HB 1775

1	A bill to be entitled
2	An act relating to public guardianship; amending s.
3	121.901, F.S.; correcting cross references; amending s.
4	393.063, F.S.; revising a definition; amending s. 393.12,
5	F.S.; providing that a guardian advocate is not required
6	to file an annual accounting under certain circumstances;
7	amending s. 709.08, F.S.; correcting cross references;
8	amending s. 744.102, F.S.; providing a definition;
9	amending s. 744.1083, F.S.; deleting a requirement for
10	background screening; requiring the Statewide Public
11	Guardianship Office to receive and review credit and
12	criminal investigations prior to registering a
13	professional guardian; authorizing the executive director
14	of the office to deny registration under certain
15	circumstances; amending s. 744.1085, F.S.; correcting a
16	cross reference; creating s. 744.3085, F.S.; authorizing a
17	circuit court to appoint a guardian advocate under certain
18	circumstances; amending s. 744.3135, F.S.; requiring the
19	clerk of the court to forward copies of credit and
20	criminal investigations of public and professional
21	guardians to the office to be maintained in the guardians'
22	files; amending s. 744.3678, F.S.; specifying
23	nonapplication of certain annual accounting requirements
24	to certain guardians under certain circumstances; amending
25	s. 744.7082, F.S.; providing a definition; requiring a
26	direct-support organization to operate under written
27	contract with the office; providing the requirements of
28	such contract; requiring the Secretary of Elderly Affairs
29	to appoint a board of directors for the direct-support
30	organization; authorizing the Department of Elderly
31	Affairs to allow the use of department facilities and
32	property by the organization; authorizing the organization
33	to hold moneys in a separate account; requiring an annual
34	audit; authorizing judicial dissolution for corporations
35	fraudulently representing themselves as direct-support
36	organizations; creating s. 744.7101, F.S.; providing a
37	popular name; creating s. 744.711, F.S.; providing
38	legislative findings and intent; creating s. 744.712,
39	F.S.; creating the Joining Forces for Public Guardianship
40	matching grant program; providing a purpose; providing for
41	distribution of grant funds; providing limitations on
42	awards; providing requirements for disbursement of grant
43	funds to prior awardees; requiring grant funds to be used
44	for a certain purpose; providing that program
45	implementation is subject to specific appropriation;
46	creating s. 744.713, F.S.; requiring the office to
47	administer the grant program; providing guidelines for
48	such administration; creating s. 744.714, F.S.; providing
49	eligibility requirements to receive grant funding;
50	creating s. 744.715, F.S.; providing grant application
51	requirements; requiring matching funds from local funding
52	sources; providing effective dates.
53
54	Be It Enacted by the Legislature of the State of Florida:
55
56	Section 1.  Paragraph (c) of subsection (8) of section
57	121.091, Florida Statutes, is amended to read:
58	121.091  Benefits payable under the system.--Benefits may
59	not be paid under this section unless the member has terminated
60	employment as provided in s. 121.021(39)(a) or begun
61	participation in the Deferred Retirement Option Program as
62	provided in subsection (13), and a proper application has been
63	filed in the manner prescribed by the department. The department
64	may cancel an application for retirement benefits when the
65	member or beneficiary fails to timely provide the information
66	and documents required by this chapter and the department's
67	rules. The department shall adopt rules establishing procedures
68	for application for retirement benefits and for the cancellation
69	of such application when the required information or documents
70	are not received.
71	(8)  DESIGNATION OF BENEFICIARIES.--
72	(c)  Notwithstanding the member's designation of benefits
73	to be paid through a trust to a beneficiary that is a natural
74	person as provided in s. 121.021(46), and notwithstanding the
75	provisions of the trust, benefits shall be paid directly to the
76	beneficiary if such person is no longer a minor or an
77	incapacitated person as defined in s. 744.102(10) and (11).
