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CS/SB 268: Persons in Position of Trust

GENERAL BILL by Finance and Taxation ; Carlton

Persons in Position of Trust; prescribes civil remedies for theft & other offenses in which victim is elderly or disabled person; provides that violation of patient rights is not cause of action under act; provides for court actions to protect ward in event of breach of fiduciary duty by guardian; provides priority of guardian advocate who has been authorized to consent to medical treatment for person with developmental disability, etc. Amends Chs. 744, 765, 772.11, 825.101.

Effective Date: 04/29/2002
Last Action: 4/29/2002 - Approved by Governor; Chapter No. 2002-195
Bill Text: Web Page | PDF

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  • Bill History

    Date Chamber Action
    10/11/2001 Senate • Prefiled
    10/23/2001 Senate • Referred to Judiciary; Finance and Taxation; Appropriations Subcommittee on Health and Human Services; Appropriations
    12/20/2001 Senate • On Committee agenda-- Judiciary, 01/08/02, 12:30 pm, 412-K
    1/8/2002 Senate • Favorable with 1 amendment(s) by Judiciary; YEAS 7 NAYS 0
    1/9/2002 Senate • Now in Finance and Taxation
    1/22/2002 Senate • Introduced, referred to Judiciary; Finance and Taxation; Appropriations Subcommittee on Health and Human Services; Appropriations -SJ 00020; On Committee agenda-- Judiciary, 01/08/02, 12:30 pm, 412-K; Favorable with 1 amendment(s) by Judiciary; YEAS 7 NAYS 0 -SJ 00073; Now in Finance and Taxation -SJ 00073
    2/1/2002 Senate • On Committee agenda-- Finance and Taxation, 02/06/02, 11:30 am, 37-S
    2/6/2002 Senate • CS by Finance and Taxation; YEAS 5 NAYS 0 -SJ 00225; CS read first time on 02/11/02 -SJ 00234
    2/8/2002 Senate • Now in Appropriations Subcommittee on Health and Human Services -SJ 00225
    2/20/2002 Senate • Withdrawn from Appropriations Subcommittee on Health and Human Services; Appropriations -SJ 00290; Placed on Calendar, on second reading
    3/13/2002 Senate • Placed on Special Order Calendar -SJ 00509
    3/14/2002 Senate • Placed on Special Order Calendar -SJ 00509
    3/15/2002 Senate • Placed on Special Order Calendar -SJ 00589; Read second time -SJ 00620; Amendment(s) adopted -SJ 00620; Ordered engrossed -SJ 00623
    3/18/2002 Senate • Read third time -SJ 00815; CS passed as amended; YEAS 36 NAYS 0 -SJ 00816
    3/18/2002 House • In Messages; Received, placed on Calendar -HJ 01972; Substituted for CS/HB 137 -HJ 01996; Read second and third times -HJ 01996; CS passed; YEAS 115 NAYS 0 -HJ 01997
    3/18/2002 Senate • Ordered enrolled -SJ 00850
    4/16/2002 • Signed by Officers and presented to Governor
    4/29/2002 • Approved by Governor; Chapter No. 2002-195

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  • CS/SB 268, Enrolled (Current Bill Version) Posted 3/26/2002 at 1:50 AM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Related Bills (3)

    Bill Number Subject Filed By Relationship Last Action and Location
    H 137 (e1) Persons in Position of Trust Hogan Identical Last Action: 3/18/2002 H Substituted CS/SB 268; Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/SB 268 (Ch. 2002-195) -HJ 01996
    Location:
    H 507 (e2) Emergencies & Disasters/Response Farkas Compare Last Action: 3/22/2002 H In returning messages; Died in returning Messages, Link/Iden/Sim/Compare passed, refer to HB 1405 (Ch. 2002-254), CS/SB 268 (Ch. 2002-195), CS/SB 1262 (Ch. 2002-269), CS/SB 2048 (Ch. 2002-35), HB 59-E (Ch. 2002-400)
    Location:
    S 364 (e1) Developmental Disabilities Peaden Compare Last Action: 3/22/2002 H Died in Messages, Link/Iden/Sim/Compare passed, refer to CS/SB 268 (Ch. 2002-195)
    Location:

