Senate Bill sb1782c2
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Florida Senate - 2003 CS for CS for SB 1782
By the Committees on Finance and Taxation; Judiciary; and
Senator Saunders
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1 A bill to be entitled
2 An act relating to guardianship; amending s.
3 744.102, F.S.; redefining the term
4 "professional guardian"; amending s. 744.1083,
5 F.S.; revising procedures for registration of
6 professional and public guardians; providing
7 for the Department of Elderly Affairs to
8 contract with a not-for-profit entity;
9 providing for prerequisites; providing for a
10 form; providing fees; requiring information to
11 be provided to the courts; providing for
12 voluntary registration as a public guardian of
13 a state college or university or independent
14 college or university; providing required
15 registration information; amending s. 744.1085,
16 F.S.; revising provisions relating to the
17 regulation of professional and public
18 guardians; providing for credit checks and
19 background screenings; providing for an
20 examination; providing for waiver of
21 examination; prohibiting the appointment, after
22 a specified date, of professional and public
23 guardians who have not met these requirements;
24 amending s. 744.3135, F.S., relating to credit
25 and criminal investigations; deleting
26 applicability to certain employees; allowing a
27 court to require nonprofessional guardians to
28 undergo credit checks and background screening;
29 amending s. 744.444, F.S.; allowing plenary or
30 limited guardians to employ case managers;
31 permitting reasonable reimbursement of
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1 compensation and fees for persons employed by
2 the guardian for services provided to the
3 guardianship estate; allowing plenary or
4 limited guardians to provide certain
5 confidential information to ombudsman council
6 members; requiring that confidentiality be
7 maintained; amending s. 744.534, F.S.;
8 providing for the Secretary of Elderly Affairs
9 to determine the use of certain unclaimed funds
10 held by a guardian; amending s. 744.7021, F.S.;
11 revising the organization of the Statewide
12 Public Guardianship Office within the
13 Department of Elderly Affairs; providing that
14 the Secretary of Elderly Affairs shall appoint
15 or contract with the head of the office to be
16 executive director; providing for rulemaking by
17 the department; amending s. 744.704, F.S.;
18 revising the powers and duties of public
19 guardians; prescribing who may be served by
20 public guardians; amending s. 744.705, F.S.;
21 repealing a provision for paying the costs of a
22 public guardian from the budget of the office
23 of public guardian; creating the Guardianship
24 Task Force within the department; providing
25 purpose; providing for staff, a chairperson,
26 and membership of the task force; providing for
27 organizations that appoint members to pay their
28 expenses; providing duties of the task force;
29 requiring a preliminary and a final report to
30 the Governor and the Legislature; allowing the
31 appointment of auxiliary members; providing a
2
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1 term of service; amending s. 744.108, F.S.;
2 providing that costs and attorney's fees
3 incurred as part of the guardianship
4 administration shall be determined by the
5 court; amending s. 744.3145, F.S.; reducing the
6 educational requirements for a person serving
7 as a guardian for the person's minor child;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (15) of section 744.102, Florida
13 Statutes, is amended to read:
14 744.102 Definitions.--As used in this chapter, the
15 term:
16 (15) "Professional guardian" means any guardian who
17 receives or has at any time received compensation for services
18 rendered to more than two wards as their guardian. A
19 professional guardian may serve as a public guardian pursuant
20 to part IX of this chapter. A person serving as a guardian for
21 two or more relatives as defined in s. 744.309(2) is not
22 considered a professional guardian.
23 Section 2. Section 744.1083, Florida Statutes, is
24 amended to read:
25 744.1083 Professional guardian Registration of
26 professional and public guardians.--
27 (1) Effective January 1, 2004 2003, a professional
28 guardian and a public guardian must register biennially with
29 the Statewide Public Guardianship Office as established in
30 part IX of this chapter. The Statewide Public Guardianship
31 Office may contract with the clerk of the court in each county
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1 to perform the administrative functions associated with
2 registering professional guardians.
3 (2) The Department of Elderly Affairs shall contract
4 with the Florida Guardianship Foundation or another
5 not-for-profit entity to perform other functions associated
6 with the registration, examination, and training of
7 professional and public guardians.