78	Section 2.  Subsection (25) of section 393.063, Florida
79	Statutes, is amended to read:
80	393.063  Definitions.--For the purposes of this chapter:
81	(25)  "Guardian advocate" means a person appointed by an
82	order of the circuit court to represent a person with
83	developmental disabilities in any proceedings brought pursuant
84	to s. 393.12, and excludes the use of the same term as applied
85	to a guardian advocate for mentally ill persons in chapter 394.
86	Section 3.  Paragraph (h) of subsection (2) of section
87	393.12, Florida Statutes, is amended to read:
88	393.12  Capacity; appointment of guardian advocate.--
89	(2)  APPOINTMENT OF A GUARDIAN ADVOCATE.--
90	(h)  Powers and duties of guardian advocate.--A guardian
91	advocate for a person with developmental disabilities shall be a
92	any person or corporation qualified to act as guardian, with the
93	same powers, duties, and responsibilities required of a guardian
94	under pursuant to chapter 744 or those defined by court order
95	under pursuant to this section. However, a guardian advocate is
96	not required to file an annual accounting as required under s.
97	744.3678 if the court determines that the person with
98	developmental disabilities receives income only from social
99	security benefits and the guardian advocate is such person's
100	representative payee for such benefits.
101	Section 4.  Subsection (1) and paragraphs (b), (d), and (f)
102	of subsection (4) of section 709.08, Florida Statutes, are
103	amended to read:
104	709.08  Durable power of attorney.--
105	(1)  CREATION OF DURABLE POWER OF ATTORNEY.--A durable
106	power of attorney is a written power of attorney by which a
107	principal designates another as the principal's attorney in
108	fact. The durable power of attorney must be in writing, must be
109	executed with the same formalities required for the conveyance
110	of real property by Florida law, and must contain the words:
111	"This durable power of attorney is not affected by subsequent
112	incapacity of the principal except as provided in s. 709.08,
113	Florida Statutes"; or similar words that show the principal's
114	intent that the authority conferred is exercisable
115	notwithstanding the principal's subsequent incapacity, except as
116	otherwise provided by this section. The durable power of
117	attorney is exercisable as of the date of execution; however, if
118	the durable power of attorney is conditioned upon the
119	principal's lack of capacity to manage property as defined in s.
120	744.102(10)(a), the durable power of attorney is exercisable
121	upon the delivery of affidavits in paragraphs (4)(c) and (d) to
122	the third party.
123	(4)  PROTECTION WITHOUT NOTICE; GOOD FAITH ACTS;
124	AFFIDAVITS.--
125	(b)  Any third party may rely upon the authority granted in
126	a durable power of attorney that is conditioned on the
127	principal's lack of capacity to manage property as defined in s.
128	744.102(10)(a) only after receiving the affidavits provided in
129	paragraphs (c) and (d), and such reliance shall end when the
130	third party has received notice as provided in subsection (5).
131	(d)  A determination that a principal lacks the capacity to
132	manage property as defined in s. 744.102(10)(a) must be made and
133	evidenced by the affidavit of a physician licensed to practice
134	medicine pursuant to chapters 458 and 459 as of the date of the
135	affidavit. A judicial determination that the principal lacks the
136	capacity to manage property pursuant to chapter 744 is not
137	required prior to the determination by the physician and the
138	execution of the affidavit. For purposes of this section, the
139	physician executing the affidavit must be the primary physician
140	who has responsibility for the treatment and care of the
141	principal. The affidavit executed by a physician must state
142	where the physician is licensed to practice medicine, that the
143	physician is the primary physician who has responsibility for
144	the treatment and care of the principal, and that the physician
145	believes that the principal lacks the capacity to manage
146	property as defined in s. 744.102(10)(a). The affidavit may, but
147	need not, be in the following form:
148
149	STATE OF_______________
150	COUNTY OF_______________
151
152	Before me, the undersigned authority, personally appeared
153	...  (name of physician)  ..., Affiant, who swore or affirmed
154	that:
155	1.  Affiant is a physician licensed to practice medicine in
156	...  (name of state, territory, or foreign country)  ....
