference; creating s. 744.2004,
 1009         F.S.; requiring the Office of Public and Professional
 1010         Guardians to adopt rules; requiring the office, under
 1011         certain circumstances, to make a specified
 1012         recommendation to a court of competent jurisdiction;
 1013         renumbering and amending s. 744.344, F.S.; requiring
 1014         that a professional guardian appointed by a court to
 1015         represent a ward be selected from a registry of
 1016         professional guardians; requiring the chief judge of a
 1017         circuit court to compile a list of professional
 1018         guardians by county and provide the list to the clerk
 1019         of court in each county; providing requirements for
 1020         inclusion in the registry; providing procedures for a
 1021         court to appoint a professional guardian; providing an
 1022         exception; requiring the clerk of the court to
 1023         maintain the registry and provide the court with the
 1024         name of a professional guardian for appointment;
 1025         renumbering and amending s. 744.703, F.S.; conforming
 1026         provisions to changes made by the act; renumbering ss.
 1027         744.704 and 744.705, F.S.; renumbering and amending
 1028         ss. 744.706 and 744.707, F.S.; conforming provisions
 1029         to changes made by the act; renumbering s. 744.709,
 1030         F.S.; renumbering and amending s. 744.708, F.S.;
 1031         conforming provisions to changes made by the act;
 1032         renumbering and amending s. 744.7081, F.S.; providing
 1033         the Office of Public and Professional Guardians with
 1034         access to all court records relating to guardianship
 1035         cases for which a professional guardian is appointed;
 1036         providing that the office may access such records
 1037         through all available means; conforming provisions to
 1038         changes made by the act; renumbering and amending s.
 1039         744.7082, F.S.; conforming provisions to changes made
 1040         by the act; renumbering and amending s. 744.712, F.S.;
 1041         providing legislative intent; conforming provisions;
 1042         renumbering and amending ss. 744.713, 744.714, and
 1043         744.715, F.S.; conforming provisions to changes made
 1044         by the act; repealing s. 744.701, F.S.; relating to a
 1045         short title; repealing s. 744.702, F.S.; relating to
 1046         legislative intent; repealing s. 744.7101, F.S.;
 1047         relating to a short title; repealing s. 744.711, F.S.;
 1048         relating to legislative findings and intent; amending
 1049         ss. 400.148, 744.3135, and 744.331, F.S.; conforming
 1050         provisions to changes made by the act; amending ss.
 1051         20.415, 415.1102, and 744.524, F.S.; conforming cross
 1052         references; making technical changes; providing an
 1053         appropriation; providing an effective date.