8 (3) Guardian registration must include information
9 sufficient to:
10 (a) Identify accurately the guardian;
11 (b) Distinguish a guardian providing guardianship
12 services as a public guardian or a professional guardian
13 either, individually or through a partnership, a corporation,
14 or any other business organization; and
15 (c) Demonstrate compliance with the bonding,
16 educational, testing, credit history, and background screening
17 requirements of ss. 744.1085 and 744.3135.
18
19 Compliance with this subsection constitutes compliance with
20 the attestation requirements of s. 435.04(5).
21 (4) The department may authorize the collection of a
22 registration fee to cover the actual cost of guardian
23 registration. Such fee shall be determined by rule but may not
24 exceed $100.
25 (5) Any not-for-profit entity with whom the department
26 has contracted under subsection (2) shall, in accordance with
27 procedures prescribed by the department, provide to the clerk
28 of court and the chief judge of each judicial circuit
29 information relating to guardian registration.
30 (2) Annual registration shall be made on forms
31 furnished by the Statewide Public Guardianship Office and
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1 accompanied by the applicable registration fee as determined
2 by rule. Such fee shall not exceed $25.
3 (3) Registration must include the following:
4 (a) If the professional guardian is a natural person,
5 the name, address, date of birth, and employer identification
6 or social security number of the professional guardian.
7 (b) If the professional guardian is a partnership or
8 association, the name, address, and date of birth of every
9 member, and the employer identification number of the
10 partnership or association.
11 (c) If the professional guardian is a corporation, the
12 name, address, and employer identification number of the
13 corporation; the name, address, and date of birth of each of
14 its directors and officers; the name of its resident agent;
15 and the name, address, and date of birth of each person having
16 at least a 10-percent interest in the corporation.
17 (d) The name, address, date of birth, and employer
18 identification number, if applicable, of each person providing
19 guardian-delegated financial or personal guardianship services
20 for wards.
21 (e) Documentation that the bonding and educational
22 requirements of s. 744.1085 have been met, and that background
23 screening has been conducted pursuant to s. 744.3135.
24 (6)(4) The Statewide Public Guardianship Office shall
25 may adopt rules, forms, and procedures necessary to administer
26 this section.
27 (7)(5) A trust company, a state banking corporation or
28 state savings association authorized and qualified to exercise
29 fiduciary powers in this state, or a national banking
30 association or federal savings and loan association authorized
31 and qualified to exercise fiduciary powers in this state, may,
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1 but shall not be required to, register as a professional
2 guardian under this section and may serve as a professional
3 guardian without registration with all of the rights and
4 privileges of a person registered under this chapter. If a
5 trust company, state banking corporation, state savings
6 association, national banking association, or federal savings
7 and loan association described in this subsection elects to
8 register as a professional guardian under this subsection, the
9 requirements of subsection (3) shall not apply and the
10 registration shall include only the name, address, and
11 employer identification number of the registrant, the name and
12 address of its registered agent, if any, and the documentation
13 described in paragraph (3)(e).
14 (8) A state college or university or an independent
15 college or university as described pursuant to s.
16 1009.98(3)(a) may, but shall not be required to, register as a
17 public guardian under this section. If a state college or
18 university or independent college or university elects to
19 register as a public guardian under this subsection, the
20 requirements of subsection (3) shall not apply and the
21 registration shall include only the name, address, and
22 employer identification number of the registrant.
23 Section 3. Section 744.1085, Florida Statutes, is
24 amended to read:
25 744.1085 Regulation of professional and public
26 guardians; application; bond required; educational
27 requirements.--
28 (1) The provisions of this section are in addition to
29 and supplemental to any other provision of the Florida
30 Guardianship Law, except s. 744.3145.
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1 (2) Each professional or public guardian who files a
2 petition for appointment after October 1, 1997, shall post a
3 blanket fiduciary bond with the clerk of the circuit court in
4 the county in which the guardian's primary place of business
5 is located. The guardian shall provide proof of the fiduciary
6 bond to the clerks of each additional circuit court in which
7 he or she is serving as a professional guardian. The bond
8 shall be maintained by the guardian in an amount not less than
9 $50,000. The bond must cover all wards for whom the guardian
10 has been appointed at any given time. The liability of the
11 provider of the bond is limited to the face amount of the
12 bond, regardless of the number of wards for whom the
13 professional guardian has been appointed. The act or omissions
14 of each employee of a professional guardian who has direct
15 contact with the ward or access to the ward's assets is
16 covered by the terms of such bond. The bond must be payable
17 to the Governor of the State of Florida and his or her
18 successors in office and conditioned on the faithful
19 performance of all duties by the guardian. In form, the bond
20 must be joint and several. The bond is in addition to any
21 bonds required under s. 744.351. This subsection does not
22 apply to any attorney who is licensed to practice law in this
23 state and who is in good standing, to any financial
24 institution as defined in s. 744.309(4), or a public guardian.
25 The expenses incurred to satisfy the bonding requirements
26 prescribed in this section may not be paid with the assets of
27 any ward.
28 (3) Each professional guardian defined in s.
29 744.102(15) and public guardian, on October 1, 1997, must
30 receive a minimum of 40 hours of instruction and training by
31 October 1, 1998, or within 1 year after becoming a
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1 professional guardian, whichever occurs later. Each
2 professional guardian must receive a minimum of 16 hours of
3 continuing education every 2 calendar years after the year in
4 which the initial 40-hour educational requirement is met. The
5 instruction and education must be completed through a course
6 approved or offered by the Statewide Public Guardianship
7 Office. The expenses incurred to satisfy the educational
8 requirements prescribed in this section may not be paid with
9 the assets of any ward. This subsection does not apply to any
10 attorney who is licensed to practice law in this state.
11 (4) Each professional guardian or public guardian must
12 allow, at the guardian's expense, an investigation of the
13 guardian's credit history, conducted in a manner prescribed by
14 the Department of Elderly Affairs.
15 (5) As required in s. 744.3135, each professional or
16 public guardian must allow a level 2 background screening of
17 the guardian in accordance with s. 435.04.
18 (6) After July 1, 2005, each professional or public
19 guardian shall demonstrate her or his competency to act as a
20 professional guardian or public guardian by taking an
21 examination developed or approved by the entity provided in s.
22 744.1083(2) and adopted by the Department of Elderly Affairs.
23 The department shall determine the procedure for administering
24 the examination and shall charge an examination fee in the
25 amount of the actual cost of developing and administering the
26 examination, not to exceed $500. The department, in
27 consultation with the entity provided in s. 744.1083(2), may
28 recognize the passing of a national guardianship examination
29 in lieu of passing all or part of the state examination,
30 except that each professional or public guardian must take and
31
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1 pass an approved examination section relating to Florida laws
2 and procedures.
3 (7) The Department of Elderly Affairs, in consultation
4 with the entity provided in s. 744.1083(2), shall set the
5 minimum score necessary to demonstrate competency to become a
6 professional or public guardian.
7 (8) The department shall waive the examination
8 requirement set under subsection (6) if a professional or
9 public guardian provides:
10 (a) Proof that the guardian has actively acted as a
11 professional or public guardian for 5 years or more; and
12 (b) A letter from the chief judge of a judicial
13 circuit before whom the professional or public guardian
14 practiced at least 1 year which states that the professional
15 guardian has demonstrated to the court her or his competency
16 as a professional or public guardian.
17 (9) Beginning July 1, 2004, the court may not appoint
18 as a professional or public guardian any person who has not
19 met the requirements of this section and s. 744.1083.
20 (10) This section does not apply to a professional
21 guardian or the employees of a professional guardian, that is
22 a trust company, a state banking corporation, state savings
23 association authorized and qualified to exercise fiduciary
24 powers in this state, or a national banking association or
25 federal savings and loan association authorized and qualified
26 to exercise fiduciary powers in this state.
