Amendment

Bill No. 1775

Amendment No. 406465

CHAMBER ACTION
Senate		House
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1	Representative Bogdanoff offered the following:
2
3	Amendment (with title amendment)
4	Between lines 659 and 660 insert:
5	Section 18.  Section 737.2065, Florida Statutes, is amended
6	to read:
7	737.2065  Trust contests.--An action to contest the
8	validity of all or part of a trust may not be commenced until
9	the trust becomes irrevocable, except this section shall not
10	prohibit such action by the guardian of the property of an
11	incapacitated grantor.
12	Section 19.  Paragraphs (b) and (f) of subsection (6) of
13	section 744.331, Florida Statutes, are amended to read:
14	744.331  Procedures to determine incapacity.--
15	(6)  ORDER DETERMINING INCAPACITY.--If, after making
16	findings of fact on the basis of clear and convincing evidence,
17	the court finds that a person is incapacitated with respect to
18	the exercise of a particular right, or all rights, the court
19	shall enter a written order determining such incapacity. A
20	person is determined to be incapacitated only with respect to
21	those rights specified in the order.
22	(b)  When an order is entered which determines that a
23	person is incapable of exercising delegable rights, the court
24	must consider and find whether there is an alternative to
25	guardianship that will sufficiently address the problems of the
26	incapacitated person. A guardian must be appointed to exercise
27	the incapacitated person's delegable rights unless the court
28	finds that there is an alternative. A guardian shall not be
29	appointed if the court finds that there is an alternative to
30	guardianship that will sufficiently address the problems of the
31	incapacitated person In any order declaring a person
32	incapacitated the court must find that alternatives to
33	guardianship were considered and that no alternative to
34	guardianship will sufficiently address the problems of the ward.
35	(f)  Upon the filing of a verified statement by an
36	interested person stating:
37	1.  That he or she has a good faith belief that the alleged
38	incapacitated person's trust, trust amendment, or durable power
39	of attorney is invalid; and
40	2.  A reasonable factual basis for that belief,
41
42	the trust, trust amendment, or durable power of attorney shall
43	not be deemed to be an alternative to the appointment of a
44	guardian. The appointment of a guardian shall not limit the
45	court's authority to determine that certain authority granted by
46	a durable power of attorney is to remain exercisable by the
47	attorney in fact When an order is entered which determines that
48	a person is incapable of exercising delegable rights, a guardian
49	must be appointed to exercise those rights.
50	Section 20.  Subsection (11) of section 744.441, Florida
51	Statutes, is amended to read:
52	744.441  Powers of guardian upon court approval.--After
53	obtaining approval of the court pursuant to a petition for
54	authorization to act, a plenary guardian of the property, or a
55	limited guardian of the property within the powers granted by
56	the order appointing the guardian or an approved annual or
57	amended guardianship report, may:
58	(11)  Prosecute or defend claims or proceedings in any
59	jurisdiction for the protection of the estate and of the
60	guardian in the performance of his or her duties. Before
61	authorizing a guardian to bring an action described in s.
62	737.2065, the court shall first find that the action appears to
63	be in the ward's best interest during the ward's probable
64	lifetime. If the court denies a request that a guardian be
65	authorized to bring an action described in s. 737.2065, the
66	court shall review the continued need for a guardian and the
67	extent of the need for delegation of the ward's rights.
68	Section 21.  Section 744.462, Florida Statutes, is created
69	to read:
70	744.462  Determination regarding alternatives to
71	guardianship.--Any judicial determination concerning the
72	validity of the ward's durable power of attorney, trust, or
73	trust amendment shall be promptly reported in the guardianship
74	proceeding by the guardian of the property. If the instrument
75	has been judicially determined to be valid, or if after the
76	appointment of a guardian a petition is filed alleging that
77	there is an alternative to guardianship that will sufficiently
78	address the problems of the ward, the court shall review the
79	continued need for a guardian and the extent of the need for
80	delegation of the ward's rights.
81
82	================ T I T L E  A M E N D M E N T =============
83	Remove lines 2-52, and insert:
84
85	An act relating to guardianship; amending s. 121.901,
86	F.S.; correcting cross references; amending s. 393.063,
87	F.S.; revising a definition; amending s. 393.12, F.S.;
88	providing that a guardian advocate is not required to file
89	an annual accounting under certain circumstances; amending
90	s. 709.08, F.S.; correcting cross references; amending s.
91	744.102, F.S.; providing a definition; amending s.
92	744.1083, F.S.; deleting a requirement for background
93	screening; requiring the Statewide Public Guardianship
94	Office to receive and review credit and criminal
95	investigations prior to registering a professional
96	guardian; authorizing the executive director of the office
97	to deny registration under certain circumstances; amending
98	s. 744.1085, F.S.; correcting a cross reference; creating
99	s. 744.3085, F.S.; authorizing a circuit court to appoint
100	a guardian advocate under certain circumstances; amending
101	s. 744.3135, F.S.; requiring the clerk of the court to
102	forward copies of credit and criminal investigations of
103	public and professional guardians to the office to be
104	maintained in the guardians' files; amending s. 744.3678,
105	F.S.; specifying nonapplication of certain annual
106	accounting requirements to certain guardians under certain
107	circumstances; amending s. 744.7082, F.S.; providing a
108	definition; requiring a direct-support organization to
109	operate under written contract with the office; providing
110	the requirements of such contract; requiring the Secretary
111	of Elderly Affairs to appoint a board of directors for the
112	direct-support organization; authorizing the Department of
113	Elderly Affairs to allow the use of department facilities
114	and property by the organization; authorizing the
115	organization to hold moneys in a separate account;
116	requiring an annual audit; authorizing judicial
117	dissolution for corporations fraudulently representing
118	themselves as direct-support organizations; creating s.
119	744.7101, F.S.; providing a popular name; creating s.
120	744.711, F.S.; providing legislative findings and intent;
121	creating s. 744.712, F.S.; creating the Joining Forces for
122	Public Guardianship matching grant program; providing a
123	purpose; providing for distribution of grant funds;
124	providing limitations on awards; providing requirements
125	for disbursement of grant funds to prior awardees;
126	requiring grant funds to be used for a certain purpose;
127	providing that program implementation is subject to
128	specific appropriation; creating s. 744.713, F.S.;
129	requiring the office to administer the grant program;
130	providing guidelines for such administration; creating s.
131	744.714, F.S.; providing eligibility requirements to
132	receive grant funding; creating s. 744.715, F.S.;
133	providing grant application requirements; requiring
134	matching funds from local funding sources; amending s.
135	737.2065, F.S.; excepting from a prohibition against
136	commencing certain actions contesting trust validity by
137	property guardians of incapacitated grantors; amending s.
138	744.331, F.S.; requiring a court to determine whether
139	acceptable alternatives to guardianship of incapacitated
140	persons exist under certain circumstances; requiring
141	appointment of a guardian if no alternative exists;
142	prohibiting such appointment if an alternative exists;
143	specifying circumstances of nonexistence of an
144	alternative; preserving certain court authority to
145	determine exercise of certain powers of attorney; amending
146	s. 744.441, F.S.; requiring a court to make certain
147	findings in a ward's best interest before authorizing a
148	guardian to bring certain actions; requiring a court to
149	review certain continuing needs for guardians and
150	delegation of a ward's rights; creating s. 744.462, F.S.;
151	requiring guardians to immediately report certain judicial
152	determinations in certain guardianship proceedings;
153	requiring a court to review certain continuing needs for
154	guardians and delegation of a ward's rights under certain
155	circumstances; providing effective dates.

CODING: Words stricken are deletions; words underlined are additions.