157	2.  Affiant is the primary physician who has responsibility
158	for the treatment and care of ...  (principal's name)  ....
159	3.  To the best of Affiant's knowledge after reasonable
160	inquiry, Affiant believes that the principal lacks the capacity
161	to manage property, including taking those actions necessary to
162	obtain, administer, and dispose of real and personal property,
163	intangible property, business property, benefits, and income.
164
165
166	____________________
167	...  (Affiant)  ...
168
169	Sworn to (or affirmed) and subscribed before me this ...
170	(day of)  ... ...  (month)  ..., ...  (year)  ..., by ...  (name
171	of person making statement)  ...
172
173	...  (Signature of Notary Public-State of Florida)  ...
174
175	...  (Print, Type, or Stamp Commissioned Name of Notary Public)
176	...
177
178	Personally Known OR Produced Identification
179	...  (Type of Identification Produced)  ...
180
181	(f)  A third party may not rely on the authority granted in
182	a durable power of attorney conditioned on the principal's lack
183	of capacity to manage property as defined in s. 744.102(10)(a)
184	when any affidavit presented has been executed more than 6
185	months prior to the first presentation of the durable power of
186	attorney to the third party.
187	Section 5.  Subsections (10) through (19) of section
188	744.102, Florida Statutes, are renumbered as subsections (11)
189	through (20), respectively, and a new subsection (10) is added
190	to said section, to read:
191	744.102  Definitions.--As used in this chapter, the term:
192	(10)  "Guardian advocate" means a person appointed by an
193	order of the court to represent a person with developmental
194	disabilities as provided in s. 393.12. The term does not apply
195	to a guardian advocate appointed for a person determined
196	incompetent to consent to treatment as provided in s. 394.4598.
197	Section 6.  Section 744.1083, Florida Statutes, is amended
198	to read:
199	744.1083  Professional guardian registration.--
200	(1)  A professional guardian must register with the
201	Statewide Public Guardianship Office established in part IX of
202	this chapter.
203	(2)  Annual registration shall be made on forms furnished
204	by the Statewide Public Guardianship Office and accompanied by
205	the applicable registration fee as determined by rule. The Such
206	fee shall not exceed $100.
207	(3)  Registration must include the following:
208	(a)  If the professional guardian is a natural person, the
209	name, address, date of birth, and employer identification or
210	social security number of the professional guardian.
211	(b)  If the professional guardian is a partnership or
212	association, the name, address, and date of birth of every
213	member, and the employer identification number of the
214	partnership or association.
215	(c)  If the professional guardian is a corporation, the
216	name, address, and employer identification number of the
217	corporation; the name, address, and date of birth of each of its
218	directors and officers; the name of its resident agent; and the
219	name, address, and date of birth of each person having at least
220	a 10-percent interest in the corporation.
221	(d)  The name, address, date of birth, and employer
222	identification number, if applicable, of each person providing
223	guardian-delegated financial or personal guardianship services
224	for wards.
225	(e)  Documentation that the bonding and educational
226	requirements of s. 744.1085 have been met, and that background
227	screening has been conducted pursuant to s. 744.3135. Compliance
228	with this section shall constitute compliance with the
229	attestation requirement of s. 435.04(5).
230	(f)  Sufficient information to distinguish a guardian
231	providing guardianship services as a public guardian,
232	individually, through partnership, corporation, or any other
233	business organization.
234	(4)  Prior to registering a professional guardian, the
235	Statewide Public Guardianship Office must receive and review
236	copies of the credit and criminal investigations conducted
237	pursuant to s. 744.3135. Such credit and criminal investigations
238	must have been completed within the previous 2 years.
239	(5)  The executive director of the office may deny
240	registration to a professional guardian if the executive
241	director determines that the guardian's proposed registration,
242	including the guardian's credit or criminal investigations,
243	indicates that registering the professional guardian would
244	violate any provision of this chapter. If the executive director
245	denies registration to a professional guardian, the office must
246	send written notification of the denial to the chief judge of
247	each judicial circuit in which the guardian was serving as of
248	the day of the office's decision to deny registration.