27 Section 4. Section 744.3135, Florida Statutes, is
28 amended to read:
29 744.3135 Credit and criminal investigation.--The court
30 may require a nonprofessional guardian and shall require a
31 professional or public guardian, and all employees of a
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1 professional guardian who have a fiduciary responsibility to a
2 ward, to submit, at their own expense, to an investigation of
3 the guardian's credit history and to undergo level 2
4 background screening as required under s. 435.04. The clerk of
5 the court shall obtain fingerprint cards from the Federal
6 Bureau of Investigation and make them available to guardians.
7 Any guardian who is so required shall have his or her
8 fingerprints taken and forward the proper fingerprint card
9 along with the necessary fee to the Florida Department of Law
10 Enforcement for processing. The professional guardian shall
11 pay to the clerk of the court a fee of $5 for handling and
12 processing professional guardian files. The results of the
13 fingerprint checks shall be forwarded to the clerk of court
14 who shall maintain the results in a guardian file and shall
15 make the results available to the court. If credit or criminal
16 investigations are required, the court must consider the
17 results of the investigations in appointing a guardian.
18 Professional and public guardians and all employees of a
19 professional guardian who have a fiduciary responsibility to a
20 ward, so appointed, must resubmit, at their own expense, to an
21 investigation of credit history, and undergo level 1
22 background screening as required under s. 435.03, at least
23 every 2 years after the date of their appointment. At any
24 time, the court may require a guardian to submit to an
25 investigation of his or her credit history and undergo level 1
26 background screening as required under s. 435.03. The court
27 must consider the results of these investigations in
28 reappointing a guardian. This section shall not apply to a
29 professional guardian, or to the employees of a professional
30 guardian, that is a trust company, a state banking corporation
31 or state savings association authorized and qualified to
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1 exercise fiduciary powers in this state, or a national banking
2 association or federal savings and loan association authorized
3 and qualified to exercise fiduciary powers in this state.
4 Section 5. Subsection (13) of section 744.444, Florida
5 Statutes, is amended, and subsections (16) and (17) are added
6 to that section, to read:
7 744.444 Power of guardian without court
8 approval.--Without obtaining court approval, a plenary
9 guardian of the property, or a limited guardian of the
10 property within the powers granted by the order appointing the
11 guardian or an approved annual or amended guardianship report,
12 may:
13 (13) When reasonably necessary, employ persons,
14 including attorneys, auditors, investment advisers, case
15 managers, or agents, even if they are associated with the
16 guardian, to advise or assist the guardian in the performance
17 of his or her duties.
18 (16) Pay or reimburse costs incurred and reasonable
19 fees or compensation to persons, including attorneys, employed
20 by the guardian pursuant to subsection (13) from the assets of
21 the guardianship estate, subject to obtaining court approval
22 of the annual accounting.
23 (17) Provide confidential information of a ward which
24 is related to an investigation arising under part I of chapter
25 400 to a local or state ombudsman council member who is
26 conducting the investigation. Such information must be
27 provided within 7 days after the initial written request. Any
28 such ombudsman must maintain the confidentiality of such
29 information.
30 Section 6. Paragraph (c) of subsection (2) of section
31 744.534, Florida Statutes, is amended to read:
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1 744.534 Disposition of unclaimed funds held by
2 guardian.--
3 (2)
4 (c) Within 5 years from the date of deposit with the
5 State Treasurer, on written petition to the court that
6 directed the deposit of the funds and informal notice to the
7 Department of Legal Affairs, and after proof of his or her
8 right to them, any person entitled to the funds, before or
9 after payment to the State Treasurer and deposit as provided
10 for in paragraph (a), may obtain a court order directing the
11 payment of the funds to him or her. All funds deposited with
12 the State Treasurer and not claimed within 5 years from the
13 date of deposit shall escheat to the state to be deposited in
14 the Department of Elderly Affairs Administrative Trust Fund to
15 be used solely for the benefit of public guardianship as
16 determined by the Secretary of Elderly Affairs Statewide
17 Public Guardianship Office established in part IX of this
18 chapter.
19 Section 7. Section 744.7021, Florida Statutes, is
20 amended to read:
21 744.7021 Statewide Public Guardianship Office.--There
22 is hereby created the Statewide Public Guardianship Office
23 within the Department of Elderly Affairs. The Department of
24 Elderly Affairs shall provide administrative support and
25 service to the office to the extent requested by the executive
26 director within the available resources of the department. The
27 Statewide Public Guardianship Office may request the
28 assistance of the Inspector General of the Department of
29 Elderly Affairs in providing auditing services, and the Office
30 of General Counsel of the department may provide assistance in
31 rulemaking and other matters as needed to assist the Statewide
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1 Public Guardianship Office. The Statewide Public Guardianship
2 Office shall not be subject to control, supervision, or
3 direction by the Department of Elderly Affairs in the
4 performance of its duties.
