Senate Bill 1050
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 1050
By Senator Forman
32-811-00
1 A bill to be entitled
2 An act relating to guardianship; creating s.
3 744.3146, F.S.; requiring professional
4 guardians to register with the Statewide Public
5 Guardianship Office; providing for
6 investigation and background screening;
7 providing procedures; providing a registration
8 fee; prescribing information to be included in
9 the registration; providing for issuance of
10 certificates of registration; providing for the
11 denial, suspension, or revocation of
12 certificates of registration; requiring the
13 certificate of registration number to be
14 included in any advertisement of guardianship
15 services; providing that it is unlawful to hold
16 an appointment as a professional guardian
17 without first obtaining a certificate of
18 registration; providing a penalty; authorizing
19 employees of the office to make inspections and
20 investigations; providing rulemaking authority;
21 providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 744.3146, Florida Statutes, is
26 created to read:
27 744.3146 Professional guardian registration.--
28 (1) A professional guardian as defined in s.
29 744.102(15) shall register with the Statewide Public
30 Guardianship Office.
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 1050
32-811-00
1 (2) Each registrant shall submit to and pay for any
2 investigation, history, and background screening required by
3 any rules adopted by the Statewide Public Guardianship Office.
4 (3) Registration must be made and renewed under oath
5 on forms furnished by the Statewide Public Guardianship Office
6 and must be accompanied by the appropriate registration fee as
7 set by the Statewide Public Guardianship Office. The fee must
8 be sufficient to pay for the administrative costs of
9 registering the professional guardian and furthering the
10 purposes of this section. The Statewide Public Guardianship
11 Office shall provide copies of the registration to the court,
12 without charge, upon request. The Statewide Public
13 Guardianship Office may also charge reasonable fees,
14 reflecting actual costs, to other persons requesting copies of
15 the certificate of registration.
16 (4) Registration must include the following:
17 (a) The name, address, date of birth, and employer
18 identification number of the professional guardian.
19 (b) If the registrant is a firm or partnership, the
20 name, address, and date of birth of every member, and the
21 employer identification number of the firm or partnership.
22 (c) If the registrant is a corporation or association,
23 its name, address, and employer identification number; the
24 name, address, and date of birth of each of its directors and
25 officers; and the name, address, and date of birth of each
26 person having at least a 10 percent interest in the
27 corporation or association.
28 (d) The name, address, date of birth, and employer
29 identification number, if applicable, of each person employed
30 or under contract with the professional guardian who is
31 involved in guardianship functions.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 1050
32-811-00
1 (5) Upon verification that all requirements for
2 registration have been met, the Statewide Public Guardianship
3 Office must issue a certificate of registration valid for a
4 term to be set by the office.
5 (6) The Statewide Public Guardianship Office shall
6 deny, suspend, or revoke the certificate of registration of a
7 person who:
8 (a) Fails to comply with this section.
9 (b) Is removed or disqualified from service as a
10 guardian for reasons set forth in s. 744.474(1)-(16) and s.
11 744.474(18).
12 (7) A professional guardian who offers or advertises
13 services to the public must include in its advertisement the
14 certificate of registration number issued by the Statewide
15 Public Guardianship Office.
16 (8) It is unlawful to advertise services or to hold an
17 appointment as a professional guardian without first obtaining
18 a certificate of registration from the Statewide Public
19 Guardianship Office. Any person who violates this subsection
20 is subject to suspension of registration and removal as
21 guardian in all cases in which the person serves.
22 (9) An authorized employee of the Statewide Public
23 Guardianship Office may make inspections and investigations
24 necessary to respond to complaints or to determine compliance
25 with this section. The Statewide Public Guardianship Office
26 employee may contact the abuse registry, law enforcement
27 agencies, and the courts with regard to Statewide Public
28 Guardianship Office inspections or investigative findings.
29 (10) The Statewide Public Guardianship Office has
30 authority to adopt rules to carry out the provisions of this
31 section.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 1050
32-811-00
1 Section 2. This act shall take effect July 1, 2000.
2
3 *****************************************
4 SENATE SUMMARY
5 Requires professional guardians to register with the
Statewide Public Guardianship Office. Provides for
6 investigation and background screening. Provides
procedures. Provides a registration fee. Prescribes
7 information to be included in the registration. Provides
for issuance of a certificate of registration. Provides
8 for the denial, suspension, or revocation of a
certificate of registration. Requires that the
9 certificate of registration number be included in any
advertisement of guardianship services. Provides that it
10 is unlawful to hold an appointment as a professional
guardian without first obtaining a certificate of
11 registration. Provides a penalty. Authorizes employees of
the office to make inspections and investigations.
12 Provides the office with rulemaking authority.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4