249	(6)(4)  The Department of Elderly Affairs may adopt rules
250	necessary to administer this section.
251	(7)(5)  A trust company, a state banking corporation or
252	state savings association authorized and qualified to exercise
253	fiduciary powers in this state, or a national banking
254	association or federal savings and loan association authorized
255	and qualified to exercise fiduciary powers in this state, may,
256	but is shall not be required to, register as a professional
257	guardian under this section. If a trust company, state banking
258	corporation, state savings association, national banking
259	association, or federal savings and loan association described
260	in this subsection elects to register as a professional guardian
261	under this subsection, the requirements of subsection (3) do
262	shall not apply and the registration must shall include only the
263	name, address, and employer identification number of the
264	registrant, the name and address of its registered agent, if
265	any, and the documentation described in paragraph (3)(e).
266	(8)(6)  The Department of Elderly Affairs may contract with
267	the Florida Guardianship Foundation or other not-for-profit
268	entity to register professional guardians.
269	(9)(7)  The department or its contractor shall ensure that
270	the clerks of the court and the chief judge of each judicial
271	circuit receive information about each registered professional
272	guardian.
273	(10)(8)  A state college or university or an independent
274	college or university as described in pursuant to s.
275	1009.98(3)(a), may, but is shall not be required to, register as
276	a professional guardian under this section. If a state college
277	or university or independent college or university elects to
278	register as a professional guardian under this subsection, the
279	requirements of subsection (3) do shall not apply and the
280	registration must shall include only the name, address, and
281	employer identification number of the registrant.
282	Section 7.  Subsection (3) of section 744.1085, Florida
283	Statutes, is amended to read:
284	744.1085  Regulation of professional guardians;
285	application; bond required; educational requirements.--
286	(3)  Each professional guardian defined in s. 744.102(15)
287	and public guardian must receive a minimum of 40 hours of
288	instruction and training. Each professional guardian must
289	receive a minimum of 16 hours of continuing education every 2
290	calendar years after the year in which the initial 40-hour
291	educational requirement is met. The instruction and education
292	must be completed through a course approved or offered by the
293	Statewide Public Guardianship Office. The expenses incurred to
294	satisfy the educational requirements prescribed in this section
295	may not be paid with the assets of any ward. This subsection
296	does not apply to any attorney who is licensed to practice law
297	in this state.
298	Section 8.  Section 744.3085, Florida Statutes, is created
299	to read:
300	744.3085  Guardian advocates.--A circuit court may appoint
301	a guardian advocate, without an adjudication of incapacity, for
302	a person with developmental disabilities if the person lacks the
303	capacity to do some, but not all, of the tasks necessary to care
304	for his or her person, property, or estate, or if the person has
305	voluntarily petitioned for the appointment of a guardian
306	advocate. Unless otherwise specified, the proceeding shall be
307	governed by the Florida Probate Rules. In accordance with the
308	legislative intent of this chapter, courts are encouraged to
309	consider appointing a guardian advocate, when appropriate, as a
310	less restrictive form of guardianship.
311	Section 9.  Section 744.3135, Florida Statutes, as amended
312	by chapter 2003-402, Laws of Florida, is amended to read:
313	744.3135  Credit and criminal investigation.--The court may
314	require a nonprofessional guardian and shall require a
315	professional or public guardian, and all employees of a
316	professional guardian who have a fiduciary responsibility to a
317	ward, to submit, at their own expense, to an investigation of
318	the guardian's credit history and to undergo level 2 background
319	screening as required under s. 435.04. The clerk of the court
320	shall obtain fingerprint cards from the Federal Bureau of
321	Investigation and make them available to guardians. Any guardian
322	who is so required shall have his or her fingerprints taken and
323	forward the proper fingerprint card along with the necessary fee
324	to the Florida Department of Law Enforcement for processing. The
325	professional guardian shall pay to the clerk of the court a fee
326	of up to $7.50 for handling and processing professional guardian
327	files. The results of the fingerprint checks shall be forwarded
328	to the clerk of court who shall maintain the results in a
329	guardian file and shall make the results available to the court.