5 (1) The Secretary of Elderly Affairs shall appoint or
6 contract with the executive director of the office, who shall
7 be the head of the Statewide Public Guardianship Office is the
8 executive director, who shall be appointed by the Governor.
9 The executive director must be a member of The Florida Bar in
10 good standing licensed attorney with a background in
11 guardianship law and knowledge of social services available to
12 meet the needs of incapacitated persons, shall serve on a
13 full-time basis, and shall personally, or through
14 representatives of the office, carry out the purposes and
15 functions of the Statewide Public Guardianship Office in
16 accordance with state and federal law. The executive director
17 shall serve at the pleasure of and report to the secretary
18 Governor.
19 (2) The executive director Statewide Public
20 Guardianship Office shall, directly or through contract with
21 the Department of Elderly Affairs, and within available
22 resources, have oversight responsibilities for all public and
23 professional guardians.
24 (a) The executive director office shall review the
25 current public guardian programs in Florida and other states.
26 (b) The executive director office, in consultation
27 with local guardianship offices, shall develop statewide
28 performance measures and standards.
29 (c) The executive director office shall review the
30 various methods of funding guardianship programs, the kinds of
31 services being provided by such programs, and the demographics
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1 of the wards. In addition, the executive director office shall
2 review and make recommendations regarding the feasibility of
3 recovering a portion or all of the costs of providing public
4 guardianship services from the assets or income of the wards.
5 (d) No later than October 1, 2000, the office shall
6 submit to the Governor, the President of the Senate, the
7 Speaker of the House of Representatives, and the Chief Justice
8 of the Supreme Court an interim report describing the progress
9 of the office in meeting the goals as described in this
10 section. No later than October 1, 2001, the office shall
11 submit to the Governor, the President of the Senate, the
12 Speaker of the House of Representatives, and the Chief Justice
13 of the Supreme Court a proposed public guardianship plan
14 including alternatives for meeting the state's guardianship
15 needs. This plan may include recommendations for less than the
16 entire state, may include a phase-in system, and shall include
17 estimates of the cost of each of the alternatives. Each year
18 thereafter, the executive director office shall provide a
19 status report and provide to the secretary further
20 recommendations that to address the need for public
21 guardianship services and related issues.
22 (e) The executive director office may provide
23 assistance to local governments or entities in pursuing grant
24 opportunities. The executive director office shall review and
25 make recommendations in the annual report on the availability
26 and efficacy of seeking Medicaid matching funds. The executive
27 director office shall diligently seek ways to use existing
28 programs and services to meet the needs of public wards.
29 (f) The executive director, in consultation with the
30 entity provided in s. 744.1083 office shall develop a
31 guardianship training program curriculum that. The training
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1 program may be offered to all guardians whether public or
2 private. The office shall establish a curriculum committee to
3 develop the training program specified in this part. The
4 curriculum committee shall include, but not be limited to,
5 probate judges. A fee may be charged to private guardians in
6 order to defray the cost of providing the training. In
7 addition, a fee may be charged to any training provider for up
8 to the actual cost of the review and approval of their
9 curriculum. Any fees collected pursuant to this paragraph
10 shall be deposited in the Department of Elderly Affairs
11 Administrative Trust Fund to be used for the guardianship
12 training program.
13 (3) The executive director office may conduct or
14 contract for demonstration projects authorized by the
15 Department of Elderly Affairs, within funds appropriated or
16 through gifts, grants, or contributions for such purposes, to
17 determine the feasibility or desirability of new concepts of
18 organization, administration, financing, or service delivery
19 designed to preserve the civil and constitutional rights of
20 persons of marginal or diminished capacity. Any gifts, grants,
21 or contributions for such purposes shall be deposited in the
22 Department of Elderly Affairs Administrative Trust Fund.
23 (4) The Department of Elderly Affairs office has
24 authority to adopt rules pursuant to ss. 120.536(1) and 120.54
25 to carry out the provisions of this section.