    Citations - Statutes (13)

    Citation Catchline Location in Bill Location In Bill Help
    744.1083
    744.301 Natural guardians.
    744.309 Who may be appointed guardian of a resident ward.
    744.3135 Credit and criminal investigation.
    744.387 Settlement of claims.
    744.446 Conflicts of interest; prohibited activities; court approval.
    744.534 Disposition of unclaimed funds held by guardian.
    744.703 Office of public guardian; appointment, notification.
    744.7082
    765.104 Amendment or revocation.
    765.401 The proxy.
    772.11 Civil remedy for theft.
    825.101 Definitions.

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  • CS/SB 268, Engrossed 1 Posted 3/15/2002 at 10:57 AM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Floor Votes (2)

    Date Chamber Result
    3/18/2002 10:42 AM Senate 36 Yeas - 0 Nays
    3/18/2002 2:59 PM House 115 Yeas - 0 Nays

    Citations - Statutes (13)

    Citation Catchline Location in Bill Location In Bill Help
    744.1083
    744.301 Natural guardians.
    744.309 Who may be appointed guardian of a resident ward.
    744.3135 Credit and criminal investigation.
    744.387 Settlement of claims.
    744.446 Conflicts of interest; prohibited activities; court approval.
    744.534 Disposition of unclaimed funds held by guardian.
    744.703 Office of public guardian; appointment, notification.
    744.7082
    765.104 Amendment or revocation.
    765.401 The proxy.
    772.11 Civil remedy for theft.
    825.101 Definitions.

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  • CS/SB 268, Committee Substitute 1 Posted 2/9/2002 at 12:56 AM

    Bill Text:   Web Page | PDF
    Analyses:   Finance and Taxation (Post-Meeting) 2/6/2002 (pdf)

    Floor Amendments (3)

    Amendment Sponsor Filed Last Floor Action Format
    375418 - Amendment
    Carlton 3/12/2002
    4:08 PM
    Senate: Withdrawn
    3/15/2002
    Web Page
    PDF
    450570 - Amendment
    Carlton 3/12/2002
    4:08 PM
    Senate: Withdrawn
    3/15/2002
    Web Page
    PDF
    843768 - Amendment
    Carlton 3/14/2002
    11:44 AM
    Senate: Adopted
    3/15/2002
    Web Page
    PDF

    Citations - Statutes (10)

    Citation Catchline Location in Bill Location In Bill Help
    744.1083
    744.301 Natural guardians.
    744.309 Who may be appointed guardian of a resident ward.
    744.3135 Credit and criminal investigation.
    744.387 Settlement of claims.
    744.534 Disposition of unclaimed funds held by guardian.
    744.703 Office of public guardian; appointment, notification.
    744.7082
    772.11 Civil remedy for theft.
    825.101 Definitions.

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  • SB 268, Original Filed Version Posted 10/12/2001 at 12:16 AM

    Bill Text:   Web Page | PDF
    Analyses:   Judiciary (Post-Meeting) 1/3/2002 (pdf)

    Committee Amendments (1)

    Amendment Sponsor Filed Last Committee Action Format
    984246 - Amendment
    Judiciary 1/8/2002
    4:39 PM
    Web Page
    PDF

    Citations - Statutes (10)

    Citation Catchline Location in Bill Location In Bill Help
    744.1083
    744.301 Natural guardians.
    744.309 Who may be appointed guardian of a resident ward.
    744.3135 Credit and criminal investigation.
    744.387 Settlement of claims.
    744.534 Disposition of unclaimed funds held by guardian.
    744.703 Office of public guardian; appointment, notification.
    744.7082
    772.11 Civil remedy for theft.
    825.101 Definitions.

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