330	If credit or criminal investigations are required, the court
331	must consider the results of the investigations in appointing a
332	guardian. Guardians and all employees of a professional guardian
333	who have a fiduciary responsibility to a ward, so appointed,
334	must resubmit, at their own expense, to an investigation of
335	credit history, and undergo level 1 background screening as
336	required under s. 435.03, every 2 years after the date of their
337	appointment. The court must consider the results of these
338	investigations in reappointing a guardian.
339	(1)  Upon receiving the results of a credit or criminal
340	investigation of any public or professional guardian, the clerk
341	of the court shall forward copies of the results to the
342	Statewide Public Guardianship Office to be maintained in the
343	guardian's registration file.
344	(2)  This section does shall not apply to a professional
345	guardian, or to the employees of a professional guardian, that
346	is a trust company, a state banking corporation or state savings
347	association authorized and qualified to exercise fiduciary
348	powers in this state, or a national banking association or
349	federal savings and loan association authorized and qualified to
350	exercise fiduciary powers in this state.
351	Section 10.  Subsection (5) is added to section 744.3678,
352	Florida Statutes, to read:
353	744.3678  Annual accounting.--
354	(5)  This section does not apply if the court determines
355	that the ward receives income only from government benefits and
356	the guardian is such ward's representative payee for such
357	benefits.
358	Section 11.  Effective upon this act becoming a law,
359	section 744.7082, Florida Statutes, is amended to read:
360	(Substantial rewording of section. See
361	s. 744.7082, F.S., for present text.)
362	744.7082  Direct-support organization; definition; use of
363	property; board of directors; audit; dissolution.--
364	(1)  DEFINITION.--As used in this section, the term
365	"direct-support organization" means an organization whose sole
366	purpose is to support the Statewide Public Guardianship Office
367	and is:
368	(a)  A not-for-profit corporation incorporated under
369	chapter 617 and approved by the Department of State.
370	(b)  Organized and operated to conduct programs and
371	activities; raise funds; request and receive grants, gifts, and
372	bequests of moneys; acquire, receive, hold, invest, and
373	administer, in its own name, securities, funds, objects of
374	value, or other property, real or personal; and make
375	expenditures to or for the direct or indirect benefit of the
376	Statewide Public Guardianship Office.
377	(c)  Determined by the Statewide Public Guardianship Office
378	to be consistent with the goals of the office, in the best
379	interests of the state, and in accordance with the adopted goals
380	and mission of the Department of Elderly Affairs and the
381	Statewide Public Guardianship Office.
382	(2)  CONTRACT.--The direct-support organization shall
383	operate under a written contract with the Statewide Public
384	Guardianship Office. The written contract must provide for:
385	(a)  Certification by the Statewide Public Guardianship
386	Office that the direct-support organization is complying with
387	the terms of the contract and is doing so consistent with the
388	goals and purposes of the office and in the best interests of
389	the state. This certification must be made annually and reported
390	in the official minutes of a meeting of the direct-support
391	organization.
392	(b)  The reversion of moneys and property held in trust by
393	the direct-support organization:
394	1.  To the Statewide Public Guardianship Office if the
395	direct-support organization is no longer approved to operate for
396	the office;
397	2.  To the Statewide Public Guardianship Office if the
398	direct-support organization ceases to exist;
399	3.  To the Department of Elderly Affairs if the Statewide
400	Public Guardianship Office ceases to exist; or
401	4.  To the state if the Department of Elderly Affairs
402	ceases to exist.
403
404	The fiscal year of the direct-support organization shall begin
405	on July 1 of each year and end on June 30 of the following year.