26 Section 8. Subsections (1), (2), and (3) of section
27 744.704, Florida Statutes, are amended to read:
28 744.704 Powers and duties.--
29 (1) A public guardian may serve as a guardian of a
30 person adjudicated incapacitated under this chapter. :
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1 (a) If there is no family member or friend, other
2 person, bank, or corporation willing and qualified to serve as
3 guardian; and
4 (b) If the assets of the ward do not exceed the asset
5 level for Medicaid eligibility, exclusive of homestead and
6 exempt property as defined in s. 4, Art. X of the State
7 Constitution, and the ward's income, from all sources, is less
8 than $4,000 per year. Income from public welfare programs,
9 supplemental security income, optional state supplement, a
10 disability pension, or a social security pension shall be
11 excluded in such computation. However, a ward whose total
12 income, counting excludable income, exceeds $30,000 a year may
13 not be served.
14 (2) The public guardian shall be vested with all the
15 powers and duties of a guardian under this chapter, except as
16 otherwise provided by law.
17 (3) The public guardian shall primarily serve
18 incapacitated persons who are of limited financial means, as
19 defined by contract or rule of the Department of Elderly
20 Affairs. The public guardian may serve incapacitated persons
21 of greater financial means to the extent that the Department
22 of Elderly Affairs determines to be appropriate. If the public
23 guardian finds that the assets or the income of the ward
24 exceeds the amounts set forth in paragraph (1)(b), the public
25 guardian shall submit a resignation and petition the court for
26 appointment of a successor guardian. The public guardian
27 shall not be dismissed until such time that a private guardian
28 is appointed. If a qualified successor guardian is not
29 available, the public guardian may remain as guardian,
30 provided the guardian makes reasonable efforts to find a
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1 successor and reports to the court every 6 months on efforts
2 to obtain a successor.
3 Section 9. Section 744.705, Florida Statutes, is
4 amended to read:
5 744.705 Costs of public guardian.--
6 (1) All costs of administration, including filing
7 fees, shall be paid from the budget of the office of public
8 guardian. No costs of administration, including filing fees,
9 shall be recovered from the assets or the income of the ward.
10 (2) In any proceeding for appointment of a public
11 guardian, or in any proceeding involving the estate of a ward
12 for whom a public guardian has been appointed guardian, the
13 court may waive any court costs or filing fees.
14 Section 10. Guardianship Task Force; creation;
15 membership, duties.--
16 (1) There is created within the Department of Elderly
17 Affairs a Guardianship Task Force. The purpose of the task
18 force is to examine guardianship and incapacity and make
19 recommendations to the Governor and the Legislature for the
20 improvement of guardianship and incapacity practice. The
21 department shall staff the task force. The Secretary of
22 Elderly Affairs shall appoint the chair of the task force.
23 Members of the task force shall serve without compensation.
24 Unless specified otherwise, task force members shall be
25 appointed by the respective organizations that they represent.
26 (2) Members shall serve without compensation. Any
27 member of the committee who is a public employee is entitled
28 to reimbursement for per diem and travel expenses by his or
29 her employer, and the cost of each member's participation must
30 be borne by the organization that appointed the member.
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1 (3) The Guardianship Task Force shall identify the
2 characteristics of Florida guardianship practice. It shall
3 also identify guardianship best practices and recommend
4 specific statutory and other changes for achieving such best
5 practices and for achieving citizen access to quality
6 guardianship services. The task force shall submit a
7 preliminary report to the Governor, the Secretary of Elderly
8 Affairs and the Legislature no later than January 1, 2004, and
9 shall submit a final report no later than January 1, 2005.
10 (4) The Guardianship Task Force shall consist of 10
11 members as follows: a judge who has experience sitting in
12 guardianship proceedings appointed by the Florida Conference
13 of Circuit Judges, a representative of the Association of
14 Clerks of Court, a professor of law who has experience in
15 elder issues appointed by the Secretary of Elderly Affairs, a
16 representative of the Florida State Guardianship Association,
17 a representative of the Florida Guardianship Foundation, a
18 representative of the Real Property and Probate Section of The
19 Florida Bar, a representative of the Elder Law Section of The
20 Florida Bar, a professional who has experience in examining
21 and determining incapacity, a representative of the Florida
22 Bankers' Association and a citizen/consumer appointed by the
23 Florida AARP (American Association of Retired Persons).
24 (5) The Guardianship Task Force may appoint auxiliary
25 members based on their expertise to assist the task force in
26 carrying out its duties.