406	(c)  The disclosure of the material provisions of the
407	contract, and the distinction between the Statewide Public
408	Guardianship Office and the direct-support organization, to
409	donors of gifts, contributions, or bequests, including such
410	disclosure on all promotional and fundraising publications.
411	(3)  BOARD OF DIRECTORS.--The Secretary of Elderly Affairs
412	shall appoint a board of directors for the direct-support
413	organization from a list of nominees submitted by the executive
414	director of the Statewide Public Guardianship Office.
415	(4)  USE OF PROPERTY.--The Department of Elderly Affairs
416	may permit, without charge, appropriate use of fixed property
417	and facilities of the department or the Statewide Public
418	Guardianship Office by the direct-support organization. The
419	department may prescribe any condition with which the direct-
420	support organization must comply in order to use fixed property
421	or facilities of the department or the Statewide Public
422	Guardianship Office.
423	(5)  MONEYS.--Any moneys may be held in a separate
424	depository account in the name of the direct-support
425	organization and subject to the provisions of the written
426	contract with the Statewide Public Guardianship Office.
427	Expenditures of the direct-support organization shall be
428	expressly used to support the Statewide Public Guardianship
429	Office. The expenditures of the direct-support organization may
430	not be used for the purpose of lobbying as defined in s. 11.045.
431	(6)  AUDIT.--The direct-support organization shall provide
432	for an annual financial audit in accordance with s. 215.981.
433	(7)  DISSOLUTION.--After July 1, 2004, any not-for-profit
434	corporation incorporated under chapter 617 that is determined by
435	a circuit court to be representing itself as a direct-support
436	organization created under this section, but that does not have
437	a written contract with the Statewide Public Guardianship Office
438	in compliance with this section, is considered to meet the
439	grounds for a judicial dissolution described in s.
440	617.1430(1)(a). The Statewide Public Guardianship Office shall
441	be the recipient for all assets held by the dissolved
442	corporation that accrued during the period that the dissolved
443	corporation represented itself as a direct-support organization
444	created under this section.
445	Section 12.  Section 744.7101, Florida Statutes, is created
446	to read:
447	744.7101  Popular name.--Sections 744.7101-744.715 may be
448	referred to by the popular name the "Joining Forces for Public
449	Guardianship Act."
450	Section 13.  Section 744.711, Florida Statutes, is created
451	to read:
452	744.711  Legislative findings and intent.--The Legislature
453	finds that public guardianship programs are necessary to ensure
454	that the rights and best interests of Florida's vulnerable
455	indigent and incapacitated residents are protected. In addition,
456	the Legislature finds that the best solution to this problem is
457	to encourage each county to establish, through the Statewide
458	Public Guardianship Office, a local office of public guardian
459	for the purpose of providing guardianship services to
460	incapacitated persons when a private guardian is not available.
461	Therefore, the Legislature intends to establish the Joining
462	Forces for Public Guardianship matching grant program for the
463	purpose of assisting counties to establish and fund community-
464	supported public guardianship programs.
465	Section 14.  Section 744.712, Florida Statutes, is created
466	to read:
467	744.712  Joining Forces for Public Guardianship matching
468	grant program; purpose.--The Joining Forces for Public
469	Guardianship matching grant program shall be established and
470	administered by the Statewide Public Guardianship Office within
471	the Department of Elderly Affairs. The purpose of the program is
472	to provide startup funding to encourage communities to develop
473	and administer locally funded and supported public guardianship
474	programs to address the needs of indigent and incapacitated
475	residents.
476	(1)  The Statewide Public Guardianship Office may
477	distribute the grant funds as follows:
478	(a)  As initial startup funding to encourage counties that
479	have no office of public guardian to establish an office, or as
480	initial startup funding to open an additional office of public
481	guardian within a county whose public guardianship needs require
482	more than one office.
483	(b)  As support funding to operational offices of public
484	guardian that demonstrate a necessity for funds to meet the
485	public guardianship needs of a particular geographic area in the
486	state that the office serves.
487	(c)  To assist counties that have an operating public
488	guardianship program but that propose to expand the geographic
489	area or population of persons they serve, or to develop and
490	administer innovative programs to increase access to public
491	guardianship in this state.
492
493	Notwithstanding this subsection, the executive director of the
494	office may award emergency grants if he or she determines that
495	the award is in the best interests of public guardianship in
496	this state. Before making an emergency grant, the executive
497	director must obtain the written approval of the Secretary of
498	Elderly Affairs. Subsections (2), (3), and (4) do not apply to
499	the distribution of emergency grant funds.
500	(2)  One or more grants may be awarded within a county.
501	However, a county may not receive an award that equals, or
502	multiple awards that cumulatively equal, more than 10 percent of
503	the total amount of grant funds appropriated during any fiscal
504	year.
505	(3)  If an applicant is eligible and meets the requirements
506	to receive multiple grant funds, the Statewide Public
507	Guardianship Office shall award funds to prior awardees in the
508	following manner:
509	(a)  In the second year that grant funds are awarded, the
510	cumulative sum of the awards provided to one or more applicants
511	within the same county may not exceed 75 percent of the total
512	amount of grant funds awarded within that county in the first
513	year.
514	(b)  In the third year that grant funds are awarded, the
515	cumulative sum of the awards provided to one or more applicants
516	within the same county may not exceed 60 percent of the total
517	amount of grant funds awarded within that county in the first
518	year.
519	(c)  In the fourth year that grant funds are awarded, the
520	cumulative sum of the awards provided to one or more applicants
521	within the same county may not exceed 45 percent of the total
522	amount of grant funds awarded within that county in the first
523	year.
524	(d)  In the fifth year that grant funds are awarded, the
525	cumulative sum of the awards provided to one or more applicants
526	within the same county may not exceed 30 percent of the total
527	amount of grant funds awarded within that county in the first
528	year.
529	(e)  In the sixth and subsequent years that grant funds are
530	awarded, the cumulative sum of the awards provided to one or
531	more applicants within the same county may not exceed 15 percent
532	of the total amount of grant funds awarded within that county in
533	the first year.
534
535	The Statewide Public Guardianship Office may not award grant
536	funds to any applicant within a county that has received grant
537	funds for 6 or more years.
538	(4)  Grant funds shall be used only to provide direct
539	services to indigent wards, except that up to 10 percent of the
540	grant funds may be retained by the awardee for administrative
541	expenses.
542	(5)  Implementation of the program is subject to a specific
543	appropriation by the Legislature in the General Appropriations
544	Act.
545	Section 15.  Section 744.713, Florida Statutes, is created
546	to read:
547	744.713  Program administration; duties of the Statewide
548	Public Guardianship Office.--The Statewide Public Guardianship
549	Office shall administer the grant program. The office shall:
550	(1)  Publicize the availability of grant funds to entities
551	that may be eligible for the funds.
552	(2)  Establish an application process for submitting a
553	grant proposal.
554	(3)  Request, receive, and review proposals from applicants
555	seeking grant funds.
556	(4)  Determine the amount of grant funds each awardee may
557	receive and award grant funds to applicants.
558	(5)  Develop a monitoring process to evaluate grant
559	awardees, which may include an annual monitoring visit to each
560	awardee's local office.
561	(6)  Ensure that persons or organizations awarded grant
562	funds meet and adhere to the requirements of this act.
563	(7)  Adopt rules as necessary to administer the grant
564	program and this act.
565	Section 16.  Section 744.714, Florida Statutes, is created
566	to read:
567	744.714  Eligibility.--
568	(1)  Any person or organization that has not been awarded a
569	grant must meet all of the following conditions to be eligible
570	to receive a grant:
571	(a)  The applicant must meet, or directly employ staff that
572	meets, the minimum qualifications for a public guardian under
573	this chapter.
574	(b)  The applicant must have been appointed by, or is
575	pending appointment by, the Statewide Public Guardianship Office
576	to become an office of public guardian in this state.