27 (6) The task force is terminated May 6, 2005.
28 Section 11. Subsection (8) is added to section
29 744.108, Florida Statutes, to read:
30 744.108 Guardian's and attorney's fees and expenses.--
31
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1 (8) When court proceedings are instituted to review or
2 determine a guardian's or an attorney's fees under subsection
3 (2), such proceedings are part of the guardianship
4 administration process and the costs, including fees for the
5 guardian's attorney, shall be determined by the court and paid
6 from the assets of the guardianship estate unless the court
7 finds the requested compensation under subsection (2) to be
8 substantially unreasonable.
9 Section 12. Section 744.3145, Florida Statutes, is
10 amended to read:
11 744.3145 Guardian education requirements.--
12 (1) Each ward is entitled to a guardian competent to
13 perform the duties of a guardian necessary to protect the
14 interests of the ward.
15 (2) Each person appointed by the court to be a
16 guardian, other than a parent who is the guardian of the
17 property of a minor child, must receive a minimum of 8 hours
18 of instruction and training which covers:
19 (a) The legal duties and responsibilities of the
20 guardian;
21 (b) The rights of the ward;
22 (c) The availability of local resources to aid the
23 ward; and
24 (d) The preparation of habilitation plans and annual
25 guardianship reports, including financial accounting for the
26 ward's property.
27 (3) Each person appointed by the court to be the
28 guardian of the property of his or her minor child must
29 receive a minimum of 4 hours of instruction and training that
30 covers:
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1 (a) The legal duties and responsibilities of the
2 guardian of the property;
3 (b) The preparation of the initial inventory and
4 annual guardianship accountings for the ward's property; and
5 (c) Use of guardianship assets.
6 (4)(3) Each person appointed by the court to be a
7 guardian must complete the required number of 8 hours of
8 instruction and education within 1 year after his or her
9 appointment as guardian. The instruction and education must
10 be completed through a course approved by the chief judge of
11 the circuit court and taught by a court-approved organization.
12 Court-approved organizations may include, but are not limited
13 to, community or junior colleges, guardianship organizations,
14 and the local bar association or The Florida Bar.
15 (5)(4) Expenses incurred by the guardian to satisfy
16 the education requirement may be paid from the ward's estate,
17 unless the court directs that such expenses be paid by the
18 guardian individually.
19 (6)(5) The court may, in its discretion, waive some or
20 all of the requirements of this section or impose additional
21 requirements. The court shall make its decision on a
22 case-by-case basis and, in making its decision, shall consider
23 the experience and education of the guardian, the duties
24 assigned to the guardian, and the needs of the ward.
25 (7)(6) The provisions of this section do not apply to
26 professional guardians.
27 Section 13. This act shall take effect July 1, 2003.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/SB 1782
3
4 The committee substitute requires the Department of Elderly
Affairs to contract with the Florida Guardianship Foundation
5 or another not-for-profit entity to perform functions
associated with the registration, examination and training of
6 professional guardians.
7 The committee substitute provides that when court proceedings
are instituted to review or determine a guardian's or an
8 attorney's fees, such proceedings are part of the guardianship
administration process and the costs, including fees for the
9 guardian's attorney, shall be determined by the court and paid
from the assets of the guardianship estate, unless the court
10 finds the requested compensation unreasonable.
11 The committee substitute reduces the educational requirements
for a person serving as a guardian for his or her own minor
12 child from 8 hours to 4 hours.
13 The committee substitute provides that a financial institution
may register as a professional guardian, but does not have to
14 in order to serve as a professional guardian with all of the
rights and privileges of a registered guardian.
15
The committee substitute provides that a state college or
16 university or an independent college or university as
described pursuant to s. 1009.98(3)(a), F.S., may, but shall
17 not be required to, register as a public guardian.
18 The committee substitute requires guardians to obtain court
approval of the annual accounting in order to pay or reimburse
19 costs incurred and reasonable fees or compensation to persons,
including attorneys, employed by the guardian, from assets of
20 the guardianship estate.
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