577	(2)  In addition to the requirements of subsection (1), to
578	be eligible for another grant any person or organization that
579	has been awarded a previous grant must have achieved a
580	satisfactory monitoring score during the applicant's most recent
581	evaluation.
582	Section 17.  Section 744.715, Florida Statutes, is created
583	to read:
584	744.715  Grant application requirements; review criteria;
585	awards process.--Grant applications must be submitted to the
586	Statewide Public Guardianship Office for review and approval.
587	(1)  A grant application must contain:
588	(a)  The specific amount of grant funds being requested.
589	(b)  The applicant's proposed annual budget for the office
590	of public guardian, including all sources of funding, and a
591	detailed report of proposed expenditures, including
592	administrative costs.
593	(c)  The total number of wards the applicant intends to
594	serve during the grant period.
595	(d)  Evidence that the applicant has:
596	1.  Attempted to procure funds and has exhausted all other
597	possible sources of funding; or
598	2.  Procured funds from local sources, but the total amount
599	of the funds collected or pledged is insufficient to meet the
600	need for public guardianship in the geographic area that the
601	applicant intends to serve.
602	(e)  An agreement or confirmation from a local funding
603	source, such as a county or local government, that the local
604	funding source will contribute matching funds to the public
605	guardianship program totaling not less than $1 for every $1 of
606	grant funds awarded. For purposes of this section, an applicant
607	may provide evidence of agreements or confirmations from
608	multiple local funding sources showing that the local funding
609	sources will pool their contributed matching funds to the public
610	guardianship program for a combined total of not less than $1
611	for every $1 of grant funds awarded. In-kind contributions, such
612	as materials, commodities, office space, or other types of
613	facilities, personnel services, or other items as determined by
614	rule shall be considered by the office and may be counted as
615	part or all of the local matching funds.
616	(f)  A detailed plan describing how the office of public
617	guardian on whose behalf the applicant is applying will be
618	funded in future years.
619	(g)  Any other information determined by rule as necessary
620	to assist in evaluating grant applicants.
621	(2)  If the Statewide Public Guardianship Office determines
622	that an applicant meets the requirements for an award of grant
623	funds, the office may award the applicant any amount of grant
624	funds the executive director deems appropriate, if the amount
625	awarded meets the requirements of this act. The office may adopt
626	a rule allocating the maximum allowable amount of grant funds
627	that may be expended on any ward.
628	(3)  A grant awardee must submit a new grant application
629	for each year of additional funding.
630	(4)(a)  In the first year of the Joining Forces for Public
631	Guardianship matching grant program's existence, the Statewide
632	Public Guardianship Office shall give priority in awarding grant
633	funds to those entities that:
634	1.  Are operating as appointed offices of public guardians
635	in this state.
636	2.  Meet all of the requirements for being awarded a grant
637	under this act.
638	3.  Demonstrate a need for grant funds during the current
639	fiscal year due to a loss of local funding formerly raised
640	through court filing fees.
641	(b)  In each fiscal year after the first year that grant
642	funds are distributed, the Statewide Public Guardianship Office
643	may give priority to awarding grant funds to those entities
644	that:
645	1.  Meet all of the requirements of this act for being
646	awarded grant funds.
647	2.  Submit with their application an agreement or
648	confirmation from a local funding source, such as a county or
649	local government, that the local funding source will contribute
650	matching funds totaling an amount equal to or exceeding $2 for
651	every $1 of grant funds awarded by the office. An entity may
652	submit with its application agreements or confirmations from
653	multiple local funding sources showing that the local funding
654	sources will pool their contributed matching funds to the public
655	guardianship program for a combined total of not less than $2
656	for every $1 of grant funds awarded. In-kind contributions
657	allowable under this section shall be evaluated by the Statewide
658	Public Guardianship Office and may be counted as part or all of
659	the local matching funds.
660	Section 18.  Except as otherwise provided herein, this act
661	shall take effect July 1, 